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R-09-07-09-9A1 - 7/9/2009RESOLUTION NO. R -09-07-09-9A1 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 between the Cities of Cedar Park, Hutto, Leander, Georgetown and Taylor and the Brushy Creek Regional Utility Authority, Inc. for the purpose of participating in joint and cooperative purchasing, 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 for Joint and Cooperative purchasing between the Cities of Round Rock, Cedar Park, Hutto, Leander, Georgetown and Taylor, Texas and the Brushy Creek Regional Utility Authority, Inc., 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. O:\wdox\SCClnts\0112\0905\MUNICIPAL\R90709A1.DOC/Tmc RESOLVED this 9th day of July, 2009. ATTEST: IALIAA32 SARA L. WHITE, City Secretary 2 ALAN MCGRAW, Mayor City of Round Rock, Texas INTERLOCAL AGREEMENT FOR JOINT AND COOPERATIVE PURCHASING BETWEEN THE CITIES OF ROUND ROCK, CEDAR PARK, HUTTO, LEANDER, GEORGETOWN, AND TAYLOR, TEXAS AND THE BRUSHY CREEK REGIONAL UTILITY AUTHORITY, INC. This Interlocal Agreement (hereinafter referred to as the "Agreement") is entered into by and between the undersigned Local Governments of the State of Texas, namely the City of Round Rock, Texas, the City of Cedar Park, Texas, the City of Hutto, Texas, the City of Leander, Texas, the City of Georgetown, Texas, the City of Taylor, Texas, and the Brushy Creek Regional Utility Authority, Inc. (hereinafter referred to as the "Local Governments"), acting by and through their respective signature authorities, pursuant to and under authority of the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, for the purpose of participating in joint and cooperative purchasing. The undersigned Local Governments may be referred to in this Agreement individually as a "Party" and collectively as the "Parties." RECITALS: WHEREAS, this Agreement is authorized by Chapter 791 of the Texas Government Code and Subchapter F, Chapter 271 of the Texas Local Government Code; and WHEREAS, the Parties are all local governments as that term is defined in Section 271.101(2) of the Texas Local Government Code and in V.T.C.A., Government Code, Section 791.003(4)(B); and WHEREAS, Section 271.102 of the Texas Local Government Code authorizes local governments to participate in a cooperative purchasing program with another local government or local cooperative organization; and WHEREAS, a local government that purchases materials, supplies, goods, services or equipment pursuant to a cooperative purchasing program with another local government satisfies the requirement of the local government to seek competitive bids for the purchase of the goods or services; and WHEREAS, local governments in the State of Texas have the ability to realize substantial savings and economies of scale by jointly procuring materials, supplies, goods, services or equipment; and WHEREAS, the Parties desire to enter into a cooperative purchasing program which will allow Parties to purchase materials, supplies, goods, services or equipment pursuant to Subchapter F, Chapter 271 of the Texas Local Government Code. WHEREAS, each of the Parties finds that its payments for services performed pursuant to this Agreement may be made from current revenues that are readily available only for payments that are due this fiscal year; and 156686/jkg 1 EXHIBIT nAn WHEREAS, the Parties find that the amount paid for the services performed under this Agreement fairly compensates the performing party; and WHEREAS, the Parties, acting by and through their respective signature authorities, do hereby adopt and find the foregoing premises as findings of said governing bodies; and NOW THEREFORE, in consideration of the mutual promises, inducements, covenants, agreements, conditions and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: ARTICLE I PURPOSE 1. The purpose of this Agreement is to establish a cooperative purchasing program between the Parties, which will allow the Parties to realize savings when purchasing materials, supplies, goods, services or equipment, and which will facilitate the Parties' ability to satisfy state laws requiring the Parties to seek competitive bids for the purchase of goods and services. ARTICLE II TERM 2. The term of this Agreement shall commence on the date on which all 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 stated herein, unless superseded by a supplemental agreement or terminated as provided in this Agreement. ARTICLE III TERMINATION 3. A Party may withdraw its participation from this Agreement by providing thirty (30) days prior written notice to the other Parties. Withdrawal of one Party to this Agreement does not affect the validity of this Agreement as to the remaining Parties. ARTICLE IV PURCHASING 4. Each Party shall designate a person to act under the direction of, and on behalf of, said Party in all matters relating to the cooperative purchasing program. Each Party shall make payments directly to vendors under its respective contracts with vendors made under Chapter 271, Subchapter F, Texas Local Government Code. Each Party shall be responsible for the vendors' compliance with provisions relating to the quality of items and terms of delivery as to any items purchased by said Party under this Agreement. 