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HomeMy WebLinkAboutR-2009-148 City - County Interlocal Purchasing Services Agreement and Budget AppropriationRESOLUTION NO. R-2009-148 A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute a City/County Purchasing Services and Interlocal Agreement between the City of Yakima and Yakima County for the provision of providing purchasing services to Yakima County. WHEREAS, RCW Chapter 39.34 authorizes the City of Yakima and Yakima County to enter into a contract for purchasing services that specifies the responsibilities of each party; and WHEREAS, the City and County have studied the possibility of consolidating purchasing services to reduce costs and increase the effectiveness of procurement in their respective jurisdictions; and WHEREAS, the City and County have determined there are significant economic, operational and strategic advantages to such a merger; and WHEREAS, the City and County have considered the anticipated costs of a consolidated purchasing function and the corresponding potential for efficiencies and savings; and WHEREAS, the City and County have determined that with cost sharing by the County, the City Purchasing Division possesses the human and administrative infrastructure and capacity to successfully fulfill the purchasing needs of both agencies; and WHEREAS, the City and County consolidation of purchasing functions is unique and will not only be the first consolidation of its type in Washington State, but the first identified in the nation over the past 30 years; and WHEREAS, the City and County consolidation is intended to serve as an example of inter-govemmental cooperation; and WHEREAS, the Intergovernmental Committee has reviewed and is in support of a consolidated purchasing operation; and WHEREAS, the City Council deems it to be in the best interest of both entities to affect such relationship, in accordance with the terms and conditions of the attached City/County Purchasing Services and Interlocal Agreement, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached and incorporated City/County Purchasing Services and Interlocal Agreement between the City of Yakima and Yakima County. ADOPTED BY THE CITY COUNCIL this 3`( day of ATTEST: kacbot rAl City Cle tuber, 2 / David Edler, Mayor CITY/COUNTY PURCHASING SERVICES AND INTERLOCAL AGREEMENT THIS PURCHASING SERVICES AGREEMENT ("Agreement") is entered into by and between the City of Yakima ("City"), a municipal corporation, and the County of Yakima ("County"), a Washington State political subdivision, under the authority and in conformance with RCW 39.34, the Interlocal Cooperation Act. WHEREAS, the City and County have studied the possibility of consolidating purchasing services as a means to reduce costs and increase the effectiveness of procurement in their respective jurisdictions; and WHEREAS, the City and County have determined there are significant economic, operational and strategic advantages to such a consolidation; and WHEREAS, the City and County have considered the anticipated costs of a consolidated purchasing function and the corresponding potential for efficiencies and savings; and WHEREAS, the City and County have determined that with cost sharing by the County, the City Purchasing Division possesses the human and administrative infrastructure and capacity to successfully fulfill the purchasing needs of both agencies; and WHEREAS, the Intergovernmental Committee has reviewed and is in support of a consolidated purchasing operation as provided for herein; and WHEREAS, the City Council and County Board of Commissioners deem it to be in the best interest of both entities to affect such relationship; NOW, THEREFORE, in consideration of the mutual promises and conditions contained herein, the parties hereto agree as follows: 1. PURPOSE. The purpose of this Agreement is to set forth the terms and conditions upon which the parties agree to consolidate their individual purchasing services and to enumerate other related provisions that contribute to their mutual benefit. 2. DURATION. This Agreement shall become effective on November 1, 2009 and shall remain in effect until terminated by either party, in accordance with Section 16 of this Agreement. 3. PURCHASING SERVICES. The parties agree that the most effective way to consolidate purchasing services is for Yakima County to cease all purchasing operations as set forth in this agreement and for the City of Yakima to assume providing such services to the County. Therefore, the parties agree that at midnight on October 31, 2009, the County will cease its purchasing operations and confer sole responsibility for monitoring, supervising, and in all other respects its purchasing services to the City. Page 1 of 7 4. TRANSFER OF COUNTY EMPLOYEES. Candidates for new positions created as a result of this agreement shall be required to compete per the City of Yakima Charter Civil Service Rules. No transfer of employees is provided for in this agreement. 5. CONTRACTUAL PAYMENT. In exchange for and in consideration of the services to be performed by the City pursuant to this Agreement, for the first year of this agreement, the County agrees to pay the City fifty percent (50%) of the City's annual purchasing budget, less the cost of a temporary Department Assistant II that will be hired in 2010 to conduct manual data entry in lieu of an E -Procurement system, and less the amount for an E -Procurement system. For 2010, the fifty percent (50%) County payment shall be Two Hundred Seven Thousand Eighty Seven Dollars ($207,087) which amount shall be paid to the City in twelve (12) equal installments of Seventeen Thousand Two Hundred Fifty Seven Dollars and Twenty Five Cents ($17,257.25). The City shall submit an invoice to the County for services provided within thirty (30) days of the conclusion of each month in 2010. The County shall make payment to the City no later than thirty (30) days following receipt of the invoice. For years 2011 and beyond, the parties agree to confer during 2010 and develop cost-sharing methodology reflective of actual costs. In addition, as the consolidation becomes effective November 1, 2009, the County shall pay fifty percent (50%) of the additional salaries for 2009, for the two new staff positions required for the consolidated operation during the period between November 1, 2009 and December 31, 2009, in the amount of Eighteen Thousand Two Hundred Fifty Nine Dollars ($18,259) which shall be due and payable before December 31, 2009. This amount may be adjusted, depending upon when the new employees actually start work. 6. COUNTY PURCHASING OFFICE EQUIPMENT AND FILES. All purchasing office files and the two existing County purchasing computers shall become the property of City Purchasing on November 1, 2009. All real and personal property that is acquired through this agreement shall be and remain the property of the City. 7. E -PROCUREMENT. At such time as the parties agree to acquire an E -Procurement system, said acquisition shall be subject to a contractual agreement that is mutually acceptable to the Parties. 8. CITY RESPONSIBILITIES. • Meet the Mission/Vision/Goals established (EXHIBIT A, copy attached); • Perform as the lead agency for purchasing services and ensure compliance purchasing requirements for the County; • Provide all necessary personnel, equipment and facilities to provide described herein. • Establish and maintain excellent communications with County staff purchasing services provided through this agreement. 9. COUNTY RESPONSIBILITIES. • Decentralize purchasing below Five Thousand Dollars ($5,000); • Establish Satellite Buyers; • Institute a P -Card program; Page 2 of 7 with all legal the services utilizing the • Participate in the E -Procurement system per Section 7; 10. RE -NEGOTIATIONS. The City and County representatives agree to meet annually at least thirty (30) days prior to the anniversary date of this Agreement to review the Purchasing Budget and to assess whether additional consideration is merited for the continued performance under this Agreement, or whether adjustments to level of service provided through this agreement are necessary. In the event that additional consideration is deemed merited by mutual agreement of the Parties, an agreement setting forth the results of such re -negotiations shall be in writing and executed by the parties as an addendum to this Agreement. The City Manager has the authority to execute such an addendum on behalf of the City. During re -negotiations, the terms of this Agreement shall remain in full force and effect. 11. DATA TRANSFER. Upon execution of this Agreement, the City will begin working with the County to effectuate the transfer of data necessary for City to perform its obligations under this Agreement. The use of County data by the City shall be pursuant to any and all applicable laws and regulations, including laws and regulations pertaining to confidentiality of data transferred from the County to the City pursuant to this Agreement. Information that is prohibited from public disclosure shall be kept in full confidence by the City and shall not be revealed to any other person, firm, organization, or entity, except as required by law. 12. IMPLEMENTATION. The County and the City shall be jointly responsible for implementation and proper administration of this Agreement. The Procurement Manager will be responsible to oversee implementation of this Agreement, however, resolution of unresolved implementation issues may require action by the governing bodies. 13. INDEPENDENT CONTRACTOR. The City shall be solely responsible for compensating its employees, and for paying all related taxes, deductions, and assessments, including but not limited to, federal income tax, FICA, social security tax, assessments for unemployment and industrial injury, and other deductions from income which may be required by law or assessed against either party as a result of this Agreement. The County understands and expressly agrees that the County, the County Purchasing Department, and the County's employees, officials, and agents are not City employees and the County shall make no claim of employment nor shall claim against the City any employment benefits, social security, and/or retirement benefits. 