R2004-045 03-22-04 RESOLUTION NO. R2004-45
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 MEMORIAL
VILLAGES WATER AUTHORITY FOR COOPERATION IN THE
PURCHASE OF VARIOUS COMMODITIES.
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 Memorial Villages Water Authority, 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 Memorial Villages Water
Authority, for cooperation in the purchase of various commodities.
PASSED, APPROVED and ADOPTED this the 22nd day of March ,
A.D., 2004.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
Exhibit "A"
Resolution No. R2004-45
INTERLOCAL AGREEMENT
BETWEEN
MEMORIAL VILLAGES WATER AUTHORITY
AND
THE CITY OF PEARLAND
This Agreement is made and entered into by and between Memorial Villages Water
Authority, ("Authority"), a conservation and reclamation district, and the City of Pearland, ("City"),
a municipal corporation, each being organized and existing under the laws of the State of Texas
and being located in Harris County, Texas and Brazoria County, Texas, respectfully.
Pursuant to the authority granted by the "Texas Interlocal Cooperation Act", Chapter 791
Texas Government Code providing for the cooperation between local governmental bodies, the
parties hereto, in consideration of the premises and mutual promises contained herein, agree as
follows:
WHEREAS, the contract is made under the authority of Section 791.001-791.029 of the
Texas Government Code; and,
WHEREAS, the parties, in performing governmental functions or in paying for the
performance of governmental function hereunder shall make that performance or those
payments from current revenues legally available to that party;
WHEREAS, the governing bodies of each party find that the subject of this contract is
necessary for the benefit of the public and that each party has the legal authority to perform and
to provide the governmental function or service which is the subject matter of this contract;
furthermore, the governing bodies find that the performance of this contract is in the common
interest of both parties; and that the division of cost fairly compensates the performing party for
the services performed under this contract.
NOW, THEREFORE, for and in consideration of the mutual covenants herein contained,
the Authority and the City agree to the terms and conditions hereinafter set forth, to wit:
ARTICLE I
The recitations and statements set out above are true and correct.
ARTICLE II
The Authority hereby makes, constitutes and appoints the City its true and lawful
purchasing agent for the purchase of various commodities using Term Contracts & Proposals.
The City will maintain a listing of Term Contracts & Proposals, which are available for the
Authority's use. To utilize one or more of these contracts, the Authority must request
authorization, in writing, to the City. Upon receipt of request, the City will forward a copy of the
appropriate Term Contract or Proposal to the Authority. The Authority agrees that the City shall
serve as the purchasing agent for selected items, and agrees that the bidding shall be
conducted by the City according to it usual bidding procedures and in accordance with
applicable State statutes.
ARTICLE III
All notices and communications under this agreement shall be mailed or delivered to the
City of Pearland at the following address:
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
Attn: City Manager
All notices and communications under this agreement shall be mailed or delivered to
Memorial Villages Water Authority at the following address:
Memorial Villages Water Authority
8955 Gaylord Drive
Houston, Texas 77024-2903
Attn: General Manager
ARTICLE IV
The Authority agrees that all specifications for selected items shall be as determined by
the City.
ARTICLE V
The Authority agrees to pay the supplier for all goods, equipment and products pursuant
to this agreement. The successful bidder or bidders shall bill the Authority directly for all items
purchased, and the Authority shall be responsible for vendor's compliance with all condition of
delivery and quality of the purchased items.
ARTICLE VI
The General Manager for the Authority is hereby designated as the official representative
to act for the Authority in all matters relating to this agreement.
ARTICLE VII
This agreement shall take effect upon execution by both signatories.
ARTICLE VIII
This agreement shall be in effect from the date of execution until termination by either
party to the agreement.
IN WITNESS WHERE OF, this Agreement, in duplicate originals, each having equal force
has been executed on behalf of the parties hereto, each party having caused this agreement to
be executed by their authorized officers on the day and year hereto as follows:
a. It has on the <:~ day of //~-,P-__.~---/-~.~ , 2004, been executed on behalf
of the Memorial Villages Water Authority by the President of the Board, and approved
by its governing body authorizing such execution.
b. It has on the ~ ~day of ,t~/'~,,~'¢/,/ ,2004, been executed on behalf
of the City of Pearland, Texas, by the Mayor, and approved by its governing body
authorizing such execution.
Memorial Villages Water Authority
Harris County, Texas
City of Pearland
Brazoria County, Texas
Jake M. Lebeaux
President
Memorial Villages Water Authority
Bill Eisen
City Manager
City of Pearland, Texas
ATTEST: (SEAL)
Grover ~
Secretary/Treasurer
Memorial Villages Water Authority
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City of Pearland, Texas