2014-008ORDINANCE NO. 2014 -008
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
COOPERATIVE PURCHASING PROGRAM AGREEMENT WITH THE CITY OF CEDAR
HILL, TEXAS, UNDER SECTION 271.102 OF THE LOCAL GOVERNMENT CODE, TO
AUTHORIZE MUTUAL PARTICIPATION IN VARIOUS CITY OF CEDAR HILL AND
CITY OF DENTON CONTRACTS FOR THE PURCHASE OF VARIOUS GOODS AND
SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND
DECLARING AN EFFECTIVE DATE (FILE 5430- COOPERATIVE PURCHASING
AGREEMENT WITH CITY OF CEDAR HILL).
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1. The City Manager, or his designee, is hereby authorized to execute the
Cooperative Purchasing Program Agreement with the City of Cedar Hill 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 5430 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 m day of 2014.
MARKS l (,)R1ZQ1 -''JGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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IUD . V`" TO LEGAL FORM:
APPR
ANITA BURGESS, CITY ATTORNEY
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COOPERATIVE PURCHASING AGREEMENT
BETWEEN THE CITY OF CEDAR HILL, TEXAS AND CITY OF DENTON, TEXAS
STATE OF TEXAS
COUNTY OF DENTON
THIS AGREEMENT is made on the 1- day of es." � 2014,
between the City of Denton, and Cedar Hill, jointly referred to her ein as "parties."
WHEREAS, the respective parties are authorized by Local Government Code, Chapter
271, to enter into contracts and agreements for participation in cooperative purchasing programs;
and
WHEREAS, it is the desire of the aforesaid parties to comply with and further the
policies and purpose of Local Government Code, Chapter 271; and
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; and
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; and
WHEREAS, the parties agree to designate a person to act under the direction of and on
behalf of the parties in all matters relating to this agreement; and
WHEREAS, the parties agree to be responsible for a vendor's compliance with
provisions relating to the quality of items and terms of delivery to the extent provided herein;
NOW, THEREFORE, the parties hereto, inconsideration of the mutual covenants and
conditions contained herein and pursuant to the authority permitted under Local Government
Code, Chapter 271, 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, contract 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.
The City Manager, or his designee, is hereby designated as the official representative to
act for the City of Denton in all matters relating to this agreement.
The City Manager, or his designee, is hereby designated as the official representative to
act for the City of Cedar Hill in all matters relating to this agreement.
The parties agree to make payments to the City of Denton or City of Cedar Hill, or
directly to a vendor under this contract as provided herein.
The parties agree to be responsible for a vendor's compliance with provisions relating to
the quality of items and terms of delivery to the extent provided herein.
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 CITY OF DINT
.. y " " George C. Campbell, City Manager
APPROVED AS TO LEGAL FORM:
By* —� M�—
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1 i'lita Burgess, City Att ney