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Home My WebLink AboutCooperative Purchasing AgrmtMEMBER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT BETWEEN NATIONAL PURCHASING PARTNERS ("NPP") D/B/A FIRERESCUE GPO AND THE CITY OF MIAMI National Purchasing Partners Member Intergovernmental Cooperative Purchasing Agreement This ..Intergovernmental Agreement (Agreement) by and between government entities and associated non-profit institutions .that execute a Lead Contracting Agency Authorization ("Lead Contracting Agency(ies)") to be supplemented and :made a part hereof and participating National Purchasing Partners ("NPP") government entity members ("Participating .Agencies") that agree to the terms . and conditions .of .this Agreement. All NPP Lead .Contracting Agencies and Participating Agencies shall be considered.as'"parties".to this. agreement. WHEREAS, .upon completion of .a formal competitive solicitation ..and selection process, the Lead Contracting Agencies have entered into Master Price: Agreements with one or more Vendors to provide goods and services, often based on -national sales volume projections; WHEREAS, NPP, subsidiary.of-two nonprofit`health care systems, -:.providing group purchasing marketing and administrative support -for -.governmental entities within .the membership. :NPP'.s marketing and adniinistiative .services are free to its _membership, which includes participating public -entities ,and non-profit institutions throughout North America. WHEREAS, NPP has instituted a :cooperative purchasing program .under which member Participating :Agencies may reciprocally utilize competitively :solicited Vendor Contracts through the inclusion -of the membership :in Lead Contracting Agency bid Solicitation_and MasterPrice Agreements; WHEREAS, the :Master Price Agreements provide that .all .members :of NPP:may purchase .goods and services on the :same terms, conditions :and ,pricing as 'the Lead Contracting :Agency, subject to :applicable local and :state laws .of the Participating Agencies; WHEREAS, :the parties agree to comply with the requirements : of the Intergovernmental Cooperation Act as may be applicable to the local and 'laws -of the Participating Agencies; WHEREAS, the parties desire to conserve .and leverageresources,and to improve the efficiency and economy of the procurement process while reducing solicitation and procurement :costs; WHEREAS, the parties .are authorized, and eligible to .contract with governmental bodies and Vendors to perform governmental functions and services, including the purchase of goods and services; and WHEREAS, :the parties desire to contract with Vendors under the terms of the Master: Price Agreements open to .all NPP members; NOW, THEREFORE, the parties agree .as follows: ARTICLE I: LEGAL AUTHORITY Each Party represents and warrants that it is eligible to participate in this Agreement .because it is a local government or .non-profit corporation created and operated to provide one or more .governmental functions and possesses adequate legal authority to enter into this Agreement. ARTICLE 2: APPLICABLE LAWS The procurement ,of goods and services 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.policies. It is the responsibility:ofeach party°to ensure it has met all applicable .solicitation and procurement requirements, both in state law and local policy. ARTICLE 3: IUSE 3F iBID,,PROPOSAL OR PRICE .AGREEIV ENT a. Each -party willfacilitate the cooperative .procurement .ofgoods:and:services. :b. The .procuringparty shall be:responsible:for;the ordering;of goods :and services under this_Agreement. A non-procuringparty shall.not:beliable in any fashion for:any violation by a procuringparty, and :the procuringparty:shall hold non-procuring:parties:harmless from any 'liability that may arise: from action or inaction:of the procuring party. c. The procuring party shall :not use this agreement as :a method :for obtaining additional concessions or reduced prices: for: similar goods and services outside the scope of the Master Price. Agreements_ and NPP. d. The exercise of any rights .or remedies by the .procuring party shall be the exclusive obligation of such procuring party. e. The cooperative use of bids, proposals or .Price Agreements obtained .by a party to this Agreement :shall be in .accordance with the terms and conditions of the bid, proposal or Price Agreement, except as modified where otherwise allowed or required by applicable law, and does not relieve the party of its other bid requirements understate lawor local policies. ARTICLE 4: PAYMENT OBLIGATIONS The procuring party will make timely payments to Vendors for goods and services received in accordance .with the terms and conditions of the procurement. Payment for goods and services, inspections and acceptance of goods and services ordered by the procuring party shall be the exclusive ..obligation of such procuring party. Disputes between procuring party and Vendor shall be resolved in accordance