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Home My WebLink AboutLW13-227 - Original - WA State Dept of Enterprise Services - Master Contract Usage Agreement - 12/03/2013 Records Martageme �KE4T Document WASHINGTON iw CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Washington State Department of Enterprise Services Vendor Number: ]D Edwards Number Contract Number.-LW 1060P O ? This Is assigned by City Clerk's Office Project Name: Master Contract Usage Agreement Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 11/21/13 Termination Date: Notice Contract Renewal Notice (Days): 30 Number of days required notice for termination or renewal or amendment Contract Manager: Kim Komoto Department: Law Detail: (i.e. address, location, parcel number, tax id, etc.): Master Contract Usage Agreement with the State of Washington Department of Enterprise Services for the city of Kent to utilize pricing and contracts the State has entered into with vendors. S Public\RecordsManagement\Forms\ContractCover\adcc7832 1 11/08 Agreement Number: DES Use 0n1y 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 an trough the partment of Enterpi ise Services ("DES"), an agency of the State, and , Entity Name a state agency, or local or federal agency or ntity, 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 foice 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 RequiredforNon-Profit l Contact Name: KI OA Title: Address- (J City: 'Il' State: 2 Zip: Phone Number: Email Address: �/ �j n o w� 4011 4. Cancellation of Agreement: This agreement an be terminated by either party upon 30 days written notice provided to DES at Email to: mcua@des.wa.gov OR Mail to: WA Dept of Enterprise Services Attn: ACCO P.O Box 41409 Olympia, WA 98504-1401 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. 1 4 ,�1 �t', AgrecmentNnmUer AES Use Orrlp 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 patty 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 govei unents,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 parry'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 WASE NGTON STATE DEPARTMENT OF ENTERPRISE SERVICES 6.14 OF Entity Name, Entit t(p Signature grta ' Farrell Presnell,Acting Assistant Director Name/Title Name T' e Date ' Dat 2 REQUEST FOR MAYOR'S SIGNATURE KENT Please Fill in All Applicable Boxes Reviewed by Director Originator's Name: Tammy White Dept/Div. Law/Civil Extension: 5774 Date Sent: 11/21/13 Date Required: 12/1/13 Return to: Tammy White CONTRACT TERMINATION DATE: Effective until notice to terminate given VENDOR: WA State Dept of DATE OF COUNCIL APPROVAL: None needed - No Enterprise Services expenditure of funds ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if applicable Brief Explanation of Document: This Master Contract Usage Agreement is required by the State of Washington Department of Enterprise Services for the City of Kent to utilize pricing and contracts the State has entered into with vendors after the State has conducted competitive bids. Kent City Code section 3.70.030 allows the City of Kent to satisfy any advertised bidding requirements by utilizing a bid conducted by another public agency for substantially the same purchase. The State's bids would qualify under this exception. While this Master Contract Usage Agreement allows the City of Kent to utilize bids conducted by the State, any resulting contract the City of Kent enters into with any vendor based on the State's bid will still be subject to Council approval in accordance with KCC 3.70.050. Ali Contracts Must Be Routed Through The Law Department 1� (This area to be completed by the Law Department) Received: [ t � ((�� Approval of Law Dept.: KJ� RECEIVED Law Dept. Comments: NOV 2 5 7_13 CITY OF KENT Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff Received: Recommendations and Comments. �,,/ ' ,�� icily of Kent or Disposition: //�Z�L/3 /� � �� " �}'�� Office Q$the May Date Returned: Washington State Department of Enterprise Services—List of Vendors for Public Works RE:Master Contract -#LW13-227 Vendor Name: Allwest Underground,Inc. America West Environmental Supplies,Inc. AMTEST,Inc. Asphalt Zipper,Inc. Brim Tractor Company,Inc. Bud Clary Auto Dealerships Clean Harbors Environmental Services,Inc. Columbia Ford Lincoln Enterprise Rent A Car—Washington State FEDEX Corporation Ferguson Enterprises Ferrellgas,L.P. Genuine Parts Co.DBA NAPA Global Rental Co,Inc. Goodyear Tire&Rubber Company Grainger Herc Rentals,Inc. J.R.Setina Manufacturing Company,Inc John Deere Company Johnstone Supply Kennedy/Jenks Consultants Lakeside Industries,Inc. Metals Express,Inc. Modern Machinery Co.,Inc. Motorola Solutions,Inc. NC Machinery,Co. National Barricade,Co. Nelson Truck Equipment,Inc. Northend Truck Equipment,Inc. Northwest Pump&Equipment Pacific Power Products Pape Machinery,Inc. Pape Material Handling,Inc. Partner Construction Products&Services,Inc. Petrocard,lnc. Robinson Noble,Inc. Rodda Paint,Co. RWC International,LTD. Seattle Automotive Distributing,Inc. Sonsray Machinery,LLC Star Rentals Tetra Tech,Incorporated Traffic Safety Supply,Co. United Rentals,Inc. UPS US Mower Washington Tractor,Inc. Weathernet,LLC. Western Equipment Distributors,Inc. Western Peterbilt Western States Equipment Company Wilbur-Ellis Company Williams Form Engineering Zumar Industries Incorporated