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HomeMy WebLinkAboutR-1147-11-92RESOLUTION NO. 1147-11-92(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING THE CITY MANAGER TO PURCHASE VEHICLES THROUGH THE HOUSTON-GALVESTON AREA COUNCIL. WHEREAS, the City Council of the City of Allen, Texas, pursuant to the Interlocal Cooperation Act ( Article 4413 (32c) V. T. C. S. ) by and between the Houston -Galveston Area Council; and, WHEREAS, the City Council is of the opinion that participation in these programs will be highly beneficial to the tax payers of the City, through the anticipated savings to be realized; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS THAT: The City Council does request the Houston - Galveston Area Council enter into an interlocal agreement with the City of Allen, whereby the City Manager is authorized and directed to sign and deliver all necessary requests and other documents in connection therewith for and on behalf of the City of Allen. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THE 19TH DAY OF NOVEMBER , 1992. APPROVED: oe Farmer, MAYOR ATTEST: J y Mo ison, CITY SECRETARY RESOLUTION NO. 1147-11-92(R) HOUSTON-GALVESTON AREA COUNCIL ILA f� INTERLOCAL AGREEMENT NUMBER: 3 d THIS INTERLOCAL AGREEMENT ("Agreement"), made and entered into pursuant to the Interlocal Cooperation Act (Article 4413(32c) V.T.C.S.) by and between the Houston -Galveston Area Council, hereinafter referred to as H -GAC, having its principal place of business at 3555 Timmons Lane, Suite 500, Houston, Texas 77027 and City of. Allen, One Butler Circle, , hereinafter referred to as the localgovernmenthaving s pr ncipa p ace o us Hess at Allen, TX 75002 , WITNESSETH: WHEREAS, H -GAC is a regional planning commission created under Acts of the 59th Legislature, Regular Session, 1965, recodified as Chapter 391 Texas Local Government Code; and WHEREAS, H -GAC has entered into an agreement with the local government on the 1 9 t Nay of November , 19 92 and WHEREAS, the local government desires to purchase certain governmental administrative functions, goods or services; and WHEREAS, H -GAC hereby agrees to perform the scope of services outlined in Article 5 as hereinafter specified in accordance with the Agreement, and NOW, THEREFORE, H -GAC and the local government do hereby agree as follows: ARTICLE 1 LEGAL AUTHORITY The local government warrants and assures H -GAC that it possesses adequate legal authority to enter into this Agreement. The local government's governing body has authorized the signatory official(s) to enter into this Agreement and bind the local government to the terms of this Agreement and any subsequent amendments hereto. ARTICLE 2 APPLICABLE LAWS H -GAC and the local government agree to conduct all activities under this Agreement in accordance with all applicable rules, regulations, ordinances and laws in effect or promulgated during the term of this Agreement. ARTICLE 3 WHOLE AGREEMENT The Interlocal Agreement and Attachments, as provided herein, constitute the complete Agreement between the parties hereto, and supersedes any and all oral and written agreements between the parties relating to matters herein. Except as otherwise provided herein, this Agreement cannot be modified without written consent of the parties. ARTICLE 4 PERFORMANCE PERIOD The period of this Interlocal Agreement shall be for the (balance of) fiscal year of the local government which begins October 1 , 19 92ind ends Sept. 30 , 1993. This contract shall thereafter automatically be renewed annually for each suttee ing fiscal year, provided that such renewal shall not have the effect of extending the period in which the local government may make any payment due H -GAC beyond the fiscal year in which such obligation was incurred under this Agreement. H -GAC or the local government may cancel this Agreement at any time upon 30 days written notice to the other party to this Agreement. The obligations of the local• government, including its obligation to pay H -GAC for all costs incurred under this Agreement prior to such notice shall survive such cancellation, as well as any other obligation incurred under this Agreement, until performed or discharged by the local government. ARTICLE 5 SCOPE OF SERVICES The -local 'government appoints H -GAC its true and lawful purchasing agent for the purchase of certain materials and services through the Council's Cooperative Purchasing Program, as enumerated through the submission of a duly executed purchase order, order form or resolution. All material purchased hereunder shall be in accordance with specifications established by H -GAC. (over) 6/21/90--692J The materiais and services shall be procured in accordance with procedures governing competitive bidding by H -GAC; and at the unit prices and administrative fee as indicated in the current H -GAC Order Form and Price Lists. ownership (title) of material purchased shall transfer directly from the vendor to the local government. The local government agrees to provide H -GAC with documentation of receipt and acceptance of material within five (5) days of acceptance of same. ARTICLE 6 PAYMENTS The local government agrees that, upon the presentation by H -GAC of a property documented, verified proof of performance and a statement of costs H -GAC has incurred in accordance with the terms of this Agreement, it shall pay H -GAC, from current revenues available to the local government during the current fiscal year, on or before the date of the delivery of materials and services to be provided under this agreement. ARTICLE 7 CHANGES AND AMENDMENTS Any alterations, additions, or deletions to the terms of this Agreement which are required by changes in Federal and 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. H -GAC may, from time to time, require changes in the scope of the services offered through the H -GAC Cooperative Purchasing Program to be performed hereunder. ARTICLE 8 TERMINATION PROCEDURES Either H -GAC or the local government may cancel or terminate this Agreement upon thirty (30) days written notice by certified mail to the other party. In the event of such termination prior to completion of any purchase provided for herein, the local government agrees to pay for services on a prorated basis for materials and services actually provided and invoiced in accordance with the terms of this Agreement, including penalties, less payment of any compensation previously paid. ARTICLE 9 SEVERABILITY All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not effect any other term of this Agreement, which shall continue in full force and effect. ARTICLE 10 FORCE MAJEURE To the extent that either party to this Agreement shall be wholly or partially prevented from the performance within the term specified 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, accident, judgement, act of God, or specific cause reasonably beyond the parties' control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty scall be ausve-rided witil such uissbility to perform is removed. Determination of force majeure shall rest solely with H -GAC. ARTICLE 11 VENUE Venue and jurisdiction of any suit, or cause of action arising under or in connection with the Agreement shall lie exclusively in Harris County, Texas. This instrument, in duplicate originals, has been executed by the parties hereto as follows: ty of Allen HOUSTON-GALVESTON AREA COUNCIL Local ove'rnme BY 8Y Date // z .1 A� ld ry Manaae--of) Cooperati Purchasing DATE ll Name b-Twtle of Signatory / / cls stxlp�' (PLEASE TYPE) Executive Director 71992 CITY c ^'_'_EN The materials and services shall be procured in accordance with procedures governing competitive bidding by H -GAC; and at the unit prices and administrative fee as indicated in the current H -GAC Order Form and Price Lists. Ownership (title) of material purchased shall transfer directly from the vendor to the local government. The local government agrees to provide H -GAC with documentation of receipt and acceptance of,mai:erial within five (5) days of accepta"nce of same. ARTICLE 6 PAYMENTS The local government agrees that, upon the presentation by H -GAC of a properly documented, verified proof of performance and a statement of costs H -GAC has incurred in accordance with the terms of this Agreement, it shall pay H -GAC, from current revenues available to the local government during the current fiscal year, on or before the date of the delivery of materials and services to be provided under this agreement. ARTICLE 7 CHANGES AND AMENDMENTS Any alterations, additions, or deletions to the terms of this Agreement which are required by changes in Federal and 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. H -GAC may, from time to time, require changes in the scope of the services offered through the H -GAC Cooperative Purchasing Program to be performed hereunder. ARTICLE 8 TERMINATION PROCEDURES Either H -GAC or the local government may cancel or terminate this Agreement upon thirty (30) days written notice by certified mail to the other party. In the event of such termination prior to completion of any purchase provided for herein, the local government agrees to pay for services on a prorated basis for materials and services actually provided and invoiced in accordance with the terms of this Agreement, including penalties, less payment of any compensation previously paid. ARTICLE 9 SEVERABILITY All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not effect any other term of this Agreement, which shall continue in full force and effect. ARTICLE 10 FORCE MAJEURE To the extent that either party to this Agreement shall be wholly or partially prevented from the performance within the term specified 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, accident, judgement, act of God, or specific cause reasonably beyond the parties' control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such oblitgetlon or duty Shall be busNerided urAil such disability to perform is removed. Determination of force majeure shall rest solely with H -GAC.. ARTICLE 11 VENUE Venue and jurisdiction of any suit, or cause of action arising under or in connection with the Agreement shall lie exclusively in Harris County, Texas. This instrument, in duplicate originals, has been executed by the parties hereto as follows: ty of Allen HOUSTON-GALVESTON AREA COUNCIL Local overnme t By BY Date // z Manag Cooperati Purchasing 6161 DATE it Z Date a / 2 - Name Name 'tie of Si natory c{ St (PLEASE TYPE) Executive Director HOUSTON-GALVESTON AREA COUNCIL ILA INTERLOCAL AGREEMENT NUMBER: 9 ke 3� THIS INTERLOCAL AGREEMENT ("Agreement"), made and entered into pursuant to the Interlocal Cooperation Act (Article 4413(32c) V.T.C.S.) by and between the Houston -Galveston Area Council, hereinafter referred to as H -GAC, having its principal place of business at 3555 Timmons Lane, Suite 500, Houston, Texas 77027 and City of. Allen, One Butler Circle, hereinafter referred to as the local g3vernment having Its principal place ot busIness at Allen, TX 75002 WITNESSETH: WHEREAS, H -GAC is a regional planning commission created under Acts of the 59th Legislature, Regular Session, 1965, recodified as Chapter 391 Texas Local Government Code; and WHEREAS, H -GAC has entered into an agreement with the local government on the 1-0 tNay of November , 19 92 and WHEREAS, the local government desires to purchase certain governmental administrative functions, goods or services; and WHEREAS, H -GAC hereby agrees to perform the scope of services outlined in Article 5 as hereinafter specified in accordance with the Agreement, and NOW, THEREFORE, H -GAC and the local government do hereby agree as follows: ARTICLE 1 LEGAL AUTHORITY The local government warrants and assures H -GAC that it possesses adequate legal authority to enter into this Agreement. The local government's governing body has authorized the signatory officials) to enter into this Agreement and bind the local government to the terms of this Agreement and any subsequent amendments hereto. ARTICLE 2 APPLICABLE LAWS H -GAC and the local government agree to conduct all activities under this Agreement in accordance with all applicable rules, regulations, ordinances and laws in effect or promulgated during the term of this Agreement. ARTICLE 3 WHOLE AGREEMENT The Interlocal Agreement and Attachments, as provided herein, constitute the complete Agreement between the parties hereto, and supersedes any and all oral and written agreements between the parties relating to matters herein. Except as otherwise provided herein, this Agreement cannot be modified without written consent of the parties. ARTICLE 4 PERFORMANCE PERIOD The period of this Inter i oca i Agreement shall be for the (oai ante of) fi sca i year of the local government which begins October 1 , 19 923nd ends Sept. 30 , 1993. This contract shall thereafter automatically be renewed annually for each suttee ing fiscal year, provided that such renewal shall not have the effect of extending the period in which the local government may make any payment due H -GAC beyond the fiscal year in which such obligation was incurred under this Agreement. H -GAC or the local government may cancel this Agreement at any time upon 30 days written notice to the other party to this Agreement. The obligations of the local government, including its obligation to pay H -GAC for all costs incurred under this Agreement prior to such notice shall survive such cancellation, as well as any other obligation incurred under this Agreement, until performed or discharged by the local government. ARTICLE 5 SCOPE OF SERVICES\ 1 , The local government appoints H -GAC its true and lawful purchasing agent for the purchase of ce'r'tain materials and services through the Council's Cooperative Purchasing Program, as enumerated through the submission of a duly executed purchase order, order form or resolution. All material purchased hereunder shall be in accordance with specifications established by H -GAC. (over) 6/21/90--692J