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HomeMy WebLinkAboutR-2005-144 Houston-Galveston Area Council Intergovernmental Cooperative Purchasing AgreementRESOLUTION NO. R-2005- 144 A RESOLUTION authorizing the execution of an Intergovernmental Cooperative Purchasing Agreement with the Houston -Galveston Area Council in Texas (H -GAC) WHEREAS, the City of Yakima and H -GAC, desire to arrange for making cooperative purchases of certain goods. and services; and the City Council of the City of Yakima deems it to be in the best interests of the City that such an arrangement be carried out according to the provisions, terms and conditions of the attached agreement document and that it is in the best interests -of the City that the attached agreement document be executed, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Section 1. The City Manager and City Clerk of the City of Yakima are hereby authorized and directed to execute an agreement with H -GAC for the purpose mentioned above, a copy of which agreement, entitled "Interlocal Contract for Cooperative Purchasing," is attached hereto and by reference made a part hereof. ADOPTED BY THE CITY COUNCIL this 20th day of September ., 2005. Paul P. George, von Paul P. ayor ATTEST: ictit-t. ie -6-4 City Clerk DLEGII A-1 Agenda & Res 2 L , INTERLOCAL CONTRACT Cooperative Purchasing Program FOR COOPERATIVE PURCHASING ILC <i :) , :, t1 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 CI4y p -P y4ki m&. , a local government, a state agency, or a non-profit corporation created and opera#ed to provide one or more governmental functions and services hereinafter referred to as "End User," having its principal place of business at 12.1 ► Jo. ZfIci S� 1%nkirna . , a . s2901 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 of the 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 of the fiscal year of the End User, which began,TC:nr-)uah /1 200 S- and ends < eiri l,</� 3/ Zoog .. This Contract shall thereafter automatically be renewed annually for each cceeding 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 HGACBuy.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 of the 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 of labor, 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 of force 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: 1:Zichard A . Z,ais 3r. Name of End User (local government, agency, or non-profit corporation) 12q Ivo Z„1D 5+. Mailing Address akt ma City By: ‘Aja . 9890 State ZIP Code Signature of chief elected or ap official • "R. A. 2f4lg C t-ry MANAbER %/03 - Typed Name & Title of Signatory Date NOTE: Facsimile copies of this document shall not be acceptable as ORIGINALS. CITY CONTRAC I NO: R42.6 9/ RESOLUTION NO: A aaD.s—/yy Houston -Galveston Area Council 3555 Timmons Lane, Suite 120, Houston, TX 77027 By: Date: xecutive Director Attest: / l 26 Map er Date: rev. 11/03 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 10 For Meeting Of 9/20/05 ITEM TITLE: Intergovernmental Cooperative Purchasing Agreement with Houston -Galveston Area Council SUBMITTED BY: Dave Zabell, Assistant City Manage CONTACT PERSON/TELEPHONE: Richard Wormer, Fleet Manager -- 576-6412 Sue Ownby, CPPB, Purchasing Manager -- 576-6695 SUMMARY EXPLANATION: Staff respectfully requests approval of an agreement authorizing the City of Yakima and the Houston -Galveston Area Council in Texas (H -GAC), to arrange joint cooperative purchases of certain goods and services. Pursuant to Chapter 39.34 RCW Interlocal Cooperation Act, the Equipment Rental Division has requested this agreement be administered in order to replace an existing worn out and obsolete bus wash system for the City of Yakima Transit Division. H -GAC has already put these units out to bid and will allow the City to piggy -back on their contract. Execution of this agreement will also allow for future joint or cooperative purchases of goods and services between the City of Yakima and H -GAC. This agreement shall remain in effect until canceled by either party. Resolution _ Ordinance _ Contract _ Other (Specify)Agreement Funding Source: Transit Capital - - $172,931 APPROVED FOR SUBMITTAL: )? City Manager STAFF RECOMMENDATION: Adopt a resolution to authorize Intergovernmental Cooperative Purchasing Agreement with H -GAC. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: DLEGII A-1 Agenda & Res 1 and Resolution adopted. RESOLUTION R-2005-144 execute an Order Status Vendor Shi •.: Ship. lnt & Delive Report Invoice Status Contact Us «GACBuyf1tein 101fON PRODUCTS AVAILABLE PROGRAM INFO OTHER PROGRAMS CONTRACTORS PROGRAM STAFF BID NOTICES ADVISORY COMMITTEE ELEC, AGGREGATION HOMELAND SECURITY VENDOR AUTHORIZING STATUTE COOPERATIVE PURCHASING "A Govemment to Govemment Procurement Service Available Nationwide" Welcome to H -GAC Cooperative Purchasing Program The H -GAC Cooperative Purchasing Program has been serving local governments for more than 30 years–beginning in 1973. From coast-to-coast, Program participants include 1,400+ local governments, state agencies, and qualifying non-profit corporations that provide one or more governmental functions and services. The program was established pursuant to the Texas' "Interlocal Cooperation Act" that allows governmental and qualifying non-profd entities to use the Act to obtain commonly needed services—including purchasing. H -GAC conforms to the requirements of Texas statutes that are applicable to competitive bids (IFBs) and competitive proposals (RFPs). No product or service is offered by H -GAC that has not been subjected to either a competitive bid or competitive proposal process. Benefits of the Program include expedited procurement, volume purchasing discounts, on -duty professional staff assistance, research and development of technical specifications, and contract administration. For additional information contact Program staff by e-mail or call WATS• 800-926-0234. 1 -1 -GAC COOPERATIVE PURCHASING MISSION STATEMENT Copyright © 2000 Houston -Galveston Area Council