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Item 4DCity of Southlake, Texas MEMORANDUM May 27, 2009 TO: Shana Yelverton, City Manager FROM: Sharen Jackson, Finance Director Tim Slifka, Purchasing Manager SUBJECT: Authorize interlocal purchasing agreements with the Cities of Cedar Hill, Garland, Desoto, Irving, Rockwall, Corinth and Coppell; with the Counties of Collin, Rockwall and 'Hood; and the Salado Public Library. Authorize cooperative purchasing agreements with the National IPA, The Cooperative Purchasing Network (TCPN) and the National Joint Powers Alliance.(NJPA). Action Requested: Approval of multiple interlocal and cooperative purchasing agreements. Background Information: The Finance department continually researches ways of lowering costs for City required goods and services. One area we have identified as having a dramatically effect in reducing our overall purchasing costs for goods and services is our interlocal and cooperative purchasing agreements. Interlocal purchasing agreements allow us to "piggyback" on other City's purchasing contracts for goods and services. Cooperative purchasing agreements allow us to become part of a much larger purchasing group to substantially increase our purchasing power for goods and services. Financial Considerations: There is no cost to sign interlocal agreements with other City's or these Cooperative Purchasing Agreements. Strategic Link: Providing purchasing options links to multiple areas of the City's Strategy Map including: B1 - Implement and share best practices across all departments. B2 - Collaborate with select partners to implement service solutions. B3 - Pursue innovative service delivery options. B4 - Provide high quality customer service. L5 - Actively promote opportunities for partnerships and volunteer involvement (individual and group). Citizen Input[ Board Review: None Legal Review: Review completed by TOASE the City's Attorney. Alternatives: Approve or deny the resolution. Supporting Documents: Interlocal and cooperative purchasing agreements. Staff Recommendation: City Council approval of all interlocal and cooperative purchasing agreements. This will allow additional options for City staff to receive the best value for the dollars they are required to spend on goods and services. Cedar Hill & City of Southlake Cooperative Purchasing Interlocal Agreement COOPERATIVE PURCHASING 1NTERLOCAL AGREEMENT This Cooperative Purchasing Interlocal Agreement ("Agreement") is made and entered into as of the data written below between the City of Southlake, Texas ("Southlake") and the City of Cedar Hill, Texas ("Cedar Hill"). WHEREAS, both City of SouthIake and City of Cedar Hill have each determined a need for a ..cooperative agreement to purchase goods and services to avoid a duplicate procurement efforts and. obtain the benefits of volume purchasing; and WHEREAS, City of Southlake and the City of Cedar Hill are authorized by Section 271.102 of the Local Government Code to pursue mutually beneficial and cooperative purchasing programs; NOW, THEREFORE, for and in consideration of the mutual obligations and benefits contained herein, City of Southlake and City of Cedar Hill agree as follows: SECTION 1. The purpose of this Agreement is to provide City of Southlake and City of Cedar Hill with additional purchasing options by satisfying the provisions of Section 271.102 of the Local Government Code. SECTION 2. The parties agree that each of the parties shall respectively designate a person to act under the direction of, and on behalf of, the designating party (the "Designated Representative"). SECTION 3. At the request of the other party, a party that enters into a contract with a vendor for goods or services (the "First Purchasing Party") shall attempt to obtain the vendor's agreement to offer those goods and services to the other party (the "Second Purchasing Party") for the same price and on the same terms and conditions as have been offered to the First Purchasing Party. If the vendor so agrees, and if the Second Purchasing Party is agreeable to such terms and conditions, the Second Purchasing Party may enter into its own separate contract with the vendor for the purchase of such goods or services. SECTION 4. Unless otherwise agreed between the Designated Representatives, payments for a purchase made by the Second Purchasing Party shall be paid directly to the vendor and not to the First Purchasing Party. The Second Purchasing Party shall have the responsibility of determining whether the vendor has complied with any provisions in its contract with the vendor, including but not limited to those relating to the quality of items and terms of delivery, and shall be responsible for enforcement of its contract against the vendor, including all cost of enforcement. SECTION 5. This agreement will be subject to all applicable federal, state and local laws, ordinances, rules and regulations. SECTION 6. This agreement may be terminated by either party, without cause or penalty, upon not less than thirty days written notice to the other party. Cedar Hill & City of Southlake Cooperative Purchasing Interlocal Agreement SECTION The parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that and ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. SECTION S. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas - Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. SECTION 9. If any term or provision of this Agreement is held to be illegal, invalid or unenforceable, the legality, validity or enforceability of the remaining terms or provisions of this Agreement shall not be affected thereby, and in lieu of each such illegal, invalid or unenforceable term or provision, the parties shall endeavor to agree to a legal, valid or enforceable term or provision as similar as possible to the term or provision declared illegal, invalid or unenforceable. SECTION 10. Execution of this agreement does not obligate City of Southlake or City of Cedar Hill to make any purchase, to pay any membership fee or to otherwise or in any manner incur any.cost or obligation. SECTION 11. This agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument. SECTION 12. The undersigned officers and/or agents are properly authorized to execute this agreement on behalf of the parties hereto and each hereby certifies to the other that any necessary actions extending such authority have been duly passed and are now in full force and effect. SECTION 13. All notices, requests, demands and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, to the respective city representative set out below, or his/her designee. Cedar Hill & City of Southlake Cooperative Purchasing Interlocal Agreement EXECUTED this day of , 2009. CITY OF CEDAR HILL CITY OF SOUTHLAKE 285 Uptown Blvd 1400 Main Street Building 100 Suite 440 Cedar Hill, Texas, 75104 Southlake, Texas 76092 City Managers Office: City Managers Office: Alan Sims Jim Blagg City Manager Assistant City Manager DATE DATE City Secretary's Office: City Secretary's Office: Lyn Hill Lori Payne City Secretary City Secretary DATE DATE Approved as to Form and Legality City Attorney's Office: Ron MacFarlane City Attorney's Office: Wade Adkins COOPERATIVE INTERLOCAL AGREEMENT This agreement made and entered into this day of , 2009, by and between City of Southlake (hereinafter called "THIS GOVERNING BODY") and other governmental entities as defined under § 791.003. of Texas Governmental Code, Interlocal Cooperation Contracts, (hereinafter called "COOP ENTITY") each acting by and through its - - duly authorized officials: WHEREAS, THIS GOVERNING BODY and COOP ENTITY are both governmental entities engaged in the purchase of goods and services, which is a recognized governmental function; WHEREAS, THIS GOVERNING BODY and COOP ENTITY wish to enter .into an Interlocal Agreement pursuant to Chapter 791 of the Texas Government Code (hereinafter "Interlocal Cooperation Act") to set forth the terms and conditions upon which THIS GOVERNING BODY and COOP ENTITY may purchase various goods and services commonly utilized by each entity; WHEREAS, participation in an interlocal agreement will be highly beneficial to the taxpayers of THIS GOVERNING BODY and COOP ENTITY through the anticipated savings to ,be realized and is of mutual concern to the contracting parties; WHEREAS, THIS GOVERNING BODY and COOP ENTITY have current funds available to satisfy any fees owed pursuant to this Agreem ent. NOW, THEREFORE, in consideration of the foregoing and the mutual promises, covenants and obligations as set forth herein; THIS GOVERNING BODY and COOP ENTITY agree as follows: 1. THIS GOVERNING BODY and COOP ENTITY may cooperate in :the . purchase of various goods and services commonly utilized by the participants, where available and applicable, and may purchase goods and services from vendors under present and future contracts; 2. THIS GOVERNING BODY and COOP ENTITY shall each be individually responsible for payments directly to the vendor and for the vendor's compliance with all conditions of delivery and quality of purchased items under such contracts. THIS GOVERNING BODY and COOP ENTITY shall each make their respective payments from current revenues available to the paying party; The Agreement shall be in full force and effect until terminated by either party; 4. Notwithstanding anything herein to the contrary, participation in this Agreement may be terminated by either party upon thirty (30) days written notice to another participating entity; 5. The undersigned officer and/or agents of the party(ies) hereto are duly authorized officials and possess the requisite authority to execute this Agreement on behalf of the parties hereto; 6. This Agreement may be executed separately by the participating entities, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. GOVERNMENTAL ENTITY INTERLOCAL AGREEMENT EXECUTED hereto on the day and year first above written, CITY OF SOUTHLAKE, TEXAS BY: TITLE: CITY OF SOUTHLAKE, TX 76092 NATIQNALI PA NATIONAL ]EPA MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT WHEREAS, after a competitive bidding 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 contaiued in this agreement, and of the mutual benefits to result, the parties agree as follows. 1. 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. 2. That the cooperative use of bids obtained by a party to this agreement shall be in accordance with the terms and conditions of the bid, except as modification of those terms and conditions is otherwise allowed or required by applicable law. . 3. 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. 4. 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. 5. The procuring party shall not use this agreement as a method for obtaining additional concessions or reduced prices for similar products or services. b. The procuring party shall be responsible for the ordering of Products under this agreement. A non-procuring party shall-not...beliable-in .any.fashion.for..any...violation-by-a- procuring-party, .and. the--procuring..p arty_shall.hold_non------------------------ proeuring party harmless from any liability that may arise from action or inaction of the procuring party, This agreement shall remain in effect until termination by a party giving 30 days written notice to the other party. I understand that use of the National CPA Master Agreements are at the complete discretion of the Participating Public Agency This agreement shall take effect after execution of this document and the registration of the Participating Public Agency. Signature Participating Public Agency Title Date: National IPA SUCCESSSTORY: M City of Tncson is excited aborel the strategic partnejohip we have depeloped with NadonalIPA. It allows us the ability to increase our cooperative success on a national scale, while remaining focused on local and regional efforts. NationlrlIPA h as proven to be rm outrtantGng partner! MARCHETAGILLESPIE, CPPS, CPM DEPUTY DIRECTOR of PRO❑UREMENT, TUCSON 0J HOME Page 1 of 1 ABOUT US AGREEMENTS CONTACT US National Intergovernmental Purchasing Alliance Company (National IPA) was established through a collaborative effort of public agencies across the United States with the specific purpose of reducing procurement costs by leveraging group vnlurne. National IPA aggregates purchasing volume of participating public ngencles across the country in order to receive larger volume discounts from suppliers. This is an optional use program with no minimum volume requirements. To participate in the program, simply submit a Participation Yoini. All toaster agreements are publicly solicited, awarded through an RFP process, and held by a Principal Procurement Agency, while National IPA serves as a nationwide channel to offer the awarded agreements to public and non-profit agencies. Eligible public agencies include: • Cityl =al Government • County Government • State Government • Public School Systems • Education • Other Public Agencies • Agencies for Public Benefit • Nonprofits *W3,M6 *Alautrr4S *r,GRF!Nrw-s *'=N1'Fr°Y'Us * P.=a'klXT, - n v. m n, .e Frxatra„~,r•+ s~onsr~ mar=: ani~.ae•eF http://www.nationalipa,orglindex.htnl 2/20/2009 About Us SUCCESSSTORY: buPage County is proud to be n PPA In partnership with NatiPrralJPA# 97srs cooperativeprocurenautt collahoradon helps reduce redundancy in government across the cation at a time when tnxpayerd evvet as to conserve its any way we can. JOAN M.MORANGE, GPPB PROCUREMENT SERVICES SUPERVISOR, DUPAOECOUNTY jt."LIir".iii:u 4lCroE06et y i HOME Page 1 of 1 ABOUT U5 AGREEMENTS CONTACT US National Intergovernmental Purchasing Aliiance Company (National IPA) works with public and non-profit agencies, who as Principal ProcurententAgencies competitively solicit national master agreements for aggregated use. This cooperative purchasing strategy offers lower costs, plus time and resource savings, to participating agencies. National TPA meets the needs of our participants through: • Establishing relationships with public agencies who competitively solicit and award national master agreements through an RFP process ■ Aggregating national volume resulting in cost savings and value • Offering a growing and diverse portfolio of pre- competed, publicly awarded master agreements for products and services • Bridging the gap between participants and suppliers for unparalleled customer service • Incorporating participant input into contract strategies • Marketing agreements to a nationwide audience Cooperative purchasing taws vary from state to state. If you are unsure of the joint powers language in your jurisdiction, contact us to find oret ifyour agency can utiliza NationaIIFA agreements. Master agreements available through National IPA are established with the following process: ■ The Principal Procurement Agency prepares a Request for Proposal (iRFP), incorporating the required language making the agreement accessible nationally to agencies in states that allow intergovernmental (i.e.: "piggyback") contract usage. - •..'Thesuppliersrespond.to.the..RliP.and-the --?rincipal.Procurement .Agency .evaluates . and awards. the master agreement. • National IPA launches a marketing plan, including posting of all applicable documents to its website. All participating agencies are eligible to utilize the master agreements through National IPA. Click Here to mew the current list of available agreements through Hatlanai .._...._.M._._ tit°.h1g *Mt-OV-r tit; *AtiPE,I 6 VHTA,.rUS 611AIITIK~ AP! tal7Qi_MD ~1't~k aril trl' ~'~?3f~~RFt~t.~~~rfYb~3~4~H~1t.~URt~1+~53tliyP~LI~RN#St~A~ll~ ' twit ~,~flrp~talg ~stA-~"~ ~ Ian infenritl~nah ~rtt bik8n77- ;l&I OF: _ p lr~ Z http:llwwwnationalipa.org/about.html 2120/2009 National IPA Agreements HOME y ABOUTUS AGAEEMC-NTS CONTACT us click the supplier loons wim for more information on docnmmmtation and pricing. itoEf Turf and Multii'Nncuon Dlpltei Copiers, Carpeting, Flgordnq, and , , itality Cars Hos supplies and Related Suppott Ralatad Produtt9 and p Servlces Services 1011 MA,NNINGTON CANON IME33 ShILnONg G Q M M B R C, I A L, Groundskeeping Materials- Fertilizer, Herbicide! Paaticide, Information Tndinolcov Solutions Emergency Medical Nopplles and seed ast" Por" and Gulf Grounds Panasonic Tougbhooks, RcPUSC Cantainet9 Malntenance Equipment Tablets, and Snrvlce iNCORPOR"1_i] Covntonit. MIL '~q~$, Furniture and Related rurniture "Ind Related uilicn Products Equipmant EqulpmA:nt a s's°in NATIONAL CCB1J1:-XZ= A1-1- 1 Furniture and Related Equipment Klmbal3'Offlce RFPS In EVahuation ]anltorial to ranitaiy hraducts Supplies and Related sarvicai arLxlpsl Fiat Hrec M Aj-w.. must dSa OSoyCA AFPs in Process m ACFUE +0.~irr' 4SY Wage 1 of 2 http:I/www.nationalipaxrg/agreements.html 2/20/2009 Page 1 of 2 Timothy Slifka From: National Intergovernmental Purchasing Alliance (National IPA) [info@nationalipa,org] Sent. Friday, April 17, 2009 10,38 AM To: Timothy Slifka Subject: Sent on behalf of the City of Fort Worth, TX Motor Fuels and Aviation Fuels RFP Follow Up Flag: Follow up Flag Status: Red TIONALIPA FA..W-RH. MOTOR FUELS AND AVIATION FUELS RFP RELEASED! As you are aware, the City of Fort Worth. and National IPA have partnered to release a national RFP for motor fuels and aviation fuels. Many of you have agreed to have your agency included in the RFP as a named participant, The RFP (No. 09-0012) has been released and is available for your review at www.nationalipa,orgLiuelrfp. Please review the RFP document and provide any comments, feedback or questions-you-may-have-t0-Ward -Brownj 000;-National IPA orJack Dale, Purchasing Manager for City of Forth Worth by Friday, May 1. Also, we would like to request that you forward a link to the RFP to your current fuel supplier(s) in order for them to have the opportunity to participate in the RFP. We were able to accumulate over 100 million gallons in aggregated annual volume for the RFP, which should provide a high degree of value to