KITSAP COUNTY ILA - MARICOPA COUNTY FINAL.DOCX

Maricopa County — Formal (2023-08-09)

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KC - MARICOPA COUNTY
INTERLOCAL COOPERATIVE PURCHASING AGREEMENT
BETWEEN KITSAP COUNTY & MARICOPA COUNTY, ARIZONA
This Cooperative Purchasing Agreement (“Agreement”) is entered into by Kitsap County, a 
Washington State political subdivision, an external procurement activity within the meaning of 
A.R.S. § 41-2631(2) and an External Procurement Entity within the meaning of section MC1-
101(56) of the Maricopa County Procurement Code (“MCPC”), having its principal offices at 614 
Division Street, Port Orchard, Washington, 98366, and Maricopa County, an Arizona State 
political subdivision, a local public procurement unit within the meaning of A.R.S § 41-2631(3) 
and a Public Procurement Unit within the meaning of section MC1-101(95) of the MCPC, having 
its principal offices at 301 W. Jefferson St, Phoenix, Arizona, both are public agencies within the 
meaning of RCW 39.34.020(1).
Section 1.
PURPOSE & SCOPE
In accordance with Arizona Revised Statutes, Title 41, Chapter 23, Article 10, with section MC1-
1003 of the MCPC and with chapter 39.34 RCW, the parties wish to establish a cooperative 
governmental purchasing agreement, whereby one party may use the other party's competitively 
awarded contracts when consistent with those awards and applicable law and in their individual 
interest.
This Agreement pertains to solicitations and contracts for supplies, material, equipment, or 
services, that may be required from time to time by both parties.
Section 2.
ADMINISTRATION
No separate legal or administrative entity is intended to be created pursuant to this Agreement 
nor do the parties intend to create through this Agreement a separate legal or administrative entity 
subject to suit. No obligation, except as stated herein, shall be created between the Parties or 
between the parties and any applicable bidder or contractor. Neither party is intending to assume 
responsibility or liability for the actions, or failures to act, of the other party and/or their respective 
employees.
Each party shall have a representative to administer the Agreement. Either party may change its 
representative upon providing written notice to the other party. The parties' representatives are 
as follows:
Kitsap County’s Contract Representative
Lee Reyes, Purchasing Manager
Kitsap County
Administrative Services Department
614 Division Street MS 7
Port Orchard, WA 98366 
Maricopa County Contract Representative
Kevin Tyne, Chief Procurement Officer
Maricopa County
Office of Procurement Services 
301 W. Jefferson St. Suite 700
Phoenix, AZ 85003
Section 3.
FINANCING
Any purchase made pursuant to this Agreement is not a purchase from either of the parties. This 
Agreement shall create no obligation to either of the parties to purchase any particular good or

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service, nor create to either of the parties any assurance, warranty, or other obligation from the 
other party with respect to purchasing or supplying any good or service.
Section 4.
PROPERTY
Any property acquired by a party under this Agreement shall be the sole and separate property 
of the acquiring party, which shall have the sole right of disposal of that property. Any property 
jointly acquired under this Agreement shall require a separate written agreement to address the 
acquisition, storage, maintenance, insurance, and disposition of the jointly acquired property.
Section 5.
DURATION & TERMINATION
This Agreement will become effective upon execution by the parties. This Agreement shall 
continue in force until terminated by either party, which termination shall be effective upon receipt 
by one of the parties of the written notice of cancellation of the other party.
Section 6.
ADDITIONAL TERMS
A. Compliance with Laws.  Each party agrees to comply with applicable federal, state, and local 
laws and regulations, in particular, that party’s bidding requirements applicable to the 
acquisition of any goods, services, or equipment obtained through the cooperative process 
agreed to herein.
B. Each of the parties shall contract directly with the bidder, contractor, vendor, supplier, or 
service provider, and pay the same directly in accordance with its own payment procedures 
for its own purchases.
C. All purchases under this Agreement shall be effected by either a purchase order or contract 
between the party and the vendor(s).
D. Each party reserves the right to contract independently for the purpose or acquisition of goods 
and/or services with or without notice to the other party and shall not bind or otherwise obligate 
the other party to participate in the activity. Each party reserves the right to exclude the other 
party from any particular purchasing contract with or without notice to the other.
E. Statutory Right of Cancellation For Conflict of Interest. Notice is given that, pursuant to Arizona 
Revised Statute (A.R.S.) § 38-511, the County may cancel any contract without penalty or 
further obligation within three years after execution of the contract, if any person significantly 
involved in initiating, negotiating, securing, drafting, or creating the contract on behalf of the 
County is at any time, while the contract or any extension of the contract is in effect, an 
employee or agent of any other party to the contract in any capacity or consultant to any other 
party of the contract with respect to the subject matter of the contract. Additionally, pursuant 
to A.R.S. § 38-511, the County may recoup any fee or commission paid or due to any person 
significantly involved in initiating, negotiating, securing, drafting, or creating the contract on 
behalf of the County from any other party to the contract arising as the result of the contract.
F. Severability.  The provisions of this Agreement are severable. Any term or condition of this 
Agreement or application thereof deemed to be illegal, invalid, or unenforceable, in whole or 
in part, shall not affect any other terms or conditions of the Agreement and the parties’ rights

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and obligations will be construed and enforced as if the Agreement did not contain the 
particular provision.
G. No Third-party Rights. This Agreement is intended to be solely between the parties. No part 
of this Agreement shall be construed to add, supplement, or amend existing rights, benefits, 
or privileges of any third party, including without limitation, employees of either party.
H. Assignment. The rights or obligations under this Agreement, and any claims arising 
thereunder, are not assignable or delegable by either party.
I.
Hold Harmless. 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. This section shall survive the 
expiration or termination of this Agreement with respect to any event occurring prior to the 
same.
J.
Counterparts. This Agreement may be executed in several counterparts, each of which will 
be deemed an original, but all of which together will constitute one and the same agreement.
K. Entire Agreement. This Agreement sets forth the entire agreement between the parties and 
supersedes any other prior written agreements between the parties, with respect to the subject 
matter hereof.
Section 7.
FILING
This Agreement shall be filed with the Kitsap County Auditor following execution by all parties.
 
DATED or ADOPTED this ____ day of _____________________, 2023.
BOARD OF COUNTY COMMISSIONERS
KITSAP COUNTY, WASHINGTON
__________________________________
CHARLOTTE GARRIDO, Chair 
__________________________________
KATHERINE T. WALTERS, Commissioner
__________________________________
 CHRISTINE ROLFES, Commissioner
ATTEST:

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___________________________
Dana Daniels, Clerk of the Board
DATED or ADOPTED this ____ day of _____________________, 2023.
BOARD OF SUPERVISORS 
MARICOPA COUNTY, ARIZONA
__________________________________
Chairman, Board of Supervisors 
__________________________________
Clerk of the Board
__________________________________
 Deputy Maricopa County Attorney