HomeMy WebLinkAboutContract 47196 City of Fort Worth &Austin
Cooperative Purchasing Agreement Ci,,A RACT N -
COOPERATIVE PURCHASING AGREEMENT
This Cooperative Purchasing Agreement ("Agreement") is made and entered into as of the last
date written below between the City of Austin ("Austin"), and the City of Fort Worth, Texas
("Fort Worth").
Both Austin 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.
Austin and Fort Worth are authorized by Section 271.102 of the Texas Local Government Code
to pursue mutually beneficial and cooperative purchasing programs.
The Parties therefore agree as follows:
1. Purpose. The purpose of this Agreement is to provide Austin and Fort Worth with additional
purchasing options by satisfying the provisions of Section 271.102 of the Texas Local
Government Code.
2. Purchasing Procedure.
2.1. Designated Representative. 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").
2.2. Vendor Agreement. 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.
2.3. Payments and Contract Monitoring. 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 determine 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.
2.4. No Obligation.Execution of this Agreement does not obligate Austin or Fort Worth to
make any purchase, to pay any membership fee or to otherwise incur any cost or
obligation. A
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City of Fort Worth &Austin
Cooperative Purchasing Agreement
3. Miscellaneous.
3.1. Duration. This Agreement is effective on the date of the last signature below and shall
automatically renew annually until terminated by either party.
3.2. Termination. Either party may terminate this Agreement, without cause or penalty,
upon not less than thirty days written notice to the other party.
3.3. Alteration. This Agreement may not be altered, amended, or modified except
with written agreement from both of the Parties.
3.4. Governing Law and Venue. This Agreement will be subject to all applicable federal,
state and local laws, ordinances, rules and regulations. If any action arises based on any
provision of this Agreement, venue for such action shall lie in state or federal courts in
accordance with the laws of the State of Texas.
3.5. Interpretation. 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.
3.6. Severability. 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.
3.7. Agreement Execution and Authority. This Agreement may be executed in multiple
counterparts, each of which shall be deemed an original, and all of which shall constitute
but the same instrument. The undersigned officers or agents are authorized to execute
this Agreement on behalf of the parties, and each party certifies to the other that any
necessary actions extending such authority have been duly passed and are now in full
force and effect.
3.8. Notice.All notices, requests, demands, and other communications required or permitted
under this Agreement must be in writing. Notice will be deemed received 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.
3.9. Headings. The headings in this Agreement are for reference purposes only and are not
intended to affect the meaning or interpretation of the Agreement in any way.
Page 2 of 3
City of Fort Worth &Austin
Cooperative Purchasing Agreement
EXECUTED this day of - , 2015.
CITY OF FORT WORTH CITY OF AUSTIN
1000 Throckmorton Street P.O. Box 1088
.Fort Worth,
Texas Austin,
7-1088
By.
7 s Alanis y
Title: Assistant City Manager Title: . h t'tk A-S M C.) "° 0A
APPROVED AS TO
FORM AND LEGALITY:
Assistant City Attorney Assistant City Attorney
M&C P-10710 January 15 20081
6,
Contract Authorization
Q
Mary J. Kaysrer,City S'6cretary
Date
e
Page 3 of 3
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
AM I Fi`lE1T'A"�1RT11
COUNCIL ACTION: Approved on 1/15/2008
DATE: 1/15/2008 REFERENCE NO.: **P-10710 LOG NAME: 13P07-0130
CODE: P TYPE: CONSENT PUBLIC HEARING: NO
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 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 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.
This authorization 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 Worth 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 participants may terminate the agreement with 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 271.102(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 State 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-18510). Going forward these agreements will be reviewed every five
years.
http://apps.cfwnet.org/council_packet/mc—review.asp?ID=8981&councildate=1/1 5/2008 11/3/2015
M&C Review Page 2 of 2
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:
The Finance Director certifies that the execution of these cooperative purchasing agreements will
have no material effect on City funds.
BQN\07-0130\KDK
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by: Karen Montgomery (6222)
Originating Department Head: Lena Ellis (8517)
Additional Information Contact: Jack Dale (8357)
ATTACHMENTS
http://apps.cfwnet.org/council_packet/mc review.asp?ID=8981&councildate=1/15/2008 11/3/2015