HomeMy WebLinkAboutItem 06.kOctober 21, 2013 Item No.
INTERLOCAL CONTRACT FOR COOPERATIVE PURCHASING
Proposed Action
Staff recommends adoption of the following motion: Move to approve the Interlocal
Contract for Cooperative Purchasing
Approval of the motion will result in approval of the Interlocal Contract for Cooperative
Purchasing Agreement to enable purchase of a fire truck through cooperative purchasing
program.
Overview
The 2014 Equipment Fund 'budget provides $700,000 for replacement of a 1988 aerial ladder
fire truck. The Interlocal Contract for Cooperative Purchasing is a "Government -to-
Government" 'procurement service available nationwide that has developed specifications
and taken bids for fire trucks and equipment. There are no fees to join the Cooperative. The
Cooperative is a way to expedited procurement process and relieves the staff of the complex
process of developing specifications. Staff is however responsible for review of Cooperative
specifications to ensure that the fire vehicles meet or exceed Lakeville needs and
requirements.
Primary Issues to Consider
• Legality. The Contract and joint purchasing process meets Minnesota statute
requirements.
Supporting Information
Mike Meyer
Fire Chief
Financial Impact: to be determined through oint purchasing process Budget — Yes
Related Documents (CIP, ERP, etc.):
Notes:
INTERLOCAL CONTRACT ILC
THE sM]kr raacHa.nxo soturroH FOR COOPERATIVE PURCHASING No.:
Permanent Nambc, assipn d by H -GAC
THIS INTERLOCAL CONTRACT ( "Conti act"), 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 aregional planning commission and political subdivision of the State of Texas operatingunder 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 Userhas represented that it is an eligible entity under the Act, that its governing body has authorized this Contract on
* (Date), and that it desires to contract with H -GAC on the terms set forth below;
Na;ea THEREFORE, H -:3AC and the End User do hereby agree as fcl;ows:
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, and
ordinances and laws in effect or promulgated dining the term of this Contact.
ARTICLE 3: WHOLE AGREEMENT
This Contract and any attachments, as provided herein, constitute the complete eontraetbebveen 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 * 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 heynald the fiscal year in which - obligation waa incurred under this (lnntrart,
ARTICLE 5: SCOPE OF SERVICES
The End User appoints 1 -I -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 corn and by submission of any duly
executed purchase order, in the form prescribed by H -GAC to a connector 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)
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 fu11 amount of the invoice. All payments for goods or services will be made from current revenues available to d epaying
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 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 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 anytime 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 -CAC'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 MA.IEURE
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 nraieure shall
rest solely with H -GAC.
ARTICLE I1: 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:
Nameof End Usei (loralgovem"ient, agency, mvzoupe)frtc(irporatmn)
Mailing Address
City State ZIP Code
*p
Signature of chief elected or appointed official
Typed Name & Title of Signatory Dale
Houston- Galveston Area Council
3555 Timmons Lane, Suite 120, Houston, TX 77027
Executive Director
Manager
Date:
*Denotes required, fields
rev. 03/11
*Request for Information
To expedite service, please complete the following blanks relevant to your agency's admrrnsnative /electiw
personnel and return the completed for to H -GA(,, Cooperative Purchasing Program
P.O. Box 22777 Houston TX 77227 -2777.
Name of End User Agency: County Name:
(Mamicipality/Count) /etc.)
Mailing Address:
(Street Address /P.O. Box) (City) (State) (ZIP Code)
Main Telephone Number: FAX Number:
Physical Address
(Street Address, if di)ferent from mailing address) (00) (State) (7IP Code)
Web Site Address:
Official Contact: Title:
(Point of Contact for HGACBuy Interlocal Contract ) Ph No.:
Mailing Address: Fx No.
(Street Address /P.O. Box) E -Mail Address:
(Slate) (ZiP Code)
Authorized Official:
Mailing Address:
(M(yor /City Manager /Executive Director etc.)
(Street Address /O.O. Box)
(City) (State) (7IP Code)
Official Contact:
Mailing Address:
(Purchasing Agent/Auditor etc.)
(StreetAddress /O.O. Box)
(City) (State) (ZIP Code)
Official Contact:
Mailing Address:
(Public Works Director /Police Chief etc)
(Street Address /O.O. Box)
Title:
Ph No.:
Fx No.:
E -Mail Address:
Title:
Ph No.:
Fx No.
E -Mail Address:
Title:
Ph No.:
Fx No.
E -Mail Address:
(Cif) (State) (ZIP Code)
Official Contact: Title:
Mailing Address:
(EMS Director /Fire Chief etc)
(Street Address /O.O. Box)
(City) (State) (ZIP Code)
Ph No.:
Fx No.
E -Mail Address:
x denotes required fields