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R2003-0122 08-25-03 RESOLUTION NO. R2003-122 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 BRAZORIA COUNTY FOR COOPERATION IN THE PURCHASING OF VARIOUS SUPPLIES. 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 Brazoria County, 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 Brazoria County, for cooperation in the purchasing of various supplies. PASSED,APPROVED and ADOPTED this the 25th day of August A.D., 2003. TOM REID MAYOR ATTEST: Y NG , T M I Y S ETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY EXHIBIT 11 INTERLOCAL AGREEMENT BETWEEN COUNTY OF BRAZORIA AND THE CITY OF PEARLAND This Agreement is made this day of 2003, between the County of Brazoria, Texas, and City of Pearland. 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. ARTICLE I The City of Pearland, Texas, hereby makes, constitutes and appoints Brazoria County its true and lawful purchasing agent for the purchase of various commodities using Annual Contracts (Bids). Brazoria County will maintain a listing of Annual Contracts, which are available for the City's use. To utilize one or more of these contracts, the City must request authorization, in writing, to Brazoria County. Upon receipt of request, Brazoria County will forward a copy of the appropriate Annual Contract to the City. The City of Pearland, Texas, agrees that Brazoria County shall serve as the purchasing agent for selected items, and agrees that the bidding shall be conducted by Brazoria Coutny according to it usual bidding procedures and in accordance with applicable State statutes. ARTICLE II The City of Pearland, Texas agrees that all specifications for selected items shall be as determined by Brazoria County. ARTICLE III The City of Pearland, Texas agrees to pay the supplier for all goods, equipment and products pursuant to this agreement. The successful bidder or bidders shall bill the City of Pearland, Texas directly for all items purchased, and the City of Pearland, Texas shall be responsible for vendor's compliance with all condition of delivery and quality of the purchased items. ARTICLE IV Bill Eisen, City Manager, is hereby designated as the official representative to act for the City of Pearland, Texas, in all matters relating to this agreement. ARTICLE V 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, the parties hereto have caused this agreement to be executed by their authorized officers the day and year first above written. ATTEST: CITY OF PEARLAND By: Young Lorfing, TRMC Bill Eisen City Secretary City Manager BRAZORIA COUNTY By: Printed Name: Title: