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Home My WebLink AboutContract 42863 (2)(:rty of r'ort Worth �i City of Crowley Cooperative Purchasing Agreement C1TY SECRETARV CONTRACT N0. l�J l-c L> .,�. This Cooperative Purchasing Agreement ("Agreement") is made and entered into as of the date written below between the City of Crowley ("Crowley") and the City of Fort Worth, Texas ("Fort Worth"). WHEREAS, both Crowley 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 WI�E12�A�, Crowley and Fort Worth are authorized by Section 271.102 of the Local Government Code to pursue mutually beneficial and cooperative purchasing programs. 1�OW, 'I'IIEItE�'Ol�, for and in consideration of the mutual obligations and benefits contained herein, Crowley and Fort Worth agree as follows: �EC'I'IOlV 1. The purpose of this Agreement is to provide Crowley and Fort Worth with additional purchasing options by satisfying the provisions of Section 271.102 of the Local Governmenf Code. �EC'I'IOI� �. The parties agree that each of the parties shall respectively designate a person to act under the direction of, and on behalf of, fhe designating party (the "Designated Representative"). �EC'I'IOI�13. At 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 the vendor's agreement to offer those goods and services to the other party (the "Second Purchasing Party") for the same price and on the same 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. SECTION 4. Unless otherwise agreed between the Designated Representatives, payments for a purchase made by the Second Purchasing Party shall be paid directly to the vendor and not to the First 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. �EC"�"IOl� �. This Agreement will be subject to all applicable federal, state and local laws, ordinances, rules and regulations. Page 1 of 3 ��r��a�. �� `f�f' ��CRETARY �''� WOR�'�i, TX i C;ity of Fort Worth & City of Crowley Cooperative Purchasing Agreement SEC'I'IO1�T 6. This Agreement may be terminated by either party, without cause or penalty, upon not less than thirty days written notice to the other party. �EC'I'I0101 i. 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 construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. SECTION S. If 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 Tai�ant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. �EC'I'IOI�t 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 lieu of each such illegal, invalid or unenforceable term or provision, the parties shall endeavor to agree to a legal, valid or enforceable term or provision as similar as possible to the te��m or provision declared illegal, invalid or unenforceable. SEC'I'YOI� 10. Execution of this Agreement does not obligate Crowley or Fort Worth to make any purchase, to pay any membership fee or to otherwise or in any manner incur any cost or obligation. SECTIOI�] 11. This Agreemeni may be executed in multiple counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument. �EC'�ION l�. The undersigned officers and/or agents are properly authorized to execute this Agreement on behalf of the parties hereto and each party hereby certifies to the other that any necessary actions extending such authority have been duly passed and are now in full force and effect. SEC'TION 13. All notices, requests, demands, and other communications which are required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given upon the delivery or receipt thereof, as the case may be, if delivered personally or sent by registered or certified mail, return �•eceipt requested, postage prepaid, to the respective city representative set out below, or his/her designee. Page 2 of 3 : f�FFiCIAL RECORD �ITY SECRETARY � FT'. W�RTH, 7'X � 0 C:ity o# rort Worth & City of Crowley Cooperative Purchasing Agreement / E�CiJT'ED this '� day of CITY OI' I'OI�T WORTI3 1000 Throckmorton Streei Fort Worth; T'e�a� 76102 By: Title . � �. . �, , ; �, , �, �, :' J Assistant City Attorney Charlene Sanders - 1 G�"t �� '� �' G� Contract Authorization Vy � . �a r�e�a�� . �` ` ,, ``�y,- IElr`y�� Date Page 3 of 3 �O1 E.1VIain Ste 201 O. � Crowley, �'exa� '�6036 . By: �� " ��Z� Title: ��,lGvl [�f� /�� Entiiy Attorney Title ��,�X��s �`�.� y �, .. . � /�`i,� .• \ �f/ e'" c�'� L�' ''t �� ., , � � � � � � C�a�Y�act Authorization i.� �� n � �'}� - (_ � � . �`� �j 1,� 1 n •� L l��' ` ` . /:_. `J . I / � � � � - - - - _�-- =y�..-- � �FFICIAL RECORD ��T� SECRETARY F'T'. VYURiH, TX � '.I Assistant City Manager ; � � s City of Fort Worth, Texas Mayor and Councii C • • ommun�cat�on DATE: Tuesday, January 15, 2008 LOG NAME: 13P07-0130 REFERENCE NO.; **p-10710 SU-__T: Authorize Cooperative Purchasing Agreements for Goods and Services Between the Cit Worth, Local Governments and Local Cooperative Organizations AuthoriZed b the Texy �f Fort Government Code Y as Locaf �i��% i� u . • i • ► it is recommended that the City Council authorize the City Manager to execute Cooperative Agreements for goods and services between the City of Fort Worth, local governments cooperative purchasing organizations authorized by the Texas Locai Govemment Code. DISCUS310N: Purchasing and local The Purchasing Division will use this authorization to contract with local governments and local coo erativ organizations to obtain goods or services. The use of these contracts ailows the City of Fort Wortht o take advantage of lower prices without the cost of competitive bidding by obtairnng access to existin competitively procured contracts with entities such as Tarrant County, Houston-Galveston Area Councig Texas Association of Schooi Boards' Local Government Purchasing Cooperative and U.S. Communities. '�; � This authorization wili aliow other loca! governments such as Tarrant County, the Ci City of Grand Prairie to participate in contracts awarded by the City of Fo�t Worth that ma resu ' addition of other entities' quantities at the next bidding opportunit . Incre • � of Arlington and the services bid increases the possibility of lower prices to the City through grea�ter economi y �t �n the Y asmg the volume of goods and of the contract participants may terminate the agreement with written notice to the other party f scale. Either Section 271.102(a) of the Texas Local Government Code ailows local cooperative purchasing programs. Section 271.102(cj of the Code prov,des h tea lo a�Participate in purchasing goods or services under a cooperative purchasing program satisfies any state law requirin nthat the local govemment seek competitive bids for purchase of the goods or services. The contracts for ood and services have been competitively bid to increase and simpiify the 9 S governments across the State of Texas. purchasing power of locai The Law Department recommends that the Purchasing Division review these agreements periodicaii . The last M8C regarding execution of agreements with these cooperatives was approved on March 27Y 2001 (MSC C-18510). Going fonNard these agreements will be reviewed every five years. Approvai of this Mayor and Council Communication will not commit the City to spend any funds. Purchases exceeding the administratfve procurement threshoid provided in the City Code of Ordinances wil► be presented to Council for authorization as required. - ---...........v A11VN: .�natThe Finance Director certifies that the execution of these cooperative purchasing agreements wiil have no eriai effect on City funds. �QN107-01301KDK .ogname: 13P07-0130 Page 1 of 2 City of Fort Worth, Texas �l�ll��or And C,aunci( Comn►�un�cAt�an DATE REFERENCE NUMBER LOG NAME 5/1/01 **P-9357 0001-0166 PAGE 1 of 1 SUBJECT AUTHORIZE INTERLOCAL AGREEMENTS FOR GOODS AND SERVICES BETWEEN THE CITY OF FORT WORTH, THE CITY OF EULESS 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 Euless, 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 Euless is seeking interlocal agreements with the City of Fort Worth in order to access various commodities or services provided by contracts or purchase agreements. Tarrant County and the cities of Southlake, Haltom City, Colleyville and North Richland Hills have previously requested and received contracts for interlocal agreements to access the City of Fort Worth`s contracts and agreements. 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 action will have no material effect on City funds. CB:k BQ N/01-0166/M LL Submitted for City Manager's Office by: Charles Boswell Originating Department Head: Jim Keyes Additional Information Contact: 8511 8517 FUND I ACCOUNT (to) (from) CENTER I AMOUNT I CITY SECRETARY Robert Combs 8357