HomeMy WebLinkAboutContract 41522 (2)City of Fort Worth & Sundown Independent School District
Cooperative Purchasing Agreement
FORT WORTII CITY SECRETARY
CONTRACT NO. y-i c a �.
COOPERATIVE PURCHASING AGREEMENT
This Cooperative Purchasing Agreement ("Agreement") is made and entered into as of the date
written below between Sundown Independent School District ("Sundown ISD") and the City of
Fort Worth, Texas ("Fort Worth").
WHEREAS, both Sundown ISD 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, Sundown ISD 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, Sundown ISD and Fort Worth agree as follows:
SECTION 1. The purpose of this Agreement is to provide Sundown ISD 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 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.
OFFICIAL RECORD
(Page 1 of 3) CITY SECRETARY
FT. WORTH, TJZ
City of Fort Worth & Sundown Independent School District
Cooperative Purchasing Agreement
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.
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 endeavoi 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 Sundown ISD 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 once and the same instrument.
SECTION 12. The undersigned officers and/or agents aie properly authorized to execute this
Agieement 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
peuuiitted 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 & Sundown Independent School District
Cooperative Purchasing Agreement
EXECUTED this 20 T~ day of ,io.ey , 2011.
CITY OF FORT WORTH
1000 Throckmorton Street
Fort Worth, Texas 76102
By:
'Icaren Li Montgomery
Title: Assistant City Manager
SUNDOWN I.S.D.
7th and School Street
Sundown, Texas 79372
B
Doug Pitecure
Board of Trustees President
APPROVED AS TO FORM AND LEGALITY:
e.Denn,° /McElroy
Assistant City Attorney
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Contract Authorization
Marty Hen x, City Secretary
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(Page 3 of 3)
Jeffrey W. 2aum, Business Manager
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Date
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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
his 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 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.
E3QN\07-01301KDK
Logname. 13P07-0130 Page 1 of 2
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manages Office by: Karen Montgomery (6222)
Originating Department Head: Lena Ellis (8517)
Additional information Contact: Jack Dale (8357)
Logname. 13P07-0130 Page 2 of 2