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R-12-04-26-F3 - 4/26/2012 RESOLUTION NO. R-12-04-26-F3 WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A., authorizes local governments and agencies of the state to enter into agreements with one another to perform governmental functions and services, and WHEREAS, the City of Round Rock wishes to enter into an Interlocal Agreement with Region VIII Education Service Center for cooperative purchasing services,Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an Interlocal Agreement with the Region VIII Education Service Center, a copy of same being attached hereto as Exhibit"A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 26th day of April, 2012. / r ` ALAN MCGRAW, Mayor City of Round Rock, Texas ATTEST: SARA L. WHITE, City Clerk O:\wdox\SCClnts\0112\1204\MUNICIPAL\00248281.DOC/mc EXHIBIT «A„ INTERLOCAL AGREEMENT Region VIII Education Service Center TEXAS PUBLIC AGENCY (School, College,nnlIUniversity, State, City or County Office) C;4:!!, o�r e o� ICS - TEXAS SCHOOE ENTITY OR PUBLIC AGENCY Control Number(TIPS will Assign) Schools enter County-District Number Region VIII Education Service Center 225 - 950 Mt. Pleasant, 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 such services is granted under Texas Government Code §§ 791.001 of 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 TIPSITAPS 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. . r 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. Public Agency Region VIII Education Service Center By: By: Authorized Signature Authorized Signature Title: Title: Executive Director Region VIII ESC Date Date Public Agency Contact Information Primary Purcha ing Person Name Im f- • Street Address T`11.cu.la 12oe.�c. l X 7glol'a� City, State Zip 517-- ZI'g -5451 Telephone Number sI 2- Z49- 544x. Fax Number b b"er & ro t+Ary k-4 em's. 4 0✓ Primary Person-E-mail Address brooks 8r-r%r%e-4 Technology Person Name hb*-Ar%rr4 0 YT 0.4 W V- '1Lku'et's ov 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. 1ROUNDROCK,TEW City Council Agenda Summary Sheet PURPOSE PASSION PROSPERITY Agenda Item No. F3-CONSENT Consider a resolution authorizing the Mayor to execute an Interlocal Agreement with the Agenda Caption: Region VIII Education Service Center for Cooperative Purchasing. Meeting Date: April 26, 2012 Department: Finance Staff Person making presentation: Cheryl Delaney Finance Director Item Summary: State law allows Cities to enter into Interlocal Agreement between governmental bodies to satisfy state bidding requirements when purchasing goods and services. The purpose of this agreement is to provide the City another option to facilitate compliance with State bidding requirements and realize administrative cost savings. This agreement is very similar to other co-op's that the City's Purchasing Department uses for purchasing commodities and services as well as a source to use when comparing vendor's costs. This particular agreement will provide access to vendors that provide audio visual equipment and services, asphalt and paving services, telephone equipment and repair services, fire and emergency rescue vehicles as well as a wide variety of other vendor's providing commodities and services that could be used by the City as a need arises. Cost: N/A Source of Funds: N/A Date of Public Hearing(if required): N/A Recommended Action: Approval X E n' k pyp E: k } E 5 ty F i 4 k DOCU M ENTS gg4, 1 INTERLOCAL AGREEMENT Region VIII Education Service Center TEXAS PUBLIC AGENCY (School, College, University, State, City or County Office) TEXAS SCHOO11 ENTITY OR PUBLIC AGENCY Control Number(TIPS will Assign) Schools enter County-District Number Region VIII Education Service Center 225 - 950 Mt. Pleasant, 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 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 12d Z 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 Vlll 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. is 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 TIPSITAPS 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. i r 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. !f 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 s 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. 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. Public A9f ncy RegionAl Education Service Center By: 1'►� By: • Authorized Signature V Authorized Signat re Title: A'Aldkl�C�QW, Title: Executive Director Region VIII ESC 4•�•cam- x51031 Date Date Public Agency Contact Information Ta'rr!j ` tom' etke r- Primary Purcha ing Person Name -L. -t i . 1Ut'n 5�. _ Street Address y City, State Zip Telephone Number 512- Z. 544 x. Fax Number b eek er- & ro u,ccIc em-5. o✓ Primary Person -mail Address (5rooks 18er\Ne4 Technology Person Name 1A'e.hr\r--4 0 YVtk4rtV'L�cxas Technology Person Eimail 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.