Comencement Streaming RFQ V1.1.docx

Request for Quotation Solicitation # 2425-101 Graduation Commencement Video Streaming Services Due Date for Responses: May 23, 2025 by 3:30pm

PURPOSE

Skagit Valley College (SVC, College) issues this solicitation to obtain quotation for video streaming services for the 2025 graduation commencement ceremonies (June 18-20, 2025) on the Mount Vernon and Whidbey Island campuses in facilities operated by Skagit Valley College.

CONTENTS

COORDINATOR FOR THE RFQRFQ COORDINATOR

Garrett Dahl, Procurement & Supply Specialist

CONTACT INFORMATION

garrett.dahl@skagit.edu

Consultants are to rely on written information issued by the RFQ Coordinator. Any other communication will be considered unofficial and non-binding on the College. Communication directed to parties other than the RFQ Coordinator may result in disqualification of the Consultant.

ADDENDA TO THE RFQ

In the event it becomes necessary to revise any part of this RFQ, addenda will be issued. This opportunity is posted on the Washington Electronic Business Solutions (WEBS) website at: https://fortress.wa.gov/ga/webscust/. For this purpose, the published questions and answers and any other pertinent information shall be provided as an addendum to the RFQ and will be placed on this website. For further information on registering with the WEBS go to: http://des.wa.gov/services/contracting- purchasing/doing-business-state/webs-registration-search-tips.

QUESTIONS

The RFQ schedule of events will provide a question and answer period. Firms interested in submitting responses may send questions via email to the RFQ Coordinator with RFQ 2425-101 in the subject line by established due date for questions. Questions will be answered in an RFQ Addendum.

SCHEDULE OF RFQ EVENTS

Skagit Valley College reserves the right to revise the above schedule. Evaluation of responses, interviews or presentations if requested, announcement of “Apparent Successful Consultant”, notifications to unsuccessful proposers, debriefings, and contract negotiations will all be subject to change and to the availability of the evaluation team. The College also reserves the right to cancel or to reissue the RFQ in whole or in part, prior to execution of a contract.

REQUIREMENTS FOR RFQ RESPONSE SUBMISSION

The RFQ should be addressed as follows and must arrive in the office of the RFQ Coordinator in Mount Vernon, WA by the due date and time specified below. Emailed responses will be accepted.

2405 East College Way

Bidders submitting responses should allow adequate delivery time to ensure timely receipt of their responses by the RFQ Coordinator. Bidders assume the risk for the method of delivery chosen. Skagit Valley College assumes no responsibility for delays caused by any delivery service. All responses and any accompanying documentation become the property of Skagit Valley College and shall not be returned.

OBJECTIVE OF THE RFQ

Skagit Valley College IT Department wishes to provide on-site video streaming services for the 2025 graduation commencement ceremonies, taking place on both the Mount Vernon and Whidbey Island campuses. The objective of the RFQ is to identify a qualified company to provide these services for the upcoming ceremonies.

SCOPE OF WORK

Live Streaming Production for 3 graduation ceremonies at two locations (Mount Vernon campus and Whidbey Island High School Location) over two days.

· 4 Cameras, streamed to 2 platforms, including picture in picture for ASL broadcasting.

· Integration of inline graphics and banners (provided by the college)

· Integration of sound via a stereo feed provided by college audio technicians

· Any meeting or pre-production time required.

PERIOD OF PERFORMANCE

The anticipated initial period of performance of any contract awarded for these video streaming services will cover the 2025 commencement ceremony dates: June 18 through June 20, 2025, with options for three (3) one-year extensions by mutual agreement and formal amendment to the Professional Services Agreement.

COMPENSATION AND BILLING

Contractor will invoice SVC for hours of service provided upon completion of services.

GENERAL TERMS AND CONDITIONS

In submitting a bid in response to this RFQ, the bidder agrees to accept the terms set forth in this RFQ.

D. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or part of those services under this contract under a separate contract with the Contractor. The terms "Subcontractor" and "Subcontractors" means Subcontractor(s) in any tier.

