103-22 - Resolution - Cooperative Purchasing with ArizonaDocuSign Envelope ID: FFC48E52-C6E4-43F2-A7D3-6E91CFD3B039
RESOLUTION NO. 103-22
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
AN INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT BETWEEN
ARIZONA DEPARTMENT OF ADMINISTRATION PURCHASING COOPERATIVE,
AND THE CITY OF PORT ORCHARD, PURSUANT TO CHAPTER 39.34 RCW.
WHEREAS, pursuant to the provisions of RCW 39.34, the City of Port Orchard may enter
into intergovernmental cooperative purchasing agreements with other public agencies in order to
cooperatively purchase or acquire supplies, equipment, materials and services; and
WHEREAS, the Arizona Department of Administration is a governmental agency that hosts
a purchasing cooperative to assist public agencies across the country in reducing the cost of
purchased goods and services through pooling the purchasing power of public agencies
nationwide; and
WHEREAS, similar to RCW 39.34, the Arizona Revised Statutes, Chapter 23, Article 10
Intergovernmental Procurement, authorizes cooperative purchasing for public procurement units
including agencies that are outside of Arizona; and
WHEREAS, consistent with Chapter 39.34 RCW, the Interlocal Cooperation Act, the City of
Port Orchard desires to enter into an Interlocal Purchasing Agreement with the Arizona
Department of Administration; and
WHEREAS, this is a no cost agreement that will be automatically renewed annually until
terminated by either party; and
WHEREAS, the City Council deems it to be in the best interest of the City and its residents
to enter into the Agreement with the Arizona Department of Administration, attached hereto as
Exhibit A and incorporated herein by this reference; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are
hereby adopted and incorporated as findings in support of this Resolution.
THAT: The City Council approves of and authorizes the Mayor to execute the
Intergovernmental Cooperative Purchasing Agreement with Arizona Department of
Administration, attached hereto as Exhibit A and incorporated herein by this reference.
THAT: The Resolution shall take full force and effect upon passage and signatures
hereon.
DocuSign Envelope ID: FFC48E52-C6E4-43F2-A7D3-6E91CFD3B039
Resolution No. 103-22
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THAT: Pursuant to RCW 39.34.040, once this Agreement has been executed by both
Port Orchard and Arizona Department of Administration, the City Clerk is directed to
post a copy of this Agreement on the City's website as required by law.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the City Clerk in authentication of such passage this 11t" day of October 2022.
E9
D Signed by:
btJ'f P4MA W,
Robert Putaansuu, Mayor
ATTEST-
Je,(Y 4qL�-- riq�6
Jenine Floyd, CIVIC, Deputy City Clerk
DocuSign Envelope ID: FFC48E52-C6E4-43F2-A7D3-6E91CFD3B039
Doug Ducey
Governor
Andy Tobin
Director
ARIZONA DEPARTMENT OF ADMINISTRATION
OFFICE OF THE DIRECTOR
100 NORTH FIFTEENTH AVENUE • SUITE 402
PHOENIX, ARIZONA 85007
(602)542-1500
ARIZONA STATE PURCHASING COOPERATIVE AGREEMENT
State of Arizona Procurement Office
and
` � (Organization Name — Eligible Procurement Unit)
This Cooperative State Purchasing Agreement ("Agreement") is entered between the parties
in accordance with Arizona Revised Statutes §41-2631, et seq., Article 10 Intergovernmental
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 of any Eligible Procurement Unit to 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, 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 conduct the procurement in compliance with the Arizona
Procurement Code, A.R.S. Title 41, Chapter 23, and its Rules, A.A.C. Title 2,
Chapter 7.
2. The specifications for the materials and services will be determined by the State
Procurement Administrator or delegated State agencies.
3. The State will identify the State Cooperative Member as an eligible participant in
any solicitation intended for general use by State Cooperative Membe'rs. 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 in these exclusive solicitations will be eligible to participate
in the resulting State contracts.
4. The State Cooperative Member's use of eligible State contracts is discretionary.
Participation in the State Purchasing Cooperative shall not restrict or limit
DocuSign Envelope ID: FFC48E52-C6E4-43F2-A7D3-6E91CFD3B039
ARIZONA STATE PURCHASING COOPERATIVE AGREEMENT
member's ability to seek competition as needed. However, the State Cooperative
Member shall not use a State contract as a means of coercion to obtain improper
concessions, including lower prices, from State contractors or any other suppliers
for the same or similar 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.
5. 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 a public
record on file with the State. The State's eProcurement System shall provide all
contract information available and be used for contract purchases.
6. 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 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 State Cooperative Member of this Agreement and, with the
exception of other Arizona 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 or its 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 of any controversy should it choose to do so.
8. The State Cooperative Member shall endeavor to utilize State contracts to the
fullest extent possible. That is, the State Cooperative Member is to make an effort
to purchase all items covered under exclusive contracts and shall not fracture
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ARIZONA STATE PUCHASING COOPERATIVE AGREEMENT
Updated 9/14/2021
DocuSign Envelope ID: FFC48E52-C6E4-43F2-A7D3-6E91CFD3B039
ARIZONA STATE PURCHASING COOPERATIVE AGREEMENT
purchases by means of utilizing line items from alternate contracts. Such
practices weaken the State'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.
9. 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 to exercise its own rights or remedies.
10. This Agreement shall take effect with execution by both Parties on the 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 of the Agreement.
11. This Agreement may be canceled pursuant to the provisions of A.R.S. § 38-511.
12. This Agreement is exempt from the provisions of A.R.S. §§ 11-952(D) and
12-1518.
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 4 and Executive Order No. 2009-09 dated October 20, 2009.
14. The State Cooperative Member hereby acknowledges that each State contractor
shall be remitting an administrative fee to the State, based upon the member's
purchasing volume under the state contracts.
15. The State Cooperative 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 State's contract.
16. The State may terminate this Agreement without notice if the State Cooperative
Member fails to comply with the terms of a State contract or this Agreement.
17. Except as provided in Paragraph 15, either of the Parties may terminate this
Agreement with at least thirty (30) dyas written notice to the other party.
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ARIZONA STATE PUCHASING COOPERATIVE AGREEMENT
Updated 9/14/2021
DocuSign Envelope ID: FFC48E52-C6E4-43F2-A7D3-6E91CFD3B039
ARIZONA STATE PURCHASING COOPERATIVE 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 THE STATE COOPERATIVE MEMBER:
DocuSigned by:
�abtJ'f PInrMM SWA ,
Signa ure:
Name: Robert Putaansuu
Title: Mayor
Date: October 12, 2022
FOR THE STATE:
Signature:
Authorized SPO Representative
Title:
Date:
ARIZONA STATE PUCHASING COOPERATIVE AGREEMENT
Updated 12/19/2019
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DocuSign Envelope ID: FFC48E52-C6E4-43F2-A7D3-6E91CFD3B039
ARIZONA STATE PURCHASING COOPERATIVE AGREEMENT
State Cooperative Member Contact Information
Name of Organization: 6
C �,p � C'-�-- D r c v'C mot/ d
Name of Contact Person:
Qualification: (Click the appropriate Box in either the Political
�4cA n �,
Subdivision or Non -Profit categories)
Political Subdivision: Non -Profit Organization: 0
.................................................................. ... .
Title of Contact Person:
❑ Federal ❑ Other
^O �� m�
�'`t
Agency/Gov't Educational El Healthcare
SP�`�` S�
Institution Institution
State Tribal Nation
❑ Religous
❑ County ❑ Fire District Organization
Telephone of Contact Person:
`
360 $� v
City/Town ❑ Water District ❑ Charity
❑ Public School ❑ Other: o Other:
Telephone of Office:
3 Cs0 �s-i Co L4 Q 1
E-mail address of Primary Contact Person:
E-mail Address of Secondary Contact:
PUbl iv Vjor Y_,s ® L\ c)
(If possible, please provide a general email address that can be forded 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:
C?)L_Q Poospec__+_ S+V-Q-Q-+
Mailing Address (if different from the physical address):
wry-) e-
Federal ID Tax Number:
,w,
L
*Non-profit entities must attach proof of non-profit status with the agreement
Please notify the State Procurement Office of any changes to this information.
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ARIZONA STATE PUCHASING COOPERATIVE AGREEMENT
updated 9/14/2021