This intergovernmental agreement (“agreement”) is entered into by and between the county (“account holder”) and the Department of Central Management Services (“CMS”), pursuant to the Intergovernmental Cooperation Act (5 ILCS 220).
(A) (1) CMS has developed iBid online auction (“iBid”), which allows the general public, through the internet, to bid, among other things, on state surplus items and easily monitor their bids throughout the duration of a weekly auction; and
(2) The account holder would like to use the iBid system to sell its surplus property.
(B) CMS and the account holder agree as follows.
(1) General. CMS will provide access to and use of its iBid system including, but not limited to, auction sales system, user templates, report management system and training to the account holder at the rates set forth below.
(2) Fees. The account holder agrees to the following fees and charges.
(a) CMS fee.
1. CMS will assess an administrative fee equal to 2% of the gross sales price of each item sold by the account holder for access to and utilization of the iBid system. Such administrative fee shall be paid to the Illinois Department of Central Management Services, State Surplus Property Revolving Fund.
2. For the first 30 days of the agreement, the fee due to CMS will be waived. Starting with the thirty-first day of the agreement, the administrative fee will be charged to the account holder. An invoice shall be generated and issued to the account holder at end of each month showing the administrative fee for the prior month’s completed sales. The account holder shall remit payment of the administrative fee to CMS within 30 days after receipt of such invoice.
3. If the account holder fails to pay the administrative fee within 60 days after receipt of an invoice, in addition to all other remedies available at law or in equity, CMS may, in its sole discretion, limit, suspend or terminate the account holder’s access to the iBid system.
(b) Credit card setup fee. If the account holder elects to accept credit cards as a form of payment, the account holder shall pay a one-time setup fee of $295 to Assetworks Corporation to configure the integration with the State Treasurer’s “ePay” credit card payment gateway.
(3) Agreement. The account holder agrees to follow the procedures outlined in Exhibit A, attached to the agreement codified herein and incorporated by reference, to sell its surplus property on iBid.
(4) Records retention. CMS and the account holder shall maintain for a minimum of three years after the completion of the agreement, or for a longer period if required by applicable federal laws and regulations, all records and supporting documents created pursuant to the agreement. Those records shall be available for review and audit by CMS, the account holder and the Auditor General of the state. In the event the account holder is subject to specialized records retention requirements, the account holder shall advise CMS of such requirements in writing.
(5) Laws of the state. This agreement shall be governed in all respects by the laws of the state.
(6) Ability to contract. Each party represents to the other that it has the legal authority to enter into this agreement. With respect to the subject matter of this agreement, each party shall duly authorize and execute any additional agreements, documents, instruments, amendments and certifications reasonably necessary and appropriate to maintain compliance with any applicable law.
(7) Entire agreement. This agreement, including any attachments or amendments, constitutes the entire agreement between the parties concerning the subject matter of the agreement. Modifications and waivers must be in writing and signed by authorized representatives of the parties.
(8) Term. This agreement shall become effective when executed by all parties and shall continue in full force and effect until terminated by one of the parties. Either party may terminate this agreement upon 30 days’ prior written notice to the other party.
(9) Multiple counterparts. This agreement may be executed in one or more counterparts, all of which shall be considered to be one and the same agreement, binding on all parties hereto, notwithstanding that all parties are not signatories to the same counterpart. Further, duplicated signatures, signatures transmitted via facsimile or signatures contained in a portable document format (PDF) document shall be deemed original for all purposes.
(10) Amendments. This agreement may be amended in writing from time to time by mutual consent of the parties. All amendments to this agreement must be in writing and fully executed by the parties.
(11) Severability clause. If any provision of this agreement is found to be invalid, such invalidity shall not affect the validity of the remaining portions of this agreement.
(12) Notices. Any and all notices required to be delivered hereunder shall be deemed delivered when and if personally delivered, or mailed by registered or certified mail, return receipt requested, postage prepaid (or sent by a recognized overnight courier service with instructions and payment for delivery on the next business day) to the parties as set forth below:
(1) If to CMS:
Department of Central Management Services |
1924 S. 10-1/2 Street |
Springfield, IL 62703 |
Attention: Jay Neposchlan |
Phone: (217) 558-3366 |
Email: Jay.Neposchlan@illinois.gov |
(2) If to account holder:
Jersey County Clerk |
P.O. Box 216 |
200 N. Lafayette St. |
Jerseyville, IL 62052 |
(618)-498-5571 x115 |
(13) Change of information.
(a) Any party hereto may change the foregoing name and address of the designee to whom notice shall be sent by giving written notice of such change to the other party hereto in the same manner as all other notices are required to be delivered hereunder.
(b) Notice as provided herein does not waive service of summons or process.
(Agreement passed 3-25-2013)