Res 2011-081 - Laserfiche WebLink

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4.4 Distribution of Bids /Costs: The representatives for both entities shall fairly distribute the bids, requests for proposals and qualifications and other purchases to be made and the cost of advertising shall be borne equally by each entity. 4.5 Administrative Duties: The representatives for both entities shall agree on who is responsible for all 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. Irving and COSM shall share equally any and all cash rebates related to any joint purchases pursuant to this Agreement. 4.6 Authorized Representatives: The City Manager of Irving or designee and the COSM City Manager or designee is hereby authorized to act on behalf of the respective party in all matters relating to this cooperative purchasing program. 4.7 No Warrantv Regarding Vendors: As either party initially awards contracts for goods or services, it is understood and agreed that the awarding party is warranting or representing to the other that the vendor or the vendor's goods and services meets the standards of the other party or that the goods or services are suitable for a particular use or purpose. Each party is solely responsible for making such determinations before entering into a contract with a vendor through this Agreement. 4.8 Independent Relationship with Vendors and Mutual Release: It is understood and agreed by each party to this Agreement that, in entering into any contract with a vendor through this Agreement, it does so independently of the other party. In the event of any dispute between a party to this Agreement and a vendor, such party agrees that the other party to this Agreement shall have no liability or responsibility for the actions of the vendor and the parties hereby release and hold harmless each other from any and all liability, losses or damages arising under any contracts with such vendors. ARTICLE V MISCELLANEOUS 5.1 Relationship of Parties: This Agreement is not intended to create, nor should it be construed as creating, a partnership, association, joint venture or trust. 5.2 Notice Any notice required or permitted to be delivered hereunder shall be deemed received when sent in the United States Mail, Postage Prepaid, Certified Mail, Return Receipt Requested, or by hand - delivery or facsimile transmission addressed to the respective party at the address set forth below the signature of the party. 5.3 Amendment: This Agreement may be amended by the mutual written agreement of both parties hereto. Page 3