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AG 95-166 After recording, return to: Federal Way City Attorney's Office 33530 1st Way S. Federal Way, WA 98003 INTERLOCAL BIDDING/PURCHASING AGREEMENT BETWEEN FEDERAL WAY SCHOOL DISTRICT, LAKEHAVEN UTILITY DISTRICT, KING COUNTY FIRE PROTECTION DISTRICT//39, AND CITY OF FEDERAL WAY This Agreement, made and entered into this 1ST day of JUNE, 1995, by and between Federal Way School District, State of Washington, a Washington school district, (hereinafter referred to as "FWSD") Lakehaven Utility District, State of Washington, a Washington public utility district, (hereinafter referred to as "Lakehaven"), King County Fire Protection District #39, State of Washington, a Washington fire district, (hereinafter referred to as "KCFPD//39) and City of Federal Way, State of Washington, a municipal corporation (hereinafter referred to as "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 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 interlocal 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 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 D. The parties hereto desire 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/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. FWSD, Lakehaven, KCFPD//39, 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 ORIGINAL Bidding/Purchasing Agreement Federal Way School District, Lakehaven Utility District, King County Fire Protection District #39, and City of Federal Way Page 2 NOW, THEREFORE, for and in consideration of the procedures contained herein performed and to be performed, the parties hereto agree as follows: 1. Cooperative Pnrehaae~ The parties hereto, pursuant to Chapters 28A, 35, 39, AND 56 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 FWSD, Lakehaven, KCFPD#39, 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. The parties 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. The parties accept no responsibility for the performance of any contracts by the contractor, and the parties 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 parties 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 lh~reha~e, 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 any of the parties 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 l.aw~. Each party accepts responsibility for compliance with federal, state, or local laws and regulations including, in particular, that party's bidding Bidding/Purchasing Agreement Federal Way School District, Lakehaven Utility District, King County Fire Protection District #39, and City of Federal Way Page 3 requirements applicable to the acquisition of any goods, services, or equipment obtained through the cooperative process agreed to herein. 5. Mnnml Indemnification. The parties agree to indemnify and hold each other, their 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, 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 each party, their elected officials, commissioners, officers, employees, agents, and volunteers, or by its breach of this Agreement. 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 Pe.r~ona. The parties stipulate that the following persons shall be the contact person for their respective jurisdiction. a. Federal Way School District: Robert Link ~ Procurement Director ~-~ 31405 18th Ave. So. ,~ Federal Way, WA 98003 ~ 206-839-3735 ~ FAX: 206-946-3193 ~ b. Lakehaven Utility District: Roger Brown General Manager 31627 1st Ave. South Federal Way, WA 98063 206-941-1516 FAX: 206-839-9310 Bidding/Purchasing Agreement Federal Way School District, Lakehaven Utility District, King County Fire Protection District #39, and City of Federal Way Page 4 c. King County Fire Protection District #39: Rick Nedrow Chief of Support Services 31617 First Avenue South Federal Way, WA 98003 206-946-7250 FAX: 206-878-1551 d.. City of Federal Way: Debbie Murphy Purchasing Coordinator 33530 1st Way S. Federal Way, WA 98003 (206) 661-4077/Fax: (206) 661-4075 7. Filing A copy of this Agreement shall be filed with the Secretary of State, the City Clerk of the City of Federal Way, and the Department of Procurement Services, for FWSD, and Roger Brown, General Manager, for Lakehaven, and Jim Hamilton, Administrator, for KCFPD#39, and recorded with the County Auditor for the County of King. 8. ' ' . 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 pay all its own attorneys' fees, costs and expenses. The venue for any dispute related to this Agreement shall be King County, Washington. Failure of the parties 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. Bidding/Purchasing Agreement Federal Way School District, Lakehaven Utility District, King County Fire Protection District //39, and City of Federal Way Page 5 IN WITNESS WHEREOF the parties have hereunto placed their hand and seals on the day and year indicated. FEDERAL WAY SCHOOL DISTRICT CITY OF FEDERAL WAY BY: B Tho'~ J/~an-d~Xrk C~iy ~ana~e~ Superintendent Date: ~/o~c~/~/g Date: ~/c~/?$ LAKEHAVEN UTILITY DISTRICT KING COUNTY FIRE PROTECTION DISTRICT//39 Roge/Brown /~m-~t°n General Manager ~/ Administrator Date: ~/02~ h~ Date: ~./~.~/~ ATTEST: This ay of Approved as to Form ~ for City of Federal Way , 197 ? ~ City Attorney, Londi K. Lindell N. Christine Green, CMC Federal Way City Clerk K:\INTERLCL\FORM