Item 4EFort Worth & City of Southlake
Cooperative Purchasing Interlocal Agreement
CITY SECRETARY
CONTRACT NO. ____________
COOPERATIVE PURCHASING INTERLOCAL AGREEMENT
This Cooperative Purchasing Interlocal Agreement (“Agreement”) is made and entered
into as of the date written below between the City of Southlake, Texas (“Southlake”) and
the City of Fort Worth, Texas (“Fort Worth”).
WHEREAS
, both City of Southlake 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
, City of Southlake and the 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, City of Southlake and City of Fort Worth agree as follows:
SECTION 1
. The purpose of this Agreement is to provide City of Southlake 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 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 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.
Page 1 of 3
Fort Worth & City of Southlake
Cooperative Purchasing Interlocal Agreement
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.
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 City of Southlake 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.
Page 2 of 3
Fort Worth & City of Southlake
Cooperative Purchasing Interlocal Agreement
EXECUTED
this ____________ day of ________________________, 2006.
CITY OF FORT WORTH CITY OF SOUTHLAKE
1000 Throckmorton 1400 Main Street, Suite 440
Fort Worth, Texas 76102 Southlake, Texas 76092
City Manager’s Office: City Manager’s Office:
___________________________ ___________________________
Richard Zavala Shana Yelverton
Assistant City Manager City Manager
City Secretary’s Office: City Secretary’s Office:
___________________________ ___________________________
Marty Hendrix Lori Farwell
City Secretary City Secretary
DATE ______________________ DATE ______________________
Approved as to Form and Legality
City Attorney’s Office: City Attorney’s Office:
___________________________ ___________________________
Assistant City Attorney City Attorney
Page 3 of 3