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HomeMy WebLinkAboutRES 10-281 RESOLUTION NO.10-281 WHEREAS, Port Neches, Nederland, Groves, and Beaumont have all determined a need for a cooperative agreement to purchase like goods and services to avoid duplicate procurement efforts and obtain the benefits of volume purchasing; and, WHEREAS, Port Neches, Nederland,Groves,and Beaumont are authorized by Section 271.102 of the Local Government Code to pursue mutually beneficial and cooperative purchasing programs; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, That the City Manager be and he is hereby authorized to execute an interlocal agreement with the cities of Port Neches, Nederland and Groves to purchase like goods and services, substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes PASSED BY THE CITY COUNCIL of the City of Beaumont this the 2nd day of November, 2010. . ►•� �►�� '% i of, � - lVayor Becky Ames - 4 i a� Cooperative Purchase Interlocal Agreement—DRAFT COOPERATIVE PURCHASING 1NTERLOCAL AGREEMENT This Cooperative Purchasing Interlocal Agreement("Agreement")is made and entered into as of the date written below between the Cities of Port Neches,Nederland,Groves,and Beaumont,Texas. WHEREAS,Port Neches,Nederland,Groves,and Beaumont have all determined a need for a cooperative agreement to purchase like goods and services to avoid duplicate procurement efforts and obtain the benefits of volume purchasing;and WHEREAS,Port Neches,Nederland,Groves,and Beaumont are authorized by Section 271.102 of the Local Government Code to pursue mutually beneficial and cooperative purchasing programs; NOW,THEREFORE,for and in consideration of the mutual obligations and benefits contained herein, Port Neches,Nederland,Groves,and Beaumont agree as follows: SECTION 1.The purpose of this Agreement is to enable Port Neches, Nederland,Groves,and Beaumont to purchase like goods,services,contracts and to avoid duplicate procurement efforts and obtain the benefits of volume purchasing by satisfying the provisions of Section 271.102 of the Local Government Code. SECTION 2. The parties agree that each of the parties shall respectively designate a person to act under the direction of,and on behalf of,the entity.("Designated Representative"). SECTION 3. At the request of the other party,a party that enters into a contract with a vendor for goods or services(the"First Purchasing Party")shall attempt to obtain the vendor's agreement to offer those goods and services to the other party(the"Second Purchasing Party")for the same price and on the same terms and conditions as have been offered to the First Purchasing Party.If the vendor so agrees, and if the Second Purchasing Party is agreeable to such terms and conditions,the Second Purchasing Party may enter into its own separate contract with the vendor for the purchase of such goods or services.The First Purchasing Party shall be responsible for any bidding process that may be required for a particular purchase. SECTION 4.Unless otherwise agreed between the Designated Representatives,payments for a purchase made by the Second Purchasing Party shall be paid directly to the vendor and not to the First Purchasing Party.The Second Purchasing Party shall have the responsibility of determining whether the vendor has complied with any provisions in its contract with the vendor, including but not limited to those relating to the quality of items and terms of delivery,and shall be responsible for enforcement of its contract against the vendor,including all cost of enforcement. Each party must make payments for purchases from current revenues available to the paying party. SECTION 5.This Agreement will be subject to all applicable federal,state and local laws,ordinances, rules and regulations. SECTION 6.This Agreement is for a twelve month term and renews annually. it may be terminated by any party,without cause or penalty, upon not less than thirty days written notice to the other parties; 1 EXHIBIT"A" Cooperative Purchase Intedocal Agreement—DRAFT except that if one party elects to terminate its participation this agreement will continue as to the remaining parties unless and until they terminate. SECTION 7.The parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. SECTION 8.If any term or provision of this Agreement is held to be illegal,invalid or unenforceable,the legality,validity or enforceability of the remaining terms or provisions of this Agreement shall not be affected thereby,and in lieu of each such illegal, invalid or unenforceable term or provision,the parties shall endeavor to agree to a legal,valid or enforceable term or provision as similar as possible to the term or provisions declared illegal,invalid or unenforceable. SECTION 9.Execution of this Agreement does not obligate Port Neches, Nederland,Groves,or Beaumont to make any purchase,to pay any membership fee or to otherwise or in any manner incur any cost or obligation. SECTION 10.This Agreement may be executed in multiple counterparts, each of which shall be deemed an original,and all of which shall constitute but one and the same instrument. SECTION 11.The undersigned officers and/or agents are properly authorized to execute this Agreement on behalf of the parties hereto and each party hereby certifies to the other that any necessary actions extending such authority have been duly passed and are now in full force and effect. SECTION 12. All notices,requests, demands,and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof,as the case may be,if delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid,to the respective city representative set out below,or his/her designee. 2 Cooperative Purchase Interlocal Agreement—DRAFT The terms and conditions of the foregoing Interlocal Agreement are hereby approved and adopted this the day of 2010. CITY OF BEAUMONT,TEXAS By: Title: City Manager 3