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HomeMy WebLinkAbout1997-273ORDINANCE NO AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE TOWN OF FLOWER MOUND RELATING TO PARTICIPATION IN THE CITY OF DENTON CONTRACT WHICH PROVIDES FOR THE PURCHASE OF OFFICE SUPPLIES AND SIMILAR MATERIAL, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS S CTION_I. That the City Manager is hereby authorized to execute an Interlocal Agreement with the Town of Flower Mound relating to participation in the City of Denton contract which provides for the purchase of office supplies and similar material, a copy of such agreement is attached hereto and incorporated by reference SECTION II That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the % t�day of sQtQ�B/Y�6� 1997 ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY INTERLOCAL OTHER 1 JAC LLER, MAYOR DATE SEPTEMBER 9, 1997 ISINSIAKIIIRrell TO Mayor and Members of the City Council FROM Kathy DuBose, Assistant City Manager of Finance SUBJECT. INTERLOCAL AGREEMENT WITH THE TOWN OF FLOWER MOUND RECOMMENDATION• Council approve an ordinance for the cooperative purchasing of office supplies and similar material between the City of Denton and the Town of Flower Mound SUMMARY: The Town of Flower Mound wishes to enter into this Interlocal Agreement to authorize participation in the City of Denton contract for the purchase of office supplies and similar material The Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, grants cities the authority to enter into interlocal agreements Each entity shall act independently regarding actual purchases PROGRAMSODEPARTMENTSORGROUPS AFFECTED. Mound I�1T. _ u '. ►•� Attachment Interlocal Agreement Prepared by J� Name Melahie Harden, A P P Title Buyer Approved (` Name Tom D Shaw, C P M Title Purchasing Agent 919 AGENDA Respectfully submitted 12nsk- Kath'Y-DuW96 Assistant City Manager of Finance THE STATE OF TEXAS COUNTY OF DENTON This Interlocal Agreement ("Agreement") is entered into to be effective the 18th day of August, 1997, under and in accordance with the provisions of the Interlocal Cooperation Act, Chapter 791, Texas Government Code, by and between the TOWN OF FLOWER MOUND, TEXAS, a political subdivision of the State of Texas (hereinafter "Flower Mound"), and the CITY OF DENTON, TEXAS, also a political subdivision of the State of Texas (hereinafter "Denton") Whereas, Flower Mound and Denton mutually desire to be subject to the provisions of the Texas Government Code, Chapter 791, the Interlocal Cooperation Act, specifically §791 025 regarding contracts for the purchase of goods and services, and Whereas, Flower Mound and Denton have agreed to the cooperative purchasing of office supplies and similar material and desire to set forth herein their respective responsibilities, obligations and rights relative thereto NOW THEREFORE, Flower Mound and Denton for the mutual consideration hereinafter stated, agree and understand as follows 1. Cooperative Purchasing a It is understood and agreed that Denton currently has a contract for goods and services with BT Office Products, for which Denton competitively bid and awarded same under the laws of the State of Texas b This Agreement shall be in full force and effect for the duration of the contract between Denton and BT Office Products unless this Agreement is terminated by either party upon thirty (30) days written notice to the other if deemed to be in the best interest of the municipality c Flower Mound and Denton intend that the entity, in receiving products and/or services specified in this Agreement, shall act as independent purchaser and shall have control of its needs and the manner in which they are acquired Neither Flower Mound or Denton, their agents, employees, volunteer help, nor any other person operating under this Agreement, shall , be considered an agent or employee of the other and shall not be entitled to participate in any pension plans or other benefits that each entity provides to its employees Yf> d Flower Mound and Denton agree that the ordering of supplies and materials purchased through this Agreement shall be the individual responsibility of each and that the successful bidder shall bill each participating municipality directly for the goods, services or materials ordered by it - ni e. In the event that any dispute arises between an individual municipality and the successful bidder, the same shall be handled between the two disputing parties f Each participating government shall be liable to the successful bidder only for supplies or materials ordered and received by it and shall not, by the execution of this Agreement, assume any additional liability a. 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 b The Agreement had been duly and properly approved by each parry's governing body and constitutes a binding obligation on each party c This Agreement shall be construed in accordance with the laws of the State of Texas and venue for all purposes hereunder shall he in Denton County, Texas d 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 e. This Agreement is not intended to extend the liability of the parties beyond that provided by law Neither Flower Mound nor Denton waives any immunity or defense that otherwise would be available to it against claims by third parties APPROVED BY THE TOWN COUNCIL FOR THE TOWN OF FLOWER MOUND, TEXAS, in its meeting held on the 18th day of August, 1997, and executed by its authorized representative TOWN OF FLOWER im ATTEST Paula Lawrence, City Secretary APPROVED AS TO FORM' Terrence S Welch, Town Attorney Intenm Town Manager APPROVED BY THPCITY COUNCIL FOR THE CITY OF DENTON, TEXAS, in its meeting held on the day of salter rn 1997, and executed by its authorized representative CITY OF DENTON By, ATTEST City Secretary APPROVED AS TO FORM 0 City Attorney m 0 INT ,RLOCAL AGREEMENT Page 3 0 z z co m Co M m —a v vi 0 ,j �n