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HomeMy WebLinkAboutContract 41820 (2)PIAY / 2011 City of Fort Worth & New Braunfels Utilities Cooperative Purchasing Agreement FORT WORTH CITY SECRETARY C NTRACT NO. 41 E ao CO S PERA 'FIVE PURCHASING S NG AGREEMENT This Cooperative Purchasing Agreement ("Agreement") is made and entered into as of the date written below between New Braunfels Utilities (NBU), a municipally owned utility, and the City of Fort Worth, Texas ("Fort Worth"). WHEREAS, both NBU 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, NBU 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, NBU and Fort Worth agree as follows: SECTION 1. The purpose of this Agreement is to provide NBU 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 ancL laws, ordinances, rules and regulations. Page 1 of 3 OFFEICIAL RECORD CITY SECRETARY Ft tftlOit1'H, TX City of Fort Worth & New Braunfels Utilities Cooperative Purchasing Agreement SECTION 6. This Agreement may be terminated by either party without cause or penalty, upon not less than thirty calendar 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 NBU 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 NBU representative set out below, or his/her designee. Page 2 of 3 City of Fort Worth & New Braunfels Utilities Cooperative Purchasing Agreement EXECUTED this of 3\y c 2011. , CITY OF FORT WORTH 1000 Throckmorton Street Fort Worth, Texas 76102 By: a.c.eti I aren L. Montgomery Title: Assistant City Manager APPROVED AS TO N1 LE AL TY: Denis cElroy Assistant City Attorney i‘1,4k peinejlo Contract Authorization Marty Hendrix, z'ty Secretary S\3\\ aou Date NEW BRAUNFELS UTILITIES 263 East Main Plaza New Braunfels, Texas 78130 B Paula J. Di onzo 257fie Chief Executive Officer APPROVED AS TO FORM: Christine Chemell Senior Staff Attorney etaiPiti* Qo 4 ° QS 414 0 0 .b o 0°� a 000000 9 it, • OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page 3 of 3 A RESOLUTION AUTHORIZ C A C tPE ATIVE PURE. H A E rtJG A k 'R EM N r WITH THE CITY FORT WORTH FOR CRE )JI T CA-.TRo S RvICE�ES WHEREAS, EAS, pursuant to Section 271.102 of the Texas as Local Government Code„ New Eraunfdls Utilities may participate in a cooperative purchasing program with another local government ; and \THEN rcA S, New Braunfels Utilities has determined that participation in a cooperative purchasing prograrn for credit card processing services with the City of Fork Worth will provide New Braunfels Utilities with an efficient and cost effective means to continue purchasing goods and services by credit card ; and WHEREAS, the Board of Trustees ofNew Braunfels Utilities has determined that the City of Fort worth used competitive bids as required by state law for its contract for credit card processing services with JP Morgan Chase Bank, N.A.; and WHEREAS, the Board of Trustees of New Braunfels Utilities finds that it is in the best interest of New Braunfels Utilities and its customers that Nevv Braunfels Utilities participate in a cooperative purchasing program to avoid unnecessary costs and to obtain the fiscal benefit of cooperative purchasing programs, \TOW, THEREFORE, BE, /1 1 :�S L ED) BYTHE BOARD OF TRUSTEES OF 1 •. NEW BRA 11NF ELS UTILITIES that its Chief Executive Officer, Paula J. DIFOnz0, is authorized (i) to enter into a Cooperative Purchasing Agreement with the City of Fort Worth for credit card processing services and (ii) to take such other actions and execute such other related documents as may be necessary to effectuate the purpose and intent of the Cooperative Purchasing Agreement on behalf of New Braunfels Utilities. PASSED AND ADOPTED this 2 t" day of February, 2011. -<-1/11(/‘--/ GUADALUPE CASTILLO, President Board of Trustees New Braunfels Utilities ATTEST° , • Paula J. DiFonzo, Secretary Board of Trustees New Braunfels Utilities 6 ; �- // f 1 J^ ,'. -• lfj y a' t ! 1'i •.- �i.." City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 1/15/2008 DATE: Tuesday, January 15, 2008 REFERENCE NO.: **P-10710 LOG NAME: 13P07-0130 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: The Finance Director certifies that the executionof these cooperative purchasing agreements will have no material effect on City funds. BQN\07-0130\KDK FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS No attachments found. Karen Montgomery (6222) Lena Ellis (8517) Jack Dale (8357)