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Home My WebLink AboutContract 45364City of Fort Worth & Pasadena ISD Cooperative Purchasing Agreement FORT WORTH CITY SECRETARY CONTRACT NO. LI5 `:j(j`� COOPERATIVE PURCHASING AGREEMENT This Cooperative Purchasing Agreement ("Agreement") is made and entered into as of the date written below between the Pasadena Independent School District ("Pasadena ISD") and the City of Fort Worth, Texas ("Fort Worth"). WHEREAS, both Pasadena ISD 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, Pasadena ISD 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, Pasadena ISD and Fort Worth agree as follows: SECTION 1. The purpose of this Agreement is to provide Pasadena ISD 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 of the parties 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. Page 1 of 3 RECEIVED FEB 18 40 City of Fort Worth& Pasadena ISD Cooperative Purchasing Agreement 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. 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 ambiguilies, are to be resolved against the drafting party must not be employed in the interpretatlon of this Agreement or any amendments or exhibits hereto., SECTIONS. 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 i's held to be illegal, invalid or unenforceable, the legality, validity or en.1 orceability of the remaining -terms or provisions of is Agreement shall not be affected thereby, and 'in lieu of each such 'Illegal, invalid or unenforceable to or provision, the parties shall endeavor to agree to a legal, valid or enforceable, to or provision as similar as possible to the term or provision declared illegal, invalid or unen i I tbrceable. SECTION 10. Execution of this Agreement does not obligate Pasadena ISIS or Fort Worth to make any purchase, to pay any membership fee or to o i therwise or n any manner,incur any cost or obfigation, SECTION I L This Agreement may be executed in multiple counterparts, each of which shall be deemed mi original, and all of which shall constitute but one and the same 10 instrument. SECTION 1.2. The undersigned officers and/or agents are properly authon*zed to execute this Agreement en, 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 ful.1 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. Page 2 of 3 By: City of Fort Worth & Pasadena ISD Cooperative Purchasing Agreement EXECUTED this CITY OF FORT WORTH 1000 Throckmorton Street Fort Worth, Texas 76102 1 Alanis Title: Assistant City Manager APPROVED AS TO FORM AND LEGALITY: c. ssistant City Attorney M&C P-10710, January 15, 2008 Contract Authorization Mary J. K. o -, City S Date • retary day of �.(,47 aoiy z04-3s. PASADENA INDEPENDENT SCHOOL DISTRICT 1515 Cherrybrook Lane Pasadena, Texas, 77502 ohn M. Piscacek Title: Associate Superintendent of Finance Boar• President Date Page 3 of 3 City o ' Fort Worth, Texas Ma,,,.1.v, or and Counc I t.00MFIiunication COUNCIL ACTIONS Approved on 1/115/20108 DATE: Tuesday, January 15, 2008 REFERENCE NO.: **P-10710 LO,G NAME:, 13P07-0130 0 SUBJECTO Authorize Cooperative Purchasing Agreements for Goods and Services Between the City of Fort Worth, Local Governments and Local Cooperative Organizations Authoirized by the Texas Local Government Code ............... ....... ....... .......................... RECOMMENDATION.- It is, recommended that the City Council authorize the tarty 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 for 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 wi'll 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 wilth written notice to the other party. Section 271.1012(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 plurchas,ing 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 Diepairtmennt recommend's 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-1851 g . 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 fuinds., Purchases exceeding the administrative procurement threshold provided in the City Code of Ordinances will be presented to Council for authorization as required. FISCAL INFORMATION / CEIRTIFICAITIONIN Logname-, 13.P07-0130 Page I of 2 The Finance Director certifies that the execution of these cooperative purchasing agreements will' have no material effect on City funds. BQN\07-013 1\KDK FUND CENTERS: TO Flu nd/Accou nt/Centers FROM Fun�d/Acc,ount/'Cent�ers, CERTIFICATIONS: Submitted for Citv Manager's Office by: Karen Montgomery (6222), Originating Department Head: Lena Ellis (8517) Addiblonall Information Contact-, Jack Dale (813517) ATTACHMENTS Ne attachments found. Lognarne: 13P07-0130 Page 2 of 2