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Home My WebLink About000859 Original Contract City of Port Angeles Record #000859 L NOV 2014 6(Ty Cif= F'Q t f Al C HE MRSC Washington Public � � 0,S! T Small Works, Consultant, and Vendor Rosters ERc 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"), LJ u F Fa+ An�ehej 1. Purpose. The purpose of this Contract is to provide the Public Agency with membership in MRSC Rosters which will host its individual Small Public Works Roster ("Small Works Roster"), Consultant Roster ("Consultant Roster"), and Vendor Roster ("Vendor Roster") in an online database (collectively, "MRSC Rosters"). MRSC is making membership in the MRSC Rosters available to a number of local government agencies in Washington State to provide them with more efficient and cost effective services. 2. Scope of Services. MRSC shall create and maintain the MRSC Rosters as allowed to the Public Agency and other Public Agency members by RCW 39.04.155, Chapter 39.80 RCW, and RCW 39.04.190, respectively. MRSC shalt advertise at least biannually for the Small Works Roster, Consultant Roster, and Vendor Roster in accordance with statutory requirements on behalf of all Public Agency members. MRSC will receive and review small works, consultant, and vendor business (collectively, "business") applications for compliance with basic statutory eligibility requirements, and will maintain business applications. 3. Use of MRSC Rosters by Public Agency. As of the date of the first MRSC biannual legal notice in January or June by occurring after the signing of the membership contract by both parties, the Public Agency will use the Small Works Roster, Consultant Roster, and Vendor Roster hosted in MRSC Rosters as their official rosters. (a) Small Works Roster. The Public Agency will use the Small Works Roster to select businesses for public work projects up to $300,000 in value or as otherwise limited by statutes, ordinances, and laws applicable to the Public Agency. The Public Agency shall be independently responsible for its own and the selected business' compliance with all additional or varying laws and regulations governing purchases, including all selection laws, retainage and bonds, prevailing wages, and any other appropriate requirements. The Public Agency shall be independently responsible, consistent with applicable laws and its own policies and practices, for the determination that the selected businesses are responsible bidders. The Public Agency also shall be independently responsible to conduct a quotation or bid process consistent with applicable statutes, ordinances, and the requirements of the Public Agency and to enter into a contract directly with the business thus selected. (b) Consultant Roster. The Public Agency will use the Consultant Roster to select businesses for consultant projects, and will do so in accord with all applicable laws and regulations. The Public Agency shall be independently responsible for its own and the selected business' compliance with all additional or varying laws and regulations governing services, including all selection laws, and any other requirements as appropriate. The Public Agency shall be independently responsible, consistent with applicable laws and its own policies and practices, for the determination that the selected businesses are responsible. The Public Agency also shalt be independently responsible to conduct a consultant selection process consistent with applicable statutes, ordinances, and the requirements of the Public Agency and to enter into a contract directly with the business thus selected. i MRSC Rosters SCV Public Agency Contract Page 1 of 4 (c) Vendor Roster. The Public Agency will use the Vendor Roster to award contracts for the purchase of supplies, materials, and equipment not being purchased in connection with public works contracts and limited service contracts as authorized in lieu of the requirements for formal seated bidding. The Public Agency shall be independently responsible for its own and the selected business' compliance with all additional or varying laws governing purchases. The Public Agency shall be independently responsible to conduct a quotation process consistent with applicable statutes, ordinances, and other requirements of the Public Agency and to enter into a contract directly with the business selected. (d) Access to MRSC Rosters. MRSC shalt make the MRSC Rosters and associated applications and qualifications for each available to the Public Agency by providing it with a user name and password for access to MRSC's online database MRSC Rosters. 4. Compensation of Businesses. The Public Agency shall be independently responsible for payments to any business that is selected 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. 5. Effective Date and Term. This Contract shall be effective for a period of one year as of the publication date for the first MRSC biannual advertisement in January or June after the signing of the membership contract by both parties. MRSC will notify the Public Agency of the publication dates of each biannual legal notice the week prior to the publication dates. This Contract may be cancelled by either party as provided in Section 10. 6. Compensation of MRSC. The Public Agency will pay MRSC an annual membership fee based on the Public Agency's total capital expenditures for the most recent complete fiscal year for the services under this Contract or an average of the past 5 years if unusually large projects occurred recently. Total capital expenditures for cities are the total of BARS code lines 594 and 595 and similar BARS codes for other Public Agencies. The amount will be paid in full prior to the publication by MRSC of the first biannual legal notice after the signing of the Contract, which will be either in January or June for the MRSC Rosters, and on the subsequent anniversary dates of the publication date. Based on the Membership Pee Scale, the Public Agency will pay an annual membership of$ W Total Capital Expenditures* Annual Membership Fee Less than 5 $120 5 to 10 $240 10 to 15 $360 15 to 25 $480 25 to 50 $600 More than 50 $900 'Total Capital Expenditures in millions 7. Relationship of Parties. MRSC agrees that it 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 venturers. 8. Limitation of MRSC Liability. MRSC shall not be, directly or impliedly, a party to any contract with small works, consulting, or vendor businesses into which the Public Agency may enter 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. MRSC Rosters SCV Public Agency Contract Page 2 of 4 9. Hold Harmless and Indemnification. Each party shalt defend, indemnify, and hold the other party harmless from any and all claims, injuries, damages, losses, or suits, including attorney fees, arising from any negligent act or omission that party's officers, employees, volunteers, and agents in connection with the performance of this Contract. 10. Termination. This Contract may be terminated, with or without cause, by written notice of either party to the other. Termination shalt 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. 11. Non-assignment. MRSC shall not 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. 12. Governing Law and Venue. This Contract shalt be governed by the laws of the State of Washington. 13. Authority. Each signatory to this Contract represents that he or she has full and sufficient authority to execute this Contract on behalf of MRSC or the Public Agency, as the case may be, and that upon execution of this Contract it shall constitute a binding obligation of MRSC or the Public Agency, as the case may be. 14. Severabitity• Should any clause, phrase, sentence or paragraph of this Contract be declared invalid or void, the remaining provisions of this Contract shalt remain in full force and effect. 15. 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. 16. Public Agency Information. For purposes of Contract administration, the Public Agency provides the following information: (� Official Public Agency Name: Common Public Agency Name (if different): Maiting Address: 22)2, Cd—,5+�i p6x I ) 5C) County: Website• low• 6,hx of a. u Primary Contactt:�^ Alternative Contact: l Name: Qlnt�t�Q� V� 1� u� Name: (L( Title: C Title: �tC V� �m,n Email: ��Qne�_ Ci)M 1�.(6 Email: t GUnaC 5,0C 4t pa. Telephone: y 7 �1(A?� Telephone: -2)100— 411 — LA 900 Facsimile: Facsimile: MRSC Rosters SCV Public Agency Contract Page 3 of 4 17. Signatures. By signing this Contract, the signatories below certify that they have the authority to enter into this Contract, that they agree to payment of fees in accordance with the stated Public Agency Fee Structure and that they agree that the Public Agency shall be bound by and adhere to the Terms and Conditions stated. PUB GENCY MRSC [Signature] [Signature] f` ��rl�I( ((-"r _ MRSC Rosters Manager [Title l [Title] [Date] [Date] Submit signed contract with annual membership fee to: MRSC Rosters Municipal Research and Services Center 2601 Fourth Avenue Suite 800 Seattle, WA 98121-1280 MRSC Rosters SCV Public Agency Contract Page 4 of 4