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ARTICLE 18 Software, JOC System License, and Cooperative Purchasing <br />18.1 JOC System License <br />18.1.1 The Owner selected The Gordian Group’s (Gordian) Job Order Contracting (JOC) Solution for <br />their JOC program. The Gordian JOC SolutionTM includes Gordian’s proprietary JOC <br />Information Management System (“JOC IMS”), construction cost data, and Construction Task <br />Catalog® which shall be used by the Contractor solely for the purpose of fulfilling its <br />obligations under this Contract, including the preparation and submission of Job Order <br />Proposals, Price Proposals, subcontractor lists, and other requirements specified by the <br />Owner. The Contractor shall be required to execute Gordian’s General Terms of Use and pay <br />a 1% JOC System License Fee to obtain access to the Gordian JOC SolutionTM. The JOC System <br />License Fee applies to all Job Orders issued to the Contractor under the terms of this <br />Contract. The Contractor shall include the JOC System License Fee in the Adjustment Factors. <br />A copy of the license agreement is attached and is included by reference. <br />18.2 Cooperative Purchasing <br />18.2.1 Contractor hereby agrees that other agencies or members of cooperative purchasing entities <br />may purchase construction services from the Contractor utilizing this Contract. To utilize the <br />construction services from the Contractor under this Contract, the agency or entity must <br />first execute with the City an Intergovernmental Purchasing Agreement (or other form of <br />agreement) acceptable to the City and agree to pay Gordian’s fee directly. For the purposes <br />of this Section 18, the other public agency or entity is referred to as the “User Agency. <br />•If the Contract is utilized by a User Agency, the Contractor agrees to <br />pay Gordian the 1% JOC System License Fee. <br />•Job order construction services for User Agency job orders will be <br />provided by Contractor directly to the User Agency on the same terms <br />and conditions as this Contract, except that for User Agency job order <br />construction services: (a) the City will not be a party to the contract <br />between User Agency and Contractor for such services; (b) the <br />obligations owed by Contractor to the City under the terms and <br />conditions of the Contract will instead be owed by Contractor to the <br />User Agency, including but not limited to obligations to provide <br />performance and payment bonds to User Agency for work performed <br />for the User Agency and to provide insurance endorsements that name <br />the User Agency as additional insured; and (c) the obligations owed by <br />the City to Contractor under the terms and conditions of this Contract <br />will instead be owed by the User Agency to Contractor, including but <br />not limited to obligations to pay for construction services rendered by <br />Contractor. <br />•Contractor specifically agrees that the City shall have no liability or <br />responsibility whatsoever for the User Agency’s use of the terms and <br />conditions of this Contract or for the performance of the User Agency <br />with respect to User Agency job orders. The City will not pay <br />Contractor for any services related to User Agency job orders. The City