Region VIII Education Service Center-4730-Award/Ordinance/Pricing
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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
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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.
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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
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20! l 1 i
Date Date!
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APPROVED AS TO FORM.
CITY ATTORNEY
CITY OF DENTON, TEXAS
BY:
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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
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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.
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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.
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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.
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