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Res 20-14 Authorizing and Interlocal Cooperative agreement with Denton County for Cooperative PurchasingTOWN OF WESTLAKE RESOLUTION NO.20-14 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN INTER LOCAL COOPERATIVE PURCHASING AGREEMENT WITH DENTON COUNTY, TEXAS FOR COOPERATIVE PURCHASING. WHEREAS, Denton County and Westlake are both governmental entities engaged in the purchase of goods and services, which is a recognized governmental function; and, WHEREAS, Denton County 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 Denton County 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 Inter Local Cooperative Purchasing 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 20-14 Page 1 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 18TH DAY OF MAY 2020. ATTEST: , 4 pa, Todd Wood, Town Secretary APPROVED AS TO FORM: r�+ (� �-- L. S anton Lowry, Town Attorney LaurdL. Wheat, Mayor Amanda DeGan, Town Manager TEX As Resolution 20-14 Page 2 of 2 EXHIBIT A INTERLOCAL COOPERATIVE PURCHASING AGREEMENT BETWEEN THE TOWN OF WESTLAKE AND DENTON COUNTY, TEXAS STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT is made on the day of , 2020, between the Denton County, and the Town of Westlake; jointly referred to herein as "parties". WHEREAS, the respective parties are authorized by the Interlocal Cooperation Act, V.T.C.A. Government Code, Chapter 791, to enter into joint contracts and agreements for the performance of governmental functions and services including administrative functions normally associated with the operation of government such as purchasing of necessary materials and supplies; WHEREAS, it is the desire of the aforesaid parties to comply with and further the policies and purpose of the Interlocal Cooperation Act; WHEREAS, the parties cannot normally obtain the best possible purchase price for materials and supplies acting individually and without cooperation; and WHEREAS, it is deemed in the best interest of all parties that said governments do enter into a mutually satisfactory agreement for the purchase of certain materials and supplies; WHEREAS, the parties, in performing governmental functions or in paying for the performance of governmental functions hereunder shall make that performance or those payments from current revenues legally available to that party; NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants and conditions contained herein and pursuant to the authority permitted under the Interlocal Cooperation Act, promise and agree as follows: I. Purpose The purpose of this Agreement is to authorize the parties' mutual participation in various contracts for the purchase of various goods and services. Participation in this cooperative program will be highly beneficial to the taxpayers of the participating parties through anticipated savings to be realized. Pagel of 3 II. Duration of Agreement This Agreement shall be in effect from the date of execution until terminated by either party to the agreement. III. Relationship of Parties It is agreed that the parties, in receiving products and/or services specified in this agreement, shall act as an independent purchaser and shall have control of its needs and the manner in which they are acquired. Neither party is an agent, employee or joint enterprise of the other, and each party is responsible for its own actions, forbearance, negligence and deeds, and for those of its agents or employees, in conjunction with the utilization and/or cooperative solicitation of any Supplier Agreement obtained in accordance with Texas law. Parties shall notify all participating entities of available contracts to include terms of contract, commodity cost, contact names and addresses, and shall keep participating parties informed of all changes to the Cooperative Purchasing list of contracts. Nothing in this agreement shall prevent any participating party from accepting and awarding bids for commodities subject to this agreement individually and in its own behalf. Purchasing Agent is hereby designated as the official representative to act for Denton County in all matters relating to this agreement. is hereby designated as the official representative to act for the Town of Westlake in all matters relating to this agreement. IV. Purchase of Goods and Services All products and services shall be procured in accordance with procedures governing competitive bids and competitive proposals. The parties will be able to purchase from those contracts established by the other where notice has been given in the specifications and successful bidder has accepted terms for Cooperative Purchasing Agreements for local governments. The parties hereto agree that the ordering of products and services through this agreement shall be their individual responsibility and that the successful bidder or bidders shall bill each party directly, or as deemed advantageous to both parties. Page 2 of 3 The parties agree to pay successful bidders or anticipating governments directly for all products or services received from current revenues available for such purchase. Each party shall be liable to the successful bidder only for products and services ordered by and received by it, and shall not by the execution of this agreement assume any additional liability. Parties do not warrant and are not responsible for the quality or delivery of products or services from successful bidder. The participating parties shall receive all warranties provided by successful bidder for the products or services purchased. In the event that any dispute arises between individual parties and a successful bidder, the same shall be handled by and between the participating party's governmental body and the bidder. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers thereon the day and the year first above written. DENTON COUNTY, TEXAS By: Andy Eads By: Denton County Judge TOWN OF WESTLAKE Acting on behalf of and by authority of the Denton County Commissioners Court Approved as to content: Director of Purchasing Approved as to form: Assistant District Attorney Page 3 of 3