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2016-151ORDINANCE NO. 2016-151 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A COOPERATIVE PURCHASING PROGRAM AGREEMENT WITH THE CITY OF WATAUGA, 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 6141-COOPERATIVE PURCHASING PROGR.AM AGREEMENT WITH THE CITY OF WATAUGA). 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 Watauga, 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. 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 6141 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. Y . � � �.�.�.�.�...... w, 2016. PASSED AND APPROVED this the �� m„ da of �� r� m w: ,� �� . �s ��, �v� �� ... .....r ..............�_ �� . CHRIS WATTS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY I� �1��'��'�C� � 1�aI� A� TO LEGAL FORM� ANIT T��.��sESS, CITY ATTORNEY � . � ��. � � �� / �� . ��d d4".,.�„�,� � �&�+"".` � ��..µ BY� �",� �r „� "� �.... � �� . �w � ORIGINAL � COOPERATIVE PURCHASING AGR�EMENT BETWEEN THE CTTY OF WATAUGA, TEXAS AND THE CITY OF DENTON, TEXAS STATE OF TEXAS COUNTY OF DENTON � - � � THIS �.4��L��"T is made on t;�� d��r ��' � ._._....�...,�...� 2016, between the C�%;� s�� az�„ and the City of "'��t��a� �cw�s��y r��"�x� ��a��.�a �"�r�r�i�s,'° V�I-�REAS, the respective parties are authorized by Local Government Code, Chapter 271, to enter into cantracts and agreements for participation in cooperative purchasing programs; an.d WI�REAS, it is the desire of the aforesaid parties to comply with and further the policies and purpose of Loca1 Government Code, Chapter 271; and WHEREAS, the parties cannot normally obtain the best possible purchase price foz materials and supplies acting individually and without cooperation; and WHEREAS, it is deemed in the best interest of all partiies that said governments do enter into a mutually satisfactory agreement for the purchase of certain materials and supplies; and WHEREAS, the parties, in performing govemmental functions or in paying for the performance of govemmental functions hereua�der shall nnalce 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; aud 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 autY�ority pernutted under Local Govemment Code, Chaptex 2�1, promise and agree as follows: 1 I. Purpose The purpose of this Agreement is to authorize the parties' mutual participat�on in. variaus contracts for the purchase of various goods and services. Participation i.n this co��a�;�� program wyll be highly beneficial to the taxpayers of the participating parties through anticipated sa.vings to be realized. . II. Dnration of Agreement This Agreement shall be in effect from the date of execution until terminated by either party to the agreement. TII. Relat�ansbYp af Part�es It is agi°eed that the parties, in receiving products and/or services specified in this ��,°��a�ent, shall act as an indep��t��a� purchaser and shall have cantxol of its needs and the manner in which �xey are acquired. Neither of the parties are an ��t� 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 tlxe utilization and/or coop��G�^v� solicitation of any Supplier Agi�eement obtained in accordanae 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 inf`ormed of a11 changes to the Cooperative Purchasing list of contracts. Nothi.ng in, this a�eement shall prevent any participating party from accepting and ��r�.��g bids for commodities subject to tlus agreernent individually and in its own behalf. The City 1"��r; or his designee, is hexeby designated as the afficial repres��.�t�°�� to act for the City of Denton in a11 matters relating to this agreement. The City Manager, or his desi�ee, is hereby designated as the aff'icial represe��,.t�� to act for the City of Watauga in all matters relating to this agreement. herein. The parties agree to make payments directly to a vendor under this contract as provided 2 The parties -agree to be responsible for a vendor's compliance with provisions relating to the qualiiy 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 gtven in the specifications and successful bidder has accepted terms for Cooperative Purchasing Agreements for local governments. The parties hereto agree that the ordering of pzoducfis and services through this agreement shall be their individual responsibility and that the successful bidder or bidders sha11 bill each party directly, or as cleemed advantageous to both parties. The parties a�ree 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 foz products and services ordered by and received by it, and sha11 not by the execution of tlus agteement 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 sha11 receive a11 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 parry's governmental bady 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 WATAUGA CITY OF DENTON ��,. �, . ��,��,� ,�� ._... ��" �% .�,E By. ��m.. �,,�� '�µ'�`�°�,� �. , _ ... .._... . ., ��+�'� � ��-�--. .';��=�� M�, ..... � ti "� �w Hector F. Garcia � � ��r�� C. �"�rz�t�l��11 � Mayor � City Manager 3 ATTEST: BY: i� ��ti+�� 9 N � d �P D'�V�„�� ,�� p��,�� `�',�� ,��,"�`, Ma �`� �„,, '"� � � w '� �" � � �� °. �,��n mN �. � �.� �� . �,� ,� �� , � �� . ��"" ,� �_ a� � � �. Paxker, City ��"��,�. �-.�w��'"``�� ATTEST: B�: . �°�,�'�� _N��„�.... �.. , � �� "�� , ��i� ��a� AS TO FORM AS TO LEGAL FORM AND CONTENT: � G. i�.t'�,�I1�� ' CITY ATTORNEY CITY OF WATAUGA, TEXAS 4 ��, � , � "l A E� �M��i�� NM. �'�� .� CITY ATTORNEY � CITY OF DENTON, TEXAS