HomeMy WebLinkAbout01-1106 08-14-2001RESOLUTION NO. 01 -1106
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EULESS,
TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN
INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF
EULESS, TEXAS, AND ANY PARTICIPATING GOVERNMENTAL
ENTITY IN THE NORTH TEXAS AREA DEMANDSTAR USERS GROUP,
ESTABLISHING A COOPERATIVE PURCHASING PROGRAM FOR
GOODS AND SERVICES; DESIGNATING THE PURCHASING
MANAGER AS OFFICIAL REPRESENTATIVE OF THE CITY IN
MATTERS RELATING TO THE PROGRAM; AUTHORIZING ITS
EXECUTION BY THE CITY MANAGER, OR HIS DESIGNEE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, currently thirty -one (31) governmental agencies in the North Texas area
are using Demandstar by Onvia, an Internet -based bid distribution system; and
WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government
Code, authorizes local government entities to contract with each other to perform
government functions and services under the terms thereof; and
WHEREAS, the City Council has been presented a proposed Interlocal Agreement by
and between the City of Euless, Texas, and any participating govemmental entity in the
NORTH TEXAS AREA DEMANDSTAR USERS GROUP, establishing a cooperative
purchasing program for goods and services, a copy of which is attached hereto as
Exhibit "A" and incorporated herein by reference (hereinafter called "Agreement "); and
WHEREAS, upon full review and consideration of the Agreement, and all matters
attendant and related thereto, the City Council is of the opinion that the terms and
conditions thereof should be approved, that the Purchasing Manager should be
designated as the official City representative in matters relating to the program, and
that the City Manager, or his designee shall be authorized to execute it on behalf of the
City of Euless.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EULESS, TEXAS;
Section I. The terms and conditions of the Agreement, having been reviewed by
the City Council of the City of Euless and found to be acceptable and in the best
interests of the City of Euless and its citizens, are hereby in all things approved.
Section 11. The Purchasing Manager of the City of Euless is hereby designated
as the official representative to act for the City in all matters relating to the Cooperative
Purchasing Program including the designation of specific contracts in which the City
desires to participate.
Section 111. The City Manager, or his designee, is hereby authorized to execute
the Agreement and all other documents in connection therewith on behalf of the City of
Euless, substantially according to the terms and conditions set forth in the Agreement.
Section IV. This Resolution shall become effective immediately upon its
passage.
PASSED AND APPROVED by the City Council of the City of Euless, Texas, on
this the 14th day of August, 2001, by a vote of 7 ayes, n nays, and 0
abstentions.
APPROVED:
Mary Lib S
ATTEST:
�„/.%►.�, ter,,._
usan Crim, C, City Secretary
Resolution No. 01 -1106, Page 2 of 2
INTERLOCAL AGREEMENT
This agreement made and entered into this 4 day of
August , 2001, by and between the participating governmental
entities in the NORTH TEXAS AREA DEMANDSTAR USERS GROUP
(hereinafter called "USERS GROUP ") and the CITY OF EULESS, TEXAS
(hereinafter called "EULESS ") each acting by and through its duly authorized
officials:
WHEREAS, USERS GROUP is composed of local governments engaged
in the purchase of goods and services, which is a recognized governmental
function;
WHEREAS, USERS GROUP participants and EULESS 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 USERS GROUP participants and EULESS may purchase
various goods and services commonly utilized by each entity;
WHEREAS, participation in a Cooperative Purchasing Program will be
highly beneficial to the taxpayers of USERS GROUP participants and EULESS
through the anticipated savings to be realized and is of mutual concern to the
contracting parties;
WHEREAS, USERS GROUP participants and EULESS 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; USERS GROUP
participants and EULESS agree as follows:
1. USERS GROUP participants and EULESS will cooperate to provide a
program for the purchase of various goods and services commonly
utilized by all participants, where available and applicable, ( "Cooperative
Purchasing Program ") and under such program may purchase goods and
services from vendors under present and future contracts.
2. USERS GROUP participants and EULESS will enter into individual
contracts with vendors under the Cooperative Purchasing Program
provided for under this Agreement. USERS GROUP participants and
EULESS 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 individual contracts. USERS
GROUP participants and EULESS shall each make their respective
payments from current revenues available to the paying party.
3. The term of the Agreement shall be for five (5) years from the date hereof
and may be renewed for two (2) additional five (5) year terms. Any
renewal of this Interlocal Agreement shall be in writing and signed by the
parties hereto, individually, at least thirty (30) days prior to any
termination date.
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 entities at the address set forth below the signatures
hereto.
5. The undersigned officer and/or agents of the parties 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, each of which shall be
deemed an original and all of which together shall constitute one and the
same instrument.
EXECUTED hereto on the day and year first above written.
CITY OF �: S EXAS
BY: . /.�� _
/J'
TITLE: M/ ..!: �'I
201 N. - Drive
Euless, TX 76039 -3595
STATE OF TEXAS
COUNTY OF TARRANT )
This instrument was acknowledged before me on the /J day of
M1,1 t1 , 2001, by JOE C. HENNIG, City Manager of the CITY OF
EULESS; TEXAS, a home -rule municipal corporation, on behalf of such
corporation.
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