R2006-058 05-08-06 RESOLUTION NO. R2006-58
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 THE LOWER
VALLEY WATER DISTRICT(CLINT,TEXAS)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 Lower Valley Water District 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 Lower Valley Water
District, for cooperation in the purchase of water meters.
PASSED, APPROVED and ADOPTED this the 8th day of May, A.D., 2006.
�oyyJ
TOM REID
MAYOR
ATTEST:
UNG G C
Y S RETAR
APPROVED AS TO FORM:
- es,
DA IN M. COKER
CITY ATTORNEY
EXHIBIT
INTERLOCAL AGREEMENT
FOR THE WATER METER CHANGE-OUT AND RETROFIT PROGRAM AND A
WATER METER SUPPLY CONTRACT
STATE OF TEXAS §
COUNTY OF EL PASO §
This Agreement made this the 30th day of March, 2006,between the Lower Valley Water
District(the"District"), a municipal utility district and political subdivision of the State of Texas,
with offices located at 1557 F.M. Road 1110, Clint, Texas, 79836 and the City of Pearland,
Texas, a municipal corporation located in Brazoria County, Texas.
WITNESSETH
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:
I.
The Lower Valley Water District(the"District") hereby designates its Purchasing
Manager to act under the direction of and on behalf the District for the purpose of a water meter
supply contract,pursuant to Pearland's Agreement with Southwest Stainless, L.P., d/b/a Hughes
Supply("HIS"),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.
The District,by execution of this Agreement, agrees to directly pay HSI after completion
and acceptance of the work specified in each work order for the District's supply of water
meters, and after receipt of a proper invoice therefore an amount based upon the unit pricing
detailed in the attached agreement.
Neither Pearland nor the Lower Valley Water District(the"District") shall assume any
responsibility or liability to pay for materials purchased or services performed for the benefit of
the other entity. The District's payment required by this article shall be made from current,
available revenues. Furthermore,both parties agree that the payment required herein fairly
compensates Pearland for any services or functions required to be performed under this
Agreement. In obtaining the services of HSI through Pearland,the District has relied solely on
its own inspections, investigations and due diligence regarding the services and the District
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 contingent to the sale
of series 2004 Certificates of Obligations and shall serve as each governmental body's
commitment pertaining to the District's purchase of the services referenced in Article I hereof.
This Agreement has been authorized by the governing bodies of the parties hereto.
This Agreement shall be in effect from and after the 30th day of March 2006, the date of
execution by the District.
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.
THE LOWER VALLEY WATER DISTRICT CITY OF PEARLAND
OcA/1-0
David Carrasco, ice-President (Signature)
(Presiding Officer during Board Meeting)
(Printed Name)
(Title)
ATTEST: / ,.-°"`� ATTEST:
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H %'TIt,FIJIL15, Secretary Treasurer (Signature)
(Printed Name)
(Title)
APPROVED AS TO FORM: APPROVED AS TO FORM:
P IL BOWEN, Legal Counsel (Signature)
(Printed Name)
(Title)
BOARD MEMBERS
Lower Valley
Rosalinda Vigil
President
WATER DISTRICT
David Carrasco
Vice-President
Henry Trujillo
Secretary/Treasurer
Alicia L.Fresquez
Director
Raul Diaz
April 12,2006 Director
Mario Aguilar
General Manager
City of Pearland
Gordon Island—Purchasing Dept.
3519 Liberty Drive
Pearland TX 77581 .
Re: Interlocal Agreement
Dear Mr. Island:
Enclosed are two original documents for execution. Please keep one for your records and
forward one to us.
If you should have any questions, please contact Mr. Hector Perez, Purchasing Agent, at(915)
791-4480 Ext. 106.
Thank you,
Rosa Rivera
Executive Secretary
Enclosure
•
1557 FM Road 1110
P.O.Box 909• Clint,TX 79836 EOUALNOUSING
(915)791-4480•Fax(915)791-4499 OPPORTUNITY