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Home My WebLink AboutO-1991-1796 . . ORDINANCE NO. 1796 AN ORDINANCE APPROVING AND AGREEMENT BETWEEN THE CITY OF MAKING VARIOUS FINDINGS AND FINDING COMPLIANCE WITH THE EFFECTIVE DATE HEREOF. AUTHORIZING AN INTERLOCAL PURCHASE LA PORTE AND THE CITY OF BAYTOWN~ PROVISIONS RELATING TO THE SUBJECT~ OPEN MEETINGS LAW~ AND PROVIDING AN 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 described 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 City Manager 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 City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated~ and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject 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. PASSED AND APPROVED, this 11th day of November, 1991. ~_~ LA ~ BY:-' .-~ ?~?J ' 'N rman L. Malon , Mayor ATTEST!L. ~e Bl~a4~A~ City secret~ fX:;A r Knox W. Askins \ City Attorney . . THE STATE OF TEXAS S S COUNTY OF HARRIS S INTERLOCAL PURCHASE AGREEMENT THIS INTERLOCAL PURCHASE AGREEMENT ("Agreement"), made and entered into pursuant to the Interlocal Cooperation Act, TEX.REV.CIV.STAT.ANN. art. 4413(32c), by and between the City of Bay town , a municipal corporation located in Harris County and Chambers County, Texas, hereinafter referred to as "Bay town," and the City of LaPorte hereinafter referred to as the purchasing government having its principal place of business at P.O. Box 1115, LaPorte, Texas 77571. WIT N E SSE T H: WHEREAS, the purchasing government desires to purchase certain governmental administrative functions, good or services which Bay town is currently purchasing for itself;' and WHEREAS, Bay town hereby agrees to perform the scope of services outlined in Arti~le 5 as hereinafter specified in accordance with the Agreement; and NOW THEREFORE, Bay town and the purchasing government do hereby agree as follows: I Legal Authoritv The purchasing government warrants and assures Bay town that it possesses adequate legal authority to enter into this Agreement. The purchasing government's governing body has authorized the signatory officia1(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 Bay town 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 Interloca1 Agreement and attachments, as provided herein, constitute the complete Agreement between the parties hereto, and supersedes any and all oral and 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 October 11, 1.991 and ends September 30, 1992. This contract shall thereafter automatically be renewed annually for each succeeding fiscal year. Bay town 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 SCODe of Services The purchasing government appoints Bay town its true and lawful purchasing agent for the bidding of certain materials and services, as enumerated through the submission of a duly executed purchase order, order form. or resolution. All material purchased hereunder shall be in accordance with specifications established by Bay town. The materials and services shall be procured in accordance with procedures governing competitive bidding by Bay town. Bay town 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. Bay town does not assume any responsibility or liability to pay for materials or services included in the bid for the benefit of the purchasing government. VII Chanaes 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 Bay town or the purchasing government may cancel or terminate this Agreement upon thirty (30) 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 government - 2 - . . from completing its purchases from the vendors selected by bid under this agreement. IX Severabilitv 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 Bay town. 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. THI~ INSTRUMENT SIGNED, in duplicate, this the of tf:f.J-obf.,(\ , 1991. 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