HomeMy WebLinkAboutContract 34022 Fort Worth & KENNEDALE
Cooperative Purchasing Interlocal Agreement
CITY SECRETAR,.12
CONTRACT NO. , d�
COOPERATIVE PURCHASING INTERLOCAL AGREEMENT
This Cooperative Purchasing Interlocal Agreement ("Agreement") is made and entered
into as of the date written below between the City of KENNEDALE , Texas
(" KENNEDALE ") and the City of Fort Worth, Texas ("Fort Worth").
WHEREAS, both KENNEDALE 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, KENNEDALE and the 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, KENNEDALE and City of Fort Worth agree as follows:
SECTION 1. The purpose of this Agreement is to provide KENNEDALE 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.
Pagel of 3 �
Fort Worth & KENNEDALE
Cooperative Purchasing Interlocal 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 KENNEDALE
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.
Page 2 of 3
Fort Worth& KENNEDALE
Cooperative Purchasing Interlocal Agreement
EXECUTED this day of2006.
CITY OF FORT WORTH CITY OF KENNEDALE
1000 Throckmorton 405 MUNICIPAL DRIVE
Fort Worth, Texas 76102 KENNEDALE, Texas 76060
City Manager's Office: City Manager's Office:
BY —"74 v
ie
Kare o atgeow Mark ihite
Assistant City Manager TITLE Interim City Manager
'It/llllltll/r:
KENAI.y`
4. �4- a
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ity Secretary's Office: ••.. C♦ •Secretary's Office:
Marty Hendrix Kathy Turwfer
City Secretary TITLE City Secretary
DATE `1'"l DATE 08/10/2006
P—
Contract
Authorizatiox
_—ji-1 (a--� --
Date
Approved as to Form and Legality
City A or ey's ice: City Attorney's Office:
Ass' to ity ttor AaNAM City Attorney
Page 3 of 3 CITY SPCINA MI
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Martin Eagle Oil Company Pagel of 2
Martin Eagle Oil
Company
Horne
Products;Services
Map
Contact Information
Site Map �•
Martin Eagle Oil Company
2700 James Street
Denton,TX 76205
(940)383-2351
(800)867-0518
Products/Services (940)382-9342 fax
PRODUCTS & SERVICES
• Wholesale Fuel
• Kerosene
• Service Station Equipment & Service
• Petroleum Delivery
• Service Station Pump Repair
• Commercial Accounts
• Farm Accounts
• Petroleum Delivery
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Diamond Shamrock
CITGO
Payment accepted in the form of: CITY
http://www.martineagle.net/productsservices/ 7/27/2006
Martin Eagle Oil Company Page 2 of 2
Check
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Cash
Cashier's Check
Home I Prod ucts/Se_ryices I Map Contact Information
Site Manager Sign In
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http://www.martineagle.net/productsservices/ 7/27/2006
M&C Request Review Page 1 of 2
Home Council Agenda I M&C I Employee Directory I Morning Report I Ads I PRS I IT Online I Departments I Site Map
Print M&C
COUNCIL ACTIO Approved on 11/16/2004
DATE: 11/16/2004 REFERENCE NO.: *-6-10042 l LOG NAME: 13PO4-0234
CODE: P TYPE: CONSENT PUBLIC HEARING: NO
SUBJECT: Purchase Agreement for Gasoline with Primary and Secondary Vendors for the City of Fort Worth
and Various Dallas/Fort Worth Metropolitan Area Governmental Entities
RECOMMENDATION:
It is recommended that the City Council authorize:
1. A purchase agreement for gasoline with primary and secondary vendors for the City of Fort Worth and
interlocal agreements with various Dall as/Fort Worth Metropolitan area governmental entities. Prices will be
based on the overall best value of the Dallas Metro Texas OPIS (Oil Price Information Service) Daily Net
Average Price per gallon, sent at 10:00 AM CST for the day the fuel is delivered. Payment is due 30 days
from date the invoice is received. The City takes ownership at the City's storage tank and freight is not
charged;
2. The primary award for gasoline to Martin E agle Oil Company and the secondary award to Sun Coast
Resources Inc. (See the attached bid tabu lation for pricing);
3. The City Manager to execute Interlocal Agreements allowing other public entities to participate in this bid
award in accordance with the Texas Government Code, Section 791, "the Interlocal Cooperation Act."; and
4. This agreement is to begin December 17, 2004 and expire on Decem ber 16, 2005, with options to renew
for three additional one-year periods.
DISCUSSION:
City Departments and various Dallas/Fort Worth metropolitan area governmental entities will use this
agreement to obtain gasoline to supply and operate gasoline-powered equipment. No guarantee was made
that a specific amount of fuel would be purchased. During the previous year the City purchased about
1,001,000 gallons at a cost o f$1,401,844 and various local governmental entities purchased about 1,102,000
gallons at a cost of$1,542,800.
Gasoline was bid as an interlocal agreement to develop and encourage cooperative purchasing efforts to
reduce the cost of gasoline to the City and other Dallas/Fort Worth metropolitan area governmental entities.
The following entities have purchased fuel utilizi ng the current interlocal agreement: City of Arlington, City of
DeSoto, City of Duncanville, City of Grapevine, City of Keller, Tarrant County, Tarrant County College and
Grapevine-Colleyvi lie Independent School District.
Awarding to the secondary vendor will insure that the City and other entities can obtain the best value when
ordering split loads or smaller than tank loads and to provide an uninterrupted supply of fuels during
instances of fuel shortages or curtailments.
http://www.cfwnet.org/council_packet/mc_review.asp?refnum=P-10042 4/4/2005
M&C Request Review Page 2 of 2
BID ADVERTISEMENT—This bid was advertised in the Commercial Recorder on October 6 and 13, 2004.
The Purchasing Division solicited 15 vendors from the purchasing system database. Five vendors responded
with bids.
BID TABULATION— See the attached bid tabulation.
M/WBE -A waiver of the goal for M/WBE subcontracting requirements was requested by the Purchasing
Division and approved by the M/WBE Office because the purchase of goods is from sources where
subcontracting or supplier opportunities are negligible.
RENEWAL OPTIONS —This agreement may be renewed for up to three successive one-year terms at the
City's option. This action does not require specific City Council approval, provided the City Council has
appropriated sufficient funds to satisfy the City's obligation during the renewal term.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the
Equipment Services Fund.
BQN\04-0234\KDK
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by: Richard Zavala (Acting)(6183)
Originating Department Head: Jim Keyes (8517)
Additional Information Contact: Robert Combs(8357)
Kevin Karle(8356)
ATTACHMENTS
Bid Tabulation 04-0234 Gasoline.pdf
ra•r,..,
http://www.cfwnet.org/council_packet/mc_review.asp?refnum=P-10042 4/4/2005
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M&C Request Review Page 1 of 2
�. CF .-tit' I"tiH .�`"r,IKTH
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Print MSEC
COUNCIL ACTION Approved on 3/11/2004
DATE: 3/11/2004 REFERENCE NO.: **P-9929 LOG NAME: 13P03-0316
CODE: P TYPE: CONSENT PUBLIC HEARING: NO
SUBJECT: Purchase Agreement for Diesel Fuel with Primary and Secondary Vendors for the City of Fort
Worth and Various Dallas/Fort Worth Metropolitan Area Governmental Entities
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize a purchase agreement for diesel fuel with primary and secondary vendors for the City of Fort
Worth and Interlocal Agreements with various Dallas/Fort Worth metropolitan area governmental entities.
Prices will be based on the overall low bid of the Dalla s Metro Texas OPIS (Oil Price Information Service)
Daily Net Average Price per gallon, sent at 10:00 A.M. Central Standard Time for the day the fuel is
delivered. Payment is due 30 days from the date the invoice is received, the City takes ownership at the
City's storage tank, and freight is not charged; and
2. Authorize the primary award for diesel fuel to Martin Eagle Oil Company, and the secondary award to
Lucky Lady Oil Company(see the attached bid tabulation for pricing); and
3. Authorize the the City Manager to enter into interlocal purchase agreements with various Dallas/Fort
Worth metropolitan area governmental entities, as requested, based on the same prices, terms and
conditions of the original agreement; and
4. Authorize this agreement to begin March 9, 2004, and expire March 8, 2005, with options to renew for
three additional one-year periods.
DISCUSSION:
City departments and various Dallas/Fort Worth metropolitan area governmental entities will use this
agreement to obtain diesel fuel to supply and operate diesel powered equipment. No guarantee was made
that a specific amount of fuel would be purchased. During the previous year, the City purchased about
1,032,799 gallons of fuel at a cost of $1,128,386, and various local governmental entities purchased about
659,885 gallons at a cost of$719,274.
