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Home My WebLink AboutR-2015-055 MRSC Small Public Works and Consultant Rosters Use Agreement with Municipal Research Services CenterA RESOLUTION RESOLUTION NO. R-2015-055 authorizing the City Manager to execute a contract between the Municipal Research Services Center (MRSC) and the City to utilize MRSC Small Public Works and Consultant Rosters to award public works and consulting contracts. WHEREAS, In Chapter 138, Laws of 2000 and in Chapter 284, Laws of 2001, the Washington State Legislature amended RCW 39 04 155 and other laws regarding contracting for public works by municipalities, allowing certain contracts to be awarded by a small works roster process, and WHEREAS, the Municipal Research and Service Center (MRSC), a nonprofit, maintains small public works and consultant rosters that are utilized by about 350 Public Agencies throughout the State of Washington; and WHEREAS, in order to be able to implement a small works roster process, the City is required by law to adopt a resolution establishing specific procedures, and WHEREAS, the City desires to utilize the MRSC Small Public Works and Consultant Rosters which will benefit the City by saving staff time, and providing a more streamlined, web - based portal for vendor registration, and WHEREAS, the Yakima City Council finds that it is in the best interests of the City to utilize the MRSC Rosters; Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is authorized and directed to execute the attached and incorporated MRSC ROSTERS PUBLIC AGENCY CONTRACT to allow the City of Yakima to utilize the statewide Small Public Works and Consultant Roster maintained by MRSC and thereby avoid unnecessary staff time expended to compile a City -generated roster, as well as to benefit from the efficiency of a central roster system and utilize many additional providers otherwise unknown and therefore unavailable to the City ADOPTED BY THE CITY COUNCIL this 21st day of April, 2015. GG 4 ( ,Jf ayor / l MRSC Washington Public Agency Contract ROSTERSSmall Works and Consultant 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"), The City of Yakima 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") 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 ofthe 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. Based on the following Membership Fee Scale, the Public Agency will pay an annual membership fee of $ Notal'CapitahExpenditiires.,'; Annual. Membership 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 $900 600 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 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, 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 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 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: The City of Yakima Common Public Agency Name (if different): Mailing Address. 129 North 2nd Street Yakima, WA 98901 County. Yakima Type of Public Agency: Municipality Website: www.yakimawa.gov Primary Contact: Name: Sue Ownby Title: Purchasing Manager Email: sue.ownby@yakimawa.gov Telephone: 509-576-6695 Facsimile: 509-576-6394 Additional Contact: Name: Title: Email. Telephone. Facsimile: Maria Mayhue Senior Buyer maria.mayhue@yakimawa.gov 509-575-6094 509-576-6394 21. Signatures. By signing this Contract, the Public Agency signatory below certifies that he/she has the authority to enter into this Contract on - • . the entire Public Agency. PUBLIC 1 CY [Signa ure] City I nager [Title] y� ai-IS� [Date] CITY CONTRACT NO:;0/ S -/ 0 2 RESOLUTION NO: k" -,-)f S "- C) S S MRSC Rosters SC Public Agency Contract [Signature] MRSC Rosters Manager [Title] [Date] (2.7-fibL5 Page 3 of 3 ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 5.C. For Meeting of: April 21, 2015 Resolution authorizing a contract with Municipal Research Services Center (MRSC) to utilize MRSC Small Works and Consultant Rosters Sue Ownby, Purchasing Manager SUMMARY EXPLANATION: As a result of recent MRSC updates to its contract and the inclusion of additional service features the City must enter a new contract for Small Works and Consultant Roster access. Approval of this contract will supersede the previous contract executed on October 7, 2014. Establishing and maintaining timely documentation for these types of rosters is time-consuming, and with an annual cost of only $600, this is the most efficient way to accomplish this task. Resolution: X Other (Specify): Contract: X Start Date: upon date of last signature obtained Item Budgeted: Yes Funding Source/Fiscal Impact: Strategic Priority: Insurance Required? No Mail to: Sue Ownby, Purchasing Phone: 576-6695 APPROVED FOR SUBMITTAL: RECOMMENDATION: Ordnance: Contract Term: Until canceled by either party End Date: ongoing Amount: 600.00 The cost is split equally between Engineering, Water and Wastewater. Public Trust and Accountability City Manager Adopt resolution authorizing City Manager to execute MRSC Small Works and Consultant Rosters Contract ATTACHMENTS: Description Upload Date Type ❑ MRSC Resolution 4/3/2015 Resolution ❑ MRSC Contract 4/3/2015 Contract