HomeMy WebLinkAboutComplete RFP Document I"I� �� Ii�II�II�iII�IIIliiiil�Il�I�Ii��I�i11V"N°7��I
I�I��IIi I IO�UV��IIIQ�I�V
I
��IIIIIIIII�I�I��I01��1 �I�I���I�II�IIII�I���
���
�������i�iu�iiii�iiiiiii�i�iiiiiiiii�i�i�iiii�iiiiiii ���111��y�� ������������u��������i�
� �
; 1��111 i���������
�011llll�i�
�� ,�,�
��,��,� ��
���
���� �
� ��^,��Y!��i��
„�i�u
ui �
;Y�
�� �jq ��
��d���� ����� � �
City of Renton, Washington
Request for Proposa)
Email Archival System
www.RentonWA.gov
Issue Date: March 23, 2018
Due Date: April 19, 2018
REQUEST FOR PROPOSAL
Notice is hereby given that the City of Renton requests proposals for an:
Email Archival System
Respondents may express interest and request consideration for said project by filing with the City Clerk's
office.
You may submit your proposal by either physical copy or email.
Physical mail:
Renton City Clerk's Office—7th Floor
1055 S Grady Way
Renton,WA 98057-3232
RE: Email Archival System
Email:
EmailArchivalRFP@rentonwa.gov
Proposals received later than 4:00 PM on April 19,2018 Pacific Time will not be considered.
Please submit any questions regarding this RFP to �_rrr�_a.%IA_r�hiva.l_I�_I�_I�_..C,�_re_ntcr_nwa...�ca.v by April 6, 2018.
Responses to questions will be posted on the City of Renton website at htt.p...//www.._re_ntca.nwa..:.�crv/k�ids
by April 12, 2018. It is the responsibility of any proposer to review the City's website for any RFP revisions
or answers to questions prior to submitting a proposal.
The City of Renton reserves the right to reject any and all proposals in part or in full for any reason. The
City also reserves the right to change, cancel, or re-issue this RFP at any time. This RFP does not obligate
the City of Renton to pay any costs incurred by the respondents in the preparation and submission of a
proposal, nor does it obligate the City to accept or contract for any expressed or implied services.
The successful vendor must comply with local, state, and federal requirements regarding equal
opportunity and employment practices and the City of Renton Professional Services Agreement.The City
is committed to a program of equal employment opportunity regardless of race, color, creed, sex, age,
nationality or disability. Women and minority business enterprises are encouraged to submit proposals.
Published: March 23, 2018
City of Renton—Email Archival System RFP Page 2
Table of Contents
Item Pa�e Number
1. INTRODUCTION...................................................................................................................................5
1.1. Purpose of this RFP ..................................................................................................................5
1.2. About the City of Renton,WA..................................................................................................5
1.3. Primary use case of our email archival system..........................................................................5
1.4. Technology environment at the City.........................................................................................6
2. RFP INFORMATION..............................................................................................................................7
2.1. Procurement schedule.............................................................................................................7
2.2. RFP Contact information ..........................................................................................................7
2.3. Letter of intent.........................................................................................................................7
2.4. Questions regarding this RFP....................................................................................................7
3. GOALS AND OBJECTIVES......................................................................................................................8
3.1. Goals of this project.................................................................................................................8
3.2. Objectives of this project..........................................................................................................8
3.3. Requirements of the email archival system..............................................................................8
4. RFPSUBMISSION.................................................................................................................................9
4.1. Proposal identification.............................................................................................................9
4.2. Proposal document format ......................................................................................................9
4.3. Proposal submission.................................................................................................................9
4.4. Proposer responsibility.............................................................................................................9
4.5. Proposal completeness............................................................................................................9
4.6. Public record..........................................................................................................................10
4.7. Proposal validity duration ......................................................................................................10
5. RFP EVALUATION, SELECTION,AWARD PROCESS...............................................................................10
5.1. Proposal evaluation................................................................................................................10
6. CONTRACTAWARD AND EXECUTION.................................................................................................10
6.1. Selected proposals.................................................................................................................10
6.2. Awarding proposal.................................................................................................................10
6.3. Conditions..............................................................................................................................10
6.4. Contract.................................................................................................................................11
6.5. No cost before receipt............................................................................................................11
7. RFP RESPONSES(REQUIREMENTSTO SUBMITYOUR PROPOSAL).......................................................11
7.1. Proposal content....................................................................................................................11
7.2. Description of forms used to submit your proposal ................................................................11
7.3. Response forms .....................................................................................................................14
Form 1: Company Contact Information and Response Outline.......................................................15
City of Renton—Email Archival System RFP Page 3
Form2: Cover Letter......................................................................................................................16
Form3:Table of Contents..............................................................................................................17
Form 4: Executive Summary...........................................................................................................18
Form 5:Vendor Contact Information Requirements.......................................................................19
Form 6: Qualifications and Experience...........................................................................................20
Form 7: Client References..............................................................................................................21
Form 8:Approach/Methodology....................................................................................................22
Form 9: Project Management/Schedule.........................................................................................23
Form 10: Implementation Plan &Training......................................................................................24
Form 11:Technical and Functional Requirements..........................................................................25
Form12: Cost................................................................................................................................27
8. EXHIBITS............................................................................................................................................28
8.1. EXHIBITA—SampleContract..................................................................................................28
City of Renton—Email Archival System RFP Page 4
1. INTRODUCTION
1.1. Purpose of this RFP
The City of Renton, WA (the "City") seeks to replace its current email archiving solution
(Unlimited Mailbox)with an easy to manage, sustainable, and scalable solution that provides
comprehensive email archiving, retention,and search capabilities. City staff intend to use the
system to apply retention rules and litigation holds on email. The solution will provide a
powerful, yet user-friendly and efficient way for City staff to search the email archive, fulfill
public email record requests, and perform eDiscovery.
1.2. About the City of Renton, WA
The City of Renton serves about 102,700 residents in the Puget Sound region of Washington
State. The City's mission is to provide quality, timely and responsive services to its residents
in the most cost-effective manner.
The vision of the City of Renton is to be the center of opportunity in the Puget Sound Region
where families and businesses thrive. The supporting mission in partnership and
communication with residents, businesses, and schools, is dedicated to:
• Providing a safe, healthy,welcoming atmosphere where people choose to live
• Promoting economic vitality and strategically positioning Renton for the future
• Supporting planned growth and influencing decisions that impact the city
• Building an inclusive informed city with opportunities for all
• Meeting service demands through high quality customer service, innovation, a
positive work environment, and a commitment to excellence
The City operates under the laws of the State of Washington as an "optional municipal code
city". Renton is governed with a mayor-council form of government with 8 elected officials.
