~! ORDER ND. E1559
AF'F'ROVRL OF INTER-LOCAL AGREEMENT WITH HOUSTON-
GALVESTON RRER COUNCIL OF GOVERNMENTS AND RUTHORIZRTION
OF THE COUNTY JUDGES' SIGNATURE
On this the 10th day of August 1993, upon motion made by
Commissioner Holekamp, seconded by Commissioner Oehler, the
Co~_ir^t unanimously approved by a vote of 4-0-0, to appr-ove the
Inter--Local Rgreement with Ho~_rston-Galvestion Area Co~_incil of
Cover^nments and a~_ithorizatiorr of the County Judge's signature
on said document.
INTERLDCAL AGREEMENT
FOR CODPERRTIVE F'URCHRSING
THIS INTERLDCAL AGREEMENT tRgr^eement), made anti entered into
p~_irsuant to the Inter^local Cooperation Act [Article
,~~, 4413t32c>V.T.C.S.7 by and between the Houston-Galvestion Area
Co~_incil, hereinafter r^efer^red to as H-CAC, having its
pr-incipal place of b~_isiness at X555 Timmons Lane, Suite 500,
Ho~_iston, Texas 770'27 and Kerr Co~_mty, herein after^ referr^ed to
as the local government having its principal place of
business at 700 Main, Ker^r^ville, Texas 78028.
WITNESSETH
WHEREAS, H-GRC is a regional planning commission created
~_mder Rcts of the 59th Legislat~_ire, Regular Session, 1965,
7^e codified as Chapter 391, Texas Local Government Code; and
WHERERS, H-CAC has entered into an agreement with the local
government on the 10th day of August, 1993, and
WHERERS, the local yovernmerit registers its desir^e to
p~_ir^chase certain governmental administrative functions,
goods, or^ ser^vices; and
'SIHERERS, H-CAC hereby agrees to per^For;n the ;;cope of ~ervxces
o~_~tlined in Rrticle 5 as her^einafter specified in accordance
with the agr^eement; and
t+lOW, THEREFORE, H-CAC and the local government do hereby
agree as follows:
RAGE 1'c'3
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RRTICLE 1: LEGRL RUTHORITY
The local government warrants and assures H-GRC that it
possesses adequate legal author^ity to enter- into this
Agreement. The local gover^nment's governing body has
a~_ithorized the signatory official (s) to enter^ into this
Agreement and binds the local gover^nment to the terms of this
Agr^eement and any subsequent amendments hereto.
ARTICLE ~. AGpLICRPLE LAWS
H-GRC and the local government agree to conduct all
activities ~_~nder this Agreement in accordance with all
applicable r^~ales, regi_ilations, ordinances and laws in effect
or prom~_ilgated during the ter^m of this Rgr^eement.
ARTICLE 3: WHOLE RGREEMENT
The Interlocal Agr^eement and Attachments,
constit~_ite the complete Agreement between
and s~_~per^sedes any and all or^al and
between the parties relating to matters
otherwise provided her^ein, this agreement
without written con~~ent of the parties.
as provided her^e in,
'the parties hereto,
wr^itten agr^eements
herein. Except as
cannot 6e modified
RRTICLE 4: pERFORMRNCE PERIOD
~~I-he per-iod of this Interlocal Agreement shall be for- balance
/~\ of the fiscal year^ of the local government which began
October 1, 1992, and ends September 3G, i99?,. Phis contract
shall thereafter- a~_~tomatically be renewed annually for each
succeeding fiscal year^, provided that s~_ich renewal shall not
have 'the effect of extending the per^iod in which the local
government may mal<e any payment d~.ie H-GRC beyond the fiscal
year in which s~.ich obligation was inc~_ir^red under^ this
Agreement.
H-GAC or the local government may cancel this Rgreement at
any time upon 30 days written notice to the other party to
this Rgreement. The obligations of the local government,
including its obligation to pay H-GRC for all cost incurred
~_mder this Agreement prior to s~_ich notice shall s~_irvive s~ach~
cancellation, as well as arty otFrer obligation incur^r^ed under^
this Rgreement, until performed ar discharged by the local
government.
