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HomeMy WebLinkAboutResolution - 5766 - Interlocal Agreement - WTMPA - Cooperative Purchasing - 02_12_1998RESOLUTION NO. 5766 Item #31 February 12, 1998 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 Agreement for Cooperative Purchasing, attached herewith, by and between the City of Lubbock and West Texas Municipal Power Agency, and all future Interlocal Agreements for Cooperative Purchasing in substantially the same form as the attached Agreement, which Agreement 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 12th day of February , 1998. I:1 , City Secretary APPROVED AS TO CONTENT: gzabl Victor Kilman, Purchasing Manager APPROVED AS TO rii G. Vandiver, City Attorney da/ccdocs/ia-wtmpa. res February 4, 1998 RESOLUTION NO. 5766 Item #31 February 12, 1998 STATE OF TEXAS § COUNTY OF LUBBOCK § INTERLOCAL AGREEMENT FOR COOPERATIVE PURCHASING THIS INTERLOCAL AGREEMENT ("Agreement"), made and entered into pursuant to the Interlocal Cooperation Act (Chapter 791, Government Code) by and between the West Texas Municipal Power Agency, hereinafter referred to as "WTMPA," and the City of Lubbock, hereinafter referred to as "LUBBOCK," both being governmental subdivisions of the State of Texas. WITNESSETH: WHEREAS, WTMPA and LUBBOCK jointly desire to cooperate on selected governmental purchases in order to enjoy greater economy of scale and thereby reduced prices for certain commodities used by both governmental entities; and WHEREAS, WTMPA and LUBBOCK hereby agree to cooperate with each other in such purchases to the mutual benefit of all parties hereto; and NOW, THEREFORE, WTMPA and LUBBOCK do hereby agree as follows: ARTICLE I LEGAL AUTHORITY LUBBOCK and WTMPA mutually warrant that they possess adequate legal authority to enter into this Agreement. The parties' governing bodies have authorized the signatory officials to enter into this Agreement to bind the parties to the terms of this Agreement and any subsequent amendment thereto. ARTICLE II APPLICABLE LAWS WTMPA and LUBBOCK agree to conduct all activities under this Agreement in accordance with all applicable Federal, State and/or local laws, ordinances, rules, regulations in effect or promulgated during the term of this Agreement. Pursuant to Section 791.012, the parties hereby agree that the laws of the particular entity making the particular purchase shall apply to the purchase, unless the law of the other entity is more strict and would prohibit the purchase being made in such a manner. In such a case, as for instance where the required bid amount differs between the parties, the purchase shall be made in conformance with the most stringent applicable regulation. ARTICLE III WHOLE AGREEMENT The Interlocal Agreement and Attachments, as provided herein, constitutes the complete agreement between the parties hereto, and supersedes any and all oral and written agreements between the parties relating to the matters contained herein. Except as otherwise provided herein, this Agreement cannot be modified without the written consent of the parties. ARTICLE IV PERFORMANCE PERIOD The period of this Interlocal Agreement shall be for the balance of the fiscal year of LUBBOCK, which began on October 1, 1997, and ends on September 30, 1998. This Agreement shall thereafter automatically be renewed annually for each succeeding fiscal year of LUBBOCK, provided that such renewal shall not have the effect of extending the period in which any party shall make payments beyond the fiscal year in which the party incurred such obligation. INTERLOCAL AGREEMENT -- WEST TEXAS MUNICIPAL POWER AGENCY PAGE 2 ARTICLE V SCOPE OF SERVICES LUBBOCK and WTMPA hereby agree to jointly engage in the purchase of such certain items or services as are used by both governmental entities and as may be jointly agreed upon by the purchasing officers of both parties. Neither party shall be required to use joint purchasing procedures for any purchase, either as lead purchasing agent or as receiving purchasing agent, if the purchasing officer of such party deems it not to be in the best interest of his governmental entity to engage in joint purchasing for such purchase. As a general rule, the governmental entity that uses the most of a particular commodity or service shall be the lead agent in making a joint purchase. The lead agent shall insure that the purchase complies with the most stringent requirements for the particular purchase to be found in the Education Code, the Local Government Code or other applicable law. The materials and services shall be ordered by means of mutually agreeable purchase order forms and purchases by the lead purchasing agent shall be in quantities sufficient to satisfy the requests of both parties. Ownership (title) of materials purchased shall transfer directly from the vendor to the applicable party. Purchase of materials or services involving special contracts or warranties shall require each party to execute individual contracts with the vendor for its part of the joint purchase. ARTICLE VI PAYMENTS Each party to this Agreement ordinarily shall be responsible for payment of its portion of the proportionate purchase costs directly to the vendor. To the extent that any payments may be required to be made to one another as a matter of convenience, such payments shall be made from current funds available to the paying party on or before the date of the delivery of any materials or services under this Agreement. INTERLOCAL AGREEMENT -- WEST TEXAS MUNICIPAL POWER AGENCY PAGE 3 ARTICLE VII CHANGES AND AMENDMENTS Any alterations, additions, or deletions to the terms of this Agreement which are required by changes in Federal or 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. ARTICLE VIII TERMINATION PROCEDURES Either WTMPA or LUBBOCK may cancel or terminate this Agreement upon thirty (30) days written notice by certified mail to the other party. The obligations of each party, including any obligation to pay the other party for costs incurred under this Agreement prior to receipt of such notice shall survive such cancellation, as well as any other obligation under this Agreement until performed or discharged by the responsible party. In the event of such termination prior to completion of any purchases provided for herein, the -receiving party agrees to pay either the vendor or the lead agent, whichever is appropriate, for such materials or services. Termination under this section shall have the effect of ending future joint purchases, but it shall in no way render the obligations of a party to a vendor or the other party on existing purchases void or ineffective. ARTICLE IX SEVERABILITY All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable for any reason, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. INTERLOCAL AGREEMENT -- WEST TEXAS MUNICIPAL POWER AGENCY PAGE 4 a ARTICLE X FORCE MAJEURE To the extent that either party to this Agreement shall be wholly or partially prevented from the performance of the term specified or 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, court judgment, act of God, or other specific cause reasonably beyond the parties' control and not attributable to it its' malfeasance, 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. ARTICLE XI VENUE Venue and jurisdiction of any suit, or cause of action arising under or in connection with this Agreement shall lie exclusively in Lubbock County, Texas. INTERLOCAL AGREEMENT -- WEST TEXAS MUNICIPAL POWER AGENCY PAGE 5 EXECUTED on this the 12t>, day of February , 1998. CITY OF LUBBOCK: '- Liffifflorrm, I w%up''wo, NO �� •' Victor Kilman, turchasing Manager APPROVED AS TO FORM: First Assistant City Attorney da/ddcon2/IA-V✓T[TA.doc February 4, 1998 WEST TEXAS MUNICIPAL POWER AGENCY ATTEST: ecretary INTERLOCAL AGREEMENT -- WEST TEXAS MUNICIPAL POWER AGENCY PAGE 6