HomeMy WebLinkAboutCity of Bainbridge - Interlocal Cooperative Purchasing Agreement CITY O�F1>01 I TOWNS ND-CYYY OFs'BAINL3LZ D °m..t OOPIiw AJ'I v E I>URCHASING
AGRE IEMFr. r
This Intergovernmental Cooperative purchasing Agreement("Purchasing Agreement") is made
by and between the undersigned - _ u1` llli �� and the City of Port
Townsend, a political subdivision of the State of Washington (collectively"Agencies"; individually
"Agency'').This Purchasing Agreement shall be effective immediately on signature of the parties.
Recitals
(A)This Pi4rchasing Agreement is entered into pursuant to Chapter 39.34 RCW, the Interlocal
Cooperation Act, and other provisions of law. K
(E) The purpose of this Agreement is to allow the Agencies to cooperatively purchase goods and services
in the manner known as"piggybacking.,'
To carry out the purposes of this Purchasing Agreement and in consideration of the mutual
benefits and conditions set forth below,the Agencies agree as follows;
(1)No new or separate legal or administrative entity is created to administer the provisions of this
Purchasing Agreement.Nothing in this Purchasing Agreement shall authorize or permit the parties to
jointly own any property,real or personal.
(2)To the extent permitted by law and agreed on by the Agencies, either Agency may insert in any
solicitation for goods and/or services a provision disclosing that other agencies may also desire to
procure the goods and/or services being offered to the soliciting agency and allowing the bidder the
option of extending its bid to other agencies at the same bid price,terms and conditions; however, failure
to include such a provision shall not preclude a cooperative purchase (piggy-back) under this Agreement.
(3) The Agency initiating a particular purchase(the "Lead Agency") will contract for the purchase of
goods and/or services according to the laws'and regulations governing purchases by and on behalf of the
Lead Agency.The other Agency accepts responsibility for compliance with additional or varying laws
and regulations, if any,governing purchases by and on behalf of such other Agency.
(4) Whenever the Lead Agency has contracted to purchase goods and/or services on its behalf and the
vendor or other party contracting to supply the goods or services has opted to extend its bid to other
agencies at the same price,terms and conditions, the other Agency may purchase goods and/or services
covered by the contract on the same terms and conditions as the Lead Agency. Such a purchase shall be
effected by a purchase order directed by the other Agency to the vendor or other party contracting to
furnish goods, services or both to the Lead Agency. The Lead Agency accepts no responsibility for the
performance of any purchasing contracts between the vendor and the other Agency.
(5) Each Agency accepts no responsibility for the payment for acquisition of any goods and/or services
intended for use by the other Agency,
(6) Each Agency reserves the right to contract independently for the purchase of any particular class of
goods and/or services with or without notice to the other Agency.
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(7) Each Agency
ency reserves the right to exclude the other Agency from any particular purchasing contract,
with or without notice to such other Agency.
(8)This Purchasing Agreement shall remain in force until terminated by either party, which may be done
without prior notice but which shall be in writing and provided to the other party within seven business
days.
(9)The provisions of this Agreement are severable. If a court of competent jurisdiction rules invalid or
unenforceable any of the provisions bereof, such provisions shall be disregarded, but the remainder of
this instrument shall nevertheless be given full force and efl'ect.
(1 Q) Mutual Uold Harmless: Each of the Agencies that is a party to this Cooperative Purchasing
Agreement does hereby individually agree and consent that it shall defend, protect, hold harmless and
indemnify(generically and collectively"indemnify")the other Agency(or the affiliates, employees,
representatives, agents,contractors or subcontractors of that other Agency) from and against all claims,
suits or actions arising from any allegedly negligent acts or omissions or any alleged contractual breach
by the indemnifying Agency or its affiliates, employees, representatives, agents, contractors or
subcontractors.
The duty to indemnity as described above shall include the obligation of each Agency to process
and defend at its own expense,all claims, demands or suits at law or equity, including all costs, attorney
fees and legal expenses, arising directly or indirectly from the alleged negligence or alleged contractual
breach of the indemnifying Agency,
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However, if the claims or suits are the result of a breach of contract by both Agencies that are
party to this contract or by the alleged concurrent negligent act or omission of both Agencies, then the
above-listed paragraphs of this mutual hold harmless and indemnification shall be valid and enforceable
against any ONE Agency only to the extent of the negligence or breach of contract by that,-one Agency's
affiliates,employees,representatives, agents,contractors or subcontractors,
(11) Aqjqint and Several IJ all)i1i The parties agree that in the event that both Agencies are
adjudged, found or determined by a court of competent jurisdiction to have been jointly negligent or
jointly liable for breach of contract AND if money damages are awarded to the injured or damaged party
or person as a result of said adjudication or determination, then each individual Agency shall be
responsible only for its proportionate share of the entire damage or monetary award as decided by the
jury or other fact-finder.
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CITY OF PORT TOWNSEND-CITY OF BAINBRIDGE COOPERATIVE PURCHASING
AGREEMENT(Signature sheet)
APPROVED BY: u
CITY OF PORT T® SEND CITY OF BAINBRIDGE
71r
col Masei , Mayor
Date Date
ATTEST; ATTEST:
� "
A
Pani Rolacy,City Clerk S. Kasper City Clerk
APPROVED AS TO FORM: APPROVED AS TO FORM:
"0
01
a N
John
Watts, City Attorney R Kasen .;/�;City Attorney
ry
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