FCPEMSD Resolution No. 104 RESOLUTION NO. 104
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE BAYTOWN
FIRE CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES
DISTRICT AUTHORIZING AND DIRECTING THE PRESIDENT TO
EXECUTE AND THE SECRETARY TO ATTEST TO AN INTERLOCAL
AGREEMENT WITH THE CITY OF BAYTOWN,TEXAS TO USE THE CITY
OF BAYTOWN'S PURCHASING AGENT FOR PURCHASES IN EXCESS OF
$15,000.00; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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WHEREAS,the Board of Directors of the Baytown Fire Control, Prevention, and Emergency
Medical Services District ("FCPEMSD") is committed to providing opportunities for competition
before making any purchase or contract for supplies, materials, equipment or contractual services;
and
WHEREAS, FCPEMSD uses a similar procedure consistent with Chapter 252 of the Texas
Local Government Code for all purchases over $15,000.00, with the exception of those services
exempt from such chapter; and
WHEREAS, Section 344.156(c) of the Texas Local Government Code states that if the
municipality that created the district has a purchasing agent authorized by law,that agent shall serve
as purchasing agent for the FCPEMSD; and
WHEREAS, the City Council of the City of Baytown proposed the creation of the Baytown
Fire Control, Prevention, and Emergency Medical Services District by Resolution No. 1767; and
WHEREAS, the City Council of the City of Baytown created the Baytown Fire Control,
Prevention, and Emergency Medical Services District by ordinance on May 22, 2006, Ordinance
No. 10,337; and
WHEREAS, the City Council of the City of Baytown and the Baytown Fire Control,
Prevention, and Emergency Medical Services District desire to enter into an interlocal agreement
allowing FCPEMSD to use the City of Baytown's purchasing agent for procurement services for
purchases over$15,000.00.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE BAYTOWN FIRE
CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES DISTRICT:
Section 1: The Board of Directors of the Baytown Fire Control, Prevention, and
Emergency Medical Services District, hereby finds that the above-referenced recitals are true and
correct.
Section 2: The Board of Directors of the Baytown Fire Control, Prevention, and
Emergency Medical Services District hereby authorizes and directs the President to execute and
the Secretary to attest to an Interlocal Agreement with the City of Baytown to use the purchasing
agent of the City of Baytown for purchases in excess of$15,000.00. A copy of said agreement is
attached hereto as Exhibit "A," and incorporated herein for all intents and purposes.
Section 3: This resolution shall take effect immediately from and after its passage by the
Board of Directors of the Baytown Fire Control, Prevention, and Emergency Medical Services
District.
INTRODUCED, READ and PASSED by the affirmative vote of the Board of Directors of
the Baytown Fire Control, Prevention, and Emergency Medical Services District this the 19th day of
March, 2025.
BARRY HAWKINS, President
ATTEST:
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ANGELAOACKSON, r CP y
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APPROVED AS TO
VAN IV q,1General Counsel
R:lOrdinances and Resolutions'Resolution Dratts'FCPEMSD'2025 03.19 Resolution Authorizing Interlocal Agreement with COB to Use Purchasing
Agent.docx
INTERLOCAL AGREEMENT FOR USE OF PURCHASING AGENT
STATE OF TEXAS §
COUNTY OF HARRIS §
This Interlocal Agreement for Use of Purchasing Agent (the "Agreement") is made as of
the day of March,2025,by and between the CITY OF BAYTOWN,a municipal corporation
located in Harris and Chambers Counties, Texas, (the "City") and the BAYTOWN FIRE
CONTROL, PREVENTION, AND EMERGENCY MEDICAL SERVICES DISTRICT, a fire
control, prevention, and emergency medical services district created under Chapter 344 of the
Texas Local Government Code, as amended, (the "Act") and located in Harris and Chambers
Counties,Texas,(the"District"). The City and the District are collectively referred to as"Parties."
For and in consideration of the mutual covenants herein contained, it is agreed as follows:
Section 1. Representations and Warranties of District.
a) The District desires to enter into an interlocal agreement with the City to utilize the
purchasing agent of the City pursuant to Section 344.156(c) of the Texas Local
Government Code in order to comply with Chapter 252 of the Texas Local
Government Code for purchases and expenditures in excess of$15,000.00.
b) The District represents and warrants that it has been properly created and is duly
authorized pursuant to the Act to enter into this Agreement.
c) The District covenants that it shall actively work to productively coordinate its
activities with the City in an effort to reduce duplication of services.
Section 2. Representations and Warranties of City.
a) The City represents and warrants that it created the District, subject to the
affirmative vote of a majority of the citizens of the City of Baytown, and is duly
authorized to enter into this Agreement.
b) The City represents that the City's purchasing agent is authorized by law to make
purchases and expenditures by and for the City consistent with Chapter 252 of the
Texas Local Government Code.
c) The City desires to enter into an interlocal agreement with the District allowing the
purchasing agent of the City to make purchases and expenditures in excess of
$15,000.00 of the District comply with Chapter 252 of the Texas Local Government
Code.
d) The City covenants that it shall actively work to productively coordinate its
activities with the City in an effort to reduce duplication of services.
Interlocal Agreement for Use of Purchasing Agent, Page I
Section 3. Definitions.
a) Covered Purchases purchases over$15,000.00 by the District where competitive
bidding procedures in Title 8 and Chapter 252 of the Texas Local Government
apply.
Section 4. Agreements.
a) The Parties agree that the purchasing agent of the City shall serve as purchasing
agent for the District.
b) The Parties agree that the purchasing agent of the City is responsible for making
Covered Purchases that comply with Chapter 252 of the Texas Local Government
Code.
c) The Parties agree that the City's Purchasing Policies and Guidelines shall apply to
the District's Covered Purchases, insofar as the City's Purchasing Policies and
Guidelines do not conflict with Chapter 344 of the Texas Local Government Code
and the District's adopted rules for Covered Purchases.
d) The Parties agree that they shall actively work to productively coordinate their
activities to reduce duplication of services for Covered Purchases.
Section 5. Term.
This Agreement shall be effective for a one-year period commencing on April 1, 2025, and
shall automatically renew for successive one-year periods, unless terminated by thirty (30) days
written notice to either party.
Section 6. Force Majeure.
Any prevention, delay, nonperformance, or stoppage due to any of the following causes
shall excuse nonperformance for the period of any such prevention, delay, nonperformance, or
stoppage, except the obligations imposed by this Agreement for the payment of funds allocated
for the District's programs. The causes referred to above are strikes, lockouts, labor disputes,
failure of power, acts of God, acts of public enemies of this State or of the United States, riots,
insurrections, civil commotion, inability to obtain labor or materials or reasonable substitutes for
either, governmental restrictions or regulations or controls, casualties or other causes beyond the
reasonable control of the party obligated to perform.
Section 7. Parties in Interest.
This contract shall bind and benefit the City and the District and shall not bestow any rights
upon any third parties.
Interlocal Agreement for Use of Purchasing Agent, Page 2
Section 8. Non-waiver.
Failure of either party hereto to insist on the strict performance of any of the agreements
herein or to exercise any rights or remedies accruing thereunder upon default or failure of
performance shall not be considered a waiver of the right to insist on and to enforce, by an
appropriate remedy, strict compliance with any other obligation hereunder or to exercise any right
or remedy occurring as a result of any future default or failure of performance.
Section 9. Compliance with Applicable Laws.
The Parties hereto shall comply with all rules, regulations, and laws of the United States of
America, the State of Texas, and all laws, regulations, and ordinances of the City of Baytown and
the District as they now exist or may hereafter be enacted or amended.
Section 10. Choice of Law; Venue.
This contract is subject to and shall be construed in accordance with the laws of the State
of Texas, the laws of the federal government of the United States of America and all rules and
regulations of any regulatory body or officer having jurisdiction. This contract is performable in
Harris County, Texas.
Section 11. Notices.
All notices required or permitted hereunder shall be in writing and shall be deemed
delivered when actually received or, if earlier, on the third day following deposit in a United States
Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt
requested) addressed to the respective other party at the address described below or at such other
address as the receiving party may have theretofore prescribed by notice to the sending party:
District
Baytown Fire Control, Prevention, and Emergency Medical Services District
Attn: President, Board of Directors
P.O. Box 424
Baytown, TX 77522-0424
Fax: (281) 420-6586
City
City of Baytown
Attn: City Manager
P. O. Box 424
Baytown, Texas 77522-0424
Fax: (281) 420-6586
Interlocal Agreement for Use of Purchasinb Agent, Page 3
Section 12. Audits.
The City and the District may. at any reasonable time, conduct or cause to be conducted an
audit of the other party's records and financial transactions. The cost of said audit will be borne
by the entity requesting the audit. The City and the District shall make available all of its records
in support of the audit.
Section 13. Ambiguities.
In the event of any ambiguity in any of the terms of this contract, it shall not be construed
for or against any party hereto on the basis that such party did or did not author the same.
Section 14. Captions.
The captions of the sections and subsections, if any, of this Agreement are for convenience
and ease of reference only and do not define, limit,augment or describe the scope,content or intent
of this Agreement or of any part or parts of this Agreement.
Section 15. Entire Agreement.
This Agreement contains all the agreements of the Parties relating to the subject matter
hereof and is the full and final expression of the agreement between the Parties. Any oral
representations or modifications concerning this instrument are of no force or effect excepting a
subsequent modification in writing signed by all the Parties hereto.
Section 16. Assignment or Transfer of Rights or Obligations.
The Parties shall not sell, assign, or transfer any of its rights or obligations under this
Agreement in whole or in part without prior written prior consent of the other party.
Section 17. Severability.
All Parties agree that should any provision of this Agreement be determined to be invalid
or unenforceable, such determination shall not affect any other term of this Agreement,which shall
continue in full force and effect.
Section 18. Authority.
The officers executing this Agreement on behalf of the Parties hereby represent that such
officers have full authority to execute this Agreement and to bind the party he she represents.
IN WITNESS WHEREOF, the Parties have made and executed this contract in multiple
copies, each of which shall be an original.
Interlocal Agreement for Use of Purchasing Agent, Page 4
CITY OF BAYTOWN BAYTOWN FIRE CONTROL,
PREVENTION AND EMERGENCY
MEDICAL SERVICES DISTRICT
CHARLES JOHNSON, Mayor BARRY HAWKINS, President
ATTEST: ATTEST:
ANGELA JACKSON, City Clerk ANGELA JACKSON, Secretary
APPROVED:
SCOTT LEMOND, City Attorney VANCE HINDS, Assistant General Counsel
R Vance Hinds`•Firc Fire Control'Interlocal Agreement Fire Control and COB for Use of Purchasing Agent doer
Interlocal Agreement for Use of Purchasing Agent, Page 5