HomeMy WebLinkAboutR-2007-025 City of Portland Oregon Intergovernmental AgreementRESOLUTION NO. R-2007 -25
A RESOLUTION authorizing and directing the City Manager and City Clerk of the City
of Yakima to execute an Intergovernmental Agreement for Interstate
Cooperation between the City of Yakima and the City of Portland,
Oregon
WHEREAS, the City of Yakima, desires to arrange for making cooperative
purchases of certain goods and services with the City of Portland; 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,
WHEREAS, pursuant to the provisions of RCW 39.34, the -City of Yakima may enter
into intergovernmental cooperative purchasing agreements with other public agencies in
order to allow the parties of said agreements to cooperatively purchase or acquire
supplies, equipment, and materials under contract and to utilize each other's contracts,
as needs arise; and
WHEREAS, The City of Portland is a governmental agency operating under the
legislative authority of Oregon Revised Statutes ORS 190.420 and ORS 279A.229 and
has agreed to enter into the attached agreement with the City of Yakima, which will
enable both entities to purchase off each others contracts;
WHEREAS, it is recommended to City Council that the City of Yakima enter into the
Intergovernmental Agreement for Interstate Cooperation with the City of Portland under
the terms and conditions set forth in the attached agreement, 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 the attached agreement for the purpose mentioned
above, a copy of which agreement, entitled "Intergovernmental Agreement for Interstate
Cooperation," is attached hereto and by reference made a part hereof.
ADOPTED BY THE CITY COUNCIL this 20th day of February, 2007.
ATTEST:
David Edler, Mayor
fi_e_xtyzaJL
O L
City Clerk
52 81 4
MAR 1 5 2007
INTERGOVERNMENTAL AGREEMENT FOR INTERSTATE COOPERATION
between
CITY OF YAKIMA, WASHINGTON Areal,
and / ilf, 1 9 2007
PURCHAsiNci 0114
This Intergovernmental Agreement for Interstate Cooperation (IGAIC) is entered into by and between the
City of Portland (Portland) acting by and through its Bureau of Purchases and the City of Yakima
(Yakima) acting by and through its Purchasing Department.
CITY OF PORTLAND, OREGON
This IGA is authorized pursuant to ORS 190 420 and ORS 279A.220 and becomes effective upon full
execution of this document. Under Oregon law, the City of Portland will be known as the administering
agency for contracts and price agreements and under Washington law, the City of Yakima will be known
as the purchasing agency. This IGA is authorized pursuant to Chapter 39 34 of the Revised Code of
Washington, Interlocal Cooperation Act and becomes effective upon full execution of this document.
PURPOSE
The cities of Portland and Yakima desire to work together in order to conduct cooperative interstate
procurements based upon contracts already in place at either location.
By this IGA, the City of Portland, Bureau of Purchases shall make numerous price agreements and City
contracts available for use by the City of Yakima. The City of Yakima will utilize the terms and
conditions of the City of Portland's contract, but shall be responsible for executing its own
contract with the awarded contractor for its requirements.
GENERAL PROVISIONS
1. Effective Date and Duration. This IGA is effective from the date of execution by both parties
Unless earlier terminated or extended, this IGA shall expire when the terms of this agreement no longer
satisfy the needs of either contractual party or December 31, 2012 The parties may agree to extend this
IGAIC for an additional five years in any increments provided that each extension is not less than one
year and no more than five years.
2. Statement of Work. The Statement of work, (the "Work") shall be limited to access and utilization
to the City of Portland's existing price agreements and contracts The City of Yakima agrees to execute
its own contract with the awarded contractor for its requirements in accordance with the terms and
conditions of this IGAIC and the City of Portland's price agreement or contract. Any such purchases shall
be between the Contractor and the City of Yakima and shall not impact the Contactor's obligation to the
City of Portland.
3 Consideration There will be no exchange of money for this agreement. Any contracts resulting
from either party's use of the contracts provided for under this agreement shall be in accordance with the
laws and rules of the purchasing agency
4. All reports, notices, and other communications required under or related to this IGA shall be
directed to the appropriate individual. Matters of contract administration shall be sent to the following
personnel.
1
Portland Bureau of Purchases
Purchases Manager: Christine Moody
Goods & Services Supervisor' Barb Gibson
Organization: City of Portland
Address. Bureau of Purchases
.1120 C'%A/ r:[LL. A..,........ 17.....,... 'len
1 ILV JVV Fifth Avenue, Room /AV
Portland, OR 97204
Phone' 503-823-0195 or 503-823-6995
Fax: 503-823-6865
Email: cmoody@ci portland or us
bgibson@ci.portland or.us
Yakima Purchasing Department
Project Manager* Sue Ownby
Organization: City of Yakima
Address: 129 N 2"' Street
Yakima, WA 98901
Phone.
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Fax: 509-576-6394
Email. sownbyci.yakima.wa.us
5 Entire Contract. This Agreement represents the entire Agreement between the parties. This
Agreement is a final, complete exclusive statement of the terms thereof, and supersedes and
incorporates any prior Agreement, understanding, representation and discussion between the parties
with respect thereto, whether they were written or oral.
