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Home My WebLink About5.902 Original Contract 5. qo~ ..' State of Washington DEPARTMENT OF GENERAL ADMINISTRATION Office of State Procurement Rm 201 General Administration Building, P.D. Box 41017. Olympia, Washmgton 98504-1017. (360) 902-7400 http://'Www ga wa gov STATE OF WASHINGTON INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT FOR PUBLIC AGENCIES Pursuant to Chapter 39.34 RCW and to other provisions of law, the State of Washington, Department of General AdmlllistratlOn, Office of State Procurement, Purchasing and Contract AdmimstratIon, (herelllafter called the "Office of State Procurement" or "OSP"), and the following named public agency, City of Port Angeles (hereinafter called the "Cooperative member") hereby enter into this Intergovernmental Cooperative Purchasing Agreement (hereinafter called the "Agreement"), the purpose of which IS for undertaking governmental purchasing activity that each party is authorized by law to perform, upon the following terms and conditions: (1) The Cooperative member must be an agency, Cooperative member, or unit of local government of Washington state including, but not limited to, municipal corporations, quasi-municipal corporations, special purpose diStriCtS, and local service districts; any agency of Washington state government; any agency of the United States; any Indian tribe recognized as such by the federal government; and any Cooperative member of another state of the United States. (2) The Office of State Procurement, in contracting for the purchase of goods and services according to the laws and regulations governing purchases by and on behalf of the State of Washington, agrees to contract on behalf of the Cooperative member, to the extent permitted by law and agreed upon by both parties. The Cooperative member accepts responsibility for compliance with any additIOnal laws and regulations governing purchases by or on behalf of the Cooperative member. (3) The Office of State Procurement shall comply with its statutory reqUirements regarding notice for bids or proposals for goods or services subject to this Agreement, and shall either 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 shall provide an access link on the State of Washington's web portal to the notice. (4) 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 (s), 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 their 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 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 accepts responsibility for contract monitorlllg related to their use of these contracts. (5) 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. (6) This Agreement shall be effective on the later of the two signatures dates appearing below, and shall continue III force untIl canceled in writing by either party. lof3 (7) 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 public agency succeeding to the powers and duties of the abolished party, except as canceled or modified by operation oflaw. 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. The Cooperative member further agrees that all purchases from OSP contracts will be made only for the direct use of the Cooperative member's programs (as 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 Washmgton State Agencies, which is based on the total expenditures less debt service and interfund transfers, as reported in the Cooperative member's last audited financial statements. The Cooperative member shall 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-determined membership fee is subject to change if not validated by