2-Water, Sewer, and Stormwater Comprehensive Cost of Service and Utility Rate Design Study RFP.pdf

Request for Proposal (RFP):

Water, Sewer, and Stormwater Comprehensive Cost of Service and Utility Rate Design Study UNSPSC Code: 801015 (Business and Corporate Management Consultation Services) UNSPSC Code: 81101516 (Energy or Utility Consulting Service)

Issued by: City of Westerville, Ohio | December 2025

RFP Deadline Dates

• Open Date: December 18, 2025

• Questions Due Date: January 9, 2026, 5:00 PM EST

• Close Date/Deadline for Responses: January 22, 2026, 5:00 PM EST

Contact Information

• Point of Contact: D. Grant Crawford, Director of Public Service

• Email: bids@westerville.org

• Project Portal: https://westerville.bonfirehub.com/opportunities/214261 mailto:bids@westerville.org https://westerville.bonfirehub.com/opportunities/214261

TABLE OF CONTENTS

● Checklist – pg. 3

● Purpose – pg. 4

● Background – pg. 4

● Scope of Work – pg. 5

● Proposal Content – pg. 11

● Submission Instructions – pg. 13

● Presentation, Demonstration, and Interview – pg. 14

● Review and Evaluation – pg. 14

● Right of Refusal – pg. 16

● Procurement Schedule – pg. 16

● Public Records – pg. 16

● Non-Waiver of Rights – pg. 17

● Relationship of the Parties – pg. 17

● Termination – pg. 17

● Expense of Preparing Responses – pg. 17

CHECKLIST

Offerors are urged to complete this checklist to confirm that all required documents are included with their proposal.

I. REQUIRED PROPOSAL FORMS

TRANSMITTAL LETTER (offeror supplied)

PROFESSIONAL SERVICES PROPOSAL (offeror supplied)

II. OPTIONAL PROPOSAL FORMS

RESUMES FOR KEY PROFESSIONALS (as needed – offeror supplied)

EXCEPTIONS LETTER (as needed – offeror supplied)

CONTRACT FORMS (download from Project Portal)*

*Offerors are urged to include completed Contract Forms (including a Noncollusion Affidavit and Personal Property Tax Affidavit) with their proposal. If not included with the submission, the Successful Offeror will be required to execute and submit such forms before contract award. These forms are available for download at:

PURPOSE

The purpose of this Request for Proposal (RFP) is to solicit proposals from professional services providers with demonstrated experience in water, sewer, and stormwater utility rate design studies. Although the City of Westerville (“City”) conducts annual internal financial reviews and service rate adjustments for its water, sewer, and stormwater utilities, it seeks an outside consultant to perform a comprehensive analysis. This analysis is intended to better understand the full cost of providing these services, including ongoing operating and capital replacement and expansion needs. The consultant shall report their findings in a manner that can serve as a basis for making informed policy decisions regarding fees and rates, establishing the appropriate level of future revenues needed to cover future operating and capital costs. The rate analysis should focus on the City's needs over the next five years, with projections and financial models extending through the next ten years.

BACKGROUND

Water The City’s municipally operated water treatment plant and distribution network are supported by a dedicated Water Enterprise Fund providing the revenue and expenditure accounting mechanism needed for such operations. City Council has a set fiscal policy for the Water Enterprise Fund, and the City’s Five-Year Financial Plan, encompassing capital and operating budget needs, is prepared assuring that the projected Water Enterprise Fund balance will meet or exceed fiscal policy in all years.

Sewer The City contracts with the City of Columbus and Delaware County Sewer District for sewage treatment services. Revenues from the sanitary sewer services provide the necessary monies for operating expenses, capital expenses and debt service, and a dedicated Sewer Enterprise Fund provides the revenue and expenditure accounting mechanism for such services. City Council has a set fiscal policy for the Sewer Enterprise Fund, and the City’s Five-Year Financial Plan, encompassing capital and operating budget needs, is prepared assuring that the projected Sewer Enterprise Fund balance will meet or exceed fiscal policy in all years.

