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HomeMy WebLinkAboutResolution - 2013-R0456 - Interlocal Agreement - Region VIII Education Service Center - Coop Purchasing - 12/19/2013RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, an Interlocal Agreement for cooperative purchasing services, by and between the City of Lubbock and Region VIII Education Service Center of Pittsburg,Texas, and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on December 19, 2013 . ATTEST jL^l^^_j£ Rebecca Garza,City Secretary APPROVED AS TO CONTENT: V -4-;te*Mi Loomis,City Manager APPROVED AS TO FORM: "7 Z?*sy Chad Weaver,Assistant City Attorney vwxcdocs/RES.Agrmt-Region VIII Edu December 9,2013 GUWV.ROBERTSON,MAYOR INTERLOCAL AGREEMENT Region VIII Education Service Center TEXAS PUBLIC ENTITY OR LOCAL GOVERNMENT (School, College, University, State, City, County, or Other Political Subdivision) City of Lubbock TEXAS PUBLIC ENTITY .Z--9.9 9 -� R17 Control Number (TIPS will Assign) Schools enter County -District Number Region VIII Education Service Center 225 - 950 Pittsburg, 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 under this agreement are extended to all Texas State, City or County Government Agencies, or any other Local Govemment Entity as defined in the Texas Government Code § 791.003. This Interlocal Agreement (hereinafter the "Agreement') is effective December 19, 2013 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 entity through a Program known as the The Interlocal Purchasing System (TIPS) Program. The purpose of the TIPS Program shall be to obtain substantial savings for participating school entities or public agencies through cooperative purchasing. Role of the TIPS 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. INTERLOCAL AGREEMENT, continued Role of the Public Entity: 1. Commitment to participate in the program by an authorized signature on membership forms. 2. Designation of Primary Contact and Technology Contact for entity. 3. Commitment to purchase products and services from TIPS Vendors when in the best interest of the entity. 4. Prepare purchase orders issued to TIPS Awarded Vendor and FAX to TIPS. 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 Camp 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) Program have entered into an Agreement to provide cooperative purchasing opportunities to public agencies. 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. CITY OF LUBBOC Region VIII Education Service Center By: By:Gut�rr� �s bLin. th rized tignature 6Authorized Signatur MAYOR Title: Date ATTEST.: y Reb t ca Garza, City S cre ary AP VED AS TO CO ENT: Ja s Loomis, City Manager Title: Executive Director Region VIII ESC Date APP1 VED AS TO FORM: Chad Weaver, Assistant City Attorney