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Ordinance No. 12,719ORDINANCE NO. 12,719 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO A COOPERATIVE PURCHASING AGREEMENT WITH THE CITY OF GARLAND; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes the City Manager to execute and the City Clerk to attest to a cooperative purchasing agreement with the City of Garland. A copy of said agreement is attached hereto as Exhibit "A," and incorporated herein for all intents and purposes. Section 2: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vot the City Council of the City of Baytown this the 17th day of November, 2014. SYEPIi£N1I. DONCARLOS, Mayor T: APPROVED AS TO FORM: ACIO RAMIREZ, SR., Ci A orney 11COM0I\Lega1lKarenlFi1es1City Council lOrdinances\2014\November 1 7` CityofGarlandCooperativePurchasingAgreement .doc Exhibit "A" COOPERATIVE PURCHASING AGREEMENT S t17.'I'. OF. TEXAS COUNTY OF HARRIS RRIS This Cooperative Purchasing Agreement ("Agreement ") is trade and entered into as of the date mitten below between the City of Garland ( "Garland ") and the City of Baytow. . (."Baytown"), WME' REAS. both. Garland and Akytcown have each determined a need for a cooperative agreement to purchase like goods and services to avoid duplicate procurement efforts and obtain the benefits of volume purchasing: and WHEREAS, EAS, Garland and Baytown are authorized by Section 271.102 of the Local QjA,ernr ent Code to pursue jnutually beneficial and cooperative purchasing programs, NOW, THEREFORE, for and in consideration of the mutual obligations and benefits contained herein, Garland and Baytown agree; as follows: Section 1, The purpose of this Agreement is to provide Garland and Baytown with additional purchasing options by satisfying the provisions of Section 271.1112 of the Local Government Cade, Section 2. 4"he parties agree that each of the parties shall respectively designate a person to act under -the direction of, arid on behalf of, the designating. party (die "Designated atepres:nitati ve "). Section 3. At the request of the other party, a party that enters into a contract with a vendor for goods or services (the "First Purchasing Party ") shall attempt to obtain the vendor's agreement to offer those goods and sere ioet, to the other party (the `'Second Purchwging Party'') for the saute .price and on the same terms and conditions as have been. offered to the First Purchasing Party. If the vendor so agrees, and if she Second Purchasing Party is agreeable to such terns and conditions, the Second Purchasing Party may enter into its own separate contract with the vendor, for the purchase of such goads or services. Section 4. i xtless othe--mvise agreed between the Designated Representatives, payme tts for a purchase made by the Second Purchasing .Party shall be paid directly to tic. vendor and not to 'the First Purchasing Party. The Second .Purchasing Party shall have the responsibility of determining whether the vendor has complied with any provisions in its contract with the vendor, including, but not limited to, those relating to the quality of items and terms of delivery, arid shall be responsible ter enforcement of its contract against 4.e, vendor, including all cost ofenfor ement. Section S. ?Neither Garland nor 13ayrtown shall assume any responsibility or liability to pay for materials purchased or services performed for the benefit of the other po.rty'. Alt Coom.rative Pe�rcha inG t�ze t, Page 1 payments required to be made pursuant to any contract entered into with a vendor pursuwit to this Agreement shall be made front current, available revenues. In obtaining services of a vendor under this Agreement inch party acknowledges that it has or will rely solely or, its o"vil inspections, kivestigatio.ns, research, and due diligence regarding the materials or :services desired and not on any representations or warranties of the ether party hereto. Setition 6. This Agreement will be subject to all applicable federal, state and local laws, ordinances. rules and regulations. Section i. This Agreement may be terminated by either party, without cause or penalty, upon not less than thirty (30) days' written notice to the other party. Section S. The parties acknowledge that each party arid, if it so chooses. its counsel have reviewed and revised this Agreement and that the normal n2ie of c:o:nstruction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits Hereto. Section. 9, If any action, whether real or asserted, at law or in equity, arises on the basis of arty prow ision of this Agreement, venue for such action shall lie in state courts located in .Exams County, Texas, or tide United States District Court for the Southern District of Texas --- Houston Division. This Agreement shall be construed in accordance Avxth the laws of the State of Texas. Section IU. If any terra or provision ofthis Agreement is held to be illegal, invalid or unenforceable, the legality, ,4idity or enforceability of dire remaining terms or provisions of this Agreezraent shall not be affected thereby. and in lieu of each such illegal. invalid or unenforceable terra or provision, the parties shall endeavor to agree to a legal, valid or enforceable tenn or provision a.