HomeMy WebLinkAboutContract 42556 City of Fart Werth & Midland ISD
Cooperative Purchasing Agreement
FORT WORTH CITV SECRETARY
CONTRACT NO. _5�0
COOPERATIVE PURCHASING AGREEMENT
This Cooperative Purchasing Agreement (``Agreement") is made and entered into as of
the date written below between Midland ISD ("'MISD") and the City of Fort Worth,
Texas (``Fort Worth").
WHEREAS, both MISD 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, MISD 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, MISD and Fort Worth agree as follows:
SECTION 1. The purpose of this Agreement is to provide MISD 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, 5t
laws, ordinances, rules and regulations.
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City of Fort North & Midland ISD
Cooperative Purchasing Agreement
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 S. 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 MISD 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 ? t43
City of Fort Worth & Midland ISD
Cooperative Purchasing Agreement
EXECUTED this 13th day of Seytemher , 2011.
CITY OF FORT WORTH MIDLAND ISD
1 000 Throckmorton Street 615 W. Missouri
Fort Worth, Texas 75102 Midland, TX 79701
By: By:
/049 Tom Higgins
City Manager
Title: Board President
APPROVED AS TO
FORM AND LEGALITY:
Assistant City Attorney
Entity Attorney Title
M&C P-9357,.May._1, 2001.
Contract Authorization Contract Authorization
Marty Hendrix, &ity Secretary
Date . ,' ' O Date
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At �° 0100,
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City
of Fort Worth, Teas
MaYor and
Council
Ica ion
DATE: Tuesday, January ry 1 5, 2008
LOG NAME: 13P07-0 130
SUBJI&P REFERENCE NO.: **P40710
Authorize Cooperative Purchasing rchas�ng Agreements for •
Worth, Local govern Goods and Services •
Governments and Local Coo Between the City of
Government Cod Cooperative organizations Au Y art
Code Authorized by the Texas
Local
It is recommended that the City
Agreements ty Council authonze the Ci
g ments for goods and services tY Manager to execute Cooperative
ces between the City of Fort perat�ve Purchasing
cooperative purchasing organizations a Worth, local governments
authorized by the Texas Local g ants and local
Government Code.
Mai
The Purchasing Division will use .
T
organizations this authorization to contract w'
g cons to obtain goods or services. with local governments and loc •
advantage of low The use of these contracts all al cooperative
9 lower prices without the cost allows the city of Fort Worth t
competitively . . of competitive biddin b obtaining o take
y procured contracts with entities g Y access to
wA Texas Association of School uch as Tarrant County, Noust - existing
of Boards'Local Government Purchasing on Galveston Area Council
chasing Cooperative and tJ.S. '
Communities.
-- This authorization will allow oche
Ci of r r local governments such as Tarr
City Grand Prairie to participate ' ant County, the City f •
addition � � , +n contracts awarded b t tY Arlington and the
n of other entities quantities at Y he City of Fort Worth that m .
services bid inc the next bidding opportunit . In may result in the
increases the possibility of lower rice Y creasing the volume of goods of the contract participants may prices to the city through greater economies g and
P y terminate the agreement with onom�es of scale. Either
written notice to the other a
Section 271.1 g party.
• 2{a� of the Texas Local Gov
cooperative purchasing Programs. emrnent Code allows local governme
g P g ms. Section 271.102 c of nts to participate in
purchasing goods or services � } he Code provides that a local government
the local government seek competitive g Program satisfies an state requiring
bids for purchase of the Y ate law ts for that
and services have been competitively goods or services. The
bid to increase and s' contracts for goods
governments across the State of Texas. simplify the Purchasing o
g p war of local
The Law Department recommends that the Purchasin Division r '
regarding execution of agreements g eview these agreements periodically.
(M&C C-18510). Going g eements with these cooperatives w P odically. The
ng forward these agreements as approved on March 27
g ants will be reviewed eve five a 2001
every years.
Approval of this Mayor and Coup
exceed�n th cil Communication will not commit
9 e administrative procurement the City to spend any funds. P
presented to Council f threshold provided in the City urchases
or authorization as required. Code of ordinances will be
q
l A INF Tl N c
Tl
The Finance Director certifies that hat the execution of these co •
effect on City funds. cooperative purchasing agreements
will have no
13QN107.01301KDK
ogname. I3P07-0130
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eM
Karen Montgomery (6222) l
..............
Lena Ellis (8517)
Jack Dale (8357)
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Logname: 13P07-0130