HomeMy WebLinkAboutContract 42514 City of Fort Worth& City of Anna
Cooperative Purchasing Agreement
FORT WORTH CITY SECRETARY
CONTRACT NO. -41`
COOPERATIVE PURCHASING AGREEMENT
This Cooperative Purchasing Agreement ("Agreement") is made and entered into as of
the date written below between the City of Anna ("Anna") and the City of Fort worth,
Texas ("Fort,Worth').
WHEREAS, both Anna 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, Anna 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, Anna and Fort worth agree as follows:
SECTION 1. The purpose of this Agreement is to provide Anna 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 eater 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, st t1D Flfk a -- 0 R 0
haws, ordinances, rules and regulations, CITY SECREARY
r. WORTH, A
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City of Fort Worth& City of Anna
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 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 laves 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 Anna 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& City of Anna
Cooperative Purchasing Agreement
EXECUTED this 2- day of , 2011.
CITY of FORT WORTH CITY of ANNA
1000 Throe orton Street 101 North Powell Parkway
Fort Worth, Texas 76102 An exas 7 09
By: By:
Tom Higgins 1p r5
Title: a City Manager Title: Ci M ana er
APPROVED AS To
FORM AND LEGALITY:
Assistant City Attorney City Attorney
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Contract Authorization
Marty Hendrix,tity,Secretary Na a Wilkison, City Secretary
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CITY SECRETARY
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Page 3 of 3 ___j
Cily of Fort Worth, Texas
1 a •
and
Council Co to
ica ion
DATE. Tuesday, January ry 15, 2008
LOG NAME: 13PO7-013
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S-UZJM: .
REFERENCE No.: ** '10710
P
Authorize Purchasing Cooperative •
P Agreements
Worth, Local Dover for foods and Services Between the City f F
Government Code organizations Authorized Y art
o razed by the Texas Local
It is recommended that the C' .
Agreements City Council authorize the Ci
9 ants for goods and services tY Manager to execute Co •
cooperative u es between the City of Fort operative Purchasin
purchasing organizations auth rt worth, local governments, �
orized by the Texas Local g ants and Local
Government Code.
DI sm:
The Purchasing Division will u
organizations use his authorization to contract '
g ons to obtain goods or services with local governments and
advantage of lower The use of these contracts local cooperative
er prices without the cost of . . allows the City of Fort Worth
competitively procured contra . . competitive bidden b obtaining to take
contracts with entities such as T g Y taining access to existing
Texas Association of School 8 � arrant County, Houston-Galveston- .g
oards Local Govemment Purchasing n Galveston Area Council
Cooperative and U.S. Corn
This authorization will alto Communities.
City of w other local governments such
ty . Grand Prairie to participate • as Tarrant County, the Ci
addition of o � in contracts awarded b the ]► of Arlington and the
• other entities quantities at the Y e City of Fort Worth that •
services bid increases the a next bidding opportunity. Increasing ay result in the
Possibility of lower prices to the sing the volume of goods and
of the contract participants may City through greater economies
y terminate the agreement with written conomies of scale. Either
rattan notice to the other a
a P �'
Section 271-102(a)) of the Texas Local Government Vemrnent Code allorn►s local ova
Purchasing programs. Section governments to .
purchasing goods or in 271.102(c) of the Code Provides participate i t
services under a cooperative Purchasing p ides tha t o local ovemme
the local government seek com P Chasing program satisfes an 9 nt
and servic petitive bids for purchase of the Y state law requiring that
es have been competitively oods or services. The contr
governments across bid to increase and sim li acts for goods
s the State of Texas. P y the purchasing owe
9 P r of local
The Law Department recommends that the Purchasing Division
regarding execution of agreements g n review these agreements ' •
last &C re tar. Goan f 9 ments with these cooperatives was eriodically. The
Going forward these agreements will be reviewed aPPro�ed on March 27, fop 1
awed every five years.
Approval of this Mayor and Council
exceeding the uncil Communication will not commit
9 e admrnrstrative procurement t mrt the City to spend any funds. Purchases threshold
authorization as required. City Code of ordinances will b
e
EMQA1j_NFQMAT1QN&ERjffjCAjj9N:
The Finance Director certifies that the execution of these cooperative
on City funds. pe a#roe purchasing agreements
will have no
13QN107-01301KDK
ogname: 13 PO7-g i 30
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Egg G.■ne�/Af`/!!�!117tiI�j ntem
�.� t..�J/Awrn�IfltlCel��eC�.
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Karen Montgomery (0222)
Lena Ellis (8517)
Jack Dale (8357)
Add
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Logname: 13P07-0130