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STATE OF TEXAS § <br /> COUNTY OF HAYS § <br /> INTERLOCAL COOPERATION AGREEMENT BETWEEN <br /> THE CITY OF NEW BRAUNFELS AND THE CITY OF SAN MARCOS <br /> FOR A COOPERATIVE PURCHASING PROGRAM <br /> Contract Number: 216-040 <br /> This Interlocal Cooperation Agreement (the "Agreement") is by and between the City of <br /> San Marcos ("COSM"), a municipal corporation located in Hays County, Texas and the City of <br /> New Braunfels, Texas ("New Braunfels"), a municipal corporation located in Coma! County, <br /> Texas (collectively referred to as the "Parties" or singularly as a "Party") acting by and through <br /> their authorized representatives. <br /> RECITALS: <br /> WHEREAS,Chapter 791 of the Texas Government Code authorizes all local governments <br /> to contract with each other to perform governmental functions or services including administrative <br /> functions normally associated with the operation of government such as purchasing of necessary <br /> equipment, supplies and services and the Parties enter into this Agreement in accordance with <br /> Chapter 791; <br /> WHEREAS, Section 271.102 of the Texas Local Government Code authorizes a local <br /> government to participate in a Cooperative Purchasing Program with another local government or <br /> a local cooperative organization; and <br /> WHEREAS, a local government that purchases goods and services pursuant to a <br /> Cooperative Purchasing Program with another local government satisfies the requirement of the <br /> local government to seek competitive bids for the purchase of the goods and materials; and <br /> WHEREAS, each party has and will on an annual basis obtain competitive bids for the <br /> purchase of goods and services; and <br /> WHEREAS, each party, in paying for the performance of governmental functions <br /> hereunder, will make those payments from current revenues legally available to that party; and <br /> WHEREAS, the parties desire to enter into a cooperative purchasing program which will <br /> allow each party to purchase goods and services under each other's competitively bid contracts <br /> pursuant to Subchapter F, Chapter 271 of the Texas Local Government Code; <br /> NOW THEREFORE, in consideration of the mutual covenants and promises contained <br /> herein, the parties agree as follows: <br /> Page 1 <br />