Agenda Package - 01-04-10 - Laserfiche WebLink

Home Browse Search

[2i ® Section 5. Award of Contract. The proposals shall be reviewed by the persons designated by the Procuring Agent and the Principal, and they will present a recommendation to the County Commissioners of the Procuring Agent for the award of the procurement contract(s). The County Commissioners of the Procuring Agent may consider, but is not bound by the recommendation. Once the procurement contracts(s) have been executed by the Procuring Agent and the vendor(s) a copy of procurement contract(s) shall be forwarded to the Principal. Upon receipt of the procurement contract(s) the Principal may issue its individual Purchase order(s) to the vendor(s) that has/have executed the procurement contract(s). The Principal shall thereby purchase the Goods and Services from the vendor(s) and not from the Procuring Agency. Rowan County, as the Procuring Agent, will have no financial obligation to the vendor for purchases made by the Principal. Section 6. Record Retention. The Procuring Agent and the Principal agree to retain all documentation relating to the procurement for a period of not less than five years after the date of the last delivery pursuant to the procurement, except in the event of litigation or settlement of claims arising from the performance of the procurement contract(s), in which case the Procuring ® Agent and Principal agree to maintain same until all such litigation, appeals, claims or exception related thereto have been resolved. Section 7. Miscellaneous. (a) Duration. This Agreement shall be 60-rnonths from the award of the procurement contract, unless terminated earlier by mutual agreement. The governing body of each party hereto has determined that this duration is reasonable. On such termination, obligations of either side that are still executory are hereby discharged, but any rights based on prior breach or performance survive. (b) Appointment of Personnel. The County Manager shall designate persons to carry out the Procuring Agent's obligation under the Agreement. The Chairman of the Lee County Board of Commissioners (Principal 's Official ) shall designate the persons to carry out the Principal's obligation under the Agreement. (c) Amendment and Termination. This Agreement may be amended by agreement of the parties or terminated at will by the Principal or Procuring Agent. (d) Benefit of Agreement. This Agreement is for the benefit of only the parties hereto and not any other person, firm, or corporation. (e) Nature of Agreement and Transaction. The Procuring Agent's sole responsibilities under this Agreement are to conduct a procurement as described in this Agreement and to enter into the procurement contract(s) for the benefit of the Principal, also as described in this Agreement. In performing under this Agreement, the Procuring Agent is acting as the agent on behalf of the 2