Harris County Department of Education - HCDE-4551-Award/Ordinance/Pricing
•
ORDINANCE NO. 2010-190
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
I MENT INTERLOCAL COOPERATIVE PURCHASING ION PROGRAM HAMS COUNTY, TEXAS
HARRIS COUNTY DEPARTMENT' OF EDUCAT AUTH UNDER SECTION 271.102 OF THE LOCAL GOVERNMENT CODE, OFO E UCATON
PARTICIPATION IN VARIOUS HARRIS COUNTY
CONTRACTS FOR THE PURCHASE OF DS TIOEREFOROAND DECLARING AN I
AUTHORIZING THE EXPENDITURE OF FUN
EFFECTIVE DATE (FILE 4551-INTERLOCAL AGREEMENT WITH HARRIS COUNTY
DEPARTMENT OF EDUCATION).
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: the SECTION 1. The City Manager, or his d71eg~ With he HarrstCountyd Department of
Interlocal Cooperative Purchasing Program Agree
Education under Section 271.102 of the Local Govern -lent"Code, a copy of which is attached
hereto and incorporated by reference herein (the Agr )
ibnee, is authorized to expend fiends pursuant
SECTION 2. The City Manager, or his des
to the Agreement for the purchase of various goods and services.
3, This ordinance shall become effective immediately upon its passage and
SECTION
approval.
l7 , 2010.
PASSED AND APPROVED this the day of
GHS, MAYOR
kAA.. A
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: ti
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
2-0RD-It / oc Agreement i t I arri Co Depa t it of Education
is BY:
Municipality Master Service Interlocal Contract
Between Harris County Department of Education
& City of Denton
nterlocal and C op e and
ent suant to the Interlocal Cooperation Act, Chapter 791 Government Cof th ode this Is
Pur
Chapter 271, Subchapter P of th,contract") ois n ade and entered into by and between the Harris
Purchasing Program Contract ( Texas, and City of Denton
Department of Education ("HCDE"), located in Houston,
County purpose of providing services.
("CITY"), located in Denton, Texas, for the Preamble Texas te education HCDE is a local governmental entity established and services in the State of Texas. Both,HCDE
and is also duly authorized to provide programs
and CITY desire to set forth, in writing, the terms and conditions of their agreement.
General Terms and Conditions
In consideration of the mutual covenants and conditions contain of whi hlarehereby ac know edged, suf good and valuable considerag on, the receipand
fo lotws: Y
the parties intending to be legally bound agree and
shal 1. Term. This Contract is effective from the date ofths plant written notice of nonl
automatically renew unless either party gives thirty (30) daY
be terminated by either party with or without cause with
renewal. This Contract may
thirty (30) days written notice. See other meantof Aterminating the contract in Article 1 ,
below. Any such notice shall be sent according of any
delivered by will be considered a part
2 Agr_ ee The terms of this Contract
Contract and he attached
• for programs and services
Addendum um
and incorporated Addendum, purchase orders, or exhibits, if any, contain re
agreement of the parties and there are no representations, agreements, arrangements,
undertakings, oral or written, between the parties to this Contract other than those set
forth to this Contract and duly executed in writing.
3• Purpose and Scope of Work.
ferings of
A. HCDE agrees to:
■ Provide CITY with subsequent independent contracts throughv is of
respective
each of the programs and services
divisions.
■ Provide services upon the submission of independent contracts or purchase orders
within the HCDE divisions.
■ Conduct, as a minimum, an annual audit or survey, as appropriate, for each of the
programs.
B. CITY agrees to:
■ Submit purchase order(s) or independent contract(s) for each of the programs it
wishes to purchase and/or collaborate.
■ Agree to follow the terms and conditions of each independent contract or purchase
orders for each of the programs.
■ Assign the appropriate person to act as representative to each respective program
• delivered.
Revised 7/26/2010
Municipality Master Service Interlocal Contract Page 1 of 3
4. As is. HCDE makes this Contract available to HCDE participating entities "as is" and are
• under no obligation to revise the terms, conditions, scope, prices, and/or any requirements of
the Contract for the benefit of CITY.
jes or obligations
5 Assi_,nment• Neither this Contract nor an ut. assignable b either party without he prior
y
contracts because of this agreement shall be written acknowledgment and authorization of both parties.
6 Conflict of Interest. During the Term of HCDE's service to CITY, CITY, its personnel
and agents, shall not, directly or indirectly, whetherfor
endeavor to entice account away o any per on
other person or entity whatsoever, employ, solicit who is employed by HCDE.
7. Contract Amendment. This Contract may be amended only by the mutual agreement of
all parties in writing to be attached to and incorporated into this Contract.
g. Notice. Any notice provided under the terms of this Contract by either party to the other
shall be in writing and shall be sent by certifod mail, return receipt requested. Notice
to shall be sufficient if made or addressed as fllows:
Harris County Department of Education CitnofDenton
C. Campbell
Attn: John E. Sawyer, Ed.D.
