HomeMy WebLinkAboutRES 16-165RESOLUTION NO. 16-165
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute an Interlocal
Agreement between the City of Beaumont and Region VIII Education Service Center t o
provide cooperative purchasing services to the City of Beaumont through The Interlocal
Purchasing System (TIPS) Program. The Interlocal Agreement is substantially in the
form attached hereto as Exhibit "A" and made a part hereof for all purposes.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 13th day of
September, 2016.
INTERLOCAL AGREEMENT
Region Vlll Education Service Center
TEXAS PUBLIC ENTITY OR LOCAL GOVERNMENT
(School, College, University, State, City, County, or Other Political Subdivision)
CITY OF RF.ATTMONT
TEXAS PUBLIC ENTITY Control Number (TIPS will Assign)
Region VIII Education Service Center 225 - 950
Pittsburg, Texas 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, colleges and universities in
improving student performance and increasing the efficiency and effectiveness of school, college and
university operations. In addition, authority is granted under Texas Government Code §§ 791.001 et
seq as amended to enter into Interlocal agreements with said educational entities, as well as, other
governmental entities and political subdivisions of Texas and other States. As authorized by applicable
statutes and regulations, Cooperative Purchasing Services under this agreement are extended to all
Texas State, City or County Government Agencies, or any other Government Entity as defined in the
Texas Government Code § 791.003.
This Interlocal 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 entity 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 School District,
University, College, Community College, City, County or Other Public Agencies through cooperative
purchasing.
Roles of the TIPS Purchasing Cooperative:
1. Provide for the organizational structure of the program.
2. Provide staff for efficient operation of the program.
3. Promote marketing of the TIPS Program.
4. Coordinate the Competitively Bid Process for all Vendor Awarded Contracts.
5. Provide members with procedures for placing orders through TIPS PO System.
6. Maintain filing system for Due Diligence Documentation.
Role of the Public Entity:
1. Commit to participate in the program by an authorized signature on membership forms.
2. Designate a Primary Contact and Secondary Contact for entity.
3. Commit to purchase products and services from TIPS Vendors when in the best interest of the
entity.
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EXHIBIT "A"
4. Submit Purchase Orders and/or Vendor Contracts through the TIPS PO System by emailing the
pdf document to tipspo(cDtips-usa.com.
5. Accept shipments of products ordered from Awarded Vendors.
6. Process Payments to Awarded Vendors in a timely manner.
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 Camp 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.
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. (If
required by the entity.)
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The individuals signing below are authorized to do so by the respective parties to this Agreement.
Public Member Entity:
_CITY OF BEAUMONT
Entity Name
Authorized Signature
Title: CITY MANAGER
Date
Public Entity Contact Information
Purchasing Cooperative Lead Agency:
Region VIII Education Service Center
Authorized Signature,
Title: Executive Director Region VIII ESC
Date
PATRICK .T BARI)WFT T, PURCHASING MPR.
Primary Purchasing Person Name
801 MAIN ST., STE, 315
Street Address
8EAUMONT, TX 77701
City, State Zip
409-880-3175
Telephone Number
409-880-3747
Fax Number
PBARDWELTi@beaumonttexas.gov
Primary Person Email Address
TERRY WELCH, BUYER TTT
Secondary Person Name
TWELCH@beaumonttexas.gov
Secondary Person Email Address
If your entity does not require you to have an Interlocal Agreement, please go to the TIPS website under
Membership and take advantage of online registration. The states of Texas and Arizona do require all
entities to have an Interlocal Agreement. Other States or governmental jurisdictions may require an
Interlocal agreement as well and you are advised to consult your legal counsel to determine the
requirements for your entity. Email completed Interlocal Agreement to tips@tips-usa.com.
TIPS Interlocal Agreement — REVISED 12-18-2015 Page 3 of 3