19-063.00 WA ST Enterprise Services: 2019 Surplus -0(c3
State of Washington INTERAGENCY AGREEMENT
Department of Enterprise Services
SURPLUS OPERATIONS
P 0 Box 41411 IAA No.: 1(5635
Olympia,WA 98504-1411
CITY OF SPOKANE VALLEY
10210 E SPRAGUE AVE Effective Date: February 8, 2019
SPOKANE VALLEY,WA 99206
INTERAGENCY AGREEMENT
BETWEEN
CITY OF SPOKANE VALLEY
AND
WASHINGTON STATE DEPARTMENT OF ENTERPRISE SERVICES
SURPLUS OPERATIONS
Pursuant to RCW 43.19.1919,this Interagency Agreement ("Agreement") is made and entered into by
and between the State of Washington acting by and through the Surplus Operations Department of
Enterprise Services, a Washington State governmental agency("Enterprise Services")and City of
Spokane Valley("CLIENT AGENCY") and is dated and effective as of February 8,2019
RECITALS
A. Enterprise Services,through Surplus Operations, handles and sells used goods and vehicles.The
sale,reuse and recycling of goods keeps hundreds of thousands of pounds of materials from being
dumped in landfills
B. Client Agency desires to contract with Enterprise Services to obtain Surplus Operations Services.
C. The purpose of this Agreement is to establish a programmatic vehicle for Surplus to provide the
specified services to Client Agency In a cost-effective,efficient manner as set forth herein
AGREEMENT
Now THEREFORE, in consideration of the mutual covenants and agreements set forth herein,the parties
agree as follows:
1. TERM Subject to its other provisions,the period of performance of this Agreement shall commence
when this Agreement is properly signed,and continue until terminated by either party,as provided
herein.
This Agreement cancels and supersedes all previous agreements between DES and CLIENT for
surplus property services
INTEPAGENCY AGREEMENT NO K5635 Page 1 of
2. STATEMENT OF WORK
DES, under its authority in RCW 43 19 1919,acting on behalf of CLIENT shall furnish the necessary
personnel and services and otherwise do all things necessary for or incidental to the performance of
the work set forth in this Agreement.
DES agrees to sell vehicles,equipment and other personal property,except for hazardous materials,
that are declared surplus and turned over to DES for disposal ("Property"). DES further agrees to
include the following clause in its Terms and Conditions of sale with any purchase of CLIENT
Property in substantially the same form: "All available information about the item has been
reported in this listing.The item may have defects of which the Washington State Surplus
Operations Program is unaware.You are bidding on these item(s)'as is, where is.'All sales are final.
Personal inspection is strongly advised. Failure to inspect the item shall not be grounds for any
claim or property abandonment"All surplus property turned over to DES is publicly advertised via
the DES website(www.ga.wa.gov/surplus). Methods for selling surplus property will include, but
are not limited to:
1 Priority Sales(See WAC 200-360-025)
2. Public Sales
3 Internet Sales
A DES agrees to provide the following services:
1. Properly store and assume responsibility for the safekeeping of all vehicles,equipment and
other personal property.
2. Endeavor to obtain resale prices equal to the industry standard trade-in or quick sale
equipment values.
3. Sell surplus property turned over to DES in a timely manner,collect payment from buyer,
and reimburse CLIENT the proceeds of sales, less DES's authorized fees per fee schedule as
shown on Exhibit"A"—Surplus Operations Fee Schedule.
4. Take all necessary administrative actions to ensure surplus property turned over to DES
ownership is legally and fully transferred from the CLIENT to the buyer.
5. Take responsibility for resolving any ownership issues that may arise after surplus property
is purchased.
6. Set up Login ID and Password to the Surplus Request Management System (SRMS)for
CLIENT staff authorized to submit surplus property.
7. Review SRMS disposal documents submitted within 24 hours and assign a DES Authority
Number for approved property.
CLIENT agrees that it will:
1 Submit SRMS disposal documents for all surplus property using DES's online SRMS, along
with signed vehicle and equipment titles.
2. Contact DES at(360)407-1917,to schedule delivery of surplus property.
a. Transportation/Hauling Services are available through DES'sTransportation Services
Please contact transportservices@des wa goy,for a quote to haul your surplus
property.
3 Dispose of the following hazardous materials themselves.
a. Asbestos—Any product containing more than 1 percent asbestos, including wrapped
pining,fireproofing materials,fireproof safes,fire retardant clothing,floor titles, ceiling
tiles,etc.
INTERAGENCY AGREEMENT No K5635 Page 2 of
h Polychlorinated biphenyls(PCB's)—Including transformers,capacitors,electrical
equipment containing capacitors or transformers,fluorescent fixtures, liquid filled
electrical devices,etc.
c Liquids, Flammable or toxic liquids and powders, including paints,solvents,cleaners,
copier fluids,etc.
d. Radioactive Materials—Including smoke detectors,x-ray equipment,etc
e. Pesticides/Herbicides—Including insecticides,fungicides, herbicides,wood
preservative,disinfectants,and any other substances intended to control pests.