ARTICLE 5: SCOPE OF SERVICES
The local government appoints H-GRC its true and lawful
p~_irchasing agent for- the purchase of certain materials and
services thro~_~yh the H-GRC Cooperative p'ur^chasing program, as
enumerated through the s~_ibmission of a duly executed purchase
order, order form or resolution. R11 mater^ial purchased
her^e~_inder• shall 6e in accordance with specifications
established by H-GAC.
i
pAGE l:k
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The materials and services shstll be procured in actor^dance
with procedures governing competitive bids and Competitive
proposals by H-GRC, and at the ~_init prices and administrative
fees as indicated in the current H-GRG Order Forms and F'rice
Lists.
Ownership (title) of material p~_mchased shall transfer
directly from the vendor to the local government. The local
government agrees to pr^ovide H-GAC with documentation of
receipt and acceptance of material within five t5) days of
acceptance of same.
ARTICLE G: PAYMENTS
The local gover^nment agrees that, upon the presentation by
H-GAC of a properly doc~.~mented, verified proof of performance
and a statement of cost H-GAC has incurred in accordance with
the terms of this Agreement, it shall pay ti-GAC, from c~.~rr^ent
revenues available to the local government during the c~_v^rant
fiscal year, on or before the date of delivery of materials
and service e. to be provided ~_mder this agreement.
ARTICLE 7: CHRNGES APID RMENDhtENTS
Any alternations, additions, or deletions to the terms of
this Agreement which ar•e r•eq~_~ir•ed by changes in Federal <'+nd
State Law or regulations arse a~_~tomatically incorporated into
~ this Ayreement witho~_it written amendment hereto, and shall
become effective nn the date designated by such law or'
regulations.
4~{-GAC reserves the riyht to make changes in the scope of the
ser^vices offered thr-o~_~gh the H-GRC Cooperative P~_ir^chasing
Program to be performed here~.tnder.
ARTICLE 8: TERMINATION F'ROCEDURF_S
Either^ H-GRC or• the local gnver^nment may cancel or^ terminate
this Agreement ~_ipon thirty (:~k~> days written notice by
certified mail to the other party. In the event of s~.ich
termination prior- to completion of any p~_irchase provided far
herein, the local government agrees to pay for services on a
prorated basis far- mater^als and services actually provided
and invoiced in accordance with the terms of this Agr^eement,
including penalties, less payment of any compensation
previously paid.
ARTICLE 9: SEVERRBILITY
All parties agree that should any provision of this Agreement
6e determined to be invalid or unenforceable, such
determination shall riot effect any other' ter^m of this
Agreement, shich shall continue in f~_ill force and effect.
~ PAGE 1~5
ARTICLE 1@: FORCE MRJEURE
To ttre extent that either^ party to this Agreement shall 6e
wholly or par^tially prevented from the per'for^mance within the
term specified of any obligation or^ duty placed on such party
by reason of or thro~ayh strikes, stoppage of labor, riot,
fir^e, flood, acts of war^, insur^r•ection, accident, judgment,
act of God, or• specific ca~_ise reasonably beyond the parties'
control and not attr^ib~_rtable to its neglect or nonfeasance,
in s~_ich event, the time fur the performance of s~_~ch
obligation or^ duty shall be s~_ispended until such disability
to perform is removed. Determination of force maje~_~re shall
rest solely with H-GAC.
ARTICLE i1: VENUE
Venue and .j~_rr^isdiction of any suit, or cause of action
arising under or in connection with the Agr•eeinent shall lie
excl~_~sively in Har^ris County, Texas.
THIS INSTRUMENT, IN DUPLICATE ORIGINRLS, ;-IAS BEEN EXECUTED BY
THE PARTIES HERETO RS FOLLOW:
t;ERR COUNTY I~UUSTON-GALVESTON AREA COUNCIL
700 MAIN L-'~Y•
KERRVILLE, TX 780:8
/s/ W. G. St~-rcy, County Ji_tdge PY:
/t; lJ. G. Stacy, County J~_tdye
ORDER NO. c1540
APPROVAL OF ORDER PANNING FIRES IN Y.ERR COUNTY
On this the 10th day of Rugust 1993, upon motion made by
Commissioner Lehman, seconded by Commissioner Lacl:~y, the
Cour^t unanimously approved by a vote of 4-0-0, to declare an
emer-gency of banning fires for• I'.er^r^ County to be enfor^ced and
review in i4 days to the next Commissioners' Court Meeting
under^ the Emergency Management F'r^o gram.
Item no. 2.5
''~ Consideration of placing Co~_inty logo decals on all County
vehicles with exempt license plates. This item was discussed
in open Court and it was the Courts recommendation that the
Road and Pridye Department p~_it d~=cals on all vehicles of the
road and bridge department. There was no order at this time.