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HomeMy WebLinkAboutRES 14-087RESOLUTION NO.14-087 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an Interlocal Agreement between the City of Beaumont and Fort Bend County to facilitate assistance in purchasing certain government administrative functions, goods or services. The Interlocal Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 22nd day of April, 2014. - Mavor BecWAmes - THE STATE OF TEXAS COUNTY OF FORT BEND INTERLOCAL AGREEMENT BETWEEN FORT BEND COUNTYAND THE CITY OF BEAUMONT This Agreement is made and entered into pursuant to the Interlocal Cooperation Act, Chapter 791 of the Tans Govl Mmj-,N'r CODs by and between FORT BEND COUNTY, TEXAS, a body corporate and politic under the laws of the State of Texas, acting by and through its Commissioners Court and the CITY OF BEAUMONT TEXAS, a body corporate and politic under the laws of the State of Texas. WHEREAS, CITY OF BEAUMONT, TEXAS desires FORT BEND COUNTY'S assistance in purchasing certain governmental administrative functions, goods or services; and, WHEREAS, the governing bodies of FORT BEND COUNTY and CITY OF BEAUMONT, TEXAS have duly authorized this agreement; and WHERAS, the parties find that this Agreement serves a public purpose. NOW, THEREFORE, in consideration of the foregoing and further consideration of the mutual promises, covenants and conditions herein, FORT BEND COUNTY and CITY OF BEAUMONT, TEXAS hereby agree as follows: ARTICLE I. PURCHASE OF CERTAIN MATERIALS AND SERVICES 1.01 CITY OF BEAUMONT appoints FORT BEND COUNTY its true and lawful purchasing agent for the purchase of certain materials and services through FORT BEND COUNTY'S purchasing program, as enumerated through the submission to FORT BEND COUNTY'S purchasing agent through a duly executed purchase order, order form or resolution. This Agreement shall apply only to those materials and services which FORT BEND COUNTY desires to purchase for its own needs and for which CITY OF BEAUMONT desires to purchase the same or similar materials and services under the same terms and conditions as would apply to FORT BEND COUNTY'S own purchases, and provided that the contracted vendor agrees to purchases in CITY OF BEAUMONT under the contract between the vendor and FORT BEND COUNTY. All materials and services purchased under the vendor and conditions hereunder shall be in accordance with specifications established by FORT BEND COUNTY. 1.02 The materials and services shall be procured in accordance with Texas State Law and procedures established by FORT BEND COUNTY and the costs for materials and services purchased by CITY OF BEAUMONT pursuant to this Agreement shall be the prices as reflected by contract executed by FORT BEND COUNTY. ARTICLE I1. TERMS AND CONDITIONS OF PURCHASE 2.01 In addition to the other terms and conditions contained in this Agreement, the amounts and kinds of goods and services will be purchased in accordance with the terms and conditions and in the quantities set forth in the contract used by CITY OF BEAUMONT_ FORT BEND COUNTY shall be responsible for and shall incur all cost for the preparation of specifications, public advertisement and such other administrative duties as may be necessary to facilitate the materials and services hereunder. FORT BEND COUNTY shall also be responsible for receiving, opening and awarding contracts. Upon request, specifications, tabulations and all other documents relating EXHIBIT "A" thereto that pertain to the procurement of items in accordance with the terms of this Agreement shall be made available to CITY OF BEAUMONT at all reasonable times for inspection. 2.02 FORT BEND COUNTY agrees that it shall award contracts, for items which it had previously designated for purchase, in accordance with applicable Texas State Law. 2.03 Nothing herein shall obligate CITY OF BEAUMONT to purchase any materials or services from FORT BEND COUNTY nor shall FORT BEND COUNTY be obligated to include CITY OF BEAUMONT in any procurement effort. 