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Home My WebLink AboutCOW 2022-01-24 Item 4D - Interlocal Agreement - Purchasing Consortium with Omnia PartnersCOUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 01/24/22 JR ITEM INFORMATION ITEMNO. 4.D. & Spec 2.G. 81 STAFF SPONSOR: CODY LEE GRAY ORIGINAL AGENDA DATE: 01/24/22 AGENDA ITEM TITLE Interlocal Agreement with Omnia Partners Purchasing Consortium CATEGORY ❑ Discussion Mtg Date 11 Motion Date 01/24/22 ❑ Resolution Mtg Date ❑ Ordinance M Date ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other Mtg Date Mtg SPONSOR ❑Council Mayor HR DCD ❑Finance Fire TS P&R ❑Police 11 PW Court SPONSOR'S The City of Tukwila has been a member of the National IPA purchasing consortium for SUMMARY many years. Being a member of a purchasing consortium provides the City of Tukwila the advantage of purchasing power and purchasing efficiencies by enabling us to obtain discounts from vendors beyond what we could accomplish separately. Council is being asked to authorize the Mayor to sign the Omnia Partners Master Intergovernmental Cooperative Purchasing Agreement. REVIEWED BY Trans&Infrastructure ❑ CommunitySvs/Safety ❑ Finance Comm. ❑ Planning/Economic Dev. ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: KATE KRULLER ❑ LTAC DATE: 01/18/22 RECOMMENDATIONS: SPONSOR/ADMIN. COMMITTEE Public Works Department Unanimous Approval; Forward to Consent Agenda Special Meeting COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 01/24/22 MTG. DATE ATTACHMENTS 01/24/22 Informational Memorandum dated 01/14/22 Omnia Partners Master Purchasing Agreement <updated after T&I Committee> Minutes from Transportation and Infrastructure Committee meeting of 01/18/22 81 82 City of Tukwila Allan Ekberg, Mayor Public Works Department - Hari Ponnekanti, Director/CityEngineer INFORMATIONAL MEMORANDUM TO: Transportation & Infrastructure Services Committee FROM: Hari Ponnekanti, Public Works Director/ City Engineer By: Cody Gray, Operations Manager — Fleet, Facilities & Street Maintenance CC: Mayor Allan Ekberg DATE: January 14, 2022 SUBJECT: Interlocal Agreement with Omnia Partners Purchasing Consortium Issue Sign an interlocal agreement with Omnia Partners, a public sector purchasing consortium. Background The City of Tukwila has been a member of the National IPA purchasing consortium for many years. In 2017, the founders of National IPA formed Omnia Partners which has since acquired additional purchasing consortiums, such as the U.S. Communities Government Purchasing Alliance. Analysis Being a member of a purchasing consortium provides the City of Tukwila the advantage of purchasing power and purchasing efficiencies by enabling us to obtain discounts from vendors beyond what we could accomplish separately. Omnia Partners requires an updated Interlocal Agreement on file to continue using master contracts and receiving cost benefits from our vendors. Fleet & Facilities has already examined a few existing contracts and expect a cost savings of more than $11,000.00 annually. Financial Impact There is no cost for membership. Recommendation Council is being asked to authorize the Mayor to sign the Omnia Partners Master Intergovernmental Cooperative Purchasing Agreement and forward to the Consent Agenda at the January 24, 2022 Special Meeting. Attachment: Omnia Partners Master Intergovernmental Cooperative Purchasing Agreement Fleet & Facility Services -14000 Interurban Avenue, Tukwila, WA 98168 - 206-431-0166 rukwilo City Hail • 152005rruthcentor Boulevard • Tukwila, WA 981S. • 20,433,1000 • Website: TukwrlaLUitgov 83 OMNIA® PARTNERS NAN,I i PA, Id us.COMMtAMES' MASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT This Master Intergovernmental Cooperative Purchasing Agreement (this "Agreement") is entered into by and between those certain government agencies that execute a Principal Procurement Agency Certificate ("Principal Procurement Agencies") with National Intergovernmental Purchasing Alliance Company, a Delaware corporation d/b/a OMNIA Partners, Public Sector and/or Communities Program Management, LLC, a California limited liability company d/b/a U.S. Communities (collectively, "OMNIA Partners") to be appended and made a part hereof and such other public agencies ("Participating Public Agencies") who register to participate in the cooperative purchasing programs administered by OMNIA Partners and its affiliates and subsidiaries (collectively, the "OMNIA Partners Parties") by either registering on the OMNIA Partners website (www.omniapartners.com/publicsector or any successor website), or by executing a copy of this Agreement. RECITALS WHEREAS, after a competitive solicitation and selection process by Principal Procurement Agencies, in compliance with their own policies, procedures, rules and regulations, a number of suppliers have entered into "Master Agreements" (herein so called) to provide a variety of goods, products and services ("Products") to the applicable Principal Procurement Agency and the Participating Public Agencies; WHEREAS, Master Agreements are made available by Principal Procurement Agencies through the OMNIA Partners Parties and provide that Participating Public Agencies may purchase Products on the same terms, conditions and pricing as the Principal Procurement Agency, subject to any applicable federal and/or local purchasing ordinances and the laws of the State of purchase; and WHEREAS, in addition to Master Agreements, the OMNIA Partners Parties may from time to time offer Participating Public Agencies the opportunity to acquire Products through other group purchasing agreements. NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, and of the mutual benefits to result, the parties hereby agree as follows: 1. Each party will facilitate the cooperative procurement of Products. 2. The Participating Public Agencies shall procure Products in accordance with and subject to the relevant federal, state and local statutes, ordinances, rules and regulations that govern Participating Public Agency's procurement practices. The Participating Public Agencies hereby Version January 30, 2020 85 the Participating Public Agency in another GPO's purchasing program provided the purchase of Products through the OMNIA Partners Parties or any other GPO shall be at the Participating Public Agency's sole discretion. 7. The Participating Public Agencies (each a "Procuring Party") that procure Products through any Master Agreement or GPO Product supply agreement (each a "GPO Contract") will make timely payments to the distributor, manufacturer or other vendor (collectively, "Supplier") for Products received in accordance with the terms and conditions of the Master Agreement or GPO Contract, as applicable. Payment for Products and inspections and acceptance of Products ordered by the Procuring Party shall be the exclusive obligation of such Procuring Party. Disputes between Procuring Party and any Supplier shall be resolved in accordance with the law and venue rules of the State of purchase unless otherwise agreed to by the Procuring Party and Supplier. 8. The Procuring Party shall not use this Agreement as a method for obtaining additional concessions or reduced prices for purchase of similar products or services outside of the Master Agreement. Master Agreements may be structured with not -to -exceed pricing, in which cases the Supplier may offer the Procuring Party and the Procuring Party may accept lower pricing or additional concessions for purchase of Products through a Master Agreement. 9. The Procuring Party shall be responsible for the ordering of Products under this Agreement. A non -procuring party shall not be liable in any fashion for any violation by a Procuring Party, and, to the extent permitted by applicable law, the Procuring Party shall hold non- 86 procuring party harmless from any liability that may arise from the acts or omissions of the Procuring Party. 10. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE OMNIA PARTNERS PARTIES EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS AND WARRANTIES REGARDING ANY PRODUCT, MASTER AGREEMENT AND GPO CONTRACT. THE OMNIA PARTNERS PARTIES SHALL NOT BE LIABLE IN ANY WAY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR RELIANCE DAMAGES, EVEN IF THE OMNIA PARTNERS PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, THE PROCURING PARTY ACKNOWLEDGES AND AGREES THAT THE OMNIA PARTNERS PARTIES SHALL HAVE NO LIABILITY FOR ANY ACT OR OMISSION BY A SUPPLIER OR OTHER PARTY UNDER A MASTER AGREEMENT OR GPO CONTRACT. 11. This Agreement shall remain in effect until termination by either party giving thirty (30) days' written notice to the other party. The provisions of Paragraphs 6 - 10 hereof shall survive any such termination. 12. This Agreement shall take effect upon (i) execution of the Principal Procurement Agency Certificate, or (ii) registration on the OMNIA Partners website or the execution of this Agreement by a Participating Public Agency, as applicable. Authorized Signature Name Title and Agency Name NATIONAL INTERGOVERNMENTAL PURCHASING ALLIANCE COMPANY, A DELAWARE CORPORATION D/B/A OMNIA PARTNERS, PUBLIC SECTOR AND/OR COMMUNITIES PROGRAM MANAGEMENT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY D/B/A U.S. COMMUNITIES Signature Sarah E. Vavra Name Sr. Vice President, Public Sector Contracting Title Date Date Version January 30, 2020 87 City of Tukwila City Council Transportation & Infrastructure Services Committee Meeting Minutes January 18, 2022 5:30 p. m. - Electronic Meeting due to COVID-19 Emergency CouncilmembersPresent: Kate Kruller, Chair; Mohamed Abdi, Tosh Sharp Staff Present: David Cline, Hari Ponnekanti, Brittany Robinson, Seong Kim, Griffin Lerner, Bryan Still, Sherry Edquid, Cody Lee Gray, Adib Altallal, Joshua Hopkins, Laurel Humphrey Chair Kruller called the meeting to order at 5:30 p.m. I. BUSINESS AGENDA A. Contract: 2022 Small Drainage Program Staff is seeking approval of a contract with KPG, Inc. in the amount of $99,512.00 to design the 2022 Small Drainage Program, which includes five projects. Committee Recommendation Unanimous approval. January 24, 2022 Special Meeting Consent Agenda. B. Contract: Macadam Road South Water Upgrade & Sidewalk Improvements Staff is seeking Council approval of a construction bid award to Laser Underground & Earthworks, Inc. in the amount of $1,984,474.81 for the Macadam Road South Water Upgrade and Sidewalk Improvements Project. Committee Recommendation Unanimous approval. January 24, 2022 Special Meeting Consent Agenda. C. Contract: 152nd Street Watermain Extension & Replacement Staff is seeking Council approval of a contract with BHC Consultants, LLC in the amount of $312,833.00 for design and construction management of the South 152nd St. Watermain Replacement & Extension. Committee Recommendation Unanimous approval. January 24, 2022 Special Meeting Consent Agenda. D. Interlocal Agreement: Omnia Partners Purchasing Consortium Staff is seeking Council approval of an interlocal agreement with Omnia Partners to continue * participation in a public sector purchasing consortium. Committee Recommendation Unanimous approval. January 24, 2022 Special Meeting Consent Agenda. 89