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
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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:
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NAME: /� d t Cr f � ' B r o w ix
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TITLE: 0, U Se. 6
APPROVE6 BY COUN I L 611 511;z
APPROV S TO 'FORM AND EGALITY
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NAME: +1 80 8
TITLE: Irl1
Page 4
City of
lake, T s:
By
NAME:
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TITLE:
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DATF
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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