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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