Ordinance No. 9,150ORDINANCE NO. 9150
® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, ELECTING TO BE A COOPERATIVE MEMBER IN THE TEXAS
LOCAL GOVERNMENT STATEWIDE PURCHASING COOPERATIVE;
AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY
CLERK TO ATTEST TO THE INTERLOCAL PARTICIPATION
AGREEMENT CONCERNING THE COOPERATIVE PROGRAM; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, the City of Baytown (hereinafter "Cooperative Member ") pursuant to the
authority granted. by Section 791.001, et seq., the Interlocal Cooperation Act, of the Texas
Government Code, as amended, desires to participate in the statewide purchasing program of the
Cooperative; and
WHEREAS, the City of Baytown has elected to be a Cooperative Member in the Texas
Local Government Statewide Purchasing Cooperative (hereinafter "Cooperative "), a program
created by local governments in accordance with and pursuant to the Interlocal Cooperation Act
( "Act "), Chapter 791, Texas Government Code; and
WHEREAS, the Cooperative Member, is of the opinion that participation in the
Cooperative's purchasing program will be highly beneficial to the taxpayers of the local
government through the efficiencies and potential savings to be realized; and
WHEREAS, the Cooperative Member desires to participate and join with other local
governments in a cooperative interlocal agreement ( "Agreement ") for the purpose of fulfilling
and implementing their respective public and governmental purposes, needs, objectives,
programs, functions and services; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 1: That the City of Baytown does request that the Cooperative include its
stated needs for all categories of instructional, maintenance, custodial, and food service goods
and services, on the Cooperative's Purchasing Program and award contracts for those items,
whereby the Cooperative Members may be allowed to purchase those items from the
Cooperative's contracts. The Cooperative is hereby authorized to sign and deliver all necessary
requests and other documents in connection therewith for and on behalf of the City of Baytown.
Section 2: That the City Council of the City of Baytown does hereby authorize its
City Manager to execute and the City Clerk to attest to the Interlocal Participation Agreement
which includes the adoption and approval of the Organizational Interlocal Agreement previously
executed and adopted by two or more local governments, which agreements are attached hereto
as Exhibits "A" and "B" respectively and incorporated herein for all intents and purposes.
Section 3: That the City of Baytown hereby elects to become a member of the
�® Cooperative upon the terms and conditions stated. The City Council has, and at the time of
adoption of this Ordinance had, full power and lawful authority to adopt the foregoing Ordinance
n
and to confer the obligations, powers, and authority to the persons named, who are hereby
granted the power to exercise the same.
Section 4: 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 26th day of April, 2001.
A'T'TEST:`
G 'W SMITH, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZLV., City Attorney
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2
PETE C. ALFARO, Ma or
® INTERLOCAL PARTICIPATION AGREEMENT
for the
Texas Local Government Statewide Purchasing Cooperative
This Interlocal Participation Agreement ( "Agreement ") is entered into by and between
the Texas Local Government Statewide Purchasing Cooperative ( "Cooperative "), an
administrative agency of cooperating local governments, acting on its own behalf and the behalf
of all participating local governments, and the undersigned local government of the State of
Texas ( "Cooperative Member "). The purpose of this Agreement is to facilitate compliance with
state bidding requirements, to identify qualified vendors of commodities, goods and services, to
relieve the burdens of the governmental purchasing function, and to realize the various potential
economies, including administrative cost savings, for Cooperative Members.
WITNESSETH:
WHEREAS, the Cooperative Members are authorized by Chapter 791, The Interlocal
Cooperation Act of the Government Code ( "the Act "), to agree with other local governments to
form purchasing cooperatives; and
WHEREAS, the Cooperative is an administrative agency of local governments
cooperating in the discharge of their governmental functions; and
WHEREAS, the Cooperative Member does hereby adopt the Organizational Interlocal
Agreement, and such further amendments as may be made in the future, reflecting the evolving
mission of the Cooperative and further agrees to become an additional party to that certain
Organizational Interlocal Agreement promulgated on the 26th day of January, 1998.
NOW BE IT RESOLVED, that the undersigned Cooperative Member in consideration of
the agreement of the Cooperative and the Cooperative Members to provide services as detailed in
this agreement, does hereby agree to the following terms, conditions, and general provisions.
In return for the payment of the contributions and subject to all terms of this Agreement,
the parties agree as follows:
TERMS AND CONDITIONS
1. Adopt Organizational Interlocal Cooperation Agreement. The Cooperative Member
by the adoption and execution of this Agreement hereby adopts and approves the
Organizational Interlocal Agreement dated January 26, 1998, and all further amendments
as may be made in the future and further agrees to execute and become a Cooperative
Member by executing an Additional Party Agreement.
2. Term. The initial term of this Agreement shall commence at 12:01 a.m. on the date the
Agreement is executed by the parties hereto, and continue until 12:01 a.m. of the 16th
day of March, 2002, unless sooner terminated as provided herein. This Agreement shall
automatically renew for successive one -year terms unless sooner terminated in
Interlocal Participation Agreement, Page I
® accordance with the provisions of this Agreement. The conditions set forth below shall
apply to the initial term and all renewals.
3. Termination.
(a) By the Cooperative Member. This Agreement may be terminated by the
Cooperative Member at any time by thirty (30) days' prior written notice to the
Cooperative; provided all charges owed to the Cooperative have been fully paid.
(b) By the Cooperative. The Cooperative may terminate this Agreement by:
(1) Giving ten (10) days' notice by certified mail to the Cooperative Member
if the Cooperative Member fails or refuses to make the payments or
contributions as herein provided; or
(2) Giving thirty (30) days' notice by certified mail to the Cooperative
Member if the Cooperative Member fails to abide by this Agreement, the
Bylaws of the Cooperative, or any procedure of the Cooperative.
(c) Termination Procedure. If the Cooperative Member terminates its participation
during the term of this Agreement or breaches this Agreement, or if the
Cooperative terminates participation of the Cooperative Member under any
provision of this Article, the Cooperative Member shall bear the full financial
responsibility for any purchases occurring after the termination date, and for any
unpaid charges accrued during its term of membership in the Cooperative. The
Cooperative may seek the whole amount due, if any, from the terminated
Cooperative Member. The Cooperative Member will not be entitled to a refund of
membership dues paid.
4. Payments. The Cooperative Member agrees to pay membership fees based on a plan
developed by the Cooperative. Contributions are payable upon receipt of an invoice from
the Cooperative, Cooperative Contractor or vendor. A late charge amounting to the
maximum interest allowed by law, but not less than the rate of interest under Section
2251.021, et seq., Texas Government Code, shall begin to accrue daily on the first day
following the due date and continue to accrue until the contribution and late charges are
paid in full. The Cooperative reserves the right to collect all funds that are due to the
Cooperative in the event of termination by Cooperative Member or breach of this
Agreement by Cooperative Member.
5. Cooperative Reporting. The Cooperative shall provide periodic activity reports to the
Cooperative Member. These reports may be modified from time to time as deemed
appropriate by the Cooperative.
6. Administration. Cooperative Member shall use the provided purchasing software in
accordance with the license; return the software upon termination of participation in the
Cooperative in accordance with instruction from the Cooperative; maintain
confidentiality and prevent unauthorized copying of the software; maintain equipment,
software and testing to operate the system at its own expense; report all purchase orders
generated to Cooperative or its designee in accordance with instructions of the
Interlocal Participation Agreement, Page 2
® Cooperative; and make a final accounting to Cooperative upon termination of
membership.
GENERAL PROVISIONS
1. Authorization to Participate. Each Cooperative Member represents and warrants that its
governing body has duly authorized its participation in the Cooperative.
2. Bylaws. The Cooperative Member agrees to abide by the Bylaws of the Cooperative, as
they may be amended, and any and all reasonable policies and procedures established by
the Cooperative.
3. Compensation. The parties agree that the payments under this Agreement and all related
exhibits and documents are amounts that fairly compensate the Cooperative for the
services or functions performed under the Agreement, and that the two percent of gross
sales paid by participating vendors enables the Cooperative to pay the necessary licensing
fees, marketing costs and related expenses required to operate a statewide system of
electronic commerce for the public schools of Texas.
4. Cooperation and Access. The Cooperative Member agrees that it will cooperate in
compliance with any reasonable requests for information and/or records made by the
Cooperative. The Cooperative reserves the right to audit the relevant records of any
Cooperative Member. Any breach of this Article shall be considered material and shall
make the Agreement subject to termination on ten (10) days' written notice to the
Cooperative Member.
5. Coordinator. The Cooperative Member agrees to appoint a program coordinator who
shall have expressed authority to represent and bind the Cooperative Member, and the
Cooperative will not be required to contact any other individual regarding program
matters. Any notice to or any agreements with the coordinator shall be binding upon the
Cooperative Member. The Cooperative Member reserves the right to change the
coordinator as needed by giving written notice to the Cooperative. Such notice is not
effective until actually received by the Cooperative.
6. Current Revenue. The Cooperative Member hereby warrants that all payments,
contributions, fees, and disbursements required of it hereunder shall be made from
current revenues budgeted and available to the Cooperative Member.
7. Defense and Prosecution of Claims. The Cooperative Member authorizes the
Cooperative to regulate the commencement, defense, intervention, or participate in a
judicial, administrative, or other governmental proceedings or in an arbitration,
mediation, or any other form of alternative dispute resolution, or other appearances of the
Cooperative and/or any past or current Cooperative Member in any litigation, claim or
dispute, and to engage counsel and appropriate experts, in the Cooperative's sole
® discretion, with respect to such litigation, claim or disputes. The Cooperative Member
does hereby agree that any suit brought against the Cooperative or a Cooperative Member
may be defended in the name of the Cooperative or the Member by the counsel selected
Interlocal Participation Agreement, Page 3
by the Cooperative, in its sole discretion, or its designee, on behalf of and at the expense
of the Cooperative as necessary for the prosecution of any litigation. Full cooperation by
the Cooperative Member shall be extended to supply any information needed or helpful
in such prosecution or defense. Subject to specific revocation, the Cooperative Member
hereby designates the Cooperative to act as a class representative on its behalf in matters
arising out of this Agreement.
8. Governance. The Cooperative shall be governed by a Board of Trustees ('Board ") in
accordance with the Bylaws.
9. Limitations of Liability. COOPERATIVE, ITS ENDORSERS AND SERVICING
CONTRACTORS, DO NOT WARRANT THAT THE OPERATION OR USE. OF
COOPERATIVE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.
10. COOPERATIVE, ITS ENDORSERS AND SERVICING CONTRACTORS, HEREBY
DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN REGARD
TO ANY INFORMATION, PRODUCT OR SERVICE FURNISHED UNDER THIS
AGREEMENT, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED
- WARRANTIES —OF MERCHANTABILITY - OR -- FITNESS FOR A PARTICULAR
PURPOSE.
THE PARTIES AGREE THAT IN REGARD TO ANY AND ALL CAUSES OF
ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT, NEITHER
PARTY SHALL BE LIABLE TO THE OTHER UNDER ANY CIRCUMSTANCES
FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES,
EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Merger. This Interlocal Participation Agreement, Terms and Conditions, and General
Provisions, together with the Bylaws, Organizational Interlocal Agreement, and Exhibits,
represents the complete understanding of the Cooperative, and Cooperative Member
electing to participate in the Cooperative.
12. Notice. Any written notice to the Cooperative shall be .made by first class mail, postage
prepaid, and delivered to the Associate Executive Director Financial Planning, Texas
Association of School Boards, Inc., P.O. Box 2947, Austin, Texas 78768.
13. Venue. This Agreement shall be governed by and construed in accordance with the laws
of the State of Texas, and venue shall lie in Travis County, Texas.
14. Warranty. By the execution and delivery of this Agreement, the undersigned individuals
warrant that they have been duly authorized by all requisite administrative action required
to enter into and perform the terms of this Agreement.
Interlocal Participation Agreement, Page 4
v
IN WITNESS WHEREOF, the parties, acting through their duly authorized representatives,
sign this Agreement as of April 26, 2001.
TO BE COMPLETED BY THE COOPERATIVE:
TEXAS LOCAL GOVERNMENT STATEWIDE PURCHASING COOPERATIVE,
as acting on behalf of all other Cooperative Members
Gerald Brashears, Cooperative Administrator
Date:
TO BE COMPLETED BY COOPERATIVE MEMBER:
CITY OF BAYTOWN
(Name_of Local Government) _.. _... _
By: Date:
(Signature of authorized representative of Cooperative Member)
Monte Mercer, City Manager
(Printed name and title of authorized representative)
Coordinator for the Cooperative Member:
Name: Travis Doughty
Street Address 2401 Market Street
City /State /ZIP: Baytown Texas 77520
Telephone: 281- 420 -6525
Fax: 281 - 420 -6542
Email Address: tvdoughty@baytown.org
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Interlocal Participation Agreement, Page 5
F 111
INTERLOCAL PARTICIPATION AGREEMENT
for the
Texas Local Government Statewide Purchasing Cooperative
This Interlocal Participation Agreement ("Agreement") is entered into by and between
the Texas Local Government Statewide Purchasing Cooperative ("Cooperative"), an
administrative agency of cooperating local governments, acting on its own behalf and the behalf
of all participating local governments, and the undersigned local government of the State of
Texas ("Cooperative Member"). The purpose of this Agreement is to facilitate compliance with
state bidding requirements, to identify qualified vendors of commodities, goods and services, to
relieve the burdens of the governmental purchasing function, and to realize the various potential
economies, including administrative cost savings, for Cooperative Members.
WITNESSETH:
WHEREAS, the Cooperative Members are authorized by Chapter 791, The Interlocal
Cooperation Act of the Government Code ("the Act"), to agree with other local governments to
form purchasing cooperatives; and
WHEREAS, the Cooperative is an administrative agency of local governments
cooperating in the discharge of their governmental functions; and
WHEREAS, the Cooperative Member does hereby adopt the Organizational Interlocal
Agreement, and such further amendments as may be made in the future, reflecting the evolving
mission of the Cooperative and further agrees to become an additional party to that certain
Organizational Interlocal Agreement promulgated on the 26th day of January, 1998.
NOW BE IT RESOLVED, that the undersigned Cooperative Member in consideration of
the agreement of the Cooperative and the Cooperative Members to provide services as detailed in
this agreement, does hereby agree to the following terms, conditions, and general provisions.
In return for the payment of the contributions and subject to all terms of this Agreement,
the parties agree as follows:
TERMS AND CONDITIONS
1. Adopt Organizational Interlocal Cooperation Agreement. The Cooperative Member
by the adoption and execution of this Agreement hereby adopts and approves the
Organizational Interlocal Agreement dated January 26, 1998, and all further amendments
as may be made in the future and further agrees to execute and become a Cooperative
Member by executing an Additional Party Agreement.
2. Term. The initial term of this Agreement shall commence at 12:01 a.m. on the date the
Agreement is executed by the parties hereto. This Agreement shall automatically renew
for successive one-year terms unless sooner terminated in accordance with the provisions
Interlocal Participation Agreement,Page 1
of this Agreement. The conditions set forth below shall apply to the initial term and all
renewals.
3. Termination.
(a) By the Cooperative Member. This Agreement may be terminated by the
Cooperative Member at any time by thirty (30) days' prior written notice to the
Cooperative;provided all charges owed to the Cooperative have been fully paid.
(b) By the Cooperative. The Cooperative may terminate this Agreement by:
(1) Giving ten (10) days' notice by certified mail to the Cooperative Member
if the Cooperative Member fails or refuses to make the payments or
contributions as herein provided; or
(2) Giving thirty (30) days' notice by certified mail to the Cooperative
Member if the Cooperative Member fails to abide by this Agreement, the
Bylaws of the Cooperative, or any procedure of the Cooperative.
(c) Termination Procedure. If the Cooperative Member terminates its participation
during the term of this Agreement or breaches, this Agreement, or if the
Cooperative terminates participation of the Cooperative Member under any
provision of this Article, the Cooperative Member shall bear the full financial
responsibility for any purchases occurring after the termination date, and for any
unpaid charges accrued during its term of membership in the Cooperative. The
Cooperative may seek the whole amount due, if any, from the terminated
Cooperative Member. The Cooperative Member will not be entitled to a refund of
membership dues paid.
4. Payments. The Cooperative, Member agrees to pay membership fees based on a plan
developed by the Cooperative. Contributions are payable upon receipt of an invoice from
the Cooperative, Cooperative Contractor or vendor. A late charge amounting to the
maximum interest allowed by law, but not less than the rate of interest under Section
2251.021, et seq., Texas Government Code, shall begin to accrue daily on the first day
following the due date and continue to accrue until the contribution and late charges are
paid in full. The Cooperative reserves the right to collect all funds that are due to the
Cooperative in the event of termination by Cooperative Member or breach of this
Agreement by Cooperative Member.
