HomeMy WebLinkAbout2010-WPC-005 Interlocal Agreement I •
State of Washington
DEPARTMENT OF GENERAL ADMINISTRATION
Office of State Procurement
Rm. 201 General Administration Building, P.O. Box 41017
Olympia, Washington 98504-1017
(360) 902-7400 http:llwww.ga.wa.gov
STATE OF WASHINGTON
INTERGOVERNMENTAL
AGREEMENT FOR
STATE PURCHASING COOPERATIVE
Pursuant to Chapter 43.19 RCW, Chapter 39.34 RCW and WAC 236-49-060, the State of Washington, Department of General
Administration, Office of State Procurement, ("Office of State Procurement" or"OSP"),and ANACORTES CITY OF ("Cooperative
Member")agree to enter into this Intergovernmental Agreement("Agreement"),for the purpose of the Cooperative Member
participating in the State Purchasing Cooperative Program ('Cooperative") under the following terms and conditions:
1) Washington State political subdivisions(e.g. local governments and school districts) and public benefit nonprofit
corporations are eligible for membership in the Cooperative and must be subject to audit by Washington State
Auditor's Office (SAO). Offices, departments, divisions, or other sub-units ("subdivisions")within Washington State
political subdivisions and public benefit nonprofit corporations may join the Cooperative. However,the subdivision's
membership fee will be assessed at the rate of the associated Washington State political subdivision or public benefit
nonprofit corporations.Washington state agencies and their subdivisions are automatically Cooperative Members and
do not need to apply for membership or pay a membership fee.
2) The Office of State Procurement is required to recover the costs of administering the State Purchasing Cooperative
Program from Cooperative Members. The Membership Fee Schedule below sets forth the fee structure for
Cooperative Members,which are not Washington State agencies. The Membership Fee Schedule is based on the
Cooperative Member's total expenditures, less debt service and inter-fund transfers, as reported in the Cooperative
Member's last audited financial statement.
3) The term of this Agreement and Cooperative membership is January 1, 2010 through December 31,2011.This
Agreement may be canceled in writing by either party. However; if the Cooperative Member has used state contracts
during the current membership period;the Cooperative Member remains liable to pay any unpaid balance of the
membership fee for the entire term. Fees are not based on the level of contract usage. Refunds will not be given to
members due to lack of contract usage.
4) The Office of the Superintendent of Public Instruction (OSPI)financial reporting information will be used to verify fee
amounts for public school districts, and Educational Service Districts. (ESD's).
5) Any Cooperative Member not reported in the OSPI or State Auditor's financial reporting information, must submit a
copy of its most recent audited financial statements to OSP upon request.When a Cooperative Member does not have
audited financial statements,the Cooperative Member shall provide internal budgets or financial statements. Once
membership fees are verified through such authoritative sources, OSP will issue quarterly invoices for remittance
due and payable within 30 days of receipt or due date shown on invoice whichever is sooner.After initial verification
and at the beginning of each calendar quarter thereafter, invoices will be sent via electronic mail to the contact listed
below.
6) This executed Agreement entitles the Cooperative Member access to state contracts for goods and services as viewed
on www.ga.wa.gov. Cooperative Members may only access Western States Contracting Alliance(WSCA)contracts
where Washington is the lead state, or has a signed a participating addendum (PA). Cooperative Members are not
authorized to enter into separate WSCA participating addenda with vendors. Cooperative Members are also entitled to
use Oregon Purchasing Contracts,
7) If a Washington State political subdivision or public benefit nonprofit corporation or a subdivision thereof that is not a
current Cooperative Member is found to have used a state contract,WSCA contract, or Oregon Purchasing Contract;
that Washington State political subdivision or public benefit nonprofit corporation shall be liable for payment of a full
year membership fee. Failure to pay such fee may be reported to the State Auditor's Office and result in audit findings
against the entity.
8) The Office of State Procurement, in contracting on behalf of the State of Washington for the purchase of goods and
services according to the laws and regulations governing such purchases, agrees to also contract on behalf of the
Cooperative Member,to the extent permitted by law. The Cooperative Member accepts responsibility for compliance
with any additional laws and regulations applicable to the Cooperative Member,
9) The Office of State Procurement agrees to comply with its statutory requirements regarding notice for bids or
proposals for goods or services subject to this Agreement, and will either: a) post the bid or solicitation notice on a web
site established and maintained by OSP for the purposes of posting public notice of bid or proposal solicitations, or b)
provide an access link on the State of Washington's web portal to the notice,
10) When the Office of the State Procurement has entered into a contractual agreement for the purchase of goods or
services on behalf of Cooperative Member, the Cooperative Member may purchase goods and services covered by
the contract on the same terms and conditions as the State of Washington, except that the contractor has the right to
modify payment terms based on its credit assessment of the Cooperative Member. Purchases by the Cooperative
Member may be made by a purchase order issued by the Cooperative Member to the contractor. The Cooperative
Member is solely responsible for payment for any goods and services it purchases under contracts pursuant to this
Agreement or services it purchases directly from OSP. The Cooperative Member agrees to be responsible for limited
contract monitoring related to their use of these contracts.
