HomeMy WebLinkAboutContract 29053 CITY SECRETARY
09-03-03 P01 : 27 i CONTRACT No.
INTERLOCAL GOVERNMENTAL CONTRACT FOR PURCHASING
CITY OF FORT WORTH
AND
CITY OF KELLER
This contract is made and entered into this September I day of 20113
by and between the City of Keller, Texas, a governmental agency, (hereinafter referred to as Keller),
acting by and through its duly authorized City Manager, Lyle H. Dresher, and the City of Fort Worth,
(hereinafter referred to as Fort Worth) acting by and through Richard Zavala it's duly
authorized Assistant City Manager.
WHEREAS, Keller and Fort Worth (hereinafter collectively referred to as the "parties" or either
"party") are political subdivisions of the State of Texas authorized to contract with each other relative to
governmental functions and services by the interlocal Cooperating Act, Texas Government Code,
Chapter 791; and
WHEREAS, the parties believe that cooperating in the purchasing of various goods, materials,
equipment and supplies which both parties use in carrying out their governmental functions and services
will enable the parties to obtain these goods, materials, equipment and supplies in better terms and/or
prices than by making such purchases individually, and both desire to increase efficiency and
effectiveness of such purchasing by acting joint in competitively procuring selected goods, materials,
equipment and supplies.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained
herein, the parties agree as follows:
1.
AGREEMENT
This Contract shall be for a term of one (1) year beginning on September 1, 2003 and ending on
August 31, 2004. This Contract shall automatically renew for one (1) year terms thereafter unless one
party gives written notice to the other party of its desire not to renew. The written notice required shall be
at least sixty(60)days prior to the expiration of an existing one-year term.
2.
SCOPE AND IMPLEMENTATION
It is the intent of the parties that the joint or cooperative purchasing through each other's contracts
will be as broad as is allowed by applicable state statutes. Unless otherwise prevented by law, it is the
intent of the parties that the two may take part in joint purchase for any goods and services they may
need to carry out their governmental functions, and that either one will use reasonable efforts to allow the
other to make purchases under its contracts. Any purchasing agreement or purchase order shall be
acknowledged by the supplier and shall be considered as being issued under this agreement and shall be
subject to all of the terms and conditions of this agreement without the necessity of those being set out or
specifically referred to in such purchasing agreement or purchase order.
Page: 1 " a?Yrs Ii+l.
3.
COMPENSATION
The parties agree to share the cost of the respective joint solicitations in a fair and equitable
manner, to be agreed upon in connection with each such solicitation.
4.
COMPLIANCE WITH LAWS
The parties hereby agree to abide by and obey all applicable local, state and federal laws and
requirements, which apply to their respective procurement policies. It is specifically understood and
agreed that whichever party is handling the preparation and processing of the joint invitations for bid shall
comply with all legal requirements for competitive bidding which are applicable to both parties.
5.
NOTICES
Any notices or other communication required or allowed to be given by one party to the other
pursuant to this Contract shall be electronically submitted, hand delivered, or mailed by United States
Postal Service, proper postage affixed to the addresses shown below:
To: City of Fort Worth
Purchasing Manager
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
Email Address: robert.combs@fortworthgov.org
To: City of Keller
Purchasing Department
P.O. Box 770
Keller, Texas 76244
Email Address: kjustice@cityofkeller.com
6.
GOVERNING LAW AND VENUE
This contract shall be governed by and interpreted on accordance with the laws of the State of
Texas. This contract is entered into and is to be performed, wholly or in part, in the State of Texas and In
Tarrant County, Texas. In any action brought under the contract, venue shall be exclusively in Tarrant
County, Texas. In the event that any portion of this contract shall be found to be contrary to law, it is the
intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the
extent possible.
Page: 2
7.
MISCELLANEOUS PROVISIONS
By execution of this contract, each party represents to the other that:
a. In performing its duties and obligations hereunder, it will be carrying out one or more
governmental functions or services,which it is authorized to perform;
b. The undersigned officer or agent of the party has been properly authorized by that party's
governing body to execute this contract and that any necessary resolutions extending such
authority have been duly passed and are now in effect.
