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CONTRACT NO,
COOPERATIVE PURCHASING INTERLOCAL AGREEMENT
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This Cooperative Purchasing Interlocal Agreement ("Agreement") is made and entered
into as of the date written below between the City of Garland, Texas ("Garland") and the
City of Fort Worth.
WHEREAS, both Garland and the City of 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, Garland and the City of Fort Worth are authorized by Section 271.102 of
the Local Government Code and Section 791.025 of the Government Code to pursue
mutually beneficial and cooperative purchasing programs;
NOW, THEREFORE, for and in consideration of the mutual obligations and benefits
contained herein, Garland and City of Fort Worth agree as follows:
SECTION 1. The purpose of this agreement is to provide Garland and the City of Fort
Worth with additional purchasing options by satisfying the provisions of Section 791.025
of the Government Code and 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 Representatives").
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SECTION 3. N,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 costs of enforcement.
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SECTION 5. Garland and the City of Fort Worth agree to keep each other informed of
any changes to the rules, regulations, or statutes which affect any purchase
arrangement planned or in place between the parties.
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. 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 8. Execution of this agreement does not obligate Garland or the City of Forth
Worth to make any purchase, to pay any membership fee or to otherwise or in any
manner incur any cost or obligation.
SECTION 9. 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.
EXECUTED this --rk day of_ ?9(5- ,jteCi , 2004.
CITY OF FORT WORTH THE CITY OF GARLAND,
TEXAS
By: By:
Title: ASS �`�'� V�� C -- Title: ��
APPROVED AS TO
ORM D LEGALITY:
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A SISTANT 6TYATTORNEY
COOPERATIVE PURCHASING INTERLOCAL AGREEMENT PAGE 2
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ATTESTED BY
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RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO PARTICIPATE IN AN
INTERLOCAL PURCHASING PARTICIPATION AGREEMENT WITH TEXAS MUNICIPAL
POWER AGENCY (TMPA).
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GARLAND, TEXAS:
Section I
That the City Manager or his representative is hereby authorized to enter into an interlocal
agreement for cooperative purchasing with the City of Fort Worth in the form and substance
of that attached hereto and to take such other and further actions as may be necessary to
implement that agreement.
Section 2
That this Resolution shall be and become effective immediately upon and after its adoption
and approval.
PASSED AND APPROVED this the day of , 2004
THE CITY OF GARLAND, TEXAS
By:
Mayor
ATTEST:
City Secretary
Purchasing