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HomeMy WebLinkAboutResolution No. 02-34 CITY OF THE COLONY, TEXAS A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF THE COLONY AND THE CITY OF FRISCO FOR THE PURPOSE OF COOPERATIVE PURCHASING; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the City Manager of the City of The Colony, Texas, is hereby authorized and empowered to execute an lnterlocal Cooperation Agreement with the city of Frisco for Cooperative Purchasing as defined in the Agreement. Section 2. That a true and correct copy of the Interlocal Cooperation Agreement is attached hereto and incorporated herein. Section 3. That this resolution shall take effect immediately from and after its passage. PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this 21 st day of October 2002. /s/Bemetta Henville-Shannon, Mayor ATTEST: /s/~p al ti~A. H~. ck s,~T.RM~cretary INTERLOCAL AGREEMENT FOR COOPERATIVE PURCHASING BETWEEN THE CITY OF FRISCO, TEXAS AND THE CITY OF THE COLONY, TEXAS This Interlocal Agreement for Cooperative Purchasing is made and entered into this 21st day of October, 2002, between the City of Frisco, Texas and the City of The Colony, Texas (hereinafter "Agreement"). WITNESSETH: WHEREAS, the City of Frisco, Texas (hereinafter called "Frisco") and the City of The Colony, Texas (hereinafter called "The Colony") (collectively referred to as "Participants") as permitted under the authority of Section 271.101 - 271.102 of the Texas Local Government Code, wish to enter into this Interlocal Agreement to set forth the terms and conditions upon which Frisco and The Colony may purchase various goods and services commonly utilized by both entities; WHEREAS, the Participants 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; and WHEREAS, participation in a Cooperative Purchasing Program will be highly beneficial to the taxpayers of Frisco and The Colony through the anticipated savings to be realized. NOW, THEREFORE, in consideration of the foregoing and the mutual promises, covenants and obligations as set forth herein, Frisco and The Colony agree as follows: 1. Both Participants will work cooperatively to provide a program for the purchase of various goods and services commonly utilized by Participants ("Cooperative Purchasing Program"), and under such Cooperative Purchasing Program may purchase goods and services from vendors under present and future contracts with either entity. 2. The Participants will enter into individual contracts with vendors under the Cooperative Purchasing Program provided for under this Agreement. The Participants shall be individually responsible for payment directly to the vendor and for the vendor's compliance with all conditions of delivery and quality of purchased items under such individual contracts. 3. The term of this Agreement shall be for five (5) years from the date hereof and may be renewed for two (2) additional five (5) year terms. Any renewal of this INTERLOCAL AGREEMENT FOR COOPERATIVE PURCHASING BETWEEN THE CITY OF FRISCO, TEXAS AND THE CITY OF THE COLONY, TEXAS Page 1 \\Colonynt\PATTI\DOC\CONTRACT~INTERLOCAL AGREEMENT Frisco.doc Interlocal Agreement shall be in writing and signed by each party hereto at least thirty (30) days prior to any termination date. 4. Notwithstanding anything herein to the contrary, participation in this Agreement by Frisco or The Colony may be terminated upon thirty (30) days written notice to the other entity. 5. Frisco designates '~ I,'~fl ',~'f~ !.~. l"l./~ ~ i.l , or his or her designee, to act on its behalf in all matters relating to the Cooperative Purchasing Program and The Colony designates Dale A. Cheatham, City Manaqer , or his or her designee, to act on its behalf in all matters relating to the Cooperative Purchasing Program. 6. Miscellaneous Provisions. a) Notice. Any notice required to be sent under this Agreement must be in writing and may be served by depositing same in the United States Mail, addressed to the party to be notified, postage pre-paid and registered or certified with return receipt requested, or by delivering the same in person to such party via a hand-delivery service, Federal Express or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notice, the addresses of the parties shall be as follows: If to Frisco, to: City Manager City of Frisco 6891 Main Street Frisco, Texas 75034 If to The Colony, to: City Manager City of The Colony 6800 Main Street The Colony, TX 75056 b) Entire A.qreement. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties hereto. c) Venue. This Agreement shall be construed in accordance with the laws of the State of Texas and shall be performable in Collin County, Texas. INTERLOCAL AGREEMENT FOR COOPERATIVE PURCHASING BETWEEN THE CITY OF FRISCO, TEXAS AND THE CITY OF THE COLONY, TEXAS Page 2 \\Colonynt\PATTI\DOC\CONTRAC'P, INTERLOCAL AGREEMENT Frisco.doc d) Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. e) Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. f) Authority to Execute. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. g) Savinqs/Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. h) Representations. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. i) Miscellaneous Draftinq Provisions. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. j) Sovereiqn Immunity. The parties agree that no party has waived its sovereign immunity by entering into and performing their respective obligations under this Agreement. k) Assi.qnment. This Agreement or any part thereof shall not be assigned or transferred by any party without the prior written consent of the other party. INTERLOCAL AGREEMENT FOR COOPERATIVE PURCHASING BETVVEEN THE CITY OF FRISCO, TEXAS AND THE CITY OF THE COLONY, TEXAS Page 3 \\Colonynt\PATTI\DOC\CONTRACT~INTERLOCAL AGREEMENT Frisco.doc EXECUTED hereto on the day and year first above written. City of Frisco, Texas City of The Colony, Texas George Purefoy, City Manager Dale A. Cheatham, City Manager Attest: Attest: ~/~ Nan Parker, City Secretary Patti A. Hicks, City Secretary Approved as to form: Approved as to form: Richard Aber~atf~y, (~it~, Attorney ~Sfdon Hikel';, City Attorney INTERLOCAL AGREEMENT FOR COOPERATIVE PURCHASING BETWEEN THE CITY OF FRISCO, TEXAS AND THE CITY OF THE COLONY, TEXAS Page 4 \\Colonynt\PATTI\DOC\CONTRAC'IAINTERLOCAL AGREEMENT Frisco.doc