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Item 5CCity of Southlake, Texas MEMORANDUM July 18, 2006 To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Public Works Director Subject: Authorize an Interlocal Agreement with the Carroll Independent School District. Action Requested: Authorize execution of an Interlocal Agreement for Services between the Carroll Independent School District and the City of Southlake. Background Information: Staff was recently approached by Carroll ISD to determine if the City would enter in to an interlocal purchasing agreement allowing both parties to benefit from purchasing contracts for goods and services of the other party. Since both parties are bound by the same purchasing regulations, this agreement would have the potential to save staff time and share the benefits of competitive pricing. In order for this arrangement to become effective, the governing bodies of both parties must authorize the agreement by executing the interlocal purchase agreement. 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: This agreement can potentially save the contracting parties both time and money. Citizen Input/ Board Review: None Legal Review: City Attorney has reviewed and approved this agreement. Alternatives: The City Council may approve or deny this proposal. Supporting Documents: Interlocal Agreement for Services with CISD Staff Recommendation: Authorize execution of an Interlocal Agreement for Services with the Carroll Independent School District. Staff Contact: Robert H. Price, P.E., Public Works Director Chuck Kendrick, Public Works Operations Manager STATE OF TEXAS COUNTY OF TARRANT INTERLOCAL AGREEMENT FOR GOODS AND SERVICES This agreement is by and between Carroll Independent School District, an independent school district of the State of Texas located in Tarrant County, Texas, and the City of Southlake, a municipality in Tarrant County, of which may also be referred to herein as "Parties" or individually as "Party ". WHEREAS, Chapter 791 of the Texas Government Code, (the Interlocal Cooperation Act) permits agreements between political subdivisions such as the Parties to provide governmental functions and services; and WHEREAS, Chapter 271, Subchapter F of the Texas Local Government Code authorizes local governments to form cooperative purchasing programs; and WHEREAS, the Parties wish to increase their efficiency and effectiveness by contracting with one another to provide governmental functions or services or to jointly procure products or services from third parry suppliers; NOW, THEREFORE, in consideration of the mutual promises and agreements set forth below, Carroll ISD and the City of Southlake hereby agree as follows: L TERM 1.1 The initial term of this Agreement will commence on June 1, 2006, and end on May 31, 2007. The term of this Agreement shall be extended automatically for additional one (1) year terms until termination by any Party giving thirty (30) days written notice to the other Party. In the event the agreement is terminated prior to the end of a term, any services to be provided and the compensation for same pursuant to section II shall be provided through the date of termination. IL PURPOSE OF THE AGREEMENT 2.1 The purpose of this agreement is to establish a cooperative purchasing program in accordance with Chapter 271, Subchapter F of the Texas Local Government Code to allow the Parties jointly to procure goods and services. 2.2 Upon the mutual agreement of the Parties for the provision of and payment for goods or services between the Parties, an addendum will be attached hereto that defines the nature and scope of the goods or services to be provided and the beginning and ending dates for the provision of such goods or services. The addendum will also specify the amount to be paid to the Party providing the goods or services to fairly compensate it for the same. 2.3 Upon the mutual agreement of the Parties for the joint solicitation and procurement of goods or services from a third parry supplier, an addendum will be attached hereto that describes the goods or services sought and the method by which they will be procured. In the event the Parties agree upon a third parry service or product supplier, each Party will enter into a separate agreement with that supplier provided, however, that the fees to be paid for such service or product will be the same for all Parties procuring same. 2.4 Neither Party shall enter into a contract to procure goods or services from a vendor that already supplies the other Party with the same goods or services unless either (i) the second Party procures those goods or services at the same or a higher price than the original Party or (ii) the vendor agrees to provide the goods or services to both Parties at an equally low price under the new procurement. III. DESIGNATION OF PARTY REPRESENTATIVES 3.1 The Parties hereby designate the following officers, or their authorized designees, as the Parties' respective representatives to act under the direction, and on behalf of, the Parties in all matters relating to the Cooperative Purchasing Program established by this agreement: City Manager Superintendent City of Southlake Carroll Independent School District 1400 Main Street, Suite 460 3051 Dove Road Southlake, Texas 76092 Grapevine, Texas 76051 Any notices or other communications required or allowed to be given under this agreement shall be hand delivered or mailed by United States mail, postage paid, to a Party's designated representative. IV. NO ASSIGNMENT 4.1 This agreement may not be assigned by any Party without first obtaining the written consent of all Parties. V. CURRENT REVENUE 5.1 All payments, contributions, fees, and disbursements to be paid by a Party hereunder shall only be made from current revenues budgeted and available to said Party. VI. LIABILITY APPORTIONMENT 6.1 In the event of negligence on the part of any Party, legal liability, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without, however, waiving any governmental immunity available to any Party under Texas law. 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 third party. VII. UNDERSTANDING 7.1 This Agreement sets forth the complete understanding by and between the Parties and supersedes any prior written or oral agreements between them. VIII. VENUE 8.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Any legal action or proceedings brought or maintained, directly or indirectly, as a result of this Agreement shall be heard and determined in Tarrant County, Texas. EXECUTED this day of 2006, by Carroll Independent School District, Tarrant County, Texas (Name) (Title) EXECUTED this day of 2006, by the City of Southlake, Tarrant County, Texas (Name) (Title)