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HomeMy WebLinkAbout114-09 RESOLUTIONRESOLUTION NO. 114-09 A RESOLUTION TO APPROVE THE INTERLOCAL COOPERATION AGREEMENT WITH DAWSON EDUCATION COOPERATIVE TO ENABLE THE CITY OF FAYETTEVILLE TO PURCHASE GOODS AND SERVICES THROUGH THE TEXAS ARKANSAS PURCHASING SYSTEM WHEREAS, the Department of Finance and Administration has determined that state agencies, counties, cities, school districts, etc. can use The Texas Arkansas Purchasing System (TAPS) to acquire goods and services and remain in substantial compliance with Arkansas purchasing law. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the attached Interlocal Cooperation Agreement with Dawson Education Cooperative to enable the City of Fayetteville to purchase goods and services through The Texas Arkansas Purchasing System (TAPS). PASSED and APPROVED this 21.1" day of June, 2009. APPROVED: By: ATTEST: By: AN, Mayor SON RA E. SMITH, City Clerk/Treasurer Y . 'p• C` ▪ FAYETTEVILLE; • � .,,sy�ye kaN PO,=,r iONeGte��� Andrea Foren Submitted By City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements Tuesday, June 02, 2009 City Council Meeting Date Agenda Items Only Purchasing Division Action Required: Finance & Internal Services Department A resolution to enter into an agreement with Dawson Education Cooperative that will allow City Divisions to purchase through a program known as the Texas Arkansas Purchasing System (TAPS) Program. N/A Cost of this request N/A Account Number N/A Project Number Budgeted Item N/A Category / Project Budget N/A N/A Program Category / Project Name N/A Funds Used to Date Program / Project Category Name N/A N/A Remaining Balance Fund Name Budget Adjustment Attached Department Director City Att. -y Finance and Internal Services Director 5 -1g-O4 Date � rs-off' Date 5' I g Date 5-1 05 Date �z» Previous Ordinance or Resolution # Original Contract Date: Original Contract Number: Received in City Clerk's Office MEM 5/451° Comments: Revised January 15, 2009 CITY COUNCIL AGENDA MEMO Purchasing Division 113 W. Mountain — Room 306 Fayetteville, AR 72701 Phone: 479-575-8220 TO: Mayor Jordan and City Council THRU: Paul Becker, Finance and Internal Services Director Peggy Vice, Purchasing Manger FROM: Andrea Foren, Purchasing Agent DATE: Friday, May 15, 2009 SUBJECT: TAPS Purchasing Contract BACKGROUND The Interlocal Purchasing System (TIPS) is sponsored by the Texas Region VIII Education Service Center (ESC8) and is governed by the Region 8 ESC Board of Directors. The Interlocal Purchasing System is available for use by cities, counties, and other government entities in the states of Arkansas, Illinois, Kansas, Louisiana, Missouri, New Mexico, Ohio, Oklahoma, Tennessee and Texas. TIPS Awarded Vendors have submitted proposals from aposted RFP and are competitively awarded contracts accordingly. These Awarded Vendors have agreed to provide the best pricing, terms and conditions available to TIPS Members. The TIPS Program takes PRIDE in providing a purchasing coop where Awarded Vendors and Members both benefit. With a successful award, this firm can expedite an order for a member because all purchasing requirements are completed during the RFP process. TIPS Members can benefit from the cost savings of time and expense in competitively bidding each purchase. The Purpose of TIPS • Provide school districts and other governmental entities opportunities for greater efficiency and economy in acquiring goods and services. • Take advantage of state-of-the-art purchasing procedures to insure the most competitive contracts. • Provide competitive price solicitation and bulk purchasing for multiple government entities that yields economic benefits unobtainable by individual entities. • Provide quick and efficient delivery of goods and services by contracting with "high performance" vendors. Page 1 of 2 • Equalize purchasing power for smaller entities that are not able to command the best contracts for themselves. • Maintain credibility and confidence in business procedures by maintaining open competition for purchases and by complying with purchasing laws and ethical business practices. • Assist entities in maintaining the essential controls for budget and accounting purposes The City is not charged a fee for membership. This contract has been reviewed by the State of Arkansas, Office of State Procurement (OSP). The OSP has stated in writing this contract "substantially meets the requirements of Arkansas statutes, rules and remedies in accordance with the provisions of ACA 19-11- 256 and 19-11-201, et. seq." RECOMMENDATION