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Home My WebLink AboutContract 39612ry SEC TARY CON RACTENO1 COOPERATIVE PURCHASING AGREEMENT BY AND BETWEEN THE CITY OF PLANO, TEXAS AND THE CITY OF FORT WORTH, TEXAS THIS AGREEMENT is made and entered into by and between the CITY OF PLANO, a home -rule municipal corporation located in Collin and Denton Counties, Texas (hereinafter referred to as "PLANO"), and the CITY OF FORT WORTH located in Tarrant, Denton and Wise Counties, Texas (hereinafter referred to as "FORT WORTH"). WHEREAS, Section 271.102 of the Texas Local Government Code, allows local governments to participate in cooperative purchasing programs to purchase from a contract currently existing between another local government and a vendor, and such process satisfies the state law competitive bid requirements; and WHEREAS, PLANO currently has a contract for products and/or services, and FORT WORTH has a need for same and desires to enter into a Cooperative Purchasing Agreement with PLANO pursuant to Chapter 271 subchapter F. et seq. (Cooperative Purchasing Program) of the Texas Local Government Code; and WHEREAS, FORT WORTH agrees to prepare, execute, and administer its own contract with the vendor and PLANO shall not be a party to FORT WORTH's agreement with the vendor. NOW, THEREFORE, PLANO and FORT WORTH, for the mutual consideration hereinafter stated, agree as follows: I. EFFECTIVE DATE This Agreement shall be effective upon the last date executed by the parties. OFFIClA� RCCORD CITY SECRET�IRY Agreement with City of Fort Worth - 1 - II. DUTIES OF FORT WORTH FORT WORTH agrees to prepare, execute, and administer its own contract with the vendor and PLANO shall not be a party to the agreement with the vendor and the other governmental entity. PLANO shall have no obligations for payment to vendor for any services or goods incurred by any parry other than PLANO. Any payments owed the vendor by FORT WORTH for services or goods shall be paid directly by FORT WORTH. FORT WORTH will be responsible for the vendor's compliance with provisions relating to the quality of items and terms of delivery; and any other terms or conditions of its agreement with the vendor. I1� TERNIIrTATION This Agreement may be terminated at any time, with or without cause, by either party giving thirty (30) days advance written notice to the other party. IV. NOTICE Notice as required by this Agreement shall be in writing delivered to the parties via facsimile or certified mail at the addresses listed below. Each party shall notify the other in writing within ten (10) days of any change in the information listed in this paragraph. Thomas H. Muehlenbeck CITY MANAGER City of Plano P. O. Box 860358 Plano, Texas 75086-0358 Telephone: 972-941-7121 �c '-423-9587 OFFICIAL RECORD CITY SECRETARY FORT WORTH Jack Dale Purchasing Manager City of Fort Worth 1000 Throckmorton Street Fort Worth, Texas 76102 Telephone: 817-3 92-83 57 Facsimile: 817-3 92-8440 Agreement with City of Fort Worth -2- V. Each party does hereby agree to waive all claims against, release, and hold harmless the other party and its respective officials, officers, agents, employees, in both their public and private capacities, from any and all liability, claims, suits, demands, losses, damages, attorneys fees, including all expenses of litigation or settlement, or causes of action which may arise by reason of injury to or death of any person or for loss of, damage to, or loss of use of any property arising out of or in connection with this contract. In the event of joint or concurrent negligence of the parties, responsibility, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas, without, however, waiving any governmental immunity available to either party individually under Texas law. PLANO shall be responsible for its sole negligence. FORT WORTH shall be responsible for its sole negligence. The provisions of this paragraph are solely for the benefit of the parties hereto and are not intended to create or grant any rights, contractual or otherwise, to any other person or entity. � 1: DI:t�'7 r� �1►• I D `Y� This Agreement represents the entire and integrated agreement between PLANO and FORT WORTH and supersedes all prior negotiations, representations and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both parties. VII. VENUE This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas, and this Agreement is performable in Collin County and Tarrant County, Texas. Exclusive venue shall be in Collin OFFICIl��. I�ECOR+U CITY SLCPETARY with City of Fort Worth -3- SEVERABILITY The provisions of this agreement are severable. In the event that any paragraph, section, subdivision, sentence, clause, or phrase of this agreement shall be found to be contrary to the law, or contrary to any rule or regulation having the force and effect of the law, such decisions shall not affect the remaining portions of this agreement. However, upon the occurrence of such event, either party may terminate this Agreement by giving the other party thirty (30) days written notice of its intent to terminate. IX. AUTHORITY TO SIGN /CITY COUNCIL AUTHORIZATION The undersigned officer and/or agents of the parties hereto are duly authorized officials and possess the requisite authority to execute this Agreement on behalf of the parties hereto. FORT WORTH has executed this Agreement pursuant to the duly authorized resolution or order of the Fort Worth City Council on January 15, 2008, Mayor &Council Communication No. P-10710. PLANO has executed this Agreement pursuant to the duly authorized PLANO City Council Resolution No. 2002-2-15(R) dated February 25, 2002. X. ASSIGNMENT AND SUBLETTING The parties agree that the rights and duties contained in this Agreement will not be assigned or sublet without the prior written consent of both parties. UFFiClA�. RECORD CITY SECRETARY FT. WORTH, TX Cooperative Purchasing Agreement with City of Fort Worth - 4 - XI. INTERPRETATION OF AGREEMENT This