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Home My WebLink AboutR-2011-073 Intergovernmental Cooperative Purchasing Agreement with the City of Spokane RESOLUTION NO. R- 2011 -73 A RESOLUTION authorizing the execution of an Intergovernmental Cooperative Purchasing Agreement with the City of Spokane. WHEREAS, the City of Yakima and the City of Spokane 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 the City of Spokane for the purpose mentioned above, a copy of which agreement, entitled "Interlocal Procurement Agreement," is attached hereto and by reference made a part hereof. ADOPTED BY THE CITY COUNCIL this 17 day of May, 2011. 4 '44d 06 Micah Cawley, Mayor ATTEST: d ., City Clerk g- d-0!1 - 7 .3 nt aor - V9 Return to: Purchasing Division City of Spokane 4 Floor — City Hall 808 West Spokane Falls Boulevard Spokane, Washington 99201 INTERLOCAL PROCUREMENT AGREEMENT THIS AGREEMENT is between the CITY OF SPOKANE, a Washington State municipal corporation, whose business address is 808 West Spokane Falls Boulevard, Spokane, Washington 99201, and City of Yakima, whose address is 129 N 2nd Street, Yakima, WA 98901. WI'TNESSETH: WHEREAS, the Washington State Interlocal Cooperation Act (Chapter 39.34 of the Revised Code of Washington) provides for interlocal cooperation between governmental agencies; and WHEREAS, both parties are required to make certain purchases by formal advertisement and bid process, which is a time consuming and expensive process; and it is in the public interest to cooperate in the combination of bidding requirements to obtain the most favorable bid for each party where it is in their mutual interest; and WHEREAS, . the parties also wish to utilize each other's contracts where 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 disposition of property where such mutual effort can be planned in advance and to 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 othergovernmental agencies. 2. ADMINISTRATION. No new or separate legal or administrative entity is created to administer the provisions of this agreement. 3. SCOPE. This agreement shall allow the following activities: 1 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 by each party where provision has been provided in 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. 4. DURATION AGREEMENT - TERMINATION. This agreement shall remain in force until canceled by either party in writing. 5. RIGHT TO CONTRACT INDEPENDENTLY. 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 a provision disclosing that other authorized governmental agencies may also wish to procure the goods 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. agreed in writing. Neither party may assign this agreement without 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 2 consequences of any act or omission of any person, firm or corporation not a party to this agreement. 12. SEVERABILITY. Any provision of this agreement, which is prohibited or unenforceable, shall be ineffective to the extent of such prohibition or unenforceability, without invalidating the remaining provisions or affecting the validity or enforcement of such provisions. Dated: 1/7/1/ • CITY OF SPOKANE G1 ® ' ; ! , �• _ omas E. Danek, J . ] i/' i# itle: Gity Administrator � < ,, �tY Ur spua� ali Attest: CA;},i i m s pproved as to form: I City Clerk " - '', Assistant City Attorney ;SEAL ; Atte y Dated: 5 /8; !l 4�� .. * ® � •� s /l� -�.;� ` „ Spokane City Clerk CITY OF YAKIMA By: "c ael A. Morales, Acting Title: City Manager Attest: Title: City Clerk • CITY CONTRAC r NO: ,R011 -4- r RESOLUTION N0:¢ Y- ( -7 3 3 BUSINESS OF THE CITY COUNCIL ® YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of May 17, 2011 ITEM TITLE: Intergovernmental Cooperative Purchasing Agreement with City of Spokane SUBMITTED BY: Michael Morales, Acting Assistant City Manager CONTACT PERSON/TELEPHONE: Maria Mayhue, Purchasing Senior Buyer — 575 -6094 SUMMARY EXPLANATION: Staff respectfully requests approval of an agreement authorizing the City of Yakima and the City of Spokane, to arrange joint cooperative purchases of certain goods and services. Pursuant to Chapter 39.34 RCW Interlocal Cooperation Act, the City of Yakima Refuse Division has .requested this agreement be administered in order to piggy -back off City of Spokane contracts. The City of Spokane in turn, will be authorized to piggy -back off City of Yakima contracts. This agreement shall remain in effect until canceled by either party. Resolution X Ordinance _ Other (Specify) Contract X Mail to (name and address): Funding Source: N APPROVED FOR SUBMITTAL: \ �� City Manager STAFF RECOMMENDATION: Adopt a Resolution to authorize and execute an Intergovernmental Cooperative Purchasing Agreement with the City of Spokane. BOARD /COMMISSION RECOMMENDATION: COUNCIL ACTION: