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Home My WebLink AboutMO #2499MUNICIPAL ORDER NO. 2499 A MUNICIPAL ORDER OF THE CITY OF PADUCAH, KENTUCKY, AUTHORIZING AND APPROVING AN INTERLOCAL CONTRACT FOR COOPERATIVE PURCHASING WITH THE HOUSTON-GALVESTON AREA COUNCIL AND AUTHORIZING THE EXECUTION OF ALL DOCUMENTS RELATED TO SAME WHEREAS, KRS 45A.295 & KRS 45A.300 allow for Local Governments to enter into cooperative purchasing agreements for the acquisition of any supplies, services, or construction with any other public purchasing unit or foreign purchasing activity, in accordance with an agreement entered into between the participants; and WHEREAS, the City desires to enter into an Interlocal Contract for Cooperative Purchasing with the Houston -Galveston Area Council (H -GAC) for said purpose. NOW THEREFORE, BE IT ORDERED BY THE CITY COMMISSION OF THE CITY OF PADUCAH, KENTUCKY, AS FOLLOWS: SECTION 1. Recitals and Authorization. The City hereby authorizes and approves an Interlocal Contract for Cooperative Purchasing by and between the City of Paducah and the Houston -Galveston Area Council (H -GAC) in substantially the same form attached hereto and made part hereof as Exhibit A. Further, the Mayor of the City is hereby authorized to execute the Interlocal Contract for Cooperative Purchasing and all documents relating to same with such changes in the agreements not inconsistent with this Municipal Order and not substantially adverse to the City as may be approved by the official executing the same on behalf of the City. SECTION 2. Effective Date. This Order shall be in full force and effect from and after the date of its adoption. George Bray, Mayor Attest: mdsay Paris ity Clerk Adopted by the Board of Commissioners, September 14, 2021 Recorded by Lindsay Parish, City Clerk, September 14, 2021 \mo\ Interlocal Cooperative Purchasing — HGAC 2021 HGACBEffir tLMERI,OCAL CONTRACT FOR ILC No.: • _^••• • �•,,+^,^, „^ COOPERATIVE PURCHASING ILC21-11431 rrnmwrb..a Jc.nrMA W rwnc THIS INTERLOCAL CONTRACT ("Contract"), made and entered into pursuant to the Texas Interlocal Cooperation Act, Chapter 791, Texas Goverment Code (the "Act'), by, and between the Houston-Galveston Area Council, hereinafter referred to as "H-GAC," having its principal place orbusiness at 3555 Timmons Lane, Suite 120, Houston, Texas 77027; and City Of Paducah, a local government, a state agency, or a non-profit corporation created and operated to provide one or more governmental functions and services, hereinafter referred to as "End User," having its principal place of business at 1120 North 10TH Street Paducah, KV 42001. WrI'NTSSEIL WHEREAS, H -GAC is a regional planning commission and political subdivision of the State of Texas operating under Chapter 391, Texas Local Government Code; and WHEREAS, pursuant to the Act, H -GAC is authorized to contract with eligible entities to perform governmental functions and services, including the purchase of goods and services; and WHEREAS, in reliance on such authority, H -GAC has instituted a cooperative purchasing program under which it contracts with eligible entities under the Act; and WHEREAS, End User has represented that it is an eligible entity under the Act, that its governing body has authorized this Contract on 0911412021 (Date), and that it desires to contract with H -GAC on the terms set forth below; NOW, THEREFORE, H -GAC and the End User do hereby agree as follows: ARTICLE 1: LEGAL. AUTHORITY The End User represents and warrants to H -CAC that (1) it is eligible to contract with H -GAC under the Act because it is one of the following: a local government, its defined in the Act (a county, a municipality, a special district, or other political subdivision of the State of Texas or any other state), or a combination of two or more of those entities, a state agency (an agency of the State of Texas as defined in Section 771.002 of the Texas Government Code, or a similar agency of another state), ora non-profit corporation created and operated to provide one or more governmental functions and services, and (2) it possesses adequate legal authority to enter into this Contract. ARTICLE, 2: APPLICABLE LAWS H -GAC and the End User agree to conduct all activities under this Contract in accordance with all applicable rules, regulations, and ordinances and laws in effect or promulgated during the term of this Contract. ARTICLE. 