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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