HomeMy WebLinkAboutRES 22-331 RESOLUTION NO.22-331
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager or his designee be and they are hereby authorized to
execute an Interlocal Agreement between the City of Beaumont and the City of Harris
County. The Interlocal Agreement is substantially in the form attached hereto as Exhibit
"A," and made a part hereof for all purposes.
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute all documents related to executing this Agreement.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 12th day of
December, 2022. ,Ep,UMp41"
iv&LV� V AUMq�,r;rFxn_s ; 2� - Mayor Robin Mouton -
INTERLOCAL AGREEMENT BETWEEN HARRIS COUNTY AND
CITY OF BEAUMONT,TEXAS
THE STATE OF TEXAS §
COUNTY OF HARRIS §
This Interlocal Agreement(the"Agreement") is made and entered by and between Harris County,
Texas ("Harris County"), a body corporate and politic under the laws of the State of Texas, acting
by and through its Commissioners Court and the City of Beaumont, Texas (the "City"), and
pursuant to the Interlocal Cooperation Act, Tex. Gov't Code Ann. §§ 791.001 —791.030. Harris
County and the City are referred to herein collectively as"Parties" and individually as a"Party."
Recitals
The City desires Harris County's assistance in purchasing certain materials, goods or services and
Harris County desires the City's assistance in purchasing certain materials, goods or services.
Harris County and the City currently purchase certain materials, goods, and services from various
businesses ("Vendors") under executed Harris County and City of Beaumont, Texas contracts.
Harris County agrees to allow the City to utilize its current contracts and the City agrees to allow
Harris County to utilize its current contracts in order to increase the efficiency and effectiveness
of government.
Terms
I.
Each Party agrees to supply the other Party with information concerning contracts each Party
currently utilizes or will utilize in the future with various Vendors. This Agreement shall apply
only to those materials, goods, or services for which the Party currently has, or will have in the
future, under an executed contract with a Vendor. Nothing herein shall obligate a Party to
purchase any materials, goods, or services from any particular Vendor. A Party shall not, under
any circumstances,be obligated to procure any materials,goods, or services for the other Party nor
to include the other Party in any procurement effort. Each Party reserves the right, in its sole
discretion, to terminate any or all of its contracts with any Vendor(s) without the prior written
notice or approval of the other Party. Neither Party owes the other Party any obligation whatsoever
for the use of its contracts. Neither Party owes compensation to the other Party for the use of its
current executed contracts. Neither Party shall enter into any contract allowing any third party
including, but not limited to other municipalities, agencies, departments, counties, cooperative
purchasing organizations or other governmental entities, the use of the other Party's contracts
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EXHIBIT "A"
through the utilization of this Agreement.
II.
•
Each Party requesting Vendor to supply materials, goods, or services (the "Requesting Party ")
under an executed contract from the other Party ("Contracting Party") will enter into a contract
with the Vendor. Each Vendor, in its own discretion,must agree to allow the Requesting Party to
purchase materials,goods, or services under the contract between the Vendor and the Contracting
Party. The following language shall be included in each contract the Requesting Party enters into
with a Vendor.
The materials, goods, or services subject to this contract are being procured using an
executed contract between Vendor and [name of Contracting Party], subject to the
following.
Vendor has the right to refuse the [name of Requesting Party] request to use the [name of
Contracting Party] executed contract;
If Vendor agrees to contract with [name of Requesting Party] using its executed contract
with [name of Contracting Party], then all materials, goods, or services purchased under
the Agreement between [name of Requesting Party] and Vendor shall be in accordance
with the current terms and conditions of the [name of Contracting Party] executed contract;
[name of Requesting Party] shall have no authority whatsoever to change any terms,
conditions, or pricing in any [name of Contracting Party] contract;
In the event that the contract was procured using a Request For Proposals or any other
procurement process that allows for negotiation, the [name of Requesting Party] may
negotiate pricing and terms that would apply to [name of Requesting Party] only;
Vendor shall bill [name of Requesting Party] directly for any and all materials, goods, or
services purchased by [name of Requesting Party] under the [name of Contracting Party]
executed contract;
Vendor shall look only to [name of Requesting Party] for any and all compensation owed
for purchases made by [name of Requesting Party] utilizing the executed [name of
Contracting Party] contract; and
Vendor shall settle any and all disputes with [name of Requesting Party] concerning any
purchases made by [name of Requesting Party]. [name of Contracting Party] shall not be
aparty to any dispute between Vendor and [name of Requesting Party],nor be responsible
in any way for the acts or omissions of[name of Requesting Party]
III.
Each Party understands that all the materials,goods, or services procured using the other Party's
executed contracts shall be procured by the Party in accordance with all applicable federal, state,
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and local laws,rules,regulations,or ordinances,including but not limited to the County Purchasing
Act Tex. Loc. Gov't Code §§ 262.021, et. seq as amended and the Purchasing and Contracting
Authority of Municipalities Tex.Loc. Gov't Code Ann. §§ 252.001, et. seq., as amended.
IV.
Each Party shall be responsible to a Vendor only for the materials, goods, or services ordered and
received by the Party 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. Any and all disputes arising
between Vendor and the Requesting Party shall be handled between the Requesting Party and
Vendor. Vendors shall bill the Requesting Party directly for all materials, goods, or services
ordered by it. The Requesting Party understands and agrees it shall make all payments to Vendors
in accordance with all applicable laws including, but not limited to Tex.. Gov't Code Ann. §§
101.021, et. seq., as amended.
V.
EACH PARTY SHALL BE RESPONSIBLE FOR ALL CLAIMS AND LIABILITY DUE
TO THE ACTIVITIES OF THE PARTY'S EMPLOYEES, OFFICIALS, AGENTS OR
SUBCONTRACTORS ARISING OUT OF OR UNDER THIS AGREEMENT AND
WHICH RESULT FROM ANY ACT, ERROR, OR OMISSION; INTENTIONAL TORT;
INTELLECTUAL PROPERTY INFRINGEMENT; OR FAILURE TO PAY A VENDOR;
COMMITTED BY THE PARTY OR ITS EMPLOYEES, OFFICIALS, AGENTS,
CONSULTANT UNDER CONTRACT, OR ANOTHER ENTITY OVER WHICH IT
EXERCISES CONTROL.
VI.
This Agreement is subject to the federal, state, and local laws, orders, rules, ordinances, and
regulations relating to the Agreement and funded by state or federal funds, or of applicable
conditions of participation in Medicaid or Medicare program(s). Each Party shall comply with all
applicable federal, state, and local laws, ordinances, rules, and regulations concerning the
performance of this Agreement.
This Agreement is governed by the laws of the State of Texas.
The forum for any action under or related to the Agreement is exclusively in a state or federal court
of competent jurisdiction in Texas.
The exclusive venue for any action under or related to the Agreement is in a state or federal court
of competent jurisdiction in Houston,Harris County, Texas.
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•
VII.
This instrument contains the entire Agreement between the Parties relating to the rights herein
granted and obligations herein assumed.
Any oral or written representations or modifications concerning this instrument shall not be
effective excepting a subsequent written modification signed by both Parties.
However,any alterations,additions,or deletions to the terms of this Agreement which are required
by changes in federal or state law or regulations are automatically incorporated into this Agreement
without written amendment, and shall become effective on the date designated by such law or
regulation.
VIII.
The term of this Agreement shall commence upon approval of all Parties, shall run for the next
consecutive twelve(12)months,and shall automatically renew each year unless earlier terminated.
Each Party shall have the right to immediately terminate this Agreement upon a material breach
by the other Party,which shall include but not be limited to noncompliance with Article II.
Either Party may cancel this Agreement at any time upon thirty (30) days written notice to the
other Party to this Agreement. The obligations of the Requesting Party to pay Vendor for all
materials,goods,or services if any,purchased pursuant to this Agreement prior to such notice shall
survive such cancellations, as well as any other obligation incurred under the Contracting Party's
contracts, until performed or discharged by the Requesting Party.
