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Home My WebLink AboutR-2010-025 National Purchasing Partners Consortium MembershipA RESOLUTION RESOLUTION NO. R-2010-25 authorizing and directing the City Manager of the City of Yakima to take such actions as are necessary to register the City of Yakima as a participating public agency with National Purchasing Partners (NPP). WHEREAS, the City of Yakima, desires to arrange for making cooperative purchases of certain goods and services with NPP; 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; and, WHEREAS, pursuant to the provisions of RCW 39.34, the City of Yakima may enter into intergovernmental cooperative purchasing agreements in order to allow the parties of said agreements to cooperatively purchase or acquire publicly bid supplies, equipment, and materials under contract and to utilize each other's contracts, as needs arise; and WHEREAS, NPP assists public agencies in reducing the cost of purchased goods through pooling the purchasing power of public agencies nationwide; this is accomplished through competitively solicited contracts for quality products through NPP; and WHEREAS, it is recommended to City Council that the City of Yakima register as a participating public agency with the NPP; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to take such actions as are necessary to register the City of Yakima as a participating public agency with NPP for the purpose mentioned above. ADOPTED BY THE CITY COUNCIL this 16th day of February, 2010. 1()L4{ Micah Cawley, Mayor ATTEST: • National Purchasing Partners Member Intergovernmental Cooperative Purchasing Agreement This Intergovernmental Agreement (Agreement) by and between government entities and associated non-profit institutions that execute a Lead Contracting Agency Authorization ("Lead Contracting Agency(ies)") to be supplemented and made a part hereof and participating National Purchasing Partners ("NPP") government entity members ("Participating Agencies") that agree to the terms and conditions of this Agreement. All NPP Lead Contracting Agencies and Participating Agencies shall be considered as "parties" to this agreement. WHEREAS, upon completion of a formal competitive solicitation and selection process, the Lead Contracting Agencies have entered into Master Price Agreements with one or more Vendors to provide goods and services, often based on national sales volume projections; WHEREAS, NPP, is a subsidiary of two nonprofit health care systems, providing group purchasing marketing and administrative support for governmental entities within the membership. NPP's marketing and administrative services are free to its membership, which includes participating public entities and non-profit institutions throughout North America. WHEREAS, NPP has instituted a cooperative purchasing program under which member Participating Agencies may reciprocally utilize competitively solicited Vendor Contracts through the inclusion of the membership in Lead Contracting Agency bid Solicitation and Master Price Agreements; WHEREAS, the Master Price Agreements provide that all members of NPP may purchase goods and services on the same terms, conditions and pricing as the Lead Contracting Agency, subject to applicable local and state laws of the Participating Agencies; WHEREAS, the . parties agree to comply with the requirements of the Intergovernmental Cooperation Act as may be applicable to the local and state laws of the Participating Agencies; WHEREAS, the parties desire to conserve and leverage resources, and to improve the efficiency and economy of the procurement process while reducing solicitation and procurement costs; WHEREAS, the parties are authorized and eligible to contract with governmental bodies and Vendors to perform governmental functions and services, including the purchase of goods and services; and WHEREAS, the parties desire to contract with Vendors under the terms of the Master Price Agreements open to all NPP members; NOW, THEREFORE, the parties agree as follows: ARTICLE 1: LEGAL AUTHORITY Each Party represents and warrants that it is eligible to participate in this Agreement because it is a local government or non-profit corporation created and operated to provide one or more governmental functions and possesses adequate legal authority to enter into this Agreement. ARTICLE 2: APPLICABLE LAWS The procurement of goods and services subject to this Agreement shall be conducted in accordance with and subject to the relevant statutes, ordinances, rules, and regulations that govern each party's procurement policies. It is the responsibility of each party to ensure it has met all applicable solicitation and procurement requirements, both in state law and local policy. ARTICLE 3: USE OF BID, PROPOSAL OR PRICE AGREEMENT a. Each party will facilitate the cooperative procurement of goods and services. b. The procuring party shall be responsible for the ordering of goods and services under this Agreement. A non procuring party shall not be liable in any fashion for any violation by a procuring party, and the procuring party shall hold non -procuring parties harmless from any liability that may arise from action or inaction of the procuring party. c. The procuring party shall not use this agreement as a method for obtaining additional concessions or reduced prices for similar goods and services outside the scope of the Master Price Agreements and NPP. d. The exercise of any rights or remedies by the procuring party shall be the exclusive obligation of such procuring party. e. The cooperative use of bids, proposals or Price Agreements obtained by a party to this Agreement shall be in accordance with the terms and conditions of the bid, proposal or Price Agreement, except as modified where otherwise t O • • allowed or required by applicable law, and does not relieve the party of its other bid requirements understate law or local policies. ARTICLE 4: PAYMENT OBLIGATIONS The procuring party will make timely payments to Vendors for goods and