HomeMy WebLinkAboutRes 2016-27RESOLUTION 2016-27
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, APPROVING AN INTERGOVERNMENTAL
AGREEMENT WITH THE EDUCATION SERVICE CENTER, REGION 20 TO
PURCHASE COMMODITIES OR SERVICES.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. The Intergovernmental Agreement with the Education Service Center,
Region 20, known as PACE Purchasing Cooperative ("PACE"), authorizing the Town to
purchase commodities or services through PACE contracts (the "Agreement") is hereby
approved in substantially the form and substance attached hereto as Exhibit A and incorporated
herein by reference.
SECTION 2. 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,
Arizona, October 6, 2016.
FOR THE TOWN OF FOUNTAIN HILLS:
Lmda M. Kavanagh, Mayof
REVIEWED BY:
Grady E.ller, T wn Manager
2777886.1
ATTESTED TO:
APPROVED AS TO FORM:
(DAt,-,
Andrew J. McGuire, Town Attorney
EXHIBIT A
TO
RESOLUTION 2016-27
[Agreement]
See following pages.
2777886.1
INTERLOCAL COOPERATION AGREEMENT
Education Service Center, Region 20 (its' PACE Purchasing Cooperative)
ARIZONA PUBLIC AGENCY
(School, College, University, State City or County Office)
ARIZONA
EDUCATIONAL OR GOVERNMENT ENITY
and
Schools enter Count -District Number
if applicable
Education Service Center, Region 20 (its' PACE Purchasing Coop) 015-950
San Antonio, Texas Region 20 County -District Number
The Texas Education Code §8.002 permits Regional Education Service Center, at the direction
of the Commissioner of Education, to provide services to assist school districts, colleges and
universities in improving student performance and increasing the efficiency and effectiveness of
school, college and university financial operations.
Interlocal contracts are authorized by the Texas Interlocal Cooperation Act (TICA) TEX.GOV'T
CODE §791.001, et seq. TICA provides statutory authority for local governments, such as school
districts and educational service centers, to contract or agree with another local government to
perform governmental functions and services that each party to the contract is authorized to
perform individually. TEX. GOVT CODE §791.001, et seq. TICA specifically authorizes
agreements to purchase goods and any services reasonably required for the installation, operation
or maintenance of the goods. TEX. GOVT CODE §791.025. An interlocal contract must be
authorized by the governing body of each party; state the purposes, terms, rights and duties of the
parties; and specify that each party paying for the performance of the governmental functions
and services must make those payments from current revenues available to the paying party.
TEX.GOV'T CODE §791.011(d).
Government Authority:
ARIZ. REV. STAT. ANN. § 41-2631. Definitions
In this article, unless the context otherwise requires:
1. "Cooperative purchasing" means procurement conducted by, or on behalf of, more than one
public procurement unit.
2. "External procurement activity" means any buying organization not located in this state that
would qualify as a public procurement unit.
3. "Local public procurement unit" means any political subdivision, any agency, board,
department or other instrumentality of such political subdivision and any nonprofit corporation
created solely for the purpose of administering a cooperative purchase under this article.
4. "Nonprofit corporation" means any nonprofit corporation as designated by the internal
revenue service under section501(c)(3) through 501(c)(6) or under section 115, if created by two
or more local public procurement units, includes certified nonprofit agencies that serve
individuals with disabilities as defined in section 41-2636.
5. "Public procurement unit" means a local public procurement unit, the department, any other
state or an agency of the United States.
ARIZ. REV. STAT. ANN. § 41-2632
A. Any public procurement unit may either participate in, sponsor, conduct or administer a
cooperative purchasing agreement for the procurement of any materials, services, professional
services, construction or construction services with one or more public procurement units or
external procurement activities in accordance with an agreement entered into between the
participants. The cooperative purchasing may include joint or multi-party contracts between
public procurement units and open-ended public procurement unit contracts that shall be
available to local public procurement units. A nonprofit corporation may enter into an agreement
pursuant to this section if one or more of the parties involved is a public procurement unit... .
F. Parties under a cooperative purchasing agreement may:
1. Sponsor, conduct or administer a cooperative agreement for the procurement or disposal of
any materials, services or construction.
2. Cooperatively use materials or services.
3. Commonly use or share warehousing facilities, capital equipment and other facilities.
4. Provide personnel, except that the requesting public procurement unit shall pay the public
procurement unit providing the personnel the direct and indirect cost of providing the personnel,
in accordance with the agreement.
5. On request, make available to other public procurement units informational, technical or other
services or software that may assist in improving the efficiency or economy of procurement. The
public procurement unit furnishing the informational, technical or other services or software has
the right to request reimbursement for the reasonable and necessary costs of providing these
services or software.
