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1999-417\\CH LGLWO~i\SHARED\DEPT~LOL\Our Documents\Ordm~nces~99\COLLIN COUNTY TEXAS INTERLOCAL ORDINANCE doc O INANCENO 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 C©LLIN COUNTY TEXAS) THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS ~ That the City Manager is hereby authonzed to execute an lnterlocal agreement an substantially the same form as the one attached hereto and incorporated by reference hereto ~ That the City Manager is authorized to expend funds pursuant to the agreement for the purchase of various goods and servmes ~ That this ordinance shall become effective immediately upon ~ts passage and approval PASSED AND APPROVED this the /~ ~ day of ~1999 JACR~/LER, MAYOR ATTEST JENNIFBR WALTERS, CITY SECRETARY 'I APPRO'~tED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY 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 Colhn County Texas, eich referred to hereto as partmlpatmg governments WHEREAS, the respective part~mpat~ng governments are authorized by the Interlocal Cooperation Act, V T C A Government Code, Chapter 791, and more specifically Sectmn 791 025, to enter into joint contracts and agreements for the performance of governmental functmns and services including admimstranve functions normally associated w~th the operation of government such as purchasing of necessary materials and supplies, WHEREAS, it is the desire of the aforesmd participating governments to comply with and further the pohcles and purpose of the Interlocal Cooperation Act, WHEREAS, the participating governments cannot normally obtain the best possible purchase price for materials and supphes acting individually and w~thout cooperation, and WHEREAS, it is deemed ~n the best interest of all participating governments that smd governments do enter into a mutually satisfactory agreement for the purchase of certain materials and supphes, 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 contmned herein and pursuant to the anthonty permitted under the Interlocal Cooperation Act, promise and agree as follows Purpose The purpose of this Agreement is to authonze participation of the City of Denton in various Collm County Texas contracts for the purchase of various goods and serwces Partlcipat~on m tlus cooperative program will be lughly beneficial to the taxpayers of the City of Denton through antlmpated savings to be realized II. Duration of Agreement This Agreement shall be an effect from the date of executaon and shall remmn an effect unless earlier terminated by cather party to the agreement by gavang 30 days prior written notice III. Relationship of Parties It as agreed that the Caty of Denton, an receavang products and/or servaces specafied an thas agreement, shall act as an andependent purchaser and shall have control of its needs and the manner an wbach they are acqunred Netther the Caty of Denton, ars agents, employees, volunteer help or any other person operatang under tins contract shall be considered an agent or employee of Collm County Texas and shall not be entitled to partlcapate m any pensaon plans or other benefats that Collan County Texas provades ats employees Collm County Texas shall notafy all partacapatmg entities of avmlable contracts to anclude terms of contract, commodaty cost, contact names and addresses Collan County Texas shall keep partae~patmg governments reformed of all changes to the Cooperatave Purchasang hst of contracts Nothing an thru agreement shall prevent any partac~pating government from acceptang and awarding hrds for conuno&taes subject to tins agreement lndavadually and m ~ts own behalf Tom D Shaw, C P M, Purehasang Agent, 901-B Texas, Denton Texas 76201 as hereby designated as the official representatave to act for the City of Denton m all matters relating to this agreement Barbara N. Stephen, CPPO, CPPB, Purchasing Agent is hereby designated as the officaal representatave to act for Collm County in all matters relating to this agreement IV. Purchase of Goods and Servaces All products and services shall be procured by Colhn County Texas in accordance with procedures gnvermng competative bads and competative proposals The participating government will be able to purchase from those contracts estabhshed by Collln County Texas where notaee has been given in the specifications and successful b~dder has accepted terms for Cooperatave Purehasang Agreements for local governments The partacapatang governments hereto agree that thc ordenng of products and services through thts agreement shall be thear lndawdual responslballty and that the successful bidder or bidders shall bill each partaclpatmg government threctly The participating governments agree to pay successful bidders directly for all products or services received from current revenues available for such purchase Each pamclpatmg Page 2 government shall be liable to the successful bidder only for products and servaces ordered by and received by at, and shall not by the execution of this agreement assume any adthtlonal hablhty Collm County Texas does not warrant and is not responsible for the quality or delivery of products or services fi.om successful bidder The panlclpaUng government shall receive all warranUes provided by successful bidder for the products or services purchased In the event that any dispute muses between mdavldual participating government and a successful bidder, the same shall be handled by and between the parhcapatmg government body and the bidder Part V. Tbas 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 exeented by both partms Tb~s agreement shall be consmaed in accordance w~th the laws of the State of Texas and venue for all purposes hereunder shall he in Collia , County, Texas If any pmwmon hereof is determined by any court of competent junschction to be invalid, illegal or unenforceable, such provismn shall be fully severable herefrom and the Agreement shall be construed and enforced as ff such invalid, illegal or unenforceable provision never comprised a part hereof, and the remaining provisions shall continue in full force and effect Th~s Agreement is not intended to extend the llabllaty of the parties beyond that provided by law Neither Collm County nor Denton wmves any lmmumty or defense that otherwise would be avmlable to it agmnst clmm by third pames IN WITNESS WHEREOF, the parties hereto have caused flus agreement to be executed by their authorized officers thereon the day and the year first above written COLLIN COUNTY TEXAS By Barbara N. Stephen, CPPO, CPPB PurchasingAgent Court O~der No. 99-763-12-20 CITY OF DENTON Page 3 ATTEST Jenmfer Walters, City Secretary Approved as to Legal Form Herbert L Prouty, City Attorney \\CH-LGL\VOL 1 ~hared\d~pt~LOL\Our DocumentskContr0ota\99~(COLLIN COUNTY) IRTERLOCAL AGREEMENT doe Page 4 COURT ORDER NO gg- r-/l; ~ -12-20 THE STATE OF TEXAS COUNTY OF COLLIN AGREEMENTS INTERLOCAL AGREEMENT THE CITY OF DENTONICOLLIN COUNTY PAGER RENTAL & SERVICES PURCHASING On December 20, 1999, the Commissioners' Court of Colhn County, Texas, met ~n regular session w~th the following members present and parbc~pating, to w~t Ron Harris Phylhs Cole Jerry Hoagland Joe Jaynes Jack Hatchell County Judge, Presiding Commissioner, Precinct 1 Commissioner, Precinct 2 Commissioner, Precinct 3 Commissioner, Precinct 4 During such session the court considered approval of an Interlocal agreement between Colhn County and the C~ty of Denton to p~ggy back Pager Rental & Serwces, B~d No 99-02-049 Thereupon, a inchon was made, seconded and camed w~th a majonty vote of.the court authonzlng the attached Interlocal agreement between Colhn County and the C~ty of Denton to p~ggy back Pager Rental & Services, Bid No 99-02-049, and further authonze Purchasing Agent to execute same Same ~s hereby approved as per the attached documentabon Phylhs Cole, Commissioner, Pct 1 Jerry Hoag~an~l,/~mm~ssioner, Pct2 /£/ Joe Ja~", Corhrffissmner, Pct 3 Jack Hatchell, Commissioner, Pct 4 ATTEST , 1~lClen Starnes, Ex-OffiCio Clerk Commissioners' Court Colhn County, T E X A S P 02 j~n-05-O0 11: 15A office c~ ~e Caumy purctmsing ,Agent 1999 All, TOUCH PAGING 580 Dcek~ l~w¢, State Irving, Texas 75062 Re Pag~ R~tal & $~-~noes BKINo 99-02-049 M~nney, Tex~.750~9 ~, (972)648-416S · M~bO4~4-1460Ext 4165 01/05/00 WED 12 18 [TX/RI NO 9953I