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Region VIII Education Service Center-4730-Award/Ordinance/Pricing • ORDINANCE NO. 2011-094 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATIVE PURCHASING PROGRAM AGREEMENT WITH THE NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY (NATIONAL IPA) UNDER SECTION 271.102 OF THE LOCAL GOVERNMENT CODE, TO AUTHORIZE PARTICIPATION IN VARIOUS NATIONAL IPA CONTRACTS FOR THE PURCHASE OF VARIOUS GOODS AND SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE (FILE 4730-INTERLOCAL AGREEMENT WITH THE NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY). THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee, is hereby authorized to execute the Interlocal Cooperative Purchasing Program Agreement with the National Intergovernmental Purchasing Alliance Company under Section 271.102 of the Local Government Code, a copy of which is attached hereto and incorporated by reference herein (the "Agreement"). SECTION 2. The City Manager, or his designee, is authorized to expend funds pursuant to the Agreement for the purchase of various goods and services. • SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 2011. I ARK BURR' HS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY BY: ~ • erlocal Agreement ith National I ,K • 4 -°Y°"---" NATIONALIPA MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT This Agreement is made between certain government agencies that execute a Principal Procurement Agency Certificate ("Principal Procurement Agencies") to be appended and made a part hereof and other public agencies ("Participating Public Agencies") that register electronically with National Intergovernmental Purchasing Alliance Company ("National IPA") or otherwise execute a Participating Public Agency Certificate to be appended and made a part hereof. RECITALS WHEREAS, after a competitive solicitation and selection process by Principal Procurement Agencies, a number of Suppliers have entered into Master Agreements to provide a variety of goods, products and services based on national volumes (herein "Products"); WHEREAS, Master Agreements are made available by Principal Procurement Agencies through National IPA and provide that Participating Public Agencies may purchase Products on the same terms, conditions and pricing as the Principal Procurement Agency, subject to any applicable local purchasing ordinances and the laws of the State of purchase; • NOW, THEREFORE, in consideration of the mutual promises contained in this agreement, and of the mutual benefits to result, the parties agree as follows: 1. That each party will facilitate the cooperative procurement of Products. 2. That the procurement of Products subject to this agreement shall be conducted in accordance with and subject to the relevant statutes, ordinances, rules and regulations that govern each party's procurement practices. i 3. That the cooperative use of solicitations obtained by a parry to this agreement shall be in accordance with the terms and conditions of the solicitation, except as modification of those terms and conditions is otherwise allowed or required by applicable law. 4. That the Principal Procurement Agencies will make available, upon reasonable request and subject to convenience, information which may assist in improving the procurement of products by the Participating Public Agencies. 5. That a procuring party will make timely payments to the Supplier for Products received in accordance with the terms and conditions of the procurement. Payment for Products and inspections and acceptance of Products ordered by the procuring party shall be the exclusive obligation of such procuring party. Disputes between procuring party and Supplier are to be resolved in accord with the law and venue rules of the State of purchase. • 6. The procuring party shall not use this agreement as a method for obtaining additional concessions or reduced prices for similar products or services. • 7. The procuring party shall be responsible for the ordering of Products under this agreement. A non-procuring party shall not be liable in any fashion for any violation by a procuring party, and the procuring party shall hold non-procuring party harmless from any liability that may arise from action or inaction of the procuring party. 8. This agreement shall remain in effect until termination by a party giving 30 days written notice to the other party. The provisions of paragraphs 5, 6 and 7 hereof shall survive any such termination. 9. This agreement shall take effect after execution of the Principal Procurement Agency Certificate or Participating Public Agency Registration, as applicable. Authorized Signature, Participating Public Agency NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY Signature Signature e0rat (L~ ,M4 11' G„ l~ . L-- M c Name Name Title eJ Title 74 20! l 1 i Date Date! I li APPROVED AS TO FORM. CITY ATTORNEY CITY OF DENTON, TEXAS BY: i • CITY COUNCIL CONSENT AGENDA REQUEST FORM AGENDA DATE: June 7, 2011 ACM: Jon Fortune INTERLOCAL AGREEMENT ORDINANCE • File 4730-Interlocal Agreement with National Intergovernmental Purchasing Elton Brock Alliance Company (National IPA) Consider adoption of an ordinance authorizing the City Manager to execute an iterlocal cooperative purchasing program agreement with the National Intergovernmental Purchasing Alliance Company (National