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Home My WebLink AboutR-2001-113 Spokane County Intergovernmental Cooperative Purchasing AgreementRESOLUTION NO. R -2001— A RESOLUTION authorizing the execution of an Intergovernmental Cooperative Purchasing Agreement with Spokane County WHEREAS, the City of Yakima and Spokane County desire to arrange for making cooperative purchases of certain goods and services; and the City Council of the City of Yakima deems it to be in the best interests of the City that such an arrangement be carried out according to the provisions, terms and conditions of the attached agreement document and that it is in the best interests of the City that the attached agreement document be executed, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Section 1. The City Manager and City Clerk of the City of Yakima are hereby authorized and directed to execute an agreement with Spokane County for the purpose mentioned above, a copy of which agreement, entitled "Intergovernmental Cooperative Purchasing Agreement," is attached hereto and by reference made a part hereof. ADOPTED BY THE CITY COUNCIL this 1sT day of / , 2001. i4Z/ /11%.JC MAYOR ATTEST: DLEGII A-1 Agenda & Res 2 INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT Pursuant to Chapter 39.34 RCW and to other applicable laws, the CITY OF YAKIMA and SPOKANE COUNTY both public agencies of the State of Washington, hereby agree to cooperative governmental purchasing upon the following terms and conditions. (1) This Agreement pertains to bids and contracts for supplies, material, equipment or services that may be required from time to time by both the City of Yakima and Spokane County. (2) Each of the parties from time to time goes out to public bid and contracts to purchase supplies, material, equipment, and services. 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 permitted by law, and to the extent agreed upon between each party and the bidder, contractor, vendor, supplier, or service provider. (3) Each of the parties shall comply with all applicable laws and regulations governing its own purchases. (4) Each of the parties shall contract directly with the bidder, contractor, vendor, supplier, or service provider, and pay directly in accordance with its own payment procedures for its own purchases. Each party will indemnify and hold the other party harmless as to any claim arising out of its participation in this Agreement. (5) 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 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. (6) No separate legal or administrative entity is intended to be created pursuant to this Agreement. No obligation, except as stated herein, shall be created between the parties or between the parties and any applicable bidder or contractor. (7) The Purchasing Manager of the City of Yakima and the Purchasing Manager of Spokane County shall be representatives of the entities for carrying out the terms of this Agreement. (8) This Agreement shall continue in force until canceled by either party, which cancellation may be effected upon receipt by one of the parties of the written notice of cancellation of the other party. DLEGII A-1 Agenda & Res 3 APPROVED this day of APPROVED this day of , 2001. , 2001. CITY OF YAKIMA By: R.A. Zais, r., City Manager Subscribed a day of to me this 2-nd , 2001 Notar Washi My cp City Contract No. 2001-47 Resolution No. R-2001-71 DLEGII A-1 Agenda & Res 4 By: Subscribed and sworn to me this day of , 2001 Notary Public in and for the State of Washington, residing at My commission expires ATTEST: NO. 1 0487 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON IN THE MATTER OF EXECUTING AN INTERLOCAL JOINT PURCHASING AGREEMENT WITH The City OF Yakima PROJECT NO.P3393 RESOLUTION WHEREAS, pursuant to the provisions of the RCW Section 36.32.120(6), the Board of County Commissioners of Spokane County has the care of County property and the management of County funds and business; and WHEREAS, pursuant to the provisions of the RCW Section 36.32.240, et seq., the Board of County Commissioners must let out for bid the purchase or lease of all supplies, equipment and materials, as well as capital improvements for Spokane County and for all elected officials thereof; and WHEREAS, pursuant to the provisions of RCW Section 39.34.030(2), any two (2) or more public agencies may enter into agreements with one another for joint or cooperative action pursuant to the provisions of Chapter 39.34 RCW; and WHEREAS, pursuant to the provisions of RCW Section 39.34.080, any one (1) or more public agencies may contract with any one (1) or more other public agencies to perform any governmental service, activity or undertaking which each public agency entering into the contract is authorized by law to perform; and WHEREAS, Spokane County and the City of Yakima are desirous of taking advantage of competitive bids negotiated by each other; and 1 0457 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Spokane County that either the Chairman of the Board of County Commissioners of Spokane County, or a majority of the Board, be and is hereby authorized to execute the attached intergovernmental cooperative agreement, pursuant to which, under certain terms and conditions, Spokane County and the City of Yakima may take advantage of certain competitive bids negotiated by the other entity. PASSED and ADOPTED this 2/ day of / s'L C-'7 ,2001. ATTEST: VICKY M. DALTON Clerk of the Board By: Daniela Erickson BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON 1 ip D. Harris, Chair kelley, Vice Chair 1 ctci. M. Kate :slin INTERGOVERNMENTAL COOPERATIVE AGREEMENT 1 (WO Pursuant to Chapter 39.34 RCW and to other provisions of the law, Spokane County, hereinafter referred to as the "political subdivision" and the City of Yakima, hereinafter referred to as the "City" hereby agree to cooperative governmental purchasing upon the following terms and conditions. WITNESSETH: WHEREAS, pursuant to the provisions of the RCW Section 36.32.120(6), the Board of County Commissioners of Spokane County has the care of County property and the management of County funds and business; and WHEREAS, pursuant to the provisions of the RCW Section 36.32.240, et seq., the Board of County Commissioners must let out for bid the purchase or lease of all supplies, equipment and materials, as well as capital improvements for Spokane County and for all elected officials thereof; and WHEREAS, pursuant to the provisions of RCW Section 39.34.030(2), any two (2) or more public agencies may enter into agreements with one another for joint or cooperative action pursuant to the provisions of Chapter 39.34 RCW; and WHEREAS, pursuant to the provisions of RCW Section 39.34.080, any one (1) or more public agencies may contract with any one (1) or more other public agencies to perform any governmental service, activity or undertaking which each public agency entering into the contract is authorized by law to perform; and WHEREAS, Spokane County and the City of Yakima are desirous of taking advantage of contracts for the procurement of supplies, equipment, and materials negotiated by each public agency with private vendors and awarded in accordance with the competitive bidding laws of this State; and NOW, THEREFORE, the parties agree as follows: 1. Purpose. The political subdivision and the City each obtain supplies, equipment and materials pursuant to the competitive bidding laws of this State; and following the award of such bids, negotiate agreements with private vendors for the procurement of such supplies, equipment, and materials. It is the intent of the parties in entering into this Interlocal Cooperative Agreement to extend such contracts to each other to the extent permitted by law, and in a manner agreed upon by the parties. 2. Administration. No separate and distinct legal entity shall be created to conduct this joint undertaking. Day-to-day administration of this agreement shall be through managers appointed by each party. The parties shall form a joint board comprised of the managers appointed by each party. 3. Duration and Termination. This agreement shall take effect immediately, and shall continue until terminated by the parties. Either party may terminate this agreement with or without notice to the other party. 4. Compliance with Applicable Laws. The political subdivision and the City accept responsibility for compliance with any additional or varying laws and regulations governing purchases by or on behalf of their entity. 5. Method of Purchasing Supplies, Equipment, and Materials. A purchase by the political subdivision or City shall be effected by a purchase order from that entity, directed to the vendor or other party contracting to furnish goods or services to the political subdivision or City. 6. General Provisions: (a) Each party accepts no responsibility for the performance of any purchasing contract by the vendor, and each accepts no responsibility for payment of the purchase price by the other party. (b) Each party reserves the right to contract independently for the purchase of any goods or services, with or without notice to the other party. (c) Spokane County and the City of Yakima reserve the right to exclude the other party, or any class containing the other p rchasing rnptrac.t, with or without pari -y, from any mart- i '111 ar notice to the other party. (d) This Agreement covers all Spokane County and the City of Yakima supply, equipment and materials purchase contracts. SPOKANE COUNTY D. Harris, Chair John„Ros elley, Vice Chair M. Kate M•C.slin ATTEST: VICKY M. DALTON Clerk of the Board By: Y Daniela' Erickson DATE ../-° .3/,j The City of Yakima R.A. Zais; Jr., City Manager City Contract No. 2001-47 Resolution No. R-2001 3 ATTEST: Karen Roberts, City Clerk DATE S'" / — a I BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. -3tEI D For Meeting Of 5/1/01 ITEM TITLE: Intergovernmental Cooperative Purchasing Agreement with Spokane County, Washington SUBMITTED BY: Glenn Rice, Assistant City Manager CONTACT PERSON/TELEPHONE: Shawn Valdez, Buyer, 575-6094 Wayne Wantland, Communications, 575-6048 SUMMARY EXPLANATION: Staff respectfully requests approval of an agreement authorizing the City of Yakima and Spokane County to arrange joint cooperative purchases of certain goods and services. Pursuant to Chapter 39.34 RCW Interlocal Cooperation Act, the City of Yakima's Communications Division has requested this agreement be administered in order to purchase Avaya (formally Lucent Technologies) telephone system equipment and upgrades. The purchase of this equipment has been deliberated by council and approved through the year 2001 budget process. Spokane County has already gone out for formal sealed bid for the new Avaya equipment and awarded a contract. Execution of this agreement will not only allow the City of Yakima to purchase Avaya Telephone equipment off Spokane County's contract without having to go through the formal bid process ourselves, it will also allow for future joint or cooperative purchases of goods and services. This agreement shall remain in effect until canceled by either party. Resolution X Ordinance _ Contract _ Other (Specify) Agreement Funding Source Law & Justice Ca.ital Funds & Convention Center Capital Funds APPROVED FOR SUBMITTAL: J �� City Manager STAFF RECOMMENDATION: Adopt the attached resolution to authorize and execute an Intergovernmental Cooperative Purchasing Agreement with Spokane County. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2001-417- 1 -2001 -. DLEGII A-1 Agenda & Res 1