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18-163.00 Sourcewell: Cooperative Purchasing Agreement I g-I(3 INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT,AND OTHER MATTERS RELATED THERETO THIS AGREEMENT entered into by and between the City of Spokane Valley, a municipal corporation of the State of Washington,having offices for the transaction of business at 10210 East Sprague Avenue,Spokane Valley,WA,99206,hereinafter referred to as"Spokane Valley",and Sourcewell,a public entity of the State of Minnesota, having offices for the transaction of business at 202 12 Street NE, P. 0. Box 219,Staples,MN. 56479, hereinafter referred to as"Sourcewell",jointly hereinafter referred to as the "Parties." Pursuant to Chapter 39.34 RCW and to other provisions of the law, Spokane Valley and Sourcewell,hereby agree to cooperative governmental purchasing upon the following terms and conditions. WHEREAS, pursuant to the provisions of the RCW Section 36.32.120(6), the City Council of Spokane Valley and Sourcewell,each has the care of its property and the management of City or Sourcewell funds and business for their respective agency;and WHEREAS, pursuant to the provisions of the RCW Section 39.34.030(2), any two (2) or more public agencies may enter into agreements with one another for joint or cooperative action pursuant to the provisions of Chapter 39.34 RCW; and WHEREAS, pursuant to the provisions of RCW Section 39.34.080, any one (1) or more public agencies may contract with any one(1)or more other public agencies to perform any governmental service, activity or undertaking which each public agency entering into the contract is authorized by law to perform; and WHEREAS, Spokane Valley and Sourcewell are desirous of taking advantage of contracts for the procurement of supplies, equipment, and materials negotiated by each public agency with private vendors and awarded in accordance with the competitive bidding laws of this State. NOW,THEREFORE,the PARTIES agree as follows: I.Purpose.Spokane Valley and Sourcewell each obtain supplies,equipment and materials pursuant to the competitive bidding laws of their respective state; and following the award of such bids, negotiate agreements with private vendors for the procurement of such supplies,equipment,and materials. It is the intent of the parties in entering into this Intergovernmental Cooperative Purchasing Agreement to extend such contracts to each other to the extent permitted by law,and in a manner agreed upon by the parties. 2. Administration. No separate and distinct legal entity shall be created to conduct this joint undertaking. Day-to-day administration of this agreement shall be through managers appointed by each party. The parties shall form a joint board comprised of the managers appointed by each party. 3. Duration and Termination. This Agreement shall take effect immediately, and shall continue until terminated by the parties. Either party may terminate this Agreement with or without notice to the other party. 4. Compliance with Applicable Laws. Spokane Valley and Sourcewell accept responsibility for compliance with any additional or varying laws and regulations governing purchases by or on behalf of their entity. 5. Method of Purchasing Supplies,Equipment. and Materials. A purchase by Spokane Valley or Sourcewell shall be effected by a purchase order from that entity, respectively, directed to the vendor or Intergovernmental Government Cooperative Purchasing Agreement-Sourcewell Page 1 of 2 other party contracting to furnish goods or services to Spokane Valley or Sourcewell,respectively. 6. General Provisions: (a) Neither party accepts responsibility for the performance of any purchasing contract by the vendor,and neither accepts responsibility for payment of the purchase price by the other party. (b)Each party reserves the right to contract independently for the purchase of any goods or services, with or without notice to the other party. (c) Spokane Valley and Sourcewell reserve the right to exclude the other party, or any class containing the other party, from any particular purchasing contract, with or without notice to the other party. (d) This Agreement covers all Spokane Valley and Sourcewell goods and services purchase contracts. IN WITNESS WHEREOF,the Parties have caused this Agreement to be executed on the date stated below. DATED: MAVS CITY QF SPOKANE VALLEY A FII IA /Li/. Mar alhoun, City Manager A . .. .. II k ,, .. .. id,G.‘ - ristine Bainbridge,City Clerk11 APPROVEDS TO FORM ONLY: 0:." , oi Office the Ci orney DATED: Ar //4, --(/' SOURCEWEIIIIIIIIMft 4107.0: ____,A..-- _ , (Title) Intergovernmental Government Cooperative Purchasing Agreement- Sourcewell Page 2 of 2