7-Cooperative Agreement Information (9).docx

ABOUT THE NEW JERSEY COOPERATIVE PURCHASING ALLIANCE

The New Jersey Cooperative Purchasing Alliance is open to municipalities, boards of education, public universities and colleges, and other public purchasing entities to join. We currently have over 270 members from more than 15 counties; It is not required that members are located in New Jersey. We aim to minimize the total cost of purchasing operations for all members. There is no cost for municipalities, boards of education, public universities or colleges and other public purchasing entities to join The New Jersey Cooperative Purchasing Alliance. Vendors who are awarded a Cooperative Bid with The New Jersey Cooperative Purchasing Alliance, have an opportunity to increase their sales volume by soliciting business from Cooperative members for the products/services included in the bid that has been awarded.

COOPERATIVE AGREEMENT

The 1 % NJ Cooperative Purchasing Alliance fee shall be incorporated into all prices as required by the instructions to bidders.

If your company is willing to provide the item(s) herein bid upon to Other Agencies in System # CK04 NJ Cooperative Purchasing Alliance without submission or deviation from the specifications, size, features, quality, price or availability as herein set forth, it is understood that orders will be placed directly by separate contract, subject to the overall terms of the master contract to be awarded by the County of Bergen, that no additional service or delivery charges will be levied except as permitted by these specifications.

If your company is not willing to extend prices to Other Agencies as described above, it is understood that this will not adversely affect consideration of this bid with respect to the needs of the County of Bergen. In keeping with County’s commitment to providing cooperative pricing contracts for its membership, refusal to extend pricing to the co-op may result in a dual award to include an alternate vendor willing to extend pricing to the cooperative for the duration of the contract.

Questions or requests to join the New Jersey Cooperative Purchasing Alliance can be directed to 201-336-7100 or by e-mailing BCPurchasing@co.bergen.nj.us

1. REGISTERED COOPERATIVE PRICING SYSTEM #CK04-BERGEN and # 11BECCP - NEW JERSEY COOPERATIVE PURCHASING ALLIANCE A. The County of Bergen, acting as the Lead Agency, manages a Voluntary Cooperative Pricing System membership with various municipalities, quasi- municipal agencies, public and regional school districts and quasi-county agencies.

B. The County of Bergen is obtaining prices for items to be ordered by the County for its own needs and directly by other participants (a cooperative pricing system).

1. County of Bergen requirements; and

2. Other agencies

C. Each Cooperative member deciding to take advantage of the subject prices shall itself be directly responsible for having drawn up and executed whatever contractual instrument it deems necessary for governing business relations between itself and the supplier.

D. Contract(s) of purchase shall be awarded to the lowest responsible and responsive bidder (s) as declared by the County of Bergen. The contract awarded between the County of Bergen and the successful vendor(s):

1. Shall establish the contractual obligation regarding specific items, specifications and quantities to be provided by the Lead Agency

2. Shall set forth the estimated quantities, together with relevant delivery information with respect to other agencies, as specified in these specifications.

3. Other agencies ordering any materials, supplies or work pursuant to this master contract shall do so by the issuance of the appropriate contract between the other agency and the vendor, subject to the requirements of the master contract, which may be referred to by reference.

4. No such subsidiary contract issued by another agency shall provide for any deviation from the specifications, price or quality set forth in the master contract pursuant to these specifications.

E. The purpose of the master contract with respect to the Lead Agency shall be to establish the specifications and price. The subsidiary contracts, placing the orders with the vendor, shall establish the quantities required by each other agency within the terms set forth in the master contract.

F. The successful vendor shall invoice each of the other agencies directly for the materials ordered by the other agencies, and the other agencies shall pay the vendor directly. No additional contract will be required with respect to the needs of the County of Bergen as specified in the awarded master contract.

G. A full membership listing of each co-operative may be found at the following website www.BergenBids.com , this listing is herein presumed to be complete at the time of the bid, however members may join at any junction of the contract and have in our acceptance of their application implied written authority to order from the pricing listed in the master agreement of such contracts. The vendor has the right to object and refuse contracting with members who were not listed at the time of the bid should they so choose to. Should the vendor execute this right of refusal they shall do so in writing to the agency requesting pricing.

H. If the lowest responsive responsible bidder has chosen not to extend pricing to the members of the cooperatives then the County of Bergen at its sole decision shall make two awards. One for the use of the lead agency only and one to the lowest responsive responsible bidder who has opted to extend pricing to the members of the cooperative.

2. FEES & REPORTING

A. Administrative Fees. Suppliers shall pay to the County of Bergen as the lead agency for the New Jersey Cooperative Purchasing Alliance, a quarterly administrative fee based upon the total sales price of all purchases shipped and billed pursuant to the Master Agreement, excluding taxes, in the amount of one percent (1%) of aggregate purchases made during each calendar quarter (individually and collectively, “Administrative Fees”). Contractor’s annual sales shall be measured on a calendar year basis. All Administrative Fees shall be payable in U.S. Dollars and shall be made by check to the County of Bergen, C/O Division of Purchasing, One Bergen County Plaza, Hackensack NJ. Administrative Fees shall be due and payable within thirty (30) days of the end of each calendar quarter for purchases shipped and billed during such calendar quarter. Calendar Quarters are defined as one of the four periods of three months into which the financial year is divided (January until March, April until June, July until September, and October until December).

