BCRUA_R-12-06-20-6ARESOLUTION NO. R-12-06-20-6A
WHEREAS, the Brushy Creek Regional Utility Authority ("BCRUA") desires to enter
into an Interlocal Agreement with the City of Leander to allow the BCRUA to participate in the
City's Depository and Banking Services Contract with the 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 Between the City of Leander, Texas and Brushy Creek
Regional Utility Authority, 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 20th day of June, 2012.
ATTEST:
;r y:::::::
Mitch F~;:lL-ry-----
Z\BCRUA\Board PaclelS\Pilclet Documen\s\2012\Res BCRUA -lLA \'v-Clt\' of Leander (00252386) 062012,doc{rmc
INTERLOCAL AGREEMENT
BETWEEN CITY OF LEANDER, TEXAS
AND BRUSHY CREEK REGIONAL UTILITY AUTHORITY
This Interlocal Cooperation Agreement ("Agreement") is made by and between the City of
Leander, Texas ("Leander") and the Brushy Creek Regional Utility Authority ("BCRUA"),
acting by and through their respective authorized officers.
RECITALS:
WHERAS, 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.;
WHEREAS, Section 791.003(4)(B) of the Government Code defines BCRUA as a "local
government";
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;
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";
WHEREAS, Leander previously requested applications from authorized banking firms in
order to select a City Depository for the custody of City funds;
WHEREAS, Leander 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. effective July 1,2010;
WHEREAS, such Depository and Banking Services Contract allows for "Interlocal
Cooperative Contracting / Purchasing"; and
WHEREAS, Leander 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:
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
Leander's agreement.
ARTICLE II
TERM
2. The term of this Agreement shall be for one (1) year, commencing on the date the
last party hereto executes this Agreement as shown below ("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 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.
4. The City Manager or his designee is authorized to act on behalf of Leander in all
matters relating to the cooperative purchasing program established herein.
5. 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.
6. BCRUA shall make payments directly to Bank of America, N.A. pursuant to the
contract made under Leander'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 IV
MISCELLANEOUS
7. Relationship of Parties: This Agreement is not intended to create, nor should it be
construed as creating, a partnership, association, joint venture or trust.
8. 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 transmission addressed to the respective party at
the address set forth below:
__--I__.:::........:::::-
To BCRUA at: To Leander at:
Brushy Creek Regional Utility Authority City of Leander
Attn: General Manager Attn: City Manager
221 E. Main Street P.O. Box 319
Round Rock, Texas 78664 Leander, Texas 78646
9. Amendment: This Agreement may be amended by the mutual written agreement of
both parties hereto.
10. Severabilitv: In the event anyone 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(s) had not been contained herein.
11. 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
Williamson County, Texas.
12. 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.
13. Recitals: Thee recitals to 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.
IN WITNESS WHEREOF, the Parties have executed this Agreement by their
officers thereunto duly authorized.
Brushy Creek Regional Utility Authority
By: ~~,----,lJ""""-=n....:"---,-'J...-,,,---_
Name: Chris Lippe~
Title: General Manager
Date: LR_-2._D-_I_~ _ Date:_-=--itJ----!:-1------'-/L--~ _
Attest:--........~
By:_ ~~~~~
Debbie Haile, City Secretary
By:._............,~'__"_--=---=:;.w___:~,..._-----
Name: Kent Cagle
Title: City Manager