Res 1337 - Purchasing Agrmt St
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COUNCIL BILL NO. 1688
RESOLUTION NO. 1337
A RESOLUTION AUTHORIZING AN AGREEKENT WITH THE STATE OF OREGON
DEPARTMENT OF GENERAL SERVICES FOR PURCHASING.
WHEREAS, the City has in the past contracted with the
state of Oregon Department of General Services to enable the City
to take advantage of State purchasing services, and
WHEREAS, it is in the interests of the City to formalize
said agreement and continue said agreement, NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. That the Mayor is authorized to sign on
behalf of the City the 1996 cooperative Purchasing Agreement with
the State of Oregon, General Services Division.
section 2. That said agreement
by this reference incorporated herein.
Approved as to fOrm~'~~
City Attorney
is attached hereto and,
iJ '~L{b
APPROVED:
~~~
January 22, 1996
January 23, 1996
January 23, 1996
January 23, 1996
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:
jJt.~~ -r;:.~
Mary Ten nt, Deputy Recorder
City of Woodburn, Oregon
Page 1
COUNCIL BILL NO. 1688
RESOLUTION NO. 1337
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STATE OF OREGON
COOPERATIVE PURCHASING PROGRAM
(ORCPP)
CINDY MUSGROVE
PROGRAM COORDINATOR
DEPARTMENT OF ADMINISTRATIVE SERVICES
TRANSPORTATION, PURCHASING AND PRINT SERVICES
1225 FERRY STREET SE
SALEM, OR. 97310
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PROGRAM QUALIFICA nONS
luAIlK you for expressing an interest in participating in the Oregon Cooperative Purchasing Program. So
that your organization may participate in the program it must meet one of the following qualifications.
Mark the qualification, A, B, C or D, that best describes your organization and submit the requested
documentation with the signed Oregon Cooperative Purchasing Agreement.
My organization (! (&} () f: ~v' oojhv'Rj7 is a:
A.X
B.
*
c.
*
D.
*
Division or unit of local government having separate autonomy such as Oregon counties,
cities, municipalities or other public corporate entities having local governing authority. A
United States governmental agency or American Indian tribe or agency.
Qualified nonprofit agency for disabled individuals participating in the progilm set forth in
ORS 279.820 to 279.850.
If your organization meets qualification B it must be certified as a Qualified Rehabilitation Facility
with the Purchasing's Special Programs Coordinator. Information regarding certification is
available by calling 373-1250.
Residential program under contract with the Department of Human Resource (DHR) or a
division thereof to provide services to youth in the custody of the state.
If your organization meets qualification C provide us with a letter from DHR or division thereof
confirming your contract with them. The letter must be on agency letter head and contain the
following information:
a. _ Scope of contract, what service is being provided.
b. Contract number
c. _ Starting and expiration dates of contract.
d. _ State Contract Administrator's, name, original signature, mailing address & telephone
number.
Public benefit corporation "as defined in ORS 65.001 that provides public services either
under contract with a state agency, as defined in ORS 171.133, or under contract with a unit
oflocal government, as defined in ORS 190.003, that funds the contract, in whole or in part
with state funds. "
To qualifY under qualification D, your organization must meet the requirements listed in Dl,
D2, D3 and must submit to us required information in 04.
Dl. Is an active status Domestic, Nonprofit Corporation which is (must be one of the following):
a. Formed as a public benefit corporation pursuant to ORS 65.044 to 65.067;
b. Designed as a public benefit corporation designated by statute;
c. Recognized as tax exempt under section 501 (c) (3) of the Internal Revenue Code of 1986 or
d. Otherwise organized for public or charitable purpose in accordance with its
articles of incorporation and bylaws;
Qualification D continues on the back of this page.
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D2. Is restricted so that on dissolution it must distribute its assets to (must be one of the following)
a. An organization organized for a public or charitable purpose;
b. A religious corporation;
c. The United States of America;
d. A state of the United States of America, or
e. A person who is recognized as exempt under section 501 (c) (3) of the Internal Revenue Code
of 1986;
D3. IS NOT a "religious corporation" as defined in ORS 65.001(33).
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D4. Submit a letter from the State or Local government agency confirming your contract
with them. The letter must be on agency letter head and contain all the following
information:
a. _ Scope of contract, what service is being provided.
b. Contract number
c. _ Starting and expiration dates of contract.
d. _ Contract Administrator (State or Local Government) must verify that the contract is
funded by State funds in part or in whole.
e. _ Contract Administrator's (State or Local Government):
name, original signature, mailing address & telephone number.