6. Amendments. The Purchasing Director of the City of Portland is authorized to amend this
agreement on behalf of the City of Portland provided the amendment does not impose any additional
risks or impose additional cost to Portland
7 Termination This agreement may be terminated by either party ori 30 days written notice or such
termination to the other party
8. No Third -Party Beneficiary. Except as set forth herein, this Agreement is between the parties and
creates no third -party beneficiaries Nothing in this Agreement gives or shall be construed to give or
provide any benefit, direct, indirect or otherwise to third -parties
9. Conflict of interest; No Portland officer or employee, during his or her tenure or for one year
thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof.
10 Non -assignment. This Agreement shall not be assigned or transferred to another party without
the express written consent of both parties to the Agreement.
11 Captions The captions or headings in this IGA are for convenience only and in no way define,
limit or describe the scope or intent of any provisions of this IGA.
12. Choice of Venue Oregon law, without reference to any of its conflict of law provisions, shall
govern this IGAIC and all rights, obligations and disputes arising out of the IGAIC. Venue for all disputes
and litigation shall be in Multnomah County, Oregon
13 Severahi!ity/Su~Irviva! !f any one of the provisions contained in this !fvAtC held i lnnnnctitutinn
or unenforceable, the enforceability of the remaining provisions shall not be impaired All provisions
concerning the limitation of liability, indemnity, and conflicts of interest shall survive the termination of this
IGAIC for any cause
14 Arracc to Rarnrric Rnth nartiac anrt Chair rlrl!v aIIfhnri7ari ranracantativac cha!l haves amass to
r........... .ter............,....,.,,
the solicitation, bids or proposals, contract documents, and records that are directly pertinent to any
specific cooperative procurement for the purpose of examination, excerpts, budgeting, and determining
payment on behalf of their jurisdiction.
15 Compliance with Applicable Law. Both parties shall comply with all federal, state, and local laws,
regulations, executive orders and ordinances applicable to the Work under this IGA. Without limiting the
generality of the foregoing, parties expressly agree to comply with. (I) Title VI of Civil Rights Act of 1964;
(ii) Section V of the Rehabilitation Act of 1973, (iii) the Americans with Disabilities Act of 1990 and ORS
2
659.425; (iv) all regulations and administrative rules established pursuant to the foregoing laws; and (v)
all other applicable requirements of federal and state civil rights and rehabilitation statutes, rules and
regulations.
16. Insurance. Each contractual party shall be responsible for providing and maintaining their own
worker's compensation insurance or appropriate coverage as required by law. Neither party shall be
required to provide or show proof of any other insurance coverage.
17. Merger Clause. This IGA constitutes the entire agreement between the parties. No waiver,
consent, modification or change of terms of this IGA shall bind either party unless in writing and signed by
both parties. Such waiver, consent, modification or change, if made, shall be effective only in the specific
instance and for the specific purpose given. There are no understandings, agreements, or
representations, oral or written, not specified herein regarding this IGA.
City of Portland Bureau
By:
Name:
Title:
Date:
APPROVED AS TO F VI.'
APPROVED AS -O I'ORIV1
R
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Date: CITY ATTORNEY
365 607
3
CityQf Yakima;
By:
Name: R. A. Zags, Jr.
Title:
Date:
City e
,9 z�r
a r
APPROVED AS TO FORM:
Ai n
Date:
City Attorney, City of Yakima
CITY CONTRAC r NO:
,6007- iS
RESOLUTION NO: le- i-2OD% -25-
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 1 O
For Meeting of February 20, 2007
ITEM TITLE: A Resolution authorizing an Intergovernmental Agreement for
Interstate Cooperation between the City of Yakima and the City of
Portland, Oregon
SUBMITTED BY: Dave Zabell, Assistant City Manager — 575-6040
CONTACT PERSON: Sue Ownby, Purchasing Manager — 576-6695
SUMMARY EXPLANATION:
Staff respectfully requests approval of an agreement authorizing the City of Yakima and the
City of Portland, Oregon to arrange joint cooperative purchases of certain goods and
services.
Pursuant to Chapter 39.34 RCW Interlocal Cooperation Act, the Fire Department has
requested this agreement be administered with the City of Portland in order to purchase
turnout gear that the City of Portland has already conducted a formal sealed bid process on.
It should be noted, however, that the Fire Department has since formed a turnout gear
committee and may choose not to utilize this agreement, nonetheless, it is in the best
interests of the city to execute this agreement for future joint cooperative purchases of goods
and services. The City of Portland is authorized pursuant to Oregon Revised Statutes ORS
190.420 and ORS 279A.220 to execute this agreement, which allows other governmental
agencies to utilize each others contracts, reducing the cost of purchased goods by leveraging
their combined purchasing powers.
Resolution Ordinance _ Contract _ Other (Specify)Agreement
Funding Source:
City Manager
APPROVED FOR SUBMITTAL:
STAFF RECOMMENDATION: Staff respectfully requests that the City Council adopt this
Resolution authorizing and directing the City Manager and City Clerk of the City of Yakima
to execute the Intergovernmental Agreement for Interstate Cooperation with the City of
Portland, Oregon.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: