Temporary IT Staffing Services

Request for Bids Specification No. ####-###### Template Revised: 11/24/2020 Page 1 of 1 CITY OF TACOMA / TACOMA POWER / UTILITY TECHNOLOGY SERVICES REQUEST FOR PROPOSALS TEMPORARY IT STAFFING SERVICES SPECIFICATION NO. PI21-0535F Form No. SPEC-040C Revised: 05/25/2021 City of Tacoma Tacoma Power / Utility Technology Services REQUEST FOR PROPOSALS PI21-0535F Temporary IT Staffing Services Submittal Deadline: 11:00 a.m., Pacific Time, Tuesday, October 12, 2021 Submittals must be received by the City’s Procurement and Payables Division prior to 11:00 a.m. Pacific Time. For electronic submittals, the City of Tacoma will designate the time of receipt recorded by our email, bids@cityoftacoma.org, as the official time of receipt. This clock will be used as the official time of receipt of all parts of electronic bid submittals. Submittal Delivery: Sealed submittals will be received as follows: By Email:

href="mailto:bids@cityoftacoma.org">bids@cityoftacoma.org Maximum file size: 35 MB. Multiple emails may be sent for each submittal. Bid Opening: Held virtually each Tuesday at 11AM. Attend via this link or call 1 (253) 215 8782. Submittals in response to a RFP will be recorded as received. As soon as possible, after 1:00 PM, on the day of submittal deadline, preliminary results will be posted to www.TacomaPurchasing.org. Solicitation Documents: An electronic copy of the complete solicitation documents may be viewed and obtained by accessing the City of Tacoma Purchasing website at www.TacomaPurchasing.org. • Register for the Bid Holders List to receive notices of addenda, questions and answers and related updates. • Click here to see a list of vendors registered for this solicitation. Pre-Proposal Meeting: A pre-proposal meeting will not be held. Project Scope: The City of Tacoma Utility Technology Services department is soliciting proposals for establishing one or more contracts providing supplemental support and professional services on as as-needed basis for a five year period. Estimate: $12,000,000.00 Paid Sick Leave: The City of Tacoma requires all employers to provide paid sick leave as set forth in Title 18 of the Tacoma Municipal Code. For more information, visit our Minimum Employment Standards Paid Sick Leave webpage. Americans with Disabilities Act (ADA Information: The City of Tacoma, in accordance with Section 504 of the Rehabilitation Act (Section 504) and the Americans with Disabilities Act (ADA), commits to nondiscrimination on the basis of disability, in all of its programs and activities. Specification materials can be made available in an alternate format by emailing Gail Himes at ghimes@cityoftacoma.org, or by calling her collect at 253-591-5785. Title VI Information: “The City of Tacoma” in accordance with provisions of Title VI of the Civil Rights Act of 1964, (78 Stat. 252, 42 U.S.C. sections 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin in consideration of award. Additional Information: Requests for information regarding the specifications may be obtained by contacting Seth Hartz, Senior Buyer by email to shartz@cityoftacoma.org Protest Policy: City of Tacoma protest policy, located at www.tacomapurchasing.org, specifies procedures for protests submitted prior to and after submittal deadline. Meeting sites are accessible to persons with disabilities. Reasonable accommodations for persons with disabilities can be arranged with 48 hours advance notice by calling 253-502-8468. mailto:bids@cityoftacoma.org mailto:bids@cityoftacoma.org https://us02web.zoom.us/j/83250498294 https://www.cityoftacoma.org/cms/One.aspx?portalId=169&pageId=22848 http://www.tacomapurchasing.org/ http://www.ci.tacoma.wa.us/45bidsapps/PlanholderRegister.aspx http://www.ci.tacoma.wa.us/45bidsapps/PlanholderList.aspx https://www.cityoftacoma.org/cms/one.aspx?pageId=75860 https://www.cityoftacoma.org/cms/one.aspx?pageId=75860 mailto:ghimes@cityoftacoma.org http://cms.cityoftacoma.org/Purchasing/CandA/ProtestPolicy052711.pdf http://www.tacomapurchasing.org/ Table of Contents Request for Proposals Submittal Checklist SECTION 1 – Project Information and Requirements A. Project Overview B. Inquiries to RFP C. RFP Revisions D. Calendar of Events E. Contract Term F. Commitment of Firm Key Personnel G. Proposal Format and Presentation H. Confidential or Proprietary Information I. Evaluation Criteria J. Content to be Submitted K. Interviews / Oral Presentations L. Award M. Environmentally Preferable Procurement N. Equity in Contracting O. Paid Leave P. Costs to Prepare Submittal Q. Acceptance/Rejection of Proposals R. Acceptance of Proposal Contents S. Contract Obligation T. Partnerships SECTION 2 – Project Scope A. Scope of Work and Deliverables Appendix A • Signature Page Appendix B • City of Tacoma Insurance Requirements • Sample Contract • Sample Task Assignment • Standard Terms and Conditions SUBMITTAL CHECK LIST This checklist identifies items to be included with your submittal. Any submittal received without these required items may be deemed non-responsive and not be considered for award. Submittals must be received by the City of Tacoma Purchasing Division by the date and time specified in the Request for Proposal page. The following items make up your submittal package: Information in Section I (Content To Be Submitted in Section J2 – J10) Signature Page (Appendix A) After award, the following documents will be executed: Services Contract incorporating these specifications and vendor submittal Certificate of Insurance and related endorsements SECTION 1 – PROJECT INFORMATION AND REQUIREMENTS A. PROJECT OVERVIEW The City of Tacoma (City) / Tacoma Public Utilities (TPU), Tacoma Power Utility Technology Services, Project Management Office is soliciting proposals to establish one or more contracts with qualified firms to provide supplemental support and professional services on an as-needed basis for a five year period at predetermined rates. For each engagement, the City will solicit individual resumes from contracted firms via a Task Assignment. Following a review of resumes, the City will select the best qualified individuals to interview. The contracted firm able to provide the best qualified individual will be assigned the engagement. Subsequent to contract award(s), the City will solicit proposals for each project or job (Task Assignment), inclusive of consultant resumes and proposed roles, from contracted firms. Proposals submitted and/or the selected Consultant(s) may be used for projects of similar type and scope at the sole discretion of the City for up to one year, and may be extended for longer periods depending on the needs of the engagement. To learn more about the Tacoma Public Utilities, visit www.mytpu.org. B. INQUIRIES TO RFP No Pre-proposal conference is being held; however, questions and request for clarifications of the specifications may be submitted in writing by 3:00 p.m., Pacific Time, September 17, 2021, to Seth Hartz, Purchasing Division, via email to shartz@cityoftacoma.org. No further questions will be accepted after this date and time. The City will not be responsible for unsuccessful submittal of questions. Written answers to all questions submitted will be posted on the Purchasing website at www.TacomaPurchasing.org on or about September 24, 2021. The City reserves the discretion to group similar questions to provide a single answer or not to respond when the requested information is confidential. The answers are not typically considered an addendum. C. RFP REVISIONS In the event it becomes necessary to revise any part of this RFP, addenda will be issued to all registered planholders and posted on the Purchasing website. Answers in response to RFP inquiries (see Section 1.C. above) are not typically provided as an addendum. D. CALENDAR OF EVENTS – This is a tentative schedule only and may be altered at the sole discretion of the City. Publish and issue RFP Pre-Proposal Questions Response to Questions September 13, 2021 September 17, 2021 September 24, 2021 http://www.tacomapurchasing.org/ Submittal Due Date Submittals evaluated, on or about Interviews/presentations, on or about Award recommendation, on or about Public Utility Board/City Council approval, on or about October 12, 2021 October 22, 2021 November 01, 2021 November 12, 2021 January 2022 This is a tentative schedule only and may be altered at the sole discretion of the City. E. CONTRACT TERM The contract will be for a five year period. The City reserves the right to cancel the contract for any reason, by written notice, as stipulated in the contract. F. COMMITMENT OF FIRM KEY PERSONNEL The Respondent agrees that key personnel identified in its submittal or during contract negotiations as committed to this project will, in fact be the key personnel to perform during the life of this contract. Should key personnel become unavailable for any reason, the selected Respondent shall provide suitable replacement personnel, subject to the approval of the City. Substantial organizational or personnel changes within the agency are expected to be communicated immediately. Failure to do so could result in cancellation of the Contract. Specific language pertaining to personnel substitution is contained within the sample contract in Appendix A. G. PROPOSAL FORMAT AND PRESENTATION Respondents are encouraged to use recycled/recyclable products and both sides of paper for printed and photocopied materials, wherever possible Proposals should present information in a straightforward and concise manner, while ensuring complete and detailed descriptions of the respondent’s/team’s abilities to meet the requirement of this RFP. Emphasis will be on completeness of content. The written proposals should be prepared in the sequential order as outlined below. H. CONFIDENTIAL OR PROPRIETARY INFORMATION The Washington State Public Disclosure Act (RCW 42.56 et seq.) requires public agencies in Washington make public records available for inspection and copying unless they fall within the specified exemptions contained in the Act, or are otherwise privileged. Documents submitted under this RFP shall be considered public records and, with limited exceptions, will be made available for inspection and copying by the public. Information that is confidential or proprietary must be clearly marked. Further, an index must be provided indicating the affected page number(s) and location(s) of all such identified material. Information not included in said index will not be reviewed for confidentiality or as proprietary before release. https://apps.leg.wa.gov/RCW/default.aspx?cite=42.56 I. EVALUATION CRITERIA A Selection Advisory Committee (SAC) will review and evaluate submittals. After the evaluation the SAC may conduct interviews of the most qualified Respondents before final selection. The SAC may select one or more Respondents to provide the services required. The SAC may use references to clarify information in the submittals and interviews, if conducted, which may affect the rating. The City reserves the right to contact references other than those included in the submittal. J. CONTENT TO BE SUBMITTED Respondents are to provide complete and detailed responses to all items below. Submittals that are incomplete or conditioned in any way that contain alternatives or items not called for in this RFP, or not in conformity with law, may be rejected as being non-responsive. The City will not accept any submittal containing a substantial deviation from the requirements outlined in this RFP. Submittals should present information in a straightforward and concise manner, while ensuring complete and detailed descriptions of the respondent’s/team’s abilities to meet the requirement of this RFP. Emphasis will be on completeness of content. The written submittals should be prepared in the sequential order as outlined below. The City reserves the right to request clarification of any aspect of a firm’s submittal, or request additional information that might be required to properly evaluate the submittal. A firm’s failure to respond to such a request may result in rejection of the firm’s submittal. Firms are required to provide responses to any request clarification within two (2) business days. Requests for clarification or additional information shall be made at the sole discretion of the City. The City’s retention of this right shall no way diminish a Proposer’s responsibility to submit a submittal that is current, clear, complete and accurate. The relative weight of each scoring criteria is indicated in the table below. Criteria Max Points Qualifications / Experience of Firm 25 Qualifications / Experience of Key Personnel 20 Fees and Charges / Method of Billing / Hourly 15 Approach/Methods Used to Provide Services 15 Client References 15 Sustainability Efforts 5 Equity in Contracting 5 Credit Card Acceptance 0 Contract Exceptions 0 Total 100 Organization of the submittal shall follow the sequence of contents below so that essential information can be located easily during evaluation. 1. Executive Summary a. A short history and description of your firm, including years in business, annual revenues, number of employees, organizational structure, services, areas/regions served, etc. b. Background information of the parent company, if any. c. Presence, if any, in the Puget Sound/Pacific Northwest region. d. Location of the office from which work will be performed. e. Name, title, email address, and telephone number of the person authorized to execute a contract on behalf of the Respondent. 2. Qualifications / Experience of Firm – 25 points a. Describe the experience your firm has had within the last three years in providing the consulting services solicited b. Describe the experience your firm has had providing the consulting services to government and public utility clients c. Describe the type of and number of successful engagements and the roles of consultants placed by your firm in the last year. What was the average time (in days) to submit proposals for subsequent Task Assignments? d. Describe how you ensure client satisfaction with consulting services. Describe the process that will be used to resolve performance issues with consultant placements. 3. Qualifications / Experience of Key Personnel – 20 points a. Provide a description of the job roles and skills that are proposed to service this account, including, but not limited to, account executive, project manager, lead, senior or base level consultant. b. Provide a resume of the key account executive that would be servicing the City. If more than one account executive would be assigned (one for each category, for example), include resumes for each and clearly identify their roles. Include experience and number of year performing consulting placements, education, training, certifications relevant to this RFP, and number of years with your firm. c. Describe your firm’s commitment to maintaining continuity of the assigned key account executive(s). d. Provide a resume of the key personnel and their role that would be serving the City to include experience and number of year performing consulting placements, education, training, certifications relevant to this RFP, and number of years with your firm. 4. Fees and Charges / Method of Billing / Hourly Rates – 15 points a. Provide the method of billing and hourly range of rates for each job role by category. Rates must include all labor and expenses, including travel and any tools or costs required to service the account and complete the work. b. Billing rates under any contract from this RFP shall be firm throughout each year of a contract term and subject to escalation at the end of each year. Requests for price escalation shall be submitted in writing. The City reserves the right to accept or reject all price adjustments. 5. Approach/Methods Used to Provide Services – 15 points a. Describe the methods your firm employs to identify the appropriate consultant(s) for a given Task Assignment. b. Describe the methods your firm employs to place and manage consultants. c. Describe how you checked background and verify consultant experience, skill, training, etc. 6. Client References – 15 points a. Provide three client references able to verify the firm’s overall expertise for this type of work. The references must have worked with the firm within the last three years. Provide complete information such as name of company, contact person, address, phone number, and email address. 7. Equity in Contracting – 5 points Is your firm, or the firm you are partnering with, certified with Washington State for any of the below categories (select all that apply)? Confirmation of designation as any of the below will award all points for this category. ☐ Combination Business Enterprise (CBE) ☐ Disadvantaged Business Enterprise (DBE) ☐ Minority Business Enterprise (MBE) ☐ Minority/Women Business Enterprise (MWBE) ☐ Small Business Enterprise (SBE) ☐ Socially and Economically Disadvantaged Business Enterprise (SEDBE) ☐ Women Business Enterprise (WBE) 8. Sustainability – 5 points Provide information on your company’s commitment to the environment. Include your sustainability statement and current practices. 9. Credit Card Acceptance - 0 points Provide a statement regarding your ability to meet the City’s credit card requirements as well as identifying your reporting capabilities (Level I, II, or III). This information is not a consideration in the evaluation process. 10. Contract Exceptions - 0 points Do you take exceptions to any of the City of Tacoma's Standard Terms and Conditions? K. INTERVIEWS / ORAL PRESENTATIONS An invitation to interview may be extended to Respondents based on SAC review of the written submittals. The SAC reserves the right to adjust scoring based on additional information and/or clarifications provided during interviews. The SAC may determine scoring criteria for the interviews following evaluation of written submittals. The City reserves all rights to begin contract negotiations without conducting interviews. Respondents must be available to interview within three business days’ notice. If interviews are conducted, the SAC will schedule the interviews with the contact person provided on the signature page. Additional interview information will be provided at the time of invitation. At this time, it is anticipated that the main objective of the interview will be for the SAC to meet the project manager and key personnel that will have direct involvement with the project and hear about their relevant experience and expertise. The City does not intend to meet with firm officials unless they are to be directly involved with the project. L. AWARD After the Respondent(s) is selected by the SAC and prior to award, all other Respondents will be notified in writing by the Purchasing Division. Once a finalist (or finalists) has been selected by the Selection Advisory Committee, contract negotiations with that finalist(s) will begin, and if a contract is successfully negotiated, it will, if required, be submitted for final approval by the Public Utility Board and/or City Council. M. ENVIRONMENTALLY PREFERABLE PROCUREMENT In accordance with the City’s Sustainable Procurement Policy, it is the policy of the City of Tacoma to encourage the use of products or services that help to minimize the environmental and human health impacts of City Operations. Respondents are encouraged to incorporate environmentally preferable products or services that have a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose. This comparison may consider raw materials acquisition, products, manufacturing, packaging, distribution reuse, operation, maintenance or disposal of the product or service. The City of Tacoma encourages the use of sustainability practices and desires any awarded contractor(s) to assist in efforts to address such factors when feasible for: • Reduction of pollutant releases • Toxicity of materials used • Waste generation • Greenhouse gas emissions, including transportation of materials and services • Recycle content • Comprehensive energy conservation measures • Waste manage reduction plans • Potential impact on human health and the environment N. EQUITY IN CONTRACTING The City of Tacoma is committed to encouraging firms certified through the Washington State Office of Minority and Women’s Business Enterprise to participate in City contracting opportunities. See the TMC 1.07 Equity in Contracting Policy at the City’s Equity in Contracting Program website. O. PAID LEAVE Effective February 1, 2016, the City of Tacoma requires all employers to provide Paid Leave and Minimum Wage, as set forth in Title 18 of the Tacoma Municipal Code. For more information visit http://www.cityoftacoma.org/employmentstandards. P. COSTS TO PREPARE SUBMITTAL The City is not liable for any costs incurred by the Respondent for the preparation of materials or a proposal submitted in response to this RFP, for conducting any presentations to the City, or any other activities related to responding to this RFP. Q. ACCEPTANCE/ REJECTION OF PROPOSALS Respondents are advised that the City reserves the right to cancel award of this Contract at any time before execution of the Contract by both parties if cancellation is deemed to be in the City’s best interest. In submitting a Proposal, Respondents agree that the City is not liable for any costs or damages for the cancellation of an award. The Respondent assumes the sole risk and responsibility for all expenses connected with the preparation of this submittal. The City reserves the right and holds at its discretion the following rights and options: • To waive any or all informalities • To award one or more contracts • To not award a contract • To issue subsequent solicitation R. ACCEPTANCE OF PROPOSAL CONTENTS The Proposal contents of the successful Respondent will become contractual obligations if a contract ensues. S. CONTRACT OBLIGATION The selected Respondent(s) will be expected to execute a contract with the City. As part of the negotiation process, Respondents may propose amendments to the contract, but the City, at its sole option, will decide whether to open discussion on each proposed amendment and https://omwbe.diversitycompliance.com/ https://omwbe.diversitycompliance.com/ https://www.cityoftacoma.org/cms/one.aspx?portalId=169&pageId=112505 http://www.cityoftacoma.org/employmentstandards determine the final contract to be used. At a minimum, any contract will incorporate the terms and conditions contained herein. T. PARTNERSHIPS The City will allow firms to partner in order to respond to this RFP. Respondents may team under a Prime Respondent’s submittal in order to provide responses to all sections in a single submission; however, each Respondent’s participation must be clearly delineated by section. The Prime Respondent will be considered the responding vendor and the responsible party at contract award. All contract negotiations will be conducted only with the Prime Respondent. All contract payments will be made only to the Prime Respondent. Any agreements between the Prime Respondent and other companies will not be a part of the agreement between the City and the Prime Respondent. The City reserves the right to select more than one Prime Respondent. SECTION 2 – PROJECT SCOPE AND DELIVERABLES A. SCOPE OF SERVICES AND DELIVERABLES The City’s Utility Technology Services’ service portfolio includes Workforce Productivity, Business Automation, Decision Support, Digital Media and Publishing, Technology Operations, Strategy and Portfolio Management, Professional Services, and Information Assurance. In provisioning ongoing service and special projects to enhance, extend and establish new services, the demand for experienced technology personnel may exceed the capacity of City staff. The City anticipates the need to fulfill varying roles and levels of expertise depending upon the Task Assignment in the below categories. 1) Service Categories Respondents may submit proposals to provide temporary staffing services in one or more of the following categories: • Category 1: Workforce Productivity • Category 2: Business Automation • Category 3: Decision Support • Category 4: Digital Media and Publishing • Category 5: Technology Operation • Category 6: Strategy and Portfolio Management • Category 7: Professional Services • Category 8: Information Assurance Category 1: Workforce Productivity This service category includes: desktop and mobile software and hardware implementations; and IT Service Management. Proposed staff augmentation may include junior to senior level roles for this category including: Systems Administrators, Operators, and Developers. Specific skills may include: o Knowledge of application messaging standards, including XML, SOAP, WSDL, UDDI, and related middleware o Java development skills including J2EE, JMS, Spring framework and Work Shop tools o Understanding of application platform including .NET on Microsoft IDE framework o Experience with XML Schema, XQuery, XPath, and SOAP o Experience with Web Services/SOAP design, development, including WS-Security components o Experience with Linux server support, SQL Database support, VMWare support Category 2: Business Automation This service category includes but is not limited to: Energy management solutions, outage communication systems, meter data management and advanced metering infrastructure systems, work and asset management systems, GIS/ESRI system, Salesforce solution.. Proposed staff augmentation may include junior to senior level roles for this category including: Configurators; System Integrators; System Architects; and System Administrators. Specific skills may include: o Experience integrating SAP with specialized business systems o Experience with vended energy management systems o Experience with customer outage management systems o Experience with meter data management and advanced metering infrastructure (AMI) systems o Experience with geospatial information systems o Experience with work and asset management systems o Experience as Configurator or System Administrator for Cherwell o Experience as Configurator or System Administrator for Salesforce o Experience as Configurator or System Administrator for Esri Category 3: Decision Support This category includes but is not limited to: big data; data lakes; analytics & reporting; public data portals; open data portals; ESRI spatial data platforms. Proposed staff augmentation may include junior to senior level roles for this category including: Data Architects; Data Analysts; Data Scientists; Developers; System Integrators; System Architects; System Administrators; and Asset Analysts. Specific skills may include: o Experience as Data Architect, Analyst o Experience with various data extractions tools and data querying tools o Experience with Tableau and Snowflake Category 4: Digital Media and Publishing This category includes but is not limited to: external websites, service delivery technical enhancements, social media and platforms. Proposed staff augmentation may include junior to senior level roles for this category including: Configurators; Developers; Web Integrators, Architects or Administrators; SaaS Integrators or Administrators. o Experience with .net, web services o Java development skills including J2EE, JMS, Spring framework and Work Shop tools o Understanding of application platform including .NET on Microsoft IDE framework o Experience with XML Schema, XQuery, XPath, and SOAP o Experience with Web Services/SOAP design, development, including WS-Security components Category 5: Technology Operations This category includes but is not limited to: data centers, networking, telephony, computing infrastructure, and identity and access management. Proposed staff augmentation may include junior to senior level roles for this category including: System Integrators; System Architects; System Administrators; Network Architects; Network Administrators; and Server Administrators. Specific skills may include: o Experience upgrading, implementation, and/or integration systems o Experience with digital voice, digital radio, microwave, SCADA, IP network switching/routing/security o Experience with vended energy management systems o Experience with customer outage communication systems o Experience with Linux server support, SQL Database support, VMWare support o Experience with Azure and AWS Engineering o Experience with hardware involving physical servers, storage area networks, data protection systems, or unified computing systems o Experience with software solutions include private-key infrastructures, database engines, virtualization and cloud computing o Knowledge of enterprise integration architecture and service oriented architecture (SOA) strategies and solutions Category 6: Strategy and Portfolio Management This category includes but is not limited to: information technology strategic planning, business relationship management, demand management, executive and governance support, project portfolio management, service portfolio management, service level agreement management. Proposed staff augmentation may include junior to senior level roles for this category including: Strategic Planning Managers and Analysts; Demand Management Analyst; Portfolio Management Analysts, and Resource Management Analysts. Specific skills may include: o Experience in assessment, development and direction of strategic and long-range goals and objectives o Experience in oversight and administration of portfolios o Experience in human resources planning and staff allocation o Experience in the creation and maintenance of forecast demand models Category 7: Professional Services This category includes but is not limited to: Solution Design; Financial Investment Analysis; Organization Change Management; Contract and Vendor Management; Technical Writing, Project Management. Proposed staff augmentation may include junior to senior level roles for this category including: Enterprise Architects; Solutions Architects; Business Case, Finance and Benefits Analysts; Business Process Designers; Facilitation, Training and Organization Change Specialists; Contract Managers; Vendor Managers; Project Managers; Agile Masters; Project Leads; Quality Assurance Managers; Release Managers; Test Managers/Leads; Project Deployment Leads/Coordinators; Project Analysts; Project Coordinators; Technical Writers Specific skills may include: o Knowledge of project and development methodologies including waterfall, and Agile processes and methods, techniques, and tools o Experience with investment analysis - planning, estimating, budgeting, financing, funding, managing and controlling o Experience with identifying, planning, measuring and tracking project objectives and benefits from the start of a project or program investment until realization of benefits o Experience business process and requirement modeling services o Experience with facilitation of requirements workshops, design reviews and stakeholder representation o Experience with training plan development, curriculum development, material development o Experience with development and execution of communication plans leveraging numerous communication techniques. Experience with development and documentation of processes and procedures o Experience with training plan development, curriculum development, materials development, vendor engagement and training delivery o Demonstrated experience in application testing methodologies from unit to pre- production readiness testing o Experience with establishment of environments, including test data preparation, management and development of test cases/scripts, traceability to requirements/benefits and testing reporting o Experience in management of project deployments o Experience in preparation of instruction manuals and documents with the main goal to communicate complex, technical information more easily Proposed staff augmentation may include entry to junior level roles for role: Warehouse Technicians. o Experience with manual, technical and record-keeping activities involved in the receipt, storage, and issuance of supplies, materials and equipment o Experience in maintaining and updating a computerized inventory control system Category 8: Information Assurance This category includes but is not limited to: Cybersecurity Program Management; Business Continuity and Disaster Recovery; Privacy; Regulatory Audits, Incident Response. Proposed staff augmentation may include junior to senior level roles for this category including: Security Architects; Security Administrators; Information Assurance Specialists; Information and Access Management Specialists; Information and Data Security Analysts; Computer/Systems Security Specialist; Security Software Developers; Forensic Analysts; Risk Analysts; and Compliance Analysts. Specific skills may include: o Experience with PCI compliance, CIP compliance, GDPR compliance, CJIS compliance o Experience with development and documentation of IAM, including process workflows o Experience with performing Role Discovery and documentation o Experience with development and documentation Entitlement Catalogs B. MINIMUM QUALIFICATIONS, DESIRED KEY COMPETENCIES, SPECIFIC EXPERIENCE For all categories, the following qualifications are strongly preferred: o Utility experience, particularly power and water utilities o Knowledge of information systems Specific minimum qualifications, desired key competencies and specific experience for a role will be included on the Task Assignment used to solicit for the project or job for each of the categories in Section 2.B.A above. Awarded contractors are expected to provide qualified temporary staffing candidates with the aim of achieving as many of the following key competencies where appropriate: 1. Team Leadership: Ability to lead matrixed, cross-functional project teams/business units and Subject Matter Experts (SMEs) to achieve project/job goals and objectives. Actively take steps to participate and/or build cohesive and results oriented teams using facilitation and team leadership techniques that create a cooperative and productive environment in which to resolve problems or develop and implement plans. 2. Results Orientated and Initiative. Ability to effectively direct and integrate all aspects of a project and/or initiative, ensuring that work progresses toward achieving goals and objectives on schedule. Collect, evaluate, and interpret data for project and program execution. Effectively problem solve. Develop fact-based recommendations. Time effectively make decisions and influence policy development. Conduct assignments in a professional, independent, and timely manner. Remain current on applicable ordinances, rules, regulations, policies, and procedures. 3. Workload Management. Ability to effectively organize multiple assignments, sometimes of a complex nature or involving competing priorities and analyzing situations to develop a course of action to produce work products that are accurate, thorough, and on time. 4. Communications Effectiveness. Ability to communicate effectively both verbally and in writing to line staff and management/executive-level audiences. Compile reports, presentations, and records. Interacting respectfully and sensitively with individuals and groups to develop and maintain productive relationships, facilitate consensus, and achieve results. 5. Problem Solving. Ability to apply previous experience, common sense, knowledge of best practices, and tenacity to solve difficult or complicated challenges. Employ expertise, credibility, creativity, and effective partnering to help clients identify, evaluate, and resolve complex or sensitive issues, problems, and service needs. C. BACKGROUND INVESTIGATION Temporary staff will be required to successfully pass a background investigation at the City’s expense upon request. D. PROTECTION OF WORKERS Prior to commencement of work hereunder, all temporary staff engaged in work for the City shall be protected under applicable Worker's Compensation and Employer's Liability Acts of the state having jurisdiction. Contracted firms shall furnish, upon request of the City and in a form acceptable to the City, evidence of their compliance with said Acts. During the effective period of this Contract contracted firms shall not modify such methods of compliance without the consent of the City. E. FEES, WAGES AND BENEFITS All temporary personnel provided to the City to fulfill any part of this Contract shall be paid and entitled to no less than the same employee wages and benefits provided to other temporary personnel of the Contractor. F. SERVICE CONTINUITY It shall be the contracted firm’s responsibility to ensure continuity. Should a temporary employee be absent for a specific contract period, it shall be the firm’s responsibility to replace the absent temporary employee at no additional cost to the City. G. CANCELLATION If the service provided by a contracted firm is unsatisfactory, the City reserves the right to cancel the contract and award to other temporary staffing agencies. H. INDEPENDENT CONTRACTOR Firms under contract from this RFP will be considered independent contractors and all persons employed by said firms in connection herewith shall be considered employees of the temporary staffing agency and not employees of the City. I. INVOICING REQUIREMENTS Invoices must include names of temporary personnel, title, dates and hours worked, pay rate, associated project accounting and total amount billed. The invoice shall be sent to the project manager identified in the executed contract or other points of contact as negotiated with each Task Assignment. Failure to invoice in such manner may cause a delay in payment. APPENDIX A Signature Page Form No. SPEC-080A Revised: 06/01/2021 SIGNATURE PAGE CITY OF TACOMA TACOMA POWER / UTILITY TECHNOLOGY SERVICES All submittals must be in ink or typewritten, executed by a duly authorized officer or representative of the bidding/proposing entity, and received and time stamped as directed in the Request for Proposals page near the beginning of the specification. If the bidder/proposer is a subsidiary or doing business on behalf of another entity, so state, and provide the firm name under which business is hereby transacted. REQUEST FOR PROPOSALS PI21-0535F TEMPORARY IT STAFFING SERVICES The undersigned bidder/proposer hereby agrees to execute the proposed contract and furnish all materials, labor, tools, equipment and all other facilities and services in accordance with these specifications. The bidder/proposer agrees, by submitting a bid/proposal under these specifications, that in the event any litigation should arise concerning the submission of bids/proposals or the award of contract under this specification, Request for Bids, Request for Proposals or Request for Qualifications, the venue of such action or litigation shall be in the Superior Court of the State of Washington, in and for the County of Pierce. Non-Collusion Declaration The undersigned bidder/proposer hereby certifies under penalty of perjury that this bid/proposal is genuine and not a sham or collusive bid/proposal, or made in the interests or on behalf of any person or entity not herein named; and that said bidder/proposer has not directly or indirectly induced or solicited any contractor or supplier on the above work to put in a sham bid/proposal or any person or entity to refrain from submitting a bid/proposal; and that said bidder/proposer has not, in any manner, sought by collusion to secure to itself an advantage over any other contractor(s) or person(s). Bidder/Proposer’s Registered Name Address City, State, Zip E-Mail Address E.I.No. / Federal Social Security Number Used on Quarterly Federal Tax Return, U.S. Treasury Dept. Form 941 E-Mail Address for Communications Signature of Person Authorized to Enter Date into Contracts for Bidder/Proposer Printed Name and Title (Area Code) Telephone Number / Fax Number State Business License Number in WA, also known as UBI (Unified Business Identifier) Number State Contractor’s License Number (See Ch. 18.27, R.C.W.) Addendum acknowledgement #1_____ #2_____ #3_____ #4_____ #5_____ THIS PAGE MUST BE SIGNED AND RETURNED WITH SUBMITTAL. APPENDIX B City of Tacoma Insurance Requirements Sample Contract Sample Task Assignment Standard Terms and Conditions CITY OF TACOMA INSURANCE REQUIREMENTS FOR CONTRACTS Insurance Requirements Spec/Contract Number: Spec Number PI21-0535F Template Revised 10/3/2019 Page 1 of 4 The Contractor (Contractor) shall maintain at least the minimum insurance set forth below. By requiring such minimum insurance, the City of Tacoma shall not be deemed or construed to have assessed the risk that may be applicable to Contractor under this Contract. Contractor shall assess its own risks and, if it deems appropriate and/or prudent, maintain greater limits and/or broader coverage. 1. GENERAL REQUIREMENTS The following General Requirements apply to Contractor and to Subcontractor(s) of every tier performing services and/or activities pursuant to the terms of this Contract. Contractor acknowledges and agrees to the following insurance requirements applicable to Contractor and Contractor’s Subcontractor(s): 1.1. City of Tacoma reserves the right to approve or reject the insurance provided based upon the insurer, terms and coverage, the Certificate of Insurance, and/or endorsements. 1.2. Contractor shall not begin work under the Contract until the required insurance has been obtained and approved by City of Tacoma. 1.3. Contractor shall keep this insurance in force during the entire term of the Contract and for Thirty (30) calendar days after completion of all work required by the Contract, unless otherwise provided herein. 1.4. Insurance policies required under this Contract that name “City of Tacoma” as Additional Insured shall: 1.4.1. Be considered primary and non-contributory for all claims. 1.4.2. Contain a “Separation of Insured provision and a “Waiver of Subrogation” clause in favor of City of Tacoma. 1.5. Section 1.4 above does not apply to contracts for purchasing supplies only. 1.6. Verification of coverage shall include: 1.6.1. An ACORD certificate or equivalent. 1.6.2. Copies of all endorsements naming the City of Tacoma as additional insured and showing the policy number. 1.6.3. A notation of coverage enhancements on the Certificate of Insurance shall not satisfy these requirements – actual endorsements must be submitted. 1.7. Liability insurance policies, with the exception of Professional Liability and Workers’ Compensation, shall name the City of Tacoma and its officers, elected officials, employees, agents, and authorized volunteers as additional insured. 1.7.1. No specific person or department should be identified as the additional insured. 1.7.2. All references on certificates of insurance and endorsements shall be listed as “City of Tacoma”. 1.7.3. The City of Tacoma shall be additional insured for both ongoing and completed operations using Insurance Services Office (ISO) form CG 20 10 04 13 and CG 20 CITY OF TACOMA INSURANCE REQUIREMENTS FOR CONTRACTS Insurance Requirements Spec/Contract Number: Spec Number PI21-0535F Template Revised 10/3/2019 Page 2 of 4 37 04 13 or the equivalent for the full available limits of liability maintained by the Contractor irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract and irrespective of whether the Certificate of Insurance describes limits lower than those maintained by the Contractor. 1.8. Contractor shall provide a Certificate of Insurance for each policy of insurance meeting the requirements set forth herein when Contractor provides the signed Contract for the work to City of Tacoma. Contractor shall provide copies of any applicable Additional Insured, Waiver of Subrogation, and Primary and Non-contributory endorsements. Contract or Permit number and the City Department must be shown on the Certificate of Insurance. 1.9. Insurance limits shown below may be written with an excess policy that follows the form of an underlying primary liability policy or an excess policy providing the required limit. 1.10. Liability insurance policies shall be written on an “occurrence” form, except for Professional Liability/Errors and Omissions, Pollution Liability, and Cyber/Privacy and Security 1.11. If coverage is approved and purchased on a “Claims-Made” basis, Contractor warrants continuation of coverage, either through policy renewals or by the purchase of an extended reporting period endorsement as set forth below. 1.12. The insurance must be written by companies licensed or authorized in the State of Washington pursuant to RCW 48 with an (A-) VII or higher in the A.M. Best's Key Rating Guide www.ambest.com. 1.13. Contractor shall provide City of Tacoma notice of any cancellation or non-renewal of this required insurance within Thirty (30) calendar days. 1.14. Contractor shall not allow any insurance to be cancelled or lapse during any term of this Contract, otherwise it shall constitute a material breach of the Contract, upon which City of Tacoma may, after giving Five (5) business day notice to Contractor to correct the breach, immediately terminate the Contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith; with any sums so expended to be repaid to City of Tacoma by Contractor upon demand, or at the sole discretion of City of Tacoma, offset against funds due Contractor from City of Tacoma. 1.15. Contractor shall be responsible for the payment of all premiums, deductibles and self-insured retentions, and shall indemnify and hold the City of Tacoma harmless to the extent such a deductible or self-insured retained limit may apply to the City of Tacoma as an additional insured. Any deductible or self-insured retained limits in excess of Twenty Five Thousand Dollars ($25,000) must be disclosed and approved by City of Tacoma Risk Manager and shown on the Certificate of Insurance. 1.16. City of Tacoma reserves the right to review insurance requirements during any term of the Contract and to require that Contractor make reasonable adjustments when the scope of services has changed. http://www.ambest.com/ CITY OF TACOMA INSURANCE REQUIREMENTS FOR CONTRACTS Insurance Requirements Spec/Contract Number: Spec Number PI21-0535F Template Revised 10/3/2019 Page 3 of 4 1.17. All costs for insurance shall be incidental to and included in the unit or lump sum prices of the Contract and no additional payment will be made by City of Tacoma to Contractor. 1.18. Insurance coverages specified in this Contract are not intended and will not be interpreted to limit the responsibility or liability of Contractor or Subcontractor(s). 1.19. Failure by City of Tacoma to identify a deficiency in the insurance documentation provided by Contractor or failure of City of Tacoma to demand verification of coverage or compliance by Contractor with these insurance requirements shall not be construed as a waiver of Contractor’s obligation to maintain such insurance. 1.20. If Contractor is a State of Washington or local government and is self-insured for any of the above insurance requirements, a certification of self-insurance shall be attached hereto and be incorporated by reference and shall constitute compliance with this Section. 2. CONTRACTOR As used herein, "Contractor" shall be the Supplier(s) entering a Contract with City of Tacoma, whether designated as a Supplier, Contractor, Vendor, Proposer, Bidder, Respondent, Seller, Merchant, Service Provider, or otherwise. 3. SUBCONTRACTORS It is Contractor's responsibility to ensure that each subcontractor obtain and maintain adequate liability insurance coverage. Contractor shall provide evidence of such insurance upon City of Tacoma’s request. 4. REQUIRED INSURANCE AND LIMITS The insurance policies shall provide the minimum coverages and limits set forth below. Providing coverage in these stated minimum limits shall not be construed to relieve Contractor from liability in excess of such limits. 