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HomeMy WebLinkAboutItem 17 - Texas Local Government Purchasing Cooperative"NI MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROGER NELSON, CITY MANAGER MEETING DATE: SEPTEMBER 18, 2001 SUBJECT: APPROVAL OF A RESOLUTION FOR PARTICIPATION IN A COOPERATIVE PURCHASING AGREEMENT WITH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE RECOMMENDATION: City Council to consider a resolution to approve participation in a cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative. BACKGROUND: The Texas Local Government Purchasing Cooperative was created to increase the purchasing power of government entities throughout Texas and to simplify purchasing by using a customized electronic purchasing system, called the BuyBoard. The Cooperative is administered by the Texas Association of School Boards and sponsored by both the Texas Municipal League and the Texas Association of Counties. The Cooperative uses Internet -based technologies to create a single source for product and awarded contract information. The BuyBoard, a secured Web site, allows members to place orders electronically, thereby streamlining the purchasing process. The BuyBoard's format allows point -and -click access to detailed product descriptions, part numbers, and images. Searches for products can be done by keyword, part number, vendor, or even manufacturer. Current products under contract include office supplies and equipment, automotive products, maintenance supplies, medical supplies, computers and software, grounds maintenance equipment and other items generally used by the City. Participation in this cooperative is allowed under the Inter -local Cooperation Act, Chapter 791, Texas Local Government Code. Under this act any entity participating through an inter -local agreement satisfies any bidding requirements required under State law. There is an annual membership fee of $200. The savings achieved through efficiencies and reduced administrative costs would be beneficial to the City. Staff recommends approval. CD September 11, 2001 (3:50PM) 0 RESOLUTION NO, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS MAKING FINDINGS OF CERTAIN FACTS RELATIVE TO PARTICIPATION IN A COOPERATIVE PURCHASING AGREEMENT WITH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE AS ORGANIZED BY THE TEXAS ASSOCIATION OF SCHOOL BOARDS AND AS ENDORSED BY THE TEXAS MUNICIPAL LEAGUE AND THE TEXAS ASSOCIATION OF COUNTIES; AUTHORIZING THE CITY MANAGER OR HIS DESIGNATE TO EXECUTE SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Grapevine, Texas, pursuant to the authority granted by Article 791 et seq. of the Inter -local Cooperation Act, as amended, desires to participate in the statewide purchasing program of the Texas Local Government Purchasing Cooperative; and WHEREAS, the City of Grapevine, Texas, has elected to be a Cooperative Member in the Texas Local Government Purchasing Cooperative, a program created by local governments in accordance with and pursuant to the Inter -local Cooperation Act ("Act"), Chapter 791, Texas Government Code; and WHEREAS, the City of Grapevine, Texas, is of the opinion that participation in the Texas Local Government Purchasing Cooperative's purchasing program will be highly beneficial to the taxpayers of the City of Grapevine through the efficiencies and potential savings to be realized; and WHEREAS, the City of Grapevine, Texas desires to participate and join with other local governments in a cooperative Inter -local agreement for the purpose of fulfilling and implementing their respective public and governmental purposes, needs, objectives, programs, functions and services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That the City of Grapevine does request that the Texas Local Government Purchasing Cooperative include its stated needs for all categories, including but not limited to, office supplies, maintenance, custodial and automotive goods and services, on the Texas Local Government Purchasing Cooperative's purchasing program and award contracts for those items, whereby the Cooperative Members may be allowed to purchase those items from the Texas Local Government Purchasing Cooperative's contracts; and the Texas Local Government Purchasing 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. Section 2. That the City Council of the City of Grapevine, Texas does hereby authorize the City Manager or his designate 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. Section 3. That the execution of this Resolution shall evidence the election of the City of Grapevine, Texas to become a member of the Texas Local Government Purchasing Cooperative upon the terms and conditions stated. The City of Grapevine, Texas has, and at the time of adoption of this 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. Section 4. That this resolution take effect from and after the date of its passage and approval by the City Council. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 18th day of September, 2001. 