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BCRUA_R-09-05-20-8A RESOLUTION NO. R-09- 05 Z Q- WHEREAS, the Brushy Creek Regional Utility Authority (BCRUA) desires to enter into an Interlocal Agreement with the City of Round Rock, Texas, whereby BCRUA is allowed to participate in the City' s Depository and Banking Services Contract with Bank of America, N.A. , Now Therefore BE IT RESOLVED BY THE BRUSHY CREEK REGIONAL UTILITY AUTHORITY, That the Board President is hereby authorized and directed to execute on behalf of the BCRUA an Interlocal Agreement with the City of Round Rock, Texas, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes . The Board 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 Z'� day of May, 2009. MITCr FUL , President Brus egional Utility Authority A4E T: B rd Secretary 001607961jkg 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: r �00159548/jkg 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 theAdray of the month of , 2009. CITY OF ROUND ROCK, TEXAS By. 0 rn✓L -1 Printed Name: AP inrr W Title: Date Signed: �. ATTEST: `'J�' "�' " • ' Sara L. White, City Secretary FO C TY,API VED AS TO FORM: Stephan . Sheets, rty Attorney BRUSHY CREEK REGIONAL UTILITY AUTHORITY By: Printed Na f Title: -rside fl+ Date Signed: Mow ZD 2 AT t S etaryjt,-hn DATE: May 15, 2009 SUBJECT: BCRUA Board Meeting—May 20, 2009 ITEM: 8A. Consider a resolution authorizing the President to execute an Interlocal Agreement with the City of Round Rock for cooperative contracting for depository services. PRESENTER: Cindy Demers,Assistant City Manager, City of Round Rock Justification/Background: The BCRUA must select a depository and maintain bank accounts to conduct the business of the BCRUA. In an effort to obtain the most cost effective banking services possible,City financial staff reviewed the pricing of each of the participating cities existing bank contracts. Both Leander and Round Rock utilize Bank of America for their depository services. Round Rock's contract allows for other governmental entities to receive the same terms and pricing as Round Rock. This will result in a significant cost savings for the BCRUA. 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 minimizes redundant work and thereby saves money for the BCRUA and ultimately all three cities.