Ordinance No. 3,44120812 -10
ORDINANCE NO. 3441
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT
WITH HARRIS COUNTY FOR THE PURCHASE OF INSECTICIDE
FOR MOSQUITO CONTROL AND PROVIDING FOR THE EFFEC-
TIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section: That the City Council of the City of Baytown,
Texas, hereby approves a contract with Harris County for the
purchase of insecticide for mosquito control. A copy of said
contract is attached hereto, marked Exhibit "A ", and made a part
hereof for all intents and purposes.
Section 2: That the Mayor and City Clerk of the City of
Baytown are authorized and directed to execute and attest to the
contract with Harris County for said insecticide for mosquito
control.
Section 3: That this ordinance shall take effect from and
after its passage.
INTRODUCED, READ and PASSED by the affirmative vote of the
City Council of the City of Baytown, this the 12th
day of August , 1982.
-9-M O. H TTO, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED:
NDALL B. S RONG, City Att ney
LS: ca (sw -3 ) 7 --2 -82 #16 7V�812 -10a
COMMISSIONERS COURT DEPT.
INSECTICIDE AGREEMENT
THE STATE OF TEXAS
COUNTY OF HARRIS §
THIS AGREEMENT, made and entered into by and between
HARRIS COUNTY, a body corporate and politic under the laws of
the State of Texas, hereinafter sometimes referred to as the
"County," and the CITY OF BAYTOWN, a municipal corporation
under the laws of the State of Texas, hereinafter sometimes
referred to as the "City,"
W I T N E S S E T H
WHEREAS, the County, by and through its Mosquito Control
District, purchases the hereinafter described insecticide in bulk
quantities at relatively low prices; and
WHEREAS, the City has been purchasing insecticide in small
quantities at relatively high prices; and
WHEREAS, the City desires to enter into an areement to ob-
tain, from time to time, the hereinafter described insecticide from
the County, in anticipation of a substantial savings; and
WHEREAS, the County is willing to enter into an agree-
ment to furnish the hereinafter described insecticide to the City;
NOW THEREFORE, in consideration of the mutual covenants,
agreements and benefits to the parties herein named, it is agreed
as follows:
I
The insecticide the subject of this Agreement is Mala-
thion ULV Concentrate, herein sometimes referred to as the "in-
secticide," the same being described in greater detail in Exhibit
A attached hereto and made a part hereof. The parties intend the
aforementioned description to be for pL+rposes of identification
only and not to be made part of the basis of the bargain nor shall
20812 -10b
said description amount to an express warranty that the insecti-
cide will conform thereto.
II
(a) Deliveries of insecticide hereunder may be made
only on weekdays, Monday through Friday, between the hours of
8:00 A.M. and 4:30 P.M. at the County's Mosquito Control District
facility, hereinafter sometimes referred to as the "facility,"
located at 6104 Dixie Drive, Harris County, Texas.
(b) For each purchase of insecticide hereunder, the City
shall deliver to the Mosquito Control District of the County, at
the facility, a purchase order on a form approved by the County
Auditor. Each purchase order shall be numbered, dated, signed
by the Mayor of the City, shall state the quantity (in gallons)
purchased and shall identify the insecticide purchased.
(c) The County shall give the City an opportunity to
inspect, or refuse to inspect, the insecticide before receipt into
containers furnished by the City.
(d) The County shall deliver the insecticide, in the
quantity requested, to the City into containers furnished by the
City. Such delivery shall take place at the facility and there-
upon title to the insecticide, together with risk of loss thereof,
shall pass to the City. The City understands and agrees that once
insecticide is delivered into containers furnished by the City,
such sale is final, such insecticide shall be considered delivered
and purchased by the City, and the County shall not, under any
circumstances, be obligated to accept return of such insecticide.
(e) Upon delivery of insecticide as aforesaid, the City
shall receipt for the same on a form approved by the County Auditor.
Said receipt shall state the purchase order number, the date the
insecticide was received, the date of the purchase order, the
quantity (in gallons) of insecticide received, the license plate
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20812 -10c
number of the vehicle which the insecticide was delivered
into for transportation from the facility, identify the insec-
ticide received, and state in bold letters above the signature
line "RECEIVED IN GOOD ORDER AND CONDITION," and such receipt
shall be signed by the representative of the City receiving
the insecticide.
ITI
(a) For purchases of insecticide hereunder, the City
agrees to pay to the County the County's cost plus twenty per-
cent (20 %) for storage, handling and administrative overhead in
accordance with the terms of this Agreement.
