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AG 93-217 INTERLOCAL BIDDING AGREEMENT BETWEEN YARIMA COUNTY AND CITY OF FEDERAL WAY This agreement, made and entered into this // day of 44./i457.1993 Y b and between Yakima County, Washington, a muni al corporation (herinafter referred to as "County") and City of Federal Way, Washington, a municipal corporation (hereinafter referred to as "City") , (collectively "parties") . WITNESSETH that: 1. The County and City 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 desired 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 for equipment, goods and services of mutual need requirements, beginning with contracts for the year 1993 . 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. The County and 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 or is renewed, and NOW, THEREFORE, for and in consideration of the procedures contained herein performed and to be performed, the parties hereto agree as follows: 1. The parties hereto, pursuant to Chapter 36 bidding laws, Revised Code of Washington, and pursuant Chapter 39.34 of the Revised Code of Washingtondo 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 the County 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. ORIGINAL _ _ Bidding Agreement Yakima County and City of Federal Way Page 2 2. The County and 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. 3. The County and City accept no responsibility of the performance of any contracts by the contractor, and the County and 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 County 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. 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. 9. Neither party may delegate the performance of any contractual obligation to a third party unless mutually agreed in g P Y writing. Neither party may assign this Agreement without the written consent of the other party. 10. Each party shall be liable and 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. 11. Any provision of this Agreement which is prohibited or unenforceable, shall be ineffective to the extent of such prohibition or unenforceability, without invalidating the remaining provisions or affecting the validity of enforcement to such provisions. Bidding Agreement Yakima County and City of Federal Way Page 3 12. The parties stipulate that the following persons shall be the contact person for their respective jurisdiction. a. Yakima County: Gene Barlow. Purchasing Officer Name of Individual 128 North Second Street Address Yakima. Washington 98901 (509) 575-4131 Phone b. City of Federal Way: Debra Murphy. Purchasing Manager Name of Individual 33530 First Way South Address Federal Way. Washington 98003 (206) 661-4077 Phone 13. A copy of this Agreement shall be filed with the . Secretary of State, the City Clerk of the City of Federal Way, and the County Auditor for the Counties of Yakima and King. IN WITNESS WHEREOF the parties have hereunto placed their hand and seals on the day and year indicated. YAKIMA COUNTY, WA - NGTON CITY OF ED • irSHINGTON ,/ ._ ////_ . Aiild i AK 4 r Chairperson, Bo/ro County Comm. Brent Mc = 11, City M. •ger Charles J. Kla ich B ie Inghan, C issioner Ae K -� / .I' l'° im Lewis, C• .flii . -sioner X13, Date: Date: / Approved as to form for ppro d as to form for Yakima County: eder 1 ay: Dep. Prosecutingttorney City Attorney, Carolyn A. Lake Attes • Thi /-/ day of , 1993. 4 40 ,.,,I . / 1_/_ ,'..► . A.JLi.'>iI /- - - S . ;a E. Hinojosa, , Maureen Swaney, CI - of the Board City Clerk I:\LAMICATHLEERI .4i 1NT