2011-094ORDINANCE NO. 2011-094
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
INTERLOCAL COOPERATIVE PURCHASING PROGRAM AGREEMENT WITH THE
NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY
(NATIONAL IPA) UNDER SECTION 271.102 OF THE LOCAL GOVERNMENT CODE, TO
AUTHORIZE PARTICIPATION IN VARIOUS NATIONAL IPA CONTRACTS FOR THE
PURCHASE OF VARIOUS GOODS AND SERVICES; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE (FILE
4730-INTERLOCAL AGREEMENT WITH THE NATIONAL INTERGOVERNMENTAL
PURCHASING ALLIANCE COMPANY).
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 National Intergovernmental
Purchasing Alliance Company 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 7- day of 2011.
QRK O-.BUR4R' HS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: A r, V. k
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
erlocal Agreement With National IPA
3r
NATIONALI PA
MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT
This Agreement is made between certain government agencies that execute a Principal
Procurement Agency Certificate ("Principal Procurement Agencies") to be appended and made a
part hereof and other public agencies ("Participating Public Agencies") that register electronically
with National Intergovernmental Purchasing Alliance Company ("National IPA") or otherwise
execute a Participating Public Agency Certificate to be appended and made a part hereof.
RECITALS
WHEREAS, after a competitive solicitation and selection process by Principal Procurement
Agencies, a number of Suppliers 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 Principal Procurement Agencies
through National IPA and provide that Participating Public Agencies may purchase Products on the
same terms, conditions and pricing as the Principal Procurement Agency, subject to any applicable
local purchasing ordinances and the laws of the State of purchase;
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.
That the cooperative use of solicitations obtained by a party to this agreement shall
be in accordance with the terms and conditions of the solicitation, except as
modification of those terms and conditions is otherwise allowed or required by
applicable law.
4. That the Principal Procurement Agencies will make available, upon reasonable
request and subject to convenience, information which may assist in improving the
procurement of products by the Participating Public Agencies.
5. That a procuring party will make timely payments to the Supplier 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 Supplier 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. This agreement shall remain in effect until termination by a party giving 30 days
written notice to the other party. The provisions of paragraphs 5, 6 and 7 hereof
shall survive any such termination.
9. This agreement shall take effect after execution of the Principal Procurement Agency
Certificate or Participating Public Agency Registration, as applicable.
Authorized Signature, Participating Public Agency NATIONAL INTERGOVERNMENTAL
PURCHASING ALLIANCE COMPANY
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Signature Signature
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Date Date
APPROVED AS TO FORM:
CITY ATTORNEY
CITY OF DENTON, TEXAS
BY° _