043-20 - MRSC - ContractMRSCWashington Public Agency Contract
ROSTERSSmall Works, Consultant, and Vendor Rosters
This contract (the "Contract") is made by and between Municipal Research and Services Center of Washington
("MRSC"), a not -for -profit corporation, and the Washington local government (the "Public Agency"),
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Purpose. The purpose of this Contract is to provide the Public Agency with membership in MRSC Rosters.
2. Scope of Services. MRSC shall host the entire Public Agency's individual Small Public Works Roster ("Small
Works Roster"), individual Consultant Roster ("Consultant Roster"), and individual Vendor Roster ("Vendor
Roster") (collectively "Rosters"). MRSC shall advertise at least annually for the Small Works Roster, Consultant
Roster, and Vendor Roster in accordance with statutory requirements on behalf of the Public Agency. MRSC will
assist small public works, consultant, and vendor business (collectively, "businesses") with roster registration
throughout the year, receive applications, review applicant eligibility for compliance with basic statutory eligibility
requirements, and maintain business applications in an online database.
3. Effective Date and Term. This Contract shall be effective in the year in which it is signed on either May 1 if
signed prior to May 1 or December 1 if signed prior to December 1, for a period of one year.
4. Access to MRSC Rosters by Public Agency Prior to Legal Notice. As of the Contract effective date, the Public
Agency may access the MRSC Rosters database at www.mrscrosters.org by entering its account login information,
as will be provided by MRSC. The Public Agency may search for and view business applications as of the effective
date of the Contract, but it may not contact businesses about roster projects until after the legal notice is posted.
5. Notification of Transition to MRSC Rosters. As of the contract effective date, the Public Agency may begin
notifying interested businesses that they may register with the Public Agency at any time in the MRSC Rosters, but
that the Public Agency will not begin using the hosted rosters until after the legal notice is posted.
6. Roster Legal Notice. MRSC shall post the statutorily -required roster legal notice on behalf of the Public Agency
in a newspaper of general circulation relative to the location of the Public Agency. The notice will occur the first
Monday of January or June, or during the week of the first Monday of January or June for weekly newspapers.
7. Use of MRSC Rosters by Public Agency. As of the date of the applicable legal notice in January or June, all
departments of the Public Agency will discontinue use of any previously -maintained rosters and begin using the
MRSC Rosters exclusively when choosing to follow a roster contracting process, in accordance with the following
statutory requirements:
(a) Small Works Roster. The Public Agency will use the Small Works Roster to select businesses for public
work projects in accordance with RCW 39.04.155, as now or hereafter amended. The Public Agency shall
be responsible for its own and the selected businesses' compliance with all other laws and regulations
governing public works contracting, including retainage and bonds, prevailing wages, and any other
applicable requirements.
(b) Consultant Roster. The Public Agency will use the Consultant Roster to select businesses for
consultant projects in accordance with the laws and ordinances applicable to the Public Agency, including
Chapter 39.80 RCW when contracting for architectural and engineering services. The Public Agency shall
be responsible for its own and the selected businesses' compliance with all laws and regulations
governing the purchase of services.
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(c) Vendor Roster. The Public Agency will use the Vendor Roster to select businesses to award contracts
for the purchase of supplies, materials, and equipment not being purchased in connection with public
works contracts in accordance with RCW 39.04.190, and any ordinances and other laws applicable to the
Public Agency. The Public Agency shall be responsible for its own and the selected business' compliance
with all laws governing such purchases.
8. Compensation of Businesses. The Public Agency shall be responsible for payments to any business that it
selects as a result of its use of MRSC Rosters. The Public Agency shall make all such payments directly to the
businesses selected by the Public Agency.
9. Annual Membership Fee. The Public Agency will pay MRSC an annual membership fee based on the five-year
average of the Public Agency's total capital expenditures. Payment of the annual membership fee is due within
thirty (30) days of the Contract effective date.
Based on the following Membership Fee Scale, the Public Agency will pay an annual membership fee of $5.
Total Capital Expenditures
Annual Membership Fee
Less than 5 million
$135
5 to 10 million
$275
10 to 15 million
$425
15 to 25 million
$575
25 to 50 million
$745
More than 50 million
$1145
10. Relationship of Parties. MRSC will perform the services under this Contract as an independent contractor and
not as an agent, employee, or servant of the Public Agency. Nothing in this Contract shall be construed to render
the parties partners or joint ventures.
11. Limitation of MRSC Liability. MRSC shall not be, directly or impliedly, a party to any contract with small works,
consulting, or vendor businesses which the Public Agency may enter into as a result of the Public Agency's use of
the MRSC Rosters. MRSC does not accept responsibility or liability for the performance of any business used by the
Public Agency as a result of its use of the MRSC Rosters.
12. Hold Harmless and Indemnification. Each party shall defend, indemnify, and hold the other party harmless
from any and all claims, injuries, damages, losses, or suits, including attorney fees, to the extent arising from any
negligent act or omission of that party's officers, employees, volunteers, and agents in connection with the
performance of this Contract.
13. Termination. This Contract may be terminated, with or without cause, by written notice of either party to the
other. Termination shall be effective thirty (30) days after written notice. Termination of the contract by the Public
Agency does not entitle the Public Agency to a refund of the membership fee prorated as to the time remaining in
the contract term following termination.
14. Renewal. This Contract may be renewed annually by completing the online renewal process that includes
confirming that the Public Agency will continue abiding by the terms outlined in this Contract and making payment
within thirty (30) days from the effective date of either May 1 or December 1.
15. Non -assignment. MRSC shall contract with Strategies 360 for the hosting of the Public Agency rosters in the
online database. MRSC shall not otherwise subcontract or assign any of the rights, duties, or obligations imposed
upon it by this Contract without the prior express written consent of the Public Agency.
MRSC Rosters SCV Public Agency Contract Page 2 of 3
16. Governing Law and Venue. This Contract shall be governed by the laws of the State of Washington.
17. Severability. Should any clause, phrase, sentence or paragraph of this Contract be declared invalid or void, the
remaining provisions of this Contract shall remain in full force and effect.
18. Complete Agreement. This Contract constitutes the entire understanding of the parties. Any written or verbal
agreements that are not set forth herein or incorporated herein by reference are expressly excluded.
19. Public Agency Information. For purposes of Contract administration, the Public Agency provides the following
information:
R
Official Public Agency Name:l
Common Public Agency Name (if different):
Mailing Address: 2& 0
A 'd LVA
County: 6*4
Type of Public Agency:
Website: 0/it ' G
Primary Contact:
Name:
Title:
Additional Contact:
Name:
Title:
Email: N�,(,'r+,�tC,IT4'."f�iv�/c".�]JeEmail:
Telephone: (3� 1) FAI Telephone:
Facsimile:, ��� Facsimile:
20. Signatures. By signing this Contract, the Public Agency signatory below certifies that he/she has the authority
to enter into this Contract on behalf of the entire Public Agency.
PUBLIC -AGENCY
[Signature]
[Title] 1 J
[Date]
MRSC
[Signature]
MRSC Rosters Manager
[Title]
[Date]
nce-r
rd. L1s
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