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HomeMy WebLinkAboutResolution No. 03-24 CITY OF THE COLONY, TEXAS RESOLUTION NO. 03- g~ 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 EULESS FOR THE PURPOSE OF PURCHASING CERTAIN COMMODITIES/ SERVICES; 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 Thc Colony, Texas, is hereby authorized and empowered to execute an Intcrlocal Cooperation Agreement with the City of Euless for the purpose of purchasing certain commodities or services, namely, traffic citations system from Euless' contract for same. 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 8th day of September 2003. ATTEST: ~hn Dillard, Mayor Hicks, ~ Patti A. , Qity-Secretary STATE OF TEXAS § COUNTY OF DENTON § INTERLOCAL COOPERATION AGREEMENT This Interlocal Cooperation Agreement ("Agreement") is by and between the CITY OF EULESS, TEXAS, a municipal corporation of the County of Tarrant, State of Texas ("Euless"), 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, Texas Local Government Code; and WHEREAS, Section 271.102 of' the Texas Local Government Code authorizes a local government to participate in a cooperafivc 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, Euless has obtained compefitivc bids for the purchase a certain commodity/service; namely, for a traffic citation system; and WHEREAS, the parties desire to enter into an Interlocal Cooperation Agreement which will allow both The Colony Euless to purchase the aforedescribed commodity/service pursuant to Section 791.025 of the Texas Government Code; 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 Euless and The Colony that will allow The Colony to purchase a certain commodity/service; namely, traffic citation system from Euless' contract for same. 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"). 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, and any upgrades as deemed necessary. 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 good/sermce, namely, a traffic citation system. The Colony shall make payments directly to the vendor under contract for bid. Euless' City Manager or designee is authorized to act on behalf of Euless in all matters relating to the City's purchase of that certain good/service which is the subject matter of this Agreement. Euless shall make payments directly to the vendor under the terms set forth in the vendor's contract for bid. ARTICLE V MISCELLANEOUS 5. Relati~ 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 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 District Court of Dallas 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 SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES. 11. Entire A_.g$.eement: 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 8th day of September, 2003. CITY OF THE COLONY, TEXAS Dale A. Cheatham, City Manager 6800 Main Street ATTES-S.T://~ ~. The Colony, Texas 75056-1133 Patti A. Hicks, City Secretary EXECUTED this ~/~ dayof ~'~ ,2003. CITY OF E~S t '~usan-C~m, C~ty Secretary