Ordinance No. 14,317ORDINANCE NO. 14,317
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE
CITY CLERK TO ATTEST TO A COOPERATIVE PURCHASING
AGREEMENT WITH THE CITY OF BUDA; 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
the City Manager to execute and the City Clerk to attest to a cooperative purchasing agreement
with the City of Buda. A copy of said agreement is attached hereto as Exhibit "A," and
incorporated herein 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 23`d day of January, 2020.
BRANDON CAPETILLO, A4ayor
ATTES
LE ICIA BRYSCH, City erk
APPROVED AS TO FORM:
4A*C*1!05!iRAMIREZ,*
, City Attorney
�e
a�
Oo°
0 e
o
%ease°pO��
eLL
o
a0
'•COBFS01 %Legal Karen.Files.City Council Ordinances\2020Uanuary 23 BudaCooperativeProcurementAgreement.doc
Exhibit "A"
COOPERATIVE PURCHASING AGREEMENT
STATE OF TEXAS §
COUNTY OF HARRIS §
This Cooperative Purchasing Agreement ("Agreement") is made and entered into as of
the date written below between the City of Buda ("Buda") and the City of Baytown
("Baytown").
WHEREAS, both Buda and Baytown have each determined a need for a cooperative
agreement to purchase like goods and services to avoid duplicate procurement efforts and obtain
the benefits of volume purchasing; and
WHEREAS, Buda and Baytown are authorized by Section 271.102 of the Local
Government Code to pursue mutually beneficial and cooperative purchasing programs;
NOW, THEREFORE, for and in consideration of the mutual obligations and benefits
contained herein, Buda and Baytown agree as follows:
Section 1. The purpose of this Agreement is to provide Buda and Baytown with
additional purchasing options by satisfying the provisions of Section 271.102 of the Local
Government Code.
Section 2. The parties agree that each of the parties shall respectively designate a
person to act under the direction of, and on behalf of, the designating party (the "Designated
Representative").
Section 3. At the request of the other party, a party that enters into a contract with a
vendor for goods or services (the "First Purchasing Party") shall attempt to obtain the vendor's
agreement to offer those goods and services to the other party (the "Second Purchasing Party")
for the same price and on the same terms and conditions as have been offered to the First
Purchasing Party. If the vendor so agrees, and if the Second Purchasing Party is agreeable to
such terms and conditions, the Second Purchasing Party may enter into its own separate contract
with the vendor for the purchase of such goods or services.
Section 4. Unless otherwise agreed between the Designated Representatives,
payments for a purchase made by the Second Purchasing Party shall be paid directly to the
vendor and not to the First Purchasing Party. The Second Purchasing Party shall have the
responsibility of determining whether the vendor has complied with any provisions in its contract
with the vendor, including, but not limited to, those relating to the quality of items and terms of
delivery, and shall be responsible for enforcement of its contract against the vendor, including all
cost of enforcement.
Section 5. Neither Buda nor Baytown shall assume any responsibility or liability to pay
for materials purchased or services performed for the benefit of the other party. All payments
Cooperative Purchasing Agreement, Page 1
required to be made pursuant to any contract entered into with a vendor pursuant to this
Agreement shall be made from current, available revenues. In obtaining services of a vendor
under this Agreement each party acknowledges that it has or will rely solely on its own
inspections, investigations, research, and due diligence regarding the materials or services
desired and not on any representations or warranties of the other party hereto.
Section 6. This Agreement will be subject to all applicable federal, state and local
laws, ordinances, rules and regulations.
Section 7. This Agreement may be terminated by either party, without cause or
penalty, upon not less than thirty (30) days' written notice to the other party.
Section 8. The parties acknowledge that each party and, if it so chooses, its counsel
have reviewed and revised this Agreement and that the normal rule of construction to the effect
that any ambiguities are to be resolved against the drafting party must not be employed in the
interpretation of this Agreement or any amendments or exhibits hereto.
Section 9. If any action, whether real or asserted, at law or in equity, arises on the
basis of any provision of this Agreement, venue for such action shall lie in state courts located in
Harris County, Texas, or the United States District Court for the Southern District of Texas
Houston Division. This Agreement shall be construed in accordance with the laws of the State
of Texas.
Section 10. If any term or provision of this Agreement is held to be illegal, invalid or
unenforceable, the legality, validity or enforceability of the remaining terms or provisions of this
Agreement shall not be affected thereby, and in lieu of each such illegal, invalid or
unenforceable term or provision, the parties shall endeavor to agree to a legal, valid or
enforceable term or provision as similar as possible to the term or provision declared illegal,
invalid or unenforceable.
Section 11. Execution of this Agreement does not obligate Buda or Baytown to make
any purchase, to pay any membership fee or to otherwise or in any manner incur any cost or
obligation.
Section 12. This Agreement may be executed in multiple counterparts, each of which
shall be deemed an original, and all of which shall constitute but one and the same instrument.
Section 13. The undersigned officers and/or agents are properly authorized to execute
this Agreement on behalf of the parties hereto and each party hereby certifies to the other that
any necessary actions extending such authority have been duly passed and are now in full force
and effect.
