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HomeMy WebLinkAboutResolution No. 90-08 CITY OF THE GOLONY, TEXAS I~ESOLUTION NO. ~-~ AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY AND THE HOUSTON-GALVESTON AREA COUNCIL (H-GAC) ALLOWING THE CITY TO PURCHASE CERTAIN GOVERNMENTAL ADMINISTRATIVE FUNCTIONS, GOODS OR SERVICES; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the City Manager of the City of The Colony, Texas is hereby authorized and empowered to execute an Interlocal Agreement with H-GAC allowing the City to purchase certain governmental administrative functions, goods or services. Section 2. That a true and correct copy of the Interlocal Agreement is attached hereto and incorporated herein. Section 3. That this resolution shall take effect immediately from and after its passage. PASSED AND APPRO~.~by the C.i~ty~f the City of The Colony, Texas this J~ day of~f-~~ , 1990. Don Amick, Mayor ATTEST: Patti A. Hicks, City Secretary HOUSTON-GALVESTON AREA COUNCIL INTERLOCAL AGR£E)(ENT 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 Ttn~ons Lane, Suite 500, Houston, Texas 77027 and 7'1-1~ ~17-V, 0/: -/"14~ ~Z~/Vy, -r'~F.X~Y~.S , hereinafter referred to as the lOCal government having its principal place of buslness WITNESSETH: WHEREAS, H-GAC is a regional planning con~ission created under Acts of the ~th 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 /~-~4day of ~Y~YAT~y , 1990 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 AGREE)4ENT 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 lnterlocal Agreement shall be for the (balance of) fiscal year of the local overnment which begins 0(~7'~/~ ! , 19~and ends~C~'. ~0 , 19~ This contract shall hereafter automatically be renewed annual yT~-for each SUCCeeding 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. 1/12/90--385F 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 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 properly documented, verified proof o'f 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 /~$ENDHENTS 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 desi hated such law or regulation, g by 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 T~MINATION PROCEDURES .Either H-G/kC 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 SEVERA8 ILITY 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 l0 FORCE MAJEU~F 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 ~od, 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 shall be suspended until such disability to perform is removed. Determination of force majeure shall rest solely with H-GAC. ARTICLE ll 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: ~ Local Government / kanager ot Cooperat, lve Purchasing official D^T ~ BY Date ~]ack Steel e