HomeMy WebLinkAbout04/01/2008 09 Intergovernmental Cooperative Purchasing Agreement with State of Washington BUSINESS OF THE CITY COUNCIL
III YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting Of 4/1 / 08
ITEM TITLE: Intergovernmental Cooperative Purchasing Agreement with
State of Washington
SUBMITTED BY: Dave Zabell, Assistant City Manag !
CONTACT PERSON /TELEPHONE: Sue Ownby, CPPO, Purchasing Manager -- 576 - 6695`"
SUMMARY EXPLANATION:
Staff respectfully requests approval of an agreement authorizing the City of Yakima to enter
into an Intergovernmental Cooperative Purchasing Agreement (ICPA) with the State of
Washington, for the purpose of undertaking governmental purchasing activity that each
party is authorized by law to perform, upon the terms and conditions as listed in the
agreement.
Pursuant to Chapter 39.34 RCW Interlocal Cooperation Act, the City of Yakima has had an
0 ICPA with the State of Washington since 1975 in order to utilize State Contracts, however,
the State has requested a new agreement be signed in order to accommodate a new fee
structure for all political sub - divisions.
As one of more than 700 cooperative members, our collective buying power allows us to take
advantage of substantial savings on contracts for goods and services. This agreement gives
us access to more than 300 contracts.
This agreement shall remain in effect until canceled by either party.
Resolution X Ordinance _ Contract _ Other (Specify)Agreement
Funding Source: 019 Purchasing Budget Dues and Subscriptions: $4,000
APPROVED FOR SUBMITTAL: �'= o A
City Manager
STAFF RECOMMENDATION: Adopt a resolution to authorize and execute an
Intergovernmental Cooperative Purchasing Agreement with the State of Washington.
BOARD /COMMISSION RECOMMENDATION:
0 COUNCIL ACTION:
DLEGII A- 1 Agenda & Res
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RESOLUTION NO. R -2008-
A RESOLUTION authorizing the execution of an Intergovernmental Cooperative
Purchasing Agreement with the State of Washington.
WHEREAS, the City of Yakima and the State of Washington 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:
Section 1. The City Manager and City Clerk of the City of Yakima are hereby authorized and
directed to execute an agreement with the State of Washington for the purpose mentioned above, a
410 copy of which agreement, entitled "State of Washington Intergovernmental Cooperative Purchasing
Agreement for Public Agencies," is attached hereto and by reference made a part hereof.
ADOPTED BY THE -CITY COUNCIL this 1st day of April, 2008.
David Edler, Mayor
ATTEST:
City Clerk
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( p) � STATE
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State of Washington
DEPARTMENT OF GENERAL ADMINISTRATION
Office of State Procurement
Rm. 201 General Administration Building, P.O. Box 41017 •Olympia, Washington 98504 -1017 • (360) 902 -7400
http://www.ga.wa.gov
STATE OF WASHINGTON
INTERGOVERNMENTAL COOPERATIVE
PURCHASING AGREEMENT FOR
PUBLIC AGENCIES
Pursuant to Chapter 39.34 RCW and to other provisions of law, the State of Washington, Department of General
Administration, Office of State Procurement, Purchasing and Contract Administration, (hereinafter called the "Office of State
Procurement" or "OSP "), and the following named public agency, (CITY OF YAKIMA), (hereinafter called the
"Cooperative member ") hereby enter into this Intergovernmental Cooperative Purchasing Agreement (hereinafter called the
"Agreement "), the purpose of which is for undertaking governmental purchasing activity that each party is authorized by law
to perform, upon the following terms and conditions:
(1) The Cooperative member must be an agency, Cooperative member, or unit of local government of
Washington state including, but not limited to, municipal corporations, quasi - municipal
corporations, special purpose districts, and local service districts; any agency of Washington state
government; any agency of the United States; any Indian tribe recognized as such by the federal
• government; and any Cooperative member of another state of the United States.
(2) The Office of State Procurement, in contracting for the purchase of goods and services according
to the laws and regulations governing purchases by and on behalf of the State of Washington,
agrees to contract on behalf of the Cooperative member, to the extent permitted by law and agreed
upon by both parties. The Cooperative member accepts responsibility for compliance with any
additional laws and regulations governing purchases by or on behalf of the Cooperative member.
(3) The Office of State Procurement shall comply with its statutory requirements regarding notice for
bids or proposals for goods or services subject to this Agreement, and shall either post the bid or
solicitation notice on a web site established and maintained by OSP for the purposes of posting
public notice of bid or proposal solicitations, or shall provide an access link on the State of
Washington's web portal to the notice.
(4) When the Office of the State Procurement has entered into a contractual agreement for the
purchase of goods or services on behalf of Cooperative member (s), the Cooperative member may
purchase goods and services covered by the contract on the same terms and conditions as the State
of Washington, except that the contractor has the right to modify payment terms based on their
credit assessment of the Cooperative member. Purchases by the Cooperative member may be
made by a purchase order issued by the Cooperative member to the state contractor. The
Cooperative member accepts full responsibility for payment for any goods and services it
purchases under contracts negotiated by OSP with private vendors or items it purchases directly
from OSP. The Cooperative member accepts responsibility for contract monitoring related to their
use of these contracts.
(5) The Cooperative member reserves the right to contract independently for the purchase of any
particular class of goods or services, with or without notice being given to OSP.
(6) • This Agreement shall be effective on the later of the two signatures dates appearing below, and
shall continue in force until canceled in writing by either party.
(7) In the event that either the Office of the State Procurement or the Cooperative member is
abolished, this Agreement shall continue in operation as to any public agency succeeding to the
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powers and duties of the abolished party, except as canceled or modified by operation of law. The
Cooperative member may request a refund of unexpired membership exceeding three months,
which may be approved by OSP at their discretion.
(8) The Cooperative member agrees to use only contracts available to the Cooperative member and
only in accordance with those contract terms and conditions. The Cooperative member further
agrees that all purchases from OSP contracts will be made only for the direct use of the
Cooperative member's programs (as covered by this agreement) and will not be made on behalf of
other jurisdictions (Cooperative member ").
(9) The Office of State Procurement is required by Chapter 236 -49 -060 WAC to recover the costs of
administering the state purchasing cooperative program from all its members. The Membership
Fee Schedule below sets forth the fee structure for Cooperative members that are not Washington
State Agencies, which is based on the total expenditures less debt service and interfund transfers,
as reported in the Cooperative member's last audited financial statements. The Cooperative
member shall be charged a membership fee based upon the self - declaration, as indicated by their
signatory's initials in the first column of the Membership Fee Schedule below. The Cooperative
member's self - determined membership fee is subject to change if not validated by OSP during its
subsequent reviews. This membership fee is due upon subscribing for the first year of
membership and by .January 31 of the membership cycle. The membership term is January 1st
2008 through December 31 2009. The Cooperative member agrees to pay the membership fee as
a part of this Agreement. New memberships beginning after June 30 may be prorated and will be
established at the discretion of OSP.
(10) Membership fees are established every two years. The State Auditors' most recently published
Local Government Comparative Statistics report will be used to verify membership fee. Where a
Cooperative member is not reported separately in that document, audited financial statements as
published in the State Auditors' Website will be used. The Superintendent of Public Instruction
(OSPI) web site will be used to verify fee issues for School Districts. The most recent audited
financial statement will be used as the authoritative source to resolve any issues regarding the
Annual Membership Fee due from the Cooperative member. .Any Cooperative member not •
reported in the OSPI or State Auditor's Websites, must submit a copy of its most recent audited
financial statements to OSP. When a member does not have audited financial statements, the
member shall provide internal budgets or financial statements to OSP if requested.
(11) In addition to accessing State contracts established by the Office of State Procurement, custom
contracting and procurement services are available for an additional predetermined fee. These
include development of contracts and/or single requisitions that meet specific needs. The cost for
these optional services, typically a flat fee, is established at the time of request.
(12) It is not the intention of the parties, nor shall this Agreement be interpreted, to create a separate
legal entity for the performance of this Agreement. Instead, the Office of State Procurement shall
be responsible for administering this Agreement.
(13) The Cooperative member shall be responsible for filing a copy of this Agreement with its county
auditor's office.
(14) By its signature below, the Office of State Procurement confirms it approves of this Agreement as
required by RCW 39.34.050 and it is authorized to enter into this Agreement pursuant to RCW
39.34.030 and RCW 39.34.080. Similarly, by its signature below, the Cooperative member
confirms it is authorized to enter into this Agreement pursuant to RCW 39.34.030 and RCW
39.34.080.
(15) PAYMENT and NOTICES: Payment shall be made to OSP at the address given herein. Further,
any notice, demand or other communication required or permitted to be given under this Contract
shall be made to the parties at the addresses provided below.
Mail: agreement and Payment to: •
�' Yin
State of Washington, OSP PAF- Non/Prof Fund: 422 04 20 000214,
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303 General Administration Bldg., P.O. Box 41008, Olympia, WA 98504 -1008
4110 Cooperative member contact information:
Contact Person (To whom contract documents and related communications are to be mailed or faxed).
Cooperative Member Name: City of Yakima
Contact Name: Sue Ownby, Purchasing Manager
Address: 129 North 2nd Street
City, St. Zip Yakima, WA 98901
Phone Number: 509 -576 -6695
Federal Id #: 91- 6001293
FAX Number: 509 -576 -6394
Email Address: sownby
Two -Year Membership Fee Schedule
Note: Expenditures below are net of debt service and inter -fund transfers
Initial m boxr`4 Annual expenditures Annual expenditures of Two -Year
• "l F t � of more than less than Membership Fee
$0.00 $3,000,000 $400
a ,' � `' -- $3,000001 $7,500,000 $1,000
'fir. , s t l `k.i.;
a $7,500,001 $30,000,000 $2,000
a. `te `' $30,000,001 $68,000,000 $4,000
PlIfilve $68,000,001 $90,000,000 $6,000
® an "'th "t ).rw�
lw� s�i $90,000,001 $150,000,000 $8,000
itt $150,000,001 and over . $10,000
The undersigned has read, understands and agrees to the terms and conditions of this agreement and this Authorized Signatory for
the Cooperative member attests that the expenditure level initialed in the Membership Fee Schedule above is true and correct.
Cooperative member Authorized Signature: Applicant must provide an authorized signature.
Name:
R.A. Zais, Jr.
Title: City Manager
Address (if not the same as above): same
Phone Number: 509 -575 -6040
Date Signed:
FOR OSP USE ONLY (Completed by OSP, this page will be returned to you in executed copy)
Approved as to form: , AAG Date: 07/18/07 (signature on file)
OSP has assigned you Co -op member number, Please provide this number when ordering from contracts or
communicating with OSP.
OSP AUTHORIZED SIGNATURE
Name Title Date
3 of