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HomeMy WebLinkAboutContract 42694City of Fort Worth & Lubbock ISD Cooperative Purchasing Agreement FORT WORTH CITY SECRETARY CONTRACT NO. L+ Z (p&l COOPERATIVE PURCHASING AGREEMENT This Cooperative Purchasing Agreement ( "Agreement ") is made and entered into as of the date written below between the Lubbock Independent School District ( "Lubbock ISD ") and the City of Fort Worth, Texas ( "Fort Worth "). WHEREAS, both Lubbock ISD 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, Lubbock ISD and Fort Worth are authorized by Section 271.102 of the Local Government Code to pursue mutually beneficial and cooperative purchasing programs. NOW, THEREFORE, for and in consideration of the mutual obligations and benefits contained herein, Lubbock ISD and Fort Worth agree as follows: SECTION 1. The purpose of this Agreement is to provide Lubbock ISD and Fort Worth with additional purchasing options by satisfying the provisions of Section 271.102 of the Local Government Code. SECTION 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 "). SECTION 3. 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. Page 1 of 3 OFFICIAL RECORD! j CITY SECRETARY FT WORTH, TX City of Fort Worth & Lubbock ISD Cooperative Purchasing Agreement SECTION 5. This Agreement will be subject to all applicable federal, state and local laws, ordinances, rules and regulations. SECTION 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. 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 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 8. 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 Tarrant 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. 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 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 term or provision declared illegal, invalid or unenforceable. SECTION 10. Execution of this Agreement does not obligate Lubbock ISD or Fort Worth to make any purchase, to pay any membership fee or to otherwise or in any manner incur any cost or obligation. SECTION 11. This Agreement 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. SECTION 12. 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. SECTION 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 receipt requested, postage prepaid, to the respective city representative set out below, or his /her designee. Page 2 of 3 City of Fort Worth & Lubbock ISD Cooperative Purchasing Agreement EXECUTED this 27th day of October, 2011. CITY OF FORT WORTH 1000 Throckmorton Street Fort Worth, Texas 76102 Tom Higgins City Manager APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney Contract Authorization Date •.4 • • • 11- -1 U- 9,011 Page 3 of 3 LUBBOCK ISD 1628 19th Street Lub ock, T xa 79401 Trustees President Dr. K Garza Superintendent of Schools Dr. Berhl Robertson, Jr. Chief Administrative Officer Jeffre Baum xecutive Director of Finance r G E S�c4e. IF'tL1 Date OFFICIAL RECORD CITY SECRETARY FT, WORTH, TX I City of Fort Worth, Texas Mayor and Council Communic io n DATE: Tuesday, January 15, 2008 LOG NAME: 13P07 -0130 REFERENCE NO.: * *P.10710 Authorize Cooperative Purchasing Agreements for Goods and Services Betw Worth, Local Governments and Local Cooperative Organizations Authorized een the City of Fort Government Code ed by the Texas Local RECOM UMAIM: It is recommended that the City Council authorize the City Manager to Agreements for goods and services between the City of Fort Worth, Cooperative cooperative purchasing organizations authorized by the Texas Local Government Code. governments Purchasing and local DISCUA810N: The Purchasing Division will use this authorization to contract with local governments and organizations to obtain goods or services. The use of these contracts allows the City of Fort W advantage of lower prices without the cost of competitive bidding b local cooperative competitively Worth to take y procured contracts with entities such as Tarrant County, Houston-Galveston Area Council Texas Association of School Boards' Local Government Purchasing Cooperative and U.S. This authorization will allow other local governments such as T Communities. City of Grand Prairie to participate in contracts awarded by the City of Fort Worth addition of other entities' quantities at the next biddin Opportunity. County, the City of Arlington and the services bid increases the possibility of lower prices to the City through ea that may result in the of the contract participants may terminate the agreement l t g pportunio Increasing the volume of goods and with written notice t greater other party f scale. Either Section 271.102(a) of the Texas Local Government Code allows local governments cooperative purchasing programs. Section 271.102(c) of the Code provides that a local government Purchasing goods or services under a cooperative Purchasing to Participate in the local government seek competitive bids for purchase of the goods or services. The contracts or goods and services have been competitively bid to increase Program satisfies any state law requiring that governments across the State of Texas. a and simplify the for goods Purchasing power of local The Law Department recommends that the Purchasing Division review these agreements last M&C regarding execution of agreements with these cooperatives was a pproved on March 27, 2001 (M&C C- 18510). Going forward these agreements will be reviewed every rive ears. Periodically. The Y Approval of this Mayor and Council Communication will not commit the City to spend an f exceeding the administrative procurement threshold provided in the Ci ty presented to Council for authorization as required. P Code of Ordinances will be Y funds. Purchases FISCAL INFORMATION/ RTIFI ATION: The Finance Director certifies that the execution of these cooperative purchasing agreements naterial effect on City funds. ' 9 ants will have no 13QN107- 01301KDK ogname: 13P07 -0130 Page 1 of 2