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Item 4ECity of Southlake, Texas MEMORANDUM May 15, 2007 To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Public Works Director Subject: Approve Inter -local Purchasing Agreement with the City of Hurst. Action Requested: Approve Inter -local Purchasing Agreement with the City of Hurst. Background Information: Staff approached the City of Hurst to establish an inter -local cooperative purchasing agreement to take advantage of the numerous annual contracts that the City of Hurst has for materials and services for which the City of Southlake has common needs. Both cities are bound by the same purchasing State mandated purchasing regulations. In order for this agreement to become effective, the governing bodies of both parties must authorize its execution. This agreement will be presented to the Hurst City Council following Southlake's approval and will become effective upon execution by the City of Hurst. It will be applicable to all existing and future contracts for goods and services, subject to the approval of the vendor or service provider. Financial Considerations: This agreement has the potential to provide mutual financial benefit to both municipalities. Citizen Input/ Board Review: None Legal Review: City Attorney has reviewed and approved this agreement. Alternatives: The City Council may approve or deny this request. Supporting Documents: Inter -local Purchasing Agreement with the City of Hurst Staff Recommendation: Authorize the approval of an Inter -local Purchasing Agreement with the City of Hurst. Staff Contact: Robert H. Price, P.E., Director of Public Works Chuck Kendrick, Deputy Director of Public Works - Operations February 21, 2007 Deb Russell, Purchasing Agent City of Southlake 1400 Main Street, Suite 440 Southlake, TX 76092 r E Otyor Hurst Subject: Purchasing Interlocal Agreement Between the Cities of Hurst and Southlake Dear Deb: As discussed, please find attached an original of the interlocal agreement that will need to be executed by your appropriate authority. Please make three copies of the agreement, have your authority sign all three, and mail all three hard copies to me. I will ask that our City Manager approve. Once approved, I will return a signed original to you for your files. This agreement provides the tool for both Cities, the City of Hurst and Southlake, to use either City's purchasing agreements. Once your staff decides which agreement they would like to use, please let me know so I can notify the Supplier or Contractor. If you need any additional information or have any questions, I can be reached at 817 - 788 -7018 or by e -mail at scole@ci.hqrst.tx.us I look forward to working with you throughout this mutual agreement. Sincerely, 5 4�z Stephen Cole Risk/Purchasing Manager cc: File interlocal agreement with city of southlake cover ltr -0207 817/788 -7000 1505 Precinct Line Road Hurst, Texas 76054 www.ci.hurst.tx.us INTERLOCAL AGREEMENT BETWEEN THE CITY OF HURST AND THE CITY OF SOUTHLAKE This agreement is made this day of , 2007, between the City of Hurst and the City of Southlake, Texas. Pursuant to the authority granted by the "Texas Interlocal Cooperation Act ", Chapter 791 Texas Government Code, providing for the cooperation between local government bodies, the parties hereto, in consideration of the premises and mutual promises contained herein agree as follows: Whereas, the parties, in performing governmental functions or in paying for the performance of governmental functions hereunder shall make that performance or those payments from current revenues legally available to that party; Whereas, the governing bodies of each party find that the subject of this contract is necessary for the benefit of the public, and that each party has the legal authority to perform and to provide the governmental function or service which is the subject matter of this contract; furthermore, the governing bodies find that the performance of this contract is in the common interest of both parties; and that the division of cost fairly compensates the performing party for the services performed under this contract. I. The City of Southlake, hereby makes, constitutes and appoints the City of Hurst its true and lawful purchasing agent for the purchase of various commodities or services provided by contracts or purchase agreements, hereinafter referred to as contract, awarded by the City of Hurst. Conversely, The City of Hurst, hereby makes, constitutes and appoints the City of Southlake its true and lawful purchasing agent for the purchase of various commodities or services provided by contracts awarded by the City of Southlake. To utilize one or more of existing contracts, the non- contract awarding City must request authorization from the contract awarding City. Upon receipt of request, the contract awarding City will seek approval from the contracted provider. The non- awarding City agrees that the awarding City shall serve as the purchasing agent for selected items, and agrees that the bidding shall be conducted by the awarding City according to its usual bidding procedures. II. Each party to this agreement agrees that all specifications for selected items or services shall be as determined by the contract awarding City. III. Each party agrees to pay the supplier for its respective goods and services purchased pursuant to this agreement. The successful bidder or bidders shall bill directly the City placing order for all goods and services purchased, and that City shall be responsible for the supplier or contractor's compliance with all conditions of delivery and quality of the procurement. interlocal agreement with city of southhlake -0207 (1) IV. Deb Russell, or her successor, is hereby designated as the official representative to act for the City of Southlake in all matters relating to this agreement. Stephen Cole, or his successor, is hereby designated as the official representative to act for the City of Hurst in all matters relating to this agreement. V. This agreement shall take effect upon execution by both signatories. VI. Either party may terminate the Agreement by giving the other party as least thirty (30) days written notice of termination, provided all work accomplished or goods or services provided shall be paid for in accordance with the contract up to the date the termination becomes effective. VII. Either party agrees to be responsible for any and all liability or damages to itself or any other party, individual, or entity arising fioam the sole negligence of said party. The two (2) parties agree that damages or liability occurring during the performance of this Agreement caused by the joint or commparative negligence of both parties, their agents, servants and employees, shall be determined in accordance with the comparative responsibility requirements of the State of Texas. VIII. If it is a larger public works project, there will be statutory bid, performance, payment and >materialmen bonds. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers the day and year first above written. CITY OF SOUTHLAKE CITY OF HURST ISM Title Date Title City Manager Date interlocal agreement with city of southlake -0207 (2)