ARIZ. REV. STAT. ANN. § 11-952
A. If authorized by their legislative or other governing bodies, two or more public agencies or
public procurement units by direct contract or agreement may contract for services or jointly
exercise any powers common to the contracting parties and may enter into agreements with one
another for joint or cooperative action or may form a separate legal entity, including a nonprofit
corporation, to contract for or perform some or all of the services specified in the contract or
agreement or exercise those powers jointly held by the contracting parties.
Effective:
This Interlocal Agreement (hereinafter referred to as the `Agreement") is effective
and shall be automatically renewed annually unless either party gives
sixty (60) days prior written notice of non -renewal. This Agreement may be terminated without
cause by either party upon sixty (60) days prior written notice, or may also be determined for
cause at any time upon written notice stating the reason for and effective date of such
terminations and after giving the affected party a thirty (30) day period to cure any breach.
Statement of Services to be Performed:
Education Service Center, Region 20 by this Agreement, agrees to provide competitively bid
cooperative purchasing services to the above-named public entity through a program known as
PACE Purchasing Cooperative.
Role of the PACE Purchasing Cooperative:
1. Provide organizational and administrative structure of PACE.
2. Provide Administrative and Support Staff necessary for efficient operation of PACE.
3. Provide marketing of the PACE to expand membership, awarded contracts and
commodity categories.
4. Initiate and implement activities required for competitive bidding and vendor award
process including posting, advertising, collecting proposals, scoring proposals, and
awarding of vendor contracts.
5. Provide members with current awarded vendor contracts, instructions for obtaining
quotes and ordering procedures.
6. Maintain filing system for all competitive bidding procedure requirements.
7. Provide Reports as requested.
Role of the Education or Government Entity:
1. Commit to participate in PACE.
2. Designate a Primary Contact for the entity to be responsible for promoting PACE within
the organization.
3. Commit to purchase products and services from PACE Vendor Awarded Contracts when
in the best interest of the entity.
4. Accept shipments of products ordered from Awarded Vendors in accordance with
standard purchasing procedures.
5. Pay Awarded Vendors in a timely manner for all goods and services received.
6. Report any vendor issues that may arise to the PACE Cooperative Contact.
General Provisions:
Both Parties agree to comply fully with all applicable federal, state, and local statutes,
ordinances, rules, and regulations in connection with the programs contemplated under this
Agreement. This Agreement is subject to all applicable present and future valid laws governing
such programs.
This Agreement shall be governed by the laws of the State of Texas and venue shall be in the
county in which the administrative offices of Education Service Center, Region 20 are located
which is Bexar County, Texas.
It is the responsibility of the Entity purchasing from PACE Purchasing Cooperative awarded
vendors to insure that the respective State purchasing laws are being followed.
This Agreement contains the entire agreement of the Parties hereto with respect to the matters
covered by its terms and it may not be modified in any manner without the express written
consent of the Parties.
If any term(s) or provision(s) of this Agreement are held by a court of competent jurisdiction to
be invalid, void, or unenforceable, the reminder of the provisions of this Agreement shall remain
in full force and effect.
Before any party may resort to litigation, any claims, disputes or other matters in question
between the Parties to this Agreement shall be submitted to the nonbinding mediation.
No 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 its execution of this
Agreement and performance of the functions and obligations described herein.
This Agreement may be negotiated and transmitted between the Parties by means of a facsimile
machine and the terms and conditions agreed to are binding upon the Parties.
Authorization:
Education Service Center, Region 20 and PACE Purchasing Cooperative have entered into an
Agreement to provide competitively bid cooperative purchasing opportunities to entities as
outlined above.
The Interlocal Agreement process was approved by the governing boards of the respective
Parties at meetings that were posted and held in accordance with the respective STATE Open
Meetings Act, for Texas it was Government Code Ch. 551.
The individuals signing below are authorized to do so by the respective Parties to this Agreement.
INTERLOCAL COOPERATION AGREEMENT
Please send a signed Interlocal Agreement to (or fax to 210-370-5776 or e-mail to
jim. metzger@esc20.net):
Education Service Center, Region 20
Attn: PACE Coop
1314 Hines Ave
San Antonio, TX 78208.
Public Entity
BY:
Author'n gnature
Title
4 /61
Date
BY:
Education Service Center, Region 20
Authorized Signature
Purchasing Coordinator
Title
Date
dl-aia Jim Metzger
Contact erson Contact Person
Fl no,.V to �IrcdJoP,__ Purchasing Coordinator
Title of Contact Person Title of Contact Person
Z(; ; �?0� us
Street Address
City, State, Zip
210-370-5204
Phone Number
210-370-5776
Fax Number
!Zdu ,fl6 —S-10 /44f� - ] ;j14 jim.metz er@esc20.net
Phone/Fax Number E-mail Address
E-mail Addrefs