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HomeMy WebLinkAbout13-126 - WA State Department of Enterprise - Master Contract Usage Agreement for PurchasingDES Use On 13 -126 MASTER CONTRACT USAGE AGREEMENT Council Approval 7/15/13 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 CITY OF TUKWILA Entity Name 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 wii 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: CITY OF TUKWILA Tax Identification Number: 91- 6001519 Unified Business Identifier Required for Non - Profits Contact Name: PAT BRODIN Title: OPERATIONS MANAGER Address: 14000 INTERURBAN AVENUE SOUTH City: TUKWILA State: WA Zip: 98168 Phone Number: (206) 433 -1861 Email Address: PAT .BRODIN @TUKWILAWA.GOV 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. / S �c, / C/Jt t/6//V4-t- S 1 6. Compliance with Other Law : Each of the parties will comply with all applicable federal, state, and loca! laws and regulations gov i its own purchases. 7. Master Contract Audits: Buyer agrees to cooperate with DES, the Office ofthe State Auditor, federal officials, or any third party authorized by |u*', rule, regulation or contract, in any audit conducted by such party related to any Master Co that Buyer has made purchases from pursuant to this Agreement, ineluding providing records o:\atcdto 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 be!ow, work in good faith with the Contractor to resolve the dispute without the involvernent ofDES. DES may, upon request, review and assist in the resolution of 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. |0. Hold Harmless: Each party agrees to defend, indemnify, and hold the other party hanTiless from any claim arising from such party's sole negligent, reckless, or willful misconduct. |l. 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. [N 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 En ame rIvt APPROVED CITY OF TUKWILA Roselyn Marcus, Assistant Director Name/Title/ i /l/ (� �� "J Date 2 Name/Title r Date Washington 3t!ia DapaRrrral?x+?f Enterprise Services Purchasing from Washington State Contracts All membership to the Washington State Purchasing Cooperative (Co -op) will end as of June 30, 2013. This program will cease to function as of July 1, 2013 and be replaced by the Master Contracts Usage Agreement (MCUA). Customers who wish to make purchases off of Washington State Contracts need to have signed the following agreements: • For purchases made before July 1, 2013, an Inter -local agreement or amendment for membership in the Washington State Purchasing Co- operative (Co -op). • For purchases made after July 1, 2013, a Master Contracts Usage Agreement (MCUA). Before July 1, 2013 After July 1, 2013 Purchasing Cooperative Members (Co -op) Master Contract Customers Inter -local agreement or amendment for membership in the Master Contracts Usage Agreement (MCUA) Washington State Purchasing Co- operative (Co -op) To use state contracts entities become Co -op members. To use state contracts entities sign a Master Contracts Usage Agreement Members include: Entities that can join by agreement: • State Agencies • State Boards • State Agencies • State Commissions • State Boards • Higher Education Institutions • State Commissions • Offices of Separate Elected Officials • Higher Education Institutions • Offices of Separate Elected Officials Entities that can join by agreement: • Local Government Agencies • Local Government Agencies • Federal Agencies • Federal Agencies • Washington State Tribal Entities • Washington State Tribal Entities • Public Benefit Nonprofit Corporations • Public Benefit Nonprofit Corporations Membership fees apply No membership fee Typically an Inter -local or interagency agreement or amendment required Membership agreements periodically renewed or amended No termination date of agreement A Master Contracts Usage Agreement required More information • Information about the fee program • Print a Master Contract Usage Agreement • Information about eligibility to use State Master Contracts • View a current list of Master Contract Customers • Find a searchable list of Master Contracts • View the Guidelines for Placing Orders from State Master Contracts • Find a list of Department of Enterprise Services contracts staff If you have questions, please contact us at (360) 407 -2214 or MCUA @des.wa.gov. hingloo Stave Dc r a:,tr e:irt r f nrpre`vic Master Contracts Usage Agreement What is the MCUA? The Master Contracts Usage Agreement (MCUA) is a one -time agreement necessary to meet statutory requirements allowing qualifying organizations to use Washington State master contracts. Cooperative purchasing through state contracts provides organizations that have agreed to terms and conditions the opportunity to save millions of dollars annually by pooling resources to leverage the market through volume discounts. Authorized organizations are provided access to more than 700 contracts for goods and services to meet all the business needs of their organization at no cost. Legislation • WAC 236 -49 -060 • WAC 200 -310 -010 • RCW 39.26.050 • RCW 43.19 How much does it cost? There is no cost for the Master Contracts Usage Agreement. Who can sign a MCUA? • State Agencies • State Boards • State Commissions • Higher Education Institutions • Offices of Separate Elected Officials • Local Government Agencies • Federal Agencies • Washington State Tribal Entities • Public Benefit Non - profit (PBNP) Organization with 501(C)3 tax status that have filed PBNP status with the Secretary of State For fling information, go to http: / /www sos.wa.gov /corps /. More information about purchasing agreements with Public Benefit Non- profit: RCW 39.34.055. More information about Public Benefit Non - profit designation: RCW 24.03.490 How do I join? First, check the signed agreement list. If you are not on this list: • Download and print the Master Contracts Usage Agreement (MCUA) • Fill out and sign MCUA Scan and email signed copy of MCUA to: MCUA ©des.wa.gov or Mail signed copy to: DES MCUA. attn: Kris Gorgas PO Box 41409 