R-2022-092 - 3/24/2022 RESOLUTION NO. R-2022-092
WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A., authorizes local
governments and agencies of the state to enter into agreements with one another to perform
governmental functions and services, and
WHEREAS, the City of Round Rock wishes to enter into an Interlocal Agreement with the
City of Pearland for participation in a cooperative purchasing program, Now Therefore
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
That the Mayor is hereby authorized and directed to execute on behalf of the City an Interlocal.
Agreement with the City of Pearland, a copy of same being attached hereto as Exhibit "A" and
incorporated herein for all purposes.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
RESOLVED this 24th day of March, 2022.
——-------------
C IG )IR N, Mayor
City oon dock, Texas
ATTEST-
"IN
54kS C i y Clerk
MEAGA4NS
III
U Ili 1112 2UM 43:54 M 111 24158
ffEX H I:B1 T
"A"
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF PEARLAND,TX AND
CITY OF ROUND ROCK, TX
This Agreement made this _............ day of March 2022, between the City of
Pearland, Texas, a home-rule municipal corporation located in Brazoria County
("Pearland"), Texas and City of Round Rock, Texas a home-rule municipal corporation
located in Williamson County ("Round Rock, TX").
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-,
WHEREAS, the contract is made under the authority of Section 791.001-79 .0 of the
Texas Government Code; and,
WHEREAS, the parties, in performing governmental functions or in paying for the
performance of goverrunent functions 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 gore ental 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 service perfon-ned under this contract.
1.
Each party hereby makes, constitutes and appoints the other party its true and
lawful purchasing agent for the purchase of various commodities using Annual Contracts
(Bids). Each party will maintain a listing of Annual Contracts which are available for the
other party's use. To utilize one or more of these contracts, each party must request
authorization, in writing, to the other party. Upon receipt of request, the receiving party
will forward a copy of the appropriate Annual Contract to the requesting entity, Each
party agrees that the bidding shall be conducted by the other party according to its usual
bidding procedures and in accordance with applicable State statues.
11.
Each party agrees that all specifications for selected items shall be as determined
by the other party.
4866-3068-3149/ss2
1
Neither Pearland nor Round Rock shall assume any responsibility or liability to
pay for materials purchased or services perfon-ned for the benefit of the other entity. In
obtaining the services of Contractor through Pearland, Round Rock has relied solely on
its own inspections, investigations and due diligence regarding the services and Round
Rock acknowledges that Pearland has made no representations or warranties expressed or
implied with respect to the services to be rendered.
Ill.
Each party agrees to pay the supplier for all goods,equipment and products
pursuant to this agreement. The successful bidder or bidders shall bill each respective
party directly for all items purchased and each party shall be responsible for vendor's
compliance with all conditions of delivery and quality of the purchased items.
lv
This Agreement shall be in effect from and after the- March, 2022, the date
of execution until terminated by either party to the agreement.
CITY OF E' ANIS CITY OF ROUND ROCK
By: ... .......... By: I I ............... ...........
Clay Pearson, City Manager Craig Morgan, Mayor
ATTEST: ATTEST:
Crystal Roan, City Secretary Meagan Spinks, City Clerk
APPROVED AS TO FORMS APPROVED AS TO FORM:
............ ............
Darrin Coker, City Attorney Stephan L, Sheets, City Attomey