116-09 - Resolution - Interlocal Agreement with Department of Licensing for State Purchasing CooperativeIntroduced by:
Requested by:
Drafted by:
Introduced:
Adopted:
RESOLUTION NO. 116-09
City Treasurer
City Treasurer
City Treasurer
December 8, 2009
December 8, 2009
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON AUTHORIZING AN INTERLOCAL
AGREEEMNT BETWEEN THE STATE OF WASHINGTON
DEPARTMENT OF LICENSING AND THE CITY OF PORT
ORCHARD PURSUANT TO THE AUTHORITY GRANTED BY
CHAPTER 39·34 RCW.
WHEREAS, the Washington State Department of Licensing Master License Service
(MLS) provides a simplified application used to apply for many state licenses, registrations
and permits, and MLS provides a single, centralized, combined licensing process that covers
most State agency licenses and now includes city licensing as well; and
WHEREAS, the City of Port Orchard seeks to partner with the Department of
Licensing to provide an innovative simple process that allows a business applicant to choose
licenses applicable to them and file a Master Application with MLS, select all licenses for
which they are applying, total all the fees due in a single amount, and write a single check;
and allows internet payment capabilities as well as payment at City Hall; and
WHEREAS, the MLS issues a single "Registrations and Licenses" document, called
the "Master License", to the business location on behalf of the City of Port Orchard, and
MLS combined-license record for the business license includes a single expiration date for
that record; all the renewable licenses held by the licensee are set to expire on that common
expiration date; and
WHEREAS, the City of Port Orchard authorizes MLS to act as the City's agent for
business licensing activities, and to ensure that the City retains its full, lawful, regulatory
and approval authority over all business licensing activities within its jurisdiction; now,
therefore
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO
HEREBY RESOLVES AS FOLLOWS:
THAT: The Mayor of the City of Port Orchard is hereby authorized to sign
the Interlocal Agreement (a copy of said contract is attached and incorporated
herein as Exhibit A) between the State of Washington Department of
Licensing and the City of Port Orchard authorizing the Department of
Resolution No.n6-09
Page 2 of2
Licensing Master License Service to act as the City's agent for business
licensing activities for a period of five (5) years from the date of final
signature pursuant to the authority granted by Chapter 39.34 RCW.
PASS ED by the City Council of the City of Port Orchard, APPROVED by the Mayor
and attested by the Clerk in authentication of such passage this 8th day of December 2009.
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://www.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 City of Port Orchard
("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.
City Contract No. 10-001
Purchasing Cooperative Program
Page 1 of 6
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 (OS PI) 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
City Contract No. 10-001
Purchasing Cooperative Program
Page 2 of 6
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.
1 O)When the Office of the State Procurement has entered into a contractual
agreement for the purchase of goods or services on behalf of Cooperative
Meniber, 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)1n 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.
City Contract No. 10-001
Purchasing Cooperative Program
Page 3 of 6
15)ln 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:
Agency Federal TIN#:
Lary Coppola, Mayor
Contact Name:
216 Prospect Street. Port Orchard, WA 98366
Address:
Phone Number:360.876.4407 Fax Number: 360.895.9029
Email Address: themayor@cityofportorchard.us
City Contract No. 10-001
Purchasing Cooperative Program
Page 4 of 6
Secondary Contact: Patti Kirkpatrick, City Clerk
Email Address : pkirkpatrick@cityofportorchard.us
T wo -Yea r Membership Fee Schedule
Note : Total ex penditures listed below are minus of debt service and inte r-
fund transfers
Annual Annual Two-Year Verified
expenditures expenditures Membership Fee
of more than of less than Fee Level
$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 ; PT ORCHARD
CITY OF , your annual operating expenditures were $11 ,787,544
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 F Sche~du~ ve is true and correct.
erA ~"nature:
Signa tu re
Print N' me: Lary Coppola, Mayor
216 Prospect Street /
Port Orchard, WA 98366
36 0.8 76.4407
Th e mayor@cityofportorchard . us
City Clerk
Date
City Contract No. 10-001
Purch as ing Cooperative Program
Page 5 of 6
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: __________________ _
Name: _______________ ~-------
Title: _______________ Date: _____ _
City Contract No. 10-001
Purchasing Cooperative Program
Page 6 of 6