R-2014-050 2014-05-19RESOLUTION NO. R2014-50
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 League City for cooperative purchasing authority, and
authorizing a unit supply contract with Teamwork Construction for
sidewalk construction services in the estimated amount of $200,000.00
in each, FY2014 and FY2015.
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 League City, 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 League City.
Section 3. That the City Manager or his designee is authorized to execute a
contract with Teamwork Construction for sidewalk construction services in the estimated
amount of $200,000.00 in each, FY2014 and FY2015.
PASSED, APPROVED and ADOPTED this the 19th day of May, A.D., 2014.
C
�urr✓ l ��
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
(La, A 6J --c,
DARRIN M. COKER
CITY ATTORNEY
Resolution No. R2014-50
Exhibit "A"
INTERLOCAL AGREEMENT
This Interlocal Agreement ("Agreement") is made and entered into this day of May,
2014, by and between the City of Pearland, Texas (hereinafter called "Pearland"), and
the City of League City, Texas (hereinafter called "League City"), each acting by and
through its duly authorized officials:
WHEREAS, Pearland and League City are both governmental entities engaged in the
purchase of goods and services, which is a recognized governmental function;
WHEREAS, Pearland and League City 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 League City 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 League City through the anticipated savings to be realized
and is of mutual concern to the contracting parties;
WHEREAS, Pearland and League City 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 League City agree as
follows:
1. Pearland and League City 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 League City 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 League City 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 31, 2015, 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 clay and year first above written.
C TY OF LEAGUE CITY
NAML/TITLE EXECUTING OFFICIAL
ATTEST:
iv'tifL I4 �,� 1 C,1y 614,44)
NAMEJTITLE EXECUTING PERSON
STATE OF TEXAS
CITY OF PEA D
Tom Reid,
Mayor
Cf
Darrin Coker,
City Attorney
COUNTY OF BRAZORIA §
This instrument was acknowledged before me on thejf� day o>ti-'\Jl ,
?'ane
2014, by '. Pied. of the CITY OF PEARLAND, TE S, a home -rule
municipal oporation, on behalf of such corporation.
STATE OF TEXAS
n/:•75.7-% , MARIA E. RODRIGUEZ
•
`fes Notary Public, State of Texas
My Commission Expires:
02126/2017
COUNTY OF GALVESTON §
ry Public in and for th
tate of Texas
This instrument was cknowledged before me on the ff .day of 'C _-
2014, by IC• bin tiK- �t2 of the CITY OF LEAGUE CIT,:?, TEXAS, a home -rule
municipal corporation, on behalf of such corporation.
)
( ALAN ANTHONY PHILLIPS
F I^`, My Commission Expires
� February 25, 2018
/ State of Texas
•