Ordinance No. 5,890OK1136W.,
Mi. MUMMA P011MINS
AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERLOCAL
AGREEMENT WITH THE CITY OF LAPORT'E FOR VARIOUS
PURCHASES; 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 an Interlocal Agreement with the City of
LaPorte for various, purchases and authorizes the Mayor and the
City Clerk of the City of Baytown to execute and attest to said
agreement. A copy of said agreement is attached hereto, marked
Exhibit "A," and made a part hereof 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 vote of the
City Council of the City of Baytown, this the 13th day of June,
1990. 1
A
ATTEST:
Ell"PI-0111 -P. "HALL, City Clerk
CI-GINACIO RAMIREZiSli., City Attorney
C':1:66:14
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THE STATE OF TEXAS §
§ INTERLOCAL PURCHASE AGREEMENT
COUNTY OF HARRIS §
THIS INTERLOCAL PURCHASE AGREEMENT ( "Agreement "), made and
entered into pursuant to the Interlocal Cooperation Act,
TEX.REV.CIV.STAT.ANN. art. 4413(32c), by and between the City of
Baytown, a municipal corporation located in Harris County and
Chambers County, Texas, hereinafter referred to as "Baytown," and
the City of LaPorte hereinafter referred to as the purchasing
government having its principal place of business at P.O. Box
1115, LaPorte, Texas 77571.
W I T N E S S E T H:
WHEREAS, the purchasing government desires to purchase
certain governmental administrative functions, good or services
which Baytown is currently purchasing for itself; and
WHEREAS, Baytown hereby agrees to perform the scope of
services outlined in Article 5 as hereinafter specified in
accordance with the Agreement; and
NOW THEREFORE, Baytown and the purchasing government do
hereby agree as follows:
Leaal Authorit
The purchasing government warrants and assures Baytown that
it possesses adequate legal authority to enter into this
Agreement. The purchasing government's governing body has
authorized the signatory official(s) to enter into this Agreement
and bind the purchasing government to the terms of this Agreement
and any subsequent amendments hereto.
II
Applicable Laws
Baytown and the purchasing government agree to conduct all
activities under this Agreement in accordance with all applicable
rules, regulations, ordinances and laws in effect or promulgated
during the term of this Agreement.
III
Whole Agreement
The Interlocal Agreement and attachments, as provided
herein, constitute the complete Agreement between the parties
hereto, and supersedes any and all oral and written agreements
between the parties relating to matters herein. Except as
otherwise provided herein, this Agreement cannot be modified
without written consent of the parties.
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• IV
Performance Period
The period of this Interlocal Agreement shall be for the
balance of fiscal year of the purchasing government which begins
June 13, 1991 and ends September 30, 1991. This contract shall
thereafter automatically be renewed annually for each succeeding
fiscal year.
Baytown or the purchasing government may cancel this
Agreement at any time upon thirty (30) days written notice to the
other party to this Agreement. The obligations of the purchasing
government shall survive such cancellation, as well as any other
obligation incurred under this Agreement, until performed or
discharged by the purchasing government.
V
Scope of services
The purchasing government appoints Baytown its true and
lawful purchasing agent for the bidding of certain materials and
services, as enumerated through the submission of a duly executed
purchase order, order form or resolution. All material purchased
hereunder shall be in accordance with specifications established
by Baytown.
The materials and services shall be procured in accordance
with procedures governing competitive bidding by Baytown.
Baytown shall add purchasing government's name, quantity
requested, and delivery address to its bid documents. Purchasing
government will order directly from the vendor awarded the bid.
Ownership (title) of material purchased shall transfer directly
from the vendor to the purchasing government.
VI
Pay-ments
The purchasing government shall make its purchases of the
bid materials and service directly from vendor, and shall pay
vendor for all purchases it makes. Baytown does not assume any
responsibility or liability to pay for materials or services
included in the bid for the benefit of the purchasing government.
VII
Changes and Amendments
Any alterations, additions, or deletions to the terms of
this Agreement which are required by changes in Federal and State
law or regulations are automatically incorporated into this
Agreement without written amendment hereto, and shall become
effective on the date designated by such law or regulation.
VIII
Termination Procedures
Either Baytown or the purchasing government may cancel or
terminate this Agreement upon thirty (30) days written notice by
certified mail to the other party. In the event of such
termination prior to completion of any purchase provided for
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• herein, such termination shall not preclude purchasing government
from completing its purchases from the vendors selected by bid
under this agreement.
IX
Severability
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 shall continue in full force and effect.
X
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, judgment, act of God,
or specific cause reasonably beyond the party's control and not
attributable to its neglect or nonfeasance, in such event, the
time for the performance of such obligation or duty shall be
suspended until such disability to perform is removed.
Determination of force majeure shall rest solely with Baytown.
XI
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 SIGNED, in duplicate, this the day
of , 1991.
ATTEST:
EILEEN P. HALL, City Clerk
ATTEST:
5:5:26:8
CITY OF BAYTOWN
By
By
3
EMMETT O. HUTTO, Mayor