HomeMy WebLinkAboutContract 48394 City of Fort Worth&North Central Texas Council of Governments
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 North Central Texas Council of Governments (NCTCOG)
and the City of Fort Worth,Texas ("Fort Worth").
WHEREAS,both the North Central Texas Council of Governments 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, the North Central Texas Council of Governments 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, the North Central Texas Council of Governments and Fort Worth agree
as follows:
SECTION 1. The purpose of this Agreement is to provide the North Central Texas
Council of Governments 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. NCTCOG administers the North Texas SHARE cooperative purchasing
program for the benefit of public sector entities primarily in the North Central Texas region.
This Agreement authorizes the City of Fort Worth to participate in North Texas SHARE.
This agreement also authorizes NCTCOG to serve as a coordinating agent to administer
the use of eligible City of Fort Worth contracts to other participants of the North Texas
SHARE program to the extent that the City of Fort Worth's solicitation documents contain
such coordinating agent authorization language.
OFFICIAL RECORD
CITY SECRETARY
Page 1 of 3 FT.WORTH,TX
City of Fort Worth&North Central Texas Council of Governments
Cooperative Purchasing Agreement
SECTION 5. 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 6. This Agreement will be subject to all applicable federal, state and local
laws, ordinances, rules and regulations.
SECTION 7. 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 8. 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 9. 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 10. 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 11. Execution of this Agreement does not obligate The North Central Texas
Council of Governments, Texas 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 12. 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 13. 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.
Page 2 of 3
City of Fort Worth&North Central Texas Council of Governments
Cooperative Purchasing Agreement
SECTION 14. 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.
EXECUTED this /-Rlk day of /M} 2016.
CITY OF FORT WORTH NORTH CENTRAL TEXAS COUNCIL
OF GOVERNMENTS
1000 Throckmorton Street 616 Six Flags Drive
Fort Worth, Texas 76102 Arlington, Texas 76011
By: By:
Su Alanis Monte Mercer
Title: Assistant City Manager Title: Deputy Executive Director
APPROVED AS TO
FAND LEGALITY:
O :
'//I/�4'..' -A
110n 444
Assistant City Attorney Agency orney
M&C P-10710, January 15, 2008 N/A
Contract Authorizati n Contract Authorization
N/A _
Mary J. Ka ser, ity ecr30
0 0
n"fit I
Date 1 �oo °� bate
Z0006 all
Recommended By: r '
llzole-�'/
Aaron ov s, Director of Finance/CFO
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
------------
Page 3 of 3
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FOR »
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=l/15/2008 11/22/2016
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=l/15/2008 11/22/2016