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