County School Superintendent City Manager
E. McKinney
6300 Irvington Blvd. 215 Denton, TX 76201
Houston, Texas 77022 940-349-8200
• 713-694-6300 George, Cam bell cit ofdenton.coin
9. Relation of Parties. It is the intention of the part 1earttner of HCDE and nothing inC this
I CITY is independent of and not an employee, agent, joint venturer, p onship Contract shall be interpreted or construed as creating or Herebe
wl e nnHg the CDE and CITY or
partner,
employer and employee, agent, joint venturer
HCDE and any of CITY's agents.
10. Non Exclusivity of Services. Nothing in this Contract may be construed to imply that
HCDE has exclusive right to provide CITY these services. During the Term of Contract,
CITY reserves he right to use all available resources o procure other professional
services as needed and, in doing so, will not violate any rights of HCDE.
11. Termination. This Contract may be terminated prior to the expiration of the Term hereof
as follows:
after a work/service emedyhass benot en provided eported land
■ By CITY upon 30 days mnotice anner if the
satisfactory and proper
discussed; days
■ By mutual written agreement of the parties, upon thirty (30) Ys pr
notice; or
■ By either party immediately if the other party commits a material breach
any of the terms of this Contract and no remedial action can be agreed
upon by the parties.
12. Master Contract. This Contract caa be will serve tohoutl ne aster
the working relationship
terms and conditions in this Contract
Revised 7/26/2010
Municipality Master Service Interlocal Contract Page 2 of 3
between HCDE and the CITY. Both parties agree to allow the CITY to use any or all of
services with no charge from HCDE: Choice Facility
the following programs and/or
th
Partners (CFP), Gulf Coast Food Cooperative, Purchasing Cooperative, Drug Testing
Services and Fuel Cooperative,
The CITY agrees to adhere to the terms and conditions set forth
programs andramseand/es
services as contracted under these programs
provided by HCDE requiring a fee will need an addendum to the approved Master ddendum hat
Interlocal Contract. The specific terms and cod between the aMaster Contrag~ and tany
individual contract. In the case of a conflict
addendum, the provisions of the addendum will govern.
13, Severabilit_y. In the event that any one or more of the provisions contained in this
Contract shall for any reason be held to be invalid, illegal, or unenforceable ina1n
illegality, or unenforceability shall not affect any other
respect, such invalidity,
provisions, and the Contract shall be construed as if such invalid, illegality, or
unenforceable provision had never been contained in it.
14. Governing Law and Venue. This Contract shall be governed by and construed in exc
venue accordance with the laws of the State of Texas.
arisinh nfdthorContdract shall be in Harris
the adjudication or resolution of any dispute g out
County, Texas. to the
15. Authorization. Each party acknowledges that the governing body of each party
Contract has authorized this Contract. et, nor any term or provisions
16. Benefit for aSignatory Parties Only. Neither this Contra
ny inclusion by reference, shall be construed as being for the benefit of any
hereof, not any
• party not in signatory hereto.
In witness whereof, HCDE and CITY have executed this Contract to be effective on the date
specified in Article 1. Term above:
Harris County Department of Education
City o ento
John E. Sawyer, Ed.D.
George . Campbell
County School Superintendent
City Manager
(201i'd
Date
Date
APPROVED AS TO FORM:
l
L ~
to Burgess
City Attorney
Municipality Master Service Interlocal Contract Page 3 of 3 Revised 7/26/2010
Municipality Master Service Interlocal Contract
Between Harris County Department of Education
& City of Denton
• n Act Chapter 791 of the Texas Government Code and
Pursuant to the Interlocal Cooperatio , Interl
oca
Cooperati Chapter 271, Subchapter F of the Texas Local Government
and enteredintolby and between the Harris
made
Purchasing Program Contract (Contract) is
County Department of Education ("HCDE"), located in Houston, Texas, and City of Denton
("CITY"), located in Denton, Texas, for the purpose of providing services.
Preamble Texas
promote education in Harris
HCDE is a local governmental entity established
services in the State of Texas. Both,HCDE
and is also duly authorized to provide programs
and CITY desire to set forth, in writing, the terms and conditions of their agreement.
General Terms and Conditions
contained in this
hereby Contrcact
In consideration of the mutual covenants and conditions
edged,
good and valuable consideration, the receipt and sufficiency of whi
the parties intending to be legally bound agree as follows:
1. Term. This Contract is effective from the date 0br or written notice of non-
automatically renew unless either party gives thirty ( ) days p
renewal. This Contract may be terminated by either party with or without cause with
renewal.
thirty (30) days written notice. See other means of terminating the contract in Article 11,
below. Any such notice shall be sent according to Article 8.
• 2 Agreement. The terms of this Contract shall apply bl HCDE will
Contract and tle attached
Addendum for programs and se purchase h delivered
or exhibits, if any, contain the entire
and incorporated Addendum,
agreement of the parties and there are the representations,
Contractnotherrthan those set
undertakings, oral or written, between parties to
forth in this Contract and duly executed in writing.
