1998-249AN 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 th~s the / ~'-~ day of ~
1998
Jac~I~ler, Mayor
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APP2VED AS TO LEGAL FORM
HERBERT L PROUTY, CITY A~TORNEY
INTERLOCAL AGREEMENT FILE 2272 ORDINANCE
THE STATE OF TEXAS
COUNTY OF DENTON
INTERLOCAL AGREEMENT
This Interlocal Agreement ("Agreement") is entered rote to be effective the 7~
day of Suly, 1998, under and m accordance with the provisions of the Interlocal
Cooperation Act, Chapter 791, Texas Government Code, by and between the CITY OF
THE COLONY, TEXAS, a pohUcal subchvlslon of the state of Texas (heremaiter "The
Colony", and the CITY OF DENTON, TEXAS, also a political subdiwsxon of the State
of Texas (herem~er "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 supphes and s~m~lar matarml and desire to set forth hereto their respective
responsibilities, obhgatlons and rights relative thereto
NOW THEREFORE, The Colony and Denton for the mutual consideration
heremaiter stated, agree and understand as follows
1 Coonerafive Purchasing
a It is understood and agreed that Denton currently has a contract for goods
and serwces 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 m full force and effect for the duration of the
contract between Denton end BT Office Products unless flus Agreement is
ternunated by either party upon thirty (30) days written notice to the other
if deemed to be m the best interest of the mumclpahty
c The Colony and Denton intend that the entity, m receiving products and/or
servaces specified m flus Agreement, shall act as independent purchaser
and shall have control of its needs and the manner m 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 m 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 flus Agreement shall be the md~vldual responsibility of
each and that the successful bidder shall bill each partlclpatmg
mumcipallty directly for the goods, services or materials ordered by it
e In the event that any dispute ansas between an mdivldual 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
executtun of tins Agreement, assume any additional hablhty
2 Miscellaneous
a This Agreement expressed the enttre agreement between the parties hereto
regarding the subject matter contamed hereto and may not be modified or
amended except by written agreement duly executed by both parties
b The Agreemant had been duly and properly approved by each party's
govermng body and oonstttutes a bmdmg obligation on each party
c This Agreement shall be construed m accordance with the laws of the
State of Texas and venue for all pu~oses hereunder shall lie m Denton
County, Texas
d If any provision hereof is detemuned by any court of competent
jurisdiction to be mvalld, illegal or unenforceable, such provision shall be
fully severable herefrom and the Agreement shall be construed and
enforced as If such mvalld, illegal or unenforceable provision never
compnsed a part hereof, and the remauung provisions shall continue m
full force and effect
e This Agreement is not mtended to extend the liability of the parties
beyond that provided by law Neither The Colony nor Denton waves any
immumty or defense that othervase would be available to it agamst clams
by third parties
APPROVED BY THE CITY COUNCIL FOR THE CITY OF THE
COLONY, TEXAS, m its meeting held on the 6t~ day of July, 1998, and executed by its
authorized representative
CITY OF TIq'F~ COLONY
By Lanny-a~,'C~ty lV~a~ager - ~
Patti I-hcks, City Secretary
APPROVED AS TO FORM:
.-~.. PROVED BY T~ CITY COUNCIL FOR T~ CITY OF DENTON,
TEXA~, m lt~ meetm8 held on. the [~'~----~ day of~2~, 1998, and executed
by tts authonzed representaUve
CITY OF DENTON
ATTEST:
, City Secretary
APPROVED AS TO FORM:
, City Attorney