R2023-010 2023-01-09RESOLUTION NO. R2023-10
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 Friendswood,
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 Friendswood, 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 Friendswood, Texas.
PASSED, APPROVED and ADOPTED this the 9th day of January, A.D., 2023.
________________________________
J.KEVIN COLE
MAYOR
ATTEST:
________________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
APPROVED AS TO FORM:
________________________________
DARRIN M. COKER
CITY ATTORNEY
DocuSign Envelope ID: 9D53D159-2DD4-4DB8-903E-BA25AACC1A27
COOPERATIVE PURCHASING AGREEMENT
STATE OF TEXAS §
§
COUNTY OF GALVESTON§
This Cooperative Purchasing Agreement (“Agreement”)is made and entered into as of
the date written below between the City of Pearland (“Pearland”)and the City of Friendswood
(“Friendswood”).
WHEREAS,both Pearland and Friendswood have each determined a need for a
cooperative agreement to purchase like goods and services to avoid duplicate procurement
efforts and obtain the bene?ts of volume purchasing;and
WHEREAS,Pearland and Friendswood are authorized by Section 271.102 of the Local
Government Code to pursue mutually bene?cial and cooperative purchasing programs;
NOW,THEREFORE,for and in consideration of the mutual obligations and bene?ts
contained herein,Pearland and Friendswood agree as follows:
Section 1.The purpose of this Agreement is to provide Pearland and Friendswood
with additional purchasing options by satisfying the provisions of Section 271.102 of the Local
Government Code.
Section 2.The parties agree that each of the parties shall respectively designate a
person to act under the direction of,and on behalf of,the designating party (the “Designated
Representative”).
Section 3.At the request of the other party,a party that enters into a contract with a
vendor for goods or services (the “First Purchasing Party”)shall attempt to obtain the vendor’s
agreement to offer those goods and services to the other party (the “Second Purchasing Party”)
for the same price and on the same terms and conditions as have been offered to the First
Purchasing Party.If the vendor so agrees,and if the Second Purchasing Party is agreeable to
such terms and conditions,the Second Purchasing Party may enter into its own separate contract
with the vendor for the purchase of such goods or services.
Section 4.Unless otherwise agreed between the Designated Representatives,
payments for a purchase made by the Second Purchasing Party shall be paid directly to the
vendor and not to the First Purchasing Party.The Second Purchasing Party shall have the
responsibility of determining whether the vendor has complied with any provisions in its contract
with the vendor,including,but not limited to,those relating to the quality of items and terms of
delivery,and shall be responsible for enforcement of its contract against the vendor,including all
costs of enforcement.
Section 5.Neither Pearland nor Friendswood shall assume any responsibility or liability
to pay for materials purchased or services performed for the bene?t of the other party.All
Cooperative Purchasing Agreement,Page 1
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payments required to be made pursuant to any contract entered into with a vendor pursuant to
this Agreement shall be made from current,available revenues.In obtaining services of a vendor
under this Agreement,each party acknowledges that it has or will rely solely on its own
inspections,investigations,research,and due diligence regarding the materials or services
desired and not on any representations or warranties of the other party hereto.
Section 6.This Agreement will be subject to all applicable federal,state and local
laws,ordinances,rules and regulations.
Section 7.This Agreement may be terminated by either party,without cause or
penalty,upon not less than thirty (30)days’written notice to the other party.
Section 8.The parties acknowledge that each party and,if it so chooses,its counsel,
have reviewed and revised this Agreement and that the normal rule of construction to the effect
that any ambiguities are to be resolved against the dra?ing party must not be employed in the
interpretation of this Agreement or any amendments or exhibits hereto.
Section 9.If any action,whether real or asserted,at law or in equity,arises on the
basis of any provision of this Agreement,venue for such action shall lie in state courts located in
Galveston County,Texas,or the United States District Court for the Southern District of Texas —
Galveston Division.This Agreement shall be construed in accordance with the laws of the State
of Texas.
Section 10.If any term or provision of this Agreement is held to be illegal,invalid or
unenforceable,the legality,validity or enforceability of the remaining terms or provisions of this
Agreement shall not be affected thereby,and in lieu of each such illegal,invalid or
unenforceable term or provision,the parties shall endeavor to agree to a legal,valid or
enforceable term or provision as similar as possible to the term or provision declared illegal,
invalid or unenforceable.
Section 11.Execution of this Agreement does not obligate Pearland or Friendswood to
make any purchase,to pay any membership fee or to otherwise or in any manner incur any cost
or obligation.
Section 12.This Agreement may be executed in multiple counterparts,each of which
shall be deemed an original,and all of which shall constitute but one and the same instrument.
Section 13.The undersigned officers and/or agents are properly authorized to execute
this Agreement on behalf of the parties hereto and each party hereby certi?es to the other that
any necessary actions extending such authority have been duly passed and are now in full force
and effect.
Section 14.All notices,requests,demands,and other communications which are
required or permitted to be given under this Agreement shall be in writing and shall be deemed
to have been duly given upon the delivery or receipt thereof,as the case may be,if delivered
personally or sent by registered or certi?ed mail,retum receipt requested,postage prepaid,to the
respective city representative set out below,or his/her designee.
Cooperative Purchasing Agreement,Page 2
DocuSign Envelope ID: FD3FF382-FC8C-49EC-9B71-04994F736BEF
EXECUTED this--�---day of'
CITY OF PEARLA 1 D
3519 Libert)' Dr.
Pearland, TX 77581
FRA 1CES AGUILAR, City Secretary
APPROVED AS TO FORM:
CITY OF FRIE NDSWOOD
9 l O S. Friendswood Dr.
Friendswood, TX 77546
2022.
ccrctmy
APPROVED AS TO FOR I:
DARRJN M. COKER, City Attorney KARE I HORNER, City Attorney
�,8')� Date Date
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Cooperative Purchasing Agreement, Page J
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1/11/2023 | 8:41 AM CST