B. Sales Reports. Within thirty (30) days of the end of each calendar quarter, the contractor shall deliver to the County of Bergen an electronic accounting report, to the attention of Peter Gerrity, QPA, Purchasing Agent at bcpurchasing@co.bergen.nj.us in the format prescribed by section 37(D) hereto, summarizing all purchases made under the Master Agreement during such calendar quarter (“Sales Report”). All purchases indicated in the Sales Report shall be denominated in U.S. Dollars. All purchases shipped and billed pursuant to the Master Agreement for the applicable calendar quarter shall be included in the Sales Report. The County of Bergen reserves the right upon reasonable advance notice to the Suppliers to change the prescribed report format to reflect changes in needs or marketplace.

C. Exception Reporting/Sales Reports Audits. Upon reasonable notice the County of Bergen reserves the right to audit sales reports and confirm the appropriate administrative fee has been remitted to the County.

D. Usage Reporting. Within thirty (60) days of the end of each contract year, Supplier shall deliver to the County of Bergen an electronic usage report of all sales under the Master Agreement, including:

I. Supplier’s Product Number II. Product Description III. Manufacturer Name IV. Manufacturer Number V. Unit of Measure VI. New Jersey Cooperative Purchasing Alliance Price VII. Number of times ordered VIII. Units sold IX. Sales by Manufacturer

E. Alternate reporting option; The County of Bergen shall accept an alternate report if the report format being requested is too burdensome to the contractor. Should the contractor choose to execute this option the contractor shall present the alternate report in writing no less than December 1st of the first full year of the contract upon which the contract is in effect 6 months or more.

F. Suppliers Failure to Provide Reports or Pay Administrative Fees. Failure to provide a Sales Report or pay Administrative Fees within the time and in the manner specified herein shall be regarded as a material breach under this Agreement and if not cured within thirty (30) days of written notice to Supplier, shall be deemed a cause for termination of the Master Agreement at the County of Bergen’s sole option.

3. Pricing, Sales, and Marketing Commitment.

A. Supplier represents to the County of Bergen that the pricing offered under the Master Agreement is the lowest overall available pricing (net to purchaser) on Products and Services that it offers to Public Agencies. Supplier’s pricing shall be evaluated on either an overall project basis or the Public Agency’s actual usage for more frequently purchased Products and Services.

B. Contracts Offering Lower Prices. If a pre-existing contract and/or a Public Agency’s unique buying pattern provide one or more Public Agencies a lower price than that offered under the Master Agreement, Supplier shall match that lower pricing under the Master Agreement and inform the eligible Public Agencies that the lower pricing is available under the Master Agreement. If an eligible Public Agency requests to be transitioned to the Master Agreement, Supplier shall do so and report the Public Agency’s purchases made under the Master Agreement going forward. The price match only applies to the eligible Public Agencies. Below are three examples of Supplier’s obligation to match the pricing under Supplier’s contracts offering lower price:

a. Supplier holds a state contract with lower pricing that is available to all Public Agencies within the state. Supplier would be required to match the lower state pricing under the Master Agreement and make it available to all Public Agencies within the state.

b. Supplier holds a regional cooperative contract with lower pricing that is available only to the cooperative members. Supplier would be required to match the lower cooperative pricing under the Master Agreement and make it available to the ten cooperative members.

c. Supplier holds a contract with an individual Public Agency. The Public Agency contract does not contain any cooperative language and therefore other Public Agencies are not eligible to utilize the contract. Supplier would be required to match the lower pricing under the Master Agreement and make it available only to the individual Public Agency.

C. Economy Commitment. Supplier shall demonstrate the benefits, including the pricing advantage, of the Master Agreement over alternative options, including competitive solicitation pricing and shall proactively offer the terms and pricing under the Master Agreement to Public Agencies as a more effective alternative to the cost and time associated with such alternate bids and solicitations.

D. Sales Commitment. Supplier shall market the Master Agreement through Supplier’s sales force or dealer network that is properly trained, engaged and committed to offering the Master Agreement as Supplier’s primary offering to Public Agencies.

E. Branding. The supplier may utilize the Bergen County Seal, the name New Jersey Cooperative Purchasing Alliance #CK04, the Logo of the New Jersey Cooperative Purchasing Alliance (when available) in any and all marketing material in support of the master agreement. The supplier will receive a copy of the awarding resolution, master agreement, and the appropriate paperwork for new agencies to join the cooperative. The County of Bergen shall not deny membership to a prospective member without due process and cause.

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