E. “Personal Information” means information identifiable to any person, including, but not limited to, information that relates to a person’s name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. Personal Information includes “Protected Health Information” as set forth in 45 CFR 164.50 as currently drafted and subsequently amended or revised and other information that may be exempt from disclosure to the public or other unauthorized persons under either Chapter 42.17 RCW or other state and federal statutes.

ACCESS TO DATA - In compliance with RCW 39.29.080, the Contractor shall provide access to data generated under this contract to College, the Joint Legislative Audit and Review Committee, and the State Auditor at no additional cost. This includes access to all information that supports the findings, conclusions, and recommendations of the Contractor’s reports, including computer models and methodology for those models. Contractor agrees to make personal information covered under this agreement available to College for inspection or to amend the personal information. Contractor shall, as directed by the College, incorporate any amendments to the personal information into all copies of such personal information maintained by the Contractor or its Subcontractors.

ADVANCE PAYMENTS PROHIBITED - No payments in advance of or in anticipation of goods or services to be provided under this contract shall be made by the College.

AMENDMENTS - This contract may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties.

AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, also referred to as the "ADA" 28 CFR Part 35 - The Contractor must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications.

ASSIGNMENT – Neither this Contract, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of the College.

ATTORNEYS’ FEES - In the event of litigation or other action brought to enforce contract terms, each party agrees to bear its own attorneys fees and costs.

CONFIDENTIALITY / SAFEGUARDING OF INFORMATION - The Contractor shall not use or disclose any information concerning the College, or information which may be classified as confidential, for any purpose not directly connected with the administration of this contract, except with prior written consent of the College, or as may be required by law.

CONFLICT OF INTEREST - Notwithstanding any determination by the Executive Ethics Board or other tribunal, the College may, in its sole discretion, by written notice to the Contractor terminate this contract if it is found after due notice and examination by the Agent that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the Contractor in the procurement of, or performance under this contract.

In the event this contract is terminated as provided above, the College shall be entitled to pursue the same remedies against the Contractor as it could pursue in the event of a breach of the contract by the Contractor. The rights and remedies of the College provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which the Agent makes any determination under this clause shall be an issue and may be reviewed as provided in the “Disputes” clause of this contract.

COPYRIGHT PROVISIONS - Unless otherwise provided, all Materials produced under this contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by the College. The College shall be considered the author of such Materials. In the event the Materials are not considered “works for hire” under the U.S. Copyright laws, Contractor hereby irrevocably assigns all right, title, and interest in Materials, including all intellectual property rights, to the College effective from the moment of creation of such Materials.

Materials means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to copyright, patent, register and the ability to transfer these rights.

For Materials that are delivered under the contract, but that incorporate pre-existing materials not produced under the contract, Contractor hereby grants to the College a nonexclusive, royalty-free, irrevocable license (with rights to sublicense others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents that Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to the College.

The Contractor shall exert all reasonable effort to advise the College, at the time of delivery of Materials furnished under this contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this contract. The College shall receive prompt written notice of each notice or claim of infringement received by the Contractor with respect to any data delivered under this contract. The College shall have the right to modify or remove any restrictive markings placed upon the data by the Contractor.

COVENANT AGAINST CONTINGENT FEES - The Contractor warrants that no person or selling agent has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established agents maintained by the Contractor for the purpose of securing business. The College shall have the right, in the event of breach of this clause by the Contractor, to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration or recover by other means the full amount of such commission, percentage, brokerage or contingent fee.

DISPUTES - Except as otherwise provided in this contract, when a dispute arises between the parties and it cannot be resolved by direct negotiation, either party may request a dispute hearing with Agent.

1. The request for a dispute hearing must:

· be in writing;

· state the disputed issue(s);

· state the relative positions of the parties;

· state the Contractor’s name, address, and contract number; and

· be mailed to the Agent and the other party’s (respondent’s) Contract Manager within 3 working days after the parties agree that they cannot resolve the dispute.

2. The respondent shall send a written answer to the requester’s statement to both the agent and the requester within 5 working days.

3. The Agent shall review the written statements and reply in writing to both parties within 10 working days. The Agent may extend this period if necessary by notifying the parties.

4. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal.

Nothing in this Contract shall be construed to limit the parties’ choice of a mutually acceptable ADR method in addition to the dispute resolution procedure outlined above.

GOVERNING LAW - This contract shall be construed and interpreted in accordance with the laws of the State of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Skagit County.

INDEMNIFICATION - To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless State, agencies of State and all officials, agents and employees of State, from and against all claims for injuries or death arising out of or resulting from the performance of the Contract. Contractor’s obligation to indemnify, defend, and hold harmless includes any claim by Contractors’ agents, employees, representatives, or any Subcontractor or its employees. Contractor expressly agrees to indemnify, defend, and hold harmless the State for any claim arising out of or incident to Contractor’s or any Subcontractor’s performance or failure to perform the Contract. Contractor’s obligation to indemnify, defend, and hold harmless the State shall not be eliminated or reduced by any actual or alleged concurrent negligence of State or its agents, agencies, employees and officials.

Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless State and its agencies, officials, agents or employees.

INDEPENDENT CAPACITY OF THE CONTRACTOR - The parties intend that an independent Contractor relationship will be created by this contract. The Contractor and his or her employees or agents performing under this contract are not employees or agents of the College. The Contractor will not hold himself/herself out as or claim to be an officer or employee of the College or of the State of Washington by reason hereof, nor will the Contractor make any claim of right, privilege or benefit which would accrue to such employee under law. Conduct and control of the work will be solely with the Contractor.

INDUSTRIAL INSURANCE COVERAGE - The Contractor shall comply with the provisions of Title 51 RCW, Industrial Insurance. If the Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, the College may collect from the Contractor the full amount payable to the Industrial Insurance accident fund. The College may deduct the amount owed by the Contractor to the accident fund from the amount payable to the Contractor by the College under this contract, and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I’s rights to collect from the Contractor.

LICENSING, ACCREDITATION AND REGISTRATION - The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements/standards, necessary for the performance of this contract.

LIMITATION OF AUTHORITY - Only the Agent or Agent’s delegate by writing (delegation to be made prior to action) shall have the express, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Contract. Furthermore, any alteration, amendment, modification, or waiver or any clause or condition of this contract is not effective or binding unless made in writing and signed by the Agent.

NONCOMPLIANCE WITH NONDISCRIMINATION LAWS - In the event of the Contractor's non-compliance or refusal to comply with any nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled or terminated in whole or in part, and the Contractor may be declared ineligible for further contracts with the College. The Contractor shall, however, be given a reasonable time in which to cure this noncompliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth herein.

NONDISCRIMINATION - During the performance of this contract, the Contractor shall comply with all federal and state nondiscrimination laws, regulations and policies.

PRIVACY -

Personal information including, but not limited to. “Protected Health Information” collected, used, or acquired in connection with this contract shall be protected against unauthorized use, disclosure, modification or loss. Contractor shall ensure its directors, officers, employees, Subcontractors or agents use personal information solely for the purposes of accomplishing the services set forth in this agreement. Contractor and its Subcontractors agree not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of the College or as otherwise required by law.

Any breach of this provision may result in termination of the contract and the demand for return of all personal information. The Contractor agrees to indemnify and hold harmless the department for any damages related to the Contractor’s unauthorized use of personal information.

PUBLICITY - The Contractor agrees to submit to the College all advertising and publicity matters relating to this Contract wherein the College’s name is mentioned or language used from which the connection of the College’s name may, in the College’s judgment, be inferred or implied. The Contractor agrees not to publish or use such advertising and publicity matters without the prior written consent of the College.

RECORDS MAINTENANCE - The Contractor shall maintain books, records, documents, data and other evidence relating to this Contract and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Contract. Contractor shall retain such records for a period of six years following the date of final payment. At no additional cost, these records, including materials generated under the Contract, shall be subject at all reasonable times to inspection, review or audit by the College personnel duly authorized by the College, the Office of the State Auditor, and federal and state officials so authorized by law, regulation or agreement.

If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved.

REGISTRATION WITH DEPARTMENT OF REVENUE - The Contractor shall complete registration with the Washington State Department of Revenue and be responsible for payment of all taxes due on payments made under this contract.

