2014-113•:�I�' � � i
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
COOPERATIVE PURCHASING PROGRAM AGREEMENT WITH THE CITY OF
WEATHERFORD, 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 5528-COOPERATIVE
PURCHASING PROGRAM AGREEMENT WITH THE CITY OF WEATHERFORD).
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SEC"l'�ON 1. The City Manager or his designee is hereby authorized to execute the
Cooperative Purchasing Program Agreement with the City of Weatherford, Texas under Section
271.102 of the Texas Government Code, a copy of which is attached hereto and incorporated by
reference herein (the "Agreement99�
SEC'I°�ON 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 af 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 5528 to the City Manager af the City of Denton, Texas, or his designee.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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AS {['4�� LEGAL FORM:
�CJESS, CITY ATTORNEY
BY: �� . ��� �,���'�
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CKIZ�l � �l :7_�i Y� ' : �: /_�.y i►tllTei :ial �lui �1►Y'Y
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THIS AGREEMENT is made on the zznd day of _ April , 2014,
between the City of Denton, and Weatherford; jointly referred to herein 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; an�.
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 beneiicial 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 Part'res
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 Agreennent 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 Weatherford in all matters relating to this agreement.
The parties agree to make payments to the City of Denton or City of Weatherford, 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 pai�ties 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 producfis or
services from successful bidder. The participating parties sha11 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 C�� �IE�.THERFORD
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��y'� J �. Blaisdell, City Manager
Ap�rc� �as ��orm:
By• (�
Ed Zellers, CE ���rney
CITY OF ��1�]'�i'�I �J��--,,
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By. t��c�i ��: C. Campbell, City Manager
APPROVED AS TO LEGAL FORM:
By ��°����W.., �� �
��it�t Burgess, �i��� t�t��.���