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Home My WebLink About04/19/2016 05E Cooperative Purchasing Agreement with Douglas County, NebraskaBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT Item No. 5.E. For Meeting of: April 19, 2016 ITEM TITLE: Resolution authorizing an Intergovernmental Cooperative Purchasing Agreement with Douglas County, Nebraska for paint supplies SUBMITTED BY: Sue Ownby, Purchasing Manager SUMMARY EXPLANATION: 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 parties of said agreements to cooperatively purchase or acquire supplies, equipment, and materials, and to utilize each other's contracts as needs arise. Douglas County, Nebraska, currently holds a contract with Sherwin- Williams that our Traffic Signs and Lines shop would like to utilize to purchase traffic line paint. Piggybacking on Douglas County's contract will save the City over $7,000 from last year's prices. ITEM BUDGETED: NA STRATEGIC PRIORITY: Public Trust and Accountability ,1/ ; :WAPPROVED FOR SUBMITTAL: Interim City Manager STAFF RECOMMENDATION: Adopt Resolution BOARD /COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date Type RESOLUTION NO. R -2016- A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an Intergovernmental Cooperative Purchasing Agreement with Douglas County, Nebraska WHEREAS, the City of Yakima (City), desires to arrange for making cooperative purchases of certain goods and services with Douglas County, Nebraska; 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; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute an agreement with Douglas County, Nebraska, for the purpose mentioned above, a copy of which agreement, entitled "Intergovernmental Cooperative Purchasing Agreement ", is attached hereto and by reference made a part hereof. ADOPTED BY THE CITY COUNCIL this 19th day of April, 2016. ATTEST: Sonya Claar Tee, City Clerk Holly Cousens, Mayor Pro Tern INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT Pursuant to Chapter 39.34 RCW and the Nebraska Interlocal Cooperation Act, the CITY OF YAKIMA and DOUGLAS COUNTY, NEBRASKA, hereby agree to cooperative governmental purchasing upon the following terms and conditions. (1) This Agreement pertains to bids and contracts for supplies, material, equipment or services that may be required from time to time by the City of Yakima and Douglas County, Nebraska. (2) Each of the parties from time to time goes out to public bid and contracts to purchase supplies, material, equipment, and services. 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 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, supplier, or service provider, and pay directly in accordance with its own payment procedures for its own purchases. Each party will 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 service, nor create to either of the parties any assurance, warranty, 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, color, religion, national origin, sex, age, marital status, sexual orientation, pregnancy, veteran status, political affiliation or belief, or the presence of any sensory, mental or physical handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act (42 U.S.C. 12101 et seq.) or any other applicable state, federal or local law, rule or regulation in the performance of this Agreement. (7) No separate legal or administrative entity is intended to be created pursuant to this Agreement. No obligation, except as stated herein, shall be created between the parties or between the parties and any applicable bidder or contractor. Any costs accruing from the performance of this Agreement shall be borne by the party causing such accrual to occur. Budgets for activities performed under this Agreement shall be maintained separately and individually by each party. No additional taxes shall be levied, collected, or accounted for in the performance of this Agreement. None of the provisions of this Agreement are intended to create any relationship between the parties other than that of independent entities contracting with each other solely for the purpose of effecting the provisions of this Agreement. (8) The Purchasing Manager of the City of Yakima and Deschutes County Public Works Director shall be representatives of the City of Yakima for carrying out the terms of this Agreement. The Purchasing Agent for Douglas County, Nebraska shall be the representative for Douglas County, Nebraska. The Purchasing Manager of the City of Yakima and the Douglas County Purchasing Agent shall constitute the joint board responsible for administering this Agreement. (9) This Agreement shall continue in force for a period of five (5) years from the date of execution or 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. Upon termination or cancellation of this Agreement, all property utilized in the performance of this Agreement shall be retained by the party originally providing such property. Neither party may assign its rights under this Agreement without the express prior written consent of the other party. (10) Pursuant to RCW 39.34.040 regarding methods of filing agreements pursuant to the Interlocal Cooperation Act, a copy of this Agreement shall be filed by the City of Yakima with the Yakima County Auditor, or, alternatively, listed by subject on the public agency's website or other electronically retrievable public source. APPROVED this day of '2016 CITY OF YAKIMA By: Jeffrey R. Cutter, Interim City Manager Subscribed and sworn to me this day of '2016 APPROVED this day of 12016 Douglas County, Nebraska By: Chair of the Douglas County Board of Commissioners Approved as to form: Notary Public in and for the State of Deputy County Attorney Washington, residing at My commission expires ATTEST: Sonya Claar Tee, City Clerk 2