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.
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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
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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
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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.
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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
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> 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.
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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
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