Loading...
R87-31 12-14-87RESOLUTION N0, R87-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT WITH HOUSTON- GALVESTON AREA COUNCIL FOR PURCHASE OF POLICE VEHICLES. BE IT RESOLVED by the City Council of the City of Pearland, Texas, that the Mayor be, and he is hereby authorized to execute for and in behalf of the City, an Interlocal Agreement with Houston- Galveston Area Council for purchase of police vehicles, attached hereto as Exhibit "A-l" PASSED and APPROVED this 1987. Mayor ATTEST: City~cretary APPROVED AS TO FORM: STATE OF TEXAS ( ) COUNTY OF ( ) EXHIBIT "A-I" INTERLOCAL AGRED~ENT TFJIS INTERLOCAL AGREErtENT ("Agreement"), made and entered into pursuant to the Interlocal Cooperation Act (ArUc]e 4413(32c)V.T.C.S.) by. and between City of Pear]and , Texas, hereinafter called the "City", and the Houston-Galveston Area Council, a council of governments of the State of Texas, thereinafter called the "Council." WITNESSETH The City of Pearland constitutes and appoints the Houston-Galveston Area Council, its true and lawful purchasing agent for the purchase of certain vehicle(s) through the Council's Cooperative Purchasing Program. Said vehicle(s) will be specified by the City to the Council through submission of purchase orders duly signed by an appropriate City official. The City agrees that the Council shall be the exclusive purchasing agent for the vehicle(s), and agrees that the bidding shall be conducted by the Council according to the regulations contained in Section IV of the Council's Financial and Accounting Procedures Policy Handbook. WHEREAS, the City desires to purchase certain vehicle(s) and WHEREAS, the Council is willing to procure the vehicle(s) for the City. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT in consideration of the mutual covenants, agreem~ents, and benefits to both parties, it is hereby agreed as follows: Within 90 days after the date of execution hereof, the Council will procure the vehicle(s) described in the order form for vehicle(s) (Exhibit "A") attached hereto. The vehicle(s) shall be procured in accordance with the regulations governing competitive bidding proce- dures of the Council; the terms hereof; and the quantities, qualities, and at the unit prices and administrative surcharge as indicated on Exhibit "A". ,. All of the vehicle(s) purchased hereunder shall be of new manufacture and undamaged and shall meet the specifications as determined by Coun- cil staff in response to requests from the City. The vehicle(s) shall carry the manufacturer's full warranty to the City. Provided, however, that it is understood and agreed that the Council has acted only as an agent for the City in its purchase and make no warranty, either implied or expressed, regarding the fitness or merchantability of the vehi- cl e (s). III. IV. The City, by execution of this agreement, agrees to furnish to the Council, on or before receipt of the vehicle(s), a cash amount in full payment of the stated order as specified in Exhibit "A". The City agrees to present an authorized representative at the appro- priate contracted vendor(s) for the respective ordered vehicle(s), for the express ~Fp~a~ of "check out" and acceptance of the vehicle(s) within five 5 d after notification that said vehicle(s) are ready for delivery. Further,..the City shall verify acceptance of the vehi- cle(s) in writing to the Council within five (5) days after acceptance of same. The City agrees that !tanufacturer's Statement of Origin (title) will be endorsed by the vendor directly to the City at the time of receipt and acceptance of the vehicle(s). Further the City accepts responsibility for vehicle registration and transfer. 9/30/8 7- -105J This agreement, (inclusive of the attached Exhibit "A") constitutes the entire agreement between the parties her.to relating to the rights her. in granted and the obligations herein assumed. The later date of execution by the Executive Dt rector of the Counci 1 execution hereof. Mayor of the City, or the (Mayor, City Manager) hereinbelow shall constitute the date of IN WITNESS HEREOF this InstrumentS, in duplicate originals, has been executed by the parties her, to as follows: It has on the 14 day of December , 1987-88, been executed by the Mayor of the City, on behalf of the City, pursuant to (Mayor, City Manager) an Resolution No. R87-31 of the City (attached (ordinance, resolution or purchase order) hereto) so authorizing. be It has on the day of , 1987-88, been executed by the Executive Director of the Council on behalf of the Council pursuant to an order of the Board of Directors of the Council so authorizing. CITY OF PEARLAND B Y · ~J~ ~~Z,/ (r~yor ~XXI~,~) HOUSTON-GALVESTON AREA COUNCIL BY JACK STEELE, EXECUTIVE DIRECTOR 9/30/87--105J [g O December 10, 1987 Luke Daniel City Attorney Re: Resolution No. R87-31 Attached is a copy of the above- mentioned resolution for your review. Thank you. City Secretary's office EXHIBIT "A-1"J INTERLOCAL AGREEMENT STATE OF TEXAS ( ) COUNTY OF ( ) THIS INTERLOCAL AGREEMENT ("Agreement"), made and entered into pursuant to the Interlocal Cooperation Act (Article 4413(32c)V.T.C.S. ) by. and between City of Pearland , Texas, hereinafter called the "City", and the Houston-Galveston Area Council , a council of governments of the State of Texas, thereinafter called the "Council ." WITNESSETH The City of Pearland constitutes and appoints the Houston-Galveston Area Council , its true and lawful purchasing agent for the purchase of certain vehicle(s) through the Council 's Cooperative Purchasing Program. Said vehicle(s) will be specified by the City to the Council through submission of purchase orders duly signed by an appropriate City official . The City agrees that the Council shall be the exclusive purchasing agent for the vehicle(s), and agrees that the bidding shall be conducted by the Council according to the regulations contained in Section IV of the Council 's Financial and Accounting Procedures Policy Handbook. WHEREAS, the City desires to purchase certain vehicle(s) and WHEREAS, the Council is willing to procure the vehicle(s) for the City. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: THAT in consideration of the mutual covenants, agreements, and benefits to both parties, it is hereby agreed as follows: I. Within 90 days after the date of execution hereof, the Council will procure the vehicle(s) described in the order form for vehicle(s) (Exhibit "A") attached hereto. The vehicle(s) shall be procured in accordance with the regulations governing competitive bidding proce- dures of the Council ; the terms hereof; and the quantities, qualities, and at the unit prices and administrative surcharge as indicated on Exhibit "A". II. All of the vehicle(s) purchased hereunder shall be of new manufacture and undamaged and shall meet the specifications as determined by Coun- cil staff in response to requests from the City. The vehicle(s). shall carry the manufacturer's full warranty to the City. Provided, however, that it is understood and agreed that the Council has acted only as an agent for the City in its purchase and make no warranty, either implied or expressed, regarding the fitness or merchantability of the vehi- cle(s). III. The City, by execution of this agreement, agrees to furnish to the Council , on or before receipt of the vehicle(s), a cash amount in full payment of the stated order as specified in Exhibit "A". IV. The City agrees to present an authorized representative at the appro- priate contracted vendor(s) for the respective ordered vehicle(s), for the express purpose of "check out" and acceptance of the vehicle(s) within five (5) days after notification that said vehicle(s) are ready for delivery. Further,.,the City shall verify acceptance of the vehi- cle(s) in writing to the Council within five (5) days after acceptance of same. r 3 This agreement, (inclusive of the attached Exhibit "A") constitutes the entire _ agreement between the parties hereto relating to the rights herein granted and the obligations herein assumed. The later date of execution by the Mayor of the City, or the (Mayor, City Manager) Executive Director of the Council hereinbelow shall constitute the date of execution hereof. - IN WITNESS HEREOF this instrument, in duplicate originals, has been executed by the parties hereto as follows: a. It has on the 14 day of December , 1987-88, been executed by the Mayor of the City, on behalf of the City, pursuant to (Mayor, City Manager) an Resolution No. R87-31 of the City (attached (ordinance, resolution or purchase order) hereto) so authorizing. b. It has on the day of , 1987-88, been executed by the Executive Director of the Council on behalf of the Council pursuant to an order of the Board of Directors of the Council so authorizing. CITY OF PEARLAND HOUSTON-GALVESTON AREA COUNCIL BY BY