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HomeMy WebLinkAboutContract 61972CSC No. 61972 COOPERATIVE PURCHASING AGREEMENT This Cooperative Purchasing Agreement ("Agreement") is made and entered into between 791 Purchasing Cooperative LLC and the City of Fort Worth, Texas ("Fort Worth"). WHEREAS, both 791 Purchasing Cooperative LLC 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, 791 Purchasing Cooperative LLC 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, 791 Purchasing Cooperative LLC and Fort Worth agree as follows: SECTION 1. The purpose of this Agreement is to provide 791 Purchasing Cooperative LLC 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 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, 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. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Cooperative Purchasing Agreement Page 1 of 3 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 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 791 Purchasing Cooperative LLC 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. Cooperative Purchasing Agreement Page 2 of 3 AGREE AND EXECUTED: CITY OF FORT WORTH 100 Fort Worth Trail Fort Worth, Texas 76102 By: Jo Gunn :SepTO, 202410:56 CDT) Jo Ann Gunn Title: Chief Procurement Officer Date: Sep 10, 2024 APPROVED AS TO FORM AND LEGALITY �,� uJ� By: Name: Jessika Williams Title: Assistant City Attorney CONTRACT AUTHORIZATION: M&C: 23-0145 �nnfl ATTEST: <s F Foar46 pie 9.10 dV` °=d aaIlcn�44$4b By. Name: Jannette Goodall Title: City Secretary 791 PURCHASING COOPERATIVE LLC P.O. Box 592867 San Antonio, Texas 78259 By: Jeffory Shokrian (Sep 9, 202410:54 CDT) Jeffrey Shokrian Title: CEO Date: Sep 9, 2024 CONTRACT COMPLIANCE MANAGER: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. ,7es"f-fv-widez By: Jesus Fernandez (Sep 9, 202410:55 CDT) Name: Jesus Fernandez Title: Purchasing Supervisor OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Cooperative Purchasing Agreement Page 3 of 3 9/9/24, 10:00 AM M&C Review ACITY COUNCIL AGEND Create New From This M&C Official site of the City of Fort Worth, Texas FoRTWoRn REFERENCE **M&C 23- 13P COOPERATIVE DATE: 2/28/2023 NO.: 0145 LOG NAME: PURCHASING AGREEMENTS TD FMS CODE: P TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: (ALL) Authorize Utilization of Cooperative Purchasing Agreements for Goods and Services Between the City of Fort Worth, Local Governments and Local Cooperative Organizations Authorized by the Texas Local Government Code RECOMMENDATION: It is recommended that the City Council authorize utilization of cooperative purchasing agreements for goods and services between the City of Fort Worth, local governments and local cooperative organizations authorized by the Texas Local Government Code. DISCUSSION: The Purchasing Division will use this authorization to contract with local governments and local cooperative organizations to obtain goods or services. The use of these Cooperative Agreements allows the City to take advantage of lower prices without the cost of competitive bidding by obtaining 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. This authorization will allow other local governments such as Tarrant County, the City of Arlington and the City of Grand Prairie to participate in contracts awarded by the City that may result in the addition of other entities' quantities at the next bidding opportunity. Increasing the volume of goods and services increases the possibility of lower prices to the City through greater economies of scale. Section 271.102(a) of the Texas Local Government Code allows local governments to participate in cooperative purchasing programs. Section 271.102(c) of the Code provides that a local government purchasing goods or services under a cooperative purchasing program satisfies any state law requiring that the local government seek competitive bids for purchase of the goods or services. The contracts for goods and services have been competitively bid to increase and simplify the purchasing power of local governments across the State of Texas. The last Mayor and Council Communication (M&C) regarding authorization to enter into Cooperative Agreements was approved on June 13, 2017 (M&C P-12061). The Purchasing Division will seek authorization to enter into Cooperative Agreements every five years. The Law Department recommends that the Purchasing Division review the Cooperative Agreements periodically and the Purchasing Division shall conduct such reviews. Approval of this Mayor and Council Communication will not commit the City to spend any funds. Purchases through a Cooperative Agreement that exceed the administrative procurement threshold provided in the City Code of Ordinances will be presented to City Council for authorization as required. A M/WBE goal is not assigned when purchasing from an approved purchasing cooperative or public entity. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that approval of this recommendation will have no material effect on City funds. apps.cfwnet.org/council_packet/mc_review.asp? I D=30772&cou ncildate=2/28/2023 1 /2 9/9/24, 10:00 AM M&C Review BQN\\ TO Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) Submitted for City Manager's Office by_ Originating Department Head: Additional Information Contact: ATTACHMENTS Reginald Zeno (8517) Anthony Rousseau (8338) Anthony Rousseau (8338) Taylor Dean (7648) apps.cfwnet.org/council_packet/mc_review.asp?ID=30772&councildate=2/28/2023 2/2