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HomeMy WebLinkAboutR-2026-067 interlocal agmt with Purchasing Cooperative America_purchasing svcsA RESOLUTION RESOLUTION NO. R-2026-067 authorizing the City Manager to execute an Interlocal Agreement for Cooperative Purchasing Services between the City of Yakima and Purchasing Cooperative of America (PCA). WHEREAS, the City of Yakima is a municipal corporation authorized by the laws of the State of Washington to enter into agreements with other entities to promote cooperative purchasing for the benefit of taxpayers and to enhance the efficiency of local government operations; and WHEREAS, Purchasing Cooperative of America ("PCA") is a recognized purchasing cooperative that allows public entities to participate in cooperative purchasing agreements, granting access to competitively bid contracts from a wide range of vendors, thereby promoting cost savings and operational efficiencies; and WHEREAS, the City of Yakima Purchasing Division seeks to enter into an Interlocal Agreement for Cooperative Purchasing Services with PCA to take advantage of the discounts, efficiencies, and opportunities offered by PCA's cooperative purchasing programs; and WHEREAS, the City has thoroughly reviewed the terms and conditions of the proposed agreement and has determined that participation in PCA's cooperative purchasing program aligns with the City's goals of maximizing resources and ensuring cost-effective procurement practices; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute the Interlocal Agreement for Cooperative Purchasing Services between the City of Yakima and Purchasing Cooperative of America (PCA). The agreement shall take effect upon execution and will automatically renew annually unless either party provides sixty (60) days' notice of non -renewal. ADOPTED BY THE CITY COUNCIL this 12' day of May 2026. att Brown, Mayor osalinda Ibarra, CMC City Cle 7C,,4 Pker-...9 e.,.... 4 "Lome. INTERLOCAL AGREEMENT FOR COOPERATIVE PURCHASING SERVICES This interlocal Agreement for Cooperative Purchasing Services ("Agreement") is entered into by and between COMPLETE LEGAL NAME (DO NOT ABBREVIATE) & MAILING ADDRESS ("PCA Member", "Party"), a governmental entity, and Purchasing Cooperative of America ("PCA", "Party") on behalf of PCA Awarding Agencies to participate in all Purchasing Cooperative of America ("PCA") cooperative purchasing programs administered by PCA and its affiliates and subsidiaries and for the purpose of participating in the cooperative purchasing services of PCA. Collectively, PCA and PCA Member and will be known as the "Parties". City of Yakima - 129 N 2nd St. Yakima, WA 98903 RECITALS Purpose The purpose of this Agreement is to support public entities by facilitating their purchasing operations through cooperative contracting and to promote real savings for PCA Members with discounts resulting from the competitive bid process. Texas Government Code. Chapter 791, Interlocal Cooperation Act, and Texas Local Gov't. Code, Chapter 271, Subchapter F. Cooperative Purchasing Program allows for governmental entities to contract for cooperative purchasing services that each Party to the contract is authorized to perform individually. Eligible public entities may use all PCA contracts awarded to a Vendor. Each jurisdiction is subject to its own and members' requirements. The use of a PCA contract by a PCA Member, along with their signed purchase order or other extension of the contract, constitutes acceptance of the contract and completes the interlocal agreement (if required by the entity(ies) between the Awarding Agency and PCA Member. Membership Eligibility' Public entities in all 50 states, the U.S. Territories, Canada and Mexico, including local, state and federal governmental agencies, Indian tribal governments; educational institutions including K-12 public, private and charter schools, state and private colleges and universities; and non -taxed non-profit religious and charitable organizations are eligible to participate in the PCA purchasing cooperative. There is no fee to the PCA Member to join or use PCA contracts. Role of the PCA Awarding Agency 1. Acts as Party to the Agreement. 2. Awards PCA contracts that have been competitively bid. 3. Provides service and support to PCA, PCA members and vendors, as necessary. Role of the PCA Member 1. Registers on the PCA website, www.pcamerica.org, or any successor website. 2. Executes a copy of this Agreement by providing an authorized signature in the appropriate space below and submitting the form to Members@pcamerica.org. Page I of 3 3. Designates a contact person and updates the contact information as necessary. 4. Works with PCA awarded contractors according to the PCA contract. 5. Issues supplemental contracts, purchase orders, or other applicable authorizations for purchases directly to the awarded contractor; and includes "Purchasing Cooperative of America" or "PCA" and the "Contract Number". 6. Makes payments to vendors in a timely manner and in accordance with the state laws and local procedures applicable to the PCA Member for all goods and services received. 7. Notifies PCA at the address or email shown below of any substantial problems in quality of goods or performance of services with an awarded contractor under a PCA contract. Role of the Purchasing Cooperative (PCA) I . Acts as a group purchasing organization that governmental entities join as members. 2. Performs the administration and management duties and responsibilities for which PCA will receive fees from PCA vendors using PCA contracts. 