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HomeMy WebLinkAboutItem 19 - Cooperative Purchasing Agreement ���� � � r, ' � MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL `� FROM: BRUNO RUMBELOW, CITY MANAGER ��r MEETING DATE: MAY 19, 2009 SUBJECT: APPROVAL OF A RESOLUTION TO ESTABLISH A COOPERATIVE PURCHASING AGREEMENT WITH THE CITY OF EULESS, TEXAS RECOMMENDATION City Council to consider approval of a resolution authorizing a Cooperative Purchasing Agreement with the City of Euless, Texas. This agreement would allow the City of Grapevine and the City of Euless, Texas 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 befinreen the City of Euless, Texas and the City of Grapevine in order to participate in various contracts established by both agencies. The City is 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. Because the City of Euless, Texas and the City of Grapevine purchase common goods and services, establishing a cooperative purchasing agreement between the two agencies will reduce administrative costs and increase savings for both agencies. Staff recommends approval of a resolution to establish the interlocal agreement between the City of Euless, Texas and the City of Grapevine to participate in various contracts established by both agencies. The cooperative purchasing agreement is attached for review. GR � May 14,2009(10:03AM) COOPERATIVE PURCHASING AGREEMENT STATE OF TEXAS COUNTY OF TARRANT THIS AGREEMENT is made on the 19th day of May, 2009, between the City of Grapevine, State of Texas, and the City of Euless, 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 funetions 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: I. Purpose The purpose of this Agreement is to authorize participation of the City of Grapevine in various City of Euless, Texas 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. May 4,2009(11:36AM) �. II. Duration of Agreement 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 City of Euless, Texas and shall not be entitled to participate in any pension plans or other benefits that the City of Euless, Texas 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. IV. '.�" Purchase of Goods and Services All products and services shall be procured by the City of Euless, Texas in accordance with procedures governing competitive bids and competitive proposals. The participating government will be able to purchase from those contracts established by the City of Euless, Texas 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. May 4,2009(11:36AM) ���,�.,��:,� ;� �,,.. , m� The City of Euless, Texas 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 befinreen 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 , 2009. CITY OF GRAPEVINE, TEXAS By: William D. Tate, Mayor 200 S. Main St. Grapevine, Texas 76051 ATTEST: By: CITY SECRETARY EXECUTED this day of , 2009. CITY OF EULESS, TEXAS By: Mary Lib Saleh, Mayor 201 N Ector Dr. Euless, Texas 76039 ATTEST: By: CITY SECRETARY <� May 4,2009(11:36AM) �� �� � �,�, � � ss �� . 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 ENTER INTO AN INTERLOCAL AGREEMENT WITH THE CITY OF EULESS, TEXAS 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 271.102 to enter into Interlocal agreements with other qualified entities in the State of Texas; and WHEREAS, the City of Euless, Texas is a qualified entity as authorized by Section 271.102 of the Texas Local Government Code; and WHEREAS, the City of Grapevine, Texas, has requested to enter into an Interlocal Agreement with the City of Euless, Texas and participate in contracts established by the City of Euless, Texas. NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF �,e, 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 Manager, or his designee, is authorized to take all steps necessary to consummate an interlocal agreement with the City of Euless, Texas. Section 3. That this resolution shall take effect from and after the date of its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 19th day of May, 2009. APPROVED: ��. ATTEST: APPROVED AS TO FORM: .,_� RES. NO. 2