CC - Agendas - City Council - REGULAR - 8/14/2018

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8.C.a Sewer Cleaning. Hydro-Excavatine. InslsgthitEquipment & Miscellmegus Services Page 4 of 4 not CONTRACTOR has received an invoicc from H-GAC. For sales made by CONTRACTOR based on this contract, including sales to entities without Interlocal Contracts, CONTRACTOR shall pay the applicable order processing charges to H-GAC. Further, CONTRACTOR agrees to encourage entities who are not members of H-GAC's Cooperative Purchasing Program to execute an H-GAC Interlocal Contract. H-GAC reserves the right to take appropriate actions including, but not limited to, contract termination if CONTRACTOR fails to promptly remit H-GAC's order processing charge. In no event shall H-GAC have any liability to CONTRACTOR for any goods or services an END USER procures from CONTRACTOR. ARTICLE 20: LIOUIDATED DAMAGES Any liquidated damages terms will be determined between CONTRACTOR and END USER at the time END USER's purchase order is placed. ARTICLE 21: FERFORMANCE AND PAYMENT BOND FOR INDIVIDUAL ORDERS H-GAC's contractual requirements DO NOT include a Performance & Payment Bond (PPB), and offered pricing should reflect this cost saving. However, CONTRACTOR must be prepared to offer a PPB to cover any specific order if so requested by END USER. CONTRACTOR shall quote a price to END USER for provision of any requested PPB, and agrees to furnish the PPB within ten business (10) days of receipt of END USER': purchase order. ARTICLE 22; CHANGE OF CONTRACTOR STATUS CONTRACTOR shall immediately notify H-GAC, in writing, of ANY change in ownership, control, dealership/franchisee status, Motor Vehicle license status, or name, and shall also advise whether or not this Contract shall be affected in any way by such change. H-GAC shall have the right to determine whether or not such change is acceptable, and to determine what action shall be warranted, up to and including cancellation of Contract. ARTICLE 23: LICENSING REQUIRED BY TEUS MOTOR VEHICLE BOARD IIFAPPLIC4BLRI CONTRACTOR will, for the duration of this Contract, maintain current licenses that are required by the Texas Motor Vehicle Comnrission Code. If at any time during this Contract period, any CONTRACTOR'S license is not renewed, or is denied or revoked, CONTRACTOR shall be deemed to be in default of this Contract unless the Motor Vehicle Board issues a stay or waiver. Contractor shall promptly provide copies of all current applicable Texas Motor Vehicle Board documentation to H-GAC upon request. IN WITNESS WHEREOF, the parties have caused this Contract to be executed by their duly authorized representatives. Signed for Heaton-Gaivestso Area Coundl, Houston, Texas: Attest for Houston -Galveston Area Council, Houston, Texas: Date: LA911/1'" 20L Signed for Drone's Root Control, Inc/, Syracuse, New York: t? p�t Printed Name & Title 4 t/t41 L • E''O 0 lie Ce t 07.r` Date: t (/a"'O 2012 Attest for Duke''s Root Control, Inc. . / f,1( Syracuse, New York: r �L / t Printed Name & Title: VOA"- ' - 1'`r CI)07)� t�la 1l Vt .2011 i H:\CONTRACTS\Sewer Cleaning, Hydio-Excavating, Inspection Equipment & Miscellaneous Servic«UwLa's Root Control, Inc SC01-1E.9 Attachment: H-GAC Contract #SC01-18 Dukes Root Control (2109 : Dukes Root Control) PE