IX.
Any notice required to be given under the provisions of this Agreement shall be in writing and
shall be duly served when it shall have been personally delivered to the address below, or
deposited, enclosed in a wrapper with the proper postage prepaid thereon, and duly registered or
certified, return receipt requested, in a United States Post Office, addressed to Harris County or
the City of Beaumont at the following addresses. If mailed,any notice or communication shall be
deemed to be received three (3) days after the date of deposit in the United States Mail. Unless
otherwise provided in this Agreement, all notices shall be delivered to the following addresses:
To City: City of Beaumont
801 Main Street, Suite 315
Beaumont, TX 77704
Attn: Terry Welch
To Harris County: Harris County Purchasing Agent
1111 Fannin, 12th floor
Houston,Texas 77002
Attn: Margaret Obot
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Either Party may designate a different address by giving the other Party ten (10) days written
notice.
X.
If any provision or part of the Agreement or its application to any person, entity, or circumstance
is ever held by any court of competent jurisdiction to be invalid for any reason, the remainder of
the Agreement and the application of such provision or part of the Agreement to other persons,
entities, or circumstances are not affected.
Any provision of this Agreement that by its plain meaning is intended to survive the expiration or
earlier termination of this Agreement, including without limitation the indemnification provisions
herein,shall survive such expiration or earlier termination. If an ambiguity exists as to survival of
any provision,the provision shall be deemed to survive.
XI.
EXECUTION. Multiple Counterparts: The Agreement may be executed in several counterparts.
Each counterpart is deemed an original. All counterparts together constitute one and the same
instrument. Each Party warrants that the undersigned is a duly authorized representative with the
power to execute the Agreement.
CITY OF BEAUMONT, TEXAS HARRIS COUNTY
By: By:
LINA HIDALGO
COUNTY JUDGE
APPROVED AS TO FORM:
CHRISTIAN D.MENEFEE
COUNTY ATTORNEY
By:
T. Scott Petty
Assistant County Attorney
C.A.File 21 GEN4178
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ORDER OF COMMISSIONERS COURT
Authorizing Execution of an Interlocal Agreement
The Commissioners Court of Harris County, Texas, met in regular session at its regular
term at the Harris County Administration Building in the City of Houston, Texas, on
,with all members present except
A quorum was present. Among other business,the following was transacted:
ORDER AUTHORIZING EXECUTION OF AN INTERLOCAL AGREEMENT
BETWEEN HARRIS COUNTY AND CITY OF BEAUMONT,TEXAS
Commissioner introduced an order and made a motion
that the same be adopted. Commissioner seconded the motion for
adoption of the order. The motion, carrying with it the adoption of the order, prevailed by the
following vote:
Yes No Abstain
Judge Lina Hidalgo 0 0 0
Comm.Rodney Ellis ❑ 0 0
Comm.Adrian Garcia 0 0 0
Comm. Tom S. Ramsey,P.E. 0 0 ❑
Comm. R. Jack Cagle ❑ 0 ❑
The County Judge thereupon announced that the motion had duly and lawfully carried and
that the order had been duly and lawfully adopted. The order thus adopted follows:
IT IS ORDERED that the Harris County Judge is authorized to execute, for and on behalf of
Harris County,the Interlocal Agreement between the City of Beaumont,Texas and Harris County,
pursuant to Tex. Gov't Code Ann. §§ 791.001 — 791.030; to allow Harris County to utilize the
current contracts of the City of Beaumont, Texas and to allow the City of Beaumont, Texas to
utilize the current contracts of Harris County in order to increase the efficiency and effectiveness
of government. The Interlocal Agreement is incorporated by reference for all purposes as though
fully set out in this Order word for word.
All Harris County officials_and employees are authorized to do any and all things necessary or
convenient to accomplish the purpose of this Order.
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