RFP FedLