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2007-042 ORDINANCE NO. 2(Jt)1-/Jf..,Z AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT AN INTERLOCAL AGREEMENT WITH THE CITY OF GEORGETOWN, TEXAS TO AUTHORIZE PARTICIPATION IN VARIOUS CITY OF DENTON CONTRACTS FOR THE PURCHASE OF VARIOUS GOODS AND SERVICES AND TO AUTHORIZE THE CITY OF DENTON PARTICIPATION IN VARIOUS CITY OF GEORGETOWN CONTRACTS FOR THE PURCHASE OF GOODS AND SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE (FILE 3734- INTERLOCAL AGREEMENT WITH GEORGETOWN, TEXAS). THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee is hereby authorized to execute the InterJocal Cooperative Purchasing Program Agreement with the City of Georgetown 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. . . ilL PASSED AND APPROVED this the J..() - day of khn/arl/ ( ,2007. ATTEST: JENNIFER WALTERS, CITY SECRETARY: BY: 9tU1f c&(~ (l{&h/ Cud / APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY BY:~~ 2.0R~734 INTERLOCAL COOPERATIVE PURCHASING AGREEMENT BETWEEN CITY OF GEORGETOWN, TEXAS AND CITY OF DENTON, TEXAS STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT is made on the 23rd day of January, 2007, between the City of Denton, and City of Georgetown; jointly referred to herein as "parties". WHEREAS, the respective parties are authorized by the Interlocal Cooperation Act, V.T.C.A. Goverrunent Code, Chapter 79], 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 parties to comply with and further the policies and purpose of the lnterlocal Cooperation Act; WHEREAS, the parties 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 parties 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 goverrunental 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 Interlocal Cooperation Act, promise and agree as follows: I. Purpose The purpose of this Agreement is to authorize the parties mutual participation 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 participating parties through anticipated savings to be realized. ])enfim / ae.o'Jet?JecJrl furdz4.s/n'l flJre~/11i!nf f>~e I 111'.3 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 parties, 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 party is an agent, 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 the utilization and/or cooperative solicitation of any Supplier Agreement obtained in accordance with Texas law. Parties shall notify all participating entities of available contracts to include terms of contract, commodity cost, contact names and addresses, and shall keep participating parties informed of all changes to the Cooperative Purchasing list of contracts. Nothing in this agreement shall prevent any participating party 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. Marsha Iwers, CPPB, Purchasing Manager is hereby designated as the official representative to act for the City of Georgetown in all matters relating to this agreement. 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 given in the specifications and successful bidder has accepted terms for Cooperative Purchasing Agreements for local governments. The parties 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 party directly, or as deemed advantageous to both parties. :J)entDl1lae(l:~f"wn !tt.n:ha.s/h! R4~~ItJenf . />4jt! :J.. If ~ r The parties agree 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 for products and services ordered by and received by it, and shall not by the execution of this agreement 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 shall receive all 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 party's governmental 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. rA~ By: ~ry Nelon Mayor CITY OF DENTON ~!2? City Manager -- CITY OF GEORGETOWN APPROVED AS TO FORM: CITY ATTORNEY CITY OF DENTON, TEXAS B~~ J)~nfr;n/au:1town f PurchAJ/n'l ~/11f!/1 fJ~ :3 tJ('