2012-089ORDINANCE NO. 2�12-�g9
AN QRDINANCE AUTHpRIZ1NG THE CITY MANAGER TO EXECUTE AN
INTERLOCAL COOPER.ATIVE PURCHASING PROGRAM AGREEMENT WITH THE
CITY OF GRAPEVINE, TEXAS UNDER SECTION 271.102 OF THE LOCAL
GOVERNMENT CODE, TO AUTHORIZE PARTICIPATION 1N VARIOUS CITY OF
GRAPEVINE CONTRACTS FOR THE PURCHASE OF VARIOUS GOODS AND
SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND
DECLARING AN EFFECTIVE DATE (FILE 4949-1NTERLOCAL AGREEMENT WITH
CITY OF GRAPEVINE).
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 Grapevine 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. The City Council of the City of Denton, Texas hereby expressly delegates
the authority to take any actions that may be required or permitted to be performed by the City of
Denton under the File 4949 to the City Manager of the City of Denton, Texas, or his designee.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
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PASSED AND APPROVED this the �� day of L , 2012
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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BY:
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Grapevine Interlocal Agreementl3-AGR-File 4949.doc
INTERLOCAL COOPERATIVE PURCHASING AGREEMENT BETWEEN THE
CITY OF GRAPEVINE, TEXAS AND CITY OF DENTON, TEXAS
STATE OF TEXAS
COUNTY OF DENTON
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THIS AGREEMENT is made on the _� day of , 2012,
between the City of Denton, and the City of Grapevine; jointly efe •ed to herein as
"parties".
WHEREAS, the respective parties 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 parties to comply with and further the
policies and purpose of the Interlocal Cooperation Act;
WHEREAS, the parties 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 parties that said governments
do enter into a mutually satisfactory agreement for the purchase of certain materials and
supplies;
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 Agreement is to authorize the parties mutual participation in
various contracts for the purchase of various goods and services. Participation in this
cooperative program will be highly beneficial to the taxpayers of the participating parties
through anticipated savings to be realized.
II.
Duration of Agreement
This Agreement shall be in effect from the date of execution until terminated by
either party to the agreement.
III.
Relationship of Parties
It is agreed that the parties, 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 party is an agent, employee or joint
enterprise of the other, and each party is responsible for its own actions, forbearance,
negligence and deeds, and for those of its agents or employees, in conjunction with the
utilization and/or cooperative solicitation of any Supplier Agreement obtained in
accordance with Texas law.
Parties shall notify all participating entities of available contracts to include terms
of contract, commodity cost, contact names and addresses, and shall keep participating
parties informed of all changes to the Cooperative Purchasing list of contracts.
Nothing in this agreement shall prevent any participating party from accepting
and awarding bids for commodities subject to this agreement individually and in its own
behalf.
Purchasing Agent is hereby designated as the official representative to act for the
City of Denton in all matters relating to this agreement.
Purchasing Agent is hereby designated as the official representative to act for City
of Grapevine in all matters relating to this agreement.
IV.
Purchase of Goods and Services
All products and services shall be procured in accordance with procedures
governing competitive bids and competitive proposals.
The parties will be able to purchase from those contracts established by the other
where notice has been given in the specifications and successful bidder has accepted
terms for Cooperative Purchasing Agreements for local governments.
The parties 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 party directly, or as deemed advantageous to both parties.
The parties agree to pay successful bidders or anticipating governments directly
for all products or services received from current revenues available for such purchase.
Each party 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.
Parties do not warrant and are not responsible for the quality or delivery of
products or services from successful bidder. The participating parties shall receive all
warranties provided by successful bidder for the products or services purchased.
In the event that any dispute arises between individual parties and a successful
bidder, the same shall be handled by and between the participating party's governmental
body and the bidder.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed by their authorized officers thereon the day and the year first above written.
CITY OF GRAPEVINE
By: Bruno Rumbelow
City Manager
CITY OF DENTON
By: George Campbell
City Manager
APPROVED AS �'0 FORM:
CITY ATTORNEY
CITY OF DENTON, TEXAS
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