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RE 05-08-90.3 A RESOLUTION OF THE CITY OF COPPELL, TEXAS RESOLUTION NO. 050890.3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF PLANO, TEXAS (PLANO), AND THE CITY OF COPPELL, TEXAS (COPPELL), PROVIDING FOR A COOPERATIVE PURCHASING AGREEMENT FOR LADDER TESTING SERVICES; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WH~.REAS, the legislature has authorized the formation of interlocal agreements between and among cities; and WHEREAS, the Copper Fire Department wishes to participate in interloca] agreements among local fire protection agencies in the Dallas-Fort Worth area; and WHEREAS, the City Council has been presented a proposed Inter]oca! Agreement by and between the City of Plano, Texas, and the City of Coppell, Texas, a copy of which is attached hereto as an exhibit and incorporated herein by reference (hereinafter ca!led "Agreement"); and, WHEREAS, upon fu!I review and consideration of said Agreement, and all matters attendant and related thereto, the City Council is of the opinion that the terms and conditions thereof should be approved, and that the Mayor should be authorized to execute it on behalf of the City of Coppe!l; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. The terms and conditions of the Agreement, having been reviewed by the City Council of the City of Coppe]! and found to be acceptable and in the best interests of the City of Coppell and its citizens, said Agreement is hereby in all things approved. SECTION 2. The Mayor of the City of Coppel] is hereby authorized to execute the Agreement on behalf of the City of CoppeR, and to execute any other document in connection therewith which is substantially according with the terms and conditions set forth in the Agreement. SECTION 3. This resolution shall become effective from and after its passage. DULY PASSED AND APPROVED this the ~ day of , 1990. MAYOR ATTEST: CITY SEC RE,~AR Y-~ APPROVED AS TO FORM: ~'R90-0322 INTERLOCAL AGREEMENT METROPLF. X FIRE SERVICES PURCHASING GROUP HIS AGREEMENT made and entered into this 23rd day of November 1990, by and between the City of Plano, Texas (hereinafter called "City"), and City of Coppell, Texas (hereinafter called "Participating Municipality"), acting through their duly authorized agents: WITNESSETfl: WHEREAS, the City and the Participating Municipality, as permitted under Article 4413 (32c) V.A.C.S., the Interlocal Cooperation Act, as amended, wish to enter into this Interlocal Agreement to set forth the terms and conditions upon which the City and the Participating Municipality will purchase ladder testing services commonly utilized by said entities and other members of the Metroplex Fire Services Purchasing Group; and WHEREAS, participation in a Cooperative Purchasing Agreement will be highly beneficial to the taxpayers of the City, the Participating Municipality, and other members of the Metroplex Fire Services Purchasing Group through the anticipated savings to be realized; NOW, THEREFORE, in consideration of the foregoing and the mutual promises, covenants, and obligations as set forth herein, the City and the Participating Municipality agree as follows: 1. The City and the Participating Municipality will work cooperatively to provide for the purchase of ladder testing services commonly utilized by the City, the Participating Municipality, and the Metroplex Fire Services Purchasing Group, and under such Agreement may purchase ladder testing services from vendors under present and future contracts. 2. The City of Plano will prepare the Request for Bid Proposals, evaluate all responses, and coordinate the activities of the Metroplex Fire Services Purchasing INTERLOCAL AGREEMENT - Page 1 Group (MFSPG). However, the Participating Municipality will be asked to review and comment on these activities. These comments may be incorporated into MFSPG activities. 3. Each City or Participating Municipality may enter into individual contracts with the selected vendor(s) under this Agreement. The City or Participating Municipalities shall be individually responsible for payment directly to the vendor and for the vendor's compliance with all conditions of delivery and quality of purchased services under such individual contracts. 4. The term of this Agreement shall be for two (2) years from the date hereof and may be renewed for one two (2) year term. Any renewal of this Interlocal Agreement shall be in writing and signed by the parties hereto at ]east thirty (30) days prior to any termination date. 5. Each party to this Agreement expressly waives all claims against every other party for compensation for any loss, damage, personal injury, or death occurring as a consequence of the performance of this Agreement. 6. Notwithstanding anything herein to the contrary, the participation of any party to this Agreement may be terminated by said party upon thirty (30) days written notice to the other parties at the address set forth below the signatures hereto. In addition, the parties hereto shall provide thirty (30) days written notification of such termination to all vendors under contract to the City and Participating Municipality pursuant to this Agreement. 7. This instrument contains all commitments and agreements of the parties, and oral or written commitments not contained herein shal! have no force or effect to alter any term or condition of this Agreement. 8. This Agreement may be amended or modified by the mutual agreement of the parties hereto in writing to be attached to and incorporated into this Agreement. INTERLOCAL AGREEMENT - Page 2 9. The parties acknowledge that the City may enter into identical agreements with other particiDating municipalities. EXECUTED Dy the parties hereto on the day and year first above written. CITY OF PLANO, TEXAS By: -~-~ Title: Fire Chief P. O. Box 860358 Plano, Texas 75086-0358 APPROVED AS TO FORM: Gary F:~atha~, City Attorney By: Title: Address: CITY OF COPPELL, TEXAS By: Mayoy ATTEST: ~ Ci~ Secretary APPROVED AS TO FORM: INTERLOCAL AGREEMENT - Page 3 ACKNOWLEDGMENTS STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, the undersigned authority, on this day personally appeared William Peterson Fire Chief of the City of Piano, Texas, a Home Rule Municipal Corporation, known to me to be the person whose name is subscribed to the foregoi0ng instrument, and acknowledged to me that he/she executed the same as the act and deed for the City of Plano, Texas, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN under my hand and seal of office this the 24th day of October , 1990. / , ~,~'~ My eomm~sion expires: STATE OF TEXAS § COUNTY OF DALLAS § BEFORE ME, the undersigned authority, on this day personally appeared Mark Wolfe, Mayor of the City of CoppeR, Texas, known to me to be the person whose name is subscribed to the foregoi0ng instrument, and acknowledged to me that he executed the same as the act and deed for the City of Coppell, Texas, for the purposes and consideration therein expressed and in the capacity therein stated. ~.--~C~VEN under my hand and seal of office this the 9 day of ,~],]O~4J , 1990. Notary Public in anal for the '  State of Texas My(~n mission expires: CK90-0322 , INTERLOCAL AGREEMENT - Page 4