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Home My WebLink About2003-017ORDINANCE NO. /917 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT AN INTERLOCAL AGREEMENT WITH U.S. COMMUNITIES TO AUTHORIZE PARTICIPATION IN VARIOUS U.S. COMMUNITIES CONTRACTS FOR THE PURCHASE OF VARIOUS GOODS AND SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE. (FILE # 2930—INTERLOCAL AGREEMENT WITH U.S. COMMUNITIES). WHEREAS, U.S. Communities is a nonprofit corporation duly created and operating to perform one or more governmental functions and services including the purchase of goods and services for local governments and other governmental entities throughout the United States; and WHEREAS, Section 791.025 of the Texas Government Code (the "Act') authorizes cities to enter into interlocal agreements with such nonprofit corporations which satisfies competitive bidding requirements; and WHEREAS, the City Council of the City of Denton, Texas finds that the Master Intergovernmental Cooperative Purchasing Agreement attached hereto and made a part hereof by reference (the "Interlocal Agreement') is in the public interest and satisfies the requirements of the Act; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION L The findings and recitations in the preamble of this ordinance are incorporated herein by reference. The City Manager, or his designee, is hereby authorized to execute the Interlocal Agreement on behalf of the City of Denton. SECTION 2. The duly appointed Purchasing Agent for the City of Denton is designated by the City Manager to have the authorization to expend funds pursuant to this Interlocal Agreement for the purchase of various good and services in compliance with the Act. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of *at2003. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY c BY: AP OVED A TO LEGAL FORM: HERBERT L,,RROUTY„ 0TY ATTORNEY ffm 3-Ord-File 2930 Page 2 ( gva COMMUNITIES GDvemmmi furchum Sovixg You Maxey Founding Co -Sponsors MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT This agreement is made between certain government agencies that execute a Lead Public Agency Certificate ("Lead Public Agencies") to be appended and made a part hereof and other government agencies ("Participating Public Agencies") that agree to terms and conditions hereof through U.S. Communities registration to be appended and made a part hereof. RECITALS WHEREAS, after a competitive bidding and selection process by Lead Public Agencies, a number of Vendors have entered into Master Agreements to provide a variety of goods, products and services based on national volumes (herein "Products"); WHEREAS, Master Agreements are made available by Lead Public Agencies through U.S. Communities and provide that Participating Public Agencies may purchase Products on the same terms, conditions and pricing as the Lead Public Agency, subject to any applicable local purchasing ordinances and the laws of the State of purchase; WHEREAS, the parties desire to comply with the requirements and formalities of the Intergovernmental Cooperation Act as may be applicable to the laws of the State of purchase; WHEREAS, the parties hereto desire to conserve resources and reduce procurement cost; WHEREAS, the parties hereto desire to improve the efficiency, effectiveness and economy of the procurement of necessary Products; NOW, THEREFORE, in consideration of the mutual promises contained in this agreement, and of the mutual benefits to result, the parties agree as follows: 1. That each party will facilitate the cooperative procurement of Products. 2. That the procurement of Products subject to this agreement shall be conducted in accordance with and subject to the relevant statutes, ordinances, rules and regulations that govern each party's procurement practices. 3. That the cooperative use of bids obtained by a party to this agreement shall be in accordance with the terms and conditions of the bid, except as modification of those terms and conditions is otherwise allowed or required by applicable law. 4. That the Lead Public Agencies will make available, upon reasonable request and subject to convenience, information which may assist in improving the effectiveness, efficiency and economy of Participating Public Agencies procurement of Products. 5. That a procuring party will make timely payments to the Vendor for Products received in accordance with the terms and conditions of the procurement. Payment for Products and inspections and acceptance of Products ordered by the procuring party shall be the exclusive obligation of such procuring party. Disputes between procuring party and Vendor are to be resolved in accord with the law and venue rules of the State of purchase. 6. The procuring party shall not use this agreement as a method for obtaining additional concessions or reduced prices for similar products or services. 7. The procuring party shall be responsible for the ordering of Products under this agreement. A non -procuring party shall not be liable in any fashion for any violation by a procuring party, and the procuring party shall hold non -procuring party harmless from any liability that may arise from action or inaction of the procuring party. 8. The exercise of any rights or remedies by the procuring party shall be the exclusive obligation of such procuring party. 9. This agreement shall remain in effect until termination by a party giving 30 days written notice to U.S. Communities at 2175 N. California Blvd., Suite 550, Walnut Creek, CA 94596. 10. This agreement shall take effect after execution of the Lead Public Agency Certificate or Participating Public Agency Registration, as applicable. 04/14/02 http://www.uscommunities.org/iga.htm (1 of 3) [09/0912002 3:53:35 PM) LEAD PUBLIC AGENCY I bereby ackuaowledge" on behalf of the County of Los Angeles, CA (the "Lead Public Agency") that, I have read and agree to the general teens and oondmhons ad forth in the enclosed Master Intergovuanmental Cooperative Peebasing Agmement (MUTA) regulating the use of the Mader Agreements and ptmcbme of Products tbat from time to time am made available by Lead Public Agency to Participating Public Agencies natiiomwide through U.S. Commmnifies. Copies of Made¢ Age and any amendments themto made available by Lad Public Agency will be provided to Vendors and US. Comuntmitles to Acilitate use by Participating Public Agencies. I understand that the purchase of one at more Products under the provisions of the MICPA is at the sole and complete discretion of the Participating Public Agency. ihorisxd Sigaatnre Joe Sandoval, Division Manager Purchasing and Contract Services County of Los Angeles Name and Tide of Signcr 73OZ- Datb http://www.uscommunities.org/iga.htm (2 of 3) [09/09/2002 3:53:35 PM) ISAD I+WLIC AGENCY CERTMCATE I baro6y aoloaowledg0. 0o brhalfofffie Runty of Fai�c, Vagiola (the `3.eed Pnblio Agenoyr� drat, I have reed and agree tc dw general t=ns and amdiii eat forth in the enclosed Master latKpvwnmenbd CoapezmtrmPmobmpmgAzmemmnt(M"A) regulating the sae of fin Master Agm=cnta and pmcbaseof Prpduote tbet $am dme to dme are made available by Lead Pubffa Agenoy to Patticipe ft PoW Agman nationwide through U.S. Communities, t7ogies ofD4mm Ageeemwe and any am=dmcids tlaeaebc made available by Lead Public Agency will be FwAded to Vendors aid U.S, Cam udder to fammuft I= by PertmWedng Pebilc Agancioe. I mrdemtamid dattbepwab m cfone ar more Prodmbnndw %o pwvbiom of ffie MICIPA is at the sole soil uanpiate disci of the kanldpedng Public Agonoy. uhnriaa S*maaus Name and ride of ftok r1 L Date http://www.uscommunities.org/iga.htm (3 of 3) [09/09/2002 3:53:35 PM] Quxc114SV11 9r z C w a U.S. COMMUNITIES Government Purchasers Saving You Money Founding Co -Sponsors NACU NIGP �. muubebAsv!.��'. }T National League of Cllles �"k<• PARTICIPATING PUBLIC AGENCY PARTICIPATION CERTIFICATE I hereby acknowledge, on behalf of the public agency identified (the "Participating Public Agency") that, I have read and agree to the general terms and conditions set forth in the enclosed Master Intergovernmental Cooperative Purchasing Agreement (MICPA, "Attachment A") regulating the use of the various Master Agreements and purchase of Products made available by Lead Public Agencies through U.S. Communities. Before purchasing any one or more of the Products, the Participating Public Agency should review and ensure the terms and provisions of the applicable Master Agreement are acceptable. I understand that the purchase of o more Products under the provisions of the MICPA is at the sole and complete discretion of art' ' 1 P Signature: City'Nana Date: Name: City of Denton Department: v„rchasing [IMPORTANTI] Employer 9-Digit Tax ID #: (TIN): 75-6000514 Please mark the appropriate box: ❑ County ❑ Consol. City/County Other (specify): ❑ County Special District ❑ K - 12 ❑ State Agency jp City, Town or Village ❑ Community College ❑ Independent Special District ❑ City Special District ❑ College & University ❑ Non -Profit 501(c)3 ❑ Other: Name: Tom D. Shaw, C.P.M., A.P.P. Title: Purchasing Agent Mailing Address: City: Denton State: TX Zip: 76209 Telephone: 940-349-7100 Fax: 940-449-7102 E-Mail: tdshaw@cityofdenton.com info«uscommunities.org e www.uscommunities.oig SUPPLIER INTEREST: Office Supplies Master Agreement No. • Office Depot ❑ Los Angeles County Contract #41421 Electrical & Comm/Data • Gra bar ❑ Los Angeles County Contract #57128 and #41490 Office Furniture • Haworth ❑ Fairfax County Contract RQ0141131316A • Herman Miller ❑ Fairfax County Contract RQ0141131316B • Knoll ❑ Fairfax County Contract RQ0141131316C • Steelcase ❑ Fairfax County Contract RQ0141131316E Industrial Supplies • Grainger ❑ Los Angeles County Contract #57141 Computers Fairfax County Contract R00034136016 (A-D, F-G) • Comark ❑ IBM ❑ • Com USA ❑ Micron ❑ • Gateway ❑ Software Spectrum ❑ All Vendors ❑ Please Fax to U.S. Communities at (925) 933-8457 For questions or additional information, please contact U.S. Communities at info(ciluscommunities.or4 or toll free at 866.472.7467 U.S. COMMUNITIES USE ONLY Date and Time Received: By: Date and Time Forwarded: By: 12.02