Number 14l
AGENDA REQUEST FORM
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CITY COUNCIL MEETING: February 8, 2000 ITEM #
CAPTION:
Consider approval of Interlocal agreement between the City of Coppell and CISD to share the cost of
resurfacing of the service access road at Coppell Middle School West in amount not to exceed $65,000.00 and
authorizing the Mayor to sign.
SUBMITTED BY Gary D. Sims
TITLE: Director of Parks and Leisure Services
STAFF COMMENTS:
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`4
BUDGET AMT. $ AMT. EST. $
FINANCIAL COMMENTS:
+VBID $
Inds for this project will be provided by Park Development Fees, Zone 1.
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DIR. INITIALS: FIN. REVIEW CITY MANAGER REVIEW:
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DALLAS COUNTY
�r °TF OF �cy PURCHASING DEPARTMENT
March 24, 2000
Mr. Mike Martin
City of Coppell
255 Parkway Blvd.
Coppell, TX 75019
Re: Interlocal Agreement for County Bid No. 99 -104 and Bid No. 99 -131
Dear Mr. Martin:
Enclosed is a fully executed Interlocal Agreement between Dallas County and the City of
Coppell for use of Dallas County's annual contract for Asphalt Road Surfacing Products, Bid
No. 99 -104 and Dallas County's annual contract for Road Construction Materials, Bid No. 99-
131.
If you have any questions concerning this agreement please don't hesitate to call me at 214 -653-
7690.
Sincerely,
Shirley Rapp
Purchasing Analyst/
Interim Purchasing Agent
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Enclosures
509 Main St. Secords Bldg.) Dallas, Texas 75202
6th. Floor, Room 623
(214) 653 -7431
COURT ORDER
ORDER NO.2 0 00 %2
DATE F E B 15 2000
STATE OF TEXAS )(
COUNTY OF DALLAS )(
BE IT REMEMBERED at a regular meeting of the Commissioners Court of Dallas County, Texas,
held on the 15th day of February 2000, on a motion made by
Jim Jackson, Commissioner of District No. 1 , and seconded by
John Wiley Price, ConIInissioner of District No. 3 the following order was adopted:
WHEREAS, the City of Coppell has requested use of Dallas County's annual contracts for Asphalt
Road Surfacing Products, Bid No. 99 -104 and Road Construction Materials, Bid No. 99 -131, by the
attached Interlocal Agreement; and
WHEREAS, Article 791 of the Texas Local Government Code authorizes contracts between local
government agencies to perform governmental functions and services such as streets, roads and
drainage; and
WHEREAS, the contractors for asphalt materials and road construction materials under Bid Nos. 99-
104 and 99 -131, have agreed to extend pricing for the County's bid to the City of Coppell
IT IS THEREFORE, ORDERED, ADJUDGED AND DECREED that the Dallas County Commissioners
Court authorizes the City of Coppell to utilize the County's Annual Contract for Asphalt Road Surfacing
Products, Bid No. 99 -104, for the contract period April 20, 1999 through April 19, 2000, and the Annual
Contract for Road Construction Materials, Bid No. 99 -131, for the contract period July 1, 1999 through June
30, 2000, and the County Judge is hereby authorized to execute the attached Interlocal Agreement with the
City of Coppell for usage of said contracts.
DO N OPEN COURT this the 15th day of Febru 20
ee F. n, ounty Judge Jun Va*ckmson Mike C ant —re ll District 2
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3-9
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 contracts for road
surfacing products and road construction materials which were solicited and awarded in accordance with
Texas Local Government Code Section 262; and
WHEREAS, the City of Coppell, Texas, hereinafter called "City", has requested that the County allow City
to directly acquire road surfacing products and road construction materials in accordance with such
procurements; 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 Dallas County's Annual
Contract for Road Construction Materials, County Bid No. 99 -131; and
WHEREAS, Chapter 791 of the Texas Government Code, as amended, authorizes 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 and the Annual Contract for Road Construction
Materials for the procurement of materials and services for construction of overlay of various City streets
by directly ordering products from said contractor(s).
II.
City agrees that County has furnished to City a copy of the County's Annual Contract for Asphalt under bid
No. 99 -104, and County's Annual Contract for Road Construction Materials under Bid No. 99 -131 which
are incorporated herein as if fully reproduced; that City has read and understands the terms and conditions
of said contracts and hereby agrees to fulfill each and every requirement contained therein as if City was the
original procuring agency.
III.
City agrees, at its sole cost and expense, to independently administer all construction and change orders,
provide for all inspection, and to pay contractors directly, paying for such goods and services from current
revenues, for all work performed by the County's contractors in accordance with the terms and conditions
of the contracts and bid specifications under Bid Nos. 99 -104 and 99 -131, which have been provided to the
City.
IV.
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 Bbid No.
99 -104, but no later than April 19, 2000 for asphalt materials; and concurrent with the termination of
County's Annual Contract for Road Construction Materials under Bid No. 99 -131, but no later than June 30,
2000, for road materials. County reserves the right to terminate the Contracts prior to their respective
expiration dates under the terms and conditions of Bid Nos. 99 -104 and 99 -131 and County procurement
policy.
V.
County and City agree that in the event of a dispute between County's contractor(s) and City, or claim filed
by contractor(s), resulting from materials or services furnished to City by contractor(s) 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 procurement
of materials and/or services from contractor(s) 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(s) 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.
VI.
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 and County's Annual Contract for Road Construction Materials
obtained by Bid No. 99 -131, except as hereinafter provided.
VII.
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.
VIII.
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 of the 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 construed as if such invalid, illegal or unenforceable provision
has never been contained herein, but shall not affect the remaining provisions of this Agreement, which shall
remain in force and effect.
The City of Coppell, Texas, has executed this agreement uant 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.
2000 -342 , passed on the 15th _day f Febru
Y arY _,2000.
COUNTY
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Lee F. J�
County J
CITY OF COPPFT .T .
ATTEST:
APPROVED AS TO FORM: