HomeMy WebLinkAboutIL125 Interlocal Agreement Return to:
City of Oak Harbor
865 SE Barrington Drive
Oak Harbor,WA 98277
INTERLOCAL JOINT PURCHASING AGREEMENT
THIS AGREEMENT is between the City of Oak Harbor, a municipal corporation of the State of Washington, and
the City of Anacortes, a municipal corporation of the State of Washington.
WHEREAS,the Interlocal Cooperation Act,as codified in Chapter 39.34 of the Revised Code of Washington,
provides for interlocal cooperation between governmental agencies;and
WHEREAS,RCW 39.34.030 expressly addresses purchasing by public agencies; and
WHEREAS,the parties desire the ability to utilize each other's procurement agreements when consistent with the
needs of each party;
NOW,THEREFORE, the parties agree as follows:
1. PURPOSE. The purpose of this agreement is to set out the terms of the parties' mutual use of bids and
contracts for the acquisition of goods and services where such mutual effort can be planned in advance and
to authorize the purchase of goods and services under contracts by either party where a price is extended by
either party's bidder to other governmental agencies.
2. ADMINISTRATION. No new or separate legal or administrative entity is created to administer the
provisions of this Agreement.
3. SCOPE. This Agreement allows the following activities:
a. Purchase or acquisition of goods and services by each party acting as agent for either or both
parties when agreed in advance in writing;
b. Purchase or acquisition of goods and services by each party in contracts for such goods and
services in which it is provided that other governmental agencies may avail themselves of the
contract terms.
4. DURATION--TERMINATION. This Agreement shall become effective upon filing or alternative listing
in accordance with RCW 39.34.040, and shall continue in effect until cancelled in writing. Either party may
terminate this Agreement at any time by providing written notice to the other party at the following address:
For the City of Oak Harbor: For the City of Anacortes:
Purchasing Officer Finance Director
Public Works Department City of Anacortes
City of Oak Harbor P.O.Box 410
865 SE Barrington Drive Anacortes,WA 98221
Oak Harbor,WA 98277
Interlocal Joint Purchasing Agreement with the City of Anacortes 1/19/2011
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5. RIGHT TO CONTRACT—INDEPENDENT ACTION PRESERVED. Each party reserves the right to
contract independently for the acquisition of goods or services without notice to the other party and shall
not bind or otherwise obligate the other party to participate in any activity without prior express written
authorization.
6. COMPLIANCE WITH LEGAL REQUIREMENTS. Each party retains and accepts all responsibility for
compliance with federal, state and local laws and regulations,including,in particular,bidding requirements
applicable to its acquisition of goods and services.
7. FINANCING. The method of financing of payment shall be through budgeted funds or other available
funds of the party for whose use the property is actually acquired or disposed. No party accepts
responsibility fox the payment of the price for acquisition of any goods or services intended for the other
party.
S. INTERLOCAL COOPERATION DISCLOSURE. Each party may insert in its solicitations for goods or
services a provision disclosing that other authorized governmental agencies may also wish to procure the
goods or services being offered to the party and allowing the bidder the option of extending the bid to other
agencies at the same bid price,terms and conditions.
9. NON-DELEGATION/NON-ASSIGNMENT. Neither party may delegate the performance of any
contractual obligation arising under this Agreement to a third party unless mutually agreed in writing.
Neither party may assign this Agreement without the written consent of the other party.
10, HOLD-HARMLESS AGREEMENT. Each party shall be liable and responsible for the consequences of
any negligent or wrongful act or failure to act on the part of itself and its employees in the performance of
this Agreement. Neither party assumes any responsibility to the other party or to any third-party for the
consequences of any act or omission of any person,firm or corporation not a party to this Agreement
11. SEVERABILITY. Any provision of this Agreement which is prohibited by law or unenforceable shall be
ineffective to the extent of such prohibition or unenforceability without invalidating the remaining
provisions of this Agreement.
ENTERED this 21srday of JJ7">t ,2011.
CITY OF%, ' HARBOR CITY OF ANACORTES
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M ,or (Title) M 41 b I .,
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ATTEST
City Clerk
APPROVED AS TO FORM:R
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City Attorney
]nter]ocal Joint Purchasing Agreement with the City of Anacortes 1/19/2011
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