R-10-10-14-9E3 - 10/14/2010RESOLUTION NO. R -10-10-14-9E3
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
City of Carrollton for general 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 with the City of Carrollton, 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 October, 2010.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
SARA L. WHITE, City Secretary
O:\wdox\SCCInts\0112\ 1005\MUNICIPAL\00204307.DOC/rmc
RESOLUTION NO. R -10-10-14-9E3
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
City of Carrollton for general 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 with the City of Carrollton, 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 October, 2010.
ALAN MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
SARA L. WHITE, City Secretary
O:\wdox\SCCInts \0112 \ 1005\MUNICIPAL\ 00204307.DOClrmc
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF ROUND ROCK, TEXAS AND THE CITY OF
CARROLLTON, TEXAS
This agreement is made this /y day of
Rock, Texas and the City of Carrollton, Texas.
, 2010, between the City of Round
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 fmds 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 fmds 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 Carrollton 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 Carrollton as its true and lawful
purchasing agent for the purchase of various commodities or services provided by contracts
awarded by the City of Carrollton.
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
„A„
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
City of Carrollton, or her/his successor, is hereby designated as the official representative to act
for the City of Carrollton in all matters relating to this agreement.
V.
This agreement shall take effect upon execution by both signatories.
VL
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
Carrollton 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
By
Title
Date Signed
ATTEST:
By
City Secretary
APPROVED AS TO FORM:
By
City Attorney
By
Title
Date Signed
ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITX
Agenda Item No. *9E3.
City Council Agenda Summary Sheet
Consider a resolution authorizing the Mayor to execute an Interlocal Agreement with the
Agenda Caption: City of Carrollton, Texas for the purchase of various commodities and/or services.
Meeting Date: October 14, 2010
Department: Finance
Staff Person making presentation: Cheryl Delaney
Finance Director
Item Summary:
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.
Strategic Plan Relevance:
8.0 Maintain and enhance public confidence, satisfaction and trust in public government.
Cost:
Source of Funds:
N/A
N/A
Date of Public Hearing (if required): N/A
Recommended Action: Approval
EXECUTED
DOCUMENT
FOLLOWS
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF ROUND ROCK, TEXAS AND THE CITY OF
CARROLLTON, TEXAS
This agreement is made this %qday of 2010, between the City of Round
Rock, Texas and the City of Carrollton, 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 Carrollton 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 Carrollton as its true and lawful
purchasing agent for the purchase of various commodities or services provided by contracts
awarded by the City of Carrollton.
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.
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
City of Carrollton, or her/his successor, is hereby designated as the official representative to act
for the City of Carrollton 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
Carrollton 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 0
By
Title
Date Signed
ROUND ROCK, TEXAS
ATTEST:
By
CITY OF C ' '.'4' LT • , TEXAS
By
,Aggitf,I
Title fits.
Date Si
ATTES
City `j-cretary