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Home My WebLink About5180Contract Number: Vendor: Sub�ect: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments : 5180 MRSC ROSTERS Small Works Roster City Clerk LEG 12 1/1/2013 12/31/2013 6/1/2013 w This contract (the "Contract") �s made by and between Mu �cipal Re ar and Serv�ces Center of Washington ("MRSC"), a Washmgton not-for-profit corporat�on, and ' D� r (the "Publ�c Agency") Public AQencv Information Publ�c Agency � D � ��/1,1�/Q /� Ma�lmg Address � !o � �% f7� - lL � � /3i�1 �� G��1 �13a7 �73 County ��"/� Webs�te GUlul.d G�/ •�i'eir�erf� Lc��t� GLs 1 Purpose The purpose of th�s Contract �s to prov�de the Publu Agency v�nth membership m MRSC Rosters wh�ch w�ll host �ts �ndiv�dual Small Public Works Roster ("Small Works Roster") and Consultant Roster ("Consultant Roster") in an onlme database (collect�vely, "MRSC Rosters") MRSC �s mak�ng membership �n the MRSC Rosters available to a number of local government agenaes �n Washington State to provide them �nnth more effu�ent and cost effect�ve sernces. 2. Scope of Serv�ces MRSC shall create and mainta�n the MRSC Rosters as allowed to the Publ�c Agency and other Public Agency members by RCW 39.04 155 and Chapter 39 80 RCW, respectively MRSC shall advert�se at least b�annually for the Small Works Roster and Consultant Roster in accordance with statutory requ�rements on behalf of all Public Agency members. MRSC w�ll receive and rev�ew small works and consultant busmess (collect�vely, "business") applications for comphance �nnth basic statutory el�gibil�ty requ�rements, and will mainta�n bus�ness appl�cat�ons. 3 Use of MRSC Rosters bv Pubhc A�encv As of the date of the f�rst MRSC biannual legal notice �n January or June by occurring after the sigmng of the membersh�p contract by both parties, the Public Agency w�ll use the Small Works Roster and Consultant Roster hosted �n MRSC Rosters as the�r offic�al rosters (a) Small Works Roster. The Public Agency wnll use the Smalt Works Roster to select busmesses for publu work pro�ects up to $300,000 �n value or as otherw�se t�m�ted by statutes, ordinances, and laws applicable to the Public Agency. The Pubbc Agency shall be �ndependently respons�ble for �ts own and the selected business' compliance v�nth all add�t�onal or varymg laws and regulat�ons goverrnng purchases, mcluding all selection laws, reta�nage and bonds, preva�l�ng wages, and any other appropnate requ�rements. The Publ�c Agency shall be mdependently respons�ble, consistent v�nth appl�cable laws and �ts own polu�es and practues, for the determinat�on that the selected bus�nesses are respons�bte bidders. The Publu Agency also shatl be �ndependently respons�ble to conduct a quotat�on or bid process cons�stent v�nth appl�cable statutes, ordinances, and the requ�rements of the Public A�ency and to enter �nto a contract directty w�th the bus�ness thus selected. MRSC Rosters SC Pubhc Agency Contract Page 1 of 4 � (b) Consultant Roster. The Public Agency w�ll use the Consultant Roster to select busmesses for consultant pro�ects, and �nnll do so m accord with all applicable laws and regulat�ons The Public Agency shall be �ndependently respons�ble for its own and the selected bus�ness' compl�ance v�nth all add�t�onal or vary�ng laws and regulations govermng services, including all select�on laws, and any other requirements as appropnate The Pubhc Agency shall be independently responsible, consistent wnth applicable laws and �ts own polic�es and practices, for the determination that the selected busmesses are responsible The Publu Agency also shall be independently responsible to conduct a consultant select�on process cons�stent with appl�cable statutes, ordinances, and the requ�rements of the Publ�c Agency and to enter mto a contract d�rectly with the busmess thus selected (c) Access to MRSC Rosters MRSC shall make the MRSC Rosters and associated appluations and quabfications for each ava�lable to the Public Agency by provid�ng �t with a user name and password for access to MRSC's online database MRSC Rosters 4 Compensat�on of Businesses The Publ�c Agency shalt be independently responsibie for payments to any business that �s selected as a result of �ts use of MRSC Rosters. The Publu Agency shall make all such payments d�rectly to the busmesses selected by the Publ�c Agency 5. Effect�ve Date and Term This Contract shall be effectrve for a penod of one year as of the publ�cation date for the f�rst MRSC biannual advert�sement �n January or June after the sigmng of the membersh�p contract by both part�es MRSC will notify the Publ�c