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19-836ORDINANCE NO. 19-836 AN ORDINANCE OF THE CITY OF DENTON, A TEXAS HOME -RULE MUNICIPAL CORPORATION, AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN INTERLOCAL COOPERATIVE PURCHASING AGREEMENT WITH THE CITY OF GRAND PRAIRIE, TEXAS, UNDER THE TEXAS GOVERNMENT CODE, CHAPTER 791, AND TEXAS LOCAL GOVERNMENT CODE, CHAPTER 271, 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 7066 - INTERLOCAL COOPERATIVE PURCHASING AGREEMENT WITH THE CITY OF GRAND PRAIRIE). THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager or his designee is hereby authorized to execute the Interlocal Cooperative Purchasing Agreement with the City of Grand Prairie under Chapter 791 of the Texas Government Code, and Texas Local Government Code, Chapter 271, 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. 3. The City Council of the City of Denton, hereby expressly delegates the ECTION _.� authority to take any actions that may be required or permitted to be performed by the City of Denton under this ordinance to the City Manager of the City of Denton, or his designee. SECTION 4. This ordinance shall become effective immediately upon its passage and 9l .._...... 1, � � °'` approval l l -, ffie,ordiint,tice was issed and a��r�rved�l�cl. • d�ti i Krovc, Nl�:s ��clar�.�� was, mai seconded by � r�'��.��. ����.�'.��.��..�._��'� � �. 1l" y llie lbllmvi ig vote '.. - 1: Mayor Chris Watts: Gerard Hudspeth, District 1: Keely G. Briggs, District 2: Don Duff, District 3: John Ryan, District 4: Deb Armintor, At Large Place 5: Paul Meltzer, At Large Place 6: Aye Nay u.� IV Abstain Absent PASSED AND APPROVED this the �; '� day of "„� �� , 2019. — — rre`l;[IIS Wl l", MAYOR ATTEST: ROSA RIOS, CITY SECRETARY BY: �� �° " APPROVED AS TO LEGAL FORM: AARON LEAL, :`I"l'�' ATTORNEY BY: ..... ...... �a.......... DocuSign Envelope ID: 81 ED3548-0724-4F4B-A96A-0439B9B04CE0 Docusign City Council Transmittal Coversheet FILE 7066 File Name Interlocal Grand Prairie Purchasing Contact Lori Newell City Council Target Date April 23, 2019 Piggy Back Option Not Applicable Contract Expiration NSA Ordinance 19-836 DS D DocuSign Envelope ID: 81 ED3548-0724-4F4B-A96A-0439B9B04CE0 1� Contract Coversheet -T E Xx A S - De pt: * Purchasing For: City -Wide Contact Angi Mize Contact Name: Phone: Vendor Denton, City of Name: Contract 14085 ID: Bid NA Number: 8262 Contact amize@gptx.org Email: * Vendor lori.hewell@cityofdenton.com Email: Project Name: Master Interlocal City of Denton Summary: master interlocal agreement with the City of Denton. They asked that we sign first. Permanent Retention* (- Yes 0 No Contract Amount Account# Work Order # $ 0.00 Dates Implementation Date Termination Date Council Approval Date 4/3/2019 3/30/2099 4/2/2019 Contract Approvals Department Manager: c'�I- --0/mw ('W"te—w Date 4/4/2019 City Attorney Signature 1441�� Date 4/4/2019 ?AkAo- City Manager Signature '011wee? 01// Date 4/5/2019 City Secretary Signature Date 4/5/2019 DocuSign Envelope ID: 81 ED3548-0724-4F4B-A96A-0439B9B04CE0 DocuSign Envelope ID: 81 ED3548-0724-4F4B-A96A-0439B9B04CE0 MASTER INTERLOCAL COOPERATIVE PURCHASING AGREEMENT BETWEEN THE CITY OF GRAND PRAIRIE AND CITY OF DENTON WHEREAS, Chapter 791 of the Texas Government Code, also known as the Interlocal Cooperation Act, and Chapter 271.102 of the Texas Local Government Code authorize all local governments to contract with each other to perform governmental functions or services including administrative functions normally associated with the operation of government such as purchasing of necessary equipment, supplies and services; WHEREAS, The City of Grand Prairie (the "City") and CITY OF DENTON ("Entity") desire to enter into this Agreement for the purpose of fulfilling and implementing their respective public and governmental purposes, needs, objectives, programs and services; WHEREAS, The City and Entity represent that each are independently authorized to perform the functions or services contemplated by this Agreement; WHEREAS, it is deemed in the best interest of all participating governments that said governments do enter into a mutually satisfactory agreement for the purchase of necessary equipment, supplies, and services; WHEREAS, the participating governments are of the opinion that cooperation in the purchasing of equipment, supplies, services and auctions will be beneficial to the taxpayers of the governments through the efficiencies and potential savings to be realized; and WHEREAS, each party has sufficient resources to perform the functions contemplated by this Agreement; NOW THEREFORE, the parties hereto, in consideration of the mutual covenants and conditions contained herein, promise and agree as to each of the other as follows: 1. The City and Entity are authorized to participate in each other's current and/or future contracts for goods and services. Said contracts shall have been established in accordance with all appropriate procedures governing competitive bids and competitive proposals, if required. 