The URL can be used to link to this page

Home My WebLink AboutContract 42532 City of Fort Worth & City of Baytown Cooperative Purchasing Agreement FORT WORTH CITY SECRETARY CONTRACT NIA. Z. COOPERATIVE PURCHASING AGREEMENT This Cooperative Purchasing Agreement ("Agreement") is made and entered into as of the date written below between the City of Baytown ("Baytown") and the City of Fort Worth, Texas ("Fort Worth"). WHEREAS, both Baytown 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, Baytown 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, Baytown and Fort Worth agree as follows: SECTION 1. The purpose of this Agreement is to provide Baytown 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. SECTION 5. This Agreement will be subject to all applicable federal, state and local laws. ordinances, rules and regulations. r � 0 F F I C I A L 'R Rf', Page 1 of 3 CITY SLk�TAKY 0 WQRTH, TX City of Fort Worth & City of Baytown Cooperative Purchasing Agreement 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 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 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 Baytown 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 & City of Baytown Cooperative Purchasing Agreement EXECUTED this 10 day of , 2011 �. CITY of FORT WORTH CITY of BAYTOWN 1000 Throckmorton Street 2401 Market Street Fort Worth, Texas 76102 Baytown x 77 20 By: By: Tom Higgins R pert D. Leiper City Manager Title: City Manager APPROVED AS To FORM AND LEGALITY: C141acio Ramirez, Sr. Assistant City Attorney City Attorney Contract Authorization Marty Hendrix, y Secretary et' is Brysch,6City de rk Date l ,��- off XY 0 0 0��` po �4 "Na 0 0 Q � 0 a 00) co c 4 00 .d F i 41 bLCRETARY Page 3 of 3 FT. 1�+��'� :��: CillY Fort Worthr Mayor and Counc I C Texas ommuno to ica ion DATE: Tuesday, January ry 15, 2008 LOG NAME: 13P07--0130 tUDj1Xj: REFERENCE No.: **P-10710 P 107'10 Authorize Purchasing Cooperative • � A regimen# Worth, Local Gov s for Goods and Services Governments and Local Cooperative erv�ces Between the City f Government code �Ye Grganizations Authorized Y Fort horjzed by the Texas Local It is recommended that the Agreements City Council authorize the ' 9 err�ents for goods and services City Manager to execute ces between the City of Cooperative Purchasing authorized by the Texas Local govemments and local Government Code. DISQUADM: The Purchasing Division will u ' organizations use this authorization to contra 9 ns to obtain goods or services ct with local governments an advantage of lower . The use of these contracts d local cooperative prices without the cost of , allows the city of Fort Wort competitively procured contra competitive bidding b obtaining h to take cts with entities such as Ta 9 y al access to existing Texas Association of School 8 want Coun , Houston-Galveston rig oards' Local Govern tY ston-Galveston Are • merit Purchasing Cooperative a Council, � ' p e and t�.S. Co This authorization will allow of mmunities. City f her local governments such tY Grand Prairie to participate as Tarrant County, • addition p •te rn contracts award : City of Arun ton and on of other entities quantities awarded by the City of Fort Worth 9 the es at the next bidding Opportunity. that may result in the services bid increases the Possibility 9 Pportun�ty. Increasin t of the contract bid p ility of tower prices to the City he volume of goods and act participants may terminate � thr�°ugh greater economies the agreement with written n • es of scale. Either notice to the other pa Section 271.10� a of party. • � ) the Texas Local G cooperative Purchasing programs. oVemrnent Code allows local governments urchasi g p 9 ms. Section 271.10 c that to participate ov i Purchasing goods or services u � � of the Code provide n rider a cooperative Purchasing s that a local government the local govemrnent seek • • g prograrr� satisfies . . competitive bids for purchase of the s a+. state taw inquiring that and services have been competitively goods or service bid to increase a s• The contracts for nods governments across the State of Texas. simplify the Purchasing g as. p sing power of Local The Law Department recommends that the Purchasin Divisi regarding execution of agreements g on review these agreements periodically. last & t regar Goin g ments with these cooperatives rch 2 The Going forward these agreements will be r was approved on March �7, �QD1 reviewed every five years. Approval of this Mayor and C , exceeding the Council Communication will not com g e administrative procurement th mgt the City to spend any fund presented to Council fora threshold provided in the City s• Purchases authorization as required. Code of Ordinances will be l A lNF Tl C TI • The Finance Director certify The a es that the execution of these • effect on City funds. cooperative Purchasin are 9 9 ements will have no 13QN\07-0130\KDK agname: 13P07-0130 Page t of 2 ��••■ � ••• +IAccoundCenter� TgM 0 d/Ar.r.g u nj&AnI2M Karen Montgomery (6222) Lena Ellis (8517) ant_.t.. 11wrsf�f'f1�nt Jack Dale (8357) Page 2 of 2 Logname. 13P07-0130