Ordinance No. 9,302ORDINACE NO. 9302
® AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE
CITY CLERK OF THE CITY OF BAYTOWN TO EXECUTE AND ATTEST TO AN
INTERLOCAL AGREEMENT WITH THE CITY OF MISSOURI CITY FOR THE
ANNUAL CONCRETE RAISING SERVICES; AUTHORIZING PAYMENT BY THE
CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED SEVENTY THOUSAND
AND NO /100 DOLLARS ($70,000.00); MAKING OTHER PROVISIONS RELATED
THERETO; 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
City Manager and the City Clerk of the City of Baytown to execute and attest to an Interlocal Agreement with
the City of Missouri City for the Annual Concrete Raising Services. A copy of said Interlocal Agreement is
attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes.
Section 2: That the City Council of the City ofBaytown hereby authorizes payment in an amount
not to exceed SEVENTY THOUSAND AND NO/] 00 DOLLARS ($70,000.00) pursuant to the Agreement.
Section 3: That pursuant to the provisions of Texas Local Government Code Annotated
§ 252.048, the City Manager is hereby granted general authority to approve any change order involving a
decrease or an increase in costs of TWENTY -FIVE THOUSAND AND NO /100 DOLLARS ($25,000.00) or
less, subject to the provision that the original contract price may not be increased by more than twenty-five
percent (25 %) or decreased by more than twenty-five percent (25 %) without the consent of the contractor to
such decrease
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 24`x' day of January, 2002.
%� c. __
PETE C. ALFARO, NTayor
ATTEST:
/N
GA kV W. SMITH, City Clerk
APPROVED AS TO FORM:
eT(YNACIO RAMIREZ, S , ity Attorney
•
F:Ucanene\My Documents\ Council\ 01- 02U anuary\ AuthorizelnterlocalAgreementWithMissouriCity .doc
® INTERLOCAL AGREEMENT
FOR THE ANNUAL CONCRETE RAISING SERVICES
STATE OF TEXAS §
§
COUNTY OF HARRIS §
This Agreement made this the ' day of , 2002, between the City of
Baytown, Texas, a home -rule municipal corporation located in Harris and Chambers Counties,
Texas, and the City of Missouri City, Texas, a municipal corporation located in Fort Bend County,
Texas.
WITNESSETH
Pursuant to the authority granted by the Texas Interlocal Cooperation Act (Tex. Gov't
Code Ann. § §791.001, et seq.) providing for the cooperation between local governmental bodies,
and pursuant to Subchapter F entitled "Cooperative Purchasing Program" containing Sections
271.101 and 271.102 of the Texas Local Government Code, the parties hereto, in consideration
of the premises and mutual promises contained herein agree to as follows:
I.
The City of Missouri City ( "Missouri City") shall be the true and lawful purchasing agent for
the City of Baytown ( "Baytown ") for the purchase of its annual concrete raising services, pursuant to
Missouri City's Agreement with the Concrete Raising Corporation of Texas ( "CRC "), which was let
in accordance with Chapter 252 of the Texas Local Government Code and all other applicable laws
and which is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes.
II.
Baytown, by execution of this Agreement, agrees to directly pay CRC after completion and
acceptance of the work specified in each work order for raising streets throughout the City and after
receipt of a proper invoice therefor an amount based upon the pricing detailed in the attached
agreement.
Neither Missouri City nor Baytown shall assume any responsibility or liability to pay for materials
purchased or services performed for the benefit of the other entity. Baytown's payment required by
this article shall be made from current, available revenues. Furthermore, both parties agree that the
payment required herein fairly compensates Missouri City for any services or functions required to
be performed under this Agreement. In obtaining the services of CRC through Missouri City,
Baytown has relied solely on its own inspections, investigations and due diligence regarding the
services and Baytown acknowledges that Missouri City has made no representations or warranties
expressed or implied with respect to the services to be rendered.
III.
® This Agreement shall take effect upon execution by the signatories and shall serve as each
governmental body's commitment pertaining to Baytown's purchase of the services referenced in
Article I hereof. This Agreement has been authorized by the governing bodies of the parties hereto.
Interlocal Agreement, Page l
EXHIBIT A
0 IV.
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This Agreement shall be in effect from and after the _ day of , 2002, the
date of execution by Baytown.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
their authorized officers the day and year specified in Article W.
CITY OF BAYTOWN
MONTE MERCER, City Manager
ATTEST:
GARY W. SMITH, City Clerk
c:klh2270\ Contracts\ InterlocalAgreement \lnterlocalAgreementMissouri City2002
Werlocal Agreement, Page 2
CITY OF MISSOURI CITY
(Signature)
(Printed Name)
(Title)
ATTEST:
(Signature)
(Printed-Name)
(Title)