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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_. 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