14. COMPLIANCE WITH LAW. Parties to this Agreement shall comply with applicable federal, state and local laws, rules and regulations in carrying out the terms and conditions of this Agreement. 15. LIABILITY a. To the maximum extent permitted by law, the County shall protect, defend, indemnify, and hold harmless the City of Yakima, its elected officials, officers, employees, and agents from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, litigation, and other proceedings, and all judgments, awards, costs and expenses, including attorneys' fees and disbursements, arising out of or in connection with the negligent acts or omissions of Yakima County or its agents. Page 3 of 7 b. To the maximum extent permitted by law, the City shall protect, defend, indemnify, and hold harmless Yakima County, its elected officials, officers, employees and agents from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, litigation, and other proceedings, and all judgments, awards, costs and expenses, including attorneys' fees and disbursements, arising out of or in connection with the negligent acts or omissions of the City or its agents. c. If any claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, litigation, or other proceedings, arise out of or in connection with the negligent acts and/or omissions of both Yakima County and the City of Yakima or their agents pursuant to this Agreement, each party shall be responsible for its proportionate share of for any resulting judgments, awards, costs and expenses, and for its attorneys' fees and disbursements,. d. Notwithstanding any provision to the contrary, the terms of this section shall survive any expiration or termination of this Agreement. 16. TERMINATION. Termination of this Agreement by either party may be accomplished on one hundred eighty (180) days written notice to the other party of the intent to terminate the Agreement. All costs that have accrued up to the date of termination shall be allocated according to the terms of this agreement. Further, actual costs associated with termination and separation of merged purchasing services shall be reasonably allocated and reimbursed by the parties. 17. DISPUTE RESOLUTION. Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to litigation in a court of competent jurisdiction. The City and County shall endeavor to resolve claims, disputes and other matters in question between them by mediation which, unless the parties mutually agree otherwise, shall be administered by the American Arbitration Association in accordance with mediation procedures in effect on the date of the Agreement. A request for mediation shall be made in writing, delivered to the other party to the Agreement, and filed with the person or entity administering the mediation. The request may be made concurrently with the filing of a complaint but, in such event, mediation shall proceed in advance of other proceedings, which shall be stayed pending mediation for a period of ninety (90) calendar days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in Yakima, Washington. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. If the parties do not resolve a dispute through mediation pursuant to this Section the dispute shall be resolved through litigation in a court of competent jurisdiction. 18. INTEGRATION, SUPERSESSION, AND MODIFICATION. This Agreement sets forth all of the terms, conditions, and agreements of the parties relative to the subject matter hereof and supersedes any and all prior negotiations, discussions, agreements, and understandings Page 4 of 7 between the parties as to the subject matter hereof. There are no terms, conditions, or agreements with respect thereto, except as herein provided and no amendment or modification of this Agreement shall be effective unless reduced to writing and executed by the parties. 19. NONDISCRIMINATION PROVISION Neither party shall discriminate against any person on the grounds of race, creed, color, religion, national origin, sex, age, marital status, political affiliation, sexual orientation, or belief of the presence of any sensory, mental or physical handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act (42 USC 12110 et seq.). In the event of the violation of this provision, the other party may terminate this Agreement immediately. 20. ASSIGNMENT This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or part by the County or City to any other person or entity without the prior written consent of both parties. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of the assignor as are stated herein. 21. AMENDMENT This Agreement shall be amended only by written mutual consent of the. parties. Amendments to this agreement may be initiated by either of the parties and shall become final after agreement by all parties and appropriate signatories are attached. 22. NON -WAIVER The failure of either party to insist upon strict performance of any provision of this Agreement or to exercise any right based upon a breach thereof or the acceptance of any performance during such breach shall not constitute a waiver of any right under this agreement. 23. SEVERABILITY If any portion of this Agreement is changed per mutual written agreement of the parties, or if any portion of this Agreement is held invalid, the remainder of the Agreement shall remain in full force and effect. 24. INTEGRATION This written document constitutes the entire Agreement between the City and the County. There are no other written agreements between the parties as to the subjects covered herein. No changes or additions to this Agreement shall be valid or binding upon either party unless such change or addition are in writing and executed by both parties. 25. NOTICES Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand -delivered to the parties to their addresses as follows: City of Yakima Richard A. Zais, City Manager 129 N. 2nd Street Page 5 of 7 Yakima County: Yakima, WA 98901 Craig Warner, Budget Director 128 N. 2nd Street Yakima, WA 98901 or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid, or hand -delivered. Such notices shall be deemed effective when mailed or hand -delivered to the named representatives at the addresses specified above. 26. GOVERNING LAW AND VENUE This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Litigation necessary to resolve disputes not otherwise decided in accord with the provisions of Section 17, above, shall be decided in the Yakima County Superior Court. 27. APPROVAL Each party shall approve this Agreement as specified by the laws and ordinances of the governing body of each party. The attested signatures of the City Manager and the Yakima County Commissioners below shall constitute a presumption that such approval was properly obtained. CITY OF YAKIMA 4r. it R.A. Zais, J yManager Date: ATT City Clerk City Contract No. Resolution No. g -,460 -/if /I / _Slog YAKIM e COUNTY lliott, Chairman Approved as to form: City Attorney Michael D. Leita, Commissioner KettEid Kevin J. Bouchey, Commissioner Constituting the Board of County Commissioners for Yakima County, Washington Date: ATTES Christina S. Steiner Clerk of the Board Approved as to form: ►�4-e-C�n,I,Q, °A/44.uvvd Deputy Prosecuting Attorney Page 6 of 7 •Use a cooperative, collaborative approach in understanding customers' needs while helping to expedite purchasing processes. • Ensure processes are consistent, timely, efficient, seamless, and promote legal compliance and fiscal responsibility. • Provide easy to use tools and accessible information which allows customers to provide services to the public. • Provide services in a professional, knowledgeable, and respectful manner. • Look for opportunities to be innovative and resourceful and to leverage the combined purchasing power of the City and County. • Ensure public funds are responsibly \ knowledgeable employees. spent in a transparent and fair manner. J \` VISION MISSION Purchasing facilitates the timely procurement of goods and services to help customers fulfill their missions by providing cost effective opportunities to purchase quality goods and services at the best value while conducting business in a legal, fair, open, and competitive manner. GOALS Maintainand expand relationships with vendors and purchasing organizations, and promote fair and equitable opportunities for vendors. • Educate City and County departments on the services provided by Purchasing and their legal requirements and obligations. • Develop seamless procurement processes and procedures that comply with each jurisdiction's legal requirements. • Develop and utilize cost-effective methods for purchasing using best management practices and technological tools, where appropriate. • Maximize the efficiency and effectiveness of administrative policies, internal operations, and public information. • Create and maintain a positive and cooperative culture that respects employees, customers and vendors. • Hire and retain professional, well trained, and "QUALITY SERVICE, RESPONSIBLE PUBLIC PROCUREMENT" tan'ittN EXHIBIT A Page 7 of 7 • • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. - 13 For Meeting Of November 3, 2009' ITEM TITLE: Consideration of legislation regarding purchasing services to Yakima County: A. A Resolution authorizing the City Manager to execute an interlocal Agreement between the City of Yakima and Yakima County for the provision of purchasing services to Yakima County; and B. An Ordinance amending the 2009 budget and making an $18,259 appropriation in the 000 -General Fund, Purchasing Division (Read Ordinance by title only, second reading scheduled for November 17, 2009) SUBMITTED BY: Dave Zabel!, Assistant City Manager CONTACT PERSON/TELEPHONE: Dave Zabel!, Assistant City Manager Sue Ownby, Purchasing Manager/576-6695 SUMMARY EXPLANATION: In an effort to improve efficiencies, the City/County Intergovernmental Committee undertook an effort to evaluate the potential advantages of consolidatingthe City and County purchasing operations. A preliminary study conducted in 2008 by the National Institute of Govemmental Purchasing (NMGP) indicated that a consolidation could benefit both the City and the County by centralizing purchasing operations and taking advantage of economies of scale. A more detailed review was then conducted earlier this year by the Kirkland, Washington consulting firm FCS Group, which confirmed that a consolidation would provide a better level of service for the County while still allowing the City to maintain the high standards that that it had established for its purchasing functions. (continued on next page) Resolution . X Ordinance X Other (Specify) Contract X ' Mail to (name and address): Phone: Funding Source General Fundent for Services by Yakima County APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: A. Adopt Resolution B. Read the attached Ordinance by title only at the November 3, 2009 meeting. Pass ordinance after second reading at the November 17, 2009 Council Meeting. BOARD/COMMISSION RECOMMENDATION: The Intergovernmental Committee recommends proceeding approval of the City/County Purchasing Services and interlocal , Agreement. COUNCIL ACTION: The FCS Group was also tasked to work with the .City and County in developing an implementation plan for consolidation. For several reasons, the FCS Group study recommended that the City Purchasing Division be expanded to provide purchasing services for both agencies. This effort required considerable effort and coordination on the part of the City and County, which in part has led to the success of the effort. Subsequent to the completion of the FCS Group study, the City Council and Board of County Commissioners directed their respective staffs to develop and Interlocal agreement (ILA). As proposed in the ILA, the City will administer purchasing services for the County operating out of City Hall. This consolidation of City and County purchasing operations is unique, and in fact, is the first such consolidation in Washington State and nationally is the first of its kind in over three decades. As the consolidation will be effective November 1, 2009, attached for your consideration is a balanced appropriation amending the purchasing budget $18,259 to provide for additional salaries for the two new staff positions required for the consolidation of purchasing services for two months to the end of the year, along with the additional revenue to be paid by Yakima County. For 2010, the County shall reimburse the City fifty percent (50%) of the purchasing budget which is $207,087, which is Tess $19,049 for temporary salaries. Per the ILA, reimbursement shall be billed to the County monthly in 12 equal installments. • • CITY/COUNTY PURCHASING SERVICES AND INTERLOCAL AGREEMENT AMENDMENT NO. 1 THIS PURCHASING SERVICES AGREEMENT AMENDMENT ("Amendment") is entered into by and between the City of Yakima ("City"), a municipal corporation, and the County of Yakima ("County"), a Washington State political subdivision, under the authority and in conformance with RCW 39.34, the Interlocal Cooperation Act. WHEREAS, City Contract No. 2009-129 was entered into November 6, 2009 between the City and the County, which merged their respective Purchasing functions, with the City being the lead agency; and WHEREAS, the merged function has been in existence for two years and, based upon workload, there is a need to adjust the contractual payment; and WHEREAS, it has been determined that the County's allocation of Purchasing's total budget should be increased from fifty percent (50%), to fifty seven percent (57%); and WHEREAS, re -negotiations are allowed under item 10 of the existing agreement; and WHEREAS, all other terms and conditions of said contract shall remain unchanged; and WHEREAS, the City Council and County Board of Commissioners deem it to be in the best interest of both entities to affect an increase of the allocation; NOW, THEREFORE, in consideration of the mutual promises and conditions contained herein, the parties hereto agree to amend paragraphs 5 and 25 of the underlying City/County Purchasing Services and Interlocal Agreement to read as follows: 5. CONTRACTUAL PAYMENT: In exchange for and in consideration of the services to be performed by the City pursuant to this Agreement, the County agrees to pay the City fifty seven percent (57%) of the City's annual purchasing budget, up to and not to exceed $300,578.00. For 2012, the fifty seven (57%) County payment shall be Three Hundred Thousand, Five Hundred Seventy Eight Dollars and zero cents. ($300,578.00). The City shall submit an invoice to the County for services provided within thirty (30) days of the conclusion of each month in 2012. The County shall make periodic monthly payments in the amount of $25,048.16 to the City no later than thirty (30) days following receipt of the invoice. 