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R-11-01-13-10E3 - 1/13/2011RESOLUTION NO. R -11 -O1 -13-10E3 WHEREAS, Section 271.102 of the Texas Government Code, V.T.C.A., authorizes local governments and agencies of the state to pursue mutually beneficial and cooperative purchasing programs, and WHEREAS, the City of Round Rock wishes to enter into a Cooperative Purchasing Agreement with the City of Fort Worth to purchase like goods and services to avoid duplicate procurement efforts and obtain the benefits of volume purchasing, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Cooperative Purchasing Agreement with the City of Fort Worth, a copy of same being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 13th day of January, 2011. ATTEST: Secrabt' Cit SARA L. WHITE, y y O:\wdox\SCClnts\0112\1104\MUNICIP AL\00210600.DOC/rmc hi ALAN MCGRAW, Mayor City of Round Rock, Texas City of Fort Worth & City of Round Rock 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 date written below between the City of Round Rock, Texas ("Round Rock") and the City of Fort Worth, Texas ("Fort Worth"). WHEREAS, both Round Rock and Forth 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, Round Rock and Forth 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, Round Rock and Fort Worth agree as follows: SECTION 1. The purpose of this Agreement is to provide Round Rock 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. Page 1 of 3 City of Fort Worth & City of Round Rock 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 Round Rock 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 than 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. Page 2 of 3 City of Fort Worth & City of Round Rock Cooperative Purchasing Agreement EXECUTED this day of 201 CITY OF FORT WORTH 1000 Throckmorton Street Fort Worth, Texas 76102 CITY OF ROUND ROCK 221 East Main Street Round Rock, Texas 78664 By: By: Karen L. Montgomery Title: Assistant City Manager APPROVED AS TO FORM AND LEGALITY: Name: Alan McGraw Title: Mayor Date Signed: Denis McElroy Steph. L.a.4141 Sheets Assistant City Attorney, Fort Worth City Attorney, Round Rock Contract Authorization Contract Authorization Marty Hendrix, City Secretary, Sara L. White, City Secretary Forth Worth Round Rock Date Date Page 3 of 3 .ti ROUND ROCK, TEXAS PURPOSE. PASSION. PROSPERITY. Agenda Item No. 10E3. City Council Agenda Summary Sheet Consider a resolution authorizing the Mayor to execute a Cooperative Purchasing Agreement Agenda Caption: with the City of Fort Worth, Texas. Meeting Date: January 13, 2011 Department: Finance Staff Person making presentation: Cheryl Delaney Finance Director Item Summary: State law allows Cities to enter into Interlocal agreements between local governmental bodies to satisfy state bidding requirements when purchasing goods and services. The purpose of this agreement is to provide the City another option to facilitate compliance with State bidding requirements and realize administrative cost savings. Strategic Plan Relevance: 8.0 Maintain and enhance public confidence, satisfaction and trust in City government. Cost: N/A Source of Funds: N/A Date of Public Hearing (if required): N/A Recommended Action: Approval EXECUTED DOCUMENT FOLLOWS City of Fort Worth & City of Round Rock Cooperative Purchasing Agreetnent FORT WORTH CITY SECRETARY CONTRACT NO. (41 y L LA COOPERATIVE PURCHASING AGREEMENT This Cooperative Purchasing Agreement ("Agreement") is made and entered into as of the date written below between the City of Round Rock, Texas ("Round Rock") and the City of Fort Worth, Texas ("Fort Worth"). WHEREAS, both Round Rock and Forth 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, Round Rock and Forth 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, Round Rock and Fort Worth agree as follows: SECTION 1. The purpose of this Agreement is to provide Round Rock 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. Page 1 of 3 24OU' 13- 117E3 City of Fort Worth & City of Round Rock 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 Round Rock 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 than 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. Page 2 of 3 City of Fort Worth & City of Round Rock Cooperative Purchasing Agreement EXECUTED this `44-}‘'‘ day of CITY OF FORT WORTH 1000 Throckmorton Street Fort Worth, Texas 76102 By: Karen L. Montgomery . Title: Assistant City Manager A- './ to 9." A, APPROVED AS TO FORM AND LEGALITY: i(oi Denis N troy Assistant City Attorney, Fort Worth -IC"11e� Contract Authorization Marty Hendri City Secretary, Forth Worth Date 0,\\LOJQAtt Page 3 of 3 ,201 I . CITY OF ROUND ROCK 221 East Main Street Round K,e k, Texas786 4 By: Name: Alan McGraw Title: Mayor Date Signed: 1 . I3.2DJ Steph.' L. Sheets City A torney, Round Rock Contract Authorization 41040'. Sara L. White, City Secretary Round Rock 1.13.2b// Date