RIGHT OF INSPECTION - The Contractor shall provide right of access to its facilities to the College, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government, at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance under this contract. The Contractor shall make available information necessary for the College to comply with the client's right to access, amend, and receive an accounting of disclosures of their Personal Information according to the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or any regulations enacted or revised pursuant to the HIPAA provisions and applicable provisions of Washington State law. The Contractor’s internal policies and procedures, books, and records relating to the safeguarding, use, and disclosure of Personal Information obtained or used as a result of this contract shall be made available to the College and the U.S. Secretary of the Department of Health & Human Services, upon request.

SAFEGUARDING OF INFORMATION –

The Contractor shall not use or disclose Personal Information in any manner that would constitute a violation of federal law, the Health Insurance Portability and Accountability Act of 1996 (HIPAA) or any regulations enacted or revised pursuant to the HIPAA provisions and applicable provisions of Washington State law. The Contractor agrees to comply with all federal and state laws and regulations, as currently enacted or revised, regarding data security and electronic data interchange of all Personal Information.

The Contractor shall protect Personal Information collected, used, or acquired in connection with this Contract, against unauthorized use, disclosure, modification or loss. The Contractor shall ensure its directors, officers, employees, Subcontractors or agents use it solely for the purposes of accomplishing the services set forth in this agreement. The Contractor and its Subcontractors agree not to release, divulge, publish, transfer, sell or otherwise make it known to unauthorized persons without the express written consent of the College or as otherwise required by law. The Contractor agrees to implement physical, electronic, and managerial policies, procedures, and safeguards to prevent unauthorized access, use, or disclosure of data in any form. The Contractor shall make the Personal Information available to amend as directed by the College and incorporate any amendments into all the copies maintained by the Contractor or its Subcontractors.

The Contractor shall certify its return or destruction upon expiration or termination of this Contract and the Contractor shall retain no copies. If the Contractor and the College mutually determine that return or destruction is not feasible, the Contractor shall not use the Personal Information in a manner other than those permitted or required by state and federal laws.

The College reserves the right to monitor, audit, or investigate the use of personal information collected, used or acquired by the Contractor through this contract. The monitoring, auditing, or investigating may include, but is not limited to, “salting” by the College. Salting is the act of introducing data containing unique but false information that can be used later to identify inappropriate disclosure of data.

The Contractor shall notify the College in writing within 5 working days of becoming aware of any unauthorized access, use or disclosure. The Contractor will take steps necessary to mitigate any known harmful effects of such unauthorized access including, but not limited to sanctioning employees, notifying subjects, and taking steps necessary to stop further unauthorized access. The Contractor agrees to indemnify and hold harmless the College for any damages related to unauthorized use or disclosure by the Contractor, its officers, directors, employees, Subcontractors or agents.

Any breach of this clause may result in termination of the contract and the demand for return of all Personal Information.

SAVINGS - In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this contract and prior to normal completion, the College may terminate the contract under the "Termination for Convenience" clause, without the ten day notice requirement, subject to renegotiation at the College’s discretion under those new funding limitations and conditions.

SEVERABILITY - The provisions of this contract are intended to be severable. If any term or provision is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the contract.

SITE SECURITY - While on College premises, Contractor, its agents, employees, or Subcontractors shall conform in all respects with physical, fire or other security policies or regulations.

SUBCONTRACTING - Neither the Contractor nor any Subcontractor shall enter into subcontracts for any of the work contemplated under this contract without obtaining prior written approval of the College. In no event shall the existence of the subcontract operate to release or reduce the liability of the Contractor to the Department for any breach in the performance of the Contractor’s duties. This clause does not include contracts of employment between the Contractor and personnel assigned to work under this contract. Additionally, the Contractor is responsible for ensuring that all terms, conditions, assurances and certifications set forth in this agreement are carried forward to any subcontracts. Contractor and its Subcontractors agree not to release, divulge, publish, transfer, sell or otherwise make known to unauthorized persons personal information without the express written consent of the College or as provided by law.

TAXES - All payments accrued on account of payroll taxes, unemployment contributions, any other taxes, insurance or other expenses for the Contractor or its staff shall be the sole responsibility of the Contractor.

TERMINATION FOR CAUSE – In the event the College determines the Contractor has failed to comply with the conditions of this Contract in a timely manner, the College has the right to suspend or terminate this Contract. Before suspending or terminating the Contract, the College shall notify the Contractor in writing of the need to take corrective action. If corrective action is not taken within 30 days, the Contract may be terminated or suspended. In the event of termination or suspension, the Contractor shall be liable for damages as authorized by law including, but not limited to, any cost difference between the original Contract and the replacement or cover Contract and all administrative costs directly related to the replacement Contract, e.g., cost of the competitive bidding, mailing, advertising and staff time. The College reserves the right to suspend all or part of the Contract, withhold further payments, or prohibit the Contractor from incurring additional obligations of funds during investigation of the alleged compliance breach and pending corrective action by the Contractor or a decision by the College to terminate the Contract. A termination shall be deemed to be a “Termination for Convenience” if it is determined that the Contractor: (21) was not in default; or (2) failure to perform was outside of his or her control, fault or negligence. The rights and remedies of the College provided in this Contract are not exclusive and are in addition to any other rights and remedies provided by law.

TERMINATION FOR CONVENIENCE - Except as otherwise provided in this contract, the College may, by 10 days written notice, beginning on the second day after the mailing, terminate this contract, in whole or in part. If this contract is so terminated, the College shall be liable only for payment required under the terms of this contract for services rendered or goods delivered prior to the effective date of termination.

TERMINATION PROCEDURES - Upon termination of this contract, the College, in addition to any other rights provided in this contract, may require the Contractor to deliver to the College any property specifically produced or acquired for the performance of such part of this contract as has been terminated. The provisions of the "Treatment of Assets" clause shall apply in such property transfer.

The College shall pay to the Contractor the agreed upon price, if separately stated, for completed work and services accepted by the College, and the amount agreed upon by the Contractor and the College for (i) completed work and services for which no separate price is stated, (ii) partially completed work and services, (iii) other property or services which are accepted by the College, and (iv) the protection and preservation of property, unless the termination is for default, in which case the Agent shall determine the extent of the liability of the College. Failure to agree with such determination shall be a dispute within the meaning of the "Disputes" clause of this contract. The College may withhold from any amounts due the Contractor such sum as the Agent determines to be necessary to protect the College against potential loss or liability.

The rights and remedies of the College provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

After receipt of a notice of termination, and except as otherwise directed by the Agent, the Contractor shall:

1. Stop work under the contract on the date, and to the extent specified, in the notice;

2. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the work under the contract that is not terminated;

3. Assign to the College, in the manner, at the times, and to the extent directed by the Agent, all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case the College has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts.

TREATMENT OF ASSETS -

A. Title to all property furnished by the College shall remain at the College. Title to all property furnished by the Contractor, for the cost of which the Contractor is entitled to be reimbursed as a direct item of cost under this contract, shall pass to and vest in the College upon delivery of such property by the Contractor. Title to other property, the cost of which is reimbursable to the Contractor under this contract, shall pass to and vest in the College upon (i) issuance for use of such property in the performance of this contract, or (ii) commencement of use of such property in the performance of this contract, or (iii) reimbursement of the cost thereof by the College in whole or in part, whichever first occurs.

WAIVER - Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing and signed by authorized representative of the College.

LIST OF EXHIBITS

Exhibit A Certificate of Assurances Exhibit A.1 Contractor Information Sheet Exhibit B Sample Contract with Terms and Conditions

EXHIBIT A

CERTIFICATIONS AND ASSURANCES

I/we make the following certifications and assurances as a required element of the proposal to which it is attached, understand that the truthfulness of the facts affirmed here and continuing compliance with these requirements are conditions precedent to the award or continuation of the related contract.

1. I/we declare that all answers and statements made in the proposal are true and correct

2. The prices and/or cost data have been determined independently, without consultation, communication, or agreement with others for the purpose of restricting competition. However, I/we may freely join with other persons or organizations for the purpose of presenting a single proposal.

