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2014-332ORDINANCE NO. 2014-33Z AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A COOPERATIVE PURCHASING PROGRAM AGREEMENT WITH THE CITY OF SHERMAN, 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 5661-COOPERATIVE PURCHASING PROGR.AM AGREEMENT WITH THE CITY OF SHERMAN). 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 Sherman, Texas under Section 271.102 of the Texas 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. SECTIONmm3. 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 5661 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 ��, w� ��"� r�� _� 2014. ��...� ��Vay of � �� ,�'�� m.. �.aa �� WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY � , �.��.... . � ..�� ... � � ;� BY: � � '�� .. �'„ � ...� .. _ ..� e_.��. � �� APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY �� °�� BY: �::.. ��"" � � �� ;�, M,„ COOPERATIVE PURCHASING AGREEMENT BETWEEN THE CITY OF SHERMAN, TEXAS AND CITY OF DENTON, TEXAS STATE OF TEXAS COUNTY OF DENTON . �� , � .... THIS AGREEMENT is made on the �� "„�' � day of ,�� „ � 2014 � M w«° _� . ...... .......... , between the City of Denton, and the City of Sherman; 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; 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: File 5661 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 Sherman in all matters relating to this agreement. The parties agree to make payments to 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 SHERMAN �� N 1 , ,.�y f"��,��`�,� .��m B ' �,c��'��&1 .� � .m� �'� .... y. " � . Wacker Mayor File 5661 CITY OF DENTON M'�� ,�� __�� ,� ✓'.� �_m��':,..�. � �_—. By: George C C"� �rd�bell Ci Manager �cF�� D� l� P�— � � � ATTEST: � a �" � •�� :,�^�-�� µ �,�� ....� By: Lmda Ashby � City Clerk APPROVED AS TO FORM AND CONTENT: � � �� i, �a�'��'t,, �,k ..,h ._.....:� .... ........_ :�.� .. _... By: Brandon S. Shelby City Attorney File 5661 ATTEST: � � A+'� "`r....��.�.� � �::�� By: Jennifer Walters, City Secretary APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY �w B3,: �� ,,,�� "'"�"„ �� „� + � Ia�T°I"I � 1V m 5909 , , �E I'�° S IaV� ��' �'FI�, C;ITY" �C)TJI��II� t�I+� �'�I� CI7"� ��' �FIE Al�p SECTI N 1. That the City Manager be and is hereby auiharized, subject to all contraci documents being properly campleted and approved as to form and content by the City Attorney, to execute a Caoperative Purchasing Agreement with the City of Denton to effect competitive bid pricing for crushed concrete rock far the Street Department, as set forth in accordance with the terms and provisions of the Cooperative Purchasing Agreement attaehed hereto and incorporated herein for all purposes. � - -� � . � i . � �- - -• . _ __ , � . � • r. -� ws- � - � � . • . � � � - , - - � . - , • �� -� .w _. , . _,� -� -� r . �. �. �.'''� 1+ . , ,, � ._�_ �, I�I I� M �+`y;W �.,:� `" .. �: ��,r�,. �m�---� �.:.W � �:� �.�� .....� LIN A AS Y, CITY ��N�T�� 1.. 1 � , ��:.. ' �,:. �� , � . � ', 1 / , .. . :�� r� �� 1 ' � � r •� � � o . .� � �� w�w�°��°�;' i' ��a d �� n� wl � �'�� '�� fll°'��"' ��o�� °�� '�° "�°�'�� al� � �� r � , � ��„ . '' ,°�,� I��NM� �I�� .._ _.._.� Resolution Na. 5909 So o Page