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CM-07-03-032STATE OF TEXAS COUNTY OF WILLIAMSON § INTERLOCAL COOPERATION AGREEMENT This Interlocal Cooperation Agreement ("Agreement") is by and between the City of Georgetown, Texas ("Georgetown"), and the City of Round Rock, Texas ("Round Rock"), 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, each party has and will on an annual basis obtain competitive bids for the purchase of goods and services; and WHEREAS, the parties desire to enter into a cooperative purchasing program which will allow each party to purchase under goods and services under each other's competitively bid contracts 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 The purpose of this Agreement is to establish a cooperative purchasing program between the parties, which will allow each party to purchase goods and services under each other's competitively bid contracts pursuant to Subchapter F, Chapter 271 of the TEX. LOC. GOV'T CODE. GM -01-o3 -03a-I 63149 ARTICLE II TERM C061012-1 The term of this Agreement shall be for a period of one (1) year commencing on the last date of execution hereof ("Effective Date"). Thereafter this Agreement shall automatically renew for successive periods of one (1) year each under the terms and conditions stated herein, unless sooner terminated as provided herein. ARTICLE III TERMINATION Either party may terminate this Agreement by providing thirty (30) days prior written notice to the other party. ARTICLE IV PURCHASING The City Manager or designee for each of party is authorized to act on behalf of the respective party in all matters relating to this cooperative purchasing program. Each party shall make payments to the other party or directly to the vendor under the contract made pursuant to Subchapter F, Chapter 271 of the TEX. Loc. Gov'T CODE. Each party shall be responsible for the respective vendor's compliance with provisions relating to the quality of items and terms of delivery. ARTICLE V MISCELLANEOUS 5.1 Relationship of Parties: This Agreement is not intended to create, nor should it be construed as creating, a partnership, association, joint venture or trust. 5.2 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 below the signature of the party. 5.3 Amendment: This Agreement may be amended by the mutual written agreement of both parties hereto. 5.4 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. 5.5 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 of 63149 C061012-1 the State of Texas; and venue for any action concerning this Agreement shall be in the Courts of Williamson County, Texas. 5.6 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. 5.7 Recitals: The recitals to this Agreement are incorporated herein. 5.8 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 as '/A y of 200/. ATTEST: By: i4 CITY SECRETARY EXECUTED this q day of CITY F GEO _GETOWN, TEXAS By. ARY LON, MAYOR 113 E. 8th Street P.O. Box 409 Georgetown, Texas 78627 Plakcit) /! CIT ROUND ROCK By: -1.----• , Nam . P0165 eIAJL/5E)PE. Title: O T/ lawl.)14& ) Address: eQa / S• 1))/(41A) (5T,E6" C /?ILJAJD POC.k)Y lgloV{ 63149 CITY SECRETARY BLUE SHEET FORMAT DATE: March 5, 2007 SUBJECT: City Manager Approval- March 9, 2007 ITEM: Consider an inter -local cooperative agreement with the City of Georgetown for purchase of goods and services. Department: Finance Staff Person: Cindy Demers, Director of Finance Justification: This agreement will allow for the City to utilize City of Georgetown purchasing agreements. Specifically, this agreement will allow Round Rock to purchase bulk fuel at a reduced price. It also authorizes the City to purchase other items as the need arises. Funding: Cost: N/A Source of funds: N/A Outside Resources: N/A Background Information: This type of agreement is authorized by Chapter 791 of the Texas Government Code and Subchapter F, Chapter 271, Texas Local Government Code. 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. Public Comment: Blue Sheet Format Updated 01/20/04