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Home My WebLink AboutRES 1999-006 RESOLUTION NO. s9-Os A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF R GRAPEVINE, TEXAS AUTHORIZING THE MAYOR TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE CITY OF FORT WORTH, TEXAS FOR THE PURPOSE OF A COOPERATIVE PURCHASING PROGRAM AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Grapevine is a local government in the State of Texas and such as is empowered by the Texas Local Government Code, Section 271.102 to enter into a cooperative purchasing program agreement with other qualified entities in the State of Texas; and WHEREAS, the City of Fort Worth, Texas, is a qualified entity as authorized by Section 271.102 of the Texas Local Government Code; and WHEREAS, the City of Grapevine, wishes to utilize a City of Fort Worth vendor for the purchase of fuel. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY � OF GRAPEVINE, TEXAS: s� - Section 1. That all matters stated in the above preamble are true and correct and are incorporated herein as if copied in their entirely. Section 2. That the Mayor of the City of Grapevine is authorized to enter into a local Agreement with the City of Fort Worth, a copy of said agreement is attached hereto as Exhibit "A". 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 19th day of January, 1999. APPROVED: � I 1 Ted R. Wa e ° ` Mayor Pro Tem ��r� ATTEST: �:,<,,� �� Lin uff City Secretary APPR4VED AS T{� FORM: John F. Boyle, Jr. City Attorney �.�: ,: . � RES. NO. �s-os � E��r�r2. �o - �� __c_ o� . �,,� INTERLOCAL GOVERNMENTAL CONTRACT FOR PURCHAStNG CITY OF FORT WORTH AND � CITY OF GRAPEVINE This contract is made and entered into this day of , 1999 by and between the City of Grapevine, Texas, a governmental agency, (hereinafter referred to as Grapevine), acting by and thraugh its duly authorized Roger Nelson, Ci#y Manager, and the City af Fort worth, (hereinafter referred as Fort Worth) acting by and through Charles Boswell, its duly authorized Assistant City Manager. WNEREAS, Grapevine and Fort Worth {hereinafter co!lectively referred to as the "parties" or either"party"are poiitical subdivisions af the State af Texas authorized to contraet with each ather relative to .governmental functians and services by the Interlocal Caoperating Act, Texas Government Code, Chapter 791; and ' WHEREAS, the parties beEieve that coaperating in the purchasing af various goads, materials, equipment and supplies which both parties use in carrying out#heir governmental functions and services will enable the parties ta obtain these goods, materials, equipment and supplies in better terms and/nr prices than by making such purchases ir�dividually, and both desire to increase efficiency and effectiveness of such purchasing by acting joint in campetitively procuring selected goods, materials, equipment and supp[ies. NOW, TNEREFORE, for and in consideration of the mutual promises and covenants contained herein, the parties agree as follaws: 1. �.,.;, AGREEMENT This Contract shall be for a term of one (1)year beginning on , 1999, and ending on , 2Q00. This Contract shall au#omati�ally renew for one (1) year terms thereafter unless ane party gives written no#ice to the other party of its desire nat to renew. The written notice required shall be at least sixty (60)days prior to the expiration af an existing one year term. 2. SCOPE AND IMPLEMENTATlC?N It is the intent of the parties that the joint or cooperative purchasing through each other's contracts will be as broad as is alCowed by appticable state statu#es uNess otherwise prevented by Eaw. It is the intent of the parties tha# the two may take part in joint purchase far any goods and services they may need to carry auE their governmenta( functions, and that either one wiil use reasanable efforts to allow the other ta make purchases under its cantracts. In each instance, hawever, t(�ere shall be a "purchasing agreement" or "purchase order" issued by the entity desiring to make the purchase, and agreed to a cauntersigned by the entify having the contract with the supplier of goads or services, or which is the lead entity in that contract, which purchasing agreement or purchase order shall speciiy the supply cantract in question and se# aut any and all terms and conditions appropriate to such joint purchase. The purchasing agreement or purchase order shall be aeknowledged by the supplier and shall be considered as being issued under this agreement and shaEi be subject t4 all of the terms and conditions of this agreement wi#hout the necessity of thase being set out or specifically referred to in such purchasing agreement or purchase order. �,.� �� Page 1 EXH181T� TO ' � -l� Page _.;z� of _.�_ 3. �"°`' COMPLIANCE WITH LAWS �„,� The parties hereby agree to abide by and obey all applicable local, 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. 4. NOTICE Any notices or other communication required or allowed to be given by one party to the other pursuant to this Contract shall be hand delivered or mailed by United States Postal Service, proper postage affixed to the addresses shown below: . To City of Fort Worth: Purchasing Manager City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 To City of Grapevine Purchasing Agent P.O. Box 95104 Grapevine, Texas 76099 , , 5. GOVERNING LAW AND VENUE This contract shall be governed by and interpreted on accordance with the laws of the State of Texas. This contract 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 contract, venue shall be exclusively in Tarrant County, Texas. In the event that any portion of this contract 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. 6. MISCELLANEOUS PROVISIONS By execution of this contract, each party represents to the other that: a. In pertorming 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 contract 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 �...� Page 2 EXHidI�'._�.. 1'd ��-`�� Page ..�..� Of �� d. All payments provided at be hereunder by one party to the other shall be such amounts as to � -° fairly compensate the other party for the services or functions performed hereunder. �.,� 7. CONSTRUCTION OF CONTRACT This contract represents the full, final and complete agreement of the parties related to its subject matter and 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 both parties after the date of this contract. No representations, inducements, promises, or agreements, oral or otherwise, not embodied or incorporated herein shall be of any force or effect. In case if any apparent ambiguity or conflict among any of the terms or provisions of this contract, 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 contract is the public purpose of increasing the efficiency and effectiveness of the respective purchases of goods, materials, equipment and supplies by the.parties . IN WITNESS WHEREOF, the Parties hereto have executed this contract on this date, the � day of , 1999. City of Grapevine City of Fort Worth By: By: Roger Nelson Bob Terrell City Manager City Manager Attest: Attest: By: BY: �k:.,� Linda Huff Name: City Secretary City Secretary APPROVED AS TO FORM AND APPROVED AS TO FORM AND LEGALITY LEGALITY By: By: Name Name: City Attorney Assistant City Attorney FWintagr Page 3 �,.:�;� ��