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HomeMy WebLinkAboutContract 42514 City of Fort Worth& City of Anna Cooperative Purchasing Agreement FORT WORTH CITY SECRETARY CONTRACT NO. -41` COOPERATIVE PURCHASING AGREEMENT This Cooperative Purchasing Agreement ("Agreement") is made and entered into as of the date written below between the City of Anna ("Anna") and the City of Fort worth, Texas ("Fort,Worth'). WHEREAS, both Anna 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, Anna 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, Anna and Fort worth agree as follows: SECTION 1. The purpose of this Agreement is to provide Anna 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 eater 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, st t1D Flfk a -- 0 R 0 haws, ordinances, rules and regulations, CITY SECREARY r. WORTH, A Page I of 3 1 1 -02-i 1 P 4 : 15 �.. City of Fort Worth& City of Anna 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 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 laves 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 Anna 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 Anna Cooperative Purchasing Agreement EXECUTED this 2- day of , 2011. CITY of FORT WORTH CITY of ANNA 1000 Throe orton Street 101 North Powell Parkway Fort Worth, Texas 76102 An exas 7 09 By: By: Tom Higgins 1p r5 Title: a City Manager Title: Ci M ana er APPROVED AS To FORM AND LEGALITY: Assistant City Attorney City Attorney - F-10 3:�\QL- I - 6- Contract Authorization Marty Hendrix,tity,Secretary Na a Wilkison, City Secretary \ \\ -2"\ b k i ?, ?2 Date Date of F0 4 a a 0 p q 4 04 0 0 d L4-�s � RD CITY SECRETARY FT. WORTH, T� Page 3 of 3 ___j Cily of Fort Worth, Texas 1 a • and Council Co to ica ion DATE. Tuesday, January ry 15, 2008 LOG NAME: 13PO7-013 0 S-UZJM: . REFERENCE No.: ** '10710 P Authorize Purchasing Cooperative • P Agreements Worth, Local Dover for foods and Services Between the City f F Government Code organizations Authorized Y art o razed by the Texas Local It is recommended that the C' . Agreements City Council authorize the Ci 9 ants for goods and services tY Manager to execute Co • cooperative u es between the City of Fort operative Purchasin purchasing organizations auth rt worth, local governments, � orized by the Texas Local g ants and Local Government Code. DI sm: The Purchasing Division will u organizations use his authorization to contract ' g ons to obtain goods or services with local governments and advantage of lower The use of these contracts local cooperative er prices without the cost of . . allows the City of Fort Worth competitively procured contra . . competitive bidden b obtaining to take contracts with entities such as T g Y taining access to existing Texas Association of School 8 � arrant County, Houston-Galveston- .g oards Local Govemment Purchasing n Galveston Area Council Cooperative and U.S. Corn This authorization will alto Communities. City of w other local governments such ty . Grand Prairie to participate • as Tarrant County, the Ci addition of o � in contracts awarded b the ]► of Arlington and the • other entities quantities at the Y e City of Fort Worth that • services bid increases the a next bidding opportunity. Increasing ay result in the Possibility of lower prices to the sing the volume of goods and of the contract participants may City through greater economies y terminate the agreement with written conomies of scale. Either rattan notice to the other a a P �' Section 271-102(a)) of the Texas Local Government Vemrnent Code allorn►s local ova Purchasing programs. Section governments to . purchasing goods or in 271.102(c) of the Code Provides participate i t services under a cooperative Purchasing p ides tha t o local ovemme the local government seek com P Chasing program satisfes an 9 nt and servic petitive bids for purchase of the Y state law requiring that es have been competitively oods or services. The contr governments across bid to increase and sim li acts for goods s the State of Texas. P y the purchasing owe 9 P r of local The Law Department recommends that the Purchasing Division regarding execution of agreements g n review these agreements ' • last &C re tar. Goan f 9 ments with these cooperatives was eriodically. The Going forward these agreements will be reviewed aPPro�ed on March 27, fop 1 awed every five years. Approval of this Mayor and Council exceeding the uncil Communication will not commit 9 e admrnrstrative procurement t mrt the City to spend any funds. Purchases threshold authorization as required. City Code of ordinances will b e EMQA1j_NFQMAT1QN&ERjffjCAjj9N: The Finance Director certifies that the execution of these cooperative on City funds. pe a#roe purchasing agreements will have no 13QN107-01301KDK ogname: 13 PO7-g i 30 Page t of 2 Egg G.■ne�/Af`/!!�!117tiI�j ntem �.� t..�J/Awrn�IfltlCel��eC�. . :__..�.s ■.s� airs O Karen Montgomery (0222) Lena Ellis (8517) Jack Dale (8357) Add Page 2 of 2 Logname: 13P07-0130