HomeMy WebLinkAboutContract 62530CSC No. 62530
COOPERATIVE PURCHASING AGREEMENT
This Cooperative Purchasing Agreement ("Agreement") is made and entered into between
Equalis Group, LLC ("Equalis Group") and the City of Fort Worth, Texas ("Fort
Worth").
WHEREAS, both Equalis Group 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, certain government agencies execute a Management Services Agreement
("Lead Agencies") with Equalis Group; and
WHEREAS, after a competitive solicitation and selection process conducted by Lead
Agencies, Lead Agencies enter into master agreements ("Master Agreements") with
awarded suppliers to provide a variety of goods, products, and services; and
WHEREAS, Equalis Group Lead Agencies and Fort Worth are authorized by Section
271.102 of the Local Government Code or other applicable statutes in their respective
states to pursue mutually beneficial and cooperative purchasing programs.
NOW, THEREFORE, for and in consideration of the mutual obligations and benefits
contained herein, Equalis Group and Fort Worth agree as follows:
SECTION 1. The purpose of this Agreement is to provide 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.
Cooperative Purchasing Agreement Page 1 of3
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.
Cooperative Purchasing Agreement Page 2 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 Equalis Group 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 3 of 3
AGREE AND EXECUTED:
CITY OF FORT WORTH
200 Texas Street
Fort Worth, Texas 76102
By:�
Title: Interim Chief Procurement
Officer
Date: Dec 27, 2024
APPROVED AS TO FORM AND LEGALITY:
�w� By: ___________ _ Name: Jessika Williams
Title: Assistant City Attorney
CONTRACT AUTHORIZATION:
M&C: 23-0145
ATTEST:
By:_F __ A _� ____ _ Name: Jannette Goodall
Title: City Secretary
Cooperative Purchasing Agreement
EQUALIS GROUP
5540 Granite Parkway, Ste 200
Plano, TX 75024 Digitally signed by Eric E • M kl Merklen ( er e Date: 2024.12.26 14:16:52By: -06°00·
Title: EVP, Operations
Date: --------------
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.
By: JE}§l1's Fernandez (Dec 26, 20241@4 CST)
Name: Jesus Fernandez
Title: Purchasing Supervisor
Page4 of3
12/5/24, 9:44 AM
CITY COUNCIL AGENDA
Create New From This M&C
DATE:
CODE:
SUBJECT
FORT �'�'ORTH
_�v
V REFERENCE **M&C 23- 13P COOPERATIVE
2 2023 NO.: 0145 LOG NAME: PURCHASING AGREEMENTS
TD FMS
P TYPE: CONSENT PUBLIC NO
HEARING:
(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.
M&C Review
apps.cfwnet.org/council_packet/mc_review.asp?ID=30772&councildate=2/2S/2023 1/2
12/5/24, 9:44 AM M&C Review
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FROM
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Submitted for City Manaqer's Office bv:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
Reginald Zeno (8517)
Anthony Rousseau (8338)
Anthony Rousseau (8338)
Taylor Dean (7648)
apps.cfwnet.org/co uncil_packet/mc_review.asp?I D=30772&councildate=2/2S/2023 2/2