2 ARTICLE V CURRENT REVENUE 5. The Parties hereby warrant that all payments, expenditures, contributions, fees, costs, and disbursements, if any, required of each party hereunder or required by any other agreements, contracts and documents executed, adopted, or approved pursuant to this Agreement, which shall include any exhibit, attachment, addendum or associated document, shall be paid from current revenues available to the paying Party. The Parties hereby warrant that no debt is created by this Agreement. ARTICLE VI FISCAL FUNDING 6. The obligations of the Parties pursuant to this Agreement are contingent upon the availability and appropriation of sufficient funding. Any Party may withdraw from this Agreement without penalty in the event funds are not available or appropriated. However, no Party will be entitled to a refimd of amounts previously contributed in the event of withdrawal for lack of funding. ARTICLE VII MISCELLANEOUS 7A. Relationship of Parties: This Agreement is not intended to create, nor should it be construed as creating, a partnership, association, joint venture or trust. 7B. 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. 7C. Amendment: This Agreement may be amended by the mutual written agreement of the Parties. 7D. 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. 7E. 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. 3 7F. 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. 7G. Recitals: The recitals to this Agreement are incorporated herein. 7H. Counterparts: This Agreement may be executed in any number of counterparts, each of which shall be deemed an original constituting one and the same instrument. EXECUTED this day of , 2009. CITY OF ROUND ROCK, TEXAS By: Name: Title: Date Signed: Address for Notice: ATTEST: By: City Secretary FOR CITY, APPROVED AS TO FORM: By: City Attorney 4 DATE: July 1, 2009 SUBJECT: City Council Meeting—July 9, 2009 ITEM: 9A1. Consider a resolution authorizing the Mayor to execute an Interlocal Agreement for Cooperative Purchasing between the Cities of Round Rock, Cedar Park, Hutto, Leander, Georgetown and Taylor, Texas and the Brushy Creek Regional Utility Authority. Department: Staff Person: Justification: Finance Department Cheryl Delaney, Finance Director State law allows cities to enter into Interlocal agreements between local 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. Funding: Cost: N/A Source of funds: N/A Background Information: Interlocal agreements with other local governmental entities satisfies state bidding laws without the City having to incur administrative costs and effort in the bid process while giving the City access to competitively bid pricing on commodities and equipment. This saves the City time and money when the commodities and equipment specifications match our needs. Public Comment: N/A EXECUTED DOCUMENT FOLLOWS INTERLOCAL AGREEMENT FOR JOINT AND COOPERATIVE PURCHASING BETWEEN THE CITIES OF ROUND ROCK, CEDAR PARK, HUTTO, LEANDER, GEORGETOWN, AND TAYLOR, TEXAS AND THE BRUSHY CREEK REGIONAL UTILITY AUTHORITY, INC. This Interlocal Agreement (hereinafter referred to as the "Agreement") is entered into by and between the undersigned Local Governments of the State of Texas, namely the City of Round Rock, Texas, the City of Cedar Park, Texas, the City of Hutto, Texas, the City of Leander, Texas, the City of Georgetown, Texas, the City of Taylor, Texas, and the Brushy Creek Regional Utility Authority, Inc. (hereinafter referred to as the "Local Governments"), acting by and through their respective signature authorities, pursuant to and under authority of the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, for the purpose of participating in joint and cooperative purchasing. The undersigned Local Governments may be referred to in this Agreement individually as a "Party" and collectively as the "Parties." RECITALS: WHEREAS, this Agreement is authorized by Chapter 791 of the Texas Government Code and Subchapter F, Chapter 271 of the Texas Local Government Code; and WHEREAS, the Parties are all local governments as that term is defined in Section 271.101(2) of the Texas Local Government Code and in V.T.C.A., Government Code, Section 791.003(4)(B); and WHEREAS, Section 271.102 of the Texas Local Government Code authorizes local governments to participate in a cooperative purchasing program with another local government or local cooperative organization; and WHEREAS, a local government that purchases materials, supplies, goods, services or equipment pursuant to a cooperative purchasing program with another local goverment satisfies the requirement of the local government to seek competitive bids for the purchase of the goods or services; and WHEREAS, local governments in the State of Texas have the ability to realize substantial savings and economies of scale by jointly procuring materials, supplies, goods, services or equipment; and WHEREAS, the Parties desire to enter into a cooperative purchasing program which will allow Parties to purchase materials, supplies, goods, services or equipment pursuant to Subchapter F, Chapter 271 of the Texas Local Government Code. WHEREAS, each of the Parties finds that its payments for services performed pursuant to this Agreement may be made from current revenues that are readily available only for payments that are due this fiscal year; and 156686/jkg 1 nGl'ctK\ WHEREAS, the Parties find that the amount paid for the services performed under this Agreement fairly compensates the performing party; and WHEREAS, the Parties, acting by and through their respective signature authorities, do hereby adopt and find the foregoing premises as findings of said governing bodies; and NOW THEREFORE, in consideration of the mutual promises, inducements, covenants, agreements, conditions and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: ARTICLE I PURPOSE 1. The purpose of this Agreement is to establish a cooperative purchasing program between the Parties, which will allow the Parties to realize savings when purchasing materials, supplies, goods, services or equipment, and which will facilitate the Parties' ability to satisfy state laws requiring the Parties to seek competitive bids for the purchase of goods and services. ARTICLE II TERM 2. The term of this Agreement shall commence on the date on which all 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 stated herein, unless superseded by a supplemental agreement or terminated as provided in this Agreement. ARTICLE III TERMINATION 3. A Party may withdraw its participation from this Agreement by providing thirty (30) days prior written notice to the other Parties. Withdrawal of one Party to this Agreement does not affect the validity of this Agreement as to the remaining Parties. ARTICLE IV PURCHASING 4. Each Party shall designate a person to act under the direction of, and on behalf of, said Party in all matters relating to the cooperative purchasing program. Each Party shall make payments directly to vendors under its respective contracts with vendors made under Chapter 271, Subchapter F, Texas Local Government Code. Each Party shall be responsible for the vendors' compliance with provisions relating to the quality of items and terms of delivery as to any items purchased by said Party under this Agreement. 2 ARTICLE V CURRENT REVENUE 5. The Parties hereby warrant that all payments, expenditures, contributions, fees, costs, and disbursements, if any, required of each party hereunder or required by any other agreements, contracts and documents executed, adopted, or approved pursuant to this Agreement, which shall include any exhibit, attachment, addendum or associated document, shall be paid from current revenues available to the paying Party. The Parties hereby warrant that no debt is created by this Agreement. ARTICLE VI FISCAL FUNDING 6. The obligations of the Parties pursuant to this Agreement are contingent upon the availability and appropriation of sufficient funding. Any Party may withdraw from this Agreement without penalty in the event funds are not available or appropriated. However, no Party will be entitled to a refund of amounts previously contributed in the event of withdrawal for lack of funding. ARTICLE VH MISCELLANEOUS 7A. Relationship of Parties: This Agreement is not intended to create, nor should it be construed as creating, a partnership, association, joint venture or trust. 7B. 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. 7C. Amendment: This Agreement may be amended by the mutual written agreement of the Parties. 7D. 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. 7E. 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. 3 7F. 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. 7G. Recitals: The recitals to this Agreement are incorporated herein. 7H. Counterparts: This Agreement may be executed in any number of counterparts, each of which shall be deemed an original constituting one and the same instrument. EXECUTED this I 'day of2009. V ATTEST: CITY OF ROUND ROCK, TEXAS By: Name: Title: ASI ,V - Date Signed: Address for Notice: IAA'Ram et . n/lk.t V) ��"� 'tau , '(1 By: a1/214A-- 3/Le City Secretary FOR CIT \APPRVED \AS TO FORM: By: N City Att4lrney 4 EXECUTED this / 5 day of /2C.,' CITY , �� F CE ARK, TEXAS By: Name: lin Title: C/14 f71�ti')fo rDate Signed: -/ 3 Address for Notice: &2)t) '1/'. /3i // �_� l � l'/✓Lfr'" '&, - /- 7 x ) ;SS (%/ a_ S ? , 2009. AT By: City Secretary FOR T AP ' RO By: City Attorney EXECUTED this / ZS day of J U-�vl f� , 2009. ATTEST: �t p By: a..Qc.c.F� ad/ City Secretary FOR CITY, APPROVED AS TO FORM: By: City Attorney 6 CITY OF HUTTO, TEXAS By: j u� 7t"/"/ .0) Name: 17,44 1 D %, d f -f _ Title: I4/4 YO � C iT Y vr= yv Ti© Date Signed: Lf ".rv» / / Z 0 air Address for Notice: V✓, Frer/ t /-4( , 7k 7 n23'7 EXECUTED this day of ATTES By: , 2009. CITY OF LEANDER, TEXAS By: 1_,6 Name: Title: Date Signed: Address for Notice: r a) U/l )/ / i s eri City Secretary FOR CITY, APPROVED AS TO FORM: By: City Attorne 7 EXECUTED this :' day of ATTEST: By; ; /✓;' Jesca HamiMtn, it Secretary FOIth APPROVED AS TO FORM: By: 4_a.�� Patricia E. Carls, City Attorney 8 , 2009. CITY OF GEORGETOWN, TEXAS Title: Mayor Date Signed: fr f 9 Address for Notice: 113 E. 8th Street P. O. Box 409 Georgetown, Texas 78627 EXECUTED this 1 day of , 2009. ATTEST: By: City Secretary FOR CITY, APPROVED AS TO FORM: By: N City Attorney 9 CITY OF TAYLOR, TEXAS By: �1tijt- -i ��- Name: got:. t it-r-bvSr',Q t Title: %t\,q..ip (L Date Signed: -2 /10 0 6 05 Address for Notice: c(0 a P027 -C2 -. -r �4 y(..oe_ rK-1(es"77 EXECUTED this 1 day of ATT ST: By: and Secretary 2009. BRUSHY CREEK REGIONAL UTILITY AUTHORITY, INC. (BCRUA) By: Name: / ,'k e) I . ildlitt .2r --, Title: t(' Date Signed: 2 i� Address for Notice: FOR BC U , APPROVE i AS TO FORM: iog By: %,,,,- Board Al orney 10