Stormwater The City’s stormwater operations are funded by the General Fund, which provides an accounting of the primary operating revenues and expenditures of the City. Additionally, a dedicated Stormwater Capital Improvement Fund exists providing for financial resources to be utilized for construction and/or capital improvements relating to stormwater infrastructure. The primary revenue source for this fund is an annual interfund transfer from the General Fund. City Council has a set fiscal policy for the General Fund, and the City’s Five- Year Financial Plan, encompassing capital and operating budget needs, is prepared assuring that the projected General Fund balance will meet or exceed fiscal policy in all years.

https://www.westerville.org/home/showpublisheddocument/40355/639010453127700000 https://www.westerville.org/home/showpublisheddocument/40355/639010453127700000

As part of the utility rate design study, the City would like to consider the establishment of a dedicated stormwater utility.

SCOPE OF WORK

The RFP respondent that is awarded a contract on the merits of their offer (hereinafter “Successful Offeror” or “Consultant”) shall provide such professional consulting services as directed and authorized by the City of Westerville and shall be responsible for the following outcomes:

It is expected that the Consultant’s work will culminate in the delivery of a comprehensive report to the City that shall assist the Westerville Public Service Department and Water Division with (1) determining the full cost of services provided to the City’s water, sewer, and stormwater utility customers, (2) developing a rational basis for setting fees and rates for services, and (3) developing an updatable and comprehensive list of fees and rates for services.

The City anticipates that the Consultant will commence services on or about March 1, 2026, with preliminary findings and recommendations due to City staff by the end of May 2026 and the finalized report due to the City no later than June 30, 2026. This timing will allow the Consultant’s study and report to be completed in time to incorporate findings and recommendations into the City’s fiscal year 2027 budgeting process.

Minimum Specifications

General At a minimum, the City requires the Consultant to provide the following general services:

Data Review

• Review relevant materials, reports, and studies developed for the City related to rates, including historical cost of service studies, ordinances, and applicable contracts. Review the City’s Water, Sewer, and Stormwater funds, current rates and charges, customer classes, current usage data, debt expenses, and future planned growth. Review the City’s Budget, and Annual Comprehensive Financial Reports.

• Data Collection: If current usage or consumption data is deemed inadequate, propose and execute an industry-accepted method of collecting any additional information necessary to support the analysis.

https://www.westerville.org/services/finance https://www.westerville.org/services/finance

Financial Planning and Revenue Requirements

• Develop a comprehensive ten-year financial risk-based analysis model for the City’s water, sewer, and stormwater services. This model should project each service’s revenues, operations and maintenance (O&M) expenditures, capital improvement costs, reserve funding, and debt service costs.

• Determine the revenue required to support water, sewer, and stormwater operations, including current and planned capital for the next ten years.

• Review the funding requirements for capital equipment replacement and recommend a prudent reserve policy for operations, capital replacement, and emergencies.

• Evaluate the actual costs required to cover facility and office support expenses that are utility-related but not directly paid by the utilities.

• Develop a ten-year rate track (at a minimum) to maintain the financial stability of each utility and minimize potential rate impacts on customers.

Cost of Service Analysis and Rate Design

• Prepare a cost of service analysis for each utility that fairly and equitably allocates and distributes costs across customer classes, while adequately funding revenue requirements (O&M, capital improvements, debt service).

• Reevaluate the various rate classes of residential and commercial customers, examining their demands for services and the essential cost of providing service to each class. Identify potential new rate classes or adjustments to existing classes.

• Provide a comparative analysis that illustrates how Westerville’s rates compare in cost to neighboring utilities.

• Provide a fee review looking at current policies and trends related to payment options, deposit amounts, connections, disconnects, late fees, and deposits in comparison to other utilities. Review miscellaneous fees to assure they are reasonable and not outdated.

Capacity/Impact Fee Review

• Review impacts of projected new development and redevelopment on rates. As part of this review, the Consultant should differentiate capital costs associated with rehabilitation/replacement of existing utilities from capital costs for improvements required for expansion of service as a result of new development.

• Recommend capacity fees (impact fees) that appropriately represent new development's share of capital costs required to accommodate their addition to the respective systems.

Stormwater Utility Development

• As part of this effort, the City would like to work with the Consultant to consider the establishment of a stormwater utility. To help the City make an informed decision, the Consultant shall:

• Develop a ten-year financial model that projects all operational expenses, regulatory compliance costs, and the Capital Improvement Plan (CIP) for the stormwater system.

• Determine the necessary annual revenue requirements for the new Stormwater Enterprise Fund to operate fully self-sufficiently.

• Utilize GIS data and aerial imagery to quantify the impervious area for all developed parcels within the service area. Develop a methodology for calculating/generating an ERU value. Generate an equitable methodology for assigning ERU values to parcels/determining the fee for customer classes.