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OREGON COOPERATIVE PURCHASING AND ADVERTISEMENT AGREEMENT
This Oregon Cooperative Purchasing Agreement ("Agreement") is entered into pursuant to ORS ]90.] ]0,
]90.240,279.855 and 656.753 (2) by and between the State of Oregon, acting by and through its
Department of Administrative Services (DAS), Purchasing ("State"), and C:. ',;-'1 o~ 'No~b~'\, a
Qualified Non-State Agency ("Qualified Agency"), as defined in ORS 190.003, ]90.]]0 (1),190.240,
279.855 (1) through (3) or 656.005 (24) and 656.752.
1. Purpose: The State allows Qualified Non-State Agencies which enter into On~gbn Cooperative
Purchasing Agreements to participate in the Oregon Cooperative Purchasing Program ("ORCPP").
Qualified Agency desires to participate in the ORCPP and therefore enters into this Agreement
with State. It is understood that Qualified Agency's execution of this Agreement and payment of
the program administration fee allows, but does not obligate, Qualified Agency to use the ORCPP
services provided by the State.
2. Term of Agreement: This Agreement, which is effective as of the date it is signed by the State,
shall remain in effect for one year from the effective date and, unless renewed, shall terminate
on ])ec 31) I')~~
3. Agreement Renewal: This Agreement may be renewed for one-year extension periods upon
mutual agreement of the State and Qualified Agency. Notice of intent to renew shall be submitted
in writing to the State's ORCPP Coordinator at least 30 days prior to the termination date set forth
in paragraph 2, above.
4. Responsibilities oftbe State: Upon the Qualified Agency's execution of this Agreement and
payment of the program administration fee, the State shall:
A. VIP Support Software: Provide Qualified Agency with custom telecommunications software that
will allow Qualified Agency access to the State's Vendor Information Program (VIP).
B. Price Agreement Purcbases: Authorize Qualified Agency to place orders with contractors on
State price agreements using Contract Release Order (CRO) forms. The State will provide
contractors with a list of Qualified Agencies authorized to purchase from price agreements.
C. Procedure: Assign CRO forms and purchase request forms to Qualified Agency. Additional
forms are available from the State upon request.
D. Purchase Request Purcbases: Issue solicitation documents (Invitations to Bid or Request for
Proposals) upon receipt of a Purchase Request. (Issuing solicitation documents consists primarily
of the State preparing an Invitation to Bid or Request for Proposal that complies with Oregon's
public purchasing statutes and rules, placing the document on the State's VIP system, and
administering the procurement process.) The Purchase Request must have an estimated value of
more than $25,000 and must specifY in detail the goods or trade services desired. The State will
issue solicitation documents
ORCPP, page 1
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upon receipt of a Purchase Request only if doing so will not result in duplication of existing State
price agreements from which the Qualified Agency is authorized to purchase.
Upon request of the Qualified Agency, the State will assist in other aspects of the procurement
process, such as bid or proposal evaluation and bid or proposal preparation for Qualified Agency
award recommendation (Reference Fee Schedule B). Contracts shall be awarded to the lowest
responsive, responsible bidder, or the best proposer, as appropriate, in accordance with the
provisions of (i) the Oregon Revised Statutes ("ORS"), particularly chapter 279, and (ii) the Oregon
Administrative Rules ("OAR"), particularly chapters 125 and 137. Following contract award,
Qualified Agency shall be responsible for all matters of contract administration, 'stich as but not
limited to: inspection of goods, supervision of trade services contractors, and compliance with or
enforcement of manufacturer or contractor warranties.
E. User and Vendor Information: Information that (i) will allow Qualified Agency to transfer
(upload) its ITBs and RFPs to the State's VIP system; (ii) on how to promote the use of the VIP
system to the vendor community.
F. Automated Billing - Solicitation (Bid) Advertisment: Provide detailed documentation
supporting each State invoice, identifying the actual solicitations (ITBs and RFPs) transferred to,
and advertised on the VIP system. This information will accompany each monthly invoice.
5. Responsibilities of the Qualified Agency: During the term of this Agreement, Qualified Agency
shall:
A. Price Agreement Purchases: Complete and send to State, by the 10th day of each month, a
monthly CRO Register, together with all blue copies of CRO's reporting purchases made from
State price agreements during the preceding month.
