CM-06-05-116C0 6 V 330
INTERLOCAL AGREEMENT
BETWEEN CITY OF ROUND ROCK, TEXAS
AND CITY OF DUNCANVILLE, TEXAS
This Interlocal Cooperation Agreement ("Agreement") is by and between the City
of Round Rock, Texas ("Round Rock"), and the City of Duncanville, Texas
("Participant"), acting by and through their authorized officers.
RECITALS:
WHEREAS, this Agreement is authorized by Chapter 791 of the Texas
Government Code and Subchapter F, Chapter 271, Texas Local Government Code; and
WHEREAS, Section 271.102 of the TEX. Loc. Gov'T CODE authorizes a local
government to participate in a Cooperative Purchasing Program with another local
government or a local cooperative organization; and
WHEREAS, a local government that purchases goods and services 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 and
materials; and
WHEREAS, Round Rock has obtained competitive bids for the purchase of Cold
Water Meters; and
WHEREAS, the parties desire to enter into a Cooperative Purchasing program
which will allow Participant to purchase under Round Rock's Bid #05-028 described in
Exhibit "A" attached hereto ("Round Rock Bid") pursuant to Subchapter F, Chapter 271
of the TEX. Loc. Gov'T CODE;
NOW THEREFORE, in consideration of the mutual covenants and promises
contained herein, the parties agree as follows:
ARTICLE I
PURPOSE
1. The purpose of this Agreement is to establish a Cooperative Purchasing
Program between the parties, which will allow Participant to purchase goods and/or
services pursuant to Round Rock Bid.
ARTICLE II
TERM
2. The term of this Agreement shall commence on the date on which all
parties hereto have executed this Agreement ("Effective Date"). This Agreement shall
CM-oc,.c-- I
0 0 3 3 0
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stated herein, unless superseded by a supplemental agreement or terminated as provided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
3. Either party may terminate this Agreement by providing thirty (30) days
prior written notice to the other party.
ARTICLE IV
PURCHASING
4. The City Manager or designee for each of the parties authorized to act on
behalf of the respective parties in all matters relating to the Cooperative Purchasing
Program. The Participant shall make payments directly to the vendor under the contract
made under the Round Rock Bid. The Participant shall be responsible for the vendor's
compliance with provisions relating to the quality of items and terms of delivery, to the
extent provided in the agreement.
ARTICLE V
MISCELLANEOUS
5. Relationship of Parties: This Agreement is not intended to create, nor
should it be construed as creating, a partnership, association, joint venture or trust.
6. 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.
7. Amendment: This Agreement may be amended by the mutual written
agreement of both parties hereto.
8. Severability: In the event any one 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.
9. 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 Williamson County, Texas.
10. 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.
11. Recitals: The recitals to this Agreement are incorporated herein.
12. Counterparts: This Agreement may be executed in any number of
counterparts, each of whom shall be deemed an original and constitute one and the same
instrument.
EXECUTED this ) q day of Thal,2006.
CITY OF ROUND ROCK, TEXAS
ATT ST:
By:
By:
Title: e/7y 1114AYIeEz
Date:
5 -IQ- OCD
CITY SECRETARY
EXECUTED this 3rd day of May
ATTEST:
By:
k.4E,
C YSECRETARY
PA CI
By: .. ►
Name: Kent Cagle
Title:
, 2006.
City Manager
0 6033
EXHIBIT "A"
TO
"INTERLOCAL AGREEMENT BETWEEN
CITY OF ROUND ROCK, TEXAS
AND CITY OF DUNCANVILLE, TEXAS"
Cold Water Meters — City of Round Rock Bid #05-028
DATE: May 8, 2006
SUBJECT: City Manager Approval -- May 19, 2006
ITEM: Consider a resolution authorizing the City Manager to execute an
Interlocal Agreement with the City of Duncanville, Texas, for the purchase of
Cold Water Meters 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 allow the City of
Duncanville the option to facilitate compliance with state
bidding requirements by purchasing Cold Water Meters
using the City's bid.
Funding:
Cost: N/A
Source of funds: N/A
Background Information: An interlocal agreement with other local
governmental entities satisfies state bidding
laws. The City of Duncanville desires to enter
into a Cooperative Purchasing program with
the City to purchase Cold Water Meters. The
City has gone through the bidding process for
the meters and is allowing access to the
competitively bid pricing to the City of
Duncanville.
Updated 3-10-05