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Item 4ECITY OF SOUTHLAK- MEMORANDUM (September 4, 2012) To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Director of Public Works Subject: Approve annual purchase agreement with TXI through an interlocal agreement with the City of Grapevine Action Requested: Approve annual purchase agreement with TXI through an interlocal agreement with the City of Grapevine Background Information: Various divisions of Southlake Public Works routinely require the purchase of cement treated road base and cement treated sand for the repair street failures and utility repairs under pavement. Chapter 271 of the Texas Local Government Code permits governmental entities enter in to interlocal agreements to share contracts which have met the statutory bidding requirements. The City of Southlake has such an agreement with a number of cities including the City of Grapevine. In September 2012 the City of Grapevine will renew the existing contract number 291-2007 - 19247A for the purchase of cement treated base and cement treated sand. While several divisions will take advantage of the contract, the city's Street Division is historically the largest consumer of these products related to pavement reconstruction and drainage maintenance. Because the total of all the purchases during the twelve month agreement will exceed the $50,000 authorization power of the City manager this agreement requires City Council approval. With the favorable pricing received in this contract and our experience with the vendor staff recommends approval of the annual purchase agreement with TXI. Financial Considerations: Funding for this contract is provided in the annual operating budget for Public Works Operations and the 2012 and 2013 CIP. Strategic Link: The approval of the agreement links to the City's Strategy Map relative to the focus area of Partnerships and Volunteerism. The specific corporate objective that is met by the agreement is: Collaborate with select partners to implement service solutions. Citizen Input/ Board Review: N/A Legal Review: None Alternatives: The City Council may approve or deny the award of this agreement. Supporting Documents: Interlocal government agreement for purchasing Grapevine commodity items award Staff Recommendation: Approve annual purchase agreement with TXI through an interlocal agreement with the City of Grapevine Staff Contact: Robert H. Price, P.E., Public Works Director Chuck Kendrick, Asst. Director of Public Works ORIGINAL DOCUMENT C17:01YN F SOUTHLAKE Council Actio Ord. /Res. No, Date Approved e- 5 2- INTERLOCAL GOVERNMENTAL AGREEMENT FOR PURCHASING This Agreement is made and entered into by and between the cities of Keller, Texas, Southfake, 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. 4. COMPLJANCE 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 Sear 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: tsIifka @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 INTERLOCAL GOVERNMENTALAGRE .EMENTFGRPURCH ING Page 2 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 obfgations 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 W 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. JW LGCALGUVERNMENTALAGREEMEWFORPURCH ASING Page IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the dates below. City of Keller, Texas: By: Z&;� A6:�� NAME: TITLE: DATE: ATTEST B APPROVED AS TO FORM AND LEGALITY By: NAME: TITLE. L A : , n4n_ C City Council MAY 15 A(AL m-RNMENTAL AGREEMENT FOR PURcimING ATTEST: By: Al NAME: /� d t Cr f � ' B r o w ix y, TITLE: 0, U Se. 6 APPROVE6 BY COUN I L 611 511;z APPROV S TO 'FORM AND EGALITY B NAME: +1 80 8 TITLE: Irl1 Page 4 City of lake, T s: By NAME: b� n �_ TITLE: yy-) " 'ty _ DATF J w, e '5, ATTEST: ' NAME: U11 ',t c. TITLE: C" 6C' APPROVED S O F M 6GALITY By: NAME: �zn r!S . J OLLA TITLE: uTy #Q City of G e, Tex By: NAME: 2 > mZr o ll TITLE: Cliv Mo. ^� DATE: ') Mne AA D I Approved City ofColleyvilfe, Texas: Commodity Items Awarded To This Vendor Item # Item Description Q ty Unit Vendor Price 4 Cement Treated Base (CTB) - Picked Up 1 Ton $22.00 2 'l Cement Treated Base (CTB) - Delivered 2:27 Sand Cement - Picked Up 1 Ton $32.05 1 Ton $22.50 2:27 Sand Cement - Delivered 1 Ton $32.55 Frrdagr, October 21, 2011 Page I of 1 City of Grapevine, Texas Commodity Contracts Cataloq Aggregate Materials -Sand Vendor Name TXI Contract Ends or Renews on 9/20/2012 Vendor Contact Dan Richwine Vendor Phone (972) 409 -3240 Purchase Order # 19247 Vendor Fax (972) 501 -9304 Contract # 291- 2007- 19247A Vendor Type Primary Contract Remarks: Requesting Department Streets Council Apprvd Renewal 9120111 Commodity Items Awarded To This Vendor Item # Item Description Q ty Unit Vendor Price 4 Cement Treated Base (CTB) - Picked Up 1 Ton $22.00 2 'l Cement Treated Base (CTB) - Delivered 2:27 Sand Cement - Picked Up 1 Ton $32.05 1 Ton $22.50 2:27 Sand Cement - Delivered 1 Ton $32.55 Frrdagr, October 21, 2011 Page I of 1