R-2457-11-05RESOLUTION NO. 2457-11-05(R)
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, APPROVING THE TERMS AND CONDITIONS OF THE
ATTACHED INTERLOCAL COOPERATION AGREEMENT BY THE CITY OF
ALLEN WITH THE CITY OF CLEBURNE FOR THE PURCHASE OF VARIOUS
COMMODITIES; AUTHORIZING EXECUTION OF THE INTERLOCAL
AGREEMENTS BY THE CITY MANAGER; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Chapter 791 of the Texas Government Code, as amended, provides authorization for units of
local government to enter into the hrterlocal Cooperation Agreement attached hereto, to perform
governmental functions and services; and,
WHEREAS, the City of Allen and the City of Cleburne desires to cooperate on select governmental purchase
s in order to enjoy greater economy of scale and thereby reduced prices for certain commodities and services
used by both governmental entities, under the following guidelines:
a. the City of Allen and the City of Cleburne will engage in the purchase of items and services that are
used by both entities an as jointly agreed upon by the purchasing officer of both entities; and,
b. As a general rule, the governmental entity that uses the most of a particular commodity or service will
be the lead agency in making a joint purchase; and,
c. Each entity will be responsible for payment of its portion of the proportionate purchase costs directly
to the vendor.
' WHEREAS, the period of this Interlocal Agreement will be for the balance of the fiscal year and will
therefore be automatically renewed annually for each succeeding fiscal year of the City; and,
WHEREAS, if approved, the recent bid for Police Motorcycles by the City of Allen will be utilized.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The terms and conditions of the attached Interlocal Agreement, having been reviewed by the
City Council of the City of Allen, Texas, and are hereby in all things approved.
SECTION 2. The City Manager is hereby authorized to execute the attached Agreement and all other
documents in connection therewith on behalf of the City of Allen, Texas.
SECTION 3. This Resolution shall become effective from and after its passage.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 8ra DAY OF NOVEMBER, 2005.
APPRO D:
ATTEST: Stephen Terrell, MAYOR
Shelley B. Geo RMC, CITY t&CRETARY
STATE OF TEXAS §
COUNTY OF JOHNSON §
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 City of Allen, hereinafter referred to as "ALLEN', and the City of Cleburne,
hereinafter referred to as "CLEBURNE", both being governmental subdivisions of the
State of Texas.
WITNESSETH:
WHEREAS, ALLEN and CLEBURNE 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, ALLEN and CLEBURNE hereby agree to cooperate with each other
in such purchases to the mutual benefit of all parties hereto; and
NOW, THEREFORE, ALLEN and CLEBURNE, do hereby agree as follows:
ARTICLE
LEGAL AUTHORITY
ALLEN and CLEBURNE 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
ALLEN and CLEBURNE agree to conduct all activities under this Agreement in
accordance with all applicable Federal, State and/or local laws, ordinances, mles,
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 the fiscal year of CLEBURNE,
which began on October 1, 2005, and ends on September 30, 2006. This Agreement will
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automatically renew each succeeding fiscal year of CLEBURNE, until ALLEN and/or
CLEBURNE terminate the agreement.
ARTICLE V
SCOPE OF SERVICES
ALLEN and CLEBURNE 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 staking 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, 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
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 VD
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 VIH
TERMINATION PROCEDURES
Either ALLEN or CLEBURNE 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. In 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
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 MANURE
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 Johnson County, Texas.
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CITY OF CLEBURNE:
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Kim Galvin
Contact Person
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Contact Telephone Number
CITY OF ALLEN:
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