HomeMy WebLinkAboutCITY OF RENTON - 2022 IT Strategic Plan Page 1
City of Renton, Washington
Request for Proposal
Information Technology Strategic Plan
Issue Date: April 29, 2022
Due Date: May 31, 2022
www.RentonWA.gov
Page 2
REQUEST FOR PROPOSAL
Notice is hereby given that the City of Renton requests proposals for an:
Information Technology Strategic Plan
The City of Renton is requesting proposals from qualified technology consulting firms to
assist with the development of an information technology strategic plan. Firms may express
interest and request consideration for said project by filing with the City Clerk’s office. The
full RFP can be found at: http://www.rentonwa.gov/bids
Vendors who wish to submit proposals are encouraged to inform the City of their intent to submit a
proposal by emailing intent to 2022RFPITSP@rentonwa.gov.
You may submit your proposal by email to: 2022RFPITSP@rentonwa.gov
Proposals received later than 4:00 PM on May 31, 2022 Pacific Time will not be considered.
Please submit any questions regarding this RFP to 2022RFPITSP@rentonwa.gov by May 6, 2022. Responses
to questions will be posted on the City of Renton website at http://www.rentonwa.gov/bids by May 13,
2022. 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.
This is a competitive negotiation process in accordance with RCW 39.04.270. The City of Renton will
consider all the evaluation information obtained during the competitive negotiation process. 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: April 29, 2022
Page 3
Table of Contents
1 INTRODUCTION .............................................................................................................................................. 4
1.1 Purpose of this RFP ............................................................................................................................. 4
1.2 About the City of Renton, WA ............................................................................................................. 4
1.3 Primary use case of the Information Technology Strategic Plan ........................................................ 5
1.4 Technology environment at the City ................................................................................................... 5
2 RFP INFORMATION ......................................................................................................................................... 6
2.1 Procurement schedule ........................................................................................................................ 6
2.2 RFP Contact information ..................................................................................................................... 6
2.3 Letter of intent .................................................................................................................................... 6
2.4 Questions regarding this RFP .............................................................................................................. 6
3 SCOPE, GOALS AND OBJECTIVES .................................................................................................................... 6
3.1 Scope of this project ............................................................................................................................ 6
3.2 Organizational Chart ........................................................................................................................... 7
3.3 Deliverables ......................................................................................................................................... 8
4 RFP SUBMISSION ............................................................................................................................................ 8
4.1 Proposal identification ........................................................................................................................ 8
4.2 Proposal submission and format ......................................................................................................... 8
4.3 Proposer responsibility........................................................................................................................ 8
4.4 Proposal completeness ....................................................................................................................... 8
4.5 Public record and proprietary material ............................................................................................... 8
4.6 Proposal validity duration ................................................................................................................... 9
4.7 Errors in proposals .............................................................................................................................. 9
4.8 Withdrawal of proposals ..................................................................................................................... 9
4.9 Rights to Submitted Material .............................................................................................................. 9
5 RFP EVALUATION, SELECTION, AWARD PROCESS .......................................................................................... 9
5.1 Proposal evaluation ............................................................................................................................. 9
5.2 Clarifications ........................................................................................................................................ 9
6 CONTRACT AWARD AND EXECUTION .......................................................................................................... 10
6.1 Selected proposals ............................................................................................................................ 10
6.2 Awarding proposal ............................................................................................................................ 10
6.3 Conditions ......................................................................................................................................... 10
6.4 Contract ............................................................................................................................................. 10
6.5 Non-endorsement ............................................................................................................................. 10
6.6 No cost before receipt ....................................................................................................................... 10
7 RFP RESPONSES (VENDOR INSTRUCTIONS) .................................................................................................. 10
7.1 Proposal content ............................................................................................................................... 10
8.1
RFP Submittal Document - Spreadsheet ........................................................................................... 11
8 EXHIBITS ....................................................................................................................................................... 13
EXHIBIT A – Sample Contract ............................................................................................................ 13
7.2
Page 4
1 INTRODUCTION
1.1 Purpose of this RFP
The City of Renton, WA (the “City”) is seeking proposals for an Information Technology Strategic
Plan.
Through this Request for Proposal (RFP), the City of Renton Information Technology Division is
soliciting proposals from qualified consultants experienced with the needs and operations of
local government, preferably in cities comparable to or larger than the City of Renton in
population, staffing, and infrastructure to assist with the development of an Information
Technology Strategic Plan. The City requires a significant breadth of technology expertise, but
the selected professional must also demonstrate an ability to facilitate the internal discussion
required to derive the City's technology mission, knowledgeable about industry trends and a
talent for presenting technically complex concepts in a simple, comprehensible way to the
layperson.
1.2 About the City of Renton, WA
The City of Renton serves about 106,785 residents in the Puget Sound region and ranks as the eighth
largest city in Washington State1.
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 mission of the City of Renton, in partnership and communication
with residents, businesses, and schools, is dedicated to:
• Provide a safe, healthy, and vibrant community
• Promoting economic vitality and strategically positioning Renton for the future
• Support planned growth and influence decisions to foster environmental sustainability
• Build an inclusive informed city with equitable outcomes for all in support of social,
economic, and racial justice
• Meeting service demands and provide high quality customer service
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 eight (8) elected officials.
City operations are performed 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,
Economic Development, Land Use Planning and Regulation, Municipal Courts, and General
Government services (Animal control, and museum system).
1 “April 1 Official Population Estimates.” Office of Financial Management, State of Washington Office of Financial Management, 1 Apr. 2021, www.ofm.wa.gov/washington-data-research/population-demographics/population-estimates/april-1-official-population-estimates.
Page 5
1.3 Primary use case of the Information Technology Strategic Plan
• Perform a comprehensive assessment of City's existing technology environment, conduct IT
usability analysis, stakeholder interviews, and evaluate emerging technologies.
• To create a well-documented plan to guide the City over the next five years in planning,
procuring, implementing, and managing the technology investments and resources in support of
the City’s strategic business objectives.
1.4 Technology environment at the City
• Desktops and Laptops – The computing environment at City includes approximately 700
computers throughout the City. Computers are configured with Microsoft Windows 10 64-bit
operating system. All hardware is less than 5 years old, and includes a minimum of an Intel i5
processor and at least 8 GB of RAM. Each computer is managed by a Microsoft Active Directory
domain. The standard desktop software suites in most of the City are Microsoft Office M365.
Some staff also use city issued mobile devices such as smartphones and tablets.
• Servers – The City’s server environment is comprised of both physical and virtual servers running
the latest versions of Microsoft Windows operating system. New system implementations
requiring server resources shall run in a vitalized environment.
• Database Management System (DBMS) – The City utilizes and supports the latest versions of
Microsoft SQL Server in a high availability environment.
• Email System – The City’s standard email platform is Microsoft Exchange Online.
• Network Infrastructure – the City has a fiber gigabit Metropolitan Area Network to
approximately 43 city facilities and parks. The city also leverages a wide-area WiFi and LTE
network connectivity for mobile users. All Windows OS mobile devices connect to the
Enterprise network through Net Motion VPN access.
• Backup and Disaster Recovery – The City currently has an enterprise backup system to backup
servers, systems, applications, and user data based on the retention schedule of the type of data
being stored.
• Retention Requirements –The City must meet applicable laws for State of Washington retention
schedules (RCW 40.14) for records. The City is legally obligated to retain records in a way that is
compliant with the State of Washington's document retention laws. The City must be able to
identify records, apply the appropriate retention policy, and properly dispose of records in
accordance with applicable laws when the retention period has been satisfied.
• Public Disclosure Requirements – The City must 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 records to fulfill a
given request, ensure immutability of the record, and have the ability to redact information that
is exempt from disclosure.
Page 6
2 RFP INFORMATION
2.1 Procurement schedule
Milestone Date (Pacific Time Zone)
RFP Published April 29, 2022
Questions due via email May 6, 2022 @4:00 PM
Responses to questions posted by May 13, 2022 @4:00 PM
Proposals due no later than May 31, 2022 @4:00 PM
Conduct Vendor Interviews/Site visits (optional) June 2022 *
Select Vendor June 2022 *
Contract Finalization July 2022 *
Kick Off Project July 2022 *
* Estimated dates Table 1 – Procurement Schedule
2.2 RFP Contact information
During the RFP process, a designated contact person will be responsible for official coordination and
communication with Responder concerning questions, project status, and announcements. During
the RFP process, the City of Renton requires vendors to not contact other City of Renton staff
regarding the RFP processes; failure to comply with this requirement may disqualify those proposals
from further consideration. The following email address is the City’s only official point of contact for
this RFP: 2022RFPITSP@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 2022RFPITSP@rentonwa.gov
2.4 Questions regarding this RFP
Interested parties must direct all questions regarding this RFP to 2022RFPITSP@rentonwa.gov by
the date and time specified in section 2.1.
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. Responses to questions will be posted on City’s website
at http://rentonwa.gov/bids by the date and time specified in section 2.1.
3 SCOPE, GOALS AND OBJECTIVES
3.1 Scope of this project
• The scope of work is to develop a 5-Year IT Strategic Plan for the City of Renton.
• Conduct project planning meetings with City’s project personnel coordinating this study.
Meetings should be held as needed to review progress, discuss current findings and
Page 7
issues, update the project plan and timetable, and review next steps in the project.
Monthly meetings of the project team during development are anticipated.
•Conduct a thorough analysis of the existing IT environment; infrastructure, services,
staffing, applications, and business systems. Identify if systems are utilized to their full
extent.
•Conduct an assessment of customer needs, facilitate working sessions, focus groups and
other data collection efforts.
•Identify emerging technology needs and major trends facing the City.
•Identify the key internal and external factors; strengths, weaknesses, opportunities, and
threats (SWOT analysis).
•Recommend IT Strategic Goals that will serve the direction and future of the City.
•Provide staffing analysis to be able to support the recommendations from this strategic
plan. At a minimum, comments will state the number of staff, job title or classification
updates, desired technical skill sets and areas they will likely support. Also include a
recommended organizational chart.
•Identify, prioritize, and estimated cost of projects that the Information Technology should
undertake over the next five years
•Perform an assessment and prepare a high-level summary of the City’s future technical
requirements.
•Develop a high-Level Implementation Plan
•Recommend strategic objectives that support and align with the City's Business Plan.
•Identify existing and available regional partnerships and collaboration strategies relevant
to the City of Renton.
•Identify existing and available outsourcing relationships and opportunities.
•Recommend relevant best practices and practical industry standards, such as project
management, that will support the strategic plan.
•Identify means and approaches to accommodate current and future technology
requirements and trends such as cloud computing (SAAS, PAAS, IAAS), mobile computing,
data storage and management. This should consider legal requirements, security
requirements, etc.
•Coordinate all requests for information and project meetings through the Information
Technology director or other designated representative. Update work progress and
direction with project managers at weekly intervals.
•Present findings in summary form prior to final report to administration and other
interested officials. Answer questions and explain logic and methodology as necessary.
Adjust direction and/or findings as necessary based on feedback from presentation.
3.2 Organizational Chart
The City Department organization chart can be found on the website at:
https://rentonwa.gov/UserFiles/Servers/Server_7922657/File/City%20Hall/HRRM/Organizational%2
0Charts/Org%20Chart%20March%202022.pdf
Page 8
3.3 Deliverables
Deliverables to be provided include:
Progress Reports – The consultant will report to the IT Director and shall submit
written progress reports summarizing major results of analyses.
Draft Plan - A draft strategic plan, comprised of a management summary, findings and
recommendations.
Final strategic plan - A final strategic plan compromised of:
a) The plan will address the topics listed herein and any others identified in the process of
stakeholder discussions.
b) An executive summary tailored for City Administration/Council,
c) A comprehensive documentation of findings and recommendations,
d) A tactical project plan outlining projects by priority that includes timelines and cost
estimates.
e) A Staffing Analysis detailing staffing levels, job classifications, and organizational
chart needed to accomplish the strategic plan.
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 submission and format
Your proposal must be submitted via email on or before the due date detailed in section 2.1 to
2022RFPITSP@rentonwa.gov. Section 7 of this RFP defines the file format of each submittal
attachment.
4.3 Proposer responsibility
Proposers are solely responsible for the timeliness of their submittals. As such, budget adequate
time to ensure proposals are delivered before the deadline.
4.4 Proposal completeness
By submitting a proposal, proposers certify that such proposal constitutes their full and complete
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 for additional information.
4.5 Public record and proprietary material
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. Marking the entire
proposal as proprietary will neither be accepted nor honored. If a request is made to view a
Page 9
Responder’s proposal, City of Renton will comply according to the Public Records Act, Chapter 42.56
Revised Code of Washington (RCW).
4.6 Proposal validity duration
Proposal and cost schedule shall be valid and binding for at least 90 days following proposal due
date and will become part of the contract that is negotiated with the City.
4.7 Errors in proposals
The Successful Responder is responsible for all errors or omissions in its proposal and any such
errors or omissions will not serve to diminish their obligations to the City. The City reserves the
right to make corrections or amendments due to errors identified in the proposal by either the
Successful Responder or the City. The City may waive minor irregularities contained within the
proposal documents.
4.8 Withdrawal of proposals
Responders may withdraw a submitted proposal, at any time up to the proposal closing date and
time. To accomplish this, a request by an authorized representative of the Responder must be
submitted to 2022RFPITSP@rentonwa.gov. After withdrawing a previously submitted proposal, the
Responder may submit another proposal at any time up to the proposal closing date and time.
4.9 Rights to Submitted Material
All Proposals and related correspondence submitted shall become the property of City of Renton
when received.
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:
•Project management and implementation plan
•Cost, rates, and fees
•Proposal responsiveness
•Firm/Consultant qualifications, experiences, references and experience
5.2 Clarifications
The City reserves the right to obtain clarification of any point in a Responder’s proposal or to obtain
additional information necessary to properly evaluate a proposal. Failure of a Responder to respond
to such a request for additional information or clarification may result in rejection of the Responder
proposal. The City’s retention of this right shall in no way reduce the responsibility of Responder to
submit complete, accurate, and clear proposals.
Page 10
6 CONTRACT AWARD AND EXECUTION
6.1 Selected proposals
Selected proposers may be contacted to arrange in-person or virtual interviews with the evaluation
committee.
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 all proposals will become a part of the official file 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 vendor meeting mandatory requirements may result in elimination of the
vendor from competition or in contract cancellation or termination.
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. A copy of the selected vendor’s RFP
response may choose to be referenced in the final contract.
6.5 Non-endorsement
In selecting a Responder to supply services, the City is neither endorsing nor suggesting that the
Successful Responder’s service is the best or only solution. The Successful Responder agrees not to
refer to the City in any literature, promotional material, brochures, sales presentation, or the like
without the City’s express written consent.
6.6 No cost before receipt
No cost chargeable to the proposed contract may be incurred before receipt of a fully executed
contract.
7 RFP RESPONSES (VENDOR INSTRUCTIONS)
7.1 Proposal content
In order to thoroughly analyze the responses to the RFP, vendors are required to prepare their
proposals in accordance with the instructions outlined in this section. Vendors whose proposals
deviate from these instructions may be considered non-responsive and may be disqualified at the
discretion of the City. All RFP Submittal Documents detailed below must be submitted at the time of
Respondent submitting in one email.
Page 11
Vendors must present their products, services and applicable features in a clear and concise manner
that demonstrates the vendors’ capabilities to satisfy the requirements of this RFP. Emphasis should
be concentrated on accuracy, clarity, comprehensiveness and ease of identifying pertinent
information and suitability of their services.
7.2 RFP Submittal Document - Spreadsheet
(right-click icon to open &/or save imbedded file)
Respondents must download, fill out and submit the above excel spreadsheet. Before submitting,
rename the file in the following format: ITStrategicPlan_2022_[CompanyName]_Spreadsheet.xlsx
where [CompanyName] is the name of your company. Example:
ITStrategicPlan_2022_CityOfRenton_Spreadsheet.xlsx
Following is a description of the different tabs found in the spreadsheet:
Information and Questions: Answer questions in this tab with information about your company and
experience.
