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BCRUA-2025-006 - 3/26/2025RESOLUTION NO. BCRUA-2025-006 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 Brushy Creek Regional Utility Authority (`BCRUA") desires to enter into an interlocal participation agreement with Sourcewell for the purpose of participating in Sourcewell's cooperative purchasing program, Now Therefore BE IT RESOLVED BY THE BRUSHY CREEK REGIONAL UTILITY AUTHORITY, That the General Manager is hereby authorized and directed to execute on behalf of the BCRUA a Participation Agreement with Sourcewell, 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 26th day of March, 2025. ANNE DYJFFY, Vice -Prudent Brushy Creek Regional U lity Authority ATTEST: R E FLORES, Sec tart' 0330.4634-A;4899-5295-8763 DocuSign Envelope ID: 699C2238-08BA-4EAB-97EC-OB6E3F2CA3B7 EXHIBIT "A" Sourcewell Cooperative Purchasing Program Participation Agreement This Participation Agreement is between Sourcewell and Participating Entity to provide access to Sourcewell's Cooperative Purchasing Program. Sourcewell's Board of Directors has approved these terms and conditions through operation of this intergovernmental Participation Agreement. Participating Entity approves this Agreement upon registration with Sourcewell. Section 1: Authority 1.1 Sourcewell is a service cooperative established by Minn. Stat. § 123A.21 as a local unit of government pursuant to the Minn. Const. art. XH, sec. 3. 1.2 Sourcewell is authorized to provide a Cooperative Purchasing Program by Minn. Stat. § 123A.21, subd. 7(23) to Participating Entities. 1.3 Sourcewell's cooperative purchasing master agreements are offered through Minn. Stat. § 471.59 and this Participation Agreement. The Sourcewell Board of Directors has approved these participation terms, and Sourcewell is authorized to enter this interlocal or joint powers agreement with an eligible Participating Entity through this Participation Agreement. 1.4 Participation in Sourcewell's Cooperative Purchasing Program is open to eligible Participating Entities. A Participating Entity is any eligible entity registering with Sourcewell, including: any government unit, including a state, city, county, town, village, school district, political subdivision of any state, federally recognized Indian tribe, any agency of the United States, any instrumentality of a governmental unit, any other entity as defined in Minn. Stat. § 471.59 Subd. l (b). 1.5 Participating Entity and Sourcewell agree this Participation Agreement is for the purpose of allowing access to available Sourcewell Cooperative Purchasing Program master agreements with awarded Suppliers. 1.6 Participating Entity represents, through an authorized signatory, it is eligible for participation as defined in this Agreement. Section 2: General Terms 2.1 Sourcewell will make its Cooperative Purchasing Program available to Participating Entity. Sourcewell master agreements are provided to Participating Entity "as is." Sourcewell makes no representation as to warranties of quality, merchantability, or fitness for a particular purpose for any purchase through a Supplier. Participation in the Program is voluntary and non- exclusive. 2.2 To purchase from Sourcewell master agreements, Participating Entity and Supplier will execute a Transaction Document(s) as mutually agreed. Participating Entity will be responsible for all aspects of its purchase, including ordering, inspecting, acceptance, payment, and any other Effective January 1, 2024 DocuSign Envelope ID: 699C2238-08BA-4EAB-97EC-OB6E3F2CA3B7 material terms as negotiated directly with Supplier. 2.3 The Parties to this Agreement will adhere to all applicable laws concerning the procurement in its respective jurisdiction. 2.4 Access to the Cooperative Purchasing Program is effective upon the date of Participating Entity's completed registration. The Agreement will remain in effect until canceled by either party upon thirty (30) days written notice to the other party. 2.5 Each party agrees that it is responsible for its acts and the results thereof, to the extent authorized by law, and will not be responsible for the acts of the other Party. 2.6 There will be no financial remunerations by or obligations upon Participating Entity for participation in Sourcewell Cooperative Purchasing Program. 2.7 Sourcewell's Cooperative Purchasing Program master agreements will be procured in compliance with Minnesota law and the Sourcewell Cooperative Purchasing Program. 2.8 The records and documents related to this this Agreement are subject to the Minnesota Data Practices Act, Minnesota Statutes Chapter 13. Section 3: Approval The Sourcewell Board of Director has approved this Policy effective January 1, 2024. Sourcewell: DocuSigned by: By 6B 4 Z6984.. AuthorizeXlgna8ture — Signed By Greg Zyl ka Name — Printed Title Sourcewell Board of Directors Chair Thtp 2 2 4 4 PM CST DocuSigned by: B Uk4 Qvfs Authorize Signature — Signed By Linda Arts Name — Printed Title Sourcewell Board of Directors Clerk Date 1/23/2024 1 2:01 PM CST Participating Entity: By Authorized Signature — Signed By Na'Cole Thompson Name — Printed Title President. BCRUA Date Effective January 1, 2024