Ordinance No. 11,939ORDINANCE NO. 11,939
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AN INTERLOCAL AGREEMENT WITH THE TEXAS
ENGINEERING EXTENSION SERVICE FOR FIRE DEPARTMENT TRAINING;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF
FORTY -ONE THOUSAND FIVE HUNDRED EIGHTY -THREE AND NO/100
DOLLARS ($41,583.00); MAKING OTHER PROVISIONS RELATED THERETO;
AND PROVIDING FOR THE EFFECTNE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section I: That the City Council of the City of Baytown, Texas, hereby authorizes the City
Manager to execute an Interlocal Agreement with the Texas Engineering Extension Service ('TEEX ") for
Fire Department Training. A copy of said 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 authorizes payment to TEEX in the
amount of FORTY -ONE THOUSAND FIVE HUNDRED EIGHTY -THREE AND NO 1100 DOLLARS
($41,583.00) pursuant to the Agreement.
Section 3: That the City Manager is hereby granted general authority to approve any change
order involving a decrease or an increase in costs of FIFTY THOUSAND AND NO /100 DOLLARS
($50,000.00) or less; however, 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 ofjhe City Council of the City of
Baytown this the I e day of May, 2012.
APPROVF
NACIO RAMIREZ, SR., Ci ttomey
\ \CobaONepMmnlrilal iry Council \OMlmm sUO19Mq IOanmrio lwiNME%dm
maot "asure• s
Exhibit "A"
Contract numbs 56-1005R
INTERLOCAL AGREEMENT
BY AND BETWEEN
City of Baytown
AND
THE TEXAS ENGINEERING EXTENSION SERVICE
This Agreement ( "Agreement') is entered Into by and between
the Texas Engineering Extension Service ("TEE)'), 200 If to Customer: City of Baytown
Technology Way, College Station, TX 77845 and the City of
Baytown ('CustomeM, 2401 Market Street Baytown. TX 77520 Attn: Bob Leiper
(collectively "the Parties") pursuant to the provisions of the City Manager
Interlocal Cooperation Act;, Chapter 791 of the Texas 2401 Market Street
Government Code.
Baytown, TX 77520
SECTION I. PURPOSE OF AGREEMENT
See "Statement of Services" dated
April 20, 2012, and attached hereto and Incorporated as
"Statement of Services".
SECTION IV. TERM OF AGREEMENT
This Agreement shall begin as of the date of the last signature
and shall terminate May 31, 2012-
If this Agreement Is not executed by all parties within 60 days of
date of the first signature below, then this Agreement will be
null and vold and of no further effect.
SECTION V. PAYMENT FOR SERVICES
The total amount of this contract Is: Forty -One Thousand Five
Hundred ElghtyThree dollars ($41,SB3.00) Payment for services
performed shall be billed lump sum with payment due within
thirty t30) days of completion. "Any and all payments by the
Parties made pursuant to this Agreement shall be made from
current revenues'
SECTION VI. NOTICES
All notices hereunder shall be deemed given when either
delivered in person or deposited In the U.S. Mall, postage
prepaid, certified mail, return receipt requested, addressed to
the appropriate party at the following address:
If to TEEX: Texas Engineering Extension Service
Attn: Brian Smith
200 Technology Way,
CollegeStation,Texas 77845
SECTION VII. AUTHORITY
TEEX represents and warrants the following:
A. The signer of this Agreement possesses the right,
power, legal capacity and full legal authority to
execute this Agreement on behalf TEEX and to
bind TEEX to the terms and conditions set forth
herein; and
B. TEEX possesses full legal authority to enter Into
this Agreement and to perform Its
responsibilities, duties and obligations herein set
out.
Customer represents and warrants the following:
A. The signer of this Agreement possesses the right,
power, legal capacity and full legal authority to
execute this Agreement on behalf of Customer
and to bind Customer to the terms and conditions
set forth herein; and
0. Customer possesses full legal authority to enter
Into this Agreement and to perform its
responsibilities, duties and obligations herein set
out.
SECTION Vill. NO WAIVER OF IMMUNITY
It Is expressly understood and agreed that under this Agreement
neither 'party waives, nor shall be deemed to waive, any
Immunity or defense that would otherwise be available to it
against claims arising In the exercise of governmental powers
and functlons.
TF:FX CS-42 Page 1 of2 Rcvfavmd as of September 1, 2009
Contract number 5&100SS2
EXECUTED IN DUPLICATE COPIES, EACH OF WHICH HAVE THE FORCE AND EFFECT OF AN ORIGINAL, THIS THE
30h DAY OF April 2012.
Texas Engineering Extension Service: City of Baytown:
By: w� By:
Name: Billy D. Parker Name:
Title: Director
Title:
Date: 4/30/12 Date:
TEMC CS -42 Page 2 of2 Reviewed as of September 1. 2009
April 20, 2012
Attachment A
�— TEXAS ENGINEERING EXTENSION SERVICE
Urban Search & Rescue
Jr John B. Connally Bullding • 301 Tarrow • College Station, Texas 77840.7896
TRAIN • SERVE • RESPOND ToSldroe (868) 999.9778 • Phone (979) 45808B7 • Fax (979) 4380890 • www.wax.com
Statement of Services
TEEX US&R will provide 20 spaces in the open enrollment Disaster Technical Search
Specialist class scheduled for May 2Om25'x, 2012.
Baytown Fire and Rescue will provide:
• A maximum of 20 students and 1 observer.
• Personal Protective Equipment as listed on the TEEX webpage.
TEEX US &R will provide:
• 20 places in the Disaster Technical Search Specialist open enrollment class.
• Hotel accommodation, double occupancy rooms, l l in total.
• Lunch at the field Monday to Friday.
The total cost for the Disaster Technical Search Specialist class for 20 students and l
observer taught in Disaster City® is $41,583.00.