Section 14. All notices, requests, demands, and other communications which are
required or permitted to be given under this Agreement shall be in writing and shall be deemed
to have been duly given upon the delivery or receipt thereof, as the case may be, if delivered
personally or sent by registered or certified mail, return receipt requested, postage prepaid, to the
respective city representative set out below, or his. her designee.
Cooperative Purchasing_ Agreement, Page 2
EXECUTED this day of , 2019.
CITY OF BUDA
405 E. Loop Street, Building 100
Buda, TX 78610
By:
KENNETH WILLIAMS, City Manager
ATTEST:
ALICIA RAMIREZ, City Clerk
APPROVED AS TO FORM:
GEORGE HYDE, City Attorney
Date
CITY OF BAYTOWN
2401 Market Street
Baytown, TX 77520
RICHARD L. DAVIS, City Manager
ATTEST:
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
Date
cobfs0I legal KarenTileKontracts•Eity of Buda Cooperative Purchasing.COOPERATIVE PURCHASING AGREEMENT.doc
Cooperative Purchasing Agreement, Page 3
COOPERATIVE PURCHASING AGREEMENT
STATE OF TEXAS §
COUNTY OF HAMS §
This Cooperative Purchasing Agreement ("Agreement") is made and entered into as of
the date written below between the City of Buda ("Buda") and the City of Baytown
("Baytown!').
WHEREAS, both Buda and Baytown have each determined a need for a cooperative
_ agreement to purchase like goods and services to avoid duplicate procurement efforts and obtain
the benefits of volume purchasing;and
WHEREAS, Buda and Baytown are authorized by Section 271.102 of the Local
Government Code to pursue mutually beneficial and cooperative purchasing programs;
NOW, THEREFORE, for and in consideration of the mutual obligations and benefits
contained herein,Buda and Baytown agree as follows:
Section 1. The purpose of this Agreement is to provide Buda and Baytown with
additional purchasing options by satisfying the provisions of Section 271.102 of the Local
Government Code.
Section 2. The parties agree that each of the parties shall respectively designate a
person to act under the direction of, and on behalf of, the designating party (the "Designated
Representative").
Section 3. At the request of the other party, a party that enters into a contract with a
vendor for goods or services (the "First Purchasing Party") shall attempt to obtain the vendor's
agreement to offer those goods and services to the other party (the "Second Purchasing Party")
for the same price and on the same terms and conditions as have been offered to the First
.Purchasing Party. If the vendor so agrees, and if the Second Purchasing Party is agreeable to
such terms and conditions, the Second Purchasing Party may enter into its own separate contract
with-the vendor for the purchase of such goods or services.
Section 4. Unless otherwise agreed between the Designated Representatives,
payments for a purchase made by the Second Purchasing Party shall be paid directly to the
vendor and not to the First Purchasing Party. The Second Purchasing Party shall have the
responsibility of determining whether the vendor has complied with any provisions in its contract
with the vendor, including, but not limited to, those relating to the quality of items and terms of
delivery,and shall be responsible for enforcement of its contract against the vendor,including all
cost of enforcement.
Section 5. Neither Buda nor Baytown shall assume any responsibility or liability to pay
for materials purchased or services performed for the benefit of the other party. All payments
Cooperative Purchasing Agreement,Page 1
required to be made pursuant to any contract entered into with a vendor pursuant to this
Agreement shall be made from current, available revenues. In obtaining services of a vendor
under this Agreement each party acknowledges that it has or will rely solely on its own
inspections, investigations, research, and due diligence regarding the materials or services
desired and not on any representations or warranties of the other party hereto.
Section 6. This Agreement will be subject to all applicable federal, state and local
laws,ordinances,rules and regulations.
S ection.7. This Agreement may be terminated by either party, without cause or
penalty,upon not less than thirty(30)days' written notice to the other party.
Section 8. The parties acknowledge that each party and, if it so chooses, its counsel
have reviewed and revised this Agreement and that the normal rule of construction to the effect
that any ambiguities are to be resolved against the drafting party must not be employed in the
interpretation of this Agreement or any amendments or exhibits hereto.
Section 9. If any action, whether real or asserted, at law or in equity, arises on the
basis of any provision of this Agreement,venue for such action shall lie in state courts located in
Hams County, Texas, or the United States District Court for the Southern District of Texas —
Houston Division. This Agreement shall be construed in accordance with the laws of the State
of Texas.
Section 14. If any term or provision of this Agreement is held.to be illegal, invalid or
unenforceable, the legality, validity or enforceability of the remaining terms or provisions of this
Agreement shall not be affected thereby, and in lieu of each such illegal, invalid or
unenforceable term or provision, the parties shalt endeavor to agree to a legal, valid or
enforceable term or provision as similar as possible to the term or provision declared illegal,
invalid or unenforceable.
Section 11. Execution of this Agreement does not obligate Buda or Baytown to make
any purchase, to pay any membership fee or to otherwise or in any manner incur any cost or
obligation.
Section 12. This Agreement may be executed in multiple counterparts, each of which
shall be deemed an original,and all of which shall constitute but one and the same instrument.
Section 13. The undersigned officers and/or agents are properly authorized to execute
this Agreement on behalf of the parties hereto and each party hereby certifies to the other that
any necessary actions extending such authority have been duly passed and are now in full force
and effect.
Section 14. All notices, requests, demands, and other communications which are
required or permitted to be given under this Agreement shall be in writing and shall be deemed
to have been duly given upon the delivery or receipt thereof, as the case may be, if delivered
personally or sent by registered or certified mail,return receipt requested,postage prepaid, to the I
respective city representative set out below,or his/her designee.
Cooperative Purchasing Agreement.Page 2
' a
EXECUTED this clay of ,20190
CITY OF BUDA, CITY OF BAYTOWN
405 e.Loop Street,Bldg 100 2401 Market Street
Buda,TX 78610 Baytown,TX 77520
i
By. Kenneth Williams By.
R. Davis
KENNETH WILLIAMS, City Manager RICHARD L.DAVIS,City Manager
ATTEST: ATTEST:
Alicia Ramirez Leticia Bry sch
ALICIA RAMIREZ, City Clerk LETICIA BRYSCH,City Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:
George E. Hyde Ignacio Ramirez,Sr.
GEORGE HYDE,City Attorney IGNACIO RAMIREZ, SR.,City Attorney
Date Date
Signature: 20 2 Signature:
George f yde(Jan 2020' Kenneth Williams{Jan 9,2020',
Email: ghyde@txlocalgovlaw.com Email: kwiIliams@ci.buda.tx.us
Title: City of Buda,Texas City Attorney Title: City Manager
Company: Russell Rodriguez Hyde Bullock,LLP Company: City of Buda
Signature:
Alicia Ramirez;Jan 10,20lr);
Email: aramirez@ci.buda.tx.us
Title: City Clerk
Company: City of Buda
llcobfsO lUegal\Karen\Files\Contmcts\City of Buda Cooperative Purcbasing\COOPERATIVE PURCHASING AGREEMENT.doe
Cooperative Purchas ng Ae re_ement,Page 3
Baytown Co-op Purchasing Agrrnt
Final Audit Report 2020-01-10
Created: 2020-01-09
By: Alicia Ramirez(aramirez@ci.buda.tx.us)
Status: Signed
Transaction ID: CBJCHBCAABAAIDBd7KB-SALfpB3fl5pUT5RIxf7xxLau
"Baytown Co-op Purchasing Agrmt" History
Document created by Alicia Ramirez (aramirez@ci.buda.tx.us)
2020-01-09-7:28:22 PM GMT-IP address:50.84.226.194
Document emailed to George Hyde (ghyde@txlocalgovlaw.com) for signature
2020-01-09-7:34:37 PM GMT
Email viewed by George Hyde (ghyde@txlocalgovlaw.com)
2020-01-09-7:36:14 PM GMT-IP address:70.112.148.231
Uo Document e-signed by George Hyde (ghyde@txlocalgovlaw.com)
Signature Date:2020-01-09-7:37:35 PM GMT-Time Source:server-IP address:70.112.148.231
C Document emailed to Kenneth Williams (kwilliams@ci.buda.tx.us) for signature
2020-01-09-7:37:37 PM GMT
Email viewed by Kenneth Williams (kwilliams@ci.buda.tx.us)
2020-01-09-11:14:38 PM GMT-IP address:50.84.226.194
Document e-signed by Kenneth Williams (kwilliams@ci.buda.tx.us)
Signature Date:2020-01-09-11:16:00 PM GMT-Time Source:server-IP address:50.84.226.194
Document emailed to Alicia Ramirez (aramirez@ci.buda.tx.us) for signature
2020-01-09-11:16:02 PM GMT
Document e-signed by Alicia Ramirez (aramirez@ci.buda.tx.us)
Signature Date:2020-01-10-2:58:44 PM GMT-Time Source:server-IP address:50.84.226.194
Signed document emailed to George Hyde (ghyde@txlocalgovlaw.com), Alicia Ramirez
(aramirez@ci.buda.tx.us), Isabel Fernandez (iernandez@ci.buda.tx.us), Kenneth Williams
(kwilliams@ci.buda.tx.us), and 1 more
2020-01-10-2:58:44 PM GMT
Adobe Sign
uMolleg jo Al!:) :Auedtu0:)
llal:)AI!D :alm
210-unnolAegcoDgasiGq•e!Dpal :I!Llw3
(OZOZ`i uer)gas/ja eppal
7 :aan;euSIS
umolAeg}o Al!:) :Auedua0:) uMo4Aeg jo Al!:) :/KuedLu0:)
Aa2euelN AJ!D :all!1 Aauaojjy A}!D :al;!1
2ao•unno4Aeq(PDs!nep•jau :lleua3 �jo•unnojAeq@zaa!uaea•opeu.2! :1!eua3
(OZOZ'sZ ue0sined I (OZOZ,tZuef)is`zaiiwea open
- :aan;eu;�!g :aan;eug!g