HomeMy WebLinkAboutContract 41343City of Fort Worth & NCTCOG
Cooperative Purchasing Agreement
FORT WORTH CITY SECRETARY
CONTRACT NO. LA �'-k
COOPERATIVE PURCHASING AGREEMENT
This Cooperative Purchasing Agreement ("Agreement") is made and entered into as of the date written
below between North Central Texas Council of Governments ("NCTCOG") and the City of Fort Worth,
Texas ("Fort Worth").
WHEREAS, both NCTCOG 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, NCTCOG and 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,
NCTCOG and Fort Worth agree as follows:
SECTION 1. The purpose of this Agreement is to provide NCTCOG 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.
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.
Pagel of3
OFFICIAL RECT
•
CITY SECRETARY
Ft WORTH, TX
City of Fort Worth & NCTCOG
Cooperative Purchasing Agreement
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 ten or provision of this Agreement is held to be illegal, invalid or unenforceable,
the legality, validity or enforceability of the remaining tettus 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 tetra 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 NCTCOG 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
EXECUTED this
CITY OF FORT WORTH
1000 Throckmorton Street
Fort Worth, Texas 76102
day of , 201
North Central Texas Council of Governments
616 Six Flags Drive
Arlington, TX 76011
Page 2 of 3
City of Fort Worth & NCTCOG
Cooperative Purchasing Agreement
By
aun
Karen L. Montgomery
Title: Assistant City Manager
APPROVED AS TO
FORM AN 9(1, GALI Ty:
Denis cElroy
Assistant City Attorney
c)-,11 0
Contract Authorization
whc;
Marty Hendrix, Cit t ecretary
Date
Page 3 of 3
1 am I 1 Atf.9,1,,*titz)
By:
Monte Mercer
Title: Deputy Executive Director
414
fr/Pr
% Date
A r _ . _
%o
05710
d L br,
0
000
9dp®
icy
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,
City of Fort Worth, Texas
Mayor and Council Communication
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
101-11.
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 govemment 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.
BQN\07-0130\KDK
Logname: 13P07-0130 Page 1 of 2
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by: Karen Montgomery (6222)
Originating Department Head: Lena Ellis (8517)
Additional Information Contact: Jack Dale (8357)
Logname. 13P07-0130
Page 2 of 2