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R-2014-043 2014-05-19RESOLUTION NO. R2014-43 A resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to enter into an Interlocal Agreement with the National Intergovernmental Purchasing Alliance for cooperative purchasing. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain Interlocal Agreement by and between the City of Pearland and the National Intergovernmental Purchasing Alliance, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest said Interlocal Agreement with the National Intergovernmental Purchasing Alliance. PASSED, APPROVED and ADOPTED this the 19th day of May, A.D., 2014. ATTEST: APPROVED AS TO FORM: r DARRIN M. COKER CITY ATTORNEY ā€ž___Iā€ž,, TOM REID MAYOR \AT O\ALIPA Resolution No. R2014-43 Exhibit "A" MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT This Agreement is made between certain government agencies that execute a Principal Procurement Agency Certificate ("Principal Procurement Agencies") to be appended and made a part hereof and other public agencies ("Participating Public Agencies") that register electronically with National Intergovernmental Purchasing Alliance Company ("National IPA") or otherwise execute a Participating Public Agency Certificate to be appended and made a part hereof. RECITALS WHEREAS, after a competitive solicitation and selection process by Principal Procurement Agencies, a number of Suppliers have entered into Master Agreements to provide a variety of goods, products and services based on national volumes (herein "Products"); WHEREAS, Master Agreements are made available by Principal Procurement Agencies through National IPA and provide that Participating Public Agencies may purchase Products on the same terms, conditions and pricing as the Principal Procurement Agency, subject to any applicable local purchasing ordinances and the laws of the State of purchase; NOW, THEREFORE, in consideration of the mutual promises contained in this agreement, and of the mutual benefits to result, the parties agree as follows: l . That each party will facilitate the cooperative procurement of Products. 2. That the procurement of Products subject to this agreement shall be conducted in accordance with and subject to the relevant statutes, ordinances, rules and regulations that govern each party's procurement practices. 3. That the cooperative use of solicitations obtained by a party to this agreement shall be in accordance with the terms and conditions of the solicitation, except as modification of those terms and conditions is otherwise allowed or required by applicable law. 4. That the Principal Procurement Agencies will make available, upon reasonable request and subject to convenience, information which may assist in improving the procurement of products by the Participating Public Agencies. 5. That a procuring party will make timely payments to the Supplier for Products received in accordance with the terms and conditions of the procurement. Payment for Products and inspections and acceptance of Products ordered by the procuring party shall be the exclusive obligation of such procuring party. Disputes between procuring party and Supplier are to be resolved in accord with the law and venue rules of the State of purchase. 6. The procuring party shall not use this agreement as a method for obtaining additional concessions or reduced prices for similar products or services. 7. The procuring party shall be responsible for the ordering of Products 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 party harmless from any liability that may arise from action or inaction of the procuring party. 8. This agreement shall remain in effect until termination by a party giving 30 days written notice to the other party. The provisions of paragraphs 5, 6 and 7 hereof shall survive any such termination. 9. This agreement shall take effect after execution of the Principal Procurement Agency Certificate or Participating Public Agency Registration, as applicable. Authorized Signature, Participating Public Agency NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY Signature Clay Pearson Name City Manager, City of Pearland Title and Agency Name May 19, 2014 /9 47 ā€¢ Signature Roger D. Dempsey, C.P.M., A.P.P. Name Regional Manager - South Central Title 04/05/2013 Date Date Project Manual for: City of Pearland Fire Station No. 3 3207 Yost Boulevard Pearland, Texas Resolution No. R2014-4! Exhibit "A" Bid No.: 0114-15 EABPRJB4808786 January 31, 2014 Prepared By: BROWN REYNOLDS WATFORD ARCHITECTS, INC. 2700 EARL RUDDER FWAY SOUTH SUITE 4000 COLLEGE STATION, TEXAS 77845 (979) 694-1 791; FAX (979) 694-829