~ INTERGOVERNMENTAL AGREEMENT ESTABLISHING NORTHEAST ALABAMA PURCHASING ASSOCIATION

 

This Agreement made as of ___________________,  between the City of Gadsden, Alabama, and such other public bodies located within Etowah County and adjoining counties of Alabama as choose to be governed by the provisions of the Northeast Alabama Purchasing Association as hereinafter set forth.

 

            WITNESSETH:

 

            In consideration of the premises and the mutual covenants and agreements provided herein, and pursuant to the authority granted by the general provisions of the public contracts law of the State of Alabama (1975 Code of Alabama, §§  41-16-50), the parties agree as follows:

 

            SECTION 1

 

            The Northeast Alabama  Purchasing Association (the “Association”) is established for the purpose of coordinating cooperative joint purchases for the mutual economic advantage of its members.  The Association shall consist of a representative from each public entity participating in this Agreement.  The Association may adopt such rules for organization and procedure, as it may deem suitable for the conduct of its business.

 

            SECTION 2

 

The Association shall be governed by an Advisory Board chosen by the chief executive officer of each participating county commission, the mayor of each participating city or the chief executive officer of any other public entity participating in the Association , or their designees.   

Each participating unit of government shall select one Advisory Board representative and it is recognized that a person with responsibility for and familiarity with the purchasing process would be the most appropriate representative.  Each representative on the Advisory Board shall have one vote in any matter considered by the Advisory Board.  All matters requiring a vote shall be passed by a majority of the members present at such meetings.

 

            SECTION 3

 

            The parties to this Agreement will identify through their representative on the Advisory Board those items and classes of items for which joint purchase may be advantageous for the period commencing with the execution of this Agreement and continuing until their membership terminates.

 

 

 

            SECTION 4

 

            The specifications for items to be purchased will be prepared by the Purchasing Office of the Finance Department of the City of Gadsden (“Gadsden Purchasing”) for use by all members of the Association.  Where feasible, Gadsden Purchasing shall seek input from the other participants to ensure that said specifications meet the broadest range of needs.  Each participating government shall identify the items to be jointly purchased and indicate the quantities, or range of quantity desired, the location for delivery and other requirements, to permit the preparation and filing of plans and specifications as provided by law.  In all cases where appropriate, the Association shall seek to use standard specifications such as those used by the State of Alabama, the National Institute of Governmental Purchasing, the American Society of Testing and Materials, and other appropriate standards.

           

SECTION 5

 

            Gadsden Purchasing shall act as the lead jurisdiction for the Association and will assume the responsibility for coordinating and advertising for bids on behalf of the other members of the Association participating in a particular joint purchase.  As such, Gadsden Purchasing shall be designated to receive and open bids on behalf of the other participating governments at the time and in the manner provided by law.

 

            SECTION 6

 

            Gadsden Purchasing will receive responses to all bids.  Not later than fifteen (15) days following the receipt of bids, Gadsden Purchasing will submit to all participating members by electronic mail a complete tabulation of all bids received and a recommendation as to the lowest responsible bidder.

            If Gadsden Purchasing determines that the lowest bidder is not responsible and accordingly certifies that some other bidder has the lowest responsible bid, it will include an explanation and report on its findings along with the tabulation and recommendation.

A list of active contracts will be posted for member review on the City of Gadsden Website with contract copies available by electronic mail from the Association Coordinator.

 

            SECTION 7

 

            Contracts of purchase will be awarded to the lowest responsible bidder as recommended by Gadsden Purchasing in consultation with its fellow members, except as provided for herein.  Each party to this Agreement shall prepare separate and individual contracts and requisitions when providing for procurement of items coordinated through and in accordance with any recommendation by Gadsden Purchasing.

 

           

 

SECTION 8

 

Each individual member may reserve the right to disregard the recommendation

of Gadsden Purchasing as to the lowest responsible bid in favor of applying its local preference zone resident bidder privilege pursuant to the public contract law of the State of Alabama (1975 Code of Alabama, §41-16-50(a)).

