HomeMy WebLinkAboutResolution - 2001-R0457 - Interlocal Contract Agreement - Housing Authority Of The City Of Lubbock - 10_25_2001Resolution No. 2001-R 0457
October 25, 2001
Item No. 24
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 the Housing
Authority of the City of Lubbock, 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 City Council.
Passed by the City Council this
25th day of October , 2001.
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WINDY SITTON, MAYOR
ATTEST:
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Rebecca Garza, City Secretary
APPROVED AS TO CONTENT:
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Victor Kilm , Purchasing Manager
APPROVED AS TO FORM:
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William de Haas
Contract Manager/Attorney
gs:ccdocslInterlocal Agrmnt-Housing Auth.res
Oct. 15, 2001
Resolution No. 2001—RO457
October 25, 2001
Item No. 24
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 Housing Authority of the City of Lubbock, hereinafter referred to as "LHA", and
the City of Lubbock, hereinafter referred to as "LUBBOCK", both being governmental
subdivisions of the State of Texas.
WITNESSETH:
WHEREAS, LHA 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, LHA and LUBBOCK hereby agree to cooperate with each other in
such purchases to the mutual benefit of all parties hereto; and
NOW, THEREFORE, LHA and LUBBOCK, do hereby agree as follows:
ARTICLE I
LEGAL AUTHORITY
LUBBOCK and LHA mutually warrant that they possess adequate legal authority
to enter into this Agreement. The parties' governing bodies have authorized the signatory
Interlocal Agreement
LHA 1
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
LHA 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.
Interlocal Agreement
LHA 2
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, 2000, and ends on September 30, 2001. This
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 LHA 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.
Interlocal Agreement
LHA 3