15-R-91 - ILA with City of FriscoRESOLUTION NO. 15 -R -91
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT
WITH THE CITY OF FRISCO REGARDING UNIFORM PURCHASES
AND OTHER ASSOCIATED ITEMS, AND OTHER MATTERS IN
CONNECTION THEREWITH
WHEREAS, the City staff of the City of Schertz (the "City ") has recommended that the
City enter into an Interlocal Agreement for the purchase of goods and services, which is a
recognized governmental function; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
enter into this contract with the City of Frisco pursuant to the Interlocal Agreement for Uniform
and other Associated Items services attached hereto as Exhibit A (the "Agreement ").
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS
THAT:
Section 1. The City Council hereby authorizes the City Manager to execute and
deliver the Agreement with the City of Frisco in substantially the form set forth on Exhibit A.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with
any provision of this Resolution are hereby repealed to the extent of such conflict, and the
provisions of this Resolution shall be and remain controlling as to the matters resolved herein.
Section 4. This Resolution shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Resolution would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Resolution shall be in force and effect from and after its final
passage, and it is so resolved.
i
PASSED AND ADOPTED, th' day of , 2015.
CITY OF SCI�IERTZ, TEXAS
chael R. Carpenter, Mayor
ATTEST:
retary, Brenda Dennis
(CITY SEAL)
EXHIBIT A
This Interlocal Agreement ( "Agreement ") is made and entered into this day of
, 2015, by and between the CITY OF FRISCO, Texas (hereinafter called
"FRISCO "), and the CITY OF SCHERTZ, Texas (hereinafter called "SCHERTZ "), each
acting by and through its duly authorized officials:
WHEREAS, FRISCO and SCHERTZ are both governmental entities engaged in the
purchase of goods and services, which is a recognized governmental function;
WHEREAS, FRISCO and SCHERTZ 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 FRISCO and SCHERTZ 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 FRISCO and SCHERTZ through the anticipated savings to be realized and
is of mutual concern to the contracting parties;
WHEREAS, FRISCO and SCHERTZ 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; FRISCO and SCHERTZ agree as follows:
1. FRISCO and SCHERTZ 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. FRISCO and SCHERTZ 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. FRISCO and
SCHERTZ 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).
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.
50506221.1 - 3 -
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 October 13, 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 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.
EXHIBIT A
EXECUTED hereto on the day and year first above written.
CITY OF FRISCO
George Purefoy
City Manager
STATE OF TEXAS §
COUNTY OF COLLIN §
CITY OF SCHERTZ
John Kessel
City Manager
This instrument was acknowledged before me on the day of , 2015, by
George Purefoy, City Manager of the CITY OF FRISCO, 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 GUADALUPE §
This instrument was acknowledged before me on the day of , 2015, by
John Kessel, City Manager of the CITY OF SCHERTZ, TEXAS, a home -rule municipal
corporation, on behalf of such corporation.
Notary Public in and for the State
of Texas
50506221.1 - 5 -