1997-273 ORDINANCE NO ~7~-~
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN 1NTERLOCAL
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
SECIIO~_L That the City Manager is hereby authorized to execute an Interlocal
Agreement w~th 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
~ That this ordinance shall become effective immediately upon its passage and
approval
PASSED AND APPROVED this the ~--~day of ~2~/0L~e/)~/' ,1907
JA~ ~
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
INTERLOCAL OTHER
DATE SEPTEMBER9, 1997
CITY CO[INCIL REPORT
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: Cotmed approve an orchnance for the cooperative purchasing of office
supphes and sxmdar material between the C~ty of Denton and the Town of Flower Mound
SUMMARY~ The Town of Flower Mound wishes to enter into this Interlocal Agreement to
authorize partac~patlon m the C~ty 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 mto ~nterlocal agreements Each entity shall act independently regarding actual
purchases
PROGRAMS: DEPARTMENTS OR GROUPS AFFECTED. City of Denton, Town of Flower
Mound
FISCAL IMPACT.. None
Attachment Interlocal Agreement
Respectfully submitted
Kath~-Dul~/se
Assistant City Manager of Finance
Prepared by
Name Mel~
Title Buyer
Name Tom D Shaw, C P M
T~tle Purehas~ng Agent
919 AGENDA
2
THE STATE OF TEXAS
COUNTY OF DENTON
INTERLOCAL AGREEMENT
Tins Interlocal Agreement ("Agreement") is entered into to be effective the 18th day of
August, 1997, under and m accordance with the provisions of the Interlocal CooperaUon Act,
Chapter 791, Texas Government Code, by and between the TOWN OF FLOWER MOUND,
TEXAS, a pohlacal subdivision of the State of Texas (hereinafter "Flower Mound"), and the
CITY OF DENTON, TEXAS, also a pohucal subchvls~on 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 Cooperauon Act, specifically §791 025
regarding contracts for the purchase of goods and services, and
Whereas, Flower Mound and Denton have agreed to the cooperaUve purchasing of office
supphes and similar material and desire to set forth hereto their respective responsibilities,
obligations and rights relative thereto
NOW THF~REFORE, Flower Mound and Denton for the mutual consideration hereinafter
stated, agree and understand as follows
1. Cooperative Purehasln~
a It is understood and agreed that Denton currently has a contract for goods and
services v~th BT Office Products, for which Denton competitively bid and awarded same under
the laws of the State of Texas
b This Agreement shall be m full force and effect for the duraUon of the contract
between Denton and BT Office Products unless this Agreement ~s terminated by either party
upon thirty (30) days wntten notice to the other if deemed to be in the best interest of the
munlclpahty
c Flower Mound and Denton intend that the entity, m receiving products and/or
senaces speafied m this Agreement, shall act as mdependeat purchaser and shall have control
of its needs and the manner m 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 m any
pension plans or other benefits that each entity prowdes to its employees
d Flower Mound and Denton agree that the ordenng of supphes and materials
purchased through thls Agreement shall be the individual responsthlhty of each and that the
successful bidder shall bill each pamclpating mumclpahty directly for the goods, services or
matenals ordered by it
e. In the event that any dispute arises between an md~v~dual mumcxpahty and the
successful bidder, the same shall be handled between the two chsputmg parues
f Each participating government shall be hable to the successful b~dder only for
supphes or materials ordered and received by ~t and shall not, by the execution of th~s
Agreement, assume any additional lmblhty
2. Mlmr, llmlt~
a. Tlus Agreement expresses the entire agreement between the part~es hereto
regarding the subject matter contained hereto and may not be modified or amended except by
written agreement duly executed by both part~es
b The Agreement had been duly and properly approved by each party's govermng
body and constitutes a bmdmg obhgatton on each party
c Tius Agreement shall be construed in accordance w,th the laws of the State of
Texas and venue for all purposes hereunder shall he ~n Denton County, Texas
d If any prows~on hereof ~s determined by any court of competent junsdtcUon to
be invalid, illegal or unenforceable, such prowslon shall be fully severable berefrom and the
Agreement shall be construed and enforced as ~f such mvahd, ~llegal or unenforceable prowston
never comprised a part hereof, and the remalmng prows~ons shall continue m full force and
effect
e. This Agreement ~s not intended to extend the habxhty of the part~es beyond that
provided by law Neither Flower Mound nor Denton waives any ~mmumty or defense that
otherwise would be avadable to ~t against clmms by third parties
APPROVED BY THE TOWN COUNCIL FOR THE TOWN OF FLOWER MOUND,
TEXAS, m its meeting held on the 18th day of August, 1997, and executed by its authonzed
representaUve
TOWN OF FLOWER 7UND
E~c l.~){eld~r, Interim Town Manager
ATrF_~T
Paula Lawrence~, City Secretary
APPROVED AS TO FORM'
Terrence S Welch, Town Attorney
APPROVED BY THE,CITY COUNCIL FOR THE CITY OF DENTON, TEXAS, m
Its meeting held on the q~--~ day of ~'~a/o~-~5~r' , 1997, and executx~,d by ~ts
authonzed representaUve
CITY OF DENTON
ATILT .
APPROVED AS TO FORM
, C~ty Attorney
INTERLOCAL AGREEMENT Page 3