Ordinance No. 13,432ORDINANCE NO. 13,432
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 RICHARDSON, TEXAS; 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 Richardson, Texas. 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
the City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative
City of Baytown this the 23'd day of March, 2017.
ATTES
L TICIA BRYSCH, City rk
APPROVED AS TO FORM:
NACIO RAMIREZ, SR., Ei Attorney
after its passage by
of the City Council of the
H. DONCARLOS, Mayor
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1lcobfs0111egahKaren\FileslCity Council.Orciinances\2017\February 23 RichardsonCooperativePurchasingAgreement.doc
Exhibit "A"
STATE OF TEXAS §
COUNTY OF DALLAS §
INTERLOCAL COOPERATION AGREEMENT
This Interlocal Cooperation Agreement ("Agreement") is by and between the City
of Richardson, Texas ("Richardson"), and acting by and through
their authorized officers.
RECITALS:
WHEREAS, this Agreement is authorized by Chapter 791 of the Texas
Government Code and Subchapter F, Chapter 271, Texas Local Government Code; and
WHEREAS, Section 271.102 of the TEx. Loc. Gov'T CODE authorizes a local
government to participate in a Cooperative Purchasing Program with another local
government or a local cooperative organization; and
WHEREAS, a local government that purchases goods and services pursuant to a
Cooperative Purchasing Program with another local government satisfies the requirement
of the local government to seek competitive bids for the purchase of the goods and
materials; and
WHEREAS, each party has and will on an annual basis obtain competitive bids
for the purchase of goods and services; and
WHEREAS, the parties desire to enter into a cooperative purchasing program
which will allow each party to purchase under goods and services under each other's
competitively bid contracts pursuant to Subchapter F, Chapter 271 of the TEx. Loc.
GOVT CODE;
NOW THEREFORE, in consideration of the mutual covenants and promises
contained herein, the parties agree as follows:
ARTICLE I
PURPOSE
The purpose of this Agreement is to establish a cooperative purchasing program
between the parties, which will allow each party to purchase goods and services under
each other's competitively bid contracts pursuant to Subchapter F, Chapter 271 of the
TEX. LOC. GOVT CODE.
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ARTICLE II
TERM
The term of this Agreement shall be for a period of one (1) year commencing on
the last date of execution hereof ("Effective Date"). Thereafter this Agreement shall
automatically renew for successive periods of one (l) year each under the terms and
conditions stated herein, unless sooner terminated as provided herein.
ARTICLE III
TERMINATION
Either party may terminate this Agreement by providing thirty (30) days prior
written notice to the other party.
ARTICLE IV
PURCHASING
The City Manager, Superintendent or designee for each party is authorized to act
on behalf of the respective party in all matters relating to this cooperative purchasing
program. Each party shall make payments to the other party or directly to the vendor
under the contract made pursuant to Subchapter F, Chapter 271 of the TEx. Loc. Gov'T
CODE. Each party shall be responsible for the respective vendor's compliance with
provisions relating to the quality of items and terms of delivery.
ARTICLE V
MISCELLANEOUS
5.1 Relationship of Parties: This Agreement is not intended to create, nor should it
be construed as creating, a partnership, association, joint venture or trust.
5.2 Notice: Any notice required or permitted to be delivered hereunder shall be
deemed received when sent in the United States Mail, Postage Prepaid, Certified Mail,
Return Receipt Requested, or by hand -delivery or facsimile transmission addressed to the
respective party at the address set forth below the signature of the party.
5.3 Amendment: This Agreement may be amended by the mutual written agreement
of both parties hereto.
5.4 Severability: In the event any one or more of the provisions contained in this
Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect the other
provisions, and the Agreement shall be construed as if such invalid, illegal, or
unenforceable provision had never been contained in this Agreement.
5.5 Governing Law: The validity of this Agreement and any of its terms and
provisions as well as the rights and duties of the parties, shall be governed by the laws of
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the State of Texas; and venue for any action concerning this Agreement shall be in the
State District Court of Dallas County, Texas.
5.6 Entire Agreement: This Agreement represents the entire agreement among the
parties with respect to the subject matter covered by this Agreement. There is no other
collateral, oral or written agreement between the parties that in any manner relates to the
subject matter of this Agreement.
5.7 Recitals: The recitals to this Agreement are incorporated herein.
5.8 Counterparts: This Agreement may be executed in any number of counterparts,
each of whom shall be deemed an original and constitute one and the same instrument.
EXECUTED this day of , 2016
CITY OF RICHARDSON, TEXAS
DAN JOHNSON, CITY MANAGER
411 W. Arapaho Road
P.O. Box 830309
Richardson, Texas 75083
ATTEST:
CITY ATTORNEY
EXECUTED this day of , 2016.
By:
Name:
Title:
Address:
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