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22-R-74 - ILA with Savvik Buying Group for cooperative Purchasing servicesRESOLUTION NO. 22 -R -74 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS AUTHORIZING AN INTERLOCAL AGREEMENT WITH SAVVIK BUYING GROUP, 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 SAVVIK Buying Group ( "Savvik "); 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 City through volume purchasing. 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 Agreement with SAVVIK Buying Group ( "Savvik") 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 26th day of July 2022. ATTEST: finis CITY OF SCHERTZ, TEXAS RALytUT0,REZ, Mayor EXHIBIT A SAVVIK BUYING GROUP — COOPERATIVE PURCHASING AGREEMENT MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT This Agreement is made between certain government agencies that execute a Principal Procurement Agency Certificate ("Principal Procurement Agencies' to be appended and made a part hereof and other public agencies ("Participating Public Agencies' that register by form or electronically with Sawik Buying Group ("Savvik'� or otherwise execute a Participating Public Agency Certificate to be appended and made a part hereof. RECITALS WHEREAS, after a competitive solicitation 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'D; WHEREAS, Master Agreements are made available by Principal Procurement Agencies through Sawik 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 contained in this agreement, and of the mutual benefits to result, the parties agree as follows: 1. That each party will facilitate the cooperative procurement of Products. 2. 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. 3. That the cooperative use of solicitations obtained by a party to this agreement shall be in accordance with the terms and conditions of the solicitation, except as modification of those terms and conditions is otherwise allowed or required by applicable law. 4. 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. 5. 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. 6. The procuring party shall not use this agreement as a method for obtaining additional concessions or reduced prices for similar products or services. 7. The procuring party shall be responsible for the ordering of Products under this agreement. A non - procuring party shall not be liable in any fashion for any violation by a procuring party, and the procuring party shall hold non - procuring party harmless from any liability that may arise from action or inaction of the procuring party. 8. This agreement shall remain in effect until termination by a party giving 30 days written notice to the other party. The provisions of paragraphs 5, 6 and 7 hereof shall survive any such termination. Participating Public Agency is not required or obligated to any purchase threshold in order to use Sawik contracts. Contract is at will. 9. This agreement shall take effect after execution of the Principal Procurement Agency Certificate or Participating Public Agency Registration, as applicable. Signed Title Agency Name _ Address _r Savvik Signature Printed Name Date City State ZIP Date Please return to help @sawik.org or fax back to 320.295.7098 i EAGLE COUNTY r'. Public Safety ssociation Inc *� PARAA rn)r SER�IICES �'s'� "WORKING FOR YOU SAVV I K® BUYING GROUP To Whom It May Concern: The Public Safety Association Inc. a Minnesota non -profit corporation based in St. Cloud, Minnesota. PSAI's mission is to provide a mechanism to achieve cost reductions for its members, which currently includes over 12,000 EMS agencies in 50 states and several provinces. In collaboration with our lead public bidding agency, Eagle County Health Service District, PSAI creates specifications for public safety products and supplies, which Eagle County Health Service District uses to bid and write cooperative contracts. These cooperative contracts are marketed exclusively through the Sawik Buying Group nationwide. Members of PSAI and Sawik Buying Group are eligible to access these cooperative contracts. Generally, Minnesota law allows PSAI and Sawik Buying Group municipal members to purchase products and services through PSAI cooperative contracts only if PSAI complies with competitive bidding procedures when awarding those contracts. See Minn. Stat. §471.345, subd. 10. It also allows PSAI to award contracts to more than one vendor, provided that the effects of competition are maintained when awarding the contracts. Accordingly, to serve both the PSAI and Sawik Buying Group municipal members, PSAI follows Minnesota competitive bidding requirements found in Minnesota Statutes, Sections 412.311 and 471.345. Specifically, this process includes: 1. At least 10 days before a bid submission deadline, PSAI advertises the request forbids a. (RFB). The notice states the basic facts regarding the RFB, including where to obtain RFB documents. 2. Sealed bids must arrive at the PSAI office on a specific date and time selected by PSAI in accordance with the 30 -day period after the first publication in the local newspaper. 3. A public bid opening is conducted by PSAI executive staff and Eagle County staff. 4. A committee of Eagle County staff and PSAI executive staff reviews the bids and selects the lowest responsible and responsive bids for awards. PSAI strives to provide its members with quality products and services at the industry's best prices. 5. The bid review committee recommends one or more bids for approval and awards contract(s) 6. If you have any further questions, please contact the PSAI or Sawik Buying Group office.