Item 5DCity of Southlake, Texas
MEMORANDUM
July 18, 2006
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Public Works Director
Subject: Authorize execution of an Interlocal Cooperative Purchasing
Agreement with the City of University Park.
Action
Requested: Authorize an Interlocal Cooperative Purchasing Agreement with the City
of University Park.
Background
Information: Staff originally approached the City of University Park for the
establishment of an interlocal cooperative purchasing agreement to take
advantage of a contract that the City of University Park has for the
purchase of automated school zone signal equipment and software.
During those discussions, it became apparent that the City of Southlake
could benefit from a general purpose interlocal agreement that allows the
City of Southlake to prepare, execute, and administer contracts with
vendors at prices established in City of University Park 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 has already been approved by the University Park city
council and will become effective upon execution by the City of
Southlake. 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: None.
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: Inter local Cooperative Purchasing Agreement with the City of University
Park
Staff
Recommendation: Authorize execution of an Interlocal Cooperative Purchasing Agreement
with the City of University Park.
Staff
Contact: Robert H. Price, P.E., Director of Public Works
Chuck Kendrick, Public Works Operations Manager
STATE OF TEXAS
COUNTY OI+ DALLAS
INTERLO{CAL COOPERATION AGREEMENT
This lnterIocal Cooperation Agreement ("Agreement") is by and between tixe City
Of Southlake, Texas (" outlflake "), and the City of University Patk. Texas (" University
Park "), acting by and flu their authorized officers-
RECITALS:
WHEREAS, this Agreement is authorized by Chapter 791 of the TtxC
Gave, anent Code and Subeh pter F, Chapter 27 1, Texas 1,ocal Grovemment Code-, and
WHEREAS, Section 271.1 G2 of the Texas Local 0overnment Code authorizes a
local goverr=ent to participate in a Coolavra6VE: purl 111sing Program kv ifll another local
government or a local cooperative organixadon; and
ifEREA , a local government. that purchases goods and serviccs pursuant to a
opperwtivc: Purchasing Pi - ogram with another local ,government satisfies thr, requlrfnnent
of the local govcrnrnent to welt ronipetitive bids for the purcha -sc of the goods and
materials-, and
WHERE, E,A , each party ha�; and �vllt on an annual basis obtain cornpetitive bids
far thr, ptLrk:hase of gOOds and services; and
WHEREAS, the parties desir. . to enter into a cooperative purchasing prrrgraln
hiclti will allow each pars }r to purchase goods and service Linder cash other's
comlactitively bid coiitraetss pursuant to Subcliaptea F, Ch apter 271 of the T exas Local
Cjrrve=ient Code:
NOW THEREFORE, in consideration Of the mutu€tl cOvcnarrts and prorrtise.s
contained herejn, tha parties agrcc as foIIows;
ARTICI IP, I
PURPOSE
llhc purpose Of this Agreement is to establish a cooperative purchasing program
between the parties, which will. allow each party to purchase goods and services render
e ach +ether's competitively bid contracts pursuant to SO)chapter F, Chapter 271 of the
Texas Local [iovernmenl Corte.
5600
ART1C1LX 11
TERM
The term of this Agreement Tall be for a period of one (1) yreai commencing on
the last date of execution hereof ( "Effective Dat4� Thereafter this Agreement shall
automatically renew for successivc periods of one (1) year each Under the terms and
conditions stated he €ein. unless sooner term inatctd a8 piovided herein_
ARTIC1,Jl. M
TERMINATION
Father party may t:errninate this Agte=enl by providing thirty (30) plays prrar
vwTitten notice to the other party.
ARTICLE IV
PURCH ASIN G
The City Managar or designee for each party is authorized to sect on behalf of the
rospoctive party in all matters relating to this cooperative. purchasing program l =ach
party shall make payments out of current revenges available to it to the other pai ly or
Eireoly to the vendor under a contract mcide pursuant to ubchapm f•`, Chapter L?] of the
Texas Local Government C:odc.. Each party shall be responsible for its respective
vendor °s compliance with provisions relating to the quality of items and terms of
delivery,
ARTICLE 'V
M I twE)111, ANC U
5.1 Relationship ationship o.f Nirties This Agreernew is not inteiAed to crcate, nor should it
be construed as creating, a partnership, association, joint venture or trust-
5.2 Nntice: Any notice regii1ired or permitted to be delivered hemundcr shall be
deerned received when sent in the United States Mail, Postage Prepaid. Certified Mail.
Return Receipt Requested, or by hzmd -del v+ _ -ry or facsimile traiistnissaon address -ed to the
respective pa y at [he address set forth tae aw the signature of the party;
5.3 Amendment This Agrae -m nt may be amended by the mulual written agreement
ofbo.th parties hereto
5.4 Se:vertabi.lity In the cv'r:r l any one or more of thc. provisions contained in this
Agreement rhall for any reason be held to bc. invalid, illegal, or unenforceable fn any
respect, such invalidity, illegality, or onenf'orceability shall not affect the other
p rovisions, and the Agreement shall be construed as if such invalid illegal, or
wienforceable provision had never been contained in thk Agreement_
5600
5.5 Governing Law: The validity of This Agreement and any of its terms and
provisions, as we]I as the rights and duties of the parties, shall be buvcrned by the laws of
the State of Texas and venue for any action concerning this Agrcrmcnt shall he in the
State T.)i9u - iict Court of Dallas County, Texas.
5.6 Entire Agreemen This Agree rent jepresents the entire agreement arnong the
parties v lih respect to the 8ub}ect matter covcrcd by this Agreement Them is no uth,cr
collateral, Ural or written agreement betweer: the parties that it) arty manner relates to the
subjw matter of this Agretment-
5.7 Reciials. 'ne, recitals to this Agreerrroait are inr°orporated herein_
5.8 Court ter arts; This Agreement may tie executed in any number of counterparts.
each of whom shall be de zed tm original and constitute one and the sarne instrum°nt
EXECUTED this play 0 2006.
CITY OF SC)t3THLAKE, TEXAS
BY:
KANA IC YELVEIt"I`C N, CITY 1vTANAGiER
l 40() Main Street, Suite 440
')c±uthlake, Texas 76092
A'ITR T:
By
CITY SECRETARY
Cr1A.C.cun - D this 9"' day of May 2006-
CITY OF E` N)t'VTASITY PARK, TEXAS
T. ROBERT L G 'TnN, CITY NIA NA( - R
3800 University BIV
University Park, Texas 75205
A
11
65600