R2010-086 - 2010-06-28 RESOLUTION NO. R2010 -86
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 BEAUMONT
FOR COOPERATION IN THE PURCHASE OF VARIOUS GOODS AND
SERVICES.
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 Beaumont, 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 Beaumont, for
cooperation in the purchase of various good and services.
PASSED, APPROVED and ADOPTED this the 28 day of June, A.D., 2010.
�vnti -e
TOM REID
MAYOR
ATTEST:
,e 4cR r
is,
Yt G L� rte!' T r ..I.•
SE 1 ETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution No. R2010 -86
INTERLOCAL AGREEMENT
This Interlocal Agreement "Agreement is made and entered into this 15th day of
June, 2010, by and between the City of Beaumont, Texas (hereinafter called
"Beaumont and the City of Pearland, Texas (hereinafter called "Pearland each
acting by and through its duly authorized officials:
WHEREAS, Beaumont and Pearland are both governmental entities engaged in the
purchase of goods and services, which is a recognized governmental function;
WHEREAS, Beaumont and Pearland wish to enter into this Agreement pursuant to
Chapter 791 of the Texas Government Code (hereinafter "Interlocal Cooperation Act
to set forth the terms and conditions upon which Beaumont and Pearland may
purchase various goods and services commonly utilized by each entity;
WHEREAS, participation in an interlocal agreement will be highly beneficial to the
taxpayers of Beaumont and Pearland through the anticipated savings to be realized
and is of mutual concern to the contracting parties;
WHEREAS, Beaumont and Pearland have current funds available to satisfy any fees
owed pursuant to this Agreement;
NOW, THEREFORE, in consideration of the foregoing and the mutual promises,
covenants and obligations as set forth herein; Beaumont and Pearland agree as
follows:
1. Beaumont and Pearland may cooperate in the purchase of various goods and
services commonly utilized by the participants, where available and applicable, and
may purchase goods and services from vendors under present and future contracts.
2. Beaumont and Pearland shall each be individually responsible for payments
directly to the vendor and for the vendor's compliance with all conditions of delivery and
quality of purchased items under such contracts. Beaumont and Pearland shall each
make their respective payments from current revenues available to the paying party.
3. Notwithstanding anything herein to the contrary, participation in this Agreement
may be terminated by any party upon thirty (30) days written notice to the other
participating entity(ies).
4. The undersigned officer and /or agents of the party(ies) hereto are duly
authorized officials and possess the requisite authority to execute this Agreement on
behalf of the parties hereto.
5. This Agreement may be executed separately by the participating entities, each
of which shall be deemed an original and all of which together shall constitute one and
the same instrument.
6. This Agreement shall become effective on the day and year first written above
(the "Effective Date The primary term of this Agreement shall be for one (1) year,
commencing on the Effective Date and terminating on June 14, 2011, and shall
thereafter automatically renew for successive one -year terms, unless terminated
according to the terms set forth in Paragraph 3.
7. To the extent allowed by law, each party agrees to release, defend, indemnify,
and hold harmless the other (and its officers, agents, and employees) from and against
all claims or causes of action for injuries (including death), property damages (including
loss of use), and any other losses, demands, suits, judgments and costs, including
reasonable attorneys' fees and expenses, in any way arising out of, related to, or
resulting from its performance under this agreement, or caused by its negligent acts or
omissions (or those of its respective officers, agents, employees, or any other third
parties for whom it is legally responsible) in connection with performing this agreement.
8 The laws of the State of Texas shall govern the interpretation, validity,
performance and enforcement of this Agreement.
9. The provisions of this Agreement are severable. If any paragraph, section,
subdivision, sentence, clause, or phrase of this Agreement is for any reason held by a
court of competent jurisdiction to be contrary to law or contrary to any rule or regulation
having the force and effect of the law, the remaining portions of the Agreement shall be
enforced as if the invalid provision had never been included.
10. This Agreement embodies the entire agreement between the parties and may
only be modified in writing executed by both parties.
11. This Agreement shall be binding upon the parties hereto, their successors, heirs,
personal representatives and assigns. Neither party will assign or transfer an interest
in this Agreement without the written consent of the other party.
12. It is expressly understood and agreed that, in the execution of this Agreement,
neither party waives, nor shall be deemed hereby to have waived any immunity or
defense that would otherwise be available to it against claims arising in the exercise of
governmental powers and functions. By entering into this Agreement, the parties do
not create any obligations, express or implied other that those set forth herein, and this
Agreement shall not create any rights in parties not signatories hereto.
13. The declarations, determinations and findings declared, made and found in
the preamble to this Agreement are hereby adopted, restated and made part
of the operative provisions hereof.
EXECUTED hereto on the day and year first above written.
CITE! OF BEAUMONT
06 P(.,-V.
NAME/T LE EXECUTING OFFICIAL Becky Ame
Bill Eisen, City Manager Mayor
n
ATTEST:
c A R L,gya., 1
NI E/TI j" 4 IN PERS& 141 Tina Broussard,
Lorfing, City Clerk
Y•n
g g, City Secreta,r
APPROVED AS TO FORM` e .,∎w�o `xx\
!41
y a E. Co i f` i TIN .0B
City Attorney v A
t ip s
OF TEXAS �j �r1: ��,T T1 KAS r
CP
COUNTY OF JEFFERSON ttotajC�
This instrument was acknowledged before me on the ,j day of 3
2010, by h9fk L,s of the City of Beaumont, TEXAS, a home -rule
munici al corpo NYY► ation, on b half of such corporation.
f P te: CRYSTAL G. RODRIGUEZ 1
'0 a" MY COMMISSION EXPIRES �i s
June5,2011 Nota 1 Public in and for t di
State of Texas
STATE OF TEXAS
COUNTY OF
This instrument w .s acknowledged before me on the A day of dune,
2010, by t 1\ bIStin. of the CITY OF PEARLAND, TEXAS, a home -rule
municipal corporation, on behalf of such corporation.
L 'il a l :/4 LicLA44-713L,..,,,,
MARIA EScALAM RODRIOUE1 N tary Public in and for the
0 NOTARY PUBLIC
STATE OF TEXAS St to of Texas
My Comml�ior. Expires 02 -02 -2013
RESOLUTION NO. 10-162
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute an intertocal purchasing
agreement, substantially in the form attached hereto as Exhibit 'AIN with the City of
Peariand, Texas,which would allow participation in a contract with ProfitStars of Allen,
Texas, for the purchase of a remittance processing system for use by the Cash
Management Division.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of
June,2010. Ift& 8",./
L1/414w:
-Mayor Becky Ames