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11-066 - RTOWN OF PROSPER, TEXAS RESOLUTION NO. 11 -66 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL AGREEMENT BETWEEN THE REGION 8 EDUCATION SERVICE CENTER, WHICH SPONSORS THE INTERLOCAL PURCHASING SYSTEM, (TIPS /TAPS), PROVIDING FOR A COOPERATIVE PURCHASING PROGRAM FOR GOODS AND SERVICES; DESIGNATING MATTHEW GARRETT, FINANCE DIRECTOR, AS OFFICIAL REPRESENTATIVE OF THE TOWN OF PROSPER RELATING TO THE PROGRAM. WHEREAS, the Town of Prosper, Texas has been presented a proposed Interlocal Agreement by and between the Region 8 Education Service Center, which sponsors The Interlocal Purchasing System, and the Town of Prosper, Texas and found to be acceptable and in the best interests of the Town of Prosper, Texas and its citizens, are hereby in all things approved; and WHEREAS, the Town of Prosper, Texas, pursuant to the authority granted under Sections 271.101 to 271.102 of the local Government Code, desires to participate in the described purchasing program sponsored by the Region 8 Education Service Center which is known as The Interlocal Purchasing System, and in the opinion that participation in this program will be highly beneficial to the taxpayers through the anticipated savings to be realized.. BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF PROSPER, TEXAS: Section 1. The Terms and conditions of the agreement having been reviewed by the Town Council of the Town of Prosper, Texas and found to be acceptable and in the best interests of the Town of Prosper, TX and its citizens are hereby in all things approved. Section II. Matthew Garrett, the Finance Director of the Town of Prosper, Texas under the direction of the Town Council of the Town of Prosper, Texas is hereby designated to act for the Network including the designation of specific contracts in which the Town of Prosper, Texas desires to participate. Section III. This resolution shall become effective from and after its passage. DULY PASSED AND APPROVED b� the Town Council of the Town of Prosper, Collin, and Denton Counties, Texas on this the 13' day of December, 2011 by vote of 7 -0. Ray Smith, Mayor ATTEST: Amy Piuk C; Town Secretary Resolution 11 -66 INTERLOCAL AGREEMENT Region VIII Education Service Center TEXAS PUBLIC AGENCY (School, College, University, State, City or County Office) Town of Prosper, Texas Region VIII Education Service Center Mt. Pleasant, Texas Control Number (TIPS will Assign) Schools enter 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, colleges and universities in improving student performance and increasing the efficiency and effectiveness of school, college and university operations. Authority for such services is granted under Texas Government Code §§ 791.001 et seq as amended. Cooperative Purchasing Services are extended to all Texas State, City and County Government Agencies. 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 agency through a Program known as the The Interlocal Purchasing System (TIPS /TAPS) Program. The purpose of the TIPS/TAPS Program shall be to obtain substantial savings for participating school entities or public agencies through cooperative purchasing. Role of the TIPS /TAPS Purchasing Cooperative: 1. Provide for the organizational and administrative structure of the program. 2. Provide staff necessary for efficient operation of the program. 3. Provide marketing of the program to expand membership, number of vendor awarded contracts and commodity categories. 4. Initiate and implement activities required for competitive bidding and vendor award process including posting, advertising, collecting proposals, scoring proposals, and award of contracts. 5. Provide members with procedures for ordering, delivery, and billing. 6. Maintain filing system for all bidding procedure requirements. Page 2 of 3 INTERLOCAL AGREEMENT, continued Role of the Public Agency: 1. Commitment to participate in the program by an authorized signature on membership forms. 2. Designation of Primary Contact and Technology Contact for agency. 3. Commitment to purchase products and services from TIPS/TAPS Vendors when in the best interest of the agency. 4. Prepare purchase orders issued to TIPS/TAPS Awarded Vendor and FAX to TIPS/TAPS. 5. Accept shipments of products ordered from Awarded Vendors in accordance with standard purchasing procedures. 6. Pay Awarded 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/TAPS) Program have entered into an Agreement to provide cooperative purchasing opportunities to public agencies. If 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 signipg b9tbw are authorized to do so by the respective parties to this Agreement. Public Agency By: Region Vnill Education Service Center By: "[ °�i . Authorized Signature �( Authorized Signat re Title: Ke 4LU, 'C-Title: Executive Director Region VIII ESC 12 -J5= t I OliD2.W12 Date Date e T Public Agency Contact Information Matthew Garrett Primary Purchasing Person Name PO Box 307 Street Address Prosper, TX 75078 City, State Zip (972) 569 -1019 Telephone Number (972) 346 -9335 Fax Number matthew garrett(a-prospertx.gov Primary Person Email Address Chris Moore with NCC DATA ( Outsourced IT) Technology Person Name support(a)-nccdata.com Technology Person Email Address Please send two signed original Interlocal Agreements and one copy of Board Resolution (if required) to TIPS /TAPS, Attn: Kim Thompson, C/O 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.