HomeMy WebLinkAboutResolution - 2020-R0378 - Interlocal Agreement for Cooperative Purchasing with Denton County Transportation AuthorityResolution No. 2020-RO378
Item No. 6.18
October 27, 2020
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock 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 Denton County Transportation Authority, and all 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 Council.
Executed by the City Council this 27th day of
ATTEST:
Reb cca Uarza, City S c etary
APPROVED AS TO CONTENT:
2- '; 0-
Bill Howe Deputy City ;�00
APPROVED AS TO FORM:
R an B oke, As ?stant City Attorney
RBS.Interlocal Agreement for Cooperative Purchasing-DCTA
10.2.20
October 2020.
DANIEL M. POPE, MAYOR
No Text
Resolution No. 2020-RO378
STATE OF TEXAS §
§ INTERLOCAL AGREEMENT FOR
COUNTY OF DENTON § COOPERATIVE PURCHASING
This Interlocal Agreement for Cooperative Purchasing ("Agreement") is made and entered
into as of the Effective Date by and between Denton County Transportation Authority ("DCTA")
and the City of Lubbock, Texas ("City"), (each a "Party" and collectively the "Parties"), acting by
and through their authorized representatives.
RECITALS
WHEREAS, the City of Lubbock, Texas is a home -rule municipality and local
governmental entity located within the State of Texas and in the County of Lubbock; and
WHEREAS, DCTA is a coordinated county transportation authority created under
Chapter 460 of the Texas Transportation Code; and
WHEREAS, the Parties are authorized to enter into this Agreement pursuant to the Inter -
local Cooperation Act ("Act"), Chapter 791, Texas Government Code; and
WHEREAS, DCTA and City of Lubbock, Texas are units of local government that have
the statutory authority under the Act to perform the services set forth in this Agreement; and
WHEREAS, the Parties have each determined a need for a cooperative agreement to
purchase like goods and services, including mobility services, to avoid duplicate procurement
efforts and obtain the benefits of volume purchasing; and
WHEREAS, the Parties desire to enter into a cooperative purchasing program which will
allow each Party to purchase goods and services, including mobility services, under each other's
competitively bid contracts pursuant to Subchapter F, Chapter 271, of the Texas Local Government
Code;
NOW THEREFORE, for and in consideration of the mutual obligations and benefits
contained herein, the Parties shall agree as follows:
Article I
Purpose
The purpose of this Agreement is to establish a cooperative purchasing program between
the Parties that will allow each Party to purchase goods and services, including mobility services,
under each other's competitively bid contracts pursuant to Subchapter F, Chapter 271 of the Texas
Local Government Code in order to avoid duplicate procurement efforts and obtain the benefits of
volume purchasing.
PAGE 1 DCTA AND CITY OF LUBBOCK, TEXAS
INTERLOCAL AGREEMENT FOR COOPERATIVE PURCHASING
Article II
Term
2.1 The Initial Term of this Agreement shall begin on the last date of execution hereof
(the "Effective Date") and continue for a period of one (1) year, unless sooner terminated as
provided herein. After the Initial Term, this Agreement shall automatically renew for successive
one (1) year terms upon the mutual agreement by both Parties (each a "Renewal Term").
2.2 Either Party may terminate this Agreement for any reason whatsoever, without
cause or penalty, by providing the other Party thirty (30) days' prior written notice to terminate.
Article III Designated
Representative
The Parties agree that each Party shall respectively designate a person to act under the
direction of, and on behalf of, the designated Party (the "Designated Representative").
Article IV
Purchasing
At the request of the other Party, the Party that enters into a contract with a vendor for
goods or services, including mobility services, (the "First Purchasing Party") shall attempt to
obtain the vendor's agreement to offer those goods and services to the other Party (the "Second
Purchasing Party") for the same price and on the same terms and conditions as have been offered
to the First Purchasing Party. If the vendor so agrees, and if the Second Purchasing Party is
agreeable to such terms and conditions, the Second Purchasing Party may enter into its own
separate contract with the vendor for the purchase of such goods or services.
