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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