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RETURN TO <br />VERETT CITY more CLERK <br />a93o Wet <br />INTERCITY TRANSIT gverett, `NA 9EEQt <br />INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT <br />THIS AGREEMENT, is made and entered into in duplicate this -'day ofv , 1 , <br />199 by and between INTERCITY TRANSIT, a Washington municipal corporation, <br />and the City of Everett ("EVERETT TRANSIT") hereinafter called the "Public Agency", <br />pursuant to Chapter 39.34 RCW and to other provisions of law, specifically RCW <br />39.34.080. <br />FOR AND IN CONSIDERATION OF the covenants, terms and conditions set forth <br />herein, the parties hereto agree as follows: <br />1. Intercity Transit, in contracting for the purchase of goods and services for itself, <br />agrees to seek the same or similar terms for the Public Agency, where appropriate at <br />Intercity Transit's sole discretion, to the extent permitted by law. <br />2. Whenever Intercity Transit has included in contracts with any vendor the authority for <br />the purchase of goods and/or services by a public agency, the Public Agency may <br />purchase on the same terms and conditions as Intercity Transit. Such purchase may be <br />effected by a direct contract between the Public Agency and the vendor. Intercity Transit <br />accepts no responsibility for the performance or suitability of any good or service to be <br />provided by the vendor; and Intercity Transit accepts no responsibility for the payment of <br />the purchase price by the Public Agency. <br />3. The method of financing or payment of purchases pursuant to this Agreement shall be <br />through budgeted funds or other available funds of the Public Agency. Any goods or <br />services procured by the Public Agency under this Agreement shall remain the exclusive <br />property of or under control of said Public Agency. <br />4. This Agreement shall remain in force until canceled by either party in writing. <br />5. Each party reserves the right to contract independently for the acquisition of goods or <br />services or disposal of any property without notice to the other party and shall not bind or <br />otherwise obligate the other part to participate in the' activity. Intercity Transit and the <br />Public Agency each reserve the right to exclude the other from any particular purchasing <br />contract, with or without notice. <br />6. Each party shall be liable and responsible for the consequence of any negligent or <br />wrongful act or failure to act on the part of itself and its employees and agrees to defend, <br />indemnify, and hold harmless the other party, its officers, agents or employees from any <br />claims, costs and/ or demands arising out of or related thereto. Neither party assumes <br />responsibility to the other party for the consequences of any act or omission of any <br />person, firm or corporation not a party to this Agreement. <br />1 <br />