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190. £OMMUNZTZB$ FomtdJng Cc,Sponsors ~/(ASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT This agr~ment {s made beacon cecaln government agencies ~at execute a ~ad Public Agency Ce~ificate ("~ad Public Agencies") to be appended ~d made a pa~ hereof ~d other gove~ent agencies ("P~ticipating Public Agencies") that a~ee to te~s and conditions hereof t~ough U.S. Co--unities regis~ation to be appended ~d made a pa~ hereof. ~CIT~S ~E~AS, a~er a eompe~tive biding ~d selection process by Lead Public Agencies, a umber of Vendors have entered into Master A~eements to provide a varie~ of goods, products ~d se~ices based on national volumes (herein "Products"); ~E~AS, Master AD'cements ge made available by Lead Public Agencies t~ou~ U.S. Certifies and provide ~at P~icipating Public Agencies may pumhase Products on ~e same te~s, conditions and pricing as the Lead Public Agency, subject to any applicable local purchasing ordin~ces ~d the laws of~e State of p~chase; ~E~AS, the pgties desire to comply with ~e requirements and fo~alifies of the htergove~entai Cooperation Act as may be applicable to the laws of the State of p~ehase; ~E~AS, the pa~i~ hereto desire to eonse*~e resources ~d reduce procurement cost; ~E~AS, ~e panics hereto desire to improve the efficiency, effectiveness ~d economy of the procurement of necessaw Products; NOW, THE~FO~, in consideration of~e mu~al.pro~ses contained in t~s a~eement, and of the mutual benefits to result, the pmies a~ee as follows: 1. That each p~ty will facilitate the cooperative procurement of Products. 2. That the proc~ement of Products subject to ~is a~eement shall be conducted in aceord~ce wi~ ~d subject to ~e relevant statutes, ordinances, roles and re~lations ~at govern each pa~'s procurement practices. 3. That the cooperative use of bids obtained by a paay to this a~eement shall be in accord~ce wi~ the te~s and conditions of the bid, except as modifioa~on of &ese te~s ~d conditions is othe~ise allowed or required by applicable law. 4. That flae Lead Public Agencies will make available, upon reasonable request and subject to convenience, information which may assist in improving the effectiveness, efficiency and economy of Participating Public Agencies proc~ement of Products. 5. That a preening pa~ will make timely payments to the Vendor for Products received in accord~ce wffh the terms and conditions of the procurement. Pa~ent for Products and inspections and aceept~ce of Products ordered by the procuring pa~y shall be ~e exclusive obligation of such preening pa~. Disput~ be~een procuring pa~y ~d Vendor are to be resolved in accord wi~ ~e law and venue roles of the State of purch~e. 6. The procuring pa~ shall not use this a~eement as a method for obtaining additional concessions or ~edueed prices for si~lar products or services. 7. The procuring pa~ shall ~e responsible for the ordenng of Products ~der ~ls a~eement. A non-procuring par~ shall not be liable in ~y fashion for any violation by a procuring pray, and the procuring par~ shall hold non- preening pa~ harmle~ ~om any liabili~ ~at may arise ~om action or inaction of~e preening pa~y. 8. The exercise of m~y rights or remedies by the proc~ing pa~ shall he the exclusive obligation of such procuring P~. 9. This a~eement shall remain in effect until ter~nation by a pray giving 30 days written notice to U.S. Co--unities at 2175 N. California Blvd., Suite 550, Walnut Creek, CA 94596. 10. This a~eement shall take effect after execution of the Lead Public Agency Ceaificate or Paaic~pating Public Agency Regis~ation, as applicable.