25. NOTICES: Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand -delivered to the parties to their addresses as follows: City of Yakima Donald B. Cooper, City Manager 129 N. 2nd Street Yakima, WA 98901 Page 1 of 2 Yakima County: Craig Warner, Budget Director 128 N. 2nd Street Yakima, WA 98901 APPROVAL Each party shall approve this Amendment as specified by the laws and ordinances of the governing body of each -party. The attested signatures of the City Manager and the Yakima County Commissioners below shall constitute a presumption that such approval was properly obtained. CITY OF YAKIMA Donald B. Cooper, C. Manager Date: /// /// ATTEST: City Clerk City Contract No. Resolution No. ZGoq— /Lie Approved as to form: City A YAKIMA COUNTY J. Rand Elliott, Commissioner :ter Michael D. Leita, Commissioner Constituting the Board of County \\\\\ ( PKtMA co''% Commissioners for Yakima Cour of WASA�•...,) Washington oma:1--- �c = T•` t,s o'-. .' - •. ®- • • Date: lc' ii/ii %�o� .�o�\; ATTEST: �� �''�'�ittti��` Tiera Girard Clerk of the B d A . . roved as to form: Mandy Burkett Deputy Clerk of the Board BOCC645-2011 ovember 22, 2011 eputy Prosecuting Attorney w5A #3540 Page 2 of 2 CITY/COUNTY PURCHASING SERVICES AND INTERLOCAL AGREEMENT AMENDMENT NO. 2 THIS PURCHASING SERVICES AGREEMENT AMENDMENT ("Amendment") is entered into by and between the City of Yakima ("City"), a municipal corporation, and the County of Yakima ("County"), a Washington State political subdivision, under the authority and in conformance with RCW 39.34, the Interlocal Cooperation Act. WHEREAS, City Contract No. 2009-129 was entered into November 6, 2009 between the City and the County, which merged their respective Purchasing functions, with the City being the lead agency; and WHEREAS, the merged function has been in existence for three years and was amended previously in 2011; and WHEREAS, based upon actual time currently being spent on workload, there is a need to adjust the contractual payment allocation; and WHEREAS, it has been determined that the County's allocation of Purchasing's total budget should be decreased to 49% and the City's allocation of the total Purchasing budget increased to 51%; and WHEREAS, re -negotiations are allowed under item 10 of the existing agreement; and WHEREAS, all other terms and conditions of said contract shall remain unchanged; and WHEREAS, the City Manager and County Board of Commissioners deem it to be in the best interest of both entities to affect an adjustment of the current budget allocation; NOW, THEREFORE, in consideration of the mutual promises and conditions contained herein, the parties hereto agree to amend paragraph 5 of the underlying City/County Purchasing Services and Interlocal Agreement by establishing the allocation of the Purchasing Department's total annual budget for the years 2013 and beyond to be forty nine percent (49%) County responsibility and fifty one percent (51%) City responsibility. 27. APPROVAL Each party shall approve this Amendment as specified by the laws and ordinances of the governing body of each party. The attested signatures of the City Manager and the Yakima County Commissioner • shall constitute a presumption that such approval was properly obtained. CITY !J F YAKI , City Manager YAKIMA COUNTY Page 1 of 2 t /r Elliott, Chairman Date: 1a --(O` l� AT . Leita, Co missioner City Clerk" City Contract No. Resolution No. 0249 Approved as to form: City A 9 uchey, Commissioner ting the Board of County Commissioners fo W'akima County, Washington Date: DekcVY‘bel( 1‘ 2rDi ATd'EST: Tiera Girard Clerk of the Board App Deputy • Page 2 of 2 ecuting Attorney CITY/COUNTY PURCHASING SERVICES AND INTERLOCAL AGREEMENT AMENDMENT NO. 3 THIS PURCHASING SERVICES AGREEMENT AMENDMENT ("Amendment") is entered into by and between the City of Yakima ("City"), a municipal corporation, and the County of Yakima ("County"), a Washington State political subdivision, under the authority and in conformance with RCW 39.34, the Interlocal Cooperation Act. WHEREAS, City Contract No. 2009-129 was entered into November 6, 2009 between the City and the County, which merged their respective Purchasing functions, with the City being the lead agency; and WHEREAS, the merged function has been in existence for four years and was amended previously in 2012; and WHEREAS, based upon actual time currently being spent on workload, there is a need to adjust the contractual payment allocation; and WHEREAS, it has been determined that the County's allocation of Purchasing's total budget should be decreased to 45% and the City's allocation of the total Purchasing budget increased to 55%; and WHEREAS, re -negotiations are allowed under item 10 of the existing agreement; and WHEREAS, all other terms and conditions of said contract shall remain unchanged; and WHEREAS, the City Manager and County Board of Commissioners deem it to be in the best interest of both entities to affect an adjustment of the current budget allocation; NOW, THEREFORE, in consideration of the mutual promises and conditions contained herein, the parties hereto agree to amend paragraph 5 of the underlying City/County Purchasing Services and Interlocal Agreement by establishing the allocation of the Purchasing Department's total annual budget for the years 2014 and beyond to be forty five percent (45%) County responsibility and fifty five percent (55%) City responsibility. 27. APPROVAL Each party shallapprove this Amendment as specified by the laws and ordinances of the governing body of each party. The attested signatures of the City Manager and the Yakima County Commissioners below shall constitute a presumption that such approval was properly obtained. CIT OF YAKIMA YAKIMA COUNTY Tony O'Rourke City anager Michael D. Leita, Chairman Page 1 of 2 Date: City Cler City Contract No. Resolution No Approved as to form: / JI �— t.L.., , 1J.: • hey, Commissioner J. R.r lliott, Commissioner Constituting the Board of County Commissioners for Yakima County, Washington Date: Dece rn bey. go, D'3 Tiera Girard Clerk of the Board Approved as to form: ,F( 1U Welt ����\\�F1 1 1 I Si, /1 /iii C; 'k ° V1,fJ�•r'�i Deputy Prosecuting Attorney Page 2 of 2 BOCC710-2013 December 30, 2013 0.0_ CITY/COUNTY PURCHASING SERVICES AND INTERLOCAL AGREEMENT AMENDMENT NO. 4 THIS PURCHASING SERVICES AGREEMENT AMENDMENT ("Amendment") is entered into by and between the City of Yakima ("City"), a municipal corporation, and the County of Yakima ("County"), a Washington State political subdivision, under the authority and in conformance with RCW 39.34, the Interlocal Cooperation Act. WHEREAS, City Contract No. 2009-129 was entered into November 6, 2009 between the City and the County, which merged their respective Purchasing functions, with the City being ti the lead agency; and WHEREAS, the merged function has been in existence for five years and was amended previously in 2013; and WHEREAS, based upon actual tracked staff time spent on workload, there is a need to adjust the contractual payment allocation; and WHEREAS, it has been determined that the County's allocation of Purchasing's total budget should be increased from 45% to 46% and the City's allocation increased decreased from 55% to 54%; and WHEREAS, every year the respective budgets are estimates and do not usually match exactly what has been spent the previous year in terms of time and money; to resolve this inaccuracy, the City of Yakima will adjust the .actual annual billing allocations to reflect the City and County's actual costs by January 15th of the subsequent year, to either refund Yakima County's excess payments or bill Yakima County for any overages; and WHEREAS, re -negotiations are allowed under item 10 of the existing agreement; and WHEREAS, all other terms and conditions of said contract shall remain unchanged; and WHEREAS, the City Manager and County Board of Commissioners deem it to be in the best interest of both entities to affect an adjustment of the current budget allocation; NOW, THEREFORE, in consideration of the mutual promises and conditions contained herein, the parties hereto agree to amend paragraph 5 of the underlying City/County Purchasing Services and Interlocal Agreement by establishing the allocation of the Purchasing Department's total annual budget for the years 2015 and beyond to be forty six percent (46%) County responsibility and fifty five percent (54%) City responsibility. APPROVAL Each party shall approve this Amendment as specified by the laws and ordinances of the governing body of each party. The attested signatures of the City Manager and the Yakima Page 1 of 2 County Commissioners below shall constitute a presumption that such approval was properly obtained. OF YAKI BOARD OF YAKIMA COUNTY COMMISSIONERS Tony O'Ro rke, City Manager Date: EST: �' I-: 1 ' '` Y477 \:-r' -� 1 �^�/ 0 c_ t p --- _ City Clerk Approved as to form: z(*e- City t ey cc o dam' J. R ey, Chairman Elliott, Commissioner Michae D. Leita, Commissioner Constituting the Board of County Commissioners for Yakima County, Washington ATTEST: Tiera Girard Clerk of the Board Approved as to form: Deputy4ct/aLt �Prosecutingne Y Page 2 of 2 BOCC556-2014 December 30, 2014 CITY/COUNTY PURCHASING SERVICES AND INTERLOCAL AGREEMENT AMENDMENT NO. 5 THIS PURCHASING SERVICES AGREEMENT AMENDMENT ("Amendment") is entered into by and between the City of Yakima ("City"), a municipal corporation, and the County of Yakima ("County"), a Washington State political subdivision, under the authority and in conformance with RCW 39.34, the Interlocal Cooperation Act. WHEREAS, City Contract No. 2009-129 was entered into November 6, 2009 between the City and the County, which merged their respective Purchasing functions, with the City being the lead agency; and WHEREAS, the merged function has been in existence for six years and was amended previously in 2014; and WHEREAS, based upon actual tracked staff time spent on workload, there is a need to adjust the contractual payment allocation; and WHEREAS, it has been determined that the County's allocation of Purchasing's total budget should be increased from 46% to 47% and the City's allocation increased decreased from 54% to 53%; and WHEREAS, every year the respective budgets are estimates and do not usually match exactly what has been spent the previous year in terms of time and money; to resolve this