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HomeMy WebLinkAboutWalla Walla Interlocal Procurement Agreement • WHEN RECORDED RETURN TO: CITY OF PASCO,WASHINGTON Fire Department 525 North 3ra Pasco WA 99301 INTERLOCAL PROCUREMENT AGREEMENT BETWEEN THE CITY OF PASCO AND CITY OF WALLA WALLA FOR JOINT PURCHASING 1 IS AGREEMENT is made and entered into this day of , 2012, between the City of Walla Walla, Washington, hereinafter refe ed to as "Walla Walla", and the City of Pasco, hereinafter referred to as "Pasco", pursuant to RCW 39.34.030(5), and based upon the mutual consideration provided herein, hereby agree to cooperative governmental purchasing upon the following terms and conditions. 1. This Agreement pertains to bids and contracts for supplies, materials, equipment or services that may be required from time to time by both Pasco and Walla Walla. 2. Each of the parties from time to time goes out to public bid and contracts to purchase supplies, materials, 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. 3. Each of the parties shall comply with all applicable laws and regulation governing its own purchases. • 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 shall indemnify and hold the other party harmless as to any claims 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, Interlocal Procurement Agreement Between City of Pasco/City of Walla Walla-I ti ' 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 special fund or budgets are anticipated, nor shall be created as a result of this Agreement. Each party will use its own personnel, supplies, and equipment for their respective performances under the terms of this Agreement, which shall remain the sole property and responsibility of each respective party. A copy of this Agreement shall be filed with the Franklin or Walla Walla County Auditor, or posted upon the website of either City in compliance with RCW 39.34.040. 7. The Purchasing Agent of the City of Walla Walla and the City Manager of the City of Pasco shall he co-administrators and representatives of the entities for the purpose of carrying out the terms of this Agreement. 8. While it is intended this Agreement be ongoing, until terminated as provided below, this Agreement shall commence with Walla Walla permitting Pasco to "piggyback" or otherwise supplement its order for the purchase of an additional 2012 Rosenbauer 109'Viper Aerial apparatus, manufactured by and purchased from Rosenbauer America, LLC. 9. In the event of a dispute regarding the enforcement, interpretation, or breach of this Agreement, the City Managers, or their designees, shall first meet in a good faith attempt to resolve such dispute. Amy remaining dispute shall be resolved by binding arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial upon de novo appeal. 10. This Agreement shall continue in full force and effect until cancelled by either party upon thirty(30) days advance written notice to the other party. 1 DATED this day of rtt , 2012. CIT OF W' LLA WALLA CIT OF ' r 0 Z/ Aid _ Mme►...... _ Na/el Sha 'a, City Manager Gary f . E anager ATTES 11 �. . . �_ . u � c 1 . ' Kami y Hill, Cit .erk ebra L. Clark, City Clerk lnterlocal Procurement Agreement Between City of Pasco/City of Walla Walla-2 APPROVED AS TO FORM: -� ,Fpa_T' Donaldson, City Attorney Leland B. Kerr, City Attorney STATE OF WASHINGTON ) : ss. County of WALLA WALLA ) On this day personally appeared before me NABIEL SHAWA, City Manager of the City of Walla Walla, to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and v st {{ary act and deed for the uses and purposes therein mentioned. ti 11 ��,,, 1 1 under my hand and official seal this h2 day of i_ 2012. • i C *4, UI% ;O' N ARY PUBLIC in and for the State of Washington i ,, 0 •A��C~`r Residing at: 1•4)41-pbA von A q F woke My Commission Expires: /L- I13 _ STATE OF WASHINGTON ) : ss. County of Franklin ) On this day personally appeared before me GARY CRUTCHFIELD, City Manager for the City of Pasco, to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of , 2012. NOTARY PUBLIC in and for the State of Washington Residing at: My Commission Expires: • Interlocal Procurement Agreement Between City of Pasco/City of Walla Walla-3 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 special fund or budgets are anticipated, nor shall be created as a result of this Agreement. Each party will use its own personnel, supplies, and equipment for their respective performances under the terms of this Agreement, which shall remain the sole property and responsibility of each respective party. A copy of this Agreement shall be filed with the Franklin or Walla Walla County Auditor, or posted upon the website of either City in compliance with RCW 39.34.040. 7. The Purchasing Agent of the City of Walla Walla and the City Manager of the City of Pasco shall be co-administrators and representatives of the entities for the purpose of carrying out the terms of this Agreement. 8. While it is intended this Agreement be ongoing, until terminated as provided below, this Agreement shall commence with Walla Walla permitting Pasco to "piggyback" or otherwise supplement its order for the purchase of an additional 2012 Rosenbauer 109' Viper Aerial apparatus, manufactured by and purchased from Rosenbauer America, LLC. 9. In the event of a dispute regarding the enforcement, interpretation, or breach of this Agreement, the City Managers, or their designees, shall first meet in a good faith attempt to resolve such dispute. Any remaining dispute shall be resolved by binding arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial upon de novo appeal. 10. This Agreement shall continue in full force and effect until cancelled by either party upon thirty (30) days advance written notice to the other party. DATED this Q day of v rid , 2012. CITY OF WALLA WALLA CIT OF ' ' O II►:*-- 11/ Nabiel Shawa, City Manager Gary ' e , anager ATTEST: Kammy Hill, City Clerk ebra L. Clark, City Clerk Interlocal Procurement Agreement Between City of Pasco/City of Walla Walla-2 • APPROVED AS TO FORM: Tim Donaldson, City Attorney Leland B. Kerr, City Attorney STATE OF WASHINGTON ) . ss. County of WALLA WALLA ) On this day personally appeared before me NABIEL SHAWA, City Manager of the City of Walla Walla, to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of , 2012. NOTARY PUBLIC in and for the State of Washington Residing at: My Commission Expires: STATE OF WASHINGTON ) . ss. County of Franklin ) On this day personally appeared before me GARY CRUTCHFIELD, City Manager for the City of Pasco, to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this /-' day of 6241A4 , 2012. wv�.o�Exeme .. ,��, NOTARY PUBLIC in and f e State of Washington ��' Q�1 Residing at: z I p;2�0 \‘"� �o; .a My Commission Expires: 3-13 7, 1-v 1:,•• b t • ma°"$? i 10 `- /1i Interlocal Procurement Agreement Between City of Pasco/City of Walla Walla-3