HomeMy WebLinkAboutOrdinance No. 98-1043 · ORIGINAL
oF coLoNy, TExas
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
INTERLOCAL AGREEMENT WITH THE CITY OF DENTON FOR THE
PURCHASE OF OFFICE SUPPLIES; ATTACHING THE APPROVED
FORM OF CONTRACT AS EXHIBIT "A"; AND PROVIDING AN
EFFECTIVE DATE
BE IT ORDAINED 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
to execute on behalf of the City an Interlocal Agreement with the City of Denton for the purchase of
office supplies. The approved form of contract is attached hereto as Exhibit "A", and made a part
hereof for such purposes.
SECTION 2. This Ordinance shah take effect immediately from and after its passage by the
City Council of the City of The Colony, Texas.
DULY PASSED AND APPROVED by the City Council of the City of The Colony, Texas
this 6th day of Julyl9 98.
APPROVED:
,?
Mary Blair W~tts, Mayor
Patti A. Hicks, TRMC, City Secretary
APPROVED AS TO FORM:.
THE STATE OF TEXAS
COUNTY OF DENTON
IN-TERLOCAL AGREEMENT
This Interiocal Agreement ("Agreement") is entered into to be effective the 7*
day o£ July, 1998, under and in accordance with the provisions o£the knteriocal
Cooperation Act, Chapter 791, Texas Govermnent Code, by and between the CITY OF
THE COLONY, TEXAS, a political subdivision of the state of Texas (hereinafter "The
Colony", and the CITY OF DENTON, TEXAS, also a political subdivision of the State
of Texas (hereinafter "Denton").
Whereas, The Colony and Denton mutually desire to be subject to the provisions
of the Texas Government Code, Chapter 791, the knterlocal Cooperation Act, specifically
§791.025 regarding contracts for the purchase of goods and services; and
Whereas, The Colony and Denton have agreed to the cooperative purchasing of
office supplies and similar material and desire to set forth herein their respective
responsibilities, obligations and rights relative thereto.
NOW TI-FE. REFORE, The Colony and Denton for the mutual consideration
hereinafter stated, agree and understand as follows:
1. Cooperative Purchasing
a. It is understood and agreed that Denton currently has a contract for goods
and services with BT Office Products, for which Denton competitively bid
and awarded same under the laws of the State of Texas.
b. This Agreement shall be in full force and effect for the duration of the
contract between Denton and BT Office Products unless this Agreement is
terminated by either party upon thirty (30) days written notice to the other
if deemed to be in the best interest of the municipality.
c. The Colony and Denton intend that the entity, in receiving products and/or
services specified in this Agreement, shall act as independent purchaser
and shall have control of its needs and the manner in which they are
acquired. Neither The Colony or Denton, their agents, employees,
volunteer help, nor any other person operating under this Agreement, shall
be considered an agent or employee of the other and shall not be entitled
to participate in any pension plans or other benefits that each entity
provides to its employees.
d. The Colony and Denton agree that the ordering of supplies and materials
purchased through this Agreement shall be the individual responsibility of
each and that the successful bidder shall bill each participating
municipality directly for the goods, services or materials ordered by it.
e. In the event that any dispute arises between an individual municipality and.'
the successful bidder, the same shall be handled between the two disputing
parties.
f. Each participating government shall be liable to the successful bidder only
for supplies or materials ordered and received by it and shall not, by the
execution of this Agreement, assume any additional liability.
2. Miscellaneous
a. This Agreement expressed the entire agreement between the parties hereto
regarding the subject matter contained herein and may not be modified or
amended except by written agreement duly executed by both parties.
b. The Agreement had been duly and properly approved by each party's
governing body and constitutes a binding obligation on each party.
c. This Agreement shall be construed in accordance with the laws of the
State of Texas and venue for all purposes hereunder shall lie in Denton
County, Texas.
d. If any provision hereof is determined by any court of competent
jurisdiction to be invalid, illegal or unenforceable, such provision shall be
fully severable herefxom and the Agreement shall be construed and
enforced as if such invalid, illegal or unenforceable provision never
comprised a part hereof, and the remaining provisions shall continue in
full force and effect.
e. This Agreement is not intended to extend the liability of the parties
beyond that provided by law. Neither The Colony nor Denton waives any
immunity or defense that otherwise would be available to it against claims
by third parties.
APPROVED BY THE CITY COUNCIL FOR THE CITY OF THE
COLONY, TEXAS, in its meeting held on the 6t~ day of July, 1998, and executed by its
authorized representative.
CITY OF THE COLONY
anny~)pt~, City 1V~a~ager
Patti Hicks, ~i~y Secretary
APPROVED AS TO FORM:
APPROVED BY THE CITY COUNCIL FOR Tm~, CITY OF DENTON,
TEXAS, in its meeting held on the 1 day of September , 1998, and executed
by its authorized representative.
CITY OF DENTON
ATTEST:
, City Secretary
APPROVED AS TO FORM:
, City Attorney