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MASTER INTERLOCAL COOPERATIVE PURCHASING AGREEMENT <br /> BETWEEN THE CITY OF SAN MARCOS <br /> AND THE CITY OF THE COLONY - <br /> WHEREAS, Chapter 791 of the Texas Government Code, also known as the Interlocal <br /> Cooperation Act, and Chapter 271.102 of the Texas Local Government Code authorize all local <br /> governments to contract with each other to perform governmental functions or services including <br /> administrative functions normally associated with the operation of government such as purchasing <br /> of necessary equipment,supplies and services; <br /> WHEREAS, The City of San Marcos (the "City") and The City of The Colony ("The <br /> Colony") desire to enter into this Agreement for the purpose of fulfilling and <br /> implementing their respective public and governmental purposes, needs, objectives, programs <br /> and services; <br /> WHEREAS, The City and The Colony represent that each are independently authorized to <br /> perform the functions or services contemplated by this Agreement; <br /> WHEREAS, it is deemed in the best interest of all participating governments that said <br /> governments do enter into a mutually satisfactory agreement for the purchase of necessary <br /> equipment,supplies, and services; <br /> WHEREAS,the participating governments are of the opinion that cooperation in the purchasing <br /> of equipment, supplies, services and auctions will be beneficial to the taxpayers of the <br /> governments through the efficiencies and potential savings to be realized;and <br /> WHEREAS, each party has sufficient resources to perform the functions contemplated by this <br /> Agreement; <br /> NOW THEREFORE,the parties hereto,in consideration of the mutual covenants and conditions <br /> contained herein,promise and agree as to each of the other as follows: <br /> 1. The City and The Colony are authorized to participate in each other's <br /> current and/or future contracts for goods and services. Said contracts shall <br /> have been established in accordance with all appropriate procedures <br /> governing competitive bids and competitive proposals,if required. <br /> 2. The City and The Colony agree that the ordering of goods and services is <br /> the responsibility of the local government seeking to obtain such goods and <br /> services under the established contract, and that participating government <br /> shall deal directly with the vendor in obtaining the goods and services and <br /> payment therefore, The participating government shall be liable to the <br /> vendor only for goods and services ordered and received by it, and shall not, <br /> by the execution of this Agreement,assume any additional liability. Neither <br /> the City nor The Colony warrants, or is responsible for, the quality or <br /> delivery of goods or services from the vendor under contract. Should a <br /> dispute arise between a participating government and a vendor, the same <br /> shall be handled by and between that participating government and the <br /> vendor. <br /> Cooperative Purchasing Agreement—The City of San Marcos and the City of The Colony -1 - <br />