The URL can be used to link to this page

Home My WebLink AboutRES 1993-009 "�"` RESOLUTION NO. 93-09 � A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AUTHORIZING THE CITY TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE HOUSTON- GALVESTON AREA COUNCIL FOR THE PURCHASE OF AN AMBULANCE FORTHE FIRE DEPARTMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Fire Chief and City Administration for the City of Grapevine have reviewed and analyzed the City's need for a new ambulance; and WHEREAS, the City of Grapevine,Texas, pursuant to the Interlocal Cooperation Act [Article 4413(32c) V.T.C.S.] desires to participate in an Interlocal Agreement with the Houston-Galveston Area Council for the purchase a fire truck; and WHEREAS, the City of Grapevine, Texas is of the opinion that participation in the Interlocal Agreement will be highly beneficial to the taxpayers of this City through ''�"' the anticipated savings to be realized. � NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1 . That all matters stated in the preamble are found to be true and correct and are incorporated into the body of this resolution as if copied in their entirety. Section 2. That the City Manager is hereby authorized to enter into an Interlocal Agreement for Cooperative Purchasing, said agreement attached hereto and made a part hereof as Exhibit "A", with the Houston-Galveston Area Council for the purchase of an ambulance. Section 3. That this resolution shall take effect from and after its date of passage. � � ,�..:., PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 16th day of February , 1993. � APPROVEDt ��. William D. Tate Mayor ATTESTE � Lind Huff I City Secretary APPROVED AS TO FORM: �. �---��__�� --�- � � John F. Boyle, Jr. City Attorney �.," � �;.,, INTERLOCAL AGREEMENT I L A ' Houston�Galveston Area Council FOR COOPERATIVE PURCHASING NUIIZBER 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 Timmons Lane, Suite 500, Houston, Texas 77027 and City of Grapevine , hereinafter referred to as the local government having its principal place of business at 41 � S_ Mai n� Grapevine, TX 76051 WITNESSETH WHEREAS, H-GAC is a regional planning commission created under Acts of the 59th Legislature, Regular Session, 1965, recodified as Chapter 391, Texas Local Govemment Code; and WHEREAS, H-GAC has entered into an agreement with the local govemment on the 16th day of February, 19 93 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 the Agreement; and NO�1V, THEREFORE, H-GAC and the local govemment do hereby agree as follows: ARTICLE 1: LEGAL AUTHORITY The local govemment wanants and assures H-GAC that it possesses adequate legal authority to enter into this Agreement. The local government's governing body has authorized the sigc►atory official(s) to enter into this Agreement and binds 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 AGREEMENT 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 Interlocal Agreement shall be for balance of the fiscal year of the local government which began 10-1-9 2 , 19 and ends 9-3 0-9 3 , 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 ye:ir 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 incuned 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 xhrough the H-GAC Cooperative Purchasing Program, as enumerated through the submission of a duly executed purchase order, order form or resolution. All material purchasecl hereunder shall be in accordance with specifications established by H-GAC. �.,,,� (Continued on reverse side) ARTICLE 5: SCOPE OF SERVICES (continued) —' The materials and services shall be procured in accordance with procedures goveming competitive bids and competitive propo�al� by H-GAC, and at the unit prices and administrative fees as indicated in the cunent H-GAC Order Forms and Price Lists. Ownership (title)of material purchased shall transfer directly from the vendor to the local government. T6e local government ��agrees to provide H-GAC with documentation of receipt and acceptance of material within five (5) days of acceptance of same. ARTTCLE 6: PAYMENTS `The local govemment agrees that, upon the presentation by H-GAC of a properly documented, verified proof of 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 AMENDMENTS Any alternations, 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 designated by such law or regulation. H-GAC reserves the right to make changes in the scope of the services offered through the H-GAC Cooperative Purchasing Program to be performed hereunder. ARTICLE S: TERMINATION PROCEDURES Either H-GAC or the local government may cancel or ternunate 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. �RTiCLE 9: SEVERABiLITY �. , 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 10: FORCE MA.TEURE 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,judgment, act of God,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 11: VENLTE 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: City of Grapevine HOUSTON-GALVESTON AREA COUNCIL Name of Local Government 413 S. Main S treet By: Date: Mailing Address S. Deidre Schueler,Public Sarvices Mgr. Grapevine, TX 76051 City State Z(P By: 2 . By: Date: ]ack Steele, Executive Director Trent Pett� ity Manager 2/16/93 Typed Name&Title of Signatory Date Printed 5/92