High Plains Regional Education Cooperative #3
101 North Second Street
Raton, NM 87740
COOPERATIVE PURCHASING AGREEMENT
Pursuant to the Cooperative Procurement Authorized provision of the New Mexico Procurement Code, § 13-1-135 NMSA 1978 and the School District Procurement Rules, 6.20.2.17 NMAC, this agreement is entered into between the Board of Education of Gadsden Independent School District (Member) and the Cooperative Purchasing Network (TCPN).
RECITALS
WHEREAS, the High Plains Regional Education Cooperative #3 Executive Director has established a service program to provide procurement services to local school districts, as authorized by § 13-1-135 NMSA 1978, known as The Cooperative Purchasing Network; and
WHEREAS, school districts may join together with other public procurement units in a cooperative purchasing agreement; and
WHEREAS, the governing body of the Member has determined that entering into a cooperative purchasing agreement will reduce procurement costs and make the most effective and efficient use of public resources,
NOW, THEREFORE, in consideration of the mutual covenants herein, the parties agree as follows:
A. TCPN will:
1. Provide the organization and administrative structure for the cooperative purchasing program.
2. Provide staff time necessary for efficient and effective operation of the cooperative purchasing program.
3. Implement the solicitation of bids and proposals and the vendor selection process.
4. Develop procedures for ordering, delivery, and billing.
5. Procure all materials and services to be available under this Agreement in full accordance with the requirements of the New Mexico Procurement Code (§§ 13-1-44, 13-1-56, 13-1-135) and the School District Procurement Rules (6.20.2.17 NMAC).
6. Inform prospective suppliers of materials and services that TCPN has solicited bids through a cooperative purchasing agreement, and that the offer may be accepted by any of its Members.
7. Advocate on behalf of the Members to attempt to informally resolve any conflict with a vendor prior to use of the dispute resolution procedures within the applicable procurement rules.
B. THE MEMBER will:
1. Designate a contact person for the cooperative purchasing program.
2. Prepare purchase orders issued to vendors from the official award list provided by TCPN.
3. Be responsible for inspection, acceptance, and payment for materials and services ordered through TCPN.
4. Be solely responsible for exercising any rights or remedies under Member’s agreement with a vendor.
C. GENERAL TERMS:
1. The failure of a Member to secure performance from a vendor in accordance with the terms of its contract neither obligates nor prevents any other member from exercising its rights or remedies under their contracts with the same vendor.
2. This Agreement may be terminated by either party a. without notice in the event the other party fails to comply with the terms of the Agreement. b. without cause upon sixty (60) days prior written notice.
3. Termination of this Agreement shall not terminate any contract between the Member and a vendor that was entered into through TCPN.
4. Member retains the right to purchase goods and services through any other available source, including other cooperative purchasing agreements.
5. This Agreement may be cancelled for a conflict of interest pursuant to any provision in state or federal law.
6. This Agreement shall be effective for a term of five (5) years from it’s signature by both parties, provided that it may be terminated earlier as provided in C.2 above.
7. Each party certifies that the person signing this Agreement is duly authorized to do so and to create a contract binding on the Member.
8. The parties to this Agreement may have the option of choosing an attorney with their County Attorney’s Office to act as their attorney for the purpose of reviewing this Agreement. In so doing, by their signature below, the parties acknowledge and specifically waive any possible conflict of interest that may exist by virtue of that office’s representation of other parties to this Agreement.
IN WITNESS WHEREOF, the parties enter into this agreement of the dates shown below.
The Board of Education of
Gadsden Independent School District High Plains Regional Education Cooperative
By: By:
Authorized Signature Authorized Signature
Title: Title:
Date: Date:
Contact Person/Title: Contact Person/Title
Pamela S. Wright, Purchasing Agent
Street Address: Street Address:
P. O. Drawer 70, 1325 West Washington 101 North Second Street
Anthony, New Mexico Raton, New Mexico 87740
Contact’s Telephone Number: Contact’s Telephone Number:
(505) 882-6244 (505) 445-7090
Contact’s Email Address: Contact’s Email Address: