HomeMy WebLinkAboutR-2023-036 Resolution authorizing an intergovernmental agreement with the State of Arizona Procurement Office to purchase four Para Transit vansA RESOLUTION
RESOLUTION NO. R-2023-036
authorizing and directing the City Manager of the City of Yakima to
enter into an Intergovernmental Cooperative Purchasing Agreement
with the State of Arizona Procurement Office
WHEREAS, the City of Yakima (City), desires to arrange for making cooperative
purchases of certain goods and services with the State of Arizona Procurement Office; 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, it is recommended to City Council that the City of Yakima enter into an
Intergovernmental Cooperative Purchasing Agreement with the State of Arizona
Procurement Office to allow the City to utilize prices negotiated by the State of Arizona; and
WHEREAS, the City Council of the City of Yakima finds that it is in the best interests
of the City and its residents to enter into the agreement for cooperative purchasing; now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to enter into an
Intergovernmental Purchasing Agreement with the State of Arizona Procurement Office for
the purpose mentioned above.
ADOPTED BY THE CITY COUNCIL this 7th day of March, 2023.
,` Janice Deccio, Mayor
ATTEST:
c
Brandy R. Bradford, A ling City C e
Katie Hobbs
Governor
ARIZONA DEP
�J~
TMENT OF ADMINISTRATION
OFFICE QFTffEDIRECTOR
100 NORTH FIFTEENTH AVENUE ° SUITE ao
PHOENIX, ARIZuN*x50o
ARIZONA STATE PURCHASING COOPE
. I
Elizabeth
Director
TIVE AGREE ENT
State of Arizona Procurement Office
and
City ofYakima, Yakima Washington
(OrganizabunName—EUQiblePrmcurementUnd)
This Cooperative State Purchasing Agreement ("Agreement") is entered between the parties
in accordance with Arizona Revised Statutes §41-2831,etseq., Article 10lnteq@uvernmnmnba|
Procurement, which authorizes cooperative purchasing for public procurement units and
nonprofit organizations; and the Arizona Administrative Code R2-7-1001, which permits the
governing body ofany Eligible Procurement Unit toenter into anAgreement with the State for
the purpose of utilizing State contracts.
The purpose of this Agreement is to permit the Eligible Procurement Unit named above,
hereafter known as the State Cooperative Member, topurchase materials and services from
State contractors at the prices and terms expressed In contracts between the State and those
State contractors.
In consideration of the mutual promises contained in this Agreement, and of the mutual
benefits to result there frmno/ the State and the State Cooperative Member agree as follows:
1. The State shall conduct the procurement in compliance with the Arizona
Procurement Code, A.R.S. Title 41, Chapter 23, and its Rules, A.A.C. llt|m 2,
Chapter7.
2. The specifications for the materials and services will be determined by the State
Procurement Administrator mrdelegated State agencies.
3. The State will identify the State Cooperative Member as an eligible part|cipanC|n
any solicitation intended for general use by State Cooperative Members. In
addition, the State may invite the State Cooperative Member to participate in
certain exclusive solicitations. Only State Cooperative Members indicating an
interest in participating |nthese exclusive solicitations will be eligible to participate
inthe resulting State contracts.
4. The State Cooperative Mernber's use of eligible State contracts is discretionary.
Participation in the State Purchasing Cooperative shall not restrict or |inn|t
ARIZONA STATE PURCHASING COOPE �VEAGREE�'ENT
member's ability to seek competition as needed. However, the State Cooperative
Member shall not use a State contract ae a nnanna of coercion to obtain improper
concessions, including lower prices, from State contractors or any other suppliers
for the same orsimilar materials or services. The State Cooperative Member is
also prohibited from participating in any organization or group that seeks to obtain
such concessions from State contractors or other suppliers based on State
contracts.
S. The State shall provide the State Cooperative Member with access to listings of
all eligible State contracts. The original copy of each State contract is m public
record on file with the State. The State'seProcuremnentSystem shall provide all
contract information available and beused for contract purchases.
G. The State Cooperative Member shall:
a.] Ensure that purchase orders issued against eligible State contracts are
in accordance with the terms and prices established in the State contract.
b.) Make timely payments to the State contractor for all materials and
services received in accordance with the terms and conditions of the
State contract. Payment for materials or services and inspection and
acceptance of materials or services ordered by the State Cooperative
Member shall bathe exclusive obligation ofsuch unit.
c.) Be responsible for the ordering of materials or services under this
Agreement. The State ahoU not be liable in any fashion for any violation
by the State Cooperative Member of this Agreement and any
related agreements and, with the exception of other Ar|zona State
entities subject to A.R.S. §41-621, the State Cooperative Member
shall hold the State harmless from any liability which may arise from
action or inaction of the State Cooperative Member relating to this
Agreement and any related agreements ortheir subject matter.
d.) Cooperate and assist the State when requested to validate transactions
reported by vendors on quarterly usage reports filed with the State
Procurement Office.
7, The exercise of any rights or remedies by the State Cooperative Member shall be
the exclusive obligation of such unit; however, the State, as the contract
administrator and without subjecting itself to any liability, may join in the
resolution mfany controversy should itchoose todoso.
8' The State Cooperative Member shall endeavor to utilize State contracts to the
fullest extent possible. That Is, the State Cooperative Member istwmake aneffort
to purchase all items covered under exclusive contracts and shall not fracture
ARIZONA STATE PUCHASING COOPERATIVE AGREEMENT
Page 2 of S
ARIZONA STATE PURCHASING COOPERATIVE AGREE ENT
purchases by means of utilizing line items from alternate contracts. Such
practices weaken the $taUm's ability to negotiate lowest possible volume prices.
Exclusive contracts are those that offer the State Cooperative member the option
to participate exclusively, rather than permissively, and shall be Identified as such
within the contract documents.
g. Failure of the State Cooperative Member to secure performance from the State
contractor in accordance with the terms and conditions of its purchase order does
not necessarily require the State toexercise its own rights orremedies.
10. This Agreement shall take effect with execution byboth Parties unthe date signed
by the State Procurement authorized signor, and shall remain in effect until
cancelled by either party. The State reserves the right to amend the agreement
during the term ofthe Agreement.
11. This Agreement may becanceled pursuant tothe provisions ofA.R.S.§ 38-511.
12' This Agreement Is exempt from the provisions of A.R.S. §§ 11-952(D) and
^
12-151Q.
13- The State Cooperative Member certifies that its organization shall comply
with the State and Federal Equal Opportunity and Non -Discrimination
requirements and conditions of employment in accordance with A.R.S. Title
41 Chapter 9, Article 4and Executive Order No. 2023-01 dated January 2,
2023.
14. The State Cooperative Member hereby acknowledges that each State contractor
shall be remitting an administrative fee tuthe State, based upon the nmernber'o
purchasing volume underthestate contracts.
15. The State Cnnpenyt/ww Member authorizes State contractors to release usage
information to the State. Usage information shall be limited to the State
Cooperative Member's purchasing activity and shall generally consist of, but shall
not be limited to, purchase order information including purchase date(s); units
purchased, their descriptions and quantities; unit prices and aggregate amounts
paid for all materials and services purchased off of the 5tate's contract.
16. The State may terminate this Agreement without notice ifthe State Cooperative
Member fails to comply with the terms of a State contract or thisAgreement.
17. Except as provided In Paragraph 16, either of the Parties may terminate this
' Agreement with at least thirty (30) days written notice tothe other party.
Page 3 of 5
ARIZONA STATE PUCHAvG COOPERA71VE AGREEMENT
ARIZONA STATE PURCHASING COOPERATIVE AGREE ENT
Additional terms:
1. Term: This Agreement shall be in effect for m term of five (5) years starting on the date of
execution, subject to the cancellation and termination provisions set forth in the
Agreement. The Agreement will automatically renew for an additional five (5) year period
unless either party terminates the Agreement pursuant to the terms herein.
2. Miscellaneous: This Agreement will be filed by the City of Yakima on its vvebs|be pursuant
to RCVV 39.34.040. No separate legal entity orentities are contemplated to be created as
part wfthis Agreement.
IN WITNESS WHEREOF, the Parties of this Agreement, having caused their names to
be affixed hereto by their proper officers, hereby execute this Agreement on the dates
indicated hereunder.
FOR THI STATE COOPE TIVEMENNBER: FOR THE STATE:
Signature:-
Robert Harrison
City Manager
'V,
CITY CONTRACT
RESOLUTION NO;,
&w
r
ARIZONA STATE PUCHASING COOPERATIVE AGREEMENT
updated2/22/2U33
Authorized SPQRepresentatve
Title:
Page 4 of 5
ARIZONA STATE PURCHASING COOPE TIVE AGREE ENT
State Cooperative Member Contact Information
Name of Organization:
City of Yakima
Name of Contact Person:
Susan Knotts, NIGP-CPP. CPPO, CPPB
Title of Contact Person:
Buyer II
Telephone of Contact Person:
509-575-6095
Telephone of Office:
509-575-6093
Qualification: (Click the appropriate Box in either the Political
Subdivision or Non -Profit categories)
Political Subdivision: Non -Profit Organization:
0 Federal
Agency/Gov't
0 State
10 County
[Ig City/Town
Public School
E-mail address of Primary Contact Person:
Susan Knotts
YakimaWA.Gov
O Other
Educational
Institution
O Tribal Nation
O Fire District
O Water District
1:1 Other:
o Healthcare
Institution
• Religous
Organization
Charity
Other:
E-mail Address of Secondary Contact:
Purch
YakimaWA.Gov
(If possible, please provide a general email address that can be forwarded to the contact person and that will not change should
the contact person leave the organization. The person receiving email from the State Procurement Office at the address above
needs to be responsible to forward the information to other interested parties at your organization as needed.)
Physical Address:
129 N. 2nd Ave., Yakima, WA. 98901
Mailing Address (if different from the physical address):
Federal ID Tax Number:
916001293
*Non. profit e t tu t a ch ro f r fit s melte t e r errs ;sit
Please notify the State Procurement Office of any changes to this information.
lt[
Page 5 of 5
ARIZONA STATE PUCHASING COOPERATIVE AGREEMENT
Updated 2/22/2023
ITEM TITLE;
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YKIMA,1NAHINGTOI
AGENDA STATEMENT
For ee rig of:
em No. 6,F,
rah 7, 2023
Resolution authorizing an intergovernmental agreement with the
State of Arizona Procurement Office to purchase four Para Transit
vans
Susan Knotty, Buyer II
*Jennifer Ferrer -Santa Ines, Finance Direct
SUMMARY EXPLANATION:
Entering into an Intergovernmental Agreement with the State of Arizona Procurement 0 ce to
utilize their contract with Schetky Northwest Sales to purchase four Para Transit vans,
ITEM BUDGETED:
STRATEGIC PRIORITY:
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt resolution
ATTACHMENTS:
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