3. The attached proposal is a firm offer for a period of 60 days following receipt, and it may be accepted by the Agency without further negotiation (except where obviously required by lack of certainty in key terms) at any time within the 60-day period.

4. In preparing this proposal, I/we have not been assisted by any current or former employee of the State of Washington whose duties relate (or did relate) to this proposal or prospective contract and who was assisting in other than his or her official public capacity. (Any exception to these assurances are described in full detail on a separate page and attached to this document.)

5. I/we understand that SVC will not reimburse me/us for any costs incurred in the preparation of this proposal. All proposals become the property of SVC, and I/we claim no proprietary right of ideas, writings, items, or samples unless so stated in this proposal.

6. Unless required by law, the prices and/or cost data which have been submitted have not been knowingly disclosed by the Proposer and will not knowingly be disclosed by him/her prior to opening, directly or indirectly to any other Proposer or to any competitor.

7. I/we agree that submission of the attached proposal constitutes acceptance of the solicitation contents and the attached sample contract and general terms and conditions. If there are any exceptions to these terms, I/we have described those exceptions on a page attached to this document.

8. No attempt has been made or will be made by the Proposer to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition.

EXHIBIT A.1 CONTRACTOR INFORMATION SHEET

CONTRACTOR (LEGAL NAME OF ENTITY)

ADDRESS FOR THE PRINCIPLE PLACE OF BUSINESS

CITY, STATE, ZIP

TELEPHONE

EMAIL

STRUCTURE (CORPORATION, PARTNERSHIP, ETC.)

YEAR ESTABLISHED

FEDERAL EMPLOYER ID

WASHINGTON UBI (REVENUE REGISTRATION NUMBER)

ADDRESS:

CITY, STATE, ZIP:

PHONE:

FAX:

EMAIL:

CONTRACTOR’S EMPLOYEE RELATIONSHIP TO STATE OF WASHINGTON

If the contractor or any party named above was, or is, an employee of WA State during the past 24 months, the following information is required: If none, indicate “Not Applicable”.

WA State employees shall identify such persons and their position and responsibilities within the Vendor’s organization. If none, indicate “Not Applicable”.

EXHIBIT B

SVC SAMPLE CONTRACT

Contract No.:

Contract for Professional Services between Skagit Valley College and (Contractor)

Notes are included for your information. Please delete before printing your final contract.

This Contract is made and entered into by and between, Skagit Valley College, hereinafter referred to as “SVC", and the below named firm, hereinafter referred to as “Contractor.”

(Contractor name) (address) (city, state zip) Phone:

FAX:

Email:

WA State UBI Number:

Federal Tax Identification No.:

PURPOSE

The purpose of this contract is to:

Note: Enter detailed description of the contract purpose.

SCOPE OF WORK

Note: Identify all tasks, work elements and objectives of the contract, and timetables by which major parts of the work are to be completed. The scope of work may be included within the text of the contract or attached as a separate exhibit.

A. Exhibit A, attached hereto and incorporated by reference, contains the General Terms and Conditions governing work to be performed under this contract, the nature of the working relationship between SVC and the Contractor, and specific obligations of both parties.

B. The Contractor will provide services and staff, and otherwise do all things necessary for or incidental to the performance of work, as set forth below:

C. The Contractor shall produce the following written reports or other written documents (deliverables) by the dates indicated below.

Note: List all expected documents and when they are to be delivered All written reports required under this contract must be delivered to , the Contract Manager, in accordance with the schedule above.

PERIOD OF PERFORMANCE

The period of performance under this contract will be from , or date of execution, whichever is later, through .

DES FILING REQUIREMENT

Note: only include this section if applicable. And only include the applicable paragraph.

10-Day Filing (Sole source contracts over $10,000) The provisions of Chapter 39.26 RCW require the AGENCY to file this contract with the Department of Enterprise Services (DES) for approval. No contract so filed is effective nor shall work commence under it until the tenth (10th) working day following the date of filing.

