HomeMy WebLinkAbout1998-249ORDINANCE NO
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
AGREEMENT WITH THE CITY OF THE COLONY RELATING TO
PARTICIPATION IN VARIOUS CITY OF DENTON CONTRACTS WHICH
PROVIDE FOR THE PURCHASE OF GOODS AND SERVICES, AND DECLARING
AN EFFECTIVE DATE (FILE # 2272 — INTERLOCAL AGREEMENT WITH THE
CITY OF THE COLONY, TEXAS)
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I That the City Manager is hereby authorized to execute a Interlocal
Agreement with the City of The Colony Texas relating to participation in the City of
Denton contract which provides for the purchase of office supplies and similar material,
a copy of such agreement is attached hereto and incorporated by reference
SECTION II That this ordinance shall become effective immediately upon its
passage and approval
PASSED AND APPROVED this the day of
1998
Jac filler, Mayor
ATTEST
JENNIFER WALTERS, CITY SECRETARY
BY
APP OVED AS TO LEGAL FORM
HERBEEyyRJJT L\\PR,,OUTY, CITY ATTORNEY
BY /'�lrt 1�GJd , X
INTERLOCAL AGREEMENT FILE 2272 ORDINANCE
THE STATE OF TEXAS
COUNTY OF DENTON
INTERLOCAL AGREEMENT
This Interlocal Agreement ("Agreement") is entered into to be effective the 7d'
day of July, 1998, under and in accordance with the provisions of the Interlocal
Cooperation Act, Chapter 791, Texas Government 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 Interlocal 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 herem their respective
responsibilities, obligations and rights relative thereto
NOW THEREFORE, The Colony and Denton for the mutual consideration
hereinafter stated, agree and understand as follows
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 Tins 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
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
In the event that any dispute arises between an individual municipality and
the successful bidder, the same shall be handled between the two disputmg
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
This Agreement expressed the entire agreement between the parties hereto
regarding the subject matter contained herem 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
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 mvaltd, illegal or unenforceable, such provision shall be
My severable herefrom 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
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 6'h day of July, 1998, and executed by its
authorized representative
CITY OF THE COLONY
AT ST:
Patti Hicks, Uy Secretary
APPROVED AS TO FORM:
John , City Attorney
APPROVED BY THE CITY COUNCIL FOR THE CITY OF DENTON,
TEXAS, in its meeting held on the_�day of Q, , 1998, and executed
by its authorized representative
CITY OF DENTON
By
ATTEST:
NAILSCity Secretary
APPROVED AS TO FORM:
-�? , i
City Attorney