= similar as possible to the term or provision dmiared illegal, invalid or unenforceable. Section l I. Exceution of this Agreement does not obligate Garland or Baytown to make any purchase, to ply any membership fee or to othenviae or in any manner incur any lost or obligation. Section 12. This Agreement -ma; be executed in multiple counterparts, each of which shall b& deemed an original, and all of NNhich shall constitute: but one and the same instrument. Section 13. The undersigned officers andlor agents are properly authorized to execute this Agreement on behalf of the parties hereto and each patty hereby certifies to the other that any necessary actions extending such authority have been duly passed and are now in full force and effect, Section 14. All notices, recliiests, demands; and other communications which are regained or permitted to be given tinder this Agreement shall be in writing and shall be deemed to have been duly; given upon the delivery or receipt thereof, its the case may be, if delivered personally or sent by registered or certified mail, return receipt re�luested, postage prepaid, to the respective city representative set out beio�.,, or his/her designee. € wmrath,e Purchasing A rccmend Page '2 EXECUTED this day Of 210 14. CITY OFGARL-AIND CITY OF BAYTOWN 200 North Fifth Street 2401 Market Street Garland, TX 75044 Raytown, TX 77520 0 /1 By: BY: (Signaturl) ROBERT D. LEIPER, City Manager 6 Ar/ /.. koj QlrintA Namc-) a. rloj5 Am4mm. c4or of critle.) ATTEST: (Signature) ( p nnted Name) APPR('-)VED AS TO FORM: (Signature) cflfle) Date AT" EST: lXfICIA BRYSCH, City Clerk APPROVED AS TO FORM� IGNACIO RAMIREZ, SR.. City Aftorm-.�- Date CG-PamdV6 P=haslng AXeerficffilCOOPERATIVEPDRCHASING AGREEMENTdoc Qopemgve., Purdasing Aareement. Page. 3 RESOLUTION NO. 9481 A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO PARTICIPATE IN A COOPERATIVE INTERLOCAL AGREEMENT WITH OTHER GOVERNMENTAL COUP ENTITIES. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GARLAND, TEXAS: Section I That the Cite Manager or his representative is hereby authorized to enter into an interlocal agreement for cooperative purchasing with other governmental coop entities in the form and substance of that attached hereto and to take such other and further actions as may be necessary to implement that agreement. The City Manager or his representative may authorize all Cooperative Interlocal agreements for the procurement of goods and services. Section 2 That this Resolution shall be and become effective immediately upon and after its adoption and approval. PASSED AND APPROVED this the 16th day of LM . , 2006 THE CITY OF GARLAND, TEXAS By. ��A .a. Mayor ATTEST: �a.�ti ' _ 4ty creta ty Purchasing Pumbasing Policies and Promliures Page 3 3 -2 The City Manager has approval authority for all Purchase Orders and or Contracts, with an ant :cipated annual expenditure up to $99,999, with the exception of Change Orders greater than either $50,000 or 250.E of the original Cc)ntracs. .33 The Deputy City Man - ager, Assistant City Manager, and Electric Managing Director ffor GP &I.. only) have approval authority for all Purchase {orders and/or Contracts °,r,;ith an anticipated annual expenditure up to $74,999 with the exception of Change Orders greater than either $50,000 or 25% of the original Contract. 3.4 Managing Directors and Electric Administrator of Business Relations, (for GP&L only' ) have approval authority for rail Purchase Orders andsor Contracts With an anticipated annual expenditure up to $49,99; with the exception of Change Orders gretater than 259E of the original Contract. 3,5 Department I-leads and/or Directors have approval authority for all Purchase Orders andlor Contracts with a r, antk;ipated arunual expenditure up to $24,999 wwith t1he exception of Change Orders greater than 25% of the original Contract, 3.6 Purchasing Director has delegated authority to execute all interiocal Agreements, Cooperative Purchasing Agreements and approved Contracts. Purchasing Director also has delegated authority to reject any and all bids, in 1concurrenw with requesting department, when in the hest interest of the City. 4. PURCHASING METHODS 4. t Dr_centrs►lizedl Purchasing bDer�arimen# Purohasin C orc#in��o�s 4,1. i Umiis — Department Purchasing Coordinators may mako purchases up to $3,009 using a Department Purchase Order. PaYrn6nt RNuest. or Procurement Card, A Purchase Order is typically required for purchases exceeding $3,000 All purohases exceeding $3,000 that reoquira. a Purchase Order Mast be processed by the Purchasing Department in order to satisfy State Mistorically Underutilized Business (HUB) requirement of contacting HUB businesses as ldentif3ed by the Comptroller. 4.12 Contract Releases — Once a Term Coritrart has been established through the Purchasing Department, Department Purchasing Coordinators may make releasers against the Cont. cl until either the Contract expires or the allocated funds are depleted, whichever corneas first. The $3,000 limit does not apply to withorlized Contract releases.