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HomeMy WebLinkAboutCAG2023-559 - Original - Municipal Research and Services Center of WA (MRSC) - Small Public Works Roster: Public Agency Membership - 11/03/2023 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: Agreement Routing Form Dir Asst: • For Approvals,Signatures and Records Management Dir/Dep: KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover (Optional) WASHINGTON Sheet forms. Originator: Department: T. Reyes-Selden for T. White Law Date Sent: Date Required: c 11/03/2023 N/A Q Director or Designee to Sign. Date of Council Approval: Q 5/19/2015 Budget Account Number: -AL Grant? Yes ZNo Budget?:Yes[Z]No Type: N/A Vendor Name: Category: Municipal Research and Services Center of Washington(MRSC) Contract Vendor Number: Sub-Category: = Original 0 Project Name: Small Public Works Roster - Public Agency Membership E c ProjectDetails:The purpose of this contract is to provide the City with � p p p Y c membership in MRSC Rosters EAgreement Amoun 745.00 Basis for Selection of Contractor: Other QJ *Memo to Mayor must be attached IStart Date: 11/3/2023 Termination Date: 12/01/2024 Q Local Business?F--]YesF--]No* If meets requirements per KCC 3.70.100,pleose complete'Vendor Purchose-Locol Exceptions"form on Cityspoce. Business License Verification:Yes:In-Process:Exempt(KCC 5.01.045) Notice required prior to disclosure? Contract Number: :YesDNo CAG2023-559 Comments: p1 _ P 7 30 a, N •� i � 3 a+ f0 _ N date Routed to the City Clerk's Offid 11/3/23 Interlocal Agreement has been uploaded to website: adccW22313_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20210513 Public Agency Information Official Public Agency Name: City of Kent Common Public Agency Name: Address: 400 West Gowe Street Kent, WA 98032 Public Agency Type: City/Town Website: www.kentwa.gov Rosters Administrative Contact Name Karin Bayes Title: Contract Specialist Email: kbayes@kentwa.gov Phone: 253-856-5657 Extension: Additional Contact Name Tania Reyes-Selden Title: Paralegal and Policy Analyst Email: trselden@kentwa.gov Phone: 253-856-5791 Extension: MRSC Administrative Contact: No Read and Sign Contract Washington Public Agency Contract: Small Works and Consultant 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") listed above. 1. 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") . MRSC shall advertise at least annually for the Small Works Roster, Consultant Roster in accordance with statutory requirements on behalf of the Public Agency. MRSC will assist small public works, consultant 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 on the date in which it is signed by the Public Agency and terminate one year from the effective date, unless renewed as set forth in Section 14. 4. Access to MRSC Rosters by Public Agency. 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. The Public Agency may search for and view business applications and may contact businesses about roster projects as of the effective date of the Contract. 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. 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 Contract effective date all departments of the Public Agency will discontinue use of any non-MRSC 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. 8. Compensation of Businesses. The Public Agency shall be responsible for payments to any business that it selects through 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 $ Total Capital ExpendituresAnnual Membership Fee Less than 5 million $135 5 to 10 million $275 10 to 15 million $425 Total Capital ExpendituresAnnual Membership Fee 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 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. 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. 