§ 10-4-2. Creation and use conditions.

Any IDIQ cooperative purchasing contracts created by Horry County and available for use by any public procurement units shall provide that:

A.

Horry County shall create the cooperative purchasing contracts in compliance with all Horry County procurement requirements;

B.

When a public procurement unit utilizes an Horry County cooperative purchasing contract to acquire any supplies, services, or improvements to real property, it shall do so by placing orders against the appropriate Horry County contracts in accordance with the terms and conditions of such contracts;

C.

Payment for the supplies, services, or improvements to real property ordered by the public procurement unit under Horry County cooperative purchasing contracts and any fees for service shall be the exclusive obligation of such ordering jurisdiction;

D.

Inspection and acceptance of supplies, services, and improvements to real property ordered by the public procurement unit under Horry County cooperative purchasing contracts shall be the exclusive obligation of such ordering jurisdiction;

E.

Horry County may terminate the cooperative purchasing contract, terminate the right to use the cooperative purchasing contract, or terminate an order thereunder for failure of the public procurement unit to comply with the terms of the contract or pay a contractor to which Horry County has awarded a cooperative purchasing contract;

F.

The exercise of any warranty rights attaching to supplies, services, or improvements to real property received by the public procurement unit under any Horry County cooperative purchasing contracts shall be the exclusive obligation of such jurisdiction; and

G.

The failure of a contractor to supply a public procurement unit with the supplies, services, or improvements to real property it has ordered under an Horry County cooperative contract or in any way to comply with an Horry County cooperative purchasing contract will not impose an obligation on Horry County to secure performance from the contractor or in any way assist in supplying a remedy for the public procurement unit.