0 a* jo -0001:01 ATTEST: RES. NO, 2 0 APPROVED AS TO FORM: RES. NO, INTERLOCAL PARTICIPATION AGREEMENT far the Texas Local Government Purchasing Cooperative This Interlocal Participation Agreement ("Agreement") is made and entered into by and between the Texas Local Government Purchasing Cooperative ("Cooperative"), an administrative agency of cooperating local governments, acting on its own behalf and the behalf of all participating local governments, and the undersigned local government of the State of Texas ("Cooperative Member"). The purpose of this Agreement is to facilitate compliance with state bidding requirements, to identify qualified vendors of commodities, goods and services, to relieve the burdens of the governmental purchasing function, and to realize the various potential economies, including administrative cost savings, for Cooperative Members. WITNESSETH: WHEREAS, the Cooperative Members are authorized by Chapter 791, et seq., The Interlocal Cooperation Act of the Government Code ("the i Act"), to agree with other local governments to form purchasing cooperatives; and WHEREAS, the Cooperative is an administrative agency of local governments cooperating in the discharge of their governmental functions; and WHEREAS, the Cooperative Member does hereby adopt the Organizational Interlocal Agreement, together with such amendments as may be made in the future, reflecting the evolving mission of the Cooperative and further agrees to become an additional party to that certain Organizational Interlocal Agreement promulgated on the 26th day of January, 1998. NOW BE IT RESOLVED that the undersigned Cooperative Member in consideration of the agreement of the Cooperative and the Cooperative Members to provide services as detailed herein does agree to the following terms, conditions, and general provisions. In return for the payment of the contributions and subject to all terms of this Agreement, the parties agree as follows: Adopt Organizational Interlocal Cooperation Agreement. The Cooperative Member by the adoption and execution of this Agreement hereby adopts and approves the Organizational Interlocal Agreement dated January 26, 1998, together with such amendments as may be made in the future and further agrees to become a Cooperative Member. 2. Term. The initial term of this Agreement shall commence at 12:01 a.m. on the date executed and signed and shall automatically renew for successive one-year terms unless sooner terminated in accordance with the provisions of this Agreement. The terms, conditions, and general provisions set forth below shall apply to the initial term and all renewals. 3. Termination. a. By the Cooperative Member. This Agreement may be terminated by the Cooperative Member at any time by thirty (30) days prior written notice to the Cooperative; provided all charges owed to the Cooperative and any vendor have been fully paid. b. By the Cooperative. The Cooperative may terminate this Agreement by: 1. Giving ten (10) days notice by certified mail to the Cooperative Member if the Cooperative Member fails or refuses to make the payments or contributions as herein provided; or 2. Giving thirty (30) days notice by certified mail to the Cooperative Member. C. Termination Procedure. If the Cooperative Member terminates its participation during the term of this Agreement or breaches this Agreement, or if the Cooperative terminates participation of the Cooperative Member under any provision of this Article, the Cooperative Member shall bear 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 Cooperative may seek the whole amount due, if any, from the terminated Cooperative Member. The Cooperative Member will not be entitled to a refund of membership dues paid. 4. Payments. a. The Cooperative Member agrees to pay membership fees based on a plan developed by the Cooperative. Membership fees are payable by Cooperative Member upon receipt of an invoice from the Cooperative, Cooperative Contractor or vendor. A late charge amounting to the maximum interest allowed by law, but not less than the rate of interest under Section 2251.021, et seq., Texas Government Code, shall begin to accrue daily on the 31 st day following the due date and continue to accrue until the contribution and late charges are paid in full. The Cooperative reserves the right to collect all funds that are due to the Cooperative in the event of termination by Cooperative Member or breach of this Agreement by Cooperative Member. b. The Cooperative Member will make timely payments to the vendor for the goods, materials and services received in accordance with the terms and conditions of the Invitation to Bid and related procurement documents. Payment for goods, materials and services and inspections and acceptance of goods, materials and services ordered by the procuring party shall be the exclusive obligation of the procuring Cooperative Member. 5. Cooperative Reporting. The Cooperative will provide periodic activity reports to the Cooperative Member. These reports may be modified from time to time as deemed appropriate by the Cooperative. 5 Administration. Cooperative Member will use the BuyBoard purchasing application in accordance with instruction from the Cooperative; discontinue use upon termination of participation; maintain confidentiality and prevent unauthorized use; maintain equipment, software and testing to operate the system at its own expense; report all purchase orders generated to Cooperative or its designee in accordance with instructions of the Cooperative; and make a final accounting to Cooperative upon termination of membership. 7. Amendments. The Board may amend this agreement, provided that notice is sent to each participant at least 60 days prior to the effective date of any change described in such amendment which, in the opinion of the Board, will have a material effect on the Cooperative Members participation in the Cooperative. GENERAL PROVISIONS Authorization to Participate. Each Cooperative Member represents and warrants that its governing body has duly authorized its participation in the Cooperative. 