R2017-009 2017-01-23RESOLUTION NO. R2017-9
A Resolution of the City Council of the City Of Pearland, Texas, authorizing the
City Manager or his designee to enter into an Interlocal Agreement for the
cooperative purchase of goods and services with the City of Grapevine, Texas.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Interlocal Agreement by and between the City of Pearland and
the City of Grapevine, Texas, a copy of which is attached hereto as Exhibit "A" and made a part
hereof for all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute and
the City Secretary to attest an Interlocal Agreement with the City of Grapevine, Texas.
PASSED, APPROVED and ADOPTED this the 23'd day of January, A.D., 2017.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
0"n
TOM REID
MAYOR
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Resolution No. R2017-009
Exhibit "A"
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF PEARLAND AND THE CITY OF GRAPEVINE
This agreement is made this otl-- day of Tanury . 2017. between the City of Pearland.
Texas and the City of Grapevine. Texas.
Pursuant to the authority granted by the "Texas interlocal Cooperation Act Chapter 791 Texas
Government Code, providing for the cooperation between local government bodies. the parties
hereto, in consideration of the premises and mutual protnises contained herein agree as follows:
Whereas, the parties. in performing governmental functions or in paying for the performance of
governmental functions hereunder shall make that performance or those payments from current
revenues legally available to that party;
Whereas, the governing bodies of each party find that the subject of this contract is necessary for
the benefit of the public, and that each party has the legal authority to perform and to provide the
governmental function or service which is the subject matter of this contract: furthermore, the
governing bodies find that the performance of this contract is in the common interest of both
parties; and that the division of cost fairly compensates the performing party for the services
performed under this contract.
1.
The City of Grapevine. hereby makes, constitutes and appoints the City of Pearland its true and
lawful purchasing agent for the purchase of various commodities or services provided by
contracts or purchase agreements, hereinafter referred to as contract, awarded by the City of
Pearland. Conversely, The City of Pearland, hereby makes. constitutes and appoints the City of
Grapevine its true and lawful purchasing agent for the purchase of various commodities or
services provided by contracts awarded by the City of Grapevine.
To utilize one or more of existing contracts. the non -contract awarding City must request
authorization from the contract awarding City. Upon receipt of request, the contract awarding
City will seek approval from the contracted provider. The non -awarding City agrees that the
awarding City shall serve as the purchasing agent for selected items. and agrees that the bidding
shall be conducted by the awarding City according to its usual bidding procedures.
I1.
Each party to this agreement agrees that all specifications for selected items or services shall be
as determined by the contract awarding City.
Each party agrees to pay the supplier for its respective goods and services purchased pursuant to
this agreement. The successful bidder or bidders shall bill directly the City placing order for all
goods and services purchased, and that City shall be responsible for the supplier or contractor's
compliance with all conditions of delivery and quality of the procurement.
IV.
Bob Smeby, or his successor, is hereby designated as the official representative to act for the
City of Grapevine in all matters relating to this agreement. Bob Pearce, or his successor, is
hereby designated as the official representative to act for the City of Pearland in all matters
relating to this agreement.
V.
This agreement shall take effect upon execution by both signatories.
VI.
Either party may terminate the Agreement by giving the other party as least thirty (30) days
written notice of termination, provided all work accomplished or goods or services provided
shall be paid for in accordance with the contract up to the date the termination becomes effective.
VII.
Either party agrees to be responsible for any and all liability or damages to itself or any other
party. individual, or entity arising from the sole negligence of said party. The two parties agree
that damages or liability occurring during the performance of this Agreement caused by the joint
or comparative negligence of both parties. their agents. servants and employees, shall be
determined in accordance with the comparative responsibility requirements of the State of Texas.
1N WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their
authorized officers the day and year first above written.
EXECUTED this day ofn.2017.
CITY OF GRAPEVINE, TEXAS
By: —Bruno n II Ifl'
ATTEST:
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By: 2/ei&a Y
CITY SECRETARYV,
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EXECUTED this 9 day of T4 , 2017.
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ATTEST:
By:
CITY OF PF
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Clay earson ity Manager
3519 Liberty DriNe
Pearland, TX 77581