HomeMy WebLinkAboutContract 58789FORT WORTH CITY SECRETARY
CONTRACT NO. 58789
COOPERATIVE PURCHASING AGREEMENT
This Cooperative Purchasing Agreement ("Agreement") is made and entered into as of the
date written below between the KATY INDEPENDENT SCHOOL DISTRICT
and the City of Fort Worth, Texas ("Fort Worth").
WHEREAS, both the KATY INDEPENDENT SCHOOL DISTRICT 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, the KATY INDEPENDENT SCHOOL DISTRICT and Fort Worth are
authorized by Section 271.102 of the Local Government Code to participate in a
cooperative purchasing program with another local government of the state of Texas and
Fort Worth agree as follows:
SECTION 1. The purpose of this Agreement is to provide the KATY INDEPENDENT
SCHOOL DISTRICT and Fort Worth with additional purchasing options by satisfying the
provisions of Section 271.102 of the Local Government Code.
SECTION-1. 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 terns 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 terns 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.
OFFICIAL RECORD
CITY SECRETARY
Page 1 of 3 FT. WORTH, TX
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 tenn or provision declared
illegal, invalid or unenforceable.
SECTION 10. Execution of this Agreement does not obligate KATY INDEPENDENT
SCHOOL DISTRICT or Fort Worth to make any purchase, to pay any membership fee or
to otherwise-ar in any-inarnrer ncur anv r�net or-o ligation.
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 pennitted 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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EXECUTED this 12`h dayday of December, 2022.
CITY OF FORT WORTH
200 Texas Street
Fort Worth, Texas 76102
By: Reginald Zeno (Jan 27, 202314:47 CST)
Reginald Zeno
Title: Chief Financial Services Officer
APPROVED AS TO
FORM AND LEGALITY:
Jesslka Williams (Jan 30, 2023 09:17 CST)
Assistant City Attorney
KATY INDEPENDENT SCHOOL
DISTRICT
6301 S. Stadium Lane
Katy, TX 77494
By: G
Greg Schulte
Title: Board President
M&C P-12061, June 13, 2017
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Janette S. Goodall, City Secretary
Date
Recommended By:
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John Padinj (Oct 27, 02215:14 CDT)
John Padinjaravilababy — Purchasing Manager
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Assistant City Manager
Date
Contract Compliance Manager:
By signing 1 acknowledge that 1 am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
Tracy wall-er-
Tracy Walter (Jan 27, 2023 14:14 CST)
Tracy Walter Compliance Mgr,
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX