HomeMy WebLinkAboutResolutions - 2020-08 - 2020-08 Resolution _ HGACBUY Interlocal Contract for Cooperative Purchasing - 3/3/2020City of East Wenatchee Resolution 2020-08
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Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1)
City of East Wenatchee, Washington
Resolution No. 2020-08
A Resolution of the City of East Wenatchee, Washington
authorizing the Mayor to execute an Interlocal Contract for
Cooperative Purchasing with the Houston-Galveston Area Council
(HGAC Buy).
1. Alternate format.
1.1. Para leer este documento en otro formato (español, Braille,
leer en voz alta, etc.), póngase en contacto con el vendedor de la
ciudad al alternateformat@eastwenatcheewa.gov, al (509) 884-
9515 o al 711 (TTY).
1.2. To read this document in an alternate format (Spanish,
Braille, read aloud, etc.), please contact the City Clerk at
alternateformat@eastwenatcheewa.gov, at (509) 884-9515, or at
711 (TTY).
2. Authority.
2.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City
Council to organize and regulate its internal affairs and to define
the powers, functions and duties of its officers and employees.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO
RESOLVE AS FOLLOWS:
3. Authorization. The City Council authorizes the Mayor to execute
an Interlocal Contract for Cooperative Purchasing that conforms to
the language set forth in Exhibit A.
4. Severability. If a court of competent jurisdiction declares any
provision in this resolution to be contrary to law, such declaration
shall not affect the validity of the other provisions of this Resolution.
5. Effective date. This Resolution becomes effective immediately.
INTERLOCAL CONTRACT ILC FOR COOPERATIVE PURCHASING No.:______________
Permanent Number assigned by H-GAC
THIS INTERLOCAL CONTRACT (“Contract”), made and entered into pursuant to the Texas Interlocal Cooperation Act, Chapter
791, Texas Government Code (the “Act”), by and between the Houston-Galveston Area Council, hereinafter referred to as “H-GAC,”
having its principal place of business at 3555 Timmons Lane, Suite 120, Houston, Texas 77027, 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 “End
User,” having its principal place of business at * ________________________________________________________________
W I T N E S S E T H
WHEREAS, H-GAC 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, H-GAC 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, H-GAC has instituted a cooperative purchasing program under which it contracts with
eligible entities under the Act; and
WHEREAS, End User has represented that it is an eligible entity under the Act, that its governing body has authorized this Contract on
*____________________ _______, and that it desires to contract with H-GAC on the terms set forth below;
NOW, THEREFORE, H-GAC and the End User do hereby agree as follows:
ARTICLE 1: LEGAL AUTHORITY
The End User represents and warrants to H-GAC that (1) it is eligible to contract with H-GAC under the Act 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 of 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
Contract.
ARTICLE 2: APPLICABLE LAWS
H-GAC and the End User agree to conduct all activities under this Contract in accordance with all applicable rules, regulations, and
ordinances and laws in effect or promulgated during the term of this Contract.
ARTICLE 3: WHOLE AGREEMENT
This Contract and any attachments, as provided herein, constitute the complete contract between the parties hereto, and supersede any
and all oral and written agreements between the parties relating to matters herein.
ARTICLE 4: PERFORMANCE PERIOD
The period of this Contract shall be for the balance of the fiscal year of the End User, which began *_______________________ and
ends * _______________________. This Contract shall thereafter automatically be renewed annually for each succeeding fiscal year,
provided that such renewal shall not have the effect of extending the period in which the End User may make any payment due an H-
GAC contractor beyond the fiscal year in which such obligation was incurred under this Contract.
ARTICLE 5: SCOPE OF SERVICES
The End User appoints H-GAC its true and lawful purchasing agent for the purchase of certain products and services through the H-
GAC Cooperative Purchasing Program. End User will access the Program through HGACBuy.com and by submission of any duly
executed purchase order, in the form prescribed by H-GAC to a contractor having a valid contract with H-GAC. All purchases
hereunder shall be in accordance with specifications and contract terms and pricing established by H-GAC. Ownership (title) to
products purchased through H-GAC shall transfer directly from the contractor to the End User.
(over)
ARTICLE 6: PAYMENTS
H-GAC will confirm each order and issue notice to contractor to proceed. Upon delivery of goods or services purchased, and
presentation of a properly documented invoice, the End User shall promptly, and in any case within thirty (30) days, pay H -GAC’s
contractor 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 H-GAC have any financial liability to the End User for any goods or services End User procures from an H-
GAC contractor.
ARTICLE 7: CHANGES AND AMENDMENTS
This Contract may be amended only by a written amendment executed by both parti es, except that any alterations, additions, or
deletions to the terms of this Contract which are required by changes in Federal and State law or regulations are automatically
incorporated into this Contract without written amendment hereto and shall become effective on the date designated by such la w or
regulation.
H-GAC reserves the right to make changes in the scope of products and services offered through the H-GAC Cooperative Purchasing
Program to be performed hereunder.
ARTICLE 8: TERMINATION PROCEDURES
H-GAC or the End User may cancel this Contract at any time upon thirty (30) days written notice by certified mail to the other party to
this Contract. The obligations of the End User, including its obligation to pay H -GAC’s contractor for all costs incurred under this
Contract prior to such notice shall survive such cancellation, as well as any other ob ligation incurred under this Contract, until
performed or discharged by the End User.
ARTICLE 9: SEVERABILITY
All parties agree that should any provision of this Contract be determined to be invalid or unenforceable, such determination shall not
affect any other term of this Contract, which shall continue in full force and effect.
ARTICLE 10: FORCE MAJEURE
To the extent that either party to this Contract 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 the 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 solely to pay funds. Determination of force majeure shall
rest solely with H-GAC.
ARTICLE 11: VENUE
Disputes between procuring party and Vendor are to be resolved in accord with the law and venue rules of the State of purchas e.
THIS INSTRUMENT HAS BEEN EXECUTED BY THE PARTIES HERETO AS FOLLOWS:
*
Name of End User (local government, agency, or non-profit corporation)
*
Mailing Address
*
City State ZIP Code
*By:
Signature of chief elected or appointed official
*
Typed Name & Title of Signatory
Houston-Galveston Area Council
3555 Timmons Lane, Suite 120, Houston, TX 77027
By:________________________________________________________
Executive Director
Date: ______________________________________________________
*______________________________________________
Date
*Denotes required fields
rev. 4/18
END USER DATA
Please sign and return the Interlocal Contract, along with this completed form, to H-GAC by emailing it to cpcontractfax@h-gac.com
or by faxing it to 713-993-2424. The contract may also be mailed to:
H-GAC Cooperative Purchasing Program
P.O. Box 22777, Houston, TX 77227-2777
Name of End User Agency: _____________________________________________________ County Name: ____________________
(Municipality/County/District/etc.)
Mailing Address: ______________________________________________________________________________________________
(Street Address/P.O. Box) (City) (State) (ZIP Code)
Main Telephone Number: ______________________________ FAX Number: ____________________________________________
Physical Address: ______________________________________________________________________________________________
(Street Address, if different from mailing address) (City) (State) (ZIP Code)
Web Site Address: ____________________________________________________________________________
Official Contact: ___________________________________________ Title: __________________________________
(Point of Contact for HGACBuy Interlocal Contract) Ph No__________________________________
Mailing Address: ___________________________________________ Fx No. : ________________________________
(Street Address/P.O. Box) E-Mail Address: __________________________
_________________________________________________________
(City) (State) (ZIP Code)
Authorized Official: __________________________________________ Title: ___________________________________
(Mayor/City Manager/Executive Director/etc.) Ph No.: _________________________________
Mailing Address: _____________________________________________ Fx No. __________________________________
(Street Address/P.O. Box) E-Mail Address: __________________________
____________________________________________________________
(City) (State) (ZIP Code)
Official Contact: _______________________________________________ Title: ____________________________________
(Purchasing Agent/Auditor etc. ) Ph No.: __________________________________
Mailing Address: ______________________________________________ Fx No. : __________________________________
(Street Address/P.O. Box) E-Mail Address: ___________________________
_____________________________________________________________
(City) (State) (ZIP Code)
Official Contact: ________________________________________________ Title: ____________________________________
(Public Works Director/Police Chief etc.) Ph No.: __________________________________
Mailing Address: _______________________________________________ Fx No. : _________________________________
(Street Address/P.O. Box) E-Mail Address: ___________________________
_______________________________________________________________
(City) (State) (ZIP Code)
Official Contact: ________________________________________________ Title: ____________________________________
(EMS Director/Fire Chief etc. ) Ph No.: __________________________________
Mailing Address: ________________________________________________ Fx No. : _________________________________
(Street Address/P.O. Box) E-Mail Address: ___________________________
_______________________________________________________________
(City) (State) (ZIP Code)
* denotes required fields
