Resolution 2012-26 � RESOLUTION NO.2012-26(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS,
HEREBY AUTHORIZING THE CITY MANAGER OF THE CITY OF WYLIE,
TEXAS, TO ENTER INTO AN INTERLOCAL COOPERATIVE PURCHASING
AGREEMENT BETWEEN THE CITY OF GRAND PRAIRIE AND THE CITY
OF WYLIE FOR THE USE OF THE CITY OF GRAND PRAIRIE'S
CONTRACTS.
WHEREAS, Section 791.025 of the Texas Government Code AND Chapter 271.102 of the Texas
Local Government Code does permit Interlocal Agreements between local governments for the purchase
of goods and services and does satisfy the requirement of local governments to seek competitive bids for
the purchase of goods and services through supplier contracts; and
WHEREAS, the City of Wylie is of the opinion that an [nterlocal cooperative purchasing
Agreement between the City of Wylie and the City of Grand Prairie will be highly beneficial to the
taxpayers as a result of the anticipated savings to be realized;
NOW THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE,TEXAS:
SECTION 1: That the City of Wylie, Texas requests that the City of Grand Prairie allow the City
to enter into an Interlocal Ageement to permit the City to utilize and/or be incorporated into one or more
�%� City of Grand Prairie supplier contracts as previously solicited by the City of Grand Prairie and awarded
to vendors in accordance with State purchasing laws.
SECTION 2: The City manager of the City of Wylie, Texas is hereby authorized to execute, on
behalf of the City Council of the City of Wylie, Texas, the Interlocal Agreement between the City of
Grand Prairie and the City of Wylie.
SECTION 3: A representative of the City of Wylie, Texas named as Glenna Hayes, Purchasing
Agent, is authorized to sign and deliver any and all necessary requests and documents in connection
therewith for and on behalf of the City of Wylie, Texas.
SECTION 4: This Resolution shall take effect immediately upon its passage.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas on this 14`''
day of August, 20l 2.
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ERtC HOGUE, M or
ATTES O: �� �F yVy�.
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�� CA OLE EHRLI , City Secretary ��-'� �»>
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Resolution No.2012-26(R) — - _ - _
ILA Purchasing Agreement—City of Grand Prairie � �
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018870
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EXHIBIT "A" �
Master Interlocal Cooperative Purchasing Agreement Between
the City of Grand Prairie and the City of Wylie
Resolution No.2012-26(R)
ILA,Purchasing Agreement—City of Grand Prairie
� MASTER INTERLOCAL COOPERATIVE PURCHASING AGREEMENT
BETWEEN THE CITY OF GRAND PRAIRIE
AND THE CITY OF WYLIE
WHEREAS, Chapter 791 of the Texas Government Code, also known as the Interlocal
Cooperation Act, and Chapter 27l.102 of the Texas Local Government Code authorize all local
governments to contract with each other to perform governmental functions or services including
administrative functions normally associated with the operation of government such as
purchasing of necessary equipment, supplies and services;
WHEREAS, The City of Grand Prairie and The City of Wylie desire to enter into this
Agreement far the purpose of fulfilling and implementing their respective public and
governmental purposes, needs, objectives, programs and services;
WHEREAS, The City of Grand Prairie and The City of Wylie represent that each are
independently authorized to perform the functions or services contemplated by this Agreement;
WHEREAS, it is deemed in the best interest of all participating governments that said
governments do enter into a mutually satisfactory agreement for the purchase of necessary
equipment, supplies, and services;
� WHEREAS, the participating governments are of the opinion that cooperation in the purchasing
of equipment, supplies, services and auctions will be beneficial to the taxpayers of the
governments through the efficiencies and potential savings to be realized; and
WHEREAS, each party has sufficient resources to perform the functions contemplated by this
Agreement;
NOW THEREFORE, the parties hereto, in consideration of the mutual covenants and
conditions contained herein, promise and agree as to each of the other as follows:
1. The City of Grand Prairie and The City of Wylie are authorized to
participate in each other's current and/or future contracts for goods and
services. Said contracts shall have been established in accordance with all
appropriate procedures governing competitive bids and competitive
proposals, if required.
2. The City of Grand Prairie and The City of Wylie agree that the ordering of
goods and services is the responsibility of the local government seeking to
obtain such goods and services under the established contract, and that
participating government shall deal directly with the vendor in obtaining
the goods and services and payment therefore. The participating
government shall be liable to the vendor only for goods and services
ordered and received by it, and shall not, by the execution of this
Agreement, assume any additional liability. Neither the City of Grand
Cooperative Purchasing Agreement—{Entity} and the City of Grand Prairie - 1 -
Prairie nor The City of Wylie warrant, or is responsible for, the quality or �
delivery of goods or services from the vendor under contract. Should a
dispute arise between a participating government and a vendor, the same
shall be handled by and between that participating government and the
vendor.
3. Each government shal] pay invoices directly to the providers of goods and
services that are invoiced and delivered directly to each respective
government.
4. Participation of either government in any cooperative purchasing activity
is strictly voluntary. Nothing in this Agreement shall prevent either
governments from purchasing and/or accepting and awarding bids,
proposals and contracts subject to this Agreement on its own behalf.
