2004-070oRDINANcE NO. ~e~/- a ~'~
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT AN
INTERLOCAL AGREEMENT WITH THE CITY OF OAK POINT, TEXAS TO
AUTHORIZE PARTICIPATION IN VARIOUS CITY OF DENTON CONTRACTS
FOR THE PURCHASE OF VARIOUS GOODS AND SERVICES; AUTHORIZING
THE EXPENDITURE OF FUNDS THEREFORE; AND DECLARING AN
EFFECTIVE DATE (FILE 3147- INTERLOCAL AGREEMENT WITH THE CITY OF
OAK POINT, TEXAS).
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the City Manager is hereby authorized to execute the attached
Interlocal Agreement, a copy of which is attached hereto and incorporated by reference
herein.
SECTION 2. That this ordinance shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED this the ~ay of ~ff/~ ,2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
A,,O=Y
2-ORD-lnterloeal Agreement With City of Oak Point
INTERLOCAL COOPERATIVE PURCHASING AGREEMENT
BETWEEN CITY OF OAK POINT, TEXAS AND CITY OF DENTON, TEXAS
STATE OF TEXAS
COUNTY OF DENTON
THIS AGREEMENT is made on the ~:g~O,~L day of ~'//.~(./~ (~'(--- ,2004, between
the City of Oak Point, Texas, and the City of Denton, Texa.~,, each referred to herein as
"participating governments."
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; and
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; and
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:
Purpose
The purpose of this Agreement is to authorize participation of the City of Oak Point,
Texas in various City of Denton, Texas 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
Oak Point through anticipated savings to be realized.
INTERLOCAL COOPERATIVE PURCHASING AGREEMENT Page 1
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INTERLOCAL COOPERATIVE PURCHASING AGREEMENT
II.
Duration of Agreement
This Agreement shall be in effect fi:om the date of execution until terminated by either
party to the agreement.
III.
Relationship of Parties
It is agreed that the City of Oak Point, 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 Oak Point, its agents, employees,
volunteer help nor any other person operating under this contract shall be considered an agent or
employee of City of Denton and shall not be entitled to participate in any pension plans or other
benefits that City of Denton provides its employees.
City of Denton shall notify all participating entities of available contracts to include terms
of contract, commodity cost, contact names and addresses. 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.
Julie M. Johnston, City Manager, is hereby designated as the official representative to act
for the City of Oak Point in all matters relating to this agreement.
IV.
Purchase of Goods and Services
All products and services shall be procured by City of Denton in accordance with
procedures governing competitive bids and competitive proposals.
The participating government will be able to purchase fi:om those contracts established by
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.
INTERLOCAL COOPERATIVE PURCHASING AGREEMENT Page 2
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INTERLOCAL COOPERATIVE PURCHASING AGREEMENT
IV.
Purchase of Goods and Services (Continued)
The participating governments agree to pay successful bidders 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 thc execution of this agreement assume any additional liability.
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.
1N 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 OAK POINT, TEXAS
CITY OF DENTON, TEXAS
~By' 'JulieM hn on
By'BY'~ity Manager
By: Michael
City Manager
INTERLOCAL COOPERATIVE PURCHASING AGREEMENT Page 3
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