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Home My WebLink AboutR-2014-120 MRSC Small Works, Consultant, and Vendor Rosters Use Agreement with Municipal Research Services Center RESOLUTION NO. R -2014 -120 A RESOLUTION 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 7 day of October, 2014. ATTEST: Micah awle , Mayor #1 41" WI I Li :: J City Clerk - _. - p 4 1 r i 1 t ,. �'�.,!i h. * _ • Z,,'1 s .3 k • Washington Public Agency Contract _- LT S T 0 Small Works, Consultant, and Vendor 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 Y4 1 M A 1. Purpose. The purposeiof this Contract is to provide the Public Agency with membership in MRSC Rosters which will host its individual Small Public Works Roster ("Small Works Roster"), Consultant Roster ("Consultant Roster "), and Vendor Roster ( "Vendor Roster ") in an online database (collectively, "MRSC Rosters "). MRSC is making membership in the MRSC Rosters available to a number of local government agencies in Washington State to provide them with more efficient and cost effective services.. - 2. Scope of Services. MRSC shall create and maintain the MRSC Rosters as allowed to the Public Agency and other Public Agency members by RCW 39.04.155, Chapter 39.80 RCW, and RCW 39.04.190, respectively. MRSC shall advertise at least biannually for the Small Works Roster, Consultant Roster, and Vendor Roster in accordance with statutory trequirements on behalf of all Public Agency members. MRSC will receive and review small works, consultant, and vendor business (collectively, "business ") applications for compliance with basic statutory eligibility requirements, and will maintain business appliications. 3. Use of MRSC 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 rosters. (a) Small Works Roster. The Public Agency will use the Small Works Roster to select businesses for public work projects up to $300,000 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 all selection laws, retainage and bonds, prevailing wages, and any other appropriate requirements. The Public Agency shall be independently responsible, consistent with applicable laws and its own policies and practices, for the determination that the selected businesses are responsible bidders. The Public Agency also shall be independently responsible to conduct a quotation or bid process consistent with applicable statutes, ordinances, and the - requirements of the Public Agency and to enter into a contract directly with the business thus selected. (b) Consultant. Roster. The Public Agency will use the Consultant Roster to select businesses for consultant projects, and will do so in accord with all applicable laws and regulations. The Public Agency shall be independently responsible for its own and the selected business' compliance with all additional or varying laws and regulations governing services, including all selection laws, and any other requirements as appropriate. The Public Agency shall be independently responsible, consistent with applicable taws 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 Agency and to enter into a contract directly with the business thus selected. MRSC Rosters SCV Public Agency Contract Page 1 of 4 (c) Vendor Roster. The 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 and limited service contracts as authorized in lieu of the requirements for formal sealed bidding. The Public Agency shall be independently responsible for its own and the selected business' compliance 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, and other requirements of the Public Agency and to enter into a contract directly with the business selected. - (d) Access to MRSC Rosters. MRSC shalt make the MRSC Rosters and associated applications and qualifications for each available to the Public Agency by providing it with a user name and password for access to MRS C's online database MRSC Rosters. 4. Compensation of Businesses. The Public Agency shall be independently responsible for payments to any business that is selected 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. •- -• - - - 5. Effective Date and Term. 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 will notify the Public Agency of the publication dates of each biannual legal notice the week prior to the publication dates. This Contract may be cancelled by either party as provided in Section 10. 6. Compensation of MRSC. The Public Agency will pay MRSC an annual membership 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 amount will be paid in full prior to the publication by MRSC of the first biannual legal notice after the signing of the Contract, which will be either in January or June 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 $ 1,400 Total Capital,Expenditures* Annual Membership Fee 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 Expenditures in millions 7. Relationship of Parties. MRSC agrees that it 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. 8. Limitation of MRSC Liability. MRSC shall not be, directly or impliedly, a party to any contract with small works, consulting, or vendor businesses into which the Public Agency may enter 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. MRSC Rosters SCV Public Agency Contract Page 2 of 4 } 9. Hold Harmless and Indemnification. Each party shall defend, indemnify, and hold the other party harmless from any and all claims, injuries, damages, tosses, or suits, including attorney fees, arising from any negligent act or omission that party's officers, employees, volunteers, and agents in connection with the performance 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 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. 11. Non - assignment. MRSC shall not 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. 12. Governing Law and Venue. This Contract 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_MRSC_or_the Public - Agency,_as the case may _be, and - that upon execution of this Contract it shall constitute a binding obligation of MRSC or the Public Agency, as the case may be. 14. 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. 15. 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. 16. Public Agency Information. For purposes of Contract administration, the Public Agency provides the following information: yaNinnoL.... Official Public Agency Name: Cii" Common Public Agency Name (if different): Mailing Address: -la rrinasi D ►V r s i c n y ak►Ma 1 \/Ja. q%9o) Count �,/r�tki Mme._ -- - - Website: \) p1. y k i von . ov Primary Contact: rrte� Alternative Contact: Name: LIC. O W r k rs Name,: Title: 'PIACt InaSiA Manny j- Title: c Per! ;o tBUl -� Email: . 10., Cro qO sick. �- V Email: rans. ma�hiAe �{9'�iievaLJA.9CY Telephone: 'SCA - S to - Wog S `1 Telephone: 50 - 575 , (aoq Facsimile: SGq - S7 to - 1.93,14 Facsimile: 5D9 - S `7 to - l ei 4 MRSC Rosters SCV Public Agency Contract Page 3 of 4 • 17. Signatures. By 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 adhere to the Terms and Conditions s ated. PUBLIC AA CY MRSC [Si r - Ton O' Roux Yee- [Signature] , AIL , MRSC Rosters Manager [Title] [Title] 0— g— I h / [Date] [Date] , Submit signed contract with annual membership fee to:_. MRSC Rosters Municipal Research and Services Center 2601 Fourth Avenue Suite 800 Seattle, WA 98121 -1280 CITY CONTRACT N • ~ RESOLUTION NO: Allitar22P MRSC Rosters SCV Public Agency Contract Page 4 of 4 fIF ~..1 ...,,,..„:.,...„ Ii � � . , ,„...,...,....,. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 5.D. For Meeting of: October 07, 2014 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 Ordinance: Other (Specify): Contract: X Contract Term: Until canceled by either party Start Date: upon date of last signature End Date: ongoing obtained Item Budgeted: Yes Amount: 600.00 Funding Source /Fiscal The cost is split equally between Engineering, Impact: Water and Wastewater, and will not be due until May 1,2015. Strategic Priority: Public Trust and Accountability Insurance Required? No Mail to: Phone: APPROVED FOR SUBMITTAL: City Manager RECOMMENDATION: Adopt resolution authorizing City Manager to execute MRSC Small Works, Consultant, and Vendor Rosters Contract. ATTACHMENTS: Description Upload Date Type MRSC Rosters Resolution 9/9/2014 Resolution MRSC Rosters Contract 9/9/2014 Contract