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HomeMy WebLinkAboutResolution 2005-127 cooperative purchasing agreement with city of tucson MARANA RESOLUTION NO. 2005-127 RELATING TO PROCUREMENT; APPROVING AND AUTHORIZING THE FINANCE DIRECTOR TO EXECUTE A COOPERATIVE PURCHASING AGREEMENT WITH THE CITY OF TUCSON. WHEREAS, the Town of Marana does not have a centralized procurement department; and WHEREAS, the City of Tucson has a centralized procurement department; and WHEREAS, the Town of Marana is a public procurement unit pursuant to ARS 41-2632; and WHEREAS, the City of Tucson's City Code allows the City of Tucson's Procurement Department to enter into cooperative purchasing agreements with other "public procurement units" pursuant to ARS 41-2632. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, that the Finance Director is hereby authorized to execute a cooperative purchasing agreement with the City of Tucson. ATTEST: ~""'''''''''' ~' OF~ ~ ~ ~~\\\'''''",,~ ~ -; ~ sO~~ ~~~~ S ~/cORPORATE'\7~ =i 000 5= ~ Y!SEAL~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~:'''II''\\~ ~ ~ ry'IZ. '\ ~I'~'" 11111In'\\~ '- CITY OF TUCSON COOPERATIVE PURCHASING AGREEMENT This Agreement entered into this I -\ \.-..day of 0 ~ ~o ~..( v, L \) 0 < between the City of Tucson hereinafter called the "City" and ,he.,.. T CJ,^," (J-f Ma..('o..~c:A , a public procurement unit, hereinafter called "eligible procurement unit," to permit the eligible procurement unit to purchase materials and services from vendors at the prices and terms contained in contracts between the City of Tucson and those vendors. Any eligible procurement unit may enter into an Agreement with the City of Tucson Department of Procurement for the purpose of utilizing their respective cooperative contracts. (Arizona Revised Statutes Section 41-2632). In consideration of the mutual promises contained in this Agreement, and of the mutual benefits to result thereof, the parties agree as follows: 1. The City shall make available certain contracts to the eligible procurement units. 2. For those contracts awarded by the City, specifications for the materials and services will be determined by the City of Tucson Department of Procurement. 3. City procurement processes shall be conducted in accordance with the City's Charter (Chapter 28), the City Procurement Code and City Department of Procurement administrative policies and procedures. The eligible procurement unit will insure that its own legal requirements are met and shall be responsible for any additional actions that may be necessary to meet those requirements. 4. The City may invite an eligible procurement unit to participate in any solicitation. " . 5. The eligible procurement unit shall: a. Insure that purchase orders issued against eligible City contracts are in accordance with the terms and prices established in the City contract. b. Make timely payments to the vendor for all materials and services received in accordance with the terms and conditions of the City contract. Payment for materials or services and inspection and acceptance of materials or services ordered by the eligible procurement unit shall be the exclusive obligation of such unit. c. Not use a City contract as a method for obtaining additional concessions or reduced prices for contracted materials or services. The eligible procurement unit shall not advertise or market City contracts without the City's prior written consent. d. Be responsible for ordering materials or services under this agreernent. The City shall not be liable in any fashion for any violation by eligible procurement unit of this agreement, and the '.' .' 'eligible procurement unit shall be responsible for any liability which may arise from action or inaction of the eligible procurement unit relating to this agreement or its subject matter. e. Notwithstanding any other provision of this agreement to the contrary, any agreement by one party to defend, hold harmless or Indemnify the other party shall be limited to, and be payable only from, the indemnifying party's available insurance or self-insurance coverage for liability assumed by the contract, if any, available as a part of its general liability insurance program. 6. The exercise of any rights or remedies by the eligible procurement unit shall be the exclusive obligation of such unit; however, the City, as the contract administrator and without subjecting itself to any liability, may Join In the resolution of any controversy should It so desire. 1 Re: Marana Resolution No. 2005-127 7. The City may terminate this Agreement if the eligible procurement unit fails to comply with the terms of a City contract. 8. This Agreement shall take effect upon execution by the parties and shall continue until it is terminated in accordance with its terms. This Agreement supersedes any and all previous cooperative purchase agreements. 9. Either party may terminate this Agreement with at least thirty- (30) days written notice to the other party. 10. Failure of the eligible procurement unit to secure performance from the contractor in accordance with the terms and conditions of its purchase order does not necessarily require the City to exercise its own rights or remedies. 11. This Agreement may be cancelled pursuant to the provisions of AR.S. 38-511. 12. This Agreement is exempt from the provisions of AR.S. 11-952, Subsections D and F under provision of AR.S. 41-2632. 13. The City and the eligible procurement unit agree not to discriminate against any employee or applicant for employment in violation of the terms of Federal Executive Order 11246, State Executive Order No. 99-4, AR.S. 41-1461 et. seq. & Tucson Code Section 17-21 et. seq. 14. Appropriate action by ordinance, resolution or otherwise pursuant to the laws applicable to the eligible procurement unit shall be necessary before this agreement becomes effective. FOR THE ELIGIBLE PROCUREMENT UNIT: /0, &;r--. (' Signature /Z 6-#~z;.- 7 Pnnted Name h~~ ~//?~~;"'t- Title Dated this f7~ay of ~Cn/?P/L ,20 (I r IN WITNESS WHEREOF, the parties of this Agreement have caused their names to be affixed hereto by their proper officers on the dates indicated. ~~ Si~gture W C'^ t V'Q r (I-D....11:)..tV Printed ame \ Director of Procurement Dated thia'aay of 0 ~ \)J....... ,20QX APPROVED AS TO FORM: tC~ Attorney for City of Tucson ,20~ DatedthisiQdayof Dct ,2~ 2