HomeMy WebLinkAboutRes 2016-32RESOLUTION NO. 2016-32
A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS, ARIZONA, APPROVING THE ARIZONA STATE
PURCHASING COOPERATIVE AGREEMENT.
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows:
SECTION 1. The Arizona State Purchasing Cooperative Agreement is hereby approved
in substantially the form attached hereto as Exhibit A.
SECTION 2. The Mayor, the Town Manager, the Town Clerk and the Town Attorney
are hereby authorized and directed to execute all documents and take all steps necessary to cavy
out the purpose and intent of this Resolution.
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
November 3, 2016.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Qin"daa.. Kavan gh, Mayor Bevelyn J. Be ; Town Clerk
REVIEWED BY:
Grady E. Mill •, To Manager
2799241.1
APPROVED AS TO FORM:
J. McGuire, Town Attorney
EXHIBIT A
TO
RESOLUTION NO. 201 6-32
[Arizona State Purchasing Cooperative Agreement]
See following pages.
2?99241.1
Douglas A. Ducey Craig C. Brown
Governor 41 Director
ARIZONA DEPARTMENT OF ADMINISTRATION
OFFICE OF THE DIRECTOR
100 NORTH FIFTEENTH AVENUE • SUITE 401
PHOENIX, ARIZONA 85007
(602) 542-1500
ARIZONA STATE PURCHASING COOPERATIVE AGREEMENT
State of Arizona Procurement Office
and
Town of Fountain Hills
(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 Members. In
addition, the State may invite the State Cooperative Member to participate in
ARIZONA STATE PURCHASING COOPERATIVE AGREEMENT Page 1 of 5
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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
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
ARIZONA STATE PURCHASING COOPERATIVE AGREEMENT Page 2 of 5
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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 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 Administrator, and shall remain in effect for a
total period of five (5) state fiscal years. 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) days written notice to the other party.
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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:
Signature:
Name:
Title: / O co->-) -)/y]a h aG c
Date:
FOR THE STATE:
'ST6'nature:
Barbara Corella
Title: State Compliance Officer
Date:
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ARIZONA STATE PURCHASING COOPERATIVE
State Cooperative Member Contact Information
Name of Organization:
Town of Fountain Hills
Name of Contact Person:
Qualification: (Click on appropriate box)
Craig Rudolphy
® Political Subdivision
❑ Non -Profit Educational Institution*
❑ Non -Profit Healthcare Institution*
❑ Non -Profit Other*
Title of Contact Person:
Finance Director
Telephone number of contact person:
Fax:
480-816-5162
480-837-3145
E-mail address of primary contact person:
crudolphy@fh.az.gov
E-mail address of secondary contact person:
finance@fh.az.gov
(If possible, please provide a general email address that can be forwarded 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:
16705 E Avenue of the Fountains, Fountain Hills, AZ 85268
Mailing Address (if different from the physical address):
Federal ID Tax Number: 86-0650150
Please send completed agreements and changes in contact information to:
State Procurement Office
Arizona State Purchasing Cooperative
100 North 15th Avenue, Suite 201
Phoenix, Arizona 85007
Or by e-mail to: spo(abazdoa.gov
*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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