2006-190
ORDINANCE NO. .2 oOb -I q ()
.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT AN INTERLOCAL
AGREEMENT WITH COLLIN COUNTY, TEXAS TO AUTHORIZE PARTICIPATION IN
V ARIOUS CITY OF DENTON CONTRACTS FOR THE PURCHASE OF VARIOUS GOODS
AND SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND
DECLARING AN EFFECTIVE DATE (FILE 3535-INTERLOCAL AGREEMENT WITH
COLLIN COUNTY, TEXAS).
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. The City Manager, or his designee is hereby authorized to execute the
Interlocal Cooperative Purchasing Program Agreement with Collin County 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. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the 10-f/t. day of Qu JAr
,2006.
. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
"YC}'r~' dfJiAD
APPROVED AS TO LEGALfORM:
EDWINM. SNYD CIT ATTORNEY
v
BY:
2-0RD-lnterlocal Agreement With o11in Counly
COURT ORDER NO, 2006- Lj Ip(p
-05-30
THE STATE OF TEXAS
COUNTY OF COLLIN
AGREEMENTS
INTERLOCAL COOPERATIVE PURCHASING
AGREEMENT WITH THE CITY OF DENTON
PURCHASING
On May 30, 2006, the Commissioners Court of Collin County, Texas, met in regular session
with the following members present and participating, to wit:
Ron Harris
Phyllis Cole
Jerry Hoagland
Joe Jaynes
Jack Hatchell
County Judge, Presiding
Commissioner, Precinct 1
Commissioner, Precinct 2
Commissioner, Precinct 3
Commissioner, Precinct 4
During such session the court considered a request for approval of the Interlocal Cooperative
Purchasing Agreement with the City of Denton (Agreement No. 05085-06).
Thereupon, a motion was made, seconded and carried with a majority vote of the court
authorizing the Interlocal Cooperative Purchasing Agreement with the City of Denton
(Agreement No. 05085-06) for various purchases of goods and services per VTCA
Government Code, Chapter 791. Same is hereby approved as per the attached
documentation.
ATTEST:
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Collin County, T E X A 5
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Denton 0530.doe
Agreement No. 05085-06
INTERLOCAL COOPERATIVE PURCHASING AGREEMENT
BETWEEN CITY OF DENTON, TEXAS AND COLLIN COUNTY, TEXAS
STATE OF TEXAS
COUNTY OF DENTON
THIS AGREEMENT is made on the /f2tfi day of
between the City of Denton, and Collin County; each referred to
governments.
,2006,
participating
WHEREAS, the respective participating governments are authorized by the
lnterlocal 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 lnterlocal Cooperation Act;
WHEREAS, the participating governments cannot normally obtain the best
possible purchase price tor 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 performance 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, promise and agree as follows:
I.
Purpose
The purpose of this Agreement is to authorize participation of Collin County in
various contracts for the purchase of various goods and services. Participation in this
cooperative program will be highly beneficial to the taxpayers of Collin County through
anticipated savings to be realized.
Agreement No. 05085-06
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 Collin County, 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 Collin County, 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 anticipating
governments directly for all products or services received from current revenues available
,
Agreement No. 05085-06
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
COLLIN COUNTY
B~?!l;;
Interim City Manager
z2~L< (-
Y:., RON HARRIS
COUNTY JUDGE