3: WHOLF AGREEMENT This Contract and any attachments, as provided herein, constitute the complete contract between the parties hereto, and supersede any and all oral and written agreements between the parties relating to matters herein. ARTICLE 4: PERFORMANCE PERIOD The period of this Contract shall be for the balance of the fiscal year of the End User, which began 07/01/2021 and ends 06130/2022. This Contract shall thereafter automatically be renewed annually for each succeeding fiscal year, provided that such renewal shall not have the effect of extending the period in which the End User may make any payment due an 1I- GAC contractor beyond the fiscal year in which such obligation was incurred under [his Contract. ARTICLE 5• SCOPE OF SERVICES The End User appoints H -GAC its true and lawful purchasing agent for the purchase of certain products and services through the H- GAC Cooperative Purchasing Progra, m. End User will access the program through HGACBuy.com and by submission of any duly executed purchase order, in the form prescribed by H -GAC to a contractor having a valid contract with H -GAC. All purchases hereunder shall be in accordance with specifications and contract terms and pricing established by H -GAC. Ownership (title) to products purchased through 11 -GAC shall transfer directly from the contractor to the End User. ARTiCLE'6• PAYMENTS I -1 -GAC will confirm each order and issue noticeto contractor to proceed. Upon delivery ofgoods or services purchased, and presentation of a properly documented invoice, the End User shall promptly, and in any case within thirty (30) days, pay H- GAC's contractor the full amount of the invoice. All payments for goods or services will be made from current revenues available to the paying parry. In no event shall H -GAC have any financial liability to die End User for any goods or services End User procures from an H- GAC contractor. ARTICLE 7• CHANCES AND AMENDMENTS This Contract may be amended only by a written amendment executed by both parties, except that any alterations, additions, or deletions to the terms of this Contract which are required by changes. in Federal and State law or regulations are automatically incorporated into this Contract without written amendment hereto mid shall become effective on the dale designated by such law or regulation. H -GAC reserves the right to make changes in the scope of products and services offered through the H -GAC Cooperative Purchasing Program to be performed hereunder. ARTICLE 8: TERMINATION PROCEDURES II -GAC or the End User may cancel this Contract at any time upon thirty (30) days written notice by certified mail to die other party to this Contract. The obligations of the End User, including its obligation to pay H-GAC's contractor for all costs incurred under this Contract prior to such notice shall survive such cancellation, as well as any other obligation incurred under this Contract, until performed or discharged by the End User. ARTICLE 9. SF.VFRABILITY All parties agree that should any provision of this Contract be determined to be invalid or unenforceable, such determination shall not affect any other term of this Contract, which shall continue in full force and effect. ARTICLE 10: FORCE MAKURE To the extent that either party to this Contract shall be wholly or partially prevented from the performance within the term specified of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event, tie time Ibr the perfonumhce of such obligation or duty shall be suspended until such disability to perform is removed; provided, however, force nuhjeurc shall not excuse an obligation solely to pay funds. Detennination of force Majeure shall rest solely with 1{-GA6. ARTICLE 11: VENUE Disputes between procuring petty and Vendor are to be resolved in accord with die law and venueratesof the State of purchase. THIS INSTRU MENT HAS BEEN EXECUTED BY THE PARTIES HERETO AS FOLLOWS: City Of Paducah Name of End User (local government, agency, or non-profit corporation) 1120 North 10TH Street Mailing Address Paducah. HY 42001 City, State ZIP Code Signature of chief elected or appointed official I Dale Gcorge Bray, Mayor Typed Dame K Title of Signatory, Houston-Cals,esronArea Corraeil 3555 Thhmhons Lane, Suite 120, Houston, TX 77027 By: Executive Director