HomeMy WebLinkAboutO-1996-2129
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ORDINANCE NO. 96-2129
AN ORDINANCE APPROVING AND AUTHORIZING AN INTERLOCAL PURCHASE
AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE CITY OF SEABROOK,
FOR THE CITY OF SEABROOK TO PURCHASE FROM THE CITY OF LA PORTE
CERTAIN GOVERNMENTAL ADMINISTRATIVE FUNCTIONS, GOODS OR SERVICES
WHICH THE CITY OF LA PORTE IS CURRENTLY PURCHASING FOR ITSELF;
MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
section 1. The City Council hereby approves and authorizes
the contract, agreement, or other undertaking descr ibed in the
title of this ordinance, in substantially the form as shown in the
document which is attached hereto and incorporated herein by this
reference. The Mayor is hereby authorized to execute such document
and all related documents on behalf of the City of La Porte. The
City Secretary is hereby authorized to attest to all such
signatures and to affix the seal of the City to all such documents.
section 2. The City Council officially finds, determines,
recites, and declares that a sufficient written notice of the date,
hour, place and subject of this meeting of the City Council was
posted at a place convenient to the pUblic at the City Hall of the
ci ty for the time required by law preceding this meeting, as
required by the Open Meetings Law, Chapter 551, Texas Government
Code; and that this meeting has been open to the public as required
by law at all times during which this ordinance and the subject
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matter thereof has been discussed, considered and formally acted
upon. The City Council further ratifies, approves and confirms
such written notice and the contents and posting thereof.
section 3. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
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ORDINANCE NO. 96-2129
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PASSED AND APPROVED, this 12th day of August, 1996.
ATTEST:
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Sue Lenes,
City Secretary
APD2~~~
Knox W. Askins, '
City Attorney
By:
Z OF LA POR~
~A~~
rman L. a on ,
Mayor
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. STATE OF TEXAS
COUNTY OF HARRIS
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INTERLOCAL PURCHASE AGREEMENT
This INTERLOCAL PURCHASE AGREEMENT ("Agreement"), made and
entered into pursuant to the Interlocal Cooperation Act, TEX.RIVCIV.STAT.ANN. art.
4413 (32c), by and between the City of La Porte, a municipal corporation located in
Harris County, La Porte, Texas, hereinafter referred to as "La Porte," and City of
Seabrook, hereinafter referred to as the "Purchasing Government," having its principal
place of business at P.O, Box 539, Seabrook, Texas 77586.
WITNESSETH;
WHEREAS, the purchasing Government desires to purchase certain
governmental administrative functions, goods or services which La Porte is currently
purchasing for itself; and
WHEREAS, La Porte hereby agrees to perform the scope of services outlined in
Article 5 as herein specified in accordance with the agreement;
NOW THEREFORE, La Porte and the Purchasing Government do hereby agree as
follows:
I
Leaal Authoritv
The Purchasing Government warrants and assures La Porte that it possesses
adequate legal authority to enter into this agreement. The Purchasing Government's
governing body has authorized the signatory official (s) to enter into this Agreement
and bind the Purchasing Government to the terms of this Agreement and any
subsequent amendments hereto.
II
Applicable Laws
La Porte and the Purchasing Government agree to conduct all activities under
this Agreement in accordance with all applicable rules, regulations, ordinances and
laws in effect or promulgated during the term of this Agreement.
III
Whole Aareement
The Interlocal Agreement and attachments, as provided herein, constitute the
complete Agreement between the parties hereto, and supersedes any and all oral and
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. written agreements between the parties relating to matters herein, Except as otherwise
provided herein, this Agreement cannot be modified without written consent of the
parties.
IV
Performance Period
The period of this Interlocal Agreement shall be for the balance of fiscal year of
the Purchasing Government which begins July 16, 1996 and ends July 16, 1997. This
contract shall thereafter automatically be renewed annually for each succeeding fiscal
year.
La Porte or the Purchasing Government may cancel this Agreement at any time
upon thirty (30) days written notice to the other party to this Agreement. The obligations
of the Purchasing Government shall survive such cancellation, as well as any other
obligation incurred under this Agreement, until performed or discharged by the
Purchasing Government.
V
Scope of Services
The purchasing Government appoints La Porte ,its true and lawful purchasing
agent for the bidding of certain materials and services, as enumerated through the
submission of a duly executed purchase hereunder shall be in accordance with
specifications established by La Porte.
The materials and services shall be procured in accordance with procedures
governing competitive bidding by La Porte. La Porte shall add Purchasing
Government's name, quantity requested, and delivery address to its bid documents.
Purchasing Government will order directly from the vendor awarded the bid. Ownership
(title) of material purchased shall transfer directly from the vendor to the Purchasing
Government.
VI
Pavments
The Purchasing Government shall make its purchases of the bid materials and
service directly from vendor, and shall pay vendor for all purchases it makes. La Porte
does not assume any responsibility or liability to pay for materials or services included
in the bid for the benefit of the Purchasing Government.
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VII
Chances and Amendments
Any alterations, additions, or deletions to the terms of this Agreement which are
required by, changes in Federal and State law or regulations are automatically
incorporated into this Agreement without written amendment hereto, and shall become
effective on the date designated by such law or regulation.
VIII
Termination Procedures
Either La Porte or the Purchasing Government may cancel or terminate this
Agreement upon thirty (3D) days written notice by certified mail to the other party. In
the event of such termination prior to completion of any purchase provided for herein,
such termination shall not preclude Purchasing from completing its purchases from the
vendors selected by bid under this Agreement.
IX
Severability
All parties agree that should any provision of this Agreement be determined to
be invalid or unenforceable, such determination shall not effect any other term of this
Agreement, which shall continue in full force and effect.
X
Force Maieure
To the extent that either party to this Agreement shall be wholly or partially
prevented from the performance within the term specified of any obligation or duty
placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood,
acts of war, insurrection, accident, judgment, act of God, or specific cause reasonably
beyond the party's control and not attributable to its neglect or nonfeasance, in such
event, the time for the performance of such obligation or duty shall be suspended until
such disability to perform is removed. Determination of force majeure shall rest solely
with La Porte.
XI
Venue
Venue and jurisdiction of any suit, or cause of action arising under or in
connection with the Agreement shall lie exclusively in Harris County, Texas.
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XII
Indemnity and Reasonable Expectation by La Porte
of Uninterrupted Flow of Service From Insituform Corp.
Purchasing Government indemnifies and holds La Porte harmless from any claims,
demands or causes of action against La Porte, arising out of any purchases made or
attempted by Purchasing Government pursuant to this agreement.
Reference is here made to a letter dated August 7, 1996 from Insituform Corp. assuring
La Porte that, notwithstanding the addition of Purchasing Government to this source
contract for Insituform services, said City shall continue to enjoy the uninterrupted and
unimpeded full measure of its reasonable expectancies under the contract between La
Porte and Insituform Corp., for repair of damaged or deteriorated sewer line, as
needed, under what at one time was and mayor may not still be a continuing sole
source contract for such services dated the 16th day of July, 1996. La Porte is relying
upon that representation in agreeing to assist Purchasing Government. Purchasing
Government shall, if necessary, cancel, delay or reduce its purchase in order for La
Porte to enjoy its normal and reasonable contractual expectation, but neither city is or
shall be a guarantor of Insituform Corp. 's contractual performance.
THIS INSTRUMENT SIGNED, in duplicate, this the 12th day of August, 1996.
By:
n Bosone
ayor, CITY OF SEABROOK
CITY OF LA PORTE
BY:~~~
, orman L. Malone, Mayor~
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j ATTEST:
By:
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Sue Lenes, City Secretary