HomeMy WebLinkAboutResolution 2007-098 cooperative purchasing agreements
MARANA RESOLUTION NO. 2007-98
RELATING TO PROCUREMENT; AUTHORIZING THE PURCHASING DIRECTOR TO
SIGN COOPERATIVE PURCHASING AGREEMENTS OF THE TYPE AND SUBSTANCE
A IT ACHED AS EXHIBIT A ON BEHALF OF THE TOWN PURSUANT TO A.R.S. ~ 41-
2632 AND MARANA TOWN CODE ~ 3-4-6 (C).
WHEREAS the Town of Marana, is authorized by A.R.S. ~ 41-2632 to participate in,
sponsor, conduct or administer cooperative purchasing agreements for the procurement of any
materials, services or construction with one or more public procurement units in accordance with
an agreement entered into between the participants.; and
WHEREAS the Town Code, ~ 3-4-6 (C) authorizes the purchasing director to approve a
contract for services made by, through, or with the state or its political subdivisions without a
formal bidding process; and
WHEREAS, the Mayor and Council of the Town of Marana feel it is fiscally in the best
interests of the public to authorize the purchasing director to enter into such agreements on behalf
of the Town.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
TOWN OF MARANA, ARIZONA, that the purchasing director for the Town of Marana is
hereby authorized to sign cooperative purchasing agreements of the type and substance attached
to this resolution as Exhibit A and incorporated herein by this reference.
BE IT FURTHER RESOLVED that the purchasing director is hereby directed and
authorized to sign other such agreements as determined to be in the Town's best interests.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 12th day of June, 2007. . fr'IJ ~
May~Onea
A ITEST:
~
Bronson, Town Clerk
"""'"''''''''
~' OF~ ~
$'~~\\,,,,,,,,,,'f);~
SE~ORPORATi\~
_ ::: CX)C) 5 _
- -SEAL- -
- ~ is .....
~ ~ ~!'..r
~ ~ ~ ~
~ .LI ~1111I1l"\\~ fI
~iJi'IZ ,\ql'~
~1/II.n\\\~
CIH 6/06/07
JANET NAPOLITANO
GOVERNOR
WILLIAM BELL
DIRECTOR
ARIZONA DEPARTMENT OF ADMINISTRATION
STATE PROCUREMENT OFFICE
100 North 15th Avenue, Suite 104, Phoenix, Arizona 85007
(602) 542-5511 (main) (602) 542-5508 (fax)
http://www.azeps.az.gov
ARIZONA STATE PURCHASING COOPERATIVE AGREEMENT
This Cooperative State Purchasing Agreement ("Agreement") is entered between the State
of Arizona, State Procurement Office and
an Eligible Procurement Unit, in accordance with Arizona Revised Statutes 941-2631, Article 10
Intergovernmental Procurement, which article authorizes cooperative purchasing for public
procurement units and nonprofit educational or public health institutions and Arizona Revised
Statutes 9 41-2631 et seq and the Arizona Administrative Code R2-7-1001, which permits the
governing body of any Eligible Procurement Unit may enter into an Agreement 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 (Member), to purchase 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 from, the State and the State Cooperative Member agree as follows:
1. The State shall provide the Member with access to listings of all eligible State
contracts. The original copy of each State contract is a public record on file with the
State. Pricing information, specifications and terms and conditions for most State
contracts are available on the SPIRIT website: www.spirit.az.gov.
2. The specifications for the materials and services will be determined by the State
Procurement Administrator or delegated State agencies.
3. The State shall conduct the procurement in compliance with the Arizona
Procurement Code, AR.S. Title 41, Chapter 23, and its Rules, AAC. Title 2,
Chapter 7.
4. The State will identify the Member as an eligible participant in 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.
ARIZONA STATE PURCHASING COOPERATIVE AGREEMENT
Page 1 of 4
Only State Cooperative Members indicating an interest in participating in these
exclusive solicitations will be eligible to participate in the resulting State contracts.
5. The Member shall not use a State contract to obtain improper concessions, including
lower prices, from State contractors or any other suppliers for the same or similar
materials or services. The 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.
6. The State Cooperative Member shall:
a. Insure 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 be the
exclusive obligation of such unit.
c. Be responsible for the ordering of materials or services under this
Agreement. The State shall not be liable in any fashion for any violation by
the Member of this Agreement, and the 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 or its subject matter.
d. The exercise of any rights or remedies by the 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 of any
controversy should it choose to do so.
7. The Eligible Procurement Unit shall endeavor to utilize State contracts to the fullest
extent possible. That is, to purchase all items covered under exclusive contracts and
to not fracture purchases by means of utilizing line items from alternate contracts.
Such practices weaken the State's ability to negotiate lowest possible volume prices.
