Agreement_re_State_Contract_w_Proposer.pdf

Agreement

This Agreement for Use of State Contract or other cooperative contract, which shall be effective as of the date of last execution is between Proposer’s Business Name, a (name of State) corporation licensed to do business in the State of North Carolina and the Town of Mooresville (“Town”), a municipal corporation located in Iredell County, North Carolina. Proposer’s Business Name and the Town are sometimes referred to herein respectively as a “Party” or jointly as the “Parties”.

WITNESSETH:

WHEREAS, Proposer’s Business Name entered a contract with the State Contract or other cooperative contract on Date, more specifically referred to as Contract Number or Title; and

WHEREAS, Proposer’s Business Name has agreed to extend to Town the provision of equipment, software and/or services at the same pricing and terms that were made under the State Contract or other cooperative contract; and

WHEREAS, the Town desires to contract with Proposer’s Business Name based on the same terms, conditions and pricing found in the State Contract or other cooperative contract.

NOW, THEREFORE, for and in consideration of the recitals and the mutual promises and covenants contained in this Agreement, the Parties agree as follows:

1. The State Contract or other cooperative contract is hereby incorporated by reference herein and shall govern the relationship between the Parties hereto; provided, however, that all references to the State of North Carolina or other contracting entity shall be deemed to now reference the Town of Mooresville and the notice provision shall replace the State’s information with the Town’s information as follows:

Town of Mooresville: Town of Mooresville

Attention: Town Manager

413 N. Main Street

Mooresville, NC 28115

With a copy to : Sharon T Crawford

Town Attorney for Mooresville

413 N. Main Street

Mooresville, NC 28115

2. All purchase orders shall issue from Town and include a pre-audit statement, as applicable.

No terms or conditions placed on a purchase order, quote or other instrument provided by

Proposer shall control or supercede the terms of this Agreement or the State Contract or other cooperative contract incorporated herein.

IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed in their corporate names by duly authorized officers.

PROPOSER’S BUSINESS NAME:

____________________________________ Date: ___________________________

By:_________________________________

TOWN OF MOORESVILLE:

____________________________________ Date: ___________________________

By: _________________________________

ATTEST: _____________________________ Date: ___________________________

Genevieve Glaser, Town Clerk