AG 94-152 - CITY OF TACOMA
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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)
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FOR SIGNATURE
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if Law Department
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119. City Clerk ~# 9c/-(,> L-
~ Copy back to originating department.
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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
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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.
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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.
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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:
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City Manager
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BY:
Date:
Date:
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Approved as to Form for
City of Tacoma:
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Ass1stant C1ty Attorney
Approved as to Form for
City of Federal Way:
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~City Attorney, Carolyn A. Lake
ATTEST: This ____ day of
, 1994.
~/&( day of
, 994.
Tacoma City Clerk
M. swaney~eC
Way City jerk
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K:\INTERlCl\TACFW.PUR
Rev. 4-29-94
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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