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Home My WebLink AboutRes 2007-38 RECEIVED W, P . JZOO/ Lir RESOLUTION NO. 2007-38 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH MOHAVE EDUCATIONAL SERVICES, INC., RELATING TO A COOPERATIVE PURCHASING PROGRAM. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS as follows: SECTION I. That the Intergovernmental Agreement between the Town of Fountain Hills and Mohave Educational Services, Inc., relating to a cooperative purchasing program (the "Agreement"), is hereby approved in the form attached hereto as Exhibit A and incorporated herein by this reference. SECTION 2. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to cause the execution of the Agreement and to take all steps necessary to carry out the purpose and intent of this Resolution. PASSED AND ADOPTED BY the Mayor and Council of the Town of Fountain Hills, September 9, 2007. FOR THE TOWN OF F NTAIN HILLS: ATTESTED TO: • ZU/6e1 W. . Nichols, ayor Bevelyn J. B der, wn Clerk REVI ED Y: APPROVED AS TO FORM: G r Timothy G. Pickering,Town anager Andrew J. McGuire,Town Attorney L 755295.I ,41) EXHIBIT A TO RESOLUTION NO.2007-38 [Intergovernmental Agreement] See following pages. `4411) 755295.1 MOHAVE EDUCATIONAL SERVICES COOPERATIVE, INC. COOPERATIVE PURCHASE AGREEMENT 625 East Beale Street o Kingman, AZ 86401-5920 (928)753-6945 Phone o(928)718-3232 Fax www.mesc.org This Agreement entered into the clay of CD k r 20Z ,by and between Mohave Educational Services Cooperative, Inc., an Arizona nprofit corporation andpublic procurement unit P established pursuant to provisions of A.R.S.4 11-952 A.R.S. I 52.01, and A.R.S. § 41-2632, hereinafter called "MESC," and" f \ ,\c\ \A , a local or public procurement unit, or a governmentalpublic entitythat is a Iitical subdivision for purposes of Po P P federal income tax,or a nonprofit educational or public health institution that is a political subdivision for purposes of federal income tax or meets the requirements of § 115 of the Internal Revenue Code, hereinafter called the "Member," to permit the Member to purchase materials,services and construction from vendors at the prices and terms contained in contracts between MESC and those vendors. The governing body of any Member may enter into an Agreement with MESC for the purpose of utilization of term contracts by such Member(Arizona State Procurement Code,A.R.S. §41-2631 et seg;A.R.S. § 15- 213;Arizona State Board of Education School District Procurement Rules,R7-2-1001 et seg.). In consideration of the mutual promises contained in this Agreement, and the mutual benefits to result there from,the parties agree as follows: 1. MESC shall: i a. Provide the Member with information on contracts, products and services via MESC's website and/or other means as MESC determines appropriate. b. Use specifications, terms and conditions for products, materials, services, and construction determined appropriate by MESC. c. Conduct the procurement in compliance with the Arizona State Procurement Code and the Arizona State Board of Education School District Procurement Rules (A.R.S. Title 41, Chapter 23 and A.A.C. R7-2-lOOI et seq). MESC will seek contracts for a variety of materials, services, equipment,and/or construction to enable Members to be/remain in compliance with local,State,or Federal'laws or rules,and that promote the overall efficiency,effectiveness and economy of public • procurement. d. Indicate that all Members will be eligible participants in any solicitation intended for general use by MESC's Members. In addition, MESC may invite Members to participate in specific solicitations. Members indicating an interest in participating in such specific solicitations will be eligible to participate in the resulting contracts. e. Hold the Member harmless from any liability which may arise from MESC's action or inaction relating to this Agreement. 