8. Failure of the 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 to exercise its own rights or remedies.
9. This Agreement shall take effect upon execution by the Parties and shall be for an
initial period of one (1) year, 90mmencing on July 1, 2007, and ending June 30,
2008. This Agreement shall be renewable annually, for a total period of five (5)
years, upon remittance of the then-current fee for membership in the Arizona State
Purchasing Cooperative.
ARIZONA STATE PURCHASING COOPERATIVE AGREEMENT
Page 2 of 4
10. The Member shall remit the first annual fee of $995.00 to the State to defray costs
associated with operating the cooperative purchasing program for the fiscal year
period July 1, 2007 through June 30, 2008. The annual fee is subject to change by
the State. The State shall issue an invoice to the Member prior to the
commencement of each annual renewal.
11. This Agreement may be canceled pursuant to the provisions of A.R.S. S 38-511.
12. This Agreement is exempt from the provisions of A.R.S. SS 11-952 and 12-1518.
13. The 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 ARS Title 41 Chapter 9, Article 4 and Executive
Order No. 99-4 dated 29 January 1999.
14. The Member authorizes State contractors to release usage information to the State.
Usage information shall be limited to the Member's purchasing activity and shall
generally consist of, but shall not 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 State's
contract.
15. The State may terminate this Agreement without notice if the Memberfails to comply
with the terms of a State contract or this Agreement.
16. Failure to pay the annual invoice by September 30 of each renewal year, or 90 days
from the date of the annual invoice, whichever date is later, shall be construed by the
State as notice from the Eligible Procurement Unit to terminate the agreement.
17. Except as provided in Paragraph 16, either of the Parties may terminate this
Agreement with at least thirty (30) days written notice to the other party.
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 THE ELIGIBLE PROCUREMENT UNIT:
FOR THE STATE:
Signature:
Signature:
Jean A. Clark, CPPO, C.P .M., CPPB, CPM
State Procurement Administrator
Date:
Name:
Title:
Date:
ARIZONA STAT~ PURCHASING COOPERATIVE AGREEMENT
Page 3 of 4
ARIZONA STATE PURCHASING COOPERATIVE
Member Contact Information
(Please submit completed form with agreement.)
Name of Organization:
Name of Contact Person:
Title of Contact Person:
Telephone number of contact person:
Fax:
E-mail address of contact person:
Billing Address:
Remit Address (if different from the billing address):
FederallD Tax Number:
Please notify State Procurement Office of any changes to this
information.
Please send changes in contact information to:
State Procurement Office
Arizona State Purchasing Cooperative
100 North 15th Avenue, Suite 104
Phoenix, Arizona 85007
Or e-mail: jan.hart@azdoa.gov
ARIZONA STATE PURCHASING COOPERATIVE AGREEMENT
Page 4 of 4
STRATEGIC ALLIANCE FOR VOLUME EXPENDITURES (SAVE)
COOPERATIVE PURCHASING AGREEMENT
This Agreement is entered into this 1 s tday of Apr i 1 2 010, between school districts and governmental jurisdictions
in the State of Arizona, as listed in Appendix "A" through their duly authorized representative to form a cooperative purchasing
agreement named "STRATEGIC ALLIANCE FOR VOLUME EXPENDITURES" (SAVE)
WHEREAS, voluntary purchasing agreements between and among public agencies in the State of Arizona have been shown to
improve competition, quality, services, provide lower prices for materials and services, and avoid duplication of efforts; and
WHEREAS, the parties hereto desire the free exchange of information, technology, and other services that may assist in improving
the efficiency or economy of the procurement of necessary materials and services and,
WHEREAS, cooperative purchasing results from written agreements wherein lead agencies volunteer to purchase specified materials
and services for themselves and participating cooperative members by compiling quantity estimates, preparing the bid or proposal
solicitation, receiving bid or proposals and awarding a contract for use by all participating members. And, wherein the lead agency is
responsible for placing, receipt and payment of its own orders only, while individual procuring parties separately process and pay for
their own requirements; and
WHEREAS, the Cooperative Purchasing Agreement will serve these ends;
NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, and for the mutual benefits to result
therefrom, the parties agree as follows:
1. The purpose of the Agreement is a cooperative purchase agreement for the procurement of materials and or services.
2. Receipt, inspection, acceptance and payment for materials and services ordered under this Agreement shall be the exclusive
obligation of the ordering entity.
3. The exercise of any rights or remedies by a procuring entity shall be the exclusive obligation of such procuring entity.
4. In this Agreement, failure of an entity to secure performance under its purchase order, does not necessarily require another
entity to exercise its own rights or remedies.
5. The cooperative use of bids or proposals obtained by a party to this Agreement shall be in accordance with the terms and
conditions of the bid or proposal, except as modification of those terms and conditions otherwise allowed by law.
6. The participation in a specific bid or proposal will be at the option of the individual entity, except that procuring entities and
their requirements specifically identified within a bid or proposal shall be required to participate in the Agreement unless the
resulting contract is canceled, as provided for within the terms and conditions of the specific bid or proposal.
7. That lead entity of the bid or proposal will comply with the competitive procurement and contract requirements of the
procurement rules and laws.
8. The parties will make available, upon reasonable request and subject to convenience, necessity and, in appropriate
circumstance a reasonable fee or charge, any information, technology, or other service, which may assist in improving the
efficiency or economy of each party's procurement or disposal of material or service.
9. A procuring party will make timely payments to the vendor for materials and services received in accordance with the terms
and conditions of the procurement. Payment for materials, services, inspections, acceptance of materials and services
ordered by the procuring party shall be the exclusive obligation of such procuring party.
10. The procuring party shall not use this Agreement as a method for obtaining additional concessions or reduced prices for
similar materials and services.
Page 1 of 5
11. The procuring party shall be responsible for the ordering of materials or services under this Agreement. Anon-procuring
party shall not be liable in any fashion for any violation by a procuring party, and the procuring party shall hold non-
procuring party harmless from any liability, which may arise from action or inaction of the procuring party.
12. Any procurement unit may terminate without notice this Agreement if another eligible procurement unit fails to comply with
the terms of this Agreement.
13. This Agreement is exempt from the provisions of A.R.S. 11-952.
14. This Agreement shall remain in effect until participation has been terminated by all but one of the parties. Except as
provided in Paragraph 12, any party to this Agreement may terminate their participation in this Agreement by giving 30 day
written notice to all other parties to this Agreement.
15. This Agreement shall take effect after execution by participating parties. Pursuant to A.R.S. Section 41-2632 and Subsection
R7-2-1191 of A.A.C. R7-2-1001 this Agreement need not be filed with the County Recorder or the Secretary of State to be
effective, except as may be required by the laws, rules and/or regulations of a participating public agency.
16. This Agreement may be canceled pursuant to provisions of A.R.S. Section 38-511 which provisions are incorporated herein
by this reference.
17. This Cooperative Purchasing Agreement shall become effective upon approval and execution by the authorized
representative of all public agencies listed in Appendix "A".
18. The parties to this Agreement hereby agree that other agencies maybe added to this Cooperative Purchasing Group.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement to be effective the date written below.
JURISDICTION: Town of Marana, Arizona
THIS AGREEMENT IS HEREBY EXECUTED THIS 1st DAY OF April , 2p 10 .
Signature
Erik Montague
Name
Finance Director
Title
Page 2 of 5
APPENDIX A
Strategic Alliance for Volume Expenditures
SAVE --- Cooperative Purchasing Agreements
The following agencies have signed the Cooperative Purchasing Agreement with the SAVE association as of June
23, 2009.
Municipalities Arizona Western College
City of Apache Junction Central Arizona College
City of Avondale Central Arizona Valley Institute of Technology (CAVIT)
City of Bullhead City Coconino County Community College District
City of Casa Grande Maricopa Community College District
City of Chandler Mohave Community College
City of Cottonwood Northern Arizona University
City of Eloy University of Arizona
City of Flagstaff Yavapai College
City of Glendale
City of Goodyear Political Agencies
City of Maricopa Central Arizona Project
City of Mesa Central Arizona Water Conservation District (CAWCD)
City of Page Central Yavapai Fire District
City of Peoria Maricopa Integrated Health System
City of Prescott Mt. Lemmon Fire District
City of Safford North Country Community Health Center
City of Scottsdale Northeast AZ Tech Institute of Voc Ed
City of Sierra Vista Superstition Mt Community Facilities District
City of Somerton Tucson Airport Authority
City of Surprise Valley Metro Regional Public Transit Authority
City of Tempe Williams Gateway Airport Authority
City of Tucson
City of Yuma
Town of Buckeye School Districts
Town of Camp Verde Agua Fria Union High School District # 216
Town of Cave Creek Alhambra Elementary School District # 68
Town of Florence Altar Valley School District #51
Town of Fountain Hills Amphitheater Unified School District #10
Town of Gila Bend Antelope Union High School #50
Town of Oro Valley Apache Junction Unified School District # 43
Town of Paradise Valley Arlington Elementary School District #47
Town of Prescott Valley Avondale Elementary School District #44
Town of Queen Creek Balsz Elementary School District #31
Town of Superior Beaver Creek School District #26
Benson Unified School District #9
Counties Bisbee Unified School District #2
Apache County Blue Ridge Unified School District #32