Day to day operation of the City is carried out by more than 700 employees at the direction
of the Mayor. The City provides a host of services to residents and local businesses: Police,
Utilities (water, wastewater, and storm water), Transportation (Street construction and
maintenance), Parks and Recreation, Planning and Zoning, Municipal Courts, and General
Government services (Animal control, jail services, and museum system). Information
Technology also contracts services to the Renton Regional Fire Authority(RRFA)for all of their
technology needs.
1.3. Primary use case of our email archival system
The City will use the email archival system primarily for email retention and public record
requests.The Clerk's office manages the email use and retention policy at the City of Renton,
adhering to the State of Washington record retention schedules. The Clerk's office and Police
Department office also handle administrative and police records requests, handling up to
6,500 requests annually.
City of Renton—Email Archival System RFP Page 5
1.4. Technology environment at the City
• Workstations-The computing environment at City includes approximately 700
workstations in approximately 43 municipal locations throughout the city. Desktop and
laptop computers are configured with Microsoft Windows 7 or Microsoft Windows 10 64-
bit operating system. All hardware is less than 5 years old, and includes a minimum of an
Intel i5 2.9 GHz processor and at least 4 GB of RAM. Each computer is managed by a
domain policy using Microsoft Active Directory. Each computer uses the City's trusted
TCP/IP network for service delivery. The standard desktop software suites in most of the
City are Microsoft Office 2013 and 2016.
• Servers-The City's network contains approximately 80 servers, both physical and virtual.
The City's preferred server operating system is Microsoft Server 2012 R2 or newer. City
networks operate at 10 GB, internally.
• Database Mana�ement System (DBMS) -The City utilizes and supports Microsoft SQL 2014
or newer databases.
• Electronic Messa�e System -The City's standard email platform is currently Microsoft
Exchange Server 2010. There are over 1,000 mailboxes in the City's Exchange system,
composed of several hundred employee email accounts and a couple hundred
shared/resource mailboxes. Current Microsoft Exchange storage size is approximately 2 TB,
and the size of the existing email archive is approximately 4.5 TB.
• Internet Connectivity and Use- If a system provides the capability of software updates
through the Internet, it is the expectation that the City's IT Division will download and
coordinate the installation of updates. The City currently supports Microsoft Internet
Explorer, Google Chrome, and Mozilla Firefox web browsers.
• Backup and Disaster Recovery—The City currently has an enterprise backup system to
backup all systems, applications, and user data. Backups are retained based on retention
schedule.
City of Renton—Email Archival System RFP Page 6
2. RFP INFORMATION
2.1. Procurement schedule
Milestone Date
RFP Published March 23, 2018
Questions due via email April 6, 2018 @ 4:00 PM
Responses to questions posted by April 12, 2018 @ 4:00 PM
Proposals due no later than April 19, 2018 @ 4:00 PM
Conduct Vendor Interviews/Site visits May 8, 2018 @ 4:00 PM *
Select Vendor July 8, 2018 *
Contract Finalization August 3, 2018 *
Kick Off Project August 20, 2018 *
*Estimated dates
Table 1—Procurement Schedule
All times and dates given are Pacific Time. The City reserves the right to modify the
procurement schedule at the City's discretion.
2.2. RFP Contact information
The following RFP Coordinator is the City's only official point of contact for this RFP:
Renton City Clerk's Office—7th Floor
1055 South Grady Way
Renton,WA 98057
EmailArchivalRFP@rentonwa.gov
2.3. Letter of intent
Vendors who wish to submit proposals are encouraged to inform the City of their intent to
submit a proposal by emailing intent to�rrr�ilA,r�hiv�l�dF&�_��r�r�_t�r�.vv�.:..g�v
2.4. Questions regarding this RFP
Interested parties must direct all questions regarding this RFP to:
Err�.�ilA,r�hi��l�dF&�_��r�r�_l��vv�:.c���
Questions must be submitted by April 06, 2018 4:00 PM PST.
Responses to questions will be posted on City's website at:
htt�a..:./�re_ntca.nwa..:.�ca.v/�i_d_s by April 12, 2018 4:00 PM PST.
Please note:It is the responsibility of the proposer to review the City's website for any RFP
revisions or answers to questions prior to submitting a proposal.
City of Renton—Email Archival System RFP Page 7
3. GOALS AND OBJECTIVES
3.1. Goals of this project
3.1.1. Implement a sustainable, scalable, fault tolerant solution that will enable staff to easily
manage email archiving, retention, public records requests, and eDiscovery.
3.1.2.The City continues to meet applicable laws for State of Washington retention schedules and
public disclosure for email.
3.2. Objectives of this project
3.1.3. Full compatibility and integration with City's Microsoft Exchange Server 2010, and the
ability to work with future Microsoft Exchange products, for example Microsoft Exchange
Server 2016.
3.1.4. Ensure the City continues to meet applicable laws for State of Washington retention
schedules (RCW 40.14) for email. The City is legally obligated to retain email records in a
way that is compliant with the State of Washington's document retention laws. The City
must be able to identify email records, apply the appropriate retention policy, and properly
dispose of email records in accordance with applicable laws when the retention period has
been satisfied.
3.1.5. Ensure the City continues to meet applicable public disclosure laws for email content
(RCW 42.56). The City is legally obligated to fulfill public disclosure requests in accordance
with applicable laws. The City must be able to properly identify email records to fulfill a
given request, ensure immutability of the email, and have the ability to redact information
that is exempt from disclosure. The City must be able to export all email that is responsive
to the given request its native format (EML or PST) and make it available on GovQA
(https://govqa.com).
3.1.6. Improve the City employee experience and efficiency in fulfilling public records requests.
City staff receive a large volume of ever increasing public disclosure requests each year. The
solution implemented will afford City staff a user friendly way to quickly search for and
identify all email records that are responsive to a public disclosure or eDiscovery request,
and efficiently manage each request from intake to fulfillment.
3.1.7. Enable all City employee end-users to leverage the archive to perform search and retrieval
of their own email. The implemented solution will enable all end-users of the City's
Microsoft Exchange platform to easily perform search and retrieval of email in the archive,
from a web client and also from within the Exchange client. This will enable us to be leaner
in our Exchange environment storage, and provide a self-service way for end-users to rely
more on the archive for their own email search and retrieval.
3.3. Requirements of the email archival system
The technical and functional requirements of the email archival system are broken out into
two categories: capabilities the system must have (mandatory), and capabilities the system
should have (ideal, but can be optional). Requirements are listed in Section 7.3, Form 11 of
this document. You must clearly show that your product or service meets the mandatory
requirements, or your proposal may be rejected as non-responsive.
