Res 1157 - Agmt Purchasing
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COUNCIL BILL NO. 1440
RESOLUTION NO. 1157
A RESOLUTION AUTHORIZING AN AGREEMENT 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 Generai 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,
Section 1. That the Mayor and City Administrator are authorized to sign on behalf
of the City the 1992 Cooperative Purchasing Agreement with the State of Oregon, General
Services Division,
Section 2. That said agreement is attached hereto and, by this reference
incorporated herein.
Approved as to for~~ ~ ~l.-tt^,,~t'\ r \ /1 'r2..
City AOom" ~ Det. '
APPROVED: . ~
L N K LLE , MAY
Passed by the Council
December 14, 1992
Submitted to the Mayor
December 15, 1992
Approved by the Mayor
December 15, 1992
Filed in the Office of the Recorder
December 15, 1992
ATTEST: fY1~~
Mary Ten ant, City Recorder
City of Woodburn, Oregon
Page 1 -
COUNCIL BILL NO, 1440
RESOLUTION NO. 1157
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COOPERATIVE PURCHASING AGREEMENT
This Cooperative Purchasing Agreement ("Agreement") is entered into pursuant to
ORS 190.110 and ORS 279.855 by and between the State of Oregon, acting by and
through its Department of General Services, Purchasing Division ("State"), and
City of Woodburn , a Qualified Non-State Agency ("QUalified
Agency"). as defined in ORS 190.003, ORS 190.110 (I), or ORS 279.855 (1)
through (3).
1. Purpose: The State allows Qualified Non-State Agencies which enter into
Cooperative purchasing Agreements to participate in the Stat~~s
Cooperative Purchasing Program ("CPP"). QUalified Agency des1res to
participate in the CPP 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 not
obligate, Qualified Agency to use the CPP 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 December 31, 1993.
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 CPP
Coordinator at least 30 days prior to the termination date set forth in
paragraph 2, above.
4. Responsibilities of the 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 Purchases: 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 eRa forms and purchase request forms to Qualified
Agency. Additional forms are available from the State upon request.
D. Purchase Request Purchases: 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 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 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 QualifLed 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..:tlf contract
administration, such as but not limited to: inspection of goods,
supervision of trade services contractors, and compliance with or
enforcement of manufacturer or contractor warranties.
5. Responsibilities of the Qualified A~ency: During the term of this
Agreement, Qualified Agency shall:
A. Price A~reement Purchases: Complete and send to State, by the lOth 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. Ne~otiation: 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.
6. Consideration: There is a cost for services provided by the Cooperative
Purchasing Program. The Qualified Agency shall pay to the State an
annual, nonrefundable, program administration fee in the amount of $150
upon execution of this Agreement and on each yearly anniversary
thereafter while this Agreement remains in effect. Service charges for
(i) individual purchases made from price agreements and (ii) solicitation
document development and procurement process administration will be
invoiced at the end of each month according to Fee Schedules A and B.
Fee Schedule A - Individual Usage
Value of Contract Release Order
Service Char~e
$ 0.00 to 199.99
$ 200.00 to $999.99
$ 1,000.00 to $ 4,999.99
$ 5,000.00 to $ 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
$ No Charge
$ 20.00
$ 50.00
$ 75.00
$ 100.00
$ 150.00
$ 300.00
$ 500.00
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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 b~t not limited to, ORS 279.312, 279.314,
279.316 and 279.320. In the event of any 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.
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 ~~ WRITING
AND SIGNED BY BOTH PARTIES. SUCH WAIVER, CONSENT, MODIFICATtON OR
CHANGE, IF MADE, SHALL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR
THE SPECIFIC PURPOSE GIVEN. THERE ARE NO UNDERSTANDINGS, AGREEMENTS OR
REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED HEREIN REGARDING THIS
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
OREGON DEPARTMENT OF GENERAL SERVICES
PUR,GRASING. DIVISIO~
Signature~ ~1
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Title: Mayor
Signature':
Title:
Date:
12/15/92
Date:
AGENTS AUTHORIZED TO SIGN PURCHASE REQUESTS
AGENCY __-----QrC ~.
