HomeMy WebLinkAboutContract 46998 (2)•
City of Fort Worth & North East ISD
Cooperative Purchasing Agreement
FORT WORTH CITY SECRETARY
CONTRACT NO. Asi(yq
COOPERATIVE PURCHASING AGREEMENT
This Cooperative Purchasing Agreement ("Agreement") is made and entered into as of the
date written below between the City of North East Independent School District ("North
East ISD"), and the City of Fort Worth, Texas ("Fort Worth").
WHEREAS, both North East 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, North East 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, North East ISD and Fort Worth agree as follows:
SECTION 1. The purpose of this Agreement is to provide North East 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 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
)1 ws, ordinances, rules and regulations.
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OFFICLIL RECORD
CITY SECRETARY
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City of Fort Worth & North East ISD
Cooperative Purchasing Agreement
S ECTION 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.
S ECTION 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.
S ECTION 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, vand 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 North East 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 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 & North East ISD
Cooperative Purchasing Agreement
EXECUTED this
CITY OF FORT WORTH
1000 Throckmorton Street
Fort Vr 14 Texaa76 ,Q2
By:
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day of
NORTH EAST ISD
8961 Tesoro Drive
San Antonio Texas 7
Title: Assistant City Manager Title:
APPROVED AS TO
FORM AND LEGALIT
Assistant City Attorney
M&C P-10710, January 15, 20
Contract Authorizat.
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Date
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Reco n ed by Reco nded by Aaron Bovos
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Page 3 of
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Letti Bresnahan
NEISD Board President
Schulman, Lopez & Hoffer LLP
Interlocal Agreement
Contract Authorization
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avid C Bohannon, Executive Director
f Procurement and eCommerce
Date
Finance Director/CFO
:PT. M1
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/15/2008
DATE: Tuesday, January 15, 2008
LOG NAME 13P07-0130
SUBJECT:
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REFERENCE NO.: **P-10710
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 / CERTIFICATION:
Logname: 13P07-0130 Page 1 of 2