This Agreement is made between the Municipal Research and Services Center of Washington (MRSC), a Washington non-profit corporation, and the Public Agency (Public Agency).
1. Purpose of Agreement
MRSC currently hosts three roster types (vendor lists): Small Works, Consultant, and Vendor (collectively, “Rosters”). The purpose of this Agreement is to grant Public Agency access and use of MRSC Rosters as a membership service under the terms and conditions outlined herein.
2. Services Provided by MRSC
A. Roster Hosting and Business Support
MRSC will offer ongoing assistance to contractors, consultants, and vendors (collectively, “Businesses”) with registration. Through the MRSC registration process businesses will select which Public Agencies they would like to do business with based on the categories of work they perform and business service areas.
Businesses will be screened through the Office of Minority and Women Business Enterprises (OMWBE), and businesses certified by OMWBE will be identified as such on their account information. Contractors registering for the statewide small works roster will be screened through the Department of Labor and Industries. Contractors that are not licensed by L&I will not be able to register with MRSC Rosters.
B. Statutory Noticing
Twice annually, MRSC will publicly advertise and request applications to Small Works, Consultant, and Vendor Rosters on the Public Agency’s behalf, consistent with RCW 39.04.190 and RCW 39.04.152(7). The public advertising consists of posting the required legal notice in a newspaper of general circulation relative to the Public Agency’s location. Notices will be placed on, or during the week of, the first Monday of January and June.
C. Publicly Available Small Works Data
MRSC will maintain all small works award data and information that public agencies enter into the roster platform. This information will be posted on a live, public-facing website, in accordance with RCW 39.04.152(6) and RCW 39.04.200.
3. Term
This Agreement takes effect on the date the Public Agency indicates agreement by attestation and continues for one year, unless earlier terminated in accordance with section 12 of this Agreement or renewed as outlined in section 13 of this Agreement.
4. Public Agency Access
While this Agreement is effective, the Public Agency will have full and unrestricted user access to the MRSC Rosters database at www.mrscrosters.org, using unique access login credentials provided by MRSC.
5. Fee
An annual fee is required for the Public Agency to use MRSC Rosters. Fees are subject to change by MRSC Rosters; current fees are listed at https://mrscrosters.org/public-agencies/pricing/
6. Business Notification
Effective immediately upon this Agreement’s execution, the Public Agency may begin to direct interested Businesses to register with MRSC Rosters, selecting the Public Agency as a potential client.
7. Public Agency Roster Use and Compliance
By entering into this Agreement and using MRSC Rosters, the Public Agency acknowledges MRSC acts solely as a service provider, and not as a buyer, contracting officer, legal counsel, or auditor.
As a condition of its access to MRSC’s rosters, Public Agency is responsible for its appropriate and lawful roster use. Public Agency also agrees to adopt any required resolutions, ordinances, or rules (State Agency) for its roster use under this Agreement, and to maintain procedures which ensure Public Agency compliance with all applicable public procurement and contracting laws and regulations.
Public Agency agrees its selection and use of a particular MRSC Roster type is its commitment to exclusively using the selected MRSC roster type, and it will not maintain or use a separate roster for the selected roster type.
Public Agency and any business(es) the Public Agency selects from an MRSC roster must comply with all applicable laws and regulations pertaining to public works contracting (including retainage, bonds, and prevailing wages), professional service procurement, and purchases.
A. Small Works Roster
MRSC Rosters is the official statewide small works roster host. The Public Agency’s use of the Small Works Roster for construction projects must be in accordance with RCW 39.04.151-154 and Chapter 39.04 RCW generally for applicable public works contracting requirements.
B. Consultant Roster
The Public Agency may use the Consultant Roster for the selection of consultants to perform services consistent with applicable laws and ordinances (including Chapter 39.80 RCW for architectural and engineering services).
C. Vendor Roster
If authorized by statute, the Public Agency may use the Vendor Roster to purchase supplies, materials, and equipment not connected with public works contracts, in accordance with RCW 39.04.190 and other applicable laws and ordinances.
8. Contract Costs and Payments
The Public Agency is solely responsible for any and all payments to a Business it selects through an MRSC Roster. Public Agency shall pay a selected business directly according to the terms of any separate contract it enters with the selected business.
9. Relationship of Parties
MRSC shall perform its services under this Agreement as an independent contractor. Nothing in this Agreement shall be construed to create an agency, employment, partnership, or joint venture relationship between MRSC and Public Agency.
10. Limitation of MRSC Liability
MRSC is not a party to any contract between Public Agency and a Business it selects from an MRSC roster. MRSC assumes no responsibility or liability for the performance of any Business a Public Agency selects through MRSC Rosters.
11. 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 the indemnifying party’s officers, employees, volunteers, or agents in connection with this Agreement’s performance.
12. Termination
Either party may terminate this Agreement, with or without cause, by providing thirty (30) days’ written notice to the other. Termination by the Public Agency does not entitle it to a prorated refund of the membership fee.
13. Renewal
This Use Agreement will not automatically renew and must be renewed annually by completing the online renewal process, which includes confirming continued adherence to these terms and submitting payment within thirty (30) days from the renewal effective date. If payment is not received within ninety (90) days from the renewal effective date, the public agency membership will become inactive until payment is received.
14. Governing Law and Venue
This Agreement shall be governed by the laws of the State of Washington.
15. Severability
Should any provision of this Agreement be declared invalid or void, the remaining provisions shall remain in full force and effect.
16. Entire Agreement
This Agreement constitutes the entire understanding between the parties, superseding all prior written or verbal agreements not expressly incorporated herein by reference.