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2009-064 (2)RESOLUTION M. p1a4 STATE OF TEXAS ) TO THE REGION VIII Tarrant ) EDUCATION SERVICE COUNTY OF ) CENTER WHEREAS, the Governing Board of City Of Southlake Southlake , Texas, pursuant Named Pubhc Agency) (City) to the authority granted by Sections 271.081-271.083 Local Government Code, V.T.C.A., as amended, desires to participate in described purchasing programs of the Region VIII Education Service Center, and in the opinion that participation in these programs will be highly beneficial to the taxpayers through the anticipated savings to be realized, now therefore, be it RESOLVED that we request the Region VIII Education Service Center to include a stated need for : [ X ] The Interlocal Purchasing System (TIPS) On the Region VIII Education Service Center's annual contracts for the above items, whereby Tim Slifka , is authorized and directed to sign and deliver all or any necessary requests Name ofAuthoring Person) and other documents in connection therewith for and on behalf of City of Southlake Named Public Agency) I certify that the foregoing is a true and correct copy of the Resolution duly adopted by the Governing Board of City of Southlake and that the same now appears of record in my office. Named Public Agency) In witness thereof, I have hereunto set my hand and affixed my official seal this Ardday of 20N. By: C) 4Moreing Signature) John IeerWI Printed Authoriiing Name) fYla4cv- This legal document will remain current on rile until either party severs the agreement. I. INTERLOCAL AGREEMENT Region VIII Education Service Center PUBLIC AGENCY City of Southlake Public Agency Region VIII Education Service Center OFFICIAL RECORD County -District Number 225 - 950 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 in improving student performance and increasing the efficiency and effectiveness of school operations Authority for such services is granted under Texas Government Code §§ 791.001 et seq as amended. This Interlocal Agreement (hereinafter the "Agreement") is effective _& d :V,, o I Dq 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 agency through a Program known as the The Interlocal Purchasing System (TIPS) Program. The purpose of the TIPS Program shall be to obtain substantial savings f or participating public agencies through volume purchasing. Role of the Purchasing Cooperative: Provide for the organizational and administrative structure of the program. 2. Provide staff time necessary for efficient operation of the program. 3. Receive quantity requests from entities and prepare appropriate tally of quantities. 4. Initiate and implement activities related to the bidding and vendors selection process. Provide members with procedures for ordering, delivery, and billing. Role of the Public Agency: Commit to participate in the program by an authorized signature in the appropriate space below. 2. Designate a contact person for the cooperative. Page 2 of 3 INTERLOCAL AGREEMENT, continued 3. Commit to purchase products and services that become part of the official products and services list when it is in the best interest of the member entity. 4. Prepare purchase orders issued to the appropriate vendor from the official award list provided by the Purchasing Cooperative. Accept shipments of products ordered from vendors in accordance with standard purchasing procedures. 6. Pay vendors in a timely manner for all goods and services received. 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 Titus 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. Page 3 of 3 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 Act, Texas Government Code ch. 551. The individuals signing below are authorized to do so by the respective parties to this Agreement. Pub7;a By: Title: n6m 0CM a Date Tim Slifka Public Agency Purchasing Contact Person 1400 Main Street Suite 440 Street Address Southlake Texas 76092 City, State Zip 817-748-8312 Purchasing Contact's Telephone Number 817-748-8048 Purchasing Contact's Fax Number tslifka@ci.southlake.tx.us Purchasing Contact's Email Address Region VIII Education Service Center By: Y -.,- Mr. arvey B. Hohen r, Jr., Title: Executive Director Region V III ESC 6 - Date Dale Dean Public AgencyTechnology Contact Person 1400MAIN STREET SUITE 420 Street Address Southlake Texas 76092 City, State Zip 817-748-8086 Technology Contact Telephone No. 817-748-8265 Technology Contact Fax Number ddean@ci.southlake.tx.us Technology Contact's Email Address Please send two signed original Interlocal Agreements to the Region VIII ESC, Attn: Mr. Harvey B. Hohenberger, Jr., Executive Director, Region VIII Education Service Center, PO Box 1894, Mt. Pleasant, Texas 75456-1894. Upon execution, a signed original will be returned to the Purchasing Contact listed above.