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05/01/2018 06C Intergovernmental Cooperative Purchasing Agreement with Birch Bay Water & Sewer DistrictBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT 1 Item No. 6.C. For Meeting of: May 1, 2018 ITEM TITLE: Resolution authorizing an Intergovernmental Cooperative Purchasing Agreement with Birch Bay Water & Sewer District SUBMITTED BY: Sue Ownby, City/County Procurement Manager SUMMARY EXPLANATION: Staff respectfully requests approval of an agreement authorizing the City of Yakima and Birch Bay Water & Sewer District to arrange joint cooperative purchases of certain goods and services. Pursuant to Chapter 39.34 RCW I nterlocal Cooperation Act, Birch Bay Water & Sewer District has requested this agreement be administered in order to piggyback off City of Yakima contract No. 11225P to purchase Automatic Meter Reading Equipment. The City of Yakima in turn, will be authorized to piggyback off Birch Bay Water & Sewer District contracts. This Agreement shall remain in effect until cancelled by either party. ITEM BUDGETED: NA STRATEGIC PRIORITY: Partnership Development APPROVED FOR SUBMITTAL: STAFF RECOMMENDATION: Adopt Resolution BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date O Resolution -Birch Bay Water & Sewer 4'1712018 O Agreement -Birch Bay Water & Sewer District 4/17/2018 Type Cover Memo Cover Memo 2 RESOLUTION NO. R -2018- A RESOLUTION authorizing the execution of an Intergovernmental Cooperative Purchasing Agreement with Birch Bay Water & Sewer District, WA. WHEREAS, the City of Yakima (City), desires to arrange for making cooperative purchases of certain goods and services with Birch Bay Water & Sewer District; and the City Council of the City of Yakima deems it to be in the best interests of the City that such arrangement be carried out; and; WHEREAS, pursuant to the provisions of RCW 39.34, the City of Yakima may enter into intergovernmental cooperative purchasing agreements with other public agencies in order to allow the parties of said agreements to cooperatively purchase or acquire supplies, equipment, and materials under contract and to utilize each other's contracts, as needs arise; and, WHEREAS, it is recommended to City Council that the City of Yakima enter into an Intergovernmental Cooperative Purchasing Agreement with Birch Bay Water & Sewer District; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to enter into an Intergovernmental Cooperative Purchasing Agreement with Birch Bay Water & Sewer District for the purpose mentioned above. ADOPTED BY THE CITY COUNCIL this day of , 2018. ATTEST: Kathy Coffey, Mayor City Clerk 3 INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT Pursuant to Chapter 39.34 RCW and to other applicable laws, the CITY OF YAKIMA and BIRCH BAY WATER & SEWER D|GTR|CT, hereby agree to cooperative governmental purchasing upon the foliowing terms and conditions. (1) This Agreement pertains to bids and contracts for aupp|ieo, material, equipment or services that may be required from time to time by the City of Yakima and the Birch Bay Water & Sewer District. (2) Each of the parties from time to time goes out to public bid and contracts to purchase eupp|iea, nnateha|, equipnnmnt, and services. Each of the parties hereby agrees that it may, at its sole dieoradon, 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, aupp/ier, or service provider, and pay directly in accordance with its own payment procedures for its own purchases. Each party shall 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 aerviog, nor create for either of the parties any aeaunanoe, vvarnanh/, or other obligation from the other party with respect to purchasing or supplying any good or service. (6) Nondiscrimination. Both parties agree that they shall not discriminate against any person on the grounds of race, creed, oo|or, re|igion, national ohgin, sex, age, marital atatuo, sexual ohertaUon, pregnanoy, veteran otatua, political affiliation or belief, or the presence of any sensory, mental or physical handicap in violation of the Washington State Law Against Discrimination /FlCVV chapter 48.00\ or the Americans with Disabilities Act (42 U.S.C. 12101 et seq.) or any other applicable state, federal or local |8vv, rule or regulation. (7) No separate legal or administrative entity is intended to be created pursuant to this Agreement. No obligation, except as stated henein, shall be created between the parties or between the parties and any applicable bidder or contractor. (8) The Purchasing Manager of the City of Yakima and the Finance Director of Birch Bay Water & Sewer District, shall be representatives of the entities for carrying out the terms of this Agreement. (9) 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. 4 (10) Pursuant to RCVV 38.34.040 regarding methods of filing agreements pursuant to the Interlocal Cooperation Act, a copy of this Agreement shall be filed with the Yakima City Clerk, or, alternatively, listed by subject on the public agency's website or other electronically retrievable public source, APPROVED this day of APPROVED this 1(...0-4> day of ,2018 CITY OF YAKIMA By: Subscribed and sworn to me this day of ��� ��~ 2018 Notary Public in and for the State of Washington, residing at My commission expires ATTESTh Sonya 2018 (entity) G8n8r8|W4aDager (04-1— Subscribed k�- hbeto me this `~ day of ,3O18 Not�r�U�U��� in and for the State of residing My commission expires (|I 5/ana( Title.�� SANDRA LM[MILLAN Notary Public State of Washington My Appolntment Expires Nov 5, 2021