City of Renton—Email Archival System RFP Page 8
4. RFP SUBMISSION
4.1. Proposal identification
Proposals must be made in the official name of the firm or individual under which business is
conducted(showing official business address)and must be signed by a person duly authorized
to legally bind the person, partnership, company, or corporation submitting the proposal. A
corporation must indicate place and date of incorporation.
4.2. Proposal document format
The City requires either a printed response, unbound (double sided) OR one digital copy in
PDF or DOCX format. Company sales literature and project staff resumes may be attached.
4.3. Proposal submission
Your proposal must be submitted on or before 4:00 P.M. Pacific Time on April 19, 2018 by
either physical copy or email.
Physical address:
Renton City Clerk's Office—7th Floor
1055 S Grady Way
Renton,WA 98057-3232
RE: Email Archival System RFP
Email address:
EmailArchivalRFP@rentonwa.gov
4.4. Proposer responsibility
Proposers solely are responsible for the timeliness of their submittals. As such, proposers are
cautioned to budget adequate time to ensure that their proposals are delivered to the
location designated at or before the deadline set forth above. Proposers are cautioned that
matters including, but not limited to, traffic congestion, security measures and/or events in
or around the City, may lengthen the amount of time necessary to deliver the proposal,
whether the proposal is submitted in person, by mail, or by email.
4.5. Proposal completeness
By submitting a proposal, proposers certify that such proposal constitutes their full and
complete written response to the RFP and evidences their acknowledgement that additional
written material outside of such proposal shall not be considered by the City in connection
with this RFP, unless the City provides a written request that they submit additional written
materials. Absent such written request, proposers are instructed not to submit to the City
written or other materials outside of the proposal, either in a subsequent interview or
otherwise.
City of Renton—Email Archival System RFP Page 9
4.6. Public record
Proposals may be released in total as public information in accordance with the requirements
of the laws covering same. Any proprietary information must be clearly marked.
4.7. Proposal validity duration
Proposal and cost schedule shall be valid and binding for 90 days following proposal due date
and will become part of the contract that is negotiated with the City.
5. RFP EVALUATION, SELECTION, AWARD PROCESS
5.1. Proposal evaluation
All proposals meeting the requirements of this RFP shall be reviewed and rated by an
evaluation committee according to the following criteria:
• Ability of the product to perform the technical and functional requirements as
described in Form 11
• Project management and implementation plan
• Cost, rates, and fees
• Proposal responsiveness
• Firm/Consultant qualifications, experiences, references
6. CONTRACT AWARD AND EXECUTION
6.1. Selected proposals
Selected proposers may be contacted to arrange in-person interviews with the evaluation
committee. The evaluation committee will make the final recommendation for selecting the
vendor.
6.2. Awarding proposal
The City reserves the right to make an award without further discussion of the proposal
submitted.Therefore,the proposal should be initially submitted on the most favorable terms
the vendors can offer. It is understood that the proposal will become a part of the official file
on this matter without obligation to the City.
6.3. Conditions
The general conditions and specifications of the RFP as proposed by the City and the
successful vendor's response,and amended by agreements between the City and the vendor,
will become part of the contract documents. Additionally, the City will verify vendor
representations that appear in the proposal. Failure of the vendor's products to meet the
mandatory specifications may result in elimination of the vendor from competition or in
contract cancellation or termination.
City of Renton—Email Archival System RFP Page 10
6.4. Contract
The vendor selected as the apparently successful vendor is expected to enter into a contract
with the City as described in the sample provided in Exhibit A.
6.5. No cost before receipt
No cost chargeable to the proposed contract may be incurred before receipt of a fully
executed contract.
7. RFP RESPONSES (REQUIREMENTS TO SUBMIT YOUR PROPOSAL)
7.1. Proposal content
Proposals should be prepared simply, providing a straightforward, concise delineation of the
approach and capabilities necessary to satisfy the requirements of the RFP. Technical
literature and elaborate promotional materials, if any, must be submitted separately.
Emphasis in the proposals should be on completeness, clarity of content, and adherence to
the response format required by this RFP.
7.2. Description of forms used to submit your proposal
Form 1: Company Contact Information and Response Outline
Form 1 is where you provide your company name and contact information. Please note that
the contact provided must be authorized to bind your company into contractual agreements,
and this is the contact the City will use for all correspondence related to this RFP. Form 1 also
outlines all of the items expected in your response, and in which of the forms the items are
expected.
Form 2: Cover Letter
Signed by vendor representative authorized to bind the proposing firm contractually.
Form 3:Table of Contents
Please provide a table of contents for your proposal.
Form 4: Executive Summary
Provide a one-page, high-level overview of your proposed solution.
Form 5:Vendor Contact Information Requirements
Form 5 is where you provide more detailed information about your company, including the
number of years in business, your company size, and how many customers are using your
product.
Form 6: Qualification and Experience
Use Form 6 to describe your experience implementing Email Archival System Software in a
government setting.
City of Renton—Email Archival System RFP Page 11
Form 7: Client references
Form 7 is where you provide a list of references of at least three (3) completed or current
projects of this size and nature within the last three years. Municipal references are preferred.
Qualifications and experience for proposed sub-consultants should also be included.The City
reserves the right to contact references without prior notification.
Form 8:Approach/Methodology
Use Form 8 to provide a narrative which shows your firm's understanding of the project's
requirements and documents a logical approach to the project scope of work. Include a
general work plan, as well as the proposed approach to undertaking the scope of work.
Form 9: Project Management/Schedule
Use Form 9 to describe how your firm intends to manage all aspects of the work to be
performed, including schedules for completion of tasks/subtasks, procedures for scheduling,
and cost control.The Project management proposal must include:
• Project kick off ineeting
• Regularly scheduled project team meetings
• Written progress reports
• Issue/risk management techniques
Form 10: Implementation Plan &Training
The responder will develop a detailed implementation plan included in their response to this
proposal.The implementation plan must at a minimum include:
• Hardware installation
• Software installation
• Software configuration
• Software integration with existing email environment
• Migration of existing archived email (optional)
• Testing
• Validation
• User training
• Client deployment
The responder must list training options, time requirements, and "Best Practice"
recommendations in the proposal.Training options should include:
• End User
• System Administration
Responder must list in the proposal whether the training is provided offsite or onsite,training
duration, and the training level.
The responder will work with City project staff to determine exact training requirements prior
to application installation.
City of Renton—Email Archival System RFP Page 12
Form 11:Technical and Functional Requirements
The matrices on Form 11 identify the technical and functional needs that the proposed system
should meet. This form provides the required format for vendor responses. Vendors must
provide an answer for every requirement. If the requirement does not pertain to the proposal
being submitted, "N/A" must be placed in the requirement. Use the key provided in Table 2
below to determine which code to place in each of the requirement matrices of Form 11.
Table 2—Key for filling out Form 11
Matrix Column Description
Code 3-System can completely meet this requirement with no custom code
and no additional expense.
For example,this code should be used when the requirement can be met
by populating a table or modifying a screen so long as these tables or
screen changes would not affect system update.
2-System can meet requirement with minor code modifications with no
impact on future releases.
Modifications are placed in production by the implementation date with
no additional cost for modification;the modification becomes part of the
next system release.
1-System will not meet requirement and will require modification(s).
Testing and production of modifications will be in place prior to
implementation date; however,the customer will assume a cost above the
basic system cost for future updates.
0-System will not meet requirement, and modification in time for
implementation is not possible.
N/A—The requirement does not apply to the proposal
Comments In this column, please provide additional information about your responses.
In particular,we want to know:
• If your description includes any features that are not part of the
base system package.
• If your response includes uses of third party software, ad-hoc query
tools, "creative" use of existing features, or custom modifications.
Although costs are requested in a separate section, please provide a realistic
dollar estimate if there is additional cost associated with your solution, and
whether that cost is due to additional software purchase or modification
work
Table 2—Key for filling out Technical and Functional Requirements in Form 11
City of Renton—Email Archival System RFP Page 13
Form 12: Cost
Since the City expects to complete a "not to exceed/fixed price" contract, the budget for the
proposal must not exceed the specified amount,and must be broken down as to hours, hourly
rates and expenses for each task and subtask. Please see the Cost Table in Form 12 for pricing
itemization.All prices are to be in U.S. dollars. All applicable taxes to be paid by the City must
be separately shown. The vendor awarded the Contract will be subject to City of Renton
business registration and business taxation.
Vendors must itemize the unit and extended price for each product and service proposed as
part of the proposed solution. Cost information must include all expected implementation
and operating costs, both one-time and ongoing. Specific model numbers and capacities
should be included. Information about licensing must be provided. Vendors should describe
and quote optional components (including query tools, report writers, etc.) as individual and
separate items. Any upgrade to the base system needed for optional components must be
included in the cost of those components (defined in the Cost Table in Form 12).
In addition to the breakdown of costs described above,the City of Renton would like to have
a quoted hourly rate for professional services that may be required to complete our project,
but were not anticipated and included in this RFP. The quoted rate(s) is expected to be
applied for the duration of the project(as described herein). They should include, but are not
limited to:training,project management,programmer/analyst,and technical support analyst.
Included within your cost proposal, please attach a proposed payment schedule. With each
date and amount, explain why those particulars were chosen. Indicate all costs associated
with each product and/or service included in the proposal. Also include aggregate pricing if
price advantages are available.
7.3. Response forms
The following section includes all forms required to submit your proposal.
City of Renton—Email Archival System RFP Page 14
Form 1: Company Contact Information and Response Outline
Company Name:
Company Address:
City, State, Zip:
Phone#:
Email address:
Outline of items to include in RFP response:
In response to the City's Request for Proposal, the following is included:
Form 1: Company Contact Information (this page)
Form 2: Cover Letter
Form 3:Table of Contents
Form 4: Executive Summary
Form 5: Vendor Contact Information Requirements
Form 6: Qualification and Experience
Form 7: Client References
Form 8: Approach/Methodology
Form 9: Project Management/Schedule
Form 10: Implementation Plan &Training
Form 11:Technical and Functional Requirements
Form 12: Cost
Exceptions:
Except as noted below, the undersigned hereby agrees to comply with all the terms and
conditions put forth in the City's Request for Proposal.
Name: Title:
Signed: Dated:
Page 15
Form 2: Cover Letter
<Insert your cover letter here>
Page 16
Form 3: Table of Contents
<Insert your table of contents here>
Page 17
Form 4: Executive Summary
<Insert your executive summary here>
Page 18
Form 5:Vendor Contact Information Requirements
RFP vendor contact:
Name:
Title:
Phone:
Email:
Company name:
Address:
Phone:
Website address:
Yearfounded:
Number of full-time personnel:
Total company
Management
Support
Research and Development
Number of city/municipality
customers in Washington state:
Number of customers utilizing
your email archiving system product
in a production environment:
Page 19
Form 6: Qualifications and Experience
Provide information about your company's qualification and experience implementing Email Archival
System software in a government setting. Experience should demonstrate successful implementation,
configuration, and training:
Page 20
Form 7: Client References
Please duplicate form as needed and provide minimum of three recent client references.
Client Name:
Contact Name:
Title:
Phone#:
Email address:
Website:
Type of service provided:
Client Name:
Contact Name:
Title:
Phone#:
Email address:
Website:
Type of service provided:
Client Name:
Contact Name:
Title:
Phone#:
Email address:
Website:
Type of service provided:
Page 21
Form 8:Approach/Methodology
Provide a narrative which shows your firm's understanding of the project's requirements and
documents a logical approach to the project scope of work:
Page 22
Form 9: Project Management/Schedule
Describe how your firm intends to manage all aspects of the work to be performed, including
schedules for completion of tasks/subtasks, procedures for scheduling and cost control:
Page 23
Form 10: Implementation Plan &Training
Please describe your plan for implementation and training:
Page 24
Form 11:Technical and Functional Requirements
Please reference Table 2 in section 7.4 for guidance on filling in Code and Comments
�
Requirer�erit Cc�de C�rmr�erits
1. On premise platform with the option of hosted (cloud)
2. Capability to integrate with the City's Microsoft Exchange
Server 2010 to archive email and calendar items
3. Capability to integrate with the City's Active Directory for
user authentication
4. Fully compatible with City's software:Windows 7, Windows
10, Office 2013, Office 2016, Office 365
5. Archived data can be mirrored to redundant storage
6. Performant and responsive, does not impact the normal
operation of our Exchange email system and is fast and
reliable for end-users
7. Email archived to the system is immutable in the system
8. Capability to audit access to items in the archive in a way
that tracks what individuals accessed what items at what
time/date
9. Capability to successfully archive and retrieve all email
sent/received by City's in Exchange email
10. Email is archived in a way that helps reduce email storage
needs
11. Supports multiple layers of security for user access
12. Rich reporting features to help manage and optimize the
system
13. User interface is intuitive and user-friendly
14. Capability to perform rich searches of all fields (To, From,
Cc, Bcc, Subject, Body, etc.) using keywords and/or
wildcards to search for specific or fuzzy data, date range,
and Boolean.
