2002-128AN AGREEMENT AUTHORIZING THE CITY MANAGER TO ACCEPT AN
INTERLOCAL AGREEMENT WITH THE CITY OF GARLAND, TEXAS TO
AUTHORIZE PARTICIAPTION lN VARIOUS CONTRACTS FOR THE PURCHASE
OF VARIOUS GOODS AND SERVICES; AUTHORIZING THE EXPENDITURE OF
FUNDS; AND DECLARING AN EFFECTIVE DATE (FILE 2849- INTERLOCAL
AGREEMENT WITH THE CITY OF GARLAND, TEXAS).
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the City Manager is hereby authorized to execute the attached
agreement, a copy of which is attached hereto and incorporated by reference herein.
SECTION 2. That the City Manager is authorized to expend funds pursuant to the
agreement for the purchase ofvurious goods and services.
SECTION 3. That this ordinance shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED this the/~ay of ~ , 2002.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
COOPERATIVE PURCHASING INTERLOCAL AGREEMENT
This Cooperative Pumhasing Interlocal Agreement ("Agreement") is made and entered
into as of the date written below between the City of Garland, Texas ("Garland") and the
City of Denton, Texas ("Denton").
WHEREAS, both Garland and Denton have each determined a need for a cooperative
agreement to purchase like goods and services to avoid duplicate procurement efforts
and obtain the benefits of volume purchasing; and
WHEREAS, Garland and Denton are authorized by Section 271.102 of the Local
Government Code and Section 791.025 of the Government Code to pursue mutually
beneficial and cooperative purchasing programs;
NOW, THEREFORE, for and in consideration of the mutual obligations and benefits
contained herein, Garland and Denton agree as follows:
SECTION 1. The purpose of this agreement is to provide Garland and Denton with
additional purchasing options by satisfying the provisions of Section 791.025 of the
Government Code and Section 271.102 of the Local Government Code.
SECTION 2. The parties agree that each of the parties shall respectively designate a
person to act under the direction of, and on behalf of, the designating party (the
"Designated Representative "of the City of Denton shall be Tom Shaw, Purchasing
Agent).
SECTION 3., At the request of the other party, a party that enters into a contract with a
vendor for goods or services (the "First Purchasing Party") shall attempt to obtain the
vendor's agreement to offer those goods and services to the other party (the "Second
Purchasing Party") for the same price and on the same terms and conditions as have
been offered to the First Purchasing Party. If the vendor so agrees, and if the Second
Purchasing Party is agreeable to such terms and conditions, the Second Purchasing
Party may enter into its own separate contract with the vendor for the purchase of such
goods or services.
SECTION 4. Unless otherwise agreed between the Designated Representatives,
payments for a purchase made by the Second Purchasing Party shall be paid directly to
the vendor and not to the First Purchasing Party. The Second Purchasing Party shall
have the responsibility of determining whether the vendor has complied with any
provisions in its contract with the vendor, including but not limited to those relating to
the quality of items and terms of delivery, and shall be responsible for enforcement of
its contract against the vendor, including all costs of enforcement.
SECTION 5. Gadand and Denton agree to keep each other informed of any changes
to the rules, regulations, or statutes which affect any purchase arrangement planned or
in place between the parties.
SECTION $. This Agreement may be terminated by either party, without cause or
penalty, upon not less than thirty days written notice to the other party.
SECTION 7. If any term or provision of this Agreement is held to be illegal, invalid or
unenforceable, the legality, validity or enforceability of the remaining terms or provisions
of this Agreement shall not be affected thereby, and in lieu of each such illegal, invalid
or unenforceable term or provision, the parties shall endeavor to agree to a legal, valid
or enforceable term or prevision as similar as possible to the term or prevision declared
illegal, invalid or unenforceable.
SECTION 8. Execution of this agreement does not obligate Gadand or Denton to make
any purchase, to pay any membership fee or to otherwise or in any manner incur any
cost or obligation.
SECTION 9. This Agreement may be executed in multiple counterparts, each of which
shall be deemed an original, and all of which shall constitute but one and the same
instrument.
EXECUTED this
THE CITY OF GARLAND, TEXAS
Title:
COOPERATIVE PURCHASING INTERLOCAL AGREEMENT PAGE 2