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• INTERLOCAL AGREEMENT <br />BETWEEN THE CITY OF HURST AND THE CITY OF SAN MARCOS <br />This Agreement is made this 1St day of April, 2008, between the City of Hurst ("Hurst") and the <br />City of San Marcos, Texas (San Marcos"). <br />Whereas, San Marcos and Hurst desire to enter into this Agreement in order to fulfill and <br />implement their respective public and governmental purposes, needs, objectives, programs and <br />services pursuant to the authority granted by the "Texas Interlocal Cooperation Act", Chapter <br />791 of the Texas Government Code, which allows cooperation between local governmental <br />entities. <br />Whereas, both parties to this Agreement, in performing governmental functions or in paying for <br />the performance of governmen~al functions hereunder, shall make that performance or those <br />payments from current revenues legally available to that party; <br />Whereas, the governing bodies of both Hurst and San Marcos find that it is in the best interest of <br />both entities to enter into this Agreement and that each party has the legal authority to perform <br />and to provide the governmental function or service which is the subject matter of this <br />Agreement; furthermore, the governing bodies find that the performance of this Agreement is in <br />the common interest of both parties; and that the division of cost fairly compensates the <br />• performing party for the services performed under this Agreement. <br />Now Therefore, the parties hereto, in consideration of the mutual covenants and conditions <br />contained herein, promise and agree as follows: <br />I. <br />San Marcos, hereby makes, constitutes and appoints Hurst its true and lawful purchasing agent <br />for the purchase of various commodities or services provided by contracts or purchase <br />agreements, hereinafter referred to as contracts, awarded by Hurst. Conversely, Hurst, hereby <br />makes, constitutes and appoints San Marcos its true and lawful purchasing agent for the purchase <br />of various commodities or services provided by contracts awarded by San Marcos. <br />To utilize an existing contract, the non-contract awarding City must request authorization, in <br />writing, from the contract awarding City. Upon receipt of such a request, the contract awarding <br />City will seek approval from the contracted vendor. The non-awarding City agrees that the <br />awarding City shall serve as the purchasing agent for selected items, and agrees that the bidding <br />shall be conducted by the awarding City according to its usual bidding procedures. <br />Participation by either party in any cooperative purchasing activity is strictly voluntary. Nothing <br />in this Agreement shall prevent either party from purchasing and/or accepting and awarding bids, <br />proposals and contracts subject to this contract on its own behalf. <br />• <br />Interlocal -Hurst & City of San Marcos 2008 ! 1) <br />