HomeMy WebLinkAboutContract 52070 City of Fort Worth&City of Pflugerville
Cooperative Purchasing Agreement
FORT WORTH CITY SECRETARY
CONTRACT NO. 5a 070
COOPERATIVE PURCHASING AGREEMENT
This Cooperative Purchasing Agreement("Agreement")is made and entered into as of the
date written below between the City of Pflugerville,Texas("Pflugerville'�and the City of
Fort Worth,Texas("Fort Worth").
WHEREAS, both Pflugerville 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, Pflugerville 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,Pflugerville and Fort Worth agree as follows:
SECTION 1. The purpose of this Agreement is to provide Pflugerville 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.
LFT- W
ORD
CITYP►R
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City of Fort Worth&City of Pflugerville
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 anct 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 Couxt 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 tern or provision declared
illegal,invalid or unenforceable.
SECTION 10. Execution of this Agreement does not obligate Pflugerville 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 miultiple counterparts, each of
which shall be deemed an original, and all of which shall ccinstitute 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 author.ty have been duly passed and
are now in full force and effect.
SECTION 13. All notices, requests, demands, and othcx 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.
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City of Fort Worth&City of Pflugerville
Cooperative Purchasing Agreement
EXECUTED this t `iw- day of �dF' , 2019.
CITY OF FORT WORTH CITY OF PFLUGERVILLE
200 Texas Street P.O. Box 589
Fort Worth,Texas 76102 Pflugerville,TX 78691
By: By:
u Alanis Sereniah Breland
Title: Assistant City Manager Title: City Manager
APPROVED AS TO
FORM AND LEGALITY:
Assistant City Attorney ity Att ey
M&C P-12061.June 13.2017 /LGi�2 2-
ontract Authori Contract Auth zation
O�
~ 11%;[ J.Kayser, i Se retary K en hompson, City S cretary
� X ate Date
Reco ded By:
Cynthia earcia, Assistant tr r-Purchasing
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring mance and reporting requirements.
Cynthia Ga ta, Assistant trect urchasing
OFFICIAL RECORD
CITY SECRETARY
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FT. WORTH,TX