2013-187ORDINANCE NO. 2013-187
CONSIDER ADOPTION OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE AN 1NTERLOCAL COOPERATIVE PURCHASING PROGRAM AGREEMENT
WITH THE CITY OF COLLEGE STATION, TEXAS UNDER SECTION 271.102 OF THE
LOCAL GOVERNMENT CODE, TO AUTHORIZE CITY OF DENTON CONTRACTS FOR
THE PURCHASE OF VARIOUS GOODS AND SERVICES; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE (FILE
5315-1NTERLOCAL AGREEMENT WITH THE CITY OF COLLEGE STATION).
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION l. The City Manager, or his designee, is hereby authorized to execute the
Interlocal Cooperative Purchasing Program Agreement with the City of College Station under
Section 271.102 of the Local Government Code, a copy of which is attached hereto and
incorporated by reference herein (ti�e "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 File 5315 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.
PASSED AND APPROVED this the (�/�
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: �`Y1 Yv� .� /` C ' /�
APP VED AS O LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
�
BY: � �
2-ORD-Fi ` 315
The State of Texas
County of Denton
INTERLOCAL COOPERATIONAGREEMENT
BETWEEN CITY OF DENTON, TEXAS AND CITY OF COLLEGE STATION, TEXAS
This Interlocal Cooperarion Agreement (the "Agreement") is made and entered iiito between The City of Denton, Texas, a
polirical subdivision of the State of Texas (hereinafter "City of Denton") and the City of College Station, a Texas home-rule
municipal corporarion, (hereinafter "City of College Station`�.
WHEREAS, both the Citp of Denton and City of College Station have d1e authoritp to enter into this Agreement pursuant
to the authority granted by the "Texas Inte�local Cooperation Act," Chapter 791 of the Texas Government Code providing
for the cooperation between local goveYnmental bodies, the parties hereto, in consideration of the premises and mutual
promises contained herein, agree as follows:
WHEREAS, the contract is made under the authority of Sections 791.001 — 791.029 of the Texas Government Code; and
WHEREAS, die Ciry of Denton and City of College Station represent that each are independently authorized to perform
the funcuons or services contemplated by this Agreement; and
WHEREAS, the parties, in performing governmental functions or in paping for the performance of governmental
functions hereunder shall make that performance oY those payments from cw�rent revenues legally available to that
party;
WHEREAS, the governing bodies of each party find that the subject of this cont�:act is necessaiy for the benefit
of the public and that each party has the legal authority to perform and to piovide the governinental function oY service
which is the subject matter of this contract; furthexmore, the governing bodies find that the performance of this
contract is in the common interest of both parties; and that the division of cost faixly compensates dle performing
party for the services under this contract; and
WHEREAS, it is mutually beneficial to both parties to execute this Agreement whereby each entity can achieve common
objectives relaring to the health, safety, and welfare of the citizens of Texas, and in the inte�est of creating efficiencies and
saving the City of Denton and the City of College Station taxpayei funding thr.ough cooperation in the purchasing of
commodities, equipment, services and auctions; and
NOW THEREFORE, in consideration of the mutual xepiesentations, terms and covenants hereafter set foYth, the parties
hereby agree as follows:
1. The City of College Starion hereby makes, constitutes and appoints tlze Citv of Denton its true and lawful purchasing
agent for the purchase of various commodities using Annual Contracts (Request for Proposals and Invitation for Bids).
The City of Denton will maintain a listing of Annual Contracts which are available for local entities use. The City of
Denton will forward a copy of requested Annual Contract to the requesting entity.
2, City of College Station agrees that the City of Denton shall serve as the purchasing agent for selected items, and agrees
that the solicitation shall be conducted by the Cit�� of Denton in accordance �uith Texas Local Government Code 252
and City of Denton policy.
3. The City of Denton Pw�chasing Agent and City of College Station Purchasing Agent shall be authorized to joindp
prepare bids, proposals, requests for qualifications and other procurement activity for the pw�chase of equipment,
supplies, services, insurance, high technology, professional services and other expenditures that may be exempt from
competitive bidding/proposals.
4. City of College Station agrees that all specifications for selected commodities, equipment, services or auctions shall be
deterinined by the City of Denton, and that the City of Denton shall collaborate widi other governmental entities to
ensure that the specifications can meet the overall defined needs.
5. City of College Station agrees to pay the contractor for all commodities, equipment, services or auctions pursuant to this
Agreement. The awarded contractor shall bill directly for all commodities, equipment, services or auctions purchased
and City of College Station shall be responsible for contxactor's compliance with all conditions of deliveiy and quality of
all commodities, equipment, services or auctions purchased, All payments shall be made in accordance with the
statutory provisions of Texas Government Code, Chapter 2251.
6. Participation of either entity in any cooperative purchasing activity is stricdy voluntary. Nothing in this Agreement shall
prevent either entity from purchasing and/or accepting and awarding bids, proposals and contracts subject to this
Agreement on its own behalf.
7. Each entity shall ensure that all applicable laws and ordinances have been satisfied.
8. Effective Date and Term. This AgYeement shall take effect when signed by the last party whose signing makes the
Agreement fully executed, and be in effect from the date of execution until terminated by either party to the AgYeement
upon written thirtp (30) days notice prior to cancellation.
9. Modification. The terms and conditions of this Agreement may be modified upon the mutual consent of all parties.
Mutual consent will be demonstrated approval of each governing body of eacl� party hereto. No modification to this
Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized
representatives of all paYties.
10. Termination. By the City of Denton or City of College Station. This Agreement may be terminated at any time by the
City of Denton or City of College Station, with or without cause, upon thirty (30) days written notice to the other
parties in accordance with Paragraph 12 herein.
11. Hold Harmless. The City of Denton and City of College Station agree to hold each other harmless, to the extent
permitted by the laws and constiturion of the State of Texas, from and against any and all claims, losses, damages,
causes of action, suits and liabilities of every kind, including all expenses of litigation, court costs and atto�ney's fees, for
injury oY death of any person, for damage to any property, oY for any breach of contract, arising out of or in connection
with the work done under this Agreement.
12. Invaliditv, If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable bj� a court or other
tribunal of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any
way be affected or impaired theieby. The parties shall use their best efforts to replace the respective provision or
provisions of this Agreement with legal terms and conditions approxirriating the original intent of the parties.
13. Written Notice. Unless othenvise specified, written notice shall be deemed to have been duly served if
delivered in person or sent by certified mail to the last business address as listed herein,
Ciiy of Denton:
Matei7als Management Division
City of Denton
901B Texas Street
Denton, Texas 762�9
City of College Station:
Purchasing Department
PO Box 9960
1101 Texas Avenue
College Station, Texas 77842
14. Entite Agreernent. It is understood that this Agreement contains the entire agreement between the parties and
supersedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject
matter. Nor oral understandings, statements, promises, or inducements contrary to the terms of this Agreement e�st.
This Agreement cannot be changed or terminated orally. No verbal agreement or conveisation with any officet, agent,
or employee of any party before or after the execution of this Agreement shall affect or modify any of the terms ox
obligations hereunder.
15. Arnendment. No Amendment to this Agreement shall be effective and binding unless and until it is reduced to writing
and signed by duly authorized representatives of both parties.
16. Texas Law. This Agreement has been made under and shall be governed by the laws of the State of Texas.
17. Place of Performance. Performance and all matters related thereto sha11 be in Denton County, Texas, United
States of America.
18. Autho�i to Enter Contract Each party has the full power and authority to enter into and perform this
Agreement and the person signing this Agreement on behalf of each party has been properly authorized and
empowered to enteY into this Agreement. The persons executing this Agreement hereby represent that they
have authorization to sign on behalf of their respective corporations.
19. Waiver. Failure of any party, at any time, to enfoYCe a provision of this Agreement, shall in no way constitute a
waiver of that provision, nor in anyway affect the validity of this Agieement, any part hereof, or the right of
either party theYeafter to enfoxce each and every provision hereo£ No tet�rn of this Agreement shall be deemed
waived or breach excused unless the waiver shall be in writing and signed by the part�� claimed to have waived.
Fuxthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of anp
other different or subsequent breach.
20. Ag�reement Read. The parties acknowledge that they have read, understand and intend to be bound by the
teYms and conditions of this Agreement.
21. Assignment. This Agreement and the rights and obligations contained herein may not be assigned by any
party without the prior written approval of the other parties to this Agreement.
22. Force Majeure. Except for the obligation for the payment of money, if either party fails to fulfill its obligations
hereunder when such fail.ure is due to an act of God, or od�er circumstance beyond its reasonable control, then said
failure shall be excused for the duration of such event and for such a time thereafter as is reasonable to enable the
parties to resume performance under this Agreement.
23. Multi�le Otiginals. It is understood and agreed that this Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their
authorized officers the day and year shown below.
F DENTON, TEXAS
C_
Mayor
DATE:
TTEST:
Je nifer W ers, City Secretary
APPROVE :
�---
George Campbell, City Manager
APPROVED AS TO LEGAL FORM:
r-
�A' a Butgess, City Atto y
z
CITY OF COLLEGE STATION, TEXAS
I: . � ���
. '
Mayor
DATE: � — I� °" �-3
ATT ST: �
City Secretary
APPROVED:
.
��� Q � � ���
�ity Manager
Exec 've � ector Business Seivices
APPROVED AS TO LEGAL FORM:
c.
City Attorney