HomeMy WebLinkAboutContract 61231CS No. 61231
COOPERATIVE PURCHASING AGREEMENT
This Cooperative Purchasing Agreement ("Agreement") is made and entered into between
the Montgomery County, Texas ("Montgomery County") and the City of Fort Worth,
Texas ("Fort Worth").
WHEREAS, both Montgomery County 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, Montgomery County 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, Montgomery County and Fort Worth agree as follows:
SECTION 1. The purpose of this Agreement is to provide Montgomery County 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 shalt 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.
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.
Cooperative Purchasing Agreement Page 1 of 3
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
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 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 term or provision declared
illegal, invalid or unenforceable.
SECTION 10. Execution of this Agreement does not obligate Montgomery County 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 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 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.
Cooperative Purchasing Agreement Page 2 of 3
13 D
FEB 2 0 2024
AGREE AND EXECUTED:
CITY OF FORT WORTH MONTGOMERY COUNTY
200 Texas Street 501 N Thompson, Suite 405
Conroe, Texas, 77301
Fort Worth, Texas 7610
By: By:
Title: Chief Procurement Officer Title: PU(.i r � nu l
Jaf``tres Noack, County Judge Pro em
Date:%; �—�' 2 `l Date: T- . �♦ `�
APPROVED AS TO
FORM AND LEGALITY:
Assistant City Attorney �`� ttornev Title
Jeremy Anato Mensah
M&C: N/A NIA
Contract Authorization 9FORTuO Contract Authorization
�\ "" Q ,, aoFoo h•°o
Jannette Goodall, City Secretary L-k-r&0bn ei M/)ACity/County Secretary
pNER' '
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
'-, 0.�,
requirements
''%,G0MER�
ufuiiiu,n
B v:
Name: Michelle Green
Title: Administrative Services Coordinator
Cooperative Purchasing Agreement Page 3 of 3
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
61231
- - - CS No. -
�� 13 D
FEB 2 0 2024
Purchasing
Commissioners Court -Regular Meeting
TO: Montgomery County Commissioners Court
FROM: Gilbert Jalomo, Purchasing Agent
DATE: 02/20/2024
SUBJECT: Consider and approve the Cooperative Purchasing Agreement for goods and services with the City
of Fort Worth.
Attachments
Agreement - City of Fort Worth