HomeMy WebLinkAboutRES 021213-G - Interlocal Purchasing AgmtRESOLUTION NO. 0 o i v1 I
e
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS, APPROVING AN INTERLOCAL
AGREEMENT WITH THE CITIES OF ROUND ROCK,
CEDAR PARK, HUTTO, LEANDER, TAYLOR AND
PFLUGERVILLE, TEXAS AND THE BRUSHY CREEK
REGIONAL UTILITY AUTHORITY, INC FOR THE
PURPOSE OF PARTICIPATING IN AN INTERLOCAL
PURCHASING COOPERATIVE PROGRAM.
WHEREAS, the City of Georgetown is a Texas Home Rule Municipal Corporation; and
WHEREAS, it is the desire of the aforesaid parties to comply with and further the policies
and purposes of the Interlocal Cooperation Act; and
WHEREAS, Subchapter C, Chapter 791.025 of the Texas Government Code, provides in
relevant parts as follows:
(a) A local government, including a council of governments, may agree with another local
government or with the state or a state agency, including the comptroller, to purchase goods and
services.
(b) A local government, including a council of governments, may agree with another local
government, including a nonprofit corporation that is created and operated to provide one or more
governmental functions and services, or with the state or a state agency, including the comptroller, to
purchase goods and any services reasonably required for the installation, operation, or maintenance
of the goods. This subsection does not apply to services provided by firefighters, police officers, or
emergency medical personnel.
(c) A local government that purchases goods and services under this section satisfies the
requirement of the local government to seek competitive bids for the purchase of the goods and
services.
WHEREAS, Subchapter F, Chapter 271.102 of the Texas Local Government Code,
"Cooperative Purchasing Program Participation," provides that a local government may participate in
a cooperative purchasing program with other local governments or a local cooperative organization
established to provide local governments access to contracts with vendors for the purchase of
materials, supplies, services or equipment; and
WHEREAS, the City of Georgetown desires to participate with the Cities of Round Rock,
Cedar Park, Hutto, Leander, Taylor, Pflugerville and the Brushy Creek Regional Utility Authority,
Inc.; and
WHEREAS, the City of Georgetown has reviewed the benefits of participating in this
program and based on this review has concluded that the program will provide the best value to the
taxpayers of this this municipality through the anticipated savings to be realized.
Resolution Number: ODIaa Page 1 of 2
Description: Interlocal Purchasing Cooperative Program
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF GEORGETOWN, TEXAS, THAT:
SECTION 1. The facts and recitations contained in the preamble of this Resolution are
hereby found and declared to be true and correct, and are incorporated by reference herein and
expressly made a part hereof, as if copied verbatim, and the adoption of this Resolution is in
conformance with the City of Georgetown. 2030 Comprehensive Plan.
SECTION 2. The Mayor, or Mayor Pro Tem, of the City of Georgetown is hereby
authorized to execute the "Interlocal Agreement" attached hereto as "Exhibit A" for the purpose of
authorizing the City of Georgetown to participate with the Cities of Round Rock Cedar Park Hutto,
Leander, Taylor, Pflugerville and the Brushy Creek Regional Utility Authority, Inc. in the
cooperative purchasing program..
SECTION 3. If any provision of this Resolution or application thereof to any person or
circumstance shall be held invalid, such invalidity shall not affect the other provisions or application
thereof, of this Resolution which can be given effect without the invalid provision or application, and
to this end the provisions of this Resolution are hereby declared to be severable.
SECTION 4. The Mayor, or Mayor Pro Tem, of the City of Georgetown is hereby
authorized to execute this Resolution and the City Secretary to attest.
SECTION 4. This Resolution shall be effective immediately upon its passage.
RESOLVED this t a day of H IC* ./, 2013.
ATTEST'
B
APPROVED AS TO FOR
1
Bridget Chapma
Acting City Attorney
Resolution Number: coa l ;
Description: Interlocal Purchasing Cooperative Program
THE CITY OF GEORGETOWN
By:
George Ga ver, Mayor
Page 2 of 2
INTERLOCAL AGREEMENT FOR JOINT AND COOPERATIVE
PURCHASING BY AND BETWEEN THE CITIES OF ROUND ROCK,
CEDAR PARK, HUTTO, LEANDER, GEORGETOWN, TAYLOR, AND
PFLUGERVILLE TEXAS, AND THE BRUSHY CREEK REGIONAL
UTILITY AUTHORITY, INC , AND OPEN TO OTHER ELIGIBLE
GOVERNMENTAL ENTITIES
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, the City of Cedar Park, Texas, the City of Hutto, Texas, the City of Leander
Texas, the City of Georgetown, Texas, the City of Taylor, Texas, the City of Pflugerville, Texas,
and the Brushy Creek Regional Utility Authority, Inc. (hereinafter referred to as the ' Local
Governments '), acting by and through their respective signature authorities, 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 all 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,
00251961/jkg
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 find that the amount paid for the services performed under this
Agreement fairly compensates the performing party; and,
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.
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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
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
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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.
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 day of the month of , 2012.
CITY OF ROUND ROCK, TEXAS
By:
Name.
Title:
Date Signed:
Address for Notice:
ATTEST:
By:
City Clerk
FOR CITY, APPROVED AS TO FORM:
By:
City Attorney
EXECUTED on this the day of the month of , 2012.
CITY OF CEDAR PARK, TEXAS
By:
Name.
Title:
Date Signed:
Address for Notice:
ATTEST:
By:
City Secretary
FOR CITY, APPROVED AS TO FORM:
By:
City Attorney
EXECUTED on this the day of the month of , 2012.
CITY OF HUTTO, TEXAS
By:
Name:
Title:
Date Signed:
Address for Notice:
ATTEST:
By:
City Secretary
FOR CITY, APPROVED AS TO FORM.:
By:
City Attorney
EXECUTED on this the day of the month of , 2012.
CITY OF LEANDER, TEXAS
By:
Name.
Title:
Date Signed:
Address for Notice:
ATTEST:
By:
City Secretary
FOR CITY, APPROVED AS TO FORM:
By:
City Attorney
EXECUTED on this the day of the month of , 2012.
CITY OF GEORGETOWN, TEXAS
By:
Name.
Title:
Date Signed:
Address for Notice:
ATTEST:
By:
City Secretary
FOR CITY, APPROVED AS TO FORM:
By:
City Attorney
EXECUTED on this the day of the month of , 2012.
CITY OF TAYLOR, TEXAS
By:
Name:
Title:
Date Signed:
Address for Notice:
ATTEST:
By:
City Secretary
FOR CITY, APPROVED AS TO FORM:
By:
City Attorney
EXECUTED on this the day of the month of , 2012.
CITY OF PFLUGERVILLE, TEXAS
By:
Name:
Title:
Date Signed:
Address for Notice:
ATTEST:
By:
City Secretary
FOR CITY, APPROVED AS TO FORM:
By:
City Attorney
EXECUTED on this the day of the month of , 2012.
BRUSHY CREEK REGIONAL UTILITY AUTHORITY, INC. (BCRUA)
By:
Name:
Title:
Date Signed:
Address for Notice:
ATTEST:
By:
Board Secretary
FOR CITY, APPROVED AS TO FORM:
By:
Board Attorney