2014-420ORDINANCE NO. 2014-420
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
INTERLOCAL COOPERATIVE PURCHASING PROGRAM AGREEMENT WITH THE
TEXAS POLITICAL SUBDIVISIONS JOINT SELF-INSUR.ANCE FUND UNDER SECTION
271.102 OF THE LOCAL GOVERNMENT CODE, TO AUTHORIZE MUTUAL
PARTICIPATION IN VARIOUS TEXAS POLITICAL SUBDIVISIONS JO1NT SELF-
INSURANCE FUND 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 5703-COOPERATIVE
PURCHASING AGREEMENT WITH TEXAS POLITICAL SUBDIVISIONS JO1NT SELF-
INSURANCE FUND).
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 Texas Political Subdivisions Joint Self-
Insurance Fund 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 5703 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
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approval.
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
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COOPERATIVE PURCHASING AGREEMENT
BETWEEN THE TEXAS POLITICAL SUBDIVISIONS AND CITY OF DENTON,
TEXAS
STATE OF TEXAS
COUNTY OF DENTON
THIS AGREEMENT is made on the ,�/Z� day of ���'�� �%� , 2014, between the
City of Denton, and the Texas Political Subdivisions; 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:
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.
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This Agreement shall be in effect from the date af execution until terminated by either party to
the agreement.
III.
elationship 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 jaint enterprise of the other, and each party is
respansible for its own actions, farbearance, negligence and deeds, and for those of its agents or
employees, in conjunction with the utilization and/or caoperative solicitation of any Supplier Agreement
obtained in accordance with Texas law.
Parties shall notify all part►cipating entities of available contracts to include terms af contract,
commadity cost, contract names and addresses, and shall keep participating parties informed of all
changes to the Coaperative Purchasing list af cantracts.
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 Texas Political Sabdivisions in all matters relating ta 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 far a vendar's compliance with provisions relating ta the
quality af 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 gaverning competitive
bids and competitive praposals.
The parties will be able ta purchase from thase cantracts established by the other where natice
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 ardering 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.
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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.
TEXAS POLITICAL SUBDIVISIONS
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ATTEST:
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APPROVED AS TO FORM
AND CONTENT:
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Title:
CITY OF DENTON
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BY: ��1:�,(:�RGE C. CAMPBELL
CITY MANAGER
APPROVED AS TO FORM:
CITY ATTO�?�FY
C17Y OF DENT0�1, f'EXAS
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