AG 07-179 - CITY OF SEATTLE, DEPT OF EXECUTIVE ADMIN
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.
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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
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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/anaj€'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
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CONTRACT SIGNATURE RpUTING
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s-'CITYMANAGER 4/<?-0/07
~ITY CLERK Qlu,I01
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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