ARTICLE 6: PAYMENTS
H-GAC will confirm each order and issue notice to contractor to proceed. Upon delivery of goods or services purchased, and ARTICLE 7: CHANGES AND AMENDMENTS
H-GAC reserves the right to make changes in the scope of products and services offered through the H-GAC Cooperative Purchasing Program to be performed hereunder.
ARTICLE 8: TERMINATION PROCEDURES
H-GAC or the End User may cancel this Contract at any time upon thirty (30) days written notice by certified mail to the other party to his Contract. The obligations of the End User, including its obligation to pay H-GAC's contractor for all costs incurred under this ontract prior to such notice shall survive such cancellation, as well as any other obligation incurred under this Contract. until performed or discharged by the End User.
ARTICLE 9: SEVERA BILITY
All parties agree that should any provision of this Contract be determined to be invalid or unenforceable, such determination shall not affect any other term of this Contract, which shall continue in full force and effect.
ARTICLE 10: FORCE MAJEURE
To the extent that either party to this Contract shall be wholly or partially prevented from the performance within the term specified of removed; provided, however, force majeure shall not excuse an obligation solely to pay funds. Determination of force majeure shall rest solely with H-GAC.
ARTICLE 11: VENUE
Disputes between procuring party and Vendor are to be resolved in accord with the law and venue rules of the State of purchase.
THIS INSTRUMENT HAS BEEN EXECUTED IN TWO ORIGINALS BY THE PARTIES HERETO AS FOLLOWS:
• City of Merced, CA Houston-Galveston Area Council
Name of End User (local government, agency, or non-profit corporation) 3555 Tmons Lame 5ge 120 House TX 77027 * 678 W. 18th Street By _
Executive Director
Mailing Address
* Merced CA 95340 4-19-10
Date
City State ZIP Code
*BE: hamber
Mtest
Signature of chief elected or appointed official
* John M. Bramble, City Manager 03-22-IC iprill,
Typed Name & Title of Signatory
JNDS/ACCOUNTS VERIFIE
APPROVED AS TO FORM: lentor 3-19-12
* Denotes required fields
Schechtes FINANCE OFFICE DATE. 7/07
No funds to encumber at this time.
JEANNE SCHECHTER Merz|isl10
Chief Deputy City Atturney
к зісію
ATTACHMENT 3
HGACBUy INTERLOCAL CONTRACT
FOR COOPERATIVE PURCHASING 10-21.09
THE SMART PURCHASING SOLUTION
erated and operated to provide one or more govermental functions and ervices. hereinate elec, o as ond User: havingis principal place of business at * 678 W. 18th Street, Merced, CA 95340
WITNESSETH
WHEREAS, H-GAC is a regional planning commission and political subdivision of the State of Texas operating under Chapter 391.
Texas Local Government Code; and
WHEREAS, pursuant to the Act, H-GAC is authorized to contract with eligible entities to perform governmental functions and services, including the purchase of goods and services: and WHEREAS, in reliance on such authority, H-GAC has instituted a cooperative purchasing program under which it contracts with eligible entities under the Act; and
WHEREAS, End User has represented that it is an eligible entity under the Act, that its governing body has authorized this Contract on March 15, 2010 (Date), and that it desires to contract with H-GAC on the terms set forth below; NOW, THEREFORE, H-GAC and the End User do hereby agree as follows:
ARTICLE 1: LEGAL AUTHORITY
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 following: a local government, as defined in the Act (a county, a municipality, a special district, or other political subdivision of the 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 defined in Section 771.002 of the Texas Government Code, or a similar agency of another state), or a non-profit corporation create und operated to provide one or more governmental functions and services. and (2) it possesses adequate legal authority to enter into thi Contract.
ARTICLE 2: APPLICABLE LAWS
H-GAC and the End User agree to conduct all activities under this Contract in accordance with all applicable rules, regulations, and ordinances and laws in effect or promulgated during the term of this Contract.
ARTICLE 3: WHOLE AGREEMENT
This Contract and any attachments, as provided herein, constitute the complete contract between the parties hereto, and supersede any and all oral and written agreements between the parties relating to matters herein.
ARTICLE 4: PERFORMANCE PERIOD
end period of this Contract shall be for the balance of the fiscal year of the End User, which began * 7/1/2009 6/30/2010 This Contract shall thereafter automatically be renewed annually for each succeeding fiscal year, 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- GAC contractor beyond the fiscal year in which such obligation was incurred under this Contract.
ARTICLE 5: SCOPE OF SERVICES
The End User appoints H-GAC its true and lawful purchasing agent for the purchase of certain products and services through the H- GAC Cooperative Purchasing Program. End User will access the Program through HGACBuy.com and by submission of any duly executed purchase order, in the form prescribed by H-GAC to a contractor having a valid contract with H-GAC. All purchases hereunder shall be in accordance with specifications and contract terms and pricing established by H-GAC. Ownership (title) to products purchased through H-GAC shall transfer directly from the contractor to the End User. (over)