Ordinance No. 13,053ORDINANCE NO. 13, 053
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AN AGREEMENT WITH COVESTRO, F/K/A BAYER
MATERIALSCIENCE TO ACCEPT THE DONATION OF FUNDS FOR THE
PURCHASE OF SOLAR - POWERED COMPACTING TRASH AND RECYCLING
BINS; 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 and
directs the City Manager to execute an agreement with Covestro, f/k/a Bayer MaterialScience to accept
the donation of funds for the purchase of solar- powered compacting trash and recycling bins. 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. .17
INTRODUCED, READ and PASSED by the affirmative votytf the City Council of the City of
Baytown this the 100' day of December, 2015.
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APPROVED AS TO FORM:
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NACIO RAMIREZ, SR., Cieltto ey
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Exhibit "A"
SPONSORS141P AGREEMENT
STATE OF TEXAS
COUNTY OF HARRIS §
This Sponsorship Agreement (the "Agreement-) is made and entered into this 3 day of December. 2015. by and
between the CITY OF BAYTOWN. a municipal corporation located in Ilarris and Chambers Counties. Texas.
hereinafter known as the "City." and Covestro. LI..C. a Delaware limited liability company. hereinafter knows as the
"Covestro."
1. Sponsorship. Subject to the terms and conditions of this Agreement. Covestro hereby donates to the City and
the City hereby accepts from Covestro ONE HUNDRED 'IIIOUSA \D AND NO 100 DOLLARS
(S 100.000.00) for the purposes expressed herein ('`Donated Funds "). Covestro will send Donated Funds on or
before December 31. 2013. %is %% ire transfer in accordance to the %% ire instructions provided b% the City.
2. Use of Donated Funds. The City will use the Donated Funds to purchase and install approximatel) fourteen
(14) double -unit solar - powered compacting trash and recycling bins (each a "Bin ") in the following locations:
Quantity
I
Jenkins Park
I
Ilollox%a Park
I
Eddie I luron Park
I
Sorts Complex Men's Side)
I
Blue heron Park
Quantity
I
Location
NIcElroy Park
I
Bergeron Park
I
Pelly, Park
2
Roseland Park
4
Town Square
It is expressl) understood and agreed that the Director of Parks may. in his sole reasonable discretion. modify
these locations as he deems is appropriate. The Bins will be installed on or before April 30. 201 G. and shall be
maintained throughout their uscfiul liecs.
3. Ackno%%ledaentent of Covestro. Each Bin will have a custom wrap on the front to display the Covestro lo,-,o
and to highlight the recycling partnership between Covestro and the City. Covestro agrees to provide the City
its logo in a format appropriate for use for the Bins on or before December 15. 2015.
4. Accounting. Within thirty (30) days ofthe City's receipt of a written request from Covestro, the City %%ill
provide a %%ritten report detailing ho%% the Donated Funds "ere expended.
5. General Provisions. This Agreement shall in all respects be interpreted and construed in accordance with and
governed by the laws of the State of Texas, regardless of the place of its execution or perforntance. The place of
makin- and the place of performance for all purposes shall be Baytown. Harris County.'rexas. 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 ofthis Agreement, which shall continue in full force and effect. This Agreement
shall not bestow any rights upon any third party. but rather, shall bind and benefit the Covestro and the Cit)
only. This Aureentent contains all the agreements ofthe parties relating to the subject matter hereofand is the
full and final expression ofthe a4greement between the parties. In the event of any ambiguity in any ofthe ternts
of this Agreement. it shall not be construed for or against any party hereto on the basis that such party did or did
not author the same. The individuals executing this Agreement on behalf ofthe parties hereby represent that
such individuals have full authority to execute this Agreement and to bind the party he represents.
IN \TIT\ESS WHEREOF. the parties hereto have executed this Agreement in multiple copies. each o which
shall be deemed to be an original, but all of which shall constitute but one and the same agreement, this c�da% of
December. 2015.
CO V = 'fRO. LLC CITY OF BAYTOWN. TEXAS
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(Signature) RICI IARD L. DAVIS. City Manager
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