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RESO 2011-11 - Cooperative purchasing agreement with Region 4 Education Service Center RESOLUTION 2011-11 A RESOLUTION OF THE CITY COUNCIL OF HUNTSVILLE, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL AGREEMENT BETWEEN THE REGION 4 EDUCATION SERVICE CENTER, WHICH SPONSORS THE COOPERATIVE PURCHASING NETWORK (TCPN), PROVIDING FOR A COOPERATIVE PURCHASING PROGRAM FOR GOODS AND SERVICES AND DESIGNATING THE CITY MANAGER AS OFFICIAL REPRESENTATIVE OF THE CITY OF HUNTSVILLE RELATING TO THE PROGRAM. WHEREAS, the City Council of Huntsville has been presented a proposed Interlocal Agreement by and between the Region 4 Education Service Center, which sponsors The Cooperative Purchasing Network and the City of Huntsville, and found to be acceptable and in the best interests of the City of Huntsville and its citizens, are hereby in all things approved. WHEREAS, the City of Huntsville, Texas, pursuant to the authority granted under Sections 271.101 to 271.102 of the Local Government Code, desires to participate in the described purchasing program sponsored by the Region 4 Education Service Center which is known as The Cooperative Purchasing Network, and in the opinion that participation in this program will be highly beneficial to the taxpayers through the anticipated savings to he realized. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTSVILLE, TEXAS: Section I. The Terms and conditions of the agreement having been reviewed by the City Council of the City of Huntsville and found to be acceptable and in the best interests of the City of Huntsville and its citizens are hereby in all things approved. Section II. The City Manager of the City of Huntsville, under the direction of the City Council of the City of Huntsville is hereby designated to act for the City of Huntsville in all matters relating to The Cooperative Purchasing Network including the designation of specific contracts in which the City of Huntsville desires to participate. Section III. This Resolution shall become effective from and after its passage. DULY PASSED AND APPROVED THIS THE I"DAY OF MARCH 2011. J. er, Mayor ATTEST: APPR VED O FORM: i �y Lee odwar ity ecre y Le rd nei , City Attorney City Council Meeting Agenda Item Item Title: Date: Agenda Item No.: The Cooperative Purchasing Network, TC... 3/1/2011 fid, Requested By: Dept./Div: Dept. Approval: Finance approval: Billie F. Smith, Purchasing Manager 234 WD Issue/Item Description: Consider the City of Huntsville joining The Cooperative Purchasing Network, TCPN, national cooperative purchasing program. Background: TCPN, is a national cooperative purchasing program which allows governmental agencies to combine purchasing power in order to gain optimum quantity price points. TCPN was established in 1997. The State of Texas Local Government Code allows government entities to participate in cooperative purchasing programs. All purchases made under this cooperative agreement satisfies all state laws requiring competitive bids for purchase of goods and/or services. Facts to Consider: • The City of Huntsville had issued a purchase order to Office Depot in 2009 under the US Communities Cooperative; • Office Depot's contract with US Communities Cooperative has expired; • Office Depot did bid with US Communities Cooperative however they were not awarded the contract; • Office Depot re-bid under the TCPN Cooperative and they were awarded the TCPN contract; • Fastenal, Huntsville, TX was recently awarded a contract with TCPN under much the same terms; • Meeting was held with Office Depot and Fastenal with no negative comments were mentioned about TCPN; • TCPN does not charge any fees to participate in their program; • By becoming a member of TCPN the City of Huntsville will be allowed best pricing for all current and future contracts. Fiscal Impact/Funding Source(s): Various Department Budgets: $ 6,672 Fastenal purchases budget year 2010 $31,168 Office Depot purchases Y budget year 2010 9 Attachment(s): • TCPN Purchasing Agreement • Interlocal Agreement with Region 4 Education Service Center (Houston) • Resolution with TCPN Recommendation motion(s): . with TCPN for current and future contracts. MOTION: SECOND: Vk CAF:) \ VOTE: — 1T PRESENTED APPROVED F DECLINED ACTION (� TABLED F OTHER TCPN Cooperative Purchasing Network Page 1 of 1 About Membership Vendors Solicitations SEARCH COOPERATIVE PURCHASING AGREEMENT .State Statutes iAM► �1��- This TCPN Cooperative Purchasing Membership Agreement will allow a Member Agency to purchase commodities and/or services,from any and all TCPN Official Contract Holders,under the same terms,conditions and price as stated in each awarded contract.It is hereby agreed to by TCPN and the Member Agency that: 1.TCPN has followed procurement procedures for products and/or services offered by this Agreement in accordance with TCPNs `.•.•;E'ii;i::ii:;'iu":iuii=`y°1'I°iiifiiiiiiiiiRii `, k � { i.,,.,,,1;,,,1,,,, governingprocurementstatutesandnrgulatIons. 2.It is the sole responsibility of each Member Agency to follow their state procurement statutes as it pertains to cooperative purchasing, il�f yet but.CrduitpTfik or joint power agreements,with in-state or out-of-state public agencies. ptpcelKiptttvlderb ;n. required:"compettbon tar 3.TCPN makes their cooperative purchasing contracts available to Member Agencies"as Is,"and is under no obligation to revise the Cel'Utriete.We11 rip the work, terms,conditions,scope,price,and/or any other conditions of the contract for the benefit of the Member Agency. you sere the Ikue end money_ 4.The use of each contract by the Member Agency shall adhere to the terms and conditions of the TCPN contract,including the order placement procedures provided by each Official Contract Holder. i 5.It Is the sole responsibility of the Member Agency to accept delivery of products and/or services,and the Member Agency hereby agrees to make timely payments to each Official Contract Holder for products and/or services received pursuant to this Agreement.Any dispute which may arise between the Member Agency and the Official Contract Holder are to be resolved between the Member Agency and the Official Contract Holder.TCPN will make every effort to facilitate a favorable remedy for bath parties. 