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Res 20-19 Authorizing an Authorizing and Interlocal Cooperative agreement with Denton County for Cooperative PurchasingTOWN OF WESTLAKE RESOLUTION NO. 20-19 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT WITH THE CITY OF HURST FOR COOPERATIVE PURCHASING, AUTHORIZING THE TOWN MANAGER TO EXECUTE THE AGREEMENT. WHEREAS, The City of Hurst and the Town of Westlake are both governmental entities engaged in the purchase of goods and services, which is a recognized governmental function; and, WHEREAS, the City of Hurst and the Town of 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 Hurst and the Town of Westlake may purchase various goods and services commonly utilized by each party; and, WHEREAS, the Town Council finds that the Interlocal Agreement benefits the public; and, WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of the Town 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 Council of the Town of Westlake hereby approves the City of Hurst Interlocal agreement, attached as Exhibit "A", and authorizes the Town Manager to execute this agreement on behalf of the Town of Westlake. 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. SECTION 4: That this Resolution shall become effective from and after its date of passage. Resolution 20-19 Page 1 of 2 PASSED .-AND APPROVED ON THIS 22°d DAY OF JUNE 2020. ATTEST: �Gkt Todd Wood, Town Secretary APPROVED AS TO FORM: i"'� (z �-- L. Stanton Lowry, Town Attorney Laura L. Wheat, Mayor A144CL 4C Aae� -- Amanda DeGan, Town Manager r . O� W EST 40 Resolution 20-19 Page 2 of-2 EXHIBIT "A" INTERLOCAL AGREEMENT This Interlocal Agreement ("Agreement") is made and entered into this 22nd day of June, 2020, by and between the CITY OF HURST, Texas (hereinafter called "CITY OF HURST"), and the TOWN OF WESTLAKE, Texas (hereinafter called "TOWN OF WESTLAKE"), each acting by and through its duly authorized officials: WHEREAS, CITY OF HURST and TOWN OF WESTLAKE are both governmental entities engaged in the purchase of goods and services, which is a recognized governmental function; WHEREAS, CITY OF HURST and TOWN OF 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 HURST and TOWN OF 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 HURST and TOWN OF WESTLAKE through the anticipated savings to be realized and is of mutual concern to the contracting parties; WHEREAS. CITY OF HURST and TOWN OF WESTLAKE have current funds avaiiable 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 HURST and TOWN OF WESTLAKE agree as follows: 1. CITY OF HURST and TOWN OF 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 HURST and TOWN OF 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 HURST and TOWN OF WESTLAKE shall each make their respective payments from current revenues available to the paying party. 3. Not withstanding 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). Exhibit "A" - Page I oi' 3 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 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 other that those set forth herein, and this Agreement shall not create any rights in parties not signatories hereto. Exhibit "A"- Pan 2 of 3 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 HURST By: Clay Caruthers, City Manager STATE OF TEXAS § COUNTY OF TARRANT § TOWN OF WESTLAKE AM" 40 9&& By: Amanda DeGan, Town Manager This instrument was acknowledged before me on the day of _ , 2020, by Clay Caruthers, City Manager of the CITY OF HURST, TEXAS, a home -rule municipal corporation, on behalf of such corporation. Notary Public in and for the State of Texas STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on the O Clay of 2020, by Amanda DeGan, Town M!ianager of the TOWN OF WESTLAKE, TEXAS, a Type A General Law municipal corporation, on behalf of such corporation. FE� RICHARD TODD WOODNotary Public, State of TexasComm. Expires 02-14-2024Notar ID 132360452 y Notary Public in and 6 the State of Texas Exhibit "A"- Page 3 of;