HomeMy WebLinkAboutResolution - 4864 - Interlocal Contract - Houston-Galveston Area Counicl - Cooperative Purchasing - 06_08_1995Resolution No. 4864
June 8, 1995
Item #25
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to
execute for and on behalf of the City of Lubbock an Interlocal Contract by and between the
Houston -Galveston Area Council and the City of Lubbock, attached hereto, which shall be spread
upon the minutes of the Council and as spread upon the minutes of this Council shall constitute
and be a part of this Resolution as if fully copied herein in detail.
Passed by the City Council this 8th day of June 1995.
ATTEST:
etty : Johns City Secretary
APPROVED AS TO CONTENT:
Tuning,
APPROVED'AS TO FORM:
G. Vandiver, First Assistant City Attorney
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INTERLOCAL CONTRACT/AGREEMENT ULA
�.J 443 FOR COOPERATIVE PURCHASING No.: 7 C 5 J 5
Houston -Galveston Area Council Penment Nw;gwd by H-CAC
THIS :1NTERLOCAL CONTRACT ("Agreement"), made -and entered into pursuant to the Texas Intergovernmental Cooperation
Act (Government Code, _ lithe 7, Chapters 741 dt 7911 by and between the Houston -Galveston Area Council, hereinafter referred
to as "H-GAC,":having. its principal place of business at 3555 Timmons Lane, Suite 500, Houston, Texas 77027, and
City of Lubbock , hereinafter referred to as the "local
government" having its principal place of business at P.O. Box 2000, 1625 13th St., Lubbock, Tx. 79457
WITNESSETH
WHEREAS, : H AGAC is a regional planning .commission created under Acts of the -59th Legislature, Regular Session, 1965,
recodified as Texas Local Government Code, _Chapter 391; and
WHEREAS, H�GAC has entered into this contract with the local government on the 8th day of June
19 95•; and
WHEREAS, _the local government Misters . its desire to purchase certain governmental administrative functions, :goods,, or
s..-rvices; and
W 4WJUAS, ,M=GAC hereby agrees t to . perform the :scope of services outlined } in ARTICLE •5, as hereinafter specified in
accordance with: thus contract/agreement; and
NOW, THEREFORE, H-GAC:and the local government do hereby agree as follows:
ARTICLE 1:.LEGAL AUTHORITY
The local government warrants and assures H-GAC that it possesses adequate legal authority -to enter into this contract. The local
government'sigoverningibody:bas-authorized, its signatory official(s) to enter into this contract and to bind the local -government
to the terms of this contract and any subsequentamendments hereto.
ARTICLE 2: APPLICABLE LAWS
H-DAC and. -the : Local . government . agree to . conduct all . activities under this contract in accordance with all � applicable rules,
.regulations, ordinances.and-laws in effect, or promulgated: during the term of.this contract.
ARTICLE 3: WHOLE AGREEMENT
The Interlocal Contract and any attachments, as provided herein, constitute the complete -contract between the parties hereto, and
supersede any. and all oral and written agreements -between the parties relating to matters herein. Except as otherwise provided
herein, this contract cannot be modified without writtenconsent of the parties.
ARTICLE 4: PERFORMANCE PERIOD
The period of this contract shall be for the balance of the fiscal year of the local government -which began October 1 ,
19__9[_ and ends September 30, , 1995 . This contract shall. thereafter automatically be renewed annually for each
succeeding fiscal year, provided that such renewal shall not -have the effect of extending the period in which. the local government
may make any payment due.H-GAC beyond the fiscal year in which such obligation was incurred under this contract.
H-GAC or the local government may cancel this contract .at any time upon 30 days written notice to the other party to this
contract. The obligations of the local government, including its obligation to pay H-GAC for all costs incurred under this -contract
prior to such notice shall survive such cancellation, as well as any other obligation incurred under this contract, until performed
or discharged by the local government.
ARTICLE 5: SCOPE OF SERVICES
The local government appoints H-GAC its true and lawful purchasing. agent: for the purchase of certain products and services
through the H-GAC Cooperative Purchasing Program, as enumerated through submission of any duly executed purchase order,
order form or -resolution. All products purchased hereunder shall be in accordance with specifications established hy H-GAC.
All products and services shall be procured by H-GAC in accordance with procedures governing -competitive bids and competitive
proposals, .and -at -prices andvdministrative fees listed in current_ContractotNendor3?rice'Lists and"H-GAC Forms.
(Continued on reverse aide)
ARTICLE 5: SCOPE OF SERVICES (continued)
Ownership (title) of products purchased shall transfer directly from the contractor/vendor to the local government. The local
government agrees to provide H-GAC with documentation of receipt and acceptance of products and services within five (5) days
of acceptance of same.
ARTICLE 6• PAYMENTS
In accordance with the terms of this contract, the local government agrees that, upon presentation by H-GAC of a properly
documented, verified proof of performance and a statement of costs H-GAC has incurred, it shall upon delivery and acceptance
of products and services, promptly pay H-GAC, from current revenues available to the local government during the current fiscal
year.
ARTICLE 7: CHANGES AND AMENDMENTS
Any alternations, additions, or deletions to the terms of this contract which are required by changes in Federal and State law or
regulations are automatically incorporated into this contract without written amendment hereto, and shall become effective on
the date designated by such law or regulation.
H-GAC reserves the right to make changes in the scope of services and products offered through the H-GAC Cooperative
Purchasing Program to be performed hereunder.
ARTICLE S: TERMINATION PROCEDURES
Either H-GAC or the local government may cancel or terminate this contract upon thirty (30) days written notice by certified
mail to the other party. In the event of such termination prior to completion of any purchase provided for herein, the local
government agrees to pay for services on a prorated basis for materials and services actually provided and invoiced in accordance
with the terms of this contract, including penalties, less payment of any compensation previously paid.
ARTICLE 9: SEVERABIIITY
All parties agree that should any provision of this contract be determined to be invalid or unenforceable, such determination shall
not effect any other term of this contract, which shall continue in full force and effect.
ARTICLE 10: FORCE MAJEURE
To. the extent that either party to this contract 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, judgment, act of God, or specific cause reasonably beyond the parry'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. Determination of force majeure shall rest solely with H-GAC.
ARTICLE 11: VENUE
Venue and jurisdiction of any suit, or cause of action arising under, or in coup« uUu with, this contract shall lie exclusively in
Harris County, Texas.
THIS INSTRUMENT, IN TWO (2) ORIGINALS, HAS BEEN EXECUTED BY THE PARTIES HERETO AS FOLLOWS:
• City of Lubbock
Name of Local Government HOUSTON-GALVESTON AREA COUNCIL
Box 2000 3555 Timmons Lane, Suite 500, Houston, TX 77027
Mailing Address
Lubb T xas�75 Y
• k Steele, &ecutive Director
City tale ZIP Code
Date: C " 2 ? —'FS
Sign chief elected o cial Attest.
Deidre Vick, Public Services Dept. Manager
Typed. Name & Title of Signatory Date
Date:
NOTE. Facsimile copies of this document are not acceptable as ORIGINALS. Printed 2/95. 2K