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HomeMy WebLinkAbout11/01/2005 Blue Sheet Interlocal Contract for Cooperative Purchasing TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: November 1,2005 AGENDA ITEM: I. 1 TO: MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorney SUBJECT: Resolution No. 2005-136: Relating to Procurement; approving and authorizing the Mayor to execute an Interlocal Contract for Coop- erative Purchasing with the Houston-Galveston Area Council. DISCUSSION Arizona law allows governmental entities to enter into cooperative purchasing agreements that permit one governmental entity to benefit from bidding processes undertaken by the other gov- ernmental entity. The Houston-Galveston Area Council ("H-GAC") is a regional planning commission and political subdivision of the State of Texas which operates a cooperative pur- chasing program. The Town of Marana's Operations and Maintenance Department has identi- fied certain equipment it desires to purchase through the H-GAC coop.erative purchasing process. This item would approve and authorize the Mayor to execute the standard form "Interlocal Con- tract for Cooperative Purchasing" with H-GAC, allowing the Town to benefit from the competi- tive process undertaken by H-GAC. RECOMMENDATION Staff recommends adoption of Resolution No. 2005-136, approving and authorizing the execu- tion of an Interlocal Contract for Cooperative Purchasing with H-GAC. A TT ACHMENT(S) Interlocal Contract for Cooperative Purchasing. SUGGESTED MOTION I move to adopt Resolution No. 2005-136. {OOOO/4//.DOC /} FJC/cds 10/19/05 MARANA RESOLUTION NO. 2005-136 RELATING TO PROCUREMENT; APPROVING AND AUTHORIZING THE MAYOR TO EXE- CUTE AN INTERLOCAL CONTRACT FOR COOPERATIVE PURCHASING WITH THE HOUSTON-GALVESTON AREA COUNCIL. WHEREAS, the Town of Maran a and the Houston-Galveston Area Council ("H-GAC") de- sire to enter into a cooperative purchasing contract; and WHEREAS, H-GAC uses a competitive bidding process that complies in all respects with the competitive bidding requirements of Arizona law and results in pricing as low as, if not lower than, the prices which would be available to the Town if it did its own competitive bidding process; and WHEREAS, the Mayor and Council ofthe Town of Marana feel it is in the best interests of the public to enter into such a contract. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, that the interlocal contract for cooperative purchasing between the Town of Marana and H-GAC attached to and incorporated by this reference in this resolution as Exhibit A is hereby approved, and the Mayor is hereby authorized to execute it for and on behalf ofthe Town of Marana. IT IS FURTHER RESOLVED that the Town's Manager and staff are hereby directed and au- thorized to undertake all other and further tasks required or beneficial to carry out the terms, obliga- tions, and objectives ofthe interlocal contract. PASSED, ADOPTED, and APPROVED by the Mayor and Council ofthe Town of Maran a, Arizona, this 15t day of November, 2005. Mayor Ed Honea ATTEST: Jocelyn C. Bronson, Town Clerk APPROVED AS TO FORM: Frank Cassidy, Town Attorney {0000/417.DOC I} FJC..cds /01/9105 ~urChaSing Program INTERLOCALCONTRACT FOR COOPERATIVE PURCHASING ILC No.: Permanent Number assigned by H-GAC THIS INTERLOCAL CONTRACT ("Contract"), made and entered into pursuant to the Texas Interlocal Cooperation Act, Chapter 791, Texas Government Code (the "Act"), by and between the Houston-Galveston Area Council, hereinafter referred to as "H-GAC," having its principal place of business at 3555 Timmons Lane, Suite 120, Houston, Texas 77027, and , a local government, a state agency, or a non-profit corporation created and operated to provide one or more governmental functions and services, hereinafter referred to as "End User," having its principal place of business at WITNESSETH WHEREAS, H-GAC is a regional planning commission and political subdivision of the State of Texas operating under Chapter 391, Texas Local Government Code; and WHEREAS, pursuant to the Act, H-GAC is authorized to contract with eligible entities to perform governmental functions and services, including the purchase of goods and services; and WHEREAS, in reliance on such authority, H-GAC has instituted a cooperative purchasing program under which it contracts with eligible entities under the Act; and WHEREAS, End User has represented that it is an eligible entity under the Act, and desires to contract with H-GAC on the terms set forth below; NOW, THEREFORE, H-GAC and the End User do hereby agree as follows: ARTICLE 1: LEGAL AUTHORITY The End User represents and warrants to H-GAC that (1) it is eligible to contract with H-GAC under the Act because it is one of the following: a local government, as defined in the Act (a county, a municipality, a special district, or other political subdivision of the State of Texas or any other state, or a combination of two or more of those entities, a state agency (an agency of the State of Texas as defined in Section 771.002 ofthe Texas Government Code, or a similar agency of another state), or a non-profit corporation created and operated to provide one or more governmental functions and services, and (2) it possesses adequate legal authority to enter into this Contract. ARTICLE 2: APPLICABLE LAWS H-GAC and the End User agree to conduct all activities under this Contract in accordance with all applicable rules, regulations, ordinances and laws in effect or promulgated during the term of this Contract. ARTICLE 3: WHOLE AGREEMENT This Contract and any attachments, as provided herein, constitute the complete contract between the parties hereto, and supersede any and all oral and written agreements between the parties relating to matters herein. ARTICLE 4: PERFORMANCE PERIOD The period of this Contract shall be for the balance ofthe fiscal year of the End User, which began and ends . This Contract shall thereafter automatically be renewed annually for each succeeding fiscal year, provided that such renewal shall not have the effect of extending the period in which the End User may make any payment due an H- GAC contractor beyond the fiscal year in which such obligation was incurred under this Contract. ARTICLE 5: SCOPE OF SERVICES The End User appoints H-GAC its true and lawful purchasing agent for the purchase of certain products and services through the H- GAC Cooperative Purchasing Program. End User will access the Program through HGA CBuv. com and by submission of any duly executed purchase order, in the form prescribed by H-GAC to a contractor having a valid contract with H-GAC. All purchases hereunder shall be in accordance with (1) Texas statutes and procedures governing competitive bids and competitive proposals, (2) in accordance with specifications and contract terms established by H-GAC, and (3) at published prices listed on H-GAC's web site. Ownership (title) to products purchased through H-GAC shall transfer directly from the contractor to the End User. (over) ARTICLE 6: PAYMENTS H-GAC will confirm each order and issue notice to contractor to proceed. Upon delivery of goods or services purchased, and presentation of a properly documented invoice, the End User shall promptly, and in any case within thirty (30) days, pay H-GAC's contractor the full amount ofthe invoice plus the assessed H-GAC administrative fee. All payments for goods or services will be made from current revenues available to the paying party. In no event shall H-GAC have any financial liability to the End User for any goods or services End User procures from an H-GAC contractor. ARTICLE 7: CHANGES AND AMENDMENTS This Contract may be amended only by a written amendment executed by both parties, except that any alternations, additions, or deletions to the terms of this Contract which are required by changes in Federal and State law or regulations are automatically incorporated into this Contract without written amendment hereto and shall become effective on the date designated by such law or regulation. H-GAC reserves the right to make changes in the scope of products and services offered through the H-GAC Cooperative Purchasing Program to be performed hereunder. ARTICLE 8: TERMINATION PROCEDURES H-GAC or the End User may cancel this Contract at any time upon thirty (30) days written notice by certified mail to the other party to this Contract. The obligations of the End User, including its obligation to pay H-GAC's contractor for all costs incurred under this Contract prior to such notice shall survive such cancellation, as well as any other obligation incurred under this Contract, until performed or discharged by the End User. ARTICLE 9: SEVERABILITY All parties agree that should any provision of this Contract be determined to be invalid or unenforceable, such determination shall not affect any other term of this Contract, which shall continue in full force and effect. ARTICLE 10: FORCE MAJEURE To the extent that either party to this Contract shall be wholly or partially prevented from the performance within the term specified of any obligation or duty placed on such party by reason of or through strikes, stoppage oflabor, riot, fire, flood, acts of war, insurrection, accident, order of any court, 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 such disability to perform is removed; provided, however, force majeure shall not excuse an obligation solely to pay funds. Determination offorce majeure shall rest solely with H-GAC. ARTICLE 11: VENUE Venue and jurisdiction of any suit or cause of action arising under, or in connection with, this Contract shall lie exclusively in Harris County, Texas. Disputes between procuring party and Vendor are to be resolved in accord with the law and venue rules of the State of purchase. THIS INSTRUMENT HAS BEEN EXECUTED IN TWO ORIGINALS BY THE PARTIES HERETO AS FOLLOWS: Name of End User (local government. agency, or non-profit corporation) Houston-Galveston Area Council 3555 Timmons Lane, Suite 120, Houston, TX 77027 Mailing Address By: Executive Director City State ZIP Code Date: By: Attest: Signature of chief elected or appointed official Manager Date: Typed Name & Title of Signatory Date NOTE: Facsimile covies of this document shall not be accevtable as ORIGINALS. rev. 11/03 Request for Information To expedite service, please complete the following blanks relevant to your agency's administrative/elective personnel and return the completed for to H-GAC, P.O. Box 22777, Houston, TX 77227-2777. PLEASE PRINT OR TYPE ALL INFORMATION BELOW Name of End User Agency: County Name: (Municipality / County / District / etc.) Mailing Address: (Street Address/P. 0. Box) Main Telephone Number: C-) (City) (State) FAX Number: C-) (ZIP Code) Physical Address: (Street Address, if different from mailing address) Web Site Address: (City) (State) (ZIP Code) Title: Ph No.: ( ) Fx No.: ( ) E-Mail Address: Authorized Official: (City manager / Executive Director / etc.) Mailing Address: (Street Address/P. 0. Box) (City) (State) (ZIP Code) Title: Ph No.: ( ) Fx No.: ( ) Email Address: Official Contact: (Purchasing Agent / Auditor / etc.) Mailing Address: (Street Address/P. 0. Box) (City) (State) (ZIP Code) Title: Ph No.: ( ) Fx No.: ( ) Email Address: Official Contact: (Public Works Director / Police Chief / etc.) Mailing Address: (Street Address/P. 0. Box) (City) (State) (ZIP Code) Official Contact: (EMS Director / Fire Chief / etc.) Mailing Address: (Street Address/P. 0. Box) Title: Ph No.: ( ) Fx No.: ( ) Email Address: (City) (State) (ZIP Code)