OR:

Emergency Contracts (over $10,000) The provisions of Chapter 39.26 RCW require the AGENCY to file this contract with the Department of Enterprise Services (DES) for review. The emergency contract must be filed within three working days following the date of contract execution or start of work, whichever occurs first.

COMPENSATION

Total compensation payable to Contractor for satisfactory performance of the work under this contract shall not exceed ($ ). Contractor’s compensation for services rendered shall be based on the following rates or in accordance with the following terms:

Note: List detail of compensation to be paid, e.g., hourly rates, number of hours per task, unit prices, cost per task, cost per deliverable, etc., or reference documents that specify Contractor’s compensation and payment, e.g., Contractor’s compensation for services rendered shall be based on the schedule set forth in Exhibit B, Fees and Expenses. Compensation section should be consistent with Billing Procedures.

Expenses Contractor shall receive reimbursement for travel and other expenses as identified below or as authorized in advance by SVC as reimbursable. The maximum amount to be paid to the Contractor for authorized expenses shall not exceed $ , which amount is included in the contract total above.

Such expenses may include airfare (economy or coach class only), other transportation expenses, and lodging and subsistence necessary during periods of required travel. Contractor shall receive compensation for travel expenses at current state travel reimbursement rates. To receive reimbursement, Contractor must provide a detailed schedule of authorized expenses.

Note: Expenses are optional. Do not include Expenses paragraph if expenses are not allowable. If allowable, include only expenses that are appropriate for the contract. If expenses will be reimbursed outside of the contract, it is advisable to state that in the contract to ensure clear understanding as to what expenses the State may be paying for directly.

BILLING PROCEDURES AND PAYMENT

SVC will pay Contractor upon acceptance of services provided, receipt of all deliverables covered within this contract, and receipt of properly completed invoices, which shall be submitted to the Contract Manager [not more often than monthly.]

Note: Payment can also be based upon satisfactory acceptance of each deliverable, payment after completion of each major part of the contract, payment at conclusion of the contract, etc.

The invoices shall describe and document, to SVC’s satisfaction, a description of the work performed, the progress of the project, and fees. The invoice shall include the contract reference number listed on page 1 of this agreement. If expenses are invoiced, provide a detailed breakdown of each type. A receipt must accompany any single expenses in the amount of $50.00 or more in order to receive reimbursement.

Payment shall be considered timely if made by the SVC within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Contractor.

The SVC may, in its sole discretion, terminate the contract or withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this contract.

No payments in advance or in anticipation of services or supplies to be provided under this contract shall be made by SVC.

Note: Insert optional provision - SVC shall withhold 10 percent from each payment until acceptance by SVC of the final report (or completion of the project, etc.).

CONTRACT MANAGEMENT

The Contract Manager for each of the parties shall be the contact person for all communications and billings regarding the performance of this contract.

Enter Contract Manager's Name Enter Name of CONTRACTOR Enter CONTRACTOR Address Enter City, State & Zip Code Phone : ( ) Fax: ( ) Email address:

Enter Contract Manager's Name Skagit Valley College 2405 E College Way Mount Vernon, WA 98273 Phone: ( ) Fax: ( ) Email address:

INSURANCE

Note: Include as applicable The Contractor shall provide insurance coverage as set out in this section. The intent of the required insurance is to protect the state should there be any claims, suits, actions, costs, damages or expenses arising from any negligent or intentional act or omission of the Contractor or subContractor, or agents of either, while performing under the terms of this contract.

The Contractor shall provide insurance coverage, which shall be maintained in full force and effect during the term of this contract, as follows:

1. Commercial General Liability Insurance Policy. Provide a Commercial General Liability Insurance Policy, including contractual liability, in adequate quantity to protect against legal liability arising out of contract activity but no less than $1,000,000 per occurrence.

Additionally, the Contractor is responsible for ensuring that any subcontractors provide adequate insurance coverage for the activities arising out of subcontracts.

2. Automobile Liability. In the event that services delivered pursuant to this contract involve the use of vehicles, either owned or unowned by the Contractor, automobile liability insurance shall be required. The minimum limit for automobile liability is: $1,000,000 per occurrence, using a Combined Single Limit for bodily injury and property damage.