3. Purpose and Scope of Work.
A. HCDE agrees to:
■ Provide CITY with subsequent independent contracts and/or descriptive
its freri gs o
each of the programs and services that HCDE provides through
divisions.
■ Provide services upon the submission of independent contracts or purchase orders
within the HCDE divisions.
■ Conduct, as a minimum, an annual audit or survey, as appropriate, for each of the
programs.
B. CITY agrees to:
■ Submit purchase order(s) or independent contract(s) for each of the programs it
wishes to purchase and/or collaborate.
■ Agree to follow the terms and conditions of each independent contract or purchase
orders for each of the programs.
• Assign the appropriate person to act as representative to each respective program
delivered.
Municipality Master Service Interlocal Contract Pagel of 3 Revised 7/26/2010
4. As is. HCDE makes this Contract available to HCDE participatian entities Y i(eqas is" uiremendtsare
under no obligation to revise the terms, conditions, scope, prices,
• the Contract for the benefit of CITY.
5. Assi_; went. Neither this Contract nor any duti
assignable by either party without thegprior
contracts because of this agreement shall be g
written acknowledgment and authorization of both parties. its 6. Conflict of Interest. During the Term of HCDE's service clown acCITY, count o pwrth any
and agents, shall not, directly or indirectly, whether for person
other person or entity whatsoever, employ, solicit or endeavor to entice away any p
who is employed by HCDE. the mutual agreement of This Contract may be amended only by 7. Contract Amendment. be attached to and incorporated into this Contract.
all parties in writing to
8. Notice. Any notice provided under the terms of this Contract by either party to the other
shall be in writing and shall be sent by certified mail, return receipt requested. Notice
to shall be sufficient if made or addressed as follows:
Harris County Department of Education City of Denton
C. Campbell
Attn: John E. Sawyer, Ed.D.
County School Superintendent City Manager
215 E. McKinney
6300 Irvington Blvd. Denton, TX 76201
Houston, Texas 77022 940-349-8200
• 713-694-6300 George Campbell a cityofdenton.com of H elation of Parties. It is the intention of the parties that CITY is independent a nothing nCDE
and not an employee, agent, joint venturer, or partner of HCDE this
Contract shall be interpreted or construed as creating ebet weennHCDE and CITY or
employer and employee, agent, joint venturer or partner
HCDE and any of CITY's agents. imply th 10. Non Exclusivity of Services. Nothing in this sContract e services. the
Term of Contract,
HCDE has exclusive right to provide CITY the
CITY reserves the right to use all available resources to procure other professional
services as needed and, in doing so, will not violate any rights of HCDE.
11. TermTerm. This Contract may be terminated prior to the expiration of the Term hereof
as follows:
■ By CITY upon 30 days notice if the work/service is not provided in a
satisfactory and proper manner after a remedy has been reported and
discussed;
■ By mutual written agreement of the parties, upon thirty (30) days prior
notice; or
■ By either party immediately if the other party commits a material breach
any of the terms of this Contract and no remedial action can be agreed
• upon by the parties.
12. Master Contract. This Contract can be utilized as the Master Contract. The general
terms and conditions in this Contract will serve to outline the working relationship
Municipality Master Service Interlocal Contract Palge 2 of 3 Revised 7/26/2010
between HCDE and the CITY. Both parties agree to allow the CITY to use any or all of
the following programs and/or services with no charge from HCDE: Choice Facility
Partners (CFP), Gulf Coast Food Cooperative, Purchasing Cooperative, Drug Testing
. Services and Fuel Cooperative.
/or
The CITY agrees to adhere to the terms andnconditions
oset therforth
progr ms and/orprograms
servaces
services as contracted under these prog
provided by HCDE requiring a fee will need an addendum to the approved Master
Interlocal Contract. The specific terms
conflict conditions t between the addendum
Contract and any
individual contract. In the case of
addendum, the provisions of the addendum will govern.
13. Severability. In the event that any one or more of the provisions contained in this
Contract shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any other
provisions, and the Contract shall be construed as if such invalid, illegality, or
unenforceable provision had never been contained in it.
14. Governing Law and Venue. This Contract shall be governed by and construed in
accordance with the laws of the State of Texas. The mandatory and exclusive venue for
the adjudication or resolution of any dispute arising out of this Contract shall be in Harris
County, Texas.
15. Authorization. Each parry acknowledges that the governing body of each party to the
Contract has authorized this Contract.
16. Benefit for Signatory Parties Only. Neither this Contract, nor any term or provisions
hereof, not any inclusion by reference, shall be construed as being for the benefit of any
• party not in signatory hereto.
In witness whereof, HCDE and CITY have executed this Contract to be effectiv on the date
specified in Article 1. Term above:
City o Denton H unty Depa e of Education
George C. Campbell / Jo . Sawyer D.
City Manager County School Superintendent
1. J
Date
Date
APPROVED AS TO FORM:
Anita Burgess` l~
City Attorney
Revised 7/26/2010
Municipality Master Service Interlocal Contract Page 3 of 3