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HomeMy WebLinkAboutR-2003-147 Intergovernmental Cooperative Purchasing Agreement w/ City of Durham, North CarolinaRESOLUTION NO. R-2003 -147 A RESOLUTION authorizing the execution of an Intergovernmental Cooperative Purchasing Agreement with the City of Durham, North Carolina WHEREAS, the City of Yakima and the City of Durham, North Carolina, 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 Durham, North Carolina 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 2nd day of December , 2003. ATTEST: CITY CLERK 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, the CITY OF DURHAM, NORTH CAROLINA, both public agencies, 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 the City of Durham, North Carolina. (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 Transit Administrator of the City of Durham, North Carolina, 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 , 2003. , 2003. CITY OF YAKIMA By: By: R.A. Zais, Jr., City Manager Subscribed and sworn to me this Subscribed and sworn to me this day of , 2003 day of , 2003 Notary Public in and for the State of Notary Public in and for the State of Washington, residing at Washington, residing at My commission expires My commission expires ATTEST: ATTEST: Karen S. Roberts, City Clerk City Contract # Resolution # DLEGII A-1 Agenda & Res 4 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. ` q For Meeting Of 12/02/03 ITEM TITLE: Intergovernmental Cooperative Purchasing Agreement with the City of Durham, North Carolina SUBMITTED BY: Glenn Rice, Assistant City Manager Chris Waarvick, Public Works Director CONTACT PERSON/TELEPHONE: Richard Wonner, Fleet Manager — 576-6412 Sue Ownby, CPPB, Purchasing Manager -- 576-66959 SUMMARY EXPLANATION: Staff respectfully requests approval of an agreement authorizing the City of Yakima and the City of Durham, North Carolina, to arrange joint cooperative purchases of certain goods and services. Pursuant to Chapter 39.34 RCW Interlocal Cooperation Act, the Equipment Rental Division has requested this agreement be administered in order to purchase three (3) Low Floor 35 Foot Diesel Transit Coaches for the City of Yakima Transit Division. The Cit of Durham, North Carolina, has already put these units out to bid and will allow the City to piggy -back on their contract. Execution of this agreement will also allow for future joint or cooperative purchases of goods and services between the City of Yakima and the City of Durham, North Carolina. This agreement shall remain in effect until canceled by either party. Resolution y_ Ordinance Contract _ Other (Specify)Agreement Funding Source: Transit Capital - - $662,382 APPROVED FOR SUBMITTAL: --- City Manager STAFF RECOMMENDATION: Adopt a resolution to authorize and execute an Intergovernmental Cooperative Purchasing Agreement with The City of Durham, North Carolina BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2003-147 12-3-2003: City of Durham advised they would not sign Yakima's Agreement. DLEGII A-1 Agenda & Res 1