R-09-05-14-9E3 - 5/14/2009RESOLUTION NO. R -09-05-14-9E3
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 Brushy Creek Regional Utility
Authority regarding depository 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 Brushy Creek
Regional Utility Authority, 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 14th day of May, 2009.
ATTEST:
SARA L. WHITE, City Secretary
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ALAN MCGRAW, Mayor
City of Round Rock, Texas
INTERLOCAL AGREEMENT
BETWEEN CITY OF ROUND ROCK, TEXAS
AND BRUSHY CREEK REGIONAL UTILITY AUTHORITY (BCRUA)
This Interlocal Cooperation Agreement ("Agreement") is made by and between
the City of Round Rock, Texas ("Round Rock") and the Brushy Creek Regional Utility
Authority ("BCRUA"), acting by and through their respective authorized officers.
RECITALS:
WHEREAS, this Agreement is authorized by V.T.C.A., Government Code,
Chapter 791, §791.001 et seq. and by Texas Local Government Code, Chapter 271,
Subchapter F, §271.101 et seq.; and
WHEREAS, Section 791.003(4)(B) of the Government Code defines BCRUA as
a "local government;" and
WHEREAS, Section 271.102(a) of the Texas Local Government Code authorizes
a local government to participate in a cooperative purchasing program with another local
government; and
WHEREAS, Section 271.102(c) of the Texas Local Government Code states that
a "local government that purchases goods or services under this subchapter satisfies any
state law requiring the local government to seek competitive bids for the purchase of the
goods or services;" and
WHEREAS, Round Rock previously requested applications from authorized
banking firms in order to select a City Depository for the custody of City funds; and
WHEREAS, Round Rock previously duly selected and designated Bank of
America, N.A. as its official depository, and entered into a Depository and Banking
Services Contract with Bank of America, N.A. on or about April 26, 2007; and
WHEREAS, such Depository and Banking Services Contract was renewed by
extension through May 31, 2011 by action taken on or about May 14, 2009; and
WHEREAS, such Depository and Banking Services Contract allows for
"Interlocal Cooperative Contracting / Purchasing;" and
WHEREAS, Round Rock and BCRUA now desire to enter into a cooperative
purchasing program with each other to allow BCRUA to participate in such Depository
and Banking Services Contract with Bank of America, N.A.;
NOW, THEREFORE, in consideration of the mutual covenants and promises
contained herein, and for good and sufficient consideration which is hereby
acknowledged by the parties, the parties agree as follows:
00159548/jkg
EXHIBIT
uAn
ARTICLE I
PURPOSE
1. The purpose of this Agreement is to establish a cooperative purchasing
program between the parties which will allow BCRUA to purchase goods and/or services
pursuant to Round Rock's agreement.
ARTICLE II
TERM
2. The term of this Agreement shall commence on the date on which the
parties hereto have executed this Agreement ("Effective Date"). This Agreement shall
automatically renew for successive periods of one (1) year under the terms and conditions
state herein, unless superseded by a supplemental agreement or unless terminated as
provided herein.
ARTICLE III
TERMINATION
3. Either party may terminate this Agreement by providing thirty (30) days
prior written notice to the other party.
ARTICLE IV
PURCHASING
4A. The City Manager or his designee is authorized to act on behalf of Round
Rock in all matters relating to the cooperative purchasing program established herein.
4B. The General Manager or his designee is authorized to act on behalf of
BCRUA in all matters relating to the cooperative purchasing program established herein.
4C. BCRUA shall make payments directly to Bank of America, N.A. under the
contract made under Round Rock's process. BCRUA shall be responsible for Bank of
America's compliance with provisions relating to the quality of services and terms of
delivery of services, to the extent provided in the agreement.
ARTICLE V
MISCELLANEOUS
5A. Relationship of Parties: This Agreement is not intended to create, nor
should it be construed as creating, a partnership, association, joint venture or trust.
5B. Notice: Any notice required or permitted to be delivered hereunder shall
be deemed received when sent in the United States Mail, Postage Prepaid, Certified Mail,
Return Receipt Requested, or by hand delivery or facsimile transmission addressed to the
respective party at the address set forth opposite the signature of the party.
5C. Amendment: This Agreement may be amended by the mutual written
agreement of both parties hereto.
5D. Severability: In the event any one or more of the provisions contained in
this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect the other
provisions, and the Agreement shall be construed as if such invalid, illegal, or
unenforceable provision had never been contained in this Agreement.
5E. Governing Law: The validity of this Agreement and any of its terms and
provisions as well as the rights and duties of the parties, shall be governed by the laws
and court decisions of the State of Texas; and venue for any action concerning this
Agreement shall lie in Williamson County, Texas.
5F. Entire Agreement: This Agreement represents the entire agreement
among the parties with respect to the subject matter covered by this Agreement. There is
no other collateral, oral or written agreement between the parties that in any manner
relates to the subject matter of this Agreement.
5G. Recitals: The recitals to this Agreement are incorporated herein.
5H. Counterparts: This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original and constitute one and the same
instrument.
EXECUTED on this the day of the month of , 2009.
CITY OF ROUND ROCK, TEXAS
By:
Printed Name:
Title:
Date Signed:
ATTEST:
Sara L. White, City Secretary
FOR CITY, APPROVED AS TO FORM:
Stephan L. Sheets, City Attorney
BRUSHY CREEK REGIONAL UTILITY AUTHORITY
By:
Printed Name:
Title:
Date Signed:
ATTEST:
Secretary
DATE: May 7, 2009
SUBJECT: City Council Meeting — May 14, 2009
ITEM: 9E3. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement
with the Brushy Creek Regional Utility Authority regarding Depository Services.
Department:
Staff Person:
Justification:
Finance
Cheryl Delaney, Finance Director
This agreement will allow for Brushy Creek Regional Utility Authority to benefit from the pricing
resulting from the competitive bid process conducted by the City of Round Rock.
Funding:
Cost: N/A
Source of funds: N/A
Outside Resources: N/A
Background Information:
Interlocal agreements with other local governmental entities satisfies state bidding laws without the
entity having to incur administrative costs and effort in the bid process while giving the entity access to
competitively bid pricing on commodities and services. This saves the entity time and money when the
commodities and services specifications match their needs.
Public Comment: N/A
EXECUTED
DOCUMENT
FOLLOWS
No Text
INTERLOCAL AGREEMENT
BETWEEN CITY OF ROUND ROCK, TEXAS
AND BRUSHY CREEK REGIONAL UTILITY AUTHORITY (BCRUA)
This Interlocal Cooperation Agreement ("Agreement") is made by and between
the City of Round Rock, Texas ("Round Rock") and the Brushy Creek Regional Utility
Authority ("BCRUA"), acting by and through their respective authorized officers.
RECITALS:
WHEREAS, this Agreement is authorized by V.T.C.A., Government Code,
Chapter 791, §791.001 et seq. and by Texas Local Government Code, Chapter 271,
Subchapter F, §271.101 et seq.; and
WHEREAS, Section 791.003(4)(B) of the Government Code defines BCRUA as
a "local government;" and
WHEREAS, Section 271.102(a) of the Texas Local Government Code authorizes
a local government to participate in a cooperative purchasing program with another local
government; and
WHEREAS, Section 271.102(c) of the Texas Local Government Code states that
a "local government that purchases goods or services under this subchapter satisfies any
state law requiring the local government to seek competitive bids for the purchase of the
goods or services;" and
WHEREAS, Round Rock previously requested applications from authorized
banking firms in order to select a City Depository for the custody of City funds; and
WHEREAS, Round Rock previously duly selected and designated Bank of
America, N.A. as its official depository, and entered into a Depository and Banking
Services Contract with Bank of America, N.A. on or about April 26, 2007; and
WHEREAS, such Depository and Banking Services Contract was renewed by
extension through May 31, 2011 by action taken on or about May 14, 2009; and
WHEREAS, such Depository and Banking Services Contract allows for
"Interlocal Cooperative Contracting / Purchasing;" and
WHEREAS, Round Rock and BCRUA now desire to enter into a cooperative
purchasing program with each other to allow BCRUA to participate in such Depository
and Banking Services Contract with Bank of America, N.A.;
NOW, THEREFORE, in consideration of the mutual covenants and promises
contained herein, and for good and sufficient consideration which is hereby
acknowledged by the parties, the parties agree as follows:
00159548/jkg
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No Text
ARTICLE I
PURPOSE
1. The purpose of this Agreement is to establish a cooperative purchasing
program between the parties which will allow BCRUA to purchase goods and/or services
pursuant to Round Rock's agreement.
ARTICLE II
TERM
2. The term of this Agreement shall commence on the date on which the
parties hereto have executed this Agreement ("Effective Date"). This Agreement shall
automatically renew for successive periods of one (1) year under the terms and conditions
state herein, unless superseded by a supplemental agreement or unless terminated as
provided herein.
ARTICLE III
TERMINATION
3. Either party may terminate this Agreement by providing thirty (30) days
prior written notice to the other party.
ARTICLE IV
PURCHASING
4A. The City Manager or his designee is authorized to act on behalf of Round
Rock in all matters relating to the cooperative purchasing program established herein.
4B. The General Manager or his designee is authorized to act on behalf of
BCRUA in all matters relating to the cooperative purchasing program established herein.
4C. BCRUA shall make payments directly to Bank of America, N.A. under the
contract made under Round Rock's process. BCRUA shall be responsible for Bank of
America's compliance with provisions relating to the quality of services and terms of
delivery of services, to the extent provided in the agreement.
ARTICLE V
MISCELLANEOUS
5A. Relationship of Parties: This Agreement is not intended to create, nor
should it be construed as creating, a partnership, association, joint venture or trust.
5B. Notice: Any notice required or permitted to be delivered hereunder shall
be deemed received when sent in the United States Mail, Postage Prepaid, Certified Mail,
Return Receipt Requested, or by hand delivery or facsimile transmission addressed to the
respective party at the address set forth opposite the signature of the party.
No Text
5C. Amendment: This Agreement may be amended by the mutual written
agreement of both parties hereto.
5D. Severability: In the event any one or more of the provisions contained in
this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect the other
provisions, and the Agreement shall be construed as if such invalid, illegal, or
unenforceable provision had never been contained in this Agreement.
5E. Governing Law: The validity of this Agreement and any of its terms and
provisions as well as the rights and duties of the parties, shall be governed by the laws
and court decisions of the State of Texas; and venue for any action concerning this
Agreement shall lie in Williamson County, Texas.
5F. Entire Agreement: This Agreement represents the entire agreement
among the parties with respect to the subject matter covered by this Agreement. There is
no other collateral, oral or written agreement between the parties that in any manner
relates to the subject matter of this Agreement.
5G. Recitals: The recitals to this Agreement are incorporated herein.
5H. Counterparts: This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original and constitute one and the same
instrument.
EXECUTED on this the' ( day of the month of
ATTEST:
CITY OF ROUND ROCK, TEXAS
By:
Printed Name:
Title:
Date Signed:
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Sara L. White, City Secretary
FO S ITY, APPROVED AS TO FORM:
Stepha � L. Sheets, City Attorney
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, 2009.
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BRUSHY CREEK REGIONAL UTILITY AUTHORITY
By:
Printed Name:
Title:
Date Signed:
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No Text