3. The insurance required shall be issued by an insurance company/ies authorized to do business within the state of Washington, and shall name SVC, its agents and employees as additional insureds under the insurance policy/ies.

All policies shall be primary to any other valid and collectable insurance. Contractor shall instruct the insurers to give SVC thirty (30) calendar days advance notice of any insurance cancellation.

Contractor shall submit to SVC within fifteen (15) calendar days of the contract effective date, a certificate of insurance that outlines the coverage and limits defined in the Insurance section. Contractor shall submit renewal certificates as appropriate during the term of the contract.

ASSURANCES

SVC and the Contractor agree that all activity pursuant to this contract will be in accordance with all the applicable current federal, state and local laws, rules, and regulations.

NONDISCRIMINATION

A. Nondiscrimination Requirement. During the term of this Contract, Contractor, including any subcontractor, shall not discriminate on the bases enumerated at RCW 49.60.530(3). In addition, Contractor, including any subcontractor, shall give written notice of this nondiscrimination requirement to any labor organizations with which Contractor, or subcontractor, has a collective bargaining or other agreement.

B. Obligation to Cooperate. Contractor, including any subcontractor, shall cooperate and comply with any Washington state agency investigation regarding any allegation that Contractor, including any subcontractor, has engaged in discrimination prohibited by this Contract pursuant to RCW 49.60.530(3).

C. Default. Notwithstanding any provision to the contrary, Skagit Valley College may suspend Contractor, including any subcontractor, upon notice of a failure to participate and cooperate with any state agency investigation into alleged discrimination prohibited by this Contract, pursuant to RCW 49.60.530(3). Any such suspension will remain in place until Skagit Valley College receives notification that Contractor, including any subcontractor, is cooperating with the investigating state agency. In the event Contractor, or subcontractor, is determined to have engaged in discrimination identified at RCW 49.60.530(3), Skagit Valley College may terminate this Contract in whole or in part, and Contractor, subcontractor, or both, may be referred for debarment as provided in RCW 39.26.200. Contractor or subcontractor may be given a reasonable time in which to cure this noncompliance, including implementing conditions consistent with any court-ordered injunctive relief or settlement agreement.

D. Remedies for Breach. Notwithstanding any provision to the contrary, in the event of Contract termination or suspension for engaging in discrimination, Contractor, subcontractor, or both, shall be liable for contract damages as authorized by law including, but not limited to, any cost difference between the original contract and the replacement or cover contract and all administrative costs directly related to the replacement contract, which damages are distinct from any penalties imposed under Chapter 49.60, RCW. Skagit Valley College shall have the right to deduct from any monies due to Contractor or subcontractor, or that thereafter become due, an amount for damages Contractor or subcontractor will owe Skagit Valley College for default under this provision.

ORDER OF PRECEDENCE

Note: 1, 2, & 3 must be referenced, include any other exhibits as applicable. You may have more exhibits than are listed here.

Each of the exhibits listed below is by this reference hereby incorporated into this contract. In the event of an inconsistency in this contract, the inconsistency shall be resolved by giving precedence in the following order:

1. Applicable federal and state of Washington statutes and regulations

2. Special terms and conditions as contained in this basic contract instrument

3. Exhibit A – General Terms and Conditions

4. Exhibit B – Contractor’s Proposal dated

5. Any other provision, term or material incorporated herein by reference or otherwise incorporated

ENTIRE AGREEMENT

This contract, including referenced exhibits, represents all the terms and conditions agreed upon by the parties. No other statements or representations, written or oral, shall be deemed a part hereof.

CONFORMANCE

If any provision of this contract violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law.

APPROVAL

This contract shall be subject to the written approval of the SVC’s authorized representative and shall not be binding until so approved. The contract may be altered, amended, or waived only by a written amendment executed by both parties.

This contract, consisting of pages and attachment(s), is executed by the persons signing below, who warrant they have the authority to execute the contract.

[CONTRACTOR’S NAME]

Name:

SKAGIT VALLEY COLLEGE

Name:

Signature

Signature

Budget code to charge: _______________________

APPROVED AS TO FORM:

Signature…