HomeMy WebLinkAboutContract 42141 City of Fort Worth& Plano ISD
Cooperative Purchasing Agreement
FORT WORTH CITY SECRETARY
CONTRACT NO. I I
COOPERATIVE PURCHASING AGREEMENT
This Cooperative Purchasing Agreement ("Agreement") is made and entered into as of the date
written below between Plano Independent School District ("PISD") and the City of Fort Worth,
Texas ("Fort Worth").
WHEREAS, both Plano 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, Plano 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, Plano ISD and Fort Worth agree as follows:
SECTION 1. The purpose of this Agreement is to provide Plano 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.
SECTION 5. This Agreement will be subject to all applicable federal, state and local laws,
ordinances, rules and regulations.
I OFFICIAL RECORD
CITY SECRETARY
Page 1 of 3 FT. WORTH, TX 08-19- 1 1 P 12 :22 1 N
City of Fort Worth& Plano ISD
Cooperative Purchasing Agreement
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 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 Plano ISD 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.
EXECUTED this Ci day of .� � S t 2011.
Page 2 of 3
City of Fort Worth & Plano ISD
Cooperative Purchasing Agreement
is CITY OF FORT WORTH PLANO INDEPENDENT SCHOOL DISTRICT
1000 Throckmorton Street 2700 W 15th Street
Fort Worth, Texas 76102 Plano, ff 750 5
By: By:
Karen L. Montgomery 0cRichard Matkin
Title: Assistant City Manager Title: Associate Superintendent Business Services
APPROVED AS TO w
FORM AND LEGALITY:
Joe
Assistant City Attorney Entity Attorn J '
Charlene Sanders
M&C P-10710, January 15 2008 ctrcj n n�--)C ny Ct t Q 11
Contract Authorization Contract Authorization
r �
Marty Hend , City Secr
Date o Date
000 0000
OFFICIAL RECORD
CITY SECRETARY
FT, WORTH, TX
Page 3 of 3
City of Fort Worth, Texas
Mayor and Council Communication
DATE: Tuesday, January 15, 2008
LOG NAME: 13P07-0130
REFERENCE NO.: **P-10710
Authorize Cooperative Purchasing Agreements for Goods and Services Between th
Worth, Local Governments and Local Cooperative Organizations Authorized b e City of Fort
Government Code y the
Texas Local
"X MMENDATION:
It is recommended that the City Council authorize the City Manager to execute Cooperative Pur
Agreements for goods and services between the City of Fort Worth, local governments and
cooperative purchasing organizations authorized by the Texas Local Government Code. nd local
DISC L 61Q_N:
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 he City of Fort Worth to to
advantage of lower prices without the cost of competitive bidding by obtaining accessexisting
xistg
competitively take
P y 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 a
City of Grand Prairie to participate in contracts awarded by the City of Fort Worth that may g and the
addition of other entities' quantities at the next bidding opportunity. Increasing the volume of goods
services bid increases he possibility of lower prices to he City through greater economiesy result in the
of the contract participants may terminate the agreement with written notice to the otherparty. o and
of scale. Either
Section 271.102(a) of the Texas Local Government Code allows local governments
cooperative purchasing programs. Section 271.102(c) of the Code provies hata local pgovernment
purchasing goods or services under a cooperative purchasing
the local government seek competitive bids for purchase of he goods oratisfservic sn The Colaw
ntra is forgo that
and services have been competitively bid to increase and simplify the purchasing goods
governments across the State of Texas. g power of )coal
The Law Department recommends that the Purchasing Division review these agreements periodically.
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 rive years. The
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 h
naterial effect on City funds. have no
13QN107-01301KDK
ogname: 13P07-0130
Page 1 of 2
�� e. nd/Arre�LntlC@ntAft _
Karen Montgomery (6222)
g�,�dd for i
Lena Ellis (8517)
....__ i-#. vmsgnn Contact: Jack Dale (8357)
page 2of2
Logname: 13P07-0130