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Contract - City of Pearland - 3/24/2022 t 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 791.001-791.029 of the Texas Government Code; and, WHEREAS, the parties, in performing governmental functions or in paying for the performance of government 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 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 service performed under this contract. I. 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. II. Each party agrees that all specifications for selected items shall be as determined by the other party. 4866-3068-3149/ss2 20 z^G—c' Z C/� Neither Pearland nor Round Rock shall assume any responsibility or liability to pay for materials purchased or services performed 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. III. 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. IV. 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 PEARLAND CITY OF ROUND ROCK By: By: Clay Pearson, City Manager Cra• or . Mayor ATTEST: ATTEST: n Crystal Roan, City Secretary Meagan Spink City Cle APPROVED AS TO FORM: APPR 1 V D AS T FORM: fir+--=. 'Au . J Darrin Coker, City Attorney Step n L. Sheets, City Attorney 2