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HomeMy WebLinkAboutResolution No. 00-07 ORIGINAL CITY OF THE COLONY, TEXAS RESOLUTION NO. ~ A RESOLUTION OF THE CITY OF THE COLONY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY AND CITY OF ALLEN TO PARTICIPATE IN A COOPERATIVE PURCHASE OF POLICE VEHICLES; 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 Allen to participate in a cooperative purchase of police vehicles 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 7th day of February ,2000. William W. Manning, Mayor · ATTEST: Patti A. Hicks, TRMC, City Secretary STATE OF TEXAS § COUNTIES OF COLLIN § AND DENTON § INTERLOCAL COOPERATION AGREEMENT This Interlocal Cooperation Agreement ("Agreement") is by and between the City of Allen, Texas ("Allen"), 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 TE×. Loc. Go¥"r 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 the goods and materials; and WHEREAS, The Colony has obtained competitive bids for the purchase of police vehicles and awarded bid no. 75-99-36; and WHEREAS, the parties desire to enter into a Cooperative Purchasing program which will allow Allen to purchase police vehicles under The Colony's bid no. 75-99-36 pursuant to Subchapter F, Chapter 271 of the TE×. Loc. GO¥'T 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 which will allow Allen to purchase police vehicles pursuant to The Colony's bid no. 75-99-36. ARTICLE H TERM 2. The term of this Agreement shall commence on the date on which all parties hereto have executed this Agreement ("Effective Date"). This Agreement shall automatically renew for successive periods of one (1) year under the terms and conditions stated herein, unless superseded by a supplemental agreement or terminated as provided in this A~eement. 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 Allen City Manager or designee is authorized to act on behalf of Allen in all matters relating to the Cooperative Purchasing Program. Alien shall make payments directly to the vendor under contract for bid no. 75-99-36. 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 &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 this Agreement. 9. Governine 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 &the State of Texas; and venue for any action concerning this Agreement shall be in the State District Court of Dallas County, Texas. INTERLOCAL COOPERATION AGREEMENT 10. Entire Aereement: 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 ~.~dayof c, jt~qt, t~j ,2000. CITY OF ALLEN, TEXAS ~i~GAS, CITY Po~'~~lrcle MANAGER Allen, Texas 75013 ATTEST: TY ~f~CRETARY INTERLOCAL COOPERATION AGREEMENT EXECUTED this '~'(~_ day of~ 2000. CITY OF THE COLONY, TEXAS By: ~.~ /¢?~z~~A~ LA~~AI~ERT, ~ITY ~AGER 5151 No~h Colony Blvd. The Colony, Tex~s 75056 ATTEST: CITY SEC~T~Y INTERLOCAL COOPERATION AGREEMENT