017-23 - Resolution - ILA with Purchasing Cooperative of AmericaDocuSign Envelope ID: 9594026E-25CE-4BDA-9807-388094F51EE5
RESOLUTION NO.017-23
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
AN INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT BETWEEN
PURCHASING COOPERATIVE OF AMERICA (PCA) 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 Purchasing Cooperative of America (PCA) is a national purchasing
cooperative, established in 2014 in The Woodlands, Texas; and
WHEREAS, PCA 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, RCW 39.34 authorizes cooperative purchasing for public procurement units
including agencies that are outside of Washington; 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 PCA; 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 PCA, 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 PCA, 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: 9594026E-25CE-4BDA-9807-388094F51 EE5
Resolution No. 017-23
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THAT: Pursuant to RCW 39.34.040, once this Agreement has been executed by both
Port Orchard and PCA, the City Clerk is directed to post a copy of this Agreement on the
City's website.
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 14t" day of February 2023.
DocuSigned by:
F45BB2666F4 -
Mark Trenary, Mayor Pro-Tem
ATTEST:
ocuSigned by:
Brandy Wallace, MMC, City Clerk
DocuSign Envelope ID: 9594026E-25CE-4BDA-9807-388094F51 EE5
?CIA
INTERLOCAL AGREEMENT
FOR COOPERATIVE PURCHASING SERVICES
This Interlocal Agreement for Cooperative Purchasing Services ("Agreement") is entered into by
and between City of Port Orchard, 216 Prospect Street, Port Orchard, WA 98366
COMPLETE LEGAL NAME (DO NOT ABBREVIATE) & MAILING ADDRESS
("PCA Member", "Party"), a governmental entity, and Purchasing Cooperative of America ("PCA",
"Party") on behalf of PCA Awarding Agencies to participate in all Purchasing Cooperative of America
("PCA") cooperative purchasing programs administered by PCA and its affiliates and subsidiaries and for
the purpose of participating in the cooperative purchasing services of PCA. Collectively, PCA and PCA
Member and will be known as the "Parties".
RECITALS
Purpose
The purpose of this Agreement is to support public entities by facilitating their purchasing
operations through cooperative contracting and to promote real savings for PCA Members with discounts
resulting from the competitive bid process.
Texas Government Code, Chapter 791, Interlocal Cooperation Act, and Texas Local Gov't. Code,
Chapter 271, Subchapter F. Cooperative Purchasing Program allows for governmental entities to contract
for cooperative purchasing services that each Party to the contract is authorized to perform individually.
Eligible public entities may use all PCA contracts awarded to a Vendor. Each jurisdiction is subject
to its own and members' requirements. The use of a PCA contract by a PCA Member, along with their
signed purchase order or other extension of the contract, constitutes acceptance of the contract and
completes the interlocal agreement (if required by the entity(ies) between the Awarding Agency and PCA
Member.
Membership Eligibility
Public entities in all 50 states, the U.S. Territories, Canada and Mexico, including local, state and
federal governmental agencies, Indian tribal governments; educational institutions including K-12 public,
private and charter schools, state and private colleges and universities; and non -taxed non-profit religious
and charitable organizations are eligible to participate in the PCA purchasing cooperative. There is no fee
to the PCA Member to join or use PCA contracts.
Role of the PCA Awarding Agency
Acts as Party to the Agreement.
Awards PCA contracts that have been competitively bid.
Provides service and support to PCA, PCA members and vendors, as necessary.
Role of the PCA Member
Registers on the PCA website, www.pcamerica.org, or any successor website.
Executes a copy of this Agreement by providing an authorized signature in the
appropriate space below and submitting the form to Members@pcamerica.org.
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DocuSign Envelope ID: 9594026E-25CE-4BDA-9807-388094F51 EE5
Designates a contact person and updates the contact information as necessary.
Works with PCA awarded contractors according to the PCA contract.
Issues supplemental contracts, purchase orders, or other applicable authorizations for
purchases directly to the awarded contractor; and includes "Purchasing Cooperative of
America" or "PCA" and the "Contract Number".
Makes payments to vendors in a timely manner and in accordance with the state laws and
local procedures applicable to the PCA Member for all goods and services received.
Notifies PCA at the address or email shown below of any substantial problems in quality
of goods or performance of services with an awarded contractor under a PCA contract.
Role of the Purchasing Cooperative (PCA)
1. Acts as a group purchasing organization that governmental entities join as members.
2. Performs the administration and management duties and responsibilities for which PCA
will receive fees from PCA vendors using PCA contracts.
3. Performs all of the required steps of the competitive solicitation process in compliance
with all applicable state statutes and regulations related to competitive procurement and
contracting in the State of Texas.
4. Provides members access to cooperative contracts, due diligence documentation and PCA
vendor contact information.
5. Provides support and service to PCA Members and vendors.
6. Performs such other related services and duties as are customarily performed by a entity
in a similar position.
General Provisions
1. Effective Date. This Agreement is effective upon signature and shall be automatically
renewed annually unless either Party gives sixty (60) days prior written notice of non -
renewal.
2. No Minimum Purchase Requirement. This Agreement does not obligate the PCA
Member to purchase a minimum amount of goods and/or services under any PCA
contract.
3. Federal Requirements. The parties agree to comply fully with all applicable federal
statutes, rules and regulations in connection with the cooperative contracts contemplated
under this Agreement. This Agreement is subject to all applicable present and future valid
laws governing such programs.
4. State Joint Powers Statutes. It is the sole responsibility of each PCA Member to follow
their state procurement statutes as it pertains to cooperative purchasing, or joint power
agreements, with in -state or out-of-state public agencies.
5. Governing Law -Texas. Any issue concerning PCA contracts in which a PCA Awarding
Agency is involved shall be governed by the law of the State of Texas, excluding the
conflicts of law provisions.
6. Venue -In Texas. Exclusive Venue for any litigation whatsoever involving PCA is the
state district court of Harris County, Texas.
7. Governing Law -Outside Texas. PCA member's use of PCA contracts shall be governed
by the laws of the State of Washington , excluding the conflicts of law
provisions.
8. Venue -Outside Texas. Exclusive Venue for litigation arising between PCA Member and
PCA awarded contractor from use of PCA contracts is Washington
(court jurisdiction)
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Authorization
Invalid Provision. If any term(s) or provisions of this Agreement are held by a court of
competent jurisdiction to be invalid, void, or unenforceable, the remainder of the
provisions of this Agreement shall remain in full force and effect.
Immunity. Neither Party to this Agreement waives or relinquishes any immunity or
defense on behalf of themselves, their directors, officers, employees and agents as a result
of this Agreement being executed or the performance of the functions and obligations
describe herein.
Final Agreement. This Agreement incorporates all agreements, covenants and
understandings between the Parties concerning subject matter in the Agreement. No
prior agreement of understanding, verbal or otherwise, by the Parties or their agents, shall
be valid or enforceable unless embodied in this Agreement.
"As is" Contracts. PCA makes PCA contracts available to the PCA Member "as is" and is
under no obligation to revise the terms, conditions, scope, prices, and/or any other
requirements of the contract for the benefit of the PCA Member.
Termination. This Agreement may be terminated with or without cause by either party
upon (60) days prior written notice.
Notice. All forms of written notice, under this Agreement, shall be made by first class
mail, postage prepaid and delivered to the other Party of this Agreement.
Records Requests. PCA Member agrees to cooperate in compliance with any reasonable
request for information and/or records made by PCA. Breach of this provision may be
grounds for termination after ten (10) days written notice to the PCA Member.
Submission. Send the signed Agreement via email to Members(&,pcamerica.org. An email
copy of an executed signature shall have the same force and effect as an original
signature page.
Term. This Agreement is effective the date of the final signature and shall continue
indefinitely, subject to the Termination clause.
By execution and delivery of this Agreement, the undersigned individuals warrant that they have
been duly authorized to enter into and perform the terms of this Agreement.
City of Port Orchard
P9 o b v:Organization Name
L1111
Authorized Signature
Mark Trenary
Printed Name
Title Mayor Pro-Tem
Date 2/22/2023
Designated Contact Heidi Draper
Title Procurement Specialist
Phone 360 876-7028
Email hdraper@portorchardwa.us
Purchasing Cooperative of America
PCA Authorized Signature
Dean Zajicek
Printed Name
Title Assistant Director
Date
Phone 844-722-6374
Email Dean@pcamerica.org
Main PCA Email ncamerica(&pcamerica.org
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