Executive Summary: Provide a high-level overview of your proposal.
Qualifications and Experience: Describe Respondent’s experience conducting an IT Strategic Plan in
a local government setting. Please include the qualifications and experience for any proposed sub-
contractors in the narrative.
Alternative: If Respondent’s qualifications and experience narrative does not format well
within the provided excel spreadsheet, respondent may choose to submit a separate .pdf,
.doc or .docx document. The name of the document should be in the following format:
ITStrategicPlan_2022_[CompanyName]_Qualifications.[pdf]. In the spreadsheet narrative
section, enter ‘See [DocumentName] document’.
Approach and Methodology: Create a narrative which shows Respondent’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.
Alternative: If Respondent’s approach and methodology narrative does not format well
within the provided excel spreadsheet, Respondent may choose to submit a separate .pdf,
.doc or .docx document. The name of the document should be in the following format:
ITStrategicPlan_2022_[CompanyName]_Approach.[pdf]. In the spreadsheet narrative
section, enter ‘See [DocumentName] document’.
Project Management Philosophy and Schedule: Create a narrative which describes how
Respondent 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 meeting, regularly scheduled project team meetings, written
progress reports, issue and risk management techniques.
Alternative: If Respondent’s project management philosophy and schedule narrative does
not format well within the provided excel spreadsheet, respondent may choose to submit a
separate .pdf, .doc or .docx document. The name of the document should be in the
Page 12
following format: ITStrategicPlan_2022_[CompanyName]_ProjectManagement.[pdf]. In the
spreadsheet narrative section, enter ‘See [DocumentName] document’.
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 into hours, hourly rates
and expenses for each task and subtask. All prices are to be in U.S. dollars. All applicable taxes to be
paid by the City must be separately shown. Provide an hourly rate for professional services that may
be required to complete the project, but was not originally scoped. The quoted rate(s) is expected
to be applied for the duration of the project (as described herein).
The bottom of the costs worksheet provides a location where vendor can propose a payment
schedule narrative. With each deliverable and amount, explain why those particulars were chosen.
Indicate all costs associated with each service included in the proposal.
Client References: Populate the list with a minimum of three (3) client references who recently used
your services in a similar engagement. References are preferred to be local government agencies
physically located within a 50-mile radius to the City of Renton. The City reserves the right to
contact references without prior notification.
Page 13
8 EXHIBITS
8.1 EXHIBIT A – Sample Contract
AGREEMENT FOR IT STRATEGIC PLAN 2022
THIS AGREEMENT, dated for reference purposes only as Month XX, XXXX, is by and between the City
of Renton (the “City”), a Washington municipal corporation, and Click here to enter text.
(“Consultant”), Click here to enter text.. 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 Click here to enter text. as specified in Exhibit Click here
to enter text., which is attached and incorporated herein and may hereinafter be referred to as the
“Work.”
2.Changes 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 Click here to enter text. 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 Click here to enter text.. All Work shall be performed by no later than
Click here to enter text..
4.Compensation:
A.Amount. Total compensation to Consultant for Work provided pursuant to this Agreement shall
not exceed $Click here to enter text., plus any applicable state and local sales taxes. Compensation
shall be paid as a flat rate fixed sum based upon Work actually performed according to the rate(s)
or amounts specified in Exhibit Click here to enter text.. 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 Click here to enter text.. 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.
Page 14
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.
6. Warranties And Right 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).
Page 15
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 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.
Page 16
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 17
12.City of Renton Business License: Unless exempted by the Renton Municipal Code, t 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:
https://www.rentonwa.gov/Tax
Information regarding State business licensing requirements can be found at:
https://dor.wa.gov/doing-business/register-my-business
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 Vendor’s vehicles on the City’s Premises by or on behalf of the City, beyond normal
commutes.
