HomeMy WebLinkAboutR-2017-026 Master Contract Usage Agreement with the State of Washington Department of Enterprise ServicesA RESOLUTION
RESOLUTION NO. R-2017-026
authorizing and directing the City Manager of the City of Yakima to
execute a Master Contract Usage Agreement with The State of
Washington Department of Enterprise Services.
WHEREAS, the City of Yakima, desires to utilize State of Washington Master
Contracts for certain goods and services, and
WHEREAS, the State of Washington Department of Enterprise Services solicits
and manages master contracts for goods and services for use by local governments,
pursuant to R.0 W Chapter 39.34 ; and
WHEREAS, pursuant to the provisions of RCW 39 34, the City of Yakima may
enter into agreements with other public agencies in order to allow the parties of said
agreements to cooperatively purchase or acquire supplies, equipment, and materials
under contract and to utilize each other's contracts, as needs arise; and
WHEREAS, these statewide contracts have met state requirements for
competitive bidding and other procurement laws, reducing risk and streamlining the
purchasing process for the City of Yakima; and
WHEREAS, Master contracts leverage the state's collective buying power and are
established for most frequently purchased products, making for the best use of resources
for all types of Washington governments, and
WHEREAS, the City Council of the City of Yakima deems it to be in the best
interests of the City that the attached and incorporated Master Contract Usage Agreement
with the State of Washington Department of Enterprise Services be carried out; now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute the Master
Contract Usage Agreement with the State of Washington Department of Enterprise
Services for the purpose mentioned above, a copy of which Agreement is attached hereto
and by reference made a part hereof
ADOPTED BY THE CITY COUNCIL this 7th day of March, 2017.
ATTEST.
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Sonya Cla = Tee, City Clerk
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DES Use Only
MASTER CONTRACT USAGE AGREEMENT
This Master Contract Usage Agrcement (the "Agreement") is made pursuant to Chapter 39.34 of
the Revised Code of Washington, and other applicable laws. by and between the state of
Washington (thc ''State"), acting by and through the Department of Enterprise Services ("DES"),
an agency of the State. and
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a state agency, or local or federal agency or entity, or public benefit nonprofit corporation, or any
tribe located in the State ("Buyer").
1, Purpose: The purpose of the Agreement is to establish the tenns and conditions for when
Buyer purchases or acquires goods and services for its direct use under contracts entered into
by DES that permit such use ("Master Contracts").
2. Duration: This Agreement will become effective on date of execution, and will continue in
full force and effect until thirty (30) days following receipt of written notice from either party
cancelling this Agreement.
3. Agreement Contact Information: Contact person to whom contract documents and related
communications are to be mailed or faxed.
Organization Name;
Tax Identification Number:
Unified Business identifier Required for You -Prop,
Contact Name:
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City:
Phone Number:
Email Address:
4, Cancellation of Agreement: This agreeinent can be termina
written notice provided to DES at:
by either party upon 30 days
Email to: mcua@des.wa.gov OR Mail to: WA Dept. of Enterprise Services
Attn: ACCO
P.O. Box 41409
Olympia, WA 98504-1409
5. Financial Responsibility: Buyer will deal directly with the Master Contract contractor,
supplier, or service supplier ("Contractor") for any purchases Buyer inakes pursuant to this
Agreement and under a Master Contract, DES does not accept any responsibility, financial
or otherwise, for any purchase Buyer makes under a Master Contract.
Agreement Number:
DES Use Only
Compliance with Other Laws: Each of the parties will comply with all applicable federal,
state, and local laws and regulations governing its own purchases.
7. Master Contract Audits: Buyer agrees to cooperate with DES, the Office of the State
Auditor, federal officials, or any third party authorized by law, rule, regulation or contract, in
any audit conducted by such party related to any Master Contract(s) that Buyer has made
purchases from pursuant to this Agreement, including providing records related to any
purchase from a Master Contract. In addition, Buyer agrees to provide, upon request from
DES, documentation to confirm its eligibility to use Master Contracts.
8. Dispute Resolution: If there are any disputes between Buyer and a Contractor, Buyer agrees
to (a) provide DES written notice of the nature of the dispute; and (b) unless otherwise
provided in the Master Contract or as set forth below, work in good faith with the Contractor
to resolve the dispute without the involvement of DES. DES may, upon request, review and
assist in the resolution of a dispute, and if DES chooses to do so, the Buyer will cooperate
with DES in that resolution process.
In its sole discretion, DES may, but is not obligated to, upon written notice to Buyer, resolve
disputes with a Contractor on behalf of Buyer and all other state, local, and federal agencies,
local governments, and public benefit nonprofit corporations with similar or related disputes
with such Contractor,
9. No Separate Entity: No separate legal or administrative entity is intended to be created by, or
for the administration of, this Agreement.
10. Hold Harmless: Each party agrees to defend, indemnify, and hold the other party harmless
from any claim arising from such party's sole negligent, reckless, or willful misconduct.
11. Entire Agreement: This Agreement sets forth the entire agreement between the parties, and
supersedes any other prior written agreements between the parties, with respect to the subject
matter hereof.
IN WITNESS WHEREOF the parties having read this Agreement, agree to it in each and every
particular, and have executed it below,
APPROVED
WASHINGTON STATE
DEPARTMENT OF ENTERPRISE SERVICES
Entity Na
Signature
MCUA
Farrell Presncll, Assistant Director
Name/Title
Date
2
APPROVED
CITY CO arriTACT
7
REsoLuTIONNo•R -.49 1 7 c'Q
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDASTATEMENT
Item No. 6.D.
For Meeting of: March 7, 2017
ITEM TITLE: Resolution authorizing an Interlocal Agreement with Washington
State Department of Enterprise Services for utilizing state contracts
for purchasing
SUBMITTED BY: Sue Ownby, Procurement Manager
SUMMARY EXPLANATION:
The State of Washington Department of Enterprise Services solicits and manages master
contracts for goods and services for use by local governments, pursuant to R.C.W. Chapter
39.34. These statewide contracts have met state requirements for competitive bidding and other
procurement laws, reducing risk and streamlining the purchasing process for the City of Yakima.
Master contracts leverage the state's collective buying power and are established for most
frequently purchased products, making for the best use of local resources. Pursuant to the
provisions of R.C.W. 39.34, the City of Yakima may enter into intergovernmental cooperative
purchasing agreements with other public agencies in order to allow the parties of said
agreements to cooperatively purchase or acquire supplies, equipment, and materials under
contract and to utilize each other's contracts, as needs arise.
ITEM BUDGETED:
NA
STRATEGIC PRIORITY: Partnership Development
APPROVED FOR
SUBMITTAL:
STAFF RECOMMENDATION:
Adopt resolution.
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description Upload Date Type
D Resolution DES
D Agreement MCUA
2/17/2017
2/17/2017
Cover Memo
Cheer Memo