4.1 Commercial General Liability Insurance Contractor shall maintain Commercial General Liability Insurance policy with limits not less than One Million Dollars ($1,000,000) each occurrence and Two Million Dollars ($2,000,000) annual aggregate. The Commercial General Liability Insurance policy shall be written on an Insurance Services Office form CG 00 01 04 13 or its equivalent. Products and Completed Operations shall be maintained for a period of three years following Substantial Completion of the Work related to performing construction services. This policy shall include product liability especially when a Contract solely is for purchasing supplies. The Commercial General Liability policy shall be endorsed to include: 4.1.1 A per project aggregate policy limit, using ISO form CG 25 03 05 09 or an equivalent endorsement. 4.2 Workers' Compensation 4.2.1 Contractor shall comply with Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington, as well as any other similar coverage required for this work by applicable federal laws of other states. The Contractor must comply with their domicile State Industrial Insurance laws if it is outside the State of CITY OF TACOMA INSURANCE REQUIREMENTS FOR CONTRACTS Insurance Requirements Spec/Contract Number: Spec Number PI21-0535F Template Revised 10/3/2019 Page 4 of 4 Washington. 4.3 Employers’ Liability Insurance Contractor shall maintain Employers’ Liability coverage with limits not less than One Million Dollars ($1,000,000) each employee, One Million Dollars ($1,000,000) each accident, and One Million Dollars ($1,000,000) policy limit. 4.4 Professional Liability Insurance or Errors and Omissions Contractor and/or its subcontractor shall maintain Professional Liability or Errors and Omissions with limits of One Million Dollars ($1,000,000) per claim and Two Million Dollars ($2,000,000) in the aggregate covering acts, errors and omissions arising out of the professional services under this Contract. If the policy limit includes the payment of claims or defense costs, from the policy limit, the per claim limit shall be Two Million Dollars ($2,000,000). If the scope of such design-related professional services includes work related to pollution conditions, the Professional Liability policy shall include Pollution Liability coverage. If provided on a “claims-made” basis, such coverage shall be maintained by policy renewals or an extended reporting period endorsement for not less than three years following the end of the Contract. 4.5 Excess or Umbrella Liability Insurance Contractor shall provide Excess or Umbrella Liability Insurance with limits not less than Ten Million Dollars ($10,000,000) per occurrence and in the aggregate. This coverage shall apply, at a minimum, in excess of primary underlying Commercial General Liability, Employer’s Liability, Pollution Liability, Marine General Liability, Protection and Indemnity, and Automobile Liability if required herein. 4.6 Cyber/Privacy and Security Insurance Contractor shall maintain Cyber Privacy and Security Insurance with coverage of not less than One Million Dollars ($1,000,000) per claim and Two Million Dollars ($2,000,000) general aggregate that includes, but is not limited to, coverage for first party costs and third-party claims. Coverage shall include loss resulting from data security/privacy breach, unauthorized access, denial of service attacks, introduction of virus and malicious code, network security failure, dissemination or destruction of electronic data, business interruptions, privacy law violation, and disclosure of non-public, personal and confidential information, and failure to disclose breaches as required law or Contract. Coverage shall include notifications and other expenses incurred in remedying a privacy breach as well as costs to investigate and restore data. Coverage shall also include communications liability (e.g., infringement of copyrights, title, slogan, trademark, trade name, trade dress, service mark, or service name in the policy holders covered material). 4.7 Other Insurance Other insurance may be deemed appropriate to cover risks and exposures related to the scope of work or changes to the scope of work required by City of Tacoma. The costs of such necessary and appropriate Insurance coverage shall be borne by Contractor. Services Agreement CW####### Template Revised: 9/9/2019 Page 1 of 12 SERVICES CONTRACT Click here for the Contract Questionnaire Popup Quick Reference Start Questionnaire Finalize Document THIS CONTRACT, made and entered into effective as of the ____ day of _________, 20__ (EFFECTIVE DATE) by and between the CITY OF TACOMA, a municipal corporation of the State of Washington (hereinafter referred to as the “CITY”), and [INSERT legal name of Supplier exactly as it appears in Ariba], (hereinafter referred to as “CONTRACTOR”); In consideration of the mutual promises and obligations hereinafter set forth, the Parties hereto agree as follows: 1. Scope of Services/Work The CONTRACTOR agrees to diligently and completely perform the services and/or deliverables consisting of [INSERT A BRIEF DESCRIPTION OF THE WORK TO BE PERFORMED] as is described in Exhibit XXXXX [A, B, ETC., if needed] attached hereto and incorporated herein. 2. Order of Precedence To the extent there is any discrepancy or conflict between and/or amongst the terms of this Contract and Exhibit(s) __________, the controlling terms for this Contract will be interpreted in the following order of precedence, with the first listed being the most controlling, and the last listed being the least controlling: Contract, Exhibit ___, Exhibit _____. [INSERT EXHIBIT REFERENCES IN ORDER OF WHICH IS MOST CONTROLLING] 3. Changes to Scope of Work The CITY shall have the right to make changes within the general scope of services and/or deliverables upon execution in writing of a change order or amendment hereto. If the changes will result in additional work effort by CONTRACTOR, the CITY will agree to reasonably compensate the CONTRACTOR for such additional effort up to the maximum amount specified herein or as otherwise provided by City Code. 4. On Call Contracts If the services and deliverables performed under this Contract are on an on call or as assigned basis, service and deliverables may be assigned by Task Authorization or Statements of Work, are subject to Section 9, and cannot augment any other work that the CONTRACTOR is doing for the CITY on another Contract. Actual compensation will depend upon the actual purchases made by the City during the life of this Contract and will be paid at the rates set in Exhibit A 5. Term Services Agreement CW####### Template Revised: 9/9/2019 Page 2 of 12 All services shall be satisfactorily completed on or before [INSERT CONTRACT TERMINATION DATE] and this Contract shall expire on said date unless mutually extended by a written and executed Amendment to this Contract. 6. Renewals At CITY's sole option, the Term of this Contract may be renewed for additional [INSERT THE RENEWAL PERIOD - 1 YEAR, ETC] periods, not to exceed [INSERT THE MAXIMUM NUMBER OF RENEWAL PERIODS]. CITY will provide written notice of its intent to exercise any renewal options at least 30 days prior to the then existing Term and a written Amendment to this Contract will be mutually executed. 7. Delay Neither party shall be considered to be in default in the performance of this Contract to the extent such performance is prevented or delayed by any cause which is beyond the reasonable control of the affected party and, in such event, the time for performance shall be extended for a period equal to any time lost as a result thereof. In the event CONTRACTOR is unable to proceed due to a delay solely attributable to CITY, CONTRACTOR shall advise CITY of such delay in writing as soon as is practicable. 8. Compensation The CITY shall compensate the CONTRACTOR for the services and deliverables performed under this Contract [in accordance with OR on the basis of] [INSERT DESCRIPTION OF COMPENSATION ARRANGEMENTS – REFERENCE EXHIBIT, TIME AND MATERIALS, LUMP SUM ETC.] 9. Not to Exceed Amount The total price to be paid by CITY for CONTRACTOR’S full and complete performance of the Scope of Work hereunder shall not exceed $ [INSERT TOTAL AMOUNT OF CONTRACT] plus applicable taxes without a written and executed Amendment to this Contract. Said price shall be the total compensation for CONTRACTOR’S performance hereunder including, but not limited to, all work, deliverables, materials, supplies, equipment, subcontractor’s fees, and all reimbursable travel and miscellaneous or incidental expenses to be incurred by CONTRACTOR. In the event the CONTRACTOR incurs cost in excess of the sum authorized for service under this Contract, the CONTRACTOR shall pay such excess from its own funds, and the CITY shall not be required to pay any part of such excess, and the CONTRACTOR shall have no claim against the CITY on account thereof. 10. Payment CONTRACTOR shall submit XXXXXXXX {monthly, weekly, annual, Contract milestone, etc.} invoices for services completed and/or deliverables furnished during the invoice period. Upon CITY’S request, CONTRACTOR shall submit necessary and appropriate documentation, as determined by the CITY, for all invoiced services and deliverables. Services Agreement CW####### Template Revised: 9/9/2019 Page 3 of 12 Payment shall be made through the CITY’S ordinary payment process, and shall be considered timely if made within 30 days of receipt of a properly completed invoice. All payments shall be subject to adjustment for any amounts, upon audit or otherwise, determined to have been improperly invoiced. The CITY may withhold payment to the CONTRACTOR for any services or deliverables not performed as required hereunder until such time as the CONTRACTOR modifies such services or deliverables to the satisfaction of the CITY. 11. Payment Method The City’s preferred method of payment is by ePayables (Payment Plus), followed by credit card (aka procurement card), then Electronic Funds Transfer (EFT) by Automated Clearing House (ACH), then check or other cash equivalent. CONTRACTOR may be required to have the capability of accepting the City’s ePayables or credit card methods of payment. The City of Tacoma will not accept price changes or pay additional fees when ePayables (Payment Plus) or credit card is used. The City, in its sole discretion, will determine the method of payment for this Contract. 