HomeMy WebLinkAboutRes 2004-12-01 Interlocal Agreement with Texas Local Government Purchasing CooperativeCITY OF ANNA, TEXAS
RESOLUTION NO. 2004-12-01
A RESOLUTION OF THE CITY OF ANNA AUTHORIZING AN INTERLOCAL
AGREEMENT BETWEEN THE CITY OF ANNA AND THE TEXAS LOCAL
GOVERNMENT PURCHASING COOPERATIVE.
WHEREAS, the City of Anna, (hereinafter, "Cooperative Member") pursuant
to the authority granted by article 791 at seq. of the Interlocal Cooperation
Act, as amended, desires to participate in the statewide purchasing
program of the Cooperative;
WHEREAS, the City Of Anna, has elected to be a Cooperative Member in
the Texas Local Government Purchasing Cooperative (hereinafter
"Cooperative"), a program created by local governments in accordance
with and pursuant to the Interlocal Cooperation Act ("Act'), Chapter 791,
Texas Government Code;
WHEREAS, the Cooperative Member, is of the opinion that participation in
the Cooperative's purchasing program will be highly beneficial to the
taxpayers of the local government through the efficiencies and potential
savings to be realized; and
WHEREAS, the Cooperative Member desires to participate and join with
other local governments in the cooperative Interlocal agreement
("Agreement") for the purpose of fulfilling and implementing their
respective public and governmental purposes, need, objectives, programs,
functions and services.
NOW, THEREFORE, BE IT RESOLVED, that the Cooperative Member does
request the Cooperative include its stated needs for all categories,
including but not limited to, instructional, maintenance, custodial, and food
service goods and services, on the Cooperative's Purchasing Program and
award contracts for those items, whereby the Cooperative Members may
be allowed to purchase those items from the Cooperative's contracts; and
that Cooperative is authorized to sign and deliver all necessary requests
and other documents in connection therewith for and on behalf of the
Cooperative Members that have elected to participate.
FURTHER, BE IT RESOLVED, that the City Council of the Cooperative
Member does hereby authorize its Mayor to execute the Interlocal
Participation Agreement which includes the adoption and approval of the
Organizational Interlocal Agreement previously executed and adopted by
two or more local governments.
FINALLY, BE IT RESOLVED that the execution of this Resolution shall
evidence the election of Cooperative Member and eligible local
governments to become members of the Cooperative upon the terms and
conditions stated. The City Council has, and at the time of adoption of the
Resolution had, full power and lawful authority to adopt the foregoing
Resolution and to confer the obligations, powers, and authority to the
persons named, who are hereby granted the power to exercise the same.
I certify that the forgoing is true and correct copy of the resolution duly
adopted by City of Anna, City Council, on the 14 day of December, in the
year 2004, and that the same now appears of record in official minutes.
City of Anna, Cooperative Member.
ATTEST:
City Secretary
B
Mayor
4/12/28~5 15:24 512-483-7182 8.N BOARD PAGE 82/89
e Local Government
Purchasing Cooperative
INTERLOCAL PARTICIPATION AGREEMENT
for the
1 he Local Gown.eat Parclauiag C~rative
This Intc.rlocal Participar:ion Agreement ("Agreement") is made and ent£red into by and between The
Local Government Purchasing Cooperative ("Cooperative"), an administrative agency of cooperating leal
govcrnmc:nt3., acting on its own behalfand the behalf of all participating 1oca1 govemme"., and the undersigned
local govermnent of the State of Texas ("Cooperative Member"). The purpose ofthis Agn:ement is to facilitate
compliance with state bidding .equirements, to identifY qualified vendfxs of commodities, goods and services."
to relieve the burdens of the go·",emmental purchasing fimction, and to realize the various potential economies,
including administrative cost sayings, for Cooperative Members. .
WITNESSETH:
WHEREAS, the Cooperative Members are authorized by Chapter 791, et seq., The JnterJocal
Cooperation Act of the Government Code (..the Act"), to agree with other local goverm.nents to fonn pun:hasing
cooperatives; and
WHEREAS, the Cooperative is .. local cooperative association as authorized under Section 27 t.l 0 I of
the Local Oovenunent Code; and
WHEREAS. the Coop:rative Member does hereby adopt the Orpni~onat Interloc:al Agreement,
together with such amendments as may be made in the future, reflecting the evolving mission of the
Cooperative and further agre.:s to become an additional party to that artain Organizational Interlocal
Agreement promulgated on the 26th day ofJantmy~ 1998.
NOW BE IT RESOLVED that the undersigned Cooperative Member in consideration ofthc agn=nent
of the Coopetative and the C(Jopclative Member$ to provide services as detailed hetein docs agree to the
following terms, conditions,. and general provisions.
04/12/2885 15:24 512-483-7182 P{Jf;£ 83/89
In return for the paymc:m: of the contributions and subject to an tenDS of this A~the parties
agree 8$ follows:
TERMS AND CONDmONS
1. Adopt Orpa.do••• I.terloeal Cooperatloe Apw.enIat. The Coopaativc Member 'by the adoption
and execution of this Agreement hereby adopts and approves the Organizational Interlocal Agreement
dated January 26, 1998, topdier with such amendments as may be made in the tUture and further agrees
to become a Cooperative Member.
2. Term. The initial term ofthis Agreement shall commence at 12:01 a.m. on the date executed and signed
and shall automatically renew for succesSive ()IIe"year terms lDlless sooner tcrmi:naU:d in ~with
the provisions oftbis Agreement. The terms, cond1ticms, arid general provisions:tlet forth below shall apply
to the initial tenn and all t'I~ewals.
3. Tenni.ation.
a) By tile Coopera'tive M_ber. This Agreement may be terminated by the Cooperative Member
at any time by thirty (30) days prior written notice to the Cooperative; provided all chatp owed
to the Coope1ath'e and any vendor have been MJy paid.
b) By the Cooperaltin. The Cooperative may temtinIte this Agreement by:
1) Oiviol ten ('10) days notice by certified mail to the Cooperative Member if the Cooperati.ve
Member faits or refuses to make the payments or contrib\Jtions as herein provided; or
2) Giving thirty (30) days notice by certified mail to the Coopeumve Member.
c) Tern.iIt.tioII Procedure. If the Cooperative Member tenninates its pBliic;ipation during the
tenn of this Agreement or breaches this Apeement, or if the Cooperative temrinaIr:,
participatioD of the Cooperative Member under any provision of this Artic~ the Cooperative
Member shall boeat the full financial responsibility for any purchases occurring after the
termination date. and for any unpaid charges accrued during its term of membership in the
Cooperative. The Coopeilitifle may seek the whole amount due,. if any. 1iom the terminated
Cooperative Member. The Cooperative Member will not be entitled to a .-efund of memb«nmp
dues paid.
4. Payments.
8) The Cooperative MC:lIbcr a.an:es to pay membership fees based. on • plan developed by the
Cooperative. Membel'Ship fees an: payable by Cooperative Member upon receipt of an invoice from
the Coopennive, Cooperative Conba:tor or vatdor. A late cha:rge amounting to the maximum iDtaat
allowed by law, but not less than the rate of ~under Section 2251.021, et seq., Texas
Government Code, shull bcain to ~daa1y OIl the 31 st day following the due date and continue to
accrue until the wntribution and late charges are paid in full. The Cooperative reserves the right to
2
84/12/2885 15:24 512-483-7182 PAGE 84/89
collect alJ funds that are dde to the Cooperative in the event of temtinatiott by Cooperative Member or
breadI ofthis AgreenMlrtt by Coopemive Member.
b) The Cooperative Member win make timely payments 10 the vendor for the pds, ~and
services feceived in aceordance with the terms and conditions of the Invitation to Bid rmd related
procurement doc;;uments. Payment for goods, 11I8tmials and services and inspections and
acceptance of goods, matmial$ and savices ordered by the p~party shall be the exclusive
obligation of the procuring Coopemive Member.
S. Cooperative Reportiag_ The Cooperative will pt'OVide periodic activity reports to the Cooperative
Member. These reports M:ly be modified from time to tim. as deemed appropNte by the Cooperative.
6. Adrai.Jstratioa. Coopemtivc Membel.' will use the BuyBoard purehasinS application in accordance with
ins1ruCtion from the Ct:opendivc; discontinue use upon temJination of participation; maintain
confkientiality and prevent unauthorized UIlIe; maintain equipment, software and testinS·to opcn.tc the
system at its own expense; report all purchase orden FlIaated to Cooperative Of its desisnce in
accim:1aocc with instructions of the Cooperative; and make a final accounting to Cooperative upon
termination ofmembership.
