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HomeMy WebLinkAboutPR 12004:COOPERATIVE PURCHASINGTO: FROM: DATE: SUBJECT: Memorandum City of Port Arthur, Texas Finance Department Stephen Fitzgibbons, City Manager Joseph Broussard, Purchasing Coordinator November 19, 2002 Proposed Resolution No. 12004 RECOMMENDATION The Purchasing Division request the Council's authorization and approval to enter the City of Port Arthur into an Interlocal Agreement with BuyBoard for cooperative purchasing without formal bidding pursuant to the authority granted by Chapter 791, Section 791.025 Government Code, V.T.C.A. BACKGROUND BuyBoard is a cooperative purchasing program located in Austin, Texas and open to all local governments, nonprofits, and other political subdivisions of the State of Texas. The cooperative is administered by the Texas Association of School Boards and is endorsed by the Texas Municipal League and the Texas Association of Counties. The City can benefit greatly by joining BuyBoard and purchasing from them. BUDGETARY AND FISCAL EFFECT The annual membership is $200. The fee covers fi.om September through August. STAFFING EFFECT None SUMMARY The Purchasing Division request Council's authorization and approval to join BuyBoard and purchase fi.om it without formal bidding. New Users Benefits Page 1 of 1 About Us Benefits How to Join FAQs Demo Back to New Users Benefits start buying today. Once you've joined the BuyBoard, you can begin purchasing what you need, for less, right away. Eliminate bidding. What if you could gain back all the minutes that you devote to the bidding process? By buying on the BuyBoard, you transfer the job of following state competitive bidding statutes to us. You simply locate what you want and buy it. Save money. We're able to save you money by pooling the impressive purchasing power of our members, which include hundreds of school districts, municipalities, counties, other local governments, and nonprofits across Texas. We use the power of numbers as leverage to get you better prices at the same vendors you use now. And you don't have to buy on line at the BuyBoard to save. Just joining the purchasing cooperative gives you those savings. Make your job much easier. If you buy on line at buyboard.com, you enjoy the ease of one-stop shopping. The products from your regular vendors, and many more. Take advantage of technology. Because the purchasing process is automated, as your staff make purchases, an audit trail is created, and each staff member is issued a security role so the purchasing process is not compromised. There is no downside! Take a few moments, travel out to our demo, and take a look around. You'll wish you'd found out about the BuyBoard much sooner. Give us a call at 800-695- 2919. We'd be happy to answer all your questions. Feedback to buyboard~tasb,org BuyBoard On-Line Purchasing P.O. Box 400 Austin, Texas 78767-0400 800-695-2919 · Fax: 800-211-5454 http://www.tasb, org/buyboard/new_usersPoenefit s. shtml 11/22/02 New Users How to Join Page 1 of 1 About Us Benefits How to Join FAQs Demo Back to New Users How to Join The Cooperative is open to all local governments, nonprofits, and other political subdivisions of the state of Texas. School districts must be a member of TASB to participate. Membership is as easy as completing and returning the interlocal agreement and having your governing board adopt the board resolution included with the interlocal. Your entity can join the Cooperative at any time. The annual membership fee is $200. It covers the period September through August and will be billed to members in September of each year. Any member joining in June, July, or August will not be billed the membership fee until September. When you join, you can begin using the BuyBoard immediately and start saving money and time right away. Bylaws (For Reference Only) Interlocal Agreement Organizational Interlocal Agreement (For Reference Only) Board Resolution A few of the products available... Athletic/PE Equipment Automotive Products Carpet and Floor Tile Computers/Technology/ Software Electronic/Audio-Visual Equipment First-Aid Supplies Furniture (Office, School, Library) Food Services Supplies Grounds Maintenance Equipment Instructional and Teaching Supplies Library and Instructional Books Modular Buildings MRO Supplies Office Supplies Paper Playground Equipment Sewer and Street Cleaning Equipment Uniforms Vehicles Feedback to buyboard~asb.org BuyBoard On-Line Purchasing P.O. Box 400 Austin, Texas 78767-0400 800-695-2919 · Fax: 800-211-5454 http ://www.tasb. org/buyboard/new_users/howt oj oin, shtml 11/22/02 P.R. No. 12004 11/19/02 YS PAGE 1 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY OF PORT ARTHUR TO PARTICIPATE IN AN INTERLOCAL AGREEMENT FOR COOPERATIVE PURCHASING WITH BUYBOARD COOPERATIVE PURCHASING PROGRAM 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 - BuyBoard 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 an Interlocal Participation