HomeMy WebLinkAboutA6672 - STATE OF TEXAS DEPT OF INFORMATION RESOURCES - INTERLOCAL COOPERATIVE CONTRACT DIR No: DIR-TSO-ICXXX
INTERLOCAL COOPERATION CONTRACT F\L-613-
for Information Resources Technologies
THIS INTERLOCAL COOPERATION CONTRACT is entered into by and between City of Palm Springs
California [DIR Customer], with its principal place of business at 3200 E. Tahquitz Canyon Way, Palm
Springs, California 92262, and the STATE OF TEXAS, acting by and through the DEPARTMENT OF
INFORMATION RESOURCES, 300 West 15th Street, Suite 1300, Austin, Texas 78701 [DIR], pursuant
to the authority granted and in compliance with the provisions of the Interlocal Cooperation Act, Texas
Government Code, Chapter 791 for Texas based Customers and Section 2054.0565, Texas
Government Code, for out of state Customers.
I. STATEMENT OF PURPOSE:
The purpose of this Interlocal Cooperation Contract[Contract]is to allow DIR Customer to purchase
information resources technologies through DIR Contracts.
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II. CONSIDERATION:
a. Per the Interlocal Cooperation Act, Texas Government Code, § 791.025, or other applicable
law, the DIR Customer satisfies the requirement to seek competitive bids for the purchase of
goods and/or services.
b. DIR agrees to provide to DIR Customer those information resources technologies
available through existing Vendor contracts and Vendor contracts that DIR may enter into
during the term of this interlocal cooperation' contract, in accordance with specifications
submitted through purchase orders from Customer. All DIR Vendor contracts shall be made
available to the DIR Customer via the DIR Internet web site. DIR Customers utilizing the
Cooperative Contracts shall issue a Purchase Order directly to the relevant Vendor. DIR
Customers utilizing a DIR Contract for which DIR is the fiscal agent, the DIR Customer's
Purchase Order shall be issued to DIR.
c. DIR Customer agrees to notify DIR of any substantial problems in quality or service in relations
with a vendor under a DIR vendor contract.
111. PAYMENT FOR GOODS AND SERVICES:
a. DIR Customer shall comply with Chapter 2251, Texas Government Code, or applicable local
law, in making payments to the Vendor. Payment under a DIR Contract shall not foreclose the
right to recover wrongful payments.
b. Payments must be made from current revenues available to DIR Customer and authorized by
its governing board.
c. DIR Customer agrees to pay the rates and/or prices set by DIR with its vendors. DIR
Customer understands these rates and/or prices include a DIR administrative fee.
d. All purchases executed under a DIR Contract will require a DIR Customer purchase order.
IV. TERM OF CONTRACT:
This Interlocal Cooperation Contract shall begin when fully executed by both parties and shall
continue until terminated.
Either party, upon written notice, may terminate this contract on thirty (30) days advance written
notice. Customers shall pay for all goods and services received through the effective date of
termination.
Department of/nformaiion Resources Page ] of3 (DJR rev 03/10115)
V. GOVERNING LAW AND OTHER REPRESENTATIONS:
DIR Customer:
[ ] Unit of Texas Local Government hereby certifying that is has statutory authority to perform its
duties hereunder pursuant to Chapter , Texas Code.
[X] Non-Texas State agency or unit of local government of another state hereby certifying that it
has statutory authority to enter in to this Interlocal Agreement and perform its duties hereunder
pursuant to Palm Springs Municipal Code Section 7.09.010.
VI. CERTIFYING FUNCTION:
Department of Information Resources acting as the owner of the DIR Contracts hereby certifies the
{ eligibility of the DIR Customer to use the DIR Contracts,
VIL TERMS AND CONDITIONS FOR OUT OF STATE DIR CUSTOMERS:
SELECTIONS PER THE GOVERNING LAW OF THE OUT OF STATE DIR CUSTOMER:
1. DIR Customer's use of the DIR Contracts shall be governed by the law of the State of
State of Californa, excluding the conflicts of law provisions.
2. Exclusive Venue for litigation arising from use of the DIR Contracts is
Riverside County, California.
3. The following dispute resolution procedures shall be used to resolve disputes arising from use
of the DIR Contracts. IF issues arise regarding interpretation of this Contract or the
performance, or the alleged failure of a party to perform, the party raising the question or
making the allegation shall give written notice thereof to the other party. The parties shall
promptly meet and use best effort to resolve the issues. IF the parties fail to resolve the issues,
alternative forms of dispute resolution, including mediation, may be pursued by mutual
agreement. It is the express intent of the parties that litigation be avoided as a primary means
of dispute resolution.
Vlll. Notification
All notices under this Interlocal Contract shall be sent to a party at the respective address indicated
below.
DIR Customer:
Procurement & Contracting
3200 E. Tahquitz Canyon Way
Palm Springs, California 92262
Phone Number: 760-322-8368
Facsimile: 760-323-8238
Email: Craig.Gladders@paImspringsca.gov
Department oflnformation Resources Page 2 of 3 (D1R rev 03/10/15)
This Interlocal Cooperation Contract is executed to be effective as of the date of the last party to sign.
City of Palm Springs
Authorized
Name: David Ready 7M;W�,1011�k
ATTORNEY
Title: City Manager
Date: o4lo2 f ZOIS
APPROVED BY CITY MANAGER
Crry c6vfl-C- !4o Cosr A tob 74
THE STATE OF TEXAS, acting by and through the DEPARTMENT OF INFORMATION
RESOURCES
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Authorized By:
Name: Dale Richardson
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Title: Chief Operations Officer
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Date:
Office of General Counsel:
Department oflnjormationResources Page 3of3 (DIRrev03/10/15)