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HomeMy WebLinkAboutContract 42464 City of Fort Worth& cit of Iowa Park Cooperative Purchasing Agreement FORT WORTH CITY SECRETARY CONTRACT NO. L COOPERATIVE PURCHASING AGREEMENT This Cooperative Purchasing Agreement " the date written below between theCity of Iowa Part'4� is made and entered into as of Texas("Fort Worth"). � ) and the City of Fort Worth, WHEREAS, both Iowa Park and Fort Worth have each determined a need for a cooperative agreement to purchase like goods and services to avoi procurement efforts and obtain the benefits of volume purchasing; and d duplicate WHEREAS, Iowa Park and Fort Worth are authorized b the Local Government Code to pursue mutually beneficial and Cooperative Section 271.102 of programs. purchasing NOW, THEREFORE, for and in consideration of the mutual obligations and benefits contained herein, Iowa Park and Fort Worth agree as follows SECTION 1. The purpose of this Agreement is to provide I Fort Worth with additional purchasing options by satisfyin thewar Park and 271.102 of the Local Government Code. g p ovlsions of Section SECTION 2. The parties agree that each of the parties shall respectively person to act under the direction of, and on behalf of, the designating designate a "Designated Representative"). g g party (the SECTION 3. At the request of the other party, a vendor for goods or services (the "First Purchasing p�at enters into a contract with a vendor's agreement to offer those goods and services to the other party to obtain the Purchasing Party") for the same price and on the same terms and co ply (the "Second offered to the First Purchasing Party. conditions as have been Purchasing Party is agreeable to such terms andecondidt vendor so agrees, and if the Second may enter into its own separate contract with the vendor for the the Purchase of Purchasing Party or services. such goods SECTION 4. Unless otherwise agreed between the Designated payments for a purchase made by the Second Purchasing Party shall beRepresentatives,aiddirectly to Purchasing the vendor and not to the First Purchasing Party. The Second p directly to the responsibility of determining whether the vendor has complied Party shall have with any provisions in its contract with the vendor, including but not limited to those re items and terms of delivery, and shall be responsible for enforceme to the quality of against the vendor, including all cost of enforcement. ment of its contract OFFICIAL RECORD CITY SECRETARY Page 1 of 3 FT WORTH, TX IN City of Fort Worth& Cit of Iowa Park Cooperative Purchasing Agreement SECTION 5. This Agreement will be subject to all applicable federal state laws, ordinances,rules and regulations. and local SECTION 6. This Agreement may be terminated by either p penalty, upon not less than thirty days written notice to the other party, without cause or. SECTION 7, The parties acknowledge that each party and, if it so chooses have reviewed and revised this Agreement and that the normal rule of constru ti counsel effect that any ambiguities are to be resolved against the draftin coon to the 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, on basis of any provision of this Agreement, venue for such action sha lie ina state co the located in Tarrant County, Texas or the United States District Court for t e courts District of Texas — Fort Worth Division. This Agreement shall be co Northern accordance with the laws of the State of Texas, nstrued in SECTION 9. If any term or provision of this Agreement is held to be illegal, unenforceable, the legality, validity or enforceability of the remaining terms r'provisions is invalid or of this Agreement shall not be affected thereby, and in lieu of each such illegal,p visions 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 or illegal, invalid or unenforceable. P declared SECTION 10. Execution of this Agreement does not obligate Iowa P ark or Fort Worth to make any purchase, to pay any membership fee or to otherwi manner incur any cost or obligation. se or in any SECTION 11. This Agreement may be executed in multiple counterparts, which shall be deemed an original, and all of which shall constitute but onan each of instrument. d the same SECTION 12. The undersigned officers and/or agents are properly authorized 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 to are now in full force and effect. y passed and SECTION 13. All notices, requests, demands, and other communication required or permitted to be given under this Agreement shall be in writing and shat are deemed to have been duly given upon the delivery or receipt thereof, as the shall