Agreement, between the City and the Local Government Purchasing Cooperative - BuyBoard Cooperative Purchasing Program in substantially the same form as described in Exhibit "A" which includes the adoption and approval of the Organizational lnterlocal Agreement attached hereto as Exhibit "B" THAT, the City Council of the City of Port Arthur requests that the Local Government Purchasing Cooperative BuyBoard Purchasing Program include the 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 P.R. No. 12004 11/19/02 YS PAGE 2 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 2002 at of Port Arthur, Texas, by the following vote: day of November A. D., Meeting of the City Council of the City AYES: Mayor Councilmembers: NOES: ATTEST: Mayor Evangeline "Van" Green, City Secretary APPROVED TO FORM: Mark Sokolow, City Attorney P.R. No. 12004 11/19/02 YS PAGE 3 APPROVED FOR ADMiNISTRATION: Steve Fitzgibbons, City Manger Rebecca Underhill, Director of Finance Interlocal Agreement Page 1 of 5 EXHIBIT "A" INTERLOCAL PARTICIPATION AGREEMENT for 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 Intedocal Cooperation Act of the Government Code ("the 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: TERMS AND CONDITIONS 1. 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. lnterlocal Agreement Page 2 of 5 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: 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. 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 Memb(.~r will not be entitled to a refund of membership dues paid. 4. Payments. 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. 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. Cooperative Reporting. The Cooperative will provi¢',e periodic activity reports to the Cooperative Member. These reports may be modified from time to time as deemed appropriate by the Cooperative. Administration. Cooperative Member will use the BuyBoard purchasing application in Interlocal Agreement Page 3 of 5 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. Amendments. The Board may amend this agreement, provided that notice is sent to each participant at least 60 days prior to the effective d ate 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 1. Authorization to Participate. Each Cooperative Member represents and warrants that its governing body has duly authorized its participation in the Cooperative. 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. 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. 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. 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. ?. 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, Interlocal Agreement Page 4 ol 5 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. 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 CONTF:ACTORS, 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 b~ 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, Tex~s 78767-0400. 12. Venue. This Agreement shall be governed by and construed ir~ 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, Interlocal Agreement Page 5 or'> sign this Agreement as of the date indicated. TO BE COMPLETED BY THE COOPERATIVE: TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE, as acting on behalf of all other Cooperative Members By: Date: Gerald Brashears, Cooperative Administrator TO BE COMPLETED BY COOPERATIVE MEMBER: (Name of Local Government) By: Date: .... Signature of authorized representative of Cooperative Member Printed name and title of authorized representative Coordinator for the Cooperative Member is: Name Street Address City Texas, (zip) Telephone Fax E-mail Organizational Interlocal Aggreement ORGANIZATIONAL INTERLOCAL AGREEMENT of the Texas Local Government Statewide Purchasing Cooperative Page 1 of 3 EXHIBIT "B" STATE OF TEXAS § COUNTY OF TRAVIS § This Organizational Intedocal Agreement ("Agreement"), effective the 26th day of January, 1998, and executed by and among the Rockdale lSD, the Lockhart lSD, the New Braunfels lSD, and the Hays Consolidated lSD, collectively referred to as the "Organizing Local Governments," and any other local government of the State of Texas that becomes a party hereto (who, together with the Organizing Local Governments, shall be collectively referred to as "Cooperative Members") and do hereby organize and create the Texas Local Government Statewide Purchasing Cooperative (Cooperative), an administrative agency created in accordance with Section 791.001 et seq. of the Texas Government Code ("the Act"); and, in accordance with these recitals: WITNESSETH WHEREAS, the Organizing Local Governments wish to create, in accordance with applicable Texas law, a purchasing cooperative to serve all participating local governments through the creation of a purchasing cooperative to assist Cooperative Members in compliance with state bidding requirements, in identifying qualified vendors of commodities, goods and services, in relieving the burdens