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R2011-008 - 2011-01-10RESOLUTION NO. R2011 -8 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 THE CITY OF SUGARLAND FOR COOPERATION IN THE PURCHASE OF VARIOUS GOOD 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 Sugarland, 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 Sugarland, for cooperation in the purchase of various good and services. PASSED, APPROVED and ADOPTED this the 10 day of January, A.D., 2011. l.� TOM REID MAYOR ATTEST: Ear J 1.J/ ANN APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY INTERLOCAL AGREEMENT Exhibit "A" Resolution No. R2011 -8 This Interlocal Agreement "Agreement is made and entered into this 10 day of January, 2011, by and between the City of Pearland, Texas (hereinafter called "Pearland and the City of Sugar Land, Texas (hereinafter called "Sugar Land each acting by and through its duly authorized officials: WHEREAS, Pearland and Sugar Land are both governmental entities engaged in the purchase of goods and services, which is a recognized governmental function; WHEREAS, Pearland and Sugar Land 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 Pearland and Sugar Land 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 Pearland and Sugar Land through the anticipated savings to be realized and is of mutual concern to the contracting parties; WHEREAS, Pearland and Sugar Land 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; Pearland and Sugar Land agree as follows: 1. Pearland and Sugar Land 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. Pearland and Sugar Land 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. Pearland and Sugar Land 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 January 10, 2012, 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. CI OF SUGAR LAND NAME/TITLg EXECUTING OFFICIA ,01 '17,149,0e ATT` 1 f i ���i Z 71 TL Or g al Department Approval STATE OF TEXAS STATE OF TEXAS CITY OF PEA Tom Reid, Mayor ng O FF A Ir C' y Sec -tary APPROVED AS TO FORM: Darrin Coker, City Attorney COUNTY OF BRAZORIA This instrument was acknowledged before me on the 10 day of January, 2010, by Mayor Tom Reid of the CITY OF PEARLAND, TEXAS, a home -rule municipal corporation, on behalf of such corporaUjarr "!46, G Z :2c, Notary Public in and for the State of Texas -20 COUNTY OF FORT BEND This instru waste knowle ed before me on thfda,f 201 f by l C. of the CITY OF SUGAR LAND, TEXAS municipal corporati. on behalf of such corporation. i _.a, or and for the otary Publi State of Texas ome -rule