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HomeMy WebLinkAboutSourcewell Agreement - 2.7.2022DocuSign Envelope ID: 81C87440-3DD3-4B5F-AA4E-EEAEC20D37A0 SOURCEWELL AGREEMENT This Agreement, made effective on the date hereof, by and between Sourcewell (formerly known as National Joint Powers Alliance) and The City of Waterloo, Iowa, (hereinafter referred to as the "Member"). Agreement 1. Sourcewell, a public entity whose creation was authorized by Minn. Stat. Section 123A.21, has followed procurement procedures for products and services offered by this Agreement in accordance with Minn. Stat. Section 471.345, and Iowa Code Section 28E.4. Sourcewell is permitted to engage in cooperative purchasing pursuant to Minn. Stat. Section 123A.21 Subd. 7(23). The duration of this agreement shall be ten years from the date of approval by the City of Waterloo. Either party may terminate this agreement for any reason after sixty days notice. No separate legal or administrative entity is created by this agreement. No financing or budgeting is necessary. The Director of Public Works of the City of Waterloo shall be the administrator of this agreement. 2. It is the sole responsibility of each Member to follow state and local procurement statutes and rules as it pertains to cooperative purchasing or joint power Agreements with in -state or out-of-state public agencies. 3. Sourcewell makes cooperative purchasing contracts available to Members "as is," and is under no obligation to revise the terms, conditions, scope, price, and/or any other conditions of the contract for the benefit of the Member. Members are permitted to negotiate and agree to additional terms and conditions with Vendors directly. 4. Each party shall be responsible for its acts and the results thereof, to the extent authorized by law, and will not be responsible for the acts of the other party and the results thereof. The Member will be responsible for all aspects of its purchase, including ordering its goods and/or services, inspecting and accepting the goods and/or services, and paying the Vendor who will have directly billed the Member placing the Order. 5. The use of each contract by the Member will adhere to the terms and conditions of the Sourcewell contract. 6. Any dispute which may arise between the Member and the Vendor are to be resolved between the Member and the Vendor pursuant to Iowa law. 7. This Agreement incorporates all Agreements, covenants and understandings between Sourcewell and the Member. No prior Agreement or understanding, verbal or otherwise, by the parties of their agents, shall be valid or enforceable unless embodied in this Agreement. This Agreement shall not be altered, changed or amended except by written amendment executed by both parties. Member Name By: ca-,, Hu Its: Mayor 5 Sourcewell 4.--DoccuSigneedby: 1.A"I I/ te -7E42B8F817A64CC... Executive Di rector/CEO (Title) (Title) Date: 2/7/2022 Date: 1/20/2022 1 3:08 PM CST Iowa Secretary of State 321 East 12th Street Des Moines, IA 50319 sos.lowa.gov Putty I Party 2 Participants 28E Agreement Full Legal Name Organization Type County CITY OF WATERLOO, IOWA City Black Hawk SOURCEWELL COOPERATIVE Private or Nonprofit Black Hawk 370 - Other Public Works Sei vice type Purchasing procurement Purpose Indefinite Duration CITY-O F-WATERLOO.28-E-AG REEMENT.pdf Upload Scanned Agreement Contact Person: (Optional) contact Rrsl Nam Coolant Last Name Job Tithe Dfiparlmenl Email Phone NumGor FILED Filing Date: 07/14/2022 04:27 PM Filing Number: M514923 DocuSign Envelope ID: 81 C87440-3DD3-465P-AA4E-EEAEC2OD37A0 SOUI2CEWFLL AGREEMENT This Agreement, made effective on the date hereof, by and between Sourcewell (foerly known as National joint Powers Alliance) and The City of Waterloo, Iowa, (hereinafter referred to as the "Member"). Agreement 1. Sourcewell, a public entity whose creation was authorized by Minn. Stat. Section 123A.21, has followed procurement procedures for products and services offered by this Agreement in accordance with Minn. Stat. Section 471.345, and Iowa Code Section 28E.4_ Sourcewell is permitted to engage in cooperativepurchasingpursuant to Minn. Stat. Section 123A.21 Subd. 7(23). The duration of this agreement shall be ten years from the date of approval by the City of -Waterloo. Either party may terminate this agreement for any reason after sixty days notice. No separate legal or administrative entity is created by this agreement. No financing or budgeting is necessary. The Director of Public Works of the City of Waterloo shall be the administrator of this agreement 2. It is the sole responsibility of each Member to follow state and local procurement statutes and rules as it pertains to cooperative purchasing or joint power Agreements with in -state or out-of-state public agencies. 3_ SourcewelI makes cooperative purchasing contracts available to Members "as is," and is under no obligation to revise the terms, conditions, scope, price and/or any other conditions of the contract for the benefit of the Member. Members are permitted to negotiate and agree to additional terms and conditions with Vendors directly. 4. Each party shall be responsible for its acts and the results thereof, to the extent authorized by law, and will not be responsible for the acts of the other party and the results thereof. The Member will be responsible for all aspects of its purchase, including ordering its goods and/or services, inspecting and accepting the goods and/or services, and paying the Vendor who will have directly billed the Member placing the Order. 5. The use of each contract by the Member will adhere to the terms and conditions of the Sourcewell contract. 6. Any dispute which may arise between the Member and the Vendor are to be resolved between the Member and the Vendor pursuant to Iowa law. 7. This Agreement incorporates all Agreements, covenants and understandings between Sourcewell and the Member. No prior Agreement or understanding, verbal or otherwise, by the parties of their agents, shall be valid or enforceable unless embodied in this Ag-eement. This Agreement shall not be altered, changed or amended except by written amendment executed by both parties Member Name Sourcewell Its: Mayor (Title) Date: 2/7/2022 Executive nocusIgnea by: ru,t (beat.{{tom Director/cEOo (Title) Date: 1/20/2022 1 3 : 08 PM cs-r