R2021-024 2021-02-08RESOLUTION NO. R2021-24
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 Spring
Valley Village, 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 Spring Valley Village, 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 Spring Valley Village,
Texas.
PASSED, APPROVED and ADOPTED this the 8th day of February, A.D., 2021.
IN COLE
YOR
ATT
C '% AL R•A " , TRMC, CMC
CITY SECRETARY
APPROVED AS TO FORM:
4,---.- arr"---,
DARRIN M. COKER
CITY ATTORNEY
INTERLOCAL AGREEMENT FOR PURCHASING
BETWEEN THE CITY OF PEARLAND, TX AND
CITY OF SPRING VALLEY VILLAGE, TX
This Agreement made this 8th day of February 2021, between the City of Pearland,
Texas, a home -rule municipal corporation located in Brazoria County ("Pearland"), Texas and
City of Spring Valley Village, Texas a Type A General Law municipal corporation located in
Harris County, Texas ("Spring Valley Village").
WHEREAS, pursuant to the authority granted by the Texas Interlocal Cooperation Act (Tex
Gov't Code Ann. §791,001, et seq.) providing for the cooperation between local governmental
bodies, and pursuant to Subchapter F entitled "Cooperative Purchasing Program" containing
Sections 271.101 and 271.102 of the Texas Local Government Code, the parties hereto, in
consideration of the premises and mutual promises contained herein agree to as follows;
WHEREAS, the contract is made under the authority of Section 791.001-791.029 of the Texas
Government Code;
WHEREAS, the parties, in performing governmental functions or in paying for the performance
of government functions hereunder shall make that performance or those payments from current
revenues legally available to that party; and
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 service
performed under this contract.
I.
Each party hereby makes, constitutes and appoints the other party its true and lawful
purchasing agent for the purchase of various commodities using Annual Contracts (Bids). Each
party will maintain a listing of Annual Contracts which are available for the other party's use.
To utilize one or more of these contracts, each party must request authorization, in writing, to the
other party. Upon receipt of request, the receiving party will forward a copy of the appropriate
Annual Contract to the requesting entity. Each party agrees that the bidding shall be conducted
by the other party according to its usual bidding procedures and in accordance with applicable
State statues.
II.
Each party agrees that all specifications for selected items shall be as determined by the
other party.
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Neither Pearland nor Spring Valley Village shall assume any responsibility or liability to
pay for materials purchased or services performed for the benefit of the other entity. In obtaining
the services of Contractor through Pearland, Spring Valley Village has relied solely on its own
inspections, investigations and due diligence regarding the services and Spring Valley Village
acknowledges that Pearland has made no representations or warranties expressed or implied with
respect to the services to be rendered.
Each party agrees to pay the supplier for all goods, equipment and products pursuant to
this agreement. The successful bidder or bidders shall bill each respective party directly for all
items purchased and each party shall be responsible for vendor's compliance with all conditions
of delivery and quality of the purchased items.
IV.
This Agreement shall be in effect from and after the 8th of February, 2021, the date of
execution until terminated by either party to the agreement.
CITY OF PEARLAND
ay P - ars • , City Manager
to Ro. , ity Secretary
APPROVED AS TO FORM:
Darrin Coker, City Attorney
CITY OF SPRING VALLEY VILLAGE
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By:
binson, City Administrator
AT EST:
�o
Roxanne Benitez, City Secretary