AG 21-203 - NCPAAG 21-203
see Res #21-805
MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT
This agreement is made between a government agency that executes a Lead Agency Certificate ("Lead Agency") to be appended and made apart hereof and other public
agencies ("Participating Public Agencies") that registerelectronically with National Cooperative Purchasing AIIlance ("NCPA") or otherwise execute a Participating Public Agency
Certificate to be appended and made apart hereof.
RECITALS
WHEREAS, after competitive solicitation and selection process by Lead Agency, in compliance with their own policies, procedures, rules and regulations, a number of Vendors
have entered into Master Agreements to provide a variety of goods, products and services based on national volumes (herein "Products");
WHEREAS, Master Agreements are madLaval [able by Lead Agency through NCPA and provide that Participating PublicAgencies may purchase Products on the same terms,
conditions and pricing as the Lead Agency, subject to any applIca hle 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 parry wlllfaciIitatethe cooperativeprocurementofProducts
_
2. That the procurement of Products subject to this agreement shall be conducted in accordance withandsubjecttothe relevant statutes, ordinances,rules and regulations
that govern each party's procurement practices-
3- Thatthe cooperative use of bids aLtalned by a partyto this agreement shall be in accordance with theterms arid conditions ofthe Lid, except as modification ofthose terms
and conditions is otherwise allowed or required by applicable law_
4_ Thatthe Lead Agencies *111 make available, upon reasonable request and subject to convenience, information which may assist in improvingthe procurement of products by
the Participating Public Agencies_
5. That a procuring party will maketimely payments to theVpndorfc;r Products received in accordance with the tprms and conditions ofthe procurement. Payment for Products
and inspections and acceptanceof Products ordered bythe procuring party shall be the exclusive obligation of such procuring party. Disputes between procuring party and
Vendorareto be resolved in accord with the law and venue rules of the State of purchase.
6. Theprocuringpartyshallnotusethisagreementasamethodforobtainingadditionalconcessionsorreducedpricesforsimilarproductsorservices-
7. The procuring party shall be responsi[:le forthe ordering of Products under this agreement. A non -procuring party shall not be liable in any fashion for any violation bya
procuring party, and the procuring party shall hold non -procuring party harmless from any liabilitythat may arise from action or inaction ofthe procuring party-
8- This agreement shall remain in effect until termination by a party giving30 days written notice to the other party. The provisions of paragraphs 5. 6 arid 7 heteofshall survive
any such termination_
9_ This agreement shall take effect after executionoftheLeadAgencyCertificateorParticipatingPublicAgencyRegistration,asapplicable_
Council Approval via Resolution No. 21-805 pm 03/02/2021
Registered by Thomas Fichtner in 03/2021