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HomeMy WebLinkAboutResolution 14-023-CC S A BEFORE THE BOARD OF COUNTY COMMISSIONERS OF GRANT COUNTY, WASHINGTON RESOLUTION AUTHORIZING EXECUTION OF INTERGOVERNMENTAL AGREEMENT WITH RESOLUTION NO. 14- D�� -CC LINCOLN COUNTY,WASHINGTON WHEREAS, chapter 39.34 RCW, the Interlocal Cooperation Act, permits local � governmental entities to make the most efficient use of their powers by enabling them to ', cooperate with other localities on a basis of mutual advantage, for the purposes of providing services and facilities in a manner and pursuant to forms of governmental organization that will ' accord best with geographic, economic, population and other factors influencing the needs and ' development of local communities; and WHEREAS, Grant County and Lincoln County, municipal corporations created in situated within the State of Washington, are vested with authority to enter into an interlocal agreement pursuant to chapter 39.34 RCW; and WHEREAS, it is the desire of Grant County and Lincoln County to enter into an interlocal agreement for the purpose of utilizing each counterpai�t's procurement agreements, ', jointly bidding for the acquisition of goods and services, and jointly disposing of property, when such activities and efforts are determined to be in the mutual best interests of the parties. NOW, THEREFORE, BE IT RESOLVED, that the attached Intergovernmental Agreement be executed by and between Grant County and Lincoln County. PASSED AND ADOPTED this���L�`Z�Y of � , 2014. BOARD OF COUNTY COMMISSIONERS OF GRANT COUNTY, WAS �NGTON Car Swartz, Chair ' � ,.�cn.° ' ar St vens, V' e-C ir EST: � Cindy Cartei Commissione ar ara J. Vas ue C rk of the Boar RESOLUTION AUTHORIZING EXECUTION OF INTERGOVERNMENTAL AGREEMENT WITH i LINCOLN COUNTY,WASHINGTON 'I Civtl B�Departments�ResolutionsULA Resolutions�I.incoln County ILA 4-28-14 I I INTERLOCAL PROCUREMENT AGREEMENT THIS AGREEMENT is between the GRANT COLTNTY, Washington, a political subdivi- sion of the State of Washington, and LINCOLN COUNTY, Washington, a political subdivision of the State of Washington, whose business address is 27234 SR 25 N, Davenport, WA 99122. WHEREAS, the Interlocal Cooperation Act, as amended, and codified in chapter 39.34 of the Revised Code of Washington provides for interlocal cooperation between governmental agencies; and WHEREAS, chapter 39.33 of the Revised Code of Washington provides for the intergov- ernmental 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 puipose of this Agreement is to acknowledge the parties'mutual interest to jointly bid the acquisition of goods and services and/or jointly dispose of property where such mutual effort can be plai�ned in advance, jointly acquire goods and services, and to purchase or acquire 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 administar the provisions of this Agreement. This Agreement shall be administered jointly by Grant County and Lincoln County. Issues and/or disputes related to implementation of this Agreementi shall be referred to each respective governing authority for resolution. Provided: either party shall be antitled to seek legal remedies including, but not limited to, such remedies as set forth in Chapter 39.34 RCW. 3. SCOPE. This Agreement shall allow the following activities: A. Purchase or acquisition of goods and services by each p�ty acting as agent for either or both parties when agreed to in advance, in writing; and S. Purchase oz 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 ser- vices offered under the contract and/or where either party's bidder is willing to extend pric- es to other governmental agencies. C. Disposal of goods by each party acting as agent for the other, or both pa�-ties when agreed to in advance, in writing. INTERLOCAL PROCUREMENT AGREEMENT-Page 1 of 3 Civil 8\Departments\Public Works\2014\L'uicoLi County ILA 4-10-14 � � . • , 4. DURATION AGREEMENT - TERMINATION. This Agreement shall remain in force until terminated by either party in writing. Either party may terminate this Agreement withou cause upon thirty (30) days advance written notice. Termination shall not alter the obligations of the parties regarding payment and/or disbursal of property in a joint purchase that was undertaken prior to ternnination. 5. RIGHT TO CONTRACT INDEPENDENT ACTION PRESERVED. Each party reserves the right to contract independently for the acquisition of goods or services or disposal of any property without notice to the other party and sha11 not bind or otherwise obligate the other party to participate in the activity. 6. COMPLIANCE WITH LEGAL REQUIlZEMENTS. 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 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�cquired 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 par�y. 8, FILING. Executed copies of this Agreement shall be filed as required by Section 39.34.040 of the Revised Code of Washington or alternatively listad on the parties' web sites or other electronically retrievable public source,prior to th�s Agreement becoming effective. 9. Il�ITERLOCAL COOPERATION DISCLOSURE. Each party may insert in its solicitations for goods and services 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 writte� consent of the other party. 11. HOLD-HARMLESS. Each party shall be liable and responsible for the consequence of any negligent or wrongful act or failure to act on the part of itself and its employees. Neither party assumes responsibility to the other p�u-ty for the consequences of any act or omission of any person, firm or corporation not a party to this Agreement. PRO�IDED: Neither this Agreement or any content herein sha11 create an employer-employee or principal-agent relationship, and/or partnership or joint venture between tha Gr�nt County and Lincoln County. 12. SEVERABILTTY. Any provision of this Agreement, which is prohibited or unenforceable, shall be inef�ective to the extent of such prohibition or unenforceability, without invalidating the remaining provisions or affecting the validity or enforcement of such provisions. INTERLOCAL PROCUREMENT AGREEMENT-Page 2 of 3 Civil 8\Dcparhncnts\Public Works\2014\Lincoln County ILA 4-10-1A f , x � d , � DATED this �?�7'�Qay of �, 2014. --�L�� BOARD OF COUNTY COMMISSIONERS GRANT COUNTY, WASHINGTON Car�,g.l�� Swartz, Cha' ,� �--�--�_-.____ ST: � ic •d Stevens, ice air arb ra J. Vas e Cindy Car r, Member Cl �of the Board Approve s to r Dalton Le�e° e ce Deputy Pros uting Att rney Date: - � � BOARD OF COUNTY COMMISSIONERS LINCOLN COUNTY, WASHINGTON ��:.����� Mark R. Stednian �:�C�,�.�1�� �� ,� ATTEST: Scott M. Hutsell Shelly •ohnston �� CA d�°�,4�� Rob Co Clerk of the Boa�d ,�V'� Approved as to form: , � Jeffrey S. B ar dull Prosecuting Att rney Date: �1 t 5 1 `°" INTERLOCAL PROCUREMENT AGREEMENT-Page 3 of 3 Civll S\Deparunents\Public Works\2014\L'uicoln County ILA 4-10-14