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Home My WebLink About03/07/2017 06D Master Contract Usage Agreement with the State of Washington Department of Enterprise Services �r /,x- - 4'% .a 5 4 .,t _'- s,r 4 s n.. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT 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: /1 City Manager STAFF RECOMMENDATION: Adopt resolution. BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description Upload Date Type D Resolution DES 2/17/2017 Cover Memo D Agreement MCUA 2/17/2017 Cover Memo RESOLUTION NO. R-2017- A RESOLUTION 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.C.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 day of , 2017. ATTEST: Kathy Coffey, Mayor Sonya Claar Tee, City Clerk T1 , Agreement Number: DES Use Only MASTER CONTRACT USAGE AGREEMENT This Master Contract Usage Agreement(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(the"State"), acting by and through the Department of Enterprise Services ("DES"), an agency of the State, and Entity Nam 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 terms 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: I tajp i • ; .4., Tax Identification Number; ei 4i..0F2q3 Unified Business Identifier Required for Non-Profit. 3q 7 CVS 2:72— Contact Name: 3 tie, &Ain Title: Address: /thutr4-y p . tl a - t..- ,&KJ 1Z. t.). 2...nr) City: / State: i Lip: Yk tate: wa qgq01 Phone Number: Email Address: Sue. ou...>A .. s TMA" - . . oy 4. Cancellation of Agreement: This agreement can be te irate by either party upon 30 days written notice provided to DES at: Email to: rneua@des.wa.gov OR Mail to: WA Dept. of Enterprise Services Attn: ACCO P.0, 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 makes 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. i Agreement Number: DES Use Only 6. 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 APPROVED WASHINGTON STATE DEPARTMENT OF ENTERPRISE SERVICES 4y Entity - Entity Name Entity Mime Signature Signature Farrell Presnell, Assistant Director rai.1” 11 *Pk - Name/Title Name/Title Date Date 2