HomeMy WebLinkAboutContract 41816 (2)City of Fort Worth & City of Kilgore, TX
Cooperative Purchasing Agreement
FORT WORTH CITY SECRETARY
COONJ1'RAM' NO. 41 S I U
COOP LRA T I V 1mm; PURCH SING AG.Rili,1EE;M ENT
This Cooperative Purchasing Agreement ("Agreement") is made and entered into as of
the date written below between the City of Kilgore, TX ("Kilgore") and the City of Fort
Worth, Texas ("Fort worth").
WHEREAS, both Kilgore 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, Kilgore and Fort Worth are authorized by Section 271.102 of the Local
Government Code to pursue mutually beneficial and cooperative purchasing programs.
NOW, 'HEREFORE, for and in consideration of the mutual obligations and benefits
contained herein, Kilgore and Fort Worth agree as follows:
SECTION 1. The purpose of this Agreement is to provide Kilgore 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 terns 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 terns 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.
Page 1 of 3
City of Fort Worth & City of Kilgore, TX
Cooperative Purchasing Agreement
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 agamst 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 the City of Kilgore 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 2 of 3
City of Fort Worth & City of Kilgore, TX
Cooperative Purchasing Agreement
EXECUTED this 14th day of December, 2010.
CITY OF FORT WORTH
1000 Throckmorton Street
Fort Worth Texas 76102
By:
Karen L. Montgomery
Title: Assistant City Manager
APPROVED •. S TO
EGALITY:
Denis cElro
Assistant City ttomey
0144/
Pk4C Q-lo2w V(617) s
Contract Authorization
)(rrif
Marty Hendrix, pity Secretary Karen Custer, City Clerk
CITY OF KILGORE
815 N. Kilgore St.
Kilgore, T
By:
R. E. Sprain, III/
i
Title: Mayor
Robert G. S chleier,Jr.
City Attorney
CZAfrk.. 64AZS
sc I an \
Date
OFFICIAL RECORD
CLTY SECRETARY
[FL WORTH, TX
/244/0
Date
attfRottr '40
*Oa
Q 00
z 4,0,4
ou
t Zip
%°°0fr*0/1oQo000000/7
* •
liskiatiettpr
Page 3 of 3
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 Govemment 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 govemments to participate in
cooperative purchasing programs. Section 271 102(c) of the Code provides that a local govemment
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 focal
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
paterial effect on City funds.
bQN107-01301KDK
Logname. 13P07-0130 Page 1 of 2
To Fwmd/AccountlCentera FRO A Fund/AccounVCenters
Karen Montgomery (6222)
oriatnatinsa Deeartment Head: Lena Ellis (8517)
Additional Information Contact: Jack Dale (8357)
Page 2 of 2
Logname: 13P07-0130