HomeMy WebLinkAboutIAA05853 Interlocal Agreement IAA05853
INFORMATION TECHNOLOGY PURCHASE PRIMARY AGREEMENT
BETWEEN
THE STATE OF WASHINGTON
ADMINISTRATIVE OFFICE OF THE COURTS
AND THE
CITY OF ANACORTES
•
1. PARTIES
THIS AGREEMENT is made and entered into by and between the State of Washington
Administrative Office of the Courts, hereinafter referred to as "AOC," and the City of
Anacortes, 1218 24th Street, Anacortes, Washington 98221, hereinafter referred to as the
"CUSTOMER."
2. PURPOSE
AOC is authorized under Chapters 2.56 and 2.68 RCW and the Judici ] Information System
Committee Rules to provide an adequate level of automated services to the judiciary of the state
of Washington. This Information Technology Purchase Primary Agreement (ITPPA) sets out
the terms and conditions under which AOC will provide information system technology to the
CUSTOMER.
3. STATEMENT OF WORK
3.1. CUSTOMER and AOC will execute a Purchase Reimbursement Agreement (PRA)
hereunder on each occasion when the AOC has determined that an information
technology equipment purchase/reimbursement needs to be undertaken for one of the
CUSTOMER's court systems.
3.2. Each such PRA will specifically reference this ITPPA as the authority for executing the
PRA and will indicate that the PRA is executed pursuant to the terms and conditions of
this ITPPA.
3.3. The PRA will describe in adequate detail the equipment to be purchased, including the
specifications for each type of equipment to be purchased and the number of units of
each type of equipment to be purchased.
3.4. The PRA must clearly describe a deadline, or deadlines, as the case may be, for the
CUSTOMER to purchase the equipment and to submit an invoice for reimbursement
to the AOC. Reimbursement will be disallowed for failure to submit an invoice before
the expiration of the deadline set forth.
3.5. The PRA will detail the maximum amount reimbursable from the AOC to the
CUSTOMER per unit of equipment to be purchased. The funding provided by AOC
shall be only at the level required for the purchase of equipment precisely meeting the
specifications provided, including the number of units of each type of equipment, and
no more. Should the CUSTOMER acquire equipment which exceeds the provided
specifications or a greater number of units of equipment permitted by the PRA, the
CUSTOMER shall be responsible for that portion of the acquisition costs associated
with those aspects of the equipment which exceed either the specifications or the
number of units.
3.6. CUSTOMER shall submit a State of Washington Invoice Voucher (Form A19-1A) to
the AOC for reimbursement in accordance with the amounts allowed in the respective
PRA. The invoice must detail the costs for which the CUSTOMER is seeking
reimbursement. Supporting documentation, including the purchased equipments'
specifications and a copy of the invoice from the vendor of the purchased equipment,
must be attached to the Invoice Voucher.
PERIOD OF PERFORMANCE
This Agreement is effective on the date of execution by both parties and remains in full force and effect
until terminated by either party in accordance with the TERMINATION provisions herein.
RECORDS MAINTENANCE
The parties to this Agreement shall each maintain books,records, documents and other evidence which
sufficiently and properly reflect all direct and indirect costs expended by either party in the performance
of the service(s) described herein. These records shall be subject to inspection, review or audit by
personnel of both parties, other personnel duly authori7ed by either party, the Office of the State
Auditor, and federal officials so authorized by law. All books, records, documents, and other material
relevant to this Agreement will be retained for six years after expiration and the Office of the State
Auditor, federal auditors, and any persons duly authorized by the parties shall have full access and the
right to examine any of these materials during this period.
INDEPENDENT CAPACITY
The employees or agents of each party who are engaged in the performance of this Agreement shall
continue to be employees or agents of that party and shall not be considered for any purpose to be
employees or agents of the other party.
AGREEMENT ALTERATIONS AND AMENDMENTS
This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be
binding unless they are in writing and signed by personnel authori7ed to bind each of the parties.
TERMINATION
Either party may terminate this Agreement upon 30 days'prior written notification to the other party. If
this Agreement is so terminated, the parties shall be liable only for performance rendered or costs
incurred in accordance with the terms of this Agreement and any PRA prior to the effective date of
termination.
TERMINATION FOR CAUSE
If for any cause, either.party does not fulfill in a timely and proper manner its obligations under this
Agreement, or if either party violates any of these terms and conditions,the aggrieved party will give the
other party written notice of such failure or violation. The responsible party will be given the
opportunity to correct the violation or failure within 15 working days. If failure or violation is not
corrected, this Agreement may be terminated immediately by written notice of the aggrieved party to
the other.
