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HomeMy WebLinkAbout028550 RES - 04/13/2010RESOLUTION AUTHORIZING THE CITY OF CORPUS CHRISTI, BY AND THROUGH THE CITY MANAGER OR HIS DESIGNEE, TO PARTICIPATE IN THE INTERLOCAL GOVERNMENTAL COOPERATIVE PURCHASING PROGRAMS OF THE REGION VIII EDUCATION SERVICE CENTER, INCLUDING THE INTERLOCAL PURCHASING SYSTEM (TIPS) PROGRAM; AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE AN INTERLOCAL GOVERNMENT AGREEMENT (AND ALL RELATED DOCUMENTS NECESSARY) FOR PROGRAM PARTICIPATION WHEREAS, per the Interlocal Cooperation Act, Texas Government Code § 791.025, and under the authority granted by Sections 271.102, et seq., Texas Local Government Code, as amended, the City of Corpus Christi desires to participate in purchasing programs of the Region VIII Education Service Center, and particularly in The Interlocal Purchasing System (TIPS), to assist the City in compliance with state bidding requirements, to identify qualified vendors of commodities, goods and services, to relieve the burdens of the City's governmental purchasing function, and to realize the various potential economies, including administrative cost savings, in the opinion that participation will be highly beneficial to the taxpayers through the anticipated savings to be realized, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City of Corpus Christi, by and through its City Manager or his designee, is authorized to participate in the purchasing programs of the Region VIII Education Service Center, and in The Interlocal Purchasing System (TIPS) Program, to purchase items on behalf of and for the City of Corpus Christi. SECTION 2. The City Manager or his designee is authorized to execute an Interlocal Cooperation Agreement under Chapter 791, Texas Government Code (and any other related documents necessary) with the Region VIII Education Service Center to provide for participation in the purchasing programs of the Region VIII Education Service Center and in The Interlocal Purchasing System (TIPS) Program. SECTION 3. The City of Corpus Christi requests the Region VIII Education Service Center to include a stated need for The Interlocal Purchasing System (TIPS) on the Region VIII Education Service Center's annual contracts for TIPS, whereby the City Manager or his designees are authorized and directed to sign and deliver all or any necessary requests and other documents in connection with TIPS for and on behalf of the City of Corpus Christi. SECTION 4. The names of persons authorized to sign and deliver any necessary requests and other documents in connection with TIPS for and on behalf of the City of Corpus Christi include (i) Director of Engineering Services; (ii) Assistant Director of Engineering Services; (iii) Purchasing Agent/Official; (iv) Procurement Manager; (v) Director of Financial Services; (vi) Assistant Director of Financial Services; and (vii) persons in city staff positions with similar or the same functions as those specifically named above, when any of the names listed above have changed, as the names of positions, titles, and departments change from time to time. 028550 INDEXED ATTEST: Armando Chapa City Secretary APPROVED AS TSO FORM: 9 -Mar -10 Veronica Ocanas Assistant City Attorney for City Attorney CITY OF CORPUS CHRISTI 4,61aCi Joe dame Mayor H:\LEG-DIR\VeronicaO\1.ENG\1 AGENDA ITEM S\10\041310\041310 Reso authorizing TIPS v.2.doc qday of , 2010. The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott 4-14- 98550 H:\LEG-DIR\VeronicaO\1.ENG\1 AGENDA ITEM S\10\041310\041310 Reso authorizing TIPS v.2.doc INTERLOCAL PARTICIPATION AGREEMENT THE INTERLOCAL PURCHASING SYSTEM (TIPS) PROGRAM Region VIII Education Service Center The City of Corpus Christi CITY OF CORPUS CHRISTI Program Member/Local Government REGION VIII EDUCATION SERVICE CENTER Purchasing Cooperative County -District Number 225 - 950 County -District Number This Interlocal Participation Agreement ("Agreement") is entered into by and between the Region VIII Education Service Center (R8ESC), PO Box 1894, Mt. Pleasant, Texas 78456- 1894, acting on its own behalf and on behalf of all participating local governments, and the City of Corpus Christi, 1201 Leopard Street, Corpus Christi, Texas, 78401, a Texas home rule municipal corporation and local government of the State of Texas (Program Member). RECITALS WHEREAS, the City of Corpus Christi (Program Member) desires to participate in the TIPS Program in order to facilitate compliance with state bidding requirements, to identify qualified vendors of commodities, goods and services, to relieve the burdens of the governmental