HomeMy WebLinkAboutJefferson County Public Works - Interlocal Cooperative Purchasing INTERLOCAL COOPERATIVE PURCHASING AGREEMENT
This agreement is made and entered into this S' day of moi' , 2007 ikeeen
the City of Port Townsend ("Port Townsend") and the J rks
Department. Pursuant to 39.34, the Interlocal Cooperation Act, the parties agree to a
cooperative purchasing agreement to cover(a) the purchase of various supplies, materials,
equipment and services, using each other's competitively awarded contracts (b) using
Port Townsend's Shared Small Works Roster for a list of eligible public work
contractors; or (c) participating in Port Townsend's Shared Architects and Engineering
Roster. Each of these three is available at the choice and option of the participating
agency. Such use is not mandatory, and no implication of mandatory use is intended
through signing of this agreement, but instead this agreement is to permit the sharing of
such services upon occasion and at such time as benefits the participating agencies. The
parties agree to the following:
A. Supplies, materials, equipment and services
I. Each of the parties from time to time goes out to public bid and contracts to purchase
supplies, material, equipment, and services. Each of the parties hereby agrees to
extend to the other party the right to purchase pursuant to such bids and contracts to
the extent permitted by law, and to the extent agreed upon between each party and the
bidder, contractor, vendor, supplier, or service provider.
2. Each agency is independently responsible for compliance with all applicable laws and
regulations governing its own purchases.
3. The originating contracting agency does not accept responsibility or liability for the
performance of any vendor used by the purchasing agency as a result of this
Agreement.
4. Each of the parties shall contract directly with the bidder, contractor, vendor supplier,
or service provider, and pay directly in accordance with its own payment procedures
for its own purchases. Each party will indemnify and hold the other party harmless as
to any claim arising out of its participation in this Agreement.
5. Any purchase made pursuant to this Agreement is not a purchase from either of the
parties. This Agreement shall create no obligation to either of the parties to purchase
any particular good or service, nor create to either of the parties any assurance,
warranty, or other obligation from the other party with respect to purchasing or
supplying any good or service.
6. No separate legal or administrative entity is intended to be created pursuant to this
Agreement. No obligation, except as stated herein, shall be created between the
parties or between the parties and any applicable bidder or contractor.
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13. Shared Small Works Roster
7. The City of Port Townsend is the lead agency.
8. The joining agency shall express an intent to the City of Port Townsend, to utilize the
Shared Small Works Roster. Such expressed intent does not impose a mandatory or
continuous use of the Roster, but simply establishes the eligibility to use the Roster
upon the convenience and interest of the joining agency. This interest may be
expressed to Port Townsend at any time.
9. The joining agency may use the Shared Small Works Roster that has been established
and maintained by the City of Port Townsend, to select contractors for public work
jobs up to $200,000 in value or as otherwise limited by ordinance or law. The Shared
Small Works Roster has been established for shared use by the City of Port Townsend
and other public agencies.
10. The City of Port Townsend and the joining agency named herein shall each be
independently responsible for their own and the contractor's compliance with all
additional or varying laws and regulations governing purchases, including all
selection laws, retainage and bonds, prevailing wages, and any other requirements
appropriate.
11. The City of Port Townsend shall advertise the Roster annually on behalf of both
parties, shall receive and review contractor applications, maintain the list of
contractors, and make that list and the applications available to the joining agency.
The joining agency shall be independently responsible to determine that the selected
contractors are responsible contractors according to the decision and opinion or the
joining agency. The City of Port Townsend shall make a preliminary determination
of responsible contractors to include on the rosters, but the joining agency shall make
its own determination of contractor responsibility in whatever manner that the joining
agency feels is appropriate and consistent with applicable laws.
12. The City of Port 'Townsend and the joining agency shall each be independently
responsible to conduct a quotation or bid process consistent with any ordinance, laws
or requirements of their agency.
13. The City of Port Townsend and the joining agency shall each be independently
responsible for issuing a contract and/or purchase order directly to the awarded
contractor{s).
14. The City of Port Townsend does not accept responsibility or liability for the
performance of any contractor used by the joining agency as a result of this
Agreement.
15. Each agency shall be independently responsible for any payments directly to any
contractor that is employed as a result of this Agreement.
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16. The joining agency hereby agrees to indemnify and hold harmless the City of Port
Townsend, its officers, employees and agents from any and all claims, actions, costs,
damages and expenses of any nature arising out of or in conjunction with.any act
authorized by this agreement.
C. & g
Shared Architects„ Engineers Roster, „•..,,•••,,,,,,•,.,__.
17. The City of fort Townsend is the lead agency.
18. The joining agency shall express intent in using the Shared A&E Roster. Such intent
does not impose a mandatory or continuous use of the Roster, but simply establishes
the eligibility to use the Roster upon the convenience and interest of the joining
agency. This interest may be expressed to Port Townsend at any time.
19. The joining agency may use the Shared Architects & Engineers Roster that has been
established and maintained by the City of Port Townsend, to select Architectural and
Engineering firms for interviews and contracts in accord with all applicable laws and
regulations governing its own purchases. The Shared Architects and Engineers
Roster has been established for shared use by the City of Port Townsend and other
public agencies.
20. The City of Port Townsend and the joining agency named herein �h4V-cath,%e'
independently responsible for their own and the firm's compliance with all additional
or varying laws and regulations governing services, including all selectidn laws and
any other requirements as appropriate.
21. The City of Port Townsend shall advertise the Roster annually on behalf of both
parties, shall receive and review firm's applications, maintain the list of Architects
and Engineers, and make that list, the applications, and the qualifications available to
the joining agency. The joining agency shall be independently responsible to
determine that the selected firms are responsible according to the decision and
opinion of the joining agency. The City of Port Townsend shall make a preliminary
determination of responsible contractors to include on the rosters, but the joining
agency shall make it's own determination of contractor responsibility in whatever
manner that the joining agency feels is appropriate and consistent with applicable
laws.
22. The City of Port Townsend and the joining agency shall each be independently
responsible to conduct a selection process consistent with any ordinance, laws or
requirements of their agency.
23. The City of Port Townsend and the joining agency shall each be independently
responsible for issuing a contract and/or purchase order directly to the awarded
Architectural or Engineering firm.
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24. The City of Port Townsend does not accept responsibility or liability for the
performance of any Architect or Engineering firm used by the joining agency as a
result of this Agreement.
25. Each agency shall be independently responsible for any payments directly to the firm
that is employed as a result of this Agreement.
26. The joining agency hereby agrees to indemnify and hold harmless the City of Port
Townsend, its officers, employees and agents from any and all claims, actions, costs,
damages and expenses of any nature arising out of or in conjunction with any act
authorized by this agreement.
This Agreement shall continue in force until canceled by either party, which
cancellation may be effected upon receipt by one of the parties of the written notice
of cancellation of the other party.
Accepted for Jefferson County Public Accepted for the City of P Townsend:
Works Department:
``�O�J
Frank Giffor David Timmons
Public Work Director City Manager
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Date Dale
Approved as to form only:
Jefferson Co. Prosecut 's Office
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