Item 4D and 4ECity of Southlake, Texas
M E M O R A N D U M
June 5, 2012
TO: Shana Yelverton, City Manager
FROM: Sharen Jackson, Finance Director
Tim Slifka, Purchasing Manager
Items 4D and 4E
SUBJECT:
Approve an Interlocal Purchasing Agreement with the
City of Lewisville, and an Interlocal Purchasing Agreement with the Cities
of Colleyville, Grapevine and Keller
_____________________________________________________________________
Action Requested:
Approve an interlocal purchasing agreement with the City of Lewisville
and/or
Approve a joint interlocal agreement with the Cities of Colleyville,
Grapevine and Keller.
Background
Information:
The Finance Department continually researches ways to lower costs for
City required goods and services. One area we have identified as having
a dramatic effect in reducing our overall purchasing costs for goods and
services is the use of interlocal and cooperative purchasing agreements.
Interlocal purchasing agreements allow us to “piggyback” on other City’s
purchasing contracts for goods and services and is authorized by Local
Government Code as meeting the bidding requirements of the statute.
Financial
Considerations:
There is no cost to participate in interlocal agreements with these Cities.
Strategic Link
: Providing purchasing options links to multiple areas of the City’s Strategy
Map including:
B2 – Collaborate with select partners to implement service solutions.
B5 – Improve performance of delivery and operational processes.
Citizen Input/
Board Review:
None
Legal Review:
Both agreements were reviewed and passed by the City’s Attorney.
Alternatives:
Deny approval of interlocal agreement with City of Lewisville and/or
Deny approval of joint interlocal agreement with the Cities of Colleyville,
Grapevine and Keller.
Supporting
Documents:
Interlocal purchasing agreements.
Staff
Recommendation:
City Council approval of the interlocal agreements with City of Lewisville
and/or
City Council approval of the joint interlocal agreement with the Cities of
Colleyville, Grapevine and Keller.
INTERLOCAL AGREEMENT
This Interlocal Agreement (“the Agreement”) is made and entered into by and between
the CITY OF LEWISVILLE, TEXAS, a municipal corporation (“the CITY”) and the CITY OF
SOUTHLAKE, TEXAS (“the CO-OP ENTITY”), each organized and existing under the laws of
the State of Texas, and acting by, through and under the authority of their respective governing
bodies and officials in accordance with the “Interlocal Cooperation Act,” Chapter 791 of the
Texas Government Code (the “Act”).
WHEREAS, the CITY and the CO-OP ENTITY are both governmental entities engaged
in the purchase of goods and services, which is a recognized governmental function; and
WHEREAS, the CITY and the CO-OP ENTITY wish to enter into this Agreement to set
forth the terms and conditions upon which they may purchase various goods and services
commonly utilized by each entity; and
WHEREAS, participation in this Agreement will be highly beneficial to the taxpayers of
the CITY and the CO-OP ENTITY through the anticipated savings to be realized and is of
mutual concern to the parties; and
WHEREAS, the CITY and the CO-OP ENTITY have current funds available to satisfy
any fees owed pursuant to this Agreement.
NOW THEREFORE, the CITY and the CO-OP ENTITY, for and in consideration of the
premises and the mutual covenants set forth in this Agreement, and pursuant to the authority
granted by the governing bodies of each of the parties hereto, do hereby agree as follows:
1. The CITY and the CO-OP ENTITY may cooperate in the purchase of various goods and
services commonly utilized by the parties, where available and applicable, and may purchase
goods and services from vendors under present and future contracts;
2. The CITY and the CO-OP ENTITY shall each be individually responsible for payments
directly to the vendor and for the vendor's compliance with all conditions of delivery and quality
of the purchased items under such contracts. The CITY and the CO-OP ENTITY shall each
make their respective payments from current revenues available to the paying party;
3. The Agreement shall be in full force and effect until terminated by either party;
4. Notwithstanding anything herein to the contrary, participation in this Agreement may be
terminated by either party upon thirty (30) days written notice to the other party;
5. The undersigned officer and/or agents of the party(ies) hereto are duly authorized
officials and possess the requisite authority to execute this Agreement on behalf of the parties;
6. This Agreement may be executed separately by the parties, each of which shall be
deemed an original and all of which together shall constitute one and the same instrument.
Interlocal Agreement – Page 1
IN WITNESS WHEREOF
, the parties hereto have executed this Agreement to be
effective upon execution and dating by each party. This Agreement shall be effective from the
last date signed and marked on this Agreement by a participating party.
APPROVED BY THE CITY OF LEWISVILLE, TEXAS:
BY:
_________________________________________ DATE: _____________________
Claude King (or His Designee), CITY MANAGER
APPROVED AS TO FORM:
__________________________________________
Liz Plaster, CITY ATTORNEY
CITY OF SOUTHLAKE, TEXAS
APPROVED BY
BY:
__________________________________________ DATE: _________________
John Terrell, Mayor
ATTEST:
__________________________________________
Alicia Richardson TRMC
City Secretary
APPROVED AS TO FORM:
__________________________________________
_____________________, CITY ATTORNEY, SOUTHLAKE
Interlocal Agreement – Page 2
INTERLOCAL GOVERNMENTAL AGREEMENT FOR PURCHASING
This Agreement is made and entered into by and between the cities of Keller, Texas, Southlake,
Texas, Colleyville, Texas and Grapevine, Texas (hereinafter referred to as the “parties”), all of
whom are governmental agencies within the State of Texas, acting by and through their duly
authorized City Councils or City Managers.
WHEREAS, the parties are political subdivisions of the State of Texas and are authorized to enter
into an agreement with each other relative to governmental functions and services by the interlocal
Cooperating Act, Texas Government Code, Chapter 791; and
WHEREAS, the parties believe that cooperating in the purchasing of various goods, materials,
equipment, supplies and services which both parties use in carrying out their governmental
functions and services will enable the parties to obtain these goods, materials, equipment, supplies
and services in better terms and/or prices than by making such purchases individually, and both
desire to increase efficiency and effectiveness of such purchasing by acting jointly in competitively
procuring selected goods, materials, equipment, supplies and services.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained
herein, the parties agree as follows:
1.
AGREEMENT
This Agreement shall take effect upon execution by both signatories and shall remain in effect
among those parties until notification of withdrawal from the Agreement is submitted to the City of
Keller. All parties shall have the right to terminate this Agreement upon 30 days written notice. The
Agreement may be amended administratively from time to time by existing parties to include
additional cities who may wish to join this Agreement under its existing terms.
2.
SCOPE AND IMPLEMENTATION
It is the intent of the parties that the joint or cooperative purchasing through each other’s
agreements will be as broad as is allowed by applicable state statutes. Unless otherwise
prevented by law, it is the intent of the parties that the parties may take part in joint purchase for
goods, materials, equipment, supplies and services they may need to carry out their governmental
functions, and that all parties will make reasonable efforts to allow the others to make purchases
under its agreements. Any purchasing contract or purchase order shall be acknowledged by the
supplier and shall be considered as being issued under this Agreement and shall be subject to all
of the terms and conditions of this Agreement without the necessity of those being set out or
specifically referred to in such purchasing contract or purchase order.
3.
COMPENSATION
The parties agree to share the cost of the respective joint solicitations in a fair and equitable
manner, to be agreed upon in connection with each such solicitation.
4.
COMPLIANCE WITH LAWS
The parties hereby agree to abide by and obey all applicable local, state and federal laws and
requirements, which apply to their respective procurement policies. It is specifically understood and
agreed that whichever party is handling the preparation and processing of the joint invitations for
bid shall comply with all legal requirements for competitive bidding which are applicable to both
parties
5.