Include analysis of alternative rate structures, i.e. flat rate, tiered rate based on ERU, impervious area per property, etc. Impervious area mapping and calculations are to be exported in the City's required format for inclusion into the City’s GIS System and record-keeping systems.

• Draft a proposed Stormwater Utility Ordinance that legally establishes the utility, defines its services, and defines the fee structure.

• Develop a clear, phased implementation plan, and a proposed timeline for fee adoption should the City wish to proceed with establishing a stormwater utility.

Final Reporting and Implementation Support

• Prepare draft and final reports that summarize in detail the study’s findings, assumptions, methodologies, and recommendations and serve as a document of record.

Draft and final deliverables shall be made available in Word, Excel, and PDF file formats. Word and Excel formats shall be editable by City Staff.

• In support of the above task, recommend code modifications as it relates to the rate structures to be shared with the City’s Law Department for consideration.

• In support of the above task, conduct rate workshops with staff as necessary and develop strategies for implementing significant rate changes to reduce any adverse impact on customer classes (if some of the changes are larger in nature a multi-year strategy may be needed).

• Final recommendations shall include a functioning electronic model (in a format acceptable to the City) with a comprehensive list of fees and rates for services for the City’s internal use and updates.

Project Management At a minimum, the City requires the Consultant to provide the following project management services:

• At the inception of the project, the Consultant shall provide a project management tracking workflow document with key milestone dates.

• The Consultant shall conduct a formal project kick-off meeting to include Westerville Public Service Department and Water Division management staff and key project stakeholders.

• The Consultant shall be available for inquiries and to assist City staff as needed through the end of calendar year 2026. Consultant presentations to City Council and/or the development of presentation materials for

City Council may be needed as part of this ongoing support.

Experience The City seeks a professional service provider with at least five (5) years of experience working with public sector and utility clients on projects similar in size and scope, including extensive experience in user fee studies.

The Consultant shall have adequate personnel to ensure prompt and efficient service to the City.

Additional Requirements

Assignment Neither the Consultant nor the City shall sell, transfer, assign or otherwise dispose of the contract or any portion thereof, or their right, title, or interest therein, or the obligation thereunder, without the written consent of the other party.

Compliance The Consultant shall observe and comply with all applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction over the City’s contract.

The Consultant shall comply, when applicable, with the U. S.

Department of Labor, Safety and Health Regulations identified as Chapter XVII of Title 29, Code of Federal Regulations (CFR) Parts 1910 and 1926 and subsequent amendments.

The Consultant agrees that in the hiring of employees for the performance of work under the City’s contract or any subcontract, no contractor, subcontractor, or any person acting on his behalf shall, by reason of race, color, religion, sex, national origin, age, familial status, military status, disability, pregnancy, sexual orientation, gender identity, or gender expression, or any prohibition provided by federal or state law, discriminate against any citizen of the State in the employment of labor or workers who are qualified and available to perform the work to which the employment relates, nor shall any contractor, subcontractor, or any person acting on his behalf, in any manner, discriminate against or intimidate any employee hired for the performance of work under the City’s contract on account of race, color, religion, sex, national origin, age, familial status, military status, disability, pregnancy, sexual orientation, gender identity, or gender expression, or any prohibition provided by federal or state law.

Indemnification/ Insurance

To the extent authorized by law, the Successful Offeror shall indemnify and hold harmless the City, its officers, elected officials, agents, and employees from and against all claims, damages, losses and expenses, including attorney’s fees arising out of or resulting from the Successful Offeror’s performance, provided that any such claims, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom; and is caused in whole or in part by any negligent or willful act or omission of the Successful Offeror, subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable.

The Consultant and the Consultant’s subcontractors shall secure and maintain Liability and Property Damage Insurance

(1) in an amount not less than One Million Dollars ($1,000,000) for bodily injuries, including wrongful death, to any one person, subject to the same limit for each person, in an amount not less than Two Million Dollars ($2,000,000) for bodily injury damages for any one accident; and (2) in an amount not less than One Million Dollars ($1,000,000) for property damages on account of one accident and in an amount not less than Two Million Dollars ($2,000,000) for damages for all accidents.

Professional Liability insurance shall be maintained in an amount not less than One Million Dollars ($1,000,000) per claim and in an amount not less than Two Million Dollars ($2,000,000) aggregate. If the Consultant and the Consultant’s subcontractors maintain higher limits than the minimums shown above, the City shall be entitled to coverage for the higher limits.