5. Each government shall ensure that all applicable laws and ordinances have
been satisfied.
6. Effective Date and Term. This Agreement shall be effective when
signed by the last party who's signing makes the Agreement fully executed
and will remain in full force and effect indefinitely. Any party may modify
or terminate this Agreement as provided in Paragraph(s) 7 or 8. ,_„n,
7. Modification. The terms and conditions of this Agreement may be
modified upon the mutual consent of all parties. Mutual consent will be
demonstrated by approval of the governing body of each party hereto. No
modification to this Agreement shall be effective and binding unless and
until it is reduced to writing and signed by duly authorized representatives
of all parties.
8. Termination. This Ageement may be terminated at any time by the City
of Grand Prairie or The City of Wylie, with or without cause, upon thirty
(30) days written notice to the other party in accordance with Paragraph 11
herein.
9. Hold Harmless. To the extent allowed by law, the City of Grand Prairie
and The City of Wylie agree to hold each other harmless from and against
any and all claims, losses, damages, causes of action, suits and liabilities
of every kind, including all expenses of litigation, court costs and
attorney's fees, for injury or death of any person, for damage to any
property, or for any breach of contract, arising out of or in connection with
the work done under this Agreement.
l0. Invalidity. If any provision of this Agreement shall be held to be invalid, --�-
illegal, or unenforceable by a court or other tribunal of competent
Cooperative Purchasin�Agreement—{Entity} and the City of Grand Prairie -2-
� jurisdiction, the validity, legality and enforceability of the remaining
provisions shall not in any way be affected or impaired thereby. The
parties shall use their best efforts to replace the respective provision or
provisions of this Agreement with legal terms and conditions
approximating the original intent of the parties.
11. Written Notice. Unless otherwise specified, written notice shall be
deemed to have been duly served if delivered in person, sent by email, by
fax with successful send confirmation, or by certified mail to the last
business address as listed herein.
City of Grand Prairie: Purchasing Division
Attn: Purchasing Manager
City of Grand Prairie
318 W. Main St.
Grand Prairie, TX 75050
972/237-8269 ph � 972/237-8265 fax
purchasin�,fax(a��ptx•or�
City of Wylie: Purchasing Division
Attn: Glenna Hayes, Purchasing Agent
City of Wylie
,�.. 300 Country Club Road, Bldg 100
Wylie, TX 75098
972-516-6140 ph� 972-516-6142 fax
�lenna.haves ,wylietexas.gov
12. Entire Agreement. It is understood that this Agreement contains the
entire agreement between the parties and supercedes any and all prior
agreements, arrangements, or understandings between the parties relating
to the subject matter. No oral understandings, statements, promises, or
inducements contrary to the terms of this Agreement exist. This
Agreement cannot be changed or terminated orally. No verbal agreement
or conversation with any officer, agent, or employee of any party before or
after the execution of this Agreement shall affect or modify any of the
terms or obligations hereunder.
13. Amendment. No Amendment to this Agreement shall be effective and
binding unless and until it is reduced to writing and signed by duly
authorized representatives of both parties.
14. Texas Law. This Agreement has been made under and shall be governed
by the laws of the State of Texas.
15. Place of Performance. Performance and all matters related thereto shall
� be in the County of the government originating the bid. This shall be
Collin County, Texas, United States of America for The City of Wylie and
Cooperative Purchasing Agreement— {Entity} and the City of Grand Prairie -3 -
shall be Dallas County, Texas, United States of America for the City of �
Grand Prairie.
16. Authoritv to Enter Contract. Each party has the full power and
authority to enter into and perform this Agreement and the person signing
this Agreement on behalf of each party has been properly authorized and
empowered to enter into this Agreement. The persons executing this
Agreement hereby represent that they have authorization to sign on behalf
of their respective Government.
17. Waiver. Failure of any party, at any time, to enforce a provision of this
Agreement, shall in no way constitute a waiver of that provision, nor in
anyway affect the validity of this Agreement, any part hereof, or the right
of either party thereafter to enforce each and every provision hereof. No
term of this Agreement shall be deemed waived or breach excused unless
the waiver shall be in writing and signed by the party claimed to have
waived. Furthermore, any consent to or waiver of a breach will not
constitute consent to or waiver of or excuse of any other different or
subsequentbreach.
18. Agreement Read. The parties acknowledge that they understand and
intend to be bound by the terms and conditions of this Agreement. „_.,,.
19. Multiple Originals. It is understood and agreed that this Agreement may
be executed in a number of identical copies, each of which shall be
deemed an original for all purposes.
CITY OF GRAND PRAIRIE CITY OF WYLIE
BY: BY:
Tom Cox, Deputy City Manager Mindy Manson, City Manager
DATE: DATE:
ATTEST: ATTEST:
Cathy DiMaggio, City Secretary Carole Ehrlich, City Secretary
APPROVED AS TO FORM:
Donald R. Postell, City Attorney
Cooperative Purchasing Agreement—{Entity} and the City of Grand Prairie -4-