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Home My WebLink About4665 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 4665 LAKEWOOD - CITY OF Purchasing - Cooperative PW Ops LEG 12-1 10/24/2007 06/15/2011 Use of Systems for Public Safety Contract Review date for tracking only CITY OF LAKEWOOD - CITY OF BREMERTON INTERLOCAL AGREEMENT FOR USE OF SYSTEMS FOR PUBLIC SAFETY CONTRACT FOR SERVICES THIS INTERLOCAL AGREEMENT made and entered into, pursuant to the Interlocal COiloation Act, Chapter 39.34 of the Revised Code of Washington, on the Zlf day of () /J~, 2007, by and between the CITY OF LAKEWOOD, a municipal corporation of the State of Washington (hereinafter referred to as the "City"), and the City of Bremerton, a municipal corporation of the State of Washington (hereinafter referred to as the" Bremerton"), WITNESSETH: WHEREAS, Revised Code of Washington Section 39.34.030 authorizes cooperative purchasing between public agencies; and WHEREAS, the City and Bremerton have agreed to enter into an intergovernmental cooperative purchasing agreement through the City's contract with Systems for Public Safety for installation of emergency vehicle equipment and make minor electrical and mechanical repairs as needed for the maintenance of the emergency equipment; and NOW THEREFORE in consideration of their mutual covenants, conditions and promises, THE PARTIES HERETO DO HEREBY AGREE as follows: 1. The City extends to Bremerton the opportunity to utilize the terms of its agreement with Systems for Public Safety for services within the scope of services previously entered in to by the City and the Contractor. 2. Each party agrees to comply with all of the applicable laws and regulations governing its own purchases of service including bidding processes; 3. Any purchase for services made pursuant to this Agreement is not a purchase from either of the parties. The Agreement shall create no obligation to either of the parties to purchase emergency vehicle equipment installation or electrical repair services or any assurances, warranty or guarantee ofthe services provided by the Contractor. 4. No separate legal or administrative entity is intended to be created pursuant to this agreement. 5. INDEMNIFICATION A. Bremerton shall indemnify and hold the City and its agents, employees, and/or officers, harmless from and shall process and defend at its own expense any and all claims, demands, suits, at law or equity, actions, penalties, losses, damages, Page 1 I nterlocal Agreement Between the City of Lakewood and the City of Bremerton or costs, of whatsoever kind or nature, brought against the City arising out of, in connection with, or incident to the execution of this Agreement and/or the City of Bremerton's performance or failure to perform any aspect of this Agreement; provided, however, that if such claims are caused by or result from the concurrent negligence of the City, its agents, employees, and/or officers, this indemnity provision shall be valid and enforceable only to the extent of the negligence of Bremerton; and provided further, that nothing herein shall require Bremerton to hold harmless or defend the City, its agents, employees and/or officers from any claims arising from the sole negligence of the City, its agents, employees, and/or officers. No liability shall attach to the City by reason of entering into this Agreement except as expressly provided herein. B. The City shall indemnify and hold Bremerton and its agents, employees, and/or officers, harmless from and shall process and defend at its own expense any and all claims, demands, suits, at law or equity, actions, penalties, losses, damages, or costs, of whatsoever kind or nature, brought against Bremerton arising out of, in connection with, or incident to the execution of this Agreement and/or the City's performance or failure to perform any aspect of this Agreement; provided, however, that if such claims are caused by or result from the concurrent negligence of the City of Bremerton, its agents, employees, and/or officers, this indemnity provision shall be valid and enforceable only to the extent of the negligence of the City; and provided further, that nothing herein shall require the City to hold harmless or defend Bremerton, its agents, employees and/or officers from any claims arising from the sole negligence of the City of Bremerton, its agents, employees, and/or officers. No liability shall attach to Bremerton by reason of entering into this Agreement except as expressly provided herein. 