IPA) under section 271.102 of the Local Government Code, to authorize participation in various National IPA contracts for the purchase of various goods and services; authorizing the expenditure of fiends therefor; and declaring an effective date (File 4730-Interlocal Agreement with the National Intergovernmental Purchasing Alliance Company). • File 4725-Purchase of Service Trucks and Tractor for Utility Departments Mike Ellis Consider adoption of an ordinance of the City of Denton authorizing the City Manager or his designee to execute a purchase order through the Houston Galveston Area Council of Governments and Blly Board Cooperative Purchasing Network for the acquisition of five vehicles and/or equipment items for various City of Denton Departments by way of Interlocal Agreements with the City of Denton; and providing an effective date (File 472.5- Purchase of. 'Vehicles and Equipment for City of Denton awarded to multiple vendors in the amount of 5272,019). The Public Utilities Board recommends approval (5-0). CONTRACT EXTENSION ORDINANCE • File 4033-Extension of Audit Services Contract Harvey Jarvis Consider adoption of an ordinance of the City Council of the City of Denton, Texas, authorizing the City Manager or his designee to execute the first, of two, one-year extensions and to renew, and amend the extension dates in Section 6 of the external audit services contract with Weaver and Tidwell, L.L.P.; and providing an effective date. Respectfully submitted by: Elton Brock. Purchasing Manager Consent Agenda 6-7-2011 2nd Drat t • ORDINANCE NO. 2011-082 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL COOPERATIVE PURCHASING PROGRAM AGREEMENT WITH THE REGION VIII EDUCATION SERVICE CENTER THROUGH THE INTERLOCAL PURCHASING SYSTEM (TIPS) PROGRAM UNDER SECTION 271.102 OF THE LOCAL GOVERNMENT CODE, TO AUTHORIZE PARTICIPATION IN VARIOUS REGION VIII EDUCATION SERVICE CENTER CONTRACTS FOR THE PURCHASE OF VARIOUS GOODS AND SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE (FILE 4715-INTERLOCAL AGREEMENT WITH REGION VIII EDUCATION CENTER INTERLOCAL PURCHASING SYSTEM PROGRAM). - THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The City Manager, or his designee, is hereby authorized to execute the Interlocal Cooperative Purchasing Program Agreement with the Region VII Education Center under Section 271.102 of the Local Government Code, a copy of which is attached hereto and incorporated by reference herein (the "Agreement"). SECTION 2. The City Manager, or his designee, is authorized to expend funds pursuant to the Agreement for the purchase of various goods and services. • SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the / - day of 1r/ , 2011. MARK A. BURROUGHS, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY • BY: e , 2-ORD-Interlocal Agreement Witi egion VII Education Center • INTERLOCAL AGREEMENT Region VIII Education Service Center PUBLIC AGENCY Public Agency County-District Number Region Vill Education Service Center 225 - 950 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 in improving student performance and increasing the efficiency and effectiveness of school operations Authority for such services is granted under Texas Government Code 791.001 et seq as amended. This Interlocal Agreement (hereinafter the "Agreement") is effective ~ C 11 doil and shall be automatically renewed unless either party gives sixty (60) days prio t 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) Program. The purpose of the TIPS Program shall be to obtain substantial savings for participating public agencies through volume purchasing. Role of the Purchasing Cooperative: 1. Provide for the organizational and administrative structure of the program. 2. Provide staff time necessary for efficient operation of the program. 3. Receive quantity requests from entities and prepare appropriate tally of quantities. 4. initiate and implement activities related to the bidding and vendors selection process. 5. Provide members with procedures for ordering, delivery, and billing. Role of the Public Agency: 1. Commit to participate in the program by an authorized signature in the appropriate space below. 2. Designate a contact person for the cooperative. • Page 2 of 3 INTERLOCAL AGREEMENT, continued 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 Purchasing Cooperative. 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. 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 Vlll 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) 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: 77:~~ Q~t~-4- Authorized Signature , Title: A a Title: Executive Director Region Vlll ESC 211 C~ Date Date LIiO`n r O ~ ~Q- V I"n ~LAAC, Public Agency Purchasing Contact Person Public AgencyTechnology Contact Person • °1 )1 ?i 1 e kas S- - 6 U 1 G- , Street Address Street Address City, State Zip City, State Zip C~4-~~t~ - ~ s 95 Purchasing Contact's Telephone Number Technology Contact Telephone No. N q a) 3Lka,- I,3 a (Ito) 3 ~4 9- Y 5 33 Purchasing Contact's Fax Number Technology Contact Fax Number te-ii 4Vin . 9kr\.A Q 64-j ll~ R-ter ►c~h Purchasing Contacts Email Address Technology `(tontact s Email A dress Please send two signed original Interlocal Agreements to the Region VIII ESC, Attn: Mr. Harvey B. Hohenberger, Jr., Executive Director, 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. •