Staff recommends participation in this program as it provides a wide range of products that multiple divisions will be able to purchase from. Commodities that can be purchased off this contract include but are not limited to the following: - Audio Visual Equipment and Supplies Audiometers, New, Used, & Servicing Building Supplies and Materials - Cabling Products & Services Carpet, Installation & Supplies - Classroom & Teaching Aids, Commercial Kitchen Cafeteria Equipment, etc. - Commercial Office Furniture and Case Goods Comprehensive HVAC Solutions & Services Computer Equipment, Components & Peripherals Copiers, Fax Machines, etc. - Custodial Supplies & Equipment - Instructional Furniture Library, Auditorium & Office Furniture - Management Software Motorola Broadband Office & School Supplies Playground Equipment & Supplies - Printing, Sorting & Other Related Services Roofing Replacement & Repairs - Telephone Systems Equipment, Repair & Services Purchases in excess of $20,000 from this contract will still require City Council approval. Page 2 of 2 AUG -27-2008 16:27 ASBA STATE OF ARKANSAS Department of Finance and Administration August 27, 2008 Mr. Jay Bauman Texas Arkansas Purchasing System 2230 North Edwards Mt. Pleasant, TX 75456-1.894 5013752454 P.001/001 OFFICE OF STATE PROCUREMENT 1509 West Seventh Strad. Suite 300 Little Rock, Arkansas 72201-4222 Pone: (501) 324-9316 Fax (501)324-9311 httpJ/www.arkanuax.gev Dear Mr. Bauman: 1. have reviewed the provided documentation from TAPS (Texas Arkansas Purchasing System) regarding its practices and procedures in the procurement of commodities and services. It appears that TAPS contracts substantially meet the requ rernerits.of Arkansas statutes, rules and remedies in accordance with the provisions of ACA 19-11-256 and 19-4.1.201, et. seq. This cooperative agreement with TAPS (Texas Arkansas Purchasing System) would apply to purchases by any Arkansas State Agency, including higher education entities, or palrticai subdivision (counties, municipalities, and school districts). Should any questions arise, please contact this office. Sincerely yours, ane T. Benton, Director Office of State Procurement TOTAL P.001 RESOLUTION NO. A RESOLUTION TO APPROVE THE INTERLOCAL COOPERATION AGREEMENT WITH DAWSON EDUCATION COOPERATIVE TO ENABLE THE CITY OF FAYETTEVILLE TO PURCHASE GOODS AND SERVICES THROUGH THE TEXAS ARKANSAS PURCHASING SYSTEM WHEREAS, the Department of Finance and Administration has determined that state agencies, counties, cities, school districts, etc. can use The Texas Arkansas Purchasing System (TAPS) to acquire goods and services and remain in substantial compliance with Arkansas purchasing law. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the attached Interlocal Cooperation Agreement with Dawson Education Cooperative to enable the City of Fayetteville to purchase goods and services through The Texas Arkansas Purchasing System(TAPS). PASSED and APPROVED this 2"d day of June, 2009. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer INTERLOCAL COOPERATION AGREEMENT Public Agency, This Interlocal Cooperation Agreement (the "Agreement") is entered into by and between the Dawson Education Cooperative (DEC) and the City of Fayetteville, Arkansas (collectively, the Parties) pursuant to the Arkansas Interlocal Cooperation Act. Ark. Code Ann. §25-20-101 et seq. RECITALS WHEREAS, DEC is a political subdivision of Arkansas. Ark. Code Ann. §06-13-1002(a); and WHEREAS, DEC has a legislative mandate to assist Education Entities or Higher Ed Divisions in using resources more effectively through cooperative purchasing. Ark. Code Ann. §06-13-1002(b)(2); WHEREAS, the City of Fayetteville is a political subdivision of Arkansas. Ark. Code Ann. §14-37-101 et seq. WHEREAS, the Arkansas Interlocal Cooperation Act authorizes public agencies to enter into agreements for joint .cooperative action with other public agencies in order to exercise any governmental powers, privileges or authority that both agencies have in common. Ark. Code Ann. §25-20-101 et seq. NOW, THEREFORE, the Parties HEREBY agree as follows: Duration This agreement is effective beginning Jiotto2 o2coq and shall be automatically renewed annually unless either party gives sixty (60) days prior written notice of non -renewal. II, Purpose The purpose of this Agreement shall be to provide cooperative purchasing services to the City of Fayetteville through a program known as the Texas Arkansas Purchasing System (TAPS) Program. The purpose of the TAPS Program shall be to obtain substantial savings for participating education cooperatives, public schools and other public agencies through volume purchasing. TAPS' objective shall be to provide participating education service centers and cooperatives and their school districts and other public agencies opportunities for greater efficiency and economy in acquiring goods and services. Specifically, TAPS shall: 4 Take advantage of state-of-the-art purchasing procedures to insure the most competitive contracts. 4 Provide competitive price solicitation and bulk purchasing for multiple government entities that yields economic benefits unobtainable by individual entities. Provide quick and efficient delivery of goods and services by contracting with high performance vendors. 4 Equalize purchasing power for small entities that are not able to commend the best contracts for themselves. 1 Maintain credibility and confidence in business procedures by maintaining open competition for purchases and by complying with purchasing laws and ethical business practices. 4 Assist entities in maintaining the essential controls for budget and accounting purposes. III. Financing This cooperative undertaking shall be financed by charging vendors a commission based upon the total volume of goods provided by said participating vendor. Co costs shall be incurred by DEC or its member public agencies. IV. Termination This Agreement may be terminated with or without cause by either party upon sixty (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 termination and after giving the affected party a thirty (30) day period to cure any breach. Obligations of the Parties DEC shall: 1. Coordinate with TAPS in order to provide for the administration of the program for DEC member districts. 2. Provide the City of Fayetteville with procedures for ordering, delivery, and billing. The City of Fayetteville shall: 1. Commit to participate in the program 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. VI. General Provisions The 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 program. 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. 3 If any terms or provisions of this Agreement are held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions of this Agreement shall remain in full force and effect. The Parties to this Agreement expressly acknowledge and agree that all monies paid pursuant to this Agreement shall be paid from budgeted available funds for the current fiscal year of each such entity. 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 nonbinding mediation. No Party to the 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. All notices required by this Agreement shall be sent to the Addresses listed below. VII. Authorization DEC has entered into this Agreement to provide cooperative purchasing opportunities to its members. This Agreement was approved by the governing boards of the respective parties at meetings that were posted and held in accordance with applicable laws. 4 The individuals signing below are authorized to do so by the respective parties to this Agreement. MEMBER INFORMATION ANDREA FOREN City of Fayetteville Purchasing Contact 113 W. Mountain St., Room 306 Fayetteville, AR 72701 (479) 575-8220 (479) 575-8257 — FAX aforen@ci.fayetteville. ar.us CITY OF FA By: L i LD JO "F' , Mayor ATTEST: By: CHRIS DOUGHTY City of Fayetteville Purchasing Technology Contact 113 W. Mountain St. Fayetteville, AR 72701 (479) 575-8306 (479) 575-8257 - FAX edoughty@ci.fayetteville.ar.us AUTHORIZATION TTEVILLE, ARKANSAS DAWSON EDUCATION COOPERATIVE Sondra Smith, City Clerk/Treasurer Date: %IA( � i&a ,'„` KiTRiE q , �x �'`�Y 0F'rG9F,rr � r MU a 4=AyETTEvtag i .Js �BKANR. 5 By: By: Date: RESOLUTION NO. 114-09 A RESOLUTION TO APPROVE THE INTERLOCAL COOPERATION AGREEMENT WITH DAWSON EDUCATION COOPERATIVE TO ENABLE THE CITY OF FAYETTEVILLE TO PURCHASE GOODS AND SERVICES THROUGH THE TEXAS ARKANSAS PURCHASING SYSTEM WHEREAS, the Department of Finance and Administration has determined that state agencies, counties, cities, school districts, etc. can use The Texas Arkansas Purchasing System (TAPS) to acquire goods and services and remain in substantial compliance with Arkansas purchasing law. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby approves the attached Interlocal Cooperation Agreement with Dawson Education Cooperative to enable the City of Fayetteville to purchase goods and services through The Texas Arkansas Purchasing System (TAPS). PASSED and APPROVED this 2nd day of June, 2009. APPROVED: ATTEST: By: SON RA E. SMITH, City Clerk/ reasurer w►�`�Gi 0` { Y :���i CC1� FAYE[TEVI LLE.' ,y7 1?iiI'A Sp, Jam`.