6.This Agreement Incorporates all Agreements,covenants and understandings between TCPN and the Member Agency.No prior Agreement or understanding,verbal or otherwise,by the parties or their agents,shall be valid or enforceable unless embodied in this Agreement.This Agreement shall not be altered,changed or amended except by written revision or addendum executed by both parties. 7.This Agreement between TCPN and the Member Agency shall be presided over by TCPN governing law and junsdicuon,and shall become effective Immediately and remain In effect unless terminated by either party with thirty(30)days written notice to the other party,Any such notice shall be sent to the address listed below. Interlocal Agreement Please send a signed Interlocal Agreement to Region 4 ESC,Attn:TCPN,7145 W.Tidwell,Houston,TX 77092-2096. Interlocal Agreement(PDF) Resolution Please send a signed Resolution to Region 4 ESC,Attn:TCPN,7145 W.Tidwell,Houston,TK 77092-2096. Resolution County(Texas) Resolution Municipality(Texas) Resolution School District(Texas) Cpntdct Us I Careers I Be.sp.urces I Staff powered by netSlartltoterprinTm http://www.tcpn.org/default.aspx?name=become member texas&s=Texas 2/21/2011 INTERLOCAL AGREEMENT Region 4 Education Service Center l Contracting Parties School District or Public Entity County-District Number Region 4 Education Service Center 101 950 County-District Number This agreement is effective and shall be automatically renewed unless either party gives sixty(60)days prior written notice of non-renewal. This agreement may be terminated with or without cause by either party upon(60)days prior written notice,or may also be terminated for cause at anytime upon written notice stating the reason for and effective date of such terminations and after giving the affected party a thirty(30) day period to cure any breach. I Statement of Services to be Performed: Authority for such services is granted under Government Code,Title 7,Chapter 791 Interlocal Cooperation Contracts,Subchapter B and Subchapter C,and Local Government Code,Title 8,Chapter 271, Subchapter F,Section 271.101 and Section 271.102.The purpose of this cooperative is to obtain substantial savings for member school districts and public entities through volume purchasing. i Role of the Purchasing Cooperative 1. Provide for the organizational and administrative structure of the program. 2. Provide staff time necessary for efficient operation of the program. 3. Receive quantity requests from entities and prepare appropriate tally of quantities. 4. Initiate and implement activities related to the bidding and vendors selection process. 5. Provide members with procedures for ordering,delivery,and billing. Role of the Member School District or Public Entity: 1. Commitment to participate in the program as indicated by an authorized signature in the appropriate space below. 2. Designate a contact person for the cooperative. 3. Commit to purchase products and services that become part of the official products and services list when it is in the best interest of the member entity. 4. Prepare purchase orders issued to the appropriate vendor from the official award list provided by the Purchasing Cooperative. 5. Accept shipments of products ordered from vendors in accordance with standard purchasing procedures. 6. Pay vendors in a timely manner for all goods and services received. Revised 03109(QP134-MEM1 Rev. 1) I i Authorization: Region 4 Education Service Center and The Cooperative Purchasing Network(TCPN)executed a contract to provide cooperative purchasing opportunities to school districts and public entities. Please send a signed Interlocal Agreement to Region 4 ESC,Attn: TCPN,7145 W.Tidwell,Houston,TX 77092-2096. I School District or Public Entity Region 4 Education Service Center By By Authorized Signature Authorized Signature Deputy Director, Financial Services/CFO Title Title Date Date i i ' Jason Wickel-Director-TCPN Contact Person Contact Person (713)-744-6356 Title of Contact Telephone Number iwickel(@,tcpn.org Street Address E-mail Address City,State Zip Contact's Telephone Number E-mail Address i ii Revised 03/09(QP134-MEM1 Rev. 1) RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE (ENTITY), (CITY),TEXAS,APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL AGREEMENT BETWEEN THE REGION 4 EDUCATION SERVICE CENTER, WHICH SPONSORS THE COOPERATIVE PURCHASING NETWORK(TCPN),PROVIDING FOR A COOPERATIVE PURCHASING PROGRAM FOR GOODS AND SERVICES; DESIGNATING (NAME AND/OR TITLE),AS OFFICIAL REPRESENTATIVE OF THE (ENTITY)RELATING TO THE PROGRAM. WHEREAS,the City Council of the (Entity)has been presented a proposed Interlocal Agreement by and between the Region 4 Education Service Center,which sponsors The Cooperative Purchasing Network,and the (Entity)and found to be acceptable and in the best interests of the (Entity)and its citizens,are hereby in all things approved. WHEREAS,the (Entity)of (City),Texas, pursuant to the authority granted under Sections 27 1.101 to 271.102 of the Local Government Code, desires to participate in the described purchasing program sponsored by the Region 4 Education Service Center which is known as The Cooperative Purchasing Network,and in the opinion that participation in this program will be highly beneficial to the taxpayers through the anticipated savings to be realized. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE (ENTITY), ,Texas: Section I,The Terms and conditions of the agreement having been reviewed by the City Council of the (Entity)and found to be acceptable and in the best interests of the (Entity)and its citizens are hereby in all things approved. Section 11.The (Title/Name)of the (Entity)under the direction of the City Council of the (Entity)is hereby designated to act for the (Entity)in all matters relating to The Cooperative Purchasing Network including the designation of specific contracts in which the (Entity) desires to participate. Section III. This resolution shall become effective from and after its passage. DULY PASSED AND APPROVED THIS THE DAY OF 200 . ATTEST; (Authorized Signature) (Title) (Title) Revised 03/09(QP I34-MEM1 Rev.0)