(b) On or about the tenth day of the calendar month
next following each calendar month in which deliveries of in-
secticide were made hereunder, the County shall invoice the City
for insecticide received. Such invoice shall be dated and num-
bered and shall state the month and year the invoice covers, the
unit cost of such insecticide to the County, the name and address
of the County's insecticide supplier, the unit agreed price to be
paid by the City, the total quantity of insecticide received by
the City for the County during such month, and the total price to
be paid by the City for such month. Such invoice shall be sup-
ported by copies of purchase orders and receipts for insecticide
delivered during the month covered by the invoice. Such invoice
shall be delivered to the City by placing the same in the United
States Mail, postage prepaid, addressed to City of Baytown, P. O.
Box 424, Baytown, Texas 77520, Attention City Manager.
(c) The City shall pay each such invoice within forty -
five (45) days after delivery thereof to the City.
IV
The City hereby agrees to purchase from the County a
minimum amount of insecticide hereunder totaling 55 gallons
-3-
20$12 -10d
during the term of this Agreement. The maximum total amount of
insecticide the County shall be obligated hereunder to sell to
the City shall be 715 gallons.
V
The County is selling the insecticide on an "as is"
basis and disclaims any implied warranties with respect to such
insecticide.
VI
The City may neither assign its rights nor delegate
performance of its duties hereunder without the prior written
consent of the County.
VII
The term of this Agreement shall be for twelve calen-
dar months beginning on the 1st day of January, 1982, and ending
on the last day of December, 1982, unless terminated earlier in
accordance with the provisions hereof.
VIII
Either party hereto may terminate the term of this Agree-
ment by giving written notice of termination to the other party
at least thirty (30) days prior to the termination thereof. Such
termination shall be without prejudice to the right of the County
to recover payment for all insecticide purchased prior to such
termination. Such notice of termination may be given by the County
by registered or certified United States Mail, postage prepaid,
return receipt requested, addressed to the City of Baytown, P. 0.
Box 424, Baytown, Texas 77520, Attention: City Manager. Such no-
tice of termination may be given by the City by registered or
certified United States Mail, postage prepaid, return receipt
requested, addressed to Harris County Commissioners Court, 1001
Preston, Suite 941, Houston, Texas 77002.
-4-
20812 -10e
In the event the City fails or refuses to make timely
payment hereunder, the County shall have the right to refuse to
make any further deliveries hereunder.
EXECUTED in duplicate originals, this the
of 1982.
APPROVED AS TO FORM:
LAVERG n S WENDER
Assist t C unty Attorney
ATTEST:
City Secretary
(SEAL)
APPROVED:
Zoo.; er-14�eoz --
ROBERT E. BARTNCTT
Mosquito Control Director
HARRIS COUNTY
By
JYIN LINDSAY, County J dge
CITY OF BAYTOWN
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Active Ingredient: TraC- rssylcosA nCranarri.dGcn.�.;
Malathion" ...... :. :...... : ......................... 91.0%
Inert Ingredients,..,... y1.f�. t :... _ ..:.. _ .. .:........ , .. 9.0:'0
"O.0- dimethyl phosahosadithiaale of diethyl ntercaptos.uccinale =
ITgalllo tV, to wg.31 pounds of rnaslatRion ).
^r=° - CAUT;0 KEEP OUT OF REACH OF CHILDREN..:
.r ;' - .Harmfful by. Swallowing, inhalation or gloat contact..:.. ::�ri. :. •. r ^ ~. ;_:
Avoid Breaching Spray = `1st •Avoid Contact l�lilh Skin
- Wash Thoroughly After Hanofrng - Change Contaminated Clothin Ji
Do Not Contaminate Food Or Feed Producls
PRECAUCION d%
AL USUARIO: Si usted -no lee inalss, no use este producto pasta qua la etiquet'a le haya silo explicactrampuarnantG .'
• :''- (TO THE USER: If you cannot read English, do not use this product until the label has been fully exrlained to you) .
•+ lit C.:SE Cr 1111 EhQP.55MCT ENDANG18141G LIFE Oil PEOPERTY INVOLVIMC TATS PRODUCT. CALL COLLECT, i'AY OR RIGHT, Afiia; MDE 2Dl-E35.3100,
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Before using, read the directions eor•.tained in this leaflet for the - IMPORTANT NOTICE .
proper ratthodsr and procedures which must be followed to achieve TO os APPLIED ONLY BY Tfil4tf�'i:G PER50NA L OF PLti
elfective insect control and avoid permanent dannq* to automobile me IN i ORSAN:ZATJONS, MOSOLIITO A°ATEMENT DIST"R CTS
and other print finishes. PEST COyTROi OPERATORS.
