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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:.