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Home My WebLink About1995-107ORDINANCE NO. J --( D 7 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE HOUSTON-GALVESTON AREA COUNCIL TO AUTHORIZE PARTICIPATION IN VARIOUS HOUSTON-GALVESTON AREA COUNCIL CONTRACTS FOR THE PURCHASE OF VARIOUS GOODS AND SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Mayor is hereby authorized to execute an agreement with the Houston -Galveston Area Council, a copy of which is attached hereto and incorporated by reference herein. SECTION II. That the City is authorized to expend funds pursuant to this agreement for the purchase of radio communication equipment. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the (CON day of 1995. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: MIKE A. BUCEK, ACTING CITY ATTORNEY BY: �_ DATE: JUNE 6, 1995 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: INTERLOCAL AGREEMENT BETWEEN HOUSTON-GALVESTON AREA COUNCIL AND THE CITY OF DENTON RECOMMENDATION: We recommend the attached Interlocal Agreement between Houston -Galveston Area Council (H-GAC) and the City of Denton be approved as well as an approximate $24,000.00 expenditure for radio communication equipment. SUMMARY: This proposed contract is intended to allow the H-GAC to serve as the purchasing authority for the City of Denton for specified items. The H-GAC purchasing procedures meet or exceed the requirements of the State of Texas and the City of Denton. The cooperative purchasing agreement allows the City to take advantage of volume discounts offered by suppliers for high dollar, normally one time purchase items. At this time we are intending to purchase a transmitter and controller manufactured by Motorola Communications. This equipment will permit the expansion of our 800 mhz Radio Communication System. Currently our system does not allow for the expansion to fully utilize an additional frequency assigned to the City of Denton. Failure to utilize the frequency will lead to forfeiture of the frequency. BACKGROUND: Interlocal Contract/Agreement for Cooperative Purchasing. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Communications Division, Utility Department. FISCAL IMPACT: Funds for this acquisition will come from 1994/95 budget funds Account #610-106-1061-4171-9110 Fixed Assets Radio Communications. 11 a Lwy u ♦ . •... City Manager Approved: Name: To Shaw, Shaw, C.P.M. Title: Purchasing Agent 604.AGENDA submitted: INTERLOCALL CONTRACT/AGREEMENT ILA FOR COOPERATIVE PURCHASING No.: Houston -Galveston Area Council Pmmenem N®be uugwd by H-GAC THIS INTERLOCAL CONTRACT ("Agreement"), made and entered into pursuant to the Texas Intergovernmental Cooperation Act (Government Code, Title 7, Chapters 741 & 7911 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 hereinafter referred to as the "local government" having its principal place of business at WITNESSETH WHEREAS, H-GAC is a regional planning commission created under Acts of the 59th Legislature, Regular Session, 1965, recodified as Texas Local Government Code, Chapter 391; and WHEREAS, H-GAC has entered into this contract with the local government on the day of 19 ; and WHEREAS, the local government registers its desire 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 this contractlagreement; 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 contract. The local government's governing body has authorized its signatory official(s) to enter into this contract and to bind the local government to the terms of this contract and any subsequent amendments hereto. ARTICLE 2: APPLICABLE LAWS H-GAC and the local government agree to conduct all activities under this contract in accordance with all applicable rules, regulations, ordinances and laws in effect or promulgated during the term of this contract. ARTICLE 3: WHOLE AGREEMENT The Interlocal Contract and any attachments, as provided herein, constitute the complete contract between the parties hereto, and supersede any and all oral and written agreements between the parties relating to matters herein. Except as otherwise provided herein, this contract cannot be modified without written consent of the parties. ARTICLE 4: PERFORMANCE PERIOD The period of this contract shall be for the balance of the fiscal year of the local government which began 19 and ends , 19 . This contract shall thereafter automatically be renewed annually 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 contract. H-GAC or the local government may cancel this contract at any time upon 30 days written notice to the other party to this contract. The obligations of the local government, including its obligation to pay H-GAC for all costs incurred under this contract prior to such notice shall survive such cancellation, as well as any other obligation incurred under this contract, 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 products and services through the H-GAC Cooperative Purchasing Program, as enumerated through submission of any duly executed purchase order, order form or resolution. All products purchased hereunder shall be in accordance with specifications established by H-GAC. All products and services shall be procured by H-GAC in accordance with procedures governing competitive bids and competitive proposals, and at prices and administrative fees listed in current Contractor/Vendor Price Lists and H-GAC Forms. (Continued on reverse side) ARTICLE 5: SCOPE OF SERVICES (continued) Ownership (title) of products purchased shall transfer directly from the contractor/vendor to the local government. The local government agrees to provide H-GAC with documentation of receipt and acceptance of products and services within five (5) days of acceptance of same. ARTICLE 6: PAYMENTS In accordance with the terms of this contract, the local government agrees that, upon presentation by H-GAC of a properly documented, verified proof of performance and a statement of costs H-GAC has incurred, it shall upon delivery and acceptance of products and services, promptly pay H-GAC, from current revenues available to the local government during the current fiscal year. ARTICLE 7: CHANGES AND AMENDMENTS Any alternations, additions, or deletions to the terms of this contract which are required by changes in Federal and State law or regulations are automatically incorporated into this contract without written amendment hereto, and shall become effective on the date designated by such law or regulation. H-GAC reserves the right to make changes in the scope of services and products 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 contract 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 contract, including penalties, less payment of any compensation previously paid. ARTICLE 9: SEVERABILITY All parties agree that should any provision of this contract be determined to be invalid or unenforceable, such determination shall not effect any other term of this contract, which shall continue in full force and effect. ARTICLE 10: FORCE MAJEURE To the extent that either party to this contract 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, judgment, act of God, or specific cause reasonably beyond the party's 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 11: VENUE Venue and jurisdiction of any suit, or cause of action arising under, or in connection with, this contract shall lie exclusively in Harris County, Texas. THIS INSTRUMENT, IN TWO (2) ORIGINALS, HAS BEEN EXECUTED BY THE PARTIES HERETO AS FOLLOWS: �, / , j,i 40 7[ 1)6-Alk Name of Local GoV6rmnent HOUSTON-GALVESTON AREA COUNCIL Z/6- CM (! 1, C,1' &/,4 g y Mailing Address • DC City State ZIP Code By: Signature of chief elected official Typed Name & Title of Signatory Date 3555 Timmons Lane, Suite 500, Houston, TX 77027 Attest: Jack Steele, Executive Director Date: Deidre Vick, Public Services Dept. Manager Date: NOTE: Facsimile copies of this document are not acceptable as ORIGINALS. Printed 2t95: 2K