B. Negotiation: Pursuant to OAR 137-30-090(5) and 137-30-105, relating to State procurement and
contracting, Qualified Agency agrees not to use prices on State price agreements and purchase
request procurements, or either of them, in an attempt to negotiate more favorable prices from
contractors. Contractor prices on State contracts shall not be used for negotiation or any purpose
other than purchases made in accordance with this Agreement.
C. Solicitation Advertisement: Transfer (upload) solicitations (ITBs and RFPs) information in a
form and according to the process identified by the State.
D. Responsibility for Content and Substance: Take full and complete responsibility for the contentnand substance, as well as the grammatical and textual quality, of the solicitation information
transferred to the VIP system.
ORCPP, page 2
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6. Consideration: There is a cost for services provided by the Oregon Cooperative Purchasing
Program. The Qualified Agency shall pay to the State an annual, non-refundable, program
administration fee in the amount of$150 upon execution ofthis Agreement and on each yearly
anniversary thereafter while this Agreement remains in effect. There are additional "Service
Charges" based on actual service usage.
Service charges for (i) individual purchases from price agreements and (ii) solicitation document
development and procurement administration (iii) advertisement of Qualified Agency ITBs and
RFPs will be invoiced at the end of each month according to Fee Schedules A, B and C.
'..:>'
Service charges are due and payable within 30 days of the date of the invoice. Past due accounts
may result in assessment of late payment charges at the rate of eight percent (8%) per annum.
Note: The State reserves the right to change the Fee Schedule at any time, subject to the
requirement to provide Qualified Agency with at least 30 days prior written notice.
Fee Schedule A - Individual Usage of State's Price Agreements
Value of Contract Release Order
S 0.00 to 199.99
$ 200.00 to $999.99
$1,000.00 to $ 4,999.99
$ 5,000.00 to S 9,999.99
$10,000.00 to $ 49,999.99
$ 50,000.00 to $ 99,999.99
$100,000.00 to $499,999.99
$500,000 and over
Service Charge
$ No Charge
$ 20.00
$ 50.00
$ 75.00
$ 100.00
$ 150.00
$ 300.00
$ 500.00
Fee Schedule B - Solicitation Document Development
Invitations to Bid! Preparation for award recommendation - $300.00
* Invitations to Bid! Combining State and Qualified Agency purchase
requests - up to S300.00
* Requests for Proposal- $300.00 to $500.00
* Proposal Evaluation! Preparation for award recommendation - S25.00
per hour.
* Each request will be evaluated for its complexity and estimated time involvement.
Fee Schedule C - ITBIRFP Advertisement
(i) Qualified Agency shall pay $45.00 for each ITB and RFP transferred (uploaded) to the VIP
system if the estimated contract price is equal to or greater than S25,000; (ii) Qualified Agency shall
pay $25.00 for each ITB and RFP transferred to the VIP system if the estimated contract price is less
than $25,000.
ORCPP, page 3
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7. Termination: This Agreement may be terminated by either State or Qualified Agency upon 30
days' written notice. No such termination shall prejudice any rights or obligations of either party
already accrued prior to the effective date of termination.
8. Hold Hannless, Indemnity: Qualified Agency shall defend, hold hannless and indemnify State, its
divisions, officers, employees, agents and members from all claims, suits, or actions of whatsoever
nature resulting from or arising out of the acts or omissions of Qualified Agency, or its officers,
employees, agents or subcontractors, under this Agreement.
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9. Successors in Interest, Assignment: The provisions of this Agreement shall be binding upon and
inure to the benefit of the parties hereto and their respective successors and assigns. Neither party
shall assign or transfer its interest in this Agreement without the prior written consent of the other.
10. Public Use: Qualified Agency represents and warrants that all purchases made through the
ORCPP shall be for public use and benefit only. No goods or services may be devoted to, or resold
for, personal use or profit.
11. Limitation of Liability: Qualified Agency understands and agrees that the State makes no
representation or warranty regarding the suitability, durability, merchantability or fitness for a
particular purpose of any goods or services available through this Agreement. Qualified Agency
agrees that the State shall not be subject to any claims, actions, or liability arising out of or in any
way related to any defect, malfunction, or damage of any nature arising from or related to goods or
services obtained from contractors through this Agreement. Further, the State shall not be liable
for any direct, indirect, incidental or consequential damages sustained by Qualified Agency and
arising out of or in any way related to goods or services obtained from contractors through this
Agreement.
12. Authorized Agents: Qualified Agency agrees to (i) provide State a list of all persons authorized
to sign Purchase Requests on behalf of the Qualified Agency, including samples of such persons'
signatures, and (ii) immediately inform State of any change in authorized agents.
