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INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT This Agreement is made by and between CITY OF EVERETT and SNOHOMISH COUNTY, both public agencies of the State of Washington within the meaning of RCW 39.34.020(1) (collectively the "Parties" and, individually, a "Party"). WHEREAS, Chapter 39.34 RCW, the Interlocal Cooperation Act, provides for interlocal cooperation between governmental agencies; and WHEREAS, each of the Parties desires to utilize the other Party's competitively awarded contracts when it is consistent with those awards and applicable law and when it is in their individual interest; NOW, THEREFORE, the Parties agree as follows: 1. Each of the Parties from time to time goes out to public bid or undertakes other competitive solicitation and then contracts with vendors and service providers to purchase supplies, materials, equipment, and services. 2. 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 (a) permitted by applicable law and (b) agreed upon between the awarding Party and its bidders, contractors, vendors, suppliers or service providers. 3. Each Party shall comply with all applicable laws and regulations governing its own purchases. 4. A Party purchasing from one of the other Party's contracts shall pay the bidder, contractor, vendor, supplier, or service provider directly in accordance with its own payment procedures for its own purchases. 5. This Agreement shall create no obligation on either Party to purchase any particular good or service from the other Party's contracts, nor shall it create any assurance, warranty, or other obligation on either Party to supply to the other Party any good or service through contracts awarded by it. 6. Each Party will indemnify and hold the other Party harmless as to any claim arising out of its negligence in the use of this Agreement. 7. Any purchase made pursuant to this Agreement is not a purchase from either of the Parties. The Party awarding a contract shall not be responsible or liable for the performance of the bidder, contractor, vendor, supplier, or service provider. No obligation, except as stated herein, shall be created between the Parties or between the Parties and any applicable bidder or contractor. INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT July 2013 Page I of 2