Cochise County Bonita School District #6
Coconino County Buckeye Elementary School District #33
Gila County Buckeye Union High School District #201
La Paz County Bullhead City Elementary School District #15
Maricopa County Camp Verde Unified School District #28
Mohave County Cartwright Elementary School District #83
Navajo County Casa Blanca Middle Scholl dba Vah IG Midde Scholl
Pima County Casa Grande Elementary School District
Pinal County Casa Grande Union High School District
Santa Cruz County Catalina Foothills Unified School District #16
Yavapai County Cave Creek Unified School District #93
Yuma County Cedar Unified School District #25
Chandler Unified School District # 80
Higher Education Chinle Unified School District #24
Arizona State University Chino Valley Unified School District #51
Page 3 of 5
Clarkdale-Jerome School District #3
Colorado River Union High School District
J.O. Combs Elementary School District #44
Coolidge Unified School District #21
Cottonwood-Oak Creek School District #6
Crane Elementary School District # 13
Deer Valley Unified School District #97
Double Adobe Elementary School District #45
Douglas Unified School District #27
Dysart Unified School District # 89
East Valley Institute of Technology
Flagstaff Unified School District # 1
Florence Unified School District # 1
Flowing Wells Unified School District #8
Fort Huachuca Accommodation School District
Fort Thomas Unified School District #7
Fountain Hills Unified School District #98
Fowler Elementary School District #45
Gadsden Elementary School District # 32
Ganado Unified School District #20
Gila Bend Unified Schools
Gilbert Unified School District #41 (Gilbert Pub. Schools)
Glendale Elementary School District #40
Glenda Union High School District
Grand Canyon Unified School District #4
Hackberry Elementary School District #3
Heber-Overgaard Unified School District #6
Higley Unified School District #60
Holbrook Unified School District #3
Humboldt Unified School District #22
Indian Oasis-Baboquivari School District #40
Isaac Elementary School District # 5
Joseph City Unified School District #2
Kayenta Unified School District #27
Kingman Unified School District #20
Kyrene Elementary School District #28
Lake Havasu Unified School District # 1
Laveen Elementary School District #59
Liberty Elementary School District #25
Litchfield Elementary School District #79
Littleton Elementary School District #65
Madison Elementary School District #38
Mammoth-San Manuel Unified School District #8
Marana Unified School District #6
Maricopa Regional School District #509
Maricopa Unified School District
Mayer Unified School District #43
Mesa Unified School District # 4
Mobile Elementary School District #86
Mohawk Valley School District # 17
Morenci Unified School District #18
Murphy Elementary School District #21
Naco Unified School District #9
Nadaburg Elementary District #81
Nogales Unified School District # 1
Osborn Elementary School District #8
Page Unified School District #8
Paradise Valley Unified School District #69
Parker Unified School District #27
Patagonia Elementary School District #6
Patagonia Union High School District #92
Payson Unified School District #10
Peach Springs Unified School District #8
Pendergast School District #92
Peoria Unified School District #11
Phoenix Elementary School District # 1
Phoenix Union High School District #210
Picacho Elementary School District #33
Pine Strawberry Elerrrerriary School DisUid#12
Pinon Unified School District #4
Prescott Unified School District #1
Quartzsite Elementary School District #4
Queen Creek Unified School District # 95
Riverside Elementary School District #2
Roosevelt Elementary School District # 66
Round Valley Unified School District #10
Sacaton Elementary School District #18
Saddle Mountain Unified School District #90
Safford Unified School District #1
Sahuarita Unified School District #30
Santa Cruz Valley Unified School District #35
Santa Cruz Valley Union High School District #840
Scottsdale Unified School District # 48
Sedona-Oak Creek Unified School District #9
Sentinel Elementary School District #71
Show Low Unified School District #10
Sierra Vista Unified School District # 68
Snowflake Unified School District #5
Somerton Elementary School District #11
Stanfield Elementary School District #24
St. David Unified School District #21
St. Johns Unified School District
Sunnyside Unified School District #12
Tanque Verde Unified School District #3
Tempe Elementary School District # 3
Tempe Union High School District # 213
Thatcher Unified Schools
Toltec Elementary School District #22
Tolleson Elementary School District #17
Tolleson Union High School District # 214
Tombstone Unified School District #1
Tuba City Unified School District #15
Tucson Unified School District
Union Elementary School District #62
Vail Unified School District #20
Valley Union High School District #22
Washington Elementary School District # 6
Wellton Elementary School District #24
Whiteriver Unified School District #20
Wickenburg Unified School District #9
Willcox Unified School District
Williams Unified School District #2
Wilson Elementary School District #7
Window Rock Unified School District #8
Winslow Unified School District #1
Young Public School District
Yuma Elementary School District # 1
Yuma Union High School District # 70
Page 4 of 5
Page 5 of 5