Res 2017-116/approving an Interlocal Cooperation Agreement with the City of Frisco, Texas for a Cooperative Purchasing Program

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3. The Purchasing Managers of the City of San Marcos and the City of Frisco shall agree on who is responsible for all such administrative duties as may be necessary to lawfully facilitate processing and preparation of any bids,proposals and request for qualifications and other procurement activity as may be required for the purchase of any equipment, supplies, services, insurance, high technology, professional services and other expenditures that may be exempt from competitive bidding/proposals. The City of San Marcos and the City of Frisco shall share equally any and all cash rebates related to any joint purchases pursuant to this Agreement. 4. Each entity shall be responsible for vendor compliance with provisions relating to the quality of items and terms of delivery. Each entity shall pay invoices directly to the providers of goods and services that are invoiced and delivered directly to each respective entity. 5. Participation by either entity in any cooperative purchasing activity is strictly voluntary. Nothing in this Agreement shall prevent either entity from purchasing and/or accepting and awarding bids,proposals and contracts subject to this Agreement on its own behalf. 6. Each entity shall ensure that all applicable laws and ordinances have been satisfied. 7. Effective Date and Term. This Agreement shall be effective when signed by the last party whose signing makes the Agreement fully executed and will remain in full force and effect until December 31, 2017. This Agreement shall automatically renew for successive one-year terms unless sooner terminated in accordance with the provisions of this Agreement. The conditions set forth below shall apply to the initial term and all renewals. Notwithstanding this provision, any party may modify or terminate this Agreement as provided in Paragraph(s) 8 or 9. 8. Modification. The terms and conditions of this Agreement may be modified upon the mutual consent of both parties. Mutual consent will be demonstrated by approval of each governing body of each party hereto. No modification to this Agreement shall be effective and binding unless and until it is reduced to writing and signed by duly authorized representatives of both parties. 9. Termination. Agreement may be terminated at any time by the City of San Marcos or the City of Frisco with or without cause, upon thirty (30) days written notice to the other parties in accordance with Paragraph 12 herein. 10.Hold Harmless. The City of San Marcos and the City of Frisco agree to hold each other harmless from and against any and all claims, losses, damages, -2-