HomeMy WebLinkAbout04/21/2015 05C MRSC Small Public Works and Consultant Rosters Use Agreement with Municipal Research Services CenterITEM TITLE:
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
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 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:
Ordinance:
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
121 MRSC Resolution
121 MRSC Contract
Upload Date
4/3/2015
4/3/2015
Type
fesollu.utiion
Contract
A RESOLUTION
RESOLUTION NO. R -2015 -
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.
ATTEST:
City Clerk
1
Mayor
iijj 111111111 III
SCWashington Public Agency Contract
t fSmall 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 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.
Based on the follow'ng Membership Fee Scale, the Public Agency will pay an annual membership fee of $ 600
Total Capital Expenditures
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
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 behalf of the entire Public Agency.
PUBLIC AGENCY MRSC
[Signature]
City Manager
[Signature]
MRSC Rosters Manager
[Title] [Title]
[Date] [Date]
MRSC Rosters SC Public Agency Contract Page 3 of 3