HomeMy WebLinkAboutContract 61105CSC No. 61105
INTERLOCAL COOPERATIVE PURCHASING AGREEMENT
This Interlocal Cooperative Purchasing Agreement ("Agreement") is made and entered
into between the City of Salem, Oregon ("Salem") and the City of Fort Worth, Texas ("F01i
Worth").
WHEREAS, both Salem and Fort Worth have each determined a need for an interlocal
cooperative purchasing agreement to purchase like goods and services to avoid duplicate
procurement efforts and obtain the benefits of volume purchasing; and
WHEREAS, Salem and Fort Wo1ih are authorized by Sections 791.025 of the Texas
Government Code and 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, Salem and Fort Worth agree as follows:
SECTION 1. The purpose of this Agreement is to provide Salem and Fort Worth with
additional purchasing options by satisfying the provisions of Section 791 of the Texas
Government Code and Section 271.102 of the Local Government Code.
SECTION 2. The Parties agree that each 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 Paiiy. 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. The Paiiies agree that payments for the
performance of governmental functions or services pursuant to this Agreement must be
payments from current revenues available to the paying Party.
Interlocal Cooperative Purchasing Agreement Page l of 3
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 norinal rule of construction ta the
effect that any ambiguities are to be resaived against the drafting Pai-ty must nat be
employed in the interpi•etation of this Agreement or any amendments or exhibits hereto.
SECTION 8. If any action, whether real ar asserted, at law or in equity, arises on the basis
of any provision of this Agreement, venue for such action sliali lie in state courts located
in Tarrant County, Texas or the United States District Court for the Northern District of
Texas — For�t 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, inva.lid or
unenforceabie 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 ot• pt•ovision declared
illegal, invalid or unenforceable.
SECTION 10. Execution of this Agreement does not obligate Salem or Fort Worth to
make any purchase, to pay any membership fee or to otherwise or in any maruier incur any
cost or obligation.
S�CTION 11. This Agt•eement 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 necessaiy 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 t11is Agreement shall be in writin� 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.
Interlocal Cooperative Purchasing Agreement Page 2 of 3
AGREE AND EXECUTED:
CITY OF FORT WORTH
200 Texas St.
Fort Worth, Texas 76102
.. .....,._By• MarkMcDaniel(Mar9,202417:26ESTl
Title: Assistant City Manager
Date: Mar 9, 2024
APPROVED AS TO
FORM AND LEGALITY:
Assistant City Attorney
M&C: NIA Contract Authorization
Jannette Goodall, City Secretary
Inter local Cooperative Purchasing Agreement
CITY OF SALEM
555 Liberty St S
Salem, Orego
Title: City M nager
Date: /R/7 /10 �� ---. __ /_,_ _______ _
Contract Compliance Manager:
By signing I acknowledge that I am the person
responsible for the monitoring and administration
of this contract, including ensuring all
performance and reporting requirements.
By: Steven Vandever (Mar 12, 202410:38 CDT) Name: Steve Vandever
Title: Sr. IT Solutions Manager
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