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HomeMy WebLinkAboutResolution No. 11-05 Purchasing Agreement with McKinney RESOLUTION NO. 11-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL AGREEMENT FOR A PURCHASING COOPERATIVE BETWEEN THE CITY OF UNIVERSITY PARK, TEXAS AND THE CITY OF MC KINNEY FOR THE PURPOSE OF PURCHASING GOODS AND SERVICES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 791 of the Texas Government Code ("Interlocal Cooperation Act") , authorizes local government entities to enter into interlocal contracts for governmental purposes; and WHEREAS, the Texas Government Code 791.006 specifically authorizes interlocal agreements for the purchase of goods and services; and WHEREAS, upon full review and consideration of the attached Interlocal Agreement, the City Council is of the opinion and finds that the terms and conditions of said Agreement should be approved, and that the Mayor is authorized to execute the Agreement on behalf of the City of University Park, Texas; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS, THAT: SECTION 1. The Interlocal Agreement with the City of Mc Kinney to participate in a purchasing cooperative, attached hereto as Exhibit "A" and incorporated herein by reference, having been reviewed by the City Council of the City of University Park, Texas, and found to be acceptable and in the best interest of the City and its citizens, is hereby in all things approved, and the City Manager is hereby authorized to execute the Agreement on behalf of the City of University Park, Texas. SECTION 2. The City Manager or his designee is authorized to execute any other documents or take any other administrative steps necessary to give effect to this Resolution. SECTION 3. This Resolution shall take effect immediately from and after its passage, and it is accordingly so resolved. DULY RESOLVED AND ADOPTED by the City Council of the City of University Park, Texas, this the 19th day of July 2011. APPROVED AS TO FORM: ~, Q\QQ& CITY ATTORNEY (rld/6-30-11/50042) APPROVED: ~~~. W. RICHARD DAVIS, MAYOR ATTEST: 2 EXHIBIT A INTERLOCAL AGREEMENT This agreement made and entered into this /9rll day of J/JL ~ 2011, by and between the City of University Park (hereinafter called "UNIVERSITY ARK") and the CITY OF MCKINNEY, TEXAS (hereinafter called "MCKINNEY"), each acting by and through its duly authorized officials: WHEREAS, UNIVERSITY PARK and MCKINNEY are both governmental entities engaged in the purchase of goods and services, which is a recognized governmental function; WHEREAS, UNIVERSITY PARK and MCKINNEY wish to enter into an Interlocal Agreement pursuant to Chapter 791 of the Texas Government Code (hereinafter "Interlocal Cooperation Act") to set forth the terms and conditions upon which UNIVERSITY PARK and MCKINNEY may purchase various goods and services commonly utilized by each entity; WHEREAS, participation in an interlocal agreement will be highly beneficial to the taxpayers of UNIVERSITY PARK and MCKINNEY through the anticipated savings to be realized and is of mutual concern to the contracting parties; WHEREAS, UNIVERSITY PARK and MCKINNEY have current funds available to satisfy any fees owed pursuant to this Agreement. NOW, THEREFORE, in consideration of the foregoing and the mutual promises, covenants and obligations as set forth herein; UNIVERSITY PARK and MCKINNEY agree as follows: 1. UNIVERSITY PARK and MCKINNEY may cooperate in the purchase of various goods and services commonly utilized by the participants, where available and applicable, and may purchase goods and services from vendors under present and future contracts; 2. UNIVERSITY PARK and MCKINNEY shall each be individually responsible for payments directly to the vendor and for the vendor's compliance with all conditions of delivery and quality of purchased items under such contracts. UNIVERSITY PARK and MCKINNEY shall each make their respective payments from current revenues available to the paying party; 3. The Agreement shall be in full force and effect until terminated by either party; 4. Notwithstanding anything herein to the contrary, participation in this Agreement may be terminated by any party upon thirty (30) days written notice to the other participating entity (ies); 5. The undersigned officer and/or agents of the party(ies) hereto are duly authorized officials and possess the requisite authority to execute this Agreement on behalf of the parties hereto; 6. This Agreement may be executed separately by the participating entities, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. 3 EXECUTED on the day and year first above written. CITY OF MCKINNEY, TEXAS Jason Gray, City Manager ATTEST: Sandy Hart, TRMC, MMC City Secretary BLANCA I. GARCIA Assistant City Secretary APPROVED AS TO FORM: City Attorney STATE OF TEXAS ~ ~ COUNTY OF DALLAS This instrument was acknowledged before me on the day of 2011, by Bob Livingston, City Manager of the CITY OF UNIVERSITY PARK, TEXAS, a home rule municipal corporation, on behalf of such corporation. Notary Public in and for the State of Texas STATE OF TEXAS ~ ~ COUNTY OF COLLIN This instrument was acknowledged before me on the day of 2011, by of the CITY OF MCKINNEY, TEXAS, a home rule municipal corporation, on behalf of such corporation. Notary Public in and for the State of Texas 4