HomeMy WebLinkAboutContract 42694City of Fort Worth & Lubbock ISD
Cooperative Purchasing Agreement
FORT WORTH CITY SECRETARY
CONTRACT NO. L+ Z (p&l
COOPERATIVE PURCHASING AGREEMENT
This Cooperative Purchasing Agreement ( "Agreement ") is made and entered into as of
the date written below between the Lubbock Independent School District ( "Lubbock
ISD ") and the City of Fort Worth, Texas ( "Fort Worth ").
WHEREAS, both Lubbock 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, Lubbock 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, Lubbock ISD and Fort Worth agree as follows:
SECTION 1. The purpose of this Agreement is to provide Lubbock 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.
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OFFICIAL RECORD!
j CITY SECRETARY
FT WORTH, TX
City of Fort Worth & Lubbock ISD
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 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 Lubbock 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.
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City of Fort Worth & Lubbock ISD
Cooperative Purchasing Agreement
EXECUTED this 27th day of October, 2011.
CITY OF FORT WORTH
1000 Throckmorton Street
Fort Worth, Texas 76102
Tom Higgins
City Manager
APPROVED AS TO
FORM AND LEGALITY:
Assistant City Attorney
Contract Authorization
Date
•.4 • • •
11- -1 U- 9,011
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LUBBOCK ISD
1628 19th Street
Lub ock, T xa 79401
Trustees President
Dr. K Garza
Superintendent of Schools
Dr. Berhl Robertson, Jr.
Chief Administrative Officer
Jeffre Baum
xecutive Director of Finance
r G E
S�c4e. IF'tL1
Date
OFFICIAL RECORD
CITY SECRETARY
FT, WORTH, TX I
City of Fort Worth, Texas
Mayor and Council Communic
io
n
DATE: Tuesday, January 15, 2008
LOG NAME: 13P07 -0130
REFERENCE NO.: * *P.10710
Authorize Cooperative Purchasing Agreements for Goods and Services Betw
Worth, Local Governments and Local Cooperative Organizations Authorized een the City of Fort
Government Code ed by the Texas Local
RECOM UMAIM:
It is recommended that the City Council authorize the City Manager to
Agreements for goods and services between the City of Fort Worth, Cooperative
cooperative purchasing organizations authorized by the Texas Local Government Code. governments
Purchasing
and local
DISCUA810N:
The Purchasing Division will use this authorization to contract with local governments and
organizations to obtain goods or services. The use of these contracts allows the City of Fort W
advantage of lower prices without the cost of competitive bidding b local cooperative
competitively Worth to take
y procured contracts with entities such as Tarrant County, Houston-Galveston Area Council
Texas Association of School Boards' Local Government Purchasing Cooperative and U.S.
This authorization will allow other local governments such as T Communities.
City of Grand Prairie to participate in contracts awarded by the City of Fort Worth
addition of other entities' quantities at the next biddin Opportunity. County, the City of Arlington and the
services bid increases the possibility of lower prices to the City through ea that may result in the
of the contract participants may terminate the agreement l t g pportunio Increasing the volume of goods and
with written notice t greater
other party f scale. Either
Section 271.102(a) of the Texas Local Government Code allows local governments
cooperative purchasing programs. Section 271.102(c) of the Code provides that a local government
Purchasing goods or services under a cooperative Purchasing to Participate in
the local government seek competitive bids for purchase of the goods or services. The contracts or goods
and services have been competitively bid to increase Program satisfies any state law requiring that
governments across the State of Texas. a and simplify the for goods
Purchasing power of local
The Law Department recommends that the Purchasing Division review these agreements
last M&C regarding execution of agreements with these cooperatives was a pproved on March 27, 2001
(M&C C- 18510). Going forward these agreements will be reviewed every rive ears. Periodically. The
Y
Approval of this Mayor and Council Communication will not commit the City to spend an f
exceeding the administrative procurement threshold provided in the Ci ty
presented to Council for authorization as required. P Code of Ordinances will be
Y funds. Purchases
FISCAL INFORMATION/ RTIFI ATION:
The Finance Director certifies that the execution of these cooperative purchasing agreements
naterial effect on City funds.
' 9 ants will have no
13QN107- 01301KDK
ogname: 13P07 -0130
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