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AG 07-179 DATE IN: DATE OUT: {}(L,[/ CITY OF FEDERAL WAY LAW DEPARTMENT REQUEST FOR CONTRACT PREPARATION/DOCUMENT REVIEW/SIGNATURE ROUTING SLIP 1. ORIGINATING DEPT/DIY: t!-U13{t lc/ WOl,/'-iC5 2. ORIGINATING STAFF PERSON: (Ja1--(es- ~/ EXT: /l..>J!..) 3. DATEREQ.BY: 4. 5. 6. 7. 8. 9. 10. 11. TYPE OF DOCUMENT REQUESTED (CHECK ONE) o PROFESSIONAL SERVICE AGREEMENT o MAINTENANCE/LABOR AGREEMENT o PUBLIC WORKS CONTRACT o SMALL PUBLIC WORKS CONTRACT (LESS THAN $200,000) o PURCHASE AGREEMENT) (MATERIALS, SUPPLIES, EQUIPMENT) o REAL ESTATE DOCUMENT o SECURITY DOCUMENT (E.G. AGREEMENT & PERF/MAIN BOND; ASSIGNMENT OF FUNDS IN LIEU OF BOND) o CONTRACTOR SELECTION DOCUMENT (E.G, RFB, ~P, RFQ) o CONTRACT AMENDMENT o CgBG ~THER liV~~C.o-l AG#: 07/-/79 /l(/~<dJt /~~ Q~~&rl7 PROJECT NAME: tV cd Cl.p~nb'tr w NAME OF CONTRACTOR: (l/':-I 0 f Sla.1fI L-) .j)jpf 0 f tX~t^~+IVL AJrni n. . ADDRESS: TELEPHONE d.J.)& /(Pf1ij-Dt./4<f SIGNATURE NAME: . 0 o. . 0" TITLE PiA tthdSitlj Al/anajā‚¬'t P/..tycha.. 10..,aI- Confra...dc5Prvl({s ~ V,6/DI, ATTACH ALL EXHIBITS AND CIIECK BOXES 0 SCOPE OF SERVICES 0 ALL EXHIBITS REFERENCED IN DOCUMENT o INSURANCE CERTIFICATE 0 DOCUMENT AUTHORIZING SIGNATURE TERM: COMMENCEMENT DATE: ;J lit COMPLETION DATE: A) /11 TOTAL COMPENSATION $ . " ".. AI / IJ. (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHAkGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: 0 YES 0 NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED 0 YES 0 NO IF YES, $ PAID BY: 0 CONTRACTOR 0 CITY CO~CT REVIEW ~ROJECT MANAGER 'iJ/a7/o7 o-1">IRECTOR U/l1l!tJlttJ 8/30/07 ~~M~~~%7MBHr W'" C 1 T I.f ()F SE HTn~ CONTRACT SIGNATURE RpUTING rlAWDEPARTMENT q/fq/()/ s-'CITYMANAGER 4/<?-0/07 ~ITY CLERK Qlu,I01 IiYSJGN COPY BACK TO ORGIN ~SSIGNED AG# 0 - 17 ~TEAPPROVED INITIAL/DATE APPROVED MI\'B 8/2.'gI01ft~ V\l>-tt..f I . I<fCI[) ~ q/1/~7 INITIAL/DATE APPROVED o (~7 COMMENTS " ~ c..~ ~~--~ l:_~~,e.,t bile ./~~ L-V. 1f:.~ ..>7""- V?1/y IN .-W:>: . /'eJt ~~~~ '^oi1:.r . 3 ~~ 7. O(!VUNtIL : ~ q tYtcull_ ~ fYU..~i-bJkJ. -~ (1 'J ~ () ?: /2/lCV-L' .,~ . <<,-v/ lL C{)f--0jftL~ttj ~J"neJI -10 /4':3 Ce-, +D ~ reJord.acC: '111/ r;nvtVt~ r-<"CorMo! q,Jr'amuJ- 10 r!itd<... Ufrmf'~'~IPl A(j-.#:=(Y7 --r::HC- /79 After recording, return to: Federal Way City Attorney's Office 33325 8'h Ave S PO Box 9718 Federal Way, WA 98063-9718 1111111111111111 20071008000055 CITY OF FEOERA INTERLOCA 43.00 PAGE00t OF 004 t0/08/2007 08:'7 KING COUNTY, UA INTERLOCAL BIDDING/PURCHASING AGREEMENT BETWEEN CITY OF SEA TILE AND CITY OF FEDERAL WAY This Agreement, made and entered into this 20th day of August, 2007, by and between City of Seattle, State of Washington, a Washington municipal corporation (hereinafter referred to as "City of Seattle") and City of Federal Way, Washington, a municipal corporation (hereinafter referred to as "Federal Way" or "City"), (collectively "Parties"). WITNESSETH that: A. 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 equipment, goods and services within the limits of all appropriate bidding laws of the State of Washington and the individual jurisdictions, and B. The Inter/ocal Cooperation Act, as amended, and codified in Chapter 39.34 of the Revised Code of Washington provides for Inter/ocal cooperation between governmental agencies; and C. It has been determined by each of the Parties hereto that it would be in the best interests of the citizens of their respective jurisdictions 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 D. The Parties hereto desire and by this agreement enter into an Interlocal Cooperative BiddinglPurchasing 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. City of Seattle 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: Interlocal BiddingfPurchasing Agreement Page 2 I. Cooperative Purchases. 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 City of Seattle and the City. Once bidding has been finalized and the Parties have been notified, both 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. City of Seattle and the City 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. City of Seattle and the City accept no responsibility of the performance of any contracts by the contractor, and City of Seattle and the City accept no responsibility for payment of the purchase price for any contract entered into by the other party. This Agreement is offered to allow the City and City of Seattle the capability to purchase goods, services, and equipment designed specifically for their use and to take advantage of prices achieved by group participation. 2. No Obligation to Purchase. 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. The Parties reserve the right to exclude the other party from any particular purchasing contract with or without notice to the other party. 3. Term. This Agreement shall take effect immediately and shall continue in effect until terminated. It may be terminated by either party by giving ten (10) days written notice to the other; provided, however, that termination shall not affect or impair joint purchases of the Parties that are agreed to on or before the date of termination. 4. Compliance with Laws. 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. 5. Indemnification. Indemnification. City of Seattle agrees to indemnify, defend and hold the City, its elected officials, officers, employees, agents, and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and all attorney fees) to or by any and all persons or entities, Interlocal BiddinglPurchasing Agreement Page 3 including, without limitation, their respective agents, licensees, or representatives, arising from, resulting from, or connected with this Agreement to the extent caused by the negligent acts, errors or omissions of City of Seattle, its elected officials, commissioners, officers, employees, agents, and volunteers, or by City of Seattle's breach of this Agreement. City Indemnification. The City agrees to indemnify, defend and hold City of Seattle, its elected officials, commissioners, officers, employees, agents and volunteers harmless from any and all claims, demands, losses, actions and liabilities (including costs and attorney fees) to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City, its employees or agents. Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. 6. Contact Persons. The Parties stipulate that the following persons shall be the contact person for their respective jurisdiction. a. Ms. Nancy Locke. Purchasing Manager City of Seattle Department of Executive Administration Purchasing & Contract Services Division PO Box 94687 Seattle. W A 98124 (206) 684-0444 b. Purchasing Coordinator City of Federal Way 33325 8th Avenue S PO Box 9718 Federal Way, W A 98063-9718 (253) 835-2533/Fax: (253) 835-2509 7. Filing. A copy of this Agreement shall be filed with the City Clerk of the City of Federal Way, and recorded with the King County Recorder's Office and City of Seattle Auditor's Office. 8. General Provisions. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. This Agreement shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. Any provision of this Agreement which is declared invalid or illegal shall in no way affect or invalidate any other provision. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, each Party shall . . Interlocal Bidding/Purchasing Agreement Page 4 pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be in King County, Washington. Failure of the City to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. IN WITNESS WHEREOF the Parties have hereunto placed their hand and seals on the day and year indicated. CITY OF SEATTLE CITY OF FEDERAL WAY ~ ca~:J/^ ~ By: By: Purchasing Manager Department of Executive Administration Purchasing & Contract Services Division Assistant City Manager Chief Operating Officer Emergency Manager Date: Date: tJ 1.2<1/07 1)~11 ( ( Approved as to Form City of Seattle Approved as to Form City of Federal Way ~J>~ ~~ ---h-city Attorney, Patricia A. Richardson ATTEST: This ~ day of 30-,20cYr. ATTEST: This4 day of ,20 f)t. Feder Way City Clerk Laura Hathaway, CMC G:\Jawfonns\lNTERLCL.doc 08/04 K:\CONTRACTI2007\1nterlocal Purchasing Agreement SeanJe.doc