R2019-114 2019-08-26 RESOLUTION NO. R2019-114
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 Missouri City.
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 Missouri City, 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 Missouri City.
PASSED, APPROVED and ADOPTED this the 26th day of August, A.D., 2019.
TOM REID
"" %\ = MAYOR
ATTEST: 1,4//811.110``�,`,•
•
LLA I
MARIA RODRIGUEZ
INTERIM CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Resolution No.
R2019-114
INTERLOCAL,AGREEMENT -
• FOR PURCHASING SERVICES
This Interlocal Agreement for Purchasing Services (the "Agreement"):
is made and entered into pursuant to :Chapter. 791, Texas Government Code,
and:Chapter 271, Texas Local Government Code,;by 11,:t. between the City of
Missouri City, Texas (°Miissouri City"), a home-rule municipality,'and the City of
• Pearland, Texas; a'home-rule municipality_("Pearland") :
WHEREAS, ;Missouri City desires Pearland's assistance in purchasing
•
'certain`goods and services, and..
WHEREAS, Pearland desires Missouri City's: assistance in purchasing
certain goods and services, and
WHEREAS; Pearland is capable.of and willing to assist Missouri City in
_'purchasing certain goods and-:services as Specified in this Agreement on behalf
of Missouri -.City for the benefit :of Missouri City's,residents and 'Missouri City is. -
willing to assist Pearland in purchasing certain goods and services as "specified in
this Agreement on behalf of Pearland for the,benefit of Pearland's residents;:and
WHEREAS, MissouriCi
ty and Pearland find that this Agreement serves a'
public purpose;
NOW THEREFORE,for and in consideration of the Mutual obligations and
benefits to be derived hereunder, Missouri City and.Pearland agreeas follows:
ARTICLE I
PURPOSE
The purpose of this,Agreement is-to provide for purchasing services::
ARTICLE II
TERMS AND CONDITIONS
2.01 Missouri City appoints Pearland as,its true and lawful purchasing agent for
the
purchase of certain;goods and services;through Pearland's purchasing
program.
2..02 Pearland appoints-Missouri City as its;true and lawful purchasing agent for
the 'purchase of certain goods and. services :through: Missouri :City's
purchasing program._ .: .
2:03.: ThisShall apply-
�ng
d rices which either
ades s to purchase for own needs and fo � h
the other party
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desires to purchase the. same :orsimilar goods: and services under the
same terms,and 'conditions as Would apply:to,the contracting;party's own
purchases, provided that, the contracted vendor agrees, as applicable,
to purchases in Missouri City under thecontract between the vendor and
Pearland or to purchases in Pearland under r the contract between the
vendor and,Missouri City.
2:04 - The goods and services purchased pursuant to this Agreement shall be
in accordance with Texas law: The costs for goods and services
purchased by Missouri City pursuant to this Agreement shall be the prices
as reflected by a contract executed by Pearland. The costs for. goods and
services purchased by Pearland pursuant to this Agreementshall be the
.prices as'reflected by a contract executed by IUlissouri City.
2.05 In addition to the other terms and :conditions contained in this Agreement,
the .amounts and kinds of goods and services will be purchasedin
accordance with the terms and conditions:and in the quantities set forth in
the contract used by the contracting party. The contracting partyshall be
responsible for and shall incur all:cost for the preparation of specifications,
public advertisement and such other administrativeduties as may be
necessary to facilitate "the procurement of';the goods and Services
hereunder. The contracting party shall also be responsible for receiving,
opening and awarding:contracts.Upon request, specifications; tabulations
and all other documents relating thereto that pertain to the procurement of
items in accordance with the terms of this Agreement shall be made
available to the purchasing party at all reasonable times for inspection.,
2.06 Nothing herein shall 'obligate .,either party to purchase any goods or
services from the other party nor shall either party be obligated to include
:the other partyin any procurement.effort.
ARTICLE'III
DISPUTES
Pearland and. Missouri: City agree that the ordering of goods .and services
purchased pursuant to this Agreement shall be each party's: .individual
responsibility and that any.dispute arising between the contracted -vendor and
Missouri City shall be handled between Missouri City and the contracted vendor,
and any dispute :arising between the contracted vendor and. Pearland shall be
handled between 'Pearland and the contracted vendor. 'Contracted vendors shall
bill each party directly for the goods-orservices ordered by it..
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Coo erative si
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ARTICLEIV
LIABILITY . --
Both parties shall :be 'responsible to the contracted vendor only for goods .and
services ordered ;by and received by'it, and shall not-by- the execution of this
Agreement assume>any liability or waive any.rights under-theapplicable contract
:. or asprovided by law.
ARTICLE V
PRICE AND PAYMENT OF GOODS;AND:SERVICES : -
5.01 Goods .and services purchased pursuant' to this Agreement will be -
purchased for`the price stated in the contract received and,:awarded by the -
contracting :party to the vendor. Each party agrees to ._pay the vendor
directly-forgoodsq picked up by the l
9
party inaccordance with the pr ce,specified in contracting party's contract
_
with the vendor. Both parties :agree to pay for such purchases in
accordance:with:Chapter 2251;, Texas:Government Code; 1
' hip of goods purchased by Missouri City shall transfer directly,from.
5:02Ownership
Pearlan contracted vendor to MissouriCity._Ownership ofgoods purchased by
�d shall transfer directly from the contracted vendor to Pearland.
ARTICLE VI
APPLICABLE LAWS.
{
Missouri City and Pearland agree-to conduct:all activities.under this Agreement in
• :accordance with all applicable rules, regulations, ordinances and laws in
effect or promulgated during,the term:of this Agreement.
I
: ARTICLE VII
NOTICES
All reports, 'payments, invoices, andother notices required: to be given in
connection with thisAgreement'shall be,addressed as follows:
If;
to Missouri City. If to City of Pearland'
City of.Missouri City City of Pearland
1522 Texas Parkway 3519 Liberty De
Missouri City,:Texas 77489 Pearland, Texas 77581
' .ttn •City Manager or Designee Attn City.Manager:or Designee: : .:
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L
ARTICLE VIII
TERM
The:term of this Agreement shall be:two (2)years, and the,Agreement shall take effect
upon signature by the:last party Jr) time to_execute such Agreement This Agreement;
shall. automatically renew for::up to three (3) additional one (1) year terms thereafter,
unless sooner terminated as:provided in this Agreement. Missouri City, or Pearland may'
terminate this Agreement at any time and for any reason b y giving sixty (60) days
advance written notice of termination to the other_party. I
ARTICLE IX
CURRENT:REVENUES •
Missouri City and Pearland understand and agree that each party -shall pay"for the 1
performance of.governmentalfunctions or services under this Agreement from,current
revenues available to each party Further,;Missouri City and Pearland affirmatively find
that the division of costs associated with this Agreement fairly and adequately
compensates each party for its services or functions performed under this Agreement:
ARTICLE X':
ASSIGNABILITY .
Neither party shall not make, in whole or in•part; any assignment of this Agreement or
any obligation hereunder..
ARTICLE XI
WHOLE AGREEMENT
This Agreement, as provided herein, constitutes the complete agreement between the
parties hereto, and supersedes any and all oral and written agreements between the,
parties relating to;matters herein Except as otherwise provided here_ in, this Agreement
written consent of both arties..
cannot be.modified-withoutp
ARTICLE XII
SEVERABILITY.
This:Agreement is made and is to be interpreted undet the laws of;the State of Texas:
In the event that any provisions) of this Agreement shall for_any reason be.held'invalid,
Ille al or_unenforceable the invalidi ille all .._: or_unenforceabill " ;of that' 'provision(t)
9 tY� 9 tY tY p ( .)
shall not affect.;any other provlsron(s) .of this Agreement, and 'it shall further be
construed as if the invalid, illegal, or unenforceableP rovision s ,had never been a art
of this,Agreement:;
. I
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ARTICLE XIII
AUTHORITY
• Missouri City and Peel-land each represent that this Agreement has been executed by
duly authorized representatives of each entity. .
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates.
indicated.
:CITY OF "ISSOURI CITY,•TEX A CITY.* PEARL A ND,TEXAS
( —
Yo l:' ':� ord, Ma";r Clay Pear-on, City Manager
11 Lt- V-71- 1?
Date Date
ATTEST: .ATTEST:'
Maria,Jackson; Secretary Maria Rodriguez, Interim City ecr
ofulli
c
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