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HomeMy WebLinkAboutRes 2013-01-04 Cooperative Purchasing Network Agreement.pdfCITY OF ANNA, TEXAS RESOLUTION NO. 2013-01-04 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, APPROVING THE TERMS AND CONDITIONS OF ANINTERLOCAL AGREEMENT BETWEEN THE REGION 4 EDUCATION SERVICE CENTER,WHICH SPONSORS THE COOPERATIVE PURCHASING NETWORK (TCPN), PROVIDING FOR A COOPERATIVE PURCHASING PROGRAM FOR GOODS AND SERVICES; DESIGNATING THE CITY MANAGER, AS OFFICIAL REPRESENTATIVE OF THE CITY OF ANNA RELATING TO THEPROGRAM. WHEREAS, the City Council of the City of Anna (the City) has been presented a proposed Interlocal Agreement (ILA) by and between the Region 4 Education Service Center, which sponsors The Cooperative Purchasing Network, and the City and found to be acceptable and in the best interests of the City and its citizens, are hereby in all things approved. WHEREAS, the City, pursuant to the authority granted under Sections 271.101 to 271.102 of the Local Government Code, desires to participate in the described purchasing program sponsored by the Region 4 Education Service Center which is known as The Cooperative Purchasing Network, and in the opinion that participation in this program will be highly beneficial to the taxpayers through the anticipated savings to be realized. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated. The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Approval and Authorization of the ILA. The Council hereby approves the ILA attached hereto as Exhibit 1 for participation in The Cooperative Purchasing Network, and authorizes, ratifies, and approves the City Manager's execution of same. The City Manager is hereby designated to act for the City in all matters relating to The Cooperative Purchasing Network including the designation of specific contracts in which the City desires to participate. PASSED AND APPROVED by the City Council of the City of Anna, Texas on this 22nd day of January, 2013. Res. 2013-01-04 Cooperative Purchasing Network Agreement PAGE 1 OF 2 01-22-13 ATTEST: Na a Wilkison, City Secretary Mike Crist, Mayor e q q Res. 2013-01-04 Cooperative Purchasing Network Agreement PAGE 2 OF 2 01-22-13 INTERLOCAL AGREEMENT Region 4 Education Service Center Contracting Parties School 16istrict or PubliccEntity County -District Number Region 4 Education Service Center 101 - 950 County -District Number This agreement is effective and shall be automatically renewed unless either party gives sixty (60) days prior written notice of non -renewal. This agreement may be terminated with or without cause by either party upon (60) days prior written notice, or may also be terminated for cause at anytime upon written notice stating the reason for and effective date of such terminations and after giving the affected party a thirty (30) day period to cure any breach. Statement of Services to be Performed: Authority for such services is granted under Government Code, Title 7, Chapter 791 Interlocal Cooperation Contracts, Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter F, Section 271.101 and Section 271.102. The purpose of this cooperative is to obtain substantial savings for member school districts and public entities through volume purchasing. Role of the Purchasing Cooperative: Provide for the organizational and administrative structure of the program. 2. Provide staff time necessary for efficient operation of the program. 3. Receive quantity requests from entities and prepare appropriate tally of quantities. 4. Initiate and implement activities related to the bidding and vendors selection process. 5. Provide members with procedures for ordering, delivery, and billing. 6. Fully comply with all applicable state rules and regulations related to competitive procurement and cooperative purchasing in the State of Texas. Role of the Member School District or Public Entity: 1. Commitment to participate in the program as indicated by an authorized signature in the appropriate space below. 2. Designate a contact person for the cooperative. 3. Commit to purchase products and services that become part of the official products and services list when it is in the best interest of the member entity. 4. Prepare purchase orders issued to the appropriate vendor from the official award list provided by the Purchasing Cooperative. 5. Issue any and all contracts, purchase orders, or other applicable authorizations for purchase (Purchase Orders) made on behalf of TCPN vendors. This agreement, however, does not obligate Member to purchase any commodities and/or services under any TCPN contract. 6. Accept shipments of products ordered from vendors in accordance with standard purchasing procedures. 7. Pay vendors in a timely manner for all goods and services received. General Provisions The parties agree to comply fully with all applicable federal statutes, rules and regulations in connection with the programs contemplated under this Agreement. This Agreement is subject to all applicable present and future valid laws governing such programs. 2. It is the sole responsibility of each Member Agency to follow their state procurement statutes as it pertains to cooperative purchasing, or joint power agreements, with in-state or out-of-state public agencies. This Agreement shall be governed by the law of the State of Texas and venue shall be in the county in which the administrative offices of Region 4 ESC are located, which is Harris County, Texas. 4. If any term(s) or provisions of this Agreement are held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions of this Agreement shall remain in full force and effect. 5. Before any party may resort to litigation, any claims, disputes or other matters in questions between the Parties to this Agreement shall be submitted to nonbinding mediation. 6. No party to this Agreement waives or relinquishes any immunity or defense on behalf of themselves, their directors, officers, employees and agents as a result of this agreement being executed or the performance of the functions and obligations describe herein. 7. This Agreement incorporates all agreements, covenants and understandings between the parties concerning subject matter in the Agreement. No prior agreement of understanding, verbal or otherwise, by the parties or their agents, shall be valid or enforceable unless embodied in this agreement. TCPN makes the contract available to the Member "as is" and is under no obligation to revise the terms, conditions, scope, prices, and/or any other requirements of the contract for the benefit of the Member. 9. Region 4 ESC may amend this Agreement, provided that written notice is given to the Member no less than 60 days prior to the date that the change will take effect. 10. All forms of written notice, under this agreement, shall be made by first class mail, postage prepaid and delivered to the parties of the agreement. 11. Member agrees to cooperate in compliance with any reasonable request for information and/or records made by the Cooperative. Breach of this provision may be grounds for termination after 10 days written notice to the Member. OA Authorization By execution and delivery of this Agreement, the undersigned individuals warrant that they have been duly authorized by all requisite administrative action required to enter into and perform the terms of this Agreement. Public Entity ! t Title Date Contact l7erson Alre&I-yr Title of Contact Street Address ANAa. eit , State Zip q72Z-gAq-33a5-, Contact's Telephone Number d% Ito A 6), a.k1a, -fexu.s . o ✓ E-mail Address Region 4 Education Service Center Authorized Signature Region 4 ESC Chief Financial Officer Title Date Telephone Number robert.zingelmann@esc4.net Email Address January 31, 2013 Choice Partners Cooperative 6005 Westview Houston, Texas 77055 Re: Interlocal Agreement for a Cooperative Purchasing Network Dear Mr. Zingelmann: Enclosed are two (2) signed copies ILA for a Cooperative Purchasing Network Upon completion please return a fully executed copy of the ILA for a Cooperative Purchasing Network to Natha Wilkison, City Secretary, for the City of Anna's files. Should you have any questions, please feel free to contact me at (972) 924-3325, ext. 207. Sincerely, Natha Wilkison City Secretary City of Anna encl.