1995-223AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO
EXECUTE A PURCHASE ORDER WITH HOUSTON-GALVESTON AREA COUNCIL OF
GOVERNMENT FOR PURCHASE OF VARIOUS GOODS AND SERVICES BY WAY OF AN
INTERLOCAL AGREEMENT WITH THE CITY OF DENTON; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Manager is authorized to execute
a purchase order between the City of Denton and Houston-Galveston
Area Council of Government for purchase of a four wheel mechanical
street sweeper, under the terms and conditions, contained in said
purchase order, which is attached hereto and made a part hereof.
SECTION II. That the City Council hereby authorizes the
expenditure of funds in the manner and amount as specified in the
purchase order.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the/' day of~L~4_(~f~.g.~.~ ,
1995.
/
BOB CASTLEBERRRY,~YOR-~
ATTEST: /
JENNIFER WALTERS, CITY SECRETARY
AP~OVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
DATE: NOVEMBER 7, 1995
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: PURCHASE ORDER #60424 TO HOUSTON-GALVESTON AREA COUNCIL
OF GOVERNMENTS (H-GAC) IN THE AMOUNT OF $120,129.10
RECOMMENDATION: We recommend Purchase Order #60424 to H-GAC be approved
in the amount of $120,129.10.
S~RY: Purchase Order #60424 to H-GAC is for the purchase of a four wheel
mechanical street sweeper as approved in the budget process.
We currently have in place an interlocal agreement with H-GAC previously approved
by Council (Ordinance #95-107). By approving this purchase order Council would
be authorizing H-GAC to be our bidding agency for the listed equipment and
authorizing H-GAC to order the specified equipment from their annual contract.
Houston-Gaiveston Area Council of Governments is recognized by the State of Texas
and authorized to provide cooperative purchasing services. H-GAC has complied
with all procurement and competitive bidding laws.
The City of Denton receives the advantage of H-GAC's annual contract for multiple
units providing cost savings to the City.
BACKGROUND: Purchase Order #60424, Interlocal Contract/Agreement for
Cooperative Purchasing.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Street Maintenance, Fleet
Services.
FISCAL IMPACT: Funds for this purchase have been approved in the budget
process as a Motor Pool Fleet Addition. $145,000.00 was budgeted in account #720-
025-0584-9104.
~c~~S~/]y a~~:
Approved :.
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
649.AGENPA
-~ LNTERLOCAL CONTRACT/AGREEMENT ILA
FOR COOPERATIVE PURCHASING No.:
Houston-Galveston Area Council I'~nmae~ N~'~ usi~ ~y H-C,A¢
THIS INTERLOCAL 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.
'1'HE CiTY OF DENTON , hereinafter referred to as the "local
government" having its principal place of business at 215 E. PICKIHNEY, DEtlTON, TEXAS 76201
WITNESSETH
W~rIEREAS, 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 6 day of caZI~lg ,
19 95 ;and
WHE~S, 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 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 thi~ contract in accordance with all applicable roles,
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
hereto, 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 $~P'i~.'2B?.R 30 ,
19 54 and ends OCTOBgR I ,19 95 . This contract shall thereafter automatically be renewed annually for each
succeeding fiseal 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 execut~l 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/Veedor 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 requffed 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 tcaminate 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: SEVERABILrrY
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, ftre, 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 pexformance 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 ~/tovernment HOUSTON-GALVESTON AREA COUNCIL
"~ ~t ' ~ ' ~ 3555 Timmous Lane, Suite 500, Houston, TX 77027
·
Maaling Address
Jack Steele, Executive Director
City State ZIP Code
/~ ~,~~~ Date:
Bob Casrieberr7 ,
Typed Name & T~tle of Signatory / Date
Date:
NOTE: Facsimile copies of this document are not acceptable as ORIGINALS. Printed 2/95: 2K