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:I� � � � �' � It is understood and agreed that the City of Rogers, pursuant to the terms of the Agreement and in accordance with its established practices and the laws governing purchases by the City of Rogers, shall solicit bids, and shall tabulate, evaluate, and discuss with any other governmental unit that may enter into this Agreement or a substantially similar agreement with City of Rogers, a11 bids received pursuant to such solicitations. The City of Rogers sha11 make an award on behalf of itself and all such participating governmental units to the lowest responsive, responsible bidder responding to the solicitation for bids upon majority agreement of the authorized representative of all such participating governmental units. This award shall establish the prices and estimated quantities to be purchased by each of the parties hereto included in such award in accordance with this Agreement. The parties sha11 be liable for any orders placed by them in accordance with this agreement, but shall not be liable for any other sums. 2. ORDERS, DELIVERY AND PAYMENT After the award is made for the estimated quantities of items, designed pursuant to this 7oint Powers Agreement, each of the parties hereto agrees to order from the successful bidder such quantities as shall be consistent with its ne�ci�. Each party agrees to make arrangements with the successful bidder for ordering deiivery, shipment, and payment with respect to the items it wishes to order. All disbursements of public funds by any of the parties in payment for such items shall be made in accordance with a11 laws of the State of Minnesota and of the party making such disbursement. All parties must provide for the strict accountability of all funds employed hereunder, in accordance with the rules and regulations such pariy ordinarily applies with respect to such funds. 4. LIABILITY OF TI� CITY OF ROGERS The City of Rogers sha11 endea�or in good faith to maintain a high degree of efficiency with respect to any services provided hereunder; however, the sole and exclusive remedy for any breach of this agreement by the City Administrator and the City of Rogers' liability of any kind whatsoever, including but not limited to liability for late, negligent or nonperformance or for any respect regarding its herein obligations, sha11 be limited to correcting diligently any such deficiency as is reasonably possible under the pertinent circumstances. Furthermore, the City of Rogers does not warrant product quality or service. If lower prices are offered to Political Subdivisions by a vendor on subsequent annual contracts or price agreements, that same pricing structure must be e�tended to the City -of Rogers on e�sting comparable contracts which the vendor may ha�e in effect with the state of the time. Failure to comply may result in cancellation of the State. Additional surety bond(s) in the amount of no less that 5% of the amount of the price quoted for this unit shall be required at the discretion of any other governmental unit