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HomeMy WebLinkAbout1999-417UCH LGL\vOt 1\SHARED\DEPT%LGL\Our DocummukOrdmenceAMCOLLIN COUNTY TEXAS INTERLOCAL ORDINANCE doc ORDINANCE NO W-Oq AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT AN INTERLOCAL AGREEMENT WITH COLLIN COUNTY TEXAS TO AUTHORIZE PARTICIPATION IN VARIOUS COLLIN COUNTY TEXAS CONTRACTS FOR THE PURCHASE OF VARIOUS GOODS AND SERVICES, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND DECLARING AN EFFECTIVE DATE (FILE 2437 — INTERLOCAL AGREEMENT WITH COLLIN COUNTY TEXAS) THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the City Manager is hereby authorized to execute an interlocal agreement in substantially the same form as the one attached hereto and incorporated by reference herein SECTION 2 That the City Manager is authorized to expend funds pursuant to the agreement for the purchase of various goods and services SECTION 3 That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the 1� — day of 7 1999 JACI ER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY MR 3 AS TO LEGAL FORM L PROUTY, CITY ATTORNEY BY (f / / STATE OF TEXAS § COUNTY OF DENTON § INTERLOCAL COOPERATIVE PURCHASING AGREEMENT BETWEEN COLLIN COUNTY TEXAS AND CITY OF DENTON, TEXAS THIS AGREEMENT is made on the day of — 1999, between the City of Denton, State of Texas, and Collin County Texas , each referred to herein as participating governments WHEREAS, the respective participating governments are authorized by the Interlocal Cooperation Act, V T C A Government Code, Chapter 791, and more specifically Section 791025, to enter into joint contracts and agreements for the performance of governmental functions and services including administrative functions normally associated with the operation of government such as purchasing of necessary materials and supplies, WHEREAS, it is the desire of the aforesaid participating governments to comply with and further the policies and purpose of the Interlocal Cooperation Act, WHEREAS, the participating governments cannot normally obtain the best possible purchase price for materials and supplies acting individually and without cooperation, and WHEREAS, it is deemed in the best interest of all participating governments that said governments do enter into a mutually satisfactory agreement for the purchase of certain materials and supplies, WHEREAS, the parties, in performing governmental functions or in paying for the performance of governmental functions hereunder shall make that performance or those payments from current revenues legally available to that party, NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants and conditions contained herem and pursuant to the authority permitted under the Interlocal Cooperation Act, promise and agree as follows I. Purpose The purpose of this Agreement is to authorize participation of the City of Denton in various Collin County Texas contracts for the purchase of various goods and services Participation in this cooperative program will be highly beneficial to the taxpayers of the City of Denton through anticipated savings to be realized II. Duration of Agreement This Agreement shall be in effect from the date of execution and shall remain in effect unless earlier terminated by either party to the agreement by giving 30 days prior written notice III. Relationship of Parties It is agreed that the City of Denton, in receiving products and/or services specified in this agreement, shall act as an independent purchaser and shall have control of its needs and the manner in winch they are acquired Neither the City of Denton, its agents, employees, volunteer help or any other person operating under this contract shall be considered an agent or employee of Collin County Texas and shall not be entitled to participate in any pension plans or other benefits that Collin County Texas provides its employees Collin County Texas shall notify all participating entities of available contracts to include terms of contract, commodity cost, contact names and addresses Collin County Texas shall keep participating governments informed of all changes to the Cooperative Purchasing list of contracts Nothing in this agreement shall prevent any participating government from accepting and awarding bids for commodities subject to this agreement individually and in its own behalf Tom D Shaw, C P M , Purchasing Agent, 901-B Texas, Denton Texas 76201 is hereby designated as the official representative to act for the City of Denton in all matters relating to this agreement Barbara N. Stephen, CPPo, CPPB, Purchasing Agent is hereby designated as the official representative to act for Collin County in all matters relating to this agreement IV. Purchase of Goods and Services All products and services shall be procured by Collin County Texas in accordance with procedures governing competitive bids and competitive proposals The participating government will be able to purchase from those contracts established by Collin County Texas where notice has been given in the specifications and successful bidder has accepted terms for Cooperative Purchasing Agreements for local governments The participating governments hereto agree that the ordering of products and services through this agreement shall be their individual responsibility and that the successful bidder or bidders shall bill each participating government directly The participating governments agree to pay successful bidders directly for all products or services received from current revenues available for such purchase Each participating Page 2 government shall be liable to the successful bidder only for products and services ordered by and received by it, and shall not by the execution of this agreement assume any additional liability Collin County Texas does not warrant and is not responsible for the quality or delivery of products or services from successful bidder The participating government shall receive all warranties provided by successful bidder for the products or services purchased In the event that any dispute arises between individual participating government and a successful bidder, the same shall be handled by and between the participating government body and the bidder Part V. This agreement expresses the entire agreement between the parties hereto regarding the subject matter contained herein and may not be modified or amended except by written agreement duly executed by both parties This agreement shall be construed in accordance with the laws of the State of Texas and venue for all purposes hereunder shall he in Collin County, Texas If any provision hereof is determined by any court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be fully severable herefrom and the Agreement shall be construed and enforced as if such invalid, illegal or unenforceable provision never comprised a part hereof, and the remaining provisions shall continue in full force and effect This Agreement is not intended to extend the liability of the parties beyond that provided by law Neither Collm County nor Denton waives any immunity or defense that otherwise would be available to it against claim by third parties IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers thereon the day and the year first above written COLLIN COUNTY TEXAS k"&nk By Barbara N. Stephen, CPPO, CPPB Purchasing Agent Court Order No. 99-763-12-20 CITY OF DENTON Page 3 ATTEST Jennifer Walters, City Secretary 91: . �.... / lo /_�lii VIAI Approved as to Legal Form Herbert L Prouty, City Attorney BY '�C- / C.. ! 1 \\CH-LGL\VOLI\shared\dept\LGL\Our Documents\Contracts\99\(COLLIN COUNTY) INTERLOCAL AGREEMENT doe Page 4 COURT ORDER NO 99- 'I (,' � -12-20 THE STATE OF TEXAS AGREEMENTS INTERLOCAL AGREEMENT THE CITY OF DENTON/COLLIN COUNTY COUNTY OF COLLIN PAGER RENTAL & SERVICES PURCHASING On session with thefollowing the Commissioners' Court of Collin members present and participating, o witty, Texas, met in regular Ron Harris County Judge, Presiding Phyllis Cole Commissioner, Precinct 1 Jerry Hoagland Commissioner, Precinct 2 Joe Jaynes Commissioner, Precinct 3 Commissioner, Precinct 4 Jack Hatchell During such session the court considered of an nterlocal between Count and the City of Denton to piggy back Pager lRental Services, Collin Bid No 99 02 049 h a majority e of 1he court authorizing the attached Interlocal t agreement nt between Collin County and t the City of Denton to piggyback Pager Rental & Services, Bid No 99-02-049, and further authorize Purchasing Agent to execute same Same is hereby approved as per the attached documentation Ron Harn , ounty ge' ` F R �r• Phyllis Cole, Commissioner, Pct 1 Jerry HoagjarTf Cp(nmissioner, Pct 2 Joe Jacommissioner, Pct 3 Jack Hatchell, Commissioner, Pct 4 ATTEST H len Starnes, Ex-Offi io Clerk Commissioners' Court Collin County, T E X A S c p ftanlccaeCofDanton PagetScs Jan-05-00 11:13A FUELM Office of no County putcheaing Agent November 19. 1999 AIRTOUCH PAGING Attn Karen Weaver 580 Decker Drive, Surtc 101 Irwtg, Texas 75062 Re Pa or Rcrual & Services B No 99.02-049 Dear Karen. The City of Denton has requested to "piggyback" Collin County s contract for Pager Rental & Services. Bid No. 99-02-049 in response to your saggrreenie it to allow other govetwnental entities to "piggyback e this letter is l to serve as a request for autborbmt on to allow the City of Denton to participate in the purchase of services/nems under this contract, please sign and return as soon as puastbit, as authorvation for the Cny of Denton t6 participate Should you have any questions, please call Dallas Metro 424-1460 ext 4115 or (972) 548-4115 • • 1 I it � 72 • TlTLF DATF. M A RT CHLAGW McKinney, Texas 75M • (972) 648-41 % • Metro 424-1460 Ext 4165 01/05/00 WED 12 18 [TX/RX NO 99531