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HomeMy WebLinkAboutJefferson County PUD #1 - Cooperative Purchasing J.C+lf+'FER +tlwN COUNTY PID 1-CITY OF PORT T WN1+1" '1! +COOPERATIVE PURCHASING AGREEM NT This Intergovernmental Cooperative Purchasing Agreement("Purchasing Agreement')is made by and between the undersigned City of Port Townsend and Jefferson County PUD#1,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 Purchasing Agreement is entered into pursuant to Chapter 39.34 RCW,the Interlocal Cooperation Act, and other provisions of law. (B)The purpose of this Agreement is to allow the Agencies to cooperatively purchase goods and services in the manner known as"piggy-backing." 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 affected 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. (7)Each Agency reserves the right to exclude the other Agency from any particular purchasing contract, with or without notice to such other Agency. 1 y �, (8)This Purchasing Agreement shall remain in force until terminated by either party,which may be done p _.. g p .- . ... party .. ..thin seven business without nor notice but which shall be m writing and provided to the other a w� days. (9)The provisions of this Agreement are severable.If a court of competent jurisdiction rules invalid or unenforceable any of the provisions hereof, such provisions shall be disregarded,but the remainder of this instrument shall nevertheless be given full force and effect. (10)Mutual Hold.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 indemnify as described above shall include the obligation of each Agency that is a party to this suit to process and defend at its own expense,including all costs,attorney fees and legal expenses, all claims, demands or suits at law or equity arising directly or indirectly from the alleged negligence or alleged contractual breach of the indemnifying Agency. 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 that have executed this contract, 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)No,fount and Several Lia 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. 2 JEFFERSON COUNTY PUD#I-CITY OF PORT TOWNSEND COOPERATIVE PURCHASING AGREEMENT(Signature sheet) APPROVED BY: CITY , PORT TO END JEFFERSON COUNTY PUD#1 David G.°Tin ons,City Manager am,s Parker, N.. Manager ATTEST: ATTEST: Ja4l�n q�4 Pam Kolacy,City Clerk Rita M. Leach, A&AMstrative. Assistant APPROVED AS TO FORM: APPROVED AS TO FORM: John Watts,City Attorney U:\cmenabb\AGREEMNMTERLOC\COOPERATIVE PURCHASING AGREEMENTPUD.doc 3