15. Capability to perform a sub-search within the result set of
a search
16. Capability to search email attachments, including multiple
levels of nested attachments
17. Capability to save and manage searches
18. Capability to export results of searches in EML and PST
formats
19. Capability to define multiple retention policies against one
or multiple emails with the capability of purging email that
is beyond its retention period
20. Capability to place email items on hold in a way that
supports multiple layers of holds, and also records the
Page 25
placed and release date of each hold.
21. System includes comprehensive, easy to navigate
documentation in electronic form
� , �
Requirernerrt Cade Carnrnerits
1. Can scale to a rapidly growing email store if needed
2. Email in the City's existing archive can be migrated to the new
archival system
3. Capability to archive an immutable copy of text messages
from City issued phones from any mobile network operator.
4. Capability to log or report items deleted from the archive
5. Capability to archive the folder structure of user Exchange
inboxes and apply retention policy to the folders in the
structure
6. Archived items can be accessed from both a web client and
within the City's Exchange client
7. Capability to search metadata fields
8. Capability to tag items with customizable tags
9. Capability to redact content retrieved from the archive prior
to export
10. Capability to import from existing email archive
Page 26
Form 12: Cost
Please include your itemized cost proposal using the Cost Table provided.
Cost Table Cost
Application software
Please attach an itemized list of costs for the software product and include pricing model
(e.g. per user/seat, storage based pricing, etc.)to include 1,000 mailboxes and up to
several terabytes of storage.
Hardware&equipment
If applicable please attach an itemized list of cost for each product
System installation and setup
Configuration
Project management services
Implementation planning&assistance
Training
Service layer/interoperability layer development
Annual maintenance and support
Maintenance and support-Year 1
Maintenance and support-Year 2
Maintenance and support-Year 3
Maintenance and support-Year 4
Maintenance and support-Year 5
Cost of migrating email in existing archive into the new archive(if applicable)
Travel and expenses
Hourly rate for additional professional services
Any custom work needed to meet requirements(please itemize)
Other (please itemize)
Page 27
8. EXHIBITS
8.1. EXHIBITA—SampleContract
�� G '�
�
�����, luli ��
�� � ��i�llll �"�� � '
���� � �II� ����, �
�: ��
�
�
��,��.�i�.���r��''�
I �� ��
�
AG R E E M E N T F O R ��....� �� �.....�III; III:�III; ...�... III; III ...�...III; III:� ...�...III; ...�...
THIS AGREEMENT, dated �Ilii�:;ll� Il��u�� ���r� �u�����u� ������., is by and between the City of Renton (the "City"), a
Washington municipal corporation, and �Ilii�:;ll� Il��urv� ���r� �u�����urv ������. ("Consultant"), �Ilii�:;ll� Il��urv� ���r� �u���urv��������
The City and the Consultant are referred to collectively in this Agreement as the "Parties." Once fully
executed by the Parties, this Agreement is effective as of the last date signed by both parties.
1. Scope of Work: Consultant agrees to provide �Ilii�:;ll� Il��urv����r� �u����urv�������. as specified in Exhibit�Ilii�:;ll�
Il��urv� �r� �u���urv ����., which is attached and incorporated herein and may hereinafter be referred
to as the"Work."[NOTE:the Scope of work should fully describe the services in sufficient detail
to bind the consultant in the event of a dispute. If design or other applicable standards apply
to the work (e.g. City adopted street standards, 2016 WSDOT Standard Specifications, or
applicable professional standards) identify those standards here or in the Scope of Work
exhibit so that the Consultant will be bound to the desired standards. DELETE THIS NOTE].
2. Chan�es in Scope of Work:The City, without invalidating this Agreement, may order changes to
the Work consisting of additions, deletions or modifications. Any such changes to the Work shall
be ordered by the City in writing and the Compensation shall be equitably adjusted consistent
with the rates set forth in Exhibit�Ilii�:;ll� Il��urv����r� �u�����urv ������. or as otherwise mutually agreed by the
Parties.
3. Time of Performance: Consultant shall commence performance of the Agreement pursuant to
the schedule(s) set forth in Exhibit �Ilii�:;ll� Il��urv� ���r� �u���urv �������.. All Work shall be performed by no
later than �Ili��:;ll�Il��urv� ���c��u���urv��������.. �NOTE: insert latest date by which you expect the services to
take to perform without a contract amendment- note that more specific deadlines should be
included in the referenced exhibit, DELETE THIS NOTE.1
4. Compensation:
A. Amount. Total compensation to Consultant for Work provided pursuant to this Agreement
shall not exceed $�'llii�:;ll� Il��urv� ���r� �u���urv ��������., plus any applicable state and local sales taxes.
Compensation shall be paid [NOTE: ADD THIS ADDITIONAL LANGUAGE FOR FIXED SUM
Page 28
CONTRACTS AND DELETE THIS NOTE] as a flat rate fixed sum based upon Work actually
performed according to the rate(s) or amounts specified in Exhibit �Ilii�:;ll� Il��urv� ���r� �u���urv ��������
The Consultant agrees that any hourly or flat rate charged by it for its Work shall remain
locked at the negotiated rate(s) unless otherwise agreed to in writing or provided in Exhibit
�Ilii�:;ll� Il��urv����r� �u���urv��������.. Except as specifically provided herein,the Consultant shall be solely
responsible for payment of any taxes imposed as a result of the performance and payment of
this Agreement.
B. Method of Payment. On a monthly or no less than quarterly basis during any quarter in which
Work is performed, the Consultant shall submit a voucher or invoice in a form specified by
the City,including a description of what Work has been performed,the name of the personnel
performing such Work, and any hourly labor charge rate for such personnel. The Consultant
shall also submit a final bill upon completion of all Work. Payment shall be made by the City
for Work performed within thirty (30) calendar days after receipt and approval by the
appropriate City representative of the voucher or invoice. If the Consultant's performance
does not meet the requirements of this Agreement, the Consultant will correct or modify its
performance to comply with the Agreement. The City may withhold payment for work that
does not meet the requirements of this Agreement.
C. Effect of Payment. Payment for any part of the Work shall not constitute a waiver by the City
of any remedies it may have against the Consultant for failure of the Consultant to perform
the Work or for any breach of this Agreement by the Consultant.
D. Non-Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment
under this Agreement for any future fiscal period, the City shall not be obligated to make
payments for Work or amounts incurred after the end of the current fiscal period, and this
Agreement will terminate upon the completion of all remaining Work for which funds are
allocated. No penalty or expense shall accrue to the City in the event this provision applies.
