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Home My WebLink AboutContract 35053Fort Worth & Dallas County Cooperative Purchasing Interlocal Agreement �;6fJ``��` ��C;i��`i��' C� �;�i'�I �b F�AC� �l�3 . MASTER INTERLOCAL/COOPERATIVE PURCHASING AGREEMENT This Master Interlocal/Cooperative Purchasing Agreement ("Master Agreement") is made and entered into as of the date written below between the City of Fort Worth, a home-rule inunicipality located in Tai-rant, Denton, and Wise Counties, Texas ("Fort Worth") and Dallas County, a governmental entity located in Texas ("Dallas County"). (Foi-t Worth and Dallas County may be refeired to individually herein as "Party", and collectively as the "Parties"). WHEREAS, Fort Worth does enter into competitive bids for acquisition of various goods and services in accordance with Texas Local Govei-�Zment Code Chapter 252, Subchapter B, "Competitive Bidding ar Competitive Proposals Required: as amended; and WHEREAS, Dallas County does enter into competitive bids for acquisition of various goods and services in accordance with Texas Local Government Code Section 262.023 "Competitive Bidding and Competitive Proposal Requirements", as amended; and WHEREAS, the Parties have determined a need for a reciprocal interlocal/cooperative agreement to purchase lilce goods and services to avoid duplicate procurement efforts and obtain the benefits of volume purchasing; and WHEREAS, the Parties are authorized by Section 271.102 of the Texas Local Government Code and Section 791.025 of the Texas Govei-nment Code to pursue mutually beneficial and cooperative purchasing programs and enter into interlocal agreements for the purchase of goods and services thereby satisfying state law competitive bid requirements. NOW, THEREFORE, for and in consideration of the mutual obligations and benefits contained herein, Fort Worth and Dallas County agree as follows: SECTION 1. DEFINITIONS. Awardin� Partv. The Party that was the original procuring govei�lmental entity in compliance with state law competitive bidding requirements. Su�plier A�reement. An existing agreement Uetween the Awarding Party and a Vendor that satisfies the requirement of a local govei7iment to seek competitive bids for the purchase of goods and services. Vendor. An external business, entity or enteiprise that supplies goods and/or services to the Awarding Party through a Supplier Agreement. Page 1 of 3 � �� ' , �> , � ;,�r�J�,, �� ,; �, ;,�:; � '��' �'��:i��t'�'�^;rr I1 sf� •,,^ � I� � �,.''�•`'J�':: �: f�� VI �:i��.'J ) !3 � Fort Worth & Dallas County Cooperative Purchasing Interlocal Agreement SECTION 2. The purpose of this Master Agreement is to provide Fort Worth and Dallas County with additional purchasing options by satisfying the provisions of Section 791.025 of the Government Code and Sections and 271.102 of the Local Government Code. SECTION 3. The Parties agree that each shall name a designated representative to act under the direction of, and on behalf of, the designating Party. SECTION 4. Each Pai-ry agrees to be bound by the terms, conditions and expiration date of the requested Supplier Agreement, and hereby agrees to fulfill each and eveiy requirement contained therein as if it were the Awarding Party. SECTION 5. Each Party agrees, at its sole cost and e�pense, to independently administer the requested Supplier Agreeinent and to pay the Vendor directly for any and all related costs. In addition, each Pai•ty shall have the responsibility of determining whether the Vendor has complied with any provisions in its contract, including but not liinited to those relating to the quality of items and terms of deliveiy, and shall be responsible for enforcement of its contract against the Vendor, including all cost of enforcement. SECTION 6. This Master Agreement will be subject to all applicable federal, state and local laws, ordinances, rules and regulations. SECTION 7. This Master Agreement may be terminated by either party, without cause or penalty, upon not less than thii•ty 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 Master Agreement and that the normal i-ule of construction to the effect that any ambiguities are to be resolved against the drafting pai-ry must not be employed in the inteipretation of this Master 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 Master Agreeinent, 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 Woi�th Division. This Master Agreeinent shall be construed in accordance with the laws of the State of Texas. SECTION 10. If any ternl or provision of this Master Agreeinent is held to be illegal, invalid or unenforceable, the legality, validity or enforceabiliry of the remaining terms or provisions of this Master Agreement shall not be affected thereby, and in lieu of each such illegal, invalid or unenforceable tei-m 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. Page 2 of 3 j � ;��I�,l�;.� �:�;��.,',,; ��:ts�,,l ;.�.� �,': .r� �� !� �;] � V � � � ��:; .; �k:� �I'-a;.�f J .. ?Si �I-'l�if, C!7�i) E � �� `� �' � � �I'.rl ( P 7 �1 J., . _..