DISPUTES
In the event that a dispute arises under this Agreement,it shall be determined by a Dispute Board in the
following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The
members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute
Board shall review the facts, agreement terms and applicable statutes and rules and make a
determination of the dispute.The determination of the Dispute Board shall be final and binding on the
parties hereto. As an alternative to this process, either of the parties-may request intervention by the
Governor,as provided by RCW 43.17.330,in which event the Governor's process will control.
GOVERNANCE
This Agreement is entered into pursuant to and under the authority granted by the laws of the state of
Washington and any applicable federal laws. The provisions of this Agreement shall be construed to
conform to those laws.
In the event of an inconsistency in the terms of this Agreement, or between its terns and any applicable
statute or rule,the inconsistency shall be resolved by giving precedence in the following order:
a. .Applicable state and federal statutes and rules;
b. Statement of work;and
c. Any other provisions of the agreement,including materials incorporated by reference.
ASSIGNMENT
The work to be provided under this Agreement, and any claim arising thereunder,is not assignable or
delegable by either party in whole or in part, without the express prior written consent of the other
party,which consent shall not be unreasonably withheld.
WAIVER
A failure by either party to exercise its rights under this Agreement shall not preclude that party from
subsequent exercise of such rights and shall not constitute a waiver of any other rights under this
Agreement unless stated to be such in a writing signed by an authorized representative of the party and
attached to the original Agreement.
--------------------
SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be
held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given
effect without the invalid provision,if such remainder conforms to the requirements of applicable law
and the fundamental purpose of this agreement,and to this end the provisions of this Agreement are
declared to be severable.
ALL WRITINGS CONTAINED HEREIN
This Agreement contains all the terms and conditions agreed upon by the parties. No other
understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to -
exist or to bind any of the parties hereto.
CONTRACT MANAGEMENT
The program manager for each of the parties shall be responsible for and shall be the contact person
for all communications and billings regarding the performance of this Agreement.
The Program Manager for AOC is: Christine R. C. Winslow, Infrastructure Project Coordinator, 120
Quince Street SE, PO Box 41170, Olympia, Washington 98504-1170, (360) 705-5249, or her
successor.
The Program Manager for the CUSTOMER is:Donna Ferrario,Administrator, 1218 24th Street,
Anacortes,Washington 98221, (360) 293-1913,donnaf@cityofanacortes.org.
IN WITNESS WHEREOF, the parties have executed this Agreement.
STATE OF WASHINGTON
CITY OF ANACORTES ADMINISTRATIVE OFFICE
OF THE COURTS
( w, "Vo
4/15'���
Signature/Tide Lynch, Con cts Ma ager
( des S,� 7c/ w
Date Date
APPROVED AS TO FORM ONLY BY: APPROVED AS TO FORM ONLY BY:
CITY A 1`1 ORNEY STATE OF WASHINGTON
A 1`1 ORNEY'S OFFICE OFFICE OF THE A 1"1 ORNEY GENERAL
James K. Pharris,Assistant Attorney General
Signature/Title
1A7/05-
Date
Contract Request Form
Directions: Fill in the requested information in the form below. Discuss issues as necessary with your
Division Director prior to submission. Email completed form to MSDContracts(l1courts.wa.aov .Please
allow three weeks for processing.
Item Description Place Response in this Column
1 Contractor's Name Anacortes,City of
2 Contractor's Address 1218 24th Street
Anacortes,WA 98221 _
3 Is this a New Contract or an Amendment to an New
Existing Contract? If an Amendment,what is the
Contract Number? _
4 Contact's Name Donna Ferrario,Administrator
5 Contact's Phone,Fax,Email (360)293-1913
6 Purpose of Contract Procure Computer(s),Laptop(s), and/or
Printer(s)for the January 2005 Equipment
Replacement Project.
7 Deliverables(if progress payments are to be made,list N/A
compensation amount after each deliverable)
8 Total Compensation N/A
8a If contract crosses fiscal years,what will be the N/A
estimated expenditure per year?
9 Method of Competition(sole source,informal N/A
competition,rfp,etc.)
10 Proposed Contract Start&End Dates February 1,2005 and no end date since
• this is an ITPPA.
11 Budget Number to be Charged 27140,but not required until the PRA is
written.
12 Is Contractor or Contractor's Employee Currently a N/A
State Employee or was a State Employee within the
Past Two Years?
13 Who at AOC will be Administering this Contract? Christine Winslow
14 Name and Phone Number of Person Filling out this Christine Winslow
Form (360)705-5249
15 Contractor Tax ID Number N/A
16 Other Things(optional) N/A
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