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Home My WebLink AboutC2010-122 - 4/13/2010 - ApprovedINTERL~CAL PARTICIPATION AGREEMENT THE INTERLOCAL PURCHASING SYSTEM {TIPS) PROGRAM Region VIII Education Service Center The City of Carpus Christi CITY OF CORPUS CHRISTI Program MemberlLocal Governmen# REGION VIII EDUCATION SERVICE CENTER Purchasing Cooperative County-District Number 225 - 95a County-^istrict Number This Interlvcal Participation Agreement {"Agreement"} is entered into by and between the Region VIII Education Service Center {R8ESC}, PO Bvx 1894, Mt. Pleasant, Texas 78456- 1894, ac#ing on its awn behalf and on behalf of all participating members, and the City of Corpus Christi, 1201 Leopard Street, Carpus Christi, Texas, 78491, a Texas home rule municipal corporation and local government of the State of Texas {Program Memt~er}. RECITALS WHEREAS, the City of Corpus Christi (Pragram 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 cast savings; and WHEREAS, the Program Member is authorized by Chapter T91, et seq., of the Texas Government Code and Chapter 271, et seq., of the Texas Local Government Cede, to enter in an agreement far, and to participate in, a cooperative purchasing program with another local government or local cooperative organization; and WHEREAS, the RBESC is an administrative agency of local governments cooperating in the discharge of their governmental functions; and WHEREAS, Program Members, the R8ESC and The Interlvcal Purchasing System (TIPS} Program have entered info an Interlvcal Agreement tv provide cooperative purchasing opportunities to participating local governments, which the Pragram Member does hereby adept, and any further amendments, and further agrees to become an additional party to that certain Interlvcal Agreement; and NGW BE !T RESOLVED, that Program Member in consideration of the agreement of the R8ESC and the TIPS Program with other program members, tv provide services as detailed in this agreement, does hereby agree tv the following terms, conditions, and general provisions, and in return far the payment of the contributions and subject to all terms of this Agreement, the parties agree as follows: 2010-122 Res. 028554 04/13/10 Reg. VIII Educ. Sve. Cntr. ~N~E~~ TERMS AN^ CDNDITIDNS Statement of Purpose. The purpose of this Agreement is to allow the City of Corpus Christi to purchase good and services through the RSESC TIPS Program. Adoption of Interlocal Cooperation Participation Agreement. Program Member hereby adapts and approves the Interlacal Participation Agreement. Term. This Interlocal Agreement thereinafter the "Agreement"} is effective and wi11 be automatically renewed unless either party gives sixty (617} days prior written notice of nonrenewal. Termination. This Agreement may be terminated without cause by either party upon t6Q} days prior written notice, ^r may also be terminated for cause at anytime upon written notice stating the reason far and effective date of such terminations and after giving the affected party a thirty [3Q} 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 en#ities and prepare appropriate ta11y of quantities. 4. Initiate and implement activities related to the bidding and vendors selection process. 5. Provide members with procedures for ordering, delivery, and bilking. 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 became 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 wifh 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 tv comply fully with all applicable federal, state, and Ivcal 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 tv 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 terms} yr provisions} of this Agreement are held by a court of competent jurisdiction to be invalid, void, ar unenforceable, the remainder of the provisions of this Agreement shall remain in full force and effect. The Parties tv 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 tv this Agreement shall be submitted to nonbinding mediation. Na Party to this Agreement waives or relinquishes any immunity or defense ^n 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 Vill Education Service Center and The Interlocal Purchasing System (TIPS} Program have entered into an Agreement to provide cooperative purchasing opportunities tv 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 Cade ch. 551. The individuals signing below are authorized to do so by the governing bodies of the respective parties. CITY OF C~RPlJS CHRISTI REGIGN VIII EOl1CATI0N SERVICE CENTER r ~ f ~ jl~ An .Escobar ~ to Harvey B. ohenberger, Jr., Date Cit Manager Executive Director Region VIII ESC ~tn~~,: -~-l~ Assisi . ~ ~ Attorney Fror C . , ~ ~mey ~s. ~g5~ A[l~kiEllillF~ ~ r~~~~lt_.~~.~-~° Page 3 of 5 SE~RF1'ARr J~ Authorized Contact Persons: Pete Anaya, ^irector of Engineering Services 12Q1 Leopard Street Carpus Christi, Texas 784Q1 (361 } 826-37$1 telephone {361 } 826-35Q1 fax PeteAn(a~cctexa s. cam Mike Barrera, Assistant Director of Financial Services 12Q1 Leopard Street Corpus Christi, Texas 784Q1 {3S1} 826-3159 telephone {361 } 826-3174 fax MikeB aC7.cctexas.com Kevin Stowers, Assistant Director of Engineering Services 12Q1 Leopard Street Corpus Christi, Texas 784Q1 {361 } 826-3519 {3fi1} 826-35x1 iCevinS cctexas.cam Paul Pierce, Procurement Manager 12Q1 Leopard Street Corpus Christi, Texas 784Q1 [361}826-3164 {361 } 826-3174 PauIPCc~cctexas.com Page 4 of 5 Instructions to the Program Member, the City of Carpus Christi: Please send Three {3) signed original Interlocal Agreements to the Region VIII ESC, Attn: Mr. Harvey B. Hohenberger, Jr., Executive Director, Region Vlll Education Service Center, PC Box 9894, Mt. Pleasant, Texas 75456-7 894. Region VIII ESC Attn: Mr. Harvey B. HohenfJerger, 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 {~) signed originals to The City of Corpus Christi, Aftn: Mr. Pete Anaya, Director of Engineering Services, 3"~ floor -Engineering Services Department 9209 Leopard Street Corpus Christi, Texas 78409. City of Corpus Christi Attn: Mr. Pete Anaya, Director of Engineering Services 3rd floor -Engineering Services Department 1201 Leopard Street Corpus Christi, Texas 78401 Page5of5