MA 0101-CS000131 (2)P.O. Box 478
255 Parkway Blvd
Coppell. TX 75019
Phone: (972)304-3679
Fax: (972)304-3570
ENGINEERING DEPARTMENT
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Engineering- Excellence By Design
STATE OF TEXAS
COUNTY OF DALLAS
CITY/COUNTY AGREEMENT
BETWEEN DALLAS COUNTY AND COPPELL
FOR CITY USE OF COUNTY ASPHALT PRODUCTS
WHEREAS, the County of Dallas, hereinafter called "County" has entered into a competitive bid for
acquisition of road surfacing products; and
WHEREAS, the City of Copl~ll, Texas, hereinafior called "City", has requested that the County allow City
to directly acquire road surfacing products in accordance with such procurcmcnt; and
WHEREAS, County and City desire to enter into an agreement to permit the City to utilize Dallas County' s
Annual Contract for Asphalt Road Surfacing Products, County Bid No. 99-104; and
WHEREAS, Chapter 791 of the Texas Government Code, as amended, authorized contracts between local
government agencies to perform governmental functions and services such as streets, roads and drainage,
inclusive of Section 791.025, Texas Government Code which permits agreements between local governments
for the purchase of goods and services and satisfies and the requirement of local governments to seek
competitive bidS for the purchase of such goods and services.
NOW, THEREFORE, THIS AGREEMENT is hereby made and entered into by City and County upon and
for the mutual consideration stated herein:
WITNESSETH
City Use of County Contract
I.
County and City contract and agree that City may utilize Dallas County' s Annual Contract for Asphalt Road
Surfacing Products obtained by County Bid #99-104 the procurcment of materials and services for
construction of overlay of various City streets by direc~y ordering products f~om said contractor as bid for
County Road and Bridge District No. 1.
H.
City agrees that County has furnished to City a copy of the County' s Annual Contract for Asphalt under bid
No. 99-104, which is incorporated herein as if fully reproduced; that City has read and understands the terms
and conditions of said contract and hereby agrees to fulfill each and every requirement contained therein as if
City was the original procuring agency.
City agrees, at its sole cost and expense, to independently administer all construction and change orders,
provide for all inspection, and to pay contractor directly, paying for such goods and services from current
revenues, for all work performed by the County' s contractor in accordance with the terms and conditions of
the contract and bid specifications under Bid No. 99-104, which has been provided to the City.
Term of this Contract shall commence on the date of execution by the last party to sign. Termination of this
agreement shall be concurrent with the termination of County' s Annual Contract for Asphalt under bid No. 99-
104, but no later than April 19, 2000. County reserves the right to terminate the Contract prior to its expiration
date under the terms and conditions of Bid No. 99-104 and County procurement policy.
County and City agree that in the event of a dispute between County' s contractor and City, or claim filed by
contractor, resulting from materials or services furnished to City by contractor that City will notify County of
such event. City agrees to resolve such dispute by negotiations, if possible. City further agrees that in the
event of any mediation, arbitration, litigation or other action resulting from the City' s procurernent of materials
and/or services from contractor that City will, at its sole cost and expense, enter and defend such action,
including the interest of Dallas County, and shall pay all cost and expense, including attorneys fees, claims,
demands or judgments arising out of the utilization of the Contract by City. City agrees that City will pay to
County all direct and indirect cost, including attorneys fees, associated with County actions required for
resolution of such event.
County and City agree and acknowledge that each entity is not an agent of the other entity and that each entity
is responsible for its own acts, forbearance, negligence and deeds, and for those of its agents or employees in
conjunction with the utilization of County' s Annual Contract for Asphalt Road Surfacing Products obtained
by Bid No. 99-104 except as hereinafter provided.
City and County agree that no County funds, equipment or personnel will be utilized in the performance of the
work or acquisition of goods or services.
BINDING AGREEMENT: AUTHORITY: PARTIES BOUND This Agreement has been duly executed and
delivered by both parties and constitutes a legal, valid and binding obligation of the parties. That each person
executing this agreement on behalf of each party represents and warrants that they have full right and authority
to enter into this agreement.
AMENDMENT This Agreement may not be amended except in a written instrument specifically referring to
this Agreement and signed by the parties hereto.
APPLICABLE LAW This agreement shall be expressly subject to City and County' s Sovereign Immunity,
Title 5 of the TEXAS CIVIL PRACTICES AND REMEDIES CODE and all applicable federal and state law.
This agreement shall be governed by and construed in accordance with the laws ofthe State of Texas and venue
of any legal action filed by either City or County shall be in Dallas County, Texas.
SEVERABILITY In the event that one or more of the provisions contained in the Agreement shall for any
reason be held 'to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability of the Agreement shall be eonstrned as if such invalid, illegal or unenforeeable provision has
never been contained heroin, but shall not affect the renmlning provisions of this Agreement, which shall remain
in force and effect.
The City of Coppell, Texas, has executed this agreement pursuant to duly authorized City Council Resolution
dated the day of ,2000.
The County of Dallas, Texas, has executed this agreement pursuant to Commissioners Court Order No.
, passed on the day of ,2000.
COUNTY OF DALLAS
CITY OF COPPELL
BY: BY:
Lee F. Jackson
County Judge
ATTEST:
APPROVED AS TO FORM:
Dallas County District Attorney
Civil Section