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<br /> firGACBgrir INTERLOCAL CON TRACT ILC ` 2 5 9 3
<br /> Tiff.510k7 PURC1,1FOR COOPERATIVE PURCHASING No.: o
<br /> Permanent Number assigned by H-GAC
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<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 AArea Council,hereinafter referred to as"H-GAC," r
<br /> having its principal place of business at 3555 Timmons Lane,Suite 120,Houston,Texas 77027,and* CITY OF EVERETT 1
<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 STREET,EVERETT WA 98201 £:
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<br /> WITNESSETH
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<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 - rI
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<br /> WHEREAS,End User has represented that itis an eligible entity under the Act,that its governing body has authorized this Contract on i
<br /> *QG'rts154 Q G t 'ar:W 1(Date),and that it desires to contract with E-GAC on the terms set forth below; 4
<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 t
<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 j
<br /> defined in Section 771.002 of the Texas Government Code,or a similar agency of another state),or a non-profit corporation created I a
<br /> and operated to provide one or more governmental functions and services,and(2)it possesses adequate legal authorityto enter into this i 1
<br /> Contract. )
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<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.
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<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 1
<br /> and all oral and written agreements between the parties relating to matters herein. i
<br /> ARTICLE 4: PERFORMANCE PERIOD I
<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 t
<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- s
<br /> GAC contractor beyond the fiscal year in which such obligation was incurred under this Contract. I
<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 HGACBuv.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 F.
<br /> hereunder shall be in accordance with specifications and contract terms and pricing established by H-GAC. Ownership(title)to I E
<br /> products purchased through H-GAC shall transfer directly from the contractor to the End User. r_
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