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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