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HomeMy WebLinkAboutR-2013-030 Intergovernmental Cooperative Purchasing Agreement with the City of Tucson, AZRESOLUTION NO. R- 2013 -030 A RESOLUTION authorizing the execution of an Intergovernmental Cooperative Purchasing Agreement with the City of Tucson, Arizona. WHEREAS, the City of Yakima and City of Tucson 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 City of Tucson for the purpose mentioned above, a copy of which agreement, entitled "Cooperative Purchasing Agreement," is attached hereto and by reference made a part hereof. ADOPTED BY THE CITY COUNCIL this 5th day of March, 2013. A Micah a w I e y ATTEST: W CITY OF TUCSON COOPERATIVE PURCHASING AGREEMENT This Agreement entered into this 29th day of ; ` , January between the City of Tucson hereinafter called the "City" and f . City of Yakima> :;' . `, a public procurement unit, hereinafter - called "eligible procurement unit," to permit the eligible procurement unit to purchase materials and services from vendors at the prices and terms contained in contracts between the City of Tucson and those vendors Any eligible procurement unit may enter into an Agreement with the City of Tucson Department of Procurement for the purpose of utilizing their respective cooperative contracts. (Arizona Revised Statutes Section 41- 2632). In consideration of the mutual promises contained in this Agreement, and of the mutual benefits to result thereof, the parties agree as follows: 1. The City shall make available certain contracts to the eligible procurement units. 2. For those contracts awarded by the City, specifications for the materials and services will be determined by the City of Tucson Department of Procurement. 3. City procurement processes shall be conducted in accordance with the City's Charter (Chapter 28), the City Procurement Code and City Department of Procurement administrative policies and procedures The eligible procurement unit will insure that its own legal requirements are met and shall be responsible for any additional actions that may be necessary to meet those requirements 4 The City may invite an eligible procurement unit to participate in any solicitation 5 The eligible procurement unit shall. a. Insure that purchase orders issued against eligible City contracts are in accordance with the terms and prices established in the City contract. b Make timely payments to the vendor for all materials and services received in accordance with the terms and conditions of the City contract. Payment for materials or services and inspection and acceptance of materials or services ordered by the eligible procurement unit shall be the exclusive obligation of such unit. c Not use a City contract as a method for obtaining additional concessions or reduced prices for contracted materials or services The eligible procurement unit shall not advertise or market City contracts without the City's prior written consent. d Be responsible for ordering materials or services under this agreement. The City shall not be liable in any fashion for any violation by eligible procurement unit of this agreement, and the eligible procurement unit shall be responsible for any liability which may arise from action or inaction of the eligible procurement unit relating to this agreement or its subject matter 6 The exercise of any rights or remedies by the eligible procurement unit shall be the exclusive obligation of such unit; however, the City, as the contract administrator and without subjecting itself to any iiability, may join in the resolution of any controversy should it so desire. 7. The City may terminate this Agreement if the eligible procurement unit fails to comply with the terms of a City contract. 8 This Agreement shall take effect upon execution by the parties and shall continue until it is terminated in accordance with its terms. This Agreement supersedes any and all previous cooperative purchase agreements. 9 Either party may terminate this Agreement with at least thirty- (30) days written notice to the other party 10. Failure of the eligible procurement unit to secure performance from the contractor in accordance with the terms and conditions of its purchase order does not necessarily require the City to exercise its own rights or remedies 11. This Agreement may be cancelled pursuant to the provisions of A.R.S. 38-511. 12 This Agreement is exempt from the provisions of A.R.S. 11-952, Subsections D and F under provision of A.RG.41-2G32 13. The City and the eligible procunamerdunitagraanotbodisoriminabeogainatanyemolovoaorapp|icontfor employment in violation of the terms of Federal Executive Order 11246 and State Executive Order No 99-4. A.R.G.41-14O1 aLaeq 14. Appropriate action by ordinance, resolution or otherwise pursuant to the laws applicable to the eligible procurement unit shall be necessary before this agreement becomes effective |N WITNESS WHEREOF, the parties of this Agreement have caused their names to be affixed hereto by their prcper officers on the dates indicated. ' —� ' ��T ,�LIK�I^� ���� ON;-- .. � � Ennai|Add AUTHOWZED AUTHORITY FC)RTX1 ELIGIBLE PR� �U��V�NTUN|T: Printed Name W&Zluf4-� 20,� �- Marcheta Gillespie Printed Name Interim Director of Procurement TitlIT Title of Dated this 29th day of January , 2013 APPROVED AS TO FORM: RESOLUTION NO- 6: 04.-L FOR Attorney for Eligible Procurement Unit Dated this Form ar,proved this 9�� day of January, 2009, for the City of Tucson. (Form with oiiginal signature of approval is on file in the Cit3l Clerk's Office.) David L. Deibel David L. Deibel, Principal Assistant City Attorney 2 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of: March 5, 2013 S7 e7- ITEM TITLE: Resolution_ authorizing the execution of an Intergovernmental Cooperative Purchasing Agreement with the City of Tucson, AZ SUBMITTED BY: Sue Ownby, Purchasing Manager 576 -6695 CONTACT Susan Knotts, Buyer II PERSON /TELEPHONE: 575 -6095 SUMMARY EXPLANATION: Staff respectfully requests approval of an agreement authorizing the City of Yakima and Tucson, Arizona, to arrange joint cooperative purchases. Pursuant to Chapter 39.34 RCW Interlocal Cooperation Act, the City of Yakima Purchasing Division has requested this agreement be administered in order to piggy -back off City of Tucson's contract with "Public Surplus.com" to dispose of certain city -owned surplus property. The City of Tucson in turn, will be authorized to piggy -back off City of Yakima contracts. This agreement shall remain in effect until canceled by either party. Resolution X Contract: X Contract Term: Until canceled by either party Insurance Required? No Funding N/A Source: APPROVED FOR SUBMITTAL: STAFF RECOMMENDATION: Ordinance Mail to: Amount: None Other (specify) Expiration Date: None Phone: City Manager Adopt resolution to execute an Intergovernmental Cooperative Purchasing Agreement with City of Tucson, Arizona.,', BOARD /COMMISSION RECOMMENDATION: ATTACHMENTS: Click to download ❑ Resolution ❑ Intergovernmental Cooperative Purchasing Agreement