2. The Member shall: a. Insure that purchase orders issued against MESC contracts are processed in accordance with the processes and procedures established by MESC, and the terms and prices established in said contracts. b. Pay for materials,services or construction in accordance with the terms of the applicable MESC contract. Payment for,and inspection and acceptance of materials,services or construction ordered by the Member shall be the exclusive obligation of the ordering Member. c. Not use an MESC contract as a method for obtaining additional concessions or reduced prices for similar material or services. d. Be responsible for ordering of materials, services or construction under this Agreement. MESC shall not be liable in any fashion for any violation by the Member of this Agreement, and the Member shall hold MESC harmless from any liability,which may arise from action or inaction of the member relating to the Agreement or its subject matter. Crm - - __ Rev.3/6/07,JTP MSC Cooperative Purchase Agreement e. Pay to MESC an administration fee based upon the cost of ordered materials, services and/or construction (excluding shipping, taxes, bonds, and other ancillary costs specified by MESC), as provided in A.R.S. § 41-2632(5). The amount of the administration fee shall be determined by the MESC Board of Trustees,and shall be remitted to MESC as specified by MESC. 3. The exercise of any rights or remedies by the Member shall be the exclusive obligation of the Member. However, MESC as the contract administrator,and without subjecting itself to any liability, may join in the resolution of any controversy should it so desire. 4. MESC assists Members with purchase verification. However, it is the Member's responsibility to independently verify that quotations and purchase orders comply with the terms of the award of a contract or procurement. 5. MESC may terminate this Agreement without notice if the Member fails to comply with the terms of this Agreement and/or the terms of a MESC contract. 6. The Member may terminate the Agreement without notice if MESC fails to comply with the terms of this Agreement. 7. Either party may terminate this Agreement with at least ninety (90) days written notice to the other party. 8. Termination of this Agreement shall not relieve the Member from Member's exclusive obligation to comply with the terms of any Member purchase order issued prior to termination and payment for materials,services and/or construction so ordered and received. 9. This Agreement shall take effect upon execution by the parties and shall continue until it is terminated. This Agreement supersedes any and all previous Cooperative Purchase Agreements between MESC and the Member. 10. Failure of a Member to secure performance from a vendor in accordance with the terms and conditions of its purchase order does not mean MESC will be required to exercise its own rights or remedies. 11. This agreement may be canceled pursuant to the provisions of A.R.S. § 38-511;and is exempt from the provisions of A.R.S. § 11-952,subsections D, E,and F under the provisions of A.R.S. §41-2632 and Arizona State Board of Education Rule R7-2-1191. 12. The Member and MESC agree to be in compliance with all State and Federal employment hiring and employee practices. Both parties agree to use arbitration to the extent required in A.R.S.§ 12-1518. IN WITNESS HfR e parties of this Agreement have caused their names to be affixed. FOR C • Signs ure — \ Signature U V7-> Printed Name Printed Name -L-AN7, Title Titl Rev.316/07,JTP Page 2 • M1ESC Cooperative Purchase Agreement Welcome to Mohave We need some information for your member record. We look forward to serving your purchasing needs. Name of Organization w tJ O F cO c rJ t L-L_$ Correspondence Address 1t�'10 5 . (NOC—tluE. OF MG_ YOur`1TA NS fr S5pro8 Street City (2r u nS NI H ILL-5 State&Zip Billing Address SR Street City State&Zip County (\Pre,t C.OPPt Type of Organization: Public School College/University City Government County Government Federal Government Tribal Government BIA School Other Political Subdivision Nonprofit Education or Public Health Institution (A nonprofit education or public health institution must be a political subdivision for purposes of federal income tax or meet the requirements of§ 115 of the Internal Revenue Code. Attach supporting documentation.) Contacts Purchasing: A A te( M Or2T t t.I C'•$Q. 16- 5%19 Name Phone# Aga.- i- ?jt4h rnmaC-Nu-\ 4n' .4�.tOJ Fax# Email Address Accounts Payable: PA G Pr i"'r"A d O G DArr1 ea NO G G p-rJ@ {.l,G si,,noJ Name (chonei;osyg AcKo-�S3 \- 3145 5 ? 61 Fax# Email Address Superintendent/ Director: L 1 1. j, C4‘$el $%6 5 1 13 Name Phone# \ he.4--�-t C h � .a ..eoLi Fax if �ddress Rev.3/6/07,JTP Page 3