2003-037ORDINANCE NO. ~'~P~- ~ 7
AN AGREEMENT AUTHORIZiNG THE CITY MANAGER TO APPROVE AN
INTERLOCAL AGREEMENT WITH THE CITY OF GAINESVILLE, 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 2958- INTERLOCAL AGREEMENT WITH THE CITY OF
GAINESVILLE, 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 ~ day of~ 7~~-' , 2003.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
BY: ' -- ~
2-ORD-lntcrlocal A~nfWith Gainesville
THE STATE OF TEXAS )
)
COUN'FY OF COOKE )
INTERLOCAL AGREEMENT
FOR COOPERATIVE PURCHASING
THIS AGREEMENT is made and entered into this 3rd day of~.. .2002,
by and between The City of Gainesville, Texas, a Home Rule Municipality, hereinafter
referred to as "Gainesville", and The City of Denton, Texas, a Home Rule Municipality,
hereinafter referred to as "Denton."
WITNESSETH:
WHEREAS, Gainesville is a Home Rule Municipality located in Cooke County,
Texas, and possessing the full power of local self government as provided by Article XI,
Section 5 of the Constitution of the State of Texas, Section 51.072 of the Texas Local
Government Code and its Home Rule Charter; and
WHEREAS, Denton is a Home Rule Municipality located in Denton County,
Texas, and possessing the full power of local self government as provided by Article XI,
Section 5 of the Constitution of the State of Texas, Section 51.072 of the Texas Local
Government Code and its Home Rule Charter; and
WHEREAS, Gainesville desires to enter in to a cooperative purchasing
agreement with the City of Denton; and
WHEREAS, Denton has followed the proper pumhasing procedures under the
laws of the State of Texas; and
WHEREAS, these purchases would are a governmental function that serves the
public interest, promotes efficiency and effectiveness of local governments, and is of
mutual concern to the contracting parties; and
WHEREAS, the Interlocal Cooperation Act, Texas Government Code, Chapter
791, as amended (the "Act") provides authority for local governments of the State of
Texas to enter into intedocal agreements with each other regarding governmental
functions and services as set forth in the Act; and
WHEREAS, each party to this Agreement is authorized individually to perform
the governmental function or service contracted for herein and to fully comply with all
regiments of the Act;
WHEREAS, this Agreement is authorized by the governing body of each
respective party hereto.
NOW, THEREFORE, Gainesville and Denton, for and in consideration of the
recitals set forth above and terms and conditions below, agree as follows:
Term
This Agreement shall become effective upon approval by both of the respective
governing bodies of Gainesville and Denton and upon execution by their respective
authorized representatives. The Agreement shall continue in effect for a period of two
(2) years and shall automatically renew for three (3) additional periods of two (2) years
each provided that it is not terminated earlier as provided herein. Either party may
terminate this agreement upon sixty (60) days pdor written notice or as otherwise
provided herein.
II.
Use of the Cooperative Purchasing Agreement
Gainesville agrees that it may purchase certain items for use in the municipal
operations of the City. Gainesville further agrees to make payment in full to the City of
Denton for these cooperative purchases, Denton agrees to permit Gainesville to take
advatage of the opportunity to make these purchases as they may be advantageous to
the City of Gainesville.
III.
Consideration
The parties agree that sufficient consideration for this Agreement exists and is
found in the cross promises set forth above. Additionally, Gainesville's agreement to
permit purchases from Denton and Denton's agreement to permit these purchases will
show mutual cooperation between the Cities. Gainesville and Denton, realize the cost
savings and other benefits that each will receive from the Cooperative Purchasing
Agreement, shall serve as sufficient consideration under this Agreement. The payment
of all costs resulting from or arising out of the Agreement shall be paid from current
revenues usually available to the respective party hereto incurring such cost.
IV.
V=
Cooperation Between Parties
Gainesville and Denton agree to cooperate with their respective Directors in
making purchases provided for under this Agreement, who shall control such matters as
may be reasonably necessary to carry out the terms of this Agreement.
VIII.
Default
In the event that either party hereto breaches any term or condition of this
agreement, this Agreement may be terminated by the aggrieved party if such default is
not cured within a pedod of ten (10) days after receipt of wdtten notice of default by the
party allegedly in breach of its obligations hereunder. If the default is not cured within
the ten (10) day period, this agreement shall immediately terminate.
IX.
Entire Agreement
This Agreement represents the entire and integrated agreement between
Gainesville and Denton and supersedes all prior negotiations, representations and/or
agreements, either written or oral. This Agreement may be amended only by written
instrument signed by both parties.
Venue
This Agreement and any of its terms or provisions, as well as the rights and
duties of the parties hereto, shall be governed by the laws of the State of Texas and
exclusive venue shall be in Cooke County, Texas.
XI.
Nonwaiver
One (1) or more instances of forbearance by either party in the exercise of its
respective rights or remedies herein shall in no way constitute a waiver of the exercise
of such rights or remedies.
Xll.
Severability
If any of the terms, sections, subsections, sentences, clauses, phrases,
provisions, covenants, conditions or any other part of this contract are for any reason
held to be invalid, void or unenforceable, the remainder of the terms, sections,
subsections, sentences, clauses, phrases, provisions, covenants, conditions or any
other part of this contract shall remain in full force and effect and shall in no way be
affected, impaired or invalidated.
Xlll.
Signature Authority
The undersigned officer and/or agents of the parties hereto are the properly
authorized officials and have the necessary authority to execute this agreement on
behalf of the parties hereto and each party hereby certifies to the other that any
necessary resolutions extending such authority have been duly passed and are now in
full force and effect.
EXECUTED in duplicate originals this the
CITY OFGAINESVILLE, TEXAS
__dayof ~/~/~ ,~;~
CITY OF DENTON, TEXAS
Kenneth Kaden, Mayor
Euline Brock , Mayor
ATTEST:
City~creta~J
ATTEST:
Cit~ Secretary
APPROVED AS TO FORM:
Gainesville City Attorney
APPROVED AS TO '
Denton ~I~rn ey
ACKNOWLEDGMENTS
STATE OF TEXAS
COUNTY OF COOKE
This
December
behalf of such entity.
instrument was acknowledged before me on the 3rd day of
, 2002 by Kenneth Kaden, Mayor, City of Gainesville, Texas, on
-'":~'"' ':.~ Notary Public, State of Texas
% ;. .:~.-' My Commission Expires
Jl .......... November 18, 2004
No[ary Public in aj~d for the
State of Texas
STATE OF TEXAS ~
COUNTY OF DENTON §
t
~ /)This instrument was ac~o~edge,~,.b.e~re me on the ~ day of
i\ ~C~'~.A.- ,200~ by ~,,c~z~./~A~ ~[~5~Vlayor, City of Denton, on behalf of
su{;h corporation. ~
Z~ ANN FORSYI~E
'~' ~*~ MY COMMISSION EXPIRES
State of Texas