ALL OTHER STATE ENTITIES

TIPS Online Membership Form: Adopted by Region 8 ESC Board February 26, 2015, updated October 2023. TIPS Online Membership Agreement: For use when an Interlocal Governmental Agreement determines, with the assistance of counsel where necessary, that an online membership agreement is sufficient for interlocal cooperation (NOT VALID FOR TEXAS GOVERNMENTAL ENTITIES) The 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 financial operations. Region 8 Education Service Center is an Education Service Center which is defined as a “political subdivision” in Texas Education Code 8.009 and falls under the definition of “Unit of State Government” in Chapter 2260 of the Texas Government Code. Pursuant to Section 791 of the Texas Government Code (The Interlocal Cooperation Act) to increase the efficiency and effectiveness of local governments, Region 8 Education Service Center may enter into an interlocal agreement with any political subdivision or local government of this state or any other state to provide purchasing functions and services. This agreement, when executed by the parties, permits the member entity, when permitted under applicable purchasing cooperative statutes of the home jurisdiction of the member entity, to make lawful purchases though TIPS contracts under the same terms and conditions and proposed pricing as lawfully awarded by TIPS for the purposes of TIPS or its members. The purpose of the TIPS Program shall be to increase efficiency, effectiveness and to obtain substantial savings for participating public and qualifying non-profit entities or public entities through cooperative purchasing. Disclaimer: Each Member entity is responsible for identifying and following their applicable state or federal procurement statutes and policies when utilizing cooperative purchasing agreements, or joint power agreements with another state’s public entities, such as TIPS. In addition, the Member is responsible for ensuring the vendor complies with the terms and conditions of the contract and Members are solely responsible for dispute resolution with a non- performing vendor. TIPS cannot advise on the legality of a purchase and shall not be responsible if the Member proceeds with a cooperative purchase when doing so is not appropriate. TIPS will endeavor to provide assistance with vendor relations and compliance to the extent it is feasible. Vision: TIPS will continue to become the premier purchasing cooperative in North America through the qualifying and procurement of quality vendors and through serving all public entities and qualifying non-profits. Purpose: The purpose of this Agreement shall be to improve procurement process efficiencies and assist in achieving best value for the participating public entities through cooperative purchasing. Duration: This Agreement is effective immediately and shall be in effect for one (1) year and automatically renews for an additional year annually. The Agreement may be terminated without cause immediately if the public entity Member provides written notice of termination to Region 8 Education Service Center or if Region 8 Education Service Center provides the public entity Member Sixty (60) days prior written notice of termination. 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. Role 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 Solicitation 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 as the method of financing this undertaking and supporting the operational costs of TIPS. Role of the Public Entity: Commit to participate in the program by an authorized signature on membership forms. Designate and keep current a Primary Contact and Secondary Contact for entity. 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 by emailing the pdf document to [email protected]. Accept shipments of products ordered from Awarded Vendors. Process Payments to Awarded Vendors in a timely manner. Report all TIPS purchases to TIPS through TIPS authorized methods. Determine when a TIPS purchase is legal and appropriate under Federal, State, and Local law and policy before proceeding with a TIPS purchase. This Agreement, inclusive of its references, represents the entire, agreement between the Member and TIPS. No other agreements, verbal or otherwise, are valid unless agreed by the parties in writing or through electronic communication. Electronic communication may include registering with TIPS via the TIPS website and agreeing to terms and conditions through that registration process or updates thereto. This agreement may be modified from time to time, upon which the parties may agree to the changes in writing or by an electronic communication as described above. 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. No joint agency or joint real property ownership is created by this Agreement. 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 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. 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. 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 into an Agreement to provide cooperative purchasing opportunities to entities as outlined above through awarded vendor agreements procured by public solicitation in accordance with applicable Texas statutes. I affirm that by submitting this agreement to TIPS, that I am an authorized signatory to act for and bind the entity that I am registering at this time. I certify that by submitting this agreement that all statements and information provided to TIPS are true and correct to the best of my knowledge and belief. The submitting party understands that any statements and information submitted to TIPS, a government entity, are subject to additional scrutiny and verification and falsifying information is subject to civil and criminal penalties.