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2000-13C6 q RESOLUTION NO. 2000- 13 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT FOR COOPERATIVE PURCHASING WITH LAKE COUNTY WHEREAS, the Illinois Governmental Joint Purchasing Act (30 ILCS 525/1 et. ceq.) authorizes governmental units to jointly purchase personal property and supplies by agreement with other governmental units; and, WHEREAS, the Lake County Purchasing Ordinance provides that Lake County may enter into cooperative purchasing agreements with other public procurement units by agreement between the participants; and, WHEREAS, each governmental unit will be responsible for its proportionate share of the cost of the personal property, supplies or services so purchased; and, WHEREAS, the Lake County now intends to implement a cooperative purchasing program with other governmental units under said state law and County ordinance. NOW, THEREFORE. BE IT RESOLVED, BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, that the Village Manager is authorized to execute a cooperative purchasing contract with Lake County. (A copy of said cooperative purchasing contract is attached hereto and made a part hereof.) AYES: 5 - Marienthal, Braiman, Hendricks. Glover, Berman NAPES: 0 - None ABSENT: 1 - Reid PASSED: March 20 52000 APPROVED: March 20 52000 Approved: - ZA6201e' ��� Village President Attest: Vil age Clerk G:\PWDIRGRP\LHCxLAKECTY\resOO.doc This Agreement by and between Lake County, a body politic and corporate, hereinafter Village of Buffalo Grove referred to as the "COUNTY ", and the , a municipal corporation, hereinafter referred to as the "CONTRACTOR." WHEREAS, the Illinois Governmental Joint Purchasing Act (30 ILCS 525/1 et seq.) authorizes governmental units to jointly purchase personnel, property, and supplies by agreement with other governmental units; and WHEREAS, the Lake County Purchasing Ordinance provides that Lake County may enter into cooperative purchasing agreements with other public procurement units by agreement between the participants; and WHEREAS, Lake County now intends to implement a cooperative purchasing program with other governmental units under said state law and the County ordinance wherein each governmental unit will be responsible for its proportionate share of the cost of the personal property, supplies or services so purchased; WHEREAS, the CONTRACTOR is desirous of contracting with the COUNTY to participate in such a Cooperative Purchasing program; and WHEREAS, the COUNTY and CONTRACTOR are authorized by state statute to enter into intergovernmental agreements, ventures and undertakings, to perform jointly any governmental purpose, or undertaking, either of them could do singularly. NOW, THEREFORE, in consideration of the foregoing and the covenants contained herein, the parties hereby agree that CONTRACTOR shall be allowed to participate in the COUNTY'S Cooperative Purchasing Program subject to the following terms and conditions: 1. CONTRACTOR is hereby authorized to purchase goods and/or services pursuant to the COUNTY'S contract with vendor for the purchase of said goods and/or services under the same terms and conditions contained in the COUNTY'S contract.. 2. COUNTY'S vendor for such goods and/or services has authorized the COti'TRACTOR to purchase of goods and/or services pursuant to the COUNTY'S contract with vendor. 3. CONTRACTOR shall place orders for goods and/or services directly with the Vendor, pursuant to the terms and conditions of the COUNTY'S agreement with the vendor. Payment for said goods and/or services shall be made directly to the vendor by the CONTRACTOR. Neither the CONTRACTOR'S nor the vendor's failure to satisfy its obligations hereunder shall create any charges or claims for damages against the COUNTY. 4. The CONTRACTOR agrees to defend itself in any actions or disputes brought against the CONTRACTOR in connection with or as the result of this Agreement and agrees to defend, indemnify and hold the COUNTY harmless and free Eom liability of any kind whatsoever resulting from the acts or conduct of the CONTRACTOR, it's agents or representatives or employees in the performance of this Agreement or in the furtherance thereof. M 5. The term of this Agreement shall be for a period of five years, provided however, that either party shall have an absolute right to terminate this Agreement upon thirty (30) days «Titten notice to the other. 2 6. The CONTRACTOR may accept the terms and conditions of this agreement only by Resolution or Ordinance duly adopted by its legally recognized governing body or board. 7. This Agreement may be amended by mutual written agreement, signed and executed with the same formality with which this instrument %vas executed. 8. This Agreement shall be governed by the law of the State of Illinois and venue for any dispute arising out of this Agreement shall be exclusively found in the 19th Judicial Circuit of Illinois. 9. The provisions of this Agreement are for the sole benefit of the COUNTY and the CONTRACTOR, and neither this Agreement nor any service rendered hereunder shall give rise to, or shall be deemed to or constructed so as to confer, any right, claim or cause of action of any other party as a third party beneficiary or otherwise. 10. This Agreement may not be assigned, sublet or contracted out ,%t ::hout the approval of the COUNTY. 11. Failure of either party to insist upon strict performance of any of the covenants or conditions of this Agreement shall not be construed as a waiver or relinquishment of any of the covenants or conditions contained herein, but the same shall remain in full force and effect. 12. The foregoing constitutes the entire Agreement between the parrs. IN WITNESS WHEREOF, Lake County by a Resolution duly adopted by the County Board of Lake County causes this Agreement to be signed by its Chairman M attested to by its Clerk, and the CONTRACTOR by order of its Board has caused this Agreement to be executed and attested by the appropriate officials, all on the day and year hereafter written. LAKE COUNTY _ Date: By: James LaBelle, Chair Lake County Board Attest: Willard R. Helander County Clerk CONTRACTOR: V1114 e of Buff o Date: By: ' William R. Balling Title: Village Manager Attest: Village Clerk 4