2010-170ORDINANCE NO. 2010-170
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
INTERLOCAL COOPERATIVE PURCHASING PROGRAM AGREEMENT WITH THE
CITY OF MESQUITE, TEXAS UNDER SECTION 271.102 OF THE LOCAL
GOVERNMENT CODE, TO AUTHORIZE PARTICIPATION IN VARIOUS CITY OF
MESQUITE CONTRACTS FOR THE PURCHASE OF VARIOUS GOODS AND SERVICES;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN
EFFECTIVE DATE (FILE 4509-INTERLOCAL AGREEMENT WITH CITY OF
MESQUITE).
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee is hereby authorized to execute the
Interlocal Cooperative Purchasing Program Agreement with the City of Mesquite under Section
271.102 of the Local Government Code, a copy of which is attached hereto and incorporated by
reference herein (the "Agreement").
SECTION 2. The City Manager, or his designee is authorized to expend funds pursuant
to the Agreement for the purchase of various goods and services.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the ~W-
day of , 2010.
MARK HS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: `
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
F y
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By
2-0RD terlocal Agreement W ith City o esquite
4 w UY IVY WU L
9ATF A77
STATE OF TEXAS §
COUNTY OF DALLAS §
INTERLOCAL COOPERATION AGREEMENT
fl,11N SEG.
This Interlocal Cooperation Agreement ("Agreement") is by and between the City
of Denton, Texas ("Denton"), and the City of Mesquite, Texas ("Mesquite"), acting by and
through their authorized officers.
RECITALS:
WHEREAS, this Agreement is authorized by Chapter 791 of the Texas
Government Code and Subchapter F, Chapter 271, Texas Local Government Code; and
WHEREAS, Section 271.102 of the TEx. Loc. Gov'T CODE authorizes a local
government to participate in a Cooperative Purchasing Program with another local
government or a local cooperative organization; and
WHEREAS, a local government that purchases goods and services pursuant to a
Cooperative Purchasing Program with another local government satisfies the requirement of
the local government to seek competitive bids for the purchase of the goods and materials;
and
WHEREAS, each party has and will on an annual basis obtain competitive bids for
the purchase of goods and services; and
WHEREAS, the parties desire to enter into a cooperative purchasing program
which will allow each party to purchase under goods and services under each other's
competitively bid contracts pursuant to Subchapter F, Chapter 271 of the TEx. Loc. Gov'T
CODE;
NOW THEREFORE, in consideration of the mutual covenants and promises
contained herein, the parties agree as follows:
ARTICLE I
PURPOSE
The purpose of this Agreement is to establish a cooperative purchasing program
between the parties, which will allow each party to purchase goods and services under each
other's competitively bid contracts pursuant to Subchapter F, Chapter 271 of the TEx. Loc.
GOv'T CODE.
ARTICLE II
TERM
The term of this Agreement shall be for a period of one (1) year commencing on the
last date of execution hereof ("Effective Date"). Thereafter this Agreement shall
automatically renew for successive periods of one (1) year each under the terms and
conditions stated herein, unless sooner terminated as provided herein.
ARTICLE III
TERMINATION
Either party may terminate this Agreement by providing thirty (30) days prior
written notice to the other party.
ARTICLE IV
PURCHASING
The City Manager or designee for each of party is authorized to act on behalf of the
respective party in all matters relating to this cooperative purchasing program. Each party
shall make payments to the other party or directly to the vendor under the contract made
pursuant to Subchapter F, Chapter 271 of the TEX. Loc. Gov'T CODE. Each party shall be
responsible for the respective vendor's compliance with provisions relating to the quality of
items and terms of delivery.
ARTICLE V
MISCELLANEOUS
5.1 Relationship of Parties: This Agreement is not intended to create, nor should it be
construed as creating, a partnership, association, joint venture or trust.
5.2 Notice: Any notice required or permitted to be delivered hereunder shall be deemed
received when sent in the United States Mail, Postage Prepaid, Certified Mail, Return
Receipt Requested, or by hand-delivery or facsimile transmission addressed to the
respective party at the address set forth below the signature of the party.
5.3 Amendment: This Agreement may be amended by the mutual written agreement of
both parties hereto.
5.4 Severability: In the event any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect the other provisions,
and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision
had never been contained in this Agreement.
5.5 Governing Law: The validity of this Agreement and any of its terms and
provisions as well as the rights and duties of the parties, shall be governed by the laws of
the State of Texas; and venue for any action concerning this Agreement shall be in the State
District Court of Dallas County, Texas.
5.6 Entire Agreement: This Agreement represents the entire agreement among the
parties with respect to the subject matter covered by this Agreement. There is no other
collateral, oral or written agreement between the parties that in any manner relates to the
subject matter of this Agreement.
5.7 Recitals: The recitals to this Agreement are incorporated herein.
5.8 Counterparts: This Agreement may be executed in any number of counterparts, each
of whom shall be deemed an original and constitute one and the same instrument.
EXECUTED this ~a64day of 12010.
CITY ;OFD NTO S
By: c~
GE RG CAMPBELL, CITY MANAGER
ATTEST:
By: he4ldzyza 446~
CITY SECRETARY
215 E. McKinney
Denton, Texas 75201
APPROVED AS TO FORM:
CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
EXECUTED this kK- day of 12010.
CITY OBMESOUITE
By:
MONACO, MAYOR
1515 N. Galloway Avenue
P.O. Box 850137
Mesquite, TX 75149
ATTEST:
c
By: _ rh" I A'~ f~
CITY,
TY S RETARY