HomeMy WebLinkAboutContract 35598Fort Worth & Hood County
Cooperative Purchasing Interlocal Agreement
CITY SEC.RIC')l°ARna,�
CONTRACT NO,
This Cooperative Purchasing Interlocal Agreement ("Agreement") is made and entered
into as of the date written below between the County of Flood, Granbury Texas and the
City of Fort Worth, Texa,9 ("Fort Worth').
�'t'1El<1GRCASI both Hood County and Fort Worth have each determined a need for a
cooperative agreement to purchase like goods and services to avoid duplicate
procurement efforts and obtain the benefits of volume purchasing; and
'WHEREAS, _
Hood Countyand the Fort Worth are authorized by Section 271,102 of the
}vocal Government Code to pursue -mutually beneficial and cooperative .purchasing
programs;
NOW, '1<'HEREFOR.E, .for and in consideration of the mutual obligations and beitefiits
contained herein, Hood Count and City of Fort Worth agree as follows:
SECT)lUN 1. The purpose of this Agreement is to provide Hood County and Fort Worth
with additional purchasing options by satisfying the provisions OfSection 271,1.02 of the
Local Government Code,
SECT.iQN 2. The parties agree that each of the parties shall. respectively designate a
person to act under the direction of, and on behalf of, the designating party (the
"Designated Representative").
SECT.>(QN 3. , !\t the request of the other party, a party that enters into a contract with a
vendor for goods or services (the "First Purchasing Party'') shall attempt to obtain (lie
vendor's agreement to offer those goods and services to the other party (the "Second
Purchasing Party") for the same price and on the saute terms and conditions as have been
offered to the First Purchasing Party. .If the vendor so agrees, and if the Second.
Purchasing party is agreeable to such terms and conditions, the Second Purchasing .Party
may enter into its own separate contract with the vendor for the purchase of such goods
Or services.
SECT)(pN 4. Unless otherwise agreed between the besigttated. Representatives,
payments for a purchase he vendor and.not to the First irst by the Second. Purchasing Party shall be paid directly to
t.Purchasing Party. The Second Purchasing Party shall have
the responsibility of determining whether the vendor has complied with any provisions in
its contract with the vendor, including but not limited to those relating to the quality of
items and terms of delivery, and shall be responsible for enforcement of its contract
against the vendor, including all cost of enforcement.
Page .l of 3
Fort Worth & Hood County
Cooperative Purchasing Interlocal Agreement
SECTION S. This Agreement will be subject to all applicable federal, state and local
laws, ordinances, rules and regulations,
SECTIQ.N G. This Agieett�ent may be terminated by either party, without cause or
penalty, upon not .less than thirty days written notice to the other party.
SECTION 7. The parties acknowledge that each party and, if it so chooses, its counsel
have reviewed and revised this Agreement and that the normal rule of constr effect that anuction to the
y ambiguities are to be resolved against the draftiin
employed in the interpretation. of this A 13 PAY must not be
grc ement or any amendments or exhibits hereto.
SECTION 8. Jf any action, whether real or asserted, at law or in equity, arises on the
basis of any provision of this Agreement, venue for such action shall lie in state courts
located in Tarrant County, Texas or the United States District Court for the Northern
District of Texas Port Worth Division, This Agreement shall be construed in
accordance with the laws of the State of Texas.
SECTION 9. If any term or provision of this Agreement .is held to be illegal, invalid or
unenforceable, the legality, validity or enforceability of the remaining terms or provisions
of this Agreement shall not be affected thereby, and in Iieu of each such illegal, invalid or
unenforceable term or provision, the parties shall endeavor to agree to a .legal, valid or
llegal, invalid or, unenforceable.
enforceable term or provision as sim.ila.r as possible to the team or provision declared
i
SEC'i'IQN 1<0. Cxecution of tlais Agreement does not obligate ._HooCounty or Fortrt
d Worth to make any purchase, to pay any membership fee or to otherwise or in any
matuaer incur any cost or obligation.
SIECTiON 11. This .A.greement may be executed in multiple counterparts, each of whicla
shall be deemed an original, and all of which shall constitute but one and the safne
instrument.
SECTION 1.2. The uttdcrsign.ed officers and/or agents are properly authozxzed to
execute this Agreement on behalf of the Parties hereto and each party hereby certifies to
th.e other that any necessary actions extending such authority have been duly passed and
are now in full force and effect.
SECTION 13. All notices, requests, demands, abd other comm.unication.s which are
required or pertxtitted to be given under this Agreement shall be in writy.ng and shall be
deemed to have been duly given, upon. the deliv
if delivered Personally or sent by registered or c rtihed orrecemai,returxeC'��t requc tedbe,
postage prepaid, to the respective city .representative set out below, or .his/her desig
nee,
Page 2 of 3
Fort Worth. & Hood County
Cooperative Purchasing ItIteziocal Agreement
EXECUTED this +
day of . , 2007.
CITY V-P IFVXA' WOttTH
1000 Throckm;orton
Fort Worth, Texas 76102
Assistant City Manager
Office:
U�� Mart Hendrix
(} City Secretary
FIOv u COUNTX
201 W. BRIDGE
Granbu ry, Texas 76048
r° Co y Judge:
n
Andy Rash
Fo Hood County Judge
DATE k'"rI—[� _
Contract Authorization
gvs�l 1 __M
Date
�,� `Approved as to Form and Legality
City A triy's Offi County Attorne 's Qff' y ice:
A Ram Co n Conner
4sslstany3 ity;Attorney Count Attom® y y
Pale 3 of 3
City of Fort Worth, Texas
DATE REFERENCE NUMBER LOG NAME PAGE
3/11/99 **P_8802 99-0059 1 of 1
SUBJECT AUTHORIZE INTERLOCAL AGREEMENTS FOR GOODS AND SERVICES BETWEEN
THE CITY OF FORT WORTH, THE CITY OF GRAPEVINE AND OTHER
GOVERNMENTAL ENTITIES
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute interlocal agreements
between the City of Fort Worth, the City of Grapevine and other governmental entities who request
such interlocal agreements for the purchase of goods and services.
DISCUSSION:
The Texas Local Government Code, Chapter 271.102, authorizes political subdivisions to contract with
each other for governmental functions such as the purchase of goods and/or services. A local
government that purchases goods or services under this subchapter satisfies any state law relative to
the competitive bidding requirements.
The use of interlocal agreements allows political subdivisions to access existing contracts to take
advantage of lower prices without the cost of competitive bidding. Either of the contract participants
may terminate the agreement with written notice to the other party.
The City of Grapevine is seeking interlocal agreements with the City of Fort Worth in order to access
the fuel agreements to purchase fuel. Tarrant County and the cities of Southlake, Haltom City,
Colleyville and North Richland Hills have already requested and received contracts for interlocal
agreements to access the City of Fort Worth's fuel contracts. Purchase agreements that were bid as
interlocal goods and services contracts will be available to these and other governmental entities.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this M&C will have no material effect on City funds.
CB:k
BQN/99-0059/KDK
Submitted for City Manager's
Office by:
Charles Boswell 8511
Originating Department Head:
Jim Keyes 8517
Additional Information Contact:
Robert Combs 8321
FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
(to)
(from) � APPROVED 3/11/99