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HomeMy WebLinkAboutContract 52285 City of Fort worth&City of Parker Cooperative Purchasing Agreement PORT WORTH CITY SECRETARY CONTRACT NO. 5.a a 5 2419 COOPERATIVE PURCHASING AGREEWM Mph J woA� ���� This Cooperative Purchasing Agreement( Agreement")is made and entered into as of the date written below between the City of Parker,Texas C'Parker')and the City offort Worth, Texas(`Tort Worth"). WHEREAS,both Parka 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, Parker 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,Parker and Fort Worth agree as follows: SECTION 1. The purpose of this Agreement is to provide Parker 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 teams of delivery, and shall be responsible for enforcement of its contract against the vendor,including all cost of enforcement SECTIONS. This Agreement will be subject to all applicable federal, state and local laws,ordinances,rules and regulations. OFFICIAL RECORD: Pagel of3 CITY SECRETARY FT. WORTH,TX City of Fort Worth&City of Parker 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 S. 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 he 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 Parker 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 property 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 m full force and effect. SECTION 13. All notices, requests, demands, and other communications which are regained 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 i City of Fort worth&City of Parker Coop=ive Purchasing Agreement EXECUTED this ^day of w 201& CITY OF FORT WORTH CITY OF PARKER 200 Tens Street 5 7 00 E.Parker Road Fort Wortk,Texas 76102 Parker, TX 75002 B By, S Alanis Luke B.OhAm Titles Assist City Manager TIM : City Adniuishator APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney 4114 - ,�w� - ,1 M&C P-12061_June 13,2017 Contract Authotization Auftwization Mary J. `z Hate gp Recomm 13y:. . Cynthia Assistant Dnector—Pig Conhact Compliance Manager; By signing I aclmowledge that I am the person responsible for the mmritoring and administration of dis contract including ensuring all performance and rgxnung requireai Cyntlia Garcia,Aihistant Director—Purchasing Page 3 of 3 OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX