HomeMy WebLinkAboutResolution No. 07-093
CITY OF THE COLONY, TEXAS
RESOLUTION NO. 07-093
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS,
AUTHORIZING THE PURCHASE OF ULTRA LOW SULFUR
AND DYED ULTRA LOW SULFUR DIESEL FUEL; THAT THE
PURCHASE WILL BE FROM MILLEN OIL COMPANY, AS
PROVIDED IN EXHIBIT "A", WHICH IS ATTACHED HERETO
AND INCORPORATED HEREIN BY AN INTERLOCAL
AGREEMENT FOR COOPERATIVE PURCHASING WITH THE
COUNTY OF ROCKW ALL, TEXAS; 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 Council of the City of The Colony, Texas hereby
awards a bid and approves the purchase of Ultra Low Sulfur and Dyed Ultra Low Sulfur
diesel fuel from Millen Oil Company, as provided in Exhibit A, which is attached hereto
and incorporated herein by an lnterlocal Agreement for Cooperative Purchasing with the
county of Rockwall, Texas.
Section 2. That the City Manager or his designee IS authorized to Issue
appropriate purchase order(s).
Section 3.
passage.
That this resolution shall take effect immediately from and after its
PASSED AND APPROVED by the City Council of the City of The Colony,
Texas, this the 5th day of November. 2007.
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Agreement No. 000001
INTERLOCAL AGREEMENT FOR COOPERATIVE PURCHASING
BETWEEN THE COUNTY OF ROCKWALL, TEXAS AND
THE CITY OF THE COLONY, TEXAS
This Inter/ocal Agreement for Cooperative Purchasing is made and entered into
this 13th day of June, 2005, between the County of Rockwall, Texas and the City of The
Colony, Texas (hereinafter "Agreement").
WITNESSETH:
WHEREAS, the County of Rockwall, Texas (hereinafter called "Rockwall") and
the City of The Colony, Texas (hereinafter called "The Colony") (collectively referred to
as "Participants") as permitted under the authority of Section 271.101 - 271.102 of the
Texas Local Government Code, wish to enter into this Interlocal Agreement to set forth
the terms and conditions upon which Rockwall and The Colony may purchase various
goods and services commonly utilized by both entities;
WHEREAS, the Participants are authorized by the Interlocal Cooperation Act,
V.T.C.A. Government Code, Chapter 791, to enter into joint contracts and agreements
for the performance of governmental functions and services including administrative. ~
functions normally associated with the operation of government such as purchasing of
necessary materials and supplies; and
WHEREAS, participation in a Cooperative Purchasing Program will be highly
beneficial to the taxpayers of Rockwall and The Colony through the anticipated savings
to be realized.
NOW, THEREFORE, in consideration of the foregoing and the mutual promises,
covenants and obligations as set forth herein, Rockwall and The Colony agree as
follows:
1. Both Participants will work cooperatively to provide a program for the purchase of
various goods and services commonly utilized by Participants ("Cooperative
Purchasing Program"), and under such Cooperative Purchasing Program may
purchase goods and services from vendors under present and future contracts
with either entity.
2. The Participants will enter into individual contracts with vendors under the
Cooperative Purchasing Program provided for under this Agreement The
Participants shall be Individually responsible for payment directly to the vendor
and for the vendors compliance with all conditions of delivery and quality of
purchased items under such individual contracts.
3. The term of this Agreement shall be for one (1) year from the date hereof and
Interlocal: Rockwall County & The Colony
Page I of 4
Agreement No. 000001
may be renewed for two (2) additional one (1) year terms. Any renewal of this
Interlocal Agreement shall be in writing and signed by each party hereto at least
thirty (30) days prior to any termination date.
4. Notwithstanding anything herein to the contrary, participation in this Agreement
by Rockwall or The Colony may be terminated upon thirty (30) days written notice
to the other entity.
5. Rockwall designates Sandra Hollomon, or his or her designee, to act on its behalf
in all matters relating to the Cooperative Purchasing Program and The Colony
designates Robert S. Sparkman, or his or her designee, to act on its behalf in all
matters relating to the Cooperative Purchasing Program.
6. Miscellaneous Provisions.
a) Notice. Any notice required to be sent under this Agreement must be in
writing and may be served by depositing same in the United States Mail,
addressed to the party to be notified, postage pre-paid and registered or
certified with return receipt requested, or by delivering the same in person to
such party via a hand-delivery service, Federal Express or any courier
service that provides a return receipt showing the date of actual delivery of
same to the addressee thereof, Notice given in accordance herewith shall
be effective upon receipt at the address of the addressee. For purposes of
notice, the addresses of the parties shall be as follows:
If to Rockwall, to
Sandra Hollomon, Purchasing Agent
County of Rockwall
101 E. Rusk St., Room 101
Rockwall, Texas 75087
If to The Colony, to:
Dale A. Cheatham, City Manager
City of The Colony
6S00 Main Street
The Colony, TX 75056
b) Entire AQreement. This Agreement contains the entire agreement of the
parties with respect to the matters contained herein and may not be
modified or terminated except upon the provisions hereof or by the mutual
written agreement of the parties hereto.
c) Venue. This Agreement shall be construed in accordance with the laws of
the State of Texas and shall be performable in Rockwall County, Texas.
Jnterlocal: Rockwall County & The Colony
Page 2 of 4
Agreement No. 000001
d) Consideration. This Agreement is executed by the parties hereto without
coercion or duress and for substantial consideration, the sufficiency of
which is forever confessed.
e) Counterparts. This Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes.
f) Authoritv to Execute. The individuals executing this Agreement on behalf of
the respective parties below represent to each other and to others that all
appropriate and necessary action has been taken to authorize the individual
who is executing this Agreement to do so for and on behalf of the party for
which his or her signature appears, that there are no other parties or entities
required to execute this Agreement in order for the same to be an
authorized and binding agreement on the party for whom the individual is
signing this Agreement and that each individual affixing his or her signature
hereto is authorized to do so, and such authorization is valid and effective
on the date hereof.
g) Savinqs/Severabilitv. In case anyone 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 any other provision thereof, and this Agreement shall be
construed as if such invalid, illegal or unenforceable provision had never
been contained herein.
h) Representations. Each signatory represents this Agreement has been read
by the party for which this Agreement is executed and that such party has
had an opportunity to confer with its counsel,
i) Miscellaneous Draftinq Provisions. This Agreement shall be deemed drafted
equally by all parties hereto. The language of all parts of this Agreement
shall be construed as a whole according to its fair meaning, and any
presumption or principle that the language herein is to be construed against
any party shall not apply. Headings in this Agreement are for the
convenience of the parties and are not intended to be used in construing
this document.
j) Sovereian Immunitv. The parties agree that no party has waived its
sovereign immunity by entering into and performing their respective
obligations under this Agreement.
k) Assianment. This Agreement or any part thereof shall not be assigned or
transferred by any party without the prior written consent of the other party.
I) Hold Harmless. Each party agrees to release, except, hold harmless and
Inter1oca1: Rockwall County & The Colony
Page 3 of 4
Agreement No, 000001
forever discharge the other party and its respective agents, servants,
employees, and all persons, natural or corporate, from any and all claims or
causes of action or damages of any kind whatsoever, past, present or future
which may arise, known or unknown and which are directly or indirectly
attributable to this agreement.
EXECUTED hereto on the day and year first above written.
County of Rockwall, Texas
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By." ;,: ~-)(':/ j( ~;' 1/;, it,}
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Bill 'Bell, CountY Judge
City of The Colony, Texas
By:
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Dale A. Cheatham, City Manager
Attest:
Attest:
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Paulette Burks, County Clerk
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'l.<d"l..< i. l.t. /{t{.~>~.),_...
Christie Wilson, City Secretary
lnterlocal: Rockwal1 County & The Colony
Page 4 of 4