2. Bylaws. The Cooperative Member agrees to abide by the Bylaws of the Cooperative, as they may be amended, and any and all reasonable policies and procedures established by the Cooperative. 3. Compensation. The parties agree that the payments under this Agreement and all related exhibits and documents are amounts that fairly compensate the Cooperative for the services or functions performed under the Agreement, and that the portion of gross sales paid by participating vendors enables the Cooperative to pay the necessary licensing fees, marketing costs, and related expenses required to operate a statewide system of electronic commerce for the local governments of Texas. 4. Cooperation and Access. The Cooperative Member agrees that it will cooperate in compliance with any reasonable requests for information and/or records made by the Cooperative. The Cooperative reserves the right to audit the relevant records of any Cooperative Member. Any breach of this Article shall be considered material and shall make the Agreement subject to termination on ten (10) days written notice to the Cooperative Member. 6• Coordinator. The Cooperative Member agrees to appoint a program coordinator who shall have express authority to represent and bind the Cooperative Member, and the Cooperative will not be required to contact any other individual regarding program matters. Any notice to or any agreements with the coordinator shall be binding upon the Cooperative Member. The Cooperative Member reserves the right to change the coordinator as needed by giving written notice to the Cooperative. Such notice is not effective until actually received by the Cooperative. 6• Current Revenue. The Cooperative Member hereby warrants that all payments, contributions, fees, and disbursements required of it hereunder shall be made from current revenues budgeted and available to the Cooperative Member. 7. Defense and Prosecution of Claims. The Cooperative Member authorizes the Cooperative to regulate the commencement, defense, intervention, or participation in a judicial, administrative, or other governmental proceeding or in an arbitration, mediation, or any other form of alternative dispute resolution, or other appearances of the Cooperative and/or any past or current Cooperative Member in any litigation, claim or dispute, and to engage counsel and appropriate experts, in the Cooperative's sole discretion, with respect to such litigation, claim or disputes. The Cooperative Member does hereby agree that any suit brought against the Cooperative or a Cooperative Member may be defended in the name of the Cooperative or the Member by the counsel selected by the Cooperative, in its sole discretion, or its designee, on behalf of and at the expense of the Cooperative as necessary for the prosecution or defense of any litigation. Full cooperation by the Cooperative Member shall be extended to supply any information needed or helpful in such prosecution or defense. Subject to specific revocation, the Cooperative Member hereby designates the Cooperative to act as a class representative on its behalf in matters arising out of this Agreement. 8. Governance. The Board of Trustees (Board) will govern the Cooperative in accordance with the Bylaws. Travis County, Texas will be the location for filing any dispute, claim or lawsuit. 9. Limitations of Liability. COOPERATIVE, ITS ENDORSERS (TEXAS ASSOCIATION OF SCHOOL BOARDS, TEXAS ASSOCIATION OF COUNTIES, AND TEXAS MUNICIPAL LEAGUE) AND SERVICING CONTRACTOR (TEXAS ASSOCIATION OF SCHOOL BOARDS) DO NOT WARRANT THAT THE OPERATION OR USE OF COOPERATIVE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. COOPERATIVE, ITS ENDORSERS AND SERVICING CONTRACTORS, HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN REGARD TO ANY INFORMATION, PRODUCT OR SERVICE FURNISHED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE PARTIES AGREE THAT IN REGARD TO ANY AND ALL CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT, NEITHER PARTY SHALL BE LIABLE TO THE OTHER UNDER ANY CIRCUMSTANCES FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 10. Merger. This Interlocal Participation Agreement, Terms and Conditions, and General Provisions, together with the Bylaws, Organizational Interlocal Agreement, and Exhibits, represents the complete understanding of the Cooperative, and Cooperative Member electing to participate in the Cooperative. 11. Notice. Any written notice to the Cooperative shall be made by first class mail, postage prepaid, and delivered to the Associate Executive Director Financial Planning, Texas Association of School Boards, Inc., P.O. Box 400, Austin, Texas 78767-0400. 12. Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, and venue shall lie in Travis County, Texas. 13. Warranty. By the 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. IN WITNESS WHEREOF, the parties, acting through their duly authorized representatives, sign this Agreement as of the date indicated. TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE, as acting on behalf of all other Cooperative Members 11 Gerald Brashears, Cooperative Administrator City of Grapevine, Texas (Name of Local Government) Date: By: Date: Signature of authorized representative of Cooperative Member Bruno Rumbelow, Asst. City Manager Printed name and title of authorized representative Coordinator for the Cooperative Member is: Charles Dent, Purchasing Agent Name 501 Shady Brook Dr. Street Address Grapevine City Texas, 76051 (zip) 817.410.3335 Telephone 817.410.3066 Fax Char1esde@ci.grapevine.tx.us E-mail