HomeMy WebLinkAboutPR 24793: AUTHORIZING THE CPA TO PARTICIPATE IN AN AGREEMENT FOR COOPERATIVE PURCHASING TXSHARE COOPERATIVE PURCHASING PROGRAM Croy of
,, ; rtlr« -
www.PortArthurTx.gov
INTEROFFICE MEMORANDUM
Date: February 12, 2026
To: The Honorable Mayor and City Council
Through: Ronald Burton, City Manager
From: Clifton Williams, Purchasing Manager
RE: PR 24793- Authorizing the City of Port Arthur to Participate in an Interlocal
Agreement for Cooperative Purchasing with TXShare
Cooperative Purchasing Program
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 for Cooperative Purchasing with TXShare Cooperative Purchasing
Program without formal bidding pursuant to the authority granted by Chapter 791, Section 791.025
Government Code, V.T.C.A.
Background:
"Responsible for one-third of the gross domestic product of the State of Texas, the Dallas-Fort
Worth Metropolitan Area is also the home of the North Central Texas Council of Governments
(NCTCOG). Representing 16 counties, 226 cities, 23 school districts, and 38 special districts, the
NCTCOG has a special audience of public planners, managers, and purchasing agents. The
NCTCOG regularly assists these individuals in obtaining products or services and educating them
on contracts availability of which they might otherwise be unaware." Local governments are
eligible to participate in the TXShare program at no cost.
The City can benefit greatly by joining, and purchasing from, this co-op program. Cooperative
buying can provide lower prices,potentially better quality, and greater purchasing outreach.
Budget Impact:
$0 (no cost)Membership
Recommendation:
It is recommended that City Council adopt Proposed Resolution No. 24793, which authorizes the
City of Port Arthur to Participate in an Interlocal Agreement for Cooperative Purchasing with
TXShare Cooperative Purchasing Program.
"Remember,we are here to serve the Citizens of Port Arthur"
P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743
P.R. No. 24793
02/09/26 ATT- tnr
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY OF PORT
ARTHUR TO PARTICIPATE IN AN INTERLOCAL
AGREEMENT FOR COOPERATIVE PURCHASING
WITH TXSHARE COOPERATIVE PURCHASING
PROGRAM
WHEREAS, Chapter 791 of the Texas Government Code (Section 791.025) authorizes
local governments to enter into interlocal agreements for the performance of governmental
functions and services, including cooperative purchasing; and
WHEREAS, the Local Government Purchasing Cooperative known as the TXShare
Cooperative Purchasing Program has been established to provide participating governmental
entities access to competitively procured contracts for goods and services; and
WHEREAS, participation in a cooperative purchasing program authorized by state law
may result in administrative efficiencies, cost savings, and expanded procurement options for the
City of Port Arthur; and
WHEREAS, the City Council finds that participation in TXShare is in the best interests
of the City and its taxpayers and will promote the economical and efficient procurement of goods
and services in compliance with applicable law.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PORT ARTHUR, TEXAS:
Section 1. The City Council hereby approves the City's participation in the Local
Government Purchasing Cooperative — TXShare Cooperative Purchasing Program pursuant to
Chapter 791, Texas Government Code.
Section 2. The City Manager is hereby authorized and directed to execute, for and on
behalf of the City of Port Arthur, an Interlocal Participation Agreement with TXShare in
substantially the same form as attached hereto as Exhibit "A," including adoption and approval
of the Master Interlocal Purchasing Agreement.
Section 3. That a copy of the caption of this Resolution shall be spread upon the Minutes
of the City Council.
PASSED AND APPROVED by the City Council of the City of Port Arthur, Texas, on
this day of , 2026 at Meeting of the
City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor
P.R. No. 24793
02/09/26 ATT- tnr
Councilmembers:
NOES:
Charlotte M. Moses
Mayor
ATTEST:
Sherri Bellard, TRMC, City Secretary
P.R. No. 24793
02/09/26 ATT- tnr
APPROVED T F •
Roxann Pais Cotroneo, Esq., City Attorney
APPROVED FOR ADMINISTRATION:
Ronald Burton, M, City Manager
N/A_
Lyn Boswell, ICMA-CM, Director of Finance
it).1/16s
Clifton r . Williams, Jr., Purchasing Manager
P.R. No. 24793
02/09/26 ATT- tnr
Exhibit
cc »
Interlocal Agreement Page 1 of 5
EXHIBIT "k"
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 Interlocal
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
I. 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 rage z or
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:
1. 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.
e. 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 men bership in the Cooperative. The
Cooperative may seek the whole amount due, If any, from the terminated
Cooperative Member. The Cooperative Membor will not be entitled to a refund of
membership dues paid.
4. Payments.
a. 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.
b. 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.
5. Cooperative Reporting. The Cooperative will provide periodic activity reports to the
Cooperative Member. These reports may be modified from time to time as deemed
appropriate by the Cooperative.
6. Administration. Cooperative Member will use the BuyBoard purchasing application in
Interlocal Agreement `as`.) "` J
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.
7. Amendments. The Board may amend this agreement, provided that notice is sent to
each participant at least 60 days prior to the effective d 3te 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.
2. 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.
3. 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.
4. 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.
5. 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.
7. 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 rage`+"'
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.
8. 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 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 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 by 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, Texas 78767-0400.
