2006-155
ORDINANCE NO. 2tJ06-/IFt}
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT AN
INTERLOCAL AGREEMENT WITH THE CITY OF MCKINNEY, TEXAS TO
AUTHORIZE PARTICIPATION IN VARIOUS CITY OF DENTON CONTRACTS
FOR THE PURCHASE OF VARIOUS GOODS AND SERVICES; AUTHORIZING
THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE
DATE (FILE 3509- INTERLOCAL AGREEMENT WITH THE CITY OF MCKINNEY,
TEXAS).
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager .is hereby authorized to execute the InterIocal
Agreement and to exercise all rights and duties of the City of Denton under the
agreement, a copy of which is attached hereto and incorporated by reference herein.
SECTION 2. This ordinance shall become effective immediately upon its passage
and approval.
. !It- ~
PASSED AND APPROVED this the Ii!!}1 day of M..t.-'
~ rZYt1fU
PE~CNEILL, MA 'fOR
,2006.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPR ED A TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
4
BY:
2-0RD.lnterlocal Agreement Wi
INTERLOCAL COOPERATIVE PURCHASING AGREEMENT
BETWEEN CITY OF DENTON, TEXAS AND CITY OF MCKINNEY, TEXAS
STATE OF TEXAS
COUNTY OF DENTON
THIS AGREEMENT is made on the !J!:!t day of (lfJi1L
betwcen the City of Denton, and the City of McKinney; each referred to
participating governments.
,2006,
herein as
WHEREAS, the respective participating governments are authorized by the
Interlocal Cooperation Act, V.T.C.A. Government Code, Chapter 791, to enter into joint
contracts and agreements for the performance of governmental functions and services
including administrative functions normally associated with the operation of government
such as purchasing of necessary materials and supplies;
WHEREAS, it is the desire of the aforesaid participating governments to comply
with and further the policies and purpose of the Interlocal Cooperation Act;
WHEREAS, the participating governments 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 participating governments that
said governments do enter into a mutually satisfactory agreement for the purchase of
certain materials and supplies;
WHEREAS, the parties, in performing governmental functions or in paying for
the pcrformancc of governmental functions hereunder shall make that performance or
those payments from current revenues legally available to that party;
NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants
and conditions contained herein and pursuant to the authority permitted under the
lnterlocal Cooperation Act, promisc and agree as follows:
I.
Purpose
The purpose of this Agreement is to authorize participation of the City of
McKinney 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
City of McKinncy 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 City of McKinney, 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 the City of McKinney, its
agents, employees, volunteer help or any other person operating under this contract shall
be considered an agent or employee of the City of Denton and shall not be entitled to
participate in any pension plans or other benefits that the City of Denton provides its
employees.
The City of Denton shall notify all participating entities of available contracts to
include terms of contract, commodity cost, contact names and addresses. The City of
Denton shall keep participating governments informed of all changes to the Cooperative
Purchasing list of contracts.
Nothing in this agreement shall prevent any participating government from
accepting and awarding bids for commodities subject to this agreement individually and
in its own behalf.
Tom D. Shaw, C.P.M., Purchasing Agent is hereby designated as the official
representative to act for the City of Denton in all matters relating to this agreement.
IV.
Purchase of Goods and Services
All products and services shall be procured by the City of Denton in accordance
with procedures governing competitive bids and competitive proposals.
The participating government will be able to purchase from those contracts
established by the City of Denton where notice has been given in the specifications and
successful bidder has accepted terms for Cooperative Purchasing Agreements for local
governments.
The participating governments 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 participating government directly, or as
deemed advantageous to both participating governments.
The participating governments agree to pay successful bidders or anl1clpating
governments directly for all products or services received from current revenues available
for such purchase. Each participating government 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.
The City of Denton does not warrant and is not responsible for the quality or
delivery of products or services from successful bidder. The participating government
shall receive all warranties provided by successful bidder for the products or services
purchased.
In the event that any dispute arises between individual participating government
and a successful bidder, the same shall be handled by and between the participating
government 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 DENTON
(CONTRACTING ENTITY)
oward Marti
Interim City Manager
~fn._ ".0/t:/h~
By: Lawrence W. Robinson, ~;
by Regie Neff, Assistant City Manager
and authorized signatory
APPROVED AS TO FORM:
CITY ATTORNE
CITY OF D
BY: