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Home My WebLink AboutR-1998-164 Agreement / Intercity Transit / buses / Purchasing• RESOLUTION NO. R-98 -16 4 A RESOLUTION authorizing the execution of an Intergovernmental Cooperative Purchasing Agreement with Intercity Transit in Olympia WHEREAS, the City of Yakima and Intercity Transit 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 Intercity Transit 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. 77/ ADOPTED BY THE CITY COUNCIL this day of.) • ,1998. ATTEST: �� CITY CLERK DLEGII A-1 Agenda & Res 2 INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT THIS AGRREEMENT is made and entered into in triplicate this h p � _ day of 0,i1u r ,, 199 by and between INTERCITY TRANSIT, a Washington municipal corporation, an. THE CITY OF YAKIMA, hereinafter called "Public Agency", pursuant to Chapter 39.34 RCW and to other provisions of law, specifically RCW 39.23.080. FOR AND IN CONSIDERATION OF the covenants, terms and conditions set forth herein, the parties hereto agree as follows. 1. Intercity Transit, in contracting for the purchase of goods and services for itself, agrees to seek the same or similar terms for the Public Agency, where appropriate in Intercity Transit's sole discretion, to the extent permitted by law. 2. Whenever Intercity Transit has included in contracts with any vendor the authority for the purchase of goods and/or services by a public agency, the Public Agency may purchase on the same terms and conditions as Intercity Transit. Such purchase may be effected by a direct contract between the Public Agency and the vendor. Intercity Transit accepts no responsibility for the performance or suitability of any good or service to be provided by the vendor; and Intercity Transit accepts no responsibility for the payment of the purchase price by the Public Agency. 3. The method of financing or payment of purchases pursuant to this Agreement shall be through budgeted funds or other available funds of the Public Agency. Any goods or services procured by the Public Agency under this Agreement shall remain the exclusive property of or under control of said Public Agency. 4. This Agreement shall remain in force until canceled by either party in writing. 5. 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. Intercity Transit and the Public Agency each reserve the right to exclude the other from any particular purchasing contract, with or without notice. 6. 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 consequences of any act or omission of any person, firm or corporation not a party to this Agreement. The Public Agency agrees to defend, indemnify and hold harmless Intercity Transit, its officer, agents or employees from any claims, costs and/or demands arising out of or related to this Agreement. DLEGII A-1 Agenda & Res 3 7. Intercity Transit will contract for the purchase of goods and services according to the laws and regulations governing purchases by an on behalf of Intercity Transit. The Public Agency accepts responsibility for compliance with any additional or varying laws and regulations governing purchases by or on behalf of the Public Agency. 8. This Agreement may be amended, modified or supplemented only by a written instrument signed by each of the parties hereto. 9. This Agreement shall be construed in accordance with the laws of the State of Washington. Any action of law, suit in equity, or judicial proceeding for the enforcement of this Agreement or any provision thereof, shall be instituted and maintained only in Thurston County. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the date first hereinabove written. APPROVED this 1 day of APPROVED this c:2 / 42j -day of 1998. 1998. 0 INTERCITY TRANSIT By: Michael Harbour, General Manager 4441-1 Sub cribed and sworn to me this/ day of .► �OLet.. ,1998 L) i\lotdry Public in and for the State of Washington, residing at My commission expires ATTEST: DLEGII A-1 Agenda & Res 4 CITY OF AKIMA .A. Zais, Jr., City Ma Subscribed and sworn to of j , - ,1998 Notary Publi •-in and for the State o. Washington, residing at x.'11 -.k i' --- My commission expires ~ 1 ~ter . ATTEST: Karen S. Roberts, City Clerk - —0/ Contract No. Resolution No. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of 12/15/98 1'i'EM 1'1'I LE: Intergovernmental Cooperative Purchasing Agreement SUBMITTED BY: Glenn Rice, Assistant City Manager CONTACT PERSON/TELEPHONE: Bill Schultz, Transit Manager -- 576-6415 Sue Ownby, Purchasing Agent -- 576-6695 SUMMARY EXPLANATION: Request for approval of an agreement authorizing the City of Yakima and Intercity Transit in Olympia to arrange joint cooperative purchases of certain goods and services. Pursuant to Chapter 39.34 RCW Interlocal Cooperation Act, the City of Yakima Transit Division has requested this agreement be administered in order to purchase buses, which Intercity Transit has already sent out to formal sealed bid. Execution of their agreement will not only allow the City of Yakima Transit Division to purchase buses off Intercity Transit'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 _ Ordinance _ Contract Other (Specify)Agreement Funding Source City Manager APPROVED FOR SUBMITTAL: STAFF RECOMMENDATION: Adopt a resolution to authorize and execute an Intergovernmental Cooperative Purchasing Agreement with Intercity Transit in Olympia. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: DLEGII A -I Agenda & Res 1