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HomeMy WebLinkAboutR-2004-148 City of Bellevue Intergovernmental Cooperative Purchasing AgreementRESOLUTION NO. R-2004-148 A RESOLUTION authorizing the execution of an Intergovernmental Cooperative Purchasing Agreement with The City of Bellevue, WA. WHEREAS, the City of Yakima and The City of Bellevue 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 Bellevue for the purpose mentioned above, a copy of which agreement, entitled "Cooperative Purchasing Agreement," is attached hereto and by reference made a part hereof. ADOPTED BY THE CITY COUNCIL this 21st day of September , 2004. Paul P. George, Mayor ATTEST: CITY CLERK DLEGII A-1 Agenda &.Res 2 ;U INTERLOCAL JOINT PURCHASING AGREEMENT THIS AGREEMENT is between the City of Bellevue, a political subdivision of the State of Washington, and the City of YAKIMA, a public agency under the laws of the State of Washington. WITNESSETH: WHEREAS, the Interlocal Cooperation Act, as amended, and codified in Chapter 39.34 of the Revised Code of Washington provided for interlocal cooperation between governmental agencies; and WHEREAS, Chapter 39.33 of the Revised Code of Washington provides for intergovernmental disposition of property; and WHEREAS, the parties desire to utilize each other's procurement agreements when 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 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 other governmental 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: 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 and/or where either party's bidder is willing to extend prices to other governmental agencies. 4. DURATION AGREEMENT — TERMINATION: This agreement shall remain in force until cancelled by either party in writing. 5. RIGHT TO CONTRACT INDEPENDENT ACTION PRESERVED: Each party reserves the right to contract independently for the acquisition of goods or services 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 REQUIREMENT: 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. 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 mutually agreed in writing. Neither party may assign this agreement without the 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 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 provision or affecting the validity or enforcement of such provisions. APPROVED City of Yakima Agen Name igriature ' . A. Zais Date City Manager UT Title Signature (if needed) Date Title CITY CONTRAC r No:/2604/- RESOLUTION o:/91RESOLUTION NO: g -,Ve6144-714/1. APPROVED, ITY OF BELLEVUE /0/ Orr Purchl' g anager Date APPROVED AS TO FORM: 7'ru-v Assistant City Attorney Date ATTEST: Tl R-3.3-0 S° City Clerk Date BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. * 14 For Meeting Of 9/21/04 ITEM TITLE: Intergovernmental Cooperative Purchasing Agreement with City of Bellevue, WA SUBMITTED BY: Glenn Rice, Assistant City Manager CONTACT PERSON/TELEPHONE: Sue Ownby, CPPB, Purchasing Manager -- 576-6695 SUMMARY EXPLANATION: Staff respectfully requests approval of an agreement authorizing the City of Yakima and the City of Bellevue, WA, to arrange joint cooperative purchases of certain goods and services. Pursuant to Chapter 39.34 RCW Interlocal Cooperation Act, the City of Bellevue has requested this agreement be administered in order to have the agreement already in place, should the need ever arise to piggy -back off each others contracts. This agreement shall remain in effect until canceled by either party. Resolution X Ordinance _ Contract Other (Specify)Agreement Funding Source: APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt a resolution to authorize and execute an Intergovernmental Cooperative Purchasing Agreement with the City of Bellevue. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: DLEGII A-1 Agenda & Res 1 Resolution adopted. RESOLUTION NO. R-2004-148