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1 <br />(b) Consultant Roster. The Public Agency will use the Consultant Roster to select ,businesses for <br />consultant projects, and will do so in accord with all applicable taws and regulations. The Public <br />Agency shall be independently responsible for its own and the setected business' compliance with all <br />additional or varying laws and regulations governing services, including all selection taws, and any <br />other requirements as appropriate. <br />The Public Agency shall be independently responsible, consistent with applicable taws and its own <br />policies and practices, for the determination that the selected businesses are responsible. The Public <br />Agency also shalt be independently responsible to conduct a consultant selection process consistent <br />with -applicable statutes; ordinarrces, atiii !tie sequiieiItietts or the Public Agency dnd-fv enter into a <br />contract directly with the business thus selected. <br />(c) Access to MRSC Rosters. MRSC shalt make the MRSC Rosters and associated applications and <br />qualifications for each available to the Public Agency by providing it with a user name and password for <br />access to MRSC's online database MRSC Rosters. <br />4. Compensation of Businesses. The Public Agency shall be independently responsible for payments to any <br />business that is selected as a result of its use of MRSC Rosters. The Public Agency shall make all such payments <br />directly to the businesses setected by the Public Agency. <br />5. Effective Date and Term. This Contract shalt be effective for a period of one year as of the publication <br />date for the first MRSC biannual advertisement in January or June after the signing of the membership contract <br />by both parties. MRSC wilt notify the Public Agency of the publication dates of each biannual legal notice the <br />week prior to the publication dates. This Contract may be cancelled by either party as provided in Section 10. <br />6. Compensation of MRSC. The Public Agency will pay MRSC an annual membership fee in the amount of <br />$ C10o based on the Public Agency's total capital expenditures for the most recent complete fiscal year for <br />the services under this Contract. Totat capital expenditures for cities are the total of BARS code lines 594 and <br />595 and similar BARS codes for other public agencies. The amount will be paid in full prior to the publication by <br />MRSC of the first biannual legal notice after the signing of the Contract, which will be either in January or June <br />for the MRSC Rosters, and on the subsequent anniversary dates of the publication date. <br />r � To1f�a t s <cees <br />nu <br />a13 ?P e ', <br />Less than 5 <br />$120 <br />5 to 10 <br />$240 <br />10 to 15 <br />$360 <br />15 to 25 <br />$480 <br />25 to 50 <br />• <br />$600 <br />More than 50 <br />$900 <br />*Total capital expenditures in millions <br />7. Relationship of Parties. MRSC agrees that it wilt perform the services under this Contract as an <br />independent contractor and not as an agent, employee, or servant of the Public Agency. Nothing in this <br />Contract shall be construed to render the parties partners or joint venturers. <br />8. Limitation of MRSC Liability. MRSC shall not be, directly or impliedty, a party to any contract with small <br />works, consulting, or vendor businesses into which the Public Agency may enter as a result of the Public <br />Agency's use of the MRSC Rosters. MRSC does not accept responsibility or liability for the performance of any <br />business used by the Public Agency as a result of its use of the MRSC Rosters. <br />MRSC Rosters SC Public Agency Contract Page 2 of 4 <br />57 <br />