is a negotiated Agreement, should any part of this Agreement be in dispute, the parties stipulate that the Agreement shall not be construed more favorably for either party. XH. REMEDIES No right or remedy granted herein or reserved to the parties is exclusive of any right or remedy granted by law or equity; but each shall be cumulative of every right or remedy given hereunder. No covenant or condition of this Agreement may be waived without the express written consent of the parties. It is further agreed that one (1) or more instances of forbearance by either party in the exercise of its respective rights under this Agreement shall in no way constitute a waiver thereof. EXECUTED in duplicate originals this CITY OF PLANO, TEXAS By: J�J Mike R an, CPP Chief Purchasing Officer P. O. Box 860358 Plano, Texas 75086-0358 APPROVED AS TO FORM: Wetherbee ATTORNEY Contract -? vitlic -o zatioa E �Cooli@��veBl$i�rcfiasing Agreement with City of Fort Worth day of 2009. CITY OF FORT WORTH, TEXAS Karen L. Montgomery (�� Assistant City Manager 1000 Throckmorton Street Fort Worth, Texas 76102 APPROVED AS TO FORM: Maleshia armer ASSISTA T CITY ATTORNEY ATTEST: Marty Hendrix° CITY SECRETARY -5- ACKNOWLEDGMENTS STATE OF TEXAS ) CITY OF FORT WORTH, TEXAS COUNTY OF TARRANT ) This instrument was acknowledged before me on the day of , 2009, by KAREN L. MONTGOMERY, Assistant City Manager of the CITY OF FORT WORTH, TEXAS, ahome-rule municipal corporation, on behalf of such corporation. `�=•'��-, MARIAS.SANCHEZ MY COMMISSION EXPIRES December 14, 2013 •�iF L1F 1t,, STATE OF TEXAS ) Notary Public, State of Texas CITY OF PLANO, TEXAS COUNTY OF COLLIN ) This instrument was acknowledged before me on the `5 day of bx , 2001 by Tf, C4#f4Aftftner of the CITY OF PLANO, TEXAS, a home -rule municipal corporation, on behalf of such corporation. ��"'"°�. JILLYANN D STACEY ,., NOTARY PUBLIC J"FOF"� STATE Of TEXAS MYCOMM. EXP. 05/12/2012, OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Cooperative Purchasing Agreement with City of Fort Worth -6- am TO: Pamela Kenney, Purchasing Department FROM: Allison Tidwell, City Secretary's Office DATE: December 14, 2009 SUBJECT: COOPERATIVE PURCHASING AGREEMENT FOR GOODS AND SERVICES BETWEEN CITY OF FORT WORTH, LOCAL GOVERNMENTS AND LOCAL COOPERATIVE ORGANIZATIONS AUTHORIZED BY THE TEXAS LOCAL GOVERNMENT CODE These documents are being forwarded to you for original signatures from the City of Plano. All signed copies of the contract must be returned with original signatures for final processing. Failure to return the documents will delay the final processing of the contract. Once we have received all of the documents, we will assign a contract number. Thank you in advance for your cooperation. If you have any questions, please call me at 817-392-6090. Attached: 3 sets City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, January 15, 2008 LOG NAME: 13P07-0130 REFERENCE NO., **P-10710 SUBJECT: Authorize Cooperative Purchasing Agreements for Goods and Services Between the City of Fort Worth, Local Governments and Local Cooperative Organizations Authorized by the Texas Local Government Code RECOMMENDATION. It is recommended that the City Council authorize the City Manager to execute Cooperative Purchasing Agreements for goods and services between the City of Fort Worth, local governments and local cooperative purchasing organizations authorized by the Texas Local Government Code. DISCUSSION: The Purchasing Division will use this authorization to contract with local governments and local cooperative organizations to obtain goods or services. The use of these contracts allows the City of Fort Worth to take advantage of lower prices without the cost of competitive bidding by obtaining access to existing competitively procured contracts with entities such as Tarrant County, Houston -Galveston Area Council, Texas Association of School Boards' Local Government Purchasing Cooperative and U.S. Communities. This authorization will allow other local governments such as Tarrant County, the City of Arlington and the City of Grand Prairie to participate in contracts awarded by the City of Fort Worth that may result in the addition of other entities' quantities at the next bidding opportunity. Increasing the volume of goods and services bid increases the possibility of lower prices to the City through greater economies of scale. Either of the contract participants may terminate the agreement with written notice to the other party. Section 271.102(a) of the Texas Local Government Code allows local governments to participate in cooperative purchasing programs. Section 271.102(c) of the Code provides that a local government purchasing goods or services under a cooperative purchasing program satisfies any state law requiring that the local government seek competitive bids for purchase of the goods or services. The contracts for goods and services have been competitively bid to increase and simplify the purchasing power of local governments across the State of Texas. The Law Department recommends that the Purchasing Division review these agreements periodically. The last M&C regarding execution of agreements with these cooperatives was approved on March 27, 2001 (M&C C-18510). Going forward these agreements will be reviewed every five years. Approval of this Mayor and Council Communication will not commit the City to spend any funds. Purchases exceeding the administrative procurement threshold provided in the Ciry Code of Ordinances will be presented to Council for authorization as required. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that the execution of these cooperative purchasing agreements will have no Material effect on City funds. 8QN\07-0130\KDK Logname: 13P07-0130 Page 1 of 2 TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office by: Karen Montgomery (6222) if Originating Department Head: Lena Ellis (8517) Additional Information Contact: Jack Dale (8357) Logname: 13P07-0130 Page 2 of 2