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Item 4E - MemoM E M O R A N D U M September 15, 2020 To: Shana Yelverton, City Manager From: Sharen Jackson, Chief Financial Officer Timothy Slifka, Purchasing Manager Subject: Item 4E Approve Interlocal Purchasing Agreement with the City of Irving Action Requested: Approve interlocal purchasing agreement with City of Irving. Background Information: The Finance Department continually researches ways of lowering costs for City required goods and services. One area we have identified as having a dramatic effect in reducing overall costs for goods and services is our interlocal and cooperative purchasing agreements. Texas Government Code Chapter 791 and Local Government Code, Chapter 271 Subchapter F, Cooperative Purchasing Program, Section 271.101 and 271.102 allow local governments to enter interlocal purchasing agreements. Southlake City Council passed Resolution 12-049 on October 16, 2012 allowing designation of approval requirement to the City Manager or designee. The City of Irving has requested, due to their local requirements, this purchasing interlocal to be approved and authorized by our City Council in place of our City Manager. Financial Considerations: None Strategic Link: Focus Areas – Partnerships & Volunteerism C5 – Promote opportunities for partnerships & volunteer involvement by using interlocal purchasing agreements with eligible entities B2 – Collaborate with select partners to implement service solutions by entering interlocal purchasing agreements to leverage increased buying power Citizen Input/ Board Review: None Legal Review: Attorney reviewed as to form Alternatives: Deny approval and not enter interlocal purchasing agreement with City of Irving Supporting Documents: Interlocal Purchasing Agreement Staff Recommendation: Approve interlocal purchasing agreement with City of Irving. Page 1 STATE OF TEXAS § § COUNTY OF DALLAS § INTERLOCAL COOPERATION AGREEMENT This Interlocal Cooperation Agreement (“Agreement”) is by and between the City of Irving, Texas (“Irving”), and the City of Southlake, Texas (“Southlake”), 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. Page 2 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. 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 Irving City Manager or his or her designee is authorized to act on behalf of Irving in all matters relating to this cooperative purchasing program. The Southlake City Manager or his or her designee is authorized to act on behalf of Southlake in all matters relating to this cooperative purchasing program. Each party shall make payments 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. Page 3 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. 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. IN WITNESS WHEREOF, the parties’ action under authority of their respective governing bodies has caused this Agreement to be executed and effective as of the last date written below. CITY OF IRVING, TEXAS CITY OF SOUTHLAKE, TEXAS ___________________________ __________________________________ RICHARD H. STOPFER, LAURA HILL Mayor Mayor Date: ______________________ Date: _____________________________ ATTEST: ATTEST: ___________________________ __________________________________ SHANAE JENNINGS, AMY SHELLEY, TRMC City Secretary City Secretary APPROVED AS TO FORM: APPROVED AS TO FORM: _________________________ ___________________________ KURUVILLA OOMMEN, City Attorney Irving City Attorney