of the governmental purchasing function, and to realize the various potential economies, including administrative cost savings; and WHEREAS, the Organizing Local Governments, acting in accordance with the Interlocal Cooperation Act (the "lnterlocal Act"), Chapter 791, Texas Government Code, as amended, to cooperatively create the Cooperative for the purpose of fulfilling their respective public and governmental purposes, needs, objectives and programs; and WHEREAS, the Organizing Local Governments have additionally determined that other local governments qualified to do so should be permitted to join with them through execution of a Interlocal Participation Agreement, as parties to this Agreement, in order to fulfill their own respective public purposes by participation in the Cooperative; NOW, THEREFORE, the Organizing Local Governments and such additional local governments as assent hereto, have agreed, and hereby do agree upon the following terms and conditions, to participate in the Cooperative: Article 1. Purposes of Cooperative. (a) The Organizing Local Governments hereby agree to create the Cooperative for their benefit and for the benefit of other Cooperative Members. (b) Cooperative shall be administered in accordance with and subject to the terms of this http ://www.t asb.org/buyboard/new_users/org_agreement.html 11/22/02 Organizational Interlocal Aggreement Page 2 of 3 Agreement, its Bylaws, and other documents necessary to implement and carry out the purpose of the Cooperative. (c) The purpose of the Cooperative is to obtain the benefits and efficiencies that can accrue to Cooperative Members by cooperating in the development of a concerted effort to comply with state bidding requirements, identification of qualified vendors of commodities, goods and services, relieving the burdens of the governmental purchasing function, and to realize the various potential economies, including administrative cost savings, for Cooperative Members. Article 2. Governance. Cooperative shall be governed and managed by its Board in accordance with the Bylaws of Cooperative. Article 3. Powers and Duties. The Organizing Local Governments and other Cooperative Members designate Cooperative as their administrative agency under the Act to administer the various programs selected by Cooperative Members. The Organizing Local Governments hereby authorize the initial Board and the TASB Board to adopt the Cooperative Bylaws. Article 4. Obligations of Cooperative Members. (a) No Cooperative Member shall ever be liable to pay or be responsible for payment of any sum of money to Cooperative or to any other Cooperative Member or to any other person or party solely by reason of its execution of this Agreement. (b) Any obligation of a Cooperative Member to pay any money to Cooperative under this Agreement shall arise only under the terms and provisions of a separate contract, agreement, or instrument (generally referred to as an Interlocal Participation Agreement) that has been formally and specifically approved by the governing body of the Cooperative Member, and which specifically states the purpose, terms, rights, and duties of the contracting parties. Article 5. Additional Parties. Any local government, as defined in the Act, may become a party to this Agreement by the execution of an Interlocal Participation Agreement adopting this Agreement and electing to become a Cooperative Member. Article 6. Term. The term of this Agreement shall be one (1) year from the date hereof and shall automatically be renewed on each anniversary of the commencement date. Article 7. Authorization of Participation. http://www.tasb, org/buyboard/new_users/org_agreement.html 11/22/02 Organizational Interlocal Aggreement Page 3 of 3 Each Cooperative Member represents and warrants that its governing body has duly authorized its participation in Cooperative. Article 8. Current Revenue. The Cooperative Member hereby warrants that all payments, contributions, fees, and disbursements, if any, required of it hereunder shall be made from current revenues budgeted and available to the Cooperative Member. Article 9. Compensation. The parties agree that the contractual payment, if any, under this agreement are amounts that fairly compensate the respective parties for the services or functions performed under the Agreement. Article 10. Execution and Delivery. 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. EXECUTED AND DELIVERED by and between the Organizing Local Governments, and alt local governments which subsequently elect to become Cooperative Members, as of the day and year first above written. This Agreement is being executed by the Organizing Local Governments as separate agreements and at separate times, each of which shall be considered separately and collectively as an original complete copy of the Agreement, as if each Organizing Local government had executed the same copy. http ://www.tasb.org/buyboard/new_users/org_agreement.html 11/22/02