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HomeMy WebLinkAboutItem 07 - Cooperative Purchasing Agreement with Town of Flower MoundApproval of a resolution to establish a cooperative purchasing agreement with the Town of Flower Mound COOPERATIVE PURCHASING AGREEMENT STATE OF TEXAS THIS AGREEMENT is made on the 2nd day of May, 2006, between the City of Grapevine, State of Texas, and the Town of Flower Mound, Texas, each referred to herein as participating governments. WHEREAS, the respective participating governments 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 participating governments to comply with and further the policies and purposes of the Interlocal Cooperation Act; WHEREAS, the participating governments cannot normally obtain the best possible purchase price for materials and supplies acting individually and without cooperation; WHEREAS, it is deemed in the best interest of all participating governments 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: The purpose of this Agreement is to authorize participation of the City of Grapevine in various Town of Flower Mound contracts for the purchase of various goods and services. Participation in this cooperative program will be highly beneficial to the taxpayers of the City through anticipated savings to be realized. April 17, 2006 (1:32PM) 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 City of Grapevine, 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 the City of Grapevine, its agents, employees, volunteer help or any other person operating under this contract shall be considered an agent or employee of the Town of Flower Mound and shall not be entitled to participate in any pension plans or other benefits that the Town of Flower Mound provides its employees. Nothing in this agreement shall prevent any participating government from accepting and awarding bids for commodities subject to this agreement individually and in its own behalf. All products and services shall be procured by the Town of Flower Mound in accordance with procedures governing competitive bids and competitive proposals. The participating government will be able to purchase from those contracts established by the Town of Flower Mound where successful bidder has accepted terms for Cooperative Purchasing Agreements. The participating governments 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 participating government directly. The participating governments agree to pay successful bidders directly for all products or services received from current revenues available for such purchase. Each participating government 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. April 17, 2006 (1:32PM) The Town of Flower Mound does not warrant and is not responsible for the quality or delivery of products or services from successful bidder. The participating government shall receive all warranties provided by successful bidder for the products or services purchased. In the event that any dispute arises between individual participating government and a successful bidder, the same shall be handled by and between the participating government 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. EXECUTED this day of in ATTEST: By: CITY SECRETARY EXECUTED this day of Ui49 CITY SECRETARY William D. Tate, Mayor 200 S. Main St. Grapevine, Texas 76051 Jody A. Smith, Mayor 2121 Cross Timbers Road Flower Mound, Texas 75028 April 17, 2006 (1:32PM) RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO ESTABLISH A COOPERATIVE PURCHASING AGREEMENT FOR COOPERATIVE PURCHASING WITH THE TOWN OF FLOWER MOUND AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Grapevine, Texas is a local government in the State of Texas and as such is empowered by the Interlocal Cooperation Act, V.T.C.A. Government Code, Chapter 791 to enter into a cooperative purchasing program agreement with other qualified entities in the State of Texas; and WHEREAS, the Town of Flower Mound, is a qualified entity as authorized by Section 271.101 of the Texas Local Government Code; and WHEREAS, the City of Grapevine, Texas and the Town of Flower Mound wish to utilize established contracts meeting all State of Texas bidding requirements for various goods and services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated in the above preamble are true and correct and are incorporated herein as if copied in their entirety. Section 2. That the City Council of the City of Grapevine authorizes the establishment of a cooperative purchasing agreement for cooperative purchasing between the Town of Flower Mound and the City of Grapevine. Section 3. That the City Manager, or his designee, is authorized to establish the cooperative purchasing agreement on behalf of the City of Grapevine, Texas. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 2nd day of May, 2006. ATTEST: