BCRUA_R-09-08-25-7D RESOLUTION NO. R-09- D D'ZJ' 1
WHEREAS, the Brushy Creek Regional Utility Authority
( "BCRUA" ) desires to enter into an Interlocal Agreement for Joint
and Cooperative Purchasing with the Cities of Round Rock, Cedar Park,
Hutto, Leander, Georgetown and Taylor, 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
Cities of Round Rock, Cedar Park, Hutto, Leander, Georgetown and
Taylor, a copy of same being attached hereto as Exhibit "All 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 25th day of August, 2009 .
MITCH FULLE , President
Brus Creek Regional Utility Authority
TES
Itrd Secretary
C:\Documents and Set tings\schambless\Local Settings\Temporary Internet Files\OLKZDB\Res BCRUA ILA with Joint Cooperative Purchase - RR
CP (00169511).DOC
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INTERLOCAL AGREEMENT
FOR JOINT AND COOPERATIVE PURCHASING
BETWEEN THE CITIES OF ROUND ROCK,CEDAR PARK,HUTTO, I
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 Governinents 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 refs-.fled 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.
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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
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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.
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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 fiends are not available or appropriated.
However, no Party will be entitled to a refiind 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.
71). 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 tlus
Agreement shall lie in Williamson County, Texas.
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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: r n vt
Name: NAryG v�/
Title: _ "e%y olr'
Date Signed: Uel
Address for Notice:
12101M 4 v-1
ATTEST:
By: �3CWL—`
e—'�
City Secretary
FO40tyAtt
PPR VED S TO FORM:
By'.-
ney
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j � � � 12009.
EXECUTED this /� day of �v
CITYj�F CE ARK,TEXAS
By:
Name:
Title:
Date Signed: -1 "
Address for Notice:
BT77 %'2
City Secretary
FOR C T ,AP RO 5" 7AST O
By:
City Attorney
EXECUTED this day of U�yl , 2009.
CITY OF HUTTO,TEXAS
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By: 1
-,)A��. 4� —?�4"' ��
Name: ' 17,44 c J> " G-
Title: M4 Y0 C`T Y yr /L/y y 7-
Date
Date Signed: �"� �', z d 0
Address for Notice:
ATTEST: �F HUT
,�., �.� ua-(Y
By:
City Secretary 1,u ~
FOR CITY,APPROVED AS TO FORM:
INC
By:
City Attorney
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EXECUTED this day of ' ,2009.
CITY OF LEANDER,TEXAS
By. -
Name:
Title:
Date Signed: j
Address for?Notice:
ATTES
By: C�
City Secretary
FOR CITY,APPROVED AS TO FORM:
By. � ( /
City Attorne
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EXECUTED this ;'x day of ►,i�t��`?, 2009.
CITY OF GEORGETOWN, TEXAS
By: 'L 'I , .- --
Name: Gefrge G. Garver
Title: Mayor
Date Signed:
Address for Notice:
113 E. 81h Street
P. O. Box 409
Georgetown, Texas 78627
ATTEST:
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By+ /, Udi"4
`resca i y Secretary
FO ITV)APPROVED AS TO FORM:
By:
Patricia E. Carls, City Attorney
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EXECUTED this c1 day of , - (,—i.. ) 2009.
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CITY OF TAYLOR,TEXAS
By:
Name: ROA t-ffi p-T7 s-r
Title: /Y\4 (L
Date Signed: Z a
Address for Notice:
�Ga f 0222 ST.
ATTEST:
By:
City Secretary
FOR CITY,APPROVED AS TO FORM:
By: --
City Attorney
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EXECUTED this ;�day of 2009.
BRUSHY CREEK REGIONAL
UTILITY AUTHORITY,INC. (BCRUA)
By:
Name: -'A41 . 4 (
r r
Title: d'
Date Signed: ' "d
Address No ' e: c
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ATT T:
By: � .
and Secretary
FOR BC ,APPROV�D AS TO FORM:
By:
Board torney
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