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Home My WebLink AboutResolution No. R20-14RESOLUTION NO. R20-14 A RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE MAYOR TO EXECUTE A COOPERATIVE PUCHASING MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LAUREL AND THE MONTANA DEPARTMENT OF ADMINISTRATION TO ALLOW THE PURCHASE SUPPLIES AND SERVICES FROM VENDORS AT STATE PRICES. BE IT RESOLVED by the City Council of the City of Laurel, Montana, Section 1: Approval. The Cooperative Purchasing Memorandum of Understanding ("MOU") between the City of Laurel and the Montana Department of Administration, copy attached hereto, is hereby approved. Section 2: Execution. The Mayor of the City of Laurel is hereby authorized to execute the attached MOU on behalf of the City. Introduced at a regular meeting of the City Council on March 10, 2020, by Council Member Klose. PASSED and APPROVED by the City Council of the City of Laurel, Montana, this 100' day of March 2020. APPROVED by the Mayor this 10th day of March 2020. CITY OF LAUREL mas C. Nelson, Mayor Bethany L v , ity Clerk/Treasurer Approved as to form: C -- Sam S. Painter, Civil City Attorney R20-14 Approve Montana Department of Administration MOU I RITA =I Tl Wel�. z 110KNIZ11111 0111:4 1. This Memorandum of Understanding (MOU) is made and entered into between the Montana Department of Administration, ("STATE") and City of Laurel Montana, a local public procurement unit ("LOCAL UNIT") or tribal procurement unit ("TRIBAL UNIT`) as defined in section 18-4-401, Montana Code Annotated (MCA). Bethany Langve, Clerk/Treasurer, shall represent the LOCAL UNIT or TRIBAL UNIT in working with this Agreement. Meghan Holmlund, of the State Financial Services Division, Department of Administration shall represent the STATE. 2. The purpose of this Memorandum of Understanding is to permit the LOCAL UNIT or TRIBAL UNIT to purchase supplies and services from vendors at the prices, terms, and conditions contained in contracts between the STATE and those vendors. The methods by which the LOCAL UNIT or TRIBAL UNIT may participate in state contracts are through the Requisition Time Schedule for vehicles, Term Contracts, eMACS Marketplace, and Purchase Orders or Contracts established from Invitations for Bid or Requests for Proposal. 3. It is understood and agreed that this Memorandum of Understanding is entered into pursuant to the provisions of sections 18-4-401 through 18-4-407, MCA, and that no separate legal entity is hereby created. In compliance with this MOU, the LOCAL UNIT or TRIBAL UNIT shall indicate how it qualifies as a "Local Public Procurement Unit", as defined by 18-4-401(2), MCA: ❑ COUNTY M CITY OR TOWN ❑ PUBLIC AGENCY ❑ EDUCATIONAL INSTITUTION* ❑ NONPROFIT HEALTH INSTITUTION* ❑ PUBLIC AUTHORITY* ❑ OTHER* * Those organizations that are asserting qualification under these criteria must supply the STATE with written verification that they are currently receiving public funding. Organizations that fail to provide such verification may be rejected. 4. The STATE shall: a. Conduct the procurement in compliance with the Montana Procurement Code, Title 18, (MCA) and the Administrative Rules of Montana (ARM), Title 2, Chapter 5. b. Provide the LOCAL UNIT or TRIBAL UNIT with information on all eligible Term Contracts or Requisition Time Schedule items. All prices, terms, and conditions indicated on the listing are valid for the period stated therein. c. Inform vendors that the LOCAL UNIT or TRIBAL UNIT is an eligible participant in any solicitation intended for cooperative purchasing. d. Determine the specifications for the supplies and services. Revised 07118 5. The LOCAL UNIT or TRIBAL UNIT shall: a. Ensure that all local or tribal procurement requirements have been met prior to participation in a state contract. b. Ensure that purchase orders issued against state contracts are in accordance with the prices, terms, and conditions established in the state contract. c. Make timely payments to the vendor. Payment for supplies, services or taxes and inspection and acceptance of supplies and services ordered by the LOCAL UNIT or TRIBAL UNIT shall be the exclusive obligation of said unit. e. Be responsible for the ordering of supplies or services. The exercise of any rights or remedies by the local public procurement unit or tribal procurement unit shall be the exclusive obligation of such unit; however, the STATE, as the contract administrator and without subjecting itself to any liability, may join in the resolution of any controversy should it so desire. 6. The LOCAL UNIT or TRIBAL UNIT agrees that it will be responsible for all disputes that may arise between it and a vendor. The LOCAL UNIT or TRIBAL UNIT shall hold the STATE harmless from any liability that may arise from its utilization of this cooperative purchasing Memorandum of Understanding. 7. It is understood and agreed that the STATE may, pursuant to section 18-4-406 (3), MCA, charge a management fee for services provided under this Memorandum of Understanding. Such fees will not be assessed unless the LOCAL UNIT or TRIBAL UNIT has been notified. 8. The LOCAL UNIT or TRIBAL UNIT authorizes the Contractor to release any information pertaining to a state contract when requested by the STATE. 9. This Memorandum of Understanding will take effect upon execution by both parties and shall continue until it is terminated by giving 30 days written notice to the other party. •: =s '• II STATE PROCUREMENT BUREAU DEPARTMENT OF ADMINISTRATION DATE 117-m-4 'H - 5. The LOCAL UNIT or TRIBAL UNIT shall: a. Ensure that all local or tribal procurement requirements have been met prior to participation in a state contract. b. Ensure that purchase orders issued against state contracts are in accordance with the prices, terms, and conditions established in the state contract. c. Make timely payments to the vendor. Payment for supplies, services or taxes and inspection and acceptance of supplies and services ordered by the LOCAL UNIT or TRIBAL UNIT shall be the exclusive obligation of said unit. e. Be responsible for the ordering of supplies or services. The exercise of any rights or remedies by the local public procurement unit or tribal procurement unit shall be the exclusive obligation of such unit; however, the STATE, as the contract administrator and without subjecting Itself to any liability, may join in the resolution of any controversy should It so desire. 6. The LOCAL UNIT or TRIBAL UNIT agrees that it will be responsible for all disputes that may arise between it and a vendor. The LOCAL UNIT or TRIBAL UNIT shall hold the STATE harmless from any liability that may arise from its utilization of this cooperative purchasing Memorandum of Understanding. 7. It is understood and agreed that the STATE may, pursuant to section 184406 (3), MCA, charge a management fee for services provided under this Memorandum of Understanding. Such fees will not be assessed unless the LOCAL UNIT or TRIBAL UNIT has been notified. 8. The LOCAL UNIT or TRIBAL UNIT authorizes the Contractor to release any information pertaining to a state contract when requested by the STATE. 9. This Memorandum of Understanding will take effect upon execution by both parties and shall continue until it is terminated by giving 30 days written notice to the other party. Tho rrigs—C Nelson, Mayor FOR THE LOCAL PUBLIC PROCUREMENT UNIT OR TRIBAL PROCUREMENT UNIT STATE PROCUREMENT BUREAU DEPARTMENT OF ADMINISTRATION K //,' /Zozo DATE April 3, 2020 DATE City of Laurel Attention: Bethany Langve 115 W 1st Street PO BOX 10 Laurel, MT 59044 (406) 628-7431 ext 2 cityclerk@laurel.mt.gov This agreement must be signed by a local government or tribal official and returned to: State of Montana State Procurement Bureau cooppurchasing(cD.mt.gov 3