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Home My WebLink AboutRes 2004-27 RESOLUTION NO. 2004-27 A RESOLUTION OF THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, APPROVING A COOPERATIVE STATE PURCHASING AGREEMENT WITH THE STATE OF ARIZONA RELATING TO PARTICIPATION IN A COOPERATIVE PURCHASING GROUP. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, as follows: SECTION 1. That the Cooperative State Purchasing Agreement (the "Agreement") between the Town of Fountain Hills and the State of Arizona relating to participation in a cooperative purchasing group is hereby approved in the form attached hereto as Exhibit A and incorporated herein by reference. SECTION 2. That the Mayor, the Town Manager, the Town Clerk and the Town Attorney are hereby authorized and directed to take all steps necessary to cause the execution of the Agreement. PASSED Aviv ADOPTED BY the Mayor and Council of the Town of Fountain Hills, Arizona,June 17, 4004. FOR T W4N F FOUNTAIN HILLS: ATTESTED TO: 16.1(/(--(1 W. J. Nichols yor Bevelyn J. Be Town Clerk REVIEWED BY:„.-- APPROVED AS TO FORM: /1\iti2‘../\.- Timothy G. Pickering, Town Manager An rew J. McGuire,Town Attorney kbe 9196.001\.\2004-27 State Purchasing IGA.res.doc 6-17-04-1 iAdin) ‘10110, SI j4 - JANET NAPOLITANO BETSEY BAYLESS GOVERNOR 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.azspo.az.gov COOPERATIVE STATE PURCHASING AGREEMENT Thi Cooperative State Purchasing Agreement ("Agreement") is entered into this /7 day of , 20 ay , between the State of Arizona, via the Arizona State Procure ent Office ("State") and Fountain Hill, Town of t a public procurement unit or nonprofit educational or public health institution ("Eligible Procurement Unit"). The purpose of this Agreement is to permit the Eligible Procurement Unit to purchase materials and services from State contractors at the prices and terms contained in contracts between the State and those State contractors. The governing body of any Eligible Procurement Unit may enter into an Agreement with the State for the purpose of utilizing State contracts ("State contract") by Eligible Procurement Unit (Arizona Revised Statutes §41-2631 et seq., and A.A.C. R2-7-1001 et seq.). In consideration of the mutual promises contained in this Agreement, and of the mutual benefits to result there from, the State and the Eligible Procurement Unit (the "Parties" to this Agreement) agree as follows: 1. The State shall provide the Eligible Procurement Unit with access to a list of all eligible State contracts. The original copy of each State contract is a public record on file with the State. 2. The specifications for the materials and services will be determined by the State Procurement Administrator. 3. 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. 4. The State will identify the Eligible Procurement Unit as an eligible participant in any solicitation intended for general use by Eligible Procurement Unit. In addition, the State may invite the Eligible Procurement Unit to participate in certain specific solicitations. Only Eligible Procurement Unit indicating an interest in participating in these specific solicitations will be eligible to participate in the resulting State contracts. L 5. An Eligible Procurement Unit shall not use a State contract to obtain concessions, including lower prices, from State contractors or any other suppliers for the same or similar materials or services. An Eligible Procurement Unit 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 Eligible Procurement Unit 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 Eligible Procurement Unit 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 Eligible Procurement Unit of this Agreement, and the Eligible Procurement Unit shall hold the State harmless from any liability which may arise from action or inaction of the Eligible Procurement Unit relating to this Agreement or its subject matter. d. The exercise of any rights or remedies by the Eligible Procurement Unit 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 so desire. 7. The State may terminate this Agreement without notice if the Eligible Procurement Unit fails to comply with the terms of a State contract or this Agreement. 8. Except as provided in Paragraph 7, either of the Parties may terminate this Agreement with at least thirty (30) days written notice to the other party. 9. Failure of an Eligible Procurement Unit 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 upon execution by the Parties and shall be for a period of one (1) year, commencing on July 1, 2004, and ending June 30, 2005. 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 Cooperative State Purchasing Program. 11. The Eligible Procurement Unit shall remit annually $250.00 to the State to defray costs associated with operating the cooperative purchasing program for the fiscal year period July 1, 2004 through June 30, 2005. The annual fee is subject to increase by the State. 12. This Agreement may be canceled pursuant to the provisions of A.R.S. §38-511. COOPERATIVE STATE PURCHASING AGREEMENT Page 2 of 3 13. This Agreement is exempt from the provisions of A.R.S. §§11-952 and 12-1518. 14. The Eligible Procurement Unit certifies that their 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. 15. The Eligible Procurement Unit authorizes State contractors to release usage information to the State. Usage information shall be limited to the Eligible Procurement Unit'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. 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 JH IBLE CUREMENT UNIT: --FOR THE STATE: Signature, `� Signa e: �// ✓ " C,/-7- /� 1 o/ S Jea A. C1 rk, CPPO, C.P.M. CPPB, CPM Name• Name: / 31ayo r Deputy S ate Procurement Administrator Ti Title: / 7 . 20 t`/ o? � ,c)-0- 3L Die Date: 4.110109 /. COOPERATIVE STATE PURCHASING AGREEMENT Page 3 of 3