Ordinance No. 9,669ORDINANCE NO. 9669 .
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
® AUTHORIZING AN INTERLOCAL AGREEMENT WITH HARRIS COUNTY
DEPARTMENT OF EDUCATION FOR PROVIDING COOPERATIVE
PURCHASING SERVICES; AUTHORIZING THE PAYMENT OF THIRTY -SIX
THOUSAND NWETY -ONE AND NO 1100 DOLLARS ($36,091.00) FOR THE
PURCHASE OF MOWING EQUIPMENT FOR THE PARKS DEPARTMENT FROM
LANDSDOWNE MOODY COMPANY, INC., UNDER THE INTERLOCAL
AGREEMENT; 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 authorizes an interlocal agreement
with Harris County Department of Education for providing cooperative purchasing services. Such
agreement is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes
Section 2: That the City Council of the City of Baytown hereby authorizes the payment of
THIRTY -SIX THOUSAND NINETY -ONE AND NO /100 DOLLARS ($36,091.00) for the purchase of
mowing equipment for the Parks Department from Landsdowne Moody Company, Inc., under the
interlocal agreement approved in Section 1 hereof.
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 N01100 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 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 13°i day of November, 2003.
/ e. d&1'0-W
PETE C. ALFARO, Mayor
ATTEST:
all
GOY b . SMjr -_d, City Clerk
APPROVED AS TO FORM:
® NACIO RAMIREZ, S , City Attorney
F:\Raren FileslCity Councillordinanc arrisCountyDepartmcntof
® INTERLOCAL AGREEMENT
BETWEEN
HARRIS COUNTY DEPARTMENT OF EDUCATION
AND
THE CITY OF BAYTOWN
�J
Pursuant to the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, this Interlocal
Contract ( "Contract ") is made and entered into between Harris County Department of Education ( "HCDE ")
and the City of Baytown ( "Cooperative Member ") for the purpose of providing cooperative services is to
obtain substantial savings for school districts (public & private) and other government entities through
volume purchasing in Harris County, Texas, and states the terms, roles and responsibilities of the contracting
parties during the contract term.
This Contract is effective from November 13, 2003, and shall automatically renew unless either party gives
thirty (30) days prior written notice of non - renewal. This agreement may be terminated by either party with
or without cause within thirty (30) days written notice.
Please check the program(s) you would like to participate in):
HCDE Purchasing Cooperative x HCDE Food Cooperative
HCDE Role & Responsibilities
• Establish the administrative and organizational structure of the program.
• Provide all necessary supporting documents related to the bidding and vendor selection process.
0 Establish the procedures for ordering, delivering, and billing.
• Obtain historical usage information from entities in preparing cooperative bids.
• When appropriate assist cooperative members in resolving buyer /seller discrepancies.
Cooperative Member Role & Responsibilities
• Assign or direct a person to act under the cooperative program.
• Abide by terms and conditions of the contract established by the purchasing cooperative and seller.
• Prepare purchase orders out to seller and pay invoices according to payment terms.
• Commit to purchase products and services that are awarded when it is in the best interest of the
cooperative member.
Terms
1. This Contract shall be governed by and construed in accordance with the laws of the State of Texas
and mandatory and exclusive venue in any action arising out of this Contract shall be in Harris
County, Texas.
2. Each party paying for the performance of governmental functions must make those payments from
current revenues available to the paying party.
3. Each party acknowledges that this Contract has been authorized by the governing body of each party
to the Contract.
4. This Contract does not create a joint venture or business partnership under Texas law.
5. The complete execution of this agreement between the parties named below is all the authorization
required to participate in the programs named herein. Please send a signed Interlocal Agreement to
the contact person and address listed below.
Agreed to:
City of Baytown
Authorized Signature
Title/Date
Travis Doughty
Contact Person
Purchasing Manager
Title of Contact
P.O. Box 424
Baytown, TX 77522
(281) 420 -6525
tvdoughty Rmbaytown.org
Harris County Department of Education
Authorized Signature
Title /Date
Alfonso Saldivar, C.P.M.
Contact Person
Director of Purchasing
Title of Contact
6300 Irvington
Houston, Texas 77022 -5618
(713) 696 -8242
asaldivar c ,hcde- texas.org
FAKaren\Fi1es\Contract5\Harris Cowty Department of EducatiotNtiterlocal with Harris Co Dept Edl.doc
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