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INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT THIS INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT ("Agreement") is entered into by and between the CITY OF BAINBRIDGE ISLAND, WASHINGTON ("Bainbridge Island") and the CITY OF EVERETT, WASHINGTON ("Everett"), both political subdivisions of the State of Washington. Recitals A. Bainbridge Island and Everett are both public agencies who desire to make the most efficient use of their powers by collaborating on certain purchases when mutually advantageous and efficient. B. Pursuant to the Interlocal Cooperation Act, Chapter 39.34 RCW, public agencies are authorized to jointly exercise their powers in engaging in a variety of intergovernmental actions, including the purchase of supplies, materials, equipment and/or services that both parties may require from time to time. C. Pursuant to Chapter 39.34 RCW and other applicable laws, the parties desire to enter into this Agreement, and to afford and take advantage of purchasing opportunities described herein. NOW THEREFORE, in consideration of the following terms and conditions, the parties hereby agree as follows: 1. Cooperative Purchasing: From time to time, both parties independently submit to public bid and contract for the purchase of supplies, materials, equipment and services. To the extent permitted by law, each party agrees to extend to the other party the right and option to purchase supplies, materials, equipment and services under the same terms and conditions of the bids and contracts secured by the first party; provided that the terms and conditions are accepted by the second party and are agreed upon by the bidder, contractor, vendor, supplier or service provider. 2. Contracts: For any cooperative purchasing effectuated pursuant to this Agreement, each party shall independently and separately contract directly with the bidder, contractor, vendor, supplier and service provider, and. each party shall pay the bidder, contractor, vendor, supplier or service provider directly for the party's own purchases, in accordance with that party's payment procedures. 3. Exclusivity: Neither party shall be responsible or liable for the other party's acts or failure to act with respect to the other party's separate bids or contracts. Each party agrees to indemnify and hold the other party harmless for any claim arising out of its participation in this Agreement, and for its obligations under the bids and contracts secured pursuant to this Agreement. 4. No Obligation: Nothing herein shall be construed as obligating either party to accept or act upon a bid or contract secured by the other party. Neither party shall be obligated to 94700I1061246954.01I5@J%01!.DOC (10/16/02) -1-