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