Ordinance No. 4,61970108 -4
ORDINANCE NO. 4619
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER
TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERLOCAL
® AGREEMENT WITH THE HOUSTON- GALVESTON AREA COUNCIL
APPOINTING THE HOUSTON - GALVESTON AREA COUNCIL AS THE
CITY'S PURCHASING AGENT FOR ONE -HALF TON PICKUP TRUCKS
AND PROVIDING FOR THE EFFECTIVE DATE HEREOF.
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 approves an Interlocal Agreement with the Houston -
Galveston Area Council appointing the Houston - Galveston Area
Council as the City of Baytown's Purchasing Agent for certain
one -half ton pickup trucks. A copy of said agreement is attached
hereto, marked Exhibit "A," and made a part hereof for all
intents and purposes.
Section 2: That the City Manager and City Clerk of the City
of Baytown are authorized and directed to execute and attest to
the agreement with the Houston - Galveston Area Council for the
above mentioned
service.
Section 3:
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
vote of the
City Council of
the City of Baytown,
this
the 8th day
of January,
1987.
ETT
O. HUTTO, Mayor
ATTEST:
vP
EILEEN P. HALL,
City Clerk
NDALL B. STRONG,
City rney
c :1 :12:5
Cl
n
INTERLOCAL AGREEMENT
STATE OF TEXAS ( )
COUNTY OF ( )
70108 -4a
® THIS INTERLOCAL AGREEMENT ( "Agreement "), made and entered into pursuant
to the Interlocal Cooperation Act (Article 4413(32c)V.T.C.S.) by and between
City of B WD Texas, hereinafter called the "City ", and
-
the Houston a veston Area Council', a council of governments of the State of
Texas, thereinafter called the "Council."
WITNESSETH
The City of Baytown constitutes and appoints the
Houston - Galveston Area Council . its true and ul purchasing agent for the
purchase of certain vehicle(s) through the Council's Cooperative Purchasing
Program. Said vehicle(s) will be specified by the City to the Council through
submission of purchase orders duly signed by an appropriate City official. The
City agrees that the Council shall be the exclusive purchasing agent for the
veh•icle(s), and agrees that the bidding shall be conducted by the Council
according to the regulations contained in Section IV of the Council's Financial
and Accounting Procedures Policy Handbook.
WHEREAS. the City desires to purchase certain vehicle(s) and
WHEREAS, the Council is willing to procure the vehicle(s) for the City.
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS:
THAT in consideration of the mutual covenants, agreements, and benefits
to both parties, it is hereby agreed as follows:
® I. Within 90 days after the date of execution hereof, the Council will
procure the vehicle(s) described in the order form for vehicle(s)
(Exhibit "A ") attached hereto. The vehicle(s) shall be procured in
accordance with the regulations governing competitive bidding proce-
dures of the Council; the terms hereof; and the quantities, qualities,
and at the unit prices and administrative surcharge as indicated on
Exhibit "A ".
II. All of the vehicle(s) purchased hereunder shall be of new manufacture
and undamaged and shall meet the specifications as determined by Coun-
cil staff in response to requests from the City. The vehicle(s) shall
carry the manufacturer's full warranty to the City. Provided, however,
that it is understood and agreed that the Council has acted only as an
agent for the City in its purchase and make no warranty, either implied
or expressed, regarding the fitness or merchantability of the vehi-
cle(s).
III. The City, by execution of this agreement, agrees to furnish to the
Council, on or before receipt of the vehicle(s), a cash amount in full
payment of the stated order as specified in Exhibit "A ".
IV. The City agrees to present an authorized representative at the appro-
priate contracted vendor(s) for the respective ordered vehicle(s), 'for
the express purpose of "check out" and acceptance of the vehicle(s)
within five (5) days after notification that said vehicle(s) are ready
for delivery. Further, the City shall verify acceptance of the vehi-
cles) in writing to the Council within five (5) days after acceptance
of same.
V. The City agrees that Manufacturer's Statement of Origin (title) will be
endorsed by the vendor directly to the City at the time of receipt and
acceptance of the vehicle(s). Further the City accepts responsibility
for vehicle registration and transfer.
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70108 -4b
This agreement, (inclusive of the attached Exhibit "A ") constitutes the entire
agreement between the parties hereto relating to the rights herein granted and
the obligations herein assumed.
The later date of execution by the City Manager of the City, or the
(Mayor, ,ty anager
Executive Director of the Council hereinbelow shall constitute the date of
execution hereof.
IN WITNESS HEREOF this instrument, in duplicate originals, has been executed by
the parties hereto as follows:
a. It has on the day of , 1986 -87, been executed by the
City Manager of t ecity, — onbehalf of the City, pursuant to
ayor, City manager
an ordinance of the City (attached
(ordinance, resolution or purchase or er
hereto) so authorizing.
b. It has on the day of 1986 -87, been executed by the
Executive Dire—M of the Counc, on a alf of the Council pursuant to
an order of the Board of Directors of the Council so authorizing.
CITY OF BAYTO4'N HOUSTON- GALVESTON AREA COUNCIL.
BY BY
WAWXM City Manager) ,
FRITZ LANHAM, CITY MANAGER
E