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HomeMy WebLinkAbout04/07/2015 05D Intergovernmental Cooperative Purchasing Agreement with The Interlocal Purchasing System (TIPS)ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 5.D. For Meeting of: April 7, 2015 Resolution authorizing an Intergovernmental Cooperative Purchasing Agreement with The Interlocal Purchasing System (TIPS), acting by and through Region VIII Education Service Center SUBMITTED BY: Maria Mayhue, Senior Buyer SUMMARY EXPLANATION: Staff respectfully requests approval authorizing the City of Yakima and The Interlocal Purchasing System (TIPS) to arrange joint cooperative purchases of certain goods and services. Pursuant to Chapter 39.34 RCW Interlocal Cooperation Act, the Purchasing Division has requested that the City become a member of TIPS in order to take advantage of contracts available through this purchasing consortium. TIPS works by and through Region VIII Education Service Center located in Pittsburg, Texas, who as the Principal Procurement Agency competitively and publicly solicits 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 TIPS. Resolution: X Ordinance: Other (Specify): Contract: X Contract Term: Until Cancelled Start Date: April 7, 2015 End Date: Until Cancelled Item Budgeted: NA Amount: Funding Source/Fiscal Impact: Strategic Priority: Partnership Development Insurance Required? No Mail to: Phone: APPROVED FOR SUBMITTAL: RECOMMENDATION: City Manager Staff respectfully requests that the City Council adopt the Resolution authorizing and directing the City Manager of the City of Yakima to enter into an Interlocal Purchasing Agreement with TIPS through Region VIII Education Service Center . ATTACHMENTS: Description Upload Date 1-11 Resolution -TIPS Interlocal Purchasing Agreement 3/24/2015 1-11 Interlocal Purchasing Agreement TIPS/TAPS 3/20/2015 Type fesollu.utiion Contract RESOLUTION NO. R -2015- A RESOLUTION authorizing the City Manager to execute an Intergovernmental Cooperative Purchasing Agreement with The Interlocal Purchasing System (TIPS), acting by and through Region VIII Education Service Center. WHEREAS, the City of Yakima, pursuant to the authority granted by Washington State purchasing requirements in the Revised Code of Washington (RCVV) 39.34 Interlocal Cooperation Act, desires to participate in The Interlocal Purchasing System (TIPS). TIPS is a National Cooperative Purchasing Program offered by Region VIII Education Service Center, located in Pittsburg, Texas. Participation, through membership and utilization of competitively bid and awarded vendor contracts in a cooperative purchasing program specializing in the management of high quality cooperative procurement solutions will be beneficial to the taxpayers through the anticipated savings to be realized by the City. WHEREAS, the City of Yakima and Region VIII Education Service Center 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: The City Manager and City Clerk of the City of Yakima are hereby authorized and directed to execute an agreement with Region VIII Education Service Center for the purpose mentioned above, a copy of which agreement, entitled "Interlocal Agreement," is attached hereto and by reference made a part hereof. ADOPTED BY THE CITY COUNCIL this day of , 2015. ATTEST: Micah Cawley, Mayor Sonya Claar Tee, City Clerk INTERLOCAL AGREEMENT Region VIII Education Service Center WASHINGTON PUBLIC AGENCY (School, College, University, State, City or County Office) Ct \ Y\A r• -r) WASHINGTON EDUCATIONAL OR GOVERNMENT ENTITY and Region VIH Education Service Center Pittsburg, Texas Control Number (TIPS will Assign) Schools enter County -District Number 225 - 950 Region 8 County -District Number The Texas Education Code §8.002 permits Regional Education Service Centers, at the direction of the Commissioner of Education, to provide services to assist school districts, colleges and universities in improving student performance and increasing the efficiency and effectiveness of school, college and university financial operations. Government Authority: Authority for such services in WASHINGTON is granted under WASHINGTON Government Code § 39.34 et seq as amended. These competitively bid cooperative purchasing services are extended to all WASHINGTON State, City and County Government Agencies. Interlocal contracts in Washington are authorized by the Washington Interlocal Cooperation Act ("WICA") WASH. REV. CODE § 39.34, et seq. MCA provides that any power, privileges or authority exercised by a public agency of Washington may be exercised jointly with any other Washington public agency or with any public agency of any other state. WASH. REV. CODE § 39.30 (1) "Public Agency" means "any agency, political subdivision, or unit of local government of this state...and any political subdivision of another state." WASH. REV. CODE § 39.34.050 (1). Pursuant to the TICA, a Texas regional education service center is considered a political subdivision of the state of Texas; thus, a Texas regional education service center would be considered a public agency for the purposes of MCA. See TEX.GOV'T CODE § 791.003 (5). The construction projects have additional requirements. See Powell & Leon letter of May 19, 2009. Vision: TIPS will become the premier purchasing cooperative in North America through developing partnerships with quality vendors, school districts, universities, colleges, all governmental entities, and public and private industry. Mission: Our mission is to