NOTICES
Any notices or other communication required or allowed to be given by one party to the other
parties pursuant to this Agreement shall be electronically submitted, hand delivered, or mailed by
United States Postal Service, proper postage affixed to the addresses shown below:
To: City of Keller:
Purchasing Technician
1100 Bear Creek Parkway
P.O. Box 770
Keller, Texas 76244
Karla Parker (817) 743-4030
Email Address: kparker@cityofkeller.com
To: City of Southlake
Purchasing Manager
1400 Main Street, Suite 440
Southlake, Texas 76092
Tim Slifka (817) 748-8312
Email Address: tslifka@ci.southlake.tx.us
To: City of Colleyville
Strategic Services Manager
100 Main Street
Colleyville, Texas 76034
Eric Ellwanger (817) 503-1112
Email Address: eellwanger@colleyville.com
To: City of Grapevine
Purchasing Agent
501 Shady Brook Drive, Suite 108
Grapevine, Texas 76051
Bob Smeby (817) 410-3335
bsmeby@grapevinetexas.gov
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6.
GOVERNING LAW AND VENUE
This Agreement shall be governed by and interpreted in accordance with the laws of the State of
Texas. This Agreement is entered into and is to be performed, wholly or in part, in the State of
Texas and in Tarrant County, Texas. In any action brought under the agreement, venue shall be
exclusively in Tarrant County, Texas. In the event that any portion of this Agreement shall be found
to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain
valid and in full force and effect to the extent possible.
7.
MISCELLANEOUS PROVISIONS
By execution of this Agreement, each party represents to the others that:
a. In performing its duties and obligations hereunder, it will be carrying out one or more
governmental functions or services, which it is authorized to perform;
b. The undersigned officer or agent of the party has been properly authorized by that party’s
governing body to execute this Agreement and that any necessary resolutions extending
such authority have been duly passed and are now in effect.
c. All payments required or permitted to be made by a party will be made from current
revenues available to the paying party; and
d. All payments provided hereunder by one party to the other, if any, shall be such amounts
as to fairly compensate the other party for the services or functions performed hereunder.
8.
CONSTRUCTION OF AGREEMENT
This Agreement represents the full, final and complete agreement of the parties related to its
subject matter and shall supersede any previous interlocal purchasing agreements between the
parties. The Agreement may not be added to, contradicted or otherwise modified by evidence of
prior or contemporaneous agreement or subsequent oral agreements or statements of either of the
parties, nor by any writing not signed by all parties after the date of this Agreement. No
representations, inducements, promises, or agreements, oral or otherwise, not embodied or
incorporated herein shall be of any force or effect. In case of any apparent ambiguity or conflict
among any of the terms or provisions of this Agreement, they shall be construed as nearly as
possible as to effectuate each and all of such terms or provisions keeping in mind that the
overriding purpose of this Agreement is the public purpose of increasing the efficiency and
effectiveness of the respective purchases of goods, materials, equipment and supplies by the
parties.
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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the dates below.
City of Keller, Texas: City of Southlake, Texas:
By: _______________________________ By: _______________________________
NAME: ____________________________ NAME: ____________________________
TITLE: ____________________________ TITLE: ____________________________
DATE:_____________________________ DATE:_____________________________
ATTEST: ATTEST:
By: _______________________________ By: _______________________________
NAME: ____________________________ NAME: ____________________________
TITLE: ____________________________ TITLE: ____________________________
APPROVED AS TO FORM AND LEGALITY APPROVED AS TO FORM AND LEGALITY
By: _______________________________ By: _______________________________
NAME: ____________________________ NAME: ____________________________
TITLE: ____________________________ TITLE: ____________________________
City of Colleyville, Texas: City of Grapevine, Texas:
By: _______________________________ By: _______________________________
NAME: ____________________________ NAME: ____________________________
TITLE: ____________________________ TITLE: ____________________________
DATE:_____________________________ DATE:_____________________________
ATTEST: ATTEST:
By: _______________________________ By: _______________________________
NAME: ____________________________ NAME: ____________________________
TITLE: ____________________________ TITLE: ____________________________
APPROVED AS TO FORM AND LEGALITY APPROVED AS TO FORM AND LEGALITY
By: _______________________________ By: _______________________________
NAME: ____________________________ NAME: ____________________________
TITLE: ____________________________ TITLE: ____________________________
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