E.Cyber Liability Insurance is required, with limits not less than $2,000,000 per occurrence or claim,
with $2,000,000 aggregate minimum. Coverage shall be sufficiently broad to respond to the
duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be
limited to, coverage, including defense, for the following losses or services: claims involving
infringement of intellectual property, infringement of copyright, trademark, trade dress, invasion
of privacy violations, information theft, damage to or destruction of electronic information,
release of private information, alteration of electronic information, extortion and network
security, coverage for unauthorized access and use, failure of security, breach of confidential
information, or privacy perils. The policy shall provide coverage for breach response costs, to
include but not limited to crisis management services, credit monitoring, public relations, legal
service advice, notification of affected parties, independent information security forensics firm,
Page 18
and costs to re-secure, re-create and restore data or systems as well as regulatory fines and
penalties with limits sufficient to respond to these obligations.
F.Vendor 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 Vendor liability, nor shall the maintenance of any insurance required by this Agreement be
construed to limit the liability of Vendor to the coverage provided by such insurance or otherwise
limit the City’s recourse to any remedy available at law or in equity. Additional Insured
requirements do not apply to Cyber Liability nor Professional Liability insurance, if applicable.
G.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.
H.Vendor shall provide the City with written notice of any policy cancellation, within two (2)
business days of their receipt of such notice.
14.Safeguarding of Personal Information; Intellectual Property:
A.Personal Information: Vendor shall not use or disclose Personal Information, as defined in
chapter 19.255 RCW, in any manner that would constitute a violation of federal law or applicable
provisions of Washington State law. Vendor 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.
Vendor 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.
Vendor shall protect Personal Information collected, used, or acquired in connection with the
Agreement, against unauthorized use, disclosure, modification or loss.
Vendor and its sub-providers agree not to release, divulge, publish, transfer, sell or otherwise
make Personal Information known to unauthorized persons without the express written consent
of City or as otherwise authorized by law.
Vendor agrees to implement physical, electronic, and managerial policies, procedures, and
safeguards to prevent unauthorized access, use, or disclosure of Personal Information.
Page 19
Vendor shall make the Personal Information available to amend as directed by City and
incorporate any amendments into all the copies maintained by the Vendor or its subcontractors.
Vendor shall certify its return or destruction upon expiration or termination of the Agreement
and the Vendor shall retain no copies. If Vendor and City mutually determine that return or
destruction is not feasible, the Vendor shall not use the Personal Information in a manner other
than those permitted or authorized by state and federal laws.
Vendor shall notify City in writing immediately upon becoming aware of any unauthorized access,
use or disclosure of Personal Information. Vendor shall take necessary steps to mitigate the
harmful effects of such use or disclosure. Vendor is financially responsible for notification of any
unauthorized access, use or disclosure. The details of the notification must be approved by City.
Any breach of this clause may result in termination of the Agreement and the demand for return
of all Personal Information.
B. Intellectual Property: Each Party retains all right, title, and interest under applicable contractual,
copyright and related laws to their respective Information, including the right to use such
information for all purposes permissible by applicable laws, rules, and regulations.
15. Delays: 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.
16. Successors and Assigns: 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.
17. 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
Page 20
Project Manager Name
1055 South Grady Way
Renton, WA 98057
Phone: (425) 430-XXXXXXXX
E-mail Address
Fax: (425) 430-XXXXXXXX
Project Manager Name
Street Address
City, State Zip
Phone: (XXX) XXX-XXXX
E-mail Address
Fax: (XXX) XXX-XXXX
18.Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification,
the Consultant agrees as follows:
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.
19.Miscellaneous: The parties hereby acknowledge:
A.The City is not responsible to train or provide training for Consultant.
Page 21
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.
20.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 Management. The City’s project manager is Enter name of
Contract/Project Manager. 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.
Page 22
E.Governing 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 Drafting 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. Consultant hereby expressly consents to the
personal and exclusive jurisdiction and venue of such court even if Consultant is a foreign
corporation not registered with the State of Washington.
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 Agreement. 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.
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.Binding 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.
Page 23
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
By:_____________________________
CONSULTANT
By:____________________________
Enter Signer’s Name
Enter Signer’s Title
Enter Signer’s Name
Enter Signer’s Title
_____________________________
Date
_____________________________
Date
Attest
_____________________________
Jason A. Seth
City Clerk
Approved as to Legal Form
Page 24
By: __________________________
Enter City Attorney Name
Enter City Attorney Title
Clb NS – IT Strategic Plan 4-28-22 (2023)