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11 - Master Interlocal Agreement with 791 Purchasing CooperativeItem No. 11 Memorandum TO: Mayor Mayor Pro Tem City Council FROM: Robert G. Vine, Assistant City Manager SUBJECT: 791 Purchasing Cooperative DATE: July 24, 2023 BACKGROUND: The City of Paris is governed by requirements regarding procurement, specifically competitive bid contracts, which are dictated by law. Purchasing cooperatives can assist municipalities reduce the amount of time a project may take to procure, save costs and help ensure compliance with procurement laws. The City of Paris is already a member of one such purchasing cooperative, BuyBoard. Similar to BuyBoard, 791 Purchasing Cooperative is another opportunity for the City of Paris to benefit from cooperative contracts and lower costs for services and/or materials. STATUS OF ISSUE: 791 Purchasing Cooperative is a leading government purchasing cooperative with Texas lead government agencies Region 15 ESC and The Central Texas Council of Governments. This cooperative compliantly and competitively bid contracts for member agencies to use to satisfy the competitive bid laws. Cooperative purchasing saves time and money by combining purchasing power, creating efficiencies, and making the process easier for public agencies and vendors. Joining 791 Purchasing Cooperative would give the City of Paris access to millions of products and services that have already been competitively bid and awarded by a lead public agency, so your agency does not have to perform the process again. Additionally, the 791 Purchasing Cooperative leverages national purchasing power and economies of scale of a national purchasing consortium to get best pricing and terms for agencies small to large. BUDGET: This would be budget neutral as there is no cost attached to joining the 791 Purchasing Cooperative, however, this agreement could afford the City to save money in the future on services, equipment and materials. OPTIONS: 1. Decline entering into an agreement with 791 Purchasing Cooperative. 2. Approve staff to enter into an agreement between the City of Paris and 791 Purchasing Cooperative as presented. RECOMMENDATION: Staff recommends approval to enter into an agreement with 791 Purchasing Cooperative. RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS APPROVING A MASTER INTERLOCAL AGREEMENT WITH 791 PURCHASING COOPERATIVE AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME ON BEHALF OF THE CITY; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Paris is subject to competitive bidding laws; and WHEREAS, purchasing cooperatives can assist municipalities to reduce the amount of time a project may take to procure, save costs, and help ensure compliance with procurement laws; and WHEREAS, to further these aims, the City Council wishes to join the 791 Purchasing Cooperative ("791 COOP"), a leading government purchasing cooperative with Texas lead government agencies in Region 15 ESC and the Central Texas Council of Governments which competitively bids contracts for member agencies in a manner consistent with Texas state law; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, TEXAS, THAT: Section 1. The findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That pursuant to the authority granted by Tex. Gov. Code Sec. 791.001, et seq, the City Council of the City of Paris, Texas desires to participate in the 791 Purchasing Cooperative, and is of the opinion that participating in the 791 COOP will be highly beneficial to the city's taxpayers through the anticipated savings to be realized. Section 3. That the City Council hereby approves the Master Interlocal Agreement with the 791 Purchasing Cooperative attached hereto as Exhibit A and incorporated herein by reference. Section 4. That the City Manager, Grayson Path, is hereby directed and authorized to sign execute said agreement and to sign and deliver any and all necessary requests and documents in connection therewith for and on behalf of the City of Paris, Texas. Section S. That the City Manager shall cause this Resolution to be forwarded to the corporate office of the 791 COOP for filing with same. PASSED AND APPROVED this 24th day of July, 2023. Reginald B. Hughes ATTEST: Janice Ellis, City Clerk APPROVED AS TO FORM: Stephanie H. Harris, City Attorney MASTER INTERLOCAL AGREEMENT This Master Interlocal Agreement ("Agreement") is made by and between 791 Purchasing Cooperative ("791 COOP") and ("End User"), (collectively referred to as the "Parties" or individually as the "Party") acting herein by and through their respective authorized officers, agents, and/or employees. PURPOSE WHEREAS, the federal, state, and territorial governments of the United States of America have expressly authorized and encouraged the use of cooperative purchasing agreements to increase quality and efficiency in purchasing for public, publicly funded, and other legally authorized entities; and WHEREAS, 791 Purchasing Cooperative LLC through its purchasing cooperative named 791 Purchasing Cooperative (791 COOP) is committed to providing cooperative purchasing contracts with lead public agencies to eligible organizations, including, but not limited to, public and private K12 schools, cities, counties, institutions of higher education, and other eligible units of government ("Authorized Users") in all states in order to increase quality and efficiency in purchasing; and WHEREAS, 791 COOP is authorized to contract with the End User entity through Chapter 791 of the Texas Government Code, Chapter 252, 262, and 2269 of the Texas Government Code, Chapter 44 of the Texas Education Code, and other relevant federal and state laws to provide goods and service through legally compliant mechanisms; and WHEREAS, The Parties wish to enter into this Agreement to maximize spending power of End User entity and provide increased efficiency in the sourcing and purchase of goods and services; and WHEREAS, the governing bodies of the Parties, individually and corporately do hereby adopt and find the foregoing promises as findings of said Authorized Users; and NOW, THEREFORE, premises considered, and in consideration of and conditional upon the mutual covenants and agreements herein, the Parties herein mutually agree as follows: AGREEMENT 1. Term: This Agreement is effective for ten (10) years from the date of the last signature and shall automatically renew annually unless either party gives sixty (60) days prior written notice of non- renewal. 2. Permissions: This Agreement shall: (1) Allow Authorized User/End User entities to purchase goods and services by purchase order, contract, agreement, or other legally permitted mechanisms through 791 COOP's competitively awarded vendor list; (2) allow the Authorized User to access 791 COOP's cooperative contracts to purchase products or services from vendors which have been awarded contracts through statutorily authorized methods; and (3) allow the Authorized User/End User entities to access 791 COOP subject matter expertise to facilitate best practices in sourcing and procurement. 3. Relationship: The relationship between the Parties is that of the Independent Contractor. Neither Party has the authority to bind the other in any manner beyond the terms of this Agreement. The End User entity may be required to enter into subsequent contractual arrangements with 791 COOP to ensure pricing, standards, and compliance, and for specific products or services. 4. Confidentiality and Safeguarding: To the extent permitted and/or required by laws of Authorized User's operation's jurisdiction, proprietary information and intellectual property of 791 COOP will be shielded from public inquiry without the prior written consent of 791 COOP. 5. Venue and Governing Law: The Parties covenant and agree that any litigation relating to this agreement, the terms, and conditions of the agreement will be interpreted according to the laws of the State of Texas and the venue shall be exclusively in Bexar County, Texas. 666661 ........em Jeffrey Shokrian, CEO Date 791 Purchasing Cooperative Authorized User Representative Date Governing Body Approval Date Entity Name Entity Address (Principal Office) Entity Contact Telephone Number Entity Contact E-mail Address