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Item 4DCITY OF SOUTH LAKE MEMORANDUM (June 16, 2009) To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Public Works Director Subject: Approve Interlocal Agreement between Tarrant County and the City of Southlake for the purchase of liquid asphalt Action Requested: Approve Interlocal Agreement between Tarrant County and the City of Southlake for the purchase of liquid asphalt. Background Information: The process of repairing asphalt pavement requires the use of a liquid asphalt emulsion to act as a bonding agent between the existing pavement and the new repair material. It also serves to prevent water penetration thus providing for a longer lasting repair. Insurance requirements at the City's previous supplier for this material will not allow them to dispense asphalt emulsion into vessels smaller than 1,000 gallons. The City's trailer - mounted emulsion container is 250 gallons. Because this insurance limitation has affected several area cities, Tarrant County, Pct. 3 has agreed to dispense and sell the product to the City of Southlake at the rate that they pay for this product. In order to take advantage of this offer the City must approve the interlocal purchasing agreement with Tarrant County. Financial Considerations: Funding is available for this item in the FY 09 Public Works operating budget under the street repair materials line item. Strategic Link: The Tarrant County interlocal agreement links to the City's strategy map relative to the focus areas of Infrastructure, and Quality Development. The specific corporate objectives that are met by this agreement include: Provide travel convenience within city and region, Collaborate with select partners to implement service solutions, and Invest to provide and maintain high quality public assets. Citizen Input/ Board Review: None Legal Review: None Alternatives: The City Council may approve or deny this agreement Supporting Documents: Letter and Interlocal Agreement Staff Recommendation: Approve Interlocal Agreement between Tarrant County and the City of Southlake for the purchase of liquid asphalt Staff Contact: Robert H. Price, P. E., Public Works Director Chuck Kendrick, Deputy Director of Public Works iiitliatltl C tl any ` y1 e e }� Q tl i0 •ietl Northeast Sub- Courthouse 645 Grapevine Hwy , Suite 6 Hurit, TX 76054 (8 17) 581 -3600 (817) 581 -3603 - Fax May 28, 2009 Mr. Bob Price Director of Public Works City of Southlake 1400 Main Street Southlake TX 76092 Dear Bob: TARRANT COUN'T'Y GARY FICKES COUNTY COMMISSIONER PRUCINCT NO. 3 Southlake Town Hall 1400 Main Street, Suite 410 Southlake, TX 76092 (8 17) 481 -8234 (8 17) 481 -8053 - Fax Enclosed are five copies of the Interlocal Agreement between Tarrant County and the City of Southlake for the City to purchase liquid asphalt from the County, together with a Notice to Proceed forma Would you please arrange for this Agreement to be placed before the Southlake City Council for approval. After it has been signed by tIae city, please return four fully executed copies and the Notice to Proceed to this office. Following approval by Commissioners Court, I will return one fully executed original to you Thank you for your assistance, If you have any questions, please give me a calla Sincerely, Mary nn Rike Executive Secretary encs. 11 pts-1 ", �\ JUN 2 2009 CITY OF SOUTfE DEFT. OF PUBLIC WORKS gfickes @ tarrantcounty.com NOTICE TO PROCEED The City of Southlake hereby notifies the County that the County may proceed with this Project, as specified in the attached Agreement, on or after (day /month /year) Authorized City Official City of Southlake THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT CONTRACT This Agreement made and entered into this the day of , 2008, by and between the COUNTY OF TARRANT, acting herein by and through its governing body the Commissioners Court, hereinafter referred to as COUNTY, and the CITY OF SOUTHLAKE acting herein by and through its governing body, hereinafter referred to as CITY, both of Tarrant County, State of Texas, witnesseth: WHEREAS, this Agreement is made under the authority granted by and pursuant to Chapter 791 of the Texas Government Code; and, WHEREAS, the party or parties paying for the performance of governmental functions or' services shall make payments therefore from current revenues available to the paying party; and, WHEREAS, the governing bodies of the two parties find that the project or undertaking is necessary for the benefit of the public and that each party has the legal authority to build or maintain the project or to provide such service, and the construction and improvement thereof is in the common interest of both parties hereto; and that the division of costs constitutes adequate consideration for each party. Consideration The COUNTY agrees to allow the CITY to purchase liquid asphalt from the Tarrant County Precinct Three Maintenance Facility at its contract price. The COUNTY will invoice the CITY for the liquid asphalt it supplies. The CITY will pay the COUNTY as invoiced. General Provisions By entering into this Agreement the parties do not create any obligations express or' implied other than those set forth herein and this Contract shall not create any rights in parties not signatories hereto. Nothing contained in this agreement is intended by the parties to create a partnership or . joint venture between the parties and any implication to the contrary is hereby expressly disavowed. It is understood and agreed that this Agreement does not create a ,joint enterprise, nor does it appoint any party as an agent of any other party, for any purpose whatsoever. _1- The parties to this Agreement do not intend by this Agreement that any specific third party may obtain a right by virtue of the execution or performance of this Agreement. This Agreement shall terminate at the end of one (1) year from the date within, unless renewed by both parties in writing. CITY: Authorized City Official ATTEST: CITY City Secretary COUNTY OF TARRANT: B. Glen Whitley County Judge ATTEST: COUNTY Gary Fickes County Commissioner, Precinct Thi °ee *APPROVAL AS TO FORM: District Attorney's Office -2- * By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorneys. -3-