TEMPE.PDF

13\1'1 ERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT
C99- 281 '23 Cr0 00 7 - 47,,
PURSUANT to A.R.S. Sections 11-952 and 41-2632, this agreement is made between
Maricapa County and City of Tempe , Arizona.
RECITALS
WHEREAS, the parties hereto desire to conserve resources and reduce procurement cost;
and,
WHEREAS, the parties hereto desire the free exchange of information, technology, and
other services that may assist in improving the efficiency or economy of the procurement of
necessary materials and services; and,
WHEREAS, the cooperative purchasing agreement will serve both of those ends;
NOW, THEREFORE, in consideration of the mutual promises contained in this
agreement, and of the mutual benefits to result therefrom, the parties agree as follows:
1. To the extent the parties determine that, with respect to the procurement or
disposal of materials, services or necessary construction, it is beneficial to the parties to
participate in cooperative purchasing, the terms of this agreement will apply.
2. That the procurement or disposal of any material, service or construction subject
to this agreement shall be conducted in accordance with A.R.S. Section 11-251 and the Maricopa
County Procurement Code, or under directives of
C4,247-p-2 A as each shall respectively apply to the parties.
3. That the cooperative use of bids obtained by a party to this agreement shall be in
accordance with the terms and conditions of the bid, except as modification of those terms and
conditions is otherwise allowed by law.
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4. That the parties will make available, upon reasonable request and subject to
convenience, necessity and, in appropriate circumstance a reasonable fee or charge, any
information, technology, or other service which may assist in improving the efficiency or
economy of each party's procurement or disposal of material, service or construction.
5. That a procuring party will make timely payments to the vendor for materials and
services received in accordance with the terms and conditions of the procurement. Payment for
materials and services and inspections and acceptance of materials and services ordered by the
procuring party shall be the exclusive obligation of such procuring party.
6. The procuring party shall not use this agreement as a method for obtaining
additional concessions or reduced prices for similar materials or services.
7. The procuring party shall be responsible for the ordering of materials or services
1.•
under this agreement. A non-procuring party shall not be liable in any fashion for any violation
by a procuring party, and the procuring party shall hold non-procuring party harmless from any
liability which may arise from action or inaction of the procuring party.
8. The exercise of any rights or remedies by the procuring party shall be the
exclusive obligation of such procuring party.
9. This agreement shall remain in effect until termination by either party. Either
party may terminate this agreement by giving 30 days written notice to the other party.
10. This agreement shall take effect after execution by both parties. Pursuant to
A.R.S. Section 41-2632, this agreement need not be filed with the County Recorder or the
Secretary of State to be effective. This agreement supersedes any and all previous cooperative
purchasing agreements between the parties.
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11. This agreement may be canceled pursuant to provisions of A.R.S. Section 38-511
which provisions are incorporated herein by this reference.
IN WITNESS WHEREOF, the parties to this agreement have caused their names to be affixed
hereto by their proper officers on the dates indicated
Date: /
Agency Name - City of Tempe Mayor
Signature/Title (Authorized Officer
Date: 1-71.7000
Signature/Title (Legal Consvf) Bead Woodford
City Attorney
Date:
Chairman, Board of Supervisors 1/ 03 ?f
Maricopa County, Arizona
ATTESTED
(
Date:
C-I-e&-Of the Board
Maricopa County, Arizona
APPROVED AS TO FORM
Date: _
Deputyrlylaricopa County Attorney
( GAFORM
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INTERGOVERNMENTAL AGREEMENT DETERMINATION
In accordance with Section 11,952, Arizona Revised Statutes, the foregoing Agreement
has been reviewed by the undersigned attorneys who have determined that it is in proper form
and is within the powers and authority granted under the laws of the State of Arizona to the
public body represented by the respective attorney.
Attorney for the City Attorney for Maricopa County
Brad Woodford
City Attorney