all participating agencies and suppliers. If you have any questions please feel free to contact Ward Brown at waLd.brQyvn~@nationii-lipa.org or Jack Dale at jack.dale@foftworthgov,org. Respectfully, 4/28/2009 If you're having trouble viewing this email, you may see. it online. send this to a friend Page 2 of 2 The Team from the City of Fort Worth and National IPA I6UU Westgate Circle 5ulte 275 ' Brentwood, TN 37Q27 National Intergnvamrnental Purchasing Alliance Company (National IPA) works with public and non profit agencies, who as Principal Procurement Agencies competitively solicit national contracts for aggregated use. This cooperative strategy offers lower costs, plus time and resource savings, to participating agencies. . For additional information, visit the National IPA website at www.nationalipa.orq. National IPA Customer Service Email: Info@ ationali a Phone: (866) 408-3077 This email was sent to tslifka@ri.southlake.Mus. To ensure that you continue receiving our entails, please add us to yocir address book or safe list. manage your preferences I opt out using True kern oveQ. Got this as a forward? Sign up to receive our future emails. powered by At, 4/28/2009 TCPN - The Cooperative Purchasing Network Page 1 of 1 ,;.:p ex:k u: 4 ~ !L ^ 61:1: i. ..._r.:....:»IEei,r.».. ~>:y ! 'JfS w--i!'.Fi!!If I!~~ - - "flr{£. ..._ii LF.... f. E3i~17~ILTlS'I~I. iI~~E ~ la .laEil ` df ICI ~I,~IL•:: ! •I : iF l~t:l 9 _ a !ea EMIR I' N 3 iG I y rl ~mifElii!!o ..tl.{NL. _.IE._ISl I _ Off, .>3 . :N !~i - pp - _ ~I nmc ul 'n9 ?I, !a"_rx. n? 'p P h{. u: i n..an:r.. :l!~:::~ .N-05: v ' it I _ z . ::i''1=1r'R, ' 'a # ledl: I C PN M - i u..E...,~ : lll " i ius a r~t•::':Iz 1Lrvi:y.. ~I r. :a : -E _~1 @ , a ! a - 7Hc rai~r PLC l9[n ~CN.k X~1 ::Is:: d iE'i Er !sill I`illl I:i aim•:n 6 mm~~lu~l lt~ti a wl~- - . - p::~_!,ti!!uEl.;4~. THE COOPERATIVE PURCHASING NETWORK MOUTON I Find a Vendor IICPN is a national governmental purchasing cooperative able to leverage one of the largest Search by Commodity pools of purchasing potential. We competitively bid and award contracts to national vendors, Become a Membar In accordance with purchasing procedures mandated by state procurement laws and Bidder Information regulations This means equal pricing for the smallest entity and the largest buyer. TCPN contartUs contracts are available for use by public and private schools, colleges and universities, cities, I counties, non-profits and other governmental entities. OiA Finks Participation in TCPN by governmental entities will provide the legally required competition for t contracts on commonly purchased products and services, We award best-value contracts s commen Comments based on quality, proven performance, customer satisfaction and pricing. Our mission Is to help other governmental entities operate efficiently and economically. Utilizing a TCPN contract means you deal directly with the vendor, as you would normally, using the TCPN contract as your own, We've already done the hard part, and well be with you every step of the way to help increase your efficiency, shorten your delivery time, and stretch your tax dollars. You save the soft costs associated with the competitive bid process, reap the benefits of nationally leveraged pricing, and it's totally free to jo€n_that's working smart! I OUR PROCESS Es TCPN Issues an RFP (or bid) for a commodity or service 1* RFP Is advertised for four (4) weeks nationally All RFP responses are recorded and tabulated Contract is awarded to Vendor Awarded contract is ratified by Board of Directors Our procedures have been ISO 9001:2000 certified for S years, and are Independently audited - - - twice yearly to-ensure-we adhere to state procurement law::because we know you might be - audited tool ?'O Aer use do-r red f6j,n jS1 contact 4& pcmrcid by netStartEn" ise TM http://www.tcpn.org/defaalt.aspx?name=About TCPN 2/20/2009 TCPN - The Cooperative Purchasing Network am I X-.APN fiaaCrocpmawrtP~,adhnsir~#Vaswnrk _ page i of 1 Current Membership List AboutTCPN ! @~ir ,Find a Vendor How to Become a Member of TGPN search by Commodity State laws encourages partidpa bon in Cooperatives to eliminate duplication of efforts, thereby saving taxpayers' E dollars. TCPN is available for use by any state or local government agency mandated to follow various state Become a Member procurement laws and regulations or federal agendes that do not have potides or regulations barring participation. 0 Bfdder Information 1 Q Contact Us What is the statutory authorization of TCPN? TCPN is a department of the Region 9 Education Service Center ❑f Texas. Region 4 ESC Is authorized by Title 2, Chapter 6 of the Texas Education Code. As a government agency, TCPN can offer the use of our contracts to other ; uickliftiiks government and non-prailt agendes. Powerpoint Who can become a member? Comments in Texas, Luca] Government Code, Tlbe 8, Chapter 271, Subchapter F, Section 271.101 and section 271,102 provide the legal authority. In other states, various "joint powers" statutes apply. See the link below for va19ou5 state statutes. • Counties s Municipalities s Speclai districts a School districts Junior college dlstrir is • Reglonat planning commission • Political subdivisions within the state or in otiler states. How can my entity become a member? In Texas, Government Code, Title Chapter 791 Interlocal Cooperation Contracts, Subchapter b and Subchapter C provide the legal authority far the goveming body of an agency, subdivision, or taxing entlty to approve a resolutian and execute an Interlocal Agreement. Other states become members based on their various joint powers statutes, The Agreement Is then forwarded to TCPNJRegion 4 FsC's Chief Financial Officer for signature and a return ropy sent to you for your records, samples of Resolution documents an, available for downloading below: + Natmnal Membership-Agreement (00 L!~oqppratve Purchasing Agreement Mew Mp&p for use in states other than Texas, I i n ocgLAgmcm.mt - Texas (dae~ - i .411esalution Farm -School -Texa~dac~ - N Resolution ~_arro]-Mun~rlPallb/ Texas (ddcl E u Resolution Form ° CQUrAy.-T xas oc I What is the cost to become a member? There are no fees to partIclpate. An entity must simply execute a resolution and submit an Interioral Agreement be Region 4 ESC, STATUTES AUTHOR7Z JG CQt )?ERA1IYE PtlftCHASING ACROSS STATE JNFS I c soft, Us powered by nstStartEnterprise ma http://www.tcpn.org/default-aspx?name=member-info 2/20/2009 INTERLOCAL AGREEMENT Region 4 Education Service Center Contracting Parties CITY OF SOUTHLAKE School District or Public Entity County-District Number Region 4 Education Service Center 101 950 County-District Number This agreement is effective and shall be automatically renewed unless either party gives sixty (60) days prior written notice of non-renewal. This agreement may be terminated with or without cause by either party upon (60) days prior written notice, or may also be terminated for cause at anytime upon written notice stating the reason for and effective date of such terminations and after giving the affected patty a thirty (30) day period to cure any breach. Statement of Services to be Performed; Authority for such services is granted under Government Code, Title Chapter 791 lnterlocal Cooperation Contracts, Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter F, Section 271.101 and Section 271.102. The purpose of this cooperative is to obtain substantial savings for member school districts and public entities through volume purchasing. Role of the Purchasing Cooperative 1. Provide for the organizational and administrative structure of the program. 2. Provide staff time necessary for efficient operation of the program. 3. Receive quantity requests from entities and prepare appropriate tally of quantities. 4. Initiate and implement activities related to the bidding and vendors selection process. 5. Provide members with procedures for ordering, delivery, and billing. Role of the Member School District or Public Entity: 1. Commitment to participate in the program as indicated by an authorized signature in the appropriate space below. 2. Designate a contact person for the cooperative. 3. Commit to purchase products and services that become part of the official products and services list when it is in the best interest of the member entity. 4. Prepare purchase orders issued to the appropriate vendor from the official award list provided by the Purchasing Cooperative. 5. Accept shipments of products ordered from vendors in accordance with standard purchasing procedures. 6. Pay vendors in a timely manner for all goods and services received. Revised 03/09 (QP134-MEM1 Rev. 1) Authorization: Region 4 Education Service Center and The Cooperative Purchasing Network (TCPN) executed a contract to provide cooperative purchasing opportunities to school districts and public entities. Please send a signed Interlocal Agreement to Region 4 ESC, Attn: TCPN, 7145 W. Tidwell, Houston, TX 77492-2496. School District or Public Entity By Authorized Signature Title Date TIM SLIFKA Contact Person PURCHASING MANAGER Title of Contact 1400 MAIN STREET SUITE 440 Region 4 Education Service Center By Authorized Signature Deputy Director. Financial Services/CFO - Title Date Jason Wickel - Director-TCPN Contact Person (713)-744-6356 Telephone Number iwickel 0 1epn.org Street Address E-mail Addres s SOUTHLAKE, TEXAS 76092 City, State zip 517-748-5312 Contact's Telephone Number tshfka@i.southlake.tx.us E-mail Address Revised 03109 (QP134-MEMI Rev. 1) JP~1 Participating Membership Agreement This Agreement, made and entered into this day of 200, by and between National Joint Powers Alliance® hereafter referred to as NJPA and CITY OF SOUTHLAKE , hereafter referred to as the "Applicant," Witnesseth; That for a good and valuable consideration of the premises, mutual terms, covenants, provisions, and conditions hereafter set forth, it is agreed by and between the parties as follows: Whereas, the NJPA is created by Minnesota Statute 123A.21 (with membership further defined in M.S.471.59) to serve cities, counties, towns, public or private schools, political subdivisions of Minnesota or another state, another state, any agency of the State of Minnesota or the United States including instrumentalities of a governmental unit and all non-profits; and. Whereas, NJPA's purpose as defined in M.S. 123A.21 is to assist in meeting specific needs of clients which could be better provided by NJ PA than by the members themselves; and Whereas, the NJPA Board of Directors has established the ability for an "Applicant" desiring to participate in NJPA contracts and procurement programs to become a Participating Member; and Whereas, the NJPA Board of Directors has determined that Participating Members will have no financial or organizational liability to NJPA or to it's organizational activities; Now Therefore, it is hereby stipulated and agreed that "Applicant" Agency desires to be a Participating Member of NJPA with contract purchasing benefits, and that NJPA hereby grants said Membership to said "Applicant". Term: Thisconfnuing agreement shall remain in force or until either party elects to dissolve the-Agreement by written notice. THEREFORE, IN WITNESS THEREOF, The parties hereto have executed this Agreement the day and year above written. Member Name National Joint Powers Alliance® CITY OF SOUTHLAKE 200 1st Street NE, Suite 1 Staples, MN 56479 By: By: Authorized signature Authorized Signature Title Rev 2-22-08 Title Participating Member Information Applicant Name *CITY OF SOUTHLAKE Applicant Address * 1400 MAIN STREET SUITE 440 SOUTHLAKE, TEXAS 76092 Applicant Federal ID Number _ 5-1251142 Contact Person Name * TIM SLIFKA Applicant Organization Type (Please Check One) ❑ K-12 Government or Municipality ❑ Higher Education ❑ Non-Profit Title x PURCHASING MANAGER ]Email* tSIifka@ci.southlake.tx.us Phone * 817-748-8312 Fax 817-748-8048 Web-Site Www.ei.SOuthlake.tx.uS . . I