2006-240
ORDINANCE NO. 0{ tJtJ6- cl. 4/J
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT AN INTERLOCAL
AGREEMENT WITH THE CITY OF FORT WORTH, TEXAS TO AUTHORIZE
PARTICIPATION IN VARIOUS CITY OF FORT WORTH CONTRACTS FOR THE
PURCHASE OF VARIOUS GOODS AND SERVICES; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFORE; AND DECLARING AN EFFECTIVE DATE
(FILE 3589- INTERLOCAL AGREEMENT WITH THE CITY OF FORT WORTH, 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 the City of Fort Worth 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
if; ~ ~
!.J. J day of. 0
,2006.
~~~
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
EDWIN M. SNY ER, CITY ATTORNEY
BY:
2-0RD-Interlocal Agreement With Fort Worth
Fort Worth & Denton
Cooperative Purchasing Interiocal Agreement
CITY SECRETARY
CONTRACT NO.
COOPERATIVE PURCHASING INTERLOCAL AGREEMENT
This Cooperative Purchasing Interlocal Agreement ("Agreement") is made and entered
into as of the date written below between the City of Denton, Texas ("Denton") and the
City of Fort Worth, Texas ("Fort Worth").
WHEREAS, both Denton and Fort Worth have each determined a need for a cooperative
agreement to purchase like goods and services to avoid duplicate procurement efforts and
obtain the benefits of volume purchasing; and
WHEREAS, Denton and the Fort Worth are authorized by Section 271.102 of the Local
Government Code to pursue mutually beneficial and cooperative purchasing programs;
NOW, THEREFORE, for and in consideration of the mutual obligations and benefits
contained herein, Denton and City of Fort Worth agree as follows:
SECTION 1. The purpose of this Agreement is to provide Denton and Fort Worth with
additional purchasing options by satisfying the provisions of Section 271.102 of the
Local Government Code.
SECTION 2. The parties agree that each of the parties shall respectively designate a
person to act under the direction of, and on behalf of, the designating party (the
"Designated Representative").
SECTION 3. At the request of the other party, a party that enters into a contract with a
vendor for goods or services (the "First Purchasing Party") shall attempt to obtain the
vendor's agreement to offer those goods and services to the other party (the "Second
Purchasing Party") for the same price and on the same terms and conditions as have been
offered to the First Purchasing Party. If the vendor so agrees, and if the Second
Purchasing Party is agreeable to such terms and conditions, the Second Purchasing Party
may enter into its own separate contract with the vendor for the purchase of such goods
or services.
SECTION 4. Unless otherwise agreed between the Designated Representatives,
payments for a purchase made by the Second Purchasing Party shall be paid directly to
the vendor and not to the First Purchasing Party. The Second Purchasing Party shall have
the responsibility of determining whether the vendor has complied with any provisions in
its contract with the vendor, including but not limited to those relating to the quality of
items and terms of delivery, and shall be responsible for enforcement of its contract
against the vendor, including all cost of enforcement.
Page I of3
08-04-06 P12:09 IN
Fort Worth & Denton
Cooperative Purchasing Interlocal Agreement
SECTION 5. This Agreement will be subject to all applicable federal, state and local
laws, ordinances, rules and regulations.
SECTION 6. This Agreement shall remain in effect from the date of execution until
terminated by either party. This Agreement may be terminated, without cause or penalty,
upon not less than thirty days written notice to the other party.
SECTION 7. The parties acknowledge that each party and, if it so chooses, its counsel
have reviewed and revised this Agreement and that the normal rule of construction to the
effect that any ambiguities are to be resolved against the drafting party must not be
employed in the interpretation of this Agreement or any amendments or exhibits hereto.
SECTION 8. If any action, whether real or asserted, at law or in equity, arises on the
basis of any provision of this Agreement, venue for such action shall lie in state courts
located in Tarrant County, Texas or the United States District Court for the Northern
District of Texas - Fort Worth Division. This Agreement shall be construed in
accordance with the laws of the State of Texas.
SECTION 9. If any term or provision of this Agreement is held to be illegal, invalid or
unenforceable, the legality, validity or enforceability of the remaining terms or provisions
of this Agreement shall not be affected thereby, and in lieu of each such illegal, invalid or
unenforceable term or provision, the parties shall endeavor to agree to a legal, valid or
enforceable term or provision as similar as possible to the term or provision declared
illegal, invalid or unenforceable.
SECTION 10. Execution of this Agreement does not obligate Denton or Fort Worth to
make any purchase; to pay any membership fee or to otherwise or in any manner incur
any cost or obligation.
SECTION 11. This Agreement may be executed in multiple counterparts, each of which
shall be deemed an original, and all of which shall constitute but one and the same
instrument.
SECTION 12. The undersigned officers and/or agents are properly authorized to
execute this Agreement on behalf of the parties hereto and each party hereby certifies to
the other that any necessary actions extending such authority have been duly passed and
are now in full force and effect.
SECTION 13. All notices, requests, demands, and other cornmunications which are
required or permitted to be given under this Agreement shall be in writing and shall be
deemed to have been duly given upon the delivery or receipt thereof, as the case may be,
if delivered personally or sent by registered or certified mail, return receipt requested,
postage prepaid, to the respective city representative set out below, or his/her designee.
Page 2 of3
Fort Worth & Denton
Cooperative Purchasing Interlocal Agreement
EXECUTED this 20th day of June, 2006.
CITY OF FORT WORTH
1000 Throckmorton Street
Fort Worth, Texas 76102
Ri hard Zavala
Act ng Assistant City Manager
City Secretary's Office: ~
-r\!\ (A ^~
Marty Hendrix .
City Secretary
DATE
Approved as to Form and Legality
Amy
Assist
ey
City Attorney
C,62J5) l 0
Contrac~ AuthorizatioR
lQl9qO f
Date
Page 3 of3
CITY OF DENTON
215 East McKinney Street
Denton, Texas 76201
DATE ~ryjJthniJbu;,:;., ,l,C06
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