purchasing function, and to realize the various potential economies, including administrative cost savings; and WHEREAS, the Program Member is authorized by Chapter 791, et seq., of the Texas Government Code and Chapter 271, et seq., of the Texas Local Government Code, to enter in an agreement for, and to participate in, a cooperative purchasing program with another local government or local cooperative organization; and WHEREAS, the R8ESC is an administrative agency of local governments cooperating in the discharge of their governmental functions; and WHEREAS, Program Members, the R8ESC and The Interlocal Purchasing System (TIPS) Program have entered into an Interlocal Agreement to provide cooperative purchasing opportunities to participating local governments, which the Program Member does hereby adopt, and any further amendments, and further agrees to become an additional party to that certain Interlocal Agreement; and NOW BE IT RESOLVED, that Program Member in consideration of the agreement of the R8ESC and the TIPS Program with other program members, to provide services as detailed in this agreement, does hereby agree to the following terms, conditions, and general provisions, and in return for the payment of the contributions and subject to all terms of this Agreement, the parties agree as follows: TERMS AND CONDITIONS Statement of Purpose. The purpose of this Agreement is to allow the City of Corpus Christi to purchase good and services through the R8ESC TIPS Program. Adoption of Interlocal Cooperation Participation Agreement. Program Member hereby adopts and approves the Interlocal Participation Agreement. Term. This Interlocal Agreement (hereinafter the "Agreement") is effective and will be automatically renewed unless either party gives sixty (60) days prior written notice of nonrenewal. Termination. This Agreement may be terminated without cause by either party upon (60) days prior written notice, or may also be terminated 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. R8ESC agrees to provide cooperative purchasing services to the Program Member through the The Interlocal Purchasing System (TIPS) Program. The purpose of the TIPS Program is to obtain substantial savings for participants through volume purchasing. Role of the R8ESC TIPS 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 member 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 Program Member. 1. Commit to participate in the program by the undersigned authorized signature. 2. Designate a contact person for the cooperative. 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. Page 2 of 5 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 . 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 and local governments. 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 governing bodies of the respective parties. CITY OF CORPUS CHRISTI REGION VIII EDUCATION SERVICE CENTER Angel R. Escobar Date Harvey B. Hohenberger, Jr., Date City Manager Executive Director Region VIII ESC Veronica Ocanas Assistant City Attorney For City Attorney Page 3 of 5 Authorized Contact Persons: Pete Anaya, Director of Engineering Services 1201 Leopard Street Corpus Christi, Texas 78401 (361) 826-3781 telephone (361) 826-3501 fax PeteAn(cctexas.com Mike Barrera, Assistant Director of Financial Services 1201 Leopard Street Corpus Christi, Texas 78401 (361) 826-3169 telephone (361) 826-3174 fax MikeB aAcctexas.com Kevin Stowers, Assistant Director of Engineering Services 1201 Leopard Street Corpus Christi, Texas 78401 (361) 826-3519 (361) 826-3501 Kevi nS Ca)cctexas. com Paul Pierce, Procurement Manager 1201 Leopard Street Corpus Christi, Texas 78401 (361) 826-3164 (361) 826-3174 PauIPa,cctexas.com Page 4 of 5 Instructions to the Program Member, the City of Corpus Christi: Please send three (3) signed original Interlocal Agreements to the Region Vlll ESC, Attn: Mr. Harvey B. Hohenberger, Jr., Executive Director, Region VIII Education Service Center, PO Box 1894, Mt. Pleasant, Texas 75456-1894. Region VIII ESC Attn: Mr. Harvey B. Hohenberger, Jr., Executive Director Region VIII Education Service Center PO Box 1894 Mt. Pleasant, Texas 75456-1894 Instructions to the Region VIII ESC: Upon execution of three originals, please return two (2) signed originals to the City of Corpus Christi, Attn: Mr. Pete Anaya, Director of Engineering Services, 3'" floor - Engineering Services Department, 1201 Leopard Street, Corpus Christi, Texas 78401. City of Corpus Christi Attn: Mr. Pete Anaya, Director of Engineering Services 3rd floor - Engineering Services Department 1201 Leopard Street Corpus Christi, Texas 78401 Page 5 of 5