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Home My WebLink AboutContract 42504 City of Fort North&Northside Independent School District Cooperative Purchasing Agreement FORT WORTH CITY SECRETARY CONTRACT NO. COOPERATIVE PURCHASING AGREEMENT This Cooperative Purchasing Agreement ("Agreement") is made and entered into as of the date written below between the Northside Independent School District ("Northside") and the City of Fort Worth, Texas ("Fort Worth"). WHEREAS, both Northside 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, Northside 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,Northside and Fort Worth agree as follows: SECTION 1. The purpose of this Agreement is to provide Northside 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. OFFI"AL CWO Page 1 of 3 CITY SECk'ETA Y FT WOR1`8) -.� I - , I P ...,�, ... y __ .... City of Fort worth&Northside Independent School District 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 14. Execution of this Agreement does not obligate Northside 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 shah 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&Northside Independent School District Cooperative Purchasing Agreement EXECUTED this rY1 E t is da of 2011. y CITY OF FORT WORTH Northside Independent School District 1000 Throckmorton Street 5900 Evers Road Fort Worth, Texas 76102 San Antonio,Texas 78238 By-* B r Tom Higgins Inter-im City Manager Title: President, Board of Trustees APPROVED AS TO FORM AND LEGALITY: r Assistant City Attorney P. 100,+'01 - I ;__-,()_B� Contract Authorization Marty Hendrix, ity Secretary L nn Britfofn, Boarg Secretary F AA 0a°00� � Date a a 0 �0 x f 0Fl~, I A L ?n" r0R1)i Page 3 of 3 s CITY SLrRF'rARy N T. wcp ra, T t City of Fort Worth, Texas Mayor and Council u • m nication DATE: Tuesday, January 15, 2008 LOG NAME: 13P07-0130 SUBJECT: REFERENCE NO.: ***P,,10710 Authorize Cooperative Purchasing Agreements for Goods and Services Between t Worth, Local Governments and Local Cooperative Organizations Authorized b the City of Fort Government Code y he Texas Local SECOMMENDATinN• It is recommended that the City Council authorize the City Manager to execute Agreements for goods and services between the City of Fort Worth, oal govemme�nts Purchasing cooperative purchasing organizations authorized by the Texas Local Government Code. and local DI3CIlS310N: The Purchasing Division will use this authorization to contract with local governments and local c organizations to obtain goods or services. The use of these contracts allows the City of Fort Worth to t advantage of lower prices without the cost of competitive bidding by obtainin acces ooperative competitively Procured contracts with entities such as Tarrant County, Houston-Galveston q take Texas Association of School Boards'Local Government Purchasing Cooperative and g s to existing Area Council, U.S. Communities. This authorization will allow other local governments such as Tarrant County, he ' City of Grand Prairie to participate in contracts awarded by the City of Fort Worth that may addition of other entities' quantities at the next bidding opportunity. � CFty of Arlington and the services bid increases the possibility of lower prices to the City through greater economies f esult in the Increasing the volume of goods and of the contract participants may terminate the agreement with written notice to the other party. of 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 prov des hatea local to paovemme�n purchasing goods or services under a cooperative purchasing the local government seek competitive bids for purchase of the Program goods or serveces. The state contracts that and services have been competitively bid to increase and simplify the cts for goods governments across the State of Texas. purchasing power of local The Law Department recommends that the Purchasing Division review these agreements eriodic last M8C regarding execution of agreements with these cooperatives was a P ally. The (M8C C-18510). Going forward these agreements will be reviewed every five years. on March 27, 2001 Approval of this Mayor and Council Communication will not commit the City to spend any funds. P exceeding the administrative procurement threshold provided in the City Code of Ordinances r will presented to Council for authorization as required. be KCAL INFORMATIQwi�coT� The Finance Director certifies that the execution of these cooperative purchasing agreements wil natenal effect on City funds. I have no 13QN107-01301KDK ogname: 13P07-0130 Page 1 of 2 -(mn&Ar,cnuntICAftOAGM Karen Montgomerjl (6222) aee&DIftmJw f-9 IMF— Lena Ellis (8517) ....__-• �-�---�•��n ion act: Jack Date (8357) C Page 2 of 2 Logname: 13P07-0130