Res 071-2011 8/16/2011RESOLUTION NO. __ 71 - 2011 ___
Resolution Authorizing The City Man a ger To Execute A Cooperative
Purchasing Agreement With The City Of Fort Worth, Texas For The
Purchase Of Certain Supplies, Equipment And Services.
WHE REAS, the City of Wichita Falls , Texas and the City of Fort Worth, Texas
manage multiple bids that are issued and awarded throughout the year;
WHEREAS, pursuant to the authority granted by Article 791 et seq. of the
Interlocal Cooperation Act, local government entities may enter into in terlocal
agreements for the purchase of supplies, equipment and services ; and
WHE REAS, the City of Wichita Falls , Texas and the City of Fort Worth , Texas
desire to enter such an agreement, the goal being to obtain cost saving s and reduce
administrative ti me .
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
Cooperative
The City Manager is authorized to execute the attached
Purchasing Agreement
with the City of Fort Worth for the purchase of certain s upplies,
e quipment and services, with changes to form as approved by the City Attorney.
th
PASSED AND APPROVED this the 16 day of August , 2011.
______________________________
M A Y O R
ATTEST:
_________________
City Cl erk
City of Fort Worth and Wichita Falls
Cooperative Purchasing Agreement
FORT WORTH CITY SECRETARY
CONTRACT NO. _________________
COOPERATIVE PURCHASING AGREEMENT
This Cooperative Purchasing Agreement (“Agreement”) is made and entered into as of the d ate
written below between the City of Wichita Falls (“ Wichita Falls ”) and the City of Fort Worth,
Texas (“Fort Worth”).
WHEREAS
, both Wichita Falls 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
, Wichita Falls 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, Wichita Falls and Fort Worth agree as follows:
SECTION 1
. The purpose of this Agreement is to provide Wichita Falls and Fort Worth with
additional purchas ing 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 (t he “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 s ervices 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 a nd 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 vendo r,
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.
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 a cknowledge 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
int erpretation 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 Agreemen t 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 Wichita Falls or F ort
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 exten ding 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
t o 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 des ignee.
EXECUTED
this ____________ day of ________________________, 201__.
CITY OF FORT WORTH CITY OF WICHITA FALLS
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1000 Throckmorton Street 1300 7 Street
Fort Worth, Texas 76102 Wichita Falls, Texas 76301
By: ___________________________ __ By: _______________________________
Karen L. Montgomery
Title: Assistant City Manager ____ Title: ______________________________
ATTEST:
______________________________ ___________________________
Marty Hendrix, City Secretary Lydia Ozuna, City Clerk
APPROVED AS TO
FORM AND LEGALITY:
_________________________________ __________________________________
Denis McElroy , Assistant City Attorney Miles Risley, City Attorney
______________________________
Contract Authorization
Date : _______________________________ Date : _______________________________