HomeMy WebLinkAbout5.623 Original Contract
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2005 AUG 24 Ar1 8: 53
Filed at the Request of:
City of Port Angeles
City Clerk's Office
P. O. Box 1150
Port Angeles, W A 98362
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2005 1163474 Clallam
County
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Interlocal Agreement
City Clerk File No.: ~. (,:2.3
Agreement between the City o[Port Angeles and ~I-\ ...f- 6r~
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INTERLOCAL JOINT PURCHASING AGREEMENT
THIS AGREEMENT is between the TOWN OF GRANGER, a political subdivision of the State of
Washington. and the City of Port Angeles. a political subdivision under the laws of the State of Washington.
WITNESSETH:
WHEREAS, the Interlocal Cooperation Act, as amended, and codIfied in Chapter 39.34 of the RevIsed Code of
Washington provIded for mterlocal cooperation between governmental agencIes, and
WHEREAS, Chapter 39.33 of the RevIsed Code ofWashmgton provIdes for mtergovernmental disposition of
property, and
WHEREAS, the parties desIre to utIlIze each other's procurement agreements when It IS in theIr mutual mterest; -
NOW, THEREFORE, the partIes agree as follows.
I. PURPOSE: The purpose of thIS agreement IS to acknowledge the partIes' mutual interest to Jomtly bid the acquisition
of goods and servIces where such mutual effort can be planned m advance and to authonze the acquisItion of goods
and servIces and the purchase or acquisitIOn of goods and services under contracts where a pnce IS extended by eIther
party's bIdder to other governmental agencIes.
2. ADMINISTRATION. No new or separate legal or admmistrative entity is created to administer the provisions ofthis
agreement.
3. SCOPE: This agreement shall allow the following activIties:
A. Purchase or acquisition of goods and services by each party actmg as agent for either or both
partIes when agreed to in advance, m writing.
B. Purchase or acquisition of goods and services by each party where provIsion has been provided m
contracts for other governmental agencies to avaIl themselves of goods and servIces offered under
the contract and lor where either party's bIdder IS willing to extend pnces to other governmental
agencIes.
4. DURATION AGREEMENT - TERMINATION: ThIS agreement shall remain in force untIl canceled by eIther party m
wntmg.
5. RIGHT TO CONTRACT INDEPENDENT ACTION PRESERVED: Each party reserves the nght to contract
mdependently for the acquiSItIon of goods or servIces wIthout notIce to the other party and shall not bind or otherwise
oblIgate the other party to particIpate m the actIVIty.
6. COMPLIANCE WITH LEGAL REOUIREMENTS: Each party accepts responsibility for compliance with federal,
state or local laws and regulatIOns mcludmg, m partIcular, blddmg requirements applicable to its acquiSItIOn of goods
and services.
7. FINANCING: The method offinancmg of payment shall be through budgeted funds or other avaIlable funds ofthe
party for whose use the property IS actually acquired or dIsposed. Each party accepts no responsIbility for the payment
of the acquisition pnce of any goods or servIces intended for use by the other party.
8. FILING: Executed copies ofthe agreement shall be filed as requIred by SectIOn 39.34.040 of the Revised Code of
Washmgton pnor to thIS agreement becoming effectIve.
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9. INTERLOCAL COOPERATION DISCLOSURE: Each party may insert m Its solicitatIOns for goods a provision
dlsclosmg that other authorized governmental agencies may also wish to procure the goods being offered to the party
and allowmg the bidder the optIOn of extendmg Its bid to other agencies at the same bid pnce, terms and conditIOns.
10. NON-DELEGA TION/NON-ASSIGNMENT: Neither party may delegate the performance of any contractual
obligatIOn, to a third party, unless mutually agreed m wnting. Neither party may assign this agreement Without the
wntten consent ofthe other party.
II. HOLD -HARMLESS: Each party shall be liable and responsible for the consequence of any negligent or wrongful act
or failure to act on the part of Itself and its employees. Neither party assumes responsibility to the other party for the
consequences of any act or omission of any person, firm or corporatIOn not a party to this agreement.
12. SEVERABILITY: Any provISIon of this agreement, which IS prohibited or unenforceable, shall be ineffective to the
extent of such prohibition or unenforceabllity, Without mvalidatmg the remaming provisions or affectmg the validity or
enforcement of such provisions.
APPROVED:
CITY OF PORT ANGELES
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City Manager Date
APPROVED AS TO FORM:
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City Attorney \ · Date
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APPROVED:
TOWN OF GRANGER
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Mayor Date
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Date