2003-017ORDINANCE NO. ~DOZ-- ~ 7
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT AN
INTERLOCAL AGREEMENT WITH U.S. COMMUNITIES TO AUTHORIZE
PARTICIPATION IN VARIOUS U.S. COMMUNITIES CONTRACTS FOR THE
PURCHASE OF VARIOUS GOODS AND SERVICES; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE
DATE. (FILE # 2930-INTERLOCAL AGREEMENT WITH U.S. COMMUNITIES).
WHEREAS, U.S. Communities is a nonprofit corporation duly created and
operat'mg to perform one or more governmental functions and services including the
purchase of goods and services for local governments and other governmental entities
throughout the United States; and
WHEREAS, Section 791.025 of the Texas Government Code (the "Act")
authorizes cities to enter into interlocal agreements with such nonprofit corporations
which satisfies competitive bidd'mg requirements; and
WHEREAS, the City Council of the City of Denton, Texas finds that the Master
Intergovernmental Cooperative Purchasing Agreement attached hereto and made a part
hereof by reference (the "Interlocal Agreement") is in the public interest and satisfies the
requirements of the Act; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations in the preamble of this ordinance are
incorporated herein by reference. The City Manager, or his designee, is hereby authorized
to execute the Interlocal Agreement on behalf of the City of Denton.
SECTION 2. The duly appointed Purchasing Agent for the City of Denton is
designated by the City Manager to have the authorization to expend funds pursuant to this
Interlocal Agreement for the purchase of various good and services in compliance with
the Act.
SECTION 3. This ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the~7~/f-~ day of 2,003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
HERB~~TY ATTORNEY
Page 2
COMMUNITIES
~uadi~g
MASTER ~TERGO~NTAL COOPE~T~ P~C~S~G
This agreement is made between certain government agencies that execute a Lead Public Agency Certificate ("Lead Public
Agencies") to be appended and made a part hereof and other government agencies ("Participating Public Agencies") that
agree to terms and conditions hereof through U.S. Communities registration to be appended and made a part hereof.
RECITALS
WHEREAS, al~er a competitive bidding and selection process by Lead Public Agencies, a number of Vendors have
entered into Master Agreements to provide a variety of goods, products and services based on national volumes (herein
"Products");
WHEREAS, Master Agreements are made available by Lead Public Agencies through U.S. Communities and provide that
Participating Public Agencies may purchase Products on the same terms, conditions and pricing as the Lead Public Agency,
subject to any applicable local purchasing ordinances and the laws of the State of purchase;
WHEREAS, the parties desire to comply with the requirements and formalities of the Intergovernmental Cooperation Act
as may be applicable to the laws of the State of purchase;
WHEREAS, the parties hereto desire to conserve resources and reduce procurement cost;
WHEREAS, the parties hereto desire to improve the efficiency, effectiveness and economy of the procurement of
necessary Products;
NOW, THEREFORE, in consideration of the mutual promises contained in this agreement, and of the mutual benefits to
result, the parties agree as follows:
1. That each party will facilitate the cooperative procurement of Products.
2. That the procurement of Products subject to this agreement shall be conducted in accordance with and subject to the
relevant statutes, ordinances, roles and regulations that govern each party's procurement practices.
3. That the cooperative use of bids obtained by a party to this agreement shall be in accordance with the terms and
conditions of the bid, except as modification of those terms and conditions is otherwise allowed or required by applicable
law.
4. That the Lead Public Agencies will make available, upon reasonable request and subject to convenience, information
which may assist in improving the effectiveness, efficiency and economy of Participating Public Agencies procurement of
Products.
5. That a procuring party will make timely payments to the Vendor for Products received in accordance with the terms and
conditions of the procurement. Payment for Products and inspections and acceptance of Products ordered by the procuring
party shall be the exclusive obligation of such procuring party. Disputes between procuring party and Vendor are to be
resolved in accord with the law and venue tales of the State of purchase.
6. The procuring party shah not use this agreement as a method for obtaining additiunal concessions or reduced prices for
similar products or services.
