HomeMy WebLinkAboutItem 09 - Interlocal Purchasing Agreement a d
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MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER?k-----
MEETING DATE: MAY 15, 2012
SUBJECT: APPROVAL OF A RESOLUTION TO ESTABLISH AN
INTERLOCAL COOPERATIVE PURCHASING AGREEMENT
WITH THE CITIES OF KELLER, SOUTHLAKE AND
COLLEYVILLE, TEXAS
RECOMMENDATION:
City Council to consider approval of a resolution authorizing an Interlocal Cooperative
Purchasing Agreement with the Cities of Keller, Southlake and Colleyville, Texas. This
agreement would allow the City of Grapevine and the Cities of Keller, Southlake and
Colleyville, Texas to purchase various goods and services commonly utilized by these
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 Cities
of Keller, Southlake and Colleyville, Texas 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 Cities of Keller, Southlake and Colleyville, Texas and the City of Grapevine
purchase common goods and services, establishing a cooperative purchasing
agreement between these agencies would reduce administrative costs and increase
savings for participating agencies.
Staff recommends approval of a resolution to establish the interlocal agreement
between the Cities of Keller, Southlake and Colleyville, Texas and the City of Grapevine
to participate in various contracts established by these agencies. The Interlocal
Cooperative Purchasing Agreement is attached for review.
Staff recommends approval.
INTERLOCAL GOVERNMENTAL AGREEMENT FOR PURCHASING
This Agreement is made and entered into by and between the cities of Keller, Texas, Southlake,
Texas, Colleyville, Texas and Grapevine, Texas (hereinafter referred to as the "parties"), all of
whom are governmental agencies within the State of Texas, acting by and through their duly
authorized City Councils or City Managers.
WHEREAS, the parties are political subdivisions of the State of Texas and are authorized to enter
into an agreement with each other relative to governmental functions and services by the interlocal
Cooperating Act, Texas Government Code, Chapter 791; and
WHEREAS, the parties believe that cooperating in the purchasing of various goods, materials,
equipment, supplies and services which both parties use in carrying out their governmental
functions and services will enable the parties to obtain these goods, materials, equipment, supplies
and services in better terms and/or prices than by making such purchases individually, and both
desire to increase efficiency and effectiveness of such purchasing by acting jointly in competitively
procuring selected goods, materials, equipment, supplies and services.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained
herein, the parties agree as follows:
1.
AGREEMENT
This Agreement shall be for a term beginning from the date signed by each party and ending on
March 31, 2011. This Agreement shall automatically renew for additional one (1) year terms
thereafter unless a party gives written notice to the other parties of their desire not to renew. The
written notice required shall be at least sixty (60) days prior to the expiration of an existing one-
year term. The Agreement shall remain in effect among those parties who have not requested to
withdrawal from the Agreement. The Agreement may be amended administratively from time to
time by existing parties to include additional cities who may wish to join this Agreement under its
existing terms.
2.
SCOPE AND IMPLEMENTATION
It is the intent of the parties that the joint or cooperative purchasing through each other's
agreements will be as broad as is allowed by applicable state statutes. Unless otherwise
prevented by law, it is the intent of the parties that the parties may take part in joint purchase for
goods, materials, equipment, supplies and services they may need to carry out their governmental
functions, and that all parties will make reasonable efforts to allow the others to make purchases
under its agreements. Any purchasing contract or purchase order shall be acknowledged by the
supplier and shall be considered as being issued under this Agreement and shall be subject to all
of the terms and conditions of this Agreement without the necessity of those being set out or
specifically referred to in such purchasing contract or purchase order.
3.
COMPENSATION
The parties agree to share the cost of the respective joint solicitations in a fair and equitable
manner, to be agreed upon in connection with each such solicitation.
4.
COMPLIANCE WITH LAWS
The parties hereby agree to abide by and obey all applicable focal, 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
5.
NOTICES
Any notices or other communication required or allowed to be given by one party to the other
parties pursuant to this Agreement shall be electronically submitted, hand delivered, or mailed by
United States Postal Service, proper postage affixed to the addresses shown below:
To: City of Keller:
Purchasing Technician
1100 Bear Creek Parkway
P.O. Box 770
Keller, Texas 76244
Karla Parker(817) 743-4030
Email Address: kparker@cityofkeller.com
To: City of Southlake
Purchasing Manager
1400 Main Street, Suite 440
Southlake, Texas 76092
Tim Slifka (817) 748-8312
Email Address: tslifka @ci.southlake.tx.us
To: City of Colleyville
Strategic Services Manager
100 Main Street
Colleyville, Texas 76034
Eric Ellwanger (817) 503-1112
Email Address: eeliwanger@colleyvi lie,com
To: City of Grapevine
Purchasing Agent
501 Shady Brook Drive, Suite 108
Grapevine, Texas 76051
Bob Smeby (817) 410-3335
bsmeby@grapevinetexas.gov
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6.
GOVERNING LAW AND VENUE
This Agreement shall be governed by and interpreted in accordance with the laws of the State of
Texas. This Agreement 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 agreement, venue shall be
exclusively in Tarrant County, Texas. In the event that any portion of this Agreement 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.
7.
MISCELLANEOUS PROVISIONS
By execution of this Agreement, each party represents to the others that:
a. In performing 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 Agreement 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
d. All payments provided hereunder by one party to the other, if any, shall be such amounts
as to fairly compensate the other party for the services or functions performed hereunder.
8.
CONSTRUCTION OF AGREEMENT
This Agreement represents the full, final and complete agreement of the parties related to its
subject matter and shall supersede any previous interlocal purchasing agreements between the
parties. The Agreement 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 all parties after the date of this Agreement. No
representations, inducements, promises, or agreements, oral or otherwise, not embodied or
incorporated herein shall be of any force or effect. In case of any apparent ambiguity or conflict
among any of the terms or provisions of this Agreement, 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 Agreement is the public purpose of increasing the efficiency and
effectiveness of the respective purchases of goods, materials, equipment and supplies by the
parties.
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the dates below.
City of Keller, Texas: City of Southlake, Texas:
By: By:
NAME: NAME:
TITLE: TITLE:
DATE: DATE:
ATTEST: ATTEST:
By: By:
NAME: NAME:
TITLE: TITLE:
APPROVED AS TO FORM AND LEGALITY APPROVED AS TO FORM AND LEGALITY
By: By:
NAME:
TITLE: TITLE:
City of Colleyville, Texas: City of Grapevine, Texas:
By: By:
NAME: NAME:
TITLE: TITLE:
DATE: DATE:
ATTEST: ATTEST:
By: By:
NAME: NAME:
TITLE: TITLE:
APPROVED AS TO FORM AND LEGALITY APPROVED AS TO FORM AND LEGALITY
By: By:
NAME: NAME:
TITLE: TITLE:
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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 DESIGNEE TO ENTER INTO AN
INTERLOCAL COOPERATIVE PURCHASING AGREEMENT
WITH THE CITIES OF KELLER, SOUTHLAKE AND
COLLEYVILLE, 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 interlocalll purchasing agreements with other qualified entities in the State of
Texas; and
WHEREAS, the Cities of Keller, Southlake and Colleyville, Texas are 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 Cities of Keller, Southlake and Colleyville,
Texas and participate in contracts established by the Cities of Keller, Southlake and
Colleyville.
NOW,THEREFORE, BE IT RESOLVED BYTHE 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 Cities of Keller,
Southlake and Colleyville, 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 15th day of May, 2012.
APPROVED:
ATTEST:
APPROVED AS TO FORM:
RES. NO. 2