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35 ~ Houston-Galveston Area Council lNTERLOCAL CONTRACT/AGREEMENT FOR COOPERATIVE PURCHASING ILA No.: 95.568 Pe=nt Nambcr ..si~d by H-GAC THIS _ INTERLOCAL CONTRACT (" Agreement"), made and entered into pursuant to the Texas Intergovernmental Cooperation Act [Government Code. Title 7. Chapters 741 &: 791J by and between the Houston-Galveston Area Council, hereinafter referred to as :'H-GAC,.1" having its principal place of business at 3555 Timmons Lane, Suite 500, Houston, Texas 77027, and Cl ty OI San Marcos , hereinafter referred to as the "local government"havingitsprincipalp1aceofbusinessat 630 E. Hopkins St., San Marcos, Texas 78666. WITNESSETH WHEREAS, H-GAC is a regional planning commission created under Acts of the 59th Legislature, Regular Session, ~.~ -:ecodified as Texas Local Government Code, Chapter 391; and \ 1965. WHEREAS, H-GAC has entered into this contract with the local government on the 25th 19~; and day of July WHEREAS, the local government registers its desire to purchase certain governmental administrative functions, goods, or services; and WHEREAS, H-GAC hereby agrees to perform the scope of services outlined in ARTICLE 5, as hereinafter specified in accordance with this contract/agreement; and NOW, THEREFORE, H-GAC and the local government do hereby agree as follows: ARTICLE 1: LEGAL AUTHORITY The local government warrants and assures H -GAC that it possesses adequate legal authority to enter into this contract. The local government's governing body has authorized its signatory official(s) to enter into this contract and to bind the local.government to the terms of this contract and any subsequent amendments hereto. ARTICLE 2: APPLICABLE LAWS H-GAC and the local government agree to conduct all.activities under this contract in accordance with all applicable rules, regulations, ordinances and laws in effect or promulgated..during ,the term of this.. contract. ARTICLE 3: WHOLE AGREE:MENT The Interlocal Contract and any attachments, as provided herein, constitute the complete contract between the parties hereto, and supersede any and all oral and written agreements between the parties relating to matters herein. ExcePt as otherwise provided ~ein, this contract cannot be modified without written consent of the parties. RTICLE 4: PERFORMANCE PERIOD 'lhe period of this CO!ltract shall be for the balance of the fiscal year of the local government. which began October .1 . 19 ~ and ends September 30, 19~. Tl1is contract shall thereafter automatically be renewed annually for each succeeding fiscal year. provided that such renewal shall not have the effect of extending the period in which the local government may make.any payment due H-GAC beyond the fiscal year in which such obligation was incurred under this contract. H-GAC or the local government may cancel this contract at any time upon 30 days written notice to the other party to this contract. The obligations of the local government, including its obligation to pay H-GAC for all costs incurred under this contract prior to such notice shall survive such cancellation, as well as any other obligation incurred under this contract, until performed or discharged by the local government. ARTICLE 5: SCOPE OF SERVICES The local government appoints H-GAC its true and lawful purchasing agent for the purchase of certain products and services through the H-GAC Cooperative Purchasing Program, as enumerated through submission of any duly executed purchase order, order form or resolution. All products purchased hereunder shall be in accordance with specifications established by H-GAC. All products and services shall be procured by H-GAC in accordance with procedures governing competitive bids and competitive proposals, 'and at prices and administrative fees listed in current ContractorNendor Price Lists and H-GAC Forms. (Continued on reverse side)