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HomeMy WebLinkAboutRES 042611-F - Agmt North Richland HillsRESOLUTION NO. O"idep : L F A Resolution of the City Council of the City of Georgetown, Texas Approving an Interlocal Agreement with City of North Richland Hills , Texas for the Purpose of Participating in an Interlocal Purchasing Cooperative Program; Providing a Severability Clause; and Providing and Effective Date. WHEREAS; the City of Georgetown is a Texas Horne Rule Municipal Corporation, and City of North Richland IIills is a Texas Home Rule Municipal Corporation of the State of Texas; and WHEREAS, it is the desire of the aforesaid parties to comply with and further the policies and purpose of the Interlocal Cooperation Act; WHEREAS, The "Texas Interlocal Cooperation Act", Tex. Gov. Code Ch. 791, provides, in relevant part, as follows: § 791.025 Government Contracts for Purchases (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 Texas Procurement and Support Services, 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 Texas Procurement and Support Services, 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, Chapter 271, Subchapter F "Cooperative Purchasing Program," Tex. Local Gov. Code Secs. 271.101 - .012, 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. Resolution No. Participation in Interlocal Cooperative Purchasing Program Page 1 of 3 WHEREAS the City of Georgetown desires to participate with City of forth Richland hills in a Cooperative Purchasing Prograrn. WHEREAS; the City of Georgetown has reviewed the benefits of participating in this program and based on this review has concluded the program will provide the best value to taxpayers of this municipality through the anticipated savings to be realized. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Georgetown as follows: 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. The City Council hereby finds that this resolution complies with the Vision Statement of the City of Georgetown 2030 Comprehensive Plan. Section 2: The Mayor or Mayor Pro Tem of the City of Georgetown is authorized to execute the "Interlocal Agreement" attached hereto as 'Exhibit A' for the purpose of authorizing the City of Georgetown to participate with City of North Richland Hills in a cooperative Purchasing Prograui. 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 is hereby authorized to sign this Resolution and the City Secretary to attest. Section 5: This Resolution shall become effective immediately upon its passage. RESOLVEI) on the ATTEST: ca rittan 'ArtFArt -1 y Secretary APPROVEI) AS TO FORM: Mark Sokolow, City Attorney Resolution No. 0y a(<f 1' 17 day o 2011. THE C_ Y OF GEORGETOW By: Gorge G. Garver Mayor Participation in Interlocal Cooperative Purchasing Program Page2of3 CERTIFICATION I certify the foregoing is a true and correct copy of the Resolution duly adopted by the City Council of the City of Georgetown on the 0(p day of A 2011. By Jessi f F gve+f' e City ecretary City of Georgetown, Texas Date: MO1v 3,00t Resolution No. OLIROJEme Participation in Interlocal Cooperative Purchasing Program Page 3 of 3 EX H Br-r t� � ►� INTERLOCAL AGREEMENT BETWEEN CITY OF NORTH RICHLAND HILLS AND CITY OF GEORGETOWN This Agreement made and entered into by and between the City of North Richland Hills, hereinafter referred to as "NRH", and the City of Georgetown, hereinafter referred to as "City of Georgetown". Pursuant to the authority granted by the Texas Interlocal Cooperation Act, Chapter 791, Texas Government Code {Vernon's Annotated Texas Statutes} providing for the cooperation between local governmental bodies, the parties hereto, in consideration of the premises and mutual promises contained herein, agree as follows: NRH and City of Georgetown desire to enter into an Agreement for the purchase of goods and services from vendors selected through the competitive bidding process. Specifications for said items should be determined in cooperation with the final approval of the entity processing the bid. The responsibility of each entity shall be as follows: I. NORTH RICHLAND HILLS NRH shall be allowed to purchase goods and services from vendors who have been selected by City of Georgetown through the competitive bidding process. NRH will place orders directly with and pay directly to the selected vendor for goods and services purchased through a contract. 2. All purchases will be within the specifications that have been agreed to. NRH shall be responsible for the Vendors compliance with all conditions of delivery, pnce and quality of the purchased goods or services. 3. NRH shall give a 30-day written notification to all participating agencies of any change or cancellation of participation. 4. The Purchasing Agent shall be designated as the official representative to act for NRH on all matters relating to this cooperative purchasing agreement. II. City of Georgetown City of Georgetown shall be allowed to purchase goods and services from vendors who have been selected by NRH through the competitive bidding process of NRH. City of Georgetown will place orders directly with and pay directly to the selected vendor for goods and services purchased through a contract. All purchases will be within the specifications and estimates that have been agreed to. City of Georgetown shall be responsible for the Vendors compliance with all conditions of delivery, price and quality of the purchased goods or services. City of Georgetown shall give a 30-day written notification to NRH of any change or cancellation of participation. The Purchasing Manager shall be designated as the official representative to act for City of Georgetown in all matters relating to this cooperative purchasing agreement. Per Section 391.011 of the Government Code, each Party paying for the performance of government functions or services must make those payments from current revenues available to the paying Party. Neither the City of Georgetown nor the City of North Richland Hills will charge an administrative fee. This Agreement shall take effect upon execution by the signatories and shall be in effect from date of execution until terminated by either party with thirty (30) written notice. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers. CITY OF NORTH RICHLAND HILLS CITY OF GEORGETOWN BY: BY: City Manager DATE. ATTEST: City Secretary TITLE DATE. ATTEST: TITLE. APPROVED AS TO FORM: APPROVED AS TO FORM: Attorney for the City of NRH City Attorney of City of Georgetown