HomeMy WebLinkAboutResolution - 2024-R0007 - Interlocal Agreement, Region 16 Education Service Center - 01/09/2024Resolution No. 2024-R0007
Item No. 6.6
January 9, 2024
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City Manager of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock, an Interlocal Contract by and between the
City of Lubbock and Region 16 Education Service Center for cooperative purchasing of goods
and services, and related documents. Said Contract is attached hereto and incorporated in this
resolution as if fully set forth herein and shall be included in the minutes of the Council.
Passed by the City Council this January 9, 2024.
�
TRAY P NE, MAYOR
AT` EST:
Cou ney Paz, City Secr ry
APPROVED AS TO CONTENT:
lu Ko lich, Chie ' Officer
APPROVED AS TO FORM:
elli Leisure, Senior Assistant City Attorney
RES.Interlocal Contract-Region 16 ESC coop agreement
I 2.15.23
Resolution No. 2024-R0007
�NTERLOCAL AGREEMENT
for Participation in the
Region 16 ESC Statewide Cooperative Purchasing Program
Contracting Parties:
Ci .ty of Lubbock
.�I. ►i�
Region 16 Education Service Center
Texas Education Code §8.002 charges regional education service centers to provide
services to enable school districts to operate more efficiently and economically. In order
to increase the efficiency and effectiveness of purchasing operations, the Region 16
Education Service Center ("ESC 16") and � Citv of Lubbock ithe "Entity"), collectively
referred to as "the Parties," enter into this Interlocal Agreement.
I. Creation of the Cooperative Purchasing Program
ESC 16, by this Agreement, agrees to serve as the sponsoring entity of a
cooperative purchasing program (the "Program") in conjunction with the above-named
Entity and any other entity lega(ly entitled to enter into the Program, which
executes a similar agreement. The purpose of the Program shall be to obtain
substantial savings for participating school districts and other governmental entities
through executions of economies of scale and through seeking vendors on a
regional, state, and nationwide basis.
II. Authority
Authority for the services provided under this Interlocal Agreement is granted under
Government Code, Chapter 791, Subchapters A, B, and C; and Loca( Government Code,
Chapter 271, Subchapter F, §§ 271.1O1 and 271.102.
III. Termination
This Interlocal Agreement (hereinafter the "Agreement") is effective upon final execution
by ESC 16 and shall automatically renew annually 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 terminated
for cause at anytime upon written notice stating the reason for the termination and
the effective date of such termination; however, the terminating party agrees to give
the
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affected party a thirty (30) day period to cure any identi�ed breach. The terminating
party further agrees to make any required payment to a vendor incurred during the time
the party was a member of the Program.
IV. Duties and Roles
A. Role of the ESC 16 as Program Sponsor:
(1) Provide for the organizational and administrative structure of the Program
as Program Sponsor, by either using internal assets or through contracting
with a third party to provide such matters.
(2) Provide staff time necessary for effcient operation of the Program.
(3) Provide for the initiation and implementation of activities related to the
bidding and vendors selection process.
(4) Provide members with procedures for ordering, delivery, and billing of
goods and services available through the Program.
B. Role of the Entity:
(1) Commit to participate in the Program by taking all action necessary to
authorize the execution of this agreement in the appropriate space below.
(2) Designate a contact person for the Program who will act under the
direction of and on behalf of the Entity.
(3) Commit to purchase products and services that become part of the official
products and services list when it is in the best interest of the member
Entity.
(4) Prepare purchase orders issued to the appropriate vendor from the official
award list provided by the Program.
(5) Accept shipments of products ordered from vendors in accordance with
standard purchasing procedures.
(6) Pay vendors in a timely manner for all goods and services received.
(7) Pursue any disputes regarding the quality or quantity of a vendor's goods
and/or services directly with that vendor.
V. General Provisions
A. The Parties agree to comply fully with all applicable federal, state, and local
statutes, ordinances, rules, and regulations in connection with the Program
contemplated under this Agreement. This Agreement is subject to all applicable
present and future valid laws governing such Program.
B. This Agreement shall be governed by the law of the State of Texas and the Parties
agree that venue shall be in the county in which the central administrative offices
of ESC 16 are located.
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C. 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.
D. 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 shal( remain in full force and effect.
E. 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.
F. The Parties agree that payments made through this Agreement fairly compensate
the performing party for any services or functions performed.
G. 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.
H. Nothing contained in this agreement prohibits a Party from either creating other
purchasing cooperatives or participating as a member of other purchasing
cooperatives.
I. 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 or e-mail and the terms and conditions agreed to by such
means are binding upon the Parties.
VI. Authorization
ESC 16 and the Entity have entered into this Agreement to provide cooperative
purchasing opportunities to public schools and other governmental entities and the
governing boards of such entities delegate to the superintendent or chief executive
officer of the Entity the discretion to determine that making purchases through the
program provides the best value to the Entity.
This Agreement was approved by the governing boards of the respective Parties at
meetings that were posted and held in accordance with state law, including Chapter 551
of the Texas Government Code, commonly known as the Texas Open Meetings Act.
VII. Non-Discrimination Clause
It is the policy of ESC 16 and the Entity not to discriminate on the basis of age, race,
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religion, color, national origin, sex, or handicap in its programs, services, or activities as
required by Title VI of the Civil Rights Act of 1964, as amended; Title IX of the
Education Amendments of 1972; and Section 504 of the Rehabilitation Act of 1973, as
amended.
The individuals signing below are authorized to do so by the respective parties to this Agreement.
City of Lubbock
By:
Tray yne
Mayor
ESC 16
By:
Authorized Signature
CHIEF FINANCIAL OFFICER
Title
Date
ATTEST:
Courtney Paz
City Secretary
1314 Avenue K
Lubbock, Texas 79401
806-775-3000
tpayne@mylubbock.us
APPROVED AS TO CONTENT:
D. os ich, Chief Financial Officer
A PROVED S TO FORM:
�.
elli Leisure, Senior Assistant City Attorney
Date
ANDREW PICKENS
ESC 16 Contact Person
DIRECTOR OF PURCHASING
Title of Contact
5800 BELL STREET
Street Address
AMARILLO, TX 79109
City, State Zip
806-677-5040
Contact's Telephone Number
a n d rew. picken s(a�es c 16. n et
E-mail Address
Please send two signed original Interlocal Agreements to Region 16 ESC, Attn: Andrew Pickens,
Director of Purchasing, 5800 Bell Street, Amarillo, TX 79109-6230. Upon execution, a signed
original will be returned to the Entity Contact Person listed above.
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