Ordinance No. 5,496900308-8
ORDINANCE NO.5496
AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER
TO EXECUTEANDTHE CITY CLERK TO ATTEST TO AN INTERLOCAL
AGREEMENT WITH THE HOUSTON-GALVESTON AREA COUNCIL
APPOINTING THE HOUSTON-GALVESTON AREA COUNCIL AS THE
CITY'S PURCHASINGAGENT FOR VARIOUS ITEMS TOBE
PURCHASED IN THE 1989-90 BUDGET YEAR 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 approves anInterlocal Agreement with the Houston-
Galveston Area Council appointing the Houston-Galveston Area
Council as the City of Baytown1s Purchasing Agent for various
items tobe purchased in the 1989-90 budget year.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 Managerand City Clerk of the City
of Baytown are authorized and directed to execute and attest to
the agreementwith 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 March,
1990.
1ETT 0.HUTTO,Mayor
ATTEST:
EILEEN P.HALL,CityClerk
feANDALL B.STRONG,-€lty Attorney
C:l:40:5
900308-8a
HOUSTON-GALVESTON AREA COUNCIL
INTERLOCAL AGREEMENT
THIS INTERLOCAL AGREEMENT ("Agreement"),made and entered Into pursuant to theInterlocal
Cooperation Act (Article 4413{32c)V.T.C.S.)by and between the Houston-Galveston Area Council,
hereinafter referred to as H-GAC,having Its principal place of business at 3555 Tiramons Lane,Suite 500,Houston,Texas 77027 and J
hereinafter referred to as the local government naving us principal pi ace or business
*
UITNESSETH:
WHEREAS,H-GAC Isa regional planning commission created under Acts of the59th Legislature,
Regular Session,1965,recodified as Chapter 391 Texas Local Government Code;and
WHEREAS,H-GAC has entered Into an agreement with the local government onthe day
of ,19 and
WHEREAS,the local government desires to purchase certain governmental administrative functions,
goods or services;and
WHEREAS,H-GAC hereby agrees to perform the scope of servicesoutlined In Article 5 as
hereinafter specified 1n accordancewith the Agreement,and
NOW,THEREFORE,H-GAC and the local government do hereby agree as follows:
ARTICLE 1 LEGAL AUTHORITY
The local government warrants and assures H-GAC that 1t possesses adequate legal authority to
enter Into this Agreement.The local government's governing body has authorized the signatoryofficial(s)to enter Into this Agreement and bind the local government to the terms of this
Agreement and any subsequent amendments hereto.
ARTICLE 2 APPLICABLE LAWS
H-GAC andthe local government agree to conduct all activities under this Agreement 1n
accordance with all applicable rules,regulations,ordinances and laws In effect or promulgated
during the termof this Agreement.
ARTICLE 3 WHOLE AGREEMENT
The Inter local Agreement and Attachments,as provided herein,constitute the complete Agreement
between the partieshereto,and supersedes any and all oral and written agreements between thepartiesrelatingtomattersherein.Except as otherwise provided herein,this Agreement cannotbemodifiedwithoutwrittenconsentoftheparties.
ARTICLE 4PERFORMANCE PERIOD
The period of this Inter local Agreement shall befor the (balance of)fiscal year of the local
government which begins ,19 and ends .19 .This contract shall
thereafter automatically oe renewed annually foreach succeeding fiscal year,provided that such
renewal shall not have the effect of extending the period 1n which the local government may makeanypaymentdueH-GAC beyond the fiscal year In which such obligation was Incurred under this
Agreement.
H-GAC or the local government may cancel this Agreement at any time upon 30 days written notice
to the other party to this Agreement.The obligations of the local government,Including ItsobligationtopayH-GAC for all costs Incurred under this Agreement prior to such notice shallsurvivesuchcancellation,as well as any other obligation Incurred under this Agreement,untilperfomedordischargedbythelocalgovernment.
ARTICLE 5 SCOPE OF SERVICES
The local government appoints H-GAC Us true and lawful purchasing agent forthe purchase of
certain materials and services through the Council's Cooperative Purchasing Program,as
enumerated through the submission of a duly executed purchase order,order fora or resolution.
All material purchased hereunder shall be In accordance with specifications established by H-GAC.
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BChw
The materials and services shall be procured In accordance with procedures governing competitivebiddingbyH-GAC;and at the unit prices and administrative fee as Indicated In the current H-GACOrderFormandPriceLists.
Ownership (title)of material purchased shall transfer directly from thevendor to the local
government.The local government agrees to provide H-GAC with documentation of receipt andacceptanceofmaterialwithinfive(5)days of acceptance of same.
ARTICLE 6 PAYMENTS
The local government agrees that,upon the presentationby H-GACof a properly documented,verified proof of performance and a statement of costs H-GAC has Incurred In accordance with thetermsofthisAgreement,1t shall pay H-GAC,from current revenues available to the localgovernmentduringthecurrentfiscalyear,onor before the date of the delivery of materialsandservicestobeprovidedunderthisagreement.
ARTICLE 7 CHANGES AND AMENDMENTS
Any alterations,additions,or deletions to the terms of this Agreement which are required bychangesinFederalandStatelaworregulationsareautomaticallyIncorporatedIntothisAgreementwithoutwrittenamendmenthereto,and shall become effective on the date designated bysuchlaworregulation.
H-GAC may,from time to time,require changes In the scope of the services offered through the
H-GAC Cooperative Purchasing Program to be performed hereunder.
ARTICLE 8 TERMINATION PROCEDURES
Either H-GAC orthe local government may cancel or terminate this Agreement upon thirty (30)
days written notice by certified mail to the other party.In the eventof such termination
prior to completion of any purchase provided for herein,the local government agrees to pay forservicesonaproratedbasisformaterialsandservicesactuallyprovidedandInvoicedInaccordancewiththetermsofthisAgreement,Including penalties,less payment of anycompensationpreviouslypaid.*
ARTICLE 9 SEVERASILITY
All parties agree that should any provision of this Agreement be determined to be Invalid or
unenforceable,such determination shall not effect any other term of this Agreement,which shallcontinueinfullforceandeffect.
ARTICLE 10 FORCE MAJEURE
To the extent that either party to this Agreement shall be wholly or partially prevented from
the performance within the term specified of any obligation or duty placed on such party by
reason of or through strikes,stoppage of labor,riot,fire,flood,acts of war,Insurrection,accident,judgement,act of God,or specific cause reasonably beyond the parties'control and
not attributable to Its neglector nonfeasance,In such event,the time for the performance ofsuchobligationordutyshallbesuspendeduntilsuchdisabilitytoperformIsremoved.
Determination of force majeure shall rest solely with H-GAC.
ARTICLE 11 VENUE
Venue and jurisdiction of any suit,or cause of action arising under or In connection with the
Agreement shall lie exclusively In Harris County,Texas.
This Instrument,in duplicate originals,has been executed by the parties hereto asfollows:
_HOUSTOH-GALVESTOH AREA COUNCIL
Local Government
BY Date
nanager or tooperalive purchasing """~~"^~~
BY Date
Jack steele
Executive Director
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