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Home My WebLink About032122ca08Department of Public Works O Consent Agenda Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Mark McCauley, Interim County Administrator From: Monte Reinders, P.E., Public Works Director/County Engineer Agenda Date: March 14, 2022 Subject: Approval of OMNIA Partners Master Intergovernmental Cooperative Purchasing Agreement Statement of Issue: Approval of a Master Intergovernmental Cooperative Purchasing Agreement with OMNIA Partners (OMNIA). Analysis/Strategic Goals/Pro's Et Con's: OMNIA is an intergovernmental cooperative purchasing organization which facilitates "piggybacking" onto existing contracts which have been competitively solicited and publicly awarded by other government entities following applicable procurement laws and regulations. Jefferson County originally established a membership in 2005 with National IPA, which later merged with US Communities Government Purchasing Alliance, to become OMNIA. Approval of a current OMNIA Master Intergovernmental Cooperative Purchasing Agreement will maintain Jefferson County's membership and assure that the most current agreement is on file. Fiscal Impact/Cost Benefit Analysis: Utilizing OMNIA Partners competitively solicited and publicly awarded cooperative contracts provides time and cost saving efficiencies by not duplicating procurement requirements. Recommendation: Public Works recommends that the Board sign two (2) originals of the attached Memorandum and return one (1) original to Public Works. Department Contact: Anna Romcevich, P.E., Project Manager, 385-9380. Reviewed By: 01 Mark McCauley nterim County Admini tr for Date LN Department of Public Works 623 Sheridan Street Port Townsend, WA 98368 0 Jefferson County, Washington 360-385-9160 yS�11tiC�C DATE: March 3, 2022 TO: Board of County Commissioners FROM: Monte Reinders, P.E., Public Works Director / County Engineer Subject: Approval of OMNIA Partners (OMNIA) Master f Intergovernmental Cooperative Purchasing Agreement OMNIA is an intergovernmental cooperative purchasing organization which facilitates "piggybacking" onto existing contracts which have been competitively solicited and publicly awarded by other government entities following applicable procurement laws and regulations. Jefferson County originally established a membership in 2005 with National IPA (Member #2614069), which later merged with US Communities Government Purchasing Alliance, to become OMNIA. To maintain the County's membership and assure that the most current agreement is on file, Public Works has attached OMNIA's current Master Intergovernmental Cooperative Purchasing Agreement for the Board of County Commissioners review and approval. Approval of the OMNIA Master Intergovernmental Cooperative Purchasing Agreement by way of this memorandum will allow for the future use of OMNIA Partners cooperative purchasing services by Jefferson County. Approved Heidi Eisenhour Chair, Board of County Commissioners Date OMNIA P A R T N E R S N�ATfQN 1� PA u.&COM UNITIES' MASTER I: V—J1AT1 T CURCHASING A RF.EMF. 'T 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 ("LLLnLiUal Procljrement A ") 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 Par•tner-s") to be appended and made a part hereof and such other public agencies ("EuticiU in"P lic Agencies") who register to participate in the cooperative purchasing programs administered by OMNIA Partners and its affiliates and subsidiaries (collectively, the "OMNIA Pariners Parties") by either registering on the OMNIA Partners website www.omnia artners.cornl ublicsectoi• 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 "Mag gr Agr Ments" (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: 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 acknowledge and agree that it is the intent of the parties that all provisions of this Agreement and that Principal Procurement Agencies' participation in the program described herein comply with all applicable laws, including but not limited to the requirements of 42 C.F.R. § 1001.952(h), as may be amended from time to time. The Participating Public Agencies further acknowledge and agree that they are solely responsible for their compliance with all applicable "safe harbor" regulations, including but not limited to any and all obligations to fully and accurately report discounts and incentives. 3. The Participating Public Agency represents and warrants that the Participating Public Agency is not a hospital or other healthcare provider and is not purchasing Products on behalf of a hospital or healthcare provider. 4. The cooperative use of Master Agreements shall be in accordance with the terms and conditions of the Master Agreements, except as modification of those terms and conditions is otherwise required by applicable federal, state or local law, policies or procedures. 5. The Principal Procurement Agencies will make available, upon reasonable request, Master Agreement information which may assist in improving the procurement of Products by the Participating Public Agencies. 6. The Participating Public Agency agrees the OMNIA Partners Parties may provide access to group purchasing organization ("GPO") agreements directly or indirectly by enrolling 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 "Procurilig 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, "SUU111ig") 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- 2 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. 3