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19-R-55 Interlocal agreement with Bexar Couty - Cooperative PurchasingRESOLUTION NO. 19 -R -55 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING -THE REVIVAL AND AMENDMENT OF AN INTERLOCAL AGREEMENT WITH BEXAR COUNTY FOR COOPERATIVE PURCHASING SERVICES, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, it is the desire of the aforesaid parties to comply with and further the policies and purposes of the Interlocal Cooperation Act; and WHEREAS, Subchapter C, Chapter 791.025 of the Texas Government Code, provides in relevant parts as follows: (a) A local government, including a council of governments, may agree with another local government or with the state or a state agency, including the comptroller, to purchase goods and services. (b) A local government, including a council of governments, may agree with another local government, including a nonprofit corporation that is created and operated to provide one or more governmental functions and services, or with the state or a state agency, including the comptroller, to purchase goods and any services reasonably required for the installation, operation, or maintenance of the goods. This subsection does not apply to services provided by firefighters, police officers, or emergency medical personnel. (c) A local government that purchases goods and services under this section satisfies the requirement of the local government to seek competitive bids for the purchase of the goods and services. WHEREAS, Subchapter F, Chapter 271.102 of the Texas Local Government Code, "Cooperative Purchasing Program Participation," provides that a local government may participate in a cooperative purchasing program with other local governments or a local cooperative organization established to provide local governments access to contracts with vendors for the purchase of materials, supplies, services or equipment; and WHEREAS, the City of Schertz desires to revive and amend the contract with Bexar County to participate in a purchasing cooperative; and WHEREAS, the City of Schertz has reviewed the benefits of participating in this cooperative and has concluded that the program will provide the best value to the taxpayers through the anticipated savings to be realized. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1. The City Council hereby authorizes execution and delivery of the Amendment to the Interlocal Agreements with Bexar County in substantially the forms set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council. Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section 6. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this 23rd day of April, 2019. CITY OFRTZ, TEXAS Carpenter, Mayor ATTEST: City Secretary, Brenda Dennis Exhibit A Original ILA with Bexar County STATE OF TEXAS * INTERLOCAL AGREEMENT COUNTY OF BEXAR * FOR PURCHASING SERVICES This Interlocal Agreement (the "ILA" or "Agreement") is entered into between Bexar County, a political subdivision of the State of Texas (the "County ") and the City of Schertz, a Home Rule City, (the "City"), collectively, the "Parties", to facilitate the procurement of goods and services needed by the City. This Agreement is made and entered into by the parties pursuant to the authority granted under the Interlocal Cooperation Act, Texas Gov't Code 791 et.seq. ARTICLE I PURPOSE 1.01 The purpose of this ILA is to set forth an agreement between the parties regarding: 1) the provision of purchasing service by the County to the City, and 2) the City's participation, pursuant to Local Government Code Section 271.101, in a cooperative purchasing program with the County wherein City is allowed to ride contracts with participating vendors. ARTICLE II DESIGNATION OF REPRESENTATIVES 2.01 County hereby appoints the County Purchasing Agent or Interim Purchasing Agent as its designated representative with regard to this Agreement. The County Purchasing Agent or Interim Purchasing Agent is the primary point of contact for City. 2.02 City hereby appoints the Purchasing Manager, as its designated representative with regard to this Agreement. The City Purchasing Manager shall be the primary point of contact for County. ARTICLE III TERM 3.01 This ILA shall be effective upon execution by the last signatory and shall terminate on September 30, 2018. This ILA maybe modified in writing by the parties upon mutual agreement of the terms. This ILA may be canceled upon thirty (30) days written notice by either party. ARTICLE IV PURCHASING SERVICES County's Responsibilities 4.01 When requested by the City, and subject to the terms herein, County's Purchasing Department shall provide the following ( "Purchasing Services ") to the City for purchases of goods and services above $5,000.00. (This minimum amount does not apply to Cooperative Purchasing under Article V.) 1 C. Award the contract, if applicable, drafting and executing all necessary documents to complete the purchase. d. Notify the County's designated representative, or designee, within seventy -two (72) hours of the action taken by City Council. e. Take further action to enable the County to cancel or re -issue the applicable procurement. £ Adhere to the County's Purchasing Policies and Procedures and statutory requirements. g. Take delivery, inventory, tag and record all goods procured by the County on the City's behalf. h. Have all vendors invoice the City. City shall pay vendor for all goods and services procured pursuant to this Agreement. 