HomeMy WebLinkAbout12/08/2009 14 State of Washington Intergovernmental Agreement for State Purchasing Cooperative Membership BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting Of 12/8/09
ITEM TITLE: State of Washington Intergovernmental Agreement for State Purchasing
Cooperative Membership
SUBMITTED BY: Dave Zabell, Assistant City Manager
CONTACT PERSON/TELEPHONE: Sue Ownby, Purchasing Manager -- 576-6695
SUMMARY EXPLANATION:
• Staff respectfully requests approval of an agreement authorizing the City of Yakima to enter
• into the State of Washington Intergovernmental Agreement for State Purchasing Cooperative
Membership, for the purpose of undertaking governmental purchasing activity that each
party is authorized by law to perform, upon the terms and conditions as listed in the
agreement.
Pursuant to Chapter 39.34 RCW Interlocal Cooperation Act, the City of Yakima has had an
agreement with the State of Washington since 1975 in order to utilize State Contracts, •
however, the State has requested a new agreement be signed in order to accommodate a new
fee structure for all political sub-divisions.
As one of more than 650 cooperative members, our collective buying power allows us to take
advantage of substantial savings on contracts for goods and services. This agreement gives
us access to more than 300 contracts.
This agreement shall remain in effect until canceled by either party.
Resolution X Ordinance Contract Other (Specify)Agreernent
Funding Source: 019 Purchasing Budget Dues and Subscriptions: $4,000 per year
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Adopt a resolution to authorize and execute an
• Intergovernmental Purchasing Agreement with the State of Washington.
BOARD/COMMISSION RECOMMENDATION: •
COUNCIL ACTION:
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RESOLUTION NO. R-2009
A RESOLUTION authorizing the execution of a State of Washington Intergovernmental
Agreement for State Purchasing Cooperative.
WHEREAS, the City of Yakima and the State of Washington desire to arrange for
making cooperative purchases of certain goods and services; and the City Council of the City
of Yakima deems it to be in the best interests of the City that such an arrangement be carried
out according to the provisions, terms and conditions of the attached agreement document
and that it is in the best interests of the City that the attached agreement document be
executed, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
Section 1. The City Manager and City Clerk of the City of Yakima are hereby
authorized and directed to execute an agreement with the State of Washington for the
purpose mentioned above, a copy of which agreement, entitled "State of Washington
Intergovernmental Agreement for State Purchasing Cooperative," is attached hereto and by
reference made a part hereof.
ADOPTED BY THE CITY COUNCIL this day of , 2009.
Dave Edler, Mayor
ATTEST:
CITY CLERK
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State of Washington
DEPARTMENT OF GENERAL ADMINISTRATION
Office of State Procurement
Rm. 201 General Administration Building, P.O. Box 41017 • Olympia, Washington 98504-1017 • (360) 902-7400
• http://www.ga.wa.qov
STATE OF WASHINGTON
• INTERGOVERNMENTAL COOPERATIVE
PURCHASING AGREEMENT FOR ,
PUBLIC AGENCIES
Pursuant to Chapter 39.34 RCW and to other provisions of law, the State of
Washington, Department of General Administration, Office of State Procurement, •
Purchasing and Contract Administration, (hereinafter called the "Office of State
Procurement" or "OSP"), and the following named public agency, (CITY OF YAKIMA),
(hereinafter called the "Cooperative member") hereby enter into this Intergovernmental
Cooperative Purchasing Agreement (hereinafter called the "Agreement"), the purpose
of which is for undertaking governmental purchasing activity that each party is
• authorized by law to perform, upon the following terms and conditions:
( The Cooperative member must be an agency, Cooperative
member, or unit of local government of Washington state including,
but not limited to, municipal corporations, quasi-municipal
corporations, special purpose districts, and local service districts;
any agency of Washington state government; any agency of the
United States; any Indian tribe recognized as such by the federal
government; and any Cooperative member of another state of the
United States.
(2) The Office of State Procurement, in contracting for the purchase of
goods and services according to the laws and regulations
governing purchases by and on behalf of the State of Washington,
agrees to contract on behalf of the Cooperative member, to the
extent permitted by law and agreed upon by both parties. The
Cooperative member accepts responsibility for compliance with any
additional laws and regulations governing purchases by or on
behalf of the Cooperative member.
( The Office of State Procurement shall comply with its statutory
requirements regarding notice for bids or proposals for goods or
• services subject to this Agreement, and shall either post the bid or
solicitation notice on a web site established and maintained, by
OSP for the purposes of posting public notice of bid or proposal
• solicitations, or shall provide an access link on the State of •
Washington's web portal to the notice.
(4) When the Office of the State Procurement has entered into a
contractual agreement for the purchase of goods or services on
behalf of Cooperative member (s), the Cooperative member may
• purchase goods and services covered by the contract on the same
terms and conditions as the State of Washington, except that the
contractor has the right to modify payment terms based on their
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credit assessment of the Cooperative member. Purchases by the
Cooperative member may be made by a purchase order issued by
the Cooperative member to the state contractor. The Cooperative
member accepts full responsibility for payment for any goods and
services it purchases under contracts negotiated by OSP with
private vendors or items it purchases directly from OSP. The
Cooperative member accepts responsibility for contract monitoring
related to their use of these contracts.
(5) The Cooperative member reserves the right jo contract
independently for the purchase of any particular class of goods or
services, with or without notice being given to OSP.
