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Res 16-01 Authorizing an Interlocal Agreement with the City of Frisco for Uniform Purchase TOWN OF WESTLAKE RESOLUTION NO. 16-01 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS,AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE CITY OF FRISCO, TEXAS FOR PURCHASING FIRE DEPARTMENT UNIFORMS THROUGH COOPERATIVE BID# 1405-067 AWARDED TO RED THE UNIFORM TAILOR. WHEREAS, the City of Frisco and Westlake are both governmental entities engaged in the purchase of goods and services, which is a recognized governmental function; and, WHEREAS, the City of Frisco and Westlake wish to enter into this Agreement pursuant to Chapter 791 of the Texas Government Code (hereinafter "Interlocal Cooperation Act") to set forth the terms and conditions upon which City of Frisco and Westlake may purchase various goods and services commonly utilized by each party; and, WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety SECTION 2: That the Town of Westlake Town Council does hereby authorize the Town Manager to enter into the interlocal agreement, attached as Exhibit "A". SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 16-01 Page I of 5 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 25"DAY OF JANUARY 2016. ATTEST: ��J,IrAjg, Z/&,t La ra L. Wheat, Mayor i ' \. ,.,r` Kell Edwards, Town Secretary Thomas E. Bryme , T wn Manager APPROVED AS TO FORM: 0 g4N OF yy, M L. nton L , o n Attorney T , SIVA S.. Resolution 16-01 Page 2 of 5 EXHIBIT "A" INTERLOCAL AGREEMENT This Interlocal Agreement ("Agreement") is made and entered into this . 25th day of January, 2016, by and between the CITY OF FRISCO, Texas (hereinafter called "CITY OF FRISCO"), and the TOWN OF WESTLAKE, Texas (hereinafter called "WESTLAKE"), each acting by and through its duly authorized officials: WHEREAS, CITY OF FRISCO and WESTLAKE are both governmental entities engaged in the purchase of goods and services, which is a recognized governmental function; WHEREAS, CITY OF FRISCO and WESTLAKE wish to enter into this Agreement pursuant to Chapter 791 of the Texas Government Code (hereinafter "Interlocal Cooperation Act") to set forth the terms and conditions upon which CITY OF FRISCO and WESTLAKE may purchase various goods and services commonly utilized by each party; WHEREAS, participation in an interlocal agreement will be highly beneficial to the taxpayers of CITY OF FRISCO and WESTLAKE through the anticipated savings to be realized and is of mutual concern to the contracting parties; WHEREAS, CITY OF FRISCO and WESTLAKE 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; CITY OF FRISCO and WESTLAKE agree as follows: 1. CITY OF FRISCO and WESTLAKE may cooperate in the purchase of various goods and services commonly utilized by the participants, where available and applicable, and may purchase goods and services from vendors under present and future contracts. 2. CITY OF FRISCO and WESTLAKE 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 contracts. CITY OF FRISCO and WESTLAKE shall each make their respective payments from current revenues available to the paying party. 3. 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 participating party(ies). Resolution 16-01 Page 3 of 5 4. The undersigned officer and/or agents of the party(ies) hereto are duly authorized officials and possess the requisite authority to execute this Agreement on behalf of the parties hereto. 5. This Agreement may be executed separately by the participating entities, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. 6. This Agreement shall become effective on the day and year first written above (the "Effective Date"). The primary term of this Agreement shall be for one (1) year, commencing on the Effective Date and terminating on November 1, 2016, and shall thereafter automatically renew for successive one-year terms, unless terminated according to the terms set forth in Paragraph 3. 7. To the extent allowed by law, each party agrees to release, defend, indemnify, and hold harmless the other (and its officers, agents, and employees) from and against all claims or causes of action for injuries (including death), property damages (including loss of use), and any other losses, demands, suits, judgments and costs, including reasonable attorneys' fees and expenses, in any way arising out of, related to, or resulting from its performance under this agreement, or caused by its negligent acts or omissions (or those of its respective officers, agents, employees, or any other third parties for whom it is legally responsible) in connection with performing this agreement. 8 The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this Agreement. 9. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held by a court of competent jurisdiction to be contrary to law or contrary to any rule or regulation having the force and effect of the law, the remaining portions of the Agreement shall be enforced as if the invalid provision had never been included. 10. This Agreement embodies the entire agreement between the parties and may only be modified in writing executed by both parties. 11. This Agreement shall be binding upon the parties hereto, their successors, heirs, personal representatives and assigns. Neither party will assign or transfer an interest in this Agreement without the written consent of the other party. 12. It is expressly understood and agreed that, in the execution of this Agreement, neither party waives, nor shall be deemed hereby to have waived any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied Resolution 16-01 Page 4 of 5 other that those set forth herein, and this Agreement shall not create any rights in parties not signatories hereto. 13. The declarations, determinations and findings declared, made and found in the preamble to this Agreement are hereby adopted, restated and made part of the operative provisions hereof. EXECUTED hereto on the day and year first above written. CITY OF FRISCO CITY OF WESTLAKE 41--n- Georg4 Ourefoy I By: Thomas E. B er City Manager Town Mana er STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on the day of 2016, by George Purefoy, City Manager of the CITY OF FRISCO, TE S, a home-rule municipal corporation, on behalf of such corporation. EM, SHARON L PERRYNOTARYPUBLIC-STATE OF TEXASNotary Public in and for the COMM. EXP 03-22-2018 State of Texas NO'rARY IQ 128215849 STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on the day of I' , 2016, by Thomas E. Bremer, Town Manager of the TOWN OF WESTLAKE, TEXAS, a Type A General Law city, on behalf of such corporation. .� �' KELLY EDWARDS Notary Public * %*€ STATE OF TEXAS Notary Publi+ -;n and for the Notary ID#124082W-8 State of Texas M GOMM,SRP,rAt)gjA y 9,2019 Resolution 16-01 Page 5 of 5