Ordinance No. 9,642v
ORDINANCE NO. 9642
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE A DONATIONS MANAGEMENT AGREEMENT WITH HARRIS
COUNTY; 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 to execute a Donations Management Agreement with Harris
County to be used in the event of a catastrophic event. A copy of such 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 25th day of September, 2003.
— /�� r /6fA4-
PETE C. ALFARO, Mayor
ATTEST:
GA< Y W . SMIT H, City Clerk
APPROVED AS TO FORM:
,ifKACIO RAMIREZ ., City Attorney
rAKaren \Files \City Council\ Ordinances\}- IarrisCountyDonationsManagement .doc
Donations Management Agreement
THE STATE OF TEXAS §
COUNTY OF HARRIS §
THIS AGREEMENT, made and entered into by and between Harris County, a body
corporate and politic under the laws of the State of Texas, hereinafter sometimes called
"County," acting herein by and through its County Judge duly authorized to so act by an Order
of the Harris County Commissioners Court, and the City of Baytown, a municipal corporation,
hereinafter sometimes called "City."
WITNESSETH:
WHEREAS, the County has representatives from the various service organizations such
as the Red Cross in its emergency operations center when the same is manned; and
WHEREAS, the City desires to coordinate donations management with the County; and
WHEREAS, the County desires to coordinate donations management for the City in the
event of a catastrophic event, such as a hurricane;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That in consideration
of the mutual covenants, agreements, and benefits to both parties along with other good and
valuable consideration, the receipt and sufficiency thereof is hereby acknowledged, it is
AGREED as follows:
I.
Agreements
1.01 The City agrees to operate under the Harris County Donations Management Plan (the
"Plan "). To this end, the City's purchasing manager will act as the point of contact for
donations management and will be responsible for forwarding all donation management
questions, contributions, and /or requests to the County.
1.02 The County agrees to provide these donation management services pursuant to the
Plan, which is incorporated by this reference for all intents and purposes. Consistent
with Section 418.102 of the Texas Government Code, the Plan shall be the first channel
through which the City shall request assistance when its resources are exceeded.
1.03 The City and the County shall observe and comply with all federal, state, and local laws,
rules, ordinances, and regulations in any manner affecting the conduct of the services
herein provided and performance of all obligations undertaken by this Agreement.
II.
Term
This Agreement shall become effective on October 1, 2003, or as soon thereafter as
both parties sign it, for a period of one -year. This Agreement shall automatically renew each
year for one -year terms, unless it is terminated by either party by giving written notice of the
party's desire to terminate this Agreement at least sixty (60) days before the end of the then -
current term.
EXHIBIT A
Dot i9 o.s_M anagQ.menLAgreRm ent,-Pa g_e .1
nr.
Notices
3.01 Any notice required or permitted to be given by County to the City hereunder may be
given by certified or registered United States Mail, postage - prepaid, return receipt
requested, and addressed to:
City of Baytown
2401 Market Street
Baytown, Texas
Attn: City Manager
3.02 Any notice required or permitted to be given by the City to County hereunder may be
given by certified or registered United States Mail, postage or fee prepaid, return receipt
requested, addressed to:
Harris County
1001 Preston, 91h Floor
Houston, Texas 77002
Attention: County Judge
3.03 Any notice shall be considered given and complete upon deposit in the United States
Mail.
1V.
Entire Agreement
This instrument constitutes the entire agreement between the parties hereto and
supersedes any and all agreements previously entered into by these same parties pertaining to
donation management services insofar as it covers the term above specified.
HARRIS COUNTY
By:
ROBERT ECKELS
County Judge
Date:
APPROVED AS TO FORM:
MICHAEL STAFFORD
County Attorney
0 By:
CITY OF BAYTOWN
By:
PETE C. ALFARO
Mayor
Date:
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR.
City Attorney
By:
FAKarenTiles,Emergency Management0onations ManagementW OU Donations ManagementClean.doc
Qonstian� ant_Awgl]]aal_?ag 2
CLERK OF comm1RS COURT
Donations Management Agreement
THE STATE OF TEXAS §
COUNTY OF HARRIS
THIS AGREEMENT, made and entered into by and between Harris County, a body
corporate and politic under the laws of the State of Texas, hereinafter sometimes called
County," acting herein by and through its County Judge duly authorized to so act by an Order
of the Harris County Commissioners Court, and the City of Baytown, a municipal corporation,
hereinafter sometimes called "City."
W ITNESSETH:
WHEREAS, the County has representatives from the various service organizations such
as the Red Cross in its emergency operations center when the same is manned; and
WHEREAS, the City desires to coordinate donations management with the County; and
WHEREAS, the County desires to coordinate donations management for the City in the
event of a catastrophic event, such as a hurricane;
NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: That in consideration
of the mutual covenants, agreements, and benefits to both parties along with other good and
valuable consideration, the receipt and sufficiency thereof is hereby acknowledged, it is
AGREED as follows:
Agreements
1.01 The City agrees to operate under the Harris County Donations Management Plan (the
Plan"). To this end, the City's purchasing manager will act as the point of contact for
donations management and will be responsible for forwarding all donation management
questions, contributions, and/or requests to the County.
1.02 The County agrees to provide these donation management services pursuant to the
Plan, which is incorporated by this reference for all intents and purposes. Consistent
with Section 418.102 of the Texas Government Code, the Plan shall be the first channel
through which the City shall request assistance when its resources are exceeded.
1.03 The City and the County shall observe and comply with all federal, state, and local laws,
rules, ordinances, and regulations in any manner affecting the conduct of the services
herein provided and performance of all obligations undertaken by this Agreement.
II.
Term
This Agreement shall become effective on October 1, 2003, or as soon thereafter as
both parties sign it, for a period of one-year. This Agreement shall automatically renew each
year for one-year terms, unless it is terminated by either party by giving written notice of the
party's desire to terminate this Agreement at least sixty (60) days before the end of the then -
current term.
Donations Management Agreement. P gc 1
nl.
Notices
3.01 Any notice required or permitted to be given by County to the City hereunder may be
given by certified or registered United States Mail, postage -prepaid, return receipt
requested, and addressed to:
City of Baytown
2401 Market Street
Baytown, Texas
Attn: City Manager
3.02 Any notice required or permitted to be given by the City to County hereunder may be
given by certified or registered United States Mail, postage or fee prepaid, return receipt
requested, addressed to:
Harris County
1001 Preston, 9th Floor
Houston, Texas 77002
Attention: County Judge
3.03 Any notice shall be considered given and complete upon deposit in the United States
Mail.
IV.
Entire Agreement
This instrument constitutes the entire agreement between the parties hereto and
supersedes any and all agreements previously entered into by these same parties pertaining to
donation management services insofar as it covers the term above specified.
HARRIS
By:
ROBERT E KELS
County Judge
DEC 0 2 2003Date:
APPROVED AS TO FORM:
MICHAEL STAFFORD
County Attorney
By:
F:\Karen\Files\Emergency Management
CITY OF BAYTOWN
By: ,e_Xe.C.
PETE C. ALFARO
Mayor
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR.
City Attorney
nations Management\MOU Donations ManagementClean.doc
Qonations ManagPment_Agreement. Page_2