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AG 07-187 DATE IN: DATE OUT: Q;y 1rvt-t11\ ~ CITY OF FEDERAL WAY LAW DEPARTMENT REQUEST FOR CONTRACT PREPARATION/DOCUMENT REVIEW/SIGNATURE ROUTING SLIP 1. ORIGINATING DEPT./DIV: ~l.A. ~\ '- W.;)-\'\l ~ ORIGINATING STAFF PERSOR?Q t ~ 1--E-I TYPE OF DOCUMENT REQUESTED (CHECK ONE) o PROFESSIONAL SERVICE AGREEMENT o MAINTENANCE/LABOR AGREEMENT o PUBLIC WORKS CONTRACT o SMALL PUBLIC WORKS CONTRACT EXT:"2.1 'Z...., .. 3. DATE REQ. BY: 2. 4. o SECURITY DOCUMENT (E.G. AGREEMENT & PERF/MAIN BOND; ASSIGNMENT OF FUNDS IN LIEU OF BOND) o CONTRACTOR SELECTION DOCUMENT 5. (LESS THAN $200,000) o PURCHASE AGREEMENT) (MA TERlALS, SUPPLIES, EQUIPMENT) o REAL ESTATE DOCUMENT PROJECT NAME: \t\terloL.J '6\J.!\-\. 5o..~,,-\ lroA.""\ .A..... ""'" ..........'>.. \.\.:::::: NAME OF CONT1Th.CTOR: ADDRESS: SIGNATURE NAME: (E.G., RFB, RFP, RFQ) A2 /( o CONTRACT AMENDMENT AG#: U - 'g7 o CDBG ..>\ OTHER \/\te.rLoc:.-.L ~ ,~.l \".~ ) pWC\....a.~'...0 Atlr- 6. TELEPHONE TITLE 7. ATTACH ALL EXHIBITS AND CHECK BOXES 0 SCOPE OF SERVICES 0 ALL EXHIBITS REFERENCED IN DOCUMENT o INSURANCE CERTIFICATE 0 DOCUMENT AUTHORIZING SIGNATURE 8. TERM: COMMENCEMENT DATE: ,N / If- COMPLETION DATE: JJ / I+- 9. TOTAL COMPENSATION $ 1J III (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR tI-fARGE .. 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 10. CONTRACT REVIEW INITIAL/DATE APPROVED if'1 PROJECT MANAGER ..,li'l"DIRECTOR ~..... ~~f~fJo~n=NT ~~ (j SAN vl.MIN COl{AJit1 (L-Asr\ '-f71c.uJ..wl: q ~8j()1 12f(.'Icl.. : 101.),'-1/07 11. CONTRACT SIGNATURE 'ROUTINg INITIALIDA: E PROVED INITIALIDATE APPROVED ~ LAW DEPARTMENT q !Iq/IJ( ~' . l1tCITYMANAGEl} l1/tl>/07 ..... ~ ~~Q'1:-- 'fj(CITYCLERKC(/;"ft,/O'7 IO/~t../ ~ )l( SIGN COPY BACK TO JGINAn<<'ii"ZEPT. cRt . ;(11 . b( ASSIGNED AG# f) "7 - 18-7 o PBRCIIASING. PLEASE CHAltOE 'fO. (jJ TO 86 (( E LOR D t C> .$JJj~ tJD Fce COMMENTS ~~~~? "b----..A.\ 5. tu.W.L t 10. fre-l.J.. -'\;;: L"" <- ~ 1Ii.. {:i..,-r -"'~a- ~~ :J3 IL:' q .~ () ex ec~tt ~ 01<-/6/ NI1I-.S eI- ~ -hr ~ ~) a. ~ ::~ qgY~/~'J{?!!I!/;fj t'll/{fr!!eiPck'L ~:" ~~!<f-(or~ .,~" W-~J(\.I1:!J .to 16"!!J f!o.'(o.- ,.((orJ.t~ -fOnua,,(..t. recodJ..icL ("00..lMb,f jo'(!lLrl<.. Upun recup . After recording, return to: Federal Way City Attorney's Office 33325 8th Ave S PO Box 9718 Federal Way, WA 98063-9718 INTERLOCAL BIDDING/PURCHASING AGREEMENT BETWEEN SAN JUAN COUNTY AND CITY OF FEDERAL WAY SJC Agreement No. 07RD61 This Agreement, made and entered into this 15th day of August, 2007, by and between San Juan County, State of Washington, a Washington municipal corporation (hereinafter referred to as "San Juan County") 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 Interlocal Cooperation Act, as amended, and codified in Chapter 39.34 of the Revised Code of Washington provides for lnterlocal cooperation between governmental agencies; and C. It has been determined by each ofthe 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. San Juan County 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 ofthe procedures contained herein performed and to be performed, the Parties hereto agree as follows: Interlocal Bidding/Purchasing Agreement Page 2 1. 