HomeMy WebLinkAboutContract 38583 City-of Fort Worth& San Antonio Water System
Cooperative Purchasing Agreement
SECTION . This Agreement will be subject to all applicable federal, state and local
laws, ordinances, rules and regulations.
SECTION . 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 e 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 arc 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 I exar County, Texas or the United. States District Court for the Western
District of Texas. This Agreement shall be construed in accordance with the laws of the
State of Texas.
SECTION . If any term or provision of this Agreement is held to be illegal, invalid or
unenforceable, the legality, validly or enforceability of the remaining;ternis or provisions
of this Agreement shall not be affected thereby, and in lieu of each such illegal, invalid or
unenforceable terni or provision, the parties shall endeavor to agree to a legal, valid or
enforceable terni or provision as similar as passible to the term or provision declared
illegal, invalid or unenforceable.
SECTION 10. Execution of this Agreement does not obligate SASS or the City of
Fort Worth to make any purchase, to pay any membership fee or to otherwise or in any
manner incur any cost or obligation. Notwithstanding anything in this Agreement to the
contrary, nothing in this Agreement shall create any obligation by one party for the acts
of the ether party, and neither party shall be responsible in any way for purchases made
by the other party or any disputes between the vendor and the other party.
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
SECTION Ile 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
trhe other that any necessary actions extending such authority have been €laxly passed and
are now in fall 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 writiria and shall be
deemed to have been duly given upon the delivery or receipt thereof, as the case may be,
f delivered personally or sent by registered or certified mail, return receipt requested,
postage prepaid. to the respective city r l r} . ntati$=c t Gaut l el. or his/her designee.
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City of Fort Worth& San Antonio Water System
Cooperative Purchasing Agreement
EXECUTED this day of A 2009�
CITY OF FORT WORTH San Antonio Water System
1000 Throckniorton Street 2800 U. S. Hwy 281 North
Fort Worth, Texas 761,02 San Antonio, Texas 78298
By.
By:
Karen L. Montgomery '014'
Title- Assistant CAKA!qq4g��E Title-
APPROVED AS TO
FORM AND LEGALITY:
,sistant City Attorney
fy I—P ILL 0 t--
Contract Authorization
Cit
CA
Date
RECORD '
RY
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City of Fort Worth, Texas
Mayor and Council Communication
DATE: Tuesday, January 15, 2008
LOG NAME: 13P07-0130 REFERENCE NO.: **P-10710
SUBJECT:
Authorize 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 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 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 contracts allows the City of Fort Worth 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 of Fort Worth that may result in the
addition of other entities' quantities at the next bidding opportunity. Increasing the volume of goods and
services bid increases the possibility of lower prices to the City through greater economies of scale. Either
of the contract participants may terminate the agreement with written notice to the other party.
Section 271.102(x) 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 Law Department recommends that the Purchasing Division review these agreements periodically. The
last M&C regarding execution of agreements with these cooperatives was approved on March 27, 2001
(M&C C-18510). Going forward these agreements will be reviewed every five years.
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 INORMATIONICERTIFICATION:
The Finance Director certifies that the execution of these cooperative purchasing agreements will have no
aterial effect on City funds.
13QN\07-0130\KDK
Logname: 13P07-0130 Page 1 of 2
TO Fund/Account/Centers FROM Fund/Account/Centers
Karen Montgomery (6222)
Submitted for CitV Mana er's Office
Originating Department Head: Lena Ellis (8517)
Additional information Contact: Jack Dale (8357)
Logname: 13P07-0130 Page 2 of 2