Ordinance No. 9,358ORDINANCE NO. 9358
AN ORDINANCE OF THE CITY COUNCIL, CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE PAYMENT OF ONE HUNDRED FORTY -SEVEN THOUSAND
EIGHT HUNDRED TWENTY -SIX AND 95/100 DOLLARS ($147,826.95) TO DELL
COMPUTER CORPORATION FOR THE PROCUREMENT OF SOFTWARE,
SOFTWARE LICENSING, COMPUTERS AND ACCESSORIES FOR NETWORKED
COMPUTER COMMUNICATIONS; MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, the City of Baytown is a member of the cooperative purchasing program established
under Sections 271.082 and 271.083 of the Texas Local Government Code; and
WHEREAS, the Qualified Information Services Vendor Catalogue Purchasing Program is such a
program, allowing municipalities to purchase automated information systems products and/or services in an
efficient, cost effective, and competitive procurement method; and
WHEREAS, the City of Baytown in making a purchase under a state contract through such
cooperative purchasing program satisfies state law requiring municipalities to seek competitive bids or
proposals for the purchase of the item; NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown hereby authorizes the payment of ONE
HUNDRED FORTY -SEVEN THOUSAND EIGHT HUNDRED TWENTY -SIX AND 95/100 DOLLARS
($147,826.95) to Dell Computer Corporation for the procurement of software, software licensing, computers
and accessories for networked computer communications.
Section 2: That the City Manager is hereby granted general authority to approve any change
order involving a decrease or an increase in costs of TWENTY -FIYE THOUSAND AND NO/100 DOLLARS
($25,000.00) or less, provided 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 3: 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`a day of May, 2002.
PETE C. ALFARO, Mayor
ATTE .
G� G�
GA W. S I i H., City Clerk
® APP OVED AS TO FORM:
ACID RAMIREZ, SR. Ci Attorney
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• AGREEMENT FOR IMPROVEMENTS AT ROSELAND PARK
STATE OF TEXAS §
COUNTY OF HARRIS §
This Agreement for Improvements at Roseland Park (the "Agreement ") is made as of the
day of May, 2002, by and between the CITY OF BAYTOWN, a municipal corporation
located in Harris and Chambers Counties, Texas, (the "City") and the BAYTOWN MUNICIPAL
DEVELOPMENT DISTRICT, created under Chapter 377 of the Texas Local Government Code,
as amended, (the "Act') and located in Harris and Chambers Counties, Texas, (the "District "). For
and in consideration of the mutual covenants herein contained, it is agreed as follows:
Section 1. Representations and Warranties of District.
a) The District is engaged in an on -going effort to provide new resources to plan,
acquire, establish, develop, construct and/or renovate one or more development
projects beneficial to the District, which includes the incorporated limits of the City
lying within Harris County.
b) The District covenants that it shall actively work to productively coordinate its
activities with the City in an effort to reduce duplication of services.
C) The District represents and warrants that it has been properly created and is duly
authorized pursuant to the Act to enter into this Agreement.
Section 2. Description of Program.
The City, with the assistance of the District as herein specified, agrees to construct and
administer all contracts incident to the renovation of the Roseland Park bulkhead, and parking lot
and the construction of a trail around the bulkhead at such park (the "Project "). More specifically,
the Project at Roseland Park will include the following:
9 the replacement of approximately 830 linear feet of timber bulkhead;
➢ an asphalt overlay of the existing parking area near the bulkhead;
i the construction of approximately 650 feet of concrete trail connecting the bulkhead to the
central area of the park; and
the expansion of the grass area along the bulkhead to increase the usable fishing area along
the bulkhead.
The City shall with its funds and the funds .provided by the District, prepare or have prepared
® engineering information, including, but not limited to, environmental documentation and clearances,
Aereement for Improvements at Roseland Park, Pa eff A
® design plans, specifications and estimates; bid documents and contracts; and have the project
constructed according to the plans and specifications approved by the City.
Section 3. Reports.
The City shall prepare and submit to the District within 30 days after the end of each fiscal
year during the term of this Agreement a verbal or brief written report describing the services
performed by the City pursuant to this contract during the previous year along with a summary of
expenditures for the previous fiscal year.
Section 4. Approvals
The District understands, agrees and hereby directs the City to approve all plans and
specifications for the Project and to make any Project clarifications and/or modifications as maybe
necessary as determined by the City in its sole discretion.
Section 5. Funds to be provided by the District.
For and in consideration of the services to be provided by the City in furtherance of this
agreement, the District shall tender funds to the City not to exceed TWO HUNDRED FORTY -FIVE
THOUSAND AND NO /100 DOLLARS ($245,000.00).
Unless otherwise provided, all payments required to be made herein shall be payable on or
before 30 days after the District receives an invoice therefore from the City.
Section 6. Term.
This Agreement shall be effective for a period commencing on the date first mentioned
above, and ending two years thereafter or 30 days after final completion and acceptance of the
improvements by the City and the District, whichever is later, unless sooner terminated by either
party hereto pursuant to the terms hereof.
Section 7. Termination for Cause.
A party may terminate its performance under this contract only upon default by the other
party. Default by a party shall occur if the party fails to perform or observe any of the terms and
conditions of this Agreement required to be performed or observed by that party. Should such a
default occur, the party against whom the default has occurred shall have the right to terminate all or
® part of its obligations under this contract as of the 301h day following the receipt by the defaulting
party of a notice describing such default and intended termination, provided: (1) such termination
Agreement for Improvements at Roseland Park, Page 2
shall be ineffective if within said 30 -day period the defaulting party cures or has commenced the cure
of the default, or (2) such termination maybe stayed, at the sole option of the party against whom the
default has occurred, pending cure of the default.
Upon the termination of this Agreement, both parties shall be relieved of their respective
obligations herein stated. This Agreement shall not be subject to termination for convenience.
Section 8. Force Majeure.
Any prevention, delay, nonperformance, or stoppage due to any of the following causes shall
excuse nonperformance for the period of any such prevention, delay, nonperformance, or stoppage,
except the obligations imposed by this Agreement for the payment of funds allocated for the
District's programs. The causes referred to above are strikes, lockouts, labor disputes, failure of
power, acts of God, acts of public enemies of this State or of the United States, riots, insurrections,
civil commotion, inability to obtain labor or materials or reasonable substitutes for either,
governmental restrictions or regulations or controls, casualties or other causes beyond the reasonable
control of the party obligated to perform.
Section 9. Refund and Payment upon Termination.
Upon termination of this Agreement pursuant to Section 7 hereof due to an uncured default
by the City, the City hereby agrees to refund all unexpended, unappropriated monies previously paid
by the District to the City pursuant to this Agreement. If at the time of termination the District owes
the City monies, the District shall remit to the City the appropriate amount computed as of the
effective date of the termination.
Upon termination of this Agreement pursuant to Section 7 hereof due to an uncured default
by the District, the District hereby agrees to pay the total amount committed in Section S hereof on or
before the effective date of the termination.
Section 10. Parties in Interest.
This contract shall bind and benefit the City and the District and shall not bestow any rights
upon any third parties.
Section 11. Non - waiver.
Failure of either party hereto to insist on the strict performance of any of the agreements
herein or to exercise any rights or remedies accruing thereunder upon d jauit or failure of
® performance shall not be considered a waiver of the right to insist on and to enforce, by an
Agreement for Improvements at Roseland Park, Page 3
® appropriate remedy, strict compliance with any other obligation hereunder or to exercise any right or
remedy occurring as a result of any future default or failure of performance.
U
Section 12. Compliance with Applicable Laws.
The parties hereto shall comply with all rules, regulations, and laws of the United States of
America, the State of Texas, and all laws, regulations, and ordinances of the City of Baytown as they
now exist or may hereafter be enacted or amended.
Section 13. Choice of Law; Venue.
This contract is subject to and shall be construed in accordance with the laws of the State of
Texas, the laws of the federal government of the United States of America and all rules and
regulations of any regulatory body or officer having jurisdiction. This contract is performable in
Hams County, Texas.
Section 14. Notices.
All notices required or permitted hereunder shall be in writing and shall be deemed delivered
when actually received or, if earlier, on the third day following deposit in a United States Postal
Service post office or receptacle with proper postage affixed (certified mail, return receipt requested)
addressed to the respective other party at the address described below or at such other address as the
receiving party may have theretofore prescribed by notice to the sending party:
District
Baytown Municipal Development District
Attn: President, Board of Directors
P.Q. Box 424
Baytown, Texas 77522 -0424
Fax: (281) 420 -6586
City
City of Baytown
Attn: City Manager
P.O. Box 424
Baytown, Texas 77522 -0424
Fax: (281) 420 -6586
Acreement for Improvements at Roseland Park, Page 4