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 San Juan County 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. San Juan County 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. San Juan County and the City accept no responsibility of the performance of any contracts by the contractor, and San Juan County 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 San Juan County 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. San Juan County 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 San Juan County, its elected officials, commissioners, officers, employees, agents, and volunteers, or by San Juan County's breach ofthis Agreement. City Indemnification. The City agrees to indemnity, defend and hold San Juan County, 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. Procurement Specialist San Juan County Public Works 915 Spring Street PO Box 729 Friday Harbor, W A 98250 (360) 370-0500/Fax: (360) 378-6405 b. Purchasing Coordinator City of Federal Way 33325 8th Avenue S PO Box 9718 Federal Way, WA 98063-9718 (253) 835-2533/Fax: (253) 835-2509 7. Filing. A copy of this Agreement shall be filed with the City Clerk ofthe City of Federal Way, and recorded with the King County Recorder's Office and San Juan County Council 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 ofthe 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 pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement Interlocal BiddinglPurchasing Agreement Page 4 shall be in King County ifthe bid was issued by the City or in San Juan County if the bid was issued by San Juan County. Failure of the City or the County 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 ofthe 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. By: Date: This _ day of ,20_ "", v'j . eo' ,. ... _ D -', . 5~.:.:~~S't:4liiel:~ o[-t~e Council ; il.:,I.S~"~i:E'- ~o : : iJ 'I . . ~. ~ . o'~' , .. ~~~:~j.: i r,~~. ~ ,:, 0..: (J titl~c1-1.'uttle, Clerk .. -~ . . ". ~,..... .-. '..::'~. , ~::~: ;\",:,<;' .' ~ ... - . ' . 10 J II, )07 Date CITY OF FEDERAL WAY By: ~~ 1M ~ Cary M. Roe, P.E. Assistant City Manager Chief Operating Officer Emergency Manager t?j,Jt//07 Date: Approved as to Form City of Federal Way ~~~kJ -h:- City Attorney, Patricia A. Richardson ATTEST: This tf!f/!!:day of ,2007. al Way City Clerk Laura Hathaway, CMC Interlocal Bidding/Purchasing Agreement Page 5 SAN WAN COUNTY APPROVAL C,~~& r Public Works Director ~~ Pete Rose County Administrator Approved as to Form Only IiiJ.A II, AI -IJ. ./' ~ VULaUl Randall K. Gaylord Prosecuting Attorney 10(9(07 Date /0-/D-07 Date /() /1 IC7 I I Date K:\CONTRACT\2007\lnterlocal Purchasing Agreement San Juan County.doc SAN WAN COUNTY COUNCIL APPROV AL ~ Bob Myhr, Chair District 6, Lopez/Shaw ABSENT EXCUSED Kevin M. M. Ranker, Member ~n~_ Rich Peterson, Member District 2, San Juan North di::M~e~ District 4, Orcas WestlWaldron ~eue,~ Gene Knapp, Member District 5, Orcas East