`�_� Fort Worth & Dallas County Cooperative Purchasing Interlocal Agreement SECTION 11. Execution of this Master Agreement does not obligate Dallas County or Fort Worth to request any Supplier Ag��eeinent, malce any purchase, pay any membership fee, or to otherwise or in any manner incur any cost or obligation. SECTION 12. This Master Agreement inay be executed in multiple counteiparts, each of which shall be deemed an original, and all of which shall constitlite but one and the saine instrument. SECTION 13. The undersigned officers and/or agents are properly authorized to execute this Master Agreement on behalf of the Parties hereto and each Pai�ty hereby certifies to the other that any necessaiy actions extending such authority have been duly passed and are now in full force and effect. SECTION 14. All notices, requests, demands, and other communications which are required or pei-mitted to be given under this Master Agreement shall be in writing and shall be deemed to have been duly given upon the deliveiy or receipt thereof, as the case may be, if delivered personally or sent by registered oi• certified mail, return receipt requested, postage prepaid, to the respective Party representative set out below, or his/her designee. EXECUTED this ��l day of� �� , 2007. CITY OF FORT WORTH 1000 Throckmorton Fort Worth, Texas 76102 '� �� Z L��-G Karen L . Montgomery � ��5�� Assistant City Manager/CFO RECOMMENDED: � Ri ard Zavala Acting Fiaance Director APPROV�-D AS TO FORM: �' - ` � ;✓,��,�%T ( s �i':� Amy J. R � s - Assista�f City Attoiney � Marty Hend�x City Secretary Page 3 of 3 DALLAS COUNTY 509 Main Street, Suite 623 % as, 02 � L� �� , Y County Ju \ �� RECOMMENDED: � �� .�� Shannon S. Brown Purchasing Agent APPROVED AS TO FORM: ;�� ! � ��`-.`-`'� Bob Schell Deputy Chief, Civil Section , Contr�c- �uthorixati.o�. 4- - t��F[� �i��, J:=.� ` ' "'�'� v, � � � _ „�� :i -:,,�;�;�� ,;,� � t �i��•`i �iv IJr',��:;:;� � `-v�� v �`� ^i;'f�; j'•i Si iti`'i �I'��'.. i'}i�!'�� d::L�.n € �, � � ` � � 37 �,;� COURT ORDER ORDER NO: ,� Q Q r ,� �( DATE: JANUARY 30, 2007 STATE OF TEXAS § COUNTY OF DALLAS § BE IT REMEMBERED, at a regular ineeting of Commissioners Court of Dallas County, Texas, held on the day of Ta_ „� , 2007, on a motion made by I`lilce Cantrell, Commissioner of District No. 2 , and seconded by P-iaurine Dic?:ey, Commissioner of District No. 1 , the following Court Order was adopted: WHEREAS, the Purchasing Department briefed Commissioners Court on January 23, 2007 concerning a master interlocal/cooperative purchasing agreement with the City of Fort Worth; and WHEREAS, Dallas County will utilize this cooperative purchasing opporhinity when appropr•iate and competitive pricing is verified; and WHEREAS, Texas Government Code 791 authorizes local governments to form and participate in cooperative purchasing alliances IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the Dallas County Commissioners Court does hereby authorize the attached master interlocal/cooperative purchasing agreement with the City of Fort Worth and authorize the County Judge to sign all related documents. DONE IN OPEN COURT this the 30th day of �s�r Jim Foster, County Judge ohn Wiley C�u�-��-e..i GC Mauri Dicicey, District #1 istrict #3 _, 2007. t � � Mike Cantrell, District #2 vl, � `, yfield, Dis . \ by: �,LG�;��,�,�� G/�� `� ��1 Z t, .� Shamion S. Brown, Purchasing Agent City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 2/14/2006 DATE: Tuesday, February 14, 2006 LOG NAME: 13P06-0018 REFERENCE NO.: *�P-10321 SUBJECT: Authorize an Interlocal Agreement for the Purchase of Goods and Services between the City of Fort Worth and Dallas County RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute an Interlocal Agreement for the purchase of goods and services between the City of Fort Worth and Dallas County. DISCUSSION: This authorization would allow the City of Fort Worth and Dallas County to take advantage of favorable pricing obtained through the competitive bidding process. Texas Government Code section 791.025 permits a local government to purchase goods and services from another local government. A local government that purchases goods and services pursuant to that provision satisfies the requirement of the local government to seek competitive bids for the purchase of the goods and services. Goods and services that the City of Fort Worth and Dallas County wish to purchase through the interlocal agreement will be done according to applicable state law, City ordinances and administrative regulation. This agreement will remain in effect until one party submits a written request to cancel. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this M&C will have no material effect on the City funds. BQN\06-0018\CBR TO Fund/Account/Centers Submitted for City Mana�er's Office b� Originating Department Head: Additional Information Contact: Logname: 13P06-0018 FROM Fund/Account/Centers Richard Zavala (Acting) (6222) Jim Keyes (8517) Robert Combs (8357) /', i�� ' .^ �, r�l - 1 � � v f�� :=1 � a: i�'� ,�r %'�(;% �J , }.. J '�`.% J U�1�I �.., �5�� I� � II � t� r�'r, � , ';,C �� }, '� �i .. . � 'f,;i.i�.��sf' il� �IjI � � ' 'y�+.,"✓ii�:U,f�l� UI�i�' . �-�_ _,P� �_�. . Page 1 of 1