Accela Electrical Permitting Transition and Enhancement

TACOMA POWER REQUEST FOR PROPOSAL ACCELA ELECTRICAL PERMITTING TRANSITION AND ENHANCEMENT SPECIFICATION NO. IT22-0309F Request for Proposal Template Revised: 02/15/2022 City of Tacoma Information Technology/Tacoma Power REQUEST FOR PROPOSALS IT22-0309F Accela Electrical Permitting Transition and Enhancement Submittal Deadline: 11:00 a.m., Pacific Time, Tuesday, October 11, 2022 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: 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 be held. Please see the Pre-Proposal Meeting section. Project Scope: Transition the City’s current electrical permitting to Accela. Estimate: $185,000 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 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 Request for Proposal Template Revised: 02/15/2022 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 Tad Carlson, Senior Buyer by email to tcarlson@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:ghimes@cityoftacoma.org http://cms.cityoftacoma.org/Purchasing/CandA/ProtestPolicy052711.pdf http://www.tacomapurchasing.org/ Request for Proposal Template Revised: 02/15/2022 Table of Contents REQUEST FOR PROPOSALS IT22-0309F ............................................................................ 2 SUBMITTAL CHECK LIST ..................................................................................................... 5 1. BACKGROUND .............................................................................................................. 6 2. STANDARD TERMS AND CONDITIONS ......................................................................... 6 3. MINIMUM REQUIREMENTS ........................................................................................... 6 4. SUMMARY OF SCOPE OF SERVICES AND DELIVERABLES ........................................ 6 5. ANTICIPATED CONTRACT TERM ................................................................................ 10 6. CALENDAR OF EVENTS .............................................................................................. 10 7. PRE-PROPOSAL MEETING ......................................................................................... 10 8. INQUIRIES ................................................................................................................... 10 9. DISCLAIMER ................................................................................................................ 11 10. EVALUATION CRITERIA ........................................................................................... 11 11. RESPONSIVENESS .................................................................................................. 12 12. CONTENT TO BE SUBMITTED – This section represents 100% of the possible scoring criteria. ................................................................................................................................ 12 13. CITY’S RESERVED RIGHTS ..................................................................................... 13 14. INTERVIEWS / ORAL PRESENTATIONS .................................................................. 13 15. CONTRACT OBLIGATION......................................................................................... 13 16. FORM OF CONTRACT .............................................................................................. 13 17. INSURANCE REQUIREMENTS ................................................................................. 14 18. PAID LEAVE ............................................................................................................. 14 19. PARTNERSHIPS ....................................................................................................... 14 20. COMMITMENT OF FIRM KEY PERSONNEL ............................................................. 14 21. AWARD .................................................................................................................... 14 22. ENVIRONMENTALLY PREFERABLE PROCUREMENT ............................................. 15 23. EQUITY IN CONTRACTING ...................................................................................... 15 24. PROPRIETARY OR CONFIDENTIAL INFORMATION ................................................ 15 25. ADDENDUMS ........................................................................................................... 15 APPENDIX A ....................................................................................................................... 17 APPENDIX B ....................................................................................................................... 18 APPENDIX C ....................................................................................................................... 19 APPENDIX D ....................................................................................................................... 