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HomeMy WebLinkAboutR-2015-088 Purchasing Agreement with Brazos Valley Council of Governements; Registration with Purchasing Solutions AllianceA RESOLUTION RESOLUTION NO. R-2015-088 authorizing and directing the City Manager of the City of Yakima to execute an Interlocal Purchasing Agreement with Brazos Valley Council of Governments (BVCOG) and to take such actions as are necessary to register the City of Yakima as a participating public agency with Purchasing Solutions Alliance (PSA) WHEREAS, the City of Yakima (City), desires to arrange for making cooperative purchases of certain goods and services with PSA; 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, BVCOG assists public agencies in reducing the cost of purchased goods and services by realizing economies of scale, this is accomplished through competitively solicited contracts through PSA; and WHEREAS, it is recommended to City Council that the City of Yakima register as a participating public agency with PSA under the terms and conditions set forth in the attached Interlocal Purchasing Agreement, which is incorporated herein by this reference; 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 Brazos Valley Council of Governments (BVCOG), Purchasing Solutions Alliance (PSA) for the purpose mentioned above, a copy of which agreement, entitled "Interlocal Purchasing Agreement", is attached hereto and by reference made a part hereof. ADOPTED BY THE CITY COUNCIL this 7th day of July, 2015. ATTEST: 726L on a Claar Tee, City Clerk Micah Cawley,,Vlayor Purchasing Solutions Alliance a purchasing cooperative for public agencies INTERLOCAL PURCHASING AGREEMENT THIS INTERLOCAL AGREEMENT ("ILA"). made and entered into pursuant to the Texas Interlocal Cooperation Act, Chapter 791, Texas Government Code (the "Act"), by and between the Brazos Valley Council of Governments, hereinafter referred to as ''BVCOG," having its principal place of business at 3991 East 29th St., Bryan, Texas 77802, and City of Yakima . a local government, a state agency, or a non-profit corporation created and operated to provide one or more governmental functions and services, hereinafter referred to as "Cooperative Member," having its principal place of business at 129 N 2nd Street, Yakima, WA 98901 WHEREAS, BVCOG is a regional planning commission and political subdivision of the State of Texas operating under Chapter 391, Texas Local Government Code; and WHEREAS, pursuant to the Act, BVCOG is authorized to contract with eligible entities to perform governmental functions and services, including the purchase of goods and services; and WHEREAS, in reliance on such authority, BVCOG has instituted a cooperative purchasing program, hereinafter referred to as the ''Purchasing Solutions Alliance" or ''PSA," under which it contracts with eligible entities under the Act; and WHEREAS; Cooperative Member has represented that it is an eligible entity under the Act, that its governing body has authorized this Agreement on July 21, 2015 (Date), and that it desires to contract with BVCOG on the terms set forth below; NOW, THEREFORE, BVCOG and the Cooperative Member do hereby agree as follows: ARTICLE 1: LEGAL AUTHORITY The Cooperative Member represents and warrants to BVCOG that it is eligible to contract with BVCOG under the Act for the purposes recited herein because it is one of the following: a local government, as defined in the Act (a county, a municipality, a special district, or other political subdivision of the State of Texas or any other state, or a combination of two or more of those entities, a state agency (an agency of the State of Texas as defined in Section 771.002 of the Texas Government Code, or a similar agency of another state), or a non-profit corporation created and operated to provide one or more governmental functions and services, and it possesses adequate legal authority to enter into this Agreement. ARTICLE 2: APPLICABLE LAWS BVCOG and the Cooperative Member agree to conduct all activities under this Agreement in accordance with all applicable rules, regulations, and ordinances and laws in effect or promulgated during the term of this Agreement. ARTICLE 3: WHOLE 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. 