R2007-012 2007-01-22
RESOLUTION NO. R2007 -12
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 PORT
NECHES 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 Port Neches 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 Port Neches, for
cooperation in the purchase of water meters.
PASSED, APPROVED and ADOPTED this the 22nd day of January, A.D., 2007.
c- ')n-W fL
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
WA- ~h. M
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
R2007 -12
File No. 07 -0006
INTERLOCAL AGREEMENT
FOR THE WATER CHANGE-OUT AND
RETROFIT PROGRAM
AND A WATER METER SUPPLY CONTRACT
STATE OF TEXAS 9
COUNTY OF JEFFERSON 9
ThisAgreementmadethisthe 23rd dayof January ,2007
between the City of Port Neches, Texas, a home rule municipal corporation located in
Jefferson County, Texas, 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. Code Ann. 99791.001. et seq.) providing for the cooperation between local
govemmental bodies, and pursuant to Subchapter F entitled "Cooperative Purchasing
Program" containing Sections 271.101 and 271.102 of the Texas Local Govemment
Code, the parties hereto, in consideration of the premises and mutual promises continued
herein agree to as follows:
I.
The City of Port Neches ("Port Neches") hereby designates its Assistant City
Manager to act under the direction of and on behalf of Port Neches for the water meter
change-out and retrofit program and a water meter supply contract, pursuant to
Pearland's Agreement with Southwest Stainless, L.P., d/b/a Hughes Supply (HSI"), which
was let in accordance with Chapter 252 of the Texas Local Govemment Code and all
other applicable laws and which agreement is attached hereto as Exhibit "A" and
incorporated herein for all intents and purposes.
II.
Port Neches, by execution of this Agreement, agrees to directly pay HSI after
completion and acceptance of the work specified in each work order for Port Neches'
water meter change-out and retrofit program and/or the supply of water meters, and after
receipt of a proper invoice therefor an amount based upon the unit pricing detailed in the
attached agreement.
Neither Pearland nor Port Neches shall assume any responsibility or liability to
pay for materials purchased or seNices performed for the benefit of the other entity. Port
Neches' 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 seNices or functions required to be performed under this Agreement. In
obtaining the services of HSI through Pearland, Port Neches has relied solely on its own
inspections, investigations and due diligence regarding the services and Port Neches
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 both signatories and shall
serve as each govemmental body's commitment pertaining to Port Neches' purchase of
the services referenced in Article I hereof. This Agreement has been authorized by the
goveming bodies of the parties hereto.
IV.
This Agreement shall be in effect frnrn and after the 23rd day of
January , 2007 the date of execution by Port Neches.
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 PORT NECHES
CITY OF PEARLAND
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A. R. Kimler, City Manager
tllr
(Signature)
Bill Eisen 1/22/07
(Printed Name)
ATTEST:
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Anne Latiolais, City Secretary
City Manaqer
(Title)
ATTEST:
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I Young Lorfing, TRMC
(Printed Name)
City Secretary
(Title)
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APPROVED AS TO FORM:
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Pete Steele, City Attorney
APPROVED AS TO FORM:
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(Signature)
Darrin Coker
(Printed Name)
f:ity Attornpy
(Title)
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