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HomeMy WebLinkAboutContract 40681CITY SECRETARY CONTRACT NO. L-it) 1 INTERLOCAL AGREEMENT This agreement made and entered into this 12 day of �' 20 �D, by and JAASbetween the City of Frisco (hereinafter called "THIS GOVER7 G BODY") and other local government entities, as defined under § 791.003 of Texas Governmental Code, Interlocal Cooperation Contracts, (hereinafter called "COOP ENTITY") each acting by and through its duly authorized officials. WHEREAS, THIS GOVERNING BODY and COOP ENTITY are both governmental entities engaged in the purchase of goods and services, which is a recognized governmental function; WHEREAS, THIS GOVERNING BODY and COOP ENTITY wish to enter into an Interlocal Agreement pursuant to Chapter 791 of the Texas Government Code (hereinafter "Interlocal Cooperation Act") to set forth the terms and conditions upon which THIS GOVERNING BODY and COOP ENTITY may purchase various goods and services commonly utilized by each entity; WHEREAS, participation in an Interlocal agreement will be highly beneficial to the taxpayers of THIS GOVERNING BODY and COOP ENTITY through the anticipated savings to be realized and is of mutual concern to the contracting parties; and WHEREAS, THIS GOVERNING BODY and COOP ENTITY have current funds available to satisfy any fees owed pursuant to this Agreement. NOW, THEREFORE, in consideration of the foregoing and the mutual promises, covenants and obligations as set forth herein, THIS GOVERNING BODY and COOP ENTITY agree as follows: 1. THIS GOVERNING BODY and COOP ENTITY may cooperate in the purchase of various goods and services commonly utilized by the participants, where available and applicable, and may purchase goods and services from vendors under present and future contracts; 2. THIS GOVERNING BODY and COOP ENTITY shall each be individually responsible for payments directly to the vendor and for the vendor's compliance with all conditions of delivery and quality of purchased items under such contracts. THIS GOVERNING BODY and COOP ENTITY shall each make their respective payments from current revenues available to the paying party; 3. The Agreement shall be in full force and effect until terminated by either party; 4. Notwithstanding anything herein to the contrary, participation in this Agreement may be terminated by either party upon thirty (30) days written notice to another participating entity; 5. The undersigned officer• and/or agents of the parly(ies) hereto are duly authorized officials and possess the requisite authority to execute this Agreement on behalf of the parties hereto; and 6. This Agreement may be executed separately by the participating entities, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. 7. Miscellaneous Provisions. a. Notice. Any notice required to be sent under this Agreement must be in writing and may be served by del osi mg same in the Un ted States Mail, addressed to the party to be OFFICIAL RECORD �9 6Z -3 CITY SECRETARY U "o -1 1-1 0 A o 9: 54 I N FT. WORTH, TX notitled, postage pre -paid and registered or certified with return receipt requested, or by delivering the same in person to such party via a hand -delivery service, Federal Express or any courier service that provides a return receipt showing the date of actual delivery of same to the addressee thereof. Notice given in accordance herewith shall be effective upon receipt at the address of the addressee. For purposes of notice, the addresses of the parties shall be as follows: If to Frisco, to: If t0 Fol't WOrtlr, t0: City Manager George Purefoy City of Frisco 6101 Frisco Square Blvd, Frisco, Texas 75034 Purchasing Manager City of Fort Worth Purchasing Division 1000 Throckmorton Street Forth Worth, Texas 76102 Telephone: 817-3924357 Facslmile; 817-32-8440 b. Entire A reement. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties hereto. c. Venue. This Agreement shall be construed in accordance with the laws of the State of Texas and shall bo performable in Cogin County, Texas. d. Consideration. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. e. Savings/Severability. In case 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 any other provision thereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. f. Representations. >ach signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. g. Miscellaneous DraftingProvisions. This Agreement shall be doomed drafted equally by all parties hereto, The language of all parts of this Agreement shall be construed as a whole according to its fair meaning, and any presumption or• principle that the language herein is to be construed against any party shall not apply. Headings in this Agreement alto for the, convenience of the parties and are not intended to be used in construing this document. h. Sovereign Immunity. The parties agree that no party has waived its sovereign immunity by entering into and pet•forming their respective obligations under this Agreement. 49f621-3 EXECUTED hereto on the day and year first above written. COOP ENTITY: City Manager's Office a� Karen Montgomery, A sistant Uity City Secretary's Office n rty Hendrix, .4jssistant Cit iio Manager 44 AV00 Or ecretary Pax` and Legality Attorney'aOffice ,s McElroy, Assistant City Attorney THIS GOVERNING BODY: City of Frisco, Texas George Purefoy, City N4anagei ATTEST: enny Page, City 491621-3 STATE OF TEXAS § COUNTY OF is This instrument was acknowledged before me on the day of Notary Public in and for the State of Texas STATE OF TEXAS § 20, by COUNTY OFCOLLIN § This instrument was acknowledged before me on the day of 20y, by George Purefoy, City Manager for the City of Frisco, Texas. SHAkON L. PERRY Notary Public, State of Texas My Commission Expires March 22, 2014 T�_ Notary Public in and for the State of Texas 491621-3 City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, January 15, 2008 LOG NAME: 13P07-0130 REFERENCE NO.: **P-10710 SUBJECT: Authorize Cooperative Purchasing Agreements for Goods and Services Between the City of Fort Worth, Local Governments and Local Cooperative Organizations Authorized by the Texas Local Government Code RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute Cooperative Purchasing Agreements for goods and services between the City of Fort Worth, local governments and local cooperative purchasing organizations authorized by the Texas Local Government Code, DISCUSSION: The Purchasing Division will use this authorization to contract with local governments and local cooperative organizations to obtain goods or services. The use of these contracts allows the City of Fort Worth to take advantage of lower prices without the cost of competitive bidding by obtaining access to existing competitively procured contracts with entities such as Tarrant County, Houston -Galveston Area Council, Texas Association of School Boards' Local Government Purchasing Cooperative and U.S. Communities. This authorization will allow other local governments such as Tarrant County, the City of Arlington and the City of Grand Prairie to participate in contracts awarded by the City of Fort Worth that may result in the addition of other entities' quantities at the next bidding opportunity. Increasing the volume of goods and services bid increases the possibility of lower prices to the City through greater economies of scale. Either of the contract participants may terminate the agreement with written notice to the other party. Section 271.102(a) of the Texas Local Government Code allows local governments to participate in cooperative purchasing programs. Section 271.102(c) of the Code provides that a local government purchasing goods or services under a cooperative purchasing program satisfies any state law requiring that the local government seek competitive bids for purchase of the goods or services. The contracts for goods and services have been competitively bid to increase and simplify the purchasing power of local governments across the State of Texas. The Law Department recommends that the Purchasing Division review these agreements periodically. The last M&C regarding execution of agreements with these cooperatives was approved on March 27, 2001 (M&C C-18510). Going forward these agreements will be reviewed every five years. Approval of this Mayor and Council Communication will not commit the City to spend any funds. Purchases exceedIng the administrative procurement threshold provided in the City Code of Ordinances will be presented to Council for authorization as required. FISCAL INFORMATtONlCERTIFICATION: The Finance Director certifies that the execution of these cooperative purchasing agreements wilt have no Paterial effect on City funds. 13QNt07-0130tKDK Logname: 13P07-0130 Page 1 of 2