AG 95-166 - FWSD, LAKEHAVEN, KCFPD 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