R-2024-300 - 11/7/2024 RESOLUTION NO. R-2024-300
WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A., authorizes local
governments and agencies of the state to enter into agreements with one another to perform
governmental functions and services, and
WHEREAS, the City of Round Rock wishes to enter into an Interlocal Agreement with the
City of Bastrop for the purpose of participating in joint and cooperative purchasing, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK,TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City an Interlocal
Agreement with the City of Bastrop, a copy of same being attached hereto as Exhibit "A" and
incorporated herein for all purposes.
The City Council 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 7th day of November, 2024.
CRAI MO AN,Mayor
City of Rou Rock, Texas
AT T:
kt&'
ANN KL , City Clerk
0112.20242:4877-5227-3140
EXHIBIT
„A»
RESOLUTION NO. R-2024-120
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BASTROP, TEXAS,
TO APPROVE AN INTERLOCAL AGREEMENT FOR JOINT AND
COOPERATIVE PURCHASING BY AND BETWEEN THE CITY OF
BASTROP AND THE CITY OF ROUND ROCK ATTACHED AS EXHIBIT A;
AUTHORIZING THE EXECUTION OF ALL NECESSARY DOCUMENTS;
PROVIDING FOR FINDINGS OF FACT; REPEALER; SEVERABILITY;
EFFECTIVE DATE; PROPER NOTICE AND MEETING.
WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government
Code,a local government to participate in a cooperative purchasing program
with another local government or local cooperative organization;and
WHEREAS, the City of Bastrop and the City of Round Rock("Parties")are local
governments as that term is defined in Section 271.101(2)of the Texas Local
Government Code;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
WHEREAS, each of the Parties finds that its payments for services performed pursuant
to the Interlocal Agreement("Agreement"),attached hereto as Exhibit A,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
City of Bastrop,Texas Page 1 of 9
Resolution No.R-2024-120
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
WHEREAS, the City Council today desires to approve the Agreement,attached
hereto and incorporated herein as Exhibit A.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF BASTROP,TEXAS,THAT:
Section 1. Finding of Facts: All of the above premises are hereby found to be
true and correct legislative and factual findings of the City Council of the
City of Bastrop, Texas, and are hereby approved and incorporated into the
body of this Resolution as if copied in their entirety.
Section 2. Approval & Execution: The City Council hereby approves the
Agreement,which is attached and incorporated herein as Exhibit A, and
authorizes the execution of the Agreement on behalf of the City.
Section 3. Repealer: To the extent reasonably possible, resolutions are to be
read together in harmony. However,all resolutions,or parts thereof, that are
in conflict or inconsistent with any provision of this Resolution are hereby
repealed to the extent of such conflict, and the provisions of this Resolution
shall be and remain controlling as to the matters regulated.
Section 4. Severability: Should any portion or part of this Resolution be held for any
reason invalid or unenforceable by a court of competent jurisdiction,the same
shall not be construed to affect any other valid portion hereof,but all valid
portions hereof shall remain in full force and effect.
Section 5. Effective Date: This Resolution shall be in full force and effect from and
after its passage.
Section 6. Proper Notice& Meeting: The City Council 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 Texas Open Meetings Act,Chapter 551,Texas Government
Code, as amended.
City of Bastrop,Texas Page 2 of 9
Resolution No.R-2024-120
Exhibit A
INTERLOCAL AGREEMENT FOR JOINT AND COOPERATIVE
PURCHASING BY AND BETWEEN THE
CITY OF ROUND ROCK AND
CITY OF BASTROP qq
This Interlocal Agreement(hereinafter referred to as the "Agreement") isgntered into by
and between the undersigned Local Governments of the State of Texas, namely the City of
Round Rock, Texas, and the City of Bastrop, Texas (hereinafter referred togas the "Local
Governments"), acting by and through their respective au'thorize&si its, pursuant to and
under authority of the Interlocal Cooperation Act, Chapter 791otrthe Te as Government Code,
for the purpose of participating in joint and cooperative purtang. Tie'undersigned Local
Governments may be referred to in this Agreement individually a •a XPart91' 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 local governments as that term is defined in Section
271.101(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,
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,
City of Bastrop,Texas Page 4 of 9
Resolution No.R-2024-120
DULY RESOLVED& ADOPTED by the City Council of the City of Bastrop,Texas,on this,the 1061
day of September 2024.
1 �1T Y CITY OF BASTROP,TEXAS:
(0411
Lyle Nelson,Mayor
ATTEST:
Irma Parker,Interim City Secretary
APPROVED AS TO FORM:
Alan Bojorquez, City Attorney
City of Bastrop,Texas Page 3 of 9
Resolution No.R-2024-120
DULY RESOLVED&ADOPTED by the City Council of the City of Bastrop,Texas,on this, the 10'h
day of September 2024.
G�T Y Op CITY OF BASTROP,TEXAS:
Ow
pC .7/
" e Lyle Nelson,Mayor
ATTEST: ib
01
Irma Parker,Interim City Secretary
APPROVED AS TO FORM:
Alan Bojorque .,Cit rney
City of Bastrop,Texas Page 3 of 9
Resolution No.R-2024-120
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 (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
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.
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
City of Bastrop,Texas Page 5 of 9
Resolution No.R-2024-120
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.
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.
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Resolution No.R-2024-120
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 on the following page.]
City of Bastrop,Texas Page 7 of 9
Resolution No.R-2024-120
EXECUTED on this the day of the month of ,2024.
CITY OF ROUND ROCK,TEXAS
By:
Craig Morgan, Mayor
Date Signed:
Address for Notice:
221 East Main Street
Round Rock,Texas 78664
ATTEST:
By:
Ann Franklin, City Clerk
FOR CITY,APPROVED AS TO FORM:
By:
Stephanie L. Sandre,City Attorney
City of Bastrop,Texas Page 8 of 9
Resolution No.R-2024-120
OcAt
EXECUTED on this the ��a day of the month of kC I _. 2024.
CITY OF BASTROP,TEXAS
By: l,, Az ...
Lyle Nelson, Mayor Date Signed: j, y 2_ lU2t.i
Address for Notice: Gst Y Op
13 l 1 Chestnut Street 1�
Bastrop,Texas 78602 ^- O ���
Air
ATTEST:
/ ) i e•
r
By:�- i 714_, 1 l is kill-. 4
Irma Parker, City Secretary 46)4 S T g°
City of Bastrop,Texas Page 9 of 9
Resolution No.R-2024-120