HomeMy WebLinkAboutContract 34254Fort Worth & Denton
Cooperative Purchasing Interlocal Agreement
CITY SECRETARY�=����j
CONTRACT NO. �-
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 Denton, Texas ("Denton") and the
City of Fort Worth, Texas ("Fort Worth").
WHEREAS, both Denton 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, Denton 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, Denton and City of Fort Worth agree as follows:
SECTION 1. The purpose of this Agreement is to provide Denton 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
Fort Worth & Denton
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 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 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 Denton 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 2of3
i •jTJi i'j�: U Q�; � ' 1'I
Fort Worth & Denton
Cooperative Purchasing Interlocal Agreement
EXECUTED this 20th day of June, 2006.
CITY OF FORT WORTH
1000 Throckmorton Street
Fort Worth, Texas 76102
City Manager's OM
Ric and Zavala
Acti g Assistant City Manager
CITY OF DENTON
215 East McKinney Street
Denton, Texas 76201
Cit3f Manager's Offic
Howard Martin
Interim City Manage
City Secretary's Office: Cit4CSecretary
Secretary's ice:
A --,,Marty Hendrix fer alters
City Secretary
11ioll!
/..
Approved as to Form and Legality
It DATE �'�lJ
City Actor ey's Offic • �' City Attorn Office:
A� Ram • Edwin Snyder
Assistant City Attorney City Attorney
Contrac� AuthorizatioR
lac�w
Date
Page 3 of 3
ORDINANCE NO. —, ZIP
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT AN INTERLOCAL
AGREEMENT WITH THE CITY OF FORT WORTH, TEXAS TO AUTHORIZE
PARTICIPATION IN VARIOUS CITY OF FORT WORTH CONTRACTS FOR THE
PURCHASE OF VARIOUS GOODS AND SERVICES; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFORE; AND DECLARING AN EFFECTIVE DATE
(FILE 3589- INTERLOCAL AGREEMENT WITH THE CITY OF FORT WORTH, TEXAS).
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The City Manager, or his designee is hereby authorized to execute the
Interlocal Cooperative Purchasing Program Agreement with the City of Fort Worth under
Section 271.102 of the Local Government Code, a copy of which is attached hereto and
incorporated by reference herein (the "Agreement").
SECTION 2. The City Manager, or his designee is authorized to expend funds pursuant
to the Agreement for the purchase of various goods and services.
SECTION 3. This ordinance shall become effective immediately upon its passage and
approval.
PASSED ANI7 APPROVED this the /, 4day of %3 , 2006. '
6"evi- *%�
PERK R. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
EDWIN M. S ER, CITY ATTORNEY
BY:
2-ORD-Interlocal Agreement With Fort Worth
Fort Worth & Denton
Cooperative Purchasing Interlocal Agreement
CITY SECRETARY
CONTRACT NO.
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 Denton, Texas ("Denton") and the
City of Fort Worth, Texas ("Fort Worth").
WHEREAS, both Denton 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, Denton 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, Denton and City of Fort Worth agree as follows:
SECTION 1. The purpose of this Agreement is to provide Denton 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 03-04-06 P12:09 IN
Fort Worth & Denton
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 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 parry 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 Denton 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 parry 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 & Denton
Cooperative Purchasing Interlocal Agreement
EXECUTED this 20th day of June, 2006.
CITY OF FORT WORTH
1000 Throckmorton Street
Fort Worth, Texas 76102
City Manager's Off
(I J
Ri hard Zavaal
tngsistAAsant City Manager
CITY OF DENTON
215 East McKinney Street
Denton, Texas 76201
City anager's Offi
h
Howard artin
Interim City Manager
City Secretary's Office: City Secretary's ffice:
Marty Hendrix ;Seccifer lters
City Secretary II retary
DATE 4
Approved as to Form and Legality
City ney's Offi
Amy ey
Assist City Attorney
contract huthorizatiosa
Date
Page 3 of 3
Cit,
Ed`
City
Page 1 of 1
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 6/20/2006
DATE: Tuesday, June 20, 2006
LOG NAME: 13PDENTON REFERENCE NO.: **C-21516
SUBJECT:
Authorize the Execution of an Interlocal Agreement between the City of Fort Worth and the City of
Denton, Texas, for the Purchase of Goods and Services
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into an Interlocal Agreement
with the City of Denton, Texas, for the purchase of goods and services.
DISCUSSION:
This authorization would allow the City of Fort Worth and the City of Denton to take advantage of favorable
pricing obtained through the competitive bid processes of either city.
The Texas Local Government Code Chapter 271.102 (a) states, "A local government may participate in a
cooperative purchasing program with another local government or a local cooperative organization." The
chapter also states, "A local government that purchases goods or services under this subchapter satisfies
any state law requiring the local government to seek competitive bids for the purchase of goods or
services."
Goods and services the City of Fort Worth and the City of Denton wish to purchase through the Interlocal
Agreement will be done according to applicable state law, City ordinances and administrative regulations.
This agreement will remain in effect until one party submits a written request to cancel the Interlocal
Agreement.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this M&C will have no immediate material effect on City funds.
TO Fund/Account/Centers
Submitted for Citv Manaaees Office bv:
Oriainatina Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
Richard Zavala (Acting) (6222)
Jim Keyes (8517)
Robert Combs (8357)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 1 /16/2007