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HomeMy WebLinkAboutR-1990-D5741 Intergovernmental Cooperative Agreement• • • RESOLUTION NO - 5741 A RESOLUTION authorizing the execution of an Intergovernmental Cooperation Agreement with the City of Richland WHEREAS, the City of Yakima and City of Richland 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 Richland for the purpose mentioned above, a true copy of which agreement, entitled "Intergovernmental Cooperation Agreement," is attached hereto and by reference made a part hereof C011. ADOPTED BY THE CITY COUNCIL this /kJ day of May, 1990 ATTEST' CITY CLERK OLEG!! 8.1 Page 1 .5,11/90 CYIA ytii41c4?- MAYOR INTERGOVERNMENTAL COOPERATION AGREEMENT - 7 / THIS AGREEMENT is between the CITY OF RICHLAND, a municipal corpor- ation of the State of Washington, and the CITY OF YAKIMA , a 4Iricipal corporation 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 provides for inter- local cooperation between governmental agencies, and WHEREAS, Chapter 39 33 of the Revised Code of Washington provides for the intergovernmental disposition of property, and WHEREAS, both parties are required to make certain purchases by formal advertisement and bid process, which is a time consuming and expensive process, and it is in the public interest to cooperate in the combination of bidding requirements to obtain the most favorable bid for each party where it is in their mutual interest, and WHEREAS, the parties also wish to utilize each other's contracts where it is in their mutual interest, 410 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 ser- vices and disposition of property 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 agencies to avail themselves of goods and services offered under the contract C Disposal of goods by each party acting as agent for either, or both parties when agreed to in advance, in writing 4. Duration of Agreement - Termination This agreement shall remain in force until cancelled by either party in writing 5. Right to Conact Independent Action Preserved Each party reserves the right to contract independently for the acquisition of goods or services and or disposal of any property 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 Requirements Each party accepts responsibility for compliance with federal, state of local laws and regulations including, in particular, bidding requirements applicable to its acquisition of goods and services or disposal of property 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 with- out the written consent of the other party. 11. Hold Harmless Each party shall be liable and responsible for the consequences of any negligent or wrongful act or failure to act on the part of itself and its employees Neither party assumes responsi- bility to the other party for the consequences of any act or admission of any person, firm or corporation not a party to this agreement 12. Severability Any provision of this agreement, which is pro- hibited or unenforceable, shall be ineffective to the extent of such prohibition or unenforceability, without invalidating the remaining provisions or affecting the validity or enforcement of such provisions SIGNED on April 23 Attest B By CITY OF RICHLAND , 19 90 City Clerk -2- Purcbasiig Supervisor SIGNED on • , 19 9 CITY OF YAKIMA , WASHINGTON By Title Attest Approve• as to form City Attorney, C y of •ichland • ,‘ City Clerk