20 Request for Proposal Template Revised: 02/15/2022 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: One electronic copy (via email) of your complete submittal package, a maximum of 20 pages (single sided) can be submitted. Signature Page (Appendix A) Proposal Response Form (separate MS Excel file available on www.tacomapurchasing.org) After award, the following documents will be executed and provided: Contract (See Appendix B for sample contract document) Certificate of Insurance and related endorsements, see Appendix C for requirements Consultant onboarding Checklist (See Appendix C) Request for Proposal Template Revised: 02/15/2022 1. BACKGROUND The City of Tacoma is comprised of multiple general government and utility departments. The Planning and Development Services Department (PDS) contracted with Accela in 2013 to move its land use, building, site, and right-of-way permitting to Accela’s SaaS environment. PDS has been using Accela Civic Platform in a production environment since January 2016. The City owns licenses and modules in the Building (formerly Land Management) solution and Accela Citizen Access. Approximately 150 staff users utilize the Accela Civic Platform. Accela has been refined over the past years to create a 100% digital process for our staff and customers. Further, Tacoma has heavily invested in Accela’s APIs, event and batch-scripting, automation, detailed workflows, GIS, and integrated 3rd party applications to create a modern and sophisticated user experience for both staff and customers. The City anticipates awarding one contract. Estimated budget amount anticipated: $185,000 Estimated project start: January 2023 Estimated project completion: June/July 2023 Submittals 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. To learn more about the City of Tacoma, visit www.cityoftacoma.org. 2. STANDARD TERMS AND CONDITIONS City of Tacoma Standard Terms and Conditions apply. (See Appendix C) 3. MINIMUM REQUIREMENTS 3.1 A minimum of five years Accela permitting and inspection experience with agencies of similar size and complexity. 3.2 The vendor shall be an Accela Certified Services Partner. 3.3 A preference is for vendor with experience in permitting for a utility provider (ie water, power, etc). 3.4 A preference is a vendor with experience in creating a real time interface between SAP and Accela. 4. SCOPE OF SERVICES AND DELIVERABLES 4.1 Overview The City is expanding Accela to include Tacoma Power’s electrical permitting, inspections, and violations. Tacoma Power provides electricity to more than 181,000 customers in Tacoma, surrounding Cities, and unincorporated Pierce County. Service area details can be found here, https://www.mytpu.org/wp-content/uploads/service-area-map.pdf. http://www.cityoftacoma.org/ https://www.mytpu.org/about-tpu/services/power/about-tacoma-power/ https://www.mytpu.org/wp-content/uploads/service-area-map.pdf Request for Proposal Template Revised: 02/15/2022 Electrical permitting is currently managed through an online portal that collects the applicant’s information and sends the data to SAP for staff processing. Electrical permitting averages approximately 1,100 permits per month. Customer inspection requests are made through an Interactive Voice Response (IVR) and through the online portal by customers. Staff use both SAP and a mobile workforce management system to manage inspections and post results. Electrical inspections averages approximately 1,600 inspections per month. Electrical permitting will be added as a new module within the City’s Accela Building solution. Development of the new module shall be consistent with the practices and architecture of the existing module in Accela, see Appendix D for examples. Current processes have been documented that will be reviewed during the project to ensure best practices and efficiencies are met. The scope of this project will include development of new records for electrical permitting, inspections, violation handling, deployment of Accela Citizen Access for customer online submittals and inspection management, real time SAP & ESRI interfaces, and integration with an existing online payment portal. In parallel there will be deployment of a new 3rd party IVR system, an inspection app, and phone payment tool integrated with Accela that will require vendor assistance. During the project, the City will request that you have staff available between the hours of 8– 4:30 Pacific Standard/Daylight time. It is anticipated this project will primarily be completed in a remote capacity for City staff and the selected vendor. Should there be a need for an in-person meeting(s), those will be arranged on a case by case basis. The City will provide the selected vendor with Accela admin credentials, and a remote connection to the City’s network. To utilize the resources provided by the City for remote work, the Consultant Orientation Checklist (Appendix C) will need to be reviewed and signed prior to the start of the project and a computer with Windows 10 will be required to make the connection. 4.2 Permit Types Below are the currently identified permit types Tacoma Power manages for electrical permitting. Please note, the amount and type of permits may change following the requirements gathering stage and determination of the optimal way for electrical permitting to be delivered to customers in Accela: Straightforward/Simpler Permit Types: • Add/Alter Circuits • Annual Inspections • Cell Site • Conversion (Overhead to underground) • Ditch (Physically in a ditch) • Generator/Equipment • Lighting Retrofit • Low Voltage Wiring • Panel Change • Reclaim (Removing electrical service) https://www.mytpu.org/building-remodeling/permits/electrical-permitting/electrical-inspection-permits/ Request for Proposal Template Revised: 02/15/2022 • Repair • Residential Feeder • Service Change (Upgrading, moving physical location, etc) • Service Off > 1 Year • Sign (wall sign, freestanding sign, etc.) • Street Light (state or municipality (except Tacoma) streetlights, not residential new street lights / internal only) • Task Force (internal permit only) • Trade Shows (running power to booths for large events) More Complex based on Amperage and Type of Service: • New Service (Residential and commercial) • Tenant Improvement • Temp Service New Permit Types: • Electrical Vehicle Stations • Solar Internal Processes originating from SAP: • Violation Record • Rate Change Reports: Creation of 10 – 15 reports 4.3 Implementation In additional to the Accela development work, Tacoma is seeking an implementor to assist with: Project