7. Ameadmats. The Board may amend this agreement, provided that notice is sent to each participant at
least 60 days prior to the effective dam of any chango described in suoh amendment which, in the opinion
ofthe Board, will have a nlaterial effect on the CoopeJative Members participation in the Coopmltive•.
GENERAL PROVISIONS
1. AatborizatfDn to l'aJ:'tk'ipatle. .Each Coopeaative Member represeIlts and wammts that its governing
body has duly 81,Ithomed its participation in the Cooperative.
2. Bylaws. The Cooperative Member agrees to .bide by the Bylaws of the Cooperative, 18 they may be
amended, and any and aJ l reasonable policies and procedures established. by the Cooperative.
3. COIBpeusatioa. The parties ape that the payments under this Agreement and an related exhibits and
documents are amounts that fairly compensate the Cooperative for the services or f\Joctions performed
under the Agreement, E.nc:I that the portion of gross sales paid by participating vcndonl enables the
Cooperative to pay the necessary licensing fees. rna.rketing costs, and related expensea required to
operate a statewide system ofelectronic commerce for the loc.aJ, govemrnents ofTexas.
4. Cooperation ud ACCIImI. The Cooperative Member qn:;cs that it will cooperate in compliance with
any reasonable requesu for Information andlor retords msde by the Cooporadve. The Cooperative
reserves the right to audit the relevant records of any Cooperative Member. Arty ~ofthis Article
shan be considered ma1;eria] and shall make the Agreement subject 1l') termination on ten (10) days
written notice to the Cae perative Member.
5. CoonIiaator. The Cooperative Member apees to appoint a program cooa:tinator who shall have
express authority to teJWCSCllt and biDd the Cooperative Member, and. the Cooperative win not be
required to contact any other individual rcprding prosram matIIIn. Any notice to or any agreements
3
04/12/2085
6.
7.
S.
9.
10.
15:24 512-483-7182 PAGE 85/89
with the coordinator sbaJ J be binding upon the Coopetative Member. The Cooperative Member reserves
the right to chanae the e()ordinat« as needed by giving written notice to Che Cooperative. Such DOtice is
not effective until actually received by tbe Cooperative.
Carft1lt ReYnuL The Cooperative Member hereby warran1B thai aU ~contributions, fees.
and disbursements requked of it bemmder shall be made from cuueot nmmues budgeted and available
to the Cooperative Member.
Detente and PJ"OIeatic.o of Clai.. The Cooperative Member authori.zIls the Cooperative to regulate
the commencement, defense, intl:rvention, or participation in a judicial, administrative,. or other
governmental ~ing or in an arbitration, mediation, or any other form of al~dispute
resolution, 01' other appearances of the Coopeultive in any litigati9ll' claim or dispute which is related to
the subject of this Agm~ent. and to engap oounseJ and appropriate expens. in tbeCooperative's sole
discretion, with respect to such litigation, claim or disputes. The Cooperative Membef does hereby ap
that any suit brought against the Cooperative may be defended in the name of the Cooperative by the
c:ounse) selected by the Cooperative, in its sole discretion., or its designee, on behalf of and at the
expease of the Cooperative as necessary for the prosecution or defense of any litigation. Full
cooperation by the Cooperative Member shan be extended to supply any information neet.Ied or heJpfid
in such prosecution or defense. Subject to specific rcvocetion, the Cooperative Member hereby
designates the Coopa ative to act as a clus tepteSeDtativc on its behalf in matters arising out of this
Agreement.
Govenaaaft. The Board of TnJstees (Board) will govern the Cooperative in accordance with the
Bylaws. Travis County, Texas will be the loeation for filing any 'dispute, claim or lawsuit
Limitatioal of LiabWty. COOPERAn~ ITS ENDORSERS (TEXAS ASSOCIATION OF
SCHOOL BOARDS, TEXAS ASSOClATlON OF COUNrIBS. AND TEXAS MUNICJPAL
LEAGUE) AND SERVICING CONTRACTOR. (TEXAS ASSOCIATION OF SCHOOL BOARDS DO
NOT WARRANT THAT 1tfE OPERATION OR USE OF COOPERATIVE SERVICES WILL BE
UNINTERRUPTED OR ERROR FREE.
COOPERATTVE, ITS :~RSERS AND SEB.VICING CONtRACTORS, HBREBY DISCLAIM
ANY AND ALL WARRANTIES. EXPRESS OR lMPLIED. IN REGARD TO ANY lNFORMATION9
PRODUCT OR SERVICE FURNISHED UNDER lHlS AGREEMENT, INCLUDING WITIIOur
LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MER.CHA.NTABn.JTY OR FITNESS
FOR A PARTICULAR J:lURPOSE.
THE PARTIES AOllBf: lHAT IN RBQAkD TO ANY AND ALL CAUSES OF ACTION AJUSlNO
OUT OF OR RELATING 1'0 THIS AGREEMENT. NEI1HER PARTY SHAIL BB LJ.A.BLE TO THE
OTHER UNDER ANY CIRCUMSTANCES FOR SPECIAL, INCIDENTAL, CONS£QUBNnAL, OR
EXEMPLARY DAMAGES, EVEN W IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
Merger. This lmeriocal Participation Asa-ment, Tams and Conditions, and General Provisions,
together with the Bylaws, Organizational JnterlocaI AcreemeDtt and Exhibits, represents the complete
understanding oftbe Cooperative. and Cooperative Member electing to partieipatl: in the Coopetatiye.
4
64/12/2605 15:24 512-483-71 82 IlN BOARD Pti?E.. 86/89
t t. Notice. Any written notice to the Cooperative shall be made by ftnt class mail, postage prepaid, and
delivered to the Associate Executive Director Financial Planning, Texas Assoclatioa of Schoo) Boards,
Inc., P.O-Box 400, Austin, Texas 78767-0400.
1.2. Ven.ae. This Agreement shall be governed by and construed in ~with the laws ofthe State of
Texas, and venue shall lie in Travis County. Texas..
13. Warranty. By the exec-Jtion and delivery ofthis Agreement, the undersigned individuals warrant that
they have been duly autt,iJrlzed by all requ~administrative action required to enter into and perform
the tenns ofthis Agreement.
14. Lee_I Adtority. The Cooperative Member represents and wammts to the Cooperative the
following:
a. It meets the defin'.tion of "Local Government" or <4$tate Aprrcy" under the Act. "Local
Government" rne&n$ a: COUDty. munieipality. special district or other political subdivision of Texas
or another state; or .::ombination of two or J'J)(Xe of those entities. "Political Subdivision" :iDc.1udes
any corporate and politkal entity organized under state law. "State Agent;y" melDS (A) a
department, ~bureau, commission, court, offic:e, authority, council, or institution; (B) a
university) college, Jr any service or part of a state institution of higher educatkm; (C) a loea]
WorkfOlW developlT.lent board created under Texas Oov'I Code Section 2301.253; and (D) my
statewide job or elllJ: Joyment training program for disadvantaged youth that is substantially fm.a.nced
by federal funds and that was created by executive order not later than Deecmber 30. 1986; or
similm:-agency ofanether state. .
b. The functions and smrices to be performed under the Agreement will be limited to "Administndive
Functions" as def'med in the Act. ,cAdministrative Functiont" means those functions normaUy
associated with the routine operation of govemJl)eRf;, including tax assessment and coUection,
personnel serv~ purchasing. records management services, data processin& warehousin&
equipment repair ancl printing".
c. It possesses the legal authority to eater into the Agreemen'lt desipates the Coopendive as its agent,
and can renew the A,~rccmeJJt without subsequent:ac.tion ofia govemins body.
d. Purcbases made under the Apeement satisfy all proceduraI-procurement requirements that the
Cooperative Member must meet under all applicable Iocoal policy, regulatkJR, or state law.
e. AU requiremen1:8, lex:al or state, for a third party to approve, record or autborize the Agreement bave
been met.
s
64/12/2885 15:24 512-483-7182 PAGE 87189
IN WITNESS WHEREOF, the parties, aeUng tbn.'tugh their duly authorized n:presen.tati~ sign this
Agreement as ofthe date indicated.
TO BE COMPLETED BY TIlE COOPERATIVE:
The LOCAL GOVERNMENT PURCHASING COOPERATIVE,
as acang on behalf ofall a Cooperative Members
Date:
TO BE COMPLETED BY COOPERATIVE MEMBER:
U'W (J../ lfnna nvaS
Name~';;;;;i;;;efll) J
3 -10 -tJ'f{~~.
