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Home My WebLink About15714 1 RESOLUTION NO. 15,714 2 3 A RESOLUTION TO AUTHORIZE THE CITY MANAGER TO ENTER 4 INTO AN INTERSTATE COOPERATION CONTRACT WITH THE 5 STATE OF TEXAS THROUGH THE TEXAS DEPARTMENT OF 6 INFORMATION RESOURCES; AND FOR OTHER PURPOSES. 7 8 WHEREAS,the City of Little Rock("City")has need to purchase information resources technologies; 9 and, 10 WHEREAS, the Texas Department of Information Resources manages all Texas State contracts 11 relating to technology equipment, software,and services; and, 12 WHEREAS,through the Texas Department of Information Resources, the City can procure a broad 13 range of information resources technologies at reasonable prices; and, 14 WHEREAS,the Texas Department of Information Resources Contract will satisfy the requirement to 15 seek competitive bids for the purchase of goods and services and the City will be able to procure information 16 resources technologies through existing vendor contracts and vendor contracts that Texas Department of 17 Information Resources may enter during the term of this interstate cooperation contract; and, 18 WHEREAS, the City wishes to enter the Texas Department of Information Resources Contract, 19 attached here as Exhibit A;and, 20 WHEREAS, authority is granted for the provision of joint cooperative action among political 21 subdivisions pursuant to the Interlocal Cooperation Act, codified at Ark. Code Ann. § 25-20-108, the 22 Interlocal Cooperation Act codified at Section 2054.0565 of the Texas Government Code,and as otherwise 23 provided by law. 24 NOW,THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY 25 OF LITTLE ROCK,ARKANSAS: 26 Section 1. The City Manager is authorized to execute an Interstate Cooperation Contract with the State 27 of Texas,attached hereto for reference as Exhibit A, acting by and through the Department of Information 28 Resources,which will enable the City to purchase information resource technologies without the need for 29 competitive bidding. 30 Section 2. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or 31 word of this resolution is declared or adjudged to be invalid or unconstitutional, such declaration or 32 adjudication shall not affect the remaining portions of the resolution which shall remain in full force and 33 effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of the 34 resolution. !Page 1 of 51 1 Section 3. Repealer. All resolutions, bylaws, and other matters inconsistent with this resolution are 2 hereby repealed to the extent of such inconsistency. 3 ADOPTED: June 21,2022 4 ATT S '41111 APPROVED: 5 110 6 111111111.4at,!how" -4J4^ 7c7s: 1 � ,1: ity Clerk Frank Scott,Jr.,Mayo 8 APPRO I I Mr 0 LEGAL FORM: 9 10 al. . 11 Thomas M.Carpenter,City Attorne 12 // 13 // 14 // 15 // 16 // 17 // 18 // 19 // 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 // 29 // 30 // 31 // 32 // 33 // 34 // 35 // [Page 2 of 51 Exhibit A 2 Dip No DR- ICC-INTERSTATE COOPERATION CONTRACT(ICC) for Texas Department of Information Resource Technology Contracts THIS INTERSTATE COOPERATION CONTRACT is entered into by arid between with its principal ptace of business at and the STATE OF TEXAS,acting by and through the DEPAPTMENT OF INFORMATION RESOURCES.300 West 15" Street, Suite 1300, Austin,Texas 78701,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 1. STATEMENT OF PURPOSE: The purpose of this Interstate Cooperation Contract [Contract) is to allow DIP Customer to purchase n;orrnation resources technologies through DIR Contracts H. CONSIDERATION: a Per the Interlocal Cooperation Act,Texas Government Code,i 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 allow DIR Customer to procure information resources technologies through existing Vendor contracts and vendor contracts that DIP may enter into during the term of this interstate cooperation contract, in accordance with specifications submitted through purchase orders from Customer.Alt DIP vendor contracts shall be made available to the DIP Customer via the DIP Internet web site. DIR Customers utilizing the Cooperative Contracts shall issue a Purchase Order directly to the relevant Vendor. DIP Customers utilizing a DIP Contract for which D=R is the fiscal agent. the DIR Customer's Purchase Order shall be issued to D.P. c. DIP Customer agrees to notify DR of any substantial problems in quality or service in relations with a vendor under a DIP vendor contract. HI. 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 DIP Contract shall not foreclose the right to recover wrongful payments b. Payments must be made in accordance with laws and procedures applicable to DIP Customer. c. DIP Customer agrees to pay the rates and/or prices set by DIP with its vendors. DIP Customer understands these rates andior prices include a DIR administrative fee d. Ail purchases executed under a DIR Contract will require a DIR Customer purchase order IV. TERM OF CONTRACT: This nterstate Cooperation Contract shall begin when fully executed by both parties and shall continue 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. V. GOVERNING LAW AND OTHER REPRESENTATIONS DIP Customer. ED Unit of Texas Local Government hereby certifying that is has statutory authority to perform its duties hereunder pursuant to Chapter Code EXHIBIT A . 3 3OCM.V+,t c �rxrace^rc v nac: :er 3 IDM rev 1:28/297.r 4 // 5 // 6 // [Page 3 of 51 DAR No:DIR-ICC- Non-Texas State agency or unit of local government of another state hereby certifying that it has statutory authority to enter in to this Interstate Cooperation Contract and perform its duties hereunder pursuant to - Customer that is neither a unit of Texas Local Government nor a Non-Texas State agency or unit of local government of another state hereby certifies that it has statutory authority to enter in to this Interstate Cooperation Contract and perform its duties hereunder pursuant to 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. VII.TERMS AND CONDITIONS FOR OUT OF STATE DIR CUSTOMERS: SELECTIONS PER THE GOVERNING LAW OF THE OUT OF STATE DIR CUSTOMER: 1. In any issue concerning this Interstate Cooperation Contract, or the DIR Contracts, in which DIR is involved shall be governed by the law of the State of Texas,excluding the conflict of law provisions. 2. Exclusive Venue for any litigation whatsoever involving DIR is the state district court of Travis County, Texas. 3.. DIR Customer's use of the DIR Contracts shall be governed by the law of the State of excluding the conflicts of law provisions. 4_ Exclusive Venue for litigation arising between DIR Customer and Vendor from use of the DIR Contracts is 5. The following dispute resolution procedures shall be used to resolve disputes arising from use of the DAR Contracts VIII. Notification All notices under this Interstate Cooperation Contract shall be sent to a party at the respective address indicated below. If sent to the DIR: Hershel Becker or Successor in Office Chief Procurement Officer Department of Information Resources 300 W.15th Street,Suite 130C Austin,Texas 78701 Facsimile:1512)475-4700 DIR Customer: Contact Name: Customer Name: Address: City,State,Zip Code: Phone Number: Facsimile: Email: Dopa•tr ent of rnfc"nonon Rssourrss Pape 2 of 3 (DIP new 1r2B/20201 1 2 // 3 // 4 // 5 // 6 // 7 // [Page 4 of 51 D4R No:DIR-ICC- This Interstate Cooperation Contract is executed to be effective as of the date of the last party to ugn. (insert Entity Name here) Authorized By: Name: TRle: Date: THE STATE OF TEXAS,acting by and through the DEPARTMENT OF INFORMATION RESOURCES Authorized By: Name: Hershel Becker Title: Chief Procurement Officer Date: Office of General Counsel: Dace: 1 2 // 3 // 4 // 5 // 6 // 7 // 8 // 9 // 10 // 11 // 12 // [Page 5 of 5]