Ordinance No. 12,749ORDINANCE NO. 12,749
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE
CITY CLERK TO ATTEST TO A COOPERATIVE PURCHASING
AGREEMENT WITH THE TOWN OF LITTLE ELM; AND PROVIDING FOR
THE EFFECTIVE DATE THEREOF.
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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 and the City Clerk to attest to a cooperative purchasing agreement
with the Town of Little Elm. 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 e City Council of the
City of Baytown this the 11th day of December, 2014.
STVHEN H. DONCARLOS,
ATTEST:
• ay
LETICIA BRYSCH, Clerk
J /
•rr rrwa a- � }r
,'1 L
APPROVED AS TO FORM:
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RAKaren \Files \City Council "Ordinances\2014\December I I \Cityoft it tleElmCooperativePurchasingAgreement .doc
Exhibit "A"
COOPERATIVE PURCHASING AGREEMENT
STATE OF TEXAS
COUNTY OF HARRIS
This Cooperative Purchasing Agreement ( "Agreement') is made and entered into as of
the date written below between the Town of Little Elm ("Little Elm') and the City of Baytown
( "Baytown").
WHEREAS, both Little Elm and Baytown have each determined a need for a cooperative
agreement to purchase like goods and services to avoid duplicate procurement efforts and obtain
the benefits of volume purchasing; and
WHEREAS, Little Elm and Baytown are authorized by Section 271.102 of the Local
Government Code to pursue mutually beneficial and cooperative purchasing programs;
NOW, THEREFORE, for and in consideration of the mutual obligations and benefits
contained herein, Little Elm and Baytown agree as follows:
Section 1. The purpose of this Agreement is to provide Little Elm and Baytown with
additional purchasing options by satisfying the provisions of Section 271.102 of the Local
Government Code.
Section 2. The parties agree that each of the parties shall respectively designate a
person to act under the direction of, and on behalf of, the designating party (the "Designated
Representative'j.
Section 3. At the request of the other party, a party that enters into a contract with a
vendor for goods or services (the "First Purchasing Party') shall attempt to obtain the vendor's
agreement to offer those goods and services to the other party (the "Second Purchasing Party")
for the same price and on the same terms and conditions as have been offered to the First
Purchasing Party. If the vendor so agrees, and if the Second Purchasing Party is agreeable to
such terms and conditions, the Second Purchasing Party may enter into its own separate contract
with the vendor for the purchase of such goods or services.
Section 4. Unless otherwise agreed between the Designated Representatives,
payments for a purchase made by the Second Purchasing Party shall be paid directly to the
vendor and not to the First Purchasing Party. The Second Purchasing Party shall have the
responsibility of determining whether the vendor has complied with any provisions in its contract
with the vendor, including, but not limited to, those relating to the quality of items and terms of
delivery, and shall be responsible for enforcement of its contract against the vendor, including all
cost of enforcement.
Section S. Neither Little Elm nor Baytown shall assume any responsibility or liability to
pay for materials purchased or services performed for the benefit of the other party. All
a,a ytir:., i L I.'.' 1.: ik l 11 yl
payments required to be made pursuant to any contract entered into with a vendor pursuant to
this Agreement shall be made from current, available revenues. In obtaining services of a vendor
under this Agreement each party acknowledges that it has or will rely solely on its own
inspections, investigations, research, and due diligence regarding the materials or services
desired and not on any representations or warranties of the other party hereto.
Section 6. This Agreement will be subject to all applicable federal, state and local
laws, ordinances, rules and regulations.
Section 7. This Agreement may be terminated by either party, without cause or
penalty, upon not less than thirty (30) days' written notice to the other party.
Section S. The parties acknowledge that each party and, if it so chooses, its counsel
have reviewed and revised this Agreement and that the normal rule of construction to the effect
that any ambiguities are to be resolved against the drafting party must not be employed in the
interpretation of this Agreement or any amendments or exhibits hereto.
Section 9. if any action, whether real or asserted, at law or in equity, arises on the
basis of any provision of this Agreement, venue for such action shall lie in state courts located in
Harris County, Texas, or the United States District Court for the Southern District of Texas —
Houston Division. This Agreement shall be construed in accordance with the laws of the State
of Texas.
Section 10. if any term or provision of this Agreement is held to be illegal, invalid or
unenforceable, the legality, validity or enforceability of the remaining terms or provisions of this
Agreement shall not be affected thereby, and in lieu of each such illegal, invalid or
unenforceable term or provision, the parties shall endeavor to agree to a legal, valid or
enforceable term or provision as similar as possible to the term or provision declared illegal,
invalid or unenforceable.
Section 11. Execution of this Agreement does not obligate Little Elm or Baytown to
make any purchase, to pay any membership fee or to otherwise or in any manner incur any cost
or obligation.
Section 12. This Agreement may be executed in multiple counterparts, each of which
shall be deemed an original, and all of which shall constitute but one and the same instrument.
Section 13. The undersigned officers and/or agents are properly authorized to execute
this Agreement on behalf of the parties hereto and each party hereby certifies to the other that
any necessary actions extending such authority have been duly passed and are now in full force
and effect.
Section 14. All notices, requests, demands, and other communications which are
required or permitted to be given under this Agreement shall be in writing and shall be deemed
to have been duly given upon the delivery or receipt thereof, as the case may be, if delivered
personally or sent by registered or certified mail, return receipt requested, postage prepaid, to the
respective city representative set out below, or his/her designee.
C000ernrtve Purchasing AtommoL Page 2
EXECUTED this
CITY OF LITTLE ELM
100 West Eldorado Pkwy
Little Elm, TX 7500
By:
( ignatu
Matt Mueller
(Printed Name)
Town Manager
('Title)
ATTEST:
(Signature)
Kathy Phillips
(Printed Name)
Town Secretary
(Title)
APPROVED AS TO FORM:
to&f'�
(Signature)
Robert Brown
(Printed Name)
Town Attorney
(Title)
day of 2014.
By:
CITY OF BAYTOWN
2401 Market Street
Baytown, TX 77520
ROBERT D. LEIPER, City Manager
ATTEST:
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
November 4, 2014
Date Date
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