R-2016-037 2016-02-22RESOLUTION NO. R2016-37
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 Fulshear, Texas.
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 Fulshear, Texas, 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 Fulshear, Texas.
PASSED, APPROVED and ADOPTED this the 22nd day of February, A.D., 2016.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
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TOM REID
MAYOR
EXHIBIT A
Resolution No. R2016-37
INTERLOCAL AGREEMENT Exhibit "A"
BETWEEN THE CITY OF PEARLAND, TX AND
CITY OF FULSHEAR, TX
THE STATE OF TEXAS §
COUNTY OF BRAZORIA §
This Agreement made this the 16th day of February, 2016, between the City of
Pearland, Texas, a home -rule municipal corporation located in Brazoria County
("Pearland"), Texas and City of Fulshear, Texas a municipal corporation located in Fort
Bend County, Texas ("Fulshear").
WITNESSETH
Pursuant to the authority granted by the Texas Interlocal Cooperation Act (Tex
Gov't Code Ann. §791,001, et seq.) providing for the cooperation between local
governmental bodies, and pursuant to Subchapter F entitled "Cooperative Purchasing
Program" containing Sections 271.101 and 271.102 of the Texas Local Government Code,
the parties hereto, in consideration of the premises and mutual promises contained herein
agree to as follows;
I.
The City of Fulshear ("Fulshear") hereby designates its City Administrator or his
designee to act under the direction of and on behalf of Fulshear in contracting for ditch
cleaning services, pursuant to Pearland's Agreement with Donmar Grading ("Contractor")
which was let in accordance with Chapter 252 of the Texas Local Government Code and
all other applicable laws and which agreement is attached hereto as Exhibit "A" and
incorporated herein for all intents and purposes.
11.
Fulshear, by execution of this Agreement, agrees to directly pay Contractor after
completion and acceptance of the work specified in each work order for ditch cleaning
services, and after receipt of a proper invoice thereof an amount based upon the unit pricing
detailed in the attached agreement.
Neither Pearland nor Fulshear shall assume any responsibility or liability to pay for
materials purchased or services performed for the benefit of the other entity. Fulshear's
payment required by this article shall be made from current, available revenues.
Furthermore, both parties agree that the payment required herein fairly compensates
Pearland for any services or functions required to be performed under this Agreement. In
obtaining the services of Contractor through Pearland, Fulshear has relied solely on its own
1
inspections, investigations and due diligence regarding the services and Fulshear
acknowledges that Pearland has made no representations or warranties expressed or
implied with respect to the services to be rendered.
This Agreement shall take effect upon execution by both signatories, and shall serve
as each governmental body's commitment pertaining to purchases of the services
referenced in Article 1 hereof. This Agreement has been authorized by the governing
bodies of the parties hereto.
IV.
This Agreement shall be in effect from and after the 22�`t of February
which is the date of execution by Pearland.
CITY OF PEARLAND
By:
ay Pe;. • n, City Manager
ATTEST:
APP OVED AS TO FORM:
Damn Coker, City Attorney
.‘0%1 I 1111,4
2
CITY OF FULSHEAR
.1 o rnmy Kuvk t dal1. Mayor
.2016.
ATTEST:
IMP
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ana Offord, City c tary
APPROVED AS fO 1 OR
SNI t�. Petr}. -.//14
Grady Randle, Cit ttorney