HomeMy WebLinkAboutResolution No. 2012-24 RESOLUTION NO. R2012-24
A RESOLUTION APPROVING THE PARTICIPATION IN
THE TIPS/TAPS COOPERATIVE PURCHASING
PROGRAM FOR THE REGION VIII EDUCATION
SERVICE CENTER INTERLOCAL AGREEMENT BY
CITY COUNCIL.
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Whereas, the City Council of the City of Friendswood, Texas, pursuant to the authority
granted by Tex. Godt Code section 791.001, et seq., desires to participate in the TIPS/TAPS
Cooperative Purchasing Program offered by Region VIII Education Service Center, and is of the
opinion that participating in this program will be highly beneficial to the taxpayers of the city of
Friendswood, Texas through the anticipated saving to be realized; and
Whereas, the City of Friendswood requests a stated need for participation in the
Interlocal Purchasing System (TIPS/TAPS) whereby the City Manager is authorized and directed
to sign and deliver any and all necessary requests and documents in connection therewith for and
on behalf of the City of Friendswood, Texas.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD,TEXAS:
Section 1. The facts and opinions in the recitations of this Resolution are true and
correct.
Section 2. That the City Council of the City of Friendswood hereby authorizes the
Mayor to execute the Agreement attached hereto as Exhibit"A".
Section 3. That the City Council of the City of Friendswood hereby ratifies the
execution of the Agreement by the Mayor of the City.
Section 4. All resolutions and agreements in conflict herewith are hereby repealed to
the extent of the conflict only.
PASSED, APPROVED, AND I2ESOLVED this the 13�day of October, 2012.
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Kevin M. Holl' �
Mayor
ATTEST:
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Melinda Welsh, TMRC 'U� :O �
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City Secretary . ;'� �
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R2012-24 2
IN7ERLOCAL AGREEM�N1"
Region VIII Education Service Center
TEXAS PUBLIC AGENCY
{School, College, University, State, City ar County Office)
City nF j?YjP^aGW^Od �_ ` r "—�-a--
TEXAS SCHOOL ENTITY OR PUBLIC AGENCY Control Number(TIPSwillAssign)
Schools enter Counry-District Number
Region VIII Education Service Center � 225 - 950
Mf. Pleasant, Texas ' County-District Number
Texas Education Code §8.002 permits reglonai education service centers, at the direction of the
Commissioner of Education, to provide services to assist school districts, colleges and universities
in improving student performance and increasing the efficiency and effectiveness oi school, college
and university operations. Authority for such services is granted under Texas Government Code §§
791.001 et seq as amended. Cooperative Purchasing Services are extended to all Texas State,
City and County Government Agencies.
This Interlocai Agreement (hereinafter the "AgreemenY') is effective october 1. 201z 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 nofice, 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 Vill Education Service Center, by this Agreement, agrees to provide cooperative purchasing
services to the above-named public agency through a Program known as the 7he interlocal
Purchasing System (TIPS/TAPS) Program.
The purpose of the TIPSlTAPS Program shalf be to obtain substantiaf savings for participating
schoot entities or public agencies fhrough cooperative purchasing.
Role of the TIPSITAPS Purchasing Cooperative:
1. Provide for the organlzaiional and administrative structure of the program.
2. Provide staff necessary for efficient operation of the program.
3. Provide marketing of the program to expand membership, number of vendor awarded
contracts and commodity categories.
4. initiate and implement activ(ties required for campetifive bidding and vendor award process
including posting, advertising, collecting proposals, scoring proposais, and award of contracts.
5. Provide members w(th procedures for ordering, delivery, and billing.
S. Maintain filing system for all bidding procedure requirements.
Page 2 of 3
IN7ERLOCAL AGREEMENT, continued
Role of the Public Agency:
1. Commitment to participale in the program by an authorized signature on membership forms.
2. Designation of Primary Contact and Technology Contact for agency:
3. Commitment to purchase products and services from TIPS/TAPS Vendors when in the best
interest of the agency.
4. Prepare purchase orders issued to 71PSCCAPS Awarded Vendnr and FAX to TIPS/TAPS.
5. Accept shipments of producfs ordered from Awarded Vendors in accordance with standard
purchasing procedures.
6. Pay Awarded Vendors in a timely manner for all goods and services received.
General Provisions:
The Parties agree to compiy fully with all applicable federal, state, and locai 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 shal) be governed by the law of the State of.Texas and venue shalf be in the couniy
in which the administrative offices of RESC VIII are located which is Titus County, Texas.
This Agreement confains the entire agreement of the Parties hereto with respecf 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 courf of competent jurisdiction to be
invaiid, void, or unenforceable, the remainder of the provisians of this Agreement shall remain in full
force and ef(ect
The Parties to this Agreement expressly acKnowiedge and agree that afl monies paid pursuant to
this Agreemenk shali 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 quesfion between
tha 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, o�cers, employees, and agents as a result of its execution of lhis
Agreement and performance of the functions and obligafions described herein.
This Agreement may be negotiated and transmitted between the Parties by means of a facsimile
machine and the ferms and conditions agreed to are binding upon the Parties.
Authorizatian:
Region VIII Education Service Cenfer and The Interlocal Purchasing System (TIPSlTAPS} Program
have entered into an Agreement to provide cooperative purchasfng opportunities to public agencies.
Page 3 of 9
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 Acf, 7exas Government Cade
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: c �' ����c=� By: ���•) /
thorized Signature Authorized Signat re
TIflO: Cihy Manager Tifle; Executive Director Region VIII ESC
October 1, 2012 I(7��I �`�--
Date Date —�
Public Agency Contact Information
Cindy S. Edge
Primary Purchasing Person Name
910 S. Fxiandscaaod Drive
StreeF Address
Priendswood, Taxas 77546
City, State Zip
281-996-3224
Telephone Number
281-482-6G91
Fax Number
cadge@friendswood.com
Primary Person Email Address
Todd Yeager
Technology Person Name
tryeaker@friendswood.com
Technology Person Email Address
Please send two signed original Interlocal Agreements and one copy of Board Resolution (if required� to
TIPS/TAPS,Attn: Klm Thompson,C/O Region VIII Education Service Center, PO Box 189A, Mt. Pleasant,Texas
75456-1894. Upon executlon,a signed original will be returned to the Purchasing Contact listed above.