R2018-086 2018-05-14 RESOLUTION NO. R2018-86
A Resolution of the City Council of the City Of Pearland, Texas, renewing a
contract to purchase automotive tires from Goodyear Tire and Rubber
Company via Adame Auto Center through the Member Intergovernmental
Cooperative Purchasing Agreement with National Purchasing Partners in an
amount not to exceed$100,000.00,for the period of May 23,2018 through May
22, 2019.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That the City previously awarded a unit supply bid for the purchase of
automotive tires.
Section 2. That the City Council hereby renews the contract through Cooperative
Purchasing Agreement with NPP, in the unit supply amount reflected in Exhibit"A", attached hereto.
Section 2. That the City Manager or his designee is hereby authorized to execute a
contract to purchase automotive tires through the NPP.
PASSED, APPROVED and ADOPTED this the 14th day of May, A.D., 2018.
TOM REID
MAYOR
ATTEST:
L. • A
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MA ISA RODRIGUEZ TR Vii► -� ��
ao
DEP Y CITY SECRETARY ��''•
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Exhibit A
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National Purchasing Partners
Member Intergovernmental Cooperative Purchasing Agreement
This Intergovernmental Agreement (Agreement) by and between government
entities that execute a Lead Contracting Agency Authorization ("Lead Contracting
Agency(ies)") to be supplemented and made a part hereof and participating National
Purchasing Partners ("NPP") government entity members ("Participating Agencies")
including members of FireRescue GPO and Public Safety GPO, that agree to the terms
and conditions of this Agreement. All NPP Lead Contracting Agencies and Participating
Agencies shall be considered as"parties"to this agreement.
WHEREAS, upon completion of a formal competitive solicitation and selection
process, the Lead Contracting Agencies have entered into Master Price Agreements with
one or more Vendors to provide goods and services,often based on national sales volume
projections;
WHEREAS, NPP, created by a nonprofit medical center, provides group
purchasing marketing and administrative support for governmental entities within the
membership. NPP's marketing and administrative services are free to its membership,
which includes participating public entities and non-profit institutions throughout the
United States and Canada.
WHEREAS,NPP has instituted a cooperative purchasing program under which
member Participating Agencies may reciprocally utilize competitively solicited Vendor
Contracts through the inclusion of the membership in Lead Contracting Agency bid
Solicitation and Master Price Agreements;
WHEREAS, the Master Price Agreements provide that all members of NPP may
purchase goods and services on the same terms, conditions and pricing as the Lead
Contracting Agency, subject to applicable local and state laws of the Participating
Agencies;
WHEREAS, the parties agree to comply with the requirements of the
Intergovernmental Cooperation Act as may be applicable to the local and state laws of the
Participating Agencies;
WHEREAS,the parties desire to conserve and leverage resources,and to improve
the efficiency and economy of the procurement process while reducing solicitation and
procurement costs;
WHEREAS, the parties are authorized and eligible to contract with governmental
bodies and Vendors to perform governmental functions and services, including the
purchase of goods and services;and
WHEREAS, the parties desire to contract with Vendors under the terms of the
Master Price Agreements open to all Participating Agencies;
NOW,THEREFORE,the parties agree as follows:.
ARTICLE 1: LEGAL AUTHORITY
Each Party represents and warrants that it is eligible to participate in this
Agreement because it is a local government or non-profit corporation created and
operated to provide one or more governmental functions and possesses adequate legal
authority to enter into this Agreement.
ARTICLE 2: APPLICABLE LAWS
The procurement of goods and services subjectto this Agreement shall be
conducted in accordance with and subject to the relevant statutes, ordinances, rules,and
regulations that govern each party's procurement policies. It is the responsibility of each
party to ensure it has met all applicable solicitation and procurement requirements, both
in state law and local policy. .
ARTICLE 3: USE OF BID,PROPOSAL OR PRICE AGREEMENT
a. Each party will facilitate thecooperative procurement of goods and services.
b. The procuring party shall be responsible for the ordering of goods and services
under this Agreement. A non-procuring party shall not be liable in any
fashion for any violation by a procuring party,and the procuring party shall
hold non-procuring parties harmless from any liability that may arise from
action or inaction of the procuring party.
c. The procuring party shall not use this agreement as a method for obtaining
additional concessions or reduced prices for similar goods and services outside
the scope of the Master Price Agreements and NPP.
d. The exercise of any rights or remedies by the procuring party shall be the
exclusive obligation of such procuring party.
e. The cooperative use of bids,proposals or price agreements obtained by a party
to this Agreement shall be in accordance with the terms and conditions of the
bid,proposal or price agreement,except as modified where otherwise allowed
or required by applicable law, and does not relieve the party of its other bid
requirements under state law or local policies.
ARTICLE 4: PAYMENT OBLIGATIONS
The procuring party will make timely payments to Vendors for goods and services
received in accordance with the terms and conditions of the procurement. Payment for
goods and services, inspections and acceptance of goods and services ordered by the,
procuring party shall be the exclusive obligation of such procuring party. Disputes
between procuring party and Vendor shall be resolved in accordance with the law and
venue rules of the state of the procuring party.
ARTICLE 5: COMMENCEMENT DATE
This Agreement shall take effect after execution of the"Lead Contracting Agency
Endorsement and Authorization" or "Participating Agency Endorsement and
Authorization,"as applicable.
ARTICLE 6: TERMINATION OF AGREEMENT
This Agreement shall remain in effect until terminated by a party giving 30 days
written notice to the Lead Contract Agency.
ARTICLE 7: ENTIRE AGREEMENT
This Agreement and any attachments,as provided herein, constitute the complete
Agreement between the parties hereto, and supersede any and all oral and written
agreements between the parties relating to matters herein.
ARTICLE 8: CHANGES AND AMENDMENTS
This Agreement may be amended only by a written amendment executed by all
parties, except that any alterations, additions, or deletions of this Agreement which are
required by changes in Federal and State law or regulations are automatically
incorporated into this Agreement without written amendment hereto and shall become
effective on the date designated by such law or regulation.
ARTICLE 9: SEVERABILITY
All parties agree that should any provision of this Agreement be determined to be
invalid or unenforceable, such determination shall not affect. any other term of this
Agreement,which shall continue in full force and effect.
THIS INSTRUMENT HAS BEEN EXECUTED IN, TWO OR MORE
ORIGINALS BY EXECUTION AND ATTACHMENT OF EACH "LEAD
CONTRACTING AGENCY ENDORSEMENT AND AUTHORIZATION" OR
"PARTICIPATING AGENCY ENDORSEMENT AND AUTHORIZATION," AS
APPLICABLE. ONCE EXECUTED, IT IS THE RESPONSIBILITY OF EACH
PARTY TO FILE THIS AGREEMENT. WITH THE PROPER AGENCY IF
REQUIRED BY LOCAL OR STATE LAW.
•
LEAD CONTRACTING AGENCY
ENDORSEMENT AND AUTHORIZATION
The undersigned acknowledges, on behalf of League of Oregon Cities (Lead
Contracting Agency) that he/she has read and agrees to the general terms and conditions
set forth in the enclosed Member Intergovernmental Cooperative Purchasing,Agreement
regulating use of the Master Price Agreements and purchase of goods and services that
from time to time are made available by Lead Contracting Agencies 'to Participating
Agencies locally, regionally, and nationally through NPP. Copies of Master Price
Agreements and any amendments thereto made available by Lead Contracting Agencies
will be provided to Participating Agencies and NPP to facilitate use by Participating
Agencies.
The undersigned understands that the purchase of goods and services under the
provisions of the Member Intergovernmental Cooperative Purchasing Agreement is at the
absolute discretion of the Participating Agencies.
The undersigned affirms that he/she is an agent of League of Oregon Cities and is
duly authorized to sign this Lead Contracting Agency Endorsement and Authorization.
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BY:
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Lead Contracting Agency Contact Information:
Contact Person: (J - U
Address: 20k 000E-c- 2_00,
Telephone No.: 6 0'2). rj `E t(e7 1
Email: "V"i t O%4")
PARTICIPATING AGENCY
ENDORSEMENT AND AUTHORIZATION
The undersigned acknowledges, on behalf of City of Pearland (Participating
Agency) that he/she has read and agrees to the general terms and conditions set forth in
the enclosed Member Intergovernmental Cooperative Purchasing Agreement regulating
use of the Master Price Agreements and purchase of goods and services that from time to
time are made available by Lead Contracting Agencies to Participating Agencies locally,
regionally,and nationally through NPP.
The undersigned further acknowledges that the purchase of goods and services
under the provisions of the Member Intergovernmental Cooperative Purchasing
Agreement is at the absolute discretion of the Participating Agency and that neither the
Lead Contracting Agency nor NPP shall be held liable for any costs or damages incurred
by or as a result of the actions of the Vendor or any other Participating Agency. Upon
award of contract, the Vendor shall deal directly with the Participating Agency
concerning the placement of orders,disputes,invoicing and payment.
The undersigned affirms that he/she is an agent of City of Pearland and is
duly authorized to sign this Participating Agency Endorsement and Authorization.*
Date: S-30 /7
Br- "JE D. t°..c
ITS: Mr `L h..
Participating Agency Contact Information:
Contact Person: t?ob Pecurce.-
Address: - 35 i cl L tocr+1 1Dr.
Pe4i,r ktna 7Ic{3 t
Telephone No.: 213 1, t052 , i ( ( j
Email: b7ect.rCP, @ pear land-1-N1,90V
* In addition to execution of this Member Intergovernmental Cooperative Purchasing
Agreement,all Participating Agencies must be registered members of NPP and/or
FireRescue GPO in order to access NPP competitively bid contracts. Registration is fast
and free. Go to www.nppgoverninent.com or contact a customer service representative at
1-877-329-8847 or customerservice@nppgovernment.com.nppgovernrnent.com.
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