1 of3 BVCOG-PSA Interlocal Purchasing. Agreement - Rev 04 07 14 ARTICLE 4: PERFORMANCE PERIOD This Agreement shall be effective when signed by the last party whose signing makes the Agreement fully executed and will remain in full force and effect for one (I) year. This Agreement shall automatically renew for successive one-year terms unless sooner terminated in accordance with the provisions of this Agreement. The conditions set forth below shall apply to the initial term and all renewals. Notwithstanding this provision, any party may modify or terminate this Agreement as provided in Article(s) 7 or 8 ARTICLE 5: SCOPE OF SERVICES The Cooperative Member appoints BVCOG its true and lawful purchasing agent for the purchase of certain products and services through the Purchasing Solutions Alliance cooperative purchasing program. All purchases hereunder shall be in accordance with Texas statutes and procedures governing competitive bids and competitive proposals and in accordance with specifications and contract terms established by BVCOG, and at the prices available and published by BVCOG. Ownership (title) to products purchased through contracts awarded pursuant to the PSA program shall transfer directly from the contractor to the Cooperative Member. Nothing in this Agreement shall prevent the Cooperative Member from purchasing and/or accepting and awarding bids, proposals and contracts subject to this Agreement on its own behalf. ARTICLE 6: PAYMENTS Upon delivery of goods or services purchased and presentation of a properly documented invoice, the Cooperative Member shall promptly, and in any case within thirty (30) days, pay the vendor and/or contractor the full amount of the invoice. All payments for goods or services will be made from current revenues available to the paying party. In no event shall BVCOG have any financial liability to the Cooperative Member for any goods or services Cooperative Member procures through its PSA program. ARTICLE 7: CHANGES AND AMENDMENTS This Agreement may be amended only by a written amendment executed by both parties, except that any alternations, additions. or deletions to the terms 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. BVCOG reserves the right to make changes in the scope of products and services offered through the PSA cooperative purchasing program to be performed hereunder. ARTICLE 8: TERMINATION PROCEDURES BVCOG or the Cooperative Member may cancel this Agreement at any time upon thirty (30) days written notice by certified mail to the other party to this Agreement. The obligations of the Cooperative Member, including obligations to pay any vendor or contractor for all goods and/or services purchased under this Agreement, shall survive such cancellation, as well as any other obligation incurred under this Agreement, until performed or discharged by the Cooperative Member. 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. 2013 BVC O( -PSA Interlocal Purchasing Agreement - Rev 04 07 14 ARTICLE 10: FORCE MAJEURE To the extent that either party to this Agreement shall be wholly or partially prevented from the performance within the term specified of any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, accident, order of any court, act of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is removed; provided, however, force majeure shall not excuse an obligation solely to pay funds. ARTICLE 11: CONSENT TO SUIT Nothing in this Agreement will be construed as a waiver or relinquishment by either party of its right to claim such exemptions, privileges and immunities as may be provided by law. ARTICLE 12: MISCELLANEOUS a. This Agreement has been made under and shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under, or in connection with, this Agreement shall lie exclusively in Brazos County, Texas. b. The persons executing this Agreement hereby represent that they have authorization to sign on behalf of their respective entities. c. This Agreement and the rights and obligations contained herein may not be assigned by either party without the prior written approval of the other party to this Agreement. THIS INSTRUMENT HAS BEEN EXECUTED BY THE PARTIES HERETO AS FOLLOWS: Brazos Valley Council of Governments Purchasing Solutions Alliance 3991 East 29th St. Bryan, Texas 77802 BVC6G Exee Director or Designee —"re,„v/ lJ/LdL, JIsOn/ Signature of Executive Director or Designee Date: " /5 -M:ict -utas- SUSa n Attest: PSA Program Manager Attest:.. cy,d-roo Signature of PSA Program Date: -- 2c - I S ana•er City of Yakima Name of Cooperative Member 129 N 2nd Street Mailing Address Yakima, WA 98901 City, State. ZIP Code Sue Ownby, Purchasing Manager Name & Title of Primary Contact Person 509-576-6695 Telephone Sue.Ownby@yakimawa.gov E-mail Address Tony O'f ourke, C Nam B. Signat Date: nee Elected Official or Designee 3 of 3 BVCOG-PSA interlocal Purchasing Agreement - Rev 04 07 14 CITY CONTRAC r NO: /,A9 RESOLUTION NO: ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 5.E. For Meeting of: July 7, 2015 Resolution authorizing an Interloc al Purchasing Agreement with Brazos Valley Council of Governments and to take such actions as are necessary to register the City of Yakima as a participating public agency with Purchasing Solutions Alliance Maria Mayhue, Senior Buyer SUMMARY EXPLANATION: Staff respectfully requests approval authorizing the City of Yakima and BVCOG to arrange joint cooperative purchases of certain goods and services. Pursuant to Chapter 39.34 RCW Interlocal Cooperation Act, the Purchasing Division is requesting that the City become a member of Purchasing Solutions Alliance (PSA) through BVCOG in order to take advantage of contracts available through this purchasing cooperative. Becoming a member will allow for future joint or cooperative purchases of goods and services between us. BVCOG is located in Central Texas, and they currently have a contract with Napa Auto Parts that we would like to use. Resolution: X Other (Specify): Contract: X Start Date: July 21, 2015 Item Budgeted: NA Funding Source/Fiscal Impact: Strategic Priority: Insurance Required? No NIail to: Phone: APPROVED FOR SUBMITTAL: RECOIvIIvIENDATION: Ordinance: Contract Term: Until Cancelled End Date: Until Cancelled Amount: Partnership Development 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 BVCOG and register as a participating public agency with PSA. ATTACHMENTS: Description Upload Date Type ❑ Resolution - Authorize ILA with BVCOG/PSA 6/26/2015 Resolution ❑ Interlocal Purchasing Agreement BVCOG/PSA 6/26/2015 Contract ❑ BVCOG/PSA Information 6/26/2015 Backup Material About PSA - Brazos Valley Council of Governments Page 1 of 2 Brazos Valley Council of Governments Partners in Regional Solutions Home Programs Departments About Us Contact Us Events > Purchasing Solutions Alliance PSA Home 1 About PSA 1 News 1 Membership 1 Vendor Info 1 Active Solicitations 1 Cooperative C Purchasing Solutions Alliance a purchasing cooperative for public agencies About Purchasing Solutions Alliance January 9th, 2008 the Brazos Valley Council of Governments' Board of Directors unanimously approved a resolution creating Purchasing Solutions Alliance (PSA), a purchasing cooperative for public agencies. The purpose of PSA is to identify qualified vendors of goods and services, to comply with state bidding requirements, and to relieve the burdens of governmental purchasing by realizing economies of scale. Our mission is to serve our members by helping them save money on goods and services. Our goal is to continually increase membership in PSA and thereby increase our presence with vendors. As our membership continues to grow and more contracts are secured through the competitive procurement process, additional savings can be obtained for participating member entities. Local governments, public agencies, political subdivisions and nonprofits have the opportunity to become one of our member entities that have access to discount pricing from qualified vendors and thousands of competitively procured products and services. Membership with PSA is provided at no -cost and there are no -obligations to meet minimum spending requirements. All contracts offered through PSA have been subjected to the competitive procurement process mandated by state procurement laws and regulations. Generally, we utilize the formal Request for Proposals (RFP) method as it allows us to negotiate with the highest ranked vendor and ultimately provides the best value for our members. As a standard business practice, we avoid multiple awards and seek to award contracts to the best of the best in terms of quality of products/services, delivery terms, customer service, reputation, and pricing. The PSA program will save your agency time, money and duplication of the competitive procurement process. Utilizing a PSA contract means your agency works directly with the approved vendor. Click here to view available list of contracts through PSA. Quick I I cli in SE http:l/www.bvcog.org/programs/purchasing-solutions-alliance/about-us-2/ 6/26/2015 Cooperative Contracts - Brazos Valley Council of Governments Page 1 of 1 Brazos Valley Council of Governments Partners in Regional Solutions Home Programs Departments About Us Contact Us Events Online Payments %1/4. 979-595-2800 m Directory 011216 L:a > Purchasing Solutions Alliance PSA Home 1 About PSA I News 1 Membership 1 Vendor Info 1 Active Solicitations 1 Cooperative Contracts 1 Contact PSA 1 FAQs Purchasing Solutions Alliance a purchasing cooperative forpublic agencies Cooperative Contracts To learn more about a particular contract, click on the "Contract Information" button. LAWSON MRO Equipment, Supplies and Services Contract Information &1a RCWobgy 6Meyatm, OfficeMax Office Supplies, Related Products and Services a> AWO PARTS Automotive Parts, Related Products and Services Contract Information Contract Information CARDIAC science T�Sales,.. Multifunction Devices, Automated External Custodial Supplies, Related Products, Services Defibrillators (AED's) Equipment and Solutions and Services and Services Contract Information Periscope e -Procurement Solutions Contract Information BVCOG Affiliates Contract Information Contract Information Quick Links Become a PSA Member for FREE! Interested Vendors click here for more information. Interested Agencies click here for more information. Search BVCOG 2015 Brazos Valley Council of Governments. All Rights Reserved. Webmail Login http://www.bvcog.org/programs/purchasing-solutions-alliance/cooperative-contracts/ 6/26/2015 Membership - Brazos Valley Council of Govemments Page 1 of 2 Brazos Valley Council of Governments Partners in Regional Solutions Home Programs Departments About Us Contact Us Events > Purchasing Solutions Alliance PSA Home 1 About PSA 1 News 1 Membership 1 Vendor Info 1 Active Solicitations 1 Cooperative C Purchasing Solutions Alliance a pzart asing cooperative for pub& agencies Membership Purchasing Solutions Alliance (PSA) is an OPTIONAL USE program. Membership is FREE and open to public agencies, nonprofits, and other political subdivisions of the State of Texas or any other state. Membership permits participating entities to utilize any contract made available through the PSA cooperative program. As membership continues to grow and more contracts are secured through the competitive procurement process, beneficial savings can be obtained for participating member entities. The following entities are eligible to become members of PSA: • Cities, Towns, Counties and other Local Governments • Political Subdivisions and Planning Commissions • Schools, School Districts, Colleges and Universities • Emergency Medical Services and Fire Districts • Hospitals and Hospital Districts • Special Law Enforcement Jurisdictions • Judicial Courts and Districts Utility Districts • Special Districts • State Agencies • Nonprofits Click here to download our current membership list. Membership requires the governing body or designee of an entity to approve the PSA Interlocal Purchasing Agreement (ILA). Please use the following process to approve the agreement: Step 1: Click here to download the PSA Interlocal Purchasing Agreement. Quick I SE http://www.bvcog.org/programs/purchasing-solutions-alliance/membership/ 6/26/2015 Membership - Brazos Valley Council of Governments Page 2 of 2 Step 2: Fill in all required information and print two copies of the PSA Interlocal Purchasing Agreement. Step 3: Obtain the signature of the Chief Elected Official or Designee of your entity. Step 4: Send both documents with original signatures to PSA at the address indicated on the agreement. Step 5: PSA will execute both copies of the agreement and return one to your entity. If it is preferred to execute the ILA electronically, please email the completed agreement by your entity to psabuy@bvcog.org or fax to (979) 595-2810. We will execute the agreement and return a copy electronically. II Click here for information about Member Services and Benefits. BVCOG Affiliates 2015 Brazos Valley Council of Governments. All Rights Reserved. http://www.bvcog.org/programs/purchasing-solutions-alliancehnembership/ 6/26/2015