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HomeMy WebLinkAbout09/03/2013 05B Intergovernmental Cooperative Purchasing Agreement with Snohomish CountyBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of: 9/3/2013 ITEM TITLE: Resolution authorizing an Intergovernmental Cooperative Purchasing Agreement with Snohomish County. SUBMITTED BY: Sue Ownby, City /County Procurement Manager 576 -6695 SUMMARY EXPLANATION: Staff respectfully requests approval of an agreement authorizing the City of Yakima and Snohomish County to arrange joint cooperative purchases of certain goods and services. Pursuant to Chapter 39.34 RCW Interlocal Cooperation Act, Snohomish County has requested this agreement be administered in order to piggy -back off City of Yakima contracts. The City of Yakima in turn, will be authorized- to piggy -back off Snohomish County contracts. This agreement shall remain in effect until canceled by either party Resolution: X Ordinance: Other (Specify): Contract: X Contract Term: indefinite Start Date: September 3, 2013 End Date: Item Budgeted: NA Amount: Funding Source /Fiscal N/A Impact: Strategic Priority: Partnership Development Insurance Required? No Mail to: Cathy Robinson, Purchasing Manager, Snohomish County Purchasing Division, 3000 Rockefeller Ave, M/S 507, 6th Floor, Robert J. Drewel Building, Everett, WA 98201 Phone: 425 - 388 -3329 APPROVED FOR City Manager er g RESOLUTION NO. R -2013- A RESOLUTION authorizing the City Manager to execute an Intergovernmental Cooperative Purchasing Agreement with Snohomish County. WHEREAS, the City of Yakima (City) and Snohomish County (County) 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: The City Manager is hereby authorized to execute the Intergovernmental Cooperative Purchasing Agreement with Snohomish County, attached hereto and by reference made a part hereof, now, therefore, ADOPTED BY THE CITY COUNCIL this day of 12013. ATTEST: Sonya Claar Tee, City Clerk Micah Cawley, Mayor INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT This Agreement is made by and between the CITY OF YAKIMA and SNOHOMISH COUNTY, both public agencies of the State of Washington within the meaning of RCW 39.34.020(1) (collectively the "Parties" and, individually, a "Party "). WHEREAS, Chapter 39.34 RCW, the Interlocal Cooperation Act, provides for interlocal cooperation between governmental agencies; and WHEREAS, each of the Parties desires to utilize the other Party's competitively awarded contracts when it is consistent with those awards and applicable law and when it is in their individual interest; NOW, THEREFORE, the Parties agree as follows: Each of the Parties from time to time goes out to public bid or undertakes other competitive solicitation and then contracts with vendors and service providers to purchase supplies, materials, equipment, and services. 2. 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 (a) permitted by applicable law and (b) agreed upon between the awarding Party and its bidders, contractors, vendors, suppliers or service providers. 3. Each Party shall comply with all applicable laws and regulations governing its own purchases. 4. A Party purchasing from one of the other Party's contracts shall pay the bidder, contractor, vendor, supplier, or service provider directly in accordance with its own payment procedures for its own purchases. 5. This Agreement shall create no obligation on either Party to purchase any particular good or service from the other Party's contracts, nor shall it create any assurance, warranty, or other obligation on either Party to supply to the other Party any good or service through contracts awarded by it. 6. Each Party will indemnify and hold the other Party harmless as to any claim arising out of its negligence in the use of this Agreement. 7. Any purchase made pursuant to this Agreement is not a purchase from either of the Parties. The Party awarding a contract shall not be responsible or liable for the performance of the bidder, contractor, vendor, supplier, or service provider. No obligation, except as stated herein, shall be created between the Parties or between the Parties and any applicable bidder or contractor. 8. No separate legal or administrative entity is intended to be created pursuant to this Agreement. Nothing in this Agreement shall be construed to render the Parties partners or joint venturers. 9. Both Parties agree that they shall not discriminate against any person or vendor on the grounds of race, creed, color, religion, national origin, sex, sexual orientation, age, marital status, political affiliation or belief, or the presence of any sensory, mental or physical handicap in violation of the Washington State Law Against Discrimination (Chapter 49.60 RCW) or the Americans with Disabilities Act of 1990, as amended (42 U.S.C. § 12101 et seq.) or another applicable state, federal or local law, rule or regulation. INTERGOVERNMENTAL COOPERATIVE Page 1 of 2 PURCHASING AGREEMENT July 2013 10. The Purchasing Manager of Snohomish County and the City /County Procurement Manager of the City of Yakima shall be the representatives of the Parties for purposes of carrying out the terms of this Agreement. 11. This Agreement will become effective upon execution by the parties and either: (a) filing of the Agreement with the appropriate County Auditor, or (b) listing of the Agreement by subject on the public agency's web site as provided in RCW 39.34.040. 12 13 14 a This Agreement shall continue in force until terminated by either Party, which termination may be effected upon receipt by one of the Parties of the written notice of termination of the other Party. In the event of termination of this Agreement, any goods or services acquired by either Party pursuant to the terms of this Agreement shall remain the property of the purchasing Party. This Agreement constitutes the entire Agreement between the Parties as to its subject matter. SNOHOMISH COUNTY County Executive DATED: 12013 Approved as to form: Snohomish County Deputy Prosecuting Attorney la CITY OF YAKIMA Tony O'Rourke, City Manager DATED: 12013 Approved as to form: By: TITLE: ATTEST: Sonya Claar Tee, City Clerk INTERGOVERNMENTAL COOPERATIVE Page 2 of 2 PURCHASING AGREEMENT July 2013