Ordinance No. 13,054ORDINANCE NO. 13, 054
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 A MOBILE TRAILER FOR THE EDDIE V. GRAY
WETLANDS RECREATION AND EDUCATION CENTER.; 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 a mobile trailer for the Eddie
V. Gray Wetlands Recreation and Education Center. 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
City of Baytown this the l Otb day of December, 2015.
APPROVED AS TO FORM:
eWNACIO RAMIREZ, SR., C,0 Attorney
R:1KarenTi1es \City CounciliOrdinances\2015 December 10'.CovestroTrailerAgreeement.doc
vote of the City Council of the
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Exhibit "A"
SPONSORSHIP AGREEMENT
STATE OF TEXAS
COUNTY OF HARRIS §
This Sponsorship Agreement (the "Agreement ") is made and entered into this _ day of December, 2015,
by and between the CITY OF BAYTOWN, a municipal corporation located in Harris and Chambers Counties,
Texas, hereinafter known as the "City," and Covestro, LLC, a Delaware limited liability company, hereinafter
known 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 NINETY THOUSAND AND NOi 100
DOLLARS ($190,000.00) for the purposes expressed herein ( "Donated Funds "). Covestro will send
Donated Funds on or before December 31, 2015, via wire transfer in accordance to the wire instructions
provided by the City.
2. Use of Donated Funds. The City will use the Donated Funds (i) to purchase a mobile trailer (the "Mobile
Trailer ") for the Eddie V. Gray Wetlands Recreation and Education Center (the "Wetlands Center "), and
(ii) to outfit the Mobile Trailer with custom - designed interpretive and interactive exhibits promoting
sustainable energy, renewable energy, and wise -use practices, which may include Covestro end -user
products that promote environmental sustainability. The City shall use the Mobile Trailer not only at the
Wetlands Center but will also take the Mobile Trailer to at least three (3) public events per year, which
destinations may include, but are not be limited to, schools, festivals, fairs, picnics and other events open
to the general public.
3. Acknowledgement of Covestro. The Mobile Trailer will bear a custom wrap displaying the Covestro logo
and highlighting the partnership between Covestro and the City. Covestro agrees to provide the City its
logo in a format appropriate for use for the mobile trailer on or before December 15, 2015.
4. Accounting. Within thirty (30) days of the City's receipt of a written request from Covestro, the City will
provide a written report detailing how the Donated Funds were expended, which use shall be in strict
accordance with this Agreement.
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 performance.
The place of making and the place of performance for all purposes shall be Baytown, Hams County,
Texas. 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. This Agreement shall not bestow any rights upon any third party, but rather, shall
bind and benefit the Covestro and the City only. This Agreement contains the entire agreement between
the Parties relating to the subject matter hereof and is the full and final expression of the agreement
between the Parties. In the event of any ambiguity in any of the terms 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 of the Parties hereby represent that such individuals have
full authority to execute this Agreement and to bind the Party he or she represents.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement in multiple copies, each of
which shall be deemed to be an original, but all of which shall constitute but one and the same agreement, this
day of December, 2015.
COVESTRO LLC CITY OF BAYTOWN, TEXAS
(Signature)
(Printed Name)
(Title)
RICHARD L. DAVIS, City Manager
R:\Karen\Files \Contracts \Covestro Donation Agreement- SponsorshipAgreement — Trailer 12092015.doc