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. On behalf of the agency, I confirm that I have read and agree to the contract: Yes Full Name: Tania Reyes-Selden Position: Paralegal and Policy Analyst Contract Date: 11/03/2023 Fee Total Capital Expenditures (based on the five year average): 25 to 50 million= $745 Membership Information Date Account Created: 11/25/2015 17:33 PM Contract: Small Works/Consultant Expiration Date: 12/01/2024 Reyes-Selden, Tania From: White, Tammy Sent: Wednesday, November 1, 2023 10:15 AM To: Reyes-Selden, Tania Subject: RE: MRSC Rosters Public Agency Renewal - 30-Day Reminder Follow Up Flag: Follow up Flag Status: Flagged Yes, I delegate to you my director-level authority to electronically sign the associated contract through the renewal process. Please send a complete copy of the downloaded contract to the City Clerk's Office to retain once it's complete. Thanks! Tammy White, City attorney City of Kent I Civil Division I Office of the City Attorney Direct Line 253-856-5774 1 Email twhite0kentwa.gov THIS MESSAGE IS PRIVATE AND PRIVILEGED. IF YOU ARE NOT THE PERSON MEANT TO RECEIVE THIS MESSAGE, PLEASE DELETE IT AND PLEASE DO NOT COPY OR SEND IT TO ANYONE ELSE. [Internal Use Only: T = ; C = ; N/A: ] From: Reyes-Selden,Tania <TRSelden@kentwa.gov> Sent: Wednesday, November 1, 2023 9:49 AM To:White,Tammy<TWhite@kentwa.gov> Subject: FW: MRSC Rosters Public Agency Renewal -30-Day Reminder Hi Tammy, The City's MRSC account is set to expire in 30 days and I would like to move forward with the renewal. When you log into the account, there is a prompt to start the renewal process which I imagine will end in a contract similar to the one attached here. Just want to confirm I have permission to start this process? i iviKZ:) ROSTERS City of Kent ROSTERS ACCOUNT SETTINGS FAQ SUPPORT Account Created: 11/25/2015 I Account Status:Active I'm not 100% sure of the questions it will ask but will be sure to reach out if there are any questions as I go through. However, Kelly did leave me this email with regard to MRSC renewal so I imagine I should send the same one out to Michelle now. I will also plan to pay with my P-card but attaching this email string as a reminder - when it comes time to allocate the charge for the renewal, I will split the cost evenly between PW and Parks. Let me know if any questions or if I can move forward after confirming that bit of info with Michelle. Thanks! Tania Reyes-Selden, Paralegal & Policy Analyst Civil Division I Office of the City Attorney 220 Fourth Avenue South, Kent, WA 98032 Direct Line 253-856-5791 1 Fax 253-856-6770 trselden@KentWA.gov CITY OF KENT,WASHINGTON KentWA.sov Facebook Twitter YouTube PLEASE CONSIDER THE ENVIRONMENT BEFORE PRINTING THIS E-MAIL THIS MESSAGE IS PRIVATE AND PRIVILEGED.IF YOU ARE NOT THE PERSON MEANT TO RECEIVE THIS MESSAGE,PLEASE DELETE IT AND PLEASE DO NOT COPY OR SEND IT TO ANYONE ELSE. From: MRSC Rosters<mrscrosters@mrsc.org> Sent: Wednesday, November 1, 2023 1:02 AM To: Reyes-Selden,Tania <TRSelden@kentwa.gov> Subject: MRSC Rosters Public Agency Renewal -30-Day Reminder EXTERNAL EMAIL 2 It's time to renew your MRSC Rosters membership. The City of Kent account in MRSC Rosters will expire in 30 days. Please log in at www.mrscrosters.org to confirm that your information is current and to pay the annual membership fee. As a reminder, our renewal contracts are now fully online, but you still have the option of paying online or sending in a check.* When you log into your account, you'll be prompted to complete your renewal. *Do you still prefer a paper copy of the contract? Let us know! If you already requested one, we'll send that to you shortly. Because your annual fee might change based on your five-year average expenditures, your invoice is generated after you select your annual fee in the renewal process. You can find all of your invoices on the bottom of your Account Settings page. Your account will lock on 12/01/2023 if it is not renewed. If you have any questions, please respond to this message with your public agency name. Please note that MRSC is now offering electronic bidding (powered by Bonfire) in support of Local Government Public Works. This offering will allow agencies to streamline the bidding process, increase transparency, and enhance competition among vendors. Learn more and sign up at MRSC Electronic Bidding Thank you, MRSC Rosters 3 non-profitMRSC Rosters is a service of the ... effective local goWashington State through trusted consultation, research, training, and collaboration. Visit MRSC. . . I www.mrscrosters.org 0 4