HomeMy WebLinkAboutContract 42465 t ;.
1
City of Fort Worth
Coo & Harrison Fount
perati ve Purchasln Y� Texas
Purchasing Agreement ORIGINAL
FORT WORTH CITY
CONTRACT Nom.A2L���
OOPERATIVE PURCHASING AGREEMENT
This Cooperative Purchasing Agreement ("Agreement')
below between Harrison
is made and Worth, Texas son bounty, entered into as of
"Fort Worth" , Texas ("County")• and the City of Fort
WHEREAS., both County and FOB Worth have
o purchase like goods each determined a need
obtain the benefits and services to avoid for a cooperative
Of volume Purchasing; duplicate procurement g, and rat efforts and
WHEREAS� County y and Fort North area
nnrnent bode to authorized by Section
Pursue mutually beneficial 271.10 o f the �o
and cooperative purchasing cal
Npy�', THEREFOR-E., p asing programs.
. for and in co
contained herein, fount nsI deratYOn Of the mutual y and Fort Worth agree obl�gat�ons and be
g e as follows; nef is
SECTIaN 1. The
additional purpose of this Agreement i
Purchasing options b s s to Provide Count and Fort
Local Government Y satisfying the provisions Y Worth with
rnmenfi Code, ons of ,Section 271-102 of the
SECTION Z. The •
person t parties agree that each of
to under the dire the parties shall res '
"Designated Representative ct�on of, and on behalf pectively designate a
"�, of, the designatin
g party the
SECTION 3. At the
request of the other part a
vendor for goods or se Party party that e '
services (the First Purchasi raters Into a contract with
vendor's agreement to Purchasing Party) a
Purchasing offer those goads Y � shall attempt to obtain
as�ng party») for the s and services to the other rain the
offered to the First same price and on the sane er party (the "Second
Purchasing part terms and conditions as
Purchasing part is Y• If the vendor have been
Y agreeable to such terms . • S° agrees, and if the
may enter into its own se • and conditions, the S Second
or services.
parate contract with the vendor Se Purchasing part
dor for the purchase Y
Of such goods
SECTION 4• Unless
otherwise agreed b
Payments for a Purchase m between the Desi
the vendor a ode by the ,Second pu gnated Representatives,
and not to the First Purchasing rchasing Party shall b es,
the responsibility o haling Party. The Second determining whether Purchasing a
Its contract with the Ven er the vendor has corn g �Y shall have
dor, including but no plied with any roitems and terms o f deli t limited to rho p visions in
very, and shah be responsible se relating to the quality
against the vendor, including onsi ble for q y of
udin all cost of enforcement. nforcement o f its contract
ontract
SECTION 5• This
yaws Agreement will be subject
ordinances, rules an blect to b
d regulations. l state
1�j and local
al
CITY SEC
� RETAp
Page 1 of-3 FT. WORTH.
��-,y. 57
e r
City of Fort Worth& Harrison County, Texas
Cooperative Purchasing Agreement
k
SECTION 6. This Agreement may be i
y 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 '
g party and, if it so chooses, its counsel
have reviewed and revised this Agreement and that the
e normal rule of construction to the
effect that any ambiguities are to be resolved against '
g st the drafting party must not be
employed in the interpretation of this Agreement or any y amendments or exhibits hereto.
SECTION S. I f 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
, Texas or the U courts
located in Tarrant County, United States District Court for the Northern
District of Texas — Fort North Division. This Agreement shall be construed in
accordance with the laws of the State of Texas.
SECTION 9. I f any term or provision of this Agreement g nt is held to be illegal, invalid or
unenforceable, the legality, validity or enforceability of the remaining provisions
g t erms 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 '
illegal, invalid or u p e term or provision declared
g unenforceable.
SECTION 10. Execution of this Agreement does not obligate County or Fort North
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
instrument.
onstitute but one and the same
SECTION 12. The undersigned officers and/or agents g is 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 extendin h auth
are now in full f g such o�ty have been duly passed and
orce and effect.
SECTION 13. All notices, requests, demands and other her communications which are
required or permitted to be given under this Agreement shall b writing g e in writing and shall be
deemed to have been
duly given upon the delivery or receipt thereof, as the ca
if delivered personally r sent b re � se may be,
y y registered or certified mail, return receipt requested,
postage prepaid, to the respective city representative set tout below, or his/her designee.
Page ? of 3
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City of Fort North& Harrison County, Texas
Cooperative Purchasing Agreement
EXECUTED this 27 h day of September, 2011.
CITY OF FORT WORTH HARRISON COUNTY,TEXAS
1000 Throckmorton Street 200 West Houston St., 1St Flo r,Rm. 107
Fort Worth, Texas 75102 Marshall, xas 75670
r i
By: By:
Torn Higgins Hugh Tay
. Interim City Manager
Tale: _ Tale: County Judge
APPROVED AS TO
FU AND LEGALITY:
Assistant City Attorney
P-- t r -ice C
Contract Authorization �-
or
AV 00000000
. ° %0
0 Q
Marty Hendrix, Cit Secretary o o
°o 6ap
Date
444 X AL
OVFICIAL R
IECoRD
CITY
SECRETARY
i WORTK TX
r
Page 3 of 3
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CITY Councl
AGENDA Offf.c I al s'te Of the City Of For
FON
s �
COUNCIL A C
DATE: TION: A p ro
111512pp p red on ?1�512
COLE: 8 REFERS 008
S P NCB N4.; **
SUBJECT: Authorize TYPE: p_10710
CONSENT LAG NAME:
Of Fort Cooperative Purchasing P 13
Local Gov ng Agreement U8LIC HEAR P07-0130
_ Texas Local G ernments a s for Goods HEARING: Np
overnment COd and Local Coo er and Services g
e P ative Cr e�Veen .
Organizations Authorized City
REC OMMEND uthorize
A TIOH: d by the
It is recommended• that the City Ong Agreement Council auth
and local coo s for goods and onze the Ci M
Perative Porch services between Manager to
Purchasing Organ' rvi etween the execute Cooperative
ns authorized Crty of For# Worth,
DISCUSSION. zed by the Tex local governments
as Local Govern e.
men#Code
The Purchasing g division will u
ve°r use this authorization
Fort Worth ganiza#ions to obtain on to
to take advantage am goods or services.C°ntract with lac
Fort to existing ge of lower rv�ces• the u al goVernme
use of these nts and iota!
Galveston Area g C4mPetitively Procured without the contracts
ea Council, Tex P cured contract C°st of tom e • • allows the
Cooperative a as s with e P titive bidding City of
and U.S, Comm . ,Association of Sc entities such as dd,ng by obtaining
Communities. With
Boards:L Tarrant Cou nin9
oca! Government nty, Houston-
This authorization will allow other local gave
redo!#in ramie to rnments such as
Of f the addition of participate in �`arra
goods and services other entitieSr contracts awarded t County, the
econon��e rCeS bid increases quantitieS at the d by the Ci City of Arlin t
s of scale. aSes the a next biddin ty of Fort wort 9 on
notice to the Either of the c Possibility of low g°pPortuni h that may
other Party. contract Partici lower pr�CeS tot tY• lncreasin Y
Pants may ter he City through the volume
m�nate the agreement h greater
g eement with written
Section 271.102(a)� 2(a) Of the Texas
cooperative Purchasing as Local Gover
Purchas�n g programs Secti nment Code al!
g goods or Service on 271.10 °�'S local
requiring that the l s under a c 2�c� of the �°vernmen
contracts fo local government coo Code Provides is to Partici at
r goods ands nt Seek cony e • . purchasing program that a Loca! P e�n
�Dwer°f local erviceS have b P t�t�ve bids far sans fies a g°Vernment
governments acrd been c4mAetitiv PurchaSe Of the any state law
across the State o f�- ely bid to increase a goods or Semi
Texas, se and simple the Ces. the
fy a purchas
Ong
he Law Department Partment reCOrnrn
!!y. The last M ends that the P
I March 27, 20 &C regarding urchasing Division
ars. 01 �M�C C-1 g g exeCUt�on o f d review these 510). Going fo greernents With agreemen
rvvard these a h these coo is
agreements will Pera#fives was a
be re APrDVed
viewed every five
�Doca
ments and Settzn s
� lJackS°m My Doc Umentsl-fp
U°rgan phase
P Card I p Car
d Agreem
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Approval of this Mayor and Council Communication will not commit the City
Purchases exceeding he administrative to spend any funds.
9 e procurement threshold provided in the City Code of
Ordinances will be presented to Council for authorization as required.
FISCAL INFORMATIO NICE RTIFICATION:
The Finance Director Certifies that the execution of these cooperative purchasing
have no material effect on City funds. p p s�n9 agreements will
BQNI07-4130IKDK
TO Fund/Account/Centers FROM Fund/Account/Cen
tens
Submitted for City Manager's office by.- Karen Montgomery ry (fit
22)
Ori inatin De artrnent Head: Lena Ellis 8517
Additional Information Contact: Jack Dale 8357
)
ATTACHMENTS
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