2011-082ORDINANCE 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 1NTERLOCAL 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 , 2011.
n
MARK A. BURROUGHS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
VAAL,)
0
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY:
2-ORD-Interlocal Agreement Wit egion v111 Education Center
INTERLOCAL, AGREEMENT
Region VIII Education Service Center
PUBLIC AGENCY
Public A ency 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 Interloca€ Agreement (hereinafter the "Agreement") Is effective 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 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:
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 entitles 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:
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 VIII 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 Interloca) 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
By:
Authorized Signature
Title:
IL~~t~ t Ll~ E~
A ~ 11, ~.O 1 I
Date
Region Vill Education Service Center
By:
Mr. Harvey B. Hohenberger, Jr.,
Title: Executive Director Region Vill ESC
Date
Public Agency Purchasing Contact Person
Street Address
City, State Zip
Purchasing Contact's Telephone Number
Purchasing Contact's Fax Number
Purchasing Contact's Email Address
Public AgencyTechnology Contact Person
Street Address
City, State Zip
Technology Contact Telephone No.
Technology Contact Pax Number
Technology Contact's Email Address
Please send two signed original Interlocal Agreements to the Region Vill 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.
ORDINANCE NO. 2011-082
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
INTER-LOCAL COOPERATIVE PURCHASING PROGRAM AGREEMENT WITH THE
REGION VIII EDUCATION SERVICE CENTER THROUGH THE 1NTERLOCAL
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 , 2011.
MARK A. BURROUGIJS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY 1~~ "
BY: 0~ /-t", \I-
2-ORD-Interlocal Agreement Witt egion VII Education Center