HomeMy WebLinkAboutItem 11 - Asphalt Pavement RecyclingRecycling of asphalt pavement
Cutler Repaving
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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
UNIVERSITY PARK, 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 University Park, 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 University Park, Texas, and participate in contracts established
by the City of University Park, 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 agreement with the City of University Park, 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 17th day of April, 2007.
ATTEST:
APPROVED AS TO FORM:
RES. NO.
STATE OF TEXAS §
COUNTY OF DALLAS §
INTERLOCAL COOPERATION AGREEMENT
This Interlocal Cooperation Agreement ("Agreement") is by and between the City of University
Park, Texas ("University Park"), and the City of Grapevine, Texas ("Grapevine"), acting by and through
their authorized officers.
RECITALS:
WHEREAS, this Agreement is authorized by Chapter 791 of the Texas Government Code and
Subchapter F, Chapter 271, Texas Local Government Code; and
WHEREAS, Section 271.102 of the TEX. Loc. Gov'T CODE authorizes a local government to
participate in a Cooperative Purchasing Program with another local government or a local cooperative
organization; and
WHEREAS, a local government that purchases goods and services pursuant to a Cooperative
Purchasing Program with another local government satisfies the requirement of the local government to
seek competitive bids for the purchase of the goods and materials; and
WHEREAS, each party has and will on an annual basis obtain competitive bids for the purchase
of goods and services; and
WHEREAS, the parties desire to enter into a cooperative purchasing program which will allow
each party to purchase under goods and services under each other's competitively bid contracts pursuant
to Subchapter F, Chapter 271 of the TEX. Loc. Gov'T CODE;
NOW THEREFORE, in consideration of the mutual covenants and promises contained herein,
the parties agree as follows:
ARTICLE I
PURPOSE
The purpose of this Agreement is to establish a cooperative purchasing program between the
parties, which will allow each party to purchase goods and services under each other's competitively bid
contracts pursuant to Subchapter F, Chapter 271 of the TEX. Loc. Gov'T CODE.
63149
ARTICLE II
TERM
The term of this Agreement shall be for a period of one (1) year commencing on the last date of
execution hereof ("August 1, 2007"). Thereafter this Agreement shall automatically renew for
successive periods of one (1) year each under the terms and conditions stated herein, unless sooner
terminated as provided herein.
ARTICLE III
TERMINATION
Either party may terminate this Agreement by providing thirty (30) days prior written notice to
the other party.
ARTICLE IV
PURCHASING
The City Manager or designee for each of party is authorized to act on behalf of the respective
party in all matters relating to this cooperative purchasing program. Each party shall make payments to
the other party or directly to the vendor under the contract made pursuant to Subchapter F, Chapter 271
of the TEX. Loc. Gov'T CODE. Each party shall be responsible for the respective vendor's compliance
with provisions relating to the quality of items and terms of delivery.
ARTICLE V
MISCELLANEOUS
5.1 Relationship of Parties: This Agreement is not intended to create, nor should it be construed as
creating, a partnership, association, joint venture or trust.
5.2 Notice: Any notice required or permitted to be delivered hereunder shall be deemed received
when sent in the United States Mail, Postage Prepaid, Certified Mail, Return Receipt Requested, or by
hand -delivery or facsimile transmission addressed to the respective party at the address set forth below
the signature of the party.
5.3 Amendment: This Agreement may be amended by the mutual written agreement of both parties
hereto.
5.4 Severability: In the event 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 the other provisions, and the Agreement shall be construed as if such
invalid, illegal, or unenforceable provision had never been contained in this Agreement.
5.5 GovernintZ Law: The validity of this Agreement and any of its terms and provisions as well as
the rights and duties of the parties, shall be governed by the laws of the State of Texas; and venue for
any action concerning this Agreement shall be in the State District Court of Dallas County, Texas.
63149
5.6 Entire Agreement: This Agreement represents the entire agreement among the parties with
respect to the subject matter covered by this Agreement. There is no other collateral, oral or written
agreement between the parties that in any manner relates to the subject matter of this Agreement.
5.7 Recitals: The recitals to this Agreement are incorporated herein.
5.8 Counterparts: This Agreement may be executed in any number of counterparts, each of whom
shall be deemed an original and constitute one and the same instrument.
EXECUTED this day of , 2007.
ATTEST:
CITY SECRETARY
LIN,
CITY OF UNIVERSITY PARK, TEXAS
T. ROBERT LIVINGSTON, CITY MANAGER
3800 University Park Blvd.
University Park, Texas 75205
EXECUTED this day of , 2007.
ATTEST:
CITY SECRETARY
63149
CITY OF GRAPEVINE, TEXAS
By:
BRUNO RUMBELOW, ASSISTANT CITY MANAGER
200 S. MAIN ST.
Grapevine, Texas 76051