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HomeMy WebLinkAboutCity of Tacoma - Interlocal Procurement Agreement RESOULTION NO. 3-7 A RESOLUTION of the City of Pasco, Washington, authorizing the City Manager to execute an Interlocal Procurement Agreement with the City of Tacoma, Washington. WHEREAS, the City of Pasco, Washington, and the City of Tacoma, Washington, each possess the power to procure goods and services; and WHEREAS, the City of Pasco and the City of Tacoma desire to enter into an Interlocal Procurement Agreement to make the most efficient use of their powers; and WHEREAS, the City Council of the City of Pasco has after due consideration, determined that it is in the best interest of the City of Pasco to enter into an Interlocal Procurement Agreement with the City of Tacoma;NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1, The City Council of the City of Pasco approves the terms and conditions of the Interlocal Procurement Agreement between the City of Pasco and the City of Tacoma, Washington, as attached hereto and incorporated herein as Exhibit A. Section 2. The City Manager of the City Pasco, Washington, is hereby authorized, empowered, and directed to execute said Agreement on behalf of the City of Pasco. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by laws this day of �� , 2017. % A' ' Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: A �VIi A — Sandy Ken orihy, Interim City derk Leland B. Kerr,City Attorney Tacoma City of Tacoma Finance Department September 7, 2017 City of Pasco PO Box 293 Pasco, WA 99301 RE: Interlocal Joint Purchasing Agreement Enclosed for your records is a finalized copy of the Interlocal Joint Purchasing Agreement between the City of Tacoma and the City of Pasco. We have filed the agreement on our website at http://www.citvoftacoma.org/cros/one.aspx?ob'ectld=2287. If you have any questions, please contact me at 253-502-8875. Sincerely, l�G�� V-/Vol,, oz� Deborah Trevorrow Office Administrator Finance - Procurement and Payables Division Enclosure Procurement & Payat)les ■ 3628 S 35t1, Street, A13N-4NE ■ Tacoma, Washington 98409 INTERLOCAL JOINT PURCHASING AGREEMENT THIS AGREEMENT is between the CITY OF TACOMA, a political subdivision of the State of Washington, and the CITY OF PASCO, a political subdivision under the laws of the State of Washington. W I T N E S S E T H: WHEREAS, the Interlocal Cooperation Act, as amended, and codified in Chapter 39.34 of the Revised Code of Washington provided for interlocal cooperation between governmental agencies; and WHEREAS, Chapter 39.33 of the Revised Code of Washington provides for intergovernmental disposition of property; and WHEREAS, the parties desire to utilize each other's procurement agreements when it is in their mutual interest; -- 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 services 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 governmental agencies to avail themselves of goods and services offered under the contract and/or where either party's bidder is willing to extend prices to other governmental agencies. 4. DURATION AGREEMENT-TERMINATION: This agreement shall remain in force until canceled by either party in writing. 5. RIGHT TO CONTRACT INDEPENDENT ACTION PRESERVED: Each party reserves the right to contract independently for the acquisition of goods or services 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 REQUIREMENT: Each party accepts responsibility for compliance with federal, state or local laws and regulations including, in particular, bidding requirements applicable to its acquisition of goods and services. 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. Interlocal Agreement 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 without the written consent of the other party. 11. HOLD-HARMLESS: Each government party purchasing using a contract let by another government party shall be solely responsible for negligent or wrongful acts arising out of or related to its use of the contract, and shall defend and indemnify the party which awarded the original contract from any claim, cost or expense, including reasonable attorney's fees, arising there from, except that the party which awarded the original contract shall defend, indemnify and hold harmless other government parties using the contract from any claim, cost or expense, including attorney's fees, caused by or related to the originally awarding party's erroneous representation to the using party that the original award of the contract complied with the requirements of RCW 39.34.030(5)(b)as now or hereafter amended. 12. SEVERABILITY: Any provision of this agreement, which is prohibited 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. APPROVED: CITY OF PASCO AP VED: CITY OF TACOMA Printed name atsy es�troc ent te and Payables Manager Signature Date APPROVED AS TO FORM: AR Title Martha Lantz Date De uty City Attorney �V u (�7 Signature(if needed) Date Andrew eru Director of Finance Date Title 2 Interlocal Agreement