ARIZONA STATE PROCUREMENT (UPDATED 01-09-13).PDF

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Janice K. Brewer Brian C. McNeil
Governor Director
ARIZONA DEPARTMENT OF ADMINISTRATION
STATE PROCUREMENT OFFICE
100 NORTH FIFTEENTH AVENUE • SUITE 201
PHOENIX, ARIZONA 85007
(602) 542-5511 (main) (602) 542-5508 (fax)
http://spo. az . g ov
ARIZONA STATE PURCHASING COOPERATIVE AGREEMENT
This Cooperative State Purchasing Agreement ("Agreement") is entered between the
State of Arizona Procurement Office
and
Maricopa County
(Organization Name)
in accordance with Arizona Revised Statutes §41-2631, et seq., Article 10 Intergovernmental
Procurement, which authorizes cooperative purchasing for public procurement units and
nonprofit educational or public health institutions 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.
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2. The specifications for the materials and services will be determined by the State
Procurement Administrator or delegated State agencies.
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
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.
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.
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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. 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 resolution of any controversy should it choose to do so.
7. 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.
8. 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.
9. 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.
10. This Agreement may be canceled pursuant to the provisions of A.R.S. § 38-511.
11. This Agreement is exempt from the provisions of A.R.S. §§ 11-952(D) and
12-1518.
12. The State Cooperative Member certifies that its organization shall comply with the
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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.
13. 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.
14. 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.
15. 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.
16. 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.
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:
Signature:
Name: ANDREW KUNASEK Jean A. Clark, CPPO, C.P.M., CPPB, CPM
CHAIRMAN BOARD OF SUPERVISORS
Title: Title: State Procurement Administrator
JAN 28 2013
Date: Date:
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ARIZONA STATE PURCHASING COOPERATIVE
State Cooperative Member Contact Information
(Please submit completed form with agreement to address below.)
Name of Organization:
Maricopa County
Name of Contact Person:
James Foley
Title of Contact Person:
Deputy Chief Procurement Officer
Telephone number of contact person: Fax:
602-506-8196
E-mail address of contact person:
james.foley@mail.maricopa.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.)
Billing Address:
Maricopa County Office of Procurement Services
320 W. Lincoln Streeet
Phoenix, AZ 85003
Remit Address (if different from the billing address):
Federal ID Tax Number: 86-6000472
Please notify State Procurement Office of any changes to this information.
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: spoazdoa.gov
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