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ME SMART PURCHASIN5 sOLUUON <br />ifIGACBuy <br />INTERLOCAL CONTRACT <br />FOR COOPERATIVE PURCHASING <br />I LC <br />No.: <br />10:11_.•2593 <br />Permanent Number assigned by H-GAC <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 EVERETT <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 * 3200 CEDAR STREETLEVERETT WA 98201 <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 />* 015, (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 activities under 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 * JANUARY 1. 2010 and <br />ends * DECEMBER 31. 2010 . 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 liGAC.Buy.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 />(aver) <br />