12. Independent Contractor Status The services and deliverables shall be furnished by the CONTRACTOR as an independent Contractor, and nothing herein contained shall be construed to create an employer and employee relationship. The CONTRACTOR shall provide at its sole expense all materials, office space, and other necessities to perform its duties under this Contract, unless stated otherwise in this Contract. No payroll or employment taxes of any kind shall be withheld or paid by the CITY with respect to payments to CONTRACTOR. The payroll or employment taxes that are the subject of this paragraph include, but are not limited to, FICA, FUTA, federal income tax, state personal income tax, state disability insurance tax and state unemployment insurance tax. By reason of CONTRACTOR’s status as an independent Contractor hereunder, no workers' compensation insurance has been or will be obtained by the CITY on account of CONTRACTOR. CONTRACTOR may be required to provide the CITY proof of payment of these said taxes and benefits. If the CITY is assessed or deemed liable in any manner for those charges or taxes, the CONTRACTOR agrees to hold the CITY harmless from those costs, including attorney’s fees. 13. Services Warranty The CONTRACTOR warrants that all services performed pursuant to this Contract shall be generally suitable for the use to which CITY intends to use said services and deliverables as expressed in the Scope of Work. In the performance of services under this Contract, the CONTRACTOR and its employees further agree to exercise the degree of skill and care required by customarily accepted good practices and procedures followed by professionals or service providers rendering the same or similar type of service. All obligations and services of the CONTRACTOR hereunder shall be performed diligently and completely according to such professional standards. Unless a higher standard or longer periods of warranty coverage for product deliverables provided under this Contract is provided herein, CONTRACTOR agrees to correct any defect or failure of deliverables supplied under this Contract which occurs Services Agreement CW####### Template Revised: 9/9/2019 Page 4 of 12 within one year from ________[FILL IN APPROPRIATE TIME FRAME, E.G. GO LIVE, FIRST USE, ETC]. During said warranty period, all of the costs (including shipping, dismantling and reinstallation) of repairs or corrections is the responsibility of the CONTRACTOR. If CONTRACTOR is not the manufacturer of the item of equipment, CONTRACTOR agrees to be responsible for this warranty and shall not be relieved by a lesser manufacturer's guarantee. This Contract warranty period shall be suspended from the time a significant defect is first documented by the CITY until repair or replacement by CONTRACTOR and acceptance by the CITY. In the event less than ninety (90) days remain on the warranty period (after recalculating), the warranty period shall be extended to allow for at least ninety (90) days from the date of repair or replacement and acceptance by the CITY. 14. Reliance on CITY Provided Data or Information If the CONTRACTOR intends to rely on information or data supplied by the CITY, other CITY contractors or other generally reputable sources without independent verification, such intent shall be brought to the attention of the CITY. 15. Contract Administration [INSERT NAME TITLE AND DEPARTMENT OF CONTRACT ADMINISTRATOR] for the CITY shall have primary responsibility for contract administration and approval of services to be performed by the CONTRACTOR, and shall coordinate all communications between the CONTRACTOR and the CITY. 16. Specific Personnel If before, during, or after the execution of this Contract, CONTRACTOR represents to the CITY that certain personnel would or will be responsible for performing services and deliverables under this Contract, then the CONTRACTOR is obligated to ensure that said personnel perform said Contract services to the maximum extent permitted by law. This Contract provision shall only be waived by written authorization by the CITY, and on a case-by-case basis. 17. Right to Audit During the Term of this Contract, and for six (6) years thereafter, the CITY shall have the right to inspect and audit during normal business hours all pertinent books and records of the CONTRACTOR and/or any sub-contractor or agent of CONTRACTOR that performed services or furnished deliverables in connection with or related to the Scope of Work hereunder as reasonably needed by CITY to assess performance, compliance and quality assurance under this Contract or in satisfaction of City's public disclosure obligations, as applicable. CONTRACTOR shall, upon three (3) business days of receipt of written request for such inspection and audit from CITY, provide the CITY with, or permit CITY to make, a copy of any work-related books, accounts, records and documents, in whole or in part, as specified in such request. Said inspection and audit shall occur in Pierce County, Washington or such other reasonable location as the CITY selects. The CITY shall bear the cost of any inspection audit requested hereunder, provided, that if an inspection Services Agreement CW####### Template Revised: 9/9/2019 Page 5 of 12 audit in accordance with the foregoing provisions discloses overpricing or overcharges (of any nature) by the CONTRACTOR to the CITY in excess of one percent (1%) of the total contract billings, in addition to making adjustments for the overcharges, the reasonable actual cost of the CITY's audit shall be reimbursed to CITY by CONTRACTOR. Any adjustments or payments that must be made as a result of any audit and inspection hereunder shall be made no later than 90 days from presentation of CITY's findings to CONTRACTOR. CONTRACTOR shall ensure that the foregoing inspection, audit and copying rights of the CITY are a condition of any subcontract, agreement or other arrangement under which any other person or entity is permitted to perform the Scope of Work under this Contract. 18. Records Retention The CONTRACTOR shall establish and maintain records in accordance with requirements prescribed by the CITY, with respect to all matters related to the performance of this Contract. Except as otherwise authorized by the CITY, the CONTRACTOR shall retain such records for a period of ______[INSERT THE TIME THE RECORDS SHOULD BE KEPT. MOST COMMON IS 6 YEARS] years after receipt of the final payment under this Contract or termination of this Contract. If CONTRACTOR retains any City records or data hosted in a Cloud Service. CITY shall have the ability to access its records hosted in a Cloud Service at any time during the Term of this Contract. CITY may export and retrieve its records during the Term of the Contract and, no later than 30 days from the termination of this Contract, CONTRACTOR shall export CITY records to City's custody and control. 19. Notices Except for routine operational communications, which may be delivered personally or transmitted by electronic mail all notices required hereunder shall be in writing and shall be deemed to have been duly given if delivered personally or mailed first-class mail, postage prepaid, to the parties at the following addresses: CITY: Name: Title: Address: Telephone No.: E-mail: CONTRACTOR: Name: Title: Address: Telephone No.: E-mail: 20. Termination Except as otherwise provided herein, the CITY may terminate this Contract at any time, with or without cause, by giving ten (10) business days written notice to CONTRACTOR. Services Agreement CW####### Template Revised: 9/9/2019 Page 6 of 12 In the event of termination, all finished and unfinished work prepared by the CONTRACTOR pursuant to this Contract shall be provided to the CITY. In the event CITY terminates this Contract due to the CITY’s own reasons and without cause due to the CONTRACTOR’s actions or omissions, the CITY shall pay the CONTRACTOR the amount due for actual work and services necessarily performed under this Contract up to the effective date of termination, not to exceed the total compensation set forth herein. Termination of this Contract by CITY shall not constitute a waiver of any claims or remaining rights the CITY may have against CONTRACTOR relative to performance hereunder. 21. Suspension The CITY may suspend this Contract, at its sole discretion, upon seven (7) business days’ written notice to the CONTRACTOR. Such notice shall indicate the anticipated period of suspension. Any reimbursement for expenses incurred due to the suspension shall be limited to the CONTRACTOR’S reasonable expenses and shall be subject to verification. The CONTRACTOR shall resume performance of services under this Contract without delay when the suspension period ends. Suspension of this Contract by CITY shall not constitute a waiver of any claims or remaining rights the CITY may have against CONTRACTOR relative to performance hereunder. 22. Taxes Unless stated otherwise in Exhibit A, CONTRACTOR is responsible for the payment of all charges and taxes applicable to the services performed under this Contract, and CONTRACTOR agrees to comply with all applicable laws regarding the reporting of income, maintenance of records, and all other requirements and obligations imposed pursuant to applicable law. If the CITY is assessed, made liable, or responsible in any manner for such charges or taxes, the CONTRACTOR holds CITY harmless from such costs, including attorney's fees. If CONTRACTOR fails to pay any taxes, assessments, penalties, or fees imposed by any governmental body, including by Tacoma City ordinance, and including by a court of law, CITY will deduct and withhold or pay over to the appropriate governmental body those unpaid amounts upon demand by the governmental body. Any such payments shall be deducted from the CONTRACTOR’s total compensation. 23. Licenses and Permits The CONTRACTOR, at its expense, shall obtain and keep in force any and all necessary licenses and permits. The CONTRACTOR shall obtain a business license as required by Tacoma Municipal Code Subtitle 6B.20 and shall pay business and occupation taxes as required by Tacoma Municipal Code Subtitle 6A.30. If applicable, CONTRACTOR must have a Washington state business license. 24. Indemnification CONTRACTOR shall indemnify, defend, and hold harmless the CITY, its officials, officers, agents, employees, and volunteers, from any and all claims, demands, damages, lawsuits, liabilities, losses, liens, expenses and costs arising out of the subject Services Agreement CW####### Template Revised: 9/9/2019 Page 7 of 12 matter of this Contract; provided that this provision shall not apply to the extent that damage or injury results from the sole negligence of the CITY, or its officers, agents, or employees. This indemnification shall extend to and include attorneys’ fees and the cost of establishing the right of indemnification hereunder in favor of the CITY. This indemnification shall survive the termination of this Contract. It is expressly agreed that with respect to design professional services performed by CONTRACTOR herein, CONTRACTOR's duty of indemnification, including the duty and cost to defend, against liability for damages arising out of such services or out of bodily injury to persons or damage to property shall, as provided in RCW 4.24.115 apply only to the extent of CONTRACTOR's negligence. CONTRACTOR hereby warrants and represents CONTRACTOR is owner of any products, solutions or deliverables provided and licensed under this Contract or otherwise has the right to grant to CITY the licensed rights under this Contract, without violating the rights of any third party worldwide. CONTRACTOR shall, at its expense, defend, indemnify and hold harmless CITY and its employees, officers, directors, contractors, agents and volunteers from any claim or action against CITY which is based on a claim against CITY for infringement of a patent, copyright, trademark, or other propriety right or appropriation of a trade secret. 25. Title 51 Waiver CONTRACTOR specifically assumes potential liability for actions brought by the CONTRACTOR’S own employees against the CITY and, solely for the purpose of this indemnification and defense, the CONTRACTOR specifically waives any immunity under the state industrial insurance law, Title 51 RCW. THE CONTRACTOR RECOGNIZES THAT THIS WAIVER WAS THE SUBJECT OF MUTUAL NEGOTIATION. 26. Insurance During the course and performance of the services herein specified, CONTRACTOR will maintain the insurance coverage in the amounts and in the manner specified in the City of Tacoma Insurance Requirements as is applicable to the services and deliverables provided under this Contract. The City of Tacoma Insurance Requirements documents are fully incorporated herein by reference. Failure by City to identify a deficiency in the insurance documentation provided by Contractor or failure of City to demand verification of coverage or compliance by Contractor with these insurance requirements shall not be construed as a waiver of Contractor’s obligation to maintain such insurance. 