12. Venue. This Agreement shall be governed by and construed in 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 ragC vi
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
FOR NCTCOG Use Only
TXShare ILA No:
Your Public Sector Solutions Center
MASTER INTERLOCAL PURCHASING AGREEMENT
THIS MASTER INTERLOCAL AGREEMENT ("ILA"). made and entered into pursuant to the Texas
Interlocal Cooperation Act, Chapter 791, Texas Government Code (the "Act"), by and between the North
Central Texas Council of Governments, hereinafter referred to as "NCTCOG,"having its principal place of
business at 616 Six Flags Drive, Arlington, TX 76011, 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 "Participant,"having its principal place of
business at
WHEREAS,NCTCOG is a regional planning commission and political subdivision of the State of Texas
operating under Chapter 391, Texas Local Government Code; and
WHEREAS,pursuant to the Act,NCTCOG 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, NCTCOG has instituted a cooperative purchasing program under
which it contracts with eligible entities under the Act; and
WHEREAS, Participant has represented that it is an eligible entity under the Act, that is authorized to enter into
this Agreement on (Date), and that it desires to contract with NCTCOG on
the terms set forth below;
NOW, THEREFORE,NCTCOG and the Participant do hereby agree as follows:
ARTICLE 1: LEGAL AUTHORITY
The Participant represents and warrants to NCTCOG that (1) it is eligible to contract with NCTCOG under the
Act for the purposes recited herein 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 that 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 Agreement.
ARTICLE 2: SCOPE OF SERVICES
The Participant appoints NCTCOG its true and lawful purchasing agent for the purpose of certain products and
services ("Products" or"Services") through the TXShare Program. Participants will access the Program
through www.TXShare.org. All purchases under this Agreement shall comply with applicable Texas
competitive bidding statutes as well as the specifications, contract terms and pricing applicable to such
purchases. NCTCOG may also serve as a coordinating agent to administer the use of eligible Participant
contracts to other participants of TXShare. The eligibility of such contracts will be determined by incorporation
of coordinating agent authorization in Participant's solicitation documents. Title to all products purchased under
the TXShare Program shall be held by Participant unless otherwise agreed. Nothing in this Agreement shall
preclude the Participant from purchasing Products and/or Services offered in the TXShare Program directly
from the vendor/supplier.
TXS h a re FOR NCTCOG Use Only
ILA No:
Your Public Sector Solutions Center
ARTICLE 3: PAYMENTS
Upon delivery of goods or services purchased and presentation of properly documented invoice, the Participant
shall promptly, and in any case within thirty(30) days, pay the contracted provider the full amount of the
invoice. All payments for goods or services will be made from current revenues available to the paying party. In
no event shall NCTCOG have any financial liability to the Participant for any goods or services Participant
purchases through the TXShare Program.
ARTICLE 4: PERFORMANCE PERIOD
This Agreement shall be effective when signed by the last party whose signing makes the Agreement fully
executed and will remain in full force and effect for one (1)year. This Agreement shall automatically renew for
successive one-year terms unless sooner terminated in accordance with Article 6 below. Any modifications of
this Agreement must comply with the requirements of Article 5 below.
ARTICLE 5: CHANGES AND AMENDMENTS
This Agreement may be amended only by a written amendment executed by both parties, except that any
alterations, additions, or deletions to the terms of this Agreement which are required by changes in Federal and
State law or regulations are automatically incorporated into this Agreement without written amendment hereto
and shall become effective on the date designated by such law or regulation. NCTCOG reserves the right from
time to time to make changes in the scope of products and services offered through the TXShare Program.
ARTICLE 6: TERMINATION PROCEDURES
NCTCOG or the Participant may cancel this Agreement for any reason and at any time upon thirty (30) days
written notice by certified mail to the other party to this Agreement. The obligation of the Participant to pay for
any Service and/or Products purchased under this Agreement, shall survive cancellation, as well as any other
Participant costs incurred prior to the effective date of cancellation.
ARTICLE 7: APPLICABLE LAWS
NCTCOG and the Participant agree to conduct all activities under this Agreement in accordance with all
applicable rules, regulations, and ordinances and laws in effect or promulgated during the term of this
Agreement.
ARTICLE 8: DISPUTE RESOLUTION
The parties to this Agreement agree to the extent possible and not in contravention of any applicable state or
federal law or procedure established for dispute resolution, to attempt to resolve any dispute between them
regarding this Agreement informally through voluntary mediation, arbitration, or any other local dispute
mediation process before resorting to litigation.
ARTICLE 9: MISCELLANEOUS
a. This Agreement has been made under and shall be governed by the laws of the State of Texas. Venue and
jurisdiction of any suit or cause of action arising under, or in connection with, this Agreement shall lie
exclusively in Tarrant County, Texas.
b. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of
their respective entities.
c. This Agreement and the rights and obligations contained herein may not be assigned by either party without
the prior written approval of the other party to this Agreement.
FOR No:NCTCOG Use Only
TXS h are ILA
Your Public Sector Solutions Center
d. All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable,
such determination shall not affect any other term of this Agreement, which shall continue in full force and
effect.
e. To the extent that either party to this Agreement 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 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 to solely pay funds.
f. This Agreement and any attachments/addendums, as provided herein, constitute the complete agreement
between the parties hereto, and supersede any and all oral and written agreements between the parties
relating to matters herein.
THIS INSTRUMENT HAS BEEN EXECUTED IN TWO ORIGINALS BY THE PARTIES HERETO
AS FOLLOWS:
North Central Texas Council of Governments
TXShare Name of Participating Agency
616 Six Flags Drive,Arlington,TX 76011
NCTCOG Executive Director or Designee Mailing Address
Signature of Executive Director or Designee City State Zip
Date Name and Title of Authorized Official or Designee
Signature
Date