C. All payments required or permitted to be made by a party will be made from current revenues
available to the paying party; and
d. All payments provided hereunder by one party to the other shall be such amounts as to fairly
compensate the other party for the services or functions performed hereunder.
8.
CONSTRUCTION OF CONTRACT
This contract represents the full, final and complete agreement of the parties related to its subject
matter and may not be added to, contradicted or otherwise modified by evidence of prior or
contemporaneous agreement or subsequent oral agreements or statements of either of the parties, nor
by any writing not signed by both parties after the date of this contract. No representations, inducements,
promises, or agreements, oral or otherwise, not embodied or incorporated herein shall be of any force or
effect. In case if any apparent ambiguity or conflict among any of the terms or provisions of this contract,
they shall be construed as nearly as possible as to effectuate each and all of such terms or provisions
keeping in mind that the overriding purpose of this contract is the public purpose of increasing the
efficiency and effectiveness of the respective purchases of goods, materials, equipment and supplies by
the parties
IN WITNESS WHEREOF, the Parties hereto have executed this contract on this date, the
September day of 3rd 2003
4NAME:
City of Fortl (W jorthh:
H. Dresher NAME: t T_ NEA�> 'Z ate"A.
TITLE: City Manager TITLE: J�,e`tr 0(=,v PAC fT,,
ATTEST:
By:
NIX4MR. Vhedi Stephen NAME: lor i �0.r5or+
TITLE: City Secretary TITLE: ZA-4,sccrkfgr-•�
4P
contract ,Authorization
1& 1) 17
Date
Page: 3 �.
APPROVED AS TO FOR APPROVED AS TO FORM AND
LEGALITY LEGALITY
By: By:
NA tanto Lo NAME: G4 c,J S
TITLE: City Attorney TITLE:
Page: 4
1 RESOLUTION NO. 2017
2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KELLER,
3 TEXAS, APPROVING AN INTERLOCAL GOVERNMENTAL CONTRACT FOR
PURCHASING WITH THE CITY OF FORT WORTH, RELATING TO THE
4 PURCHASING OF VARIOUS GOODS, MATERIALS, EQUIPMENT, AND
5 SUPPLIES; AND AUTHORIZING THE CITY MANAGER TO EXECUTE
SAID CONTRACT ON BEHALF OF THE CITY OF KELLER, TEXAS .
6
WHEREAS, the cities of Keller and Fort Worth, Texas
7 (herein collectively referred to as the
"parties" or either "party" ) are political
8 subdivisions of the State of Texas,
9 authorized to contract with each other
relative to governmental functions and
10 services pursuant to the authority granted
by Article 791 et seq. of the Interlocal
11 Cooperation Act ; and
12 WHEREAS, the parties believe that cooperating in the
13 purchasing of various goods, materials,
equipment, and supplies, which both parties
14 use in carrying out their governmental
functions and services, will enable the
15 parties to obtain these goods , materials,
equipment, and supplies in better terms
16 and/or prices than by making such purchases
17 individually; and
18 WHEREAS both parties agree that participation in a
cooperative purchasing program will be
19 highly beneficial to the taxpayers with
20 potential savings to be realized; and
21 WHEREAS both parties desire to increase efficiency
and effectiveness of such purchasing, by
22 acting jointly in competitively procuring
selected goods, materials, equipment , and
23 supplies .
24
25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF KELLER, TEXAS :
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Section 1 : THAT, the above findings are hereby found to
1 be true and correct and are incorporated
2 herein in their entirety.
3 Section 2 : THAT, the parties agree to cooperate in the
purchasing of various goods, materials,
4 equipment, and supplies which both parties
use in carrying out their governmental
5 functions and services .
6 Section 3 : THAT, award of bids or contracts by either
7 party satisfies the notice and bidding
requirements of the Texas Local Government
8 Code, Section 252 et seq. for both parties .
9 Section 4 : THAT, the City Council of the City of Keller
10 Texas hereby approves the Interlocal
Governmental Contract for Purchasing with
11 the City of Fort Worth, in accordance with
the terms and conditions set forth in said
12 contract, which is attached hereto as
Exhibit "A" ; and further authorizes the City
13 Manager to execute said contract relating
thereto on behalf of the City of Keller,
14 Texas .
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1 AND IT IS SO RESOLVED.