(6) This Agreement shall be effective on the later of the two signatures
dates appearing below, and shall continue in force until canceled in
writing by either party.
(7) In the event that either the Office of the State Procurement or the
Cooperative member is abolished, this Agreement shall continue
in operation as to any public agency succeeding to the powers and
duties of the abolished party, except as canceled or modified by
operation of law. The Cooperative member may request a refund
of unexpired, membership exceeding three months, which may be
approved by OSP at their discretion.
(8) The Cooperative member agrees to use only contracts available to
the Cooperative member and only in accordance with those
contract terms and conditions. The Cooperative member further
agrees that all purchases from OSP contracts will be made only for
the direct use of the Cooperative member's programs (as covered
by this agreement) and will not be made on behalf of other
jurisdictions (Cooperative member").
(9) The Office of State Procurement is required by Chapter 236-49-060
WAC to recover the costs of administering the state purchasing
cooperative program from all its members. The Membership Fee
Schedule below sets forth the fee structure for Cooperative
members that are not Washington State Agencies, which is based
on the total expenditures less debt service and interfund transfers,
as reported in the Cooperative member's last audited financial
statements. The Cooperative member shall be charged a
membership fee based upon the self-declaration, as indicated by
their signatory's initials in the first column of the Membership Fee
Schedule below. The Cooperative member's self-determined
• membership fee is subject to change if not validated by OSP during
its subsequent reviews. This membership fee is due upon
subscribing for the first year of membership and by January 31 of
the membership cycle. fhe membership term is January 1 2008
through December 31 2009. The Cooperative member agrees to
pay the membership fee as a part of this Agreement. New
memberships beginning after June 30 may be prorated and will be
established at the discretion of OSP.
(10) Membership fees are established every two years. The State
Auditors' most recently published Local Govemment Comparative
Statistics report will be used to verify membership fee. Where a
Cooperative member is not reported separately in that document,
audited financial statements as published in the State Auditors'
Website will be used. The Superintendent of Public Instruction
(OSPI) web site will be used to verify fee issues for School
Districts. The most recent audited financial statement will be used
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as the authoritative source to resolve any issues regarding the
Annual Membership Fee due from the Cooperative member. .Any
Cooperative member not reported in the OSPI or State Auditor's
Websites, must submit a copy of its most recent audited financial .
statements to OSP. When a. member does not have audited
financial statements, the member shall provide internal budgets or
financial statements to OSP if requested.
(11) In addition to accessing State contracts established by the Office of
State Procurement, custom contracting and procurement services
are available for an additional predetermined fee. These include -
development of contracts and/or single requisitions that meet
specific needs. The cost for these optional services, typically a flat
fee, is established at the time of request.
(12) It is not the intention of the parties, nor shall this Agreement be
interpreted, to create a separate legal entity for the performance of
this Agreement. Instead, the Office of State Procurement shall be
responsible for administering this Agreement.
• -
(13) The Cooperative member shall be responsible for filing a copy of
this Agreement with its county auditor's office.
(14) By its signature below, the Office of State Procurement confirms it
approves of this Agreement as required by RCW 39.34.050 and it
is authorized to enter into this Agreement pursuant to RCW
39.34.030 and RCW 39.34.080. Similarly, by its signature below,
the Cooperative member confirms it is authorized to enter into this
Agreement pursuant to RCW 39.34.030 and RCW 39.34.080.
(15) PAYMENT and NOTICES: Payment shall be made to OSP at the
address given herein. Further, any notice, demand or other
communication required or permitted to be given under this
Contract shall be made to the parties at the addresses provided
below.
•
Mail: agreement and Payment to:
State of Washington, OSP PAF-Non/Prof Fund: 422 04 20 000214,
303 General Administration Bldg., P.O. Box 41008, Olympia, WA 98504-1008
Cooperative member contact information:
Contact Person (To whom contract documents and related communications are to be
mailed or faxed).
Cooperative Member Name City of Yakima
Contact Name: Sue Ownbv
Address: 129 North 2 Street
City, St. Zip Yakima, WA 98901
Phone Number: 509-576-6695
Federal Id #: 91-6001293
FAX Number: 509-576-6394
Email Address; sownbvOci.vakinna.wa.us
Two-Year Membership Fee Schedule
Note: Expenditures below are net of debt service and inter-fund transfers
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Jnitin box, Annuai expenditures Annual expenditures of Two-Year
of more than less than Membership Fee
$0.00 $3,000,000 $400 410
$3,000,001 $7,500,000 $1,000
$7,500,001 , $30,000,000 $2,000
$30,000,001 $68,000,000 $4,000
$68,000,001 $90,000,000 $6,000
$90,000,001 $150,000,000 $8,000
$150,000,001 and over $10,000
The undersigned has read, understands and agrees to the terms and conditions of this agreement and this
Authorized Signatory for the Cooperative member attests that the expenditure level initialed in the
Membership Fee Schedule above is true and correct.
Cooperative member Authorized Signature: Applicant must provide an authorized signature.
Name:
R.A. Zais, Jr.
Title: City Manager
Address (if not the same as above): same
Phone Number: 509-575-6040
Date Signed:
FOR OSP USE ONLY (Completed by OSP, this page will be returned to you in executed copy)
Approved as to form: , AAG Date: 07/18/07 (signature on file)
OSP has assigned you Co-op member number, . Please provide this number when ordering from
contracts or communicating with OSP.
OSP AUTHORIZED SIGNATURE
Name Title Date
41)
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