HomeMy WebLinkAboutResolution 2012-0027TITL E:
CITY OF WHEAT RIDGE , COLORADO
RESO L UTION NO . 27
Series of 2012
A RESOLU TION APPROV ING AN INTERGOV ERNMENTAL
AGREEMENT FOR COOPERATIVE PURCHAS ING B ETWEE N
THE CITY OF WHEAT RIDGE AND HGACBUY
WH EREAS, HGAC (Houston-Galveston Area Council of Governments) is a
regional plann ing commiss ion and political subdivision of Texas operating under
Chapter 391 , Texas Loca l Government Code ; and
WHEREAS , pu rsuant to the Act, HGACBuy 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 , HGACBuy has instituted a cooperative
purchasing program under which it contracts with eligible entities under the Act ; and
WHEREAS , the City of Wheat Ridge has represented that it is an eligible entity ;
and
WHEREAS . the City of Wheat Ridge would like to participate in the Cooperating
Purchasing Program in order to obta in competitive pricing for products/services ,
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council , that:
Sectio n 1. H-GACBuv lnter local Contract for Cooperative Purchasing.
The Intergovernmental Contract between the City of Wheat Ridge and
HGACBuy, concerning cooperative purchasing by the City of Wheat Ridge ,
attached to this Resolu t ion and incorporated herein by reference , is hereby
approved . The Mayor and City Clerk are authorized to execute the same.
Secti o n 2. Effective Date
This Resolution shall be effective immed iately upon adoption .
DO NE AND RESOLVED this !'-fa.. day of __,_."-=~t:....__~2012_. __
1;/;vt 1~
ATTEST:
I NTERLO CAL C O NTRACT ILC
FOR COOPERATI VE PURCHASING No.: ___ _
Pennanent Number rn•gned by H-GAC
THIS fNTERLOCAL CONTRACT ("Contract"), made and entered into pursuant to the Texas Interlocal Cooperation Act, Chapter
79 I, Texas Government Code (the "Act,), by and between the Houston-Ga lveston Area Council, heremafter referred to as "H-GAC,"
having its principal place of business at3555 Timmons Lane, Suite 120, Houston, Texas 77027, and"-----------,-
(' '• t t, ~~ \ ,-l ,. t , a local government, a state agency, or a non-profi t corporation
created and o erared to pr ovide one or more governmental functions and services, hereinafter referred to as "End User,'' having its
principal place of business at • ", l• t. t. ~' (' I I, H 'e U lt.e td ;.!._',.ic t. C' 0 5" t-C' .; ~ '>..~ c c
WIT NES S E TH
WHE R E AS, H-GAC is a regional planning commission and political subdivision of the State ofTexas operating under Chapter 391,
Texas Local Goverrunent Code; and
WHE REAS, 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
eligib le entities under the Act; and
WH E R EAS, End User has represented that it is an eligible en tity under the Act, that its governing body has authorized this Contract on
* (Date), and that it desires to contract with H-GAC on the terms set forth below;
NOW, THER EFORE, H-GAC and lhe End User do hereby agree as follows:
ARTIC L E I : LEGA L AUTHORITY
The End User represents and warrants to H-GAC that (l ) 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 polit ical 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 Secuon 771 .002 of the Texas Government Code, or a similar agency of another state), or a non-profit corporation created
and o p erated to provtde one or more governmental functions and servtces, and (2) it possesses adequate legal authonty to enter into this
Contract.
ARTIC L E 2 : APPLI C ABL E L AWS
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 AGREEME NT
T his Contract and any attachments , as provided herein, constitute the complete contract between the parties hereto, and supersede any
and all oral and wrinen agreements between the parties relating to matters herein.
ARTIC L E 4: P ERFORMAN CE P E RIOD
The period of this Contract shall be for the balance of the fiscal year of the End User, which began • 'r ... ,'n,\Q \.1 \, .;l..L• t :.J, and
ends • })., , f m \,p' s . .:J..l'I..J... This Contract shall thereafter automatically be renewed annually for each succeeding fiscal year,
p rovided that such renewal shall not have the effect of extending t he 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.
ARTIC L ES: SCOPE O F SER VICES
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 fonn 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 confinn each order and issue notice to contractor to proceed. Upon delivery of goods or services purchased, and
presentation of a properly documented mvo1ce, the End User shall promptly, and in any case within thmy (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 financialliabihty to the End User for any goods or services End User procures from an H-
GAC contracto r.
ARTICLE 7: CHANGES AND AMENDMENTS
This Contract may be amended only by a written amendment executed by both parties, except that any alternations, additions, or
deletions to the terms of this Contract which are required by changes in Federal and State Jaw or regulations are automatically
incorporated into this Contract withou t written amendment hereto and shall become effective on the date design at ed by such law or
re gu lation .
H-GAC reserves the right to make changes in the scope of products and services offered through the H-GAC Coo perative Purchasing
Program to be performed hereunder.
