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KGACBuy
<br /> THE SMART PLRCHRSIHO SOIHTION
<br /> INTERLOCAL CONTRACT ILC
<br /> FOR COOPERATIVE PURCHASING No.1 >. ' r =
<br /> Pzrmanenl Number a.signed by F4GAC
<br /> THIS INTERLOCAL CONTRACT("Contract"),made and entered into pursuant to the Texas Interlocal Cooperation Act,Chapter
<br /> 791,Texas Government Code(the"Act"),by and between the Houston-Galveston Area Council,hereinafter referred to as"H-GAC,"
<br /> having its principal place of business at 3555 Timmons Lane, Suite 120, Houston,Texas 77027,and * City of Anacortes
<br /> , a local government, a state agency, or a non-profit corporation
<br /> created and operated to provide one or more governmental functions and services, hereinafter referred to as "End User,"having its
<br /> principal place of business at* 904 6tLL$t. PO Box 547.Anacortes, WA 98221
<br /> WITNESSETH
<br /> WHEREAS, H-GAC is a regional planning commission and political subdivision of the State of Texas operating under Chapter 391,
<br /> Texas Local Government Code;and
<br /> WHEREAS, pursuant to the Act, H-GAC is authorized to contract with eligible entities to perform governmental functions and
<br /> services, including the purchase of goods and services; and
<br /> WHEREAS, in reliance on such authority,H-GAC has instituted a cooperative purchasing program under which it contracts with
<br /> eligible entities under the Act; and
<br /> WHEREAS,End User has represented that it is an eligible entity under the Act,that its governing body has authorized this Contract on
<br /> *Apr 16, 2012 (Date), and that it desires to contract with H-GAC on the terms set forth below;
<br /> NOW,THEREFORE,H-GAC and the End User do hereby agree as follows:
<br /> ARTICLE 1: LEGAL AUTHORITY
<br /> The End User represents and warrants to H-GAC that(1) it is eligible to contract with H-GAC under the Act because it is one of the
<br /> following: a local government,as defined in the Act(a county,a municipality,a special district,or other political subdivision of the
<br /> State of Texas or any other state),or a combination of two or more of those entities,a state agency(an agency of the State of Texas as
<br /> defined in Section 771.002 of the Texas Government Code,or a similar agency of another state),or a non-profit corporation created
<br /> and operated to provide one or more governmental functions and services,and (2)it possesses adequate legal authority to enter into this
<br /> Contract.
<br /> ARTICLE 2: APPLICABLE LAWS
<br /> H-GAC and the End User agree to conduct all activitiesunder this Contract in accordance with all applicable rules, regulations,and
<br /> ordinances and laws in effect or promulgated during the term of this Contract.
<br /> ARTICLE 3: WHOLE AGREEMENT
<br /> This Contract and any attachments,as provided herein,constitute the complete contract between the parties hereto,and supersede any
<br /> and all oral and written agreements between the parties relating to matters herein.
<br /> ARTICLE 4: PERFORMANCE PERIOD
<br /> The period of this Contract shall be for the balance of the fiscal year of the End User,which began* Jan (31, 2012 and
<br /> ends* Dec 31, 2012 . This Contract shall thereafter automatically be renewed annually for each succeeding fiscal year,
<br /> provided that such renewal shall not have the effect of extending the period in which the End User may make any payment due an H-
<br /> GAC contractor beyond the fiscal year in which such obligation was incurred under this Contract.
<br /> ARTICLE 5: SCOPE OF SERVICES
<br /> The End User appoints H-GAC its true and lawful purchasing agent for the purchase of certain products and services through the H-
<br /> GAC Cooperative Purchasing Program.End User will access the Program through HGACBuy.com and by submission of any duly
<br /> executed purchase order, in the form prescribed by H-GAC to a contractor having a valid contract with H-GAC. All purchases
<br /> hereunder shall be in accordance with specifications and contract terms and pricing established by H-GAC. Ownership (title)to
<br /> products purchased through H-GAC shall transfer directly from the contractor to the End User.
<br /> (over)
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