2.04 CITY OF BEAUMONT shall not be obligated to compensate FORT BEND COUNTY for any of the costs or expenses of its procurement procedure. ARTICLE 111. RESPONSIBILITY CITY OF BEAUMONT and FORT BEND COUNTY agree that the ordering of supplies, services and materials purchased pursuant to this Agreement shall be their individual responsibility and that any dispute arising between contracted vendor and CITY OF BEAUMONT shall be handled between CITY OF BEAUMONT and the contracted vendor. Contracted vendors shall bill CITY OF BEAUMONT directly for the materials or services ordered by it. ARTICLE IV. LIABILITY Both parties shall be responsible to the contracted vendor only for supplies, services or materials ordered by and received by it, and shall not by the execution of this Agreement assume any liability or waiver any rights under the applicable contract or as provided by law. ARTICLE V. PRICE AND PAYMENT OF GOODS AND SERVICES 5.01 The goods and services will be purchased for the price stated in the contract received and awarded by FORT BEND COUNTY to vendor. CITY OF BEAUMONT agrees to pay vendor directly for all goods and services delivered, requested or picked up by CITY OF BEAUMONT in accordance with the price specified in FORT BEND COUNTY'S contract with the vendor. CITY OF BEAUMONT agrees to pay in accordance with Chapter 2251, TEXAS GOWRNMENT CODE. 5.02 Ownership (title) of material purchased by CITY OF BEAUMONT shall transfer directly from the contracted vendor to CITY OF BEAUMONT. 5.03 All payments for purchases of goods and services by CITY OF BEAUMONT shall be made from revenue then currently available to it. ARTICLE VI. APPLICABLE LAWS CITY OF BEAUMONT and FORT BEND COUNTY 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 VII. WHOLE AGREEMENT This Interlocal Agreement, as provided herein, constitutes 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 to the parties. ARTICLE VIII. DURATION 8.01 The period of this Interlocal Agreement shall commence upon approval of both entities, and shall automatically renew. 8.02 CITY OF BEAUMONT or FORT BEND COUNTY may cancel this Agreement at any time upon thirty (30) days written notice to the other party to this Agreement. The obligations of CITY OF BEAUMONT, to pay contracted vendor for all good and services purchased pursuant to this Agreement, if any, prior to such notice shall survive such cancellations, as well as any other obligation incurred under this applicable purchase contracts, until performed or discharged by CITY OF BEAUMONT. ARTICLE IX, CHANGES AND AMENDMENTS 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 thereto, and shall become effective on the date designated by such law or regulation. ARTICLE X. NOTIFICATION Unless otherwise provided herein, any notice, tender or delivery to be given hereunder by either party to the other may be effected by personal delivery in writing or by registered or certified mail, postage prepaid, return receipt requested. Mailed notices shall be addressed as set forth below, but each party may change its address by written notice in accordance with this section. To FORT BEND COUNTY: Attn: Gilbert Jalomo, Purchasing Agent 4520 Reading Road Rosenberg, Texas 77471 To CITY OF BEAUMONT: ATTN: Kyle Hayes, City Manager 801 Main St. Ste 300 Beaumont, TX 77701 Any such notice shall be effective upon receipt if delivered in person or upon actual deposit in an official receptacle of the United States Postal Service if mailed as aforesaid. ARTICLE XI SEVERABILITY Both parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not effect any other teen of this agreement, which shall continue in force and effect. ARTICLE XII FORCE MAJEURE To the extent that either party to this agreement shall be wholly or partially prevented from the performance within the time specified of any obligation or duty placed on such party by reason of 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 disability to perform is removed. ARTICLE XIII. EXECUTION This instrument, in duplicate originals, has been executed by the parties hereto as follows. This agreement shall not be effective until executed by all parties. FORT REND COUNTY, TEXAS By: _ Robert E. Hebert, County Judge ATTEST: Date: Dianne Wilson, County Clerk Approved: FORT BEND COUNTY PURCHASING AGENT