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HomeMy WebLinkAboutResolution - 2003-R0383 - Interlocal Agreement For Cooperative Purchasing - Lubbock Metro Planning Org. - 09_13_2003Resolution No. 2003-RO383 September 13, 2003 Item No. 33 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, by and between the City of Lubbock and Lubbock Metropolitan Planning Organization, 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 City Council. Passed by the City Council this 18th day of September '2003. A0,1_1 MARC McDO i AL, MAYOR ATTEST: ecca Garza, City Secretary APPROVED AS TO CONTENT: Victor Kilman, Purchasing Manager APPROVED AS TO FORM: City Attorney gs:ccdocs/Res-Interlocal Agrmnt-Lubb Metropolitan Planning Sept 4, 2003 Resolution No. 2003—RO383 September 18, 2003 Item No. 33 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 Lubbock Metropolitan Planning Organization, hereinafter referred to as "LMPO", and the City of Lubbock, hereinafter referred to as "LUBBOCK", both being governmental subdivisions of the State of Texas. WITNESSETH: WHEREAS, LMPO 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 and services, including professional services, used by both governmental entities; and WHEREAS, LMPO and LUBBOCK hereby agree to cooperate with each other in such purchases to the mutual benefit of all parties hereto; and NOW, THEREFORE, LMPO and LUBBOCK, do hereby agree as follows: ARTICLE I LEGAL AUTHORITY LUBBOCK and LMPO mutually warrant that they possess adequate legal authority to enter into this Agreement. The parties' governing bodies have authorized the Interlocal Agreement LMPO 1 signatory officials to enter into this agreement to bind the parties to the terms of this Agreement and any subsequent amendments thereto. ARTICLE II APPLICABLE LAWS LMPO 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 state laws of the particular entity making the particular purchase shall apply to the purchase, unless the state 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, 2002, and ends on September 30, 2003. This Interlocal Agreement LMPO 2 Agreement may be renewed annually for each succeeding fiscal year of LUBBOCK, upon mutual agreement of the parties, provided that such renewal shall not have effect of extending the period in which any party shall make payments beyond the fiscal year in which the party incurred such obligation. ARTICLE V SCOPE OF SERVICES LUBBOCK and LMPO hereby agree to jointly engage in the solicitation of bid for 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 Government Code, 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 or requests for proposals 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 Interlocal Agreement LMPO 3 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 or service provider. 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. ARTICLE VII CHANGES OF 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 LMPO 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 Interlocal Agreement LMPO 4 party. In the event of such termination prior to completion of any purchases provided for herein, the receiving parry 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. ARTICLE X FORCE MAJEURE To the extent that either party of 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 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 LMPO 5 EXECUTED on this the 18th CTTV (1R T T TRRC)rY- ATTEST:- - AReecca Garza, City Secretary APPROVED AS TO CONTENT: I Victor Kilntan,TVurchasing Manager APPROVED AS TO FORM: Knight, istant Ci y Attorney day of September, 2003. LUBBOCK METROPOLITAN PLANNING ORGANIZATION enny M n s, hai erson LMPO T ansportation Policy Committee ATTEST: Secretary Interlocal Agreement LMPO 6