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HomeMy WebLinkAboutPR 16834: INTERLOCAL AGREEMENT WITH REGION VIII SERVICE CENTER FOR PARTICIPATION IN THE INTERLOCAL PURCHASING SYSTEM Memorandum City of Port Arthur, Texas Purchasing Division TO: Stephen Fitzgibbons, City Manager FROM: Shawna Tubbs, Purchasing Manager DATE: January 6, 2012 SUBJECT: Proposed Resolution No. 16834 The Purchasing Division recommends the City Council authorize the City Manager to enter into a Cooperative Purchasing Interlocal Agreement with the Region VIII Education Service Center for participation in the Interlocal Purchasing System (TIPS /TAPS) Program. P.R. No. 16834 12/29/11 CEWJ • RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE REGION VIII SERVICE CENTER FOR PARTICIPATION IN THE INTERLOCAL PURCHASING SYSTEM (TIPS/TAPS) PROGRAM WHEREAS, the City of Port Arthur has determined a need for a cooperative agreement to purchase like goods and services to avoid duplicate procurement efforts and obtain the benefits of volume purchase; and WHEREAS, the City Council of the City of Port Arthur, Texas has the authority granted by Texas Government Code Section 791.0001, et seq desires to participate in the TIPS /TPS Cooperative Purchasing Program offered by Region VIII Education Service Center; and WHEREAS, it is deemed in the best interest of the City to enter into an interlocal agreement with Region VIII Education Service Center in substantially the same form as attached hereto as Exhibit "A ". NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City of Port Arthur requests a stated need for participation in the Interlocal Purchasing System (TIPS /TAPS) whereby the City Manager is authorized and directed to sign and deliver any and all necessary requests and documents in connection therewith for and on behalf of the City of Port Arthur. Section 3. That a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED, AND APPROVED, this day of , 2012, A.D. at a Regular meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor: Council Members: NOES: Mayor ATTEST: Sherri Bellard, Acting City Secretary APPROVED TO FORM: APPROVED FOR ADMINISTRATION: Val Tizeno, City ttorney Stephen B. Fitzgibbons, City Manager Shawna Tubbs, CPPO, CPPB Purchasing Manager EXHIBIT "A" INTERLOCAL AGREEMENT Region VIII Education Service Center TEXAS PUBLIC AGENCY (School, College, University, State, City or County Office) TEXAS SCHOOL ENTITY OR PUBLIC AGENCY Control Number (TIPS will Assign) Schools enter County- District Number Region VIII Education Service Center 225 - 950 Mt. Pleasant, Texas County- District Number Texas Education Code §8.002 permits regional education service centers, at the direction of the Commissioner of Education, to provide services to assist school districts, colleges and universities in improving student performance and increasing the efficiency and effectiveness of school, college and university operations. Authority for such services is granted under Texas Government Code §§ 791.001 et seq as amended. Cooperative Purchasing Services are extended to all Texas State, City and County Government Agencies. This Interlocal Agreement (hereinafter the "Agreement ") is effective and shall be automatically renewed unless either party gives sixty (60) days prior written notice of non - renewal. This Agreement may be terminated without cause by either party upon (60) days prior written notice, or may also be determined for cause at anytime upon written notice stating the reason for and effective date of such terminations and after giving the affected party a thirty (30) day period to cure any breach. Statement of Services to be Performed: Region VIII Education Service Center, by this Agreement, agrees to provide cooperative purchasing services to the above -named public agency through a Program known as the The Interlocal Purchasing System (TIPS/TAPS) Program. The purpose of the TIPS/TAPS Program shall be to obtain substantial savings for participating school entities or public agencies through cooperative purchasing. Role of the TIPS /TAPS Purchasing Cooperative: 1. Provide for the organizational and administrative structure of the program. 2. Provide staff necessary for efficient operation of the program. 3. Provide marketing of the program to expand membership, number of vendor awarded contracts and commodity categories. 4. Initiate and implement activities required for competitive bidding and vendor award process including posting, advertising, collecting proposals, scoring proposals, and award of contracts. 5. Provide members with procedures for ordering, delivery, and billing. 6. Maintain filing system for all bidding procedure requirements. Page 2 of 3 INTERLOCAL AGREEMENT, continued Role of the Public Agency: 1. Commitment to participate in the program by an authorized signature on membership forms. 2. Designation of Primary Contact and Technology Contact for agency. 3. Commitment to purchase products and services from TIPS/TAPS Vendors when in the best interest of the agency. 4. Prepare purchase orders issued to TIPS/TAPS Awarded Vendor and FAX to TIPS/TAPS. 5. Accept shipments of products ordered from Awarded Vendors in accordance with standard purchasing procedures. 6. Pay Awarded Vendors in a timely manner for all goods and services received. General Provisions: The Parties agree to comply fully with all applicable federal, state, and local statutes, ordinances, rules, and regulations in connection with the programs contemplated under this Agreement. This Agreement is subject to all applicable present and future valid laws governing such programs. This Agreement shall be governed by the law of the State of Texas and venue shall be in the county in which the administrative offices of RESC VIII are located which is Titus County, Texas. This Agreement contains the entire agreement of the Parties hereto with respect to the matters covered by its terms, and it may not be modified in any manner without the express written consent of the Parties. If any term(s) or provision(s) of this Agreement are held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions of this Agreement shall remain in full force and effect The Parties to this Agreement expressly acknowledge and agree that all monies paid pursuant to this Agreement shall be paid from budgeted available funds for the current fiscal year of each such entity. Before any party may resort to litigation, any claims, disputes or other matters in question between the Parties to this Agreement shall be submitted to nonbinding mediation No Party to this Agreement waives or relinquishes any immunity or defense on behalf of themselves, their directors, officers, employees, and agents as a result of its execution of this Agreement and performance of the functions and obligations described herein. This Agreement may be negotiated and transmitted between the Parties by means of a facsimile machine and the terms and conditions agreed to are binding upon the Parties. Authorization: Region VIII Education Service Center and The Interlocal Purchasing System (TIPS/TAPS) Program have entered into an Agreement to provide cooperative purchasing opportunities to public agencies. Page 3 of 3 INTERLOCAL AGREEMENT, continued This Agreement was approved by the governing boards of the respective parties at meetings that were posted and held in accordance with the Texas Open Meetings Act, Texas Government Code ch. 551. The individuals signing below are authorized to do so by the respective parties to this Agreement. Public Agency Region VIII Education Service Center By: By: Authorized Signature Authorized Signature Title: Title: Executive Director Region VIII ESC Date Date Public Agency Contact Information Primary Purchasing Person Name Street Address City, State Zip Telephone Number Fax Number Primary Person Email Address Technology Person Name Technology Person Email Address Please send two signed original Interlocal Agreements and one copy of Board Resolution (if required) to TIPS /TAPS, Attn: Kim Thompson, C/O Region VIII Education Service Center, PO Box 1894, Mt. Pleasant, Texas 75456 -1894. Upon execution, a signed original will be returned to the Purchasing Contact listed above. BOARD RESOLUTION (This document is only required if the School District, College, University, City, County or State Office has a governing board of directors that gives authority to a person to sign Interlocal Agreements on behalf of the agency. Otherwise, disregard this Resolution.) STATE OF TEXAS FOR: THE REGION VIII EDUCATION SERVICE CENTER WHEREAS, the Board of Directors of , ,Texas, (Named Public Agency) (City) pursuant to the authority granted by TEX. GOV'T CODE § 791.001, et seq, desires to participate in the TIPS /TPS Cooperative Purchasing Program offered by Region VIII Education Service Center, and in the Opinion that participating in this program will be highly beneficial to the taxpayers through the anticipated savings to be realized. Herefore, be it RESOLVED that the requests a stated need for participation (Named Public Agency) in The Interlocal Purchasing System (TIPS /TAPS) whereby (Name of Authorized Person) is authorized and directed to sign and deliver any and all necessary requests and documents in connection therewith for and on behalf of (Named Public Agency) I certify that the foregoing is a true and correct original Resolution duly adopted by the and is filed on record at the TIPS /TAPS office. (Named Public Agency) In witness thereof, I have set my hand and signature this day of , 20 . By: (Authorized Signature) (Printed Authorized Name) (Title) This legal document will remain current on file until either party severs the agreement.