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Item 4JCITY OF SOUTHLAKE MEMORANDUM October 30, 2013 To: Shana Yelverton From: Sharen Jackson, Chief Financial Officer Tim Slifka, Purchasing Manager Subject: Item 4J Approve Annual City through use of a Cooperative IPA and City of Fort Worth Fuel Purchasing from Martin Eagle Oil Purchasing Agreement with National Action Requested: Approve annual City fuel purchases through a cooperative purchasing agreement with National IPA and City of Fort Worth from Martin Eagle Oil. Background Information: The City currently purchases fuel from Martin Eagle Oil through a cooperative purchasing agreement with National IPA and the City of Fort Worth. This agreement is based on a nationally awarded cooperative purchasing fuel contract. At this time, this contract provides the City with the best overall pricing for our required fuels. It is in the City of Southlake's best interest to continue to purchase fuel through the National IPA and City of Fort Worth fuel contract at this time. In FY 2013, the City's fuel cost was $411,000. Financial Considerations: Maintain lowest available fuel cost for the City. These purchases will be funded through department fuel budget for FY 2014. Strategic Link: B2 — Collaborate with select partners to implement service solutions. Citizen Input/ Board Review: None Legal Review: Interlocal purchasing is allowed through Local Government Code 271.102. City Attorney's have reviewed interlocal agreements. Alternatives: Do not use cooperative purchasing for City fuel purchases and release our own bid. Supporting Documents: Interlocal Agreements with National IPA and City of Fort Worth Staff Recommendation: Approve continued purchasing of City fuel through National IPA and City of Fort Worth national fuel contract from Martin Eagle Oil. A-1 Vw City of Fort Worth Annual Renewal Agreement September 18, 2013 Marlin Eagle Oil Company Inc 2700 Jaynes St Denton, TX 76205 Attn: Brandle Davis Email Address: bfdavis@martineagle.com Phone #: 940-383-2351 ext 224 Fax #: REQUEST TO EXERCISE RENEWAL OPTION Diesel Fuel P.O. #: 12-00073919 Your contract will expire on 11/09/2013 If you agree to extend the existing contract for an additional 12-month period, please mark the appropriate box, sign below and return to the Purchasing Division within 48 hours. Final approval is dependent upon the Purchasing Manager and fund availability. A Notice of Blanket Award with the new purchase order number will be forwarded to you upon completion of the renewal process. Please retu n our si ned renewal letter along with a CORY of Your current insurance certificate. If you have any questions concerning this correspondence, please contact the undersigned at 817-392-8381. Thank you for your prompt attention and for your continued interest in doing business with the City of Fort Worth. Sincerely, Pamela Kenney Purchasing Division Financial Management Services Department 817-392-8381— Direct 817-392-8440 — FAX From: 11/10/13 through 11109114 jwYes, Renew this agreement ❑ No, Do Not Renew this agreement J mie Brockway SeniorBuyer VP Jack Dale, J.D., Purchasing Mai Fort Worth & City of Southlake OFFICIAL RECORD Cooperative Purchasing Interlocal Agreement CITY SECRETARY CONTRACT NO. COOPERATIVE PURCHASING INTERLOCAL AGREEMENT This Cooperative Purchasing Interlocal Agreement ("Agreement") is made and entered into as of the date written below between the City of Southlake, Texas ("Southlake") and the City of Fort Worth, Texas ("Fort Worth"). WHEREAS, both City of Southlake 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, City of Southlake and the 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, City of Southlake and City of Fort Worth agree as follows: SECTION 1. The purpose of this Agreement is to provide City of Southlake 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 Fort Worth & City of Southlake Cooperative Purchasing Interlocal 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 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 City of Southlake 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. Page 2 of 3 Fort Worth & City of Southlake Cooperative Purchasing Interlocal Agreement EXECUTED this X�h.— day of 2007. CITY OF FORT WORTH CITY OF SOUTHLAKE 1000 Throckmorton 1400 Main Street, Suite 440 Fort Worth, Texas 76102 Southlake, Texas 76092 ta�reQnL. ty Manager' Offic Montgome ssistant City Ma g r/CFO City Secretary's Office: N �,A— Marty Hendrix City Secretary DATE Crantr ct Aut atioa Date City Manager's O e: Ji Assistant City n ger City ecretar/y's Office: e V _1 4Nv i.iv Br/e Lo i Farwell City Secretary DATE 4 Y u�p OJ Approved as to Form and Legality Cit ttorne ' ffice: ity Attorney Page 3 of 3 OFFICIAL RECORD �I— NATIONAL IPA MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT WHEREAS, after a competitive bidding and selection process by Principal Procurement Agencies, a number of Suppliers have entered into Master Agreements to provide a variety of goods, products and services based on national volumes (herein "Products"); WHEREAS, Master Agreements are made available by Principal Procurement Agencies through National IPA and provide that Participating Public Agencies may purchase Products on the same terms, conditions and pricing as the Principal Procurement Agency, subject to any applicable local purchasing ordinances and the laws of the State of purchase, NOW, THEREFORE, in consideration of the mutual promises contained in this agreement, and of the mutual benefits to result, the parties agree as follows: 1. That the procurement of Products subject to this agreement shall be conducted in accordance with and subject to the relevant statutes, ordinances, rules and regulations that govern each party's procurement practices. 2. That the cooperative use of bids obtained by a party to this agreement shall be in accordance with the terms and conditions of the bid, except as modification of those terms and conditions is otherwise allowed or required by applicable law. 3. That the Principal Procurement Agencies will make available, upon reasonable request and subject to convenience, information which may assist in improving the procurement of products by the Participating Public Agencies. 4. That a procuring party will make timely payments to the Supplier for Products received in accordance with the terms and conditions of the procurement. Payment for Products and inspections and acceptance of Products ordered by the procuring party shall be the exclusive obligation of such procuring party. Disputes between procuring party and Supplier are to be resolved in accord with the law and venue rules of the State of purchase 5. The procuring party shall not use this agreement as a method for obtaining additional concessions or reduced prices for similar products or services. 6 The procuring party shall be responsible for the ordering of Products under this agreement. A non -procuring party shall not be liable in any fashion for any violation by a procuring party, and the procuring party shall hold non - procuring party harmless from any liability that may arise from action or inaction of the procuring party 7. This agreement shall remain in effect until termination by a party giving 30 days written notice to the other party. 8. I understand that use of the National IPA Master Agreements are at the complete discretion of the Participating Public Agency 9. The procuring party shall designate a person to act under the direction of and on behalf of the procuring party in all matters relating to this agreement This agreement shall take effect after execution of this document and the registration of the Participating Public Agency. Si nature Participatin Public Agency Date: