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HomeMy WebLinkAboutItem 05 - City of Murphy ITEM # -S- MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER P MEETING DATE: APRIL 21, 2009 SUBJECT: APPROVAL OF A RESOLUTION TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE CITY OF MURPHY, COLLIN COUNTY, TEXAS RECOMMENDATION: City Council to consider approval of a resolution to enter into an Interlocal Agreement with the City of Murphy, Collin County, Texas. BACKGROUND: The City of Murphy, Collin County, Texas has requested to enter into an Interlocal Agreement with the City of Grapevine for the purpose of cooperative purchasing that will allow the City of Murphy and the City of Grapevine to purchase various goods and services commonly utilized by both entities. Establishing an Interlocal Agreement for the purpose of cooperative purchasing is permitted under the authority of Sections 271-101 — 271-102 of the Local Government Code. The City Council of the City of Murphy approved a resolution to enter into this agreement on April 6, 2009. The City of Murphy's Resolution number 09-R-635 and the proposed Interlocal Agreement is attached for review. Staff believes entering into an Interlocal Agreement for the purpose of cooperative purchasing would be beneficial to both the City of Murphy and the City of Grapevine and recommends approval. CD RESOLUTION NO. �N 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 AGREEEMENT WITH THE CITY OF MURPHY, COLLIN COUNTY, TEXAS FOR THE PURPOSE OF COOPERATIVE PURCHASING 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, Sections 271- 101 — 271-102 to establish an Interlocal Agreement for the purpose of cooperative purchasing; and WHEREAS, the City of Grapevine, Texas and the City of Murphy, Texas 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 in accordance with the Interlocal Agreement attached hereto as Exhibit "A". 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 establish an Interlocal Agreement with the City of Murphy for the purpose of cooperative purchasing of various goods and services. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 21st day of April, 2009. APPROVED: ATTEST: APPROVED AS TO FORM: RES. NO. 2 RESOLUTION NO.09-R-635 A RESOLUTION OF THE CITY OF MURPHY, COLLIN COUNTY, TEXAS, AUTHORIZING AN INTERLOCAL AGREEMENT FOR COOPERATIVE PURCHASING BETWEEN THE CITY OF MURPHY, TEXAS AND THE CITY OF GRAPEVINE,TEXAS. WHEREAS, the City of Murphy, Texas (hereinafter called "Murphy") desires to enter into an Interlocal Agreement with the City of Grapevine, Texas (hereinafter called "Grapevine") (collectively referred to as "Participants") as permitted under the authority of Section 271.101 — 271.102 of the Texas Local Government Code, wish to enter into this Interlocal Agreement to set forth the terms and conditions upon which Murphy and Grapevine may purchase various goods and services commonly utilized by both entities; and WHEREAS, the Participants 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 in accordance with the Interlocal Agreement attached hereto as Exhibit A. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Murphy, Texas that the City approves the Interlocal Agreement with the City of Grapevine, Texas to enter into the Interlocal Agreement for the cooperative purchasing. PASSED AND APPROVED by the City Council of the City of Murphy this 6th day of April,2009. RO Bret Baldwin,Mayor ATTEST: ttttttttttttttttttt Aimee Nemer, City Secretary AT E f ▪ r a w= • • s Agow Exhibit A Resolution No. 09-R-635 Aek oft. INTERLOCAL AGREEMENT FOR COOPERATIVE PURCHASING BETWEEN THE CITY OF MURPHY,TEXAS AND THE CITY OF GRAPEVINE,TEXAS This Interlocal Agreement for Cooperative Purchasing is made and entered into this 6th day of April , 2009, between the City of Murphy, Texas and the City of Grapevine, Texas (hereinafter "Agreement"). WITNESSETH: WHEREAS, the City of Murphy, Texas (hereinafter called "Murphy") and the City of Grapevine, Texas (hereinafter called "Grapevine") (collectively referred to as "Participants") as permitted under the authority of Section 271.101 - 271.102 of the Texas Local Government Code, wish to enter into this Interlocal Agreement to set forth the terms and conditions upon which Murphy and Grapevine may purchase various goods and services commonly utilized by both entities; WHEREAS, the Participants 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; and WHEREAS, participation in a Cooperative Purchasing Program will be highly beneficial to the taxpayers of Murphy and Grapevine through the anticipated savings to be realized. NOW, THEREFORE, in consideration of the foregoing and the mutual promises, covenants and obligations as set forth herein,Murphy and Grapevine agree as follows: 1.Both Participants will work cooperatively to provide a program for the purchase of various goods and services commonly utilized by Participants ("Cooperative Purchasing Program"), and under such Cooperative Purchasing Program may purchase goods and services from vendors under present and future contracts with either entity. 2. The Participants will enter into individual contracts with vendors under the Cooperative Purchasing Program provided for under this Agreement. The Participants shall be individually responsible for payment directly to the vendor and for the vendor's compliance with all conditions of delivery and quality of purchased items under such individual contracts. 3. The term of this Agreement shall be for five (5) years from the date hereof and may be renewed for two (2) additional (5) year terms. Any renewal of this Interlocal Agreement shall be in writing and signed by each party hereto at least thirty(30) days prior to any termination date. 4. Notwithstanding anything herein to the contrary, participation in the Agreement by Murphy or Grapevine may be terminated upon thirty(30)days written notice to the other entity. 5. Murphy designates James Fisher, City Manager, or his designee, to act on its behalf in all matters relating to the Cooperative Purchasing Program and Grapevine designates Bruno Rumbelow. City Manager, or his designee, to act on its behalf in all matters relating to the Cooperative Purchasing Program. 6. Miscellaneous Provisions: a) Notice. Any notice required to be sent under this Agreement must be in writing and may be served by depositing same in the United States Mail,addressed to the party to be notified, postage pre-paid and registered or certified with return receipt requested, or by delivering the same in person to such party via a hand-delivery service,Federal Express or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notice, the addresses of the parties shall be as follows: If to Murphy,to: James Fisher, City Manager City of Murphy 206 N Murphy Rd. Murphy,Texas 75094 If to Grapevine,to: Bruno Rumbelow, City Manager City of Grapevine 200 S.Main Street i....... Grapevine,Texas 76051 b) Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties hereto. c) Venue. This Agreement shall be construed in accordance with the laws of the State of Texas and shall be performable in Collin County,Texas d) Consideration. This agreement is executed by the parties hereto without coercion or duress and for substantial consideration,the sufficiency of which is forever confessed. e) Counterparts. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. f) Authority to Execute. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. g) Savings/Severability. In case 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 any other provision thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. h) Representations. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. i) Miscellaneous Drafting Provisions. This Agreement shall be deemed drafted equally by all parties hereto. The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement are for the convenience of the parties and are not intended to be used in construing this document. j) Sovereign Immunity. The parties agree that no party has waived its sovereign immunity by entering into and performing their respective obligations under this Agreement. k) Assignment. This Agreement or any part thereof shall not be assigned or transferred by any party without the prior written consent of the other party. EXECUTED hereto on the day and year first above written. City of Murphy,Texas City of Grapevine,Texas 'y: Allir By: Ja -s Fisher, i anager Bruno Rumbelow,City Manager Attest: Attest: g1/44/Mas-'‘ INYALA Aimee Nemer,City Secretary Linda Huff,City Secretary 1 i