OSP during its subsequent reviews. This 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 151 2008 through December 31512009. The Cooperative member agrees to pay the membership fee as a part of this Agreement. New memberships beginning after June 30 may be prorated and will be established at the discretion of OSP. (10) Membership fees are estabhshed every two years. The State Auditors' most recently pubhshed Local Government Comparative Statistics 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 the State Auditors' Website will be used. The Supenntendent of Public Instruction (OSPI) 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 regarding the Annual Membership Fee due from the Cooperative member. .Any Cooperative member not reported in the OSPI or State Auditor's Websites, must submit a copy of its most recent audited financial statements to OSP. When a member does not have audited financial statements, the member shall provide internal budgets or financial statements to OSP if requested. (11) In addition to accessing State contracts established by the Office of State Procurement, custom contracting and procurement services are available for an additional predetermined fee. These include development of contracts and/or single reqUisitions that meet specific needs. The cost for these optional services, typically a flat fee, is established at the time of request. (12) 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 admmistering this Agreement. (13) The Cooperative member shall be responsible for filmg 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 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. (15) PAYMENT and NOTICES: Payment shall be made to OSP at the address given herein. Further, any notice, demand or other communication required or permitted to be given under this Contract shall be made to the parties at the addresses provided below. Mail: agreement and Payment to: 20f3 . State of Washington, OSP PAF-NonIProfFund: 422 0420000214, 303 General Administration Bldg., P.O. Box 41008, Olympia, W A 98504-1008 Cooperative member contact information: Contact Person (To whom contract documents and related communications are to be mailed or faxed). Cooperative Member Name: City of Port Angeles Contact Name. Glenn A. Cutler Address: 321 E 5th Street! P. a. Box 1150 City, St. Zip Port Angeles. W A 98362 Phone Number: 360-417 -4800 Federal Id #: 91-6001266 FAX Number: 360-417 -4542 Email Address:gcutler@cityofoa.us Two-Year Membership Fee Schedule Note: Ex enditures below are net of debt service and inter-fund transfers l\U;tlaltln.box5JSz Annual expenditures Annual expenditures of Two-Year .ffS^^ of more than less than Membership 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 The undersigned has read, understands and agrees to the terms and conditions ofthls agreement and this Authonzed Signatory for the Cooperative member attests that the expenditure levellDltialed 10 the Membership Fee Schedule above IS true and correct Cooperative member Authonzed Signature. Apphcant must provide an authonzed signature. Title. ~Lf.'1v7~ City Manager Mark E. Madsen Name. Address (If not the same as above): Phone Number: 360-417-4500 Same as above Date Signed: r;, 4t.t; ~ FOR OSP USE ONLY (Completed by OSP, this page will be returned to you in executed copy) Approved as to form: , AAG Date: 07/18/07 (signature on file) asp has aSSigned you Co-op member number, 2os-c.2.- ~ Please provide thiS number when ordering from contracts or commuDlcatmg with asp. Name 30f3 : 'AUG/211200S/THU 01: 50 PM WSDOT Stores I ~ - ,I : I'! '~h/36/200Wj O~2S PH , m S~or" I I' ' , , i ~ i . i ~(~' ..... : ' 1 b, ; :7:" 'ytilS hum" State: , , it .;1 J ~, b~)PB ~,nt of 1'tansportation i'I':!: J j I :'11',',:;: Mai nl: e a'nee AtI'l'Icy al'ld BIl~ns AddytlBl ii' 11 i City of Port .AngCtl!lS r J L.. A~rfe, , ent I ~ . Wor~ by SDOT , forJ>thet Sta (J, redellll. il:':,'"l" ..d Loc4.1 \l emmen"'l . ~9ohtiO* ~ II (Total C~t 0 AgrltBmant ; I t. ! May Not oee $$0,000 psr 1 ' l ~ ; " ; Yo~r) , I I. ; J ;'.' Oeller)ptlon ofW rk r- j ~averoent~ ga r~i i, It ~, l.~i ' '\t' FAX No, 3603572622 5. q tJc:L P, 002 FAX No, 3603572622 P.OOZ Aersllment Number TC8253 Contact Nlllm$/PnOntl # aJic Wheatley $0l)..912.0260 Nell Wens 3GQ..411-4822 . ! ~ ,1 , :1',;: I ! ~: : :): I I ~ i This Agre~~is l1\ad~ and o,ntel'cd mtQ by and betwoen t1w Washlustot1 Stato O~artm$At of , .~': , I 'r 1 Transp011a'llOl1, ereinafter 'the "WSDOT/I an,d the above named governmental a,genoy, hetei~et th~ : "~Jll .'ACBNCylt. ' ,- : :: !: 'I' fi , . ,WHE~~, AGBNCY hall )''eqw:sted and the 'WSDOl" has agreed to ~erform. certain wot'k as desl'rlbod :! f;' abo'Ve., : -1,:<; i NOW Olm. PW8UllUttQ QhaptcJ.r 39,34 RCWt IT IS I-IERHBY AGREED AS FOLLOWS: 1 '1 . ' ! : , 1. GENeRAL 2.2 The AG1J.lIJCY l!gt'6e!ltnpll.Ythe WSDOTfortho ' ,/1'1 ; Th~ ~~PSD II' IUl1'ees to per!onn the abo'V, e W01X done within thirf:y (30) (II~Yll !rom f$ctlpt of i'l I t.1 W -c.>" a WSDOr invoioe, ~i()h sh~l tnolud~ , I , ;! ~ ' ,d(\lI~~d W fie. \lstttg $la.ttllllbor, equipment and dOC1{ll18n~on snpporting tbe woi1\ <101'10. ' ,j 'r; , maiWl~8, a -requested by the AGENOY. '! '\ if' 1-.2 the APn Y agrees, 1n Clons!d~tion of dio , ' i r I I fllithfui. p ormang. of the Ilbove deaoribed l I WOrk~' bll~OI111 b)' the WS'DOT, t~ reimburse ! ' , ,. the DO for the ~tua1 diIe~t and related , · I I : lndire oo:te of thll work. Administl'!ltm il:! J.i. I },l', I, ~~ar,:~:Q~; ~Ul1'int :ra~ are QOIl8id~rad part,of :": :ll't~' " ,; I' '! ,-~~" I ! 2, PAYMl:NT ' : ' , ~.. ~ - t~ 2.1 ; I 'j( :' I' "I \.t!, . ! ,l ~l DOT ~Qfm:f~~i~'r i ~Il'~:' fv6t<< 0 I ~ I ; 1, - , : ' ; , F8dE1r~1 Tax 10 ~ EatilnatetC Cosw $15,000. " , ,< d . OO6t of th& work is _4 abovo. <<Sre~s to set 'aiido funds' for ~ WSPOT ill thia Ilmo\lnt. 2;3 If the AG)!NCY ie a oouno/ Or eity, the. AGBNCY asrees. that if it does not make - P4}'lhatlt llS pr<lviried undll1' the tllFmS of thI. Agreemetit, 1h~ AGENCY aUthol'iltBB th~, WSDOT to withhold.an'll Use a& pa~ent Motor VeW~l& Fund monies oredlted or to be Ofwted 10 1h6 AGENCY. 2,4 The AGBNCY agrees f1n1hedhll1: if pa;jnnent is not made to the WSOOT withill thirty (30) days t'tonl receipt ofWSOOT)s involcCl, tbo'WSDO'I may oharge lata fetes and/or interest in acoordanoe with WlUIlililgl:oI1 sto.tq taw. ' ,. &uPVf8vdVlll Provlouf Vorolon, · '1.:,~~Gj21/2008/THU 011: 50 PM WSDOT Stores ~'l I : I' ,I I ,. : I -Hl!30/2008Jlllj 03: 29 PM m ~~o'''. :I:: : 1 r ~ ' ~. I CRaAS~ IN COST . il'il II,!~ 3',1 tho p~I'B A-grK thapheestintat9d QOllt <lithe . .1' : i I.t work nlaY, ex~e$d$d by up ro ~%. b\ 'the fl 1: 1.:. I CWtlnt of 8\\ in~rC:l'IS.d COsts th$ parties Jl.8t'OO to ~; " ~~II' modit)<tbo Clstimatod' ~st ofw~rk bY'M:itten. : :" , ~~ mnencm,ont .izned b~ both puti.s, WSDOT , ii' ; ll~ 1 shall notify tho J\.<lENC1 of il1tftlallC:ld COllbJ lIS .'" ! ~I ! th&yb~ ~Qwn. [:~I "{ . /4. RlGHTOF2NTRY 'i r' 4.1 Thll A~:SN. grants to tho WSDO't Il. right Qf : ~, : Clntry ~~n n land in whioh th".AO:B.NCY has Ii : Interest! for the PUrpOSII of accomplishing tho , ,; , :worle d~scr1. M above. : 'f!. ].[:! s. TE MrNATION CLAUSE : ,i : 11 " (Ch'~~ th ApproprIate Sox Below) " , , I .:, J ~ 5.1 This Afar , t. will au1lomatiolllly torminato :1"'1 II i ,I ~ I' nv~ (S~ "I 1'a aftct datil of 'ex~QutiCllJ, This i!1 ,I ~l A8'feltl'mont ~ be teiminat~d by oither p~ 'I,j: '! \,~. up(ln ~ 30) dIlyud'WJl<lCdwrlttCl11noticeto i'! ; ,! .' 1~11 tbo Qtbpr., . In thCl OVlltlt of termination, ,(, j , " ., I l'Ia"""~ W 1 ~ mll4e by the .A.GB'NCY fer , ,'" If' ,y '",'''' , I; ~' 'l':'i~ l work leJt~ ,by tho ~SDOT Il9 M th~ ~ ,i I' "~1" . ~ffe da ooftomdnaticm. , . :- I ; f!t] 5.2 Thia A$reement will 1enninat, upon oomplotion ; ", I ' .' : ofthe~ork Gscribedhmin, . : i I'~; i , 'I J" \ '1 !', ~C , \ I :t 'Sj ( I I '. : '1:1. : I j i;! . 1 I : ; I f : I 1. il',!11 ill r\~1 III I" : .1' . II ,: 'i,' , 'I r,.1 ,1\ ~ I j' '. ; , ; I" I I Date: . ' I I '1 j;:: " , , . ~. I :~i! I PI, . I I' ' ,; J !I ;! J ,I.:, , :I't I 'f'~ : I : j .: , , ; 'I' I' , r It: ; , :i.1 i',I;'; ,11'1 'II' ' I: FAX No, 3603572622 p, 003 FAX No, 3603572622 P, 003 V. DISPU1S$ AND VENUE 6, r In the evellt tb.n.t B, dispute IL1'iSCIl& Uud!:r thia AgroOlncnt, it shaD'be roao1vecl 88 follQWs: The Wsporll Secretluoy of TwupottatiQn or gv9l8P~ and tho AGBNeyt. head Or delli8nee sl1all r6Viaw the applioable filets, contl'eot terms) 3tatut~ ~.;l ru1es aff~1b1g tho dispute to resol'Ve . tht ni~r. rt tho ~~ cannof t'e.I!I.ch a' ~$9lUt!~ the P~rtkl8 agroo that any !eSlI.l atition to ento~$ any tight ()r obligation. under 'thla Agre~rneDt :tnty only ~ 1>:t'QuSht in Th,n.ston Cl'l\lnt'Y Suportor Court. Tho Vlm11fI iJleotfied in this 51il01iOn ehall not apply to any todorAl a.~enoy tht is Il party to thj$ ~~enl ,.. ,MODIFICATION 7.1 'This Agreement m~ be lItnena~(l, by tho mutual 'agroon1Qnt of the ~I~. Suoh $ll~rq~nts 01' modiii~"tlon shall not be bll1dlllS un16S8. th6)' A1'& in Wrl'ting an.a sl8tled by p~~'OI1S lI.UthQrized fp bind each pa~, REOF, the parties heroto lulw ~eclit6d thiG Ag7:eIM:Il.SJ:lt as of the day and year last Title: . Au I 'this ABf"~nt WllS appl'Oved. as to form by AArJ Ann B. Salay on FebrUllry 7, 2008 , , . I ~OT'~~~1 I .. S'upofledoe preVIOUs Vor(l~u . State of Washington DEPARTMENT OF GENERAL ADMINISTRATION Office of State Procurement Rm 201 General Administration Building, P 0 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 PT ANGELES 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 aiven to members due to lack of contract usaae. 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. 7. 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 2 Room 303 General Administration Bldg P 0 Box 41008, Olympia, WA 98504 -1008 C000erative Member contact information: Contact Person to whom contract documents and related communications are to be mailed or faxed Cooperative Member Agency Name City of Port Anaeles Agency Federal TIN 91- 6001266 Contact Name Glenn A. Cutler Address 321 E stn Street/P.0 Box 1150 City, St. Zip Port Anaeles. WA. 98362 Phone Number: 360- 417 -4800 Fax Number 360- 417 -4542 Email Address' acutleracitvofoa us Secondary Contact: Name: Lucy Hanley Email Ihanlevacitvofoa 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 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; PT ANGELES CITY OF, your annual operating expenditures were $18,164,115.00 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 Signature Print Name Glenn A. Cutler Title: Director of Public Works Utilities Address Of not the same as above) Same as above Phone Number(s): 360- 417 -4800 Date Signed. 