2. The City and Entity agree that the ordering of goods and services is the responsibility of the local government seeking to obtain such goods and services under the established contract, and that participating government shall deal directly with the vendor in obtaining the goods and services and payment therefore. The participating government shall be liable to the vendor only for goods and services ordered and received by it, and shall not, by the execution of this Agreement, assume any additional liability. Neither the City nor Entity warrants, or is responsible for, the quality or delivery of goods or services from the vendor under contract. Should a dispute arise between a participating government and a vendor, the same shall be handled by and between that participating government and the vendor. Cooperative Purchasing Agreement — City of Denton and the City of Grand Prairie - 1 - DocuSign Envelope ID: 81 ED3548-0724-4F4B-A96A-0439B9B04CE0 3. Each government shall pay invoices directly to the providers of goods and services that are invoiced and delivered directly to each respective government. 4. Participation of either government in any cooperative purchasing activity is strictly voluntary. Nothing in this Agreement shall prevent either governments from purchasing and/or accepting and awarding bids, proposals and contracts subject to this Agreement on its own behalf. 5. Each government shall ensure that all applicable laws and ordinances have been satisfied. 6. Effective Date and Term. This Agreement shall be effective when the last party signing causes the Agreement to be fully executed and will remain in full force and effect indefinitely. Any party may modify and/or terminate this Agreement in accordance with Paragraphs 7 and 8, respectively. 7. Modification. The terms and conditions of this Agreement may be modified upon the mutual consent of all parties. Mutual consent will be demonstrated by approval of the governing body of each party hereto. No modification to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of all parties. 8. Termination. This Agreement may be terminated at any time by the City or Entity, with or without cause, upon thirty (30) days written notice to the other party in accordance with Paragraph 11 herein. 9. Hold Harmless. To the extent allowed by law, the City and Entity agree to hold each other harmless from and against any and all claims, losses, damages, causes of action, suits and liabilities of every kind, including all expenses of litigation, court costs and attorney's fees, for injury or death of any person, for damage to any property, or for any breach of contract, arising out of or in connection with the work done under this Agreement. 10. Invalidity. If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable by a court or other tribunal of competent jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. The parties shall use their best efforts to replace the respective provision or provisions of this Agreement with legal terms and conditions approximating the original intent of the parties. 11. Written Notice. Unless otherwise specified, written notice shall be deemed to have been duly served if delivered in person, sent by email, by fax with successful send confirmation, or by certified mail to the last business address as listed herein. Cooperative Purchasing Agreement — City of Denton and the City of Grand Prairie - 2 - DocuSign Envelope ID: 81 ED3548-0724-4F4B-A96A-0439B9B04CE0 City of Grand Prairie: Purchasing Division Attn: Purchasing Manager City of Grand Prairie 326 W. Main St. Grand Prairie, TX 75050 Phone: (972) 237-8269 Fax: (972) 237-8265 purchasin faxggptx.org City of Denton: Materials Management Division Attn: Lori Hewell, Manager City of Denton 901 B Texas Street Denton, TX 76209 Phone: 940-349-7100 Fax: 940-293-1837 Lori. Newell@cityofdenton. com 12. Entire Agreement. It is understood that this Agreement contains the entire agreement between the parties and supercedes any and all prior agreements, arrangements, or understandings between the parties relating to the subject matter. No oral understandings, statements, promises, or inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed or terminated orally. No verbal agreement or conversation with any officer, agent, or employee of any party before or after the execution of this Agreement shall affect or modify any of the terms or obligations hereunder. 13. Amendment. No Amendment to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of both parties. 14. Texas Law. This Agreement has been made under and shall be governed by the laws of the State of Texas. 15. Place of Performance. Performance and all matters related thereto shall be in the County of the government originating the bid. This shall be Denton County, Texas, United States of America for City of Denton and shall be Dallas County, Texas, United States of America for the City. 16. Authority to Enter Contract. Each party has the full power and authority to enter into and perform this Agreement and the person signing this Agreement on behalf of each party has been properly authorized and empowered to enter into this Agreement. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective Government. Cooperative Purchasing Agreement — City of Denton and the City of Grand Prairie - 3 - DocuSign Envelope ID: 81 ED3548-0724-4F4B-A96A-0439B9B04CE0 17. Waiver. Failure of any party, at any time, to enforce a provision of this Agreement, shall in no way constitute a waiver of that provision, nor in anyway affect the validity of this Agreement, any part hereof, or the right of either party thereafter to enforce each and every provision hereof. No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be in writing and signed by the party claimed to have waived. Furthermore, any consent to or waiver of a breach will not constitute consent to or waiver of or excuse of any other different or subsequent breach. 18. Agreement Read. The parties acknowledge that they understand and intend to be bound by the terms and conditions of this Agreement. 19. Multiple Originals. It is understood and agreed that this Agreement may be executed in multiple counterparts, each of which shall be deemed an original for all purposes. CITY OF RA PRAIRIE BY: Anna Doll, Deputy City Manager CITY OF DENTON DocuSigned by: BY: -B=rS�'N�1�9B454... DATE: 4/5/201 9 Todd Hi 1 eman city Manager "BY" Printed Name and Title DocuSigned by: 1 ATTEST: z&�� (; �� ATTEST: FP-Jz�-W 1� at y DiMaggio, City Secretary DATE: 4/5/2019 ROSA RIOS, CITY SECRETARY "ATTEST" Printed Name and Title APPROVED AS TO FORM: A--Gk—'� ATTEST: Megan Maha , ity Attorney cuSigned by: E�-,O�, P- AW..AakG8BF0204E5... AARON LEAL,CITY ATTORNEY Cooperative Purchasing Agreement — City of Denton and the City of Grand Prairie - 4 - Certificate Of Completion Envelope Id: 81 ED354807244F4BA96A0439B9B04CE0 Subject: Please DocuSign: City Council Contract 7066 Interlocal with Grand Prairie Source Envelope: Document Pages: 7 Signatures: 3 Certificate Pages: 6 Initials: 1 AutoNav: Enabled Envelopeld Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) Record Tracking Status: Original 4/9/2019 7:56:22 AM Signer Events Lori Hewell lori.hewell@cityofdenton.com Purchasing Manager City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Lori Hewell lori.hewell@cityofdenton.com Purchasing Manager City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Mack Reinwand mack.reinwand@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Tabitha Millsop tabitha.millsop@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Holder: Lori Hewell lori.hewell@cityofdenton.com Signature Completed Using IPAddress: 129.120.6.150 E"s Signature Adoption: Pre -selected Style Using IPAddress: 129.120.6.150 [Docuftned by: 7F9D328BF0204E5... Signature Adoption: Pre -selected Style Using IPAddress: 129.120.6.150 EMT, 'P - 11 Using IPAddress: 129.120.6.150 Status: Completed Envelope Originator: Lori Hewell 901 B Texas Street Denton, TX 76209 lori.hewell@cityofdenton.com IP Address: 129.120.6.150 Location: DocuSign Timestamp Sent: 4/9/2019 7:59:43 AM Viewed: 4/9/2019 7:59:52 AM Signed: 4/9/2019 8:00:29 AM Sent: 4/9/2019 8:00:31 AM Viewed: 4/9/2019 8:02:56 AM Signed: 4/9/2019 8:03:16 AM Sent: 4/9/2019 8:03:17 AM Viewed: 4/11/2019 5:12:51 PM Signed: 4/11/2019 5:13:30 PM Sent: 4/11/2019 5:13:32 PM Viewed: 4/29/2019 10:39:23 AM Signed: 4/29/2019 10:41:36 AM Signer Events Todd Hileman Todd.Hileman@cityofdenton.com City Manager City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 7/25/2017 11:02:14 AM ID:57619fbf-2aec-4b1f-805d-6bd7d9966f21 Rosa Rios rosa.rios@cityofdenton.com Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 4/29/2019 11:13:50 AM ID:843e5768-9029-4fb3-a00b-1422f602bd18 In Person Signer Events Editor Delivery Events Agent Delivery Events Intermediary Delivery Events Certified Delivery Events Carbon Copy Events Tabitha Millsop tabitha.millsop@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Sherri Thurman sherri.thurman@cityofdenton.com City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jane Richardson jane.richardson@cityofdenton.com Assistant City Secretary City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Signature [DocuSigned by: 8776C711BAOD454... Signature Adoption: Pre -selected Style Using IPAddress: 129.120.6.150 ER110-Sig-d by: 1C5CASCK175493... Signature Adoption: Pre -selected Style Using IPAddress: 129.120.6.150 Signature Status Status Status Status Status OPIED 4 ■ OP Timestamp Sent: 4/29/2019 10:41:40 AM Viewed: 4/29/2019 10:44:57 AM Signed: 4/29/2019 10:45:02 AM Sent: 4/29/2019 10:45:05 AM Viewed: 4/29/2019 11:13:50 AM Signed: 4/29/2019 11:15:22 AM Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Sent: 4/9/2019 8:00:31 AM Sent: 4/9/2019 8:00:31 AM Sent: 4/29/2019 10:41:39 AM Viewed: 4/30/2019 12:05:26 PM Carbon Copy Events Status Jane Richardson jane.richardson@cityofdenton.com COPIED Assistant City Secretary City of Denton Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Notary Events Signature Envelope Summary Events Status Envelope Sent Hashed/Encrypted Certified Delivered Security Checked Signing Complete Security Checked Completed Security Checked Payment Events Status Electronic Record and Signature Disclosure Timestamp Sent: 4/29/2019 11:15:24 AM Viewed: 4/30/2019 12:00:33 PM Timestamp Timestamps 4/29/2019 11:15:24 AM 4/29/2019 11:15:24 AM 4/29/2019 11:15:24 AM 4/29/2019 11:15:24 AM Timestamps Electronic Record and Signature Disclosure created on: 7/21/2017 3:59:03 PM Parties agreed to: Todd Hileman, Rosa Rios ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, City of Denton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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