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HomeMy WebLinkAboutRES 4491CITY OF RENTON, WASHINGTON RESOLUTION NO. 4491 A RESOLUTION OF THE CITY OF RENTON, WASHINGTON, RATIFYING AND APPROVING PAST AND FUTURE USE OF A COOPERATIVE PURCHASING AGREEMENT TITLED AND NUMBERED "MASTER CONTRACT USAGE AGREEMENT K2127" WHICH WAS EXECUTED ON OR ABOUT JULY 18, 2013 BETWEEN THE STATE OF WASHINGTON'S DEPARTMENT OF ENTERPRISE SERVICES (DES) AND THE CITY OF RENTON. WHEREAS, the City and the State of Washington are authorized, pursuant to RCW Chapter 39.34, the Interlocal Cooperation Act, to enter into an interlocal government cooperative agreement; and WHEREAS, on or about July 18, 2013, the City and the State Department of Enterprise Services executed a cooperative purchasing agreement titled and numbered Master Contract Usage Agreement No. K2127; and WHEREAS, the City has been executing agreements under the authority of K2127 since 2013, but the approval of such agreement was not originally documented in a formal resolution as is the City's current practice for record keeping purposes; and WHEREAS, the City desires, as housekeeping measure, to formally approve and ratify past and future use of the Master Contract Use Agreement No. K2127 by way of this resolution; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO RESOLVE AS FOLLOWS: SECTION I. The City Council hereby formally authorizes and retroactively ratifies past and future use and reliance on the agreement with State of Washington entitled and numbered 1 RESOLUTION N0. 4491 Master Contract Use Agreement No. K2127, executed on or about July 18, 2013, which is attached hereto as Exhibit "A" and incorporated by this reference. PASSED BY THE CITY COUNCIL this 20th day of March , 2023. APPROVED BY THE MAYOR this 20th day of Approved as to form: Shane Moloney, City Attorney RES - 1932:3/15/23 2 J on A. Setp, City Clerk arch .2023. JL *= SEAL =* TEO RESOLUTION NO. EXHIBIT "A" Master Contract Usage Agreement K2127 {: Agreement Nun DES Ylse Qnly : 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"), actir}g by and t�ros{gh t e Department of Enterprise Services ("DES"), an agency of the State, and Entity N � Me ✓1 Entity N me 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 pen -nit 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: C42, Of Tax Identification Number: q' „ (00 0 12-1l Unified Business Identifier RequiredforNon-Prop: Contact Name:�`W� W&rj Title: -p6D /-t7t{'1'11" I S � j:� -d Im I h l S c�Ttt/l, Address: 1066 9 r w City: V S e: IAxI. Zip. (,7 0 5-7 Phone Number:416-430-- +30--&%(C$ Email Address: �w(,�yl ®r2hi-OYIjrUQ• OBI u CLLL®YeA-kA Jug D✓ 4. Cancellation of Agreement: This agreement can 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 MCUA, Attn: Kris Gorgas 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 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. ♦.A. r%q. k bl'at Agreement Number: i�Dl ;Q 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 WASHINGTON STATE DEPARTMENT OF ENTERPRISE SERVICES Entity Name Signature Roselyn Marcus, Assistant Director Name/Title a7.21 Y % 7.-2-5 Date APPROVED C"oT (�-nvY l Entity Nam , Signature Namefyltle Date