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RESOLUTION NO. 158
A RESOLUTION OF THE CITY OF KENNEDALE
AUTHORIZING THE CITY MANAGER TO EXECUTE AND
INTERLOCAL COOPERATIVE PURCHASING
AGREEMENT BY AND BETWEEN THE CITY OF PLANO
AND THE CITY OF KENNEDALE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Section 271.101, Local government Code, allows local governments to
participate in cooperative purchasing programs which allows the local governments to
purchase from a contract currently existing between another local government and a
vendor, and such process satisfies the state law competitive bid requirements; and
WHEREAS, Plano currently has a contract for products and/or services, and
Kennedale has a need for same and desires to enter into a Cooperative Purchasing
Agreement with Plano pursuant to Chapter 271 et seq. (Cooperative Purchasing
Program), Local Government Code; and
WHEREAS, Kennedale agrees to prepare, execute, and administer its own contract
with the vendor and the City of Plano shall not be a party to Kennedale's agreement
with the vendor.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF KENNEDALE, TEXAS, THAT:
The City Manager is hereby authorized to execute such interlocal cooperative
purchasing agreement to allow the City of Kennedale to purchase off of the City of
Plano's purchase agreements with various vendors.
PASSED AND APPROVED ON THIS THE 13TH DAY OF FEBRUARY,
2003, AT A REGULAR METING OF THE CITY COUNCIL OF THE CITY OF
KENNEDALE, TEXAS.
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CITY OF KENNEDALE, TEXAS
ark S. Wright, yor
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Kathy Tur er, City Secretary
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INTERLOCAL COOPERATIVE PURCHASING AGREEMENT ' `' ` '` `~ 4.~x (~
BY AND BETWEEN THE CITY OF PLANO, TEXAS AND
THE CITY OF KENNEDALE, TEXAS
THIS AGREEMENT is made and entered into by and between the CITY OF PLANO, a
home-rule municipal corporation located in Collin and Denton Counties, Texas (hereinafter referred
to as "PLANO"), and the CITY OF KENNEDALE, a home-rule municipal corporation located in
Tarrant County, Texas (hereinafter referred to as "KENNEDALE").
WHEREAS, Section 271.101, Local Government Code, allows local governments to
participate in cooperative purchasing programs which allows the local governments to purchase
from a contract currently existing between another local government and a vendor, and such process
satisfies the state law competitive bid requirements; and
WHEREAS, PLANO currently has a contract for products and/or services, and
KENNEDALE has a need for same and desires to enter into a Cooperative Purchasing Agreement
with PLANO pursuant to Chapter 271 et sea• (Cooperative Purchasing Program), Local
Government Code; and
WHEREAS, KENNEDALE agrees to prepare, execute, and administer its own contract
with the vendor and the City of Plano shall not be a party to KENNEDALE (City's) agreement with
the vendor.
NOW, THEREFORE, PLANO and KENNEDALE, for the mutual consideration
hereinafter stated, agree as follows:
I.
EFFECTIVE DATE
The effective date of this Agreement shall be effective upon execution by the parties.
Cooperative Purchasing Agreement with City of Kennedale
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II.
DUTIES OF KENNEDALE
KENNEDALE (City) agrees to prepare, execute, and administer its own contract with the
vendor and PLANO shall not be a party to the agreement with the vendor and the other
governmental entity. PLANO shall have no obligations for payment to vendor for any services or
goods incurred by any party other than PLANO. Any payments owed the vendor for services or
goods shall be paid directly by KENNEDALE. KENNEDALE will be responsible for the vendor's
compliance with provisions relating to the quality of items and terms of delivery; and any other
terms or conditions of its agreement with the vendor.
III.
TERIVIINATION
This Agreement may be terminated at any time, with or without cause, by either party giving
thirty (30) days advance written notice to the other party.
IV.
NOTICE
Notice as required by this Agreement shall be in writing delivered to the parties via
facsimile or certified mail at the addresses listed below. Each party shall notify the other in writing
within ten (10) days of any change in the information listed in this paragraph.
PLANO
Thomas H. Muehlenbeck
CITY MANAGER
City of Plano
P. O. Box 860358
Plano, Texas 75086-0358
Telephone: (972) 941-7121
Facsimile: (972) 423-9587
KENNEDALE
David Miller
City Manager
City of Kennedale
405 Municipal Dr.
Kennedale, TX 76060
Telephone (817) 478-5418 Extl 16
Facsimile: (817) 478-7169
Cooperative Purchasing Agreement with City of Kennedale
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V.
HOLD HARMi.ESS
Each party does hereby agree to waive all claims against, release, and hold harmless the
other party and its respective officials, officers, agents, employees, in both their public and private
capacities, from any and all liability, claims, suits, demands, losses, damages, attorneys fees,
including all expenses of litigation or settlement, or causes of action which may arise by reason of
injury to or death of any person or for loss of, damage to, or loss of use of any property arising out
of or in connection with this contract.
In the event of joint or concurrent negligence of the parties, responsibility, if any, shall be
apportioned comparatively in accordance with the laws of the State of Texas, without, however,
waiving any governmental immunity available to either party individually under Texas law.
PLANO shall be responsible for its sole negligence. KENNEDALE shall be responsible for its
sole negligence. The provisions of this paragraph are solely for the benefit of the parties hereto and
are not intended to create or grant any rights, contractual or otherwise, to any other person or entity.
VI.
ENTIRE AGREEMENT
This Agreement represents the entire and integrated agreement between PLANO and
KENNEDALE and supersedes all prior negotiations, representations and/or agreements, either
written or oral. This Agreement may be amended only by written instrument signed by both parties.
VII.
VENUE
This Agreement and any of its terms or provisions, as well as the rights and duties of the
parties hereto, shall be governed by the laws of the State of Texas, and this Agreement is
performable in Collin County, Texas. Exclusive venue shall be in Collin County, Texas.
Cooperative Purchasing Agreement with City of Kennedale - 3 -
VIII.
SEVERABILTTY
The provisions of this agreement are severable. In the event that any paragraph, section,
subdivision, sentence, clause, or phrase of this agreement shall be found to be contrary to the law, or
contrary to any rule or regulation having the force and effect of the law, such decisions shall not
affect the remaining portions of this agreement. However, upon the occurrence of such event, either
party may terminate this Agreement by giving the other party thirty (30) days written notice of its
intent to terminate.
IX.
AUTHORITY TO SIGN /CITY COUNCIL AUTHORIZATION
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.
KENNEDALE has executed this Agreement pursuant to the duly authorized resolution of the
KENNEDALE City Council on February 13 2003. PLANO has executed this
Agreement pursuant to the duly authorized Plano City Council Resolution No. 2002-2-15(R) dated
February 25, 2002.
X.
ASSIGNMENT AND SUBLETTING
The parties agree that the rights and duties contained in this Agreement will not be assigned
or sublet without the prior written consent of both parties.
XI.
INTERPRETATION OF AGREEMENT
This is a negotiated Agreement, should any part of this Agreement be in dispute, the parties
stipulate that the Agreement shall not be construed more favorably for either party.
Cooperative Purchasing Agreement with City of Kennedale - 4 -
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XII.
REMEDIES
No right or remedy granted herein or reserved to the parties is exclusive of any right or
remedy ganted by law or equity; but each shall be cumulative of every right or remedy given
hereunder. No covenant or condition of this Agreement may be waived without the express written
consent of the parties. It is further ageed that one (1) or more instances of forbearance by either
party in the exercise of its respective rights under this Ageement shall in no way constitute a waiver
thereof.
By:
EXECUTED in duplicate originals this
CITY OF PLANO, TEXAS
Thomas H. Muehlenbeck
CITY MANAGER
P. O. Box 860358
Plano, Texas 75086-0358
day of , 2003.
By:
OF KENNEDALE, TEXAS
CITY MANAGER
405 Municipal Dr.
Kennedale, TX 76060
APPROVED AS TO FORM:
Diane W etherbee, C:l l Y A l 1 U1CNb Y
Cooperative Purchasing Agreement with City of Kennedale
APPROVED AS TO FORM:
Wayne K. Olson, CITY ATTORNEY
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ACKNOWLEDGMENTS
STATE OF TEXAS )
COUNTY OF TARRANT )
CITY OF KENNEDALE, TEXAS
This instrument was aclrnowledged before me on the 14~' day of February 2003 by
DAVID MILLER, City Manager of the CITY OF KENNEDALE, TEXAS, ahome-rule
municipal corporation, on behalf of such corporation.
=~Yr` KATHY TURNER
i~•'`= MY COMMISSION EXPIRES
~/{j~!"1 Febmary 15, 2006
Nota Publi ,State of Texas
STATE OF TEXAS )
CITY OF PLANO, TEXAS
COUNTY OF TARRANT )
This instrument was aclrnowledged before me on the _ day of
2003 by THOMAS H. MUEHLENBECK, City Manager of the CITY OF PLANO, TEXAS, a
home-rule municipal corporation, on behalf of such corporation.
Notary Public, State of Texas
Cooperative Purchasing Agreement with City of Kennedale -6-