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COPY (c) Vendor Roster. The Public Agency will use the Vendor Roster to select businesses to award contracts for the purchase of supplies, materials, and equ!pment not being purchased in ccnnecticn.,vith public works contracts in accorda.nce with RCW 39.04.190, and any ordinances and other-laws applicable to the Public Agency. The Public Agency shall be responsible for its own and the selected business' compliance with all laws governing such purchases. 8. Compensatiol of Businesses. The Public Agency shall be fesponsible 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 br7 the Publie Agency. L Annqal Meqhe,rship Fee, The Public Agency will pay MRSC an annual membership fee based on the five-r7ear' 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. BasedonthefollowingMembershipFeeScale,thePublicAgencywill payanannualmembershipfeeof$ 360.0q Total qapital Expendltures Annual Membership Fee Less than 5 million $120 5 to L0 million Szqo 1.0 to 15 million xx s360 _15 tt) .Z5 rnllllon 5+so 25 to 50 million Sooo More than 50 million $eoo 10, Relationship of Parties. MRSC will perform the services under this Contract as an independent contractor and ngt ?,s qll qgq4!, elnjloyee, q ee[vanlqf the Public Ag-e-ncy. Nothing in this Contr-actshall be construed,.to render the parties partners or joint venturers. 1i, Limitation of MRSC Liabilitv. 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 bythe Public Agency as a result of its use of the MRSC Rosters. 12. Hqld Harmless and lndenrnification. 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 perl'ormance of this Contract. 1.3. 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. Tdrmination 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 ter.ms outlined in this Contract and making payment within thirty (30) days from the effective date of either May L or December 1. 15. N,on:assisnm.gnt. 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 imnncc.lttn^nif hrrihicl'nntr=.f \r,i+la^,!++L'a nrlnr rr'-!++^* -rrl- h r-r' ^r:::ij''J-! uiJUrt ir ut iiiiJluiiiiJLi !Tiiiiuui iiic Piiiii gAPisrr vvrtricil Luil)gilLU, Lile ruulluAggncy, MRSC Rosters SCV Public Agency Contract Page 2 of 3