2- 1 b), 0 000214, ORIGINAL 2:q/2D10 ASSIGNMENT OF INTERGOVERNMENTAL AGREEMENT Amendment Number 1 to State of Washington Department of General Administration Intergovernmental Agreement Number 2010 -WPC -280 for Office of State Procurement State Purchasing Cooperative This Amendment Number 1 to Department of General Administration Intergovernmental Agreement Number 2010 -WPC -280 is made and entered by and between the State of Washington Department of General Administration, hereinafter referred to as "GA and City of Port Angeles hereinafter referred to as "COOPERATIVE MEMBER The purpose of this Amendment is to formally assign the Intergovernmental Agreement made on February 8, 2010 between GA and COOPERATIVE MEMBER, to the Washington State Department of Enterprise Services. WHEREAS, the Washington State Legislature passed Engrossed Substitute Senate Bill 5931 (ESSB 5931) consolidating all or portions of the Washington State Department of Information Services, Department of Personnel, State Printer, General Administration and the Office of Financial Management (Agencies); WHEREAS, the authority and funding for those Agencies has been withdrawn effective October 1, 2011; WHEREAS, the Washington State Legislature has created under ESSB 5931 which includes delegation of contracting authority, the Department of Enterprise Services hereinafter referred to DES; WHEREAS, the authority and funding for the continuation of Intergovernmental Agreement Number 2010 WPC -280 has been transferred to the DES; WHEREAS, the DES finds that it is in the best interest of the State of Washington to continue to conduct business with Cooperative Member under the terms and conditions of this Intergovernmental Agreement 2010 -WPC -280. Now therefore, DES and COOPERATIVE MEMBER agree that: 1. Effective October 1, 2011the Intergovernmental Agreement 2010 -WPC -280 is hereby assigned in all respects to DES. 2. By signing this Amendment, COOPERATIVE MEMBER hereby consents to this assignment. As assigned, said Agreement hereby amended so that wherever the name GA is used it shall mean DES. 3. Any and all payments made by COOPERATIVE MEMBER to GA shall be deemed to have been made to DES and shall discharge COOPERATIVE MEMBER from any further liability with regard to said payment. Further, the Intergovernmental Agreement is hereby modified: 3) Term of this Agreement and Cooperative membership is extended one (1) year through December 31, 2012. Either party may terminate this Agreement upon thirty (30) days written notification to the other party. However, if the Cooperative Member has used state contracts 1 l IT 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. 6) This executed Amendment entitles the Cooperative Member access to state contracts for goods and services as viewed on www.des.wa.gov. Cooperative Members may only access Western States Contracting Alliance (WSCA) contracts where Washington is the lead state, or has 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. 17) PAYMENT and NOTICES: Payment shall be made to DES Office of State Procurement at the address provided below Department of Enterprise Services Office of State Procurement 1500 Jefferson St SE PO Box 41008 Olympia, WA 98504 -1008 According to the most recent authoritative information: COOPERATIVE MEMBER your annual operating expenditures were $18,164,115.00, making COOPERATIVE MEMBER annual fee $1,000.00, bring the total three -year fee to $3,000.00. ALL OTHER TERMS AND CONDITIONS OF THE CONTRACT SHALL REMAININFULL FORCE AND EFFECT. IN WITNESS WHEREOF, the parties have read this Amendment Number 1 to Intergovernmental Agreement 2010 -WPC -280 in its entirety, agree to it and hereby assert that they have the authority to bind their respective parties to it. Approved Approved Dep• js`' t o Enter s Services City of Port Angeles &C,12.,4 '1 'CO r,vr rr 1 Mork SIGNATU RE e T ArpcE-, 4-7 //z DATE RI OR 1 YPE NAME DATE T. i4AR 6 r='01. RH 'i :49