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2013-308ORDINANCE NO. 2013 -308 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN 1NTERLOCAL COOPERATIVE PURCHASING PROGRAM AGREEMENT WITH THE CITY OF DESOTO, 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 5368 - INTERLOCAL AGREEMENT WITH THE CITY OF DESOTO). 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 Desoto 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 File 5368 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 501 _ day of, Pj0 mm y, 2013 MARK A BURRC a l° ..�........m._......n......�... ,MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY .. Q �1P -� tico�ru0 STATE OF TEXAS § § INTERLOCAL COOPERATION AGREEMENT COUNTY OF DALLAS § This Inter -local Cooperation Agreement ( "Agreement ") is by and between the City of Desoto, Texas ( "DeSoto "), and the City of Denton, Texas ( "Denton "), 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, the parties desire to enter into a cooperative purchasing program 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; 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 October 16, 2013. 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. Inter Local Agreement for Cooperative Purchasing 72873 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 other designee for each 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 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. 5.6 Recitals: The recitals to this Agreement are incorporated herein. Inter Local Agreement for Cooperative Purchasing 72873 5.7 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. EXE (.)T <a D this &Pday of .. ... CITY OF DESOTO, TEXAS Iam ED ATTEST: By: 1'isha R. Morris, City Secretary APPROVF) D AS TO FORM Jose�J. Gorfida, Jr., City �Attorti .,. EXECUTED thistO day of , 2013. CITY OF DESOTO, TEXAS Seal Inter Local Agreement for Cooperative Purchasing 72873 WITNESS the signature of all parties hereto in triplicate originals this the .............. day of 2013, Denton County, Texas. ATTEST: JENNIFER WALTERS, CITY SECRETARY F APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY:��. CITY OF DENTON BY: w G 1 fRGE C CAMPBELL, u LL, CITY MANAGER