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HomeMy WebLinkAboutContract 26111 CITY SECRETARY CONTRACT NUMBER LLQ INTERLOCAL GOVERNMENTAL CONTRACT FOR PURCHASING CITY OF FORT WORTH AND TARRANT REGIONAL WATER DISTRICT This contract is made and entered into this 6th day of Jung 2000 by and between the Tarrant Regional Water District, a governmental agency, (hereinafter referred to as the District), acting by and through its duly authorized -Tamp, M_ oLver General Manage and the City of Fort Worth, (hereinafter referred to as Fort Worth) acting by and through Charles Boswell, its duly authorized Assistant City Manager. WHEREAS, TARRANT REGIONAL WATER DISTRICT and Fort Worth (hereinafter collectively referred to as the "parties" or either"party" and political subdivisions of the State of Texas authorized to contract with each other relative to governmental functions and services by the Interlocal Cooperating Act, Texas Governmental Code, Chapter 791; and WHEREAS, the parties believe that cooperating in the purchasing of various goods, materials, Equipment and supplies which both parties use in carrying out their governmental functions and services will enable the parties to obtain these goods, materials, equipment and supplies in better terms and/or prices than by making such purchases individually, and both desire to increase efficiency and effectiveness of such purchasing by acting joint in competitively procuring selected goods, materials, equipment and supplies. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1. AGREEMENT This Contract shall begin on June 6, 2000, and end on October 31, 2000. The Contract shall automatically renew for.one (1) year terms thereafter unless one party gives written notice to the other party of its desire not to renew. The written notice required shall be at least sixty (60) days prior to the expiration of an existing one yearterm. 2. SCOPE AND IMPLEMENTATION It is the intent of the parties that the joint or cooperative purchasing through each other's contracts will be as broad as is allowed by applicable state statutes. Unless otherwise prevented by law, it is the intent of the parties that the two may take part in joint purchase for any goods and services they may need to carry out their governmental functions, and that either one will use reasonable efforts to allow the other to make purchases under its contracts. In each instance, however, there shall be a "purchasing agreement" or "purchase order" issued by the entity desiring to make the purchase, and agreed to or countersigned by the entity having the contract with the supplier of goods or services, or which is the lead entity in that contract, which purchasing agreement or purchase order shall specify the supply contract in question and set out any ,and all terms and conditions appropriate to such joint purchase. The purchasing agreement or purchase order shall be acknowledged by the supplier and shall be considered as being issued under this agreement and shall be subject to all of the terms and conditions of this agreement witho e being set out or specifically referred to in such purchasing agreement or purchase or 'GDh':� �j�lGU1© PAGE#1 l�J��U U �l��G°?, AV 3. COMPENSATION The parties agree to share the cost of the respective joint solicitations in a fair and equitable manner, to be agreed upon in connection with each such solicitation. 4. COMPLIANCE WITH LAWS The parties hereby agree to abide by and obey all applicable local, state and federal laws and requirements, which apply to their respective procurement policies. It is specifically understood and agreed that whichever party is handling the preparation and processing of the joint invitations for bid shall comply with all legal requirements for competitive bidding which are applicable to both parties. 5. NOTICES Any notices or other communication required or allowed to be given by one party to the other pursuant to this Contract shall be hand delivered or mailed by United States Postal Service, proper postage affixed to the addresses shown below: To City of Fort Worth: Purchasing Manager City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 To Tarrant Regional Water District Mike Withause 1022 North Calhoun Fort Worth, Texas 76106 6. GOVERNING LAW AND VENUE This contract shall be governed by and interpreted on accordance with the laws of the State of Texas. This contract is entered into and is to be performed, wholly or in part, in the State of Texas and in Tarrant County, Texas. In any action brought under the contract, venue shall be exclusively in Tarrant County, Texas. In the event that any portion of this contract shall be found to be contrary to law,-it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. 7. MISCELLANEOUS PROVISIONS By execution of this contract, each party represents to the other that: a. In performing its duties and obligations hereunder, it will be carrying out one or more governmental functions or services which it is authorized to perform; b. The undersigned officer or agent of the party has been properly authorized bylbat. verning C�fbody to execute this contract and that any necessary resolutions exten i a o t ; e been � `: duty passed and are now in effect; ru- PAGE #2o�`JC' ra�t�Wo C. All payments required or permitted to be made by a party will be made from current revenues available to the paying party; and d. All payments provided at be hereunder by one party to the other shall be such amounts as to fairly compensate the other party for the services or functions performed hereunder. 