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Home My WebLink AboutResolution - 2024-R0104 - Interlocal Agreement, Purchasing Cooperative Of America - 03/05/2024Resolution No. 2024-RO104 Item No. 5.3 March 5, 2024 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Interlocal Agreement, Contract No. 17916 by and between the City of Lubbock and Purchasing Cooperative of America, of Houston, TX for cooperative purchasing of goods and services, and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the Council. Passed by the City Council this March 5, 2024 2024. SHELIA PATTERSON HA.RRIS, MAYOR PRO TEM ATT ST: Courtney Paz, City Secretary APPROVED AS TO CONTENT: D. IkAostetich, ChiePY411ancial Officer APPROVED AS TO FORM: Kelli Leisure, Senior Assistant City Attorney RES.Interlocal Contract 17916-IICA coop agreement 2.13.24 Resolution No. 2024-RO104 ?CIA INTERLOCAL AGREEMENT FOR CQ�OPFRATIVE PURCHASING SERVICES This InterIuca_ Agreement Itn Ii sing Services ("Agreement") is entered into by and between City of Lubbock, 1314 Avenue K, Lubbock, Texas 79401 COMPLETE LEGAL NAMF roa NOTABeREVIATE) & MAILING ADDRESS ("PCA Member", "Party"), a governmental nt'ty, and Purchasing Cooperative of America ("PCA", "Party") on '�eaalf of PCA Awarding Agencies -,.: ticipate in all Purchasing Cooperative of America ("PCA"} cool,crative purchasing programs admini�e -.,,! i,., 11CA and its affiliates and subsidiaries and for the pu :)ose et participating i:, the cooperative purri:< sin; services of PCA. Collectively, PCA and PCA Meri ,-: and \\ il! he known ,�s th,, ..I>arties". RECITALS Purpose The purpose of this Agreement is to support public entities by facilitating their purchasing operations through cooperative contracting and to promote real savings for PCA Members with discounts resulting from the competitive bid process. Texas Government Code, Chapter 791, Interlocal Cooperation Act, and Texas Local Gov't. Code, Chapter 271, Subchapter F. Cooperative Purchasing Program al lows for governmental entities to contract for cooperative purchasing services that each Party to the contract is authorized to perform individually. Eligible public entities may use all PCA contracts awarded to a Vendor. Each .:risdiction is subject to its own and members' requirements. The use of a PCA contract by a PCA Nl, r:�ber, along with their signed purchase order or other extension of the contract. constit.ites accel,t:tnco of the contract and compl;;, , :::e interlocal agreement (if required by the enti:,, >; ce:: th•: A ,;,:ding Agency and PCA Men:Lcr. Membership F i-ihility 111•)lic c:..1ties in all 50 states, the U.S. Territories. Can :da d kle.\ico, including local, state and federal ernmental agencies, Indian tribal governments including K-12 public, private anu charter schools, state and private colleges <<nu univci=iJe;; anu HQF:zi>:; nonprofit religious and charitable organizations are eligible to participate :n the PC.,\ purchasing coOp,2:ative. There is no fee to the PCA Member to join or use PCA contracts. Role of the PCA Awarding Agency 1. Acts as Parry to the A-7: cci::ent. 2. Awards PCA co -a, acts ;h<it have been competitively bid. I Provides service and support to PCA, PCA members and vendors, as necessary. Role of the PCA Member 1. Registers on the PCA website, www.peamerica.org, or any successor website. 2. Executes a copy of this Agreement by providing an authorized signature in the appropriate space below and submitting the form to Membersapcamerica.org. Page 1 of 4 ?CA 3µ.rsG YA.w�. 3. Designates a contact person and updates the contact information as necessary. 4. Works with PCA awarded contractors according to the PCA contract. 5. Issues supplemental contras-,,,. purchase orders. or other applicable authorizations for purch<.ses directly to the awarded contractor: ami includes "Purchasing Cooperative of America" or "PCA" and the "Contract Number-- 6. 6. Makes payments to vendors in a tin,cli. manner and ir..;ccordance t': [hc s:atc lz!ws and local procedures applicable to the PCA Member f c1:L,'.l «oods and services recci% c;d. 7. Notifies PCA at the address or email -lhov.n below o: any substantial probleni,� in duality of goods or performance of sere ices ,61th an awarded contractor under a PCA contract. I qdc of the Purchasing Cooperative (PCA) 1. Acts as a group purchasing organization that governmental entities join as members. ?. Performs the administration and management duties and responsibilities for which PCA wI I receive fccs 5ronn PCA vendors using PCA contracts. 3_ pt., rcrmq 'lll of I�- r�tr.lt.t_i'i_. stcps of the Competitive solicitztir,rr in compliance with all applical)lc s'a'c statutes and regulations related to comic _11;procurement and contractii:,-, in the Su,.-.e of Texas. 4. Provides members i cess to cooperative contracts, due diiand PCA vcndor contact information. 5. Provides support and service to PC.� Members and vendors. 6. Performs such ot':,,cr related services and duties as are customarily performed by a entity in a similar position. General Provisions 1. Effective Date. This Agreement is effective upon signature and shall be automatically renewed annually unless either Party gives sixty (60) days prior written notice of non - renewal. 2. No Minimum Purchase Requirement. This Agreement does not obligate the PCA Member to purchase a minimum amount of goods and/or services under any PCA cinn-_..ct. 3. Fcuc.ai Requirements. The parties agree to comply fully with all applicable federal statutes, rules and regulations in connection with the cooperative contracts contemplated under this Agreement. This Agreement is subject to all applicable present and future valid laws governing such programs. 4. State Joint Powers Statutes. It is the sole responsibility of each PCA Member to follow their state procurement statutes as it pertains to cooperative purchasing; or joint power agreements, with in -state or out-of-state public agencies. 5. Governing Law -Texas. Any issue concerning PCA contracts in which a PCA Awarding Agency is involved shall be governed by the law of the State of Texas, excluding the conflicts of law provisions. 6. Venue -hi Texas. Exclusive Venue for any litigation whatsoever involving PCA is the state district court of Harris County, Texas. 7. Governing Law -Outside Texas. PCA member's use of PCA contracts shall be governed by the laws of the State of Texas , excluding the conflicts of law provisions. 8. Venue -Outside Texas. Exclusive Venue for litigation arising between PCA Member and PCA awarded contractor from use of PCA contracts is Lubbock County (court jurisdiction) Page 2 of 4 /'7Cy4 �........._.,.._. 9. 10. l l. 12. 13. 14. 15. 16. 17. Authorization Invalid Provision. If any term(s) or provisions of this Agreement are held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions of this Agreernent shaU remain in full force and effect. Immunitv. Neither Party to this Agreement waives or relinquishes any immunity or defense on behalf of themselves, their directors, officers, employees and agents as a result of this Agreement being executed or the performance of the functions and obligations describe herein. Final Agreement. This Agreement incorporates all agreements, covenants and understandings between the Parties conceming sub,}ect matter in the Agreement. No prior agreement of understanding, verbal or otherwise, by the Parties or their agents, shall be valid or enforceable unless embodied in this Agreement. "As is" Contracts. PCA makes PCA contracts available to tlte PCA Member "as is" and is under no obligation to revise the terms, conditions, scope, prices, and/or any other requirements of the contract for the benefit of the PCA Member. Termination. This Agreement may be terminated with or without cause by either party upon (b0) days prior written notice. Notice. All forms of written notice, under this Agreement, shall be made by first class mail, postage prepaid and delivered to the other Party of this Agreement. Records Requests. PCA Member agrees to cooperate in compliance with any reasonable request for information and/or records made by PCA. Breach of this provision may be grounds for termination after ten (10) days written notice to the PCA Member. Submission. Send the signed Agreement via email to Members _,pcamerica.orQ. Ar► email copy of an executed signature shall have the same force and effect as an original signature page. Term. This Agreement is effective the date of the final signature and shall continue indefinitely, subject to the Ternunation clause. By execution and delivery of this Agreernent, the undersigned individuals warrant that they have been duly authorized to enter into and perform the terms of this Agreement. City of LubboCk urchasing Cooperative of America PC em ization Name Authorized �gnature PCA Aut orized Signature SHEL[A PATTERSON EiARRIS, MAYOR PRO TEM �GA� 1 N E .I l�O� '�...�" Printed Name Title Mayor Date March 5, 2024 ATTEST: Courtney Paz Title City Secretary Printed Name � Title � C� � Dale � /� � Phone 7 j � � �-� ��" ] � 7 � � Email �lA1� C�. � I C � Main PCA Email �camericana.�camerica.or� Page 3 of 4 APPROVED AS TO CONTENT: D. Blu Kostelich, Chief Financial Officer APPROVED AS TO FORM: Kelh Leisure, Senior Assistant City Attorney P'I'-�c40:'4