HomeMy WebLinkAboutPR 20253: JONING GOODBUY PURCHASING PROGRAM ESC REGION 2 .
City of
ort rthuic
Texas
INTEROFFICE MEMORA N D U M
Date: May 1, 2018
To: The Honorable Mayor and City Council
Through: Harvey Robinson, Interim City Manager
From: Clifton Williams, Purchasing Manager
RE: PR 20253—Joining GoodBuy Purchasing Program ESC Region 2
Introduction:
The intent of this Agenda Item is to seek City Council's approval to enter the City of Port
Arthur into an Interlocal Agreement with GoodBuy Purchasing Program of the Education
Service Center Region 2. cooperative purchasing without formal bidding pursuant to the
authority granted by Chapter 791, Section 791.025 Government Code,V.T.C.A.
Background:
Goodbuy Purchasing Program of the Education Service Center Region 2 is a cooperative
purchasing program that was created in 1992 to offer its membership a unique and beneficial
opportunity to purchase goods and services from contracts that meet all state and federal
competitive bidding requirements, saving valuable time and resources in the process. Open to
any state and local governments, private and parochial schools, colleges, and universities.
Goodbuy Purchasing Program is a co-op that the City can benefit greatly by joining and
purchasing from.
Budget Impact:
No cost to join GoodBuy Purchasing Cooperative Program
Recommendation:
It is recommended that City Council adopt Proposed Resolution No. 20253, which authorizes
City Manager to enter into an Interlocal Agreement with GoodBuy for cooperative purchasing.
"Remember,we are here to serve the Citizens of Port Arthur"
P.R. No. 20253
05/1/18 YSG
PAGE 1
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY OF PORT ARTHUR
TO PARTICIPATE IN AN INTERLOCAL AGREEMENT FOR
COOPERATIVE PURCHASING WITH GOODBUY PURCHASING
COOPERATIVE OF THE EDUCATION SERVICE CENTER,
REGION 2
WHEREAS, the City Council of the City of Port Arthur, Texas pursuant to the
authority granted by Chapter 791 Section 791.025 Government Code, V.T.C.A., as
amended,desires to participate in the described Local Government Purchasing Cooperative
—GoodBuy Purchasing Cooperative of the Education Services Center, Region 2, 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 an Interlocal Participation
Agreement, between the City and the Local Government Purchasing Cooperative —
GoodBuy Purchasing Cooperative substantially the same form as described in Exhibit"A".
THAT,the City Council of the City of Port Arthur requests that the GoodBuy
Purchasing Cooperative of the Education Service Center,Region 2 include the City's desire
to purchase products from the annual contract currently available or that will be available
through the program; and
P.R. No. 20253
05/1/18 YSG
PAGE 2
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 May 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:
Mayor
ATTEST:
Sherri Bellard, City Secretary
ifOVED TO FORM:
1
/ /
Valecia Tizen•r ity • , .r
t/
P.R. No. 20253
05/1/18 YSG
PAGE 3
APPROVED FOR ADMINISTRATION:
Harvey Robinson, Interim City Manger
An rew Vasqu z, CPA, Director of Finance
Clifton Williams, CPPB, Purchasing Manager
Exhibit "A"
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Purchasing Program of the Education Service Center,Region 2
Interlocal Participation Agreement for the Goodbuv Purchasing Cooperative
This Interlocal Participation Agreement is entered into by and between the Goodbuy Purchasing Cooperative,
and the Education Service Center, Region 2, a state agency of cooperating local governments, acting on its
own behalf of all participating local governments, and the undersigned local government of the State of Texas
(Program Member). Herein, referred to as Goodbuy.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 Program Members.
Witnesseth:
WHEREAS,the Program Members are authorized by the Texas Government Code, Chapter 791, et seq., of the
Interlocal Cooperation Act of the Government Code ("the Act"), to agree with other local governments to form
Cooperative Purchasing Programs;and
WHEREAS,the Education Service Center, Region 2 is an administrative agency of local governments
cooperating in the discharge of their governmental functions;and
WHEREAS, the Program Member does hereby adopt the Interlocal Participation Agreement, and such further
amendments as may be made in the future, reflecting the evolving mission of Goodbuy and further agrees to
become an additional party to that certain Interlocal Agreement.
NOW BE IT RESOLVED that the undersigned Program Member in consideration of the agreement of the
Goodbuy Purchasing Cooperative and the Program Members to provide services as detailed in this agreement
does hereby 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:
TERMS AND CONDITIONS
1. Adopt Interlocal Cooperation Participation Agreement:
The Program Member by the adoption and execution of this Agreement hereby adopts and approves the
Interlocal Participation Agreement.
2. Term:
This Agreement shall automatically renew for successive one-year terms unless sooner terminated in
accordance with the provisions of this Agreement.The conditions set forth below shall apply to the initial term
and all renewals.
