Loading...
HomeMy WebLinkAboutResolution - 2015-R0022 - Brazos Valey Council Of Governments Purchasing Solutions Alliance - 01/08/2015Resolution No. 2015-R0022 No. 5.31 uy 8, 2015 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the City Manager of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Interlocal Agreement by and between the City of Lubbock and the Brazos Valley Council of Governments Purchasing Solutions Alliance, of Bryan, Texas, and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this January 8, 2015 -2014 ATTEST: APPROVED AS TO CONTENT: Pamela Moon, Executive Director of Finance APPROVED AS TO FORM: Mitchell SauerwhUzyirst Assistant City Attorney Re .I tMmM Ag nt-BVCOG 12.10.14 Resolution No. 2015-R0022 Purchasing Solutions Alliance a purrbasing roopemtive for pubik agencies INTERLOCAL PURCHASING AGREEMENT THIS INTERLOCAL AGREEMENT ("ILA"), made and entered into pursuant to the Texas Interlocal Cooperation Act, Chapter 791, Texas Government Code (the "Act'), by and between the Brazos Valley Council of Governments, hereinafter referred to as "BVCOG," having its principal place of business at 3991 East 29ih St., Bryan, Texas 77802, and City of Lubbock 'a local government, a state agency, or a non-profit corporation created and operated to provide one or more governmental functions and services, hereinafter referred to as "Cooperative Member," having its principal place of business at 1625 13N Stmet, Lubbock. Tmn 79401 WHEREAS, BVCOG is a regional planning commission and political subdivision of the State of Texas operating under Chapter 391, Texas Local Government Code; and WHEREAS, pursuant to the Act, BVCOG is authorized to contract with eligible entities to perform governmental functions and services, including the purchase of goods and services; and WHEREAS, in reliance on such authority, BVCOG has instituted a cooperative purchasing program, hereinafter referred to as the `Purchasing Solutions Alliance" or "PSA," under which it contracts with eligible entities under the Act; and WHEREAS, Cooperative Member has represented that it is an eligible entity under the Act, that its governing body has authorized this Agreement on January 8, 2015 (Date), and that it desires to contract with BVCOG on the terms set forth below; NOW, THEREFORE, BVCOG and the Cooperative Member do hereby agree as follows: ARTICLE 1: LEGAL AUTHORITY The Cooperative Member represents and warrants to BVCOG that it is eligible to contract with BVCOG under the Act for the purposes recited herein because it is one of the following: a local government, as defined in the Act (a county, a municipality, a special district, or other political subdivision of the State of Texas or any other state, or a combination of two or more of those entities, a state agency (an agency of the State of Texas as defined in Section 771.002 of the Texas Government Code, or a similar agency of another state), or a non-profit corporation created and operated to provide one or more governmental functions and services, and it possesses adequate legal authority to enter into this Agreement. ARTICLE 2: APPLICABLE LAWS BVCOG and the Cooperative Member agree to conduct all activities under this Agreement in accordance with all applicable rules, regulations, and ordinances and laws in effect or promulgated during the term of this Agreement. ARTICLE 3: WHOLE AGREEMENT This Agreement and any attachments, as provided herein, constitute the complete agreement between the parties hereto, and supersede any and all oral and written agreements between the parties relating to matters herein. 1 of 3 aVCOG-PSA Interlocal Purchasing Agrtnnent - Rev. K07.14 ARTICLE 4: PERFORMANCE PERIOD This Agreement shall be effective when signed by the last party whose signing makes the Agreement fully executed and will remain in full force and effect for one (1) year. This Agreement shall automatically renew for successive one-year terms unless sooner terminated in accordance with the provisions of this Agreement. The conditions set forth below shall apply to the initial term and all renewals. Notwithstanding this provision, any party may modify or terminate this Agreement as provided in Article(s) 7 or 8. ARTICLE 5: SCOPE OF SERVICES The Cooperative Member appoints BVCOG its true and lawful purchasing agent for the purchase of certain products and services through the Purchasing Solutions Alliance cooperative purchasing program. All purchases hereunder shall be in accordance with Texas statutes and procedures governing competitive bids and competitive proposals and in accordance with specifications and contract terms established by BVCOG, and at the prices available and published by BVCOG. Ownership (title) to products purchased through contracts awarded pursuant to the PSA program shall transfer directly from the contractor to the Cooperative Member. Nothing in this Agreement shall prevent the Cooperative Member from purchasing and/or accepting and awarding bids, proposals and contracts subject to this Agreement on its own behalf. ARTICLE 6: PAYMENTS Upon delivery of goods or services purchased and presentation of a properly documented invoice, the Cooperative Member shall promptly, and in any case within thirty (30) days, pay the vendor and/or contractor the full amount of the invoice. All payments for goods or services will be made from current revenues available to the paying party. In no event shall BVCOG have any financial liability to the Cooperative Member for any goods or services Cooperative Member procures through its PSA program. ARTICLE 7: CHANGES AND AMENDMENTS This Agreement may be amended only by a written amendment executed by both parties, except that any alternations, additions, or deletions to the terms of this Agreement which are required by changes in Federal and State law or regulations are automatically incorporated into this Agreement without written amendment hereto and shall become effective on the date designated by such law or regulation. BVCOG reserves the right to make changes in the scope of products and services offered through the PSA cooperative purchasing program to be performed hereunder. ARTICLE 8: TERMINATION PROCEDURES BVCOG or the Cooperative Member may cancel this Agreement at any time upon thirty (30) days written notice by certified mail to the other party to this Agreement. The obligations of the Cooperative Member, including obligations to pay any vendor or contractor for all goods and/or services purchased under this Agreement, shall survive such cancellation, as well as any other obligation incurred under this Agreement, until performed or discharged by the Cooperative Member. ARTICLE 9: SEVERABILITY All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. 2 of 3 BVCOG-PSA Interlocal Purchasing Agreement - Rev. 04.07.14 ARTICLE 10: FORCE MAJEURE To the extent that either party to this Agreement shall be wholly or partially prevented from the performance within the term specified of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed; provided, however, force majeure shall not excuse an obligation solely to pay funds. ARTICLE 11: CONSENT TO SUIT Nothing in this Agreement will be construed as a waiver or relinquishment by either party of its right to claim such exemptions, privileges and immunities as may be provided by law. ARTICLE 12: MISCELLANEOUS a. This Agreement has been made under and shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under, or in connection with, this Agreement shall lie exclusively in Brazos County, Texas. b. The persons executing this Agreement hereby represent that they have authorization. to sign on behalf of their respective entities. C. This Agreement and the rights and obligations contained herein may not be assigned by either party without the prior written approval of the other party to this Agreement. THIS INSTRUMENT HAS BEEN EXECUTED BY THE PARTIES HERETO AS FOLLOWS: CITY OF Be G1 R�dbertson, Mayor Brazos Valley Council of Governments Purchasing Solutions Alliance January 8, 2015 3991 East 29`s St. Date: Bryan, Texas 77802 Tom Wilkinson. Jr. BVCOG ExecutiPyqDirector or Designee Signature ofExecu' irect or Designee Date: 12 / Michael D. Lucas Attest: PSA Progre Mena r Attest: i `� J Signature oTPSA Program anger Date: 12/09/2014 ATTEST: e ecca Garza,Ci y cretary APPR VED TO CONTENT: It, Alva z, Director of Purchasing and Contract Management APPROVED 014 MKIYCK a e ''e, First Assistant City Attorney 3 of3 BVCOGPSA Inlerle Nu wiM Agmemen[ - acv. 007.14