R-2015-214 2015-11-23RESOLUTION NO. R2015-214
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 for the
cooperative purchase of goods and services with the City of Missouri City.
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 Missouri 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 the City of Missouri City.
PASSED, APPROVED and ADOPTED this the 23rd day of November, A.D., 2015.
ATTEST
MARIA E. RODRIGUEZ
DEPUTY CITY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
Resolution No. R2015-214
Exhibit "A"
INTERLOCAL AGREEME
FOR PURCHASING SERVICES
This Interlocal Agreement for Purchasing Services (the "Agreement")
is made and entered into pursuant to Chapter 791, Texas Government Code,
and Chapter 271. Texas Local Government Code, by and between the City of
Missouri City, Texas ("Missouri City"), a home -rule municipality, and the City of
Pearland, Texas, a home -rule municipality ("Pearland").
WHEREAS, Missouri City desires Pearland's assistance in purchasing
certain goods and services; and
WHEREAS. Pearland desires Missouri City's assistance in purchasing
certain goods and services; and
WHEREAS, Pearland is capable of and willing to assist Missouri City in
purchasing certain goods and services as specified in this Agreement on behalf
of Missouri City for the benefit of Missouri City's residents and Missouri City is
willing to assist Pearland in purchasing certain goods and services as specified in
this Agreement on behalf of Pearland for the benefit of Pearland's residents; and
WHEREAS, Missouri City and Pearland find that this Agreement serves a
public purpose;
NOW THEREFORE, for and in consideration of the mutual obligations and
benefits to be derived hereunder, Missouri City and Pearland agree as follows:
ARTICLE I
PURPOSE
The purpose of this Agreement is to provide for purchasing services.
ARTICLE II
TERMS AND CONDITIONS
2.01 Missouri City appoints Pearland as its true and lawful purchasing agent for
the purchase of certain goods and services through Pearland's purchasing
program.
2.02 Pearland appoints Missouri City as its true and lawful purchasing agent for
the purchase of certain goods and services through Missouri City's
purchasing program.
2.03 This Agreement shall apply only to those goods and services which either
party desires to purchase for its own needs and for which the other party
Cooperative Purchasing Interlocal Agreement 2015 11 11 Page 1 of 5
desires to purchase the same or similar goods and services under the
same terms and conditions as would apply to the contracting party's own
purchases, provided that, the contracted vendor agrees, as applicable,
to purchases in Missouri City under the contract between the vendor and
Pearland or to purchases in Pearland under the contract between the
vendor and Missouri City.
2.04 The goods and services purchased pursuant to this Agreement shall be
procured in accordance with Texas law. The costs for goods and services
purchased by Missouri City pursuant to this Agreement shall be the prices
as reflected by a contract executed by Pearland. The costs for goods and
services purchased by Pearland pursuant to this Agreement shall be the
prices as reflected by a contract executed by Missouri City.
2.05 In addition to the other terms and conditions contained in this Agreement,
the amounts and kinds of goods and services will be purchased in
accordance with the terms and conditions and in the quantities set forth in
the contract used by the contracting party. The contracting party shall be
responsible for and shall incur all cost for the preparation of specifications,
public advertisement and such other administrative duties as may be
necessary to facilitate the procurement of the goods and services
hereunder. The contracting party shall also be responsible for receiving,
opening and awarding contracts. Upon request, specifications, tabulations
and all other documents relating thereto that pertain to the procurement of
items in accordance with the terms of this Agreement shall be made
available to the purchasing party at all reasonable times for inspection.
2.06 Nothing herein shall obligate either party to purchase any goods or
services from the other party nor shall either party be obligated to include
the other party in any procurement effort.
ARTICLE III
DISPUTES
Pearland and Missouri City agree that the ordering of goods and services
purchased pursuant to this Agreement shall be each party's individual
responsibility and that any dispute arising between the contracted vendor and
Missouri City shall be handled between Missouri City and the contracted vendor,
and any dispute arising between the contracted vendor and Pearland shall be
handled between Pearland and the contracted vendor. Contracted vendors shall
bill each party directly for the goods or services ordered by it.
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ARTICLE IV
LIABILITY
Both parties shall be responsible to the contracted vendor only for goods and
services ordered by and received by it, and shall not by the execution of this
Agreement assume any liability or waive any rights under the applicable contract
or as provided by law.
ARTICLE V
PRICE AND PAYMENT OF GOODS AND SERVICES
5.01 Goods and services purchased pursuant to this Agreement will be
purchased for the price stated in the contract received and awarded by the
contracting party to the vendor. Each party agrees to pay the vendor
directly for all goods and services delivered, requested or picked up by the
party in accordance with the price specified in contracting party's contract
with the vendor. Both parties agree to pay for such purchases in
accordance with Chapter 2251, Texas Government Code.
5.02 Ownership of goods purchased by Missouri City shall transfer directly from
the contracted vendor to Missouri City. Ownership of goods purchased by
Pearland shall transfer directly from the contracted vendor to Pearland.
ARTICLE VI
APPLICABLE LAWS
Missouri City and Pearland agree to conduct all activities under this Agreement in
accordance with all applicable rules. regulations, ordinances and laws in
effect or promulgated during the term of this Agreement.
ARTICLE VII
NOTICES
All reports, payments, invoices, and other notices required to be given in
connection with this Agreement shall be addressed as follows:
If to Missouri City:
City of Missouri City
1522 Texas Parkway
Missouri City, Texas 77489
Attn: City Manager or Designee
IftoC
Cit
f Pe- rland:
Attn: City Manager or Designee
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ARTICLE VIII
TERM
The term of this Agreement shall commence upon the approval of both parties. This
Agreement shall automatically renew for additional one (1) year terms thereafter. for up
to a total of three (3) such terms, unless sooner terminated as provided in this
Agreement. Missouri City or Pearland may terminate this Agreement at any time and for
any reason by giving sixty (60) days advance written notice of termination to the other
party.
ARTICLE IX
CURRENT REVENUES
Missouri City and Pearland understand and agree that each party shall pay for the
performance of governmental functions or services under this Agreement from current
revenues available to each party. Further. Missouri City and Pearland affirmatively find
that the division of costs associated with this Agreement fairly and adequately
compensates each party for its services or functions performed under this Agreement.
ARTICLE X
ASSIGNABILITY
Neither party shall not make, in whole or in part, any assignment of this Agreement or
any obligation hereunder.
ARTICLE XI
WHOLE AGREEMENT
This Agreement, as provided herein, constitutes the complete agreement between the
parties hereto, and supersedes any and all oral and written agreements between the
parties relating to matters herein. Except as otherwise provided herein, this Agreement
cannot be modified without written consent of the parties.
ARTICLE XII
SEVERABILITY
This Agreement is made and is to be interpreted under the laws of the State of Texas.
In the event that any provision(s) of this Agreement shall for any reason be held invalid,
illegal, or unenforceable, the invalidity, illegality or unenforceability of that provision(s)
shall not affect any other provision(s) of this Agreement, and it shall further be
construed as if the invalid, illegal, or unenforceable provision(s) had never been a part
of this Agreement.
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ARTICLE XIII
AUTHORITY
Missouri City and Pearland each represent that this Agreement has been executed by
duly authorized representatives of each entity.
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates
indicated.
CITY OF MISSOURI CITY, TEXAS CITY OF PEARLAND, TEXAS
Allen Owen, Mayor Clay Pear .n, City Manager
l/
/c, .02.0fs 11/23 -7/6 --
Date Date
ATTEST:
Maria Gonzale
ecretary
ATTEST:
g, City cretar
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