7. The procuring party shall be responsible for the ordering of Products under this agreement. A non-procuring party shall
not be liable in any fashion for any violation by a procuring party, and the procuring party shall hold non-procuring party
harmless from any liability that may arise from action or inaction of the procuring party.
8. The exercise of any rights or remedies by the procuring party shall be the exclusive obligation of such procuring party.
9. This agreement shall remain in effect until termination by a party giving 30 days written notice to U.S. Communities at
2175 N. California Blvd., Suite 550, Walnut Creek, CA 94596.
10. This agreement shall take effect at~er execution of the Lead Public Agency Certificate or Participating Public Agency
Registration, as applicable. 04/14/02
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I ~ie~;,iand tlmt ~he 1o~,~ha~ of on~ c~ mom Pnxluc~s umJe0r tim p~o~iaions o f ibc MI~A is ~ ~ s~e
emi ccenple~e dfscrelion efthe Per~icipetin~ Publio ASe~'Y.
Joe Sandoval, Division Manager
Purchasing and Contract Services
County of Los Angeles
Natr~ and Tiae of Si~r
http:llwww, uscommunities.orgliga.htm (2 of 3) [0910912002 3:53:35 PM]
http://www.uscommunities.org/iga.htm (3 of 3) [09/09/2002 3:53:35 PM]
COMMUNITIES
Government Purchasers Saving You Money
Founding Co-Sponsors
PARTICIPATING PUBLIC AGENCY
PARTICIPATION CERTIFICATE
I hereby acknowledge, on behalf of the public agency identified (the "Participating Public Agency")
that, I have read and agree te the general terms and conditions set forth in the enclosed Master
Intergovernmental Cooperative Pumhasing Agreement (MICPA, "Attachment A") regulating the use
of the various Master Agreements and purchase of Products made available by Lead Public
Agencies through U.S. Communities. Before purchasing any one or more of the Products, the
Par[icipating Public Agency should review and ensure the terms and provisions of the applicable
Master Agreement are acceptable. I understand that the purchase of o~..~' more Products under the
provisions of the MICPAis at the sole and complete disc retJon o~~~.~.~
Signature:
- City ~lana ~.~
Date: (),"/~ //~
PUBLIC AGENCY:
Name: city nf Ben~-nn Department:
[IMPORTANTI] Employer 9-Digit Tax ID #: (TIN):
75-6000514
Please mark the appropriate box:
[3 County [3 Consol. City/County Other (specify):
n County Special District [3 K- 12 n State Agency
~ City, Town or Village [3 Community College [3 Independent Special District
cl City Special District [3 College & University [3 Non-Profit 501(c)3
[3 Other:
CONTACT PERSON:
Name: Tom D. Shaw, C.P.M., A.P.P.
Title:
~urchaslng Agent
Mailing Address:
901B Texas St
city:
Telephone:
E-Mail:
Denton State:
940~349-7100 Fax:
tdshaw@cityofdenton.com
TX Zip: 76200
q&O-RAq-7RO?
info@uscommunities.org · www.uscommunities.org
SUPPLIER INTEREST:
Office Supplies
· Office Depot
Electrical & Comm/Data
Master Aqreement No.
Los Angeles County Contract #-41421
· Graybar [] Los Angeles County Contract #57128 and ;~,1490
Office Furniture
· Haworth [] Fairfax County Contract RQ0141131316A
· Herman Miller [] FairfaxCountyContractRO0141131316B
· Knoll [] Fairfax County Contract RQ0141131316C
· Steelcase [] Fairfax County Contract RQ0141131316E
Industrial Supplies
· Grainger []
Los Angeles County Contact #57141
Computers Fairfax County Contact RQ0034136016 (A-D, F-G)
· Comark [] IBM []
· CompUSA [] Micron []
· Gateway [] Software Spectrum []
All Vendors []
Please Fax to U.S. Communities at (925) 933-8457
For questions or additional information, please contact U.S. Communities at
info~,uscommunities.or,q or toll free at 866.472.7467
U.S, COMMUNITIES USE ONLY
Date and Time Received:
By:
Date and Time Forwarded:
By:
12.02