HomeMy WebLinkAbout03/07/2023 06.F. Resolution authorizing an intergovernmental agreement with the State of Arizona Procurement Office to purchase four Para Transit vans 1
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 6.F.
For Meeting of: March 7, 2023
ITEM TITLE: Resolution authorizing an intergovernmental agreement with the
State of Arizona Procurement Office to purchase four Para Transit
vans
SUBMITTED BY: Susan Knotts, Buyer II
*Jennifer Ferrer-Santa Ines, Finance Director
SUMMARY EXPLANATION:
Entering into an Intergovernmental Agreement with the State of Arizona Procurement Office to
utilize their contract with Schetky Northwest Sales to purchase four Para Transit vans.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Public Safety
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt resolution
ATTACHMENTS:
Description Upload Date Type
Resolution Authorizing an Intergovernmental Cooperati€
0 Purchasing Agreement with the State of Arizona 2/23/2023 Resolution
Procurement Office
Arizona State&City of Yakima Purchasing Cooperative 2/23/2023 Contract
Agreement
2
RESOLUTION NO. R-2023-
A RESOLUTION authorizing and directing the City Manager of the City of Yakima to
enter into an Intergovernmental Cooperative Purchasing Agreement
with the State of Arizona Procurement Office
WHEREAS, the City of Yakima (City), desires to arrange for making cooperative
purchases of certain goods and services with the State of Arizona Procurement Office; and
the City Council of the City of Yakima deems it to be in the best interests of the City that
such arrangement be carried out; and;
WHEREAS, pursuant to the provisions of RCW 39.34, the City of Yakima may enter
into intergovernmental cooperative purchasing agreements with other public agencies in
order to allow the parties of said agreements to cooperatively purchase or acquire supplies,
equipment, and materials under contract and to utilize each other's contracts, as needs
arise; and,
WHEREAS, it is recommended to City Council that the City of Yakima enter into an
Intergovernmental Cooperative Purchasing Agreement with the State of Arizona
Procurement Office to allow the City to utilize prices negotiated by the State of Arizona; and
WHEREAS, the City Council of the City of Yakima finds that it is in the best interests
of the City and its residents to enter into the agreement for cooperative purchasing; now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to enter into an
Intergovernmental Purchasing Agreement with the State of Arizona Procurement Office for
the purpose mentioned above.
ADOPTED BY THE CITY COUNCIL this day of , 2023.
ATTEST: Janice Deccio, Mayor
City Clerk
3
Katie Hobbs Elizabeth Alvarado-Thorson
Governor Director
ARIZONA DEPARTMENT OF ADMINISTRATION
OFFICE OF THE DIRECTOR
100 NORTH FIFTEENTH AVENUE•SUITE 302
PHOENIX,ARIZONA 85007
(602)542-1500
ARIZONA STATE PURCHASING COOPERATIVE AGREEMENT
State of Arizona Procurement Office
and
(Organization Name—Eligible Procurement Unit)
This Cooperative State Purchasing Agreement ("Agreement") is entered between the parties
in accordance with Arizona Revised Statutes §41-2631, et seq., Article 10 Intergovernmental
Procurement, which authorizes cooperative purchasing for public procurement units and
nonprofit organizations; and the Arizona Administrative Code R2-7-1001, which permits the
governing body of any Eligible Procurement Unit to enter into an Agreement with the State for
the purpose of utilizing State contracts.
The purpose of this Agreement is to permit the Eligible Procurement Unit named above,
hereafter known as the State Cooperative Member, to purchase materials and services from
State contractors at the prices and terms expressed in contracts between the State and those
State contractors.
In consideration of the mutual promises contained in this Agreement, and of the mutual
benefits to result there from, the State and the State Cooperative Member agree as follows:
1. The State shall conduct the procurement in compliance with the Arizona
Procurement Code, A.R.S. Title 41, Chapter 23, and its Rules, A.A.C. Title 2,
Chapter 7.
2. The specifications for the materials and services will be determined by the State
Procurement Administrator or delegated State agencies.
3. The State will identify the State Cooperative Member as an eligible participant in
any solicitation intended for general use by State Cooperative Members. In
addition, the State may invite the State Cooperative Member to participate in
certain exclusive solicitations. Only State Cooperative Members indicating an
interest in participating in these exclusive solicitations will be eligible to participate
in the resulting State contracts.
4. The State Cooperative Member's use of eligible State contracts is discretionary.
Participation in the State Purchasing Cooperative shall not restrict or limit
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ARIZONA STATE PURCHASING COOPERATIVE AGREEMENT
member's ability to seek competition as needed. However, the State Cooperative
Member shall not use a State contract as a means of coercion to obtain improper
concessions, including lower prices, from State contractors or any other suppliers
for the same or similar materials or services. The State Cooperative Member is
also prohibited from participating in any organization or group that seeks to obtain
such concessions from State contractors or other suppliers based on State
contracts.
5. The State shall provide the State Cooperative Member with access to listings of
all eligible State contracts. The original copy of each State contract is a public
record on file with the State. The State's eProcurement System shall provide all
contract information available and be used for contract purchases.
