R2006-018 02-13-06
RESOLUTION NO. R2006-18
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 WHARTON
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 Wharton 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 Wharton, for
cooperation in the purchase of water meters.
PASSED, APPROVED and ADOPTED this the 13th day of February
A.D., 2006.
~~
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
G~k.~
DARRIN M. COKER
CITY ATTORNEY
Resolution 2006-18
INTERLOCAL AGREEMENT
BETWEEN
CITY OF WHARTON
AND
THE CITY OF PEARLAND
This Agreement is made and entered into by and between City of Wharton,
("Wharton"), a municipal corporation, each being organized and existing under the laws
of the State of Texas and being located in Wharton County, Texas, and the City of
Pearland, ("pearland"), a municipal corporation, each being organized and existing
under the laws of the State of Texas and being located in Harris County, Texas, and
Brazoria County, Texas, respectfully.
Pursuant to the authority granted by the "Texas Interlocal Cooperation Act",
Chapter 791 Texas Government Code providing for the cooperation between local
governmental bodies, the parties hereto, in consideration of the premises and mutual
promises contained herein, agree 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 governmental function 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 services performed
under this contract.
NOW, THEREFORE, for and in consideration of the mutual covenants herein
contained, Wharton and Pearland agree to the terms and conditions hereinafter set
forth, to wit:
ARTICLE I
The recitations and statements set out above are true and correct.
ARTICLE II
Wharton hereby makes, constitutes and appoints Pearland its true and lawful
purchasing agent for the purchase of various commodities using Term Contracts (Bids
Wharton/Pearland
Interlocal Agreement
Page 2 of 3
& Proposals). Pearland will maintain a listing of Term Contracts, which are available for
Wharton's use, to utilize one or more of these contracts. Wharton must request
authorization, in writing, to Pearland. Upon receipt of request, Pearland will forward a
copy of the appropriate Term Contract to Wharton. Wharton agrees that Pearl and shall
serve as the purchasing agent for selected items, and agrees that the bidding shall be
conducted by Pearland according to it usual bidding procedures and in accordance with
applicable State statutes.
ARTICLE III
Wharton agrees that all specifications for selected items shall be as determined
by Pearland.
ARTICLE IV
Wharton agrees to pay the supplier for all goods, equipment and products
pursuant to this agreement. The successful bidder or bidders shall bill Wharton directly
for all items purchased, and Wharton shall be responsible for vendor's compliance with
all condition of delivery and quality of the purchased items.
ARTICLE V
Bryce D. Kocian, Mayor of Wharton, is hereby designated as the official
representative to act for Wharton in all matters relating to this agreement.
ARTICLE VI
This agreement shall take effect upon execution by both signatories.
ARTICLE VI
This agreement shall be in effect from the date of execution until termination by
either party to the agreement.
IN WITNESS WHERE OF, this Agreement, in duplicate originals, each having
equal force has been executed on behalf of the parties hereto, each party having
caused this agreement to be executed by their authorized officers on the day and year
hereto as follows:
a. It has on the day of ,2006, been executed on
behalf of the City of Wharton, Texas, by the Mayor, and approved by its
governing body authorizing such execution.
b. It has on the 13th day of February , 2006, been executed on
behalf of the City of Pearland, Texas, by the Mayor, and approved by its
governing body authorizing such execution.
Wharton/Pearland
Interlocal Agreement
Page 3 of 3
City of Wharton
Wharton County, Texas
BY:~
Bryce D. Kocian
Mayor .- (;i;J~;'!'f"::.">
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Lisa Stavena
City Secretary
City of Wharton, Texas
City of Pearland
Brazoria County, Texas
By:
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Bill Eisen
City Manager
City of Pearland, Texas
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City of Wharton
120 E. Caney Street. Wharton, Texas 77488
Phone (979) 532-2491 . Fax (979) 532-0181
January 24, 2006
Mr. Gordon Island, Purchasing Officer
City of Pearland
Purchasing Department
3519 Liberty Dr.
Pearland, TX 77581
RE: Interlocal Agreement between the City of Wharton and the City of Pearland
Dear Mr. Island:
During the regular January 23,2006 Wharton City Council meeting, the City Council approved
the interlocal agreement between Wharton and the City of Pearl and to allow the City of Wharton
to benefit from the cooperative purchasing power. Enclosed are two sets of the agreement that
has been executed by Mayor Bryce D. Kocian. Also, enclosed is a copy of the City of Wharton
Resolution No. 2006-05 approving the agreement. Please place the interlocal agreement on the
next Pearland City Council agenda for consideration.
The Wharton City Council and I appreciate the Pearland City Council's assistance in this very
important project and look forward to working with you. If you have any questions or need
additional information you may contact me at City Hall (979) 532-2491.
Sincerely,
~~T~t
Andres Garza, Jr.
City Manager
AGJ:jj
cc: Joyce Vasut, Finance Director
Paul Webb, City Attorney
CITY OF WHARTON
RESOLUTION NO. 2006 - 04
A RESOLUTION OF THE WHARTON CITY COUNCIL AUTHORIZING THE
PURCHASE OF NEW METERS WITH RADIO READ AUTOMATED METER
READING TECHNOLOGY FROM HUGHES SUPPLY, INC. UNDER THE
COOPERATIVE PURCHASING POWER OF THE CITY'S OF PEARLAND,
BA YTOWN, AND NEDERLAND, TEXAS, AND AUTHORIZING THE MAYOR TO
EXECUTE ALL DOCUMENTS NECESSARY FOR SAID PURCHASE.
WHEREAS, the Wharton City Council wishes to improve the water meter system within the City of
Wharton, Texas; and
WHEREAS, the Wharton City Council wishes to purchase new meters with radio read automated
meter reading technology from Hughes Supply, Inc. under the cooperative purchasing
power of the City's of Pear land, Baytown and Nederland, Texas; and
WHEREAS, the Wharton City Council wishes to authorize the Mayor of the City of Wharton to
execute all documents necessary for said purchase.
NOW, THEREFORE, BE IT RESOL YED BY THE CITY COUNCIL OF THE CITY OF
WHARTON, TEXAS hereby:
Section I. Authorizes the City Staff to purchase new meters with radio read automated meter
reading technology from Hughes Supply, Inc. under the cooperative purchasing power
of the City's of Pear land, Baytown and Nederland, Texas.
Section II. Authorizes the Mayor of the City of Wharton to execute all documents necessary
for the purchase of the radio read automated meter reading equipment.
Section ID. That this resolution shall become effective immediately upon its passage.
Passed, Approved, and Adopted this 23rd day of January 2006.
CITY OF WHARTON, TEXAS
By: ~~,'_~~
~i~~d~IAN .
Ma or
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LISA STA VENA
City Secretary
ATTEST:
CITY OF WHARTON
RESOLUTION NO. 2006 - 05
A RESOLUTION OF THE WHARTON CITY COUNCIL APPROVING AN
INTERLOCAL PURCHASING AGREEMENT TO ALLOW THE CITY OF WHARTON
TO BENEFIT FROM THE COOPERATIVE PURCHASING POWER OF THE CITY'S
OF PEARLAND, BA YTOWN, AND NEDERLAND, TEXAS, AND AUTHORIZING THE
MAYOR TO EXECUTE ALL DOCUMENTS NECESSARY FOR SAID PURCHASE.
WHEREAS, the Wharton City COlUlcil authorized the purchase of new radio read automated meter
reading technology to improve the water meter system within the City of Wharton,
Texas; and
WHEREAS, the Wharton City COlUlcil wishes benefit from the cooperative purchasing power of the
City's of Pear land, Baytown and Nederland, Texas; and
WHEREAS, the Wharton City COlUlcil wishes to enter into an interlocal agreement with the City of
Pearland, which would allow the City of Wharton to benefit from the cooperative
purchaseing power; and
WHEREAS, the Wharton City COlUlcil wishes to authorize the Mayor of the City of Wharton to
execute all documents related to the interlocal agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WHARTON, TEXAS hereby:
Section I.
Authorizes the Mayor of the City of Wharton to execute an interlocal agreement
with the City of Pearl and to allow the City of Wharton to benefit from the
cooperative purchasing power related to the purchase of the new radio read
automated meter reading technology.
Section n.
That this resolution shall become effective immediately upon its passage.
Passed, Approved, and Adopted this 23cd day of January 2006.
CITY OF WHARTON, TEXAS
By: ~~u._~_._ ')
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ATTEST:
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LISA STA VENA
City Secretary