- DIRECTIONS FOR USE
For control of adult raasquitoes with thermal aerosols or fops, s
CYTHION or MALATHION ULV at the rase of 6-8 oz. actual, gi
(3S -52 pallons CYTHION or MALATHION ULV in 100 ga;lc•'la tini;
solution") by ground equipment delivaring 40 gallons per hour
vehicle speed of 5 miles per hoar to treat a swath width of 3M
feel.
"There is a great variation in the chemical composition ai fuel
which nay -be used xs thermal tog solvents. These differe
may cruse sludge and;or effect the seitbilitY of the CYTHID
' DISCLAIMER
The label instructions for the use of this product reflect the opinion
W experts based on field use and tests. The directions are believed
to be reliable and should be followed carefully. However, It Is tm-
possiblt to eliminate all risks inherently associated with use of this
product. Crop injury, automobile paint damage, Inetlretiveness or
other unintended consequences may rlsult because 01 such factors
as weather conditions, presence of other materials, or the manner
of vse or application all of which are beyond the control of American
Cyanamid Company. All such risks shelf be assumed by the user.
American Cyanamid Company warrants only that the material con-
tained herein conforms to the chemical description on the label and
is reasonably fit for the use therein described when used in accord -
once with the directions for use, subject to the risks referred to above.
Any damages arlsing from a breach a! this ►varrenty shall be limited
to direct damages and shall not include consequenliat commercial
damages such as loss of profits or vMtues or arty other special or
indirect damagVS. .
American Cyanamid Company makes no other express or implied
warranty including any other express or implied warranty of FITNESS
or o: MERCHANTABILITY.
DIRECTIONS FOR USE
CYTHION or MALATHION ULV may be used for the preparation of
mala :hion insecticides. Belore using for this purpose, manufacturers
r should consult American Cyanamid Company for manufacturing and
sate handling instructions.
The We or this product Coss not include a license under arty patent
owned by the American Cyanamid Company.
f to3qu;lo Contra) with Thermal Avrosols or Fels
A pplied by Ground Fquiperinl
t'E•CCOV 4 /77
• MALATHION ULV. For more, complete details on tests for sl
formation and solubility in thermal tog solutions, write Arne
Cyanamid Company. P.O. Box 40D. Princeton, New .fsrae r C
AGRICULTURAL USES
Directions For Use
For Ultra Low Volume AppUcalions
Do not use this product for any uses other than those
specified in this leaflet.
ICYTHICIN or l.1ALATHION ULV is used undlo uttd in specially deal
aircraft or gro%md oQuipment capable at applying ultra' low Vc1
tot control of the insects indicated. Aerial applications are
eff_clive when made at it boom height of 5 loot and It swath wit
50 feet. Do not make application when winds exceed S mph.
Mist blowers and boom sprayers utilizing a controlled ale fle
facilitate particle site and spray deposition ntay be used at a w
speed of 4 so 10 mph_
Mist blowers with a pump eapat4a, of producing up -to 40 ps
blowtr speeds at 2500 rpm am salts ;aczn. Use 'tilt tan no
8001 to 5032, placed 30• into air blast or totary atomtxen Int
air bias: that produce an efficient :pros earGcle with a mass in
'diameter of 40 to 100 microns. Swath waC:hs should not exert
feel, and application should not ere made when winds exceed 5
Boom sprayers with a filtered rotary air compressor, either P'
gas engine driven or an air pump capable o: producing at It.
psi are satisfactory. Use .air pressure on cbtnricsl tanks at
accurate metering valve to assure a calibrated flow of the pest
Air should be regulated %vith rebel valve and gauge for prep
and liquid mixture. Pneumatic -type ppr3v not :its, as succast
egwrrrnt r anulaeiurer, should be used toy spray parlide"
mass rre'dian diameter of 30 to 100 microns. Applications Shaul
be r•tade when winds sacred 5 mph.
Rept -30 tpplicatjvnss should be, made as r Kessary uniest+ othi
spocllied_
20812 -10g
ORDER AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN HARRIS COUNTY
AND THE CITY OF BFYTO14N
THE STATE OF TEXAS
COUNTY OF HARRIS
On this the / day of —c1c -� , 1982, the
Commissioners Court of Harris County, sitting as the governing
body of Harris County, Texas, being convened at a regular Meeting
9
of the Court, upon motion of Commissioner l
seconded by Commissioner "e z duly put and
carried,
IT IS ORDERED that Jon Lindsay, County Judge of Harris
County, be, and he is hereby, authorized to execute an Agreement
between Harris County and the City of Baytown , providing for the
furnishing of insecticide as set forth in said Agreement for the
twelve month period beginning January 1, 1982, which said Agreement
is hereby referred to and made a part hereof for all purposes as
though set forth word for word herein.
Pr�Se�,ted 000
S
G00 M1S5, IN-1 5 1�.
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