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3918
TACOMA - CITY OF
Purchasing - Cooperative
City Clerk
LEG 12-1
05/04/1998
06/15/2010
Review date for tracking only
INTERLOCAL JOINT PURCHASING AGREEMENT
THIS AGREEMENT is between the CITY OF TACOMA, a political subdivision of the State of
Washington, and City of Bremerton, WA, a political subdivision of the State of Washington under the laws
of the State of Washington.
WlTNESSETH:
WHEREAS, the Interlocal Cooperation Act, as amended, and codified in Chapter 39.34 of the
Revised Code of Washington provided for inteHocal cooperation between governmental agencies; and
WHEREAS, Chapter 39.33 of the Revised Code of Washington provides for intergovernmental
disposition of property; and
WHEREAS, the parties desire to utilize each other's procurement agreements when it is in their
mutual interest; --
NOW, THEREFORE, the parties agree as follows:
1. PURPOSE: The purpose of this agreement is to acknowledge the parties' mutual interest to
jointly bid the acquisition of goods and services where such mutual effort can be planned in advance and
to authorize the acquisition of goods and services and the purchase or acquisition of goods and services
under contracts 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 shall allow the following activities:
A. Purchase or acquisition of goods and services by each party acting as agent for either or both
parties when agreed to in advance, in writing;
B. Purchase or acquisition of goods and services by each party where provision has been
provided in contracts for other governmental agencies to avail themselves of goods and
services offered under the contract and/or where either party's bidder is willing to extend
prices to other governmental agencies.
4. DURATION AGREEMENT - TERMINATION: This agreement shall remain in force until canceled
by either party in writing.
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 the activity.
6. COMPLIANCE WITH LEGAL REQUIREMENT: Each party accepts responsibility for compliance
with federal, state or 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. Each party
accepts no responsibility for the payment of the acquisition price of any goods or services intended for use
by the other party.
8. FILING: Executed copies of this agreement shall be filed as required by Section 39.34.040 of the
Revised Code of Washington prior to this agreement becoming effective.
9. INTERLOCAL COOPERATION DISCLOSURE: Each party may insert in its solicitations for
goods a provision disclosing that other authorized governmental agencies may also wish to procure the
goods being offered to the par'b/and allowing the bidder the option cf extending its bid to other agencies at
the same bid price, terms and conditions.
10. NON-DELEGATION/NON-ASSIGNMENT: Neither party may delegate the performance of any
contractual obligation, to a third party, unless mutually agreed in writing. Neither party may assign this
agreement without the wdtten consent of the other party.
11. HOLD-HARMLESS: Each party shall be liable and responsible for the consequence of any
negligent or wrongful act or failure to act on the part of itself and its employees. Neither party assumes
responsibility to the other party for the consequences of any act or omission of any person, firm or
corporation not a party to this agreement.
12. SEVERABILITY: Any provision of this agreement, which is prohibited or unenforceable, shall be
ineffective to the extent of such prohibition or unenforceability, without invalidating the remaining
provisions or affecting the validity or enforcement of such provisions.
Agency Name ~'~[-y Manager '' -' Date
~ ¢ ;~,L_L I/'~O~lq7 APPROVED AS TO FORM:
Sigr~ure Date
Title Assistant City Attorney Date
Si~'n~'e (if needed) - Date ~' Da'{e
"~: ; '~ City Clerk Date
'' ' ~ r ,.' Tacoma City Council Resolution No.