HomeMy WebLinkAboutContract 62813CSC No. 62813
City of Springtown
Cooperative Purchasing Agreement
Cooperative Purchasing Agreement
This lnterlocal Cooperative Purchasing Agreement ("Agreement") is made and entered into
as of the date written below between the Cities of Springtown, Texas, and Fort Worth, Texas,
individually referred to as a "party" and collectively as the "parties".
WHEREAS, the parties have determined a need for a cooperative agreement to purchase like
goods and services to avoid duplicate procurement efforts and obtain the benefit of volume
purchasing; and
WHEREAS the parties are authorized by Sections 791.025 of the Texas Government Code
and 271.102 of 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, the parties agree as follows:
SECTION 1. The purpose of this Agreement is to provide the parties with additional
purchasing options by satisfying the provisions of Section 791 of the Texas Government
Code and section 271.102 of 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
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 fo'r the purchase of such goods or services. Each party will
be solely responsible for the cost of that party's own purchases.
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.
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City of Springtown
Cooperative PurchasingAgreement
SECTlON 5. This Agreement will be subject to atl applicable federat, state, and local laws,
ordinances, rutes, regulations. The Parties agree that payments for the performance of
governmental functions or services pursuant to the Agreement must be payments from
current revenues available to the paying party.
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 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 reat or asserted, at taw or in equity, arises on the basis of
any provision of this Agreement, venue for such action shall lie in state courts located in
Parker County, Texas or the United States District of Texas — Fort Worth Division. This
Agreement shall be construed in accordance with the taws 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
unenforceable term or provision, the parties shatl endeavor to agree to a legal, valid or
enforceable term or provision as similar as possible to the term or revision declared illegal,
invalid or unenforceable.
SECTION 10. Execution of this Agreement does not obligate either party to make any
purchase, to pay any membership fee or to otherwise or in any manner incur any cost or
obtigation.
SECTION 11. This Agreement may be executed in muttip[e counterparts, each of which shal[
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 shatl be
deemed to have been duly given upon the delivery or receipt thereof, as the case may be, if
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delivered personally or sent by registered or certified mait, return receipt requested, postage
prepaid, to the respective city representative set out below, or his/her designee.
SECTION 14. The parties agree that each party shall—until the expiration of three (3) years
after finat payment under this Agreement, or the final conclusion of any audit commenced
duringthe said three years—have access to and the right to examine at reasonable times any
directly pertinent documents and records of the other party involving transactions relating
to this agreement. The parties agree that each party shall have access during normalworking
hours to all necessary facilities of the other party—subject to reasonable rules and
regulations while at the facitities—and shali be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. The
auditing party shait give the other party reasonable advar►ce notice of intended a�dits, and
all such audits shall be conducted on regular business days during the other party's regular
business hours in a manner that will not unreasonably interfere with the other party's
operations at its facilities. Each party's auditors shall present proper credentials to the
manager of the other party's facility at the time that they are admitted to such.
EXECUTED THIS 23rd day of lanuary, 2025.
City of Springtown
102 E. 2"d Street
�ringtown, TX 76082
By: �
David
Title: City Administrator
TE T:
� �b�.to�Z�S�
Chris ina Derr, Assistant CityAciministrator/City Secretary Date
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City of Fort Worth
Address: 100 Fort Worth Trail Fort Worth TX 76102 By:�
Title: Interim Chief Procurement Officer APPROVED AS TO FORM AND LEGALITY: Jessika Williams ATTEST: Jannette Goodall Page 4 of 4 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. Michelle Green Name of Employee 02/14/2025
Date