2 Passed by a vote of 4 to 0 on this the 12th day of
August , 2003 .
3
4 CITY OF KELLER, TEXAS
5
6 By:
lie A. Tandy, Mayoo
7
ATTEST :
8
9
10 Mill Stephens, C ty Secretary
11 Approved o and Legality:
12
13 L. anto y ity Attorney
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City of Fort Worth, Texas
MayorariJ Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
12/17/02 **P-9725 0002-0288 1 of 2
SUBJECT PURCHASE AGREEMENT FOR GASOLINE AND DIESEL FUEL WITH PRIMARY AND
SECONDARY VENDORS FOR THE CITY OF FORT WORTH AND VARIOUS
TARRANT COUNTY GOVERNMENTAL ENTITIES
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize a purchase agreement for gasoline and diesel fuel with primary and secondary vendors
for the City of Fort Worth and Interlocal Agreements with various Tarrant County governmental
entities. Prices will be based on the overall low bid of the Dallas Metro Texas OPIS (Oil Price
Information Service) Petrosat Net Price per gallon for the day the fuel is delivered and Wall Street
Journal, Cash Prices, Fats and Oils (for bio-diesel fuel only) each Monday. Payment is due 30 days
from the date the invoice is received. The City takes ownership at the City's storage tank and
freight is not charged; and
2. Authorize the primary award for gasoline to Superior Fuels and Lubricants and the secondary award
to Reeder Distributors; and for diesel, the primary award.to Reeder Distributors and the secondary
award to Lucky Lady. See the attached bid tabulation for pricing; and
3. Authorize the City Manager to enter into Interlocal Agreements with various Tarrant County
governmental entities, as requested, based on the same prices, terms and conditions of the original
agreement; and
4. Authorize this agreement to begin December 17, 2002, and expire December 16, 2003, with options
to renew for four additional one-year periods.
DISCUSSION:
City departments and various Tarrant County governmental entities will use this agreement to obtain
gasoline and diesel fuel to supply and operate gasoline and diesel-powered equipment. No guarantee
was made that a specific amount of fuel would be purchased. During the previous year, the City
purchased about 2,120,000 gallons at a cost of $2,014,000, and various local governmental entities
purchased about 1,900,000 gallons at a cost of$1,805,000.
Gasoline and diesel fuel were bid as an Interlocal Agreement to develop and encourage cooperative
purchasing efforts to reduce the cost of gasoline and diesel fuel to the City and other Tarrant County
governmental entities. The following entities have purchased fuel utilizing the current Interlocal
Agreement: the City of Arlington, the City of Grapevine, Tarrant County, and Tarrant County College.
Awarding a secondary agreement will ensure an uninterrupted supply of all fuels to the City and other
governmental entities should the primary vendor fail to provide fuel in instances such as fuel shortages
and curtailments.
City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
12/17/02 **P-9725 0002-0288 2 of 2
SUBJECT PURCHASE AGREEMENT FOR GASOLINE AND DIESEL FUEL WITH PRIMARY AND
SECONDARY VENDORS FOR THE CITY OF FORT WORTH AND VARIOUS
TARRANT COUNTY GOVERNMENTAL ENTITIES
BID ADVERTISEMENT - This bid was advertised in the Commercial Recorder on October 9 and 16,
2002. The Purchasing Division solicited 15 vendors from the purchasing system database and 10 from
the DemandStar.com plan holders. Seven vendors responded with a bid, two of which did not quote a
complete bid of one or more categories as required in the specifications.
BID TABULATION - See the attached bid tabulation.
M/WBE - A waiver of the goal for M/WBE subcontracting requirements was requested by the
Purchasing Division and approved by the M/WBE Office because the purchase of goods is from
sources where subcontracting or supplier opportunities are negligible.
RENEWAL OPTIONS - This agreement may be renewed for up to four successive one-year terms at
the City's option. This action does not require specific City Council approval provided the City Council
has appropriated sufficient funds to satisfy the City's obligations during the renewal term.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available as in the current operating budget, as
appropriated, of the Equipment Services Fund.
CB:k
BQN/02-0288/KDK
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Charles Boswell 6183
Originating Department Head:
Jim Keyes 8517 (from) APPROVED 12/17/02
Additional Information Contact:
Robert Combs 8357