2001-390AN 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 VIK1NG CONSTRUCTION,
INC IN THE ESTIMATED AMOUNT OF $157,600)
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 That the C~ty Manager is hereby authorized to execute an Interlocal
Agreement m substantially the same form as the one attached hereto and incorporated by
reference here~n for the purchase of goods and services from an annual contract awarded by the
City of Hurst and on file m the office of the City Purchasing Agent
~ That the C~ty Manager ~s hereby authorized to purchase street slurry seal
services m the total amount of $157,600 from Viking Construction, Inc under competmve b~ds
received by the City of Cedar Hill m accordance w~th the attached Interlocal Agreement
SECTION 3 That the City Manager is anthonzed to expend funds pursuant to the
agreement for the purchase of various goods and services
SECTION 4 That th~s Ordinance shall become effective ~mme&ately upon its passage
and approval
PASSED AND APPROVED thls the /)¢dayof ~, ,2001
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
EULINE BROCK, MAYOR
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF HURST AND THE CITY OF DENTON
This agreement is made this 16th day of October
and the City of Denton, Texas
,2001, between the City of Hurst
Pursuant to the authority granted by the "Texas Interlocal 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 palang for the performance of
governmental functions hereunder shall make that performance or those payments from current
revenues legally available to that party,
Whereas, the govermng bodies of each party find that the subject of this contract is necessary for
the benefit of the pubhc, and that each party has the legal authority to perform and to provide the
governmental function or servme which is the subject matter of this contract, furthermore, the
governing bodies find that the performance of this contract is in the common ~nterest 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 C~ty of Hurst its true and lawful
purchasing agent for the purchase of various commodities or serwces provided by contracts or
purchase agreements, hereinafter referred to as contract, awarded by the C~ty of Hurst
Conversely, The C~ty of Hurst, hereby makes, conmtutes and appoints the City of Denton its
tree 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 prowder The non-awarding C~ty 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 C~ty according to its usual bidding procedures
II
Each party to this agreement agrees that all speclficatmns for selected items or services shall be
as determined by the contract awarding City
Ill
Each party agrees to pay the supplier for its respective goods and services purchased pursuant to
this agreement The successful bidder or bidders shall b~ll d~rectly the City placing the order for
all goods and services purchased, and that City shall be responsible for the suppher or
contractor's compliance with all conditions of dehvery and quahty of the procurement
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.
This agreement shall take effect upon execution by both signatories.
VI.
Either party 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
party, 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.
vm.
if it is a larger public works project, there will be statutory bid, performance, payment and
materialmen 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
Title city Manager
CITY OF HURST
Title City Manager
D~e October 16, 2001
Date