5. Termination:
A. The City reserves the right to terminate this Agreement at any time,with or without cause by
giving ten (10) calendar days' notice to the Consultant in writing. In the event of such
termination or suspension, all finished or unfinished documents, data, studies, worksheets,
models and reports,or other material prepared by the Consultant pursuant to this Agreement
shall be submitted to the City, if any are required as part of the Work.
B. In the event this Agreement is terminated by the City, the Consultant shall be entitled to
payment for all hours worked to the effective date of termination, less all payments
previously made. If the Agreement is terminated by the City after partial performance of
Work for which the agreed compensation is a fixed fee, the City shall pay the Consultant an
equitable share of the fixed fee. This provision shall not prevent the City from seeking any
legal remedies it may have for the violation or nonperformance of any of the provisions of
this Agreement and such charges due to the City shall be deducted from the final payment
due the Consultant. No payment shall be made by the City for any expenses incurred or work
done following the effective date of termination unless authorized in advance in writing by
the City.
Page 29
6. Warranties And Ri�ht To Use Work Product:Consultant represents and warrants that Consultant
will perform all Work identified in this Agreement in a professional and workmanlike manner and
in accordance with all reasonable and professional standards and laws. Compliance with
professional standards includes,as applicable, performing the Work in compliance with applicable
City standards or guidelines(e.g.design criteria and Standard Plans for Road, Bridge and Municipal
Construction). Professional engineers shall certify engineering plans, specifications, plats, and
reports, as applicable, pursuant to RCW 18.43.070. Consultant further represents and warrants
that all final work product created for and delivered to the City pursuant to this Agreement shall
be the original work of the Consultant and free from any intellectual property encumbrance which
would restrict the City from using the work product. Consultant grants to the City a non-exclusive,
perpetual right and license to use, reproduce, distribute, adapt, modify, and display all final work
product produced pursuant to this Agreement. The City's or other's adaptation, modification or
use of the final work products other than for the purposes of this Agreement shall be without
liability to the Consultant.The provisions of this section shall survive the expiration or termination
of this Agreement.
7. Record Maintenance:The Consultant shall maintain accounts and records,which properly reflect
all direct and indirect costs expended and Work provided in the performance of this Agreement
and retain such records for as long as may be required by applicable Washington State records
retention laws, but in any event no less than six years after the termination of this Agreement.
The Consultant agrees to provide access to and copies of any records related to this Agreement
as required by the City to audit expenditures and charges and/or to comply with the Washington
State Public Records Act (Chapter 42.56 RCW). The provisions of this section shall survive the
expiration or termination of this Agreement.
8. Public Records Compliance: To the full extent the City determines necessary to comply with the
Washington State Public Records Act,Consultant shall make a due diligent search of all records in
its possession or control relating to this Agreement and the Work, including, but not limited to, e-
mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and
provide them to the City for production. In the event Consultant believes said records need to be
protected from disclosure, it may, at Consultant's own expense, seek judicial protection.
Consultant shall indemnify, defend, and hold harmless the City for all costs, including attorneys'
fees, attendant to any claim or litigation related to a Public Records Act request for which
Consultant has responsive records and for which Consultant has withheld records or information
contained therein, or not provided them to the City in a timely manner. Consultant shall produce
for distribution any and all records responsive to the Public Records Act request in a timely
manner, unless those records are protected by court order. The provisions of this section shall
survive the expiration or termination of this Agreement.
9. Independent Contractor Relationship:
A. The Consultant is retained by the City only for the purposes and to the extent set forth in this
Agreement. The nature of the relationship between the Consultant and the City during the
period of the Work shall be that of an independent contractor, not employee.The Consultant,
not the City,shall have the power to control and direct the details, manner or means of Work.
Specifically, but not by means of limitation, the Consultant shall have no obligation to work
any particular hours or particular schedule, unless otherwise indicated in the Scope of Work
or where scheduling of attendance or performance is mutually arranged due to the nature of
the Work. Consultant shall retain the right to designate the means of performing the Work
Page 30
covered by this agreement, and the Consultant shall be entitled to employ other workers at
such compensation and such other conditions as it may deem proper, provided, however,
that any contract so made by the Consultant is to be paid by it alone,and that employing such
workers, it is acting individually and not as an agent for the City.
B. The City shall not be responsible for withholding or otherwise deducting federal income tax
or Social Security or contributing to the State Industrial Insurance Program, or otherwise
assuming the duties of an employer with respect to Consultant or any employee of the
Consultant.
C. If the Consultant is a sole proprietorship or if this Agreement is with an individual, the
Consultant agrees to notify the City and complete any required form if the Consultant retired
under a State of Washington retirement system and agrees to indemnify any losses the City
may sustain through the Consultant's failure to do so.
10. Hold Harmless:The Consultant agrees to release, indemnify, defend, and hold harmless the City,
elected officials, employees, officers, representatives, and volunteers from any and all claims,
demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments,
awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties, expenses, attorney's or
attorneys' fees, costs, and/or litigation expenses to or by any and all persons or entities, arising
from, resulting from, or related to the negligent acts, errors or omissions of the Consultant in its
performance of this Agreement or a breach of this Agreement by Consultant, except for that
portion of the claims caused by the City's sole negligence.
Should a court of competent jurisdiction determine that this agreement is subject to RCW
4.24.115, (Validity of agreement to indemnify against liability for negligence relative to
construction, alteration, improvement, etc., of structure or improvement attached to real
estate...) then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Consultant and
the City, its officers, officials, employees and volunteers, Consultant's liability shall be only to the
extent of Consultant's negligence.
It is further specifically and expressly understood that the indemnification provided in this
Agreement constitute Consultant's waiver of immunity under the Industrial Insurance Act, RCW
Title 51,solely for the purposes of this indemnification.The Parties have mutually negotiated and
agreed to this waiver.The provisions of this section shall survive the expiration or termination of
this Agreement.
11. Gifts and Conflicts: The City's Code of Ethics and Washington State law prohibit City employees
from soliciting, accepting, or receiving any gift, gratuity or favor from any person, firm or
corporation involved in a contract or transaction. To ensure compliance with the City's Code of
Ethics and state law,the Consultant shall not give a gift of any kind to City employees or officials.
Consultant also confirms that Consultant does not have a business interest or a close family
relationship with any City officer or employee who was, is, or will be involved in selecting the
Consultant, negotiating or administering this Agreement, or evaluating the Consultant's
performance of the Work.
Page 31
12. City of Renton Business License: The Consultant shall obtain a City of Renton Business License
prior to performing any Work and maintain the business license in good standing throughout the
term of this agreement with the City.
Information regarding acquiring a city business license can be found at:
htt�r..:../..�www.,_re ntcr n_wa_:.�crv�c_rn�s��n e.:_as.�x?.per rta I_II_d..:-_��22_���_�.�a�e.11 d.:.-�8_2,�882.
Information regarding State business licensing requirements can be found at:
htt�r..:../..�dca_r:wa.:.�cav�dca.%n�.-�us.i_ness/re�%ster.-_rrr�.Y.-_k�_usi_n_ess
13. Insurance: Consultant shall secure and maintain:
A. Commercial general liability insurance in the minimum amounts of $1,000,000 for each
occurrence/$2,000,000 aggregate for the Term of this Agreement.
B. In the event that Work delivered pursuant to this Agreement either directly or indirectly
involve or require Professional Services, Professional Liability, Errors and Omissions coverage
shall be provided with minimum limits of$1,000,000 per occurrence. "Professional Services",
for the purpose of this section, shall mean any Work provided by a licensed professional or
Work that requires a professional standard of care.
C. Workers'compensation coverage,as required by the Industrial Insurance laws of the State of
Washington, shall also be secured.
D. Commercial Automobile Liability for owned, leased, hired or non-owned, leased, hired or non-
owned,with minimum limits of$1,000,000 per occurrence combined single limit, if there will
be any use of Consultant's vehicles on the City's Premises by or on behalf of the City, beyond
normal commutes.
E. Consultant shall name the City as an Additional Insured on its commercial general liability
policy on a non-contributory primary basis.The City's insurance policies shall not be a source
for payment of any Consultant liability, nor shall the maintenance of any insurance required
by this Agreement be construed to limit the liability of Consultant to the coverage provided
by such insurance or otherwise limit the City's recourse to any remedy available at law or in
equity.
F. Subject to the City's review and acceptance, a certificate of insurance showing the proper
endorsements, shall be delivered to the City before performing the Work.
G. Consultant shall provide the City with written notice of any policy cancellation,within two(2)
business days of their receipt of such notice.
H. Network Security (Cyber) and Privacy Insurance shall be written with limits no less than
$1,000.000 per claim$1,000,000 policy aggregate for network security and privacy coverage,
$100,000 per claim for regulatory action (fines and penalties), and $100,000 per claim for
event management services.
Network Security(Cyber) and Privacy Insurance shall include, but not be
limited to, coverage, including defense,for the following losses or services:
Page 32
Liability arising from theft,dissemination,and/or use of Public Entity confidential
and personally identifiable information, including but not limited to, any
information about an individual maintained by the Public Entity, including (i) any
information that can be used to distinguish or trace an individual`s identity, such
as name,social security number, date and place of birth, mother's maiden name,
or biometric records;and (ii)any other information that is linked or linkable to an
individual, such as medical, educational, financial, and employment information
regardless of how or where the information is stored or transmitted.
Network security liability arising from (i) the unauthorized access to, use of, or
tampering with computer systems, including hacker attacks;or(ii)the inability of
an authorized third party to gain access to supplier systems and/or Public Entity
data, including denial of service, unless caused by a mechanical or electrical
failure; (iii) introduction of any unauthorized software computer code or virus
causing damage to the Public Entity or any other third party data.
Lawfully insurable fines and penalties resulting or alleging from a data breach.
Event management services and first-party loss expenses for a data breach
response including crisis management services, credit monitoring for individuals,
public relations, legal service advice, notification of affected parties,independent
information security forensics firm, and costs to re-secure, re-create and restore
data or systems.
Safeguarding of Personal Information
Consultant shall not use or disclose Personal Information, as defined in RCW 19.255.010,
in any manner that would constitute a violation of federal law or applicable provisions of
Washington State law. Consultant agrees to comply with all federal and state laws and
regulations, as currently enacted or revised, regarding data security and electronic data
interchange of Personal Information.
Consultant shall ensure its directors, officers, employees, subcontractors or agents use
Personal Information solely for the purposes of accomplishing the services set forth in
the Agreement.
Consultant shall protect Personal Information collected, used, or acquired in connection
with the Agreement, against unauthorized use, disclosure, modification or loss.
Consultant and its subconsultants agree not to release, divulge, publish, transfer, sell or
otherwise make Personal Information known to unauthorized persons without the
express written consent of Public Entity or as otherwise authorized by law.
Consultant agrees to implement physical, electronic, and managerial policies,
procedures, and safeguards to prevent unauthorized access, use, or disclosure of
Personal Information.
Page 33
Consultant shall make the Personal Information available to amend as directed by Public
Entity and incorporate any amendments into all the copies maintained by the Consultant
or its subcontractors. Consultant shall certify its return or destruction upon expiration or
termination of the Agreement and the Consultant shall retain no copies. If Consultant
and Public Entity mutually determine that return or destruction is not feasible, the
Consultant shall not use the Personal Information in a manner other than those permitted
or authorized by state and federal laws.
Consultant shall notify Public Entity in writing immediately upon becoming aware of any
unauthorized access, use or disclosure of Personal Information. Consultant shall take
necessary steps to mitigate the harmful effects of such use or disclosure. Consultant is
financially responsible for notification of any unauthorized access, use or disclosure. The
details of the notification must be approved by Public Entity.
Any breach of this clause may result in termination of the Agreement and the demand
for return of all Personal Information.
14. Delavs: Consultant is not responsible for delays caused by factors beyond the Consultant's
reasonable control.When such delays beyond the Consultant's reasonable control occur,the City
agrees the Consultant is not responsible for damages, nor shall the Consultant be deemed to be
in default of the Agreement.
15. Successors and Assi�ns: Neither the City nor the Consultant shall assign, transfer or encumber
any rights, duties or interests accruing from this Agreement without the written consent of the
other.
16. Notices: Any notice required under this Agreement will be in writing, addressed to the
appropriate party at the address which appears below (as modified in writing from time to time
by such party), and given personally, by registered or certified mail, return receipt requested, by
facsimile or by nationally recognized overnight courier service. Time period for notices shall be
deemed to have commenced upon the date of receipt, EXCEPT facsimile delivery will be deemed
to have commenced on the first business day following transmission. Email and telephone may
be used for purposes of administering the Agreement, but should not be used to give any formal
notice required by the Agreement.
CITY OF RENTON CONSULTANT
�Ilii�:;ll� Il��urv���r� �u�����urv ������. �Ilii�:;ll� Il��urv� ���r� �u���urv �������
1055 South Grady Way �Ilii�°;II< Il��urv� �r� �u���urv ����.
Renton,WA 98057 �Ilii�°;II< Il��urv� �r� �u���urv ����.
