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HomeMy WebLinkAbout5.677 Original Contract S.u?? .. .. ORIGINAL INTERLOCAL JOINT PURCHASING AGREEMENT THIS AGREEMENT IS between the City of Flrcrest, 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 CooperatJOn Act, as amended, and codifIed 111 Chapter 39 34 ofthe RevIsed Code of Washmgton provided for 1I1terlocal cooperatJOn between governmental agencIes, and WHEREAS, Chapter 3933 of the RevIsed Code ofWash1l1gton provIdes for ll1tergovernmental diSposltJOn of property, and WHEREAS, the partIes desIre to utIlize each other's procurement agreements when It IS 111 theIr mutualmterest,- NOW, THEREFORE, the parties agIee as follows PURPOSE The purpose of thIs agreement IS to acknowledge the partIes' mutualmterest to jomtly bId the acqulSltJOn of goods and servIces where such mutual effort can be planned 111 advance and to authonze the acqulSltJOn of goods and servIces and the purchase or acqulSltJOn 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 admmlstratIve entIty IS created to admil11ster the provisJOns of thIs agreement 3 SCOPE ThIS agreement shall allow the follow1l1g activitIes A Purchase or acqulSltJOn of goods and services by each party actmg as agent for eIther or both partIes when agreed to 111 advance, m wntmg B Purchase or acqUlsitJOn 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 willmg to extend pnces to other governmental agencies 4 DURATION AGREEMENT - TERMINATION' ThIS agreement shall rema1l1 111 force untIl canceled by eIther party 111 writll1g 5 RIGHT TO CONTRACT INDEPEI\TDENT ACTION PRESERVED, Each party reserves the nght to contract mdependently for the acqulSltJOn of goods or services WIthout notIce to the other party and shall not bmd or othelWise obligate the other party to partIcIpate m the actIVIty 6 COMPLIANCE WITH LEGAL REOUIREMENTS Each party accepts responsibIlity for compliance WIth fedeial, state or local laws and legulatJOns 1I1clud1l1g, 111 partIcular, blddmg reqUIrements applicable to ItS acqulS1tlOn of goods and services 7 FINANCING The method offinancll1g of payment shall be through budgeted funds or other avaIlable funds of the party for whose use the property IS actually acqUIred or disposed Each party accepts no responsibIlity for the payment of the acqUlsltJOn pnce of any goods or servIces mtended for use by the other party 8 FILING Executed copIes of the agI'eement shall be filed as reqUIred by SectJOn 39 34 040 of the ReVIsed Code of Washmgton pnor to thIS agI'eement becomll1g effectIve :' , 9 INTERLOCAL COOPERATION DISCLOSURE Each party may msert 111 Its solicitatIOns for goods a provIsIOn dlsclosmg that other authonzed govemmental agencies may also wish to procure the goods bemg offered to the party and allowmg the bidder the option of extendmg ItS bid to other agenc1es at the same b1d pnce, terms and conditions 10, NON-DELEGA TIONINON-ASSIGNMENT' Ne1ther party may delegate the performance of any contractual obligatIOn, to a third party, unless mutually agreed m wntmg Neither party may assign th1S agreement w1thout the wntten consent of the 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 resp011S1bllity to the other party for the consequences of any act or omiSSIOn of any person, fim1 or corporatIOn not a party to th1S agreement. 12 SEVERABILITY Any provIsIOn of this agreement, which 1S prohibited or unenforceable, shall be meffectIVe to the extent of such prohlbJtlOll or unenforceabll1ty, Without mval1datmg the remal11mg provlSlons or affectmg the val1d1ty or enforcement of such prov1slOns APPROVED APPROVED CITY OF PORT ANGELES CITY OF FIRCREST r ~ -. /' .#42 . -~~ ,,, C1ty Manag~ s/tfGy Date .1i;~ 15':';/"" APPROVED AS TO FORM APPROVED AS TO FORM i~~Dtl#/ ~ l~ ~ 6-f-OY C1ty Attomey Date -1-04 q,-c,fl.. 'Ios,mbf,p- M1/1I{ C1ty ClerkJT1'[,.l~"U~' Date ," N \CCQUNCIL\FINAL\Clty of Flrcrest Interlocal Agreement wpd