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
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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.
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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
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* 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.
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