R-2016-221 2016-12-12RESOLUTION NO. R2016-221
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 Frisco, 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 Frisco, 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 Frisco, Texas.
PASSED, APPROVED and ADOPTED this the 121" day of December, A.D., 2016.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
)2„,)
TOM REID
MAYOR
Resolution No. R2016-221
Exhibit "A"
INTERLOCAL AGREEMENT
This Interlocal Agreement ("Agreement") is made and entered into this 12th day of
December , 2016, by and between the CITY OF FRISCO, Texas (hereinafter called
"FRISCO"), and the CITY OF PEARLAND, Texas (hereinafter called "PEARLAND"), each
acting by and through its duly authorized officials:
WHEREAS, FRISCO and PEARLAND are both governmental entities engaged in the
purchase of goods and services, which is a recognized governmental function;
WHEREAS, FRISCO and PEARLAND wish to enter into this Agreement pursuant to
Chapter 791 of the Texas Government Code (hereinafter "Interlocal Cooperation Act") to
set forth the terms and conditions upon which FRISCO and PEARLAND may purchase
various goods and services commonly utilized by each party;
WHEREAS, participation in an interlocal agreement will be highly beneficial to the
taxpayers of FRISCO and PEARLAND through the anticipated savings to be realized and
is of mutual concern to the contracting parties;
WHEREAS, FRISCO and PEARLAND have current funds available to satisfy any fees
owed pursuant to this Agreement.
NOW, THEREFORE, in consideration of the foregoing and the mutual promises,
covenants and obligations as set forth herein; FRISCO and PEARLAND agree as follows:
1. FRISCO and PEARLAND may cooperate in the purchase of various goods and
services commonly utilized by the participants, where available and applicable, and may
purchase goods and services from vendors under present and future contracts.
2. FRISCO and PEARLAND shall each be individually responsible for payments
directly to the vendor and for the vendor's compliance with all conditions of delivery and
quality of purchased items under such contracts. FRISCO and PEARLAND shall each
make their respective payments from current revenues available to the paying party.
3. Notwithstanding anything herein to the contrary, participation in this Agreement
may be terminated by any party upon thirty (30) days written notice to the other
participating party(ies).
4. The undersigned officer and/or agents of the party(ies) hereto are duly authorized
officials and possess the requisite authority to execute this Agreement on behalf of the
parties hereto.
5. This Agreement may be executed separately by the participating entities, each of
which shall be deemed an original and all of which together shall constitute one and the
same instrument.
6. This Agreement shall become effective on the day and year first written above (the
"Effective Date"). The primary term of this Agreement shall be for one (1) year,
commencing on the Effective Date and terminating on October 1, 2017, and shall
thereafter automatically renew for successive one-year terms, unless terminated
according to the terms set forth in Paragraph 3.
7. To the extent allowed by law, each party agrees to release, defend, indemnify, and
hold harmless the other (and its officers, agents, and employees) from and against all
claims or causes of action for injuries (including death), property damages (including loss
of use), and any other losses, demands, suits, judgments and costs, including reasonable
attorneys' fees and expenses, in any way arising out of, related to, or resulting from its
performance under this agreement, or caused by its negligent acts or omissions (or those
of its respective officers, agents, employees, or any other third parties for whom it is
legally responsible) in connection with performing this agreement.
8 The laws of the State of Texas shall govern the interpretation, validity, performance
and enforcement of this Agreement.
9. The provisions of this Agreement are severable. If any paragraph, section,
subdivision, sentence, clause, or phrase of this Agreement is for any reason held by a
court of competent jurisdiction to be contrary to law or contrary to any rule or regulation
having the force and effect of the law, the remaining portions of the Agreement shall be
enforced as if the invalid provision had never been included.
10. This Agreement embodies the entire agreement between the parties and may only
be modified in writing executed by both parties.
11. This Agreement shall be binding upon the parties hereto, their successors, heirs,
personal representatives and assigns. Neither party will assign or transfer an interest in
this Agreement without the written consent of the other party.
12. It is expressly understood and agreed that, in the execution of this Agreement,
neither party waives, nor shall be deemed hereby to have waived any immunity or defense
that would otherwise be available to it against claims arising in the exercise of
governmental powers and functions. By entering into this Agreement, the parties do not
create any obligations, express or implied other that those set forth herein, and this
Agreement shall not create any rights in parties not signatories hereto.
13. The declarations, determinations and findings declared, made and found in the
preamble to this Agreement are hereby adopted, restated and made part of the operative
provisions hereof.
EXECUTED hereto on the day and year first above written.
CITY OF FRISCO
George Purefoy
City Manager
STATE OF TEXAS
COUNTY OF COLLIN §
CITY O
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By' Cia Pearson
Title: City Manager
This instrument was acknowledged before me on the 3 day of F2r .,b. , 2016, by
George Purefoy, City Manager of the CITY OF FRISCO, TEXAS, a home -rule municipal
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This instrument was acknowledged before me on the _ day of u , 2&t6;' by
0,1g_ ra) of the CITY OF PEARLAND, TEXAS, a horn -rule municipal
cor ration, on behalf of such corporation.
MARIA E. RODRIGUEZ
NOTARY PUOUC, STATE OF TEXAS
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