HomeMy WebLinkAboutRes 2010-11-07 Mutual Cooperative Purchasing Agreement-Irving-Fuel.pdfCITY OF ANNA, TEXAS
RESOLUTION NO. 2010-11-07
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING A MUTUAL
COOPERATIVE PURCHASING AGREEMENT WITH THE CITY OF IRVING;
AUTHORIZING THE CITY MANAGER TO EXECUTE SAME ON BEHALF OF THE
CITY; AND AUTHORZING THE CITY MANAGER TO PURCHASE FUEL THROUGH
SAID AGREEMENT
WHEREAS, the City of Irving, Texas and the City of Anna, Texas (the "City") desire to
enter into a Mutual Cooperative Purchasing Agreement (the "Agreement") 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; and
WHEREAS, the City Council of the City of Anna, Texas (the "City Council") finds that
approval of this Agreement is in the best interests of the citizens of Anna; and
WHEREAS, the City's Financial Policies require that all purchases above $50,000 must
be purchased under formal competitive sealed bidding rules or as other wise permitted
by the Local Government Code under Chapters 252 and 271; and
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, attached hereto as EXHIBIT 1,
incorporated herein for all purposes and authorizes the City Manager to execute same
on behalf of the City.
Section 3. Authorization to Purchase Fuel
The City Council hereby authorizes the City Manager to purchase fuel for the City
through this Agreement and to execute any contracts required for said purchase.
PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 23rd
day of November 2010.
ATTEST:
STATE OF TEXAS §
§
COUNTIES OF
DALLAS AND COLLIN §
MUTUAL COOPERATIVE PURCHASING AGREEMENT
'This Interlocal Cooperation Agreement ("Agreement") is by and between the City of
Anna, Texas ("Anna"), and the City of Irving, Texas ("Irving"), 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 791.011 of the TEX .GOY'T. CODE authorizes a local government
to contract or agree with another local government to perfonn governmental functions and
services; 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
or a local cooperative organization; 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 and materials; and
WHEREAS, each party has and will on an annual basis obtain competitive bids for the
purchase of goods and services; and
WHEREAS, the parties desire to enter into a cooperative purchasing program which will
allow each party to purchase under goods and services under each other's competitively bid
contracts pursuant to Subchapter F, Chapter 271 of the TEx. Loc. GOV'T CODE;
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 for the cities of Irving and Anna 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.
n ___ 1
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 ("Effective Date"). Thereafter this Agreement shall automatically
renew for successive periods of one (1) year each under the terms and conditions stated herein,
unless sooner tenninated 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 designee are hereby 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 ofthe party.
5.3 Amendment: This Agreement may be amended by the mutual written agreement of both
parties hereto.
5.4 Severability: In the event anyone 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 Governing Law: The validity of this Agreement and any of its tenus and provisions as
well as the rights and duties of the parties, shall be governed by the laws of the State of Texas;
and venue for any action concerning this Agreement shall be in the State District Court of Dallas
County, Texas.
5.6 Entire A!!I"eement: 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.
5.7 Recitals: The recitals to this Agreement are incorporated herein.
5.8 Counterparts: This Agreement may be executed in any number of counterparts, each of
whom shall be deemed ~original and co~one and the same instrument
EXECUTED this 23 day of X~~1<,,-,2010.r
CITY OF ANNA, TEXAS
~.A••(~.LI!/
AP{?\~FORM:
EXECUTED this __day _______,2010.
CITY OF IRVING, TEXAS
By: ____________________
HERBERT A. GEARS, MAYOR
ATTEST:
Shanae Jennings, Acting City Secretary
City Secretary
APPROVED AS TO FORM:
City Attorney's Office