2021/11/24 Council Agenda Packet

2.3. MCUA PARTIES. This Master Contract also may be utilized by any of the following types of entities that have executed a Master Contract Usage Agreement with Enterprise Services: ■ Political subdivisions (e.g., counties, cities, school districts, public utility districts); ■ Federal governmental agencies or entities; ■ Public -benefit nonprofit corporations (i.e., § 501(c)(3) nonprofit corporations that receive federal, state, or local funding); and ■ Federally -recognized Indian Tribes located in the State of Washington. 3. SCOPE —INCLUDED GOODS AND PRICE. 3.1. CONTRACT SCOPE. Pursuant to this Master Contract, Contractor is authorized to sell uniforms, and related outerwear, footwear and accessories for the manufacturers awarded and services included in ExhibitA — Price. Contractor shall not represent to any Purchaser under this Master Contract that Contractor has contractual authority to sell any goods beyond this scope. 3.2. STATERS ABILITY TO MODIFY SCOPE OF MASTER CONTRACT. Subject to mutual agreement between the parties, Enterprise Services reserves the right to modify the goods and services included in this Master Contract; Provided, however, that any such modification shall be effective only upon thirty (30) days advance written notice; and Provided further, that any such modification must be within the scope of this Master Contract. 3.3. PRICE CEILING. Although Contractor may offer lower prices or higher discounts as applicable to Purchasers, during the term of this Master Contract, Contractor guarantees to provide the products at no greater than the prices or lower discounts as applicable set forth in ExhibitA- Price. 3.4. ECONOMIC ADJUSTMENT— ALTERATIONS AND CUSTOMIZATIONS ONLY. Beginning thirty-six (36 months after the effective date of this Master Contract and for every annual anniversary thereafter, the prices set forth in Exhibit A for alterations and customizations only, shall be adjusted, based upon the percent changes (whether up or down) in the United States Department of Labor, bureau of Labor and Statistics (BLS) indices described below, for the most recent year. Economic adjustment will lag one (1) calendar quarter past the Contract commencement date to allow for publication of BLS data. Prices shall be adjusted on October 1. If an index is recoded, that is the replacement is a direct substitute according to the BLS, this Contract will instead use the recode. If an index becomes unavailable, Enterprise Services shall substitute a proxy index. If there is not a direct substitute, the night higher aggregate index available will be used. The economic adjustment shall be calculated as follows: New Price = (Average 12 months of the most current index data —Average 12 months index data prior to Contract start date) / Average 12 months index prior to Contract start date BLS Index: PCU3152 3.5. MASTER CONTRACT INFORMATION. Enterprise Services shall maintain and provide information regarding this Master Contract, including scope and pricing, to eligible Purchasers. 4. CONTRACTOR REPRESENTATIONS AND WARRANTIES. Contractor makes each of the following representations and warranties as of the effective date of this Master Contract and at the time any order is placed pursuant to this Master Contract. If, at the time of any such order, Contractor cannot MASTER CONTRACT No. 01417 3 (Rev. 6-26-2019)