Ordinance No. 12,792ORDINANCE NO. 12,792
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 CITY OF FRISCO; 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 City of Frisco. 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 vot�6f the City Council of the
City of Baytown this the 12th day of February, 2015. /C
AT T ST:
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
NACIO RAMIREZ, S .City Attorney
H. DONCARLOS,
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Exhibit "A"
INTERLOCAL AGREEMENT
This Interlocal Agreement ( "Agreement ") is made and entered into this day of
, 2015, by and between the CITY OF FRISCO, Texas (hereinafter called
"CITY OF FRISCO"), and the CITY OF BAYTOWN, Texas (hereinafter called
"BAYTOWN "), each acting by and through its duly authorized officials:
WHEREAS, CITY OF FRISCO and BAYTOWN are both governmental entities engaged
in the purchase of goods and services, which is a recognized governmental function;
WHEREAS, CITY OF FRISCO and BAYTOWN 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 FRISCO
and BAYTOWN 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 FRISCO and BAYTOWN through the anticipated savings to be
realized and is of mutual concern to the contracting parties;
WHEREAS, CITY OF FRISCO and BAYTOWN 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 FRISCO and BAYTOWN agree
as follows:
1. CITY OF FRISCO and BAYTOWN 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 FRISCO and BAYTOWN shall each be individually responsible for
payments directly to the vendor and for the vendor's compliance with all conditions of
delivery and quality of purchased items under such contracts. CITY OF FRISCO and
BAYTOWN 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 January 1, 2016, 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.
8 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 party.
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 first above written.
CITY OF FRISCO
CITY OF BAYTOWN
George Purefoy By:
City Manager
STATE OF TEXAS §
COUNTY OF COLLIN §
This instrument was acknowledged before me on the day of , 2015, by
George Purefoy, City Manager of the CITY OF FRISCO, 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 §
This instrument was acknowledged before me on the day of ,
2015, by 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