Contract The offeror to whom the award is made will be required to execute a written contract with the City of Westerville, Ohio, as required by the City Manager.

A non-mandatory pre-proposal conference will be held for all offerors on Thursday, January 8, 2026, at 11:00 AM (EST) via Google Meet.

Video call link: https://meet.google.com/hpy-napi-fhq Or dial: 3958-232-(US) +1 260 PIN: 521 575 860# https://meet.google.com/hpy-napi-fhq

PROPOSAL CONTENT

Proposals should include concise but complete information about your company, emphasizing why you believe your company to be best qualified to furnish services in support of the City’s project needs.

At a minimum, the Proposal should include:

● Transmittal Letter (REQUIRED - offeror supplied PDF; should not exceed two (2) electronic pages). Provide an introductory letter that (1) states the full name and address of your company, (2) states the number of years you have been providing consulting services under your present firm or trade name, and (3) includes the name, telephone number, and email address of the contact person for the submission.

Additionally, this introductory letter should succinctly highlight your understanding of the project and the benefits of accepting your proposal, explaining the value that you provide to the City.

● Professional Services Proposal (REQUIRED - offeror supplied PDF; should not exceed twenty (20) electronic pages). All proposals should specifically address the following items:

o Background and Overview

▪ Provide a brief history and overview of your background (or your team’s background), including (1) the number of years your organization has been providing services similar to those discussed, (2) your number of employees providing consulting services, (3) your overall number of clients that have received or are receiving similar utility rate study services, and (4) your number of Ohio and public sector clients that have received or are receiving similar services.

▪ Please identify the lead consultant and any other key staff positions your company will assign to the City. Please provide biographical sketches highlighting their qualifications and experience. Resumes for key professionals are encouraged and may be submitted as OPTIONAL forms.

▪ Please identify if any subcontractors will be used to furnish the requested services. If yes, please identify all subcontractors by name and explain the prime contractor and subcontractor relationship between the parties.

o Experience & Qualifications

▪ Describe your experience, and your project team's experience, in successfully delivering utility rate study services of a similar nature and scope. Please provide details of any professional qualifications that relate to the project.

▪ Please identify at least five (5) public sector and utility client references (including contact names, email, and phone numbers. For each reference, please include a summary of the work performed.

▪ Please share examples of innovative solutions you have successfully implemented for clients of similar size and complexity.

▪ Please state if any governmental agency has ever suspended or debarred your company. If yes, explain.

o Project Approach

▪ Please demonstrate your understanding of the project scope and the

City’s needs and objectives.

▪ Please disclose your approach, ideas, and methodologies for meeting the City’s needs and objectives for the deliverables described in this RFP.

▪ Please describe your planned resource allocation for this project.

▪ Please elaborate on your data collection and analysis methods.

▪ Please discuss your strategies for ensuring stakeholder engagement.

▪ Please describe your approach to project management and communication. What sets your management and communication programs apart from other companies that provide similar services?

▪ Please provide a detailed timeline for how your company will furnish services if awarded a contract, including key milestones and deliverables. Provide a timeline that begins upon notification of contract award through completion of all project tasks and deliverables by June 30, 2026.

▪ Please include up to two (2) work product examples of recently completed studies/reports. (Work product examples will not be counted against the page limit.)

▪ Additional Information—Respondents are invited to provide any additional information and/or value-added services specific to the RFP parameters that will assist the City in considering their proposal overall.

o Cost

▪ The project cost is important to the City. Submissions shall include a complete cost proposal for all phases/services/deliverables, including a total lump sum not to exceed fee for the entire project.

● Exceptions Letter (OPTIONAL – offeror supplied PDF). Should you take exception to ANY requirements, terms and conditions identified in this RFP, a letter must be submitted with your response identifying ALL exceptions. Exceptions will be part of the evaluation process. The City will not entertain any exceptions not previously submitted with the offeror’s response at the time of contract negotiations.

● Contract Forms (OPTIONAL – download from Project Portal). Offerors are urged to include completed Contract Forms (including a Noncollusion Affidavit and Personal Property Tax Affidavit) with their proposal. If not included with the submission, the Successful Offeror(s) will be required to execute and submit such forms before contract award.

SUBMISSION INSTRUCTIONS

Requested Information:

Name Type # Files Requirement

Transmittal Letter (offeror supplied) File Type: PDF (.pdf) 1 File Required

Professional Services Proposal (offeror supplied) File Type: PDF (.pdf) 1 File Required

Resumes for Key Professionals (offeror supplied) File Type: PDF (.pdf) 1 File Optional

Exceptions Letter (offeror supplied) File Type: PDF (.pdf) 1 File Optional

Contract Forms (download from Project Portal) File Type: PDF (.pdf) 1 File Optional

Requested Documents:

Please note the type and number of files allowed. The maximum upload file size is 1000 MB.

Please do not embed any documents within your uploaded files, as they will not be accessible or evaluated.

Upload your submission at: https://westerville.bonfirehub.com/opportunities/214261

You will not be able to prepare a submission unless you submit 'Yes' for your Intent to Bid.

The Q&A period for this opportunity is December 18, 2025, 3:00 PM (EST) to January 9, 2026, 5:00 PM (EST). You will not be able to send messages after this time. Questions may be submitted to the City at either Bids@westerville.org or via the Project Portal. Questions will be documented, and an addendum will be issued with the City’s responses. The City will endeavor to have a copy of such addendum delivered to each person receiving a Request for Proposal; however, it is ultimately the Offeror’s responsibility to check the City’s Bonfire Procurement Portal (https://westerville.bonfirehub.com/opportunities/214261) for verification of any issued addenda.

Your submission must be uploaded, submitted, and finalized prior to the Closing Time of January 22, 2026, 5:00 PM (EST). We strongly recommend that you give yourself sufficient https://westerville.bonfirehub.com/opportunities/214261 mailto:Bids@westerville.org time and at least ONE (1) day before the Closing Time to begin the uploading process and to finalize your submission.

Important Notes:

Each item of Requested Information will only be visible after the Closing Time.

Uploading large documents may take significant time, depending on the size of the file(s) and your Internet connection speed.

You will receive an email confirmation receipt with a unique confirmation number once you finalize your submission.

Minimum system requirements: Microsoft Edge, Google Chrome, or Mozilla Firefox.

Javascript must be enabled. Browser cookies must be enabled.

It is the sole responsibility of the offeror to see that their proposal is received in the proper time. Proposals received after the specified time will not be considered.

Adherence to the rules set forth in this RFP is mandatory to ensure a fair and objective analysis of all proposals. Failure to comply with or complete any portion of this request may result in the rejection of a submitted proposal.

Receipt of a proposal by the City or submission of a proposal to the City confers no rights upon the offeror nor obligates the City in any manner.

Need Help? The City uses a Bonfire portal for accepting and evaluating proposals digitally.

Please contact Bonfire at Support@GoBonfire.com for technical questions related to your submission. Please direct general inquiries to bids@westerville.org.

PRESENTATION, DEMONSTRATION, AND INTERVIEW

Selected offerors may be invited to submit product samples/sample materials and/or make presentations to City personnel. Representative(s) attending/hosting these presentations must be qualified to respond to questions related to any component of the proposal.

REVIEW AND EVALUATION

The City will use a Proposal Evaluation Committee (PEC) comprised of project stakeholders and other City personnel to review all proposals received as part of a documented evaluation process. For each decision point in the process, the PEC will evaluate offerors on a variety of quantitative and qualitative criteria and will then elevate a select number of offerors to compete in the next level. Offerors not previously elevated may be elevated at a later date. The lowest price proposal will not necessarily be selected.

mailto:support@gobonfire.com mailto:bids@westerville.org

The sole purpose of the proposal evaluation process is to determine which offeror can provide the best value to the City (highest level of service and desired deliverables in the most cost-effective manner that most closely meets the City’s needs). The evaluation process is not meant to imply that one offeror is superior to any other, but rather that the selected offeror can best support the City’s needs, based on the information available and the City’s best efforts of determination.

● Evaluation Criteria The proposal evaluation criteria should be viewed as standards that measure how well an offeror’s approach meets the desired requirements and needs of the City. The criteria that will be used to evaluate proposals may include, but are not limited to the following:

Title Points Type Description

Responsiveness 10 pts Rated - Scale [0 - 10] The degree to which the offeror’s Transmittal Letter and overall proposal have responded to the purpose and scope of the RFP—e.g., services to be provided, including, but not limited to, conformance in all material respects to the RFP.

Scored by PEC.

