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Home My WebLink AboutContract 34892Fort Worth & Flowet• Mound Cooperative Purchasing Agreement 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 Town of Flower Mound, Texas ("Flower Mound"), and the City of Fort Worth, Texas ("Fort Worth"). WHEREAS, both Flower Mound and Fort Worth have each deteimined a need for a cooperative agreement to purchase lilce goods and services to avoid duplicate procurement efforts and obtain the benefits of volume purchasing; and WHEREAS, Flower Mound 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, Flower Mound and Fort Worth agree as follows: SECTION 1. The purpose of this Agreement is to provide Flower Mound 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. Page 1 of 3 ; .; ; .� 1 �.�:� : � �: u v ,�: �:� ? I�.i :,; :;atii;-:�,��,`;;�r,l :�� G �� 'v :F: 5 is'�� +l U � ��, '��,�:`�;;�;�i,t�j �?�_2�;i3 .. Fort Worth & Flower Mound 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 shall remain in effect from the date of execution until terminated by either party. This Agreement may be terminated, 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 i•esolved 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 ar 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 Flower Mound 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 representative set out below, or his/her designee. Page 2 of 3 �;;? z �, -- �, ., ��: ,'� �. � i;'�� i !? Si� �;. ,qi �l� -� �,. . : .`. �e� �;�) f;'�7 ��a7��iy ,`lf�/;.�;t .;�i'!p;7;7 _-�i� c��,:i��=�ir�;r � •:�q , ,; , �� r'lr �'.r�" �. (; � �,j ��% !'u, ..��:ili��Ii� U��;;o �"-----��.�. Fort Worth & Flower Mound Cooperative Purchasing Agreement EXECUTED this 18th day of January, 2007. CITY OF FORT WORTH 1000 Throckmorton Street Fort Worth, Texas 76102 City Manager's Office: � Gt;!.,C.� �?� - �, ,-�=-4y Karen L. Montgomery ,� �- ��/ �' Assistant City Manager/CFO �� City Secretary's Office: �� — Marty Hendrix City Secretary DATE � � Approved as to Form and Legality City L : Amy R Assista ttorney — ��,�� or�t.:,..�r. �_ F�tit_a-a_n�-?. ��tio� �r� �-�-��-��- - � - - �?� �e Page 3 of 3 TOWN OF FLOWER MOUND 2121 Cross Timbers Road Flower Mound, Texas 75028 Jod A. ith Mayor Town Secretary's Offi�•t: � � �} / �(f I ! r ' �J � 4�1-�L�� Paula Paschal � �� Town Secretary DATE �� /�� Approved as to Form and Legality Town Attorney's Of�ce: ' J -''-'�� Terrence S. Welch Town Attorney � � l �;Ic,=. . �. ��:; ; i ', l , : 5 ��:7 ��:� 1 i �� l rr� . ,-�� ss�, , �,, ��' y',� '.�:�':`�,�':' ;� •--, tr �'^'; `.:�;,; �. �; � � ; �� '.1l1'p ��G•.� f �� , . _ ��:, . e �,__. -- _._.___�.—__s..�,-. City of Fort Wo�tlz, Texas �11��a� And C,aunc�il Caminun�cAt�ian DATE REFERENCE NUMBER LOG NAME PAGE 3/11/99 **p_8802 99-0059 1 of 1 SUBJECT AUTHORIZE INTERLOCAL AGREEMENTS FOR GOODS AND SERVICES BETWEEN THE CITY OF FORT WORTH, THE CITY OF GRAPEVINE AND OTHER GOVERNMENTAL ENTITIES RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute interlocal agreements between the City of Fort Worth, the City of Grapevine and other governmental entities who request such interlocal agreements for the purchase of goods and services. DISCUSSION: The Texas Local Government Code, Chapter 271.102, authorizes political subdivisions to contract with each other for governmental functions such as the purchase of goods and/or services. A local government that purchases goods or services under this subchapter satisfies any state law relative to the competitive bidding requirements. The use of interlocal agreements allows political subdivisions to access existing contracts to take advantage of lower prices without the cost of competitive bidding. Either of the contract participants may terminate the agreement with written notice to the other party. The City of Grapevine is seeking interlocal agreements with the City of Fort Worth in order to access the fuel agreements to purchase fuel. Tarrant County and the cities of Southlake, Haltom City, Colleyville and North Richland Hills have already requested and received contracts for interlocal agreements to access the City of Fort Worth's fuel contracts. Purchase agreements that were bid as interlocal goods and services contracts will be available to these and other governmental entities. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this M&C will have no material effect on City funds. CB:k BQN/99-0059/KDK Submitted for City Manager's Office by: Charles Boswell Originating Department Head: Jim Keyes Additional Information Contact: FUND � ACCOUNT � CENTER � AMOUNT (to) 8511 8517 � (from) Robert Combs 8321 CITY SECRETARY APPROVED 3/11/99