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ARTICLE III <br />TERMINATION <br />Either party may terminate this Agreement by providing thirty (30) calendar days prior <br />written notice to the other party. <br />ARTICLE IV <br />PURCHASING <br />4.1 Designated Purchasing Agent: The City hereby makes, constitutes and appoints the <br />County its true and lawful purchasing agent only for the purchase of certain specified various <br />commodities or services provided by annual contracts or purchase agreements hereinafter <br />referred to as "contracts" (bids). The County will maintain a listing of annual contracts which <br />are available for the City's use. The City agrees that the bidding will be conducted by the <br />County according to its usual bidding procedures and in accordance with applicable State <br />statutes. The City agrees that all specifications for selected items will be determined by the <br />County. <br />4.2 Voluntary Participation: Participation by the City in any cooperative purchasing <br />activity is strictly voluntary. Nothing in this Agreement shall prevent the City from purchasing <br />and/or accepting and awarding bids, proposals and contracts subject to this contract on its own <br />behalf. <br />4.3 Payment Process: The City agrees to make payments directly to the vendor under the <br />contract made pursuant to the applicable Texas procurement laws. The successful bidder or <br />bidders will bill the City directly for all items and services purchased and the City will be <br />responsible for the respective vendor's compliance with provisions relating to the quality of <br />items and terms of delivery and will pay the supplier directly for all goods, equipment, services <br />and products pursuant to this Agreement. <br />4.4 Administrative Duties: The representatives for both entities will agree on who is <br />responsible for all administrative duties as may be necessary to lawfully facilitate processing and <br />preparation of any bids, proposals and request for qualifications and other procurement activity <br />as may be required for the purchase of any equipment, supplies, services, insurance, high <br />technology, professional services and other expenditures that may be exempt from competitive <br />bidding /proposals. The County and the City will share equally any and all cash rebates related to <br />any joint purchases pursuant to this Agreement. <br />4.5 Authorized Representatives: The Purchasing Agent of the County or designee and the <br />City's Purchasing Manager are hereby authorized to act on behalf of the respective party in all <br />matters relating to this cooperative purchasing program. <br />Page 2 <br />