Bv: Gilbert D. Jalomo, Jr., CPPB Date: CITY OF BEA.UMONT , TEXAS By: _ Kyle Hayes, City Manager ATTEST: Date: UMTR/Agm(-n nts/Parnhusing/:?D1403.24.13 THE STATE OF TEXAS COUNTY OF FORT BEND INTERLOCAL AGREEMENT BETWEEN FORT BEND COUNTYAND THE CITY OF BEAUMONT This Agreement is made and entered into pursuant to the Interlocal Cooperation Act, Chapter 791 of the TEx,%s Govi RNMt N't' CoDl; by and between FORT BEND COUNTY, TEXAS, a body corporate and politic under the laws of the State of Texas, acting by and through its Commissioners Court and the CITY OF BEAUMONT TEXAS, a body corporate and politic under the Iaws of the State of Texas. WHEREAS, CITY OF BEAUMONT, TEXAS desires FORT BEND COUNTY'S assistance in purchasing certain governmental administrative functions; goods or services; and, WHEREAS, the governing bodies of FORT BEND COUNTY and CITY OF BEAUMONT, TEXAS have duly authorized this agreement; and WHERAS, the parties find that this Agreement serves a public purpose NOW, THEREFORE, in consideration of the foregoing and further consideration of the mutual promises, covenants and conditions herein, FORT BEND COUNTY and CITY OF BEAUMONT, TEXAS hereby agree as follows; ARTICLE I. PURCHASE OF CERTAIN MATERIALS AND SERVICES 1.01 CITY OF BEAUMONT appoints FORT BEND COUNTY its true and lawful purchasing agent for the purchase of certain materials and services through FORT BEND COUNTY'S purchasing program, as enumerated through the submission to FORT BEND COUNTY'S purchasing agent through a duly executed purchase order, order form or resolution. This Agreement shall apply only to those materials and services which FORT BEND COUNTY desires to purchase for its own needs and for which CITY OF BEAUMONT desires to purchase the same or similar materials and services under the same terms and conditions as would apply to FORT BEND COUNTY'S own purchases, and provided that the contracted vendor agrees to purchases in CITY OF BEAUMONT under the contract between the vendor and FORT BEND COUNTY. All materials and services purchased under the vendor and conditions hereunder shall be in accordance with specifications established by FORT BEND COUNTY. 1.02 The materials and services shall be procured in accordance with Texas State Law and procedures established by FORT BEND COUNTY and the costs for materials and services purchased by CITY OF BEAUMONT pursuant to this Agreement shall be the prices as reflected by contract executed by FORT BEND COUNTY. ARTICLE I1 TERMS AND CONDITIONS OF PURCHASE 2.01 In addition to the other terms and conditions contained in this Agreement, the amounts and kinds of goods and services will be purchased in accordance with the terms and conditions and in the quantities set forth in the contract used by CITY OF BEAUMONT_ FORT BEND COUNTY shall be responsible for and shall incur all cost for the preparation of specifications, public advertisement and such other administrative duties as may be necessary to facilitate the materials and services hereunder. FORT BEND COUNTY shall also be responsible for receiving, opening and awarding contracts. Upon request, specifications, tabulations and all other documents relating EXHIBIT "A" thereto that pertain to the procurement of items in accordance with the terms of this Agreement shall be made available to CITY OF BEAUN40NT at all reasonable times for inspection. 2.02 FORT BEND COUNTY agrees that it shall award contracts, for items which it hid previowsly designated for purchase, in accordance with applicable Texas State Law. 2_03 Nothing herein shall obligate CITY OF BEAUMONT to purchase any materials or services from FORT BEND COUNTY nor shall FORT BEND COUNTY be obligated to include CITY OF BEAUMONT in any procurement effort. 2.04 CITY OF BEAUMONT shall not be obligated to compensate FORT BEND COUNTY for any of the costs or expenses of its procurement procedure. ARTICLE 111, RESPONSIBILITY CITY OF BEAUMONT and FORT BEND COUNTY agree that the ordering of supplies, services and materials purchased pursuant to this Agreement shall be their individual responsibility and that any dispute arising between contracted vendor and CITY OF BEAUMONT shall be handled between CITY OF BEAUMONT and the contracted vendor. Contracted vendors shall bill CITY OF BEAUMONT directly for the materials or services ordered by it. ARTICLE IV. LIABILITY Both parties shall be responsible to the contracted vendor only for supplies, services or materials ordered by and received by it, and shall not by the execution of this Agreement assume any liability or waiver any rights under the applicable contract or as provided by law. ARTICLE V. PRICE AND PAYMENT OF GOODS AND SERVICES 5.01 The goods and services will be purchased for the price stated in the contract received and awarded by FORT BEND COUNTY to vendor. CITY OF BEAUMONT agrees to pay vendor directly for all goods acid sen-ices delivered, requested or picked up by CITY OF BEAUMONT in accordance with the price specified in FORT BEND COUNTY'S contract with the vendor. CITY OF BEAUMONT agrees to pay in accordance with Chapter 2251, TExAs GOVFRNONT CODE. 5.02 Ownership (tittle) of material purchased by CITY OF BEAUMONT shall transfer directly from the contracted vendor to CITY OF BEAUMONT. 5.03 All payments for purchases of goods and services by CITY OF BEAUMONT shall be made from revenue then currently available to it. ARTICLE V1. APPLICABLE LAWS CITY OF BEAUMONT and FORT BEND COUNTY agree to conduct all activities under this Agreement in accordance with all applicable rules, regulations, ordinances and lau-s in effect or promulgated during the term of this Agreement. ARTICLE VII. WHOLE AGREEMENT This Interlocal Agreement, as provided herein, constitutes 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 to the pasties. ARTICLE V III. DURATION 8,01 The period of this Interlocal Agreement shall commence upon approval of both entities, and shall automatically renew. 8.02 CITY OF BEAUMONT or FORT BEND COUNTY may cancel this Agreement at any time upon thirty (30) days written notice to the other party to this Agreement. The obligations of CITY OF BEAUMONT, to pay contracted vendor for all good and senfices purchased pursuant to this Agreement, if any, prior to such notice shall survive such cancellations, as well as any other obligation incurred under this applicable purchase contracts, until performed or discharged by CITY OF BEAUMONT. ARTICLE IX, CHANGES AND AMENDMENTS 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 thereto, and shall become effective on the date designated by such law or regulation. ARTICLE X. NOTIFICATION Unless otherwise provided herein, any notice, tender or delivery to be given hereunder by either party to the other may be effected by personal delivery in writing or by registered or certified mail, postage prepaid, return receipt requested. Mailed notices shall be addressed as set forth below, but each party may change its address by written notice in accordance iA4th this section. To FORT BEND COUNTY: Attn: Gilbert Jalomo, Purchasing Agent 4520 Reading Road Rosenberg, Texas 77471 To CITY OF BEAUMONT: ATTN: Kyle Hayes , City Manager 801 Main St. Ste 300 Beaumont, TX 77701 Any such notice shall be effective upon receipt if delivered in person or upon actual deposit in an official receptacle of the United States Postal Service if mailed as aforesaid. ARTICLE XI SEVERABILITY Both parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not effect any other teen of this agreement, which shall continue in force and effect. ARTICLE X1I FORCE MAJEURE To the extent that either party to this agreement shall be wholly or partially prevented from the performance within the time specified of any obligation or duty placed on such party by reason of strikes, stoppage of labor, not, 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 disability to perform is removed. ARTICLE XIII. EXECUTION This instrumen4nduplicate originals, has been executed by the parties hereto as follows. Thisagreement shalf be effective until executed by all parties. T TEXAS By: 1,41A MFY VyL4/AA/ bert E. Hebert— , County Judge Date:t (t Approv a Date CITY OF BEAUMONT , TEXAS I �.._- By: —Hay—es, _ Kyle Hayes , City Manager Date: Uh;Cf2/Agn m(s/Porohasing;201403.24.13 Dianne Wilson, County Clerk 'G AGENT aL-s—Ta'1LrMc)ra4.d—.