4.09 City is responsible for all Vendor invoices which shall be sent directly to the City. 4.10 City is responsible for any claims that the statutory purchasing requirements were violated. 4.11 City shall pay the County one percent (1 %) of each invoice.. This number is subject to a semi - annual adjustment based on the actual cost that the County incurs. The intent is for the County to recoup the actual-cost of providing the service. If an adjustment is made, the City will be served notice of the adjusted rate thirty (30) days before it is effective. ARTICLE V COOPERATIVE PURCHASING 5.01 Definitions: The following terms used in this section, Cooperative Purchasing, shall, unless stated otherwise, have the meaning set forth below: a. Awarding Party means the party that awarded a contract for goods and/or services to a Vendor after a solicitation process required or permitted by state law and the charter, ordinances, or policies of that party. b. Purchase Contract means a contract for goods and/or services awarded to a Vendor by the Awarding Party. c. Riding Party means the Party wishing to utilize a Purchase Contract procured by the Awarding Party. d. Vendor means the entity providing goods or services under a Purchase Contract. 5.02 Each party routinely procures goods and services using solicitation methods required or permitted by state law, and the charter, ordinances, orders and policies of that party. Each party may, from time to time, as it deems appropriate, include a provision in its solicitations and contracts allowing the other Party to cooperatively purchase from its Purchase Contracts, subject to the consent of the Vendor who is awarded the Purchase 3 ARTICLE VII INDEPENDENT CONTRACTOR STATUS AND SUBCONTRACTORS 7.01 In performing under this Agreement, the parties act as an independent contractor, and no provision of this Agreement will be construed as making one party the agent, servant, or employee of the other. ARTICLE VIII NOTICES AND ADDRESSES 8.01 All notices to be given under this Agreement shall be in writing and shall either be personally served, documented -with written receipt, or given by certified mail or registered mail, return receipt requested, postage prepaid and addressed to the proper party at the address which appears below, or at such other address as the Parties may designate in accordance with this provision. All notices given by mail shall be considered to have been given at the time of deposit in the United States mail and shall be effective from such date. If to County: Bexar County Judge 101 W. Nueva Street Paul Elizondo Tower, Suite 1000 San Antonio, Texas 78205 With copy to: Purchasing Agent 233 N. Pecos, Suite. 320 San Antonio, Texas 78207 If to City: Mayor City of Schertz 1400 Schertz Parkway Schertz, Texas 78154 ARTICLE IX LAW GOVERNING 9.01 This Agreement and all claims, disputes, or other matters in controversy between City and County will be governed by, and construed in accordance with, the substantive and procedural laws of the State of Texas, and exclusive venue for any proceeding shall be in Bexar County, Texas. ARTICLE X SEVERABILITY 10.01 If any provision of this Agreement is held invalid-;. illegal, or ' unenforceable, the remainder of the Agreement shall remain valid and enforceable and shall be construed to conform to the intent of the parties. 5 APPROVED AS TO LEGAL FORM: NICHOLAS "NICO" LAHOOD Bexar County Civil Dissttrictt Attorney By: —4 —4t Ji orbert g ivistant District Attorney l Division APPROVED AS TO FINANCIAL CONTENT: Effiva►IFI 61 INY-111 0e m. Count ox DAV ITH Co Manager RESOLUTION NO. 15 -R -103 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING TWO SEPARATE INTERLOCAL AGREEMENTS, ONE WITH BEXAR COUNTY AND ONE WITH REGION 14 EDUCATION SERVICE CENTER, FOR COOPERATIVE PURCHASING SERVICES, AND OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, it is the desire of the aforesaid parties to comply with and further the policies and purposes of the Interlocal Cooperation Act; and WHEREAS, Subchapter C, Chapter 791.025 of the Texas Government Code, provides in relevant parts as follows:. (a) A local government, including a council of governments, may agree with another local government or with the state or a state agency, including the comptroller, to purchase goods and services. (b) A local government, including a council of governments, may agree with another local government, including a nonprofit corporation that is created and operated to provide one or more governmental functions and services, or with the state or a state agency, including the comptroller, to purchase goods and any services reasonably required for the installation, operation, or maintenance of the goods. This subsection does not apply to services provided by firefighters, police officers, or emergency medical personnel. (c) A local government that purchases goods and services under this section satisfies the requirement of the local government to seek competitive bids for the purchase of the goods and services. WHEREAS, Subchapter F, Chapter 271.102 of the Texas Local Government Code, "Cooperative Purchasing Program Participation," provides that a local government may participate in a cooperative purchasing program with other local governments or ' a local cooperative organization established to provide local governments access to contracts with vendors for the purchase of materials, supplies, services or equipment; and WHEREAS, the City of Schertz desires to contract with both Bexar County and Region 14 Education Service Center to participate in purchasing cooperatives; and WHEREAS, the City of Schertz has reviewed the benefits of participating in these cooperatives and has concluded that the programs will provide the best value to the taxpayers through the anticipated savings to be realized. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS THAT: Section 1, The City Council hereby authorizes execution and delivery of the Agreements with Bexar County and Region 14 Education Service Center in substantially the forms set forth on Exhibit A. Section 2. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a part of the judgment and findings of the City Council Section 3. All resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict, and the provisions of this Resolution shall be and remain controlling as to the matters resolved herein. Section 4. This Resolution shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. Section 5. If any provision of this Resolution or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Resolution and the application of such provision to other persons and circumstances shall nevertheless be valid, and the City Council hereby declares that this Resolution would have been enacted without such invalid provision. Section b. It is officially found, determined, and declared that the meeting at which this Resolution is adopted was open to the public and public notice of the time, place, and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by Chapter 551, Texas Government Code, as amended. Section 7. This Resolution shall be in force and effect from and after its final passage, and it is so resolved. PASSED AND ADOPTED, this _a day of _, 2015. CITY OF SCHERTZ, TEXAS Gt/ /Jim Fowler, Mayor Pro -Tem ATTEST: Qck- Q;L City, ecretary, Brenda Dennis (CITY SEAL) Exhibit B Revival and Amendment STATE OF TEXAS § REVIVAL AND AMENDMENT TO COUNTY OF BEXAR § INTERLOCAL AGREEMENT FOR § PURCHASING SERVICES This revival and amendment (the "Amendment ") to the Interlocal Agreement ( "ILA ") is entered into by Bexar County, a political subdivision of the State of Texas (the "County ") and the City of Schertz, a Home Rule City, (the "City "), individually referred to as a "Party," or collectively referred to as the "Parties." ARTICLE I PURPOSE 1.01 The purpose of this Amendment is to revive the Interlocal Agreement for Purchasing Services ( "Agreement," attached as "Exhibit A "), the term of which expired on September 30, 2018, and to extend its term. ARTICLE II REVIVAL AND EXTENTION OF TERM 2.01 The Agreement, as amended, is revived for all purposes making its term continuous and uninterrupted from the date of execution of the Agreement to the date of execution of this Amendment. 2.02 The Parties extend the term of the Agreement, as amended, for a period of five years, beginning October 1, 2018 and ending September 30, 2023. The Agreement, as amended, shall automatically renew for one additional five -year term. ARTICLE III OTHER AMENDMENTS 3.01 Article 2.01 of the Agreement. Article 2.01 is deleted and the following is inserted in its place: "2.01 County appoints the County Purchasing Agent or Interim Purchasing Agent as its designated representative and primary point of contact with regard to this Agreement." 3.02 Article 2.02 of the Agreement. Article 2.02 is deleted and the following is inserted in its place: "2.02 City appoints the City Manager as its designated representative and primary point of contact with regard to this Agreement." 3.03 Article 5.07 of the Agreement. Article 5.07 of the Agreement is deleted. 3.04 Article 8.01 of the Agreement. Article 8.01 of the Agreement is deleted and the following is inserted in its place to reflect the current notice addresses: 1 "8.01 All notices required to be given under this Agreement shall be in writing and shall either be personally served, documented with written receipt, or give by certified mail or registered mail, return receipt requested, postage prepaid and addressed to the property party at the address which appears below, or at such other address as the Parties may designate in accordance with this provision. All notices given by mail shall be considered to have been given at the time of the deposit in the United States mail and shall be effective from such date. If to County: Bexar County Judge 101 W. Nueva Street Paul Elizondo Tower, Suite 1000 San Antonio, Texas 78207 With a copy to: Bexar County Purchasing Agent 1103 South Frio San Antonio, Texas 78207 If to City: Mayor City of Schertz 1400 Schertz Pkwy Schertz, TX 78154 With a copy to: City Manager City of Schertz mbrowne @schertz.com" ARTICLE IV OTHER TERMS AND CONDITIONS 4.01 Except as modified by this Amendment, all other terms and conditions of the Agreement remain the same. EXECUTED IN DUPLICATE ORIGINALS THIS DAY OF 52019. COUNTY OF BEXAR CITY OF SCHERTZ L'In NELSON W. WOLFF County Judge Date: 2 MICHAEL CARPENTER Mayor APPROVED AS TO LEGAL FORM: APPROVED: SUE JANA Assistant Criminal District Attorney Civil Division APPROVED AS TO FINANCIAL CONTENT: SUSAN YEATTS County Auditor DAVID SMITH County Manager BRENDA DENNIS City Secretary Exhibit A Original ILA for Purchasing Services