HomeMy WebLinkAboutContract 45386 City ofl"X7
'ort Worth & Midland Cow-it
Cooperative Purchasing Agreement
OR WORT11 CITY SECRETARY
" I
CONTRACTNO. _!j�*7 CP
COOPERATIVE PURCHASING AGREEMENT
This Cooperative Purchasing Agj'Vernent ("Agreement") is made and entered into as of
the date written below between Midland County and the City of Fort Worth, Texas ("Fort
Worth").
WHEREAS, 'both Midland County and Fort Worth have each determined a, need for a
cooperative agreement to purchase like goods and sere ices to avoid duplicate
procurement efforts and obtain the benefits of volume purchasing; and
WHERIC,AS, Midland, County and Fort Worth are authorized by Section 271.102 of the
Local Government Code to pursue mutually beneficial and cooperative purchasing
programs.
NOW, THEREFOR-E, f r and in consideration of the i'llutual obligations and benefits
contained herein, Midland County and Fort Worth agree as follows:
SECTION 1. The purpose of this Agreement is to provide Midland County and Fort
Worth with additional purchastng 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 tinder the direction of and on behalf of, the designating party (the
"Designated Representative").
SECTION 3. At the red, lest 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 of"fer those goods and services to the other party the "Second
Purchasing r I arty") 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.,
OFFICIAL RECORD
CITY'SECRETARy
AL RECO 0
JECRETARY
F 0
To WORTN� TX
Plaae I of 3
C rl V
FES
City of Fort Worth & Midland County
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 A greement 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 acluioiwledge 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 it 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 off`Texas.
SECT m ION 9. If any ter or provision of this Agreement, is held to be illegal, invalid or
unenforceable, the legality, validity or enforceability of the renlaining 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 pities shall endeavor to agree to a legal, valid or
enforceable term l or provision as similar as po�ssible to the term, or provision declared,
illegal, invalid or unenforceable.
SECTION 10. Execution of this Agreement does not obligate Midland County or Fort
Worth to i-nake 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 deer nedan 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 extendim), 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 duty given upon the delivery or receipt thereof, as the case may he
if' delivered personally or sent by registered or certified mail, returil, receipt requested,,
postage prepaid, to the respective city representative set Deft below, or his/her designee.
Page 2 of 3
City of Fort Worth, & Midland County
Cooperative pUrchasing Agreeni,ent
EXECUTED day, 2 v 14
rr y
CITY OF FOR , WORTH MIDLAND COUNJ
1000Throckinorton Street 500 N. Loraine
Fort Worth, Texas 7002 Mlidland, ,rX 79702
0000
By: 46 By-*
Su:an I anis
ian
Title: Assistail C-� Mana r Title:
n
APPROVEDAS TO
FORM AND LEGALITY,
Assistant City Attorney Elitity Attorney Title
M&C P_107 10, January 1.,5, 2008
01
C'.'ointractl Aut'horiz_a,t* Contract,Atithorization
ell
cal J.,
Secretary
Date
Datie
01
wow oaf
r.
..........
OFFICIAL RECORD
CITYSECRETARY
Page 3 of 3 FT.WORTHo TX
t Fort Worth,, Texas
Mavn,,,. r and Council Co uni*cati*on
ON
COUNCIL ACTION: Approved on 1/15/20018
DATE. Tuesday, January 15, 2008 REFERENCE NO **'P-10710
LOG NAME,: 13PO17-0130
SUBJECT:
Authorize Cooperative Purchasing Agreements for Goods and Services Between the City of Fort Worth,
Local Governments, and Local, Cooperative Organizations Authorized by the Texas Local Government
Code
RECOMMENDATION,-,
It is recommended that the City Council authorize the City Manager to execute Cooperative Purchasing
Agreements,for goods and services between the City of Fort Worth, local governments and local
cooperative, purchasing organizations authorized by the Texas Local Government Code.
DISCUSSION:
The Purchasing Division willuse t,hiis authorization to contract with local governments and local
cooperative organizations to obtain goods or services. The use of these contracts allows the City of Fort
Worth to take advantage of lower prices without the cost of competitive bidd'ling, by obtaining, access to
existing competitively procured contracts with entities such as Tarrant County, Houston,-Galveston Area
Council, Texas Association of School Boards' Local Government Purchasing Cooperative and U.S.
Communities.
his a,uithorizati,o�n will allow other local governments such as Tarrant County, the City of Arlington and the
City of Grand Prairie to, participate in contracts awarded by the City of Fort'W'ort,h that may result in the
addition of other entities' quantities at the next bidding opportunity., Increasing the volume of goods and
services bid increases the possibility of lower, prices to the City through greater economies of scale. Either
of the contract part,icipa,nts may terminate the agreement wi'th written notice to the other party.
Section, 271.102(a) of the Texas Local Government, Code allows local governments to participate in
cooperative purchasing programs. Section 27'1.1 02(c) of the Code provides that a local government
purchasing: goods or services under a cooperative purchasing program satisfies any state law requiring
that the local government seek competitive bids:for purchase of the goods or services. The contracts, for
goods and services have been competitively bid to, increase and simplify the purchasing power of local
governments across the S,tate of Texas.
The Law Department recommends that the Purchasing Division review these agreements
periodically. The last M&C regarding execution of agreements with these cooperatives was approved on
March 27, 2001 (M&C C-1 8510). Going forward these agreements will be reviewed every five years.
Approval of this Mayor and Council Communication will not commit the City to spend any funds,.
Purchases exceeding the administrative procurement threshold provided in the City Code of Ordinances
will be presented to Council for authorization as required.
FISCAL INFORMATION CERTIFICATION:
Logiiaine.- 1,3P 17-0t3 Page I of 2
The Finance Director certifies that the execution of these cooperative purchasing agreements will have no
material effect, on City fun s.
BQ1 \07-0130\KDIK
om-
FUND CENTERS:
TO Fund/Accolunt/Cent,ers FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for Q,1 jy M�ana-ger's Office Karen Montgomery (622,2)
to Lena Ellis (8517)
OrIginatinq Department Head:
AddIft'l'onal Information, Contacts. Jack Diale (81357)
ATTACHMENTS
No attachments found.
iamc.- 1,"'P107-0130 Page 2 of 2