ARTICLE 8: TERMINATION PROCEDURES
H-GAC or the End User may cancel this Cont ract at any tim e upon thirty (30) days written notice by cenified mail to the other party to
this Contract. The obligations of the End User, including ns obligation to pay H-GAC's contractor for all costs incurred under this
Contract pnor 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 panics agree that should any provision of this Contract be determined to be inva lid 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 th e extent that eithe r party to th is Contract shall be wholly or partially prevented from the performance within the term specified of
any obi igation or duty placed on such party by reason of or through strikes, stoppage oflabor, riot, fire , Oood , acts of war, ins urrection ,
accident, order of any coun, act of God, or specific cause reasonably beyond the party's control and not anributable to its neglec t 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 , prov1ded, however, force majeure shall not excuse an obligation solely to pay funds Determination of force majeure shall
rest solely w1th H-GAC.
ARTICLE 11 : VENUE
Disputes between procuring party and Vendor are to be resolved in accord with the law and venue rules ofthe State of purchase.
THIS INSTRUMENT HAS BEEN EXECUTED IN TWO ORJGINALS BY THE PARTIES HERETO AS FOLLOWS:
Name of End User (loco/ governmtnt, agency, or non·profit corporauon)
Crry State ZIP Code
* :ferry D, 1'i.L1LL o 1 Yntu.to r ':>!, '-1/ I 2.
Typed Name & Tnle ofSrgnatory Date
Houston-Galveston Area Council
3555 Trmmons Lane, Surte t20, Houston, TX 77027
By ·-------------------
Executive Drrector
Date. __________________ _
A ne st·-------------------
Manager
Date-------------------
• Denotes required fields
rev. 7107
*Request for Information
To npcuite se n ict. pll·nst• ~·o mple1r lhr follam iug hbtnl{s rcknw t to your l:li!,Cncy \ adrnini!>lrativc/clcctrve
pen;onnd and n•lliJ'II IIH• com pl c((·d form l tJ H-GAC. Cooperafh'c Purc has iul! Jl1·ogram. P.O. Box 22777,
llousi1m. TX 77227 -1 777.
N t~ntr. of End User Agency : C ·, l "'L c-\ t · \ ke.t:...._·\ R·\ctC'1 c County Name:~£ \.(~~~C·\:\
. (Municipality I County I Dl~trict I etc.)
Mailing Address : 7 5D '' l.J .;2_ '\-\ h 11 ,.,re_. Uh-E<-~. t K\ A y: , Co 3 oo 3 3 -~<'r· \
(Street Address/P .O. Box) (City) (State) (ZIP Code)
Main Telephone Number: ( ~5 )..<-3'-l -:<;'9L-C' FAX Number: (3c3 ) ;<.31./-.5•1-.l'-/
Physical Address:~-=---~~-~:----~:----~~---:-~-:----~--:-----==-=--":"""":"'"-
(Srreet Address, if differenr from mailing address) (City) (State) (ZIP Code)
WebSiteAddress: l....!~w. c...'l. d\,e .. A\c:-\A"'~L c..o .u.~
A u(horiz.c u Offici:ll: \:re..'\ r~ b ~ '"tl.ZI.l i D
(City manager I Executive Director I etc.)
Mailing Address: 7 5'f: l'' t.) . .,2. cl -!,.-~, A. lc_
(Stree t Address/P . 0. Box)
C'C'
(City) (State) (ZIP Code)
Offidill CN1t:rd: ~c ,,,~~ \~·-:-Jc\\·, <-:.
(Pu r chasing Agent/Auditor etc.)
MailingAddress: '7~c L.J. o<,<,-\t, AJe
(Street Address!P. 0 Box)
L~..~kc r, l ~~A.r .. L C <" ~C>C'3s ·~C'r I
Official Con(ad: ~cj "' L \z c;c_.-~-·
(Public Works Director/Police Chief etc.)
Mailing Address: 'l~C.c-t2· ~ri~ \, A .Je..
(Street Address/P. 0. Box)
L~ i.V.t:.. j ~cl~\) t-D Soo 5 '3 :;$b<') I
(City) {State) (ZIP Code)
0 f'fi<:i:tl C'on{~d: --------------
(EMS Director/Fire Chief etc)
Mailing Address:---------------
(Street A ddress/P. 0 Box)
(City) (State) (ZIP Code)
Title: JV\l4 y c ~ .:s
PhNo.:(5~3 ) ...L3 ~~-..2~d)
Fx No.: ( ) ____,.---,---., _____ _
E-Mail Address J~~~~J~r \ .• .,kc.;\~,c:lc~e.
Title: \\,_,, ~\1'\ ·')":,.v1 )\r').;. .") \-
Ph No.: ( 3c~) ,..2 ;S")-.;<,~ 1'
Fx No.: ( .3c ·s ) ..2 3 Y -S'i ,..{ L.l
( ;:: (,( ~
Email Address: J I")~~\', ~ (2 c.~ . L~ kt.c.._ ~ '·,cl ~ ~ .
ct.' ,l\.~
Title: C , ·h l \\'\o ... 0£3{j <-> 5.-
Ph No.: ( sc ~) .~~ s--.;z ~ D~
Fx No.: ( ) ---= ____ _
Email Address: pj ~-<;,=.~@ c_: . ~ \\..Ul-\2,( \~ .
c. 0 ( "s
Title:-------------
Ph No.: ( ) ---Fx No.: ( ) ---Email Address: ----------