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C. Eligible Purchasers who execute a Contract Usage Agreement with Enterprise Services <br />may utilize the following categories of enterprise procurement solutions for <br />goods/services, each a category of available Contracts: <br /> Statewide Contracts. Contracts for goods/services developed and <br />implemented by Enterprise Services on behalf of the State of Washington <br />pursuant to the State’s Procurement Code for Goods/Services (RCW <br />39.26). See RCW 39.26.050. <br /> Cooperative Purchasing Agreements. Specified Cooperative purchasing <br />agreements for goods/services developed or joined by Enterprise <br />Services on behalf of the State of Washington. See RCW 39.26.060. <br /> Legislatively Directed Contracts. Certain ‘mandatory use’ or other <br />contracts for goods/services in which the Washington State Legislature <br />has specified for use by Washington state agencies and/or other eligible <br />purchasers – e.g., Correctional Industries contracts. See RCW 39.26.251. <br />Enterprise Services maintains a list of all such Contracts at its Contracts Webpage. <br />D. Eligible Purchaser desires to contract with Enterprise Services to access and use the <br />Contracts, subject to their terms and conditions. <br />E. The purpose of the Agreement is to establish the terms and conditions to authorize <br />Eligible Purchaser to use the Contracts. <br />A G R E E M E N T <br />NOW THEREFORE, in consideration of the mutual covenants and agreements set forth herein, the parties <br />agree as follows: <br />1. DURATION. This Agreement is effective as of the effective date stated herein and shall continue in force <br />unless terminated by either party upon thirty (30) calendar days prior written notice. <br />2. ELIGIBLE PURCHASER’S REPRESENTATIONS AND WARRANTIES. Eligible Purchaser makes each of the following <br />representations and warranties as of the effective date of this Agreement and at the time any order <br />is placed pursuant to any Contract by Eligible Purchaser. If, at the time of any such order, Eligible <br />Purchaser cannot make such representations and warranties, Eligible Purchaser shall not place any <br />such order and shall, within three (3) business days notify Enterprise Services, in writing, and <br />terminate this Agreement. <br />a. ELIGIBLE PURCHASER STATUS. Eligible Purchaser represents and warrants that, as set forth in RCW <br />39.26.050(1), RCW 43.19.005(2), and/or the Interlocal Cooperation Act (RCW 39.34), it is an <br />entity that is eligible to utilize Enterprise Services’ Contracts. Eligible Purchaser further <br />represents and warrants that, upon request from Enterprise Services, Eligible Purchaser shall <br />provide documentation to confirm its eligibility to use the Contracts. <br />b. CONTRACT AUDITS. Eligible Purchaser represents and warrants that it shall cooperate with <br />Enterprise Services, the Office of the State Auditor, federal officials, and/or any third party <br />authorized by law or contract, in any audit conducted by such party pertaining to any <br />Contracts that Eligible Purchaser has made purchases from pursuant to this Agreement, <br />including providing records related to any purchases from such Contracts. <br />CONTRACT USAGE AGREEMENT FOR ELIGIBLE PURCHASERS NO.Page number 2 04/01/24