Contract - Travis County - 6/11/2015 INTERLOCAL AGREEMENT FOR JOINT AND COOPERATIVE
PURCHASING BY AND BETWEEN THE
CITY OF ROUND ROCK AND
TRAVIS COUNTY
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 Travis County, Texas (hereinafter referred to as the "Local
Governments"), acting by and through their respective authorized signatories 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 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 fmd that the amount paid for the services performed under this
Agreement fairly compensates the performing party; and,
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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
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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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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� IAq day of the month of It) ' 2015.
CITY OF ROUND ROCK,TEXAS
By: _ r. 0 W. - L--�
Name: VL
Title:
Date Signed:
Address for Notice:
ATTEST:
By: _ on/t— -&—*
City Clerk
FOR CIT PPROVED S TO FORM:
By:
City Attey
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EXECUTED on this the day of the month of ) 2015.
TRAVIS COUNTY,TE
By:
Name: 'jNYZ,4W CCS 14AYU�T
Title: C0011,- C-{ -501?&G
Date Signed: G2
lam.
Address for Notice:
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