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HomeMy WebLinkAbout2001-390ORDINANCE NO OQ V AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN INTERLOCAL AGREEMENT WITH THE CITY OF HURST AND AWARDING A CONTRACT FOR THE PURCHASE OF STREET SLURRY SEAL SERVICES, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE, AND PROVIDING AN EFFECTIVE DATE (FILE 2748— INTERLOCAL AGREEMENT FOR STREET SLURRY SEAL SERVICES WITH THE CITY OF HURST, CONTRACT AWARDED TO VIKING CONSTRUCTION, INC IN THE ESTIMATED AMOUNT OF $157,600) THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION 1 That the City Manager is hereby authorized to execute an Interlocal Agreement in substantially the same form as the one attached hereto and incorporated by reference herein for the purchase of goods and services from an annual contract awarded by the City of Hurst and on file in the office of the City Purchasing Agent SECTION 2 That the City Manager is hereby authorized to purchase street slurry seal services in the total amount of $157,600 from Viking Construction, Inc under competitive bids received by the City of Cedar Hill in accordance with the attached Interlocal Agreement SECTION 3 That the City Manager is authorized to expend funds pursuant to the agreement for the purchase of various goods and services SECTION 4 That this Ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the /b ` day of &.kz 2001 EULINE BROCK, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APPROVED AS TO LEGAL FORM HERBERT L PRO Y, CITY ATTORNEY BY 1 INTERLOCAL AGREEMENT BETWEEN THE CITY OF HURST AND THE CITY OF DENTON This agreement is made this 16th day of October 2001, between the City of Hurst and the City of Denton, Texas Pursuant to the authority granted by the "Texas hiterlocal Cooperation Act", Chapter 791 Texas Government Code, providing for the cooperation between local governmental bodies, the parties hereto, in consideration of the premises and mutual promises contained herein agree as follows Whereas, the parties, in performing governmental functions or in paying for the performance of governmental functions hereunder shall make that performance or those payments from current revenues legally available to that party, Whereas, the governing bodies of each party find that the subject of this contract is necessary for the benefit of the public, and that each party has the legal authority to perform and to provide the governmental function or service which is the subject matter of this contract, furthermore, the governing bodies find that the performance of this contract is in the common interest of both parties, and that the division of cost fairly compensates the performing party for the services performed under this contract The City of Denton, hereby makes, constitutes and appoints the City of Hurst its true and lawful purchasing agent for the purchase of various commodities or services provided by contracts or purchase agreements, hereinafter referred to as contract, awarded by the City of Hurst Conversely, The City of Hurst, hereby makes, constitutes and appoints the City of Denton its true and lawful purchasing agent for the purchase of various commodities or services provided by contracts awarded by the City of Denton To utilize one or more of existing contracts, the non -contract awarding City must request authorization, in writing, from the contract awarding City Upon receipt of request, the contract awarding City will seek approval from the contracted provider The non -awarding City agrees that the awarding City shall serve as the purchasing agent for selected items, and agrees that the bidding shall be conducted by the awarding City according to its usual bidding procedures II Each party to this agreement agrees that all specifications for selected items or services shall be as determined by the contract awarding City III Each party agrees to pay the supplier for its respective goods and services purchased pursuant to this agreement The successful bidder or bidders shall bill directly the City placing the order for all goods and services purchased, and that City shall be responsible for the supplier or contractor's compliance with all conditions of delivery and quality of the procurement IV. Tom Shaw, or his successor, is hereby designated as the official representative to act for the City of Denton in all matters relating to this agreement. Stephen Cole, or his successor, is hereby designated as the official representative to act for the City of Hurst in all matters relating to this agreement. V. This agreement shall take effect upon execution by both signatories. VI. Either parry may terminate the Agreement by giving the other party at least thirty (30) days written notice of termination, provided all work accomplished or goods or services provided shall be paid for in accordance with the contract up to the date the termination becomes effective. Either party agrees to be responsible for any and all liability or damages to itself or any other parry, individual, or entity arising from the sole negligence of said party. The two (2) parties agree that damages or liability occurring during the performance of this Agreement caused by the joint or comparative negligence of both parties, their agents, servants and employees, shall be determined in accordance with the comparative responsibility requirements of the State of Texas. If it is a larger public works project, there will be statutory bid, performance, payment and materiahnen bonds. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers the day and year first above written. CITY O CITY OF HUnRAS-T By. By G) —� Title City manager Title CitvMana:er Date October 16, 2001 Date //-J-O/