11) The Cooperative Member reserves the right to contract independently for the purchase of any particular class of goods
or services,with or without notice being given to OSP,
12) In the event that either the Office of the State Procurement or the Cooperative Member is abolished,this Agreement
shall continue in operation as to any entity succeeding to the powers and duties of the abolished party, except as
canceled or modified by operation of law.
13) The Cooperative Member agrees to use only those OSP,WSCA, or Oregon Purchasing contracts authorized under
the terms of this Agreement and to comply with those contracts'terms and conditions. The Cooperative Member
further agrees that all purchases from OSP,WSCA,or Oregon Purchasing contracts will be made only for the direct
use of the Cooperative Member's programs and no purchases will be made on behalf of or for the use of other entities
or jurisdictions.
14) it is not the intention of the parties, nor shall this Agreement be interpreted,to create a separate legal entity for the
performance of this Agreement. Instead, the Office of State Procurement shall be responsible for administering this
Agreement.
15) In accordance with RCW 39.34.040;the Cooperative Member shall be responsible for filing the executed copy of this
Agreement with its county auditor's office, or filed in such manner as required by law,to meet public disclosure
requirements.This may include listing on the Cooperative Member's internet site or any other electronically retrievable
public source.
16) By its signature below, the Office of State Procurement confirms it approves of this Agreement as required by RCW
39.34.050 and it is authorized to enter into this Agreement pursuant to RCW 39.34.030 and RCW 39,34.080.
Similarly, by its signature below,the Cooperative Member confirms it is authorized to enter into this Agreement
pursuant to RCW 39.34.030 and RCW 39.34.080.
17) PAYMENT and NOTICES: Payment shall be made to OSP at the address provided below. Further, any notice,
demand or other communication required or permitted to be given under this Agreement shall be made to the parties
at the addresses provided below. The Cooperative Member agrees to pay the membership fee as a part of this
Agreement. Late payments may be subject to statutory interest and collection related costs. First time Cooperative
Members joining after June 30th may have their fee prorated, if the member has not previously accessed state
contracts. Pro-rated fees will be based on 6-month intervals, January—June, June—December.
Mail the signed Agreement and payment to: State of Washington, OSP PAF-Non/Prof Fund:422 04 20 000214,
Room 303 General Administration Bldg., P.O. Box 41008, Olympia,WA 98504-1008
Cooperative Member contact information:
Contact Person to whom contract documents and related communications are to be mailed or faxed.
Cooperative Member Agency Name: City of Anacortes
Agency Federal TIN#: 91-61001227
Contact Name: Steve Hoglund
Address: PO Box 547
City, St.Zip Anacortes WA 98221
Phone Number: (360) 293-1906 Fax Number: (360)293-1928
Email Address: steveh@cityofanacortes.org
Secondary Contact: Name: Tori Wyman Email: Toriw@cityofanacortes.org •
Two-Year Membership Fee Schedule
Note: Total expenditures listed below are minus of debt service and inter-fund transfers
Annual Annual Two-Year Verified
expenditures expenditures of Membership Fee Level
of more than less than Fee
$0.00 $3,000,000 $400
$3,000,001 $7,500,000 $1,000
$7,500,001 $30,000,000 $2,000
$30,000,001 $68,000,000 $4,000
$68,000,001 $90,000,000 $6,000
$90,000,001 $150,000,000 $8,000
$150,000,001 and over $10,000
According to the most recent authoritative information;ANACORTES CITY OF, your annual operating
expenditures were$29115919 making your two-year fee$2000.
The undersigned has read, understands and agrees to the terms and conditions of this Agreement, certifies that
he/she is the Authorized Signatory for the Cooperative Member, and certifies under penalty of perjury under the
laws of Washington State that the verified expenditure in the Membership Fee Schedule above is true and
correct.
Cooperative Member Authorized Signature:
t l
Signature: (O ,_ -)/✓1. Date Signed: 2-4 1 ��
Print Name: H. Dean Maxwell Title: Mayor
Address (if not the same as above):
Phone Number(s): (360)293-1900 •
FOR OSP USE ONLY(Completed by OSP,this page will be returned to you in executed copy)
Approved as to form: AAG Date: 10/16/2009(signature on file)
Your assigned Co-op member number is . Please provide this number to vendors when ordering from
contracts or communicating with OSP.
OSP AUTHORIZED SIGNATURE
Verification Used:
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