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Home My WebLink About4718 RESOLUTION NO. 4 7 18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A COOPERATIVE PURCHASING AGREEMENT WITH THE HOUSTON-GALVESTON AREA COUNCIL FOR THE PURPOSE OF PURCHASING GENERAL SUPPLIES AND EQUIPMENT WHEREAS, The City of Auburn has an ongoing need to purchase goods and equipment; and WHEREAS, the Houston-Galveston Area Council is a regional council of governments operating under the laws of the State of Texas and governed by a board comprised of 35 elected officials from the 13 county regions. The HGACBuy Program is over 30 years old and specializes in high ticket, capital intensive products and services that require technical, detailed specifications and extensive professional skills to evaluate bid responses. All products offered through HGACBuy have been awarded by virtue of a public competitive process that complies with Washington State requirements; and WHEREAS, RCW 39.34.020 allows the City to enter into agreements with other public agencies, including those from other states, to cooperative purchase supplies and equipment; and WHEREAS, participation in the HGACBuy program does not obligate the City to make any purchases, and does not cost the City anything to participate. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, HEREBY RESOLVES as follows: Resolution No. 4718 June 15, 2011 Page 1 of 2 Section 1. That the Mayor is hereby authorized to execute a Cooperative Purchasing Agreement with the Houston-Galveston Area Council in substantial conformity with the agreement attached hereto as Exhibit A and incorporated herein, for the purpose of utilizing the Council's contracts with various vendors. Section 2. That the Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. Dated and Signed this S day of 2011 C TY PETILIR B. LEWIS MAYOR ATTEST L� Danielle E. Daskam, City Clerk A7V 70 a ' I B. He-U, City Att ney Resolution No. 4718 June 15, 2011 Page 2 of 2 s HOUSTON-GALVESTON AREA COUNCIL August 19, 2011 James Erskine City of Auburn 25 W Main St. Auburn, WA 98001 Dear Mr Erskine: Enclosed you will find your original copy of the fully executed Interlocal Contract (ILC) which includes your assigned permanent ILC number This number should appear on all future purchase orders, in addition to the H-GAC bid number for the product you are ordering. This number also serves as your Password for our website: HGACBuy.org. The ILC document is designed as a blanket purchase agreement for all products offered by H-GAC, and it remains in effect indefinitely unless canceled by either party No annual renewal actions are required. The Contract covers all departments Within your municipality/county/district jurisdiction. It is activated only by your agency's issuance of Purchase Orders. We encourage you to use the H-GAC Cooperative Purchasing Program and avail yourself of the services we offer We look forward to serving you. Sincerely, &Ry eTwa� Contract Specialist Cooperative Purchasing Program Mailing Address Physical Address PO Box 22777 3555 Timmons Lane,Suite 120 Houston,Texas 77227-2777 Houston,Texas 77027 Phone 713-627-3200 Phone 713-027-3200 �� nv�rEiu.ocni.corrrx�.cT �'_2828 rxr:r�o roecw�:�wo�oaarroM FOR COOPERATIVE PURCHASING ILC No. Pe�eot Naober e�u�by H-0AC THIS INTERLOCAL CONTRACT("CoMract'�,made and entered into pursuant to[he Texas Interbcal Cooperation Act,Chapter 791,Texas Govemment Code(the"Ac["),by and between the Houston-Galveston Area Council,hereinafter referred W as"H-GAC," having its principal place of business at 3555 Timmons Lane,Suite 120,Houston,Texas 77027,and* Ciri of Aubum a local govemment,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" 25 West Main Street Auburn.VYA 98001 WITNESSETH W HEREAS,H-GAC is a regional planning commission and poliGcal subdivision of the State of Texas operating under Chapter 391, Texas Local Govemment Code;and WHEREAS,pursuan[to ihe Act, H-GAC is authorized to conlract with eligible entities to perfortn governmenial 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 WAEREAS,End User has represented that it is an eligible entity under the Act,that its govertilng body has authorized this Cocrtrac[on " Julv O5.2011 (Date),and that it desires to contract with H-GAC on the terms sM forth below; NOW,THEREFORE,H-GAC and the End User do hereby agree as follows: ARTICLE 1. LEGAL AUTHORITY 1'he End User represrnts and wsrrants to H-GAC that(1)it is eligible to wntract with H-GAC under the Act because it is one of the following:a local government,as defined in the Act(a w�mty,a municipality,a special district,or other political subdivision of ti�e State of Texas or any other state),or a combination ofhvo or more of those entities,a state agency(an agency of the State of Texas as defined in Section 971.002 of the Texss Crovernmert Code,or a similar agency of another state),or a non-proSt corporation cresud and operazed to provide one or more govemmenta]functions and services,and(Z)it possesses adequate legal authority to enter irto Nus ConVact. ARTICLE 2: APPLICABLE LAWS H-GAC and the End User agrce to conduct all activities under this Contrac[in accordance with all applicable rules,regulations,and ordinances and Iaws in effect or promulgated during the term of this Contract. ARTICLE 3: WHOLE AGREEMEPiT This Contrac[and auy attachtnents,es provided herein,constitute the complete contract behveen the parties here[o,and supersede eny and all oral and written agreemenu betwern the parties relating to matters herein. ARTICLE 4: PERFORMANCE PERIOD 1'hb period of this ConVact shall�be for the balance of the Sscal year of the End Usa,which began"_Jan Ol.2011 and ends* Dec 31.2011 . This Contract shall tl�ereafter sutometically be renewed annually for each succeeding fiscal year, provided tfiat sach renewal shell not have the effect of extrnding 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 wder this Contract. ARTICLE 5: SCOPE OF SERVICES The End User appointc H-GAC its true and lawful purchasing agert for the purchase of certain products and services through ihe H- GAC Cooperative Purchacing Program.End User will access the Program through HGACBav.com and by submission of any duly execu[ed purchase order, in ihe form prescribed by H-GAC to a wntractor having a valid contract with H-GAC. All purcliases hereunder shall be in accordance with specifications and conUac[tenns and pricing established by H-GAC. Ownership(tiUe)to products purchased through H-GAC shall transfer d'vecUy from the contractor to the End User. (over) PyRTICLE 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-GACs contractor the full amount of the invoice.All payments for goods or services will be made from current revenues available to thepaying party. In no event shall"AC have any financial liability to the End User for any goods or services End User procures from an H- OAC contractor. ARTICLE 7• CHANGES AND AMENDMENTS This Contract may 6c aniended only by a written amendment executed by both parties, except that any alterations,additions, or deletions to the terms of this Contract which are required by changes in Federal and Slate law or regulations are automatically incorporated into this Contract without written amendment hereto and shall become effective on the date designated by such lay or regulation. H-GAC reserves the right to make changes in the scope of products and services offered through tlfe H•OAC Cooperative Purchasing Program to be performed hereunder. ARTICLE 8: TERMINATION PROCEDURES H- Corr 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-GACs contractor for all costs incurred under this Contract prior to such notice shall survive such cancellation, as well as any other obligation incurred under this Contract,until performed or discharged by the End User. ARTICLE 9: SEVERABILITY All parties sgree 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 wa r,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 obliggion solely to pay funds. Determination of force majeure shall rest solely with H-GAC. ARTICLE I1. VENUE Disputes between procuring party and Vendor are to be resolved in accord with the law and venue rules of the State of purehase. THIS INSTRUMENT HAS BEEN EXECUTCD IN TWO ORIGINALS BY THE PARTIES HERETO AS FOLLOWS: * City of Auburn;Washington Houston-Galveston Area Council Natne of End User(]scat government,agency,or non-profit corporation) 3555 Timmons L9wrffl11tg120,Houston,TX 77027 + 25 West Main Street uy. - hinilingA Ha Dive Director • Aub rn WA 98001 City state ZIP Code ME _ - i'-- Manager signature orchie a eeted or appointed official Dale: + Peter B.Lewis, Mayor Jul 05,2011 Typed Name&Title of Signatory Date Resolution No. 4718 Exhibit A June 15, 2011 Page 2 of 3 *Denotes,required fields rev,03/II *Request for Information To expedite service, please complet a the following blanks relevant to your agencys administrative/elective personnel and return the completed form to H-GAC, Cooperative Purchasing Program, P.O. Box 22777, Houston, TX 77227-2777 Name of End User Agency City of Auburn,WA County Name King/Pierce -(Municipality/-County/District/etc.)- - Mailing Address 25 W.Main St,Aubum,WA,.98001 (Street Addfess/P:O Box) (City) (State) -(ZIP Code) Main Telephone Number 253-931-3000 FAX Number: 253-288-3132 Physical Address (Street Address, ifdifferent from mailing address) (City) (State) (ZIP Code) Web Site Address: aubumwa.gov Authorized Official: Title (City manager/Executive Director/etc.) Ph No.. Mailing Address: _ Fx No. (Street Address/P O. Box) E-Mail Address (City) (State) (ZIP Code) Shelle Coleman. - Official Contact: - Y- Title: Finance Director-- - - (Purchasing Agent/Auditor etc.) Ph No. 253-931-3033 Mailing Address: 25 W Main St Fx No. 253-876-1900 (Street Address/P.O. Box) Email Address Aubum WA 98001 (City) (State) (ZIP Code) Official Contact: Dennis Dowdy Title: Public Works Director (Public Works Director/Police Chief etc.) Ph No. 253-931-3023 Mailing Address: 25 W Main St Fx No. 253-931-3053 (Street Address/P.O. Box) Email Address Auburn WA_ 98001 - ddowdva.auburnwa.aov (City) (State) (ZIP Code) Official Contact: Title: (EMS Director/Fire Chief etc.) Ph No. Mailing Address: Fx No. (Street Address/P.O. Box) Email Address (City) (State) (ZIP Code) Resolution No 4718 Exhibit A June 15, 2011 Page 3 of 3