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Home My WebLink AboutPW15-363 - Original - MRSC - Host Kent's Small Works & Consultant Rosters - 12/01/2015 C Y5 3 I tax ,£x pf KENT ' ,u Document r CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Municipal Research and Services Center of Washington Vendor Number; JD Edwards Number Contract Number: FVNIII This is assigned by City Clerk's Office Project Name: Small Works and Consultant Rosters Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: 12/1/15 Termination Date: 11/30/16 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Nancy Yoshitake/Victoria Robben Department: Engineering/Law Contract Amount: Approval Authority: (CIRCLE ONE) 6epartment Director Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): MRSC shall host the City's Small Public Works Roster and Consultant Roster. As of: 08/27/14 �, i MRSCWashington Public Agency Contract j Small Works and Consultant Rosters 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"), City of Kent, a Washington municipal corporation 1. Purpose.The purpose of this Contract is to provide the Public Agency with membership in MRSC Rosters. �I Z. Scope of Services. MRSC shall host the entire Public Agency's individual Small Public Works Roster ("Small Works Roster") and individual Consultant Roster ("Consultant Roster'), (collectively "Rosters"). MRSC shall advertise at least annually for the Small Works Roster and Consultant Roster in accordance with statutory requirements on behalf of the Public Agency. MRSC will assist small public works and consultant 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. MRSC Rosters SC Public Agency Contract Page 1 of 3 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. 600 Based on the following Membership Fee Scale,the Public Agency will pay an annual membership fee of$ 'Dotal Capital Experadrtn es An" Membersi»ji'Fee Less than 5 million $120 5 to 10 million $240 10 to 15 million $360 15 to 25 million $480 25 to 50 million $600 More than 50 million $900 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 orjoint venturers. 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, lasses, 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 Upwards Technologies 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. 16. Governing Law and Venue. This Contract shall be governed by the laws of the State of Washington. 18. 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. MRSC Rosters SC Public Agency Contract Page 2 of 3 i 19. 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. '.. 20. Public Agency Information. For purposes of Contract administration, the Public Agency provides the following information: Official Public Agency Name: City of Kent, a Washington municipal corporation Common Public Agency Name(if different): ICI Mailing Address: City of Kent 400 West Gowe Street Kent, WA 98032 County: King Type of Public Agency: City (Municipal Corporation) website: www.kentwa.gov Primary Contact: Additional Contact Name: Nancy Yoshitake Name: Victoria Robben Title: Contract Specialist Title: Assistant City Attorney email: Nyoshitake@kentwa.gov Email: Vrobben@kentwa.gov Telephone: 253-856-5508 Telephone: 253-856-5775 Facsimile: 253-856-6500 Facsimile: 253-856-6770 21. 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. PUBUCJIGENCV' /�%7 i MRSC �\ Z ) � r JSignatur� \ [Signature] Suzette Crooke, Mayor _MR_SC Rosters Manager _ [Title] [Title] [Date] .. [Date] -� — MRSC Rosters SC Public Agency Contract Page 3 of 3 1/25/2015 MRSC Rosters x14 # su City of Kent 400 West Gowe Street Kent,WA 98032 Invoice Date: 11/25/2015 Invoice Number: 32589 Service Amount MRSC Rosters (SW/Con): 25 to 50 million in capital expenditure per $ 600 year Date Paid Method Number Amount 11/25/2015 Check 698750 $600 Amount Due: $0 If you have any questions, please contact MRSC Rosters at 206-436-3798 or m rscrosterscm rsc.org httpJ/members.mrscrosters.orcj/paymenUinvo7ice/32589?popup=1 1/1