Res 2011-081 - Laserfiche WebLink

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competitively bid contracts pursuant to Subchapter F, Chapter 271 of the Texas Local Government Code. Furthermore, both governing bodies find that the performance of this Agreement is in the common interest of each party and that the division of cost will fairly compensate the other for its performance under this Agreement. ARTICLE II TERM The term of this Agreement shall be for a period of one (1) year commencing on the last date of execution hereof ( "Effective Date "). Thereafter this Agreement shall automatically renew for successive periods of one (1) year each under the terms and conditions stated herein, unless sooner terminated as provided herein. ARTICLE III TERMINATION Either party may terminate this Agreement by providing thirty (30) calendar days prior written notice to the other party. ARTICLE IV PURCHASING 4.1 Desig nated Purchasing Agent: The COSM hereby makes, constitutes and appoints Irving its authorized purchasing agent for the purchase of various commodities or services provided by contracts or purchase agreements, hereinafter referred to as "contracts ", awarded by Irving. Conversely, Irving, hereby makes, constitutes and appoints COSM its authorized purchasing agent for the purchase of various commodities or services provided by contracts awarded by San Marcos. To utilize an existing contract, the non - contract awarding City must request authorization, in writing, from the contract awarding City. Upon receipt of such a request, the contract awarding City will seek approval from the contracted vendor. The non- awarding City agrees that the awarding City shall serve as the purchasing agent for selected items, and agrees that the bidding shall be conducted by the awarding City according to its usual bidding procedures. 4.2 Voluntary Participation: Participation by either party in any cooperative purchasing activity is strictly voluntary. Nothing in this Agreement shall prevent either party from purchasing and/or accepting and awarding bids, proposals and contracts subject to this contract on its own behalf. 4.3 Payment Process: Each party shall make payments directly to the vendor under the contract made pursuant to Subchapter F, Chapter 271 of the Texas Local Government Code. The successful vendor shall bill the City placing the order for goods and services directly and that City shall be responsible for the respective vendor's compliance with provisions relating to the quality of items and terms of delivery. Page 2