HomeMy WebLinkAboutR-2021-133 Resolution authorizing an interlocal agreement with Yakima County for provision of procurement servicesRESOLUTION NO. R-2021-133
A RESOLUTION authorizing an interlocal agreement with Yakima County for provision of
procurement services
WHEREAS, the City and County each have their own purchasing division and are
authorized to perform this government service; and
WHEREAS, the County previously sent out a Request for Proposals for Emergency
Medical Services (EMS)(9-1-1 Ambulance Service) (hereinafter referred to as "EMS") in the
County, which ultimately led to the County Commissioners not choosing any responding party
for the work; and
WHEREAS, due to the previous RFP, the small number of ambulance service
providers, and other factors, the County wishes to have the City's Purchasing Division
administer the RFP for EMS to avoid any perceived or actual conflicts of interest or other issues
that might arise from the new RFP procedure; and
WHEREAS, the County shall compensate the City for the services provided as part of
this RFP; and
WHEREAS, the City has the capacity to conduct the new RFP process, the County
wishes to have the City administer the RFP for EMS, and both entities believe that it is in the
best interest of the entities and the public to have the City administer the new RFP process for
EMS; and
WHEREAS, both entities believe that cooperation will provide mutual advantage, as
outlined herein, and provide services in a manner that will accord best with the RFP for EMS;
WHEREAS, the City Council of the City of Yakima deems it to be in the best interest of
the City of Yakima to enter into the attached interlocal agreement with Yakima County for the
provision of procurement services, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The Interlocal Procurement Agreement between Yakima County and the City of Yakima
is hereby authorized, and the City Manager of the City of Yakima is directed to execute the
attached Interlocal Agreement with Yakima County for the provision of procurement services to
Yakima County, to be compensated per the attached Exhibit 1 to the Agreement.
ADOPTED BY THE CITY COUNCIL this 5th day of October, 2021.
ATTEST:
Sonya
r Tee, City Cle
&Y,
INTERLOCAL AGREEMENT
BETWEEN
YAKIMA COUNTY AND THE CITY OF YAKIMA
FOR PURCHASING SERVICES
THIS INTERLOCAL AGREEMENT ("Agreement") is entered into by and between the
City of Yakima ("City"), a municipal corporation, and the County of Yakima ("County"), a
Washington State political subdivision, under the authority and conformance with RCW 39.34,
the Interlocal Cooperation Act.
WHEREAS, the City and County each have their own purchasing department and are
authorized to perform this government service; and
WHEREAS, the County previously sent out a Request for Proposals for Emergency
Medical Services (EMS)(9-1-1 Ambulance Service) (hereinafter referred to as "EMS") in the
County, which ultimately led to the County Commissioners not choosing any responding party
for the work; and
WHEREAS, due to the previous RFP, the small number of ambulance service providers,
and other factors, the County wishes to have the City's Purchasing Department administer the
RFP for EMS to avoid any perceived or actual conflicts of interest or other issues that might
arise from the new RFP procedure; and
WHEREAS, the County shall compensate the City for the services provided as part of
this RFP; and
WHEREAS, the City has the capacity to conduct the new RFP process, the County
wishes to have the City administer the RFP for EMS, and both entities believe that it is in the
best interest of the entities and the public to have the City administer the new RFP process for
EMS; and
WHEREAS, both entities believe that cooperation will provide mutual advantage, as
outlined herein, and provide services in a manner that will accord best with the RFP for EMS;
NOW, THEREFORE, in consideration of the mutual promises and conditions contained
herein, the parties hereto agree as follows:
1. PURPOSE. The purpose of this Agreement is to set forth the terms and conditions upon
which the parties agree to have the City conduct the County's RFP process for EMS in the
County.
2. DURATION. This Agreement shall become effective upon signature of both parties, and
shall remain in effect until the EMS contract is approved by the County.
3. SERVICES PROVIDED BY CITY. The parties agree that the most effective way to
conduct the RFP is to have the City assume providing RFP services for EMS. No other RFP
services will be conducted by the City under this Agreement. As part of this Agreement the
County will cease its EMS RFP process and confer sole responsibility for the EMS RFP process
to the City.
Yakima City/County ILA for Ambulance RFP Services Page 1 of 6
4. PAYMENT. In exchange for and in consideration of the services to be performed by the
City pursuant to this Agreement, the County shall pay the hourly rates of all City employees
conducting work or providing services under this Agreement. A spreadsheet of the anticipated
services, as well as the hourly rates and additional charges, is attached hereto as Exhibit "1"
and fully incorporated herein. This amount may be adjusted if the RFP takes more time than
anticipated, if there is not an adequate response to the RFP or for other unforeseen
circumstances. The City shall invoice the County monthly for the services provided under this
Agreement. The County agrees to pay all costs and expenses of the City associated with this
Agreement, whether listed in the spreadsheet of anticipated services, or not, within thirty (30)
days of the date of the invoice. If payment is not made within that time period, the City may also
charge interest on the unpaid balance at a rate not to exceed the usury rate.
5. COUNTY RESPONSIBILITIES.
a. The County shall be responsible for contracting directly with a Third Party
Consultant, identified by City Purchasing, who may be utilized by City Purchasing
to assist with review of RFP specifications. The Third Party Consultant shall
provide qualified Evaluation Committee members to review RFP submittals and
score based on pre -determined Evaluation Criteria as outlined in the RFP
document. The County shall accept the Evaluation Committee's Recommendation
of Award and shall be responsible for routing any resulting resolution and contract
through the Board of County Commissioners for approval.
b. Once the City submits a Notice of Intent to Award to all Proposers, there will be a
set period of time allowed for protests. In the event of a protest, the County will be
responsible for the protest process including all communications and
determinations.
6. CITY RESPONSIBILITIES. The City shall perform as the lead agency for purchasing
services associated with the EMS RFP and ensure compliance with all legal purchasing
requirements for the County. This includes providing all necessary personnel, equipment and
facilities to provide the services described herein.
7. INDEPENDENT CONTRACTOR. The City shall be solely responsible for compensating
its employees, and for paying all related taxes, deductions, and assessments, including but not
limited to, federal income tax, FICA, social security tax, assessments for unemployment and
industrial injury, and other deductions from income which may be required by law or assessed
against either party as a result of this Agreement.
8. COMPLIANCE WITH LAW. The Parties to this Agreement shall comply with applicable
federal, state and local laws, rules and regulations in carrying out the terms and conditions of
this Agreement.
9. LIABILITY AND INDEMNIFICATION.
a, To the maximum extent permitted by law, the County its officials, officers,
employees, and agents agree to protect, defend, indemnify, and hold harmless, the
City, its elected and appointed officials, officers, employees, agents, and volunteers
from any and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits,
administrative and other proceedings and all judgments, awards, losses, liabilities,
damages (including punitive or exemplary damages), penalties, fines, costs and
Yakima City/County ILA for Ambulance RFP Services Page 2 of 6
expenses (including attorneys' fees and disbursements) for, arising out of, or related
to any actual or alleged death, injury, damage or destruction to any person or any
property (including but not limited to any actual or alleged violations of civil rights) to
the extent caused by, arising out of, or relating to any act and/or omission (whether
intentional, willful, reckless, negligent, inadvertent or otherwise) resulting from,
arising out of, or related to the County, its officers, employees, agents, volunteers
and/or subcontractors, actions, services, work or materials pursuant to this
Agreement.
b. To the maximum extent permitted by law, the City its officials, officers, employees,
and agents agree to protect, defend, indemnify, and hold harmless, the County, its
elected and appointed officials, officers, employees, agents, and volunteers from any
and all claims, demands, losses, liens, liabilities, penalties, fines, lawsuits,
administrative and other proceedings and all judgments, awards, losses, liabilities,
damages (including punitive or exemplary damages), penalties, fines, costs and
expenses (including attorneys' fees and disbursements) for, arising out of, or related
to any actual or alleged death, injury, damage or destruction to any person or any
property (including but not limited to any actual or alleged violations of civil rights) to
the extent caused by, arising out of, or relating to any act and/or omission (whether
intentional, willful, reckless, negligent, inadvertent or otherwise) resulting from,
arising out of, or related to the City, its officers, employees, agents, volunteers and/or
subcontractors, actions, services, work or materials pursuant to this Agreement.
c. If any claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, litigation, or
other proceedings, arise out of or in connection with the negligent acts and/or
omissions of both the County and the City or their respective agents pursuant to this
Agreement, each party shall be responsible for its proportionate share of any
resulting judgments, awards, costs and expenses, and for its attorneys' fees and
disbursements.
d. Notwithstanding any provision to the contrary, the terms of this section shall survive
any expiration or termination of this Agreement.
10. TERMINATION. This Agreement will terminate upon the end of the term. Alternatively, either
party may terminate this Agreement upon thirty (30) days written notice to the other party of the
intent to terminate the Agreement. All costs that have accrued up to the effective date of the
termination shall be paid to the City. The City shall continue doing work during the thirty (30)
day period and be paid for said work by the County, unless the County specifically instructs the
City to immediately stop work in its termination notice, in which case the City will stop work upon
receipt of the notice.
11. DISPUTE RESOLUTION. Any claim, dispute or other matter in question arising out of or
related to this Agreement shall be subject to mediation as a condition precedent to litigation in a
court of competent jurisdiction. A request for mediation shall be made in writing, delivered to
the other party to the Agreement. The parties shall jointly agree on a mediator, and file the
notice with the person or entity administering the mediation. If a mediator cannot be agreed
upon, each party shall choose one mediator, and the two mediators shall choose a third party to
mediate the dispute. The request for mediation may be made concurrently with filing of a
complaint, but, in such event, mediation shall proceed in advance of any other proceeding,
which shall be stayed pending mediation for a period of ninety (90) calendar days from the date
of filing, unless stayed for a longer period by agreement of the parties or court order.
Yakima City/County ILA for Ambulance RFP Services Page 3 of 6
The parties shall share the mediator's fee and any filing fees for the mediation equally. The
mediation shall be held in Yakima, Washington. Agreements reached in mediation shall be
enforceable as settlement agreements in any court having jurisdiction thereof. If the parties do
not resolve a dispute through mediation pursuant to this Section, the dispute can move forward
and be resolved though litigation.
12. INTEGRATION, SUPERSESSION, AND MODIFICATION. This Agreement sets forth all
of the terms, conditions, and agreements of the parties relative to the subject matter hereof and
supersedes any and all prior negotiations, discussions, agreements, and understandings
between the parties as to the subject matter herein. There are no terms, conditions, or
agreements with respect thereto, except as herein provided and no amendment or modification
of this Agreement shall be effective unless reduced to writing and executed by the parties.
13. NONDISCRIMINATION PROVISION. Neither party shall discriminate against any
person on the grounds of race, creed, color, religion, national origin, sex, age, marital status,
political affiliation, sexual orientation, gender identity, or the presence of any sensory, mental or
physical handicap, or any other protected class, in violation of the Washington State Law
Against Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act (42 U.S.C.
12110 et. seq.). In the event of the violation of this provision, the other party may terminate this
Agreement immediately.
14. ASSIGNMENT. This Agreement or any interest herein, or claim hereunder, shall not be
assigned or transferred in whole or part by the County or City to any other person or entity
without eh prior written consent of the other party. In the event that such prior written consent to
an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities
of the assignor as are stated herein.
15. AMENDMENT. This Agreement shall be amended only by written mutual consent of the
parties. Amendments to this Agreement may be initiated by either of the parties and shall
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16. NON -WAIVER. The failure of either party to insist upon strict performance of any
provision of this Agreement or to exercise any right based upon a breach thereof for the
acceptance of any performance during such breach shall not constitute a waiver of any right
under this Agreement.
17. SEVERABILITY. If any term or provision of this Agreement is found invalid or
unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be
enforceable and effective to the fullest extent permitted by law. Further, the parties shall
negotiate in good faith regarding amendments to this Agreement that would effectuate the intent
of any provision held invalid or not enforceable.
18. NOTICES. All notices and demands shall be in writing and sent or hand -delivered to the
parties at their addresses as follows:
City of Yakima:
Robert Harrison, City Manager
120 North 2nd Street
Yakima, WA 98901
Yakima City/County ILA for Ambulance RFP Services Page 4 of 6
And Also To:
Yakima County:
Maria Mayhue, Purchasing Manager
129 North 2nd Street
Yakima, WA 98901
Craig Warner, Budget Director
128 North 2nd Street
Yakima, WA 98901
or to such other addresses as the parties may hereafter designate in writing. Notices
and/or demands shall be sent by registered or certified mail, postage prepaid, or hand -
delivered. Such notices shall be deemed effective upon receipt, or three business days after
mailing, whichever comes first.
19. GOVERNING LAW AND VENUE. This Agreement shall be governed by and construed
in accordance with the laws of the State of Washington. Litigation necessary to resolve
disputes not otherwise decided in accord with the provisions of Section 10, above, shall be
decided in the Yakima County Superior Court.
20. RECORDS RETENTION. Documents generated by the City and the County pursuant to
the services provided under this Agreement shall be delivered to either party, upon request. All
such documents are subject to disclosure, unless exempt, pursuant to the Public Records Act,
Chapter 42.56. et. seq., as applicable. Records documenting services rendered and billings
based thereon, or other communications regarding this Agreement shall be made available to
either party for inspection and copying, as appropriate, during regular business hours of the
entity holding the records.
21. ACQUISITION OF PROPERTY AND ASSETS. The parties do not intend to jointly
acquire or manage any property. Acquisition of property by either party shall be in accordance
with the laws and procedures applicable to such party.
22. NO THIRD -PARTY BENEFICIARY. Nothing in this Agreement is intended to create any
rights in any entity not a party to this Agreement nor is any person or entity not named a party
herein a third -party beneficiary to this Agreement.
23. APPROVAL. Each party shall approve this Agreement as specified by the laws and
ordinances of the governing body of each party. The attested signatures of the City Manager
and the Yakima County Commissioners below shall constitute a presumption that such approval
was properly obtained.
24. RECORDING. Pursuant to RCW 39.34.040, this Agreement shall be filed with the county
auditor, or, alternatively, listed by subject on each public agency's web site or other
electronically retrievable public source.
Yakima City/County ILA for Ambulance RFP Services Page 5 of 6
C Y OF Y KI A YAKIMA COUNTY
ATTEST:
Sonya Cla•
Contract No.:
Resolution No:
Approved as
City Attorney
ee, City Clerk
Amur McKinney, Commissioner
LaDon Linde, Copt issioner
ATTEST:
Approved as to form:
cut ng Attorney
Yakima City/County ILA for Ambulance RFP Services Page 6 of 6
1
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 4.1.
For Meeting of: October 5, 2021
ITEM TITLE: Resolution authorizing an interlocal agreement with Yakima County
for provision of procurement services
SUBMITTED BY: Maria Mayhue, Purchasing Manager
SUMMARY EXPLANATION:
This agreement will allow City of Yakima Purchasing Division to conduct a Request for Proposal
process for Yakima County, specifically for Emergency Medical Services (EMS) 9-1-1
Ambulance Services. Both entities believe that cooperation will provide mutual advantage. The
County will compensate the City per Exhibit 1 of the attached agreement.
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Partnership Development
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution
ATTACHMENTS:
Description Upload Date Type
Resolution authorizing ILA with Yakima County for 9/29/2021 Resolution
Procurement Services
Agreement - ILA with Yakima County for Procurement 9/29/2021 Contract
Services 9-29-21