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TIPS Agreement 06-05-2018WESTLAKE ACADEMY RESOLUTION 18-03 A RESOLUTION OF THE WESTLAKE ACADEMY BOARD OF TRUSTEES AUTHORIZING THE APPROVAL OF AN INTERLOCAL AGREEMENT WITH THE REGION VIII EDUCATION SERVICE CENTER TO PROVIDE COOPERATIVE PURCHASING SERVICES THROUGH A PROGRAM KNOWN AS THE INTERLOCAL PURCHASING SYSTEM (TIPS) PROGRAM. WHEREAS, Westlake Academy, an open-enrollment charter school operated by the Town of Westlake, Texas, ("Participant")pursuant to the authority granted under Chapter 791 Government Code, as amended, desires to participate in the TIPS Purchasing Cooperative offered by Region VIII Education Service Center, and in the Opinion that participating in this program will be in the best interest of the citizens of Westlake as well as the students, their parents, and faculty of Westlake Academy. NOW, THEREFORE, BE IT RESOLVED that Board of Trustees of Participant requests a stated need for participation in The Interlocal Purchasing System (TIPS) offered by the Region VIII Education Service Center. SECTION 1: That, all matters stated in the recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That, the Board of Trustees Westlake Academy hereby approves this resolution and agreement for Westlake Academy to participate in the Region VIII Education Service Center TIPS Purchasing Cooperative. SECTION 3: If any portion of this resolution and agreement shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 4: That this resolution shall become effective from and after its date of passage. BE IT FURTHER RESOLVED that the Board of Trustees of Participant authorizes its Superintendent to execute any and all documents and take whatever action necessary to carry out the desires of the Board of Trustees as stated herein. Resolution WA 18-03 Page 1 of 2 I certify that the foregoing is a true and correct copy of the resolution and agreement adopted by the Board of Trustees of Westlake Academy and that the same is reflected in the minutes of the Board meeting held on June 4, 2018. PASSED AND APPROVED ON THIS THE 4th DAY OF June,2018. Carol Langdon;Trustee ATTEST: Kelly Edw• s, Board Secretary Thomas E. Bryrner,,yup •intendent E APPRO S FO 5;i J S. Bube or . tanton Lowry, School Attorney Resolution WA 18-03 Page 2 of 2 AN INTERLOCAL AGREEMENT Between Region 8 Education Service Center and a TEXAS PUBLIC ENTITY OR LOCAL GOVERNMENT School, College, University, State, City, County, or Other Political Subdivision) WESTLAKE ACADEMY TEXAS PUBLIC ENTITY NAME Control Number(TIPS will Assign) Schools enter County-District Number Region 8 Education Service Center 225 - 950 Pittsburg, Texas 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 an Interlocal agreement to provide such services is granted under Texas Government Code § 791 et seq as amended. Cooperative Purchasing Services under this agreement are extended to all Texas State, City or County Government Agencies, or any other legally eligible Local Government Entity as defined in the Texas Government Code §791.003. This Interlocal Agreement (hereinafter the "Agreement") is effective June 4, 2018 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 any time 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 8 Education Service Center, by this Agreement, agrees to provide cooperative purchasing services to the above-named public entity through a Program known as The Interlocal Purchasing System (TIPS) Program. The purpose of the TIPS Program shall be to improve procurement process efficiencies and assist in achieving best value for participating School District, University, College, Community College, City, County or Other Public Agenciesthrough cooperative purchasing. Roles of the TIPS Purchasing Cooperative: Provide for the organizational structure of the program. Provide staff for efficient operation of the program. Promote marketing of the TIPS Program. Coordinate the Competitively Bid Process for all Vendor Awarded Contracts. Provide members with procedures for placing orders through TIPS PO System. Maintain filing system for Due Diligence Documentation. Collect fees from vendors to support the costs of operations of TIPS. Role of the Public Entity: Commit to participate in the program by an authorized signature on membership forms. Designate a Primary Contact and Secondary Contact for entity. Region 8 ESC TIPS Interlocal Agreement for Texas Members Revised 2-27-2017- RP Page 1 of 3 Res 18-04 TX220810 Commit to purchase products and services from TIPS Vendors when in the best interest of the entity. Submit Purchase Orders and/or Vendor Contracts through the TIPS PO System byemailing the pdf document to tipspo@tips-usa.com. Accept shipments of products ordered from Awarded Vendors. Process Payments to Awarded Vendors in a timely manner. 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 shal l be governed by the law of the State of Texas and venue shall be in the county in which the administrative offices of RESC 8 are located which is Camp 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 legally appropriated and budgeted available funds for the current fiscal year of each such entity. No jointly owned property shall be created by this agreement and,therefore, no provision to dispose of jointly held property is required. 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. The site of the mediation shall be in Camp County, Texas or a site mutually agreed by the parties. The selection of the mediator shall be mutually agreed. The cost of mediation shall be shared equally.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. 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 electronic means and the terms and conditions agreed to are binding upon the Parties. Authorization: Region 8 Education Service Center and The Interlocal Purchasing System (TIPS) Program have entered Region 8 ESC TIPS Interlocal Agreement for Texas Members Revised 2-27-2017- RP Page 2 of 3 Res 18-04 into an Agreement to provide cooperative purchasing opportunities to public agencies. 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 Chapter 551. If required by the entity.) The individuals signing below are authorized to do so by the respective parties to this Agreement. Member Entity: Purchasing Cooperative Lead Agency: Region 8 Education Service Center Westlake Academy Entity or District Name By: By: Authorized Signature Authorize Si ature Dr. David Fitts Title: Executive Director Region 8 ESC Print Name: Thomas E. Brymer Title: Superintendent X 5-11 b Date Date Public Entity Contact Information Jason Power 817-490-5758 Primary Purchasing Person Name Fax Number 2600 JT Ottinger Road jpower@westlakeacademy.org Street Address Primary Person Email Address Westlake, TX 76262 Dr. Mechelle Bryson City, State Zip Secondary Person Name 817-490-5750 mbryson@westlakeacademy.org Telephone Number Secondary Person Email Address The state of Texas requires an Interlocal Agreement be approved by the respective entities governing board. You may email completed Interlocal Agreement to tips@tips-usa.com. Region 8 ESC TIPS Interlocal Agreement for Texas Members Revised 2-27-2017- RP Page 3 of 3 Res 18-04 6/5/18