Loading...
HomeMy WebLinkAboutContract 35478 :ITY SECRETARY CONTRACT NO. fO� STATE OF TEXAS § COUNTY OF DALLAS § INTERLOCAL COOPERATION AGREEMENT This Interlocal Cooperation Agreement("Agreement") is by and between the City of Fort Worth, Texas ("Fort Worth"), and the City of Irving, Texas ("Irving"), 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. Gov'T 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.GoVT 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. Gov'T CODE. Page 1 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 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. Page 2 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 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"ay of , 2007. CITY OF FORT WORTH, TEXAS Contract Au izatioa By _ KAREN L. MONTG ERY Date ASSISTANT CITY MANAGER/CFO ATTEST: APPROV D AS TO MPQty Hendrix6 Amy R y City Secretary AssistailKity Attorney EXECUTED this a yixday of_ MN 92007. CITY OF IRVING, TEXAS By: Zl + a- ERT A. GEARS, MAYOR 825 W.Irving Boulevard i Irving, Texas 75060 ATT T: a IAI Approved 5-ay-n Jarm e Carroll, TRMC Resolution # 5 ay - Cit Secretary Page 3 v �� CJt TEN. City of Fort Worth, Texas 411860C 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. CB:k BQN/99-0059/KDK Submitted for City Manager's FUND I ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Charles Boswell 8511 Originating Department Head: Jim Keyes 8517 (from) APPROVED 3/11/99 Additional Information Contact: Robert Combs 8321