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HomeMy WebLinkAbout4484 Contract Number: Vendor: Subject: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Corrunents: 4484 COURTS - ADMINISTRATIVE OFFICE OF (WA STATE) Purchase - Information Technology Info Services LEG 12-1 04/19/2005 06/15/2010 IAA05839 Review date for tracking original Agreement Subsequent Agreements are for purchase/reimbursement of specific equipment Purchase Reimbursement Agreement between The Washington State Administrative Office of the Courts and the City of Bremerton Municipal Court AOC Information Technology Primary Purchase Agreement (ITPPA) Number: L\.,-\05839 Purchase Reimbursement Agreement (PRA) Number: PRA06001 1. Purpose This PRA Number PRA06001 is executed by the Washington State Administrative Office of the Courts (AOC) and the City of Bremerton, Municipal Court (CUSTOMER) pursuant to the terms and conditions ofITPPA Number L-\A05839. The parties acknowledge they have read and understand the terms and conditions therein. All rights and obligations of the parties shall be subject to and governed by the terms of the ITPPA. This PRA sets forth the obligations of the parties with respect to AOC's reimbursement to the CUSTOMER of funds which have been expended by the CUSTO:NIER for purchase of 8 desktop computers and 1 laser printer. 2. Term and Termination The term of the PRA is effective upon the date of execution by both parties through Tuesday, February 28, 2006, unless extended or terminated upon written notification to the other party. 3. Responsibilities 3.1. The AOC will: 3.1.1.Provide funds to reimburse the CUSTOMER for costs associated with the purchase of 8 desktop computers and 1 laser printer pursuant to Subsection 3.2 below. 3.1.2.Provide specifications for the equipment covered by this agreement. The funding provided by AOC shall be only at the level required for the purchase of the equipment precisely meeting the provided specifications and no more. Those specifications are set forth in attached exhibits covering this equipment. Should the CUSTOi\IER acquire equipment that exceeds the provided specifications, the CUSTOi\1ER shall be responsible for that portion of the acquisition costs associated with those aspects of the equipment which exceeds the specification. 3.2. The CUSTO:NIER will: 3.2. 1.Purchase, install, and maintain the equipment purchased under this PRA, including providing network connectivity to the new equipment as needed. This PR.A. will not cover the cost of replacing existing equipment, nor the cost of utilizing existing equipment's network connection. It is possible that a new network line may need to be installed by the CUSTO:NIER to provide connectivity to the equipment covered by this PRA.. 3.1.2.Be responsible for all costs not reimbursed by the AOC pursuant to Subsection 4 below. 3.1.3.Submit invoices to the AGC pursuant to Subsection 5 below. 3. 1.4.Submit, with the invoice, a completed copy of the exhibit supplying the specifications of the purchased equipment in the last column. 4. Reimbursement Amount The AOC will reimburse the CUSTOMER $1,250 for each desktop computer and $300 for each laser printer, for a total of $1 0,300.00, which amount shall include any tax and shipping costs incurred by the CUSTOi\fER. 5. Billing/Invoicing Billing/invoicing will be in accordance with procedures outlined in the above-referenced ITPPA (L-\A05839) and additional terms and conditions listed below. 6. Treatment of Assets and Property CUSTOi\fER shall be the owner of any and all fixed assets or personal property joindy or cooperatively, acquired, owned, or disposed of pursuant to this PRA. 7. Modifications/Changes This PRA may be modified at any time upon mutual written agreement of the parties. All such modification will be made as an amendment to the PM and will take precedence over the original PRA. 8. Order of Precedence If there is a conflict between this PRA and the above-referenced ITPPA, the conflict will be resolved by giving precedence first to this PM and then to the ITPP A. 9. PRA Management Unless otherwise indicated, all correspondence regarding this PR.-\. should be directed to: Primary Contact Title Agency/Division Address CUSTO:NIER Bill Ele IT :Mana r Bremerton Municipal Court 345 6th Street, Suite 600 Bremerton, W~-\. 98337-1873 AOC Christine Winslow Infrastructure Pro.ect Coordinator Administrative Office of the Courts 1206 Quince St SE PO Box 41170 Olympia, WA 98504-1170 360 705-5249 360 586-8869 Christine.WUlslow@courts.wa. v Phone FAX E-mail 360-473-5293 360-473-5470 bill.ele @ci.bremerton.wa.us 10. Authorization/Acceptance This PR.-\. and the underlying ITPP A constitute the entire agreement between the parties and supersedes all other communication, written or oral, related to the subject matter of the PR.-\.. Execution of this PR.-\. by both parties constitutes an addendum to the underlying ITPPA, which remains in full force and effect, except as may be specifically modified and agreed to between the parties within this PR.-\.. The parties hereby acknowledge and accept the terms and conditions of this PR.-\.. AGREED: STATE OF WASHINGTON ADMINISTR..-\. TIVE OFFICE OF THE COURTS Bremerton Municipal Court Contracts Manager Tide s;gru.~l~ ~ ~)Oq "05 W l'-L lAM (LE:"l IT MANfIC-al ~~ ~y~ John Lynch Tide ). ...' ~ PURCHASE REIMBURSEMENT AGREEMENT Between THE WASHINGTON STATE ADMINISTRATIVE OFFICE OF THE COURTS and the CITY OF BREMERTON AOC Information Technology Primary Purchase Agreement Number (ITPP A): IAA05839 Purchase Reimbursement Agreement Number: 05-1 1. Purpose This Purchase Reimbursement Agreement Number 05-1 (PRA) is executed by the Washington State Administrative Office of the Courts (AOC) and the City of Bremerton (CUSTOMER) pursuant to the terms and conditions of Information Technology Primary Purchase Agreement Number IAA05839 (ITPP A). The parties acknowledge they have read and understand the terms and conditions therein. All rights and obligations of the parties shall be subject to and governed by the terms of the ITPP A. This PRA sets forth the obligations of the parties with respect to AOC's reimbursement to the CUSTOMER of funds to be expended by the CUSTOMER for purchase of one laptop computer. 2. Jurisdictional Entity, Division or Department Acquiring Information Technology Equipment City of Bremerton 3. Term and Termination The term of this PRA is effective upon the date of execution by both parties through April 30, 2005, unless extended or terminated upon written notification to the other party. 4. Responsibilities 4.1 The AOC will: 4.1.1 Provide funds to reimburse the CUSTOMER for costs associated with the purchase of one laptop computer pursuant to Subsection 4.2 below. 4.1.2 Provide specifications for the laptop computer. The funding provided by AOC shall be only at the level required for the purchase of the laptop computer precisely meeting the provided specifications and no more. Those specifications are set forth in Exhibit "A" attached. Should the CUSTOMER acquire a laptop computer which exceeds the provided specifications, the CUSTOMER shall be responsible for that portion of the acquisition costs associated with those aspects of the equipment which exceed the specifications. 4.2 CUSTOMER Responsibilities: 4.2.1 Purchase, install, and maintain the equipment purchased under this PRA; including providing network connectivity to the new equipment purchased under this PRA as it will not replace an existing printer nor utilize its network connection. It is possible that a new network line may need to be provided for this new printer. 4.2.2 Be responsible for all costs not reimbursed by the AOC pursuant to Subsection 5 .. ~ ., below. 4.2.3 Submit invoices to the AOC pursuant to Subsection 6 below. 5. Reimbursement Amount AOC will reimburse CUSTOMER $1,600.00 for the laptop computer, which amount includes any tax and shipping costs incurred by the CUSTOMER. 6. Billing/Invoicing Billing/invoicing will be in accordance with procedures outlined in the above referenced ITPP A and additional terms and conditions listed below. 