Ordinance No. 15,492 ORDINANCE NO. 15,492
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN
1NTERLOCAL AGREEMENT FOR COOPERATIVE PURCHASING WITH
THE CITY OF WAXAHACHIE; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes the
City Manager to execute an Interlocal Agreement for Cooperative Purchasing with the City of
Waxahachie. A copy of said agreement is attached hereto as Exhibit "A," and incorporated herein
for all intents and purposes.
Section 2: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the
City of Baytown this the 271h day of July, 2023.
DON CAPETILL , Mayor
A EST:
ANGELA J KSON, City
APPROVED AS O FO M:
SCOTT L OND, City Attorney
R:\Karen Anderson\ORdMANCES1202312023.07.2711nterlocalwithCityoRYaxalinchie.docx
EXHIBIT "A"
INTERLOCAL AGREEMENT
This Interlocal Agreement ("Agreement") is made and entered into this 5th day of June,
2023, by and between the CITY OF BAYTOWN, Texas (hereinafter called 'CITY OF
BAYTOWN'), and the CITY OF WAXAHACHIE, Texas (hereinafter called
'WAXAHACHIE"), each acting by and through its duly authorized officials:
WHEREAS, CITY OF BAYTOWN and WAXAHACHIE are both governmental entities
engaged in the purchase of goods and services, which is a recognized governmental
function;
WHEREAS, CITY OF BAYTOWN and WAXAHACHIE wish to enter into this Agreement
pursuant to Chapter 791 of the Texas Government Code (hereinafter "Interlocal
Cooperation Act") to set forth the terms and conditions upon which CITY OF BAYTOWN
and WAXAHACHIE may purchase various goods and services commonly utilized by each
party;
WHEREAS, participation in an interlocal agreement will be highly beneficial to the
taxpayers of CITY OF BAYTOWN and WAXAHACHIE through the anticipated savings to
be realized and is of mutual concern to the contracting parties;
WHEREAS, CITY OF BAYTOWN and WAXAHACHIE have current funds available to
satisfy any fees owed pursuant to this Agreement.
NOW, THEREFORE, in consideration of the foregoing and the mutual promises,
covenants and obligations as set forth herein; CITY OF BAYTOWN and WAXAHACHIE
agree as follows:
1. CITY OF BAYTOWN and WAXAHACHIE may cooperate in the purchase of
various goods and services commonly utilized by the participants, where available and
applicable, and may purchase goods and services from vendors under present and future
contracts.
2. CITY OF BAYTOWN and WAXAHACHIE shall each be individually responsible for
payments directly to the vendor and for the vendors compliance with all conditions of
delivery and quality of purchased items under such contracts. CITY OF BAYTOWN and
WAXAHACHIE shall each make their respective payments from current revenues
available to the paying party.
3. Notwithstanding anything herein to the contrary, participation in this Agreement
may be terminated by any party upon thirty (30) days written notice to the other
participating party(ies).
4. The undersigned officer and/or agents of the party(ies) hereto are duly authorized
officials and possess the requisite authority to execute this Agreement on behalf of the
parties hereto.
5. This Agreement may be executed separately by the participating entities, each of
which shall be deemed an original and all of which together shall constitute one and the
same instrument.
6. This Agreement shall become effective on the day and year first written above (the
"Effective Date"). The primary term of this Agreement shall be for one (1) year,
commencing on the Effective Date and terminating on June 5, 2024, and shall thereafter
automatically renew for successive one-year terms, unless terminated according to the
terms set forth in Paragraph 3.
7. To the extent allowed by law, each party agrees to release, defend, indemnify, and
hold harmless the other (and its officers, agents, and employees) from and against all
claims or causes of action for injuries (including death), property damages (including loss
of use), and any other losses, demands, suits,judgments and costs, including reasonable
attorneys' fees and expenses, in any way arising out of, related to, or resulting from its
performance under this agreement, or caused by its negligent acts or omissions (or those
of its respective officers, agents, employees, or any other third parties for whom it is
legally responsible) in connection with performing this agreement.
6 The laws of the State of Texas shall govern the interpretation,validity, performance
and enforcement of this Agreement.
9. The provisions of this Agreement are severable. If any paragraph, section,
subdivision, sentence, clause, or phrase of this Agreement is for any reason held by a
court of competent jurisdiction to be contrary to law or contrary to any rule or regulation
having the force and effect of the law, the remaining portions of the Agreement shall be
enforced as if the invalid provision had never been included.
10. This Agreement embodies the entire agreement between the parties and may only
be modified in writing executed by both parties.
11. This Agreement shall be binding upon the parties hereto, their successors, heirs,
personal representatives and assigns. Neither party will assign or transfer an interest in
this Agreement without the written consent of the other parry.
12. It is expressly understood and agreed that, in the execution of this Agreement,
neither party waives, nor shall be deemed hereby to have waived any immunity or defense
that would otherwise be available to it against claims arising in the exercise of
governmental powers and functions. By entering into this Agreement, the parties do not
create any obligations, express or implied other that those set forth herein, and this
Agreement shall not create any rights in parties not signatories hereto.
13. The declarations, determinations and findings declared, made and found in the
preamble to this Agreement are hereby adopted, restated and made part of the operative
provisions hereof.
EXECUTED hereto on the day and year the agreement is approved and signed by the
final party.
CITY OF BAYTOWN ZCI
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By. Jason Reynolds, By. Michael Scott,
City Manager City Manager
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STATE OF TEXAS § `J n OFE���sLy�y
COUNTY OF HARRIS §
This instrument was acknowledged before me on the _ day of , 2023, by
Jason Reynolds of the CITY OF BAYTOWN, TEXAS, a home-rule municipal corporation,
on behalf of such corporation.
Notary Public in and for the
State of Texas
STATE OF TEXAS §
COUNTY OF ELLIS § ��{{,�
This instrument was acknowledged before me on the 'day of , II D 2023,
by Michael Scott, City Manager of the CITY OF WAXAHACHIE, TEXAS, a home-rule
municipal corporation, on behalf of such corporation.
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MY C9mmawn Exptru Nota Public in and for the
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