BCRUA_R-12-09-19-5BRESOLUTION NO. R-12-09-19-SB
WHEREAS, the Brushy Creek Regional Utility Authority ("BCRUA") desires to enter
into an Interlocal Agreement for Joint and Cooperative Purchasing By and Between the Cities of
Round Rock, Cedar Park, Hutto, Leander, Georgetown, Taylor and Pflugerville Texas and Open
to Other Eligible Governmental Entities to jointly procure materials, supplies, goods, services or
equipment, 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 for Joint and Cooperative Purchasing By and Between the
Cities of Round Rock, Cedar Park, Hutto, Leander, Georgetown, Taylor and Pflugerville Texas
and the Brushy Creek Regional Utility Authority, Inc., and Open to Other Eligible Governmental
Entities, 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.
RESOL VED this 19th day of S~Pten1b"', r~.//.7.1
.. . Vi···.·· ,~HRIST~~t?i~ FIELDER, President
Brushy Creek Regional Utility Authority
AT~: • ~L.h,~
Z:\BCRUA\Board Packets\Packet Documents\10 I 2\09 I 91 2\Res BCRUA -ILA for Joint and Cooperative Purchasing (002584J3).DOC/rmc
INTERLOCAL AGREEMENT FOR JOINT AND COOPERATIVE
PURCHASING BY AND BETWEEN THE CITIES OF ROUND ROCK,
CEDAR PARK, HUTTO, LEANDER, GEORGETOWN, TAYLOR, AND
PFLUGERVILLE TEXAS, AND THE BRUSHY CREEK REGIONAL
UTILITY AUTHORITY, INC., AND OPEN TO OTHER ELIGIBLE
GOVERNMENT AL ENTITIES
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, the City of Pflugerville, 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 271.1 01(2)
of the Texas Local Government Code; 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 economics 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; and,
00251961/jkg EXHIBIT 'W'
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,
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
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
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 (l) year under the terms and conditions stated herein, unless
superseded by a supplemental agreement or terminated as provided in this Agreement.
ARTICLE III
TERMINATION
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
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 their 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
PARTICIPATION
The Parties agree that any vendor offer of materials, supplies, goods, services or
equipment to any Party to this Agreement shall be considered an offer to all Parties to this
Agreement. Any vendor making a solicitation shall be notified by the Party seeking the
solicitation that they may limit their offer to apply only to that Party. They shall be further
notified that failing to do so, their offer may be included in this cooperative program.
Additionally, if other governmental entities within the State of Texas become a Party to this
Agreement, any prior offer made available to the Parties to this cooperative program may be
extended to that Party so the Party has the opportunity to purchase from any solicitation made by
any person or entity to any of the parties participating in this Agreement; however, any vendor
offer made to any Party to this agreement, if extended to another Party through this Agreement,
is not a final contract without the consent and agreement of the successful vendor(s) to the
extension.
All parties indicate their understanding and all parties hereby expressly agree that none of
the entities that are parties to this agreement are agents of, partners to, or representatives of those
other entities and that no Party to this agreement is obligated or liable for any action or debts that
may arise out of such independently-negotiated "piggyback" procurements of another Party to
this Agreement.
ARTICLE VI
CURRENT REVENUE
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 VII
FISCAL FUNDING
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.
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ARTICLE VIII
MISCELLANEOUS
A. Relationship of Parties: This Agreement is not intended to create, nor should it be
construed as creating, a partnership, association, joint venture or trust.
B. 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.
C. Amendment: This Agreement may be amended by the mutual written agreement of the
Parties.
D. Severability: 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 had never
been contained in this Agreement.
E. 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 the
designated County of the first Party to the Contract named as a Defendant.
F. 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.
G. Recitals: The recitals to this Agreement are incorporated herein.
H. 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.
[SIGNATURES APPEAR ON FOLLOWING PAGES]
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EXECUTED on this the __day of the month of , 2012.
CITY OF ROUND ROCK, TEXAS
By: _
Name:
Title:
Date Signed: _
Address for Notice:
ATTEST:
By: _
City Clerk
FOR CITY, APPROVED AS TO FORM:
By: _
City Attorney
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EXECUTED on this the day of the month of , 2012.
