HomeMy WebLinkAboutContract 36635Fort Worth & Town of Westover Hills
Cooperative Purchasing Interlocal Agreement
CITY SECRETARY
CONTRACT NO. 61
This Cooperative Purchasing Interlocal Agreement ("Agreement") is made and entered into
as of the date written below between the Town of Westover Hills, Texas ("Westover Hills")
and the City of Fort Worth, Texas ("Fort Worth").
WHEREAS, both the Town of Westover Hills and the City of 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, the Town of Westover Hills and the City of 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, Town of Westover Hills and City of Fort Worth agree as follows:
SECTION 1. The purpose of this Agreement is to provide Westover Hills 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").
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Fort Worth & Town of Westover Hills
Cooperative Purchasing Interlocal Agreement
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.
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.
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Fort Worth & Town of Westover Hills
Cooperative Purchasing Interlocal Agreement
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 Town of Westover Hills or
City of 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.
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Fort Worth & Town of Westover Hills
Cooperative Purchasing Interlocal Agreement
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.
EXECUTED this day of
CITY OF FORT WORTH
1000 Throckmorton
Fort Worth, Texas 76102
City Manager's Office:
Name=Karen L .
ry
assistant City Manager/CFO
Title
City Secretary's
Name
Title
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ce:
OCr�L , 2007.
TOWN OF WESTOVER HILLS
5824 Merrymount Road
Fort Worth, Texas 76107
T
�� Dui 1\Ul1GU�'C
wn Administrator
's Office:
City Secretary's Office:
Mahanay
Secretary
Approved as to Form and Legality
ty Attorney
City Attorneys Of ice:
Ci
ill' j9��1197
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/15/2008
DATE: Tuesday, January 15, 2008
LOG NAME: 13P07-0130
REFERENCE NO.: **P-10710
SUBJECT:
Authorize 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
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 contracts allows the City of Fort Worth 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 of Fort Worth that may result in the
addition of other entities' quantities at the next bidding opportunity. Increasing the volume of goods and
services bid increases the possibility of lower prices to the City through greater economies of scale. Either
of the contract participants may terminate the agreement with written notice to the other party.
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 Law Department recommends that the Purchasing Division review these agreements periodically. The
last M&C regarding execution of agreements with these cooperatives was approved on March 27, 2001
(M&C C-18510). Going forward these agreements will be reviewed every five years.
Approval of this Mayor and Council Communication will not commit the City to spend any funds. Purchases
exceeding the administrative procurement threshold provided in the City Code of Ordinances will be
presented to Council for authorization as required.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that the execution of these cooperative purchasing agreements will have no
material effect on City funds.
http://www.cfwnet.org/council�acket/Reports/mc�rint.asp 2/18/2008
BQN\07-0130\KDK
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TO Fund/Account/Centers
Submitted for City Manager's Office bv:
Originating Department Head:
Additional Information Contact:
FROM Fund/AccountlCenters
Karen Montgomery (6222)
Lena Ellis (8517)
Jack Dale (8357)
http://www.cfwnet.org/council�acket/Reports/mc�rint. asp
2/18/2008