8. CONSTRUCTION OF CONTRACT This contract represents the full, final and complete agreement of the parties related to its subject matter and may not be added to, contradicted or otherwise modified by evidence of prior or contemporaneous agreement or subsequent oral agreements or statements of either of the parties, nor by any writing not signed by both parties after the date of this contract. No representations, inducements, promises, or agreements, oral or otherwise, not embodied or incorporated herein shall be of any force or effect. In case if any apparent ambiguity or conflict among any of the terms or provisions of this contract, they shall be construed as nearly as possible as to effectuate each and all of such terms or provisions keeping in mind that the overriding purpose of this contract is the public purpose of increasing the efficiency and effectiveness of the respective purchases of goods, materials, equipment and supplies by the parties IN WITNESS WHEREOF, the Parties hereto have executed this contract on this date, the day of JLA rn e , , 2000. City of Fort Worth By: C/l By: NAME hl L ob Terrell TITLE_G 15K16RAJYAS, City Manager ATTEST: ATTEST: By: By: NAklr= NAME ' TITLE ' — City Secretary APPROVED AS TO FORM AND APPROVED AS TO FORM AND LEGALITY LEGALITY / l BY: oUla Jt�Tir� By: �' NA NAME TITLE o, , VA Ast. %rA,t,#Rgfterger Assisstant City Attorney BRENDA R.FRY Contract Authorization ;• MY COMMISSION EXPIRES NOVEMBER 5,2002 Date CM ky PAGE #3 FT. Woo VU 'H 0 yap Sent by:.TARRANT REGIONAL WATER DIST. 817 740 1429; 02/09/00 11 :26AM;J9jFvA--#143;Nage 212 INTERLOCAL.AGREEMENT BETWEEN TARRANT REGIONAL WATER DISTRICT AND THE CITY OF FORT WORTH This agreement is made this_6 th day of unP . 2nnn between the Tarrant Regional Water District and City of Fort Worth; Pursuant to the authority granted by the Texas Interlocal Cooperation Act(VTCA, Government Code Section 791) providing for the cooperation between local governmental bodies, the parties hereto, in consideration of the premises and mutual promises contained herein, agree as follows: 1. The City of Fort Worth hereinafter referred to as the City, agrees to participate in the contracting of Job Shop Services ITB#96-037 cooperative purchasing process with Tarrant Regional Water District, hereinafter referred to as the District. 1I. The City shall be responsible for payment directly to the vendor under the contract entered into pursuant to the cooperative purchasing program, and shall be responsible for the vendor's compliance with all conditions of delivery and quality of the purchased items. 111. P7 'chat-1 Witt-haus is hereby designated as the official representative to act for the District in all matters relating to the program. IV. This agreement shall take effect upon execution by the signatories. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers the day and year first above written. CITY OF FORT WORTH TARRANT REGIONAL WATER DISTRICT k e By: By: t� - Title: Title: sir City of Fort Worth, Texas 4velvor And Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 6/6/00 **P-9108 00-0127 1 of 2 SUBJECT AUTHORIZE INTERLOCAL AGREEMENTS FOR GOODS AND SERVICES BETWEEN THE CITY OF FORT WORTH AND THE TARRANT REGIONAL WATER DISTRICT RECOMMENDATION: It is recommended that the City Council authorize: 1. The City Manager to execute an Interlocal Agreement between the City of Fort Worth and the Tarrant Regional Water District; and 2. A purchase agreement for job shop services for the Water Department based on the Interlocal Agreement with the Tarrant Regional Water District to contract directly with Windham Manufacturing Company, Inc. Freight is included in the prices and payments are due 30 days after receipt of invoice; and a) Job Shop and Technical Services: $50.00 per regular hour and $75.00 per overtime hour b) Materials, Equipment and Supplies: Cost plus 20% markup from Contractor's cost 3. This agreement to begin on the date of City Council approval and end October 31, 2000, with options to renew for two additional one-year periods. DISCUSSION: This service will be used to repair discharge control valves at the four water treatment plants and 15 booster pump stations throughout the City's water distribution system. Equipment in the booster pump stations distribute drinking water throughout the City and to wholesale customer cities. No guarantee was made that a specific amount of goods or services would be purchased. The estimated expenditure for this agreement is $65,000.00 per year. The Texas Interlocal Cooperation Act, Title 7, Chapter 791 authorizes local governments to contract with each other relative to governmental functions, such as purchasing. Section 791.025 (c) states that a local governmental entity that purchases goods and services under this section satisfies any state law relative to the competitive bidding requirements. This interlocal agreement with the Tarrant Regional Water District automatically renews each year until one party submits written cancellation notice. RENEWAL OPTIONS - The purchase agreement with Windham Manufacturing Company, Inc. may be renewed for up to two successive one-year terms at the City's option. This action does not require specific City Council approval, provided that the City Council has appropriated sufficient funds to satisfy the City's obligations during the renewal term. City of Fort Worth, Texas a "611jor And councilCommunication DATE REFERENCE NUMBER LOG NAME PAGE 6/6/00 **P-9108 00-0127 2 of 2 SUBJECT AUTHORIZE INTERLOCAL AGREEMENTS FOR GOODS AND SERVICES BETWEEN THE CITY OF FORT WORTH AND THE TARRANT REGIONAL WATER DISTRICT FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated of the Water and Sewer Fund. CB:I BQN/00-0127/FH Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by: (to) Charles Boswell 8511 APPROVED Originating Department Head- ITY COUNCIL Jim Keyes 8517 (from) JUN 6 20M Additional Information Contact: city Secretary of the Robert Combs 8357 City of Fort Worth,T..