1995-107 ORDINANCE NO. q~_.~'-I I~P'~
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 ~3~ day of ~{3~ , 1995.
BOB CASTLEBERRY, MAWR ~
/
ATTEST
:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
MIKE A. BUCEK, ACTING CITY ATTORNEY
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.
Lloyd V. Harrell /
City Manager (
Approved:
Name: Tom~D. Shaw, C.P.M.
Title: Purchasing Agent
604 .AGENDA
INTERLOCAL CONTRACT/AGREEMENT ILA
FOR COOPERATIVE PURCHASING No.:
Houston-Galveston Area Council ~rman~t Number us~gned by H-GAC
THIS INTER. LOCAL CONTRACT ("Agreement"), made and entered into pursuant to the Texas Intergovernmental Cooperation
Act [Government Code, Title 7, Chapters 741 & 791] 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 contract/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 adeqnate legal authority to enter into this contract. The local
government's govexning body hag authorized its signatory official(s) to enter into thin contract and to bind the local government
to the IL:q-ms of thin con,tact and any subsequent amendments hereto.
ARTICLE 2: APPLICABLE LAWS
H-GAC and the lac. al 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 thi~ cougract.
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, thin 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 autowatically 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 recurred 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. Ail 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 Contracwr/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, promptiy 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 ~erms of this contract, including penalties, less payment of any compensation previously paid.
ARTICLE 9: SEVERABILITY
Ail 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, f~re, 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:
· /
Name of Local Go~t~rnment HOUSTON-GALVESTON AREA COUNCIL
Mailing Address
By: ~ Date:
Signature of cluef elected official / ~ Attest: Deidre Vick, Public Service~ Dept. Manager
Typed Name & T~de of Signatory / Date
Date:
NOTE: Facsimile copies o[ this document are not acceptable as ORIGINALS. Pnnted 2/95: 2K