Phone: (425) 430-�Ilii�:;ll� Il��u�� ���r� �u�����u� Phone: �Ilii�:;ll� Il��u�� ���r� �u���u���������
����. �Ilii�°;II< Il��urv� �r� �u���urv ����.
�Ilii�:;ll� Il��urv���r� �u�����urv ������. Fax: �Ilii���II� Il��urv� �r� �u�����urv ������.
Fax: (425) 430-�Ilii�:;ll� Il��u�� ���r� �u�����u�
����.
17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational
qualification,the Consultant agrees as follows:
Page 34
A. Consultant,and Consultant's agents,employees, representatives,and volunteers with regard
to the Work performed or to be performed under this Agreement, shall not discriminate on
the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or
preference, age (except minimum age and retirement provisions), honorably discharged
veteran or military status,or the presence of any sensory, mental or physical handicap, unless
based upon a bona fide occupational qualification in relationship to hiring and employment,
in employment or application for employment,the administration of the delivery of Work or
any other benefits under this Agreement, or procurement of materials or supplies.
B. The Consultant will take affirmative action to insure that applicants are employed and that
employees are treated during employment without regard to their race,creed,color, national
origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status.
Such action shall include, but not be limited to the following employment, upgrading,
demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of
pay or other forms of compensation and selection for training.
C. If the Consultant fails to comply with any of this Agreement's non-discrimination provisions,
the City shall have the right, at its option,to cancel the Agreement in whole or in part.
D. The Consultant is responsible to be aware of and in compliance with all federal, state and
local laws and regulations that may affect the satisfactory completion of the project, which
includes but is not limited to fair labor laws, worker's compensation, and Title VI of the
Federal Civil Rights Act of 1964, and will comply with City of Renton Council Resolution
Number 4085.
18. Miscellaneous:The parties hereby acknowledge:
A. The City is not responsible to train or provide training for Consultant.
B. Consultant will not be reimbursed for job related expenses except to the extent specifically
agreed within the attached exhibits.
C. Consultant shall furnish all tools and/or materials necessary to perform the Work except to
the extent specifically agreed within the attached exhibits.
D. In the event special training, licensing, or certification is required for Consultant to provide
Work he/she will acquire or maintain such at his/her own expense and,if Consultant employs,
sub-contracts, or otherwise assigns the responsibility to perform the Work, said
employee/sub-contractor/assignee will acquire and or maintain such training, licensing, or
certification.
E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to other
entities, so long as there is no interruption or interference with the provision of Work called
for in this Agreement.
F. Consultant is responsible for his/her own insurance, including, but not limited to health
insurance.
G. Consultant is responsible for his/her own Worker's Compensation coverage as well as that
for any persons employed by the Consultant.
Page 35
19. Other Provisions:
A. Approval Authority. Each individual executing this Agreement on behalf of the City and
Consultant represents and warrants that such individuals are duly authorized to execute and
deliver this Agreement on behalf of the City or Consultant.
B. General Administration and Mana�ement. The City's project manager is �'Ilii�:;ll< Il��urv� �r� �u���urv
����.. In providing Work, Consultant shall coordinate with the City's contract manager or
his/her designee.
C. Amendment and Modification. This Agreement may be amended only by an instrument in
writing, duly executed by both Parties.
D. Conflicts. In the event of any inconsistencies between Consultant proposals and this
Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to this
Agreement are incorporated by reference only to the extent of the purpose for which they
are referenced within this Agreement. To the extent a Consultant prepared exhibit conflicts
with the terms in the body of this Agreement or contains terms that are extraneous to the
purpose for which it is referenced, the terms in the body of this Agreement shall prevail and
the extraneous terms shall not be incorporated herein.
E. Governin� Law.This Agreement shall be made in and shall be governed by and interpreted in
accordance with the laws of the State of Washington and the City of Renton. Consultant and
all of the Consultant's employees shall perform the Work in accordance with all applicable
federal, state, county and city laws, codes and ordinances.
F. Joint Draftin� Effort. This Agreement shall be considered for all purposes as prepared by the
joint efforts of the Parties and shall not be construed against one party or the other as a result
of the preparation, substitution, submission or other event of negotiation, drafting or
execution.
G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce or
interpret this Agreement or any of its terms or covenants shall be brought in the King County
Superior Court for the State of Washington at the Maleng Regional Justice Center in Kent,
King County,Washington, or its replacement or successor.
H. Severability. A court of competent jurisdiction's determination that any provision or part of
this Agreement is illegal or unenforceable shall not cancel or invalidate the remainder of this
Agreement,which shall remain in full force and effect.
I. Sole and Entire A�reement.This Agreement contains the entire agreement of the Parties and
any representations or understandings, whether oral or written, not incorporated are
excluded.
J. Time is of the Essence. Time is of the essence of this Agreement and each and all of its
provisions in which performance is a factor. Adherence to completion dates set forth in the
description of the Work is essential to the Consultant's performance of this Agreement.
Page 36
K. Third-Party Beneficiaries. Nothing in this Agreement is intended to, nor shall be construed to
give any rights or benefits in the Agreement to anyone other than the Parties, and all duties
and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive
benefit of the Parties and no one else.
L. Bindin�Effect.The Parties each bind themselves,their partners,successors,assigns,and legal
representatives to the other party to this Agreement,and to the partners,successors,assigns,
and legal representatives of such other party with respect to all covenants of the Agreement.
M. Waivers. All waivers shall be in writing and signed by the waiving party. Either party's failure
to enforce any provision of this Agreement shall not be a waiver and shall not prevent either
the City or Consultant from enforcing that provision or any other provision of this Agreement
in the future. Waiver of breach of any provision of this Agreement shall not be deemed to be
a waiver of any prior or subsequent breach unless it is expressly waived in writing.
N. Counterparts. The Parties may execute this Agreement in any number of counterparts, each
of which shall constitute an original, and all of which will together constitute this one
Agreement.
IN WITNESS WHEREOF, the Parties have voluntarily entered into this Agreement as
of the date last signed by the Parties below.
CITY OF RENTON CONSULTANT
By: By:
�Ilii�:;ll� Il��urv����r� �u�����urv ������. �Ilii�:;ll� Il��urv����r� �u���urv��������.
�Ilii�:;ll� Il��urv����r� �u�����urv ������. �Ilii�:;ll� Il��urv����r� �u���urv��������.
Date Date
Attest
Jason A. Seth
City Clerk
Approved as to Legal Form
Shane Moloney
Renton City Attorney
Nonstandard PSA Network Cyber Security 03/08/18 clb
Page 37