inaccuracy, the City of Yakima will adjust the actual annual billing allocations to reflect the City and County's actual costs by January 15th of the subsequent year, to either refund Yakima County's excess payments or bill Yakima County for any overages; and WHEREAS, re -negotiations are allowed under item 10 of the existing agreement; and WHEREAS, all other terms and conditions of said contract shall remain unchanged; and WHEREAS, the City Manager and County Board of Commissioners deem it to be in the best interest of both entities to affect an adjustment of the current budget allocation; NOW, THEREFORE, in consideration of the mutual promises and conditions contained herein, the parties hereto agree to amend paragraph 5 of the underlying City/County Purchasing Services and Interlocal Agreement by establishing the allocation of the Purchasing Department's total annual budget for the years 2016 and beyond to be forty seven percent (47%) County responsibility and fifty three percent (53%) City responsibility. APPROVAL Each party shall approve this Amendment as specified by the laws and ordinances of the governing body of each party. The attested signatures of the City Manager and the Yakima Page 1 of 2 County Commissioners below shall constitute a presumption that such approval was properly obtained. CITY OF YAKIMA Date: City Manager ()mem. DaL City Clerk City Contract No. ,,,,0409 -/.29 Resolution Noi'09'—/ tYP Approved a tojorm: City Attorney YAKIM COUNTY J. Ra d lli tt, Chairman 1';chael D. Leita_ Commissioner :r , t' sting the Board of County Commissioners r Yakima County, Washington ---- BOCC391-2015 December 15, 2015 Date: ATTEST: dA.PAC Tiera L. Girard Clerk of the Board Approved as to form: -644 ,e. W, d Deputy Prosecuting Attrney Page 2 of 2 CITY/COUNTY PURCHASING SERVICES INTERLOCAL AGREEMENT AMENDMENT NO. 6 THIS PURCHASING SERVICES AGREEMENT AMENDMENT ("Amendment") is entered into by and between the City of Yakima ("City"), a municipal corporation, and the County of Yakima ("County"), a Washington State political subdivision, under the authority and in conformance with RCW 39.34, the Interlocal Cooperation Act. WHEREAS, City Contract No. 2009-129 was entered into November 6, 2009 between the City and the County, which merged their respective Purchasing functions, with the City being the lead agency; and WHEREAS, the merged function has been in existence for seven years and was amended previously in 2015; and WHEREAS, there is a need to adjust the contractual payment allocation; and WHEREAS, based upon averaging tracked staff time over the past three years, it has been determined that the County's allocation should be fixed at 46.75% of Purchasing's total budget for 2017, plus a City Service Fee of (currently set at $3,779), less $40,962 savings for the elimination of County surplus disposal and Back -end Cayenta support; and WHEREAS, every year the respective budgets are estimates and do not usually match exactly what has been spent the previous year in terms of time and money; to resolve this inaccuracy, the City of Yakima will adjust the actual annual billing allocations to reflect the City and County's actual costs by January 15th of the subsequent year, to either refund Yakima County's excess payments or bill Yakima County for any overages; and WHEREAS, re -negotiations are allowed under item 10 of the existing agreement; and WHEREAS, all other terms and conditions of said contract shall remain unchanged; and WHEREAS, the City Manager and the County Board of Commissioners deem it to be in the best interest of both entities to affect an adjustment of the current budget allocation; NOW, THEREFORE, in consideration of the mutual promises and conditions contained herein, the parties hereto agree to amend paragraph 5 of the underlying City/County Purchasing Services and Interlocal Agreement by establishing the County's allocation of the Purchasing Department's total annual budget for the year 2017 to be 46.75% of Purchasing's total budget, plus City Service Fee of $3,779, minus surplus disposal and Cayenta back -end support of $40,962, for a net County cost allotment of $266,333 or $22,194.40 per month. APPROVAL Each party shall approve this Amendment as specified by the laws and ordinances of the governing body of each party. The attested signatures of the City Manager and the Yakima Page 1 of 2 County Commissioners below shall constitute a presumption that such approval was properly obtained. CITY OF YAKIMA /ice Cliff Ms o -, City Manager Date: Dec 01 it? A- JEST /? Zbt City Clerk (pm, 901 City Contract No. Zcnq - 12_9 Resolution No. -4K2009 _ lyg Approved as to form: • f;;t��:' Wad (Q .. r City Attorney YAKIMA COUNTY Michael D. Leita, Chairman ey, Commissioner J. Rand lliott, Commissioner ConsSituting the Board of County Commissioners .oxY1610 for Yakima County, Washington —q pR� 0 F Y . M .r c -e____ /3 �:?� ¢ 6• Date: ATTEST: a z: r Linda Kay O'Hara Deputy Clerk of the Board Clerk of the Board Approved as to form: Deputy Prosecuting Attorney Page 2 of 2 BOCC377-2016 December 13, 2016