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
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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
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ATTEST:
By
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sha Morris, City Secretary
APPROVED AS TO RM
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Jo ph I. Go Ida Irl CitqAtlorneN
C IT OF BESOTICI, TEXAS
By: `
Tarron J. Richardson, Ph.D., (lily Marlageir
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C IT1Y OF 10 ESOTO, TEXAS
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HXE CIUTEID tH is ��day of 21019.
CITY OF Al` r\ A, TEXAS
By,•'
Mauricie Sclhk ankc, I dterim Cliq Managcir
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ATTE SII:
BN:
Clanria Srnith,'Crify Secretary
FOR PITY OF ANNA, A 11PRC MED A S ICI FORM
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