R2006-011 01-23-06
RESOLUTION NO. R2006-11
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 WITH CITY OF LAPORTE
FOR COOPERATION IN THE PURCHASE OF WATER METERS.
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 LaPorte 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 LaPorte, for
cooperation in the purchase of water meters.
PASSED, APPROVED and ADOPTED this the 23rd day of January
A.D., 2006.
~)L.t
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
~~
DA RIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution 2006-11
INTERLOCALAGREEMENT
FOR WATER METER CHANGE-OUT, RETROFIT PROGRAM
AND NEW METER SUPPLY CONTRACT
This Agreement made this 12th day of September, 2005, between the City of La Porte,
Harris County, Texas, and the City of Pearl and, Brazoria County, Texas.
WITNESSETH
Pursuant to the authority granted by the Texas Interlocal Cooperative Act (Texas Local
Government Code, 791, et seq.) providing for the cooperation between local governments, the
parties hereto, mutually agree to the following:
I.
The City of La Porte ("La Porte") hereby designates it's Assistant Director of Finance and
Assistant Director of Public Works to act under the direction and on behalf of La Porte for the water
meter change-out, retrofit program and new meter supply contract, (Automated Reading System -
ARS) pursuant to Pearland's Agreement with Southwest Stainless, L.L.P., d/b/a Hughes Supply,
Inc. (Hughes) which was let in accordance with Chapter 252 of the Texas Local Government Code
and all other applicable laws and which agreement is attached hereto as Exhibit "A" and
incorporated herein for all intents and purposes
II.
La Porte, by execution of this Agreement, agrees to directly pay Hughes upon receipt of
goods and/or completion of work specified for La Porte's ARS, according to the description
contained herein, and after receipt of a proper invoice, therefore an amount based upon the unit
pricing detailed in Exhibit "A".
Neither Pearland nor La Porte shall assume any responsibility or liability to pay for
materials purchased or services performed for the benefit of the other entity. La Porte's payment
required by this contract shall be made from current, available revenues, as approved by La Porte
City Council. Furthermore, both parties agree that no payment has been, or will be made to
Pearland for any services or functions required to be performed under this Agreement. In obtaining
the services of Hughes, La Porte has relied solely on its own inspections, investigations, and due
diligence regarding the services and La Porte acknowledges that Pearland has made no
representations or warranties expressed or implied with respect to the services to be rendered.
III.
This agreement shall take effect upon execution by the signatories and shall serve as each
governmental body's commitment pertaining to La Porte's purchase of the goods and services
referenced in Article I hereof. This Agreement has been authorized by the governing bodies of the
parties hereto.
IV.
This Agreement shall be in effect from and after the 12th day of September. 2005. the date
of execution by La Porte.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
their authorized officers the day and year specified in Article IV.
CITY OF LA PORTE
t\{U~a LL
Debra B. Feazelle, City Manag
CITY OF PEARLAND
A~
(Signature)
,
-'
Bill Eisen
(Printed Name)
City Manager
(Title)
ATTEST:
ATTEST:
('
Young Lorfing TRMC
(Printed Name)
City Secretary
(Title)