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8.C.a
<br />Sewer Cleaning. Hydro -Excavating. inspection Eauijtment & Mitxtllaneo s rvices Paee 1 of 4
<br />A CONTRACT BETWEEN
<br />HOUSTON-GALVESTON AREA COUNCIL
<br />Houston, Texas
<br />AND
<br />DUKE'S ROOT CONTROL, INC.
<br />Syracuse, New York
<br />This Contract is made and entered into by the Houston -Galveston Area Coundl of Governments, hereinafter referred to as H-GAC,
<br />having its principal place of business at 3555 Timmons Lane, Suite 120, Houston, Texas 77027, AND, Duke's Root Control, Inc.
<br />hereinafter referred to as the CONTRACTOR, having its principal place of business at 1020 Hiawatha Boulevard West, Syracuse, New
<br />York 13204.
<br />ARTICLE 1: SCOPE OF SERVICES
<br />The parties have entered into a Sewer Cleaning, Hydro -Excavating, Inspection Equipment & Miscellaneous Services Contract to
<br />become effective as of January 1, 2018, and to continue through December 31, 2020 (the "Contract"), subject to extension upon mutual
<br />agreement of the CONTRACTOR and H-GAC. H-GAC enters into the Contract as Agent for participating governmental agencies, each
<br />hereinafter referred to as END USER, for the purchase of Sewer Cleaning, Hydra -Excavating, Inspection Equipment & Misceibureaus
<br />Services offered by the CONTRACTOR The CONTRACTOR agrees to sell Sewer Cleaning, Hydro -Excavating, Inspection
<br />Equipment & Miscellaneous Services through the H-GAC Contract to END USERS.
<br />ARTICLE 2i. THE COMPLETE AGREEMENT
<br />The Contract shall consist of the documents identified below in order of precedence:
<br />1. The text of this Contract form, including but not limited to, Attachment A
<br />2. General Terms and Conditions
<br />3. Bid Specifications No:SC01-18, including any relevant suffixes
<br />4. CONTRACTOR'S Response to Bid No:SC01-18, including but not limited to, prices and options offered
<br />All of which are either attached hereto or incorporated by reference and hereby made a part of this Contract, and shall constitute the
<br />complete agreement between the parties hereto. This Contract supersedes any and all oral or written agreements between the parties relating
<br />to matters herein. Except as otherwise provided herein, this Contract cannot be modified without the written consent of both parties.
<br />ARTICLE 3: LEGAL Aj5HORTTY
<br />CONTRACTOR and H-GAC warrant and represent to each other that they have adequate legal counsel and authority to enter into this
<br />Contract. The governing bodies, where applicable, have authorized the signatory officials 10 enter into this Contract and bind the parties to
<br />the terms of this Contract and any subsequent amendments thereto.
<br />ARTICLE 4: APPLICABLE LAWS
<br />The parties agree to conduct all activities tinder this Contract in accordance with all applicable rules, regulations, directives, issuances,
<br />ordinances, and laws in effect or promulgated during the tern of this Contract.
<br />ARTICLE 5: )NDEPENDENT CONTRACTOR
<br />The execution of this Contract and the rendering of services prescribed by this Contract do not change the independent status of H-GAC or
<br />CONTRACTOR. No provision of this Contract or act of H-GAC in performance of this Contract shall be construed as making
<br />CONTRACTOR the agent, servant or employee of H-GAC, the State of Texas or the United States Goversmtent. Employees of
<br />CONTRACTOR are subject to the exclusive control and supervision of CONTRACTOR. CONTRACTOR is solely responsible for
<br />employee payrolls and claims arising therefrom.
<br />ARTICLE 6: END USER AGREEMENTS
<br />H-GAC acknowledges that the END USER may choose to enter into an End User Agreement with the CONTRACTOR through this
<br />Contract and that the tenet of said Agreement may exceed the term of the H-GAC Contract. However, this acknowledgement is not to be
<br />construed as H-GAC's endorsement or approval of the Etal Usei Agteeurettt tents and conditions. CONTRACTOR agrees not to offer,
<br />agree to or accept from END USER any terms or conditions that conflict with or contravene those in CONTRACTOR's H-GAC contract.
<br />Further, termination of this Contract for any reason shall not result in the termination of the underlying End User Agreements entered into
<br />between CONTRACTOR and any END USER which shall, in each instance, continue pursuant to their stated terms and duration. The only
<br />H:1('ONTRACTS1SewerCleaning, Hydro -Excavating, inspection Equipment & Miscellaneous Services \Duke's Root Control. Inc.1SC01-18.9
<br />Attachment: H-GAC Contract #SC01-18 Dukes Root Control (2109 : Dukes Root Control)
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