HomeMy WebLinkAboutContract 61545CSC No. 61545
COOPERATIVE PURCHASING AGREEMENT
This Cooperative Purchasing Agreement ("Agreement") is made and entered into between
the Garland Independent School District ("Garland ISD") and the City of Fort Worth,
Texas ("Fort Worth").
WHEREAS, both Garland ISD 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, Garland ISD 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, Garland ISD and Fort Worth agree as follows:
SECTION 1. The purpose of this Agreement is to provide Garland ISD 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 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 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.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Cooperative Purchasing Agreement Page 1 of 3
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 term or provision declared
illegal, invalid or unenforceable.
SECTION 10. Execution of this Agreement does not obligate Garland ISD 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.
Section 14. Pursuant to Texas Government Code 791(d)3 each party must make
payments from current revenues available to the paying party
Cooperative Purchasing Agreement Page 2 of 3
AGREE AND EXECUTED:
CITY OF FORT WORTH GARLAND ISD
200 Texas Street 501 S. Jupiter
Fort Worth, Texas 76102 Garland, TX 75042
By: JoGunn"(Jun, 3:52CDI) By:
Title: Chief Procurement Officer Title: Board of Trustees President
Date: J u n 11, 2024 Date:
r
APPROVED AS TO
FORM AND LEGALITY:
uJ,M.
Jessika Williams, Assistant City Attorney
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Contract Authorization
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Jannette Goodall, City Secretary
CITY OF FORT WORTH, TEXAS:
Jus in Gobert, Assistant General Counsel
Dan ll odds,
Officer
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.✓m----------
Michelle Green, Contract Compliance Manager
Date: Jun 6, 2024
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Cooperative Purchasing Agreement Page 3 of 3