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HomeMy WebLinkAboutContract 28542STATE �F TEXAS COUNTY OF TARRANT ) ) ) c�rY s�c���,��� �- f � C��ITRACT i� s �.�� �cJ� INTERLOCAL — ' ' AGREEMENT This Agreement, made and entered into by and between Mansfield Independent School District, of Tarrant County, Texas, hereinafter called "Mansfield ISD," and the City of Fort Worth, of Tarrant County, Texas, hereinafter called "Fort Worth," evidences the following: WHEREAS, Fort Worth and Mansfield ISD desire to enter into an Agreement at the request of Mansfeld ISD for the purchase of goods and services from vendors selected by Fort Worth through a competitive procurement process, hereinafter called the "Contract;" and W�REAS, the Interlocal Cooperation Act, Chapter 791, et. Seq., Texas Government Code, provides authorization for any local government to contract with one or more local governments to perform governmental functions and services under the terms of the Act; and WHEREAS, Fort Worth has or will have contracts with vendurs wha have been selected through the competitive bid process; and WHEREAS, Mansfield ISD has current revenues available and allocated for this Agreement; and WHEREAS, it is mutually advantageous to both parties to enter into the arrangement evidenced by this Agreement; NOW, THEREFORE, the parties in consideration of the terms and conditions contained herein, agree as follows: The responsibility of each government entity is outlined below: I. Mansfield ISD shall be allawed to purchase goods and services fram vendors ho have been selected by Fort Worth through the competitive procurernent process, as we as, Fort Worth shall be allowed to purchase goods and services from vendors who hav been selected by Mansfield ISD through the competitive procurement process. II. Mansfield ISD or Fort Worth hereby agrees: 1. To pay direct to the selected vendor for any orders for goods and services placed. 2. All purchases will be within the specifications that have been agreed to by the participating government agencies. 3. To give a 30-day written notification to all participating agencies of any change or cancellation of participation. III. Each agency does hereby waive all claims against and agrees to release every other agency, its police department, officials, agents, officers and employees in both their public and private capacities, from and against any and all claims, suits, demands, losses, damages, causes of action and liabiliiy of every kind, including but not limited to court costs and attorney fees which may arise due to any death or injury to any person, or the loss of, damage to , or loss of use of any property arising out of our occurring as a consequence of the performance of this Agreement whether such injuries, death or damages are caused by the sole negligence or the joint negligence of any agency, its officials, agents, officers and employees. It is the express intentions of the parties hereto that the waiver and release provided for in this paragraph includes claims arising out of such other agency's own negligence, whether that negligence is a sole or a concurring cause of the injury, death or damage. It is expxessly understoad and agreed that, in the execution of this Agreement, no agency waives, nor shall be deemed herby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. IV. The initial term of this Agreement shall be one (1) year, and then shall be perpetual, automatically being renewed every year unless either party decides to terminate, or both parties mutually agree to change or modify the conditions of this Agreement. This Agreement was executed on this z�+� day of i��� L i� �, 2003. (Execution date of contract shall be construed as the latest approval date listed below.) CITY OF FORT WORTH MANSFIELD INDEPENDENT SCI��L DISTRICT : � l`.lJ�. � � �- � � � " � � � � � - - �'-�'�`�„� _ ity Mana�er or de igne Superintendent or designee ATTE�T: , r r `'t � ��� ��_�J City Secret�y �� ATTEST: ,,. � � ,�. Secr �ry "t ^ �j 2003. This Agreement was executed by Mansfield ISD on the ��.� day of � ��- , (Resolution No. Q 2~ Q 5m` 1 AP R VED TQ R�ii Ah� LEGAI.Rif: �"- 3�Z v� �4yAt �� C'ity of Fort Worih9 7'exas A �� and �u��c;l amrr'ur►�c�t�art �� y C. �. DATE REFERENCE NUMBER LOG NAME 13MANSFIELD PAGE 1 of 1 2/11 /03 **C-19467 . I SUBJECT AUTHORIZE INTERLOCAL AGREEMENT WITH THE MANSFIELD INDEPENDENT SCHOOL DISTRICT AND THE CITY OF FORT WORTH FOR THE PURCHASE OF GO�DS AND SERVICES RECOMMENDATION: It is recommended that the City Council authorize the City Mana.ger to execute an Interlocal Agreement between the Mansfield Independent School District and the City of Fort Worth for the purchase of goods and services. DISCUSSION: The Texas Local Government Code, Chapfier 271.102, authorizes palitical 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 statutes. 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 Mansfield Independent School District is seeking an interlocal agreement with the City of Fort Worth in order to access the City's office furniture_ agreement with Corporate Express. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. CB:k Submitted for City Manager's Office by: I FUND � ACCOUNT I � (to) I CENTER I AMOUNT CITY SECRETARY Charles Boswell Originating Department Head: Jim Keyes Additional Information Contact: Robert Combs 6183 � � 8517 I (from) I � 8357 � APPROVED 2/11/03