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R-08-06-12-10C3 - 6/12/2008RESOLUTION NO. R -08-06-12-10C3 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 the City of Cedar Park for cooperative purchasing between the two cities using each other's respective bid terms and agreements, 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 City of Cedar Park, 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 12th day of June, SARA L. WHITE, City Secretary O:\WDOX\RESOLUTI\R80612C3.DOC/rmc ALAN MCGRAW, Mayor City of Round Rock, Texas INTERLOCAL AGREEMENT BETWEEN THE CITY OF ROUND ROCK AND THE CITY OF CEDAR PARK This agreement is made this 10TH day of April, 2008, between the City of Round Rock, Texas and the City of Cedar Park, Texas. Pursuant to the authority granted by the "Texas Interlocal Cooperation Act", Chapter 791, Texas Government Code, providing for the cooperation between local government bodies, the parties hereto, in consideration of the premises and mutual promises contained herein, agree as follows: Whereas, the parties, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and Whereas, the governing body of each party finds that the subject of this contract is necessary for the benefit of the public, and that each party has the legal authority to perform and to provide the governmental function or service which is the subject matter of this contract; furthermore, the governing body of each party finds that the performance of this contract is in the common interest of both parties, and that the division of cost fairly compensates the performing party for the services performed under this contract. I. The City of Cedar Park hereby makes, constitutes and appoints the City of Round Rock as its true and lawful purchasing agent for the purchase of various commodities or services provided by contracts or purchase agreements awarded by the City of Round Rock. Conversely, the City of Round Rock hereby makes, constitutes and appoints the City of Cedar Park as its true and lawful purchasing agent for the purchase of various commodities or services provided by contracts awarded by the City of Cedar Park. To utilize one or more of existing contracts, the non -contract -awarding city must notify the contract - awarding city. The non -contract -awarding city agrees that the contract -awarding city shall serve as the purchasing agent for selected items, and agrees that the bidding shall be conducted by the contract -awarding city according to its usual bidding procedures. II. Each party to this agreement agrees that all specifications for selected items or services shall be as determined by the contract -awarding city. III. Each party agrees to pay the supplier for the respective goods and services purchased pursuant to this Interlocal agreement. The successful bidder or bidders shall bill directly the city placing the order(s) for all goods and services purchased, and that city shall be responsible for the supplier or contractor's compliance with all conditions of delivery and quality of the procurement. EXHIBIT "An R82 -08-04-10-4G IV. The Round Rock City Manager, or his/her successor, is hereby designated as the official representative to act for the City of Round Rock in all matters relating to this agreement. The Cedar Park City Manager, or her/his successor, is hereby designated as the official representative to act for the City of Cedar Park in all matters relating to this agreement. V. This agreement shall take effect upon execution by both signatories. VI. Either party may terminate this agreement by giving the other party as least thirty (30) days' advance written notice of termination, provided all non -contested work accomplished or goods or services provided shall be paid for in accordance with the contract up to the date the termination becomes effective. VII. The City of Round Rock agrees to be responsible for any and all liability or damages to itself or any other party, individual, or entity arising from the sole negligence of itself. The City of Cedar Park agrees to be responsible for any and all liability or damages to itself or any other party, individual, or entity arising from the sole negligence of itself. The two parties agree that damages or liability occurring during the performance of this agreement found to be caused by the joint or comparative negligence of both parties, their agents, servants and employees, shall be determined in accordance with the comparative responsibility requirements of the State of Texas. VIII. If required by a large public works project, the parties agree that requirements will be incorporated for statutory bid bonds, performance and payment bonds, and materialmen bonds. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers the day and year first above written. CITY OF ROUND ROCK, TEXAS CITY OF CEDAR PARK, TEXAS By By elYVVOLOWIA674 .� Title Title City Manager Date Signed Date Signed y -/I-06 ATTEST: ATTEST: By By ©c-GCr,-Y-,.,`-/O. — City Secretary City Secretary APPROVED AS TO FORM: APPROVED AS TO FORM: By B (C) W /. City Attorney City Attorney R82 -08-04-10-4G DATE: June 4, 2008 SUBJECT: City Council Meeting — June 12, 2008 ITEM: *10C3. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement with Cedar Park allowing cooperative purchasing between the two cities. Department: Staff Person: Justification: Finance Cindy Demers, Finance Director This is a request from the City of Cedar Park to allow that city to benefit from the pricing resulting from competitive bid processes conducted by the City of Round Rock. This is a common practice among home -rule cities in Texas as a way of cost-effectively obtaining competitive pricing for high-cost materials and services used by cities. Funding: Cost: N/A Source of funds: N/A Outside Resources: City of Cedar Park Background Information: N/A Public Comment: N/A Executed Document Follows INTERLOCAL AGREEMENT BETWEEN THE CITY OF ROUND ROCK AND THE CITY OF CEDAR PARK This agreement is made this 10TH day of April, 2008, between the City of Round Rock, Texas and the City of Cedar Park, Texas. Pursuant to the authority granted by the "Texas Interlocal Cooperation Act", Chapter 791, Texas Government Code, providing for the cooperation between local government bodies, the parties hereto, in consideration of the premises and mutual promises contained herein, agree as follows: Whereas, the parties, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and Whereas, the governing body of each party finds that the subject of this contract is necessary for the benefit of the public, and that each party has the legal authority to perform and to provide the governmental function or service which is the subject matter of this contract; furthermore, the governing body of each party finds that the performance of this contract is in the common interest of both parties, and that the division of cost fairly compensates the performing party for the services performed under this contract. I. The City of Cedar Park hereby makes, constitutes and appoints the City of Round Rock as its true and lawful purchasing agent for the purchase of various commodities or services provided by contracts or purchase agreements awarded by the City of Round Rock. Conversely, the City of Round Rock hereby makes, constitutes and appoints the City of Cedar Park as its true and lawful purchasing agent for the purchase of various commodities or services provided by contracts awarded by the City of Cedar Park. To utilize one or more of existing contracts, the non -contract -awarding city must notify the contract - awarding city. The non -contract -awarding city agrees that the contract -awarding city shall serve as the purchasing agent for selected items, and agrees that the bidding shall be conducted by the contract -awarding city according to its usual bidding procedures. II. Each party to this agreement agrees that all specifications for selected items or services shall be as determined by the contract -awarding city. III. Each party agrees to pay the supplier for the respective goods and services purchased pursuant to this Interlocal agreement. The successful bidder or bidders shall bill directly the city placing the order(s) for all goods and services purchased, and that city shall be responsible for the supplier or contractor's compliance with all conditions of delivery and quality of the procurement. 1--o8 -0(-12-' 10L'3 R82 -08-04-10-4G IV. The Round Rock City Manager, or his/her successor, is hereby designated as the official representative to act for the City of Round Rock in all matters relating to this agreement. The Cedar Park City Manager, or her/his successor, is hereby designated as the official representative to act for the City of Cedar Park in all matters relating to this agreement. V. This agreement shall take effect upon execution by both signatories. VI. Either party may terminate this agreement by giving the other party as least thirty (30) days' advance written notice of termination, provided all non -contested work accomplished or goods or services provided shall be paid for in accordance with the contract up to the date the termination becomes effective. VII. The City of Round Rock agrees to be responsible for any and all liability or damages to itself or any other party, individual, or entity arising from the sole negligence of itself. The City of Cedar Park agrees to be responsible for any and all liability or damages to itself or any other party, individual, or entity arising from the sole negligence of itself. The two parties agree that damages or liability occurring during the performance of this agreement found to be caused by the joint or comparative negligence of both parties, their agents, servants and employees, shall be determined in accordance with the comparative responsibility requirements of the State of Texas. VIII. If required by a large public works project, the parties agree that requirements will be incorporated for statutory bid bonds, performance and payment bonds, and materialmen bonds. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers the day and year first above written. CITY OF ROUND ROCK, TEXAS CITY OF CEDAR PARK, TEXAS By (1 By Q Title O ,a 1Y 4- Date Signed J G 2- • 00 ATTEST: By SiAMAA- btkttt City Secretary Title City Manager Date Signed y r / / —08 ATTEST: City Secretary APPR • D AS TO ORM: APPROVED AS TO FORM: City Atto City Attorney R82 -08-04-10-4G