Ordinance No. 14,083ORDINANCE NO. 14,083
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 SOURCEWELL; 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 Sourcewell. 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 vote of the City Council of the
City of Baytown this the 91h day of May, 2019.
BRANDON CAPETILLO, Ma or
ATT T:
TICIA BRYSCH, eCityy�C: erk
APPROVED AS TO FORM:
NACIO RAMIREZ, SR. Pty Attorney
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Exhibit "A"
SOURCEWELL
INTERLOCAL AGREEMENT
This Agreement, made effective on the date hereof, is between the Sourcewell (formerly
National Joint Powers Alliance) and the City of Baytown, Texas thereinafter referred to as
"Governmental Unit").
Recitals
A. Sourcewell is a service cooperative established by Minn. Slat. § 123A.21 as a local unit of
government pursuant to the Minn. Const. art. XII, sec. 3; and
B. Sourcewell is explicitly authorized to provide cooperative purchasing services to eligible
members following a competitive contracting law process to solicit, evaluate and award
cooperative purchasing contracts for goods and services; and
C. Sourcewell cooperative purchasing contracts are made available through the joint exercise of
powers law to member agencies through Minn. Slat. § 471.59; and
D. Membership in Sourcewell is available for all eligible state and local governments,
education, higher education and nonprofit entities across North America; and
E. Governmental Unit asserts it is authorized by its statutes to utilize contracts competitively
solicited by another governmental unit; and
F. Governmental Unit and Sourcewell desire to enter into this Interlocal Agreement for the
purpose of Governmental Unit accessing available contracts for goods and services from
Sourcewell Awarded Vendors.
Sourcewell and the Governmental Unit hereby agree as follows:
Agreement
1. Sourcewell will make its contracts for goods and services and/or other Sourcewell services
available to the Governmental Unit. The Governmental Unit will be a Sourcewell Service
Member.
2. The Governmental Unit may utilize the contracts or services procured or offered through
Sourcewell to purchase supplies, equipment, materials and services.
3. The Parties to this Agreement will adhere to any and all applicable laws pertaining to the
procurement of goods and services as they pertain to the laws of their state or nation.
4. This Agreement will become effective on the date hereof and shall remain in effect until
canceled by either party upon thirty (30) days' written notice to the other party.
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S. Each party agrees that it is responsible for its acts and the results thereof, to the extent
authorized by law, and will not be responsible for the acts of the other party and the results
thereof. The Governmental Unit will be responsible for all aspects of its purchase, including
ordering its goods and services, inspecting and accepting the goods and services, and paying the
Vendor who will have directly billed the Governmental Unit placing the order.
6. Both Parties to this Agreement agree to strict accountability of all public funds disbursed in
connection with this joint exercise of powers as required by each party's respective laws.
7. To purchase goods and services from Sourcewell contracts, the Governmental Unit must enter
into a purchase order or other subsequent agreement in accordance with the terms and conditions
of Sourcewell contracts and any requirements applicable to the Governmental Unit's governing
body. The Governmental Unit must send purchase orders directly to the applicable Vendor and
will make payments directly to the Vendor in accordance with its established procedures and
terms of the Sourcewell contract. The Governmental Unit will not use the goods available under
Sourcewell contracts for purposes of resale.
8. Pursuant to Minn. Stat. § 471.59, Subd. 5, if applicable, the Parties shall provide for the
disposition of any property acquired as the result of such joint or cooperative exercise of powers,
and the return of any surplus moneys in proportion to contributions of the several contracting
parties after the purpose of the Agreement has been completed.
9. There shall be no financial remunerations by the Governmental Unit to Sourcewell for the use
of Sourcewell procurements, contracts or agreements or the payment of any fees to Sourcewell.
Both Parties to this Agreement acknowledge their individual responsibility to gain ratification of
this agreement through their governing body as required by law.
10. The Sourcewell contracts utilized by the Governmental Unit through this Agreement were
procured or will be procured through the Uniform Municipal Contracting law, Minn. Stat. §
471.345.
IN WITNESS, WHEREOF, the parties have executed this Interlocal Agreement effective the day
and year written below.
Governmental Unit Sourcewell
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