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R2005-0037 02-14-05 RESOLUTION NO. R2005 -37 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 NEDERLAND 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 Nederland 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 Nederland, for cooperation in the purchase of water meters. PASSED, APPROVED and ADOPTED this the 14th day of February A.D., 2005. TOM REID MAYOR ATTEST: NG R e, T`rC Y S RETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY INTERLOCAL AGREEMENT FOR THE WATER CHANGE -OUT AND RETROFIT PROGRAM AND A WATER METER SUPPLY CONTRACT STATE OF TEXAS COUNTY OF JEFFERSON This Agreement made this the o7 day of am t, ,c,� 2005, between the City of Nederland, Texas, a home rule municipal corp ration locatea 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. §§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 continued herein agree to as follows: I. The City of Nederland "Nederland hereby designates its Director of Finance to act under the direction of and on behalf of Nederland 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 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. Nederland, by execution of this Agreement, agrees to directly pay HSI after completion and acceptance of the work specified in each work order for Nederland's 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 Nederland shall assume any responsibility or liability to pay for materials purchased or services performed for the benefit of the other entity. Nederland'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, Nederland has relied solely on its own inspections, investigations and due diligence regarding the services and Nederland 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 governmental body's commitment pertaining to Nederland's purchase of the services referenced in Article I hereof. This Agreement has been authorized by the governing bodies of the parties hereto. IV. This Agreement shall be in effect from and after the 2 V day of q0,,v, 2005, the date of execution by Nederland. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their authorized officers the day and year specified in Article W. CITY OF NEDERLAND CITY OF PEARLAND Andre Wimer, City Manager (Signature) Bill Eisen (Printed Name) City Manager (Title) ATTEST: ATTEST: LaDonna Floyd, City Clem 4g na t u Young Lorfing (Printed Name) City SPr.retary (Title) APPROVED AS TO FORM: APPROVED AS TO FORM: Richard D. Hughes, ty Attorney (Signature) Darrin M. Coker (Printed Name) City Attorney (Title) R.A."Dick"Nugent, Mayor 4r (� i Robert Sawyer,Mayor Pro Tern (~ " � " Billy Neal,Councilmember City o Nederlandi, • , I,,' t r 4 Andre Wimer,City Manager . °t x D " d j„�. P.O. Box 967• Nederland,Texas 77627• (409) 723-1503• FAX(409) 723-1550 to TEx-AS I, yi fi.A.:'°4:te64 . January 27, 2005 ?elitivx 1:11"�" C , 1 *‘-. Gordon Island, Purchasing Officer City of Pearland / 3519 Liberty Drive Pearland, TX 77581-5416 Re: Interlocal Agreement for Water Meter Change-Out Program Dear Gordon, I am submitting two original signed copies of the Interlocal Agreement for Water Meter Change-Out Program between the City of Nederland and the City of Pearland. This agreement was approved by our City Council at a regular meeting held January 24, 2005. I received your message concerning the upcoming Pearland Council meetings and was hoping that you would be able to add this item to your February 14 agenda. Should you require additional information,please do not hesitate to contact me at(409) 723-1509. Sincerely, 0-1011LacoiA-- Cheryl Dowden Director of Finance "Programmed for Progress" EXHIBIT a•'� A INTERLOCAL AGREEMENT FOR THE WATER CHANGE-OUT AND RETROFIT PROGRAM AND A WATER METER SUPPLY CONTRACT STATE OF TEXAS § COUNTY OF JEFFERSON § This Agreement made this the 07 Li day of ov1ti,C,, 2005, between the City of Nederland, Texas, a home rule municipal core 9 ation locate& 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. §§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 continued herein agree to as follows: I. The City of Nederland ("Nederland") hereby designates its Director of Finance to act under the direction of and on behalf of Nederland 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 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. Nederland, by execution of this Agreement, agrees to directly pay HSI after completion and acceptance of the work specified in each work order for Nederland's 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 Nederland shall assume any responsibility or liability to pay for materials purchased or services performed for the benefit of the other entity. Nederland'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, Nederland has relied solely on its own inspections, investigations and due diligence regarding the services and Nederland 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 governmental body's commitment pertaining to Nederland's purchase of the services referenced in Article I hereof. This Agreement has been authorized by the governing bodies of the parties hereto. N. This Agreement shall be in effect from and after the K72 y day of �„_ 2005, the date of execution by Nederland. 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 NEDERLAND CITY OF PEARLAND Andre Wimer, City Manager (Signature) (Printed Name) (Title) ATTEST: ATTEST: 4,0(Yvv y LaDonna Floyd, City Clem (Signature) (Printed Name) (Title) APPROVED AS TO FORM: APPROVED AS TO FORM: L‘'S Richard D. Hughes, ty Attorney (Signature) (Printed Name) (Title) AGENDA REQUEST BUSINESS OF THE CITY COUNCIL CITY OF PEARLAND, TEXAS AGENDA OF: 2/14/05 ITEM NO. /rop93-5-7 DATE SUBMITTED: DEPARTMENT OF ORIGIN: LEGAL PREPARED BY: DARRIN COKER PRESENTOR: DARRIN COKER SUBJECT: INTERLOCAL AGREEMENT WITH THE CITY OF NEDERLAND EXHIBITS: INTERLOCAL AGREEMENT EXPENDITURE REQUIRED - N/A AMOUNT BUDGETED - N/A ACCOUNT NO. ADDITIONAL APPROPRIATION REQUIRED - N/A ACCOUNT NO. FUNDS AVAILABLE (Finance Department Approval) EXECUTIVE SUMMARY The City currently purchases our water meters through a contract we have with Hughes Supply, Inc., and the City of Nederland would like to procure the same type of water meter. The attached interlocal agreement will allow the City of Nederland to "piggy- back" on our existing contract to purchase their own water meters. This is something that the City has routinely done in the past, although usually in the role of the "rider" and not the"piggy." RECOMMENDED ACTION Consider R2005-37 OFFICE OF THE CITY SECRETARY. . INTERNAL RECORDS REQUEST EMPLOYEE NAME: 6"7/// / P-Da),D,e-/v/ DATE: ifilitt/LO DEPARTMENT: � 0-40�> %� j 29 ,J EXTENSION: (.� t t4-€ F NATURE OF REQUEST: 4/EP OG "r! /5'eJ ai le' 02)0‹.- WHEN NEEDED: (BE SPECIFIC) # OF COPIES NEEDED: P DATE COMPLETE: )--77,0 & . � o ri x, ` °i R.A."Dick"Nugent,Mayor Robert Sawyer,Mayor Pro Tern Billy Neal,Councilmember '� City o Nederla ncl Judy Radcliff,Bert Rogers,Councilmember t Andre Wiener,City Manager P.O. Box 967•Nederland,Texas 77627. (409) 723-1503• FAX(409)723-1550 r J K t keA' January 27, 2005 � f� p/ bar'(11/wV Gordon Island, Purchasing Officer " City of Pearland 3519 Liberty Drive Pearland, TX 77581-5416 1. Re: Interlocal Agreement for Water Meter Change-Out Program Dear Gordon, I am submitting two original signed copies of the Interlocal Agreement for Water Meter Change-Out Program between the City of Nederland and the City of Pearland. This agreement was approved by our City Council at a regular meeting held January 24, 2005. I received your message concerning the upcoming Pearland Council meetings and was hoping that you would be able to add this item to your February 14 agenda. Should you require additional information,please do not hesitate to contact me at(409) 723-1509. Sincerely, 0411 Latca,/,-- Cheryl Dowden Director of Finance • 'Programmed for Progress"