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Home My WebLink AboutContract 45506 City of Fort Worth& Sachse 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 City of Sachse ("Sachse"), and the City of Fort Worth, Texas ("Fort Worth"). WHEREAS, both Sachse 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 WHEREAS7 Sachse and Fort Worth are authorized by Section 271.102 of the Local Govemment Code to pursue mutually beneficial and cooperative purchasing programs. 11 1 NOW, THEREFORE, for and in consideration of the mutual obligations and benefits contained herein, Sachse and Fort Worth agree as follows: SECTION 1. The purpose of this Agreement is to provide Sachse and Fort Worth with additional purchasing options by satisfying the provisions of Section 27'1.102 of the Local Governinent 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 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 pai d directly to the vendor and not to the First Purchasing Party. The Second Purchasing Party shall have the 'b'fity of determining whether the vendor has complied with any provisions in its responsi i i I I with the vendor, contract wt including but not limited to those relating to the quality of items rn and terms of delivery, and shall be responsible for enforcement of its contract against the M vendor, including all cost of enf-orcement. IJ rn, C--j SECTION 5. 'J."his Agreement will be Subject to all applicable federal, state and local laws, ordinances;, rules and regulations. 1 Page I. of 3 City of Fort Worth & Sachse Cooperative Purchasing Agreement SECTION q. Th-is Agreement may be terminated by either party, without cause or penalty, upon' "not t'6s 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 i 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 10 unenforceable, the legality, validity or enforceability of the remaining terms or provisions of this Agreement shall not be affected thereby, and hi 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 'A'greement does not obligate Sapse 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 patty, hereby celtiffies to the other that any necessary actions extending such authority have been duly passed and are now in full force and effect. SECTION 13. AR 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 ClIty of Fort Worth & Sachs Cooperative Purchasl'ng Agreement EXECUTED this day of 12014. CITY OF FORT WORTH THE CITY OF SACHSE 1000 .roc Orton Street 3815-B Sachse Road -10 Fort Worthi-Texas 7 Sachsq, T <t7l B By: y :S LEt Alanis Wflliam K. George am ik ill is I Title: Assi'stant,City.......Manag, Title-. City Manner APPROVED,AS TO FORM AND LEGALITY: C fty Attorney Assistant City Attorney 10710,January 15,2008 Contra, t Author'tzaflon Contract Authon"zation vk" ml;ry J. Kayser, C1`ty Se'c"''r"tary Te/ry Smi'th, 01 y Secretary Date Date IJ Page 3 of 3 City off'Fort Worth Texas Mayor art Councl'l 'co uniocatimon COUNCIL ACTION, Approved on- 1/15/2008. BATE: Tuesday, January 15, 2008 REFERENCE NO.: **P-10710 LOO NAME: 13PO7-0130 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 g 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 will use this 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 bidding by obtainin g access to existing competitively procured contracts with entities such as Tarrant County,y, -- n Galveston Area Council, Texas Association of School Boards Local Government Purchasing Cooperative and U.S. Communities. y This authorization will allow other local governments such as Tarrant County,_ , City of Arlington and the City of Grand Prairie to participate in contracts awarded by the City of Fort worth that may result in the addition of other entities' quantities at the next bidding opportunity. Increasin the . s � g g volume of goods and services bid increases the possibility of lower prices to the City through greater economies of scale. Either of the contract participants may terminate the agreement with written notice to the other party. Section 271.102(a) of the Texas Local Government Code allows local ove g rnments to participate in cooperative purchasing programs. Section 271.10 2(c) of the Code provides that a local government purchasing goods or services under a cooperative purchasing program satisfies any state law requiring q g 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 p fy the purchasing power of focal governments across the State of Texas. The Law Department recommends that the Purchasing Division review these . g ese agreements periodically. The last M&C regarding execution of agreements with these cooperatives was approved on p pp March 27, 2001 (M&C C-18510). 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 rovided in the City cod p y e of ordinances will be presented to Council for authorization as required. FISCAL INFORMATION 1 CERTIFICATION: Logname: 13PO7-0I30 Page 1 of 2 The Finance Director certifies that the execution of these cooperative purchasing agreements will have no material effect on City funds. BQN\07-01301KDK FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's office b Karen Montgomery (6222) Originatin..q Department Head: Lena Ellis (8517) Additional Information Contact: Jack Dale (8357) ATTACHMENTS No attachments found. L.ogn-une: 13PO7-0130 Page 2 of 2