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HomeMy WebLinkAboutResolution No. 01-16 ORI INAL CITY OF THE COLONY, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF THE COLONY, TEXAS AND ANY PARTICIPATING GOVERNMENTAL ENTITY IN THE NORTH TEXAS AREA DEMANDSTAR USERS GROUP, ESTABLISHING A COOPERATIVE PURCHASING PROGRAM FOR GOODS AND SERVICES; DESIGNATING THE PURCHASING AGENT AS OFFICIAL REPRESENTATIVE OF THE CITY IN MATTERS RELATING TO THE PROGRAM; AUTHORIZING ITS EXECUTION BY THE CITY MANAGER OR HIS DESIGNEE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, currently thirty (30) governmental agencies in the North Texas area are using DemandStar by Onvia, an lntemet-based bid distribution system; and WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, authorizes local governmental entities to contract with each other to perform governmental functions and services under the terms thereof; and WHEREAS, the City Council has been presented a proposed Interlocal Agreement by and between the City of The Colony, Texas, and any participating governmental entity in the NORTH TEXAS AREA DEMANDSTAR USERS GROUP, establishing a cooperative purchasing program for goods and services, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference (hereinafter called "Agreement"); and WHEREAS, upon full review and consideration of the Agreement, and all matters attendant and related thereto, the City Council is of the opinion that the terms and conditions thereof should be approved, that the Purchasing Agent should be designated as the City Representative in matters relating to the program, and that the City Manager, or his designee shall be authorized to execute the Agreement on behalf of the City of The Colony. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the terms and conditions of the Agreement, having reviewed by the City Council of the City of The Colony and found to be acceptable and in the best interests of the City of The Colony and its citizens are hereby in all things approved. Section 2. That the Purchasing Agent of the City of The Colony is hereby designated as the official representative to act for the City in all matters relating to the Cooperative Purchasing Program including the designation of specific contracts in which the City desires to participate. Interlocal Purchasing Agreement Section 3. That the City Manager, or his designee, is hereby authorized to execute the Agreement and all other documents in connection therewith on behalf of the City of The Colony, substantially according to the terms and conditions set forth in the Agreement. Section 4. This Resolution shall become effective immediately upon its passage. DULY PASSED AND APPROVED on this 2nd of July, 2001. Bemetta Henville-Shannori, Mayor ATTEST: Patti A. Hicks, TRMC, City Secretary APPROVED AS TO FORM: ~on Hik~l, Cit~'-~ey: - -- { Interlocal Purchasing Agreement INTERLOCAL AGREEMENT ?is agreement made and entered into this ~. day of -~/~ ,2001, by and between the participating governmental entity in the NORYH TEXAS AREA DEMANDSTAR USERS GROUP (hereinafter called "USERS GROUP") and the CITY OF THE COLONY, TEXAS (hereinafter called "THE COLONY") each acting by and through its duly authorized officials: WHEREAS, USERS GROUP is composed of local governments engaged in the purchase of goods and services, which is a recognized governmental function; WHEREAS, USERS GROUP participants and THE COLONY wish to enter into an Interlocal Agreement pursuant to Chapter 791 of the Texas Government Code (hereinafter Interlocal Cooperation Act") to set forth the terms and conditions upon which USERS GROUP participants and THE COLONY may purchase various goods and services commonly utilized by each entity; WHEREAS, participation in a Cooperative Purchasing Program will be highly beneficial to the taxpayers of USERS GROUP participants and THE COLONY through the anticipated savings to be realized and is of mutual concern to the contracting parties; NOW, THEREFORE, in consideration of the foregoing and the mutual promises, covenants and obligations as set forth herein; USERS GROUP participants and THE COLONY agree as follows: 1. USERS GROUP participants and THE COLONY will cooperate to provide a program for the purchase of various goods and services commonly utilized by all participants, where available and applicable. ("Cooperative Purchasing Program") and under such program may purchase goods and services from vendors under present and future contracts. 2. USERS GROUP participants and THE COLONY will enter into individual contracts with vendors under the Cooperative Purchasing Program provided for under this Agreement. USERS GROUP participants and THE COLONY shall each be individually responsible for payments directly to the vendor and for the vendor's compliance with all conditions of delivery and quality of purchased items under such individual contracts. USERS GROUP participants and THE COLONY shall each make their respective payments from current revenues available to the paying party. 3. the term of the 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 shall be in writing and signed by the parties hereto, individually, at least thirty (30) days prior to any termination date. 4. Notwithstanding anything herein to the contrary, participation in this Agreement may be terminated by any party upon thirty (30) days written notice to the other entities at the address set forth below the signatures hereto. 5. The undersigned officer and/or agents of the parties hereto are duly authorized officials and possess the requisite authority to execute this Agreement on behalf of the parties hereto. 6. This Agreement may be executed separately, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. EXECUTED hereto on the day and year first above written. CITY OF THE COLONY, TEXAS TITLE: ~/ 6800 Main Street The Colony, Texas 75056-1133 APPROVED AS TO FORM: ~.~ ,, ~'- . ~,.~ ..... GorSon Hikel City Attorney STATE OF TEXAS ) ! ~_~,,%~-,~ DIANE M'~ : **~*-~*~.!i~.~: JANUARY 30, 2005 ~ COUNTY OF DENTON ) ~__This instrument was acknowledged before me on the ~ day 2001 by PATTI A. HICKS, Interim City Manager of the City of the CIT~OF THE COLONY, TEXAS, a home-rule municipal corporation, on behalf of such corporation. ~li~n ~r the