Item 5DCity of Southlake, Texas
MEMORANDUM
June 20, 2006
To: Shana Yelverton, City Manager
From: Sharen Jackson, Director of Finance
Subject: Authorize a blanket Interlocal Cooperative Purchasing Agreement
with the City of Grapevine.
Action
Requested: Authorize a blanket Interlocal Cooperative Purchasing Agreement with the
City of Grapevine.
Background
Information: Staff originally approached the City of Grapevine for the establishment of
an interlocal cooperative purchasing agreement to expedite the acquisition
of concrete flatwork (sidewalks etc.). During those discussions it became
apparent that the City of Southlake could benefit from a blanket interlocal
agreement that allows the City of Southlake to prepare, execute, and
administer contracts with vendors at prices established in City of Grapevine
contracts. Both cities are bound by the same purchasing regulations. In
order for this agreement to become effective, the governing bodies of both
parties must authorize its execution.
This agreement will become effective upon execution and 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: None.
Citizen Input/
Board Review: None
Legal
Review: City Attorney had reviewed and approved this agreement.
Alternatives: The City Council may approve it, deny this proposal.
Supporting
Documents: Blanket Interlocal Cooperative Purchasing Agreement with the City of
Grapevine
Staff
Recommendation: Authorize a blanket Interlocal Cooperative Purchasing Agreement with the
City of Grapevine.
Staff
Contact: Sharen Jackson, Director of Finance
Robert H. Price, P.E., Director of Public Works
INTERLOCAL COOPERATIVE PURCHASING AGREEMENT
BY AND BETWEEN THE CITY OF GRAPEVINE, TEXAS AND
THE CITY OF SOUTHLAKE, TEXAS
THIS AGREEMENT is made and entered into by and between the CITY OF GRAPEVINE, a
home -rule municipal corporation located in Tarrant County, Texas (hereinafter referred to as "Grapevine "),
and the CITY OF SOUTHLAKE, a home -rule municipal corporation located in Tarrant County, Texas
(hereinafter referred to as "Southlake ")
WHEREAS, Section 271.101, Local Government Code, allows local governments to participate
in cooperative purchasing programs which allows the local governments to purchase from a contract
currently existing between another local government and a vendor, and such process satisfies the state law
for competitive bid requirements; and
WHEREAS, Grapevine has established various contracts for products and/or services, and
Southlake has a need for some of the products and/or services and desires to enter into a Cooperative
Purchasing Agreement with Grapevine pursuant to Chapter 271 et seq. (Cooperative Purchasing
Program), Local Government Code; and
WHEREAS, Southlake agrees to prepare, execute, and administer its own contracts with each
contract vendor and the City of Grapevine shall not be a party to Southlake (City's) agreement with the
vendor.
NOW, THEREFORE, Grapevine and Southlake, for the mutual consideration hereinafter
stated, agree as follows:
I.
EFFECTIVE DATE
The effective date of this Agreement shall be effective upon execution by the parties.
II.
DUTIES OF Southlake (City)
Southlake (City) agrees to prepare, execute, and administer its own contracts with the contract
vendor and Grapevine shall not be a party to the agreement with the vendor and the other governmental
entity. Grapevine shall have no obligations for payment to vendor for any services or goods incurred by
any party other than Grapevine. Any payments owed the vendor for services or goods shall be paid directly
by Southlake (City). Southlake (City) will be responsible for the vendor's compliance with provisions
relating to the quality of items and terms of delivery; and any other terms or conditions of its agreement
with the vendor.
III.
Current Revenue
The City of Southlake, Texas hereby warrants that all payments and disbursements required of it
hereunder shall be made from current revenues budgeted and available to the City of Southlake, Texas.
IV.
TERMINATION
This Agreement may be terminated at any time, with or without cause, by either party giving thirty
(30) days advance written notice to the other party.
V.
NOTICE
Notice as required by this Agreement shall be in writing delivered to the parties via facsimile or
certified mail at the addresses listed below. Each party shall notify the other in writing within ten (10) days
of any change in the information listed in this paragraph.
GRAPEVINE
Bruno Rumbelow
CITY MANAGER
City of Grapevine
200 S. Main St.
Grapevine, Texas 76051
Telephone: (817) 410 -3335
Facsimile: (817) 410 -3066
SOUTHLAKE
Shana Yelverton
CITY MANAGER
City of Southlake
1400 Main St., Suite 440
Southlake, Texas 76092
Telephone: (817) 748 -8003
Facsimile: (817) 748 -8010
VI.
HOLD HARMLESS
Each party does hereby agree to waive all claims against, release, and hold harmless the other
party and its respective officials, officers, agents, employees, in both their public and private capacities,
from any and all liability, claims, suits, demands, losses, damages, attorneys fees, including all expenses of
litigation or settlement, or causes of action which may arise by reason of injury to or death of any person or
for loss of, damage to, or loss of use of any property arising out of or in connection with this contract.
In the event of joint or concurrent negligence of the parties, responsibility, if any, shall be
apportioned comparatively in accordance with the laws of the State of Texas, without, however, waiving
any governmental immunity available to either party individually under Texas law. GRAPEVINE shall be
responsible for its sole negligence. Southlake (City) shall be responsible for its sole negligence. The
provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or
grant any rights, contractual or otherwise, to any other person or entity.
VII.
ENTIRE AGREEMENT
This Agreement represents the entire and integrated agreement between GRAPEVINE and
SOUTHLAKE (City) and supersedes all prior negotiations, representations and/or agreements, either
written or oral. This Agreement may be amended only by written instrument signed by both parties.
VIII.
This Agreement and any of its terms or provisions, as well as the rights and duties of the parties
hereto, shall be governed by the laws of the State of Texas, and this Agreement is performable in Tarrant
County, Texas. Exclusive venue shall be in Tarrant County, Texas.
IX.
SEVERABILITY
The provisions of this agreement are severable. In the event that any paragraph, section,
subdivision, sentence, clause, or phrase of this agreement shall be found to be contrary to the law, or
contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the
remaining portions of this agreement. However, upon the occurrence of such event, either party may
terminate this Agreement by giving the other party thirty (30) days written notice of its intent to terminate.
X.
AUTHORITY TO SIGN / CITY COUNCIL AUTHORIZATION
The undersigned officer and/or agents of the parties hereto are duly authorized officials and
possess the requisite authority to execute this Agreement on behalf of the parties hereto.
XI.
ASSIGNMENT AND SUBLETTING
The parties agree that the rights and duties contained in this Agreement will not be
assigned or sublet without the prior written consent of both parties.
XII.
INTERPRETATION OF AGREEMENT
This is a negotiated Agreement and should any part of this Agreement be in dispute, the parties
stipulate that the Agreement shall not be construed more favorably for either party.
XIII.
REMEDIES
No right or remedy granted herein or reserved to the parties is exclusive of any right or remedy
granted by law or equity; but each shall be cumulative of every right or remedy given hereunder. No
covenant or condition of this Agreement may be waived without the express written consent of the parties.
It is further agreed that one (1) or more instances of forbearance by either parry in the exercise of its
respective rights under this Agreement shall in no way constitute a waiver thereof.
EXECUTED in duplicate originals this day of
CITY OF SOUTBLAKE, TEXAS CITY OF GRAPEIVNE, TEXAS
By: By:
Shana Yelverton
CITY MANAGER
1400 Main St., Suite 440
Southlake, Texas 76092
APPROVED AS TO FORM:
Tim Sralla, CITY ATTORNEY
2006.
Bruno Rumbelow
CITY MANAGER
200 S. Main St.
Grapevine, Texas 76051
APPROVED AS TO FORM:
Matthew Boyle, CITY ATTORNEY
ACKNOWLEDGMENTS
STATE OF TEXAS )
CITY OF SOUTHLAKE, TEXAS
COUNTY OF TARRANT )
This instrument was acknowledged before me on the day of 1 2006,
by , City Manager of the CITY OF SOUTHLAKE, TEXAS, a home -rule
municipal corporation, on behalf of such corporation.
Notary Public, State of Texas
STATE OF TEXAS )
CITY OF GRAPEVINE, TEXAS
COUNTY OF TARRANT )
This instrument was acknowledged before me on the day of 1 2006
by BRUNO RUMBELOW, City Manager of the CITY OF GRAPEVINE, TEXAS, a home -rule
municipal corporation, on behalf of such corporation.
Notary Public, State of Texas