HomeMy WebLinkAbout2022-111Contract No. DIR-ICC- XXX
INTERSTATE COOPERATION CONTRACT
FOR THE TEXAS DEPARTMENT OF INFORMATION RESOURCES
COOPERATIVE CONTRACTS PROGRAM
THIS INTERSTATE COOPERATION CONTRACT (this "ICC") is entered into by and between Indian
River County, a political subdivision of the State of Florida with its principal place of business
at 1800 27th Street, Vero Beach, FL 32960 ("Customer') and the STATE OF TEXAS, acting by
and through the DEPARTMENT OF INFORMATION RESOURCES ("DIR"), with its principal place of
business at 300 West 15th Street, Suite 1300, Austin, Texas 78701, pursuant to the authority
granted and in compliance with the provisions of Section 2054.0565, Texas Government Code.
1. STATEMENT OF PURPOSE:
The purpose of this ICC is to allow Customer to use contracts entered into under Section
2157.068, Texas Government Code (the "Cooperative Contracts"), to purchase information
technology commodity items in accordance with Section 2054.0565, Texas Government Code,
and the terms of such Cooperative Contracts.
II. AUTHORIZING LAW AND OTHER CUSTOMER REPRESENTATIONS
Customer hereby represents and warrants that:
a. Customer has the statutory authority to execute this ICC and perform its duties
hereunder pursuant to Chapter 163, Florida Statute;
b. Customer has the statutory authority to use the Cooperative Contracts to purchase
information technology commodity items pursuant to Chapter 163, Florida Statute;
and
c. Customer has received, or will receive, all requisite authorizations, approvals, and
consents necessary to execute a Purchase Order (as defined in the Cooperative Contract)
under a Cooperative Contract and perform its duties thereunder prior to executing any
such Purchase Order.
III. CONFIRMATION OF ELIGIBILITY
In reliance upon Customer's above representations, DIR hereby confirms the eligibility of
Customer to use the Cooperative Contracts to purchase information technology commodity
items.
IV. PAYMENT FOR GOODS AND SERVICES:
a. Customer shall comply with Chapter 2251, Texas Government Code, in making payments
for Purchase Orders issued under a Cooperative Contract. Payment under a Cooperative
Contract shall not foreclose the right to recover wrongful payments.
b. Customer agrees that pricing for purchases of goods and services under the Cooperative
Contracts shall be in accordance with the terms thereof. Customer understands that
pricing to Customer under the Cooperative Contracts includes a DIR Administrative Fee
(as defined in the Cooperative Contract).
Department of Information Resources
Interstate Cooperation Contract Page 1 Revised June 2022
Contract No. DIR-ICC- XXX
c. All purchases executed under a Cooperative Contract will require Customer to execute a
Purchase Order.
V. TERM OF ICC:
This ICC shall begin when fully executed by both parties and shall continue until terminated.
Either party may terminate this ICC on thirty (30) days advance written notice. All Purchase
Orders entered into by Customer in reliance on this ICC shall survive the termination of this ICC
for the then -current term of such Purchase Order, except as provided by the applicable
Cooperative Contract. Termination of this ICC shall not excuse Customer from performance of
any such surviving Purchase Orders in accordance with the terms thereof, including all payment
obligations.
VI. CHOICE OF LAW
This ICC shall be governed by and construed in accordance with the laws of the State of Texas,
without regard to the conflicts of law provisions. In any litigation where DIR is a party, and subject
to the requirements of Chapter 2260, Texas Government Code, the exclusive venue of any such
suit arising under this ICC is fixed in the state courts of Travis County, Texas.
VII. Notification
All notices under this ICC shall be sent to a party at the respective address indicated below.
If sent to DIR:
Hershel Becker, Chief Procurement Officer
Department of Information Resources
300 W. 15th Street, Suite 1300
Austin, Texas 78701
If sent to Customer:
Contact Name: Jennifer Hyde, Purchasing Manager
Address: 1800 27th Street
City, State, Zip Code: Vero Beach, FL 32960
Phone Number: 772-226-1575
Email: jhyde@ircgov.com
Department of Information Resources
Interstate Cooperation Contract Page 2 Revised June 2022
Contract No. DIR-ICC- XXX
IN WITNESS WHEREOF, this Interstate Cooperation Contract is executed to be effective as of the
date of the last signature hereto.
CUSTOMER
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Indian River County
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Authorized By: v Qe
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Name: Peter D. O'B an Chairman Board of County Comn}v+ f 't��o;
Date: June 14, 2022
Attes rey R. Smith, Clerk of the Court and Comptroller
By: Det/
Approv
Jason E. B w , County Administrator
Approved as to form and legal sufficiency:
Dylan Reingold, County Attorney
The State of Texas, acting by and through the DEPARTMENT OF INFORMATION RESOURCES
Authorized By:
Name:
Title:
Date:
Office of General Counsel:
Department of Information Resources
Interstate Cooperation Contract
Page 3
Revised June 2022