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HomeMy WebLinkAboutResolution No. 01-10 CITY OF THE COLONY, TEXAS ~ , ~ . ,-~ RESOLUTION NO. 0 © A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY AND THE TOWN OF HIGHLAND PARK FOR THE PURCHASE OF AN AMBULANCE 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 Interlocal Cooperation Agreement with the Town of Highland Park for the purchase of an ambulance. 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 a~er its passage. · W~liam W. Manning, Mayor ~ ATTEST: / Patti A. Hicks, TRMC, City Secretary EXHIBIT "A" STATE OF TEXAS § § INTERLOCAL COOPERATION AGREEMENT COUNTY OF DALLAS § This Interlocal Cooperation Agreement ("Agreement' ') is by and between the TOWN OF HIGHLAND PARK, TEXAS, a municipal corporation of the County of Dallas, State of Texas (the "Town"), and the CITY OF THE COLONY, TEXAS ("The Colony"), a municipal corporation of the County of Denton, State of Texas. RECITALS: WHEREAS, this Agreement is authorized by Chapter 791 of the Texas Government Code and Subchapter F, Chapter 271 of the Texas Local Government Code; and WHEREAS, Section 271.102 of the Texas Local Government Code authorizes a local government to participate in a cooperative purchasing program with another local government or a local cooperative organization; and WHEREAS, Section 791.025 of the Texas Government Code authorizes a local government to agree with another local government to purchase goods and services; and WHEREAS, a local government that purchases goods and services with another local government under Section 791.025 of the Texas Government Code satisfies the requirement of the local government to seek competitive bids for the purchase of goods and services; and WHEREAS, The Colony has obtained competitive bids for the purchase of a certain commodity/service; namely, the construction and delivery of a Mobile Intensive Care Unit (ie. an ambulance) in its Bid Number 70-00-27-AMBULANCE, dated October 16, 2000; and WHEREAS, the parties desire to enter into an Interlocal Cooperation Agreement which will allow both the Town and The Colony to purchase the aforedescribed commodity/service pursuant to Section 791.025 of the Texas Government Code; and WHEREAS, pursuant to Chapter 791.011(d)(1) the Texas Government Code, the governing bodies of the Town and The Colony have authorized their respective representatives to enter into this Agreement by a duly passed Town/City Resolution/Ordinance, copies of which are attached hereto as Exhibits A1 and A2 respectively. NOW THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows: ARTICLE I PURPOSE 1. The purpose of this Agreement is to establish an Interlocal Cooperation Agreement between the Town and The Colony that will allow the Town to purchase a certain commodity/service; namely, an Ambulance from The Colony's bid for same. , EXHIBIT "A" ARTICLE II TERM 2. The term of this Agreement shall commence on the date on which all parties hereto have executed this Agreement ("Effective Date"). The term of this agreement shall not exceed one (1) year. ARTICLE III TERMINATION 3. Either party may terminate this Agreement by providing thirty (30) days prior written notice to the other party, or by the parties consummating their purchase of the commodity/service described herein. ARTICLE IV PURCHASING 4. The Colony's City Manager or designee is authorized to act on behalf of The Colony in all matters relating to The Colony's seeking of competitive bids for the purchase of that certain goods/services; namely, an Ambulance. The Colony shall make payments directly to the vendor under contract for bid. Such payment shall not exceed one hundred sixty thousand dollars ($160,000). The Town Administrator is authorized to act on behalf of the Town in all matters relating to the Town's purchase of that certain good/service which is the subject matter of this Agreement. The Town shall make payments directly to the vendor under the terms set forth in the vendor's contract for bid with and to The Colony. All payments made by the parties hereto shall be paid from current revenues legally available to each party respectively. ARTICLE V MISCELLANEOUS 5. Relationship of Parties: This Agreement is not intended to create, nor should it be construed as creating, a partnership, association, joint venture or trust. 6. Notice: Any notice required or permitted to be delivered hereunder shall be deemed received when sent in the United States Mail, Postage Prepaid, Certified Mail, Return Receipt requested, or by hand-delivery or facsimile transmission addressed to the respective party at the address set forth opposite the signature of the party. 7. Amendment: This Agreement may be amended by the mutual written agreement of both parties hereto. 8. Severability: In the event 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 EXHIBIT "A" invalidity, illegality, or unenforceability shall not affect the other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in the Agreement. 9. Governing Law: The validity of this Agreement and any of its terms and provisions as well as the rights and duties of the parties, shall be governed by the laws of the State of Texas. Venue shall be Denton County, Texas. 10. HOLD HARMLESS: THE PARTIES AGREE THAT WITH REGARD TO ANY AND ALL PAST, PRESENT, AND/OR FUTURE CAUSES OF ACTION WHICH HAVE OR COULD ARISE OUT OF OR RELATE TO THIS AGREEMENT, NEITHER PARTY SHALL BE LIABLE TO THE OTHER UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO, ACTUAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. 11. Entire Agreement: This Agreement represents the entire agreement among the parties with respect to the subject matter covered by this Agreement. There is no other collateral, oral or written agreement between the parties that in any manner relates to the subject matter of this Agreement. 12. Recitals: The recitals to this Agreement are incorporated herein. 13. Counterparts: this Agreement may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument. EXECUTED this ~ day of April 2001. CITy OFZHE COLONY, TEXAS Patti Hicks Interim City Manager ATTEST: 6800 Main Street ............ The Colony, Texas 75056-1133 By: .~.dEd'/.;c~' ~'.-,/., ,~-~ City Secretary EXECUTED this 2nd day of April 2001. TOWN OF HIGHLAN PARK, TEXAS B ~., /' L.A. Patterson , .'~ .~ . Town Administrator '~-/.~..,jb~ 4700 Drexel Drive By: ~'~/~'._) ~--' ~ Highland Park, TX 75205 James Fisher, Town Secretary d