2007-161ORDINANCE NO. ~~
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT AN INTERLOCAL
AGREEMENT WITH THE CITY OF CORINTH, 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 CORINTH CONTRACTS FOR THE PURCHASE
OF GOODS AND SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND DECLARING AN EFFECTIVE DATE (FILE 3839- INTERLOCAL
AGREEMENT WITH CORINTH, TEXAS).
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 Program Agreement with the City of Corinth 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 became effective immediately upon its passage and
approval.
PASSED AND APPROVED this the ~~ day of , 2007.
I' ~ccl~e
PERRY . McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: Q,ec~,~t~.~ati, ~~ ~~)
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
BY: ~ ~
2-ORD-R 839
K
INTERLOCAL COOPERATIVE PURCHASING AGREEMENT,
BETWEEN CITY OF CORINTH AND CITY OF DENTON, TEXAS
STATE OF TEXAS
COUNTY OF DENTON
THIS AGREEMENT is made on the 5th day of July, 2007, between the City of
Denton, and the City of Corinth; jointly referred to herein as "parties".
WHEREAS, the respective parties 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 parties to comply with and further the
policies and purpose of the Interlocal 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 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
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.
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 awazding 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.
Linda Thoms, Purchasing Agent, is hereby designated as the official
representative to act for the City of Corinth 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 [heir individual responsibility and that the successful bidder or bidders
shall bill each party directly,. or as deemed advantageous to both parties. .
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 parry 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 aze 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 suceessful
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 yeaz first above written.
City of Corinth
By: Clovia
City M
CITY OF DENTON
By: George Campbell
City Manager
APPROVED AS TO FORM:
CITY ATTORNEY
CITY OF DENTON, TEXAS
BY: -