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HomeMy WebLinkAbout4741 Contract Number: 4741 Vendor: GENERAL ADMINISTRATION - DEPT OF (WA STATE) Subject: Purchasing - Cooperative Department: City Clerk File Class: LEG 12 -1 Begin Date: 01/01/2008 End Date: 12/31/2009 Review Date: 02/15/2011 Vault Date: 01/01/2011 Comments: New Agreement in process 12/09 . State of Washington DEPARTMENT OF GENERAL ADMINISTRATION Office of State Procurement Rm. 201 Genera/Administration Building, P.O. Box 41017 . Olympia, Washington 98504.1017 . (360) 902.7400 http://www.f!a.wa.gov STATE OF WASHINGTON INTERGOVERNMENTAL COOPERATIVE . PURCHASING AGREEMENT FOR PUBLIC AGENCIES PunJuant to Chapter 39.34 RCW and to other provisions of law, the State of Washington, Deparbnent of General Administration, Office of State Procurement, Purchasing and Contract Administration, (hereinafter called the "Office of State Procurement" or "OSPj, and the following named public agency, City of Bremerton (hereinafter called the "Cooperative member") bereby enter into this Intergovernmental Cooperative Purchasing Agreement (hereinafter called the "Agreement"), the purpose of which is for tmdertaking governmental pllrehasing activity that each party is authorized by law to perform, upon the following terms and conditions: (l) The Cooperative ,member must be an agency, Cooperative member, or unit ofloca1 government of Washington state. including. but not limited to, municipal corporations. qUBlli.municipal corporations, special purpose districts. and local service districtS; any agency ofWasbington state government; any agency of the United States; any Indian tribe recognized as such by the federal gOverwnent; and any Cooperative member of another state oftbe United States. (2) The Office of State Procurement, in contracting for the purchase of goods and services accon:Iing to the laws and regulations governing purchases by and on behalf of the State of Wa!:hingtnn, agrees to ~ on behalf of the Cooperative member, to the extent I*'J]1itted by law and agreed upon by both parties. The Cooperative member accepts responsibility for compliance with any additional laws und regulations govemingpul'thasos by or on bebalf of the Cooperative member. (3) The Office of State Procurement shall comply with its statutory requirements regarding notice for bids or proposals fur goods or services subject to this Agreement, and shall either post the bid or solicitation notice on a web sit0 established and maintained by OSP fur 1110 purposes of posting public notice of bid or proposel solicitations, or lIball provide an access link on the State of Wasbin2ton's web portal to the notice. (4) When the Office of the State Procurement has entered into a contractual agreement for the purebase of goods or services on behalf of Cooperative membeT (s), the Cooperative member may purchase goo& and services covered by tho contrsct on the sarne terms and conditions as the State of Washington, except that the contractor bas the right to modify payment terms based on their credit asses$D1el1t of the Cooperative member. Pnrcb8ses by the Cooperative member may be made by a purchase ardor issued by the Cooperative member to the state contractor. The Cooperative member accepts full responsibility for payment for any goods and services it purchases under contracts negotiated by OSP with private vendors or items it purchases directly from OSP. The Cooperative member au:cepts responsibility for contnu;t monitoring related to their use oftbese contraets. (S) The Cooperative member reserves the right to contract independently for the purchase of any particular class of goodS or $crvices. with or without notice being given to OSP. (6) This Agreement shall be efTeetive on the later oftbe two signatures dles appearing below, and shan continue in fim;e until cao~led in writing by either party. lof3 (7) In the event that either 1he Office of the State Procurement or the Cooperative member is abolished, this Agreement shall continue in operation as to any public agency succeeding to the powers and duties of1he abolished party, except as canceled or modified by operation of law. The Cooperative member may request a refund of unexpired membership exceeding three months, which may be approved by OSP at their discretion. (8) The Cooperative member agrees to use only contracts available to the Cooperative member and only in accordance with those contract terms and conditions. Tho Cooperative member further agrees that all purchases from OSP contracts will be made only for the direct use of the Cooperative member's programs (Ail covered by this agreement) and will not be made on behalf of other jurisdictions (Cooperative member"). (9) The Office of State Procurement