0.: •
re ofauthotii l-epresent.ative ofCooperative Member
rlk4v~ L~:C II! ~
Printed name IJld title ot' authorized representative
6
04/12/2885 15:24 512-483-7182 BlIV BOARD
CITY OF ANNA, 1'EX.AS
A RESOLUTION OF THE CITY OF ANNA AlIT1tORIZING AN IN iEAl..OCAL
AGREEMENT BETWEEN THE crrv OF ANNA AND' THE 1'EX.AS LOCAL
GOVERNMENT PURCHASING COOPERATIVE..
WHEREAS, the Citv of Anna, (hareInII1W, ~••......, ptftuant
to the auIIIorIty gnlnfad by .article 781 et seq. of ... IntIN'IocII CoopntIon
Act, -........., partIcIpatII In the ....... purchaalngde...... tID
program of the eo......tIve;
WHEREAS. the elf:, or Anna, .....t ..... to be a CooperatIve IIiember In
the Texae Loca:1 Governn..m PurchasIng Cooperdve (IMnI.......
cooperative"), a program cIW8ted br local govemmenta In acoordance
WitIl and .,..,...... to thIIlntIIIoal CooperatIon Act ("Acr); CMp" 791,
Texaa Government Code;
WHEREAS, 1M Cooperative Member. is of the opinion ......,ctcI.,.aon In
the Coopet"ve'. purchaelng prog,.,. wli be highly banIIfIciaI ID the
taxpa,.,. of the lrJCal go:J9I1IIII8Id through .... eflcieRcl•• and poIIInW
savings 110 be raltmd; and
WHEREAS, the c.,.......Member ..... to .,.rtIcIpatIt ..... join with
other loCal gGIWD"""'" In the ...,........ Int8rIocIII ..0 .......
f'Ag....ment") fotr the purpos. Gf fuIfIIlng and IInpIemMIrat tMir
respectIVe public and .",.,..,...... PIIfPGII-, ....,objacltw ", prognIIM.
functlo..anct .....icea.
NOW, THEREFORE, BE rr RESOLVED, o.t ..CooperatIve ........ does
Cooper8IIve Include .. ...... n.ade for ai, catIIgorI••,
tna but not Ii""" tD, llletrucllonal, mil .....nee. CU8"'L and food
service ~and .......on ...Coopendi¥e'. Purchasing .........and
IWIItd contracts for tho•• ....., ........, tile CooperatIw ...........y
be altow.cI tID pun:Mae thoee ...... from the eoop.dwe'e oonInac:ta; ...
that CooperatIve b aulhorlDd tID sign and ...".aN nee I ••.,.........
and .,.... doCUmontI In conn.caon .......111. for ..... on behalf or ...
CooperatIve 1IandI...that haw .lectad to partIcIpItIt.
F1JRT'tER, BE IT RESOLvED. that the CIty CouncI of ... eoop..tJw
Mamber does ......, aulhoriz8 lis,' .1.,.. tID ..... .. IIdW1oc:a1
Partlclp8tlon Agr.......m which incIud•• the adopIion ...a....,..of the
0tprrIzd0naI InliNtacaI Agreement pnMouaIy ........ Md ..,.,.. by
two or more IDeal ~... .
Ad/1?I?AA~ 1~~?4 ~1?-4A~-71A? 'BUV ~
FINALLY. BE IT RESOLVED ................ of,"'" Rasolullon .....
evidence the election of Cooper'" ...... and .1"" IoQII
IJOV'8I'IIIMida tD ................. of''''~upon ........Md
condIt.tona........ TIle CIty CouncIl ...,...at lie ...of atoptIDn at the
RtMIOIutIon .... full ~and lawful ......., tID IIdopt ... forIIgoing
RfIIIOIutIoft and .., corAIr tile .........., ;au • .,., MIl aulllolltr to the
lIMIIMI,who .........,......."powwtDexerclle .........
I ..." tt.t ..IorgaIng .. true and conect copy of .......... duly
adoptM by CIty of Anna, CIty CcuICII. on tile 1.day of Dec........, In the
2004, and that the __ .....".... of record in alllclal ............
CIty of Anna, ~.Imber.
ATTEST:.