R2020-258 2020-11-23RESOLUTION NO. R2020-258
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 Rockwall, 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 Rockwall, 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 Rockwall, Texas.
PASSED, APPROVED and ADOPTED this the 23rd day of November, A.D., 2020.
ATTEST:
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CRYSTAL ROAN, TRMC, CMC
CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
VIN OLE
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AYOR
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INTERLOCAL AGREEMENT
BETWEEN THE CITY OF PEARLAND, TX AND
CITY OF ROCKWALL, TX
This Agreement made this 23rd day of November 2020, between the City of
Pearland, Texas, a home -rule municipal corporation located in Brazona County
("Pearland"), Texas and City of Rockwall, Texas a home -rule municipal corporation
located in Rockwall County, Texas ("Rockwall").
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; and,
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;
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 Rockwall 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, Rockwall has relied solely on its
own inspections, investigations and due diligence regarding the services and Rockwall
acknowledges that Pearland has made no representations or warranties expressed or
implied with respect to the services to be rendered.
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Each party agrees to pay the supplier for alt 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 23rd of November, 2020,
the date of execution until terminated by either party to the agreement.
CIrITY OF PEARLAND
By:
ATT
Crys'. Roan, City Secretary
C afPearsonsCity Manager
APPROVED AS TO FORM:
Darrin Coker, City Attorney
2
CITY OF ROCKWALL
By:
Rick Crowley, City,:
ATTEST:
1
Kristy Cole, ity Secretary
anager