7. Modifications/Changes This PRA may be modified at any time upon mutual written agreement of the parties. All such modifications will be made as an amendment to the PRA and will take precedence over the original PRA. 8. Order of Precedence If there is a conflict between this PRA and the ITPP A, the conflict will be resolved by giving precedence first to this PRA and then to the ITPP A. 9. PRA Management Unless otherwise indicated, all correspondence regarding this PRA should be directed to: Primary CUSTOMER Contact Name: Jonna Koe .V\Mh~ ~..~ Admini ator :::L'\ H~-\-; Agency/Division: CitY- Bremerton c.. ~ Q ~ . ~ G, Address: .2 4th Street 3<t-5 b1k S-r } s~. ~ 00 (~1=- Brernerton,~A 98337-~ (boW) 47S 3989 ('2>bO) 4 /3.-5'2....'1 ~ 0fiO) 472 52~ (3"0) 4-,5-5~10 cJh .J9nn~-6chn@ei.brem.c1.tvil.wa.ns ~71l\.e..\~I..(@c..L.b-teM.! . f'M.. c ) .wo..,\J;. Phone: FAX: Email: Primary AOC Contact Name: Christine ~inslow Infrastructure Project Coordinator Administrative Office of the Courts 1206 Quince Street SE PO Box 41170 Olympia, ~ A 98504-1170 (360) 705-5249 (360) 586-8869 Christine.~inslow@courts.wa.gov Address: Phone: Fax: E-mail: 10. Authorization/Acceptance This PRA and the underlying ITPP A constitute the entire agreement between the parties and supersedes all other communication, written or oral, related to the subject matter of this PRA. Execution of this PRA by both parties constitutes an addendum to the underlying ITPP A, which remains in full force and effect, except as may be specifically modified and agreed to between the parties within this PRA. The parties hereby acknowledge and accept the terms and conditions of this PRA. ~ ,) 'J AGREED: STATE OF WASHINGTON CITY OF BREMERTON ADMINISTRATIVE OFFICE OF THE COURTS .~.;4~ ~ JJ~ ~ ?tgnature (J ate Signature JohnLynch\A1IU-\~ ~ Contracts Manager Tide :I:I N A;-tJ A-C,,-t~ Tide 5/06 {OS Date . I j IAA05839 INFORMATION lECHNOLOGY PURCHASE PRIMARY AGREEMENT BETWEEN THE STAlE OF WASHINGTON ADMINISTRATIVE OFFICE OF THE COURTS AND THE CITY OF BREMERTON 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 Bremerton, 239 4th Street, Bremerton, Washington 98337-1875, hereinafter referred to as the "CUSTOMER." \ 2. PURPOSE AOC is authorized under Chapters 2.56 and 2.68 RCW and the Judicial 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 ITPP A as the authority for executing the PRA and will indicate that the PRA is executed pursuant to the terms and conditions of this ITPP A. 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. 1 J " 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 pennitted 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 inust 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 lERMINATION 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 authorized 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 authorized 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 2 ; ./ 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 joindy 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 parries hereto. As an alternative to this process, either of the parries 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 terms 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 3 .. 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 parries. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parries hereto. CONTRACT MANAGEMENT The program manager for each of the parries 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: Jonna Koehn, Administrator, 239 4th Street, Bremerton, Washington 98337-1875, (360) 478-5989,Jonna.Koehn@ci.bremerton.wa.us. IN WITNESS WHEREOF, the parries have executed this Agreement. CITY OF BREMERTON JJ1~A~ ~ I:r K.w~ SignaM~/Tide { ~ ~I//o! Date , STATE OF WASHINGTON ADMINISTRATIVE OFFICE OF THE COURTS ~. %-4 J~ Lynch, Con,",cts Manager ~., /~ Date APPROVED AS TO FORM ONLY BY: CITY ATTORNEY ~Ol1ICE If ~;~ry igna Tide ~ ~;:, tS' ~ , Date APPROVED AS TO FORM ONLY BY: STAlE OF WASHINGTON OFFICE OF THE ATTORNEY GENERAL James K Pharris, Assistant Attorney General 4