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CONTRACTOR <br />U.S. COMMUNITIES' <br />GOVERNMENT PURCHASING ALLIANCE <br />.,t,a. �� NG6» NLC <br />MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT <br />This Master Intergovernmental Cooperative Purchasing Agreement ("Agreement") is made between certain government <br />agencies that execute a Lead Public Agency Certificate (collectively, "Lead Public Agencies") to be appended and made a <br />part hereof and other government agencies ("Participating Public Agencies") that agree to the terms and conditions hereof <br />through the U.S. Communities registration process and made a part hereof. <br />RECITALS <br />WHEREAS, after a competitive solicitation and selection process by Lead Public Agencies, in compliance with their own <br />policies, procedures, rules and regulations, a number of suppliers (each, a "Contract Supplier") have entered into Master <br />Agreements with Lead Public Agencies to provide a variety of goods, products and services based on national and <br />international volumes (herein "Products and Services"); <br />WHEREAS, Master Agreements are made available by Lead Public Agencies through U.S. Communities and provide that <br />Participating Public Agencies may purchase Products and Services on the same terms, conditions and pricing as the Lead <br />Public Agency, subject to any applicable local purchasing ordinances and the laws of the State of purchase; <br />WHEREAS, the parties desire to comply with the requirements and formalities of any intergovernmental cooperative act, if <br />applicable, to the laws of the State of purchase; <br />WHEREAS, the parties hereto desire to conserve resources and reduce procurement cost; <br />WHEREAS, the parties hereto desire to improve the efficiency, effectiveness and economy of the procurement of necessary <br />Products and Services; <br />NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, and of the mutual benefits to result, <br />the parties agree as follows: <br />1. That each party will facilitate the cooperative procurement of Products and Services. <br />2. That the procurement of Products and Services subject to this Agreement shall be conducted in accordance with and subject <br />to the relevant statutes, ordinances, rules and regulations that govern each party's procurement practices. <br />3. That the cooperative use of solicitations obtained by a party to this Agreement shall be in accordance with the terms and <br />conditions of the solicitation, except as modification of those terms and conditions is otherwise allowed or required by <br />applicable law. <br />4. That the Lead Public Agencies will make available, upon reasonable request and subject to convenience, information which <br />may assist in improving the effectiveness, efficiency and economy of Participating Public Agencies' procurement of <br />Products and Services <br />5. That the Participating Public Agency will make timely payments to the Contract Supplier for Products and Services received <br />in accordance with the terms and conditions of the procurement. Payment, inspections and acceptance of Products and <br />Services ordered by the Participating Public Agency shall be the exclusive obligation of such Participating Public Agency. <br />Disputes between the Participating Public Agency and Contract Supplier are to be resolved in accordance with the <br />applicable laws and venue rules of the State of purchase. <br />6. The Participating Public Agency shall not use this Agreement as a method for obtaining additional concessions or reduced <br />prices for similar products or services. <br />7. The Participating Public Agency is solely responsible for ordering, accepting, and paying and any other action, inaction or <br />decision regarding the Products and Services obtained under this Agreement. A Lead Public Agency shall not be liable in <br />any fashion for any violation by a Participating Public Agency, and the Participating Public Agency shall be responsible for <br />its own conduct to the extent permitted by law. <br />8. The exercise of any rights or remedies by the Participating Public Agency shall be the exclusive obligation of such <br />Participating Public Agency. <br />9. This Agreement shall remain in effect until termination by a party giving thirty (30) days prior written notice to U.S. <br />Communities at 2999 Oak Road, Suite 710, Walnut Creek, CA 94597. <br />10. This Agreement shall become effective after execution of the Lead Public Agency Certificate or <br />Participating Public Agency registration, as applicable. <br />MICPA Version 06.01.17 <br />