CM-06-05-102C060314-1
INTERLOCAL AGREEMENT BETWEEN
THE CITY OF COLLEGE STATION
AND CITY OF ROUND ROCK
WHEREAS, Chapter 791 of the Texas Government Code, also known as the Interlocal
Cooperation Act, authorizes all local governments to contract with each other to perform
governmental functions or services including administrative functions normally associated with
the operation of government such as purchasing of necessary equipment, supplies and services;
WHEREAS, City of College Station and City of Round Rock desire to enter into this Agreement
for the purpose of fulfilling and implementing their respective public and governmental purposes,
needs, objectives, programs and services;
WHEREAS, the City of College Station is a Home -Rule Municipal Corporation organized under
the laws of Texas and is authorized to enter into this Agreement pursuant to ARTICLE II, SECTION
5 OF ITS CITY CHARTER;
WHEREAS, The City of College Station and City of Round Rock represent that each are
independently authorized to perform the functions or services contemplated by this Agreement;
WHEREAS, each party has sufficient funds available from current revenues to perform the
functions contemplated by this Agreement;
WHEREAS, it is deemed in the best interest of all participating governments that said
governments do enter into a mutually satisfactory agreement for the purchase of necessary
equipment, supplies and services;
WHEREAS, the participating governments are of the opinion that cooperation in the purchasing
of equipment, supplies, services and auctions will be beneficial to the taxpayers of the
governments through the efficiencies and potential savings to be realized.
NOW THEREFORE, the parties hereto, in consideration of the mutual covenants and
conditions contained herein, promise and agree as to each of the other as follows:
1. City of College Station and City of Round Rock Purchasing Agents shall
be authorized to jointly prepare bids, proposals, requests for qualifications
and other procurement activity for the purchase of equipment, supplies,
services, insurance, high technology, professional services and other
expenditures that may be exempt from competitive bidding/proposals.
2. The Purchasing Agents shall fairly distribute the bids, proposals, requests
for qualifications and other purchases to be made and the cost of
advertising shall be borne equally by each entity, whenever joint
purchasing is undertaken.
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3. The City of College Station and City of Round Rock Purchasing Agents
shall agree on who is responsible for all such administrative duties as may
be necessary to lawfully facilitate processing and preparation of any bids,
proposals and request for qualifications and other procurement activity as
may be required for the purchase of any equipment, supplies, services,
insurance, high technology, professional services and other expenditures
that may be exempt from competitive bidding/proposals. The City of
College Station and City of Round Rock shall share equally any and all
cash rebates related to any joint purchases pursuant to this Agreement.
4. Each entity shall pay invoices directly to the providers of goods and
services that are invoiced and delivered directly to each respective entity.
5. Participation of either entity in any cooperative purchasing activity is
strictly voluntary. Nothing in this Agreement shall prevent either entity
from purchasing and/or accepting and awarding bids, proposals and
contracts subject to this Agreement on its own behalf.
6. Each entity shall ensure that all applicable laws and ordinances have been
satisfied.
7. Effective Date and Term. This Agreement shall be effective when
signed by the last party whose signing makes the Agreement fully
executed and will remain in full force and effect until September 30, 2006.
This Agreement shall automatically renew for successive one-year terms
unless sooner terminated in accordance with the provisions of this
Agreement. The conditions set forth below shall apply to the initial term
and all renewals. Notwithstanding this provision, any party may modify or
terminate this Agreement as provided in Paragraph(s) 8 or 9.
8. Modification. The terms and conditions of this Agreement may be
modified upon the mutual consent of all parties. Mutual consent will be
demonstrated approval of each governing body of each party hereto. No
modification to this Agreement shall be effective and binding unless and
until it is reduced to writing and signed by duly authorized representatives
of all parties.
9. Termination. By the City of College Station or City of Round Rock.
This Agreement may be terminated at any time by the City of College
Station or City of Round Rock, with or without cause, upon thirty (30)
days written notice to the other parties in accordance with Paragraph 12
herein.
10. Hold Harmless. The City of College Station and City of Round Rock
agree to hold each other harmless from and against any and all
claims, losses, damages, causes of action, suits and liabilities of every
kind, including all expenses of litigation, court costs and attorney's
fees, for injury or death of any person, for damage to any property, or
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for any breach of contract, arising out of or in connection with the
work done under this Agreement.
11. Invalidity. If any provision of this Agreement shall be held to be invalid,
illegal, or unenforceable by a court or other tribunal of competent
jurisdiction, the validity, legality and enforceability of the remaining
provisions shall not in any way be affected or impaired thereby. The
parties shall use their best efforts to replace the respective provision or
provisions of this Agreement with legal terms and conditions
approximating the original intent of the parties.
12. Written Notice. Unless otherwise specified, written notice shall be
deemed to have been duly served if delivered in person or sent by certified
mail to the last business address as listed herein.
City of College Station:
Fiscal Services - Purchasing Divison
City of College Station
1101 Texas Ave.
P.O. Box 9960
College Station, Texas 77842
City of Round Rock: Purchasing Department
221 East Main St.
Round Rock, Texas 78664
13. Entire Agreement. It is understood that this Agreement contains the
entire agreement between the parties and supercedes any and all prior
agreements, arrangements, or understandings between the parties relating
to the subject matter. Nor oral understandings, statements, promises, or
inducements contrary to the terms of this Agreement exist. This
Agreement cannot be changed or terminated orally. No verbal agreement
or conversation with any officer, agent, or employee of any party before or
after the execution of this Agreement shall affect or modify any of the
terms or obligations hereunder.
14. Amendment. No Amendment to this Agreement shall be effective and
binding unless and until it is reduced to writing and signed by duly
authorized representatives of both parties.
15. Texas Law. This Agreement has been made under and shall be governed
by the laws of the State of Texas.
16. Place of Performance. Performance and all matters related thereto shall
be in Brazos County, Texas, United States of America.
17. Authority to Enter Contract. Each party has the full power and
authority to enter into and perform this Agreement and the person signing
this Agreement on behalf of each party has been properly authorized and
empowered to enter into this Agreement. The persons executing this
Agreement hereby represent that they have authorization to sign on behalf
of their respective corporations.
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18. Waiver. Failure of any party, at any time, to enforce a provision of this
Agreement, shall in no way constitute a waiver of that provision, nor in
anyway affect the validity of this Agreement, any part hereof, or the right
of either party thereafter to enforce each and every provision hereof. No
term of this Agreement shall be deemed waived or breach excused unless
the waiver shall be in writing and signed by the party claimed to have
waived. Furthermore, any consent to or waiver of a breach will not
constitute consent to or waiver of or excuse of any other different or
subsequent breach.
19. Agreement Read. The parties acknowledge that they have read,
understand and intend to be bound by the terms and conditions of this
Agreement.
20. Assignment. This Agreement and the rights and obligations contained
herein may not be assigned by any party without the prior written approval
of the other parties to this Agreement.
21. Multiple Originals. It is understood and agreed that this Agreement may
be executed in a number of identical counterparts, each of which shall be
deemed an original for all purposes.
CITY OF COLLEGE STATION
BY: C..u�..
Ron Silvia, ayor
DATE:
Connie Hooks, City Secretary
APP
FiR
Glenn Brown, City Manager
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CITY OF ROUND ROCK
ATTEST:
R MaAtu;:11,
Jeff K
Contract No.
03/16/06
'rector of Strategic Planning
& Finance
5
CO60314-1
DATE: May 5, 2006
SUBJECT: City Manager Approval
ITEM: Consider a resolution authorizing the City Manager to execute an
Interlocal Agreement with the City of College Station, Texas, for the
purchase of various commodities using jointly prepared procurement
options.
Department: Finance Department
Staff Person: Cindy Demers
,justification:
State law allows cities to enter into Interlocal agreements
between local governmental bodies to satisfy state bidding
requirements when purchasing goods and services. The
purpose of this agreement is to provide the City another
option to facilitate compliance with state bidding
requirements and realize administrative cost savings.
Funding:
Cost: N/A
Source of funds: General and Utility Funds
Background Information: Interlocal agreements with other local
governmental entities satisfies state bidding
laws without the City having to incur
administrative costs and effort in the bid
process while giving the City access to
competitively bid pricing on commodities and
equipment. This saves the City time and
money when the commodities and equipment
specifications match our needs.
Updated 3-10-05
Request for City Council/City Manager Action
[i City Council El City Manager
Submit completed form for all City Manager and City Council approvals.
Department Name: Finance
Contact Person: Noelle Jones/Cheryl Delaney
Project
Manager/Resource: Cindy Demers
Project Coordinator: Howard Baker/ Ric Bowden
Assigned Attorney:
Council or City Manager Approval Date:
Blue Sheet Wording
For Administration Use ONLY
Recei d: ,(�i ��-�-.- (�
Tag # 4M v to `-ld ✓
Original Documents Received:
Project Name: City of College Station Interlocal
ContractorNendor:
Funding Source:
Amount:
Account Number:
5 -May -06
'-2/0)(1)-
General and Utility Funds
$ n/a
Consider a resolution authorizing the City Manager to execute an Interlocal Agreement with the City of College Station, Texas, for the purchase of various commodities using jointly
prepared procurement options.
Finance Information
Is Funding Required?
Finance Approval
EJ Finance
❑ Finance
XD Purchasing
Budget
Yes
No
Initial Construction Contract
Construction Contract Amendment #
Change Order
Change in Quantity
Unforeseen Circumstances
Initial Professional Services Agreement
Supplemental Professional Svcs. A #
Purchasing/Service Agreement
Purchase Order
Item(s) to be purchased:
Other (Please clearly identify action on lines below)
funding required each specific purchase
Amount
Howard Baker
N/A CYD
Date
Date
Date
Date
5/3/2006
5/3/2006
Required for Submission of ALL City Council and City Manager Items
Project Mgr. Signat
Dept. Director Signature:
City Attorney Signature*:
City Manager Signature:
tiki7
Legval is required for all items.
Date: ��y
Date:
Date: /41/ 0
Date: 5-15-o&
Updated 2/16/06