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(c) Vendor Roster.The Public Agency will use the Vendor Roster to select businesses to award contracts <br /> for the purchase of supplies, materials, and equipment not being purchased in connection with public <br /> works contracts in accordance with RCW 39.04.190, and any ordinances and other laws applicable to the <br /> Public Agency. The Public Agency shall be responsible for its own and the selected business' compliance <br /> with all laws governing such purchases. <br /> 8. Compensation of Businesses. The Public Agency shall be responsible for payments to any business that it <br /> selects as a result of its use of MRSC Rosters. The Public Agency shall make all such payments directly to the <br /> businesses selected by the Public Agency. <br /> 9. Annual Membership Fee. The Public Agency will pay MRSC an annual membership fee based on the five-year <br /> average of the Public Agency's total capital expenditures. Payment of the annual membership fee is due within <br /> thirty(30)days of the Contract effective date. <br /> Based on the following Membership Fee Scale,the Public Agency will pay an annual membership fee of$ <br /> Total Capital Expenditures Annual Membership Fee <br /> Less than 5 million $135 <br /> 5 to 10 million $275 <br /> 10 to 15 million $425 <br /> 15 to 25 million $575 <br /> 25 to 50 million $745 <br /> More than 50 million $1145 <br /> 10. Relationship of Parties. MRSC will perform the services under this Contract as an independent contractor and <br /> not as an agent, employee, or servant of the Public Agency. Nothing in this Contract shall be construed to render <br /> the parties partners or joint ventures. <br /> 11. Limitation of MRSC Liability. MRSC shall not be, directly or impliedly, a party to any contract with small works, <br /> consulting, or vendor businesses which the Public Agency may enter into as a result of the Public Agency's use of <br /> the MRSC Rosters. MRSC does not accept responsibility or liability for the performance of any business used by the <br /> Public Agency as a result of its use of the MRSC Rosters. <br /> 12. Hold Harmless and Indemnification. Each party shall defend, indemnify, and hold the other party harmless <br /> from any and all claims, injuries, damages, losses, or suits, including attorney fees, to the extent arising from any <br /> negligent act of omission of that party's officers, employees, volunteers, and agents in connection with the <br /> performance of this Contract. <br /> 13. Termination.This Contract may be terminated,with or without cause, by written notice of either party to the <br /> other.Termination shall be effective thirty(30) days after written notice.Termination of the contract by the Public <br /> Agency does not entitle the Public Agency to a refund of the membership fee prorated as to the time remaining in <br /> the contract term following termination. <br /> 14. Renewal.This Contract may be renewed annually by completing the online renewal process that includes <br /> confirming that the Public Agency will continue abiding by the terms outlined in this Contract and making payment <br /> within thirty(30)days from the effective date of either May 1 or December 1. <br /> 15. Non-assignment. MRSC shall contract with Strategies 360 for the hosting of the Public Agency rosters in the <br /> online database. MRSC shall not otherwise subcontract or assign any of the rights, duties, or obligations imposed <br /> upon it by this Contract without the prior express written consent of the Public Agency. <br /> MRSC Rosters SCV Public Agency Contract Page 2 of 3 <br />