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HomeMy WebLinkAbout10/07/2014 05D MRSC Small Works, Consultant, and Vendor Rosters Use Agreement with Municipal Research Services CenterBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 5.D. For Meeting of: October 07, 2014 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ITEM TITLE: Resolution authorizing a contract with Municipal Research Services Center (MRSC) to utilize MRSC Small Works, Consultant and Vendor Rosters SUBMITTED BY: 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 previous contract executed on January 8, 2010. 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: Phone: APPROVED FOR SUBMITTAL: RECOMMENDATION: Ordinance: Contract Term: Until canceled by either party End Date: ongoing Amount: 600.00 The cost is split equally between Engineering, Water and Wastewater, and will not be due until May 1,2015. Public Trust and Accountability City Manager Adopt resolution authorizing City Manager to execute MRSC Small Works, Consultant, and Vendor Rosters Contract. ATTACHMENTS: Description MRSC Rosters Resolution MRSC Rosters Contract Upload Date 9/9/2014 9/9/2014 Type Resollution Contract A RESOLUTION RESOLUTION NO. R -2014 - authorizing the City manager to execute a contract between the Municipal Research Services Center (MRSC) and the City, to utilize MRSC Rosters Small Works, Consultant, and Vendor Rosters. 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 the Small Works, Consultant and Vendor rosters that are utilized by about 373 Public Agencies throughout the State of Washington; and WHEREAS, in order to be able to implement a small works, consultant and vendor roster process, the City is required by law to adopt a resolution establishing specific procedures; and WHEREAS, the City desires to utilize the MRSC Rosters Small Works, Consultant and Vendor 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 hereby authorized and directed to execute the attached and incorporated MRSC Rosters Small Works, Consultant, and Vendor Rosters Contract to allow the City of Yakima to utilize the statewide Small Works, Consultant and Vendor Rosters, maintained by MRSC thereby avoiding 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 day of , 2014. ATTEST: Micah Cawley, Mayor City Clerk Was'iington Public Agency Contract Small Works, Consultant, and Vendor Rosters This contract the "Contract") is made by and between Municipal Research and Services Center 131 Washington a not-for-profit corporation, and the Washinigton Local government, (the "Public Agency'), YAY " 1. Purpose. The purpose of this Contract is to provide 'the Public ,Agency with inembers,hip th MRSC Rosters which will host its individual Small Public Works, Roster ("Small Works Roster"), Consultant Roser ('''Constittant. Roster")„, and 'Vendor 'Roster ("Vendor Roster") in ,an online datbase (collectively,. "MRS,C. Rosters."). MRSC is ma,king membership in the ,MRSC Rosters available to a number of local government agencies in Washington State to provide them with more efficient a.nd cost effective services.. 2. Scope. of Services, MRSC shall create and maintain the MRSC 'Rosters as .allowed to the Public Agen.c.y and other Public Agency members by RCVil 3904.155, Chapter 39.80 R.CW:„ and RCW :39..04;190, respectively. MRSC. shall advertise at least bia.nnually for the.: Small Works Roster„, iConsultant Roster,. and Vendor Roster in, accordance with statutory requirements on behalf of all Public Agencymembers. MRSC, will receive and review small works„. consultant:, and vendor business (collectively, "business”) applications for compliance with basic statutory eligibility rei,:uirements, and will maintain bitsiness applications. 3. Usesf MRS ./c 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 roisters„ SffrialtylorkS Roster, The 'Public Agency will use the Small Works Roster to, select businesses for public work projects up to 5300000 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 ,a.R. selection Laws, retainage, and bonds., prevailing wages, and any other appropriate requirements. The Public Agency shall be independently responsible, ,consistentwith applicable laws and its, own policies and practices, for the determination that the selected businesses are responsible bidders. The PLhiC Agency also shall be independently responsible to conduct.. a 'quotation, or bid process, consistent with applicable statutes, ordinances, 'arid the requirements of the Public Agency and to enter into a, contractdirectly' with the business thus selected. (b) Consultant Roster. lite Public .Agency will use the. Consultant, Roster to !select ,businesses for consultant projects„ and will do so in accord with alt applicable laws and regulations. The. 'Public Agency shall be independently responsible for its own and .the selected business' compliance with alt additional or varying Laws and regulations :governing services:, including all selection laws, and any other requirerrients as appropriate. The: Public AgenKN shalt be independently responsible, iconsistent with applicable laws and its own policies. and practices, for .the determination that the selected businesses are responsible.. The Public Agency also shall be independently responsible to conduct a consultant selection process consistent with ;applicable statutes., ordinances, and the 'requirements of the Public AgeTICy and to enter into a contract. ,directly with the business .thus selected. MRSC Rosters SCV Public Agency Contract. Page of 4 (c) Vendor, labster„ he 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 arid limited service contracts as authorized in lieu of the requirements for formal sealed bidding.. The Public Agency shall be independently responsible for its ownand the selected businesscompliance 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, arid other requirements of the Public: Agency and to enter int a coltract. directly. with the busines.s seiected.. (d) Access to M.RSC Rosters MRSC shall make the qualifications for each available to the Public Agency for access to M.RSC's online database MRSC Rosters.. 4, Compensation pf Businesses„ The Public Agency shall be business that is selected as a result of its use of MRSC osters, directly to the businesses selected by the Public Agency. 5, Effective, Date and Terri), 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 witI notify the Public Agency of the publication dates of each biannual. legal notice the, .week prior to the publication dates, This Contractnay be cancelled by either party as, provided in Section 10, 6. cqmpensation of MRSC. The Public Agency will pay MRSC an annualmembership 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, amountwill be, paid in full prior to the publication by MRSC of the .first. biannual teai notice after the signing of the Contract, which wilt be either in January or :Arne for the MRSC Rosters, and on the subsequent anniversary dates of the publication date. Based on the .Membership Fee Scale, the Public Agency will pay an annual membership of 5„,„ MRSC Rosters and associated applications and by providing it with a user name and password independently responsible for payments to any The Public Agency shall make all such payments Total Capital Expenditures* Annual Membership Fee Less than 5 5120 $240 5 to 10 110 10 15 •15 to 25 25 to 50 More than 50 5360 $4ELO 5600 5900 *Total Copital ExpenthturesirenUVOns 7, Fetatiorishjpi ofn„unuiParties, MRSC ,agrees that it.. will perform the services under this Contract as an independent contractor and not as an .agent, employee, or servantof the Public. ,A.gency. Nothing in this. Contract shad be construed to render the parties partners or j:oint venturers, UniiQfl tMSC UaU1 MRSC shall not be, ,directly o irnpliedly, a party to any contract withsmall works„ consulting„ or vendor businesses into winch the 'Public .Agency may enter as .a result of the 'Public. Agencys use of the mRsc. Rosters. MRSC does not .acceptresponsibility or liability for t„he 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 o,f 4 9. Hold Harmless, and indemnification. Each party :shall. .defend, indemnify, and hold the other party harmless from any and alt claims, injuries, damages, tosses., or suits,includiiig. attorney fees, arising .from any negligent. :act or omission that o.-rty's officers. .employees, volunteers, and agents in connection with the performa.nce of this Contract. 10. 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 .coritrast. 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 ten-hination. 11. tlon-assfgninent. MSC : shall nol. subcontractor 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 Lwad 'Venue. This Contra.ct shall 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 .1'4RK or the Public Agency, as the case may be, and that upon execution af this Contract it shall constitute a. binding obligation Of MC or the Public .Agency, as the case may be. 14. 5ever:ability,. Should any clause„, phrase, sentence or paragraph of this Contract be .declared invalid or void, the remaining provisions of this .Contractshall remain in full force and effect. 15. complete r1 This This Contract constitutes the entire underst.anding of the parties. Any written or .verbal areements that are not set .forth herein or 'incorporated herein by re:ference are expressly .excluded. 16. Public Agency ihformation. For purposes of Contract adininistration, the Public .Agency provides the .f °Rowing information: Official !Public Agency Name: Common Public Agency Name (if different): Mailing .Address'. Zt 1 orlAD, c • . County; ..„. • „, VJ W:ebsite: LgtM.1...,.L'Ilift Primary Contact atearlt:114 NameTitle;: Email; sir.g.:4111431v Telephone: 509 43.51 Facsimile: ,VIRSC Rosters SCV Public Agency Contract. w Alternative Contact; Name: Titte: Email: Telephone: Facsimile: Itayhat.- „ ' 5i11 H E:1 Lo Page 3 ol! 4 17. Signatures. 13y 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 a ihere to the Terms and Conditions stated PUBLIC AGENCY Sgrturcij 'aim/ , {TWO; [Datel Submit signed contract with annual membership fee to. MRSC Rosters Municipal. Research and Services Center 2601 Fourth Avenue Suite. 8fX1 Seattle, WA 98121-1280 MRSC [Signature] MRSC. asters Manager [Title] [Date] Page 4 of 4, MRS( Rosters SCV 'Public A,gency Contract