3. Termination:
(a) By the Program Member:This Agreement may be terminated by the Program Member at any time
by thirty(30)days prior written notice to Goodbuy;
(b) By the Program:The Program may terminate this Agreement by giving thirty (30)days notice by
certified mail to the Program Member if the Program Member fails to abide by this Agreement, or by
state laws of the State of Texas or any procedure of the Program.
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Purchasing Program of the Education Service Center,Region 2
(c) Termination Procedure: If the Program Member terminates its participation during the term of this
Agreement or breaches this Agreement,or if Goodbuy terminates participation of the Program
Member under any provision of this Article,the Program Member shall bear the full financial
responsibility for any purchases by the Program Member occurring after the termination date.
4. Program Reporting:
The Program Member shall provide monthly activity reports to Goodbuy(all purchases conducted through
Cooperative contracts).These reports may be modified from time to time as deemed appropriate by Goodbuy.
GENERAL PROVISIONS
1. Authorization to Participate:
Each Program Member represents and warrants that its governing body has duly authorized its participation in
the Goodbuy Purchasing Cooperative.
2. State Laws:
The Program Member and Goodbuy agree to abide by the State of Texas laws governing the Purchasing
Cooperative, as they may be amended, and any and all reasonable policies and procedures established by the
Program.
3. Cooperation and Access:
The Program Member and Goodbuy agree that they will cooperate in compliance with any reasonable
requests for information and/or records made by Goodbuy or the Program Member. Goodbuy reserves the
right to audit the relevant records of any Program Member, and vice-versa. 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 Program Member.
4. Coordinator:
The Program Member agrees to appoint a program coordinator who shall have expressed authority to
represent the Program Member, and Goodbuy will not be required to contact any other individual regarding
program matters.Any notice to the coordinator shall be binding upon the Program Member.The Program
Member reserves the right to change the coordinator as needed by giving written notice to the Goodbuy
Administrator within 10 days. Such notice is not effective until received by Goodbuy.
5. Defense and Prosecution of Claims:
The Program Member authorizes Goodbuy to regulate the commencement, defense, intervention,or
participate in a judicial,administrative, or other governmental proceedings or in an arbitration, mediation,or
any other form of alternative dispute resolution,or other appearances of Goodbuy and/or any past or current
Program Member in any litigation, claim or dispute,and to engage counsel and appropriate experts, at the
Program's sole discretion,with respect to such litigation, claims or disputes.The Program Member does hereby
agree that any suit brought against Goodbuy or a Program Member may be defended in the name of
Goodbuy or the Member by the counsel selected by Goodbuy, at its sole discretion, or its designee,on behalf
of and at the expense of Goodbuy as necessary for the prosecution of any litigation. The Texas School Law
Bulletin,2012 Edition-page 33, Section 8.006 Immunity from Liability: An employee or volunteer of a regional
education service center is immune from liability to the same extent as an employee or volunteer of a school
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IIIIN Purchasing Program of the Education Service Center.Region 2
district (added by Acts 1997-75th leg. ch.268, 1 eff. May 26, 1997). Full cooperation by the Program Member
shall be extended to supply any information needed or helpful in such prosecution or defense. Subject to
specific revocation,the Program Member hereby designates Goodbuy to act as a class representative on its
behalf in matters rising out of this Agreement.
6. Governance:
Goodbuy shall be governed by a Board of Trustees ("Board") for the Education Service Center, Region 2, in
accordance with the laws of the State of Texas.
7. Limitations of Liability:
PROGRAM, ITS ENDORSERS AND SERVICING CONTRACTORS, DO NOT WARRANT THAT THE OPERATION OR USE
OF PROGRAM SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
8. Warranty:
THE GOODBUY PURCHASING 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 AGREEMET, 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.
9. Merger:
The Interlocal Participation Agreement, Board Resolution,Terms and Conditions,and General Provisions
represent the complete understanding of the Goodbuy Purchasing Cooperative, and Program Member
electing to participate in the Program.
10. Notice:
Any written notice to the Goodbuy Purchasing Cooperative shall be made by first class mail, postage prepaid,
and delivered to: Goodbuy Bid Administrator, Education Service Center, Region 2, 209 North Water Street.,
Room 1-09, Corpus Christi,Texas 78401-2528.
11. Venue:
This Agreement shall be governed by, and construed in accordance with,the laws of the State of Texas, and
venue shall lie in Nueces County,Texas.
12. 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.
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Purchasing Program of the Education Service Center,Region 2
IN WITNESS WHEREOF,the parties, acting through their duly authorized representatives;
TO BE COMPLETED BY THE GOODBUY PURCHASING COOPERATIVE,as acting on behalf of all other Program
Members
By: _Date:
Melanie Canedo, MBA Goodbuy Relations Representative
(Name of Local Government)
By: Date:
(Signature o f authorized representative of Program Member)
Coordinator for the Program Member:
Name:
Street Address:
City,State,Zip:
Telephone:
Fax:
Email:
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