provide a proven purchasing process through quality customer service including timely response, legal support and effective recruitment by providing sufficient resources to include personnel. Purpose: The purpose of the TIPS program shall be to continue providing substantial savings and best value for participating educational entities or public agencies through cooperative purchasing. Effective: This | Ag eement (hereinafter referred to as the is effective _A \l_ and shall be automatically renewed annually unless either party gives sixty (60) days priwritten notice of non -renewal. This Agreement may be terminated without cause by either party upon (60) days prior written notice, or may also be determined for cause at anytime upon written notice stating the reason for and effective date of such terminations and after givng the affected party a thirty (30) day period to cure any breach. Statement of Services to be Performed: Region VIII Education Service Center, by this Agreement, agrees to provide competitively bid cooperative purchasing services to the above-named public entity through a Program known as The Interlocal Purchasing System (TIPS) Program Role of theTIPS Purchasing Cooperative: 1. Provide organizational and administrative structure of the TIPS Program. 2. Provide Administrative and Support Staff necessary for efficient operation of the TIPS Program. 3. Provide marketing of the TUPS program to expand membership, awarded contracts and commodity categories. 4. lnitiate and implement activities required for competitive bidding and vendor award process including puating, odxertisimg, cmU|entimQ proposals, scoring propmse|s, and awarding of vendor contracts. 5. Provide members with current awarded vendor contracts, instructions for obtaining quotes and ordering procedures. 6. Maintain filing system for all competitive bidding procedure requirements. 7. Provide Reports as requested. 8. Maintain actve membership database for awarded vendors. S. Provide TIPS training to members and vendors upon request. Role of the Education or Government Entty: 1. Committo participate in the TIPS Program. 2. Designate a Primary and Technology Contact for the entity to be responsible for promoting TIPS within the organization. 3 Commit to purchase products and services from TIPS Vendor Awarded Contracts when in the best nterest of the entity PURCHASE ORDER MUST ALWAYS BE MARKED TIPS and FAXED to86O-839-84?3for processing. 4. Accept shipments of products ordered from Awarded Vendors in accordance with standard purchasing procedures. Q, Pay Awarded Vendors in a timely manner for all goods and services received. 7. Report any vendor issues that may arise to the TPS Cooperative Coordinator. General Provisions: Both Parties agree to comply fully with all applicable federe|, state, and local statutea, ordinances, ru|es, and regulations in connection with the programs contemplated under this Agreement. This Agreement is subject to all applicable present and future valid laws governing such programs. This Agreement shall be governed by the laws of the State of Texas and venue shall be in the It is the responsibility of the Entity purchasing from TIPS to insure that the respective State purchasing laws are being followed. This Agreement contains the entire agreement of the Parties hereto with respect to the matters covered by its terms, and it may not be modified in any manner without the express written consent of the Parties. If any term(s) or provision(s) 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 Before any party may resort to litigation, any claims, disputes or other matters in question between the Parties to this Agreement shall be submitted to nonbinding mediation No Party to this Agreement waives or relinquishes any immunity or defense on behalf of themselves, their directors, officers, employees, and agents as a result of its execution of this Agreement and performance of the functions and obligations described herein. This Agreement may be negotiated and transmitted between the Parties by means of a facsimile machine and the terms and conditions agreed to are binding upon the Parties. Authorization: Region VIII Education Service Center and The Interlocal Purchasing System (TIPS) Program have entered into an Agreement to provide competitively bid cooperative purchasing opportunities to entities as outlined above. This Interlocal Agreement process was approved by the governing boards of the respective parties at meetings that were posted and held in accordance with the respective STATE Open Meetings Act, for Texas it was Government Code Ch. 551. The individuals signing below are authorized to do so by the respective parties to this Agreement. Membership Entity- Region 8 Education Service Center By: By: Authorized Signature Authorized Signature Title: Title: Executive Director Region VIVI ESC Date Date Public Entity Contact Information e aii\Ank\ift.q0\1 Primary Person's Email A dress 777 6093 Telephone Number 09 34 Fax Number n C)v-s)15/ Primary Purchasing P rson's Name Mailing Address City, State V-A1P-4A, N-A-Vus, Seqondary Con ct's Name ta.fflaqh1 )e4ii.cock\A)00 Plov Secondary Conta'ct's Email ddress Instructions: Please send two signed original Interlocal Agreements and one copy of Board Resolution (if required) to: TIPS, Attn: Kim Thompson C/O Region VIII Education Service Center 4845 US Highway 271 North Pittsburg, TX 75686 Upon execution, a signed original ill be returned to the Purchasing Contact listed above.