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HomeMy WebLinkAboutContract 41526 (2)Fort Worth & Amarillo ISD Cooperative Purchasing Interlocal Agreement CITY SECRETARY CONTRACT NO. 4\a to COOPERATIVE PURCHASING INTERLOCAL AGREEMENT This Cooperative Purchasing Interlocal Agreement ("Agreement") is made and entered into as of the date written below between the Amarillo Independent School District ("AISD") and the City of Fort Worth, Texas ("Fort Worth"). WHEREAS, both AISD 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, AISD and the 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, AISD and City of Fort Worth agree as follows: SECTION 1. The purpose of this Agreement is to provide AISD 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. vrriGIAL RECORD CITY SECRETARY i 1 Page 1 of 3 ET, WORTH, Tx #539593 Fort Worth & Amarillo ISD Cooperative Purchasing Interlocal Agreement SECTION 5. This Agreement will be subject to all applicable federal, state and local laws, ordinances, rules and regulations, including, but not limited, statutory, constitutional, and local charter provisions that prohibit either party from committing to the funding of the party's obligations beyond each fiscal year. 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 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 AISD 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 put_hdow,or his/her designee. Page 2 of 3 #539593 OFFICIAL RECORD CITY SECRETARY `` WORTH, TX Fort Worth & Amarillo ISD Cooperative Purchasing Interlocal Agreement EXECUTED this 1?)*(--C1 CITY OF FORT WORTH 1000 Throckmorton Fort Worth, Texas 76102 City Manager's Office: Karen L. Monigomery Assistant City Manager `� `tr'fi TITLE: Assistant Superintendent nreNt Administration A) day of\\re\c�� c/�� t4) t AMARILLO INDEPENDENT SCHOOL DISTRICT 7200 I-40 West Amarillo, TX 79106 -1 4,44,4 BY: Les Hoyt ATTEST City Secretary's Offic AAt Marty Hendrb City Secretary DATE �\ �' r l.yt-J� „ • �YII lopni c i Contract Authorization AS:a:2 CD Date • City Attorney's Office: Assistant CAttorney Page 3 of 3 #539593 .47 OA, 0 0 oo ®oor c'op# / P 10,4 f Q G o a oo0000 ST; ICY rr e BY TITLE DATE Approved as to Form and Legality t du_ Morley f OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX • c 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 I WI 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 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 naterial effect on City funds. 13QN107-01301KDK Logname: 13P07-0130 Page 1 of 2 RESOLUTION OF THE AMARILLO INDEPENDENT SCHOOL DISTRICT BOARD OF TRUSTEES The Board of Trustees of the Amarillo Independent School District does hereby make the following Resolution regarding the Cooperative Purchasing Interlocal Agreement (` Agreement") with the City of Forth Worth. WHEREAS, Chapter 791 of the Texas Government Code provides general authority for local government entities to enter into interlocal agreements; and WHEREAS, Chapter 271 of the Texas Local Government Code provides specific authority for municipalities and independent school districts to participate in a cooperative purchasing program with another local government; and WHEREAS the Board of Trustees of the Amarillo Independent School District acknowledges 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, pursuant to Texas Local Government Code 271.102(c) purchases for goods or services obtained pursuant to the cooperative purchasing program satisfies any state law requiring the Amarillo Independent School District to seek competitive bids for the purchase of goods or services available to the City of Fort Worth, as set forth in the Agreement. NOW, BE IT THEREFORE RESOLVED, that the statements contained in the preamble of this Resolution are true and correct and are adopted as findings of fact and operative provisions hereof, and that the Board of Trustees of the Amarillo Independent School District adopts Exhibit A, the Cooperative Purchasing Interlocal Agreement with the City of Fort Worth, and authorizes the Assistant Superintendent — Administration or his designee to execute the interlocal agreement on its behalf. BE IT FURTHER RESOLVED, that the Board of Trustees of the Amarillo Independent School District designates the Assistant Superintendent — Administration as the `Designated Representative ' under Section 2 of the Cooperative Purchasing Interlocal Agreement Passed and approved by the Board of Trustees of the Amarillo Independent School District on this 18th day of January, 2011. The Board of Trustees of the Amarillo Independent School District By. �v ette Car resident, Board of Trustees