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HomeMy WebLinkAboutResolution No. 00-49 ORIP,.,-AIYAL CITY OF THE COLONY, TEXAS RESOLUTION NO. 0 ~- 4q A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY AND THE CITY OF LEWISVILLE FOR THE PROVISION OF A COOPERATIVE PURCHASING PROGRAM TO PURCHASE TRAFFIC SIGNAL EQUIPMENT; 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 Interlocal Cooperation Agreement with the City of Lewisville for a Cooperative Purchasing Program to purchase traffic signal equipment 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 20th day of November, 2000. William W. Manning, ~la-yor ~ ATTEST: /lk~uthann Devl'~!~, De~'~ty City Secretary STATE OF TEXAS § § COUNTY OF DENTON § INTERLOCAL COOPERATION AGREEMENT This Interlocal Cooperation Agreement ("Agreement") is by and between the City of Lewisville, Texas CLewisville"), and the City of The Colony, Texas ("The Colony"), acting by and through their authorized officers. 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 Cooperative Purchasing Program with another local government or a local cooperative organization; and WHEREAS, a local government that purchases goods and services pursuant to a Cooperative Purchasing Program with another local government satisfies the requirement of the local government to seek competitive bids for the purchase of goods and services; and WHEREAS, Lewisville has obtained competitive bids for the purchase of traffic signal equipment; and WHEREAS, the parties desire to enter into a Cooperative Purchasing Program which will allow The Colony to purchase traffic signal equipment pursuant to Subchapter F, Chapter 271 of the Texas Governmental 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 a Cooperative Purchasing Program between the parties that will allow The Colony to purchase traffic signal equipment from Lewisville's bid. ARTICLE II TERM 2. The term of this Agreement shall commence on the date on which aH parties hereto have executed this Agreement ("Effective Date"). This Agreement shall automatically renew for successive periods of one (1) year under terms and conditions stated herein, unless superseded by a supplemental agreement or terminated as provided in this Agreement. ARTICLE III TERMINATION 3. Either party may terminate this Agreement by providing thirty (30) days prior written notice to the other party. ARTICLE IV PURCHASING 4. The Colony City Manager or designee is authorized to act on behalf of The Colony in all matters relating to the Cooperative Purchasing Program. The Colony shall make payments directly to the vendor under contract for traffic signal equipment from Lewisville's bid. 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 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. 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. 11. .Recitals: The recitals to this Agreement are incorporated herein. 12. 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 ~9 r.~/~ day of~~f,d~L_, 2000. CITY OF THE COLON~, TEXAS < ~ ~' '~;'? ~,,,. pATI1 HICI~S,'INTERIM CITY MGR. :."' '"7;;~;}-~ 6800 Main Street '.AT~E.8~: !<. :' '; The Colony, Texas 75056-1133 ~~ITY SECRETARY EXECUTED this _day of ., 2000. CITY OF LEWISVILLE, TEXAS By: CLAUDE KING, CITY MANAGER 1197 Main Street Lewisville, TX 75067 ATTEST: By: CITY SECRETARY