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Contract - City of Bastrop - 11/7/2024 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 (R— 2 2 3nt 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 ,r•; 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, and the City of Bastrop, Texas (hereinafter referred to as the "Local Governments"), acting by and through their respective authorized sigi stories 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 putthasing. The undersigned Local Governments may be referred to in this Agreement individually"as:a'tP'ariy" 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 10th day of September 2024. Y CITY OF BASTROP,TEXAS: OD ' '' ( .71 Ar tib, a Lyle Nelson,Mayor ATTEST: AY,FT, • ei41. .. • C �� 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 10th day of September 2024. 10,1 Y Opglr CITY OF BASTROP,TEXAS: 1 .,%'.. AI ti q"-:.°•. ( .71 Ar `O Lyle Nelson,Mayor Ili, ATTEST: - 0 ,/ttr_i_Ati . o 41. 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. City of Bastrop,Texas Page 6 of 9 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 'ilk day of the month of N()Vorn , 2024. CITY OF ROUND ROCK, TEXAS By: Craig Mo an, M r Date Signed: Address for Notice: 221 East Main Street Round Rock, Texas 78664 ATTESTh By: 63NUA-Ipit Ann Franklin, City Clerk FOR CITY, APPROVED AS TO FORM: By: eph me L. Sandre, City � Attorney City of Bastrop,Texas Page 8 of 9 Resolution No.R-2024-120 EXECUTED on this the 2nc O day of the month of eic l( ,2024. CITY OF BASTROP,TEXAS By: �.. /1. . Lyle Nelson, Mayor Date Signed: gok 2 2o2 LI Address for Notice: Y 1311 Chestnut Street G1� O1A�1,, Bastrop, Texas 78602 4 © •, O Qo ATTEST: Is ;� a : By:j7-2-,77Za__,.4 4 l' — Irma Parker, City Secretary 44 S T 3C) City of Bastrop,Texas Page 9 of 9 Resolution No.R-2024-120