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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 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) <br />