Signature;c-/:-,~ Lu-,I.-,~'-/~
Name: G.S. Frank Tiwari
Public Works Dire~tor
ON BEHALF OF THE QUALIFIED NON-STATE
Signature:,
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Signature:
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Park & Recreation Director
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Signature:
Name:
Signature:
Nar.le:
Name: Ed Rector
9-1-'l1Dir~c}or '
Signature: r;d1~/
Name: Chris Childs
Clty Admlnlstrator
Name:
IMPORTANT _ COMPLETE THE INFORMATION FORM ON THE NEXT PAGE
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Fee Schedule B - Solicitation Document Development
Invitations to Bid! Preparation for award recommendation - $300.00
* Invitations to Bid! Combin~ng State and Qualified Agency purchase
requests - up to $300.00
* Requests for Proposal- $300.00 to $500.00
* Proposal Evaluation! Preparation for award recommendation - $25.00
per hour.
* Each request will be evaluated for its complexity and estimated time
invol vement.
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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 per annum.
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 Harmless, Indemnitv: Qualified Agency shall defend, hold harmless
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.
9. Successors in Interest, Assignment: The provisions of this Agreement
shal1 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 CPP 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 Liabilitv: 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, action, 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.
PROGRAM QUALIFICATIONS
Thank you for expressing an interest in participating in the Cooperative Purchasing
Program. So that your organization may participate in the program it must meet one of
the following qualifications.
Mark the qualification that best describes your organization and furnish the requested
information.
My organization Ci ty of Woodburn
is a:
A. X
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 agen~~or American
Indian tribe or agency. ..
B. Qualified nonprofit agency for disabled individuals participating in the
program set forth in ORS 279.820 to 279.850.
* If your organization meets qualification B, your organization must be certified as
a Qualified Rehabilitation Facility with the Purchasing Division"s Special
Programs Coordinator. Information regarding certification is availab1e by calling
373-1250.
C. 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 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.
e. State Contract Administrator's
name, original signature, mailing address & telephone number.
D. 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 of local government, as defined in ORS 190.003,
that funds the contract, in whole or in part with state funds."
* If your organization meets qualification D, PROVIDE DOCUMENTATION demonstrating that
your organization:
1. 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;
AND
(program qualifications continue next page)
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2. 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 ~ecognized as exempt under section 501 (c) (3) of the
Internal Revenue Code of 1986;
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AND
3. IS NOT a "religious corporation" as defined in ORS 65.001 (33) .
YOU MUST ALSO PROVIDE:
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 of 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.
QUAL2/CPP
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INFORMATION FORM
AGENCY NAME:
City of Woodburn
270 Montgomery Street
ADDRESS:
Woodburn, OR
97071
TEL. 1/ 982-5222
Person responsible for Contract Release Order Forms
Jean Deen
TEL. 1/ 982-5217
Contact person for accounts payable issues
Karen Halter
TEL. 1/ 982-5219
LIST ALL DIVISIONS OR SECTIONS IN YOUR AGENCY AUTHORIZED UNDER THIS AGREEMENT
Public Works (Street, Water, Wastewater, Engineering, Planning, Building, Code Enforcement)
Police Department
Finance Department
9-1-1 Communiciations
Park & Recreation
Public Library
Transit Division
Administration Office
Upon acceptance of your participation qualifications the State
communication software allowing you access to the VIP program.
software disc size needed. (Check One)
will provide
Please indicate the
5 1/4 DD
5 1/4 HD
3 1/2 DD
~ 3 1/2 HD
Submitt the following: program qualification page, Participation Agreement completed
and signed, $150.00 program administration fee and this information page.
SEND TO:
DEPARTMENT OF GENERAL SERVICES
COOPERATIVE PURCHASING PROGRAM
PURCHASING DIVISION
1225 FERRY STREET SE
SALEM, OR 97310
CPA/CPP 9-92
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