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12-128 Spokane County Cooperative Purchasing AgreementINTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT BETWEEN SPOKANE COUNTY AND THE CITY OF SPOKANE VALLEY d7v 96 Pursuant to chapter 39.34 RCW and to other provisions of the law, Spokane County, hereinafter referred to as the "County" and the City of Spokane Valley, hereinafter referred to as the "City ", hereby agree to cooperative governmental purchasing upon the following terms and conditions. WITNESSETH: WHEREAS, pursuant to the provisions of the RCW 36.32.120(6), the Board of County Commissioners of Spokane County, Washington has the care of County property and the management of County funds and business; and WHEREAS, pursuant to the provisions of the RCW 36.32.235, et seq., the Board of County Commissioners must let out for bid the purchase or lease of all supplies, equipment and materials, as well as capital improvements for Spokane County and for all elected officials thereof; and WHEREAS, pursuant to the provisions of the RCW 39.34.030(2), any two 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 39.34.080, any one or more public agencies may contract with any one 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 County and the City 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 bidding and procurement laws of this State. NOW, THEREFORE, the parties agree as follows: 1. Purpose. The County and the City each obtain supplies, equipment, and materials pursuant to the bidding and procurement laws of the 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. Page 1 of 3 Coif I2_s 3. Duration and Termination. This Agreement shall take effect immediately, and shall continue until terminated by the Parties. Either Party may terminate this Agreement for any reason whatsoever with or without notice to the other Party. 4. Compliance with Applicable Laws. The County and the City 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 the County or the City shall be effected by a purchase order from that entity and directed to the vendor or other Party contracting to furnish goods or services to the County or the City. 6. General Provisions: (a) Each Party accepts no responsibility for the performance of any purchasing contract by the vendor, and each accepts no 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) The County and the City 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 County and City's goods and services purchase contracts. 7. RCW 39.34 Required Clauses (a) PURPOSE: See Paragraph 1 above. (b) DURATION: See Paragraph 3 above. (c) ORGANIZATION OF SEPARATE ENTITY AND ITS POWERS: See Paragraph 2 above. (d) RESPONSIBILITIES OF THE PARTIES: See provisions above. (e) AGREEMENT TO BE FILED: The City shall file this Agreement with its City Clerk and place it on its web site or other electronically retrievable public source. The County shall file this Agreement with its County Auditor or place it on its web site or other electronically retrievable public source. (f) FINANCING: Each party shall be responsible for the financing of its contractual obligations under its normal budgetary process. Page 2 of 3 (g) TERMINATION: See Paragraph 3 above. (h) PROPERTY UPON TERMINATION: Title to all property acquired by either Parry in the performance of this agreement shall remain with the acquiring party upon termination of the Agreement. SPOKANE COUNTY TOM MIELKE, Chair MA ICHARD, Vice -Chair dJ6� AL FRENCH, Comm ssioner TTE 7 aniela Erickson, Clerk of the oard /a —orzo90 Date: Page 3 of 3 CITY OF SPOKANE VALLEY Date: ov Cots s Cpli,� f0� N "'C C NO. 07 -- 6b90 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON IN THE MATTER OF EXECUTING AN ) INTERGOVERNMENTAL COOPERATIVE ) RESOLUTION PURCHASING AGREEMENT WITH THE CITY OF ) SPOKANE VALLEY ) WHEREAS, pursuant to the provisions of the RCW 36.32.120(6), the Board of County Commissioners of Spokane County, Washington has the care of County property and the management of County funds and business; and WHEREAS, pursuant to the provisions of the RCW 36.32.235, et seq., the Board of County Commissioners must let out for bid the purchase or lease of all supplies, equipment, and materials, as well as capital improvements for Spokane County and for all elected officials thereof; and WHEREAS, pursuant to the provisions of the RCW 3934.030(2), any two 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 39.34.080, any one or more public agencies may contract with any one 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 County and the City of Spokane Valley 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, BE IT RESOLVED by the Board of County Commissioners of Spokane County, Washington, pursuant to RCW 36.32.120(6) and chapter 39.34 RCW, that either the Chairman of the Board of County Commissioners of Spokane County, or a majority of the Board, be and is hereby authorized to execute the attached Intergovernmental Cooperative Purchasing Agreement, pursuant to which, under certain terms and conditions, Spokane County and the City of Spokane Valley may take advantage of certain goods or services contracts awarded and /or negotiated by the other entity. PASSED AND ADOPTED th*W)ay of , 2012. 01 coMrl4rss BOARD COUNTY COMMISSIONERS �4' pE coG foysl OF SPOKANE COUNTY, WASHINGTON N sEAL , . MIELKE, Chair ATTEST: Daniela Erickson Clerk of the Board Page 1 of 1 MA R fCR ICHARD, Vice -Chair AL FRENCH, Commissi ner EJ