State Procurement Agreement 2022

Doug Ducey Andy Tobin
Governor Director

ARIZONA DEPARTMENT OF ADMINISTRATION

OFFICE OF THE DIRECTOR

100 NORTH FIFTEENTH AVENUE ¢ SUITE 402
PHOENIX, ARIZONA 85007
(602) 542-1500

ARIZONA STATE PURCHASING COOPERATIVE AGREEMENT

State of Arizona Procurement Office

and

(Organization Name — Eligible Prbcurement Unit)

This Cooperative State Purchasing Agreement (“Agreement”) is entered between the parties
in accordance with Arizona Revised Statutes §41-2631, et seq., Article 10 Intergovernmental
Procurement, which authorizes cooperative purchasing for public procurement units and
nonprofit organizations; 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.

2. The specifications for the materials and services will be determined by the State
Procurement Administrator or delegated State agencies.

3. 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.

4. The State Cooperative Member's use of eligible State contracts is discretionary.

Participation in the State Purchasing Cooperative shall not restrict or limit

ARIZONA STATE PURCHASING COOPERATIVE AGREEMENT

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.

c.) Be responsible for the ordering of materials or services under this
Agreement. The State shail 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.) Cooperate and assist the State when requested to validate transactions
reported by vendors on quarterly usage reports filed with the State
Procurement Office.

7. The exercise of any rights or remedies by the State Cooperative Member shall be
the exclusive obiigation 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.

8. 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

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ARIZONA STATE PUCHASING COOPERATIVE AGREEMENT
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ARIZONA STATE PURCHASING COOPERATIVE AGREEMENT

10.

ii.
12.

13.

14.

15.

16.

17.

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.

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.

This Agreement shall take effect with execution by both Parties on the date signed
by the State Procurement authorized signor, and shall remain in effect until
cancelled by either party. The State reserves the right to amend the agreement
during the term of the Agreement.

This Agreement may be canceled pursuant to the provisions of A.R.S. § 38-511.
This Agreement is exempt from the provisions of A.R.S. §§ 11-952(D) and
12-1518.

The State Cooperative Member certifies that its organization shall comply with
the 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.

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.

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.

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.
Except as provided in Paragraph 15, either of the Parties may terminate this
Agreement with at least thirty (30) dyas written notice to the other party.

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ARIZONA STATE PUCHASING COOPERATIVE AGREEMENT
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ARIZONA STATE PURCHASING COOPERATIVE AGREEMENT

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 COOPERATIVE MEMBER: FOR THE STATE:

Signature: Signature:

Name: Authorized SPO Representative
Title: Title:

Date: Date:

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ARIZONA STATE PUCHASING COOPERATIVE AGREEMENT
Updated 12/19/2019

ARIZONA STATE PURCHASING COOPERATIVE AGREEMENT

State Cooperative Member Contact Information

Name of Organization:

City of EL Mirage

Name/of Contact Person:

Valene Ofeda

Qualification: (Click the appropriate Box in either the Political
Subdivision or Non-Profit categories)

Political Subdivision:

Title of Contact Person:

Procurement Admushator

Telephone of Contact Person:

23 816 A793

Telephone of Office:

bts 972-EN¢

0 Federal
Agency/Gov't

O State
QO County
x City/Town

O Public School

O

Other
Educational
Institution
Tribal Nation
Fire District
Water District

Other:

Healthcare
Institution

Religous
Organization

Charity

Other:

E-mail address of Primary Contact Person:

Voc’ elmuageat-soy/

E-mail Address of Secondary Contact:

Rweddgen 0 elmnegeargav

(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.)

Physical Address:
10000 N. €/ Maye RA -
LIM inage, Az $5239

Mailing Address (if different from the physical address):

Federal ID Tax Number:

0b- LW]

Please notify the State Procurement Office of any changes to this information.

ARIZONA STATE PUCHASING COOPERATIVE AGREEMENT

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