Ordinance No. 6,829931014 -12
ORDINANCE NO. 6829
• AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO
EXECUTE AND THE CITY CLERK TO ATTEST TO AN INTERLOCAL
AGREEMENT WITH LEE COLLEGE; 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 and directs the Mayor and City Clerk of
the City of Baytown to execute and attest to an Interlocal
Agreement with Lee College. A copy of said agreement is attached
hereto, marked Exhibit "A," and made a part hereof for all intents
and purposes.
Section 2:
from and after
Baytown.
INTRODUCED,
City Council
October, 1993.
This ordinance shall take effect immediately
its passage by the City Council of the City of
READ and PASSED by the affirmative vote of the
of the City of Baytown, this the 14th day of
/�e'rey±
PETE C. AL 0, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
e-IIWACIO IREZ, ., City Attorney
ktuc*=d/10-14 -9 kMMLinWdwd
STATE OF TEXAS S
•
S INTERLOCAL'PURCHASE AGREEMENT
COUNTY OF HARRIS S
THIS INTERLOCAL PURCHASE AGREEMENT ( "Agreement "), made and
entered into pursuant to the Interlocal Cooperation Act,
TEX.RIV.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
Lee College, hereinafter referred to as the "Purchasing
Government," having its principal place of business at 511 S.
Whiting, Baytown, Texas 77520.
W I T N E S S E T H:
WHEREAS, the Purchasing Government desires to purchase certain
governmental administrative functions, goods 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;
NOW THEREFORE, Baytown and the Purchasing Government do hereby
agree as follows:
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 officials) 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.
EXHIBIT A
• IV
performance Period
0
The period of this Interlocal Agreement shall be for the
balance of fiscal year of the Purchasing Government which begins
and ends
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
ScoRe 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 materials 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
Payments
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.
2
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
herein, such termination shall not preclude Purchasing 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 Maieure
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
, 1993.
By ,vac. 'C eJLAf
PETE C. AL FARO, Mayor
0