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Interlocal Joint Purchasing Agreement with Alderwood Water and Wastewater DistrictINTERLOCAL JOINT PURCHASING AGREEMENT THIS AGREEMENT is between Alderwood Water & Wastewater District ("Alderwood"), a political subdivision of the State of Washington, and The City of Edmonds ("Edmonds"), a political subdivision of the State of Washington. WITNESSETH: WHEREAS, the Interlocal Cooperation Act, as amended, and codified in Chapter 39.34 of the Revised Code of Washington provided for interlocal cooperation between governmental agencies; 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: PURPOSE: The purpose of this agreement is to comply with Chapter 39.34 of the Revised Code of Washington and to authorize the purchase or acquisition of goods and services under contracts where a price is extended by either party's vendor to other governmental agencies. 2. ADMINISTRATION: No new or separate legal or administrative entity is created to administerthe 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 (1) where provision has been provided in contracts for other governmental agencies to avail themselves of goods and services offered under the contract; (2) where either party's vendor is willing to extend prices to other governmental agencies; and (3) where the original purchasing party has posted notice pursuant to RCW 39.04.030(5)(b). 4. DURATION AGREEMENT- TERMINATION: This agreement shall remain in force until cancelled 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 45�, Page 1 6. COMPLIANCE WITH LEGAL REQUIREMENT: Each party accepts responsibility for compliance with federal, state or local laws and regulations including, in particular, the 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. NON-DELEGATIONINON-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 written consent of the other party. 10. 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. 11. 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 provision or affecting the validity or enforcement of such provisions. Page 2 APPROVED: CITY OF EDMONDS ALDERWOOD WATER & WASTEWATER DISTRICT: r ' AdfWrized Si nature Alorized pignature o. Ea,r l; Authorized Name (printed(,dr typed) _ mava,6r Authori ed Title �,o - /3 Date APPROVED AS TO FORM: 12-13-13 Date DD JA T C:R05S Authorized Name (printed or typed) ,e PREDI CEWr Authorized Title 111,1zo,14 D to Page 3 INTERLOCAL JOINT PURCHASING AGREEMENT THIS AGREEMENT is between Alderwood Water & Wastewater District ("Alderwood"), a political subdivision of the State of Washington, and The City of Edmonds ("Edmonds"), a political subdivision of the State of Washington. WITNESSETH: WHEREAS, the Interlocal Cooperation Act, as amended, and codified in Chapter 39.34 of the Revised Code of Washington provided for interlocal cooperation between governmental agencies; 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 comply with Chapter 39.34 of the Revised Code of Washington and to authorize the purchase or acquisition of goods and services under contracts where a price is extended by either party's vendor 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 (1) where provision has been provided in contracts for other governmental agencies to avail themselves of goods and services offered under the contract; (2) where either party's vendor is willing to extend prices to other governmental agencies; and (3) where the original purchasing party has posted notice pursuant to RCW 39.04.030(5)(b). 4. DURATION AGREEMENT- TERMINATION: This agreement shall remain in force until cancelled 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. Page 1 6. COMPLIANCE WITH LEGAL REQUIREMENT: Each party accepts responsibility for compliance with federal, state or local laws and regulations including, in particular, the 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. 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 written consent of the other party. 10. 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. 11. 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 provision or affecting the validity or enforcement of such provisions. Page 2 APPROVED: CITY OF EDMONDS ALDERWOOD WATER & WASTEWATER DISTRICT. r ! t AdfWrized Si nature Auth rfze ign Authorized Name (prints r typed) Authorized Name (printed or typed) Mq r- �d Authori d Title Il — �_o - i3 Date APPROVED AS TO FORM: /2 IS Date Bo,AP-D Pea-,f Dq)T Authorized Title 1 zviq Da s Page 3 ''lc. 189%j TO: FROM: DATE: SUBJECT: Dear Linda, CITY OF EDMONDS DEPARTMENT OF PUBLIC WORKS & UTILITIES OPERATIONS & MAINTENANCE CENTER 711021 OT" STREET SOUTHWEST, EDMONDS, WASHINGTON 98026 PHONE (425) 771-0235 a FAX (425) 744-6057 • WWW.EDMONDSWA.GOV MEMORANDUM Linda Hynd, Deputy City Clerk Kody McConnell, Executive Assistant January 9, 2014 Alderwood Interlocal Joint Purchasing Agreement Please find attached the City's original copy of this agreement. Thanks! DAVE EARLING MAYOR LDERWOOD WATER & WASTEWATER DISTRICT 3626 -156t' Street SW ■ Lynnwood, WA 98087-5021 + 425-743-4605 • 425-742-4562 Fax • www.awwd.com Letter of Transmittal January 7, 2014 To: Kody McConnell RE: Interlocal Joint Purchasi City of Edmonds Public Works Agreement 7110 — 21 & Street SW Edmonds, WA 98026 We are sending you: Quantity 2 This material is sent for: __ __ Per your Request Description Executed Interlocal Joint Purchasing Agreement X For Your Use Make Corrections as Noted and Sets of Plans for Approval with the Original Mark-ups Comments: Kody — AWWD's Board of Commissioners executed the Interlocal Joint Purchasing Agreement last night. Enclosed are two signed originals. One signed original has been retained for AWWD's files. Thank you. �r 7 By: L.�. ZLZ,4 Chris Schumacher