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HomeMy WebLinkAboutItem 09 - Interlocal Purchasing Agreement a d �uumyiuwu III �� .:merremnix MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER?k----- MEETING DATE: MAY 15, 2012 SUBJECT: APPROVAL OF A RESOLUTION TO ESTABLISH AN INTERLOCAL COOPERATIVE PURCHASING AGREEMENT WITH THE CITIES OF KELLER, SOUTHLAKE AND COLLEYVILLE, TEXAS RECOMMENDATION: City Council to consider approval of a resolution authorizing an Interlocal Cooperative Purchasing Agreement with the Cities of Keller, Southlake and Colleyville, Texas. This agreement would allow the City of Grapevine and the Cities of Keller, Southlake and Colleyville, Texas to purchase various goods and services commonly utilized by these 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 Cities of Keller, Southlake and Colleyville, 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 Cities of Keller, Southlake and Colleyville, Texas and the City of Grapevine purchase common goods and services, establishing a cooperative purchasing agreement between these agencies would reduce administrative costs and increase savings for participating agencies. Staff recommends approval of a resolution to establish the interlocal agreement between the Cities of Keller, Southlake and Colleyville, Texas and the City of Grapevine to participate in various contracts established by these agencies. The Interlocal Cooperative Purchasing Agreement is attached for review. Staff recommends approval. INTERLOCAL GOVERNMENTAL AGREEMENT FOR PURCHASING This Agreement is made and entered into by and between the cities of Keller, Texas, Southlake, Texas, Colleyville, Texas and Grapevine, Texas (hereinafter referred to as the "parties"), all of whom are governmental agencies within the State of Texas, acting by and through their duly authorized City Councils or City Managers. WHEREAS, the parties are political subdivisions of the State of Texas and are authorized to enter into an agreement with each other relative to governmental functions and services by the interlocal Cooperating Act, Texas Government Code, Chapter 791; and WHEREAS, the parties believe that cooperating in the purchasing of various goods, materials, equipment, supplies and services which both parties use in carrying out their governmental functions and services will enable the parties to obtain these goods, materials, equipment, supplies and services in better terms and/or prices than by making such purchases individually, and both desire to increase efficiency and effectiveness of such purchasing by acting jointly in competitively procuring selected goods, materials, equipment, supplies and services. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1. AGREEMENT This Agreement shall be for a term beginning from the date signed by each party and ending on March 31, 2011. This Agreement shall automatically renew for additional one (1) year terms thereafter unless a party gives written notice to the other parties of their desire not to renew. The written notice required shall be at least sixty (60) days prior to the expiration of an existing one- year term. The Agreement shall remain in effect among those parties who have not requested to withdrawal from the Agreement. The Agreement may be amended administratively from time to time by existing parties to include additional cities who may wish to join this Agreement under its existing terms. 2. SCOPE AND IMPLEMENTATION It is the intent of the parties that the joint or cooperative purchasing through each other's agreements will be as broad as is allowed by applicable state statutes. Unless otherwise prevented by law, it is the intent of the parties that the parties may take part in joint purchase for goods, materials, equipment, supplies and services they may need to carry out their governmental functions, and that all parties will make reasonable efforts to allow the others to make purchases under its agreements. Any purchasing contract or purchase order shall be acknowledged by the supplier and shall be considered as being issued under this Agreement and shall be subject to all of the terms and conditions of this Agreement without the necessity of those being set out or specifically referred to in such purchasing contract or purchase order. 3. COMPENSATION The parties agree to share the cost of the respective joint solicitations in a fair and equitable manner, to be agreed upon in connection with each such solicitation. 4. COMPLIANCE WITH LAWS The parties hereby agree to abide by and obey all applicable focal, state and federal laws and requirements, which apply to their respective procurement policies. It is specifically understood and agreed that whichever party is handling the preparation and processing of the joint invitations for bid shall comply with all legal requirements for competitive bidding which are applicable to both parties 5. NOTICES Any notices or other communication required or allowed to be given by one party to the other parties pursuant to this Agreement shall be electronically submitted, hand delivered, or mailed by United States Postal Service, proper postage affixed to the addresses shown below: To: City of Keller: Purchasing Technician 1100 Bear Creek Parkway P.O. Box 770 Keller, Texas 76244 Karla Parker(817) 743-4030 Email Address: kparker@cityofkeller.com To: City of Southlake Purchasing Manager 1400 Main Street, Suite 440 Southlake, Texas 76092 Tim Slifka (817) 748-8312 Email Address: tslifka @ci.southlake.tx.us To: City of Colleyville Strategic Services Manager 100 Main Street Colleyville, Texas 76034 Eric Ellwanger (817) 503-1112 Email Address: eeliwanger@colleyvi lie,com To: City of Grapevine Purchasing Agent 501 Shady Brook Drive, Suite 108 Grapevine, Texas 76051 Bob Smeby (817) 410-3335 bsmeby@grapevinetexas.gov Pace 7 6. GOVERNING LAW AND VENUE This Agreement shall be governed by and interpreted in accordance with the laws of the State of Texas. This Agreement is entered into and is to be performed, wholly or in part, in the State of Texas and in Tarrant County, Texas. In any action brought under the agreement, venue shall be exclusively in Tarrant County, Texas. In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. 7. MISCELLANEOUS PROVISIONS By execution of this Agreement, each party represents to the others that: a. In performing its duties and obligations hereunder, it will be carrying out one or more governmental functions or services, which it is authorized to perform; b. The undersigned officer or agent of the party has been properly authorized by that party's governing body to execute this Agreement and that any necessary resolutions extending such authority have been duly passed and are now in effect. c. All payments required or permitted to be made by a party will be made from current revenues available to the paying party; and d. All payments provided hereunder by one party to the other, if any, shall be such amounts as to fairly compensate the other party for the services or functions performed hereunder. 8. CONSTRUCTION OF AGREEMENT This Agreement represents the full, final and complete agreement of the parties related to its subject matter and shall supersede any previous interlocal purchasing agreements between the parties. The Agreement may not be added to, contradicted or otherwise modified by evidence of prior or contemporaneous agreement or subsequent oral agreements or statements of either of the parties, nor by any writing not signed by all parties after the date of this Agreement. No representations, inducements, promises, or agreements, oral or otherwise, not embodied or incorporated herein shall be of any force or effect. In case of any apparent ambiguity or conflict among any of the terms or provisions of this Agreement, they shall be construed as nearly as possible as to effectuate each and all of such terms or provisions keeping in mind that the overriding purpose of this Agreement is the public purpose of increasing the efficiency and effectiveness of the respective purchases of goods, materials, equipment and supplies by the parties. �a frA,a V IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the dates below. City of Keller, Texas: City of Southlake, Texas: By: By: NAME: NAME: TITLE: TITLE: DATE: DATE: ATTEST: ATTEST: By: By: NAME: NAME: TITLE: TITLE: APPROVED AS TO FORM AND LEGALITY APPROVED AS TO FORM AND LEGALITY By: By: NAME: TITLE: TITLE: City of Colleyville, Texas: City of Grapevine, Texas: By: By: NAME: NAME: TITLE: TITLE: DATE: DATE: ATTEST: ATTEST: By: By: NAME: NAME: TITLE: TITLE: APPROVED AS TO FORM AND LEGALITY APPROVED AS TO FORM AND LEGALITY By: By: NAME: NAME: TITLE: TITLE: Donn A _... .... +"qm ro yj 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 CITIES OF KELLER, SOUTHLAKE AND COLLEYVILLE, 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 interlocalll purchasing agreements with other qualified entities in the State of Texas; and WHEREAS, the Cities of Keller, Southlake and Colleyville, Texas are 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 Cities of Keller, Southlake and Colleyville, Texas and participate in contracts established by the Cities of Keller, Southlake and Colleyville. NOW,THEREFORE, BE IT RESOLVED BYTHE 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 Cities of Keller, Southlake and Colleyville, 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