5. Cooperative Reporting. The Cooperative shall provide periodic activity reports to the
Cooperative Member. These reports may be modified from time to time as deemed
appropriate by the Cooperative.
6. Administration. Cooperative Member shall use the provided purchasing software in
accordance with the license; return the software upon termination of participation in the
Cooperative in accordance with instruction from the Cooperative; maintain
confidentiality and prevent unauthorized copying of the software; maintain equipment,
software and testing to operate the system at its own expense; report all purchase orders
generated to Cooperative or its designee in accordance with instructions of the
Interlocal Participation Agreement,Page 2
Cooperative; and make a final accounting to Cooperative upon termination of
membership.
GENERAL PROVISIONS
1. Authorization to Participate. Each Cooperative Member represents and warrants that its
governing body has duly authorized its participation in the Cooperative.
2. Bylaws. The Cooperative Member agrees to abide by the Bylaws of the Cooperative, as
they may be amended, and any and all reasonable policies and procedures established by
the Cooperative.
3. Compensation. The parties agree that the payments under this Agreement and all related
exhibits and documents are amounts that fairly compensate the Cooperative for the
services or functions performed under the Agreement, and that the two percent of gross
sales paid by participating vendors enables the Cooperative to pay the necessary licensing
fees, marketing costs and related expenses required to operate a statewide system of
electronic commerce for the public schools of Texas.
4. Cooperation and Access. The Cooperative Member agrees that it will cooperate in
compliance with any reasonable requests for information and/or records made by the
Cooperative. The Cooperative reserves the right to audit the relevant records of any
Cooperative Member. Any breach of this Article shall be considered material and shall
make the Agreement subject to termination on ten (10) days' written notice to the
Cooperative Member.
5. Coordinator. The Cooperative Member agrees to appoint a program coordinator who
shall have expressed authority to represent and bind the Cooperative Member, and the
Cooperative will not be required to contact any other individual regarding program
matters. Any notice to or any agreements with the coordinator shall be binding upon the
Cooperative Member. The Cooperative Member reserves the right to change the
coordinator as needed by giving written notice to the Cooperative. Such notice is not
effective until actually received by the Cooperative.
6. Current Revenue. The Cooperative Member hereby warrants that all payments,
contributions, fees, and disbursements required of it hereunder shall be made from
current revenues budgeted and available to the Cooperative Member.
7. Defense and Prosecution of Claims. The Cooperative Member authorizes the
Cooperative to regulate the commencement, defense, intervention, or participate in a
judicial, administrative, or other governmental proceedings or in an arbitration,
mediation, or any other form of alternative dispute resolution, or other appearances of the
Cooperative and/or any past or current Cooperative Member in any litigation, claim or
dispute, and to engage counsel and appropriate experts, in the Cooperative's sole
discretion, with respect to such litigation, claim or disputes. The Cooperative Member
does hereby agree that any suit brought against the Cooperative or a Cooperative Member
may be defended in the name of the Cooperative or the Member by the counsel selected
c Participation Agreement,Page 3
Interlo al P p gr b
Cooperative; and make a final accounting to Cooperative upon termination of
membership.
GENERAL PROVISIONS
1. Authorization to Participate. Each Cooperative Member represents and warrants that its
governing body has duly authorized its participation in the Cooperative.
2. Bylaws. The Cooperative Member agrees to abide by the Bylaws of the Cooperative, as
they may be amended, and any and all reasonable policies and procedures established by
the Cooperative.
3. Compensation. The parties agree thatthe payments under this Agreement and all related
exhibits and documents are amounts that fairly compensate the Cooperative for the
services or functions performed under the Agreement, and that the two percent of gross
sales.paid by participating vendors enables the Cooperative to pay the necessary licensing
fees, marketing costs :and related expenses required to operate a statewide system of
electronic commerce for the public schools of Texas.
4. Cooperation and Access. The Cooperative Member agrees that it will cooperate in
compliance with any reasonable requests for information and/or records made by the
Cooperative. The Cooperative reserves the right to audit the relevant records of any
Cooperative Member. Any breach of this Article shall be considered material and shall
make the Agreement subject to termination on ten (10) days' written notice to the
Cooperative Member.
