Loading...
Ordinance No. 13,569ORDINANCE NO. 13,569 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 MIDLOTHIAN, TEXAS; 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 the City Manager to execute and the City Clerk to attest to a cooperative purchasing agreement with the City of Midlothian, 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 from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative City of Baytown this the 24h day of August, 2017. H. ATTEST: iaA 'ro • rte. 1NN LETICIA BRYSCH, Ci Jerk ° t% SSI Q 11 CC APPROVED AS TO FORM: °° ACIO RAMIREZ, SRS,ity Attorney the City Council of the 1lcobfsOlUegallKaren\Files,.City CouncihOrdinances\20MAugust 24\MidlothianCooperativePurchasingAgreement.doc Mayor Exhibit "A" STATE OF TEXAS § COUNTIES OF ELLIS § AND HARRIS § INTERLOCAL COOPERATION AGREEMENT This Agreement is by and among the City of Midlothian, Texas ("MIDLOTHIAN") and the City of BAYTOWN, Texas (`BAYTOWN"), (collectively referred to as the "PARTIES") 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, the PARTIES desire to enter into a Cooperative Purchasing program which will allow each party to purchase goods and services from vendors under contracts made by one or more of the PARTIES herein pursuant to Subchapter F, Chapters 271 of the TEx. Loc. Gov'T CODE; and WHEREAS, each party that purchases goods and services pursuant to this AGREEMENT shall pay for such goods and services from current revenues available to such PAY; NOW THEREFORE, in consideration of the mutual covenants and promises contained herein, the PARTIES agree as follows: ARTICLE I PURPOSES 1. The purpose of this AGREEMENT is to establish a Cooperative Purchasing Program among the PARTIES which will allow each party to individually purchase goods and services from vendors under a contract made pursuant to this AGREEMENT. The purpose of this AGREEMENT is to allow individual parties to purchase goods and services from current bids and/or contracts established by any party to this AGREEMENT. All bids and/or contracts established by any party to this AGREEMENT shall be awarded in compliance with the INTERLOCAL COOPERATION AGREEMENT - Page 1 ss24807 procedure and requirements for competitive bidding and proposals in Chapter 252, Texas Local Government Code, ARTICLE H WITHDRAWAL OF PARTY 2. Any party may withdraw and terminate its participation under this AGREEMENT by providing thirty (30) days prior written notice to each of the other PARTIES. In the event of withdrawal of a party, this AGREEMENT shall continue in full force and effect so long as there are at least two or more parties to this AGREEMENT. ARTICLE III ADDITIONAL PARTIES 3. Additional units of local government including counties, municipalities, special districts, school districts, junior colleges, regional planning commissions or other political subdivisions of the State may become a party to this AGREEMENT and thereby participate in the Cooperative Purchasing Program established herein by an appropriate amendment to this AGREEMENT approved by the governing body of each of the PARTIES. parties. ARTICLE IV TERMINATION 4. This AGREEMENT may be terminated with the mutual written consent of all ARTICLE V PURCHASING COMMITTEE 5. There is hereby established a Purchasing Committee (the "COMMITTEE") consisting of the person responsible for the purchasing function for each party or other person designated by each party to act under the direction of, and on behalf of, that party in all matters relating to the Cooperative Purchasing Program established herein. The COMMITTEE may adopt rules and procedures for the conduct of its business in the furtherance of the Cooperative Purchasing Program. 6. The COMMITTEE on an annual or other basis as determined by the COMMITTEE from time to time shall determine the goods or services that are subject to the Cooperative Purchasing Program established herein. 7. The COMMITTEE shall develop terms and conditions to be incorporated in the advertisement for competitive bids and for contracts awarded pursuant to this Cooperative Purchasing Program including but not limited to the following: INTERLOCAL COOPERATION AGREEMENT - Page 2 SS24807 a. Each party to this AGREEMENT shall be entitled to individually purchase goods or services directly from the vendor by making payments directly to the vendor; b. Each party shall be entitled to individually order or request the goods and services separately and be separately invoiced by the vendor; C. Each party that purchases goods or services from a vendor shall be liable only for the goods or services ordered and received by such party; d. The purchase of goods or services from a vendor pursuant to a contract awarded under the Cooperative Purchasing Program does not create any joint or concurrent liability for any party that does not purchase such goods or services; and e. Any dispute or claim arising between or among the vendor and any party hereto which purchases goods or services from such vendor shall be the sole responsibility of and be resolved by that individual party and the vendor. 8. No party hereto shall be responsible for a vendor's compliance with the provisions relating to the quality of items and terms of delivery, such being the sole responsibility of the party (or parties) purchasing goods or services directly from a vendor awarded a contract pursuant to this Cooperative Purchasing Program. 9. Nothing in this AGREEMENT shall prevent any party from advertising for and awarding contracts for goods or services separate and apart from this Cooperative Purchasing Agreement, nor shall any party be obligated to purchase goods or services from a contract awarded pursuant to this AGREEMENT. 10. Each party shall through their designated representative cooperate to provide a program for the purchase of goods and services commonly utilized by the PARTIES, and under such program may purchase goods or services from vendors under present and future contracts with any party hereto. 11. Each party will enter into individual contracts with the vendors under the Cooperative Purchasing Program provided under this AGREEMENT. Each party shall be individually responsible for payment directly to the vendor and for the vendor's compliance with all conditions of delivery and quality of purchased items under such individual contracts. INTERLOCAL COOPERATION AGREEMENT - Page 3 ss24807 ARTICLE VI RELEASE AND INDEMNIFICATION 12. Each party hereto waives all claims against, releases the other PARTIES, their officials, officers, agents and employees in both their public and private capacities, from any and all liability, claims, suits, demands, losses, damages, attorney's fees (including all expenses of litigation or settlement), or causes of action of any kind which may arise by reason of an injury to or death of any person or for a loss of, damage to, or loss of use of any property arising out of or in any way related to this AGREEMENT and/or the Cooperative Purchasing Program, including any acts or omissions of the PARTIES' respective officials, officers, agents or employees, relating to or arising out of the performance of this AGREEMENT. 13. It is expressly understood and agreed that, in the execution of this AGREEMENT, no party waives nor shall be deemed hereby to waive any immunity or defense that would otherwise be available to or against claims arising in the exercise of governmental functions relating hereto or otherwise. By entering into this AGREEMENT, the PARTIES do not create any obligations, expressed or implied, other than those set forth herein, and this AGREEMENT should not create any rights in any parties not signatory hereto. ARTICLE VII MISCELLANEOUS 14. Relationship of Parties: This AGREEMENT is not intended to create, nor should it be construed as creating, a partnership, association, joint venture or trust. 15. 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 opposite the signature of the party. 16. 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. 17. 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 the State of Texas; and venue for any action concerning this AGREEMENT shall be in the State District Court of Ellis County, Texas.1 18. 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. 1 Note. INTERLOCAL COOPERATION AGREEMENT - Page 4 ss24807 19. Recitals: The recitals to this AGREEMENT are incorporated herein. 20. Counterparts: This AGREEMENT may be executed in any number of counterparts, each of which shall be deemed an original and constitute one and the same instrument, EXECUTED this o961day of l(1 2017. ATTEST: ITY SEC TARY CIVIF OF It • z INTERLOCAL COOPERATION AGREEMENT - Page 5 5524807 EXECUTED this day of 52017. ATTEST: : CITY CLERK CITY OF BAYTOWN, TEXAS In MAYOR INTERLOCAL COOPERATION AGREEMENT - Page 6 ss24807