Management: • management of the project plan, schedule and project documents • interviews and working sessions with designated City staff to identify and capture process and requirements • development of business process documents • development of a system configuration document • issue log and escalation • status reporting • change order management • quality assurance • by mutual agreement, some project management tasks may be shared between the Implementor’s Project Manager and Tacoma’s Project Manager Accela Civic Platform: • development of record types • record creation, intake and review Request for Proposal Template Revised: 02/15/2022 • record statuses • workflows and review tasks (including automated processes) • collecting of data in Custom Fields and Tables • customized portlets • electronic document review and document management • reports (specifications and development) • invoicing and receiving payments • issuance requirements • inspection types, scheduling, and checklists • conditions, locks, holds and notices • record closeout • accepts in person credit card payments through existing PCI compliant chip readers • accept credit card payments over the phone, and integrate through a Sycurio tone masking application Accela Citizen Access (ACA): • basic configuration of ACA • online application process • electronic documents • payments (including credit card payment portal through ACA) • inspection services • record status Integrations and migrations: • real-time bi-directional connection to SAP • ability to redirect online credit card payments to Sphere for processing • deployment of chip readers for in-office credit card payments • ESRI GIS and XAPO integration • Migrate active records/data from SAP to Accela • Assistance with the parallel task of standing up a 3rd party IVR system and mobile inspector application Technical / Use of: • configuration • scripting • batch scripts • event management scripts • fee calculations, fee schedules and account codes • API’s Change Management and Training: • administrative and technical training • train super users • train all staff • post-production support (1 – 3 months) Request for Proposal Template Revised: 02/15/2022 • design, develop, deliver and manage the communication plan • conduct impact analysis and change readiness • risk mitigation 5. ANTICIPATED CONTRACT TERM The contract will be for a one-year period with the option to renew for additional one year periods. The City reserves the right to cancel the contract for any reason, by written notice, as stipulated in the contract. 6. CALENDAR OF EVENTS This is a tentative schedule only and may be altered at the sole discretion of the City. Contract may be issued after Public Utility Board and/or City Council approval. The anticipated schedule of events concerning this RFP is as follows: Publish and issue RFP: 9/8/2022 Pre-Proposal Meeting: 9/19/2022 Pre-Submittal Questions: 9/21/2022 Response to Questions, on or about: 9/26/2022 Submittal Due Date: 10/11/2022 Submittal Evaluated, on or about: 10/25/2022 Interviews/Presentations, on or about: 11/1/2022 Award Recommendation, on or about: 11/07/2022 7. PRE-PROPOSAL MEETING A pre-proposal meeting will be held on September 19, 2022 @ 1PM Pacific time, via Zoom. Join Zoom Meeting https://us06web.zoom.us/j/85675379874?pwd=R3NaVE9HZHpJZDRXdk9nWGo2YmVaUT09 Meeting ID: 856 7537 9874 Passcode: IT22-0309F One tap mobile +12532158782,,85675379874#,,,,*9480278761# US (Tacoma) +16699006833,,85675379874#,,,,*9480278761# US (San Jose) Dial by your location +1 253 215 8782 US (Tacoma) +1 669 900 6833 US (San Jose) +1 719 359 4580 US +1 346 248 7799 US (Houston) +1 669 444 9171 US +1 301 715 8592 US (Washington DC) https://us06web.zoom.us/j/85675379874?pwd=R3NaVE9HZHpJZDRXdk9nWGo2YmVaUT09 Request for Proposal Template Revised: 02/15/2022 +1 309 205 3325 US +1 312 626 6799 US (Chicago) +1 386 347 5053 US +1 564 217 2000 US +1 646 931 3860 US +1 929 205 6099 US (New York) Meeting ID: 856 7537 9874 Passcode: 9480278761 Find your local number: https://us06web.zoom.us/u/kTFux6sZB 8. INQUIRIES 8.1 Questions should be submitted to Tad Carlson via email to tcarlson@cityoftacoma.org Subject line to read: IT22-0309F – Accela Electrical Permitting Transition and Enhancement - Vendor Name 8.2 Questions should be submitted by 3 pm on the date listed in the calendar of events. 8.3 Questions marked confidential will not be answered or included. 8.4 The City reserves the discretion to group similar questions to provide a single answer or not to respond when the requested information is confidential. 8.5 The answers are not typically considered an addendum. 8.6 The City will not be responsible for unsuccessful submittal of questions. 8.7 Written answers to questions will be posted alongside these specifications at www.tacomapurchasing.org as indicated in the Calendar of Events. 9. DISCLAIMER The City is not liable for any costs incurred by the Respondent for the preparation of materials or a submittal submitted in response to this RFP, for conducting any presentations to the City, or any other activities related to responding to this RFP, or related to the contract negotiation process. 10. 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 relative weight of each scoring criteria is indicated in the table below. Criteria Max Points Qualifications/Experience of Respondent 20 Examples of Projects 10 Project Plan 10 Client References 5 Fees and Charges / Method of Billing / Hourly Rates 20 Experience of Key Personnel 10 mailto:tcarlson@cityoftacoma.org http://www.tacomapurchasing.org/ Request for Proposal Template Revised: 02/15/2022 Testing, Change Management, Training/Support 15 Sustainability 5 Equity in Contracting 5 Total 100 10.1 A significant deficiency in any one criteria may eliminate the entire submittal from consideration. 10.2 The SAC may select one or more respondent to provide the services required. 10.3 The SAC may use references to clarify information in the submittals and interviews, if conducted, which may affect the rating. 10.4 The City reserves the right to contact references other than those included in the submittal. 11. RESPONSIVENESS Respondents agree their submittal is valid until a contract(s) has been executed. All submittals will be reviewed by the City to determine compliance with the requirements and instructions specified in this RFP. The Respondent is specifically notified that failure to comply with any part of this RFP may result in rejection of the submittal as non-responsive. The City reserves the right, in its sole discretion, to waive irregularities deemed immaterial. The final selection, if any, will be that submittal which, after review of submissions and potential interviews, in the sole judgement of the City, best meets the requirements set forth in this RFP. 12. CONTENT TO BE SUBMITTED – This section represents 100% of the possible scoring criteria. Download and complete the Proposal Response Form which can be found next to these specifications at: Tacoma Purchasing Services Solicitations Respondents are to provide complete and detailed responses to all items. Submittals that are incomplete or conditioned in any way that contain alternatives or items not called for in this RFP, which materially deviate from the requirements of this RFP or which are not in conformity with law, may be rejected as being non-responsive. Submittals should present information in a straightforward and concise manner, while ensuring complete and detailed descriptions of the Respondent’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 on the submittal checklist. The City reserves the right to request clarification of any aspect of a submittal, or request additional information that might be required to properly evaluate the submittal. Failure to respond to such a request may result in rejection of the firm’s submittal. Respondents are required to provide responses to any request clarification within two (2) business days. https://www.cityoftacoma.org/government/city_departments/finance/procurement_and_payables_division/purchasing/contracting_opportunities/services_solicitations Request for Proposal Template Revised: 02/15/2022 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 Respondent’s responsibility to submit a submittal that is current, clear, complete and accurate. 13. CITY’S RESERVED RIGHTS Respondents are advised that the City reserves the right to cancel any award at any time prior to mutual execution of a Contract if cancellation is deemed to be in the City’s best interest. City is not liable to Respondent 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. In addition to any reserved rights contained in the City of Tacoma Standard Terms and Conditions, City specifically reserves the following rights: • To waive any or all informalities or irregularities in any submittal which, in City’s sole judgement, are deemed minor or immaterial • To award one or more contracts • To not award a contract • To issue subsequent solicitation 14. 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 additional 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 using the email address for communications 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. Following interviews, if held, submittals will be rescored using the same Evaluation Criteria. 15. CONTRACT OBLIGATION The selected Respondent(s) will be expected to execute a Contract with the City. At a minimum, any contract will incorporate the contents of this specification, including all stated services or deliverables and other requirements and the City of Tacoma Standard Terms and Conditions, together with the contents of Respondent’s submittal. The submittal contents of the successful Respondent will become contractual obligations 16. FORM OF CONTRACT Request for Proposal Template Revised: 02/15/2022 In event the City’s Services Contract or other City Contract template is attached to this RFP as a sample form of Contract, the City expects to utilize the Terms and Conditions contained in the sample form of Contract. Post award negotiation may occur at the discretion of the City. Respondents should clearly state exceptions to City’s Standard Terms and Conditions as well as to the Terms and Conditions contained in any attached sample form of Contract and to any other portions of this RFP, including the stated Insurance Requirements. Respondents may also propose to utilize their own form of Contract and in such instances, Respondent must provide its form of Contract as part of its submittal. City, at its sole option, will decide whether to engage in negation on any or all proposed exceptions. City reserves sole discretion to determine the final form of Contract that will be used. 17. INSURANCE REQUIREMENTS Successful proposer will provide proof of and maintain the insurance coverage in the amounts and in the manner specified in the City of Tacoma Insurance Requirements contained in this solicitation. See Appendix C. 18. 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. 19. PARTNERSHIPS The City will allow Respondents 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. Any 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. 20. 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.. 21. AWARD After the Respondent(s) is selected by the SAC and prior to award, all other Respondents will be notified via the Purchasing Division using the email address for communications provided on the signature page. http://www.cityoftacoma.org/employmentstandards Request for Proposal Template Revised: 02/15/2022 Once a Respondent(s) has been selected for award by the SAC, contract negotiations will begin. If the a contract with the selected Respondent(s) is not successfully negotiated in that the City’s final offer is not accepted, the City may, in its sole discretion discontinue contract negotiations and commence negotiations with another Respondent. When a contract is successfully negotiated, the Contract will, if required, be submitted for final approval by the Public Utility Board and/or City Council. 22. 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 23. 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. 24. PROPRIETARY OR CONFIDENTIAL 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. For complete detail on Respondent’s responsibility to identify and mark confidential information, and the applicability of the Public Disclosure Act, see the Standard Terms and Conditions. 25. ADDENDUMS https://omwbe.diversitycompliance.com/ https://omwbe.diversitycompliance.com/ https://www.cityoftacoma.org/cms/One.aspx?portalId=169&pageId=26616 https://apps.leg.wa.gov/RCW/default.aspx?cite=42.56 Request for Proposal Template Revised: 02/15/2022 In the event it becomes necessary to revise any part of this RFP, an addendum will be posted along with this specification on http://www.tacomapurchasing.org. Failure to acknowledge addendum(s) on the required Signature Page may result in a submittal being deemed non- responsive by the City. http://www.tacomapurchasing.org/ Request for Proposal Template Revised: 02/15/2022 APPENDIX A Signature Page Request for Proposal Template Revised: 02/15/2022 APPENDIX B Sample Contract Request for Proposal Template Revised: 02/15/2022 APPENDIX C City of Tacoma Insurance Requirements City of Tacoma Standard Terms and Conditions Consultant Orientation Checklist Request for Proposal Template Revised: 02/15/2022 APPENDIX D Electrical Code Violation As-Is Process Electrical Permit As-Is Process Electrical Code Violation To-Be Process Electrical Permit To-Be Process Accela Example Configurations Request for Proposal Template Revised: 02/15/2022 Accela Example Configurations Below is a sample of standards that should be maintained with the introduction of a new module within Tacoma’s Building Solution in Accela. Additional specifications will be identified during the development process; however, these are high level standards for larger topics. Module Configurations The new module added to Accela will be named “Electrical”. This module will be accessible through Accela Citizen Access (ACA) and be configurable through the Accela administration panel like any other module. In ACA: Record Configurations When creating new Accela record types use a similar hierarchy that is currently utilized with the Permits module. Using the “Electrical” top level the permit types should be organized in a similar fashion as you see in the image below. Please note that final determination of how electrical records will be organized will be determined during the project. Example record structure: Electrical > Services > Residential > New Services Request for Proposal Template Revised: 02/15/2022 Request for Proposal Template Revised: 02/15/2022 All record configuration items should clearly indicate the module and record type. This is to simplify adjustments and reporting in the future. Example below shows a record type called a Work Order in the Permits module. The workflow, custom fields and inspection group all are very clear on what you’re looking at. Example for electrical workflow name: EL_RESNEWSERVICES Record Number abbreviations should be no more than 6 characters and use the format. - Example: WO22-0001 Inspection Configurations The inspection calendars should all be created so that each calendar represents a GIS identified area. How we have Building set up is each calendar represents a single area in Tacoma which is then tied to a specific user. Example calendar name for electrical: EL – Downtown Request for Proposal Template Revised: 02/15/2022 Scripting The event scripts should be organized in a similar fashion to how the Permits module is working. All event scripts live in the repo under the “Event” directory and the file name will display the event name and module. At this time we do not go more granular in the event scripts. Example event script name for electrical: ASA;ELECTRICAL!~!~!~.js Request for Proposal Template Revised: 02/15/2022 All functions will be added to the Accela > Functions directory The code itself should be organized by permit type utilizing appMatch() functionality for easy editability later on. APPENDIX A Signature Page Form No. SPEC-080A Revised: 06/01/2021 SIGNATURE PAGE CITY OF TACOMA Tacoma Power 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 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 SPECIFICATION NO. IT22-0309F Accela Electrical Permitting Transition and Enhancement 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 Authorized Signatory 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. Request for Proposal Template Revised: 02/15/2022 APPENDIX B Sample Contract Services Agreement CW####### Template Revised: 07/19/2022 Page 1 of 19 SERVICES CONTRACT THIS CONTRACT, made and entered into effective as of [Month] [Day], [Year] (“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 including any dbas or trade names], (hereinafter may be referred to as “CONTRACTOR” or “SUPPLIER”); In consideration of the mutual promises and obligations hereinafter set forth, the Parties hereto agree as follows: 1. Scope of Services The CONTRACTOR agrees to diligently and completely perform the services or deliverables consisting of [INSERT A BRIEF DESCRIPTION OF THE WORK TO BE PERFORMED] as is described in [Exhibit 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 __________ and __________, 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 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. Term 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. 