HomeMy WebLinkAbout5.388B Original Contract
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Filed at the Request of:
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City of Port Angeles
City Clerk's Office
P. O. Box 1150
Port Angeles, W A 98362
(])
2005 1164635
Clallam
County
Interlocal Agreement
City Clerk File No.:
S.3&6
Agreement between the City o[Port Angeles and ~~ ~m~ ~
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5. S<t g 13
INTERGOVERNMENTAL COOPERATION AGREEMENT
'THIS AGREEMENT is between Highline Community College and the
City 'of Port Angeles'.
WIT N E SSE T H:
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; and
WHEREAS, the parties also wish to utilize each other's
contracts where it is in their mutual interest;
NOW, THEREFORE, the parties agree as follows:
1. Purpose. The purpose of this agreement is to acknowledge
the parties mutual interest to jointly bid the acquisition of goods
and services and disposition of property where such mutual effort
can be planned in advance and to authorize the acquisition of goods
and services and the purchase or acquisition of goods and services
under contracts where a price is extended by either party's bidder
to other governmental agencies;
2. Administration.
tive entity is created
agreement.
No new or separate legal or administra-
to administer the provisions of this
3. Scone.
activities:
This agreement shall allow the following
A. Purchase or acquisition of goods and services by
each party acting as agent for either or both parties when agreed
to in advance, in writing;
B. Purchase or acquisition of goods and services by
each party where provision has been provided in contracts for other
agencies to avail themselves of goods and services offered under
the contract.
C. Disposal of goods by each party acting as agent for
either or both parties when agreed to in advance, in writing.
4. Duration of Aqreement - Termination. This agreement
shall remain in force until canceled by either party in writing.
5. Riqht to Contract Independent Action Preserved. Each
party reserves the right to contract independently for the
acquisition of goods or services and/or disposal of any property
without notice to the other party and shall not bind or otherwise
obligate the other party to participate in the activity.
6. Compiling With Legal Requirements. Each party accepts
responsibility for compliance with federal, state or local laws and
regulations, including, in particular, bidding requirements
applicable to its acquisition of goods and services or disposal of
property.
7. Financinq. The method of financing of payment shall be
through budgeted funds or other available funds of the party for
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whose use the property is actually acquired or disposed. Each
party accepts no responsibility for the payment of the acquisition
price of any goods or services intended for use by the other party.
8. Filinq. Executed copies of this agreement shall be filed
as required by Section 39.34.040 of the Revised Code of Washington.
9. Interlocal Cooperation Disclosure. Each party may insert
in its solicitation for goods a provision disclosing that other
authorized governmental agencies may also wish to procure the goods
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-Deleqation/Non-Assiqnment. 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.
11. Hold Harmless. Each party shall be liable and
responsible for the consequences 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 conse-
quences of any act or admission of any person, firm or corporation
not a party to this agreement.
12. Severability. Any provisions of this agreement which are
prohibited or unenforceable shall be ineffective to the extent of
such prohibi t ion or unenf orceabi lit Y , wi thou t inval ida t ing the
remaining provisions or affecting the validity or enforcement of
such provisions.
HIGHLINE COMMUNITY COLLEGE
P. O. Box 98000
Des Moines, WA 98198
CITY OF PORT ANGELES
321 East 5th Street
Port Angeles, WA 98362
8/28/95
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Dated: q - Iq - C1E)
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TitleDir. Centra'l pport Svcs.
Dated:
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Approved as to form:
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Craig D. nutson,
City Attorney
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