was referred by: ❑ AASA or AASA Sate Affiliate ❑ Advertisement ❑ Another Member ❑ Vendor Representative ❑ Trade Show ONJPA Website Rev 2-22-08 NJPA Legal Overview J T-% A. 17 A Ne ional idut-Power Alliance' ABOUTUS FAQ CATALOG BOARD 1t1:WSLMER WNW U5 RQ STAFF FINANCE & BYLAWS page 1 of 4 L-SAL LEGAL veiview M PA F.nnbLmg cgiRklixi, Letter Re: MN Contract i.aw 7 otter Re: Cooperative Purchasing l,a n in' our 5tgte'~ I'urchasi og StatrSte OVERVIEW state Joint Powers Statutes generally allow for one government agency to purchase from contracts competitively solicited by another government agency-. This, of eeursc, would require the consent of all patties, including the supplier. NJPA contracts are established to meet both the competitive solicitation and consent requirements. This allows our members to increase eificienay, reduce administrative expeltses as well as purchase of supplies, materials, equipment or services without duplicating the competitive bidding requirements necessary for a governmental agency puurchasing.. The term "Governmental Unit" us used hom usually includes every city, county, town, school district, or other political subdivision of this or unother state, the state university, any agency of the state or ofthe United States, and any inslt'umentelity of u governmental unit. In son're stutcs, this power is not passed on to specific municipal agencies, Joint Powers Agnerrrents are also known an Membership Agreements, Participation Agreements and sometimes intergovernmental nr Interlocnl Agreements. All NJPA bid contracts have been competitively solicited, reviewed and awarded by the NJPA Board of Directors in acenrdanee with Minnesota public purchasing rQlts and regulutions underthe Mulvclpal Contracting I.aws M,S. 471. Each solicitation and Invitation for Aid (IFB) contains language which includes all qualified customers Irk all 50 states, The lFB advises all IF13 responders thatthe re:spansc must apply to al'i qualified custntners in all 50 states and in some oases the provinces and territories afC Euiada All IFB respondents understtznd that these contracts shall he used by niember gpverninehtttl; educational and non-profit agencies throughout the United States. This consideration is based on the Minnewto "Joint `.xcreise of Powers Authority" Te'I.S. 47L5 e which is similar to Joint Powers Stotules inmost states, This mint Powers Authority allows for participation underNJPA!s qualifying criteria and guidelines. Although each governmental agency may have different policies and purchasing procedures to follow, applying our competitive solicitntion meets the requirements of most states. NJPA ENABLING LEGISLATION Minnesota Statute 471.346, Municipal Contracting Law Make special nnte of Suhd. 1 which defines "Municipality" to include school districts and all governmental agencies. M.S. 471.343 Subd.1: Municipality Defined For purposes of this accUon, "Inunieipulity" means a county, town, city, school district or other municipal corporation or political subdivision of the state authorized by law to enter into contracts. http://www.njpacoop.org/LEARN/About/Legal.html 2/20009 NJ-PA Legal Overview Page 2 of 4 • M.S. 479.345 Subd. 15; Cooperative Purchasing. Our national association, the "National Joint Powers A.llianeekV (NJP.A), takes its name from this statute. A municipality may contract for the purchase of supplies, materials, or equipment without regard to the competitive bidding requirements of this section if the purchase is through a national municipal association's purchasing alliance or cooperative created by a joint powers agreement that purchases items from more than one source on the basis of competitive bids or competitive quotations. Minnesota Statute 471.59; Joint Exercise of Powers Make note of Subd. 1 which defines the ability of two governmemtal agencies to enter into an agreement to contract in comntatt through the action of cinch of the governing bodies. 5nbd.10 expands on the ability to enter into couperative agreements. % M.S. 471.59 Subd. 1: Agreement Two or more governnienlaJ units, by agreement entered into through action of their governing bodies, may jointly or cooperatively exercise any power common to the Contracting partiev or any SWtar powers, including those which are the some except for the territorial limits within which they may be exercised. The agreement may provide for the exercise of such powers by one or more of the participating governmental units on behalf of the other participating units. The teen "governmental unit" as uscxl in this section includes every city, county, town, scbeol district, other pDlitieal Suhdivisiun of this nr another state, another state, the University of Minnesota, and any agency of-the state of Minnesota. or the United States, and includes any instrumentality of a gov et'nnlental unit. For the purpose of this sectim-4 an instrumentality of a governmental unit means an instntmBntality having independent policy maldng and appropriating authority. M.S. 471,59 Subd. 10: Services Performed by Governmental Units; Commonality of Powers. Notwithstanding the provisions of Subd. 1 rLquiring commonality ofpowers between parties to any agreement, the governing body of any governmental unit as defined in Subdivision lmay enter into agreements with any other govermental unit to perform on behalf of that >,unt any service or {irnu-[ion which the governmental unit providing the service or funetiou is authorized to provide :fur itself. The "JointExerelse of Powers" Agreement. This is the agreement that NJPA offers other cooperating agencies to enter into. The Joint Ea:eruise of Yowcm Agre;cmcnt with N3PA provides access to NJPA and its contracts. This allows NJPA to access the member participating agencies' contracts as rvell. The Joint Powers Agreement may not he accessary if the participathtg agencies' state law allows for state. to state "Piggy Bacldng': on legal state contracts. All ....NdPA Contracts lire legal. state. wntracts ns NJl'A opemtcs Linder Minnesota legislative authority to piuvide: cooperative purchasing services to participating m embers. The Joint Exercise of Powers offary a legal link bctrvccn NJPA and its member agencies its contracts are accessed. NJPA bids and awards contracts in ful l cumpliancc with Minnesota Municipal Contracting Law, M.S. 471.345. Minnesota Statute i23A.21: Service Cooperatives Tbis is the statute under which our cooperative tuns minted. Oar previous non;e was the North Central Service Cooperative (NCSC) and we are now doing business as the National Joint Powers AllianceaD (NJPA). M.S. i23A.21 Subd. 2: Purpose According to this statute, the purpose of e. service cooperative is to "assist in meeting specific needs of clients." The powers cyC the hoard of directors of a service cooperative are written very broadly to grant extensive authority. • M.S.123A.21 SUM. 5: Authority This statute states "'The board of directors shall have authority to maintain and operate a service cooperative." http://www.njpacoop.org/LFARN/About/Lv,gal.html 2/20/2009 NJPA Legal Overview Page 3 of 4 W& 123A.21 Subd, 5(g) states "The service c❑operative beard of directors may enter into contracts with other public and private agencies and institutions to provide administrative staff stnd other personnel as necessary to famish and support the agreed upon programs and services." M,SA23A,21 Subd• 7 (23), specifically calls for the board to support programs and services that support cooperative purchasing. M.S.123A.21 Subd. 3: Membership and Participation Pull membership in a SC shall be limited to public school districts, cities, counties, and other govertunwital units its defined in section V1.59 and NJPA's Bylaws and Policies. Participating Membership Agreement Governmental units need not join NAPA as trill Iviembers, but they nrust sign on as NJPA Participating Members to access our contracts and to validate their purchases. Many Iowl policies require: membership to legally acccss contracts held by other agencies. NJPA provides a llurticipating Membership and Joint Powers Apse mnent at no cost. When a board signs a Joint Powers Agreement that yualifics that board to serve on the NJPA Joint Powers Advisory Board. The Participating Membership and Joint Powers Agreements both establish u legal paper trall betwec_n NJPA and the member as contracts are aceessed, YOUR STATE'S PURCHASING STATUTE Click nn your state to find the applicable statute. 1p http.llwww.njpacoop.arg/LEARN/AboutfLegal.htrnl 2/20/2009 NJPA Frequently Asked Questions ?-~wPA MfipiW Joint Powers (fiance Page 1 of 4 rATALOG HMIEMR 0€ W91(B TAQ ABOUT US FAA BOARD STAFF FINANCE & BYLAWS LEGAL FREQUENTLY ASKED QUESTIONS Ilow is NTJPA .-overned? Due,, NJl?A have a professional public purchasvtg botird of advisors? N.ow is NJPA funded? f=low much does it cost to participate in NJPA? flow can we join and participate in NJPA and it programs and swvice%? licw does a juetnber porehase using the NJPA contract? 'What about customer satisfaction and assurance? Can my public agency use the program and contracts w itbout going out .fix solicitation? C:aa agencies other than govenmental and educational agencies use the program? If oav agency uses iyJPA eonti acts; can we still. buy from other contracts? What is the specific slotute language that will give my agency the aathnrityto participate? What competitively solle tedp-roducts are currently offered? flow can I obtain copies afthc legal documerlixion.assa atad with each contract? What is the solicitation and Invitation for'Bid (ff-B) process? 'Flow do I become an authorized supplier of NJPA? HOW IS NJPA GOVERNED? NJPA is governed by the NJ PA Board of Directors. The eight-tnernbet board is comprised of governing officials; including school board, city council or county seats. back to tou DOES NJPA HAVE A PROFESSIONAL PUBLIC PURCHASING BOARD OF ADVISORS? Yes. At this polrat all current Participating Members are a part of our Board of Advisors. We are currently in the process of electing as "Executive Advisory 'lloard" which will be nominated by and then elected by the membership, back to ion HOW IS NJPA FUND0? NJPA is funded by vendor administrative fees. The awarded vendor bays NJPA a m inimal administrative fee to participate in ihis program.11iis fee covers the costs for contractmuketing and facilitation and it offsets operating expenses irtcurrod by NJPA. NJPA does not receive; state or faderal aid oor do we have taxing or levying authority. Therefore, we are entirely entrepreneurial. We are a governmental agency acting as a self supporting business. NJPA also shares these fees with other paduering cooperatives as they elect to help facilitate and inarket the contracts in their specific regions. Any excess funds will be returned to participating ager.icics throug a declared dividend program. ac tc top, http:/1www.njpacoDp.org/LEARN/About/FAQ.htm] 2/20/2009 NTPA Frequently Asked Questions HOW MUCH DOES IT COST TO PARTICIPATE IN NJPA? There is no cost tojoIn or participate. lack to tog HOW CAN WE JOIN AND PARTICIPATE IN NJPA AND ITS PROGRAMS AND SERVICES? Page 2 of 4 Qualifying agencies must register to participate and may join in a matter of minutes online. There are several ways to join: . Visit the JOIN section of this website to review member benefits and complete an online application, download our riz~ stable application or • Simply participate in our programs and services. Your membership is automatically activated when a purchase • Order is executed through our contracts. When this happens, NJPA will get in touch with your agency, so you can supply us with the necessary organizational and contact information. The NJPA Bylaws, Arfels 11, Subd. C doscribm our membership and participation. There are Iwo types of membership; . Participathg Membership (lion-Voting) Participating Meinherships are free and carry no liability. a Full Voting Membership Full vothig membersbips are limited to the school