Item 4MCity of Southlake, Texas
MEMORANDUM
June 5, 2007
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Public Works Director
Subject: Approve an Interlocal Purchasing Contract with Tarrant County
Action
Requested: Approve an Interlocal Purchasing Contract with Tarrant County for the
purchase of Asphalt Emulsion.
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.
Recent changes in the insurance requirements at the City's 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 and the rate that they pay for this product. In order to take
advantage of this offer the City must approve the interlocal purchasing
contract with Tarrant County.
Financial
Considerations: Funding is available for this item in the FY 07 Public Works operating
budget under the street repair materials line item.
Citizen Input/
Board Review: None
Legal
Review: None.
Alternatives: The City Council may approve it, deny this contract.
Supporting
Documents: Purchasing contract with Tarrant County
Staff
Recommendation: Approve an Interlocal Purchasing Contract with Tarrant County.
Staff
Contact: Robert H. Price, P.E., Public Works Director
Chuck Kendrick, Deputy Director of Public Works - Operations
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT
CONTRACT
This Agreement made and entered into this the day of ,
2007, 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 prices. 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.
The parties to this Agreement do not intend by this Agr 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:
& Glen Whitley, County Judge
ATTEST: COUNTY
Gary Fickes, County Commissioner
Precinct Three
*APPROVAL AS TO FORM:
Tarrant County Criminal District Attorney's Office
* 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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