6. The State Cooperative Member shall:
a.) Ensure that purchase orders issued against eligible State contracts are
in accordance with the terms and prices established in the State contract.
b.) Make timely payments to the State contractor for all materials and
services received in accordance with the terms and conditions of the
State contract. Payment for materials or services and inspection and
acceptance of materials or services ordered by the State Cooperative
Member shall be the exclusive obligation of such unit.
c.) Be responsible for the ordering of materials or services under this
Agreement. The State shall not be liable in any fashion for any violation
by the State Cooperative Member of this Agreement and any
related agreements and, with the exception of other Arizona State
entities subject to A.R.S. §41-621, the State Cooperative Member
shall hold the State harmless from any liability which may arise from
action or inaction of the State Cooperative Member relating to this
Agreement and any related agreements or their subject matter.
d.) Cooperate and assist the State when requested to validate transactions
reported by vendors on quarterly usage reports filed with the State
Procurement Office.
7. The exercise of any rights or remedies by the State Cooperative Member shall be
the exclusive obligation of such unit; however, the State, as the contract
administrator and without subjecting itself to any liability, may join in the
resolution of any controversy should it choose to do so.
8. The State Cooperative Member shall endeavor to utilize State contracts to the
fullest extent possible. That is, the State Cooperative Member is to make an effort
to purchase all items covered under exclusive contracts and shall not fracture
ARIZONA STATE PUCHASING COOPERATIVE AGREEMENT Page 2 of 5
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ARIZONA STATE PURCHASING COOPERATIVE AGREEMENT
purchases by means of utilizing line items from alternate contracts. Such
practices weaken the State's ability to negotiate lowest possible volume prices.
Exclusive contracts are those that offer the State Cooperative member the option
to participate exclusively, rather than permissively, and shall be identified as such
within the contract documents.
9. Failure of the State Cooperative Member to secure performance from the State
contractor in accordance with the terms and conditions of its purchase order does
not necessarily require the State to exercise its own rights or remedies.
10. This Agreement shall take effect with execution by both Parties on the date signed
by the State Procurement authorized signor, and shall remain in effect until
cancelled by either party. The State reserves the right to amend the agreement
during the term of the Agreement.
11. This Agreement may be canceled pursuant to the provisions of A.R.S. § 38-511.
12. This Agreement is exempt from the provisions of A.R.S. §§ 11-952(D) and
12-1518.
13. The State Cooperative Member certifies that its organization shall comply
with the State and Federal Equal Opportunity and Non-Discrimination
requirements and conditions of employment in accordance with A.R.S. Title
41 Chapter 9, Article 4 and Executive Order No. 2023-01 dated January 2,
2023.
14. The State Cooperative Member hereby acknowledges that each State contractor
shall be remitting an administrative fee to the State, based upon the member's
purchasing volume under the state contracts.
15. The State Cooperative Member authorizes State contractors to release usage
information to the State. Usage information shall be limited to the State
Cooperative Member's purchasing activity and shall generally consist of, but shall
not be limited to, purchase order information including purchase date(s); units
purchased, their descriptions and quantities; unit prices and aggregate amounts
paid for all materials and services purchased off of the State's contract.
16. The State may terminate this Agreement without notice if the State Cooperative
Member fails to comply with the terms of a State contract or this Agreement.
17. Except as provided in Paragraph 16, either of the Parties may terminate this
Agreement with at least thirty (30) days written notice to the other party.
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ARIZONA STATE PUCHASING COOPERATIVE AGREEMENT
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ARIZONA STATE PURCHASING COOPERATIVE AGREEMENT
Additional terms:
1. Term: This Agreement shall be in effect for a term of five (5) years starting on the date of
execution, subject to the cancellation and termination provisions set forth in the
Agreement. The Agreement will automatically renew for an additional five (5) year period
unless either party terminates the Agreement pursuant to the terms herein.
2. Miscellaneous: This Agreement will be filed by the City of Yakima on its website pursuant
to RCW 39.34.040. No separate legal entity or entities are contemplated to be created as
part of this Agreement.
IN WITNESS WHEREOF, the Parties of this Agreement, having caused their names to
be affixed hereto by their proper officers, hereby execute this Agreement on the dates
indicated hereunder.
FOR THE STATE COOPERATIVE MEMBER: FOR THE STATE:
Signature: Signature:
Name: Authorized SPO Representative
Title: Title:
Date: Date:
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ARIZONA STATE PURCHASING COOPERATIVE AGREEMENT
State Cooperative Member Contact Information
Name of Organization:
Name of Contact Person: Qualification: (Click the appropriate Box in either the Political
Subdivision or Non-Profit categories)
Political Subdivision: Non-Profit Organization:
Title of Contact Person: ❑ Federal ❑ Other
Agency/Gov't Educational ❑ Healthcare
Institution Institution
❑ State ❑ Tribal Nation
❑ Religous
Telephone of Contact Person: ❑ County ❑ Fire District Organization
❑ City/Town ❑ Water District ❑ Charity
Telephone of Office: ❑ Public School ❑ Other: ❑ Other:
E-mail address of Primary Contact Person:
E-mail Address of Secondary Contact:
(If possible, please provide a general email address that can be forwarded to the contact person and that will not change should
the contact person leave the organization. The person receiving email from the State Procurement Office at the address above
needs to be responsible to forward the information to other interested parties at your organization as needed.)
Physical Address:
Mailing Address (if different from the physical address):
Federal ID Tax Number:
*Non-profit entities must attach proof of non-profit status with the agreement
Please notify the State Procurement Office of any changes to this information.
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