HomeMy WebLinkAboutContract 61827CSC No. 61827
COOPERATIVE PURCHASING AGREEMENT
This Cooperative Purchasing Agreement ("Agreement") is made and entered into between
Montgomery County, Maryland ("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 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 Parry 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
Parry 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 Parry, 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 Montgomery County, MD City of Fort Worth, TX
Page] 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. Intentionally Omitted.
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 Montgomery County, MD City of Fort Worth, TX
Page 2 of 3
AGREE AND EXECUTED:
CITY OF FORT WORTH
100 Fort Worth Trail
Fort Worth, Texas 76102
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By_ Jo Gunn�Augf2, 202413:42 CDT)
Title: Chief Procurement Officer
Date: Aug 12, 2024
APPROVED AS TO
FORM AND LEGALITY:
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Assistant City Attorney
Name: Jessika Williams
Date: Aug 12, 2024
M&C: N/A
Contract Authorization
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Jannette Goodall, City Secretary
CONTRACT COMPLIANCE MANAGER:
By:
Name:
Brandy Hazel
Title: Senior Purchasing Manager
MONTGOMERY COUNTY
27 Courthouse Square, Suite 330
Rockville, Maryland, 20850
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By:
Melissa Garner (Aug 7, 2024 09:36 EDT)tor
Avinash G. Shetty
Title: Director, Office of Procurement
Date: 8/7/24
Name:
Title:
Contract Authorization
Name:
Title:
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Cooperative Purchasing Agreement Montgomery County, MD — City of Fort Worth, TX
Page 3 of 3
ILA Montgomery County MD City of Fort Worth
TX
Final Audit Report 2024-08-07
Created: 2024-08-07
By: Segyung Yaeger (segyung.yaeger@montgomerycountymd.gov)
Status: Signed
Transaction ID: CBJCHBCAABAACV6XjCdw-DPvtbgA9GY5FJCNAtnvjYDO
"ILA Montgomery County MD City of Fort Worth TV History
Document created by Segyung Yaeger(segyung.yaeger@montgomerycountymd.gov)
2024-08-07 - 11:29:59 AM GMT
P4 Document emailed to Melissa Garner (Melissa.Garner@montgomerycountymd.gov) for signature
2024-08-07 - 11:30:02 AM GMT
Email viewed by Melissa Garner (Melissa.Garner@montgomerycountymd.gov)
2024-08-07 - 1:36:22 PM GMT
Document e-signed by Melissa Garner (Melissa.Garner@montgomerycountymd.gov)
Signature Date: 2024-08-07 - 1:36:41 PM GMT - Time Source: server
Q Agreement completed.
2024-08-07 - 1:36:41 PM GMT
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