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AG 94-152 -~~ ., .. EDE'.RAL. . ~~ FlY LAW DEPARTMENT rsJt~ 4/~lfiy CONTRACT REVIEW/SIGNATURE ROUTING SLIP ~glnaffng Depamne~. ~ Originating Staff: Date Requested by: t/ d-,-C FOR REVIEW DATE APPROVED o Department Director o Purchasing (All contracts) f Legal (AU ~ntracts) ~/z,S' JI@;:! o Risk Management (All contracts) &;,:seJL 1;,pl /117 /).5 f FOR SIGNATURE tJ1l> s 11$ t(&V 5)~ e4tl.. '-f /7-5 I if Law Department ~ty Manager 119. City Clerk ~# 9c/-(,> L- ~ Copy back to originating department. WHTE . 0rQr>a1 ... wItt'I cont1acl, CN4ArN - lDw~' PIN!(. ~ !IIoIl S-<-'y ~ L0492 ~ 919:0 .. ..... :~.. . ' . l'- ~ N o ~ ~ c.D o ~ en c::l o o ....... '::;0:; 0... ..... 8 <.D "'" 0::: Q U l.l.J 0::: >- I- ::z: ::::I o U "-'" ::z: ..... :::.0:: :c <t: 8 "" ...., 0:;. C',) 1"'- .... C'U Cl I ~~1 'o.f:-.l c::~,) ..... (:1'-1 e - /16- 9lf -IS--< RECEIVED MAY 1 3 1994 FINANCE CITY OF FEDERAL WAY RECEIVED INTERLOCAL BIDDING/PURCHASING AGREEMENT MAY 2 5 1994 BETWEEN CITY OF TACOMA AND CITY OF FEDERAL WAYCITY FINANCE OF FEDERAL WAY This Agreement, made and entered into this ~4day of May, 1994, by and between city of Tacoma, Washington, a municipal corporation (hereinafter referred to as "Tacoma") and ci ty of Federal Way, Washington, a municipal corporation (hereinafter referred to as "city"), (collectively "parties"). After recording, return to: WITNESSETH that: 1. The parties maintain, for the benefit of the citizens of their respective jurisdictions, an organized and standard bidding structure charged with the function of securing within the limits of 'all appropriate bidding laws of the State of Washington and the individual jurisdictions, and 2. 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 3. It has been determined by each of the parties hereto that it would be in the best interests of the citizens of their services, if, in some circumstances, the purchase of public works equipment, goods and services, can be purchased through a bidding process made up of more than one jurisdiction in the State of Washington; and 4. 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. Tacoma and the City 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 NOW, THEREFORE, for and in consideration of the procedures contained herein performed and to be performed, the parties hereto agree as follows: ORIGINAL ,;' ..., ' ; '-"'t.,~ ['- ~ N o ~ .-4 c.D o ~ en e e Bidding/purchasing Agreement city of Tacoma and City of Federal Way Page 2 1. The parties hereto, pursuant to Chapters 35 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 work equipment as a result of competitive bidding and within the specifications established by and for Tacoma and the City. Once bidding has been finalized and parties have been notified, all 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. 2. Tacoma and the ci ty 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. 3. Tacoma and the City accept no responsibility of the performance of any contracts by the contractor, and Tacoma and the City accept no responsibility for payment of the purchase price for any contract entered into by the other party. 4. This Agreement is offered to allow the City and Tacoma the capability to purchase goods, services, and equipment designed specifically for their use and to take advantage of prices achieved by group participation. 5. Each party reserves the right to contract independently for the purchase of any particular class of goods or services with or without notice to the other party. 6. The parties reserve the right to exclude the other party from any particular purchasing contract with or without notice to the other party. 7. This Agreement may be amended at any time by the mutual written consent of the parties. 8. This Agreement shall take effect immediately and shall continue in effect until terminated. It may be terminated by either party by given ten (10) days written notice to the other. Provided, that termination shall not affect or impair joint purchases of the parties that are agreed to on or before the date of termination. . , . r. .... ~ ., ..... ['- ~ N o ~ .-4 c.D o ~ rJ) e e Bidding/purchasing Agreement City of Tacoma and City of Federal Way Page 3 9. 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. 10. 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. Each party shall be responsible for the consequences of any negligent or wrongful act or failure to act on the part of itself, its elected official, agents, volunteers and employees. Neither party assumes responsibility to the other party for the consequences of an act or admission of any person, firm or corporation not a party to this Agreement. 12. Any provision of this Agreement which is prohibited or unenforceable, shall be ineffective to the extent of such prohibi tion or unenforceabili ty, without invalidating the remaining provisions or affecting the validity of enforcement to such provisions. 13. The parties stipulate that the following persons shall be the contact person for their respective jurisdiction. a. City of Tacoma: Kristin Jensen, C.P.M. Purchasing Manager 3628 South 35th Street P. o. Box 11007 Tacoma, WA 98411-0007 (206) 502-8248/Fax: (206) 502-8372 b. City of Federal Way: Debbie Murphy Purchasing Coordinator 33530 1st Way S. Federal Way, WA 98003 (206) 661-4077/Fax: (206) 661-4075 14. A copy of this Agreement shall be filed with the Secretary of State, the City Clerk of the cities of Tacoma and Federal Way, and the County Auditor for the Counties of Pierce and King. ~.." ~/., ['- ~ N o ~ .... "' o ~ '" <.~~v, -" .. e e Bidding/purchasing Agreement city of Tacoma and city of Federal Way page .. IN WITNESS WHEREOF the parties have hereunto placed their hand and seals on the day and year indicated. CITY OF TACOMA, WASHINGTON CITY OF FEDERAL WAY, WASHINGTON BY: l~t\(f ~. 4( B1'f ~~ City Manager - BY: Date: Date: dt~ ~/7{9Y / Approved as to Form for City of Tacoma: ~~.~ Ass1stant C1ty Attorney Approved as to Form for City of Federal Way: tv/ -Yr14~ ~City Attorney, Carolyn A. Lake ATTEST: This ____ day of , 1994. ~/&( day of , 994. Tacoma City Clerk M. swaney~eC Way City jerk '-~ K:\INTERlCl\TACFW.PUR Rev. 4-29-94 . . ED~ ~~ ~ 33530 1ST WAY SOUTH (206) 661-4000 FEDERAL WAY, WA 98003-6210 June 23, 1994 Secretary of State Division of Archives & Records Management POBox 40238 Olympia WA 98504-0238 Re: Filing of Interlocal Bidding/Purchasing Agreement between City of Tacoma and City of Federal Way Dear Secretary of State: Pursuant to RCW 39.34.040, please find enclosed the above mentioned agreement for filing with the Secretary of State. If any additional information is needed, please contact me at (206)661-4077. Sincerely, Debbie MUrp~y~ Purchasing Coordinator Enclosure