is required by Chapter 236-49-060 WAC to recover the costs of administering the state purchasing cooperative program from all its members. The Membership Fee Schedule below sets forth the fee structure for Cooperative members that are not Washington State Agencies. which is based on the total expenditures less debt service and interfund transfers, as reported in the Cooperative metnber's last audited fimlncial sttltements. Tho Cooperative member sball be charged a membership fee based upon the self-declaration, as indicated by their signatory's initials in the first column of the Membership Fee Schedule below. The Cooperative member's self-dotermined membership fee is subject to change if not validated by OSP during its subsequent reviews. 'Jhig membership fee is due upon subSCribing for the first year of membership and by January 31 of the membership cycle. The membership term is January 1 II 2008 tbrough December 311;1 2009. The Coopentive member agrees to pay the membership fee as a part of this Agreement New tnembetships beginning after June 30 may be prorated and will be established at the discretion of OSP. (10) Membership fees are established ~ two years. The State Audito.ts' most recently published Local Government Comparative Statistit!3 report will be used to verify membership fee. Where a Cooperative member is not reported separately in that document, audited financial statements as published in tbe State Auditors' Wohsite will be used. The Superinttnd~ of Public Instruction (OSPl) web site will be used to verify fee issues for School Districts. The most recent audited :financial statement will be used as the authoritative source to resolve any issues re88fding the Annual Membe1'sbip Fee due ftom the Coopm\tive ntenibGr. .Any CQoperatiw member not reported in the OSPI or State Auditor's Websites, must submit a copy of its most recent audited financial slatemeots to OSP. When a member does not have audited financial stabmlents, the member sball provide internal budgets or financial statements to OSP ifrequcstcd. (1 I) In addition to accessing State contracts established by the Office of State Procurement, custom contracting and procurement services w:e available for an additional pt\'ldetennined fee. These include development of contracts and/or single I$(}uisitions that meet specific needs. Th~ cost for these optional services, typically a flat fee. is established at the time of .request. (12) It is not the inttntion of the parties, not shall tbis Agreement bel intcJpreted, to create a S0p81ilte legal eutity for the perfurmance of this Agreement. Instead, the Office of State Procurement shall be responsible for administering this Agreement. (13) The Cooperative member sball be responsible for filing a copy of this Agreement with its county auditor's office. (14) By its signature below. the Office of State Procurement confirms it approves of this Agreement 8S 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. (15) PAYMENT and NOTICES: Payment shall be made to OSP at the address given herein. Fmther, any notice, demand or other communication required or permitted to be given under this Contract shall be made to the parties at the addresse$ provided below. Mail: agreemCltt and Payment to: 200 State of Washington. OSP PAF-NonIProfFund: 422 0420000214, 303 General Administration Bldg., P.O. Box 41008, Olympia, W A 98504-1008 Coooerative member eon.aet information: Contact Penon (To whom contract documents aDd related communications are to be maUed or fued). Cooperative Member Name: Ci~ of Bremerton. WA Contact Name: Carol Etllen. Cl1y Clerk Address: 345 6111 Street Suite 600 City, St. Zip BJ'Cmerton. W~ 98337 Phone Number: (360) 473-5323 Federal Id#: 91-6001231 FAX Number: (360) 473-5200 EroaH Address: CaroI.Etgen@ci.Bremerton.wa.us Two-Year Membership Fee Schedule Note: Ell.nendttures below are net of debt service and inter-fund transfers Initial in box Annual expenditures Annual expenditures of Two-Year of more than less than Membership Fee $0.00 $3,000,000 $400 $3,000,001 $7,SOO,OOO $1,000 $1,500,001 $30,000,000 $2,000 $30,000,001 $68,000,000 $4,000 hd X $68,000,001 $90,000,000 $6,000 ,. -- $90,000,001 $150,000,000 $8,000 $150,000,001 and over $10,000 the Coopcmtive member attests that the expend' Cooperative member Authorized Signature: Name: Title: Address (ifnotthe same as above): Phone Number: Date Signed: d~{)- .J/~-,S .3~\3 ~/~/t)f FOR OSP USE ONLY (Completed by OSP, thfll page will be returned to you in executed copy) Approved as to furm: , AAG Date: 07/18107 (signature on file) OSP bas assigned you Co-op member number>~'8D1 "f'fi"'ir. Please provide this number when ordering from contracts or communicating with OSP. OSP AUTHORIZED SIGNATURE . 3of3