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The materials and services shall be procured in accordance with procedures governing competitive bidding by H -GAC; and at the unit prices and administrative fee as indicated in the current H -GAC Order Form and Price Lists. Ownership (title) of material purchased shall transfer directly from the vendor to the local government. The local government agrees to provide H 4AC with documentation of receipt and acceptance of material within five (5) days of acceptance of same. ARTICLE 6 PAYMENTS The local government agrees that, upon the presentation by H -GAC of a properly documented, verified proof of performance and a statement of costs H -GAC has incurred in accordance with the terms of this Agreement, it shall pay H -GAC, from current revenues available to the local government during the current fiscal year, on or before the date of the delivery of materials and services to be provided under this agreement. ARTICLE 7 CHANGES AND AMENDMENTS Any alterations, additions, or deletions to the terms of this Agreement which are required by changes in Federal and State law or regulations are automatically incorporated into this Agreement without written amendment hereto, and shall .become effective on the date designated by such law or regulation. H -GAC may, from time to time, require changes in the scope of the services offered through the H -GAC Cooperative Purchasing Program to be performed hereunder. ARTICLE 8 TERMINATION PROCEDURES Either H -GAC or the local government may cancel or terminate this Agreement upon thirty (30) days written notice by certified mail to the other party. In the event of such termination prior to completion of any purchase provided for herein, the local government agrees to pay for services on a prorated basis for materials and services actually provided and invoiced in accordance with the terms of this Agreement, including penalties. less payment of any compensation previously paid. ARTICLE 9 SEVERABILITY All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not effect any other term of this Agreement, which shall continue in full force and effect. ARTICLE 10 FORCE MAJEURE To the extent that either party to this Agreement shall be wholly or partially prevented from the performance within the term specified of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war. insurrection, accident, judgement, act of God, or specific cause reasonably beyond the parties' control and not attributable to its neglect or nonfeasance, in such event. the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed. Determination of force majeure shall rest solely with H -GAC. ARTICLE 11 VENUE Venue and jurisdiction of any suit, or cause of action arising under or in connection with the Agreement shall lie exclusively in Harris County, Texas. This instrument, in duplicate originals, has been executed by the parties hereto as follows: CITY OF PARIS, PARIS, TEXAS Local Government BY Michael E. Malone, HOUSTON- GALVESTON AREA COUNCIL BY Date Manager of Cooperative Purchasing City Manager DATE 1/ L c)l BY Date Name b Title of Signatory Jack Steele (PLEASE TYPE) Executive Director Resolution No. 91 -005 authorizing and directing the Mayor of the City of Paris, Eric S. Clifford to execute on behalf of the City of Paris Addendum No. One to the Contract with Tenaska III Texas Partners, changing the six month audit period to an annual audit period. A motion was made by Councilman Fisher, seconded by Councilman Burnett for approval of the resolution. The motion carried 7 ayes, 0 nays.