districts, cities, counties and other governmental units defined is M.S. 471,54 and as established arutually by the MA Board of Directors. Pull-voting Members are required to sign a membership agreement and pay a one time $10.00 membership fee. These organizations a -a eligible to nominate their governing board members to serve on the NJPA Board. They also beconie responsible for . any liahilities NJPA may incur. Participating Metnherrships are free and can no arganizalio gal liability. hack to top HOW DOES A MEMBER PURCHASE USING THE NJPA CONTRACT? After stem bemhip bas been established, the member contacts the vendor directly for specific product, service, ordering, delivery and billing information. NJPA monitors contract compliance by the vendor to ensure a high level of service, quality of goods and customer service are being delivered to the membor. Prior to executing the purchase order, it is the member's responsibility to review and aeceUt the general terns and conditions of the specific IrB of interest and to execute the Uurcbase order directly with the awarded vendor. Your membership allows the NJPA Board of. Directors and NJPA staff to facilitate the hid and procurers ent responsibilities on your behalf. back to ton WHAT ABOUT CUSTOMER SATISFACTION AND ASSURANCE? 'NJ PA requires "manufacturer product and service responsibility". 'this etbninaws the finger pointing and transferring of blame in the event the customer is not satisfied. Responding manufactures accept this responsibility. In extreme cases NJPA would be involved in specific communications to ensure the customer is satisfied with the cornplotc process of procurement and contract compliance. bank Io I-Op CAN MY PUBLIC AGENCY USE THE PROGRAM AND CONTRACTS WITHOUT GOING OUT FOR SOLICiIATION7 httpa/www.njpacoop.orgtLEARN/AbDuYFAQ.htm] 2/20/2009 N.1PA Frequently Asked Questions Page 3 of 4 Yes, in most states. All NJPA bide antrocts have been competitively solicited nationally, reviewed and awarded by the NJPA Board of Tirectors in accordance with Minnesota public purchasing rules and regulations under the Municipal Contracting Laws, M.S. 471.34.5. Each solicitation and Invitation for Bid (1F13) contains language which includes all qualified customers in all -Fifty states. The IF13 advises all responders that they must apply to all qualified custatners in all 50 states and in some cases the provinces andtwitorias of Canada. All IF'B respondents understand that these contracts shall be used by member governmental, educational and non profit agencies throughout the Thilted States. Lk LU CAN AGENCIES OTHER THAN GOVERNMENTAL AND EDUCATIONAL AGENCIES USE THE PROGRAM? Yes, under .SV~1 123A_21, all nun-proft agencies Illay participate. back to op IF OURAGENCY USE NJPA CONTRACTS, CAN WE STILL BUY FROM OTHER CONTRACTS? Yes, a1J'NJPA contracts are non-exclusive and are contracts of choice by our nrembe-rs. :back to toQ WHAT IS THE SPECIFIC STATUTE LANGUAGE THAT WILL GIVE MY AGENCY THE AUTHORITY TO PARTICIPATE? Visit the LBGAl1 section of our website to review our legal authority, contract law Lad your state's legislation. back to LW WHAT COMPETITIVELY SOLICITED PRODUCTS ARE CURRENTLY OFFERED? We have many competitively solicited contracts in place. Listed below are a few of oi€r €najor contracts: . Technology Products -CDW,G Otftce and Classroom Supplies and Equipment--Sts leP s Business Aciv__antge r High-Volume Copier Machines - Canon U,S.A, e Copier and Fax Machines - Sharp~l -ftoiics . Roofing and Facility Weatherproofing- - I'reQica/ We thar raofmg Technologies Janitorial Supplies and Related Equipment Ail and . hrdustrial sttpplies and equipment- in e . Premium Office Nwvittire - SSeldr=e View onr to duo catalog for a complete list tnt tlbg HOW CAN I OBTAIN COPIES OF THE LEGAL DOCUMENTATION ASSOCIATED WITH EACH CONTRACT? As a governmental agency, NJPA is required to provide furl disclosure of all procurement documents and files, procurement files are electronically available here or in hard copy at our office during normal NJPA business hours. l? PULW WHAT IS THE SOLICITATION AND INVITATION FOR BID (IFB) PROCESS? The first step .is for NJPA to cortununicatz with.urernbers and gather infonnarion on the needs that are in common. After determining the product or service category the NJPA Board of Directors calls for bids andtho time frame is established for response and award. The IFB is established with. specific terms, conditions and requiremonts,'Ilre solicitation is posted and http,,//Www.njpacoop.org/LEARN/About/FAQ.htnl 2/20/2009 NIPA Frequently Asked Questions Page 4 of 4 advertised in the Minneapolis Star and Tribune for two consecutive weeps and it is posted to tba Star Tribune website and to the NJPA website under the Current Bid Solicitation buttun_ All bids are solicited on behalf of all, current and qualified members in all fifty atntes and potentially Caoada. All bids are posted on the NIPA website under "active bids." Bids are received and opened at a public bid opening and there is a determination of responsiveness before the bid is accepted or rejected Accepted bids are then reviewed, using a value point evaluation process, rated and tabulated by the bid review committee, The shard is established by the committee and .recommended to the N Jl'A Board of. DirectoTS. The award is made by the NJPA Board of Directors at a publicly advertised meeting, AccBptance fames are signed and the operating agreement is established. At this point the marketing begins by both the vendor and NJPA to current and qualified members. For more specific information on this process, visit TFB rocess. hue io to HOW DO I BECOME AN AUTHORIZED SUPPLIER OF NJPA? NJPA encourages alt national vendors to respond to the NJPA IFB solicitations, Dar bills are solicited, advertised a►rd posted on the NJPA web site and in the Star Tribune wbich is accessed daily by most notional vendors, back to jgV _ r s http:l/www.njpac,oup.org/LEARN/About?FAQ.himl 2/20/2009