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Home My WebLink AboutContract 42491 City of Fort Worth& City of Matador Cooperative Purchasing Agreement FORT WORTH CITY_SECRETARY CONTRACT NO COOPERATIVE PURCHASING AGREEMENT This Cooperative Purchasing Agreement ("Agreement") is made and entered into as of the date written below between the City of Matador ("Matador") and the City of Fort Worth, Texas ("Fort Worth"). WHEREAS, both Matador 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, Matador 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, Matador and Fort Worth agree as follows: SECTION 1. The purpose of this Agreement is to provide Matador 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. OFFICIAL RECORD I CITY -c5ECRETARY FT. WORTH, TX r Page 1 of 3 _ , City of Fort Worth& City of Matador 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 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 Matador 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. OFFICIAL RECORD� CITY SECRETARY ; E He WORTH, TX Page ? of 3 a ,.�. . . -- _..._._.,�.....�_....._. City of Fort Worth& 0;ifa, b`� Cooperative Purchasing Ag Bement EXECUTED this 2..5 day of OU�3'otr , 2011. CITY OF FORT WORTH C!& () dc V- 1000 Throckmorton Street <Enti Address> 101e, c Fort Worth,Texas 76102 <City, State,, By: B�"_ Tom Higgins Interim City Manager Title: APPROVED AS TO F RM AND Llwm kLI TY: Assistant City Attorney Entity Attorney Title Contract Authorization Marty Hendrix, ity Secretary lb�wqeoIFO!7r�� Date d�� ate 0 a 0 U d OFFICIAL RECORD CITY SECRETARY, FT. WORTH, TX ; Page 3 of 3 Ci1Y of Fort W eras MaYor uncil Commung a to DATE: Tuesday, January ry 1 5, 2008 LOG NAME: 13P07-0130 SUZJM: REFERENCE No„ **P,,10710 10710 Authorize Cooperative Purchasing urchasing Agreements f . Worth, Local Governor Cooperative°r �°ods and Services Governments and Local Between the City of F Government Code organizations Authorized Fort prized by the Texas Local RECOMMUWATION: It is recommended that the City Agreements ty Council authorize the City g ments for goods and servic Manager to execute Co cooperative es between the City of Fort operative Purchasing P purchasing organizations authorized orth, local government zed by the Texas Local Govern sand local Government Code, �f 1 The Purchasing Division will u ' organizations use this authorization to contract ' g ons to obtain goods or services. with local governments and to advantage of low The use of these contracts al cal cooperative lower prices without the cost of lows the City of Fort Worth t competitively procured contract competitive bidding b obtaining o take s with entities such as Tarrant y Wing access a existing Texas Association of School So nt County, Houston- .g Boards" Local Government Purc Galveston Area Council �k basing Cooperative P and t1.5. Communities. 3 _ This authorization will allow other local governments such as T City and Prairie to participate • arrant County, the Ci • addition of P , in contracts awarded b the ty of Arlington and the other entities quantities at the bidding Y e City of Fort Worth that may services bid increases the next bidding opportunity. Increasi Y result in the Possibility of lower prices to the Increasing the volume of goods and of the contract participants may t City through greater economies Y erminate the agreement with written nomies of scale. Either notice to the other pa Section X71■�D2 party. . {a} of the Texas Local Gov cooperative Purchasing programs. emrnent Code allows local governments g P g ms. Section �71.10� c of � menu to participate in purchasing goods or services u { } the Code provides t under a cooperative urchasin that a local government the local government seek tom ' • P g Program satisfa5 a . . and services petitive bids for purchase of the any state law requiring that ces have been competitivel bid goods or services. The contra governments across Y d to increase and sim li cis for goods the State of Texas. P fy the Purchasing Power 9 P of local The Law Department recommends that the purchasin Division ' regarding execution of agreements g review these agreements . last C-18510). Going g ements with these cooperatives was periodically. The g forward these agreements s aPPved on ltAarc g ants vv�li be reviewed eve five h �?, ��1 every years. Approval of this Mayor and Co exceeding the until Communication will not commit the City to spend an funds. presented to Council for threshold provided in the City y Purchases authorization as required. � Code of ordinances will be 1 AL INFORM Tl N& Tl The Finance Director certifies material that the execution of these co ' effect on City funds. operative purchasing agreements 9 is will have no BQW07-01301KDK ogname: I3PO7-0130 Page 1 of 2 TQ F ...aie�.•�unt/Cente[� Karen Montgomery (6222) Lena Ellis (8517) 11a��f719nt Additional into -•�� contact• Jack Dale (8357) C Page 2 of 2 Logname: 13P07-0130