5. 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. Services Agreement CW####### Template Revised: 07/19/2022 Page 2 of 19 6. Compensation The CITY shall compensate the CONTRACTOR for the services and deliverables performed under this Contract [on the basis of] [EXHIBIT XXXX and/or a DESCRIPTION OF COMPENSATION ARRANGEMENTS –MILESTONES, TIME AND MATERIALS, LUMP SUM ETC.] 7. Prevailing Wages A. If federal, state, local, or any applicable law requires CONTRACTOR to pay prevailing wages in connection with this Contract, and CONTRACTOR is so notified by the CITY, then CONTRACTOR shall pay applicable prevailing wages and otherwise comply with the Washington State Prevailing Wage Act (RCW 39.12) in the performance of this Contract. B. If applicable, a Schedule of Prevailing Wage Rates and/or the current prevailing wage determination made by the Secretary of Labor for the locality or localities where the Contract will be performed is made of part of the Contract by this reference. If prevailing wages apply to the Contract, CONTRACTOR and its subcontractors shall: 1. Be bound by and perform all transactions regarding the Contract relating to prevailing wages and the usual fringe benefits in compliance with the provisions of Chapter 39.12 RCW, as amended, the Washington State Prevailing Wage Act and/or the Davis-Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable, including the federal requirement to pay wages not less than once a week. 2. Ensure that no worker, laborer or mechanic employed in the performance of any part of the Contract shall be paid less than the prevailing rate of wage specified on that Schedule and/or specified in a wage determination made by the Secretary of Labor (unless specifically preempted by federal law, the higher of the Washington state prevailing wage or federal Davis-Bacon rate of wage must be paid. 3. Immediately upon award of the Contract, contact the Department of Labor and Industries, Prevailing Wages section, Olympia, Washington and/or the federal Department of Labor, to obtain full information, forms and procedures relating to these matters. Per such procedures, a Statement of Intent to Pay Prevailing Wages and/or other or additional documentation required by applicable federal law, must be submitted by CONTRACTOR and its subcontractors to the CITY, in the manner requested by the CITY, prior to any payment by the CITY hereunder, and an Affidavit of Wages Paid and/or other or additional documentation required by federal law must be received or verified by the CITY prior to final Contract payment. 8. Not to Exceed Amount Services Agreement CW####### Template Revised: 07/19/2022 Page 3 of 19 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. 9. Payment CONTRACTOR shall submit monthly 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. For transactions conducted in SAP Ariba, invoices shall be submitted directly through Ariba. For invoices paid by ACH or by check, unless stated otherwise, invoices shall be electronically submitted by email with corresponding PO number or other identifying number listed in the subject line to accountspayable@cityoftacoma.org. 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. 10. 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. 11. 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 Services Agreement CW####### Template Revised: 07/19/2022 Page 4 of 19 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. 12. 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 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. 13. Reliance on CITY Provided Data or Information If CONTRACTOR intends to rely on information or data supplied by CITY, other CITY contractors or other generally reputable sources without independent verification, such intent shall be brought to the attention of CITY. 14. 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. 15. Specific Personnel Services Agreement CW####### Template Revised: 07/19/2022 Page 5 of 19 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. 16. Records Related to Performance of Contract Upon CITY's request, CONTRACTOR shall make available to CITY all accounts, records and documents related to the performance of this Contract for CITY's inspection, auditing or evaluation during normal business hours as reasonably needed by CITY to assess performance, compliance and quality assurance under this Contract. Upon City’s request CONTRACTOR shall provide to CITY any and all records or documents related to the performance of this Contract that CITY deems to be public records responsive to a request made to the CITY pursuant to the Washington State Public Records Act, Chapter 42.56 Revised Code of Washington. 17. 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 6 years after receipt of the final payment under this Contract or termination of this Contract. 18. 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: 19. Termination A. Except as otherwise provided herein, the CITY may terminate this Contract at any time, for CITY’s own reasons and without cause, by giving ten (10) business days Services Agreement CW####### Template Revised: 07/19/2022 Page 6 of 19 written notice to CONTRACTOR. In the event of termination, all finished and unfinished work prepared by the CONTRACTOR pursuant to this Contract shall be provided to the CITY. CITY may terminate this Contract in the event of any material breach of any of the terms and conditions of this Contract if CONTRACTOR’s breach continues in effect after written notice of breach and 30 days to cure such breach and fails to cure such breach. B. 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. C. In the event of material default or breach by CONTRACTOR of any of the terms or conditions of the Contract, CITY may, at its election, procure services and deliverables under this CONTRACT from other sources, and may deduct from the unpaid balance due CONTRACTOR, or collect against the bond or security (if any), or may invoice and recover from CONTRACTOR all costs paid in excess of the price(s) set forth in the Contract. D. 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. 20. 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. 21. Federal Funds If federal funds will be used to fund, pay or reimburse all or a portion of the services provided under the Contract, the terms and conditions set forth at Appendix A to this Contract are incorporated into and made part of this Contract and CONTRACTOR will comply with all applicable provisions of Appendix A and with all applicable federal laws, regulations, executive orders, policies, procedures, and directives in the performance of this Contract. If CONTRACTOR’s receipt of federal funds under this Contract is as a sub-recipient, Appendix B, “Sub-recipient Information and Requirements” must be completed and incorporated into and made part of this Contract. 22. Taxes Unless stated otherwise herein, CONTRACTOR is responsible for the payment of all charges and taxes applicable to the services performed under this Contract, and Services Agreement CW####### Template Revised: 07/19/2022 Page 7 of 19 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 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. 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 Services Agreement CW####### Template Revised: 07/19/2022 Page 8 of 19 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 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 Services Agreement CW####### Template Revised: 07/19/2022 Page 9 of 19 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 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 DELETE THIS This item was not required and can be deleted 33. Approval for Release of Information Related to Contract Services Agreement CW####### Template Revised: 07/19/2022 Page 10 of 19 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. 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, Services Agreement CW####### Template Revised: 07/19/2022 Page 11 of 19 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 and Appendices, 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 Contract shall be effective unless set forth in a written and executed Amendment to this Contract. Services Agreement CW####### Template Revised: 07/19/2022 Page 12 of 19 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: Signature: Signature: Name: Name: Title: Title: (City of Tacoma use only - blank lines are intentional) Director of Finance: ______________________________________________________________ Deputy/City Attorney (approved as to form): _________________________________________________ Approved By: ___________________________________________________________________ Approved By: ___________________________________________________________________ Approved By: ___________________________________________________________________ Approved By: ___________________________________________________________________ Approved By: ___________________________________________________________________ Approved By: ___________________________________________________________________ Approved By: ___________________________________________________________________ Approved By: ___________________________________________________________________ Services Agreement CW####### Template Revised: 07/19/2022 Page 13 of 19 APPENDIX A FEDERAL FUNDING 1. COPELAND ANTI-KICKBACK ACT For Contracts subject to Davis Bacon Act the following clauses will be incorporated into the Contract: A. CONTRACTOR shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this Contract. B. CONTRACTOR or subcontractor shall insert in any subcontracts the clause above and such other clauses federal agencies may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these Contract clauses. C. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. 2. EQUAL EMPLOYMENT OPPORTUNITY During the performance of this Contract, CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. If the CONTRACTOR does over $10,000 in business a year that is funded, paid or reimbursed with federal funds, CONTRACTOR will take specific and affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: A. Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. CONTRACTOR agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. B. CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. C. CONTRACTOR will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation Services Agreement CW####### Template Revised: 07/19/2022 Page 14 of 19 information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. D. CONTRACTOR will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. E. CONTRACTOR will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. G. In the event of CONTRACTOR’s noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further federally funded contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. H. CONTRACTOR will include the portion of the sentence immediately preceding paragraph (A) and the provisions of paragraphs (A) through (G) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. CONTRACTOR will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event CONTRACTOR becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States. 3. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT A. Overtime requirements. Neither CONTRACTOR or subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. Services Agreement CW####### Template Revised: 07/19/2022 Page 15 of 19 B. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (3)(A) of this section the CONTRACTOR and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such CONTRACTOR and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (3)(A) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (3)(A) of this section. C. Withholding for unpaid wages and liquidated damages. The CITY shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the CONTRACTOR or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such CONTRACTOR or sub-contractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (3)(B) of this section. D. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (3)(A) through (D) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime CONTRACTOR shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (3)(A) through (D) of this section. 4. CLEAN AIR ACT A. CONTRACTOR agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. B. CONTRACTOR agrees to report each violation to the CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. CONTRACTOR agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal funds. 5. FEDERAL WATER POLLUTION CONTROL ACT A. CONTRACTOR agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as Services Agreement CW####### Template Revised: 07/19/2022 Page 16 of 19 amended, 33 U.S.C. 1251 et seq. B. CONTRACTOR agrees to report each violation to the CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the appropriate federal agency. C. CONTRACTOR agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal funding. 6. DEBARMENT AND SUSPENSION A. This Contract is a Covered Transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the CONTRACTOR is required to verify that none of the contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). B. CONTRACTOR must comply with 2 C.F.R. pt. 180, subpart C and2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier Covered Transaction it enters into. C. This certification is a material representation of fact relied upon by the CITY. If it is later determined that the CONTRACTOR did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to CITY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. D. CONTRACTOR agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C throughout the period of this Contract and to include a provision requiring such compliance in its lower tier covered transactions. 7. BYRD ANTI-LOBBYING AMENDMENT A. Contractors who apply or bid for an award of $100,000 or more shall file the required certification with CITY. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the CITY. B. If applicable, CONTRACTOR must sign and submit to the CITY the certification required by Appendix A to 44 CFR Part 18 contained at Appendix A-1 to this Contract. Services Agreement CW####### Template Revised: 07/19/2022 Page 17 of 19 8. PROCUREMENT OF RECOVERED MATERIALS A. In the performance of this Contract, CONTRACTOR shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: 1. Competitively within a timeframe providing forcompliance with the contract performance schedule; 2. Meeting contract performance requirements; or 3. At a reasonable price. B. Information about this requirement, along with the list of EPA- designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program. C. CONTRACTOR also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. https://www.epa.gov/smm/comprehensive-%20procurement-guideline-cpg-program Services Agreement CW####### Template Revised: 07/19/2022 Page 18 of 19 APPENDIX A-1 APPENDIX A to 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor, __________, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap.38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any. ___________________________________ Signature of Contractor’s Authorized Official ___________________________________ Name and Title of Contractor’s Authorized Official ______________Date Services Agreement CW####### Template Revised: 07/19/2022 Page 19 of 19 APPENDIX B—Sub-recipient information and requirements Pursuant to 2 CFR 200.332(a)(1) Federal Award Identification (i) Agency Name (must match the name associated with its unique entity identifier) (ii) Unique Entity Identifier (i.e., DUNS) City of Tacoma Number for This Agreement (iii) Federal Award Identification Number (FAIN) (iv) Federal Award Date (v) Federal Period of Performance Start and End Date (vi) Federal Budget Period Start and End Date (vii) Amount of Federal Funds Obligated to the agency by this action: $ (viii) Total Amount of Federal Funds Obligated to the agency (ix) Total Amount of the Federal Award Committed to the agency $ (x) Federal Award Project Description: CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS– City of Tacoma (xi) Federal Awarding Agen cy: DEPARTMENT OF THE TREASURY Pass-Through Entity: City of Tacoma Awarding Official Name and Contact Information: (xii) Assistance Listing Number and Name (the pass-through entity must identify the dollar amount made available under each Federal award and the Assistance Listing number at time of disbursement) (xiii) Identification of Whether the Award is R&D (xiv) Indirect Cost Rate for the Federal Award Award Payment Method (lump sum payment or reimbursement) REIMBURSEMENT Request for Proposal Template Revised: 02/15/2022 APPENDIX C City of Tacoma Insurance Requirements City of Tacoma Standard Terms and Conditions Consultant Orientation Checklist CITY OF TACOMA INSURANCE REQUIREMENTS FOR CONTRACTS Insurance Requirements Spec/Contract Number: IT22-0270F 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: IT22-0270F 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/