with .the law and venue rules of the state of the procuring party. ARTICLE 5: COIVLIVIENCEMENT DATE This Agreement shall take effect :after execution of- the "Lead Contracting Agency Endorsement and Authorization" or "Participating Agency Endorsement and Authorization;".as applicable. ARTICLE 6: 'TERMINA-TION OF. AGREEMENT This Agreement shall remain in .effect until terminated by aparty :giving '30 days written.:notice:to NPP at 11100:Olive Way, Suite .10�3;?.. Seattle, Washington 98101. ARTICLE 7:..ENTIRE AGREEMENT This Agreement -and any .attachments, as .Provided herein, constitute the complete Agreement between the parties hereto, and supersede any .and .all oral and written agreements between the parties:: relating to .matters' herein. ARTICLE 8: -CHANCES AND AMENDMENTS This Agreement _may be amended .only by a written amendment -executed by :all .parties, except that .any .alterations, additions, or .deletions of this .Agreement -which rare required :by changes in Federal and :State law or regulations are automatically incorporated into this Agreement without written amendment 'hereto :and shall become effective:on the date designated'by such.iaw or:regulation. ARTICLE 9: SEVERABILITY All parties agree that should. any provision of .this Agreement be determined to be invalid or unenforceable, .such determination shall , not affect any other term of 'this Agreement, which shall continue in full force:and effect. THIS INSTRUMENT HAS BEEN EXECUTED IN TWO OR MORE :ORIGINALS BY .EXECUTION AND ATTACHMENT OF EACH "LEAD CONTRACTING AGENCY :ENDORSEMENT AND AUTHORIZATION" OR "PARTICIPATING AGENCY ENDORSEMENT AND AUTHORIZATION," AS APPLICABLE. ONCE EXECUTED, IT IS THE RESPONSIBILITY OF EACH - PARTY TO FILE THIS . AGREEMENT WITH THE .PROPER AGENCY IF REQUIRED BY LOCAL OR STATE LAW. LEAD. CONTRACTING AGENCY ENDORSEMENT AND AUTHORIZATION Theundersigned: acknowledges, an behalf of Tualatin Valley Fire .& Rescue (Lead Contracting Agency) that he/she has read .and agrees to the general .terms and conditions set forth in the enclosed Member Intergovernmental Cooperative Purchasing. Agreement regulatinguse of the Master Price Agreements and purchase of goods and services that from time to time are made available by Lead Contracting Agencies to Participating Agencies locally, regionally, and nationally through NPP. Copies of Master Price Agreements. and any amendments thereto made available by Lead Contracting Agencies will be provided to Participating Agencies and NPP to facilitate use by Participating Agencies. The undersigned understands that the. purchase of goods and services under the provisionsof the Member Intergovernmental Cooperative Purchasing Agreement is at the absolute discretionof the Participating Agencies. The undersigned affirms that he/she is an agent of Tualatin Valley Fire & Rescue and is duly authorized to sign this Lead Contracting Agency. Endorsement and Authorization. Date: BY: ITS: l/r� z Lead Contracting. Agency Contact Information: 'Contact Person: Debbie Vuylsteke Address: 20665 SW Blanton Street Aloha, OR 97007 Telephone No.:.:(503) 642-0321 Email: debbie.vuyisteke@tvfr.com PARTICIPATING AGENCY ENDORSEMENT ANI) AUTIHORIZATION The undersigned acknowledges, on behalf of City of Miami (Participating Agency) that he/she has read . and agrees to the general terms .and .conditions set .forth . in the enclosed Member .Intergovernmental Cooperative Purchasing Agreement regulating use of the Master Price Agreements .and purchase of goods and services :that from time to time are made available by Lead Contracting Agencies to Participating Agencies locally, regionally, and nationally:through NPP. The undersigned further . acknowledges that the purchase of goods and services under the provisions . of the Member Intergovernmental Cooperative Purchasing Agreement is at the absolute discretion of the Participating Agency and that neither the Lead Contracting. Agency nor NPP shall be held liable for any costs :or damages incurred by or as a result.of.the actions of the Vendor or any other Participating Agency. Upon .award . of contract, the Vendor :shall deal directly with the Participating Agency concerning the placement, of orders,disputes, invoicing and payment. The undersigned affirms that he/she is an agentof city of Miami and is duly:authorized.to sign this: Participating Agency Endorsement and Authorization. SEE ATTACHED SIGNATURE PAGE Date: - BY: ITS: Participating Agency Contact Information: Contact. Person: Yusbel Gonzalez, CPPB Address: 444 SW 2 Ave. 6 Flr, Purchasing Dept. Miami, Florida 33130 Telephone No.: (305) 416-1958 Email: YGONZALEZ@MIAMIGOV . COM City Signature Page for: National Purchasing Partners Member intergovernmental Cooperative Purchasing Agreement ATTEST: ,t //7/1 Dwi 1. 'banie., MSL City clerk APPROVED AS TO FORM AND.CORRECTNESS: Julie 0. Bru City Attorney CITY OF MIAMI FLORIDA nny Martin- , P.E. C Manager 7 // APPRO VE9 AS TO INSURANCE � REQUIREMENTS: Calvin Ellis Direktor / Risk Man