Governor / / Kathy Peckardt
Interim Director
ARIZONA DEPARTMENT OF ADMINISTRATION
OFFICE OF THE DIRECTOR100 NORTH FIFTEENTH AVENUE SUITE 401
PHOENIX, ARIZONA85007
(602) 542-1500
STATE PROCUREMENT OFFICE NONPROFIT AGREEMENT
This Agreement (“Agreement”) is entered between the
State of Arizona Procurement Officeand
(Nonprofit CorporationName)
In accordance with Arizona Revised Statutes §41-2631, etseq., Article 10 Intergovernmental Procurement and Arizona Administrative CodeR271001, which authorizes cooperative purchasing for public procurement units and nonprofit corporations this document shall be used for registration by an nonprofit corporation to utilize State Procurement Office statewide contracts.
The signatory for the above named nonprofit corporationwarrants that the corporation is a “nonprofit corporation" defined in A.R.S. § 41-2631(4)as any nonprofit corporation as designated by the internal revenue service under section 501(c)(3) through 501(c)(6) or under section 115, if created by two or more local public procurement units, as defined in rules adopted by the director and includes certified nonprofit agencies for disabled individualsthat serve individuals with disabilities as defined in section 412636.
The purpose of this agreementis to permit the nonprofit corporation named above, hereafter known as the Nonprofit Corporation, to purchase materials and services from State contracts at the prices and terms expressed therein.
The State and the Nonprofit Corporationagree 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 Nonprofit Corporationas an eligible participant in any solicitation intended for general use. In addition, the State may invite the Nonprofit Corporationto participate in certain exclusive solicitations. Only Nonprofit Corporationsindicating an interest in participating in these exclusive solicitations will be eligible to participate in the resulting State contracts.
4.The Nonprofit Corporation’s use of eligible State contracts is discretionary. Participation shall not restrict or limit member’s ability to seek competitionas needed.
5.The State shall provide the Nonprofit Corporationwith access to listings of all eligible State contracts via ProcureAZ. The original copy of each State contract is a public record on file with the State. ProcureAZ providesavailable contract information and shall be used for contract purchases.
6.The Nonprofit Corporationshall:
a.Ensure that purchase orders or ordering documents issued against eligible State contracts are in accordance with the terms and prices established in the State contract.
b.Comply 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 Nonprofit Corporationshall be the exclusive obligation of the Nonprofit Corporation.
c.Be responsible for the ordering of materials or services . The State shall not be liable in any fashion for any violation by the Nonprofit Corporationof this Agreement and, with the exception of other Arizona State entities subject to A.R.S. §41-621,the Nonprofit Corporation shall hold the State harmless from any liability which may arise from action or inaction relating to this registration 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 Nonprofit Corporationshall be the exclusive obligation of the Nonprofit Corporation.
8.Failure of the Nonprofit Corporationto 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.Every payment obligation of the Department under this Agreement is conditioned upon the availability of funds appropriated and allocated for the payment of such obligation. If funds are not appropriated, allocated and available or if the appropriation is changed by the legislature resulting in funds no longer being available for the continuance of this Agreement, this Agreement may be terminated by the Department or any other agency of the State of Arizona at the end of the period for which funds are available. No liability shall accrue to the Department or any other agency of the State of Arizona in the event this provision is exercised, and neither the Department nor any other agency of the State of Arizona shall be obligated or liable for any future payments or for any damages as a result of termination under this paragraph.
10.Under A.R.S. §§ 35-214 and 35-215, the Contractor shall retain and shall contractually require each subcontractor to retain all data and other “records” relating to the acquisition and performance of the Contract for a period of five years after the completion of the Contract. All records shall be subject to inspection and audit by the State at reasonable times. Upon request, the Contractor shall produce a legible copy of any or all such records.
11.The Contractor shall comply with State Executive Order No. 2009-09 and all other applicable Federal and State laws, rules and regulations, including the Americans with Disabilities Act.
12.This Agreementshall take effect immediately and shall remain in effect unless cancelled as stated below.
13.The State reserves the right to amend this agreement.
14This Agreement may be canceled pursuant to the provisions of A.R.S. §38-511.
15.This Agreementis exempt from the provisions of A.R.S. §11-952(D).
16.Either party may terminate this Agreement with at least thirty (30) days written notice to the other party.
Complete as indicated below:
Name of Organization: / Organization Type:☐Non-Profit Educational Institution*
☐Non-Profit Healthcare Institution*
☐Non-Profit Other*
Signature:
Name and Title:
Date Signed:
Nonprofit CorporationContact Information
Name of Contact Person:Title of Contact Person:
Telephone number of contact person: / Fax:
E-mail address of contact person:
(If possible, please provide a general email address that can be forwarded to the contact person 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.)
Physicaladdress:
Mailing address if different from physical address:
*Please scan and email your signed agreement to along with a copy of your paperwork verifying your non-profit status.
ARIZONA STATE NONPROFIT AGREEMENTPage 1of 3
Updated 10/21/14