3. Performs all of the required steps of the competitive solicitation process in compliance with all applicable state statutes and regulations related to competitive procurement and contracting in the State of Texas. 4. Provides members access to cooperative contracts, due diligence documentation and PCA vendor contact information. 5. Provides support and service to PCA Members and vendors. 6. Performs such other related services and duties as are customarily performed by a entity in a similar position. General Provisio 1. Effective Date. This Agreement is effective upon signature and shall be automatically renewed annually unless either Party gives sixty (60) days prior written notice of non - renewal. 2. No Minimum Purchase Requirement. This Agreement does not obligate the PCA Member to purchase a minimum amount of goods and/or services under any PCA contract. 3. Federal Requirements. The parties agree to comply fully with all applicable federal statutes, rules and regulations in connection with the cooperative contracts contemplated under this Agreement. This Agreement is subject to all applicable present and future valid laws governing such programs. 4. State Joint Powers Statutes. It is the sole responsibility of each PCA Member to follow their state procurement statutes as it pertains to cooperative purchasing, or joint power agreements, with in -state or out-of-state public agencies. 5. Governing Law -Texas. Any issue concerning PCA contracts in which a PCA Awarding Agency is involved shall be governed by the law of the State of Texas, excluding the conflicts of law provisions. 6. Venue -In Texas. Exclusive Venue for any litigation whatsoever involving PCA is the state district court of Harris County, Texas. 7. Governing Law -Outside Texas. PCA member's use of PCA contracts shall be governed by the laws of the State of Washington , excluding the conflicts of law provisions. 8. Venue -Outside Texas. Exclusive Venue for litigation arising between PCA Member and PCA awarded contractor from use of PCA contracts is Yakima County, WA (court jurisdiction) Page 2 of 3 ,22.2v2vvvvv,v2vvvv2:2:2v,,VVve-zv222,22vv,;,,v2Rvvmvvom-vvv? 9. [nvalid Provision. If any term(s) or provisions of this. Agreement are held by a court of competent jurisdiction to be invalid, void. or unenforceable, the remainder of the provisions of this Agreement shall remain in full force and effect. -1. 0. Immunity. Neither Party to this Agreement waives or relinquishes any immunity or defense on behalf of them.selves, their directors, officers, employees and agents as a result of this Agreement being executed or the perfomiance of the functions and obligations describe herein. 11.. Final Agreement. This Agreement incorporates all agreements, covenants and understandings between the Parties concerning subject matter in the Agreement. No prior agreement ofunderstanding. verbal or otherwise, by the Parties or their agents, shall be valid or enforceable unless embodied in this Agreement. 12. "As is" Contracts. PCA makes PCA contracts available to the PCA Member "as is" and is under no obligation to revise the terms, conditions, scope, prices, and/or any other requirements of the contract for the benefit of the PCA Member. 13. Termination. This Agreement may be terminated with or without cause by either party upon (60) days prior written notice. 4 Notice. All forms of written notice, under this Agreement, shall be made by first class 'mail, postage prepaid and delivered to the other Party of this Agreement. 15. Records Requests_ PCA Member agrees to cooperate in .compliance with an reasonable request for information and/or records made by PCA. Breach of this provision may be grounds for termination after ten (10) days written notice to the PCA Member. 16. Submission. Send the signed Agreement via email to °riihi2cailic-ric.,-toril. An email. copy of an executed signature shall have the same force and effect as an original signature page. i 7. Term. This Agreement is effective the date of the final signature and shall continue indefinitely, subject to the Termination clause. Authorization By execution and delivery of ihis ALTreement, the undersigned individuals warrant that they have been duly authorized to enter into and perform the terms of this Agreement. City of Yakima PCA Memb' Authorized Signat Vicki Baker Printed Name Title City Manager Date 05/05./2026 Designated Contact Rudy Silva ill Title Purchasing Manager Phone (509) 574-6094 Email rudy.silva©yakimawa.gov CITY CONTRACT NO: 1-01,G2- i RU;72OLLITION NO: 71t."1Van 2 2-74TAVOM Purchasing Cooperative or America horized Signattife Dean Zajicek Printed Name Title Assistant Director Date , 2— phone 844-722-6374 Email Dean©pcamerica.org Main PCA Email pcamerica@ucamerica.oril Page 3 of 3 ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7.D. For Meeting of: May 12, 2026 Resolution authorizing an Interlocal Agreement with Purchasing Cooperative of America (PCA) for Cooperative Purchasing Services (No Impact to General Fund) SUBMITTED BY: Rudy Silva III, Purchasing Manager SUMMARY EXPLANATION: This resolution authorizes the City Manager to execute an Interlocal Agreement with Purchasing Cooperative of America (PCA) to participate in its cooperative purchasing program, enabling cost savings and increased procurement efficiency. ITEM BUDGETED: N/A STRATEGIC PRIORITY 24-25: A Resilient Yakima RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Reso_Authorization_SignILA_PCA.docx PCA Interlocal 2025 - Unsigned.pdf 32