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HomeMy WebLinkAboutItem 12 - Interlocal Purchasing MEIM MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY ,.MANAGE MEETING DATE: AUGUST 21, 2012 SUBJECT: APPROVAL OF A RESOLUTION TO ESTABLISH AN INTERLOCAL COOPERATIVE PURCHASING AGREEMENT WITH THE CITY OF HURST, TEXAS RECOMMENDATION: City Council to consider approval of a resolution authorizing an Interlocal Cooperative Purchasing Agreement with the City of Hurst. This agreement would allow the City of Grapevine and the City of Hurst 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 Hurst 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 Hurst 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 Hurst 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 INTERLOCAL AGREEMENT BETWEEN THE CITY OF HURST AND THE CITY OF GRAPEVINE This agreement is made this day of , 2012, between the City of Hurst and the City of Grapevine, Texas. Pursuant to the authority granted by the "Texas Interlocal Cooperation Act", Chapter 791 Texas Government Code, providing for the cooperation between local government bodies, the parties hereto, in consideration of the premises and mutual promises contained herein agree as follows: 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; Whereas, the governing bodies of each party find that the subject of this contract is necessary for the benefit of the public, and that each party has the legal authority to perform and to provide the governmental function or service which is the subject matter of this contract; furthermore, the governing bodies find that the performance of this contract is in the common interest of both parties; and that the division of cost fairly compensates the performing party for the services performed under this contract. I. The City of Grapevine, hereby makes, constitutes and appoints the City of Hurst its true and lawful purchasing agent for the purchase of various commodities or services provided by contracts or purchase agreements, hereinafter referred to as contract, awarded by the City of Hurst. Conversely, The City of Hurst, hereby makes, constitutes and appoints the City of Grapevine its true and lawful purchasing agent for the purchase of various commodities or services provided by contracts awarded by the City of Grapevine. To utilize one or more of existing contracts, the non-contract awarding City must request authorization from the contract awarding City. Upon receipt of request, the contract awarding City will seek approval from the contracted provider. The non-awarding City agrees that the awarding City shall serve as the purchasing agent for selected items, and agrees that the bidding shall be conducted by the awarding City according to its usual bidding procedures. II. Each party to this agreement agrees that all specifications for selected items or services shall be as determined by the contract awarding City. III. Each party agrees to pay the supplier for its respective goods and services purchased pursuant to this agreement. The successful bidder or bidders shall bill directly the City placing order for all goods and services purchased, and that City shall be responsible for the supplier or contractor's compliance with all conditions of delivery and quality of the procurement. $interlocal agreement with city of grapevine-0812.doc (1) N. Bob Smeby, or his successor, is hereby designated as the official representative to act for the City of Grapevine in all matters relating to this agreement. Stephen Cole, or his successor, is hereby designated as the official representative to act for the City of Hurst in all matters relating to this agreement. V. This agreement shall take erect upon execution by both signatories. VI. Either party may terminate the Agreement by giving the other party as least thirty(30) days written notice of termination,provided all work accomplished or goods or services provided shall be paid for in accordance with the contract up to the date the termination becomes effective. VII. Either party agrees to be responsible for any and all liability or damages to itself or any other party, individual, or entity arising from the sole negligence of said party. The two (2) parties agree that damages or liability occurring during the performance of this Agreement caused by the joint or comparative negligence of both parties, their agents, servants and employees, shall be determined in accordance with the comparative responsibility requirements of the State of Texas. VIII. If it is a larger public works project,there will be statutory bid,performance,payment and materialmen bonds. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers the day and year first above written. CITY OF GRAPEVINE CITY OF HURST By By Title Title City Manager Date Date $interlocal agreement with city of grapevine-0812.doc (2) "m 00 ID Ir M 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 A INTERLOCAL COOPERATIVE PURCHASING AGREEMENT WITH HE CITY OF HURST, 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 Hurst, 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 Hurst, Texas and participate in contracts established by the City of Hurst, 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 Hurst, 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 21 st day of August, 2012. APPROVED: ATTEST: APPROVED AS TO FORM: RES. NO. 2