5. Coordinator. The.Cooperative Member agrees to appoint a program coordinator who
shall have expressed authority to represent and bind the Cooperative Member, and the
Cooperative will not be required to contact any other individual regarding program
matters. Any notice to:or any agreements with the coordinator shall be binding upon the
Cooperative Member. The Cooperative Member reserves the right to change the
coordinator as needed by:giving. written notice to the Cooperative. Such notice is not
effective until actually received by the Cooperative.
6. Current Revenue. The Cooperative Member hereby warrants that all payments,
contributions, fees, and disbursements required of it hereunder shall be made from
current revenues budgeted and available to the Cooperative Member.
7. Defense and Prosecution of Claims. The Cooperative Member authorizes the
Cooperative to regulate the commencement, defense, intervention, or participate in a
judicial; administrative, or other governmental proceedings or in an arbitration,
mediation, or any other form of alternative dispute resolution, or other appearances of the
Cooperative and/or any past or current Cooperative Member in any litigation, claim or
dispute, and to engage counsel and appropriate experts, in the Cooperative's sole
discretion, with respect to such litigation, claim or disputes. The Cooperative Member
does hereby agree that any suit brought against the Cooperative or a Cooperative Member
may be defended in the name of the Cooperative or the Member by the counsel selected
Interlocal Participation Agreement,Page 3
by the Cooperative, in its sole discretion, or its designee, on behalf of and at the expense
of the Cooperative as necessary for the prosecution of any litigation. Full cooperation by
the Cooperative Member shall be extended to supply any information needed or helpful
in such prosecution or defense. Subject to specific revocation, the Cooperative Member
hereby designates the Cooperative to act as a class representative on its behalf in matters
arising out of this Agreement.
8. Governance. The Cooperative shall be governed by a Board of Trustees ('Board") in
accordance with the Bylaws.
9. Limitations of Liability. COOPERATIVE, ITS ENDORSERS AND SERVICING
CONTRACTORS, DO NOT WARRANT THAT THE OPERATION OR USE OF
COOPERATIVE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.
10. COOPERATIVE, ITS ENDORSERS AND SERVICING CONTRACTORS, HEREBY
DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN REGARD
TO ANY INFORMATION, PRODUCT OR SERVICE FURNISHED UNDER THIS
AGREEMENT, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE.
THE PARTIES AGREE THAT IN REGARD TO ANY AND ALL CAUSES OF
ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT, NEITHER
PARTY SHALL BE LIABLE TO THE OTHER UNDER ANY CIRCUMSTANCES
FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES,
EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Merger. This Interlocal Participation Agreement, Terms and Conditions, and General
Provisions, together with the Bylaws, Organizational Interlocal Agreement, and Exhibits,
represents the complete understanding of the Cooperative, and Cooperative Member
electing to participate in the Cooperative.
12. Notice. Any written notice to the Cooperative shall be made by first class mail, postage
prepaid, and delivered to the Associate Executive Director Financial Planning, Texas
Association of School Boards, Inc., P.O. Box 2947, Austin, Texas 78768.
13. Venue. This Agreement shall be governed by and construed in accordance with the laws
of the State of Texas, and venue shall lie in Travis County, Texas.
14. Warranty. By the execution and delivery of this Agreement, the undersigned individuals
warrant that they have been duly authorized by all requisite administrative action required
to enter into and perform the terms of this Agreement.
Interlocal Participation Agreement,Page 4
IN WITNESS WHEREOF, the parties, acting through their duly authorized representatives,
sign this Agreement as of April 26, 2001.
TO BE COMPLETED BY THE COOPERATIVE:
TEXAS LOCAL GOVERNMENT STATEWIDE PURCHASING COOPERATIVE,
as acting on b alf o all ther ooperative Members
By: Date: L C7
erald rashears, Cooperative Administrator
TO BE COMPLETED BY COOPERATIVE MEMBER:
CITY OF BAYTOWN
(Name of Local Government)
By: � ' l/f y mtohec r r_v ate: Aire I , 2000
(Signature of authorized representative of Cooperative Member
Monte Mercer, City Manager
(Printed name and title of authorized representative)
Coordinator for the Cooperative Member:
Name: Travis Doughty
Street Address 2401 Market Street
City/State/ZIP: Baytown, Texas 77520
Telephone: 281-420-6525
Fax: 281-420-6542
Email Address: tvdoughty(a,baytown.org
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Interlocal Participation Agreement,Page 5