Olympia, WA 98504 -1409 A fully executed copy will be scanned and returned to you via email. If you have questions. please call the Master Agreement Service Desk 360.407 -2214 or email MCUA ©des.wa.gov. What can I buy? You can purchase a wide variety of goods and services. Contracts are searchable. The following are a few examples of the most -used contracts: Contact Information MCUA PO Box 41409 Olympia, WA 98504 -1409 (360) 407-2214 MCUA©des wa gov • Vehicles (heavy duty and passenger) • Copiers • Office equipment and supplies • Purchasing card • Infant formula • Radio equipment • Fuel • Pharmaceuticals • Furniture • Food • Emission inspection service • Industrial supplies • Travel services • Landscaping equipment • Paint (various kinds) • Electronic monitoring services • Electrical supplies • Janitorial services How do I make a purchase with a state contract? First. check the signed agreement list. Once you have a current signed MCUA: • Use our contract search to find a contract or learn about special purchasing programs • Identify a vendor on the contract you wish to use • Contact the vendor citing the contract number you wish to use, contract name and provide your customer number. What if I have additional questions? • Call (360) 407 -2214 or email MCUA ©des.wa.gov • Please reference the Master Contracts Usage Agreement when asking your question. Services The following services are available as part of the MCUA: • Training and events • WEBS • Access to Master contracts* • Access to the Western States Contracting Alliance (WSCA) • Join Purchasing mailing list to receive email broadcast bulletins • Purchase Authority • IT Brokering and Procurement Consultation • IT Master Contracts • Tier II Contract Fee for Janitorial Services • Contract Oversight • Portion of the Personnel Sery ices Charge • OMWBE *Some contracts may not be available for use by all MCUA. See review individual contract summary for who is eligible to use the contract. Washington Department Enterprise Services Master Contracts Fee Change The consolidation of dozens of activities from five agencies into the Department of Enterprise Services (DES) provided an opportunity to streamline the rate structure for our services. In the summer of 2012, the Department conducted a review to confirm the kind of rate structure it should use to cover the costs of the services we provide. The review began with set ngphndp|eSthotguidedDE8inastab|iahingrBtes.reaearchiOghovv other service organizations structure their rates, and developing alternatives. The rate principles set by DES are: • The rate is clear, easy to understand and easy to explain • Customers feel confident about the accuracv of the charges • Customers feel the rate structure will ensure they are paying a fair and equitable share of the total cost • Charges are predictable, consistent and timely • Rates should not create disincentives or barriers for the robust use of enterprise systems or services or enterprise policy when they would be in the state's best interest The current master contracting fee structure is very complicated, with some vendor fees that are set dollar amounts, and others are based on varying percentages of sales. Some fees are by agency allocation and some are agency transaction fees. Yet other fees charge local governments based on the amount of their annual budgets. To simplify this, DES is adopting a single vendor management fee model for all contracting activity. There are no variable percentages and tiers; it is fair and equitable for aH contract users. State contract vendors will pay the state .74% of the total spent on contracts. Vendor management fees are a common practice in the public and private sector (19 other states currently have vendor management fees). The new fee model will take effect July 1, 2013. By moving from the current com and confusing model to a single management fee for contract use, DES is meeting the rate principles principles and agency mission to deUver innovative business solutions to meet the needs of those we serve. By removing barriers to contract use like the current complicated rates, more state agencies and local governments will utilize master contracts, increasing the potential sales p001 for contract holders. DES is making the process of reporting sales consistent with the process most contract holders are currently familiar with, while making improvements to the system. Training will be provided to those not familiar with the online sales reporting system. For more informatio contact: Sen/andoPoUonC3SCU4O7-83SO Business Summary — March 2013 • Vehicles (heavy duty and passenger) • Copiers • Office equipment and supplies Purchasing card Infant formula Radio equipment Pharmaceuticals Furniture Food • Emission inspection service • Industrial supplies • Travel services • Landscaping equipment • Paint (various kinds) • Electronic monitoring services • Electrical supplies • Janitorial services How do I make a purchase with a state contract? First. check the signed agreement list. Once you have a current signed MCUA. • Use our contract search to find a contract or learn about special purchasing programs • Identify a vendor on the contract you wish to use • Contact the vendor citing the contract number you wish to use, contract name and provide your customer number. What if I have additional questions? • Call (360) 407-2214 or email MCUA@des.wa.gov • Please reference the Master Contracts Usage Agreement when asking your question. Services The following services are available as part of the MCUA: Training and events WEBS Access to Master contracts* • Access to the Western States Contracting Alliance (WSCA) • Join Purchasing mailing list to receive email broadcast bulletins • Purchase Authority • IT Brokering and Procurement Consultation • IT Master Contracts • Tier II Contract Fee for Janitorial Services • Contract Oversight • Portion of the Personnel Services Charge • OMWBE *Some contracts may not be available for use by all MCUA. See review individual contract summary for who is eligible to use the contract.