CITY OF CEDAR PARK, TEXAS
By: ~ _
Name: ---------~----Title: --~------------Date Signed: _
Address for Notice:
ATTEST:
By: _
City Secretary
FOR CITY, APPROVED AS TO FORM:
By: _
City Attorney
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EXECUTED on this the day of the month of , 2012.
CITY OF HUTTO, TEXAS
By: _
Name:
Title: _
Date Signed: _
Address for Notice:
ATTEST:
By: _
City Secretary
FOR CITY, APPROVED AS TO FORM:
By: _
City Attorney
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EXECUTED on this the day of the month of , 2012.
CITY OF LEANDER, TEXAS
By:
Name:
Title:
Date Signed: _
Address for Notice:
ATTEST:
By: _
City Secretary
FOR CITY, APPROVED AS TO FORM:
By: _
City Attorney
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EXECUTED on this the day of the month of ,2012.
CITY OF GEORGETOWN, TEXAS
By: _
Name:
Title:
Date Signed: _
Address for Notice:
ATTEST:
By: _
City Secretary
FOR CITY, APPROVED AS TO FORM:
By: ~_
City Attorney
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EXECUTED on this the day of the month of ,2012.
CITY OF T AYLOR, TEXAS
By:
Name:
Title:
Date Signed: _
Address for Notice:
ATTEST:
By: _
City Secretary
FOR CITY, APPROVED AS TO FORM:
By: _
City Attorney
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EXECUTED on this the day of the month of , 2012.
CITY OF PFLUGERVILLE, TEXAS
By: _
Name: -------------~ Title:
Date Signed: _
Address for Notice:
ATTEST:
By: _
City Secretary
FOR CITY, APPROVED AS TO FORM:
By: _
City Attorney
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EXECUTED on this the day of the month of , 2012.
BRUSHY CREEK REGIONAL UTILITY AUTHORITY, INC. (BCRUA)
By: _
Name: _
Title: _
Date Signed: _
Address for Notice:
ATTEST:
By: _
Board Secretary
FOR CITY, APPROVED AS TO FORM:
By: _
Board Attorney
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DATE: September 14, 2012
SUBJECT: BCRUA Board Meeting -September 19, 2012
ITEM: 5B. Consider a resolution authorizing the President to execute an Interlocal
Agreement for Joint and Cooperative Purchasing by and between the
Cities of Round Rock, Cedar Park, Hutto, Leander, Georgetown, Taylor
and Pflugerville Texas and the Brushy Creek Regional Utility Authority,
Inc., and open to other eligible Governmental Entities.
PRESENTER: Chris Lippe, P.E.
General Manager
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INTERLOCAL AGREEMENT FOR JOINT AND COOPERATIVE
PURCHASING BY AND BETWEEN THE CITIES OF ROUND ROCK,
CEDAR PARK, HUTTO, LEANDER, GEORGETOWN, TAYLOR, AND
PFLUGERVILLE TEXAS, AND THE BRUSHY CREEK REGIONAL
UTILITY AUTHORITY, INC., AND OPEN TO OTHER ELIGIBLE
GOVERNMENTAL ENTITIES
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, the City of Pflugerville, 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 271.10 1(2)
of the Texas Local Government Code; 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 economics 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; and,
00251961/jkg
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,
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
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
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 (l) year under the terms and conditions stated herein, unless
superseded by a supplemental agreement or terminated as provided in this Agreement.
ARTICLE III
TERMINATION
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
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 their 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
PARTICIPATION
The Parties agree that any vendor offer of materials, supplies, goods, services or
equipment to any Party to this Agreement shall be considered an offer to all Parties to this
Agreement. Any vendor making a solicitation shall be notified by the Party seeking the
solicitation that they may limit their offer to apply only to that Party. They shall be further
notified that failing to do so, their offer may be included in this cooperative program.
Additionally, if other governmental entities within the State of Texas become a Party to this
Agreement, any prior offer made available to the Parties to this cooperative program may be
extended to that Party so the Party has the opportunity to purchase from any solicitation made by
any person or entity to any of the parties participating in this Agreement; however, any vendor
offer made to any Party to this agreement, if extended to another Party through this Agreement,
is not a final contract without the consent and agreement of the successful vendor(s) to the
extension.
All parties indicate their understanding and all parties hereby expressly agree that none of
the entities that are parties to this agreement are agents of, partners to, or representatives of those
other entities and that no Party to this agreement is obligated or liable for any action or debts that
may arise out of such independently-negotiated "piggyback" procurements of another Party to
this Agreement.
ARTICLE VI
CURRENT REVENUE
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 VII
FISCAL FUNDING
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.
3
ARTICLE VIII
MISCELLANEOUS
A. Relationship of Parties: This Agreement is not intended to create, nor should it be
construed as creating, a partnership, association, joint venture or trust.
B. Notice: Any notice required or pennitted 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.
C. Amendment: This Agreement may be amended by the mutual written agreement of the
Parties.
D. Severability: 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 had never
been contained in this Agreement.
E. 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 the
designated County of the first Party to the Contract named as a Defendant.
F. 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.
G. Recitals: The recitals to this Agreement are incorporated herein.
H. 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.
[SIGNATURES APPEAR ON FOLLOWING PAGES]
4
EXECUTED on this the ~ay of the month of _t~ -
CITY OF ROUND ROCK, TEXAS
By: --~~-~t-><---J~,...--..-----
Name: _--:......:.r-'-'--........:....:.4-~~~---
Title: -~!.lLlJ~~~"="?'---7"'=---
Date Signed: __-----'"""----'~--=~ _
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EXECUTED on this the 5!h. day of the month of OcJ;,W-,2012.
CITY OF CEDAR PARK, TEXAS
BY:bY~
Name: B/l.cNt>A Eli/eNS
Title: t!..1 r'j 1'1 AAJ46€"~
Date Signed: tt -/3-1 ;L
Address for Notice:
f. o. &0)( /56 e,
ATTEST:
B~hm'#Z(R
City Secretary
AS TO FORM:
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EXECUTED on this the :L J day of the month of ~ , 2012.
CITY OF HUTTO, TEXAS
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401 W. Front Street i
Address for Notice:
City of Hutto
Randy Barker, Purchasing Manager
Hutto, Texas 78634
ATIE~~~
By:~
City Secretary
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EXECUTED on this the Jf#l day of the month of -'J~ ,2012.
N e· -{..J.~~.¥:E-~;:;"--I-.!.~:=foa.-~--
Title: -----<----=,~r_:_:_""f-.,---=------
Date Signed: _--"-"~-,,-+...1....='--_
Address hor Notice:
(/,0 .~tJ~ ~/'l
ATTZQ. J1L
By: Wdm ~
City Secretary
FOR CITY, APPROVED AS TO FORM:
By: _
City Attorney
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EXECUTED on this the __day ofthe month of •2012.
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pO, &>)( t.-t 0 q----::--_----=-:.,.........,........--_
()QA«~I.r() I 1fX1S 1ZlpJ7
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EXECUTED on this the /4 -#::.day of the month of 57~~ ,2012.
CITY OF TA¥LOR, TEXAS
By: \A~~Name;z-~D. Dunaway--CL
Title: City Manager ~_
Date Signed: _September 13,2012 _
Address for Notice:
_____City ofTaylor _
400 Porter Street
_____Taylor, TX 76574
ATTEST:
By: ~
City Secretary
FOR CITY, APPROVED AS TO FORM:
By: ~---IJ";<__>,_/-/--
City Attorney i.-J
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CITY OF PFLUGER~TEXAS
By.~~Name: Wade
Title: City Manager 0
Date Signed: i> -g---I ~
Address for Notice:
City Maoager
City ofPflugerville
POBox 589
Pflugerville TX 78691
ATTEST:
FOR CITY, APPROVED AS TO FORM:
By.cSo=L~
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EXECUTED on this the /.!l!:...S~,2012.day of the month of
GIONAL UTILITY AUTHORITY, INC. (BCRUA)
Name: ~~~~~/~l3"4~l.{Jr:::f::::!..~£R~
Title: I1---f.-~::e-e:s~Ioo-'---=,-1(),-:--=-e:_Nr~
Date Signed: CZ....L.--..L-/--L.tt_--=--I..=2.=-
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BRUSHY CREEK
By: ---f-----.It---7'F"............,---..~--=--~----
IATTEST: I
By ~~ l,1..'\l
Board Secretary I
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By::f-tt.~~IL£~~~~~~
Board Attorney
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