INTERMUNICIPAL COOPERATION AGREEMENT
between
the Organizing Local Governments
of the
Hudson Valley Municipal Purchasing Group
This Agreement dated the 10th day of September, 2002, and executed by and among the County of Dutchess, County of Rockland, County of Ulster, the City of New Rochelle and the Town of Cortland, (collectively referred to as the "Organizing Local Governments"), and any other local government of the State of New York that becomes a party hereto (who, together with the Organizing Local Governments, shall be collectively referred to as the "Hudson Valley Municipal Purchasing Group" or "HVMPG") and do hereby organize and create the Hudson Valley Municipal Purchasing Group, in accordance with section 119-o of the New York State General Municipal Law, and in accordance with these recitals:

WITNESSETH

WHEREAS, the Organizing Local Governments wish to create, in accordance with applicable New York Law, a purchasing cooperative to serve all participating Hudson Valley local governments through the creation of a purchasing cooperative to operate and maintain a Regional Bid Notification and E-Procurement System, and assist HVMPG members in compliance with state bidding requirements, in identifying qualified vendors of commodities, goods and services, and to realize the various potential economies, including administrative cost savings, and

WHEREAS, the Organizing Local Governments, are acting in accordance with section 119-o of the New York State General Municipal Law, to cooperatively create the HVMPG for the purpose of fulfilling their respective public and governmental purposes, needs, objective and programs, and

WHEREAS, the Organizing Local Governments have additionally determined that other local governments qualified to do so should be permitted to join with them through execution of an addendum to this Intermunicipal Cooperation Agreement (hereinafter referred to as the "Agreement"), in order to fulfill their own respective public purposes by participation in the HVMPG;

NOW, THEREFORE, the Organizing Local Governments and such additional local governments as assent hereto, have agreed, and hereby do agree upon the following terms and conditions, to participate in the HVMPG:

Article 1. Purposes of HVMPG

1.1  The Organizing Local Governments hereby agree to create the HVMPG for their benefit and for the benefit of the other HVMPG members.

1.2 The HVMPG shall be administered in accordance with and subject to the terms of this Agreement, its Bylaws, and other documents necessary to implement and carry out the purpose of the HVMPG.

1.3 The purpose of the HVMPG is to obtain the benefits and efficiencies that can accrue to HVMPG Members by cooperating in the development of a concerted effort to operate and maintain a Regional Bid Notification and E-Procurement System, assist HVMPG members in compliance with state bidding requirements, in identifying qualified vendors of commodities, goods and services, and to realize the various potential economies, including administrative cost savings for HVMPG members.

Article 2. Governance

2.1 The HVMPG shall be governed and managed by its Board in accordance with the Bylaws of the HVMPG.

Article 3. Powers and Duties

3.1 The Organizing Local Governments and other HVMPG Members designate the HVMPG as their purchasing cooperative to administer the various programs selected by HVMPG members.

3.2 The Organizing Local Governments hereby authorize the initial Board to adopt the HVMPG Bylaws.

Article 4. Obligations of HVMPG Members

4.1 No HVMPG Member shall ever be liable to pay or be responsible for payment of any sum of money to the HVMPG or to any other HVMPG Member or to any other person by execution of this agreement.

4.2 My obligation of a HVMPG member to pay any money to HVMPG under this Agreement shall arise only under the terms and provisions of a separate contract, agreement, or instrument that has been formally and specifically approved by the governing body of the HVMPG Member, and which specifically states the purpose, terms, rights, and duties of the contracting parties.

Article 5. Additional Parties

5.1 Any local government [or political subdivision] as defined in New York State General Municipal Law may become a party to this agreement by the execution of resolution by their governing body adopting this Agreement and electing to become a HVMPG member.


Article 6. Term

6.1 The term of this Agreement shall be for one (1) year from the date hereof and shall automatically be renewed on each anniversary of the commencement date.

Article 7. Authorization of Participation

7.1 Each HVMPG Member represents and warrants that its governing body has duly authorized it participation in the HVMPG in accordance with section 119-0 of the General Municipal Law.

Article 8. Compensation

8.2 The parties agree that the contractual payment, if any, under this agreement are amounts that fairly compensate the respective parties for the services or functions performed under this agreement.

Article 9. Execution and Delivery

9.1 By the execution and delivery of this Agreement, the undersigned individual(s) warrant that s/he/they are/have been duly authorized by all requisite administrative action required to enter into and perform the terms of this Agreement.

9.2 This Agreement is being executed by the Organizing Local Governments as separate agreements and at separate times, each of which shall be considered collectively as an original complete copy of the Agreement, as if each Organizing Local Government had executed the same copy.

EXECUTED AND DELIVERED by and between the Organizing Local Governments and all local governments which subsequently elect to become HVMPG members, as of the effective date of this Agreement.
County of Rockland
PARTICIPATING ENTITY


By:
C. SCOTT VANDERHOEF
COUNTY EXECUTIVE

STATE OF NEW YORK )
ss.:
COUNTY OF ROCKLAND)
On the 10th day of September, 2002, before me came C. Scott Vanderhoef, to me known, being duly sworn by me, did depose and say that he is the County Executive of Rockland County, a municipal corporation; his office address is 11 New Hempstead Road, New City, New York, and he executes the foregoing instrument on behalf of the County of Rockland
(notary public)
ATTESTATION:

As Clerk to the Legislature, I hereby attest that I know the seal of the Legislature of Rockland County, and that the seal affixed to this instrument is such seal.


Laurence O. Toole
Clerk to the Legislature

SHARED MUNICIPAL SERVICES INCENTIVE GRANT APPLICATION INTERMUNICIPAL AGREEMENTS

Statewide County Contract Data Base and Cooperative Purchasing Collaboration Tool

Included with this grant application is a copy of the Intermunicipal Cooperation Agreement for the Hudson Valley Municipal Purchasing Group. A similar Intermunicipal Cooperation Agreement will be required for each County that will utilize the County Contract Database. This Intermunicipal Agreement will define the purpose of the County Contract Database, establish governance, establish bylaws for the operation of the database, and will determine any fees to be charged.

In addition, local governments that wish to participate in cooperative bids, using the Cooperative Bidding Collaboration Tool will need to enter into an Intermunicipal Agreement on a regional basis for the purpose or participating in cooperative bids.