Loading...
Interlocal Cooperative Purchasing Agreement with Houston Galveston Area CouncilHMGACBART PORCNAS0 $01OT10 INTERLOCAL CONTRACT ILC FOR COOPERATIVE PURCHASING No.; Peimanent Number assigned by UGAC THIS INTERLOCAL CONTRACT ("Contract") made and entered into pursuant to the Texas lnterlocal 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 * City of Edmonds 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 * 121 5th Ave_N_Edmorids_ WA.9.802_0 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, that its governing body has authorized this Contract on * Mar 15 2012 (Date), and that it desires to contract with H-GAC on the tenns set forth below; NOW, THEREFORE, H-GAC and the End User do hereby agree as follows: ARTICLE l; LEGAL A THORITY The End User represents and warrants to ITGAC that 0) it is eligible to contract with I MAC under the: Act because it is one of the mellowing: a local government, as defined in the Act (a county, a municipality, a special district, or other political subdivision of the Slate of Texas or any other state), or a combination of two or marcnf those On(itics, a state agency (an agency of the State of Texas as defined in Scction 771.002 of the Texas Government Code, or a similar ageney ol'anothcr state), or a non -pro lit corporation erected and operated to provide one or more governmental functions and services, and (2) it possesses adequate Isgal authority to enter into this Contract. ARTICLE 2: APPLICABLE LAWS H-GAC and the End User agree to conduct all activitiesunder this Contract in accordance with all applicable rules, regulatiams,and ordinances and laws in effect or promulgated during the term of this Contract, ARTICLE • WHOLE; ACRE MENT 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. A11TICL 4; PERFORMANCE P R 1) The period of this Contract shall be for the balance of the fiscal yearof the End User, which began « Jan 01, 2012 and ends* Dec 31, 2012 . This Contract shall thureafierautomatically be renewed annually lbreach succeeding fiscal year, provided that such renewal shall not have the effect oFextending the period in which the End Usor may snake any payment due an H- GAC contractor beyond the fiscal year in which such obligation was incurred under this Contract. ARTI i],,E 5: SCOPE OF EBVICES The End User appoints. H-GrAC 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 H iACB .corn and by submission of any duly exceuted purchase order, in Ilse Form prescribed by H-GAC to a contractor having a valid contract with H-GAC. All purchases hereunder shall be in accordance with specifications and contract terns and pricing established by H-GAC. Ownership (title) to products purchased through I I-GAC shall trmnsrer directly From the contractor to the End User. (over) 1- l- .20Q_ 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 properly doeuniented invoice, the End User shall promptly, said in any case within thirty (30) days, pay H-GAC"s contractor the full ainount of the invoice. All payments for goods or services will be made from current revenues avai table to the pay irtg 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. A Tl LE 7. CHANGES AND AMENDMENTS This Contract may be amended only by a written amendment executed by both parties, except that any alterations, 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 [late 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, ARTICLES. TERMINATION PROCEDURES H-GAL' or the End Uscr tray cancel this Conlractat any time upon thirty (30) days written notice bycertified mail to the other party to this Contract. The obligations of the End Umr, including its obligation to pay H-GACs 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 perfonned or discharged by the End User. ARTICLE 9: SEVERABIL[TY 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 frill force and effect. ARTICLE I0: FORCE MAJEURE To the extent that either party to this Contract shall be wholly or partially prevented front the performance within the term specified of any obligation orduty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, Flood, acts ofwar, 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 susperrded until such disability to perform is removed, provided, however, force majeure shall not excuse an obligiion solely to pay funds. Delcrininadon of force majeure shall rest solely with 11-GAC. ARTICLE 11: VENUE 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: * City Of Edmonds Name of End Uscr (local government, agency, or non-profit corporation) * 121 5th Ave N Mailing At. resa * Edm ds WA 98020 City � State ZIP Code t * By: Sif;w ure of chief c eted or appom cd official * Keyop— Irv, 4L -0 EdA err t� Typed Ufa e & Title of Signatory ✓ Date Houston -Galveston Area Council 3555 Tinununx Lane, �Ilv 120, Houston, TX 77027 f Executive Director r rtllc+t N-1un.gtcr Dale: '"Denotes required fields rcv.03/11 RESOLUTION NO. 1304 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, AUTHORIZING THE MAYOR TO SIGN AN INTERLOCAL CONTRACT FOR COOPERATIVE PURCHASING WITH THE HOUSTON-GALVESTON AREA COUNCIL WHEREAS, the Interlocal Cooperation Act, as amended, and codified in Chapter 39.34 of the Revised Code of Washington provided for interlocal cooperation between government agencies; and WHEREAS, the parties desire to utilize each other's procurement agreements when it is in their mutual interest; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON HEREBY RESOLVES AS FOLLOWS: Section 1 The City Council hereby authorizes by resolution the Mayor to sign an interlocal contract for cooperative purchasing with the Houston -Galveston Area Council. RESOLVED this 19"' day of November, 2013. ATTEST/AUTHENTICATED: CIM CLERK. SC ?5PASSEY FILED WITH THE CITY CLERK: 11-15-13 PASSED BY THE CITY COUNCIL: 11-19-13 RESOLUTION NO. 1304 AM-6324 City Council Meeting Meeting Date: 11/19/2013 Time: Consent Submitted For: Phil Williams Department: Public Works Committee: Finance SubmitteKody McConnell Type: Action Information Subject Title Authorization for Mayor to Sign HGAC Interlocal Contract for Cooperative Purchasing Agreement Recommendation It is recommended that City Council authorize the Mayor to sign the Interlocal Contract for Cooperative Purchasing. Previous Council Action None. Narrative The HGAC Cooperative Purchasing Program is a nationwide, government -to -government cooperative purchasing program that for more than thirty-six (36) years has been helping government entities and non -profits purchase products and services needed by their organizations through a complete competitive bid/proposal process as required by law. The program is dedicated and committed to providing end users with a service that allows for the purchase of products and services without having to bid it themselves. No annual renewal actions are required and the contract covers all departments within the municipality. It is activated only by the issuance of purchase orders. There is no cost of membership. Attachments Resolution ILA HGAC Attachment 1 - Interlocal Cooperative Purchasing Agreement HGAC Inbox City Clerk Mayor Finalize for Agenda Form Started By: Kody McConnell Final Approval Date: 11/14/2013 Form Review Reviewed By Date Scott Passey 11/14/2013 09:39 AM Dave Earling 11/14/2013 09:52 AM Scott Passey 11/14/2013 09:55 AM Started On: 11/13/2013 03:29 PM RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, AUTHORIZING THE MAYOR TO SIGN AN INTERLOCAL CONTRACT FOR COOPERATIVE PURCHASING WITH THE HOUSTON-GALVESTON AREA COUNCIL WHEREAS, the Interlocal Cooperation Act, as amended, and codified in Chapter 39.34 of the Revised Code of Washington provided for interlocal cooperation between government agencies; and WHEREAS, the parties desire to utilize each other's procurement agreements when it is in their mutual interest; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON HEREBY RESOLVES AS FOLLOWS: Section I The City Council hereby authorizes by resolution the Mayor to sign an interlocal contract for cooperative purchasing with the Houston -Galveston Area Council. RESOLVED this 19`h day of November, 2013. MAYOR, DAVE 0.FARLING ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. APPROVED AS TO FORM: City Attorney HGAC rx s►ruroB,am INTERLOCAL CONTRACT ILC FOR COOPERATIVE PURCHASING No.; Pei manent Number assigned by [fGAC 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 * City of Edmonds a local government, a state agency, or a non-prnTI—i 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 * 121 5th Aya n)_Erdmonds WA K020. WITNESSETH WHEREAS, H-GAC is a regional planning commission and political subdivision ofthe 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 governrnenlal functions and services, including the purchase of goods and services; and WHEREAS, in reliance on such authority, H-GAC has instituted a cooperative purchasing prograin under which it contracts with eligible entities under the Act; and WHEREAS, End User has represented thal it is an eligible entity under the Act, that its governing body has authorized this Contract on *Mar 15, 2012 (Date), and that it desires to Contract with H-GAC on the tenns 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 I+G.AC 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 morcof 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 activitiesunder this Contract in accordance with all applicable rules, regulations,and ordinances and laws in effect or promulgated during the terns 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. AW11CLE 4: PERFORMANCE PERIOD � Jan 01, 2012 The period of this Contract shall be forthe balance of the fiscal year of the End User, which began and ends* Dec 31, 2012 . This Contract shall thereafter automatically be renewed annually for each succeeding fiscal year, provided that such renewal shall not have the effect or 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: SCOFE 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.enm 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 specifications and contract terms and pricing established by H-GAC. Ownership (title) to products purchased through H-GAC shall transfer directly from the contractor to the End User. (over) AirrICLE G: PAYMENTS H-GA.0 will wnfinn each order and issue notice to contractor to proceed, Upon delivery or goods or services purchased, and presentation of a properly docuntented invoice, the End User shall promptly, and in Any ease within thirty (30) days, pay H-GAi:'s contractur the full amount of the invoice. All payments for goods orservices will be made from current revenues available to tile Paying f om an H- party. In no event shall H GAC have any financial liability to the End User for any goods or servrccs bend User procures r GAC contractor, ARTICLE 7: CHANOM AND AMENUt1 ENTS This Contract rnay be tune:nded only by a written amendment executed by both parties, except that nny'alterations, additions, or deletions to the lenns of this Contract which art: required by changes in Federal and State law or regulations are aulntnatiedIly incorporated into this Contract without written amendment hereto and shall beeoine ofibctive on the date designated by suoh lsv or regulation. H-GAC reserves the right to make changes in the scope of products and services offered through the It-GAC Cooperative Purchasing Program to be performed hereunder. ARTICLE R: TFRMI,NATION PROCEDURES H-GAC or (lie End User may cancel this Contract at any time upon thirty (30) days written notice by certified snail to the other party to this Contract, The obligations of the Pnd User, including its obligation to pay H-t3AC:s contractor for all eosts incutrcd 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: SEVEI2A BILITY All parties agree that should any provision of this Contract be deterinin ed to be invalid or unenforceable, such determination shall not affect any other lernt of this Contract, which shall continue in full force and effect. ARTICLE I U: FORCE MAJ)CURE To the extent that either party to this Contract shall he wholly or partially proven Iad From the performance within tlto term specified of any obligation or duly placed on such party by reason of or through strikes, sloppage of labor, riot, fire, flood, acts ofwar, insurrection, accident, order of any court, act of Clod, or spec ifte cause reasonably beyond the party's control arid ILO a(Iributablc to its neglect nr uonl`easatice, in such event, the time for the perromtance of such obligation er duly shall be silsperrded until such disability to perform is removed; provided, how over, force majeure shall nat excuse an obi igtion solely to pay funds. Determination of force niajeure shRII rest solely with 11-GAC. ARTICLE II: VENUE 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: * City Of Edmonds Name of End Uscr(local government, agency, or non-profit corpora*ion) * 121 5th Ave N Mailing Address m * Edmonds City -- WA 98020 Statc Z11' Code - Signahtre of chief elected or appointed official Typed Name & Title of Signatory Date Houston -Galveston Area Council 3555 Timmons Lane, %11W 120, Houston, TX V027 r 141" — — Gxccutivc Director :Ines[ A9�uli�ger _y Date: *Denotes required fields rev, 03/11