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Interlocal Agrmt - 11-14-2017 - Interlocal with Yakima County INTE OCAL COOPERATIVE AGREEMENT BETWEEN COWL COUNTY AND YAWMA COUNTY � This Agreement, made and entered into by and between Cowlitz bounty, State of � Wasbington, a Washingtoncipalmuni. corporation (hereinafter referred to as "Cowlitz County") 1 and YAKIMA County, State of Washington, a Washington municipal corporation (hereinafter referred to as "YAKIMA County"), (collectively "Parties"), and whereby the Parties agree to cooperative governmental purchasing upon the fallowing terms and conditions. I . Copperative Purchases. The Parties hereto, pursuant to Chapters 36 and 39 bidding laws, Revised Code of Washington, and pursuant to Chapter 39.34 of the Revised Cady of Wasbington do hereby agree to cooperatively purchase supplies, gouda, services atid equipment as a result of competitive bidding and within the qualifications or specifications established by and for Cowlitz County and YAKIMA County, Parties will finalize their own an-angements, incIudxng option selection, selections, trade- in and delivery arrangements for goods, services and Nuipment directly with the applicable contractor or vendor, Cowlitz County and YAKIMA County agreo that each Pity has no liability as far as the durability, s�iceability, performance and warranty of the goods, se�ices, and equtpment selec#ed. It is also agreed that the goods, services, and equipment selected shall be agreed upon by each individual Party and will not be perceived as selected by the other Party. Cowlitz County and the YAKIMA County accept no responsibility of the performance of any contracts by the contractor, and Cowlitz County and YAKIMA County accept no responsibility for payment of the purchase price for any contract entered into by the ether Party. 2. Administration. No new or separate legal or administrative entity is created to ENEEMMM; administer the provisions of this Agreement. Each Party reserves the sight to contract independently for the purchase of any padicular class of goads or services n t h or without notice to the other Part, The Parties reserve the right to exclude the other Party from and particular purchasing or services contract, with or without notice to the other P&rty. 3. Term. This Agreement shall take affect immediately and shall continue -in effect until terminated.. It may be tmninated by either Party by giving ten (10) days written notice to the ether; provided, however, that termination shall not affect or inipai r j4int purchases of the Parties that are agreed to on or before the date of termination. 4. Corn hance with Laws. Each Party accepts responsibility for compliance with federal, - state, or local laws and regulations including, - in pardeulark,-- that - ParVs bidding - reyuirernents applicable to the acquisition of and goods, services, or equipment obta3ined laugh the cooperative process agreed to herem" . 5. Indemnification. Each Party shall be liable and responsible for the consequence of and 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 omiss ion of any person, fine or corporation not a pasty to this Agreement* CO"VtiILITZ GatiN'I`Y SIDDINGlPURCHASiNCr IAITEitLOCAL AGREEMENT Page, 1 of 3 6. Recording. As provided by RCW 39.34.040, this Agreement shall not take effect unless and until it has(i)been duly executed by both parties,and(ii)either filed with the respective county Auditor or posted on the respective county's Interlocal Agreements website. 7. General This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement,No provision of this agreement may be amended or modified except by written agreement signed by the Parties.This Agreement shall be binding upon and inure to the benefit of the Parties' successors in interest, heirs and assigns. Any provision of this Agreement which is declared invalid or illegal shall in no way effect or invalidate any other provision. In the event either of the Parties defaults on the performance of any terms of this Agreement or either Party places the enforcement of this Agreement in the hands of an attorney,or files a lawsuit,each Party shall pay all its own attorneys'fees,costs and expenses. The venue for any dispute related to this Agreement shall be in YAKIMA County if the bid is issued by YAKIMA County or in Cowlitz County if the bid is issued by Cowlitz County. Failure of either Party to declare any breach or default by the other Party immediately upon the occurrence thereof,or delay in taking any action in connection with, shall not waive such breach or default. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. IN WITNESS WHERE OF,the parties have caused duplicate originals of this Agreement to be executed on the day and year the last signature hereto is affixed. BOARD OF COMMISSIONERS Dated: - t� s COWLITZ COUNTY,WASHINGTON o j J / , 4S Joe Gardner,Chairman . Tiff y Ostriem Clerk of the Board Dennis Weber,Commissioner AP ROVED AS TO FORM;ONLY: Doug Jansen,-Chief Civil Deputy 10 - 3/- Arne Mortensen,Commissioner COWLITZ COUNTY BIDDING/PURCHASING 1NTERLOCAL AGREEMENT Page 2 of 3 + ■ f + r ■ AUTHORIZESSIGNATURE(S):& this 2(11)7 ' - BOARD OF YAIUMA COUNTY d d V b4 4P b'J COMMISSIONERS ,} + e IL & -r eVVA:k . . P-P '. Lz rr Auest. Tioem L. Girard f • � 'x :F Ch J. Rand I rman Clerk of the Board 5 yott r I + a • Y �i Approved as to formilr Ron Andenon, Conmissironer Excused Stefanie Weigand Deputy Prosecuting Attomey Michael D. Leita, Convussion-er Constituting the B o and of County Commissioners for Yakima, County, Washington BOCC27&s2017 October 31 , 2017 C WLITZ COUNTY BIDDING/PURCHASINO INTERLOCAL AGREEMENT Page