services received in accordance with the terms and conditions of the procurement.. Payment for goods and services, inspections and acceptance of goods and services ordered by the procuring party shall be the exclusive obligation of such procuring party. Disputes between procuring party and Vendor shall be resolved in accordance with the law and venue rules of the state of the procuring party. ARTICLE 5: COMMENCEMENT DATE This Agreement shall take effect after execution of the "Lead Contracting Agency Endorsement and Authorization" or "Participating Agency Endorsement and Authorization," as applicable. ARTICLE 6: TERMINATION OF AGREEMENT This Agreement shall remain in effect until terminated by a party giving 30 days written notice to NPP at 1100 Olive Way, Suite 900, Seattle, Washington 98101. ARTICLE 7: ENTIRE AGREEMENT This Agreement and any attachments, as provided herein, constitute the complete Agreement between the parties hereto, and supersede any and all oral and written agreements between the parties relating to matters herein. ARTICLE 8: CHANGES AND AMENDMENTS This Agreement may be amended only by a written amendment executed by all parties, except that any alterations, additions, or deletions of this Agreement which are required by changes in Federal and State law or regulations are automatically incorporated into this Agreement without written amendment hereto and shall become effective on the date designated by such law or regulation. ARTICLE 9: SEVERABILITY' All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. THIS INSTRUMENT HAS BEEN. EXECUTED IN TWO OR MORE ORIGINALS BY EXECUTION AND ATTACHMENT OF EACH "LEAD CONTRACTING AGENCY ENDORSEMENT AND AUTHORIZATION" OR "PARTICIPATING AGENCY ENDORSEMENT AND AUTHORIZATION," AS APPLICABLE. ONCE EXECUTED, IT IS THE RESPONSIBILITY OF EACH - PARTY TO FILE THIS AGREEMENT WITH THE PROPER AGENCY IF REQUIRED BY LOCAL OR STATE LAW. • • LEAD CONTRACTING AGENCY ENDORSEMENT AND AUTHORIZATION The. undersigned acknowledges, on behalf of League of Oregon Cities (Lead Contracting Agency) that he/she has read and agrees to the general terms and conditions set forth in the enclosed Member Intergovernmental Cooperative Purchasing Agreement regulating use of the Master Price Agreements and purchase of goods and services that from time to time are made available by Lead Contracting Agencies to Participating Agencies locally, regionally, and nationally through NPP. Copies of Master Price Agreements and any amendments thereto made available by Lead Contracting Agencies will be provided to Participating Agencies and NPP to facilitate use by Participating Agencies. The undersigned understands that the purchase of goodsand services under the provisions of the Member Intergovernmental Cooperative Purchasing Agreement is at the absolute discretion of the Participating Agencies. The undersigned affirms that he/she is an agent of League of Oregon Cities and is duly authorized to sign this Lead Contracting Agency Endorsement and Authorization. BY: ITS: ( e2.e- Dixrer` Lead Contracting Agency Contact Information: Contact Person: Jcnnie Messmer Address: P. 0. Box 928 Salem, OR 97308 Telephone No.: 503-588-6550 Email: jmessmer@@orcities.org Date: '/ 3f(C PARTICIPATING AGENCY ENDORSEMENT AND AUTHORIZATION The undersigned acknowledges, on behalf of (Participating Agency) that he/she has read and agrees to the general terms and conditions set forth in the enclosed Member Intergovernmental Cooperative Purchasing Agreement regulating use of the Master Price Agreements and purchase of goods and services that from time to time are made available by Lead Contracting Agencies to Participating Agencies locally, regionally, and nationally through NPP. The undersigned further acknowledges that the purchase of goods and services under the provisions of the Member Intergovernmental Cooperative Purchasing Agreement is at the absolute discretion of the Participating Agency and that neither the Lead Contracting Agency nor NPP shall be held liable for any costs or damages incurred by or as a result of the actions of the Vendor or any other Participating Agency. Upon award of contract, the Vendor shall deal directly with the Participating Agency concerning the placement of orders, disputes, invoicing and payment. The undersigned affirms that he/she is an agent of and is duly authorized to sign this Participating Agency Endorsement and Authorization. Date: BY: ITS: Participating Agency Contact Information: Contact Person: Address: Telephone No.: Email: O BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of February 16, 2010 ITEM TITLE: A Resolution authorizing membership with the National Purchasing Partners (NPP) Purchasing Consortium SUBMITTED BY: Dave Zabell, Assistant City Manager — 575-6040 CONTACT PERSON: Sue Ownby, Purchasing Manager — 576-6695 SUMMARY EXPLANATION: Staff respectfully requests approval authorizing the City of Yakima and National Purchasing Partners (NPP) to arrange joint cooperative purchases of certain goods and services. Pursuant to Chapter 39.34 RCW Interlocal Cooperation Act, the Streets Division has requested that the City become a member of NPP in order to purchase LED Street Lighting. NPP works with public and non-profit agencies, who as Principal Procurement Agencies competitively and publicly solicit national master agreements for aggregated use. This cooperative purchasing strategy offers lower costs, plus time and resource savings, to participating agencies. Becoming a member will also allow for future joint or cooperative purchases of goods and services between the City of Yakima and NPP. Resolution X Ordinance Contract Other (Specify) Agreement Funding Source: APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Staff respectfully requests that the City Council adopt the Resolution authorizing and directing the City Manager of the City of Yakima to take such actions as are necessary to register the City of Yakima as a participating public agency with NPP. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: