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Home My WebLink AboutPR 20054: INTERLOCAL AGREEMENT FOR PURCHASING ALLIANCE (NATIONAL IPA) PURCHASING PROGRAM P.R. No. 20054 04/12/18 CEWJ PAGE 1 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY OF PORT ARTHUR TO PARTICIPATE IN AN INTERLOCAL AGREEMENT FOR COOPERATIVE PURCHASING WITH NATIONAL INTERGOVENMENTAL PURCHASING ALLIANCE (NATIONAL IPA) COOPERATIVE PURCHASING PROGRAM WHEREAS,the City of the City of Port Arthur, has determined a need for a cooperative agreement to purchase like goods and services to avoid duplicate procurement efforts and obtain the benefits of volume purchase; and WHEREAS, the City Council of the City of Port Arthur, Texas is authorized by Section 271.102 Texas Local Government Code to pursue mutually beneficial and cooperative purchasing programs; and WHEREAS, the Purchasing Department desires to participate in the described Local Government Purchasing Cooperative—National Intergovernmental Purchasing Alliance (National IPA) Cooperative Purchasing Program, and WHEREAS, the City Council is of the opinion that participation in this program will be highly beneficial to taxpayers of this City,through the anticipated savings to be realized: now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT,the City Manager of the City of Port Arthur is hereby authorized and directed to execute on behalf of the City of Port Arthur a Master Intergovernmental Cooperative Purchasing Agreement,between the City and the Local Government Purchasing Cooperative—National Intergovernmental Purchasing Alliance(National IPA), in substantially the same form as described in Exhibit"A". THAT, the City Council of the City of Port Arthur requests that the Local Government Purchasing Cooperative National IPA Purchasing Program include the P.R. No. 20054 04/12/18 CEWJ PAGE 2 City's desire to purchase products from the annual contract currently available or that will be available through the program; and that the City Manager or his designee, is authorized and directed to sign and deliver all necessary request and other documents in connection therewith for and on behalf of the City of Port Arthur. THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED, AND APPROVED,this day of April A. D.. 2018 at a Regular Meeting of the City Council of the City of Port Arthur. Texas. by the following vote: AYES: Mayor Councilmembers: NOES: Derrick Ford Freeman. Manor ATTEST: Sherri Bellard, City Secretary APPROVED TO FORM: V ecia Tizeno, Ci Attorney P.R. No. 20054 04/12/18 CEWJ PAGE 3 APPROVED FOR ADMINISTRATION: Harvey Robinson, City Manger ZA 1/,,,- _____ Andrew Vasquez, CPA, Director of Finance �� . Clift Williams, CPPB, Purchasing Manager NATIONALIPA MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT This Master Intergovernmental Cooperative Purchasing Agreement(this"Agreement") is entered into by and between those certain government agencies that execute a Principal Procurement Agency Certificate ("Principal Procurement Agenci{q") with National Intergovernmental Purchasing Alliance Company ("National IPA") to be appended and made a part hereof and such other public agencies("Participating Public Agggsigg")who register to participate in the cooperative purchasing programs administered by National IPA and its affiliates and subsidiaries (collectively, the "National IPA Parties") by either registering on a National IPA Party website(such as www.nationalipa.org),or by executing a copy of this Agreement. RECITALS WHEREAS, after a competitive solicitation and selection process by Principal Procurement Agencies, a number of suppliers have entered into "Master Agreement" (herein so called) to provide a variety of goods, products and services ("Products")to the applicable Principal Procurement Agency and the Participating Public Agencies; WHEREAS, Master Agreements are made available by Principal Procurement Agencies through the National IPA Parties and provide that Participating Public Agencies may purchase Products on the same terms, conditions and pricing as the Principal Procurement Agency, subject to any applicable federal and/or local purchasing ordinances and the laws of the State of purchase; and WHEREAS, in addition to Master Agreements, the National IPA Parties may from time to time offer Participating Public Agencies the opportunity to acquire Products through other group purchasing agreements. NOW,THEREFORE, in consideration of the mutual promises contained in this Agreement, and of the mutual benefits to result,the parties hereby agree as follows: 1. Each party will facilitate the cooperative procurement of Products. 2. The Participating Public Agencies shall procure Products in accordance with and subject to the relevant federal,state and local statutes, ordinances,rules and regulations that govern Participating Public Agency's procurement practices.The Participating Public Agencies hereby acknowledge and agree that it is the intent of the parties that all provisions of this Agreement and that Principal Procurement Agencies' participation in the program described herein comply with all applicable laws, including but not limited to the requirements of 42 C.F.R. § 1001.952(h),as may be amended from time to time. The Participating Public Agencies further acknowledge and agree that they are solely responsible for their compliance with all applicable"safe harbor" regulations, including but not limited to any and all obligations to fully and accurately report discounts and incentives. 3. The Participating Public Agency represents and warrants that the Participating Public Agency is not a hospital and is not purchasing Products on behalf of a hospital. 2017 Template(02.22.17) 4. The cooperative use of Master Agreements shall be in accordance with the terms and conditions of the Master Agreements, except as modification of those terms and conditions is otherwise required by applicable federal, state or local law. 5. The Principal Procurement Agencies will make available, upon reasonable request, Master Agreement information which may assist in improving the procurement of Products by the Participating Public Agencies. 6. The Participating Public Agency agrees the National IPA Parties may provide access to group purchasing organization ("MQ") agreements directly or indirectly by enrolling the Participating Public Agency in another GPO's purchasing program, including but not limited to Vizient Source, LLC, Provista, Inc. and other National IPA affiliates and subsidiaries; provided the purchase of Products through a National IPA Party or any other GPO shall be at the Participating Public Agency's sole discretion. 7. The Participating Public Agencies (each a "Procuring Party") that procure Products through any Master Agreement or GPO Product supply agreement (each a"GPO Contract")will make timely payments to the distributor, manufacturer or other vendor (collectively, ",Sunnlier") for Products received in accordance with the terms and conditions of the Master Agreement or GPO Contract,as applicable. Payment for Products and inspections and acceptance of Products ordered by the Procuring Party shall be the exclusive obligation of such Procuring Party. Disputes between Procuring Party and any Supplier shall be resolved in accordance with the law and venue rules of the State of purchase unless otherwise agreed to by the Procuring Party and Supplier. 8. The Procuring Party shall not use this Agreement as a method for obtaining additional concessions or reduced prices for similar products or services. 9. The Procuring Party shall be responsible for the ordering of Products under this Agreement. A non- procuring party shall not be liable in any fashion for any violation by a Procuring Party,and,to the extent permitted by applicable law, the Procuring Party shall hold non-procuring party harmless from any liability that may arise from the acts or omissions of the Procuring Party. 10. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE NATIONAL IPA PARTIES EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES REGARDING ANY PRODUCT, MASTER AGREEMENT AND GPO CONTRACT. THE NATIONAL IPA PARTIES SHALL NOT BE LIABLE IN ANY WAY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR RELIANCE DAMAGES, EVEN IF THE NATIONAL IPA PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, THE PROCURING PARTY ACKNOWLEDGES AND AGREES THAT THE NATIONAL IPA PARTIES SHALL HAVE NO LIABILITY FOR ANY ACT OR OMISSION BY A SUPPLIER OR OTHER PARTY UNDER A MASTER AGREEMENT OR GPO CONTRACT. 11. This Agreement shall remain in effect until termination by a party giving thirty (30) days' written notice to the other party. The provisions of Paragraphs 6 - 10 hereof shall survive any such termination. 20 17 Template(02.22.17) 12. This Agreement shall take effect upon (i) execution of the Principal Procurement Agency Certificate, or (ii) the registration on a National IPA Party website or the execution of this Agreement by a Participating Public Agency, as applicable. Authorized Signature, Participating Public Agency Natioial Intergovernmental Purchasing Alliance Coma - Signature Signature Ward H. Brown Name Name Chief Operating Officer Title and Agency Name Title Date Date 2017 Template(02.22.17)