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HomeMy WebLinkAboutItem 08 - Interlocal Agreement City of RichardsonITEM 0 g ..�P MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROGER NELSON, CITY MANAGER V#'/ MEETING DATE: MAY 3, 2005 SUBJECT: APPROVAL OF A RESOLUTION TO ESTABLISH AN INTERLOCAL AGREEMENT WITH THE CITY OF RICHARDSON RECOMMENDATION: City Council to consider approval of a resolution authorizing an Interlocal Agreement with the City of Richardson, Texas. This agreement would allow Grapevine and Richardson 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 Richardson and the City of Grapevine in order to participate in various contracts established by both agencies. Section 271.101 — 271.102 of the Texas Local Government Code permits cooperative purchasing agreements between government agencies. Because the City of Richardson and the City of Grapevine purchase common goods and services, establishing a cooperative purchasing agreement between the two agencies reduces administrative costs and increases the savings realized through the combination of purchased goods. Presently, the City of Richardson has an established contract for Globe protective clothing used by the Fire Department. The Grapevine Fire Department has a current inventory of Globe clothing and purchasing other types of protective clothing would render the current inventory obsolete. Utilizing the Richardson contract would provide the savings of a competitively bid contract and avoid the cost of obsolescence. Staff recommends approval of an interlocal agreement between the City of Richardson and the City of Grapevine to participate in various contracts established by both agencies. CD April 19, 2005 (9:34AM) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNATE TO ESTABLISH A INTERLOCAL AGREEMENT FOR COOPERATIVE PURCHASING WITH THE CITY OF RICHARDSON 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 271.101-271.102 to enter into a cooperative purchasing program agreement with other qualified entities in the State of Texas; and WHEREAS, the City of Richardson, is a qualified entity as authorized by Section 271.101 of the Texas Local Government Code; and WHEREAS, the City of Grapevine, Texas and the City of Richardson wish to utilize established contracts meeting all State of Texas bidding requirements for various goods and services. 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 Council of the City of Grapevine authorizes the establishment of an interlocal agreement for cooperative purchasing between the City of Richardson and the City of Grapevine. Section 3. That the City Manager, or his designee, is authorized to establish the interlocal agreement on behalf of the City of Grapevine, Texas. Section 4. 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 3rd day of May, 2005. F-MOT.-M-09=96 ATTEST: STATE OF TEXAS § COUNTY OF DALLAS § This Interlocal Cooperation Agreement ("Agreement") is by and between the City of Richardson, Texas ("Richardson"), 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: 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 The term of this Agreement shall be for a period of one (1) year commencing on the last date of execution hereof ("Effective Date"). 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. W- R i 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 Governing 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 ta 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 ATTEST: By: CITY SECRETARY EXECUTED this ATTEST: 63149 day of CITY SECRETARY 2005. CITY OF RICHARDSON, TEXAS DAN JOHNSON, DEPUTY CITY MANAGER 2005. 411 W. Arapaho Road P.O. Box 830309 Richardson, Texas 75083 CITY OF GRAPEVINE, TEXAS By: BRUNO RUMBELOW, ASSISTANT CITY MANAGER 200 S. MAIN ST. Grapevine, Texas 76051