Experience & Qualifications

30 pts Rated - Scale [0 - 10] Offeror's experience in providing services and deliverables as requested in the RFP, including but not limited to the quality of references/reference checks and the moral/business integrity to assure good faith performance. Scored by PEC.

Capability & Project Approach

50 pts Rated - Scale [0 - 10] Offeror's capability, flexibility, and skill to meet the City’s requirements and perform the work identified in the RFP, including but not limited to approach, project management, service methodologies, creative alternatives, and value-added services.

Scored by PEC.

Cost 10 pts Relative (lowest gets full marks)

During the initial evaluation phases, cost represents no more than 10 percent of the overall points. Scored by the Procurement Division relative to lowest response (lowest gets full marks).

Prior to making a contract award recommendation, the PEC may elect to use cost to perform a trade-off analysis for finalists to determine if the technical differences between proposals justify paying a cost or price differential.

The City reserves the right to determine the suitability of proposals on the basis of any or all of these criteria or other criteria not included in the above list. This detailed evaluation process may result in one or more finalists. The City may request presentations by finalists and may carry out contract negotiations to obtain best and final offers.

● Validity of Proposals Proposals are to be good for ninety (90) days from the proposal due date. The City may hold the proposals for ninety (90) days after the proposal due date, and may award a contract at any time during that period. Should there be reasons why a contract cannot be awarded within the specified period; the time may be extended by mutual agreement between the City and the selected offeror.

● Contract Negotiations/Award The City reserves the right to (a) reject any or all proposals or to make no award, (b) request modifications to initial proposals, or (c) make partial or multiple awards. In addition, the City reserves the right to obtain other supplemental information concerning the offerors. The City further reserves the right to excuse technical defects in a proposal when, in its sole discretion, such excuse is beneficial to the City. The City may award based on initial proposals received, without discussion of such proposals.

RIGHT OF REFUSAL

The City reserves the right to reject any and all proposals in their entirety or to select certain applications from the proposals. The City reserves the right to award a contract in any manner deemed in the best interest of its citizens.

PROCUREMENT SCHEDULE

RFP Date 12/18/2025 Pre-Proposal Conference 1/8/2026 Deadline for Submission of Written Questions 1/9/2026 Date of City Response to Above-Mentioned Questions 1/15/2026 Proposals Due 1/22/2026 Evaluation of Proposals 1/29/2026 Presentations/Interviews 1/30/2026 – 2/13/2026 Contract Negotiations/Award 2/14/2026 – 2/28/2023 Commencement of Services on or about 3/1/2026

PUBLIC RECORDS

In entering into a contract with the City (or responding to a City solicitation), all offerors are hereby notified that all bids, proposals, quotations, RFI responses, agreements, invoices, correspondence, and any other documents submitted to the City become public property and are subject to public disclosure in accordance with Ohio Public Records Law. All public records will be made available upon request at the earliest time permitted by law.

Ownership of all data, materials, and documentation originated and prepared for the City pursuant to this RFP shall belong exclusively to the City and be subject to public disclosure in accordance with Ohio Public Records Law.

NON-WAIVER OF RIGHTS

No failure of either party to exercise any power given to it hereunder or to insist upon strict compliance by the other party with its obligations hereunder, and no custom or practice of the parties at variance with the terms hereof, nor any payment under this agreement shall constitute a waiver of either party’s right to demand exact compliance with the terms hereof.

RELATIONSHIP OF THE PARTIES

The relationship between the parties to a contract resulting from this solicitation shall be that of independent contractors. Nothing contained herein shall be interpreted or construed as establishing an agency or employer/employee relationship between the parties or between either party and the employees or representatives of the other party. The Successful Offeror is responsible for all Social Security taxes and Bureau of Workers Compensation contributions for itself and any of its employees.

TERMINATION

The City reserves the right to terminate any contract resulting from this solicitation in whole or in part for default (termination due to the Consultant’s failure to perform satisfactorily) or convenience (termination due to the best interests of the City). After ten (10) days from delivery of a written notice to the Consultant, the City may, without cause and without prejudice to any other right or remedy, elect to terminate the contract. In such case, the Consultant shall be paid for work executed, goods delivered and accepted, and any expense sustained plus reasonable profit, unless such termination was due to the act or conduct of the Consultant.

EXPENSE OF PREPARING RESPONSES

The City accepts no responsibility for any expenses incurred by the responders to this RFP, including the cost associated with RFP responses and presentations. Such expenses are to be borne exclusively by the responders.