HomeMy WebLinkAboutResolution - 4716 - Interlocal Agreement - City Of Wolfforth - Cooperative Purchasing - 01/26/1995Resolution No. 4716
January 26, 1995
Item #5
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 the City of Wolfforth,
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 26th
ATTEST:
kei� �ohr�o�nity Secretary
APPROVED AS TO CONTENT:
Victor Kil an, urchasing Manager
APPROVED AS TO FORM:
qD' �d!GVanter, First A�
Attorney
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ccdocs\A-WOUTH.res
January 11, 1995
Resolution No. 4716
January 26, 1995
Item #5
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 City of Wolfforth, hereinafter referred to as "WOLFFORTH," and the City
of Lubbock, hereinafter referred to as "LUBBOCK," both being municipal corporations
located in Lubbock County, Texas.
WITNESSETH:
WHEREAS, WOLFFORTH 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, WOLFFORTH and LUBBOCK. hereby agree to cooperate with each
other in such purchases to the mutual benefit of all parties hereto; and
NOW, THEREFORE, WOLFFORTH and LUBBOCK do hereby agree as
follows:
ARTICLE I
LEGAL AUTHORITY
LUBBOCK and WOLFFORTH 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 amendments thereto.
ARTICLE II
APPLICABLE LAWS
WOLFFORTH 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, 1994, and ends on September 30, 1995. 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
Interlocal Agreement
City of Wolfforth --Page 2
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 WOLFFORTH 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 malting 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.
Interlocal Agreement
City of Wolfforth --Page 3
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.
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 WOLFFORTH 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. n 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
I
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
Interlocal Agreement
City of Wolfforth --Page 4
party to a vendor or the other parry 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 parry 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 of City, Texas.
Interlocal Agreement
City of Wolfforth --Page 5
EXECUTED on this the 26th day of January
CITY OF WOLFFORTH:
Title:
ATTEST:
Secretary
APPROVED AS TO CONTENT:
Purchasing Officer
199 5
ATTEST:
Betty M. Johnso City Secietary
APPROVED AS TO CONTENT:
� Lte4�l, `---
Victor 014m,Purchasing Manager
OVER AS TO FORM: APPROVED AS TO FORM:
1134
a d G. Vandiver, First Assistant
City Attorney
DGV:da
dgv 1/A-WOLFT14.doc
December 1, 1994
Interlocal Agreement
City of Wolfforth --Page 6