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Home My WebLink About000842 Original Contract City of Port Angeles Record # 000842 After recording,return to: CITY OF PORT ANGELES ATTN:JENNIFER VENEKLASEN 321 E5 T11 STREET PORT ANGELES,WA 98362 INTERLOCAL BIDDING/PURCHASING AGREEMENT BETWEEN LINCOLN COUNTY AND CITY OF PORT ANGELES This Agreement,made and entered into by and between Lincoln County,state of Washington, a political subdivision of the State of Washington(hereinafter referred to as "Lincoln County")and the City of Port Angeles,a political subdivision of the State of Washington(hereinafter referred to as "City"), (collectively "Parties"). WITNESSETH that: A. The Parties maintain,for the benefit of the citizens of their respective jurisdictions,an organized and standard bidding and purchasing structure charged with the function of securing equipment, goods and services within the limits of all appropriate bidding laws of the state of Washington and the individual jurisdictions; and B. The Interlocal Cooperation Act, as amended, and codified in Chapter 39.34 of the Revised Code of Washington provides for Interlocal cooperation between governmental agencies; and C. It has been determined by each of the Parties hereto that it would be in the best interests of the citizens of their respective jurisdictions if, in some circumstances, the purchase of public works equipment, goods and services, can be purchased through a bidding or purchasing process made up of more than one jurisdiction in the state of Washington; and D. The Parties hereto desire and by this agreement enter into an Interlocal Cooperative Bidding/Purchasing Agreement("Agreement")wherein the Parties can utilize each other's contracts where it is lawful and in their best interest to do so and may establish yearly bidding/purchasing for equipment, goods and services of mutual need requirements. WHEREAS,the Parties hereto desire to set forth their rights,duties and responsibilities with respect to applicable laws,ordinances,procedures as established by the Parties hereto and the State of Washington. The Parties may elect not to exercise their right under this Agreement every year but may do so at any time the Agreement remains in effect; and IC:AForms\Contracts\F.Interlocal.Agmts\2.Purchasing.061913.doe Page 1 of 5 NOW,THEREFORE,for and in consideration of the procedures contained herein performed and to be performed, the Parties hereto agree as follows: 1. Cooperative Purchases. The Parties hereto,pursuant to Chapters 35A and 39 bidding laws, Revised Code of Washington, and pursuant to Chapter 39.34 of the Revised Code of Washington do hereby contract to cooperatively purchase goods, services and public works equipment as a result of competitive bidding or other lawful purchasing procedure and within the specifications established by and for Lincoln County and the City. Once the bidding or other purchasing procedure has been finalized and the Parties have been notified,both Parties will finalize their own individual arrangements, including option selection, selections, trade-in and delivery arrangements for goods, services and equipment directly with the applicable contractor. Lincoln County and the City agree that each party has no liability as far as the durability, serviceability,and warranty of the goods,services,and equipment selected. It is also agreed that the goods,services,and equipment selected shall be agreed upon by each individual party and will not be perceived as selected by the other party. Lincoln County and the City accept no responsibility for the performance of any contracts by the contractor,and Lincoln County and the City accept no responsibility for payment of the purchase price for any contract entered into by the other party. This Agreement is offered to allow the Parties the capability to purchase goods,services,and equipment designed specifically for their use and to take advantage of prices achieved by group participation. Any property acquired by a party under this Agreement is the sole and separate property of that party. 2. No Obligation to Purchase. Each party reserves the right to contract independently for the purchase of any particular class of equipment, goods, or services with or without notice to the other party. The Parties reserve the right to exclude the other party from any particular purchasing contract with or without notice to the other party. 3. Term. This Agreement shall take effect immediately and shall continue in effect until December 31, 2015. It may be terminated by either party by giving ten(10) days written notice to the other;provided,however,that termination shall not affect or impair joint purchases of the Parties that are agreed to on or before the date of termination. 4. Compliance with Laws. Each party accepts responsibility for compliance with federal,state,or local laws and regulations including,in particular,that party's bidding requirements applicable to the acquisition of any goods, services,or equipment obtained through the cooperative process agreed to herein. K:\Forms\Contracts\F.Interlocal.Agmts\2.Purchasing.061913.doc Page 2 of 5 5. Indemnification. Lincoln County agrees to indemnify,defend and hold the City,its elected officials,officers, employees, agents, and volunteers harmless from any and all tort claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from,or connected with this Agreement to the extent caused by the tortious negligent acts, errors or omissions of Lincoln County, its elected officials, commissioners, officers, employees, agents, and volunteers, or by Lincoln County's breach of this Agreement. The City agrees to indemnify, defend and hold Lincoln County, its elected officials, commissioners, officers, employees, agents and volunteers harmless from any and all tort claims, demands, losses, actions and liabilities (including costs and attorney fees) to or by any and all persons or entities,including without limitation,their respective agents,licensees,or representatives, arising from, resulting from or connected with this Agreement to the extent caused by the tortious negligent acts, errors, or omissions of the City, its employees or agents. 6. Survival. The provisions of Section 5 shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 7. Contact Persons. The Parties stipulate that the following persons shall be the contact person for their respective jurisdiction. a. LINCOLN COUNTY: Wade Magers 404 Sinclair; PO Box 367 Davenport, WA 99122 (509)725-3501 Phone (509)725-0575 Fax b. CITY OF PORT ANGELES: TERRY GALLAGHER 321 EAST 5TH STREET PORT ANGELES,WA 98362 (360)417-4901 PHONE (360)417-4909 FAX 8. Administration. No separate legal or administrative entity is created by this Agreement. This Agreement shall be administered by Terry Gallagher, Chief of Police. K:A Forms\Contracts\F.Interl ocal.Agmts\2.Purchasing.061913.doe Page 3 of 5 9. Recording. A copy of this Agreement shall be recorded in the Lincoln County Auditor's Office . 10. General Provisions. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. This Agreement shall be binding upon and inure to the benefit of the Parties'successors in interest,heirs and assigns. Any provision of this Agreement which is declared invalid or illegal shall in no way affect or invalidate any other provision. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be in Clallam County if the bid is issued by the City or in Lincoln County if the bid is issued by Lincoln County. Failure of the City] or the County to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. C77'-1-h Agreed to on this VJ day of �� 20 If. Elected Official Approval City of Port Angeles Mark R. Stedman Dan Diguilio Commissioner Mayor i 2 i 5 Date Date Scott M. Hutsell Commissioner _. I Vis e Rob Coffman Commissioner Date K:\Forms Tontracts\F.Interlocal.Agmts\2.Purchasing.061913.doc Page 4 of 5 APPROVED AS TO FORM ONLY APPROVED AS TO FORM ONLY Jeffrey S Barkdull William Bloor Lincoln County Prosecuting Attorney City Attorney c�— ate Date ATTEST: Jennifer Veneklasen City Clerk B : Zlz�i ly Date K:\Forms\Contracts\F.Interlocal.Agmts\2.Purchasing.061913.doe Page 5 of 5