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ARTICLE 1: LEGAL AUTHORITY <br />6.D. - Page 6 of 70 <br />Each party represents and warrants that it is eligible to participate in this <br />Agreement because it is a local government created and operated to provide <br />one or more governmental functions and possesses adequate legal authority <br />to enter into this Agreement. <br />ARTICLE 2: APPLICABLE LAWS <br />The procurement of goods and services subject to this Agreement shall <br />be conducted in accordance with and subject to the relevant statutes, <br />ordinances, rules, and regulations that govern each party's procurement <br />policies. Competitive Solicitations are intended to meet the public contracting <br />requirements of the Lead Contracting Agency and may not be appropriate <br />under, or satisfy Participating Agencies' procurement laws. It is the <br />responsibility of each party to ensure it has met all applicable solicitation and <br />procurement requirements. Participating Agencies are urged to seek <br />independent review by their legal counsel to ensure compliance with all local <br />and state solicitation requirements. <br />ARTICLE 3: USE OF BID, PROPOSAL OR PRICE AGREEMENT <br />a. A"procuring party" is defined as the Lead Contracting Agency or any <br />Participating Agency that desires to purchase from the Master Price <br />Agreements awarded by the Lead Contracting Agency. <br />b. Each procuring party shall be solely responsible for their own <br />purchase of goods and services under this Agreement. A non - <br />procuring party shall not be liable in any fashion for any violation of <br />law or contract by a procuring party, and the procuring party shall <br />hold non -procuring parties and all unrelated procuring parties <br />harmless from any liability that may arise from action or inaction of <br />the procuring party. <br />c. The procuring party shall not use this agreement as a method for <br />obtaining additional concessions or reduced prices for similar goods <br />and services outside the scope of the Master Price Agreement. <br />d. The exercise of any rights or remedies by the procuring party shall <br />be the exclusive obligation of such procuring party. <br />e. The cooperative use of bids, proposals or price agreements <br />obtained by a party to this Agreement shall be in accordance with <br />the terms and conditions of the bid, proposal or price agreement, <br />except as modified where otherwise allowed or required by <br />applicable law, and does not relieve the party of its other solicitation <br />requirements under state law or local policies. <br />ARTICLE 4: PAYMENT OBLIGATIONS <br />ATTY/AGR/2018.252/PARCITIPATING AGENCY ENDORSEMENT & AUTHORIZATION TO INTROGOVERNMENTAL PURCHASING AGREEMENT <br />REV: 10-29-18 RL <br />Page 2 of 5 <br />9Kj <br />