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City of Fort Worth & VIA
Cooperative Purchasing Agreement
FORT WORTH CITY SECRETARY
CONTRACT NO. 4o-`A
COOPERATIVE PURCHASING AGREEMENT
This Cooperative Purchasing Agreement ("Agreement") is made and entered into as of
the date written below between the VIA Metro Transit ("VIA") and the City of Fort
Worth, Texas ("Fort Worth").
WHEREAS, both VIA 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, VIA 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, VIA and Fort Worth agree as follows:
SECTION 1. The purpose of this Agreement is to provide VIA 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 tedcral. state and local
ImNs. ordinances, rules and >'egu atlons.
OFFICIAL RECORD
CITY SECRETARY
Page 1 of" FT. WORTH, TX
08- 12- 1 1 Pk4 :26 IN
City of Fort Worth & VIA
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 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 VIA 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.
Pagc 2 of")
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City of Fort Worth & VIA
Cooperative Purchasing Agreement
EXECUTED this , day of 2011.
CITY OF FORT WORTH
1000 Throckmorton Street 800 W. Myrtle
Fort Worth, Texas 76102 San Antonio, Texas 78212
133'e— By:
Karen L. Montgomery Terry Dud 't5 1Z
Title: Assistant City Manager Title: Contracting Officer and
Manager of Procurement
APPROVED AS TO
FORM AND LEGALITY:
N/A
Charlene Sanders
Assistant City Attorney Entity Attorney Title
1 o�iD, ���_��S N/A
Contract Authorization
N/A
Marty Hendrix, ity Secretary
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Date � o° °Qa�� �d Date /
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CIAL RECORD
SECRETARY
WORTH, TX
Page 3 o t"3
City of Fort Worth, Texas
Mayor and Council C
on
DATE: Tuesday, January 15, 2008
LOG NAME: 13P07-0130
REFERENCE NO.: "P-10710
Authorize Cooperative Purchasing Agreements for Goods and Service
Cooperative Organizations Autho Between the City of Fort
Worth, Local Governments and Local Coozed by the Texas Local
Government Code on
RECOMM lune,•v,. .
It is recommended that the City Council authorize the City Manager
Agreements for goods and services between the City of Fort Worth, local
cooperative purchasing organizations authorized by the Texas g r to execute gov
Cooperative Purchasing
Local Government Codeernments and local
DISCUSSION:
The Purchasing Division will use this authorization to contract with local government
organizations to obtain goods or services. The use of these contracts allows the Ci of
advantage of lower prices without the cost of competitive bidding b obtaining sand local cooperative
competitively procured contacts with entities such as Tarrant County, ty Fort Worth to take
Texas Association of School Boards' Local Government Purchasing Cooperativey arcing access to Council
ty, Houston-Galveston Area Council,
This authorization will allow other local and U.S. Communities.
City of Grand Prairie to participate in contracts awarded by the such as rCityrant
of F rt the City of Arlington and the
addition of other entities' quantities at the next bidden opportunity.
services bid increases the possibility t lower prices to the ort g the that may result in the
of the contract participants may terminate theagreement lgitytr Increasing the volume of goods and
City through greater economies of scale. Either
with written notice to the other party.
Section 271.102(a) of the Texas Local Government Code allows local governments
cooperative purchasing programs. Section 271.102(c) of the Code Provides hata Iota participate in
Purchasing goods or services under a cooperative purchasing
the local government seek competitive bids for purchase of the goods or services, cal government
and services have been competitively bid to purchase
increase program satisfies any state law requiring that
governments across the State of Texas. The contracts for goods
and simplify the purchasing power of local
The Law Department recommends that the Purchasing Division review these agreements
last M&C regarding execution of agreements with these cooperatives was approved on March 27, 2001
(M&C C-18510). Going forward these agreements will be reviewed eve five Pp g ments periodically. The
every years.
Approval of this Mayor and Council Communication will not commit the City to spend
exceeding the administrative procurement threshold Provided in the Ci
Presented to Council for authorization as required. p d any funds. Purchases
City Code of Ordinances will be
FISCAL INFORMATION/C RTIF'^"TION:
The Finance Director certifies that the execution of these cooperative purchasing agreements will have no
naterial effect on City funds.
BQN107-01301KDK
ogname: 13P07-0130
Page 1 of 2
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office-by; Karen Montgomery (6222)
Originating DeRartment Head: Lena Ellis (8517)
Adslitlonal Infonnation Contact: Jack Dale (8357)
Logname: 13P07-0130 Page 2 of 2