13. Applicable Law, Venue: This Agreement shall be governed by and construed in accordance with
the laws of the State of Oregon. Qualified Agency agrees to comply with all laws, rules and
ordinances applicable to this Agreement, including but not limited to, ORS 279.312, 279.314,
219.316 and 219.320. In the event ofany litigation between the State and Qualified Agency arising
out of or related to this Agreement, such litigation shall only be commenced and maintained in the
Circuit Court of Marion County in Salem, Oregon.
ORCPP. vage 4
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14. MERGER: THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN
THE PARTIES. NO WAIVER, CONSENT, MODIFICATION OR CHANGE OF TERMS OR
PROVISIONS OF THIS AGREEMENT SHALL BIND EITHER PARTY UNLESS IN
WRITING AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT,
MODIFICATION OR CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN TIIE
SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. THERE ARE NO
UNDERST ANDINGS, AGREEMENTS OR REPRESENTATIONS, ORAL OR WRITTEN,
NOT SPECIFIED HEREIN REGARDING TIllS AGREEMENT.
15. Signatures: Each party, by the signature below of its authorized representative, hereby
acknowledges that it has read this Agreement, understands it, and agrees to be bound by its terms
and conditions. Each person signing this Agreement represents and warrants to have the authority
necessary to execute this Agreement.
NON-STATE AGENCY
D.A.S. PURCHASING
Signature:
Name:
Title:
Date:
'~~~1
NANCY A. KIRKSEY
MAYOR
January 23, 1996
Signature:
Name:
Title:
Date:
AGENTS AUTHORIZED TO SIGN PURCHASE REQUESTS ON BEHALF OF THE
QUALIFIED NON-STATE AGENCY
Signature: ~~ Signature:
Name: CHRIS CHILDS, CITY ADMINIST Name: BEN
Signature: ~ ~ ~ - Signature:
Name: G~K TIWARI Name:
PUBLIC WORKS DI T
Signature: ~~
Name: Nevi~_",:"
Park and Recreation Director
DIRECTOR
IMPORTANT - COMPLETE THE INFORMATION FORM ON THE NEXT PAGE
ORCPP, page 5
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INFORMATION FORM
TEL #
CITY OF WOODBURN
270 MONTGOMERY STREET
WOODBURN, OR 97071
982-5217 FAX #
982-5244
AGENCY NAME:
DORESS:
LIST ALL OMSIONS OR SECTIONS IN YOUR AGENCY AurnORIZEO UNDER 1HIS AGREEMENT
Public Works (Includes: Street, Water, Wastewater, Engineering,
1. Piannlng, BUllding, Code Enforcement)
Po lce Department
Finance Department
Park a~d Recreation
Transit/Dial-A-Ride
Person responsible for Contract Release Order Forms Jeannie Deen
FAX # 9 8 2 - J'2 4 4 Internet E-Mail Address:
Administration
Public Library
TEL. # 982-5217
Contact person for accounts payable issues Karen Halter, Accts Pay TEL. # 982-5219
FAX # 982-1)244 IntemetE-MailAddress:
VIP Access
Is the VIP system installed on your computer? Y es ~ No_If no, please send: _5 1/4 DO xx3 1/2 DO
What type of Computer do you have! (MAC, ffiM Compatible or other)
IBM compatib/e:_ Dff_ Uf_ XT_ 286~ 386_ 486_ PENT_ DOS Version: ~. d.
Macintosh:_ Dff_ Uf_
What type of Operating Environment do you have?
Stand Alone: Networked:.::i..... Host Attached:
Network Type: t00\lE.l..L Ll,' -
Menu Manager: \,JOtl.P ~ERfE.c" 0 FFl(G. J.q>
What type of Connection do you have!
Dial-up (modem) ~ Internet Pass- Thru (Exec or ODOT) _
Internet Connection Provider:(CommuServe, Teleport, Compass, etc)
What type OfMjt;m do you have!
MakeJModel: I';,A~ E.s q CoD 0
Internal_ Extemal~
Host Attachment Type:
Memory Managers:
Do youbave a Modem Manual? Yes y... No
Baud Rate (1200, 2400, 9600,14400) C\iDDO COM Port (1, 2, 3, 4) ~
Program Administrative Fee $150.00 Payment method:
Check# Visa or Mastercard Card #
Expiration Date
Department of Administrative Services
Oregon Cooperative Purchasing Program
Purchasing
1225 Ferry Street SE
Salem, OR 97310
Send to:
\AgenCY#:
USER ID:
New Renewed
For DAS Use Only