Article V
Payments
Unless otherwise agreed between the Designated Representatives, payments for a purchase
made by the Second Purchasing Party shall be paid directly to the vendor and not to the First
Purchasing Party. The Second Purchasing Party shall have the responsibility of determining
whether the vendor has complied with any provisions in its contract with the vendor, including but
not limited to those relating to the quality of items and terms of delivery, and shall be responsible
for enforcement of its contract against the vendor, including all costs of enforcement.
Article VI
Miscellaneous
6.1 Federal, State and Local Laws. This Agreement will be subject to all applicable
federal, state and local laws, ordinances, rules and regulations.
PAGE 2 DCTA AND CITY OF LUBBOCK, TEXAS
1NTERLOCAL AGREEMENT FOR COOPERATIVE PURCHASING
6.2 Governing Law. If any action, whether real or asserted, at law or in equity, arises
on the basis of any provision of this Agreement, venue for such action shall lie in state courts
located in Denton County, Texas.
6.3 Severability. If any term or provision of this Agreement is held to be illegal, invalid
or unenforceable, the legality, validity or enforceability of the remaining terms or provisions of
this Agreement shall not be affected thereby, and in lieu of each such illegal, invalid or
unenforceable term or provision, the parties shall endeavor to agree to a legal, valid or enforceable
term or provision as similar as possible to the term or provision declared illegal, invalid or
unenforceable.
6.4 Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall be deemed an original, and all of which shall constitute but one and the same
instrument.
6.5 Authorization. The undersigned officers and/or agents are properly authorized to
execute this Agreement on behalf of the parties hereto and each party hereby certifies to the other
that any necessary actions extending such authority have been duly passed and are now in full
force and effect.
6.6 Notices. All notices, requests, demands, and other communications which are
required or permitted to be given under this Agreement shall be in writing and shall be deemed to
have been duly given upon the delivery or receipt thereof, as the case may be, if delivered
personally or sent by registered or certified mail, return receipt requested, postage prepaid, to the
respective city representative set out below, or his/her designee.
(signature page to follow)
PAGE 3 DCTA AND CITY OF LUBBOCK, TEXAS
INTERLOCAL AGREEMENT FOR COOPERATIVE PURCHASING
EXECUTED this
Approved as to form:
0
day of 2020.
Denton County Transportation Authority
0
Raymond Suarez, Chief Executive Officer
1955 Lakeway Drive, Suite 260
Lewisville, Texas 75067
Phone: (972) 221-4600
Joseph J. Gorfida, Jr., General Counsel
(09-29-2020:TM 118628)
EXECUTED this 27th day of October , 2020.
City of Lubbock, Texas
By: L--( ' y
Name: DANIEL M. POPE
Title: MAYOR
1341 Avenue K
Lubbock, Texas 79401
ATTEST:
Rebecca Garza, ity Secretary
Approved as to Content:
jn�B
Marta A arez, Director of Purchasing &
Contract anagement
Approved as to Form:
By:
Ryan B �ssistant City Attorn
PAGE 4 DCTA AND CITY OF LUBBOCK, TEXAS
INTERLOCAL AGREEMENT FOR COOPERATIVE PURCHASING
EXECUTED thiso73 rot day of alie&12020.
Denton County Transportation Authority
BY:
Rrdnd Suarez, Chic xe utive Officer
1955 Lakeway Drive, Suite 260
Lewisville, Texas 75067
Phone: (972) 221-4600
Approved as to foam:
By: 7� [ _ sl.' 9�
Joseph J. Gorfida, Jr., General Counsel
(09-29-2020:TM 118628)
EXECUTED this day of 2020.
City of Lubbock, Texas
By:
Name:
Title:
1341 Avenue K
Lubbock, Texas 79401
PACE 4 i DCTA AND CITY OF LuasocE, TExAs
I INTERLOCAL AGREEMENT FOR COOPERATIVE PURCHASING