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INTERLOCAL PROCUREMENT AGREEMENT THIS AGREEMENT is between the CITY OF MOSCOW, an Idaho municipal corporation, and the CITY OF CLARKSTON, a municipal corporation of the State of Idaho. WITNESSETH: WHEREAS, the Interlocal Cooperation Act, as amended, and codified in Chapter 39.34 of the Revised Code of Washington and Idaho Code Section 67-2332 provides for interlocal cooperation between governmental agencies; and WHEREAS, Chapter 3 9 . 3 3 of the Revised Code of Washington and Idaho Code Section 67-2332 provides for the intergovernmental disposition of property; 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 acknowledge the parties' mutual interest to jointly bid the acquisition of goods and services and to dispose of property where such mutual effort can be planned in advance and authorize the acquisition of goods and services and the purchase or acquisition of goods and services under contracts where a price is extended by either party's bidder 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. activities: This agreement shall allow the following 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 J;>Y each party where provision has been provided 1n contracts for other governmental agencies to avail themselves of goods and services offered under the contract. c. Disposal of goods by each party acting as agent for either, or both parties when agreed to in advance, in writing. ---PAGE BREAK--- 4. DURATION AGREEMENT - TERMINATION. This agreement shall remain in full 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 or disposal of any property without notice to the other party and shall not bind or otherwise obligate the other party to participate in the activity. 6. COMPLIANCE WITH LEGAL REQUIREMENTS. Each party accepts responsibility for compliance with federal, state or local laws and regulations including, in particular, bidding requirements applicable to its acquisition of goods and services or disposal of property. 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. INTERLOCAL COOPERATION DISCLOSURE. Each party may insert in its solicitations for goods or services a provision disclosing that the other authorized governmental agencies may also wish to procure the goods or services being offered to the party and allowing the bidder the option of extending its bid to other agencies at the same bid price, terms and conditions. 10. 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. 11. 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. 12. SEVERABILITY. Any prov1s1on of this agreement, which is prohibited or unenforceable, shall be ineffective to the extent of such prohibition or unenforceabilty, without ---PAGE BREAK--- invalidating the rema1n1ng prov1s1ons or affecting the validity or enforcement of such provisions. CITY OF MOSCOW CITY OF CLARKSTON a,ck,&r ayor ATTEST: ---PAGE BREAK--- MEMORANDUM OF UNDERSTANDING PURSUANT TO INTERLOCAL PROCUREMENT AGREEMENT WHEREAS, the CITY OF CLARKSTON, a Washington municipal corporation, and the CITY OF MOSCOW, an Idaho municipal corporation, did enter into and execute that document entitled "Interlocal Procurement Agreement" on the 7th day of October , 1991; and WHEREAS, the City of Moscow now desires to purchase or acquire certain specific goods andfor services pursuant to that agreement. THE PARTIES NOW AGREE that the City of Moscow may purchase or acquire goods andfor services pursuant to Section 3 A&B of that "Interlocal Procurement Agreement" as it relates to the city of Clarkston's bid and technical specifications for the acquisition of 1,500 gallon per minute pumper with 750 gallon water tank and 6 man, 4 side door, tilt cab fire truck. The specification of which is attached hereto as Exhibit A and incorporated herein by reference. _ ()fA Ulis 7th day of October C'o. 1 1991. • ttE o0 * fi \.,r·'J'1P0RATf"lJ j • -w • . • • , • G 0 'c..1 u • * Jt!L\, 12 • \ \ 1887 1 ft. cP·.. ; ,If \v ATTEST: city Clerk CITY OF MOSCOW Paul c. Agid';MaYOr CITY OF CLARKSTON Mayor