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HomeMy WebLinkAboutItem 08 - Cooperative Purchasing Agreement with City of PlanoApproval of a resolution to establish a cooperative purchsaing agreement with the City of Plano INTERLOCAL BY 1 BETWEEN THE CITY OF PLANO, TEXAS AND THE CITY OF GRAPEVINE, TEXAS THIS AGREEMENT is made and entered into by and between the CITY OF PLANO, a home - rule municipal corporation located in Collin and Denton Counties, Texas (hereinafter referred to as "Plano"), and the CITY OF GRAPEVINE, a home -rule municipal corporation located in Tarrant County, Texas (hereinafter referred to as "Grapevine"). WHEREAS, Section 271.101, Local Government Code, allows local governments to participate in cooperative purchasing programs which allows the local governments to purchase from a contract currently existing between another local government and a vendor, and such process satisfies the state law for competitive bid requirements; and WHEREAS, Plano has established various contracts for products and/or services, and Grapevine has a need for same and desires to enter into a Cooperative Purchasing Agreement with Plano pursuant to Chapter 271 et sea. (Cooperative Purchasing Program), Local Government Code; and WHEREAS, Grapevine agrees to prepare, execute, and administer its own contracts with the vendor and the City of Plano shall not be a party to Grapevine (City's) agreement with the vendor. NOW, THEREFORE, Plano and Grapevine, for the mutual consideration hereinafter stated, agree as follows: 11 MUNN�1•� The effective date of this Agreement shall be effective upon execution by the parties. April 18, 2006 (8:43AM) W DUTIES OF Grapevine (City) Grapevine (City) agrees to prepare, execute, and administer its own contracts with the vendor and Plano shall not be a party to the agreement with the vendor and the other governmental entity. Plano shall have no obligations for payment to vendor for any services or goods incurred by any party other than Plano. Any payments owed the vendor for services or goods shall be paid directly by Grapevine (City). Grapevine (City) will be responsible for the vendor's compliance with provisions relating to the quality of items and terms of delivery; and any other terms or conditions of its agreement with the vendor. TERMINATION This Agreement may be terminated at any time, with or without cause, by either party giving thirty (30) days advance written notice to the other party. IV. Notice as required by this Agreement shall be in writing delivered to the parties via facsimile or certified mail at the addresses listed below. Each party shall notify the other in writing within ten (10) days of any change in the information listed in this paragraph. PLANO Thomas H. Muehlenbeck CITY MANAGER City of Plano P. O. Box 860358 Plano, Texas 75086-0358 Telephone: (972) 941-7121 Facsimile: (972) 423-9587 GRAPEVINE Bruno Rumbelow CITY MANAGER City of Grapevine 200 S. Main St. Grapevine, Texas 76051 Telephone: (817) 410-3103 Facsimile: (817) 410-3002 April 18, 2006 (8:50AM) V. 9 HOLD HARMLESS Each party does hereby agree to waive all claims against, release, and hold harmless the other party and its respective officials, officers, agents, employees, in both their public and private capacities, from any and all liability, claims, suits, demands, losses, damages, attorneys fees, including all expenses of litigation or settlement, or causes of action which may arise by reason of injury to or death of any person or for loss of, damage to, or loss of use of any property arising out of or in connection with this contract. In the event of joint or concurrent negligence of the parties, responsibility, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without, however, waiving any governmental immunity available to either party individually under Texas law. PLANO shall be responsible for its sole negligence. Grapevine (City) shall be responsible for its sole negligence. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. VI. This Agreement represents the entire and integrated agreement between PLANO and GRAPEVINE (City) and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. R This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas, and this Agreement is performable in Collin County, Texas. Exclusive venue shall be in Collin County, Texas. April 18, 2006 (8:53AM) am SEVERABILITY The provisions of this agreement are severable. In the event that any paragraph, section, subdivision, sentence, clause, or phrase of this agreement shall be found to be contrary to the law, or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions of this agreement. However, upon the occurrence of such event, either party may terminate this Agreement by giving the other parry thirty (30) days written notice of its intent to terminate. I" AUTHORITY TO SIGN / CITY COUNCIL AUTHORIZATION The undersigned officer and/or agents of the parties hereto are duly authorized officials and possess the requisite authority to execute this Agreement on behalf of the parties hereto. Grapevine (City) has executed this Agreement pursuant to the duly authorized resolution of the Grapevine City Council on May 2, 2006. PLANO has executed this Agreement pursuant to the duly authorized PLANO City Council Resolution No. 2002-2-15(R) dated February 25, 2002. 0 ASSIGNMENT AND SUBLETTING The parties agree that the rights and duties contained in this Agreement will not be assigned or sublet without the prior written consent of both parties. M INTERPRETATION OF AGREEMENT This is a negotiated Agreement, should any part of this Agreement be in dispute, the parties stipulate that the Agreement shall not be construed more favorably for either party. April 18, 2006 (8:58AM) XII. REMEDIES No right or remedy granted herein or reserved to the parties is exclusive of any right or remedy granted by law or equity; but each shall be cumulative of every right or remedy given hereunder. No covenant or condition of this Agreement may be waived without the express written consent of the parties. It is further agreed that one (1) or more instances of forbearance by either party in the exercise of its respective rights under this Agreement shall in no way constitute a waiver thereof. Lo EXECUTED in duplicate originals this 0 Thomas H. Muehlenbeck CITY MANAGER P. O. Box 860358 Plano, Texas 75086-0358 APPROVED AS TO FORM: day of , 2006. CITY OF GRAPEIVNE, TEXAS Bruno Rumbelow CITY MANAGER 200 S. Main St. Grapevine, Texas 76051 Diane Wetherbee, CITY ATTORNEY Matthew Boyle, CITY ATTORNEY April 18, 2006 (9:01AM) ACKNOWLEDGMENTS STATE OF TEXAS ) CITY OF GRAPEVINE, TEXAS COUNTY OF TARRANT ) This instrument was acknowledged before me on the day of , 2006, by Bruno Rumbelow, City Manager of the CITY OF GRAPEIVNE, TEXAS, a home -rule municipal corporation, on behalf of such corporation. STATE OF TEXAS ) COUNTY OF COLLIN ) Notary Public, State of Texas This instrument was acknowledged before me on the day of , 2006 by THOMAS H. MUEHLENBECK, City Manager of the CITY OF PLANO, TEXAS, a home -rule municipal corporation, on behalf of such corporation. lvuLaiy ruollu, 3LULU ul icxas April 18, 2006 (9:OOAM) 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 CITY OF PLANO 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 City of Plano, is a qualified entity as authorized by Section 271.101 of the Texas Local Government Code; and WHEREAS, the City of Grapevine, Texas wishes to utilize established contracts meeting all State of Texas bidding requirements for various goods and services established by the City of Plano. 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 City of Plano 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: r i1clu