6. COMPLIANCE WITH REGULATIONS AND LAWS The parties shall comply with all applicable rules and regulations pertaining to them in connection with the matters covered herein. 7. ASSIGNMENT The parties shall not assign this Agreement or any interest, obligation or duty therein without the express written consent ofthe other party. 8. ATTORNEYS' FEES In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. Page 2 Interlocal Agreement Between the City of Lakewood and the City of Bremerton 9. NOTICES All notices and payments hereunder may be delivered or mailed. If mailed, they shall be sent to the following respective addresses: To the City: City of Lakewood 6000 Main Street SW Lakewood, W A 98499-5027 Attn: City Manager Phone:(253) 589-2489 To Bremerton: City of Bremerton 345 6th Street, Suite 600 Bremerton, WA 98337 Attn: City Clerk Phone: (360) 473-5290 or to such other respective addresses as either party hereto may hereafter from time to time designate in writing. All notices and payments mailed by regular post (including first class) shall be deemed to have been given on the second business day following the date of mailing, if properly mailed and addressed. Notices and payments sent by certified or registered mail shall be deemed to have been given on the day next following the date of mailing, if properly mailed and addressed. For all types of mail, the postmark affixed by the United States Postal Service shall be conclusive evidence of the date of mailing. 10. This document shall be filed with the County Auditor pursuant to RCW 39.34. 11. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. 12. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Pierce County Superior Court. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. eiditz, City Manager L 0 J) /\v I u) I By: ary Boz~e ar;, Mayor Date: /0 ---Y.a 1 I Alice Bush, MMC, City Clerk /0 _ U -0 7 Page 3 Interlocal Agreement Between the City of Lakewood and the City of Bremerton s to form: ~~~ ger A. UbOVICh, City Attorney /1 Idi Ann Wachter, City Attorney STATE OF WASHINGTON ) (.~ . ) ss. COUNTY OF~rA11J (lJ ) ON THIS day of ~.i::JJ.lHAJ, 2007, before me, personally appear d and - , to me known to be the and - of Ct ~ ~ (;3J~Lf""f A1'Li being one of the mu 1 I corporations that executed the within and re mg mstrument, and they acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument, and the seat of said municipal corporation is affixed hereon. WITNESS my hand and official seal hereto the day and year in this certificate first above written. 111\111111/111 ,,"'~ "I' L L /"/"'" ",X'~ . · e I · . . l:A .", ...'. . #~~ '" · "r; $ (). ....\ 0 TAll ....L':;. ~ .1 \.'"" .qy.-:. ~ . 0 -: E : MAY 15 2010: ~ :.cn' ' :: ':. ~. . ~~ -;'~7;'. PUBLIC /~O! ~L\.. 80' ...", '. . __'''l " ';, 0 '" · · 'u\~", "'",1:" WAS ~ ~\\\" "'1111111111\1 CU-A.~' 9;~-VnA u_ Notary P -l~ a d for the State Il'fWashington, Residing at ..l ~ A1-~ My commission expires ..s: / $"- J() Page 4 InterJocal Agreement Between the City of Lakewood and the City of Bremerton STATE OF WASHINGTON) ) ss. COUNTY OF ~l&ee6 ) ON THIS tJcd-ob-i.Y , 2007, before me, personally appeared 'and , to me known to be the ~ 1YlAYI~fA/and of-&- (it-vI 0.+ 1..A.~~d.. being one of the mun{~al corpor ions that executed the within and foregoing instrument, and they acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument, and the seat of said municipal corporation is affixed hereon. ~"If"~ WITNESS my hillCl 0 ~l seal hereto the day and year in this certificate first above written. \': \.tJ . '/1', ",~ ",'''U'I, v.ft~.... "_~ 1:";", U,;. __ ~ ",- ........A " "., ~ ~''e ~:'::.:. : : NOTARy:. : : : -._+- E : ; ~\ PUBL\C/~ g ,.. ~ ....;),.. ,,~ " L"J ... -:. ~.,~ '1,-".20 - \\\ r~ , .....,'~ "'"..rl"u~Ttt.;;I ,,' "" OF W~~\\' \\ '" ~ \,,\ """"1111 otary Public in and for the State of Washington, Residing at .p IcfeE CD. My commission expires 'I - Zo -ZtJ I 0 R:\Legal\Legal\Contracts\PUBLIC WORKS\Interlocal Agreement with City of Lakewood.doc Page 5 [nterlocal Agreement Between the City of Lakewood and the City of Bremerton