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BCRUA_R-16-03-23-7A RESOLUTION NO. �<-f G; i- WHEREAS, the Brushy Creek Regional Utility Authority ("BCRUA") desires to enter into an Interlocal Agreement with the City of Cedar Park to allow the BCRUA to participate in the City's Depository and Banking Services Contract with the Wells Fargo Bank,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 Cooperative Agreement between the City of Cedar Park, 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 further authorizes and directs the General Manager to execute on behalf of the BCRUA any and all related documents and agreement required by Wells Fargo Bank, N.A. to effect such services. 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, day of,,� ' CI,'lC°6� , 2016. R n Abruzzese, Pres' t rushy Creek Regi al Utility Authority ATTEST: Kris hitfield, Secretary INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CEDAR PARK, TEXAS AND THE BRUSHY CREEK REGIONAL UTILITY AUTHORITY This Interlocal Cooperation Agreement("Agreement") is made by and between the City of Cedar Park, Texas ("Cedar Park") 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.; 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,Cedar Park previously requested applications from authorized banking firms in order to select a City Depository for the custody of City funds; WHEREAS, Cedar Park previously duly selected and designated Well Fargo Bank,N.A. as its official depository, and entered into a Depository Pledge Agreement with Wells Fargo Bank, N.A., effective August 25, 2015; WHEREAS, such Depository and Banking Services Contract allows for "Interlocal Cooperative Contracting/Purchasing"; and WHEREAS, Cedar Park 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 Wells Fargo Bank, N.A.; Interlocal Purchasing Agreement S'H`1`2A"' I 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 The purpose of this Agreement is to establish a cooperative purchasing program between the parties which allow BCRUA to purchase goods and/or services pursuant to Cedar Park's Depository and Banking Services Contract. ARTICLE II TERM 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 stated herein, unless superseded by a supplemental agreement or terminated as provided herein. ARTICLE III TERMINATION Either party may terminate this Agreement by providing thirty (30) days prior written notice to the other party. The City Manager or his designee is authorized to act on behalf of Cedar Park in all matters relating to the cooperative purchasing program established herein. 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. BCRUA shall make payment directly to Wells Fargo Bank, N.A. pursuant to the contract made under Cedar Park's process. BCRUA shall be responsible for Wells Fargo Bank, N.A.'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 Relationship of Parties: This Agreement is not intended to create, nor should it be construed as creating, a partnership, association,joint venture or trust. 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 Interlocal Purchasing Agreement 2 Requested, or by hand delivery or transmission addressed to the respective party at the address set forth below: To BCRUA at: To Cedar Park at: Brushy Creek Regional Utility Authority City of Cedar Park Attn: General Manager Attn: City Manager 221 E. Main Street 450 Cypress Creek, Bldg. 1 Round Rock, Texas 78664 Cedar Park, Texas 78613 Amendment: This Agreement may be amended by the mutual written agreement of both parties hereto. 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(s) had not been contained herein. 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. 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. Recitals: The 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 City of Cedar Park, Texas By: By: Tom Gallier, General Manager Brenda Eivens, City Manager Date: Date: Interlocal Purchasing Agreement 3 ATTEST: By: By: Kris Whitfield, Secretary LeAnn Quinn, City Secretary Interlocal Purchasing Agreement 4 DATE: March 18, 2016 SUBJECT: BCRUA Board Meeting—March 23, 2016 ITEM: 7A. Consider a resolution authorizing the President to execute an Interlocal Agreement with the City of Cedar Park to allow the BCRUA to participate in the City's Depository and Banking Services Contract with Wells Fargo Bank, N.A. PRESENTER: Tom Gallier,General Manager BACKGROUND: BCRUA's existing Depository and Banking Services Agreement is with Bank of America. Recent increases in banking charges have necessitated a search for a different banking service provider with more competitive rates. The City of Cedar Park has an existing Depository and Banking Services Contract with Wells Fargo Bank, N.A., and that agreement includes more competitive banking service rates. The three city finance representatives and BCRUA staff reviewed this, and agreed that it would be in BCRUA's best interest to cancel its existing agreement with Bank of America,and"piggy-back"onto Cedar Park's existing agreement with Wells Fargo. BCRUA staff, and financial services representatives from the three member cities have agreed to, and recommend Board approval of this Interlocal Agreement with the City of Cedar Park. FUNDING: Precise savings cannot be quantified, but Wells Fargo's service rate structure for the variety of routine banking services needed will be lower than Bank of America's increased charges. INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF CEDAR PARK, TEXAS AND THE BRUSHY CREEK REGIONAL UTILITY AUTHORITY This Interlocal Cooperation Agreement("Agreement")is made by and between the City of Cedar Park, Texas ("Cedar Park") 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.; 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, Cedar Park previously requested applications from authorized banking firms in order to select a City Depository for the custody of City funds; WHEREAS, Cedar Park previously duly selected and designated Well Fargo Bank, N.A. as its official depository, and entered into a Depository Pledge Agreement with Wells Fargo Bank, N.A., effective August 25, 2015; WHEREAS, such Depository and Banking Services Contract allows for "Interlocal Cooperative Contracting/Purchasing"; and WHEREAS, Cedar Park 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 Wells Fargo Bank, N.A.; Interlocal Purchasing Agreement 1 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 The purpose of this Agreement is to establish a cooperative purchasing program between the parties which allow BCRUA to purchase goods and/or services pursuant to Cedar Park's Depository and Banking Services Contract. ARTICLE II TERM 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 stated herein, unless superseded by a supplemental agreement or terminated as provided herein. ARTICLE III TERMINATION Either party may terminate this Agreement by providing thirty (30) days prior written notice to the other party. The City Manager or his designee is authorized to act on behalf of Cedar Park in all matters relating to the cooperative purchasing program established herein. 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. BCRUA shall make payment directly to Wells Fargo Bank, N.A. pursuant to the contract made under Cedar Park's process. BCRUA shall be responsible for Wells Fargo Bank, N.A.'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 Relationship of Parties: This Agreement is not intended to create, nor should it be construed as creating, a partnership, association,joint venture or trust. 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 Interlocal Purchasing Agreement 2 Requested, or by hand delivery or transmission addressed to the respective party at the address set forth below: To BCRUA at: To Cedar Park at: Brushy Creek Regional Utility Authority City of Cedar Park Attn: General Manager Attn: City Manager 221 E. Main Street 450 Cypress Creek, Bldg. 1 Round Rock, Texas 78664 Cedar Park, Texas 78613 Amendment: This Agreement may be amended by the mutual written agreement of both parties hereto. 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(s) had not been contained herein. 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. 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. Recitals: The 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 Region tility Authority City of Cedar Park, Texas By: ���-. By: Tom Gallier, General Manager Brenda Eivens, City Manager ,� � �� Date: i � Date: Interlocal Purchasing Agreement 3 ATTEST: ,r By: By: Kris Whideld, Secretary LeAnn Quinn, City Secretary Interlocal Purchasing Agreement 4