3. CONSIDERATION
After deducting its fee, DES shall reimburse CLIENT for the sale of surplus property. Compensation shall
be based on Exhibit"A"-Surplus Operations Fee Schedule.DES reserves the right to amend their Fee
Schedule when DES receives authorization to do so DES will notify Client, In writing within thirty(30)
days prior to Office of Financial Management approved rate changes.
4. PAYMENT PROCEDURE
DES shall submit surplus property proceeds to Client within thirty(30)days of sale of surplus property.
The surplus property proceeds shall be forwarded to the following:
City of Spokane Valley
Attn: Finance Department
Address 10210 E Sprague Ave
Spokane Valley,WA 99206
5. RECORDS RETENTION
a. AGREEMENT AVAILABILITY. Prior to its entry into force, this Agreement shall be posted on the
parties websites or other electronically retrievable public source as required by
RCW 39 34 040.
b. RECORDS RETENTION Each party shall maintain records and other evidence that sufficiently and
properly reflect all direct and indirect costs expended by either party in the performance and
payment of the Services. 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 officials authorized by law Such records shall be retained for a period of
six (6) years following expiration or termination of this Agreement or final payment for any
Service placed against this Agreement, whichever is later; Provided, however, that if any
litigation,claim,or audit is commenced prior to the expiration of this period,such period shall
extend until all such litigation, claims,or audits have been resolved.
c Punic INFORMATION. This Agreement and all related records are subject to public disclosure as
required by Washington's Public Records Act, RCW chapter 42.56. Neither party shall release
any record that would, in the judgment of the party, be subject to an exemption from
disclosure under the Public Records Act, without first providing notice to the other party
within ten(10)business days of the receipt of the request The parties will discuss appropriate
actions to be taken, including release of the requested information, seeking a protective
order, or other action prior to the release of records. Should one party choose to seek a
protective order,it shall do so at its sole expense.
INTERAGENCY AGREEMENT No 85635 Page 3 of
6. AGREEMENT CHANGES,MODIFICATIONS AND AMENDMENTS
This Agreement may be changed, modified or amended by written agreement executed by both
parties
7. AGREEMENT MANAGEMENT
The program manager for each of the parties shall be responsible for and shall be the contact
person for all communications and billings regarding the performance of this Agreement.
The Client Agency contract staff member responsible for management of this Agreement is
Name: Karla White
Title:Accounting Technician
Address-10210 E Sprague Ave
Spokane Valley, WA 99206
Phone Number:509-720-5044
E-mail Address:kwhite( spokanevallev.orn
The Enterprise Services Program Manager responsible for the management of this Agreement is.
Name:
Program Manager
7511 New Market Street
Olympia WA. 98504-1030
(360)407-1900
surplusdisposal@des.wa gov
8. INDEMNIFICATION
To the fullest extent permitted by law, Client shall indemnify,defend,and hold harmless State,
agencies of State and all officials,agents and employees of State,from and against all claims
arising from the sale or transaction before, during, or after the sale. "Claim,"as used in this
Agreement, means any financial loss, claim,suit,action,damage,or expense, including but not
limited to attorney's fees,attributable for bodily injury,sickness,disease,or death,or injury to
or destruction of tangible property including loss of use resulting therefrom.
Client expressly agrees to indemnify,defend,and hold harmless State for any claim arising out of or
incidental to Client performance or failure to perform its rights,duties and obligations under this
Agreement. Client shall be required to indemnify,defend,and hold harmless State only to the
extent claim is caused in whole or in part by negligent acts or omissions of Organization.
9. 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 incurred in accordance with the terms of this Agreement prior to the effective date of
termination.
INTERAGENCY AGREEME NT No K5635 Page 4 of
10. TERMINATION FOR NON-USE
If services in Statement of Work have not been used in 5 years,this agreement is automatically
terminated without further notice.To commence services,Client must sign a new service
agreement
Execution
We,the undersigned,agree to the terms of the foregoing Agreement.
Department of Enterprise Services City of Spokane Valley
IThigutte E 141
SIGNATURE SIGNATURE
MARIJANE KIRK Mark Calhoun
NAME NAME
ASSISTANT DIRECTOR City Manager
TITLE TITLE
10419 7.2C(720I9
DATE DATE
INTERAGENCY AGREEMENT No K5635 Page 5 of
Exhibit "A"
DES Interagency Agreement No.K5434
Surplus Operations Fee Schedule
Fee Schedule:
Poly-Sub Items(whether sold Explanation Sale Surplus$ Agency
at surplus or agency location) Price Retained Reimbursement
Surplus
retains
9 0%of
Vehicles and Heavy final sale $5,000 $450 $4,550
Equipment
price
($200 min-
$900 max)
$500 $200 $300
Surplus
retains first
$200, plus
Standard Item 9.0%of $600 $236 $364
every dollar
above$200
($900 max)
$150 $150 $0
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