Agency of the publ�cation dates of each biannual legal notue the week pnor to the publuat�on dates Th�s Contract may be cancelled by either party as provided in Section 10 6 Com ensation of MRSC The Public Agency witl pay MRSC an annual membersh�p fee in the amount of $,., based on the Pubtic Agency's total capital expend�tures for the most recent complete fiscal year for the services under th�s Contract. Total capital expenditures for aties are the total of BARS code lines 594 and 595 and sim�lar BARS codes for other public agencies. The amount w�ll be pa�d m full pnor to the publication by MRSC of the first b�annual legal notice after the s�grnng of the Contract, wh�ch w�ll be either in January or June for the MRSC Rosters, and on the subsequent anrnversary dates of the publuation date ` °�= � '� =�i= AnnualsMemberstiip�FeervT^��' � � ;. �Y��..-,' a, - re� a r,.x r�aY.��p�°44�c'4r �r" r_�.. -� v .,a°r_w' � 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 expend�tures ►n mil(ions 7. Relat�onsh�p of Part�es MRSC agrees that �t will perform the services under this Contract as an independent� contractor and not as an agent, emptoyee, or servant of the Public Agency. Nothing m this Contract shall be construed to render the parties partners or �omt venturers 8. Lim�tat�on of MRSC Liab�l�tv. MRSC shall not be, directty or �mpl�edly, a party to any contract w�th small works, consultmg, or vendor bus�nesses �nto which the Public Agency may enter as a result of the Public Agency's use of the MRSC Rosters MRSC does not accept responsib�lity or l�ab�l�ty for the performance of any business used by the Publ�c Agency as a result of its use of the MRSC Rosters MRSC Rosters SC Public Agency Contract Page 2 of 4 � 9 Hold Harmless and indemmficat�on Each party shall defend, mdemmfy, and hold the other party harmless from any and all cla�ms, �n�unes, damages, losses, or su�ts, mcluding attorney fees, ans�ng from any negligent act or om�ss�on that party's officers, employees, volunteers, and agents �n connection wnth the performance of th�s Contract. 10. Term�nation. This Contract may be term�nated, wnth or wnthout cause, by wntten not�ce of either party to the other Terminat�on shall be effectrve thirty (30) days after written notice Term�nat�on of the contract by the Public Agency does not entitle the Pubt�c Agency to a refund of the membersh�p fee prorated as to the t�me rema�mng �n the contract term follov�nng terminat�on. 11 Non-ass�Qnment. MRSC shall not subcontract or ass�gn any of the nghts, duties, or obl�gations imposed upon �t by this Contract wnthout the pnor express wntten consent of the Publ�c Agency 12. GovermnQ Law and Venue. This Contract shall be governed by the taws of the State of Washington. 13 Authontv Each signatory to this Contract represents that he or she has full and suffic�ent authonty to execute th�s Contract on behalf of MRSC or the Publ�c Agency, as the case may be, and that upon execution of this Contract �t shall constitute a b�nd�ng obl�gat�on of MRSC or the Publ�c Agency, as the case may be 14 Severab�l�tv. Should any clause, phrase, sentence or paragraph of th�s Contract be declared �nval�d or vo�d, the rema�rnng prov�s�ons of th�s Contract shall rema�n in futl force and effect. 15. Complete A�reement Th�s Contract const�tutes the entire understandmg of the part�es. Any wntten or verbal agreements that are not set forth here�n or �ncorporated here�n by reference are expressly excluded 16 Contacts For purposes of Contract admirnstration, the Public Agency des�gnates the following contacts Primary Contact Alternat�ve Contact v�f�'NII�DrI( ��ll�.� Name. � + 7 � �� T�tle �1 `�'� CLE�KC G ��re 11 '�V�1VJ. Gt�f.USEmail ��/�/ �t'� `" � � 2-� Telephone C ��J `� - �a�� Facs�m�le Name Trtle Ematl. Telephone Facsimile ��-71-�y I�CEU-�ll� ��G�' ft�ob/ �%�� Ca�h�• K�ll2iqh �� bra�e�►. � , us �3�� f13 - ��a3 C31o�) �'I� — �398 17 S�Qnatures By sigrnng this Contract, the signator�es below certify that they have the authonty to enter into this Contract, that they agree to payment of fees in accordance v�nth the stated Public Agency Fee Structure and that they agree that the Public Agency shall be bound by and adhere to the Terms and Cond�t�ons stated MRSC [S� ature] Execut�ve D�rector [T�tle] ��?LI � [Date] AGENCY [5 nature] '//�i�i✓�iq'L ��{// G� �k�� [T�tle] a �� [Date] MRSC Rosters SC Publu Agency Contract Page 3 of 4 . Subm�t signed contract w�th annual membersh�p fee to MRSC Rosters Mumc�pal Research and Services Center 2601 Fourth Avenue Suite 800 Seattle, WA 98121-1280 MRSC Rosters SC Publ�c Agency Contract Page 4 of 4