27. Nondiscrimination The CONTRACTOR agrees to take all steps necessary to comply with all federal, state, and City laws and policies regarding non-discrimination and equal employment opportunities. The CONTRACTOR shall not discriminate in any employment action because of race, religion, creed, color, national origin or ancestry, sex, gender identity, sexual orientation, age, marital status, familial status, veteran or military status, the Services Agreement CW####### Template Revised: 9/9/2019 Page 8 of 12 presence of any sensory, mental or physical disability or the use of a trained dog guide or service animal by a disabled person. In the event of non-compliance by the CONTRACTOR with any of the non-discrimination provisions of this Contract, the CITY shall be deemed to have cause to terminate this Contract, in whole or in part. 28. Conflict of Interest No officer, employee, or agent of the CITY, nor any member of the immediate family of any such officer, employee, or agent as defined by City ordinance, shall have any personal financial interest, direct or indirect, in this Contract, either in fact or in appearance. The CONTRACTOR shall comply with all federal, state, and City conflict of interest laws, statutes, and regulations. The CONTRACTOR represents that the CONTRACTOR presently has no interest and shall not acquire any interest, direct or indirect, in the program to which this Contract pertains which would conflict in any manner or degree with the performance of the CONTRACTOR’S services and obligations hereunder. The CONTRACTOR further covenants that, in performance of this Contract, no person having any such interest shall be employed. The CONTRACTOR also agrees that its violation of the CITY’S Code of Ethics contained in Chapter 1.46 of the Tacoma Municipal Code shall constitute a breach of this Contract subjecting the Contract to termination. 29. City ownership of Work/Rights in Data and Publications To the extent CONTRACTOR creates any Work subject to the protections of the Copyright Act (Title 17 U.S.C) in its performance of this Contract, CONTRACTOR agrees to the following: The Work has been specially ordered and commissioned by CITY. CONTRACTOR agrees that the Work is a "work made for hire" for copyright purposes, with all copyrights in the Work owned by CITY. To the extent that the Work does not qualify as a work made for hire under applicable law, and to the extent that the Work includes material subject to copyright, CONTRACTOR hereby assigns to CITY, its successors and assigns, all right, title and interest in and to the Work, including but not limited to, all patent, trade secret, and other proprietary rights and all rights, title and interest in and to any inventions and designs embodied in the Work or developed during the course of CONTRACTOR'S creation of the Work. CONTRACTOR shall execute and deliver such instruments and take such other action as may be required and requested by CITY to carry out the assignment made pursuant to this section. Any documents, magnetically or optically encoded media, or other materials created by CONTRACTOR pursuant to this Contract shall be owned by CITY and subject to the terms of this sub- section. To the maximum extent permitted by law, CONTRACTOR waives all moral rights in the Work. The rights granted hereby to CITY shall survive the expiration or termination of this Contract. CONTRACTOR shall be solely responsible for obtaining releases for the performance, display, recreation, or use of copyrighted materials. 30. Public Disclosure This Contract and documents provided to the CITY by CONTRACTOR hereunder are deemed public records subject to disclosure under the Washington State Public Records Act, Chapter 42.56 RCW (Public Records Act). Thus, the CITY may be required, upon request, to disclose this Contract and documents related to it unless an exemption under the Public Records Act or other laws applies. In the event CITY receives a request for Services Agreement CW####### Template Revised: 9/9/2019 Page 9 of 12 such disclosure, determines in its legal judgment that no applicable exemption to disclosure applies, and CONTRACTOR has complied with the requirements herein to mark all content considered to be confidential or proprietary, CITY agrees to provide CONTRACTOR ten (10) days written notice of impending release. Should legal action thereafter be initiated by CONTRACTOR to enjoin or otherwise prevent such release, all expense of any such litigation shall be borne by CONTRACTOR, including any damages, attorneys fees or costs awarded by reason of having opposed disclosure. CITY shall not be liable for any release where notice was provided and CONTRACTOR took no action to oppose the release of information. Notice of any proposed release of information pursuant to Chapter 42.56 RCW, shall be provided to CONTRACTOR according to the “Notices” provision herein. 31. Confidential or Proprietary Records Must be Marked If CONTRACTOR provides the CITY with records that CONTRACTOR considers confidential or proprietary, CONTRACTOR must mark all applicable pages of said record(s) as “Confidential” or “Proprietary.” If CONTRACTOR fails to so mark record(s), then (1) the CITY, upon request, may release said record(s) without the need to satisfy the notice requirements above; and (2) the CONTRACTOR expressly waives its right to allege any kind of civil action or claim against the CITY pertaining to the release of said record(s). 32. Duty of Confidentiality CONTRACTOR acknowledges that unauthorized disclosure of information or documentation concerning the Scope of Work hereunder may cause substantial economic loss or harm to the CITY. Except for disclosure of information and documents to CONTRACTOR's employees, agents, or subcontractors who have a substantial need to know such information in connection with CONTRACTOR's performance of obligations under this Contract, the CONTRACTOR shall not without prior written authorization by the CITY allow the release, dissemination, distribution, sharing, or other publication or disclosure of information or documentation obtained, discovered, shared or produced pursuant to this Contract. CONTRACTOR shall inform its employees, agents, and subcontractors of the confidentiality obligations under this Contract and instruct them so as to ensure such obligations are met. If so requested by the CITY, the CONTRACTOR further agrees to require all such individuals and entities performing services pursuant to this Contract to execute a Confidentiality and Non-Disclosure Agreement in a form acceptable to CITY. This Section shall survive for six (6) years after the termination or expiration of this Contract. CITY is required to provide notice of the Red Flags Rules published by the Federal Trade Commission in Title 16 Code of Federal Regulations, Part 681 ("Rules") to all entities that receive confidential or otherwise protected personal information of CITY's customers. Terms in quotations in this Section refer to defined terms contained in the "Rules." CONTRACTOR is, as to "Covered Accounts" of CITY for which CONTRACTOR Services Agreement CW####### Template Revised: 9/9/2019 Page 10 of 12 performs activities under the Contract, a "Service Provider." "Service Provider" will perform in accordance with its reasonable policies and procedures designed to detect, prevent, and mitigate the risk of identity theft and will promptly report to CITY any specific "Red Flag" incidents detected as to "Covered Accounts" of CITY and upon request by CITY will respond to or reasonably assist CITY in responding reported "Red Flags." This Section shall survive for six (6) years after the termination or expiration of this Contract. 33. Approval for Release of Information Related to Contract If requested by CITY, CONTRACTOR shall not release any information or documentation concerning the work under this Contract or any part thereof for marketing, advertising, or other commercial activities or publication including, but not limited to, news releases or professional articles without CITY’s prior written approval. CONTRACTOR may submit at any time for review and approval a generic abstract describing the component parts of the completed Scope of Services (“Project Abstract”). After receiving written approval of the Project Abstract from the CITY, the CONTRACTOR may make minor insignificant changes to the Project Abstract and use all or parts of the Project Abstract in proposals. This Section shall survive for six (6) years after the termination or expiration of this Contract. 34. Dispute Resolution In the event of a dispute pertaining to this Contract, the parties agree to attempt to negotiate in good faith an acceptable resolution. If a resolution cannot be negotiated, then the parties agree to submit the dispute to voluntary non-binding mediation before pursuing other remedies. This provision does not limit the CITY’S right to terminate authorized by this Contract. 35. Miscellaneous Provisions Governing Law and Venue Washington law shall govern the interpretation of this Contract. Pierce County shall be the venue of any mediation, arbitration, or litigation arising out of this Contract. Assignment The CONTRACTOR shall not assign, subcontract, delegate, or transfer any obligation, interest or claim to or under this Contract or for any of the compensation due hereunder without the prior written consent of the CITY. No Third Party Beneficiaries This Contract shall be for the sole benefit of the parties hereto, and nothing contained herein shall create a contractual relationship with, or create a cause of action in favor of, a third party against either party hereto. Services Agreement CW####### Template Revised: 9/9/2019 Page 11 of 12 Waiver A waiver or failure by either party to enforce any provision of this Contract shall not be construed as a continuing waiver of such provisions, nor shall the same constitute a waiver of any other provision of this Contract. Severability and Survival If any term, condition or provision of this Contract is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Contract, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Contract, shall survive termination of this Contract. Entire Agreement This Contract and the attached Exhibits, as modified herein, contain the entire agreement between the parties as to the services to be rendered hereunder. All previous and contemporaneous agreements, representations or promises and conditions relating to the subject matter of this Contract are superseded hereby. The Parties hereto mutually acknowledge, understand and agree that the terms and conditions set forth herein shall control and prevail over any conflicting terms and conditions stated in any attachments hereto. Modification No modification or amendment of this Agreement shall be effective unless set forth in a written and executed Amendment to this Contract. Direct Solicitation and Negotiation For service contracts valued $25,000 or less the City signature authorizes waiver of competitive solicitation by “Direct Solicitation and Negotiation” of professional and personal services in accordance with Tacoma Municipal Code 1.06.256 and the Purchasing Policy Manual. Services Agreement CW####### Template Revised: 9/9/2019 Page 12 of 12 IN WITNESS WHEREOF, the Parties hereto have accepted and executed this Contract, as of the Effective Date stated above, which shall be Effective Date for bonding purposes as applicable. The undersigned Contractor representative, by signature below, represents and warrants they are duly authorized to execute this legally binding Contract for and on behalf of Contractor. CITY OF TACOMA: CONTRACTOR: By: By: (City of Tacoma use only - blank lines are intentional) Director of Finance: ______________________________________________________________ City Attorney (approved as to form): _________________________________________________ Approved By: ___________________________________________________________________ Approved By: ___________________________________________________________________ Approved By: ___________________________________________________________________ Approved By: ___________________________________________________________________ Approved By: ___________________________________________________________________ Approved By: ___________________________________________________________________ Approved By: ___________________________________________________________________ Approved By: ___________________________________________________________________ Project Name – Project Role Power, Utility Technology Services, Project Management Office Contracted Resource – Task Assignment Project Name: Request Date: Project Role: Desired Skillsets/Competencies/Experience: Statement of Work: Deliverables: Desired Start Date: Desired End Date: Hourly contract or fixed bid? Time and Materials Not to Exceed $ Amount: Project Name – Project Role VENDOR RESPONSE Assigned Consultant(s) Name: Role: Onsite/Offsite: (attach resume) Estimated Cost: Response to Statement of Work/Deliverables/Proposed Schedule: Milestone / Progress Based Payments (if fixed): Item $ Amount / % Amount Milestone / Progress Based Payments (if hourly): Role Hours Rate Total Project Name – Project Role Manager requesting task assignment: SAP Contract Number: Accounting to charge task assignment: PMO Manager review: (initials) Contractor Company Signature Name Title Date Approval Signature Name Title Date Standard Terms & Conditions, Form No. SPEC-190A Page 1 of 19 Rev.: 12/10/2020 CITY OF TACOMA STANDARD TERMS AND CONDITIONS GOVERNS BOTH GOODS AND SERVICES AS APPLICABLE In the event of an award by the City, these Terms and Conditions stated herein, Additional Contract Documents if issued, Solicitation if issued, Purchase Orders if issued by City, and Supplier's Submittal, if provided, shall constitute the Contract between City and Supplier for the acquisition of goods, including materials, supplies, and equipment or for the provision of services and deliverables. Said documents represent the entire Contract between the parties and supersede any prior oral statements, discussions, or understandings between the parties, and/or subsequent Supplier invoices. No modification of the Contract shall be effective unless mutually agreed in writing. The specific terms and conditions of any Solicitation (Specification, Request for Bids, Request for Proposals, Requests for Qualifications, Requests for Quotations, Request for Information, bid documents, request to enter into negotiations, or other form of solicitation issued by City including any general, special, or technical provisions associated with such Solicitations) are incorporated herein by reference and supersede these Terms and Conditions where there is conflict or inconsistency. In the event Additional Contract Documents are negotiated and agreed to in writing between Supplier and City, the specific terms of such Additional Contract Documents are incorporated herein by reference and supersede all other terms and conditions where there is conflict or inconsistency. These Terms and Conditions, Additional Contract Documents if issued, Solicitation if issued, City purchase order if issued, are controlling over Supplier’s Submittal if a Submittal is provided. Submittals if provided are incorporated herein by reference. 1.01 SUPPLIER / CONTRACTOR As used herein, “Supplier” or "Contractor" shall be the Supplier(s) entering a Contract with City, whether designated as a Supplier, Contractor, Vendor, Proposer, Bidder, Respondent, Seller, Merchant, Service Provider, or otherwise. 1.02 SUBMITTAL Submittal means Bids, Proposals, Quotes, Qualifications or other information, content, records or documents submitted in response to a City Solicitation. 1.03 FORMS OF SUBMITTAL Unless stated otherwise, all submittals must be in SAP Ariba and submitted exactly as specified or directed, and all required forms must be used. 1.04 COSTS TO PREPARE SUBMITTAL The City is not liable for any costs incurred by Supplier for the preparation of materials or a Submittal provided in response to a solicitation, conducting presentations to the City, or any other activities related to responding to the City’s Solicitation. 1.05 LICENSES/PERMITS A. Suppliers, if applicable, must have a Washington state business license at the time of Submittal and throughout the term of the Contract. Failure to include a Washington state business license may be grounds for rejection of the Submittal or cancellation of contract award. Information regarding Washington state business licenses may be obtained at http://bls.dor.wa.gov. B. Upon award, it is the responsibility of the Supplier to register with the City of Tacoma's Tax and License Division, 733 South Market Street, Room 21, Tacoma, WA 98402-3768, 253-591-5252, https://www.cityoftacoma.org/government/city_departments/finance/tax_and_license/. Supplier shall obtain a business license as is required by Tacoma Municipal Code Subtitle 6C.20. C. During the term of the Contract, Supplier, at its expense, shall obtain and keep in force any and all necessary licenses and permits. Standard Terms & Conditions, Form No. SPEC-190A Page 2 of 19 Rev.: 12/10/2020 1.06 PUBLIC DISCLOSURE: PROPRIETARY OR CONFIDENTIAL INFORMATION A. Supplier Submittals, all documents and records comprising the Contract, and all other documents and records provided to the City by Supplier are deemed public records subject to disclosure under the Washington State Public Records Act, Chapter 42.56 RCW (Public Records Act). Thus, City may be required, upon request, to disclose the Contract and documents or records related to it unless an exemption under the Public Records Act or other laws applies. In the event CITY receives a request for such disclosure, determines in its legal judgment that no applicable exemption to disclosure applies, and Supplier has complied with the requirements to mark records considered confidential or proprietary as such requirements are stated below, City agrees to provide Supplier 10 days written notice of impending release. Should legal action thereafter be initiated by Supplier to enjoin or otherwise prevent such release, all expense of any such litigation shall be borne by Supplier, including any damages, attorneys’ fees or costs awarded by reason of having opposed disclosure. City shall not be liable for any release where notice was provided and Supplier took no action to oppose the release of information. B. If Supplier provides City with records or information that Supplier considers confidential or proprietary, Supplier must mark all applicable pages or sections of said record(s) as “Confidential” or “Proprietary.” Further, in the case of records or information submitted in response to a Request for Proposals, an index must be provided indicating the affected pages or sections and locations of all such material identified Confidential or Proprietary. Information not included in the required index will not be reviewed for confidentiality or as proprietary before release. If Supplier fails to so mark or index Submittals and related records, then the City, upon request, may release said record(s) without the need to satisfy the requirements of subsection A above; and Supplier expressly waives its right to allege any kind of civil action or claim against the City pertaining to the release of said record(s). C. Submission of materials in response to City’s Solicitation shall constitute assent by Supplier to the foregoing procedure and Supplier shall have no claim against the City on account of actions taken pursuant to such procedure. 1.07 SUSTAINABILITY A. The City has interest in measures used by its contractors to ensure sustainable operations with minimal adverse impact on the environment. The City seeks to do business with vendors that value community and environmental stewardship that help us meet our sustainable purchasing goals. B. The City encourages the use of environmentally preferable products or services that help to minimize the environmental and human health impacts of City operations. Suppliers are encouraged to incorporate environmentally preferable products or services into Submittals wherever possible. "Environmentally preferable" means products or services that have a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose. This comparison may consider raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, maintenance, or disposal of the product or service. C. Environmental Standards. The City seeks to ensure that all purchases comply with current environmental standards and product specifications. Where appropriate, third party independent certifiers such as Green Seal and USEPA Standards shall be a minimum specification for products to the City, unless specified otherwise herein. D. The City encourages the use of sustainability practices and desires any awarded Suppliers to assist in efforts to address such factors when feasible for: 1. Pollutant releases 2. Toxicity of materials used 3. Waste generation 4. Greenhouse gas emissions, including transportation of materials and services 5. Recycle content 6. Energy consumption 7. Depletion of natural resources 8. Potential impact on human health and the environment Standard Terms & Conditions, Form No. SPEC-190A Page 3 of 19 Rev.: 12/10/2020 1.08 ALTERATIONS NOT ALLOWED Except as otherwise specifically provided in a Solicitation, Submittals that are incomplete or conditioned in any way, contain erasures, alternatives or items not called for, or not in conformity with law, may be rejected as being non-responsive. Any attempt to condition a Submittal by inserting exceptions to the Solicitation or any conditions, qualifications or additions that vary its terms may result in rejection of the Submittal. The City may reject any submittal containing a material deviation from the Solicitation. 1.09 CORRECTION OF AMBIGUITIES AND OBVIOUS ERRORS A. The City reserves the right to correct obvious errors in Supplier's Submittal. In this regard, if the unit price does not compute to the extended total price, the unit price shall govern. B. Supplier shall notify the City of Tacoma Procurement and Payables Division in writing of any ambiguity, conflict, discrepancy, omission or other error in a Solicitation no later than five business days prior to the submittal deadline. 1. For solicitations conducted in SAP Ariba, Supplier shall notify the City of Tacoma Procurement and Payables Division on the message board of the event. 2. For all other solicitations, Supplier shall notify the contract person listed in the Solicitation. C. The City will make necessary modifications by addendum. D. Supplier is responsible for identifying ambiguities, conflicts, discrepancies, omissions or other errors in the Solicitation prior to providing its Submittal or the ambiguity, conflict, discrepancy, omission, or other error is waived. Any Submittal that includes assumed clarifications and/or corrections without the required authentication of the same is subject to rejection. 1.10 WARRANTIES/GUARANTEE A. Suppliers warrant that all items, including services, as applicable: 1. Are merchantable. 2. Comply with the City's latest drawings and specifications. 3. Are fit for the City's intended use. 4. Will be performed according to the skill and care required by customarily accepted good practices and procedures followed by service providers rendering the same or similar type of service. 5. Are new and unused unless otherwise stated. 6. Comply with all applicable safety and health standards established for such products by the Occupational Safety and Health Administration (OSHA), Washington Industrial Safety and Health Act (WISHA) and/or Consumer Products Safety Act (CPSA), and all other applicable state and federal laws or agency regulations. 7. Are properly packaged and contain appropriate instructions or warnings, including applicable MSDS sheets. 1.11 PATENTS, TRADEMARKS AND COPYRIGHTS Suppliers warrant that equipment and/or materials furnished, including software, do not infringe on any patent, trademark or copyright, and agree to indemnify, defend and hold harmless, the City in the event of any infringement or claim thereof. 1.12 DELIVERY OF SUBMITTALS TO THE CITY’S PROCUREMENT AND PAYABLES DIVISION A. Submittal packages must be received by the City’s Procurement and Payables Division in SAP Ar