121-09 - Resolution - Interlocal Agreement with State of WA Dept. of General Administratin for Purchasing CooperativeIntroduced b y:
Requested by:
Drafted by:
Introduce d:
Adopted:
RESOLUTION NO. 121-09
City Clerk
City Clerk
City Clerk
December 8 , 2009
Decembe r 8, 2009
A RESOLUTION OF THE CITY OF PORT ORCHARD,
WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE
INTERLOCAL AGREEMENT FOR PURCHASING
COOPERATIVE PROGRAM WITH STATE OF
WASHINGTION, DEPARTMENT OF GENERAL
ADMINISTRATION
WHEREAS, the City has historically participated in the State's Purchasing
Cooperative Program; and
WHEREAS, the current Interlocal Agreement with State of Washington,
Department of General Administration expires on December 31, 2009; and
WHEREAS, historically, the City has entered into a two-year contract for a total
contract amount of $2,ooo; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
THAT: The Council authorizes the Mayor to execute an Interlocal
Agreement for the State's Purchasing Cooperative Program with State of
Washington, Department of General Administration (a copy of said
contract is attached and incorporated herein as Exhibit A) in a total
contract amount of $2,000. The contract shall commence January 1,
2010 and end on December 31, 2011.
PASS ED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested by the Clerk in authentication of such passage this 8th da f December oog.
State of Washington
DEPARTMENT OF GENERAL ADMINISTRATION
Office of State Procurement
Rm. 201 General Administration Building, P.O. Box 41017
Olympia, Washington 98504-1 017
(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 (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
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
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)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
6 ORIGINAL
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:
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
Emai I Address: themayor@cityofportorchard. us
City Contract No. 1 0-001
Purchasing Cooperative Prog ram
Page 4 o f 6
Secondary Contact: Patti Kirkpatrick, City Clerk
Email Address: pkirkpatrick@cityofportorchard.us
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 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 · e Schedule bove is true and correct.
ember ~ ii Signature: +IK/cfl
Sig nature
/ //
Prin ame : Lary Goppola, Mayor
216 Prospect Street
Port Orchard , WA 98366
360 .876.4407
Themayor@cityofportorchard . us
Date
City Contract No. 10-001
Purchasing Coop e ra tive Pro gram
Page 5 o f 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 o n fil e)
Your assigned Co -op member number is 'Z-l~ 0 Z-P lease
provide this number to vendors when ordering from cont ra c t s o r
commun icating with OSP .
OSP AUTHORIZED SIGNATURE
Date : 1 '2..( rz.klO 1
C ity Con tract No. 10-001
Purch as ing Coo p erative Program
Page 6 o f 6