Res 2013-061/Interlocal agreement w/SMCISD and Hays County for joint participation in an on-line bidding system

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a) Register interested bidders; b) Distribute solicitations for bid and proposal documents electronically; c) Notify vendors automatically; d) Receive electronic bids /proposals using the Advanced Encryption Standard ( "AES ") to ensure that the electronic bids /proposals remain effectively unopened until the advertised time; e) Tabulate and publish bid results; and f) Post notices of award. 2. Back -ups. The City's E- Procurement software provider will conduct regular back -ups of the information maintained on the site. 3. Users Group. The Parties agree to form an On -Line Bidding System User Group ( "User Group ") which will consist of the Purchasing Manager, or designee, for each Party. The purpose of the User Group is to meet as necessary to review enhancement requests from any Party to the Agreement and to prioritize and make recommendations regarding the requests for enhancements. The City will consider the recommendations of the User Group and will have final approval authority for the implementation of any recommended enhancement; provided, however, that such approval will not be unreasonably withheld. 4. Enhancements. Costs for approved enhancements will be shared equally by each of the participating Parties regardless of their interest in the enhancement. 5. Applicable Laws.Each Party agrees to comply with all applicable local, state and federal laws, rules and regulations. 6. Effective Date and Term. The term of this Agreement will commence and be effective as of the date of execution by the last Party to sign the Agreement. The Agreement will remain in full force and effect until September 30, 2013. This Agreement will automatically renew for successive one (1) year terms unless terminated by either Party in accordance with the provisions of Paragraph 9 below. The conditions set forth below will apply to the initial term and all renewals. 7. Interlocal Cooperation. The Parties agree to cooperate with each other in good faith at all times during the term of this Agreement in order to achieve the purposes and intent of this Agreement. Each Party to this Agreement acknowledges and represents that this Agreement has been executed by its duly authorized representative. 8. Entire Agreement. This Agreement, including any appendices and attachments represents the entire and integrated agreement between the Parties and supersedes all prior proposals, negotiations, representations, agreements, arrangements, or understandings either written or oral between the Parties. No verbal agreement or conversation with any officer, agent, or employee of any party before or after the execution of this Agreement will affect or modify any of the terms or obligations hereunder. The terms and conditions of this Agreement may only be amended or modified by written amendment executed by all of the parties. The N