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HomeMy WebLinkAboutItem 10 - Interlocal Agreement City of Farmers BranchMEMO TO: FROM: MEETING DATE: SUBJECT: RFC0MMFNDAT10N- ITEM 10 _ HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ROGER NELSON, CITY MANAGER /X MARCH 1, 2005 APPROVAL OF A RESOLUTION TO ESTABLISH AN INTERLOCAL AGREEMENT WITH THE CITY OF FARMERS BRANCH City Council to consider approval of a resolution authorizing an Interlocal Agreement with the City of Farmers Branch, Texas. This agreement would allow Grapevine and Farmers Branch to purchase various goods and services commonly utilized by both entities. FUNDING SOURCE: No funding source would be necessary for this agreement. BACKGROUND: This request is for approval of a cooperative purchasing agreement between the City of Farmers Branch and the City of Grapevine in order to participate in various contracts established by both agencies. Cooperative purchasing agreements are permitted under the authority of Section 271.101 — 271.102 of the Texas Local Government Code. Because the City of Farmers Branch and the City of Grapevine purchase common goods and services, establishing a cooperative purchasing agreement between the two agencies will be highly beneficial to the taxpayers of Farmers Branch and Grapevine through the anticipated savings to be realized. Staff recommends approval. CD (f 00(� F RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNATE TO ESTABLISH A INTERLOCAL AGREEMENT FOR COOPERATIVE PURCHASING WITH THE CITY OF FARMERS BRANCH 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 Texas Local Government Code, Section 271.101-271.102 to enter into a cooperative purchasing program agreement with other qualified entities in the State of Texas; and WHEREAS, the City of Farmers Branch, 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 City of Farmers Branch 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 an interlocal agreement for cooperative purchasing between the City of Farmers Branch and the City of Grapevine. Section 3. That the City Manager, or his designee, is authorized to establish the interlocal 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 1st day of March, 2005. ATTEST: INTERLOCAL AGREEMENT FOR COOPERATIVE PURCHASING BETWEEN THE CITY OF FARMERS BRANCH, TEXAS AND THE CITY OF GRAPEVINE, TEXAS This Interlocal Agreement for Cooperative Purchasing is made and entered into this day of , 2005, between the City of Farmers Branch, Texas and the City of Grapevine, Texas (hereinafter "Agreement"). WITNESSETH: WHEREAS, the City of Farmers Branch, Texas (hereinafter called "Farmers Branch") and the City of Grapevine, Texas (hereinafter called "Grapevine") (collectively referred to as "Participants") as permitted under the authority of Section 271.101 — 271.102 of the Texas Local Government Code, wish to enter into this Interlocal Agreement to set forth the terms and conditions upon which Farmers Branch and Grapevine may purchase various goods and services commonly utilized by both entities; WHEREAS, the Participants 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; and WHEREAS, participation in a Cooperative Purchasing Program will be highly beneficial to the taxpayers of Farmers Branch and Grapevine 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, Farmers Branch and Grapevine agree as follows: 1. Both Participants will work cooperatively to provide a program for the purchase of various goods and services commonly utilized by Participants ("Cooperative Purchasing Program"), and under such Cooperative Purchasing Program may purchase goods and services from vendors under present and future contracts with either entity. 2. The Participants will enter into individual contracts with vendors under the Cooperative Purchasing Program provided for under this Agreement. The Participants 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 items under such individual contracts. 3. The term of this Agreement shall be for five (5) years from the date hereof and may be renewed for two (2) additional five (5) year terms. Any renewal of this Interlocal Agreement shall be in writing and signed by each party hereto at least thirty (30) days prior to any termination date. 4. Notwithstanding anything herein to the contrary, participation in the Agreement by Farmers Branch or Grapevine may be terminated upon thirty (30) days written notice to the other entity. 5. Farmers Branch designates Linda Groomer, City Manager, or his or her designee, to act on its behalf in all matters relating to the Cooperative Purchasing Program and Grapevine designates Roger Nelson, City Manager, or his or her designee, to act on its behalf in all matters relating to the Cooperative Purchasing Program. 6. Miscellaneous Provisions: a) Notice. Any notice required to be sent under this Agreement must be in writing and may be served by depositing same in the United States Mail, addressed to the party to be notified, postage pre -paid and registered or certified with return receipt requested, or by delivering the same in person to such party via a hand -delivery service, Federal Express or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notice, the addresses of the parties shall be as follows: If to Farmers Branch, to: Linda, Groomer, City Manager City of Farmers Branch 13000 William Dodson Pkwy. Farmers Branch, Texas 75234 If to Grapevine, to: Roger Nelson, City Manager City of Grapevine 200 S. Main Street Grapevine, Texas 76051 b) Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties hereto. c) Venue. This Agreement shall be construed in accordance with the laws of the State of Texas and shall be performable in Dallas County, Texas d) Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. e) Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. f) Authority to Execute. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. g) Savings/Severability. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. h) Representations. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. i) Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. j) Sovereign Immunity. The parties agree that no party has waived its sovereign immunity by entering into and performing their respective obligations under this Agreement. k) Assignment. This Agreement or any part thereof shall not be assigned or transferred by any party without the prior written consent of the other party. EXECUTED hereto on the day and year first above written. City of Farmers Branch, Texas By: Linda Groomer, City Manager Attest: City of Grapevine, Texas M Roger Nelson, City Manager Attest: Cindee Peters, City Secretary Linda Huff, City Secretary