Diesel fuel was bid as an Interlocal Agreement to develop and encourage cooperative purchasing effo rts to
reduce the cost of diesel fuel to the City and other Dallas/Fort Worth metropolitan area governmental entities.
The following entities have purchased fuel utilizi ng the current Interlocal Agreement: City of Arlington, City of
DeSoto, City of Duncanville, City of Grapevine, City of Keller, Tarrant County, Tarrant County College , and
the Grapevine-Col leyville Independent School District.
Awarding to the secondary vendor will ensure tha t the City and other entities can obtain the best value when
ordering split loads or smaller than tank loads, to provide an uninterrupted supply of fuels during instances of
fuel shortages or curtailments, or if the primary vendor does not exercise a renewal option of the agreement.
http://www.cfwnet.org/council_packet/mc_review.asp?refnum=P-9929 10/22/2004
M&C Request Review Page 2 of 2
BID ADVERTISEMENT—This bid was advertised in the Commercial Recorder on December 24 and 31,
2003. The Purchasing Division solicited 15 vendors from the purchasing system database. Six vendors
responded with a bid.
BID TABULATION —See the attached bid tabulation.
M/WBE -A waiver of the goal for M/WBE subcontracting requirements was requested by the Purchasing
Division and approved by the M/WBE Office because the purchase of goods is from sources where
subcontracting or supplier opportunities are negligible.
RENEWAL OPTIONS —This agreement may be renewed for up to three successive one-year terms at the
City's option. This action does not require specific City Council approval, provided the City Council has
appropriated sufficient funds to satisfy the City's obligation during the renewal term.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the
Equipment Services Fund.
BQN\03-0316\KDK
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by: Charles Boswell (6183)
Originating Department Head: Jim Keyes (8517)
Additional Information Contact: Robert Combs(8357)
Kevin Karle (8356)
ATTACHMENTS
Bid Tabulation 03-0316b.xls
http://www.cfwnet.org/council_packet/mc_review.asp?refnum=P-9929 10/22/2004
BID TABULATION 03-0316 Estimated IMartin Eagle Oil Company Lucky Lady Oil Company
CATEGORY 2 DIESEL FUEL Gallons Denton TX. Fort Worth TX.
#1 DIESEL Primary Vendor Second Vendor
Transport/7500 gl or more/Deliver 7,500 0.0180+ $135.00 0.0220+ $165.00
Short transport/4000-7499 gl/Deliver 4,000 0.0280+ $112.00 0.0320+ 128.00
Tank wagon/3999 gl or less/Deliver 2,000 0.0480+ ja6..N 0.0400+ 80.00
Tank wagon/3999 gl or less/Pick up 2,000 0.0100+ 20.00 0.0100+ 20.00
SECTION TOTAL Plus+ $363.00 Plus+ $393.00
#2 DIESEL
Transport/7500 gl or more/Deliver 300,000 0.0040+ $1,200.00 0.0170+ $5,100.00
Short transport/4000-7499 gl/Deliver 1,500,000 0.0140+ $21,000.00 0.0270+ $40,500.00
Tank wagon/3999 gl or less/Deliver 200,000 0.0440+ $8,800.00 0.0500+ $10,000.00
Tank wagon/3999 gl or less/Pick up 300,000 0.0045+ $1,350.00 0.0100+ .$3,000.00
SECTION TOTAL Plus+ $32.350.00 Plus+ $518.600.00
70130 BLEND DIESEL
Transport/7500 gl or more/Deliver 7,500 0.0400- 300.00 0.0300- 225.00
Short transporU4000 7499 gl/Deliver 4,000 0.0300- 120.00 0.0100- 40.00
Tank wagon/3999 gl or less/Deliver 2,000 0.0125- 25.00 0.0000- 0.00
Tank wagon/3999 gl or less/Pick up 2,000 0.0400- 80.00 0.0400+ 80.00
SECTION TOTAL Minus- $525.00 Minus- $185.00
Charge for split load 1 EACH 15.00 15.00 30.00 30.00
Charge for smaller than tank load 1 EACH 25.00 25.0025.00 25.00
TOTAL FOR DIESEL $32,228.00 $58.863.00
PRICE DOES NOT INCLUDE OPIS FOR DIESEL
The Primary vendor is listed first and the Secondary vendor is listed second.