1998-344AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT AN
INTERLOCAL AGREEMENT WITH DENTON COUNTY TO AUTHORIZE
PARTICIPATION IN VARIOUS DENTON COUNTY CONTRACTS FOR THE
PURCHASE OF VARIOUS GOODS AND SERVICES, AUTHORIZING THE
EXPENDITURE OF FLrNDS, AND DECLARING AN EFFECTIVE DATE (FILE
#2292-INTERLOCAL AGREEMENT WITH DENTON COUNTY)
THE COUPLE OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the City Manager is hereby authorized to execute the attached
agreement, a copy of which is attached hereto and incorporated by reference hereto
SECTION II That the City Manager is authorized to expend funds pursuant to
the agreement for the purchase of various goods and services
SECTION III That this ordinance shall become effective ~mmedlately upon its
passage and approval
PASSED AND APPROVED this the~2~~1~day of /~~} ,1998
ATTEST
JENNIFER WALTERS, CITY SECRETARY
HERBERT L PROUTY, CITY ATTORNEY
INTERLOC^L DOC
COOPERATIVE PUKCHASING AGREEMENT
STATE O0 TEXAS
COUNTY OF DENTON
THIS AGREEMENT is made on the 20 day of
OCTOBER , 1998, be tween the C 1 ty / Town o f
DENTON , State of Texas, and the County of Denton,
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, 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 purposes
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 for the Denton County fiscal year 1998-
1999
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 herein and pursuant to
the authority permitted under the Interlocal Cooperation Act,
promise and agree as follows
I.
Purpose
The purpose of this Agree~nent is to authorize participation
of the City/Town of DENTON in various Denton County
contracts for the purchase of various goods and services
Participation in this cooperative program will be highly
beneficial to the taxl~ayers of the City/Town through anticipated
savings to be realized
II.
Duration of Agreement
This Agreement shall be zn effect from the date of execution
until terminated by either party to the agreement
III.
Relationship of Parties
It is agreed that the City/Town, 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 which they are acquired Neither the City/Town, Its
agents, employees, volunteer help or any other person operating
under this contract shall be considered an agent or employee of
Denton County and shall not be entitled to participate in any
pension plans or other benefits that Denton County provides its
employees
Denton County shall notify all participating entities of
available contracts to include terms of contract, con~nodlty cost,
contact names and addresses Denton County 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 con~nodltles
sub]ect to this agreement individually and in its own behalf
IV.
Purchase of Goods and Services
Ail products and services shall be procured by Denton County
in accordance with procedures governing competitive bids and
competitive proposals
The participating government will be able to purchase from
those contracts established by Denton County where notice has been
given in the specifications and successful bidder has accepted
terms for Cooperative Purchasing Agreements for local governments
within Denton County
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
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
Denton County 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 warrant~es
provided by successful b~dder for the products or services
purchased
In the event that any d~spute arises between ~nd~v~dual
participatIng government and a successful b~dder, the same shall
be handled by and between the participating government body and
the bidder
IN WITNESS WHEREOF, the part~es hereto have caused this
agreement to be executed by their authorized officers thereon the
day and the year f~rst above written
DENTON COUNTY, TEXAS CITY OF DENTON
Acting on behalf of and by authorlty
of the Denton County CommissIoners Court
Approved as to content
Director of P~
Approved as to form
Assistant D~str~ct At~t/o~