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HomeMy WebLinkAboutItem 10 - Interlocal Purchasing Agreement MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER 3C MEETING DATE: MAY 15, 2012 SUBJECT: APPROVAL OF A RESOLUTION TO ESTABLISH AN INTERLOCAL COOPERATIVE PURCHASING AGREEMENT WITH THE CITY OF DENTON, TEXAS RECOMMENDATION: City Council to consider approval of a resolution authorizing an Interlocal Cooperative Purchasing Agreement with the City of Denton, Texas. This agreement would allow the City of Grapevine and the City of Denton, 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 between the City of Denton, 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 Texas Government Code, Chapter 791 and Texas Local Government Code, Section 271.101 and 271.102, to enter into joint contracts and agreements for the performance of governmental functions and services. Because the City of Denton, Texas and the City of Grapevine purchase common goods and services, establishing a cooperative purchasing agreement between the two agencies would reduce administrative costs and increase savings for both agencies. Staff recommends approval of a resolution to establish the interlocal agreement between the City of Denton, Texas and the City of Grapevine to participate in various contracts established by both agencies. The Interlocal Cooperative Purchasing Agreement is attached for review. Staff recommends approval. BS C:ID OCUME--IlbsmebyEOCALS—llTemplXPgrpwisellnteriocat Cooperative Purchasing Agreement.doc INTERLOCAL COOPERATIVE PURCHASING AGREEMENT BETWEEN THE CITY OF GRAPEVINE,TEXAS AND CITY OF DENTON, TEXAS STATE OF TEXAS COUNTY OF DENTON THIS AGREEMENT is made on the day of 22012, between the City of Denton, and the City of Grapevine; jointly referred to herein as "parties". WHEREAS, the respective parties 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 parties to comply with and further the policies and purpose of the Interlocal Cooperation Act; WHEREAS, the parties cannot normally obtain the best possible purchase price for materials and supplies acting individually and without cooperation; and WHEREAS, it is deemed in the best interest of all parties 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 the parties mutual participation in various contracts for the purchase of various goods and services. Participation in this cooperative program will be highly beneficial to the taxpayers of the participating parties through anticipated savings to be realized. Duration of Agreement This Agreement shall be in effect from the date of execution until terminated by either parry to the agreement. III. Relationship of ies It is agreed that the parties, 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 parry is an agent, employee or joint enterprise of the other, and each party is responsible for its own actions, forbearance, negligence and deeds, and for those of its agents or employees, in conjunction with the utilization and/or cooperative solicitation of any Supplier Agreement obtained in accordance with Texas law. Parties shall notify all participating entities of available contracts to include terms of contract, commodity cost, contact names and addresses, and shall keep participating parties informed of all changes to the Cooperative Purchasing list of contracts. Nothing in this agreement shall prevent any participating party from accepting and awarding bids for commodities subject to this agreement individually and in its own behalf. Purchasing Agent is hereby designated as the official representative to act for the City of Denton in all matters relating to this agreement. Purchasing Agent is hereby designated as the official representative to act for City of Grapevine in all matters relating to this agreement. IV. Purchase of Goods and Services All products and services shall be procured in accordance with procedures governing competitive bids and competitive proposals. The parties will be able to purchase from those contracts established by the other where notice has been given in the specifications and successful bidder has accepted terms for Cooperative Purchasing Agreements for local governments. The parties 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 party directly, or as deemed advantageous to both parties. The parties agree to pay successful bidders or anticipating governments directly for all products or services received from current revenues available for such purchase. Each party 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. Parties do not warrant and are not responsible for the quality or delivery of products or services from successful bidder. The participating parties shall receive all warranties provided by successful bidder for the products or services purchased. In the event that any dispute arises between individual parties and a successful bidder, the same shall be handled by and between the participating party's governmental 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. CITY OF GRAPEVINE CITY OF DENTON By: Bruno Rumbelow By: George Campbell City Manager City Manager 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 ENTER INTO AN INTERLOCAL COOPERATIVE PURCHASING AGREEMENT WITH THE CITY OF DENTON,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 271.101 and 271.102 and Interlocal Cooperation Act Texas Government Code, Chapter 791 to enter into interlocal purchasing agreements with other qualified entities in the State of Texas; and WHEREAS,the City of Denton, 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 Cooperative Purchasing Agreement with the City of Denton, Texas and participate in contracts established by the City of Denton, Texas. 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 Manager, or his designee, is authorized to take all steps necessary to consummate an interlocal purchasing agreement with the City of Denton, 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 15th day of May, 2012. APPROVED: ATTEST: APPROVED AS TO FORM: RES. NO. 2