Each member jurisdiction may reserve the right to utilize specifications and bids

prepared through the Association and to award contracts of purchase, individually and on its own behalf; provided, however, that invitations for such individual bids are not advertised, nor are awarded within sixty (60) days of the period in which Gadsden Purchasing is soliciting and awarding bids for the same products and/or services, except in cases of emergency affecting the public health, safety or convenience pursuant to the public contract law of the State of Alabama (1975 Code of Alabama §41-16-53).

           

            SECTION 9

 

            Gadsden Purchasing will not assume any financial or contractual obligation for any commodities, materials, and/or services for which Gadsden Purchasing coordinates the bidding on behalf of the Association.  Each participating government assumes sole and complete responsibility for its own procurement, delivery, storage, and payment, and will not impose or accept any additional obligations on either Gadsden Purchasing or any other member of the Association relating to those responsibilities, either by way of this Agreement or by stipulating to its provisions.

 

            SECTION 10

 

            Any dispute arising between any of the parties hereto and a successful bidder not relating to either the validity of the award or contract of purchase or contract of service, or the rejection of any bid or bids will be settled by and at the cost of that party involved in the dispute and without obligation or responsibility on the part of Gadsden Purchasing, the Association, or the other member jurisdictions.

 

SECTION 11

            In the interest of the success of the Association, those founding parties initially stipulating to this Agreement will be required to remain as members of the Association for a period of not less than two years from the date of inception. Any new member thereafter will be required to remain as a member of the Association for a period of not less than two years from the date its membership is recognized and approved by the Advisory Board.

 

           

 

SECTION 12

 

            Any jurisdiction that wishes to terminate its membership in the Association may do so by indicating the same in writing to the Coordinator.  Members may exercise this option only at the end of each fiscal year of the Association.  Likewise, membership in the Association will be terminated automatically upon legal dissolution of any participating entity.  However, under no circumstances will any existing or dissolved jurisdiction be entitled to reimbursement of fees or other funds previously expended for the establishment, operation, or maintenance of the Association.

 

            SECTION 13

 

            To facilitate the success of the Association, the City of Gadsden agrees to designate an employee who will have primary responsibility for contract design and coordination with the other member governments. This employee will serve on the Advisory Board in addition to the Gadsden representative, to assist the Board Coordinator. Any expense for these personnel for this work will be divided among the participating governments.  The participating members reserve the right to assess themselves, in proportion to their contribution, based on a fee and formula to be determined on an annual basis by the Advisory Board.

            The Advisory Board shall promulgate rules, regulations, and/or bylaws in accordance with the laws of the State of Alabama, for the operation and maintenance of the Association, including but not limited to, the determination of the above-mentioned assessment.

 

            SECTION 14

 

            The members of the Association shall have the power, pursuant to laws of the State of Alabama (Code of Alabama § 41-16-50), to jointly contract with consultants and other such resources as is deemed necessary to provide services authorized by law for the development and realization of the Association’s objectives.

 

            SECTION 15

 

            This Agreement will take effect upon execution by the signatories.  Thereafter, additional public entities within Etowah County and adjoining counties of Alabama may elect to join the Association by executing this Agreement in the form prescribed by the Advisory Board, and such execution will not require re-execution of this Agreement by any party previously agreeing to its provisions.

 

 

            IN WITNESS WHEREOF, the parties hereto, having obtained the full consent of their governing bodies, have caused this Agreement to be executed by their duly authorized officers as of the day and year written above.

           

 

CITY of ____________________,

 

 

By: _________________________                            Adopted on ______________________

           

 

By: _________________________

           

 

By: ____________________________                 By: __________________________

NEAPA Chairperson                                                    NEAPA Secretary

 

 

F:\B-Legal\Boards\Northeast Alabama Purchasing Association\Intergovernmental Agreement.doc