HomeMy WebLinkAboutContract 51246 City of Fort Worth& Wise County
Cooperative Purchasing Agreement
FORT WORTH CITY SECRETARY
CONTRACT NO. 5 J Q z4 to
COOPERATIVE PURCHASING AGREEMENT
This Cooperative Purchasing Agreement ("Agreement") is made and entered into as of
the date written below between Wise County and the City of Fort Worth, Texas ("Fort
Worth").
WHEREAS, both Wise County 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, Wise County 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, Wise County and Fort Worth agree as follows:
SECTION 1. The purpose of this Agreement is to provide Wise County 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
Mpulx st,,the vendor, including all cost of enforcement.
OFFICIAL.RECORD
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City of Fort Worth & Wise County
Cooperative Purchasing Agreement
SECTION 5. This Agreement will be subject to all applicable federal, state and local
laws, ordinances, rules and regulations.
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 Wise County 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 It. 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.
Page 2 of 3
City of Fort Worth & Wise County
Cooperative Purchasing Agreement
EXECUTED this / day of , 2018.
CITY OF FORT WORTH WISE COUNTY
200 Texas Street 101 N Trinity St
Fort Worth, Texas 76102 Decatur,T 76234
By: / By:
iu an anis To C-t"
Title: Assistant City Manager Title: C"kA-V l-k-A-
APPROVED AS TO
FORM AND LEGALITY:
sistant City ttomey�n B. 51T" Enti Attorney itle
M&C P-12061. June 13, 2017
Contract Authorization Contract Autho 'zation
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Date j ate
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Recommended By: XAS
Cynthia Garci , sistant Director— Purchasing
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
// lz��—
Cyn is rcia, ssjstan ctor— Purchasing
OFFICIAL RECORD
CITY SECRETARY
Page 3 of 3 FT.WORTH,TX
M&C Review Page 1 of 2
Official site of the City of Fort Worth,Taus
CITY COUNCIL AGENDA FoRTWXTH
COUNCIL ACTION: Approved on 6/13/2017
DATE: 6/13/2017 REFERENCE NO.: **P-12061 LOG NAME: 13P17-COOP MJ
FMS
CODE: P TYPE: CONSENT PUBLIC HEARING: NO
SUBJECT: Authorize Utilization of 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 (ALL COUNCIL DISTRICTS)
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 Cooperative Agreements
allows the City 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 that may result in the
addition of other entities' quantities at the next bidding opportunity. Increasing the volume of goods
and services increases the possibility of lower prices to the City through greater economies of scale.
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 last Mayor and Council Communication (M&C) regarding authorization to enter into Cooperative
Agreements was approved on January 15, 2008 (M&C P-10710). The Purchasing Division will seek
authorization to enter into Cooperative Agreements every five years.
The Law Department recommends that the Purchasing Division review the Cooperative Agreements
periodically and the Purchasing Division shall conduct such reviews.
Approval of this Mayor and Council Communication will not commit the City to spend any funds.
Purchases through a Cooperative Agreement that exceed the administrative procurement threshold
provided in the City Code of Ordinances will be presented to City Council for authorization as
required.
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that the authorization of this M&C will have no material effect on City
funds.
http://apps.cfwnet.org/council_packet/mc review.asp?ID=24728&councildate=6/13/2017 8/13/2018
M&C Review Page 2 of 2
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Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Aaron Bovos (8517)
Additional Information Contact: Jack Dale (8357)
Marilyn Jackson (2059)
ATTACHMENTS
http://apps.cfwnet.org/council_packet/mc review.asp?ID=24728&councildate=6/13/2017 8/13/2018