AG 07-187 - SAN JUAN COUNTY & CITY OF FEDERAL WAY
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
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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'
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. 5~.:.:~~S't:4liiel:~ o[-t~e Council
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.. ~~~:~j.: i r,~~. ~
,:, 0..: (J titl~c1-1.'uttle, Clerk
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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