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HomeMy WebLinkAboutRes 2018-08-467 Desoto Purchase AgreementCITY OF ANNA, TEXAS RESOLUTION NO.CO(ff- 9- 4U 1 A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT BETWEEN THE CITY OF ANNA AND CITY OF DESOTO, TEXAS FOR COOPERATIVE PURCHASING AS AUTHORIZED BY SECTION 271.102 OR THE TEXAS LOCAL GOVERNMENT CODE. WHEREAS, the City Council of the City of Anna, Texas ("City Council") has determined that it is in the best interest of the City to enter into that certain Inter -Local Agreement for Cooperative Purchasing with the City of Desoto, Texas, which authorizes the Anna Police Department (Department) to purchase a records management solution through Zuercher Technologies using the City of Desoto's contract pricing; and WHEREAS, the City Council finds that the aforementioned Agreement attached hereto as EXHIBIT "A", is vital to support the Department's Mission and the City of Anna's Strategic Plan with regard to cooperative agreements and transparency; and WHEREAS, the City Council desires to authorize the City Manager to execute the above -referenced Agreement attached hereto as EXHIBIT "A", with the City of Desoto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Approval of Agreement The City Council hereby approves the Agreement and authorizes the City Manager to execute any associated documents necessary to consummate the Agreement. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 14th day of August 2018. �ttuuiu�,��.,___) ATTEST: City Secretary Carrie L. Smith ,��•••,.....OF.A/k OVED: 10ayc?Nate Pike TEX RES. PAGE 1 of 1 Inter -Local Agreement for Cooperative Purchasing STATE OF TEXAS § § INTERLOCAL COOPERATION AGREEMENT COUNTY OF DALLAS § This Inter -local Cooperation Agreement ("Agreement") is by and between the City of Desoto, Texas ("DeSoto"), and the undersigned Local Governments of the State of Texas, namely the City of Anna, Texas ("Anna"), acting by and through their authorized officers. RECITALS: WHEREAS, this Agreement is authorized by Chapter 791 of the Texas Government Code and Subchapter F, Chapter 271, Texas Local Government Code; and WHEREAS, Section 271.102 of the TEX. Loc. Gov'T CODE authorizes a local government to participate in a Cooperative Purchasing Program with another local government of this state or another state or a local cooperative organization of this state or another state; and WHEREAS, a local government that purchases goods and services pursuant to a Cooperative Purchasing Program, with another local government, satisfies the requirement of the local government to seek competitive bids for the purchase of the goods, services and materials; and WHEREAS, the parties desire to enter into a cooperative purchasing program which will allow each party to purchase goods and services under each other's competitively bid contracts pursuant to Subchapter F of the Texas Local Government Code and satisfies any state law requiring the local government to seek competitive bids for the purchase of the goods or service; NOW THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties agree as follows: ARTICLE I PURPOSE The purpose of this Agreement is to establish a cooperative purchasing program between the parties, which will allow each party to purchase goods and services under each other's competitively bid contracts pursuant to Subchapter F, Chapter 271 of the TEx. Loc. Gov'T CODE. ARTICLE II TERM The term of this Agreement shall be for a period of one (1) year commencing on the last date of execution hereof August 14, 2018. Thereafter, this Agreement shall automatically renew Inter Local Agreement for Cooperative Purchasing 72873 for successive periods of one (1) year each under the terms and conditions stated herein, unless sooner terminated as provided herein. ARTICLE III TERMINATION Either party may terminate this Agreement by providing thirty (30) days prior written notice to the other party. ARTICLE IV PURCHASING The City Manager or other designee for each party is authorized to act on behalf of the respective party in all matters relating to this cooperative purchasing program. Each party shall make payments to the other party or directly to the vendor under the contract made pursuant to Subchapter F, Chapter 271 of the TEX. Loc. Gov'T CODE. Each party shall be responsible for the respective vendor's compliance with provisions relating to the quality of items and terms of delivery. ARTICLE V MISCELLANEOUS 5.1 Relationship of Parties: This Agreement is not intended to create, nor should it be construed as creating, a partnership, association, joint venture or trust. 5.2 Notice: Any notice required or permitted to be delivered hereunder shall be deemed received when sent in the United States Mail, Postage Prepaid, Certified Mail, Return Receipt Requested, or by hand -delivery or facsimile transmission addressed to the respective party at the address set forth below the signature of the party. 5.3 Amendment: This Agreement may be amended by the mutual written agreement of both parties hereto. 5.4 Severability: In the event any one 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 the other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement. 5.5 Entire Agreement: This Agreement represents the entire agreement among the parties with respect to the subject matter covered by this Agreement. There is no other collateral, oral or written agreement between the parties that in any manner relates to the subject matter of this Agreement. 5.6 Recitals: The recitals to this Agreement are incorporated herein. Inter Local Agreement for Cooperative Purchasing 72873 5.i1 C our ter pants: 1111 is A greeme nl maybe eal eciule d its Flny nu Crib e r cif cc utl It rF ails, each c f u hornsli all b e c eelmeld an c r.Sinial anc cc nslitt to one arc the samei instal merit. E XECUTIED his 7 c a} c f ✓C �✓, 2Q 1& ATTEST: By ( I QW4,W05— sha Morris, City Secretary APPROVED AS TO RM A"k Jo ph I. Go Ida Irl CitqAtlorneN C IT OF BESOTICI, TEXAS By: ` Tarron J. Richardson, Ph.D., (lily Marlageir 2' 1 B. Aleieisanil Run Roac, Stites A Be& tc, TkDias 7f ] 151 C IT1Y OF 10 ESOTO, TEXAS .0 DeSO C1 C4I a4 �} COO Inta Load Algn errant ron Cloogentive Pun ha Bing 7: g7] HXE CIUTEID tH is ��day of 21019. CITY OF Al` r\ A, TEXAS By,•' Mauricie Sclhk ankc, I dterim Cliq Managcir 1(I I S. Pcmic 11 Partway Arena, lemu 154091 ATTE SII: BN: Clanria Srnith,'Crify Secretary FOR PITY OF ANNA, A 11PRC MED A S ICI FORM E N: ( ' CC, Claik MclCciy, Ci Attclrr eiy CIT! Is tau Lol i l A Igreemenl ror cloopmlive Pt rt hn s in j 72973