be case if delivered personally or sent by registered or certified mail, return receipt may be, postage prepaid, to the respective city representative set out below, or his/her designee.quested, Page 2 of 3 �,�.sdai " ��•x s.r.sr��:`��ar max?r�d�s G, -'d�cb �a ``.. t City of Fort Worth& City of Iowa Park Cooperative Purchasing Agreement EXECUTED this 3rd day of October 2011. CITY OF FORT WORTH CITY OF IOWA PARK 1000 Throckmorton Street <Entity Address> 103 N wall Fort Worth, Texas 76102 <City, State, Zip> P•O. Box 190 Iowa Park, as 76367 By: By: Tom Higgins Micha 1 C. P ce Interim City Manager Title: Title: City M �— anager APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney Entity Attorney Title - I o-1 ) o - Contract Authorization o0paoopv04�� p Q o o00 Marry Hendrix, Secretary w i 1 � o o° d ° d te Date 00000a° fi�, OFFICIAL RECORD CITY SECRETARY 71 FT. WORTH, TX Page 3 of 3 i .? � �tty�tar` K - h + .'-: n i ''`t �, � r:�i"' �'` f' ,o.-E• ,+ R4.- .;:. "w�tllfin..-:.F_i,. .a'4i.,'��i ...,...era-sib�-rr+i•.�t .' ,i L„r="' V .1,°.47��s,rn' ��:•- 4 ., aa: .,?*s�$a?` i CIW COUNCIL AGENDA Official site of the City of Fort Worth, FORT RV COUNCIL }w ACTION: pproved on 1/15/2008 '.Ma:.Jt yOV[y,•e;...:.-.1YSLT_Rt:srt.i.r;=Maass➢n,f+awf:-G+HYw3G..oA'ii.lU1H;Y31, DATE: 1/15/2008 REFERENCE NO.: **P-10710.LOG NAME: CODE: P TYPE: 13P07-0130 SUBJECT: Authorize Cooperative Purchasing Agreements Nor Goods PUBLIC HEARING: NO of Fort Worth, Local Governments and Local Cooperative Organizations Au horn ed bCthe Texas Local Government Code y -':..iU.'.v..,s F...'S`i.,ln '. ":aiY`.t�...�y..,.�A",ir:M;f:.!i,Fl.X1Y.'dYi4'r,11►1Yf4f►'.iy-YGSU�y/�kM RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute Cooperative Purchasing Agreements for goods and services between the City of Fort Worth, local governments and local cooperative purchasing organizations authorized by the Texas Local Government Codes Government Code. DISCUSSION: The Purchasing Division will use this authorization to contract with local governments an local cooperative organizations to obtain goods or services. The use of these contracts allows the Cit Fort Worth to take advantage of lower prices without the cost of competitive bidding b obtaining Y of access to existing competitively procured contracts with entities such as Tarrant County, Houston- Galveston Area Council, Texas Association of School Boards' Local Government Purchasing Cooperative and U.S. Communities. as�ng This authorization will allow other local governments such as Tarrant County, the Ci ty of Arlington and the City of Grand Prairie to participate in contracts awarded by the City of Fort Worth result in the addition of other entities' quantities at the next bidding opportunity. that may Of goods and services bid increases the possibility of lower prices to he City through hronu rh greg the volume economies of scale. Either of the contract participants may terminate the agreement with written notice to the other party. n Section 271.102(a) of the Texas Local Government Code allows local governments to cooperative purchasing programs. Section 271.102(c) of the Code provides that a local government in purchasing goods or services under a cooperative purchasing state meet requiring that the local government seek competitive bids for purchase of the goods or services. contracts for goods and services have been competitively bid to increase and simplify the u ch The power of local governments across the State of Texas. fY purchasing The Law Department recommends that the Purchasing Division review these agreements periodically. The last M&C regarding execution of agreements with these cooperatives w on March 27, 2001 (M&C C-18510). Going forward these agreements will be reviewed as approved years. every five ztml:fiIe://C:\Documents and SettingsljacksomlMy Doc uments\JPMorganChase P Cardl P Card Agree... 10/11/2011 w Approval of this Mayor and Council Communication will not commit the City to spend any funds. Purchases exceeding the administrative procurement threshold provided in the City Code of Ordinances will be presented to Council for authorization as required. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that the execution of these cooperative purchasing agreements will have no material effect on City funds. BQN107-01301KDK TO Fund/Account/Centers FROM Fun d/Account/C enters Submitted for City Manager's Office by: Karen Montgomery (6222) Originating Department Head: Lena Ellis (8517) Additional Information Contact: Jack Dale (8357) ATTACHMENTS mhtml:file://C:\Documents and SettingsljacksomlMy Documents\JPMorganChase P Card1P Card Agree... 10/11/2011 s.