HomeMy WebLinkAboutContract 34017 CITY SECRETARY� I,�
CONTRACT NO. +�J� d_
STATE OF TEXAS §
COUNTY OF DALLAS §
INTERLOCAL COOPERATION AGREEMENT
This Interlocal Cooperation Agreement ("Agreement")is by and between the City
of Richardson, Texas ("Richardson"), and the City of Fort Worth, Texas ("Fort Worth"),
acting by and through their authorized officers.
RECITALS:
WHEREAS, this Agreement is authorized by Chapter 791 of the Texas
Government Code and Subchapter F, Chapter 271,Texas Local Government Code; and
WHEREAS, Section 271.102 of the TEx. Loc. GOVT CODE authorizes a local
government to participate in a Cooperative Purchasing Program with another local
government or a local cooperative organization; and
WHEREAS, a local government that purchases goods and services pursuant to a
Cooperative Purchasing Program with another local government satisfies the requirement
of the local government to seek competitive bids for the purchase of the goods and
materials; and
WHEREAS, each party has and will on an annual basis obtain competitive bids
for the purchase of goods and services; and
WHEREAS, the parties desire to enter into a cooperative purchasing program
which will allow each party to purchase under goods and services under each other's
competitively bid contracts pursuant to Subchapter F, Chapter 271 of the TEx. Loc.
GOV'T CODE;
NOW THEREFORE, in consideration of the mutual covenants and promises
contained herein,the parties agree as follows:
ARTICLE I
PURPOSE
The purpose of this Agreement is to establish a cooperative purchasing program
between the parties, which will allow each party to purchase goods and services under
each other's competitively bid contracts pursuant to Subchapter F, Chapter 271 of the
TEx. LOC. GOVT CODE.
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ARTICLE II
TERM
The term of this Agreement shall be for a period of one (1) year commencing on
the last date of execution hereof ("Effective Date"). Thereafter this Agreement shall
automatically renew for successive periods of one (1) year each under the terms and
conditions stated herein, unless sooner terminated as provided herein.
ARTICLE III
TERMINATION
Either party may terminate this Agreement by providing thirty (30) days prior
written notice to the other party.
ARTICLE IV
PURCHASING
The City Manager or designee for each of party is authorized to act on behalf of
the respective party in all matters relating to this cooperative purchasing program. Each
party shall make payments to the other party or directly to the vendor under the contract
made pursuant to Subchapter F, Chapter 271 of the TEx. Loc. Gov'T CODE. Each party
shall be responsible for the respective vendor's compliance with provisions relating to the
quality of items and terms of delivery.
ARTICLE V
MISCELLANEOUS
5.1 Relationship of Parties: This Agreement is not intended to create, nor should it
be construed as creating, a partnership, association,joint venture or trust.
5.2 Notice: Any notice required or permitted to be delivered hereunder shall be
deemed received when sent in the United States Mail, Postage Prepaid, Certified Mail,
Return Receipt Requested, or by hand-delivery or facsimile transmission addressed to the
respective party at the address set forth below the signature of the party.
5.3 Amendment: This Agreement may be amended by the mutual written agreement
of both parties hereto.
5.4 Severability: In the event any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect the other
provisions, and the Agreement shall be construed as if such invalid, illegal, or
unenforceable provision had never been contained in this Agreement.
5.5 Governing Law: The validity of this Agreement and any of its terms and
provisions as well as the rights and duties of the parties, shall be governed by the laws of
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the State of Texas; and venue for any action concerning this Agreement shall be in the
State District Court of Dallas County, Texas.
5.6 Entire Agreement: This Agreement represents the entire agreement among the
parties with respect to the subject matter covered by this Agreement. There is no other
collateral, oral or written agreement between the parties that in any manner relates to the
subject matter of this Agreement.
5.7 Recitals: The recitals to this Agreement are incorporated herein.
5.8 Counterparts: This Agreement may be executed in any number of counterparts,
each of whom shall be deemed an original and constitute one and the same instrument.
EXECUTED this day of ' 2006.
CITY HA ON,TEXAS
By
DAN 0 ,DEPUTY CITY MANAGER
411 . Arapaho Road
P.O. Box 830309
Richardson,Texas 75083
ATTES
By:
CITY SECRETARY
EXECUTED this I"I ' day of ' 2006.
CITY Or F�'iRT vv OR T H,T EXA
By: �
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Name: Karen L . Mont omer
Title: Assistant City Manager
Address: 1000 Throckmorton
Fort Worth , Texas 76102
ATTEST:
By: fy"\
CITY SECRET 9VY
APPROVED TO FORM AND GALITY
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contract A(u�thorization AssntCity
63149
Date
M&C#P8802 Page 1 of 2
City of Fort Worth, Texas
Mayor And Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
3/11/99 **P-8802 99-0059 1 of 1
SUBJECT AUTHORIZE INTERLOCAL AGREEMENTS FOR GOODS AND SERVICES
BETWEEN THE CITY OF FORT WORTH, THE CITY OF GRAPEVINE.AND
OTHER GOVERNMENTAL ENTITIES
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute interlocal
agreements between the City of Fort Worth, the City of Grapevine and other
governmental entities who request such interlocal agreements for the purchase of goods
and services.
DISCUSSION:
The Texas Local Government Code, Chapter 271.102, authorizes political subdivisions to
contract with each other for governmental functions such as the purchase of goods and/or
services. A local government that purchases goods or services under this subchapter
satisfies any state law relative to the competitive bidding requirements.
The use of interlocal agreements allows political subdivisions to access existing contracts
to take advantage of lower prices without the cost of competitive bidding. Either of the
contract participants may terminate the agreement with written notice to the other party.
The City of Grapevine is seeking interlocal agreements with the City of Fort Worth in order
to access the fuel agreements to purchase fuel. Tarrant County and the cities of
Southlake, Haltom City, Colleyville and North Richland Hills have already requested and
received contracts for interlocal agreements to access the City of Fort Worth's fuel
contracts. Purchase agreements that were bid as interlocal goods and services contracts
will be available to these and other governmental entities.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this M&C will have no material effect on City funds.
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M&C #P8802 Page 2 of 2
BQN/99-0059/KDK
Submitted for City Manager's FUND ACCOUNT IF CENTER AMOUNT CITY SECRETARY
Office by: (to)
Charles Boswell 8511
Originating Department
Head:
Jim Keyes 8517 (from) Related Records
Additional Information
Contact:
Robert Combs 8321
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http://www.cfwnet.org/cfwMC/melive/Archive/html/P8802.htm 6/27/2005