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HomeMy WebLinkAbout5.395C Original Contract ~s:rO/3 5, ~q5 C!- ORIGINAL INTERLOCAL COOPERATION AGREEMENT This agreement is between San Juan County ("County"), a political subdivision, and the City of Port Angeles ("City"), a non-charter, code municipal corporation 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 provides for interlocal cooperation between governmental agencies; and WHEREAS, Chapter 39.33 of the Revised Code of Washington provides for the intergovernmental disposition of property; and WHEREAS, both parties are required to make certain purchases by formal advertisement and bid process, which is a time consuming and expensive process; and it is in the public interest to cooperate in the combination of bidding requirements to obtain the most favorable bid for each party where it is in their mutual interest; ~'lJ- 1. Purpose. The purpose of this agreement is to provide for sharing in the acquisition of equipment, material, and services. NOW THEREFORE, the parties agree as follows: 2. Administration. No new or separate legal or administrative entity is created to administer the provisions of this agreement. This agreement shall be administered by the County Public Works Director and the City Manager of the City of Port Angeles. 3. Scope. The County, in contracting for the purchase of goods and services for itself, agrees to so contract also on behalf of the City, to the extent permitted by law and agreed upon between the parties. Likewise the City, in contracting for the purchase of goods and services for itself, agrees to so contract also on behalf of the County, to the extent permitted by law and agreed upon between the parties. 4. Duration of Agreement - Termination. This Agreement shall take effect immediately and shall continue in effect until December 31, 2003. It may be terminated earlier by either party by giving ten (10) days written notice to the other. PROVIDED, That termination shall not effect or impair joint purchases ofthe parties that are agreed to on or before the date of termination. .. ORIUW. INTERLOCAL JOINT PURCHASING AGREEMENT BETWEEN SAN JUAN COUNTY AND THE CITY OF PORT ANGELES PAGE 2 5. Right to Contract Independent Action Preserved. Each party shall have the right to contract independently for the purchase of any goods or services. Each party shall also have the right to exclude the other party from particular purchases, for any reason, whether with or without notice to the other party. PROVIDED, that nothing in the two preceding sentences shall impair existing or pending joint purchases of the parties. 6. Compliance with Legal Requirements. In making purchase contracts hereunder, the contracting party shall comply fully with the legal requirements applicable to its purchase. 7. Financing. Whenever either party desires to make purchases under a contract entered into by the other party, it shall timely provide the other party with all necessary descriptions, specifications, and other relevant information. The party whose purchases are included in contracts entered into by the other party shall likewise make timely payment therefor. 8. Filing. Executed copies of this agreement shall be filed as required by Section 39.34.040 of the Revised Code of Washington prior to this agreement becoming effective. 9. Interlocal Cooperation Disclosure. Each party may insert in its solicitations for equipment a provision that other authorized governmental agencies may also wish to procure the equipment being offered to the party and allowing the bidder the option of extending its bid to other agencies at the same bid price, terms and conditions. 10. Non-Delegation / Non-Assignment. Neither party may delegate the performance of any contractual obligation, to a third party, unless mutually agreed in writing. Neither party may assign this agreement without the written consent of the other party. Neither party shall be responsible to the other for the performance or non-performance of contracts by vendors. 11. Hold Harmless. Each party shall be liable and responsible for its own acquisitons. Neither party assumes responsibility to the other party for the consequences of any act or admission by 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 unenforceability, without invalidating the remaining provisions or affecting the validity or enforcement of such provisions. ; ; INTERLOCAL JOINT PURCHASING AGREEMENT 'BETWEEN SAN JUAN COUNTY AND THE CITY OF PORT ANGELES PAGE 3 ADOPTED this ~ day of ORIGINAL By Ja . -m~~ e - Deputy ~~J- , 1996. BOARD OF COUNTY COMMISSIONERS SAN JUAN COUNTY, WASHINGTON 6f;2~ ATTEST: Si A. Stephens, Auditor and Ex-officio Clerk of the Board Date: ~. .;lOI lCZC:;G, ~~ Thomas C. Starr, Member Ron Loewen, P.E. ~~ Director/County Engineer APPROVED AS TO FORM ONLY RANDALLK.GAYLORD San Juan County Prosecuting Attorney fJ~T~O}Y , 1996, for THE CITY OF PORT ANGELES: ~ ~~A' 11:pfT5A_ APPROVED AS TO FORM: ~.. -9 V7~ ,VV tf. CityAttorn- y . , " \