2012-2691\codadldepartmentsllegallour documentslordinances1121nctcog interlocal agreement.doc
ORDINANCE NO. 2012-269
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER, OR HIS DESIGNEE, TO ENTER INTO AN INTERLOCAL AGREEMENT
WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS FOR THE
COOPERATIVE PURCHASING OF ACTUARIAL SHARED SERVICES ASSOCIATED
WITH OTHER POST-EMPLOYMENT BENEFITS AS DEFINED BY GOVERNMENTAL
ACCOUNTING STANDARDS BOARD (GASB) STATEMENT NUMBER 45; PROVIDING
A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton (the "City") and the North Central Texas Council of
Governments (the "NCTCOG") desire to enter into an Interlocal Cooperation Agreement for the
NCTCOG cooperative purchasing of actuarial shared services associated with other post-
employment benefits as defined by GASB Statement Number 45; and
WHEREAS, NCTCOG is well equipped to perform this service; and
WHEREAS, the City Council finds that the Interlocal Agreement is in the public interest;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this Ordinance
are incorporated herein by reference.
SECTION 2. The City Manager, or his designee, is hereby authorized to execute the
Interlocal Agreement of behalf of the City with NCTCOG. The City Manager, or his designee,
is hereby authorized to carry out the rights and duties of the City under the Interlocal Agreement
including the expenditure of funds provided for therein.
SECTION 3. This Ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the � day of , 2012.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY•
Page 1
MA A BU UGHS, AYOR
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
INTERLOCAL AGREEMENT
��R
COOPERATIVE PURCHASING
FOR
ACTUARIAL SHARED SERVICES
THIS INTERLOCAL AGREEMENT ("A�eement"), made and entered into pursuant to the Texas Interlocal
Cooperation Act, Chapter 791, Texas Government Code (the "Act"), by and between the North Central Texas
Council of Governments, hereinafter referred to as "NCTCOG," having its principal place of business at 616 Six
Flags Drive, Arlington, Texas 76011, and Citv of Denton ,a local govemment, created and operated to provide
one or more governmental functions and services, hereinafter referred to as "Participant," having its principal place
of business at 215 E McKinnev Street Denton Texas 76205
WITNESSETH
WHEREAS, NCTCOG is a regional planning commission and political subdivision of the State of Texas operating
under Chapter 391, Texas Local Goverrunent Code; and
WHEREAS, pursuant to the Act, NCTCOG is authorized to contract with eligible entities to perform governmental
functions and services, including the development of a standard approach for acquiring actuarial services; and .
WHEREAS, in reliance on such authority, . NCTCOG has a cooperative purchasing program under which it
contracts with eligible entiries under the Act; and
WHEREAS, NCTCOG extended the original a�eement with Gabriel, Roeder, Smith and Company to provide such
services to until September 30, 2014; and
WHEREAS, the Participant has represented that it is an eligible entity under the Act that by Adm.inistrative Action
has authorized this Agreement on October 16, 2012 _ , and that it desires to contract with
NCTCOG on the terms set forth below;
NOW, THEREFORE, NCTCOG and the PARTICIPANT do hereby a�ee as follows:
ARTICLE 1: LEGAL AUTHORITY
The Participant represents and warrants to NCTCOG that (1) it is eligible to contract with NCTCOG under the Act
because it's a local government, as defined in the Act, and (2) it possesses adequate legal authority to enter into this
A�-eement. �
ARTICLE 2: APPLICABLE LAWS
NCTCOG and the Participant a�ee to conduct all activities under this A�eement in accordance with all applicable
rules, regulations, and ordinances and laws in effect or promulgated during the term of this A�eement.
ARTICLE 3: WHOLE AGREEMENT
This Agreement and any attachments, as provided herein, constitute the complete contract between the parties
hereto, and supersede any and all oral and written agreements between the parties relating to matters herein.
ARTICLE 4: BILLINGS
Billings will be generated for the Actuarial Shared Services through Gabriel Roeder Smith & Company based upon
Admuustrative Fee of $125 per valuation cycle (effective October 1, 2012). Each party paying for the performance
of said functions of government shall make those payments from current revenues available to the paying party.
ARTICLE 5: CHANGES AND AMENDMENTS
This Agreement may be amended only by a written amendment executed by both parties, except that any alterations,
additions, or deletions to the terms of this Agreement which are required by changes in Federal and State law or
regulations are automatically incorporated into this A�eement without written amendment hereto, and shall become
effective on the date desi�ated by such law or regulation.
NCTCOG reserves the right to make changes in the scope of services offered through the Cooperative Purchasing
Program to be performed hereunder.
THIS INSTRUMENT HAS BEEN EXECUTED IN TWO ORIGINALS BY THE PARTIES HERETO AS
FOLLOWS:
*Denotes required fields
NOTE: Facsimile copies of this document shall not be acceptable as ORIGINALS. Interstate vl rev. 10/05
*City of Denton North Central Texas Council of Governments
Name of Participant (loca! government, agency, or non prof:t 616 Six Flags Drive, Arlington, Texa� 76011
corporation)
*215 E. McKinney Street
Mailing Address
*Denton Texas 76205
City State ZIP Code
*By. C.l—
Signature of Authorized Official
*George C. Campbell
Typed Name of Authorized Official
*City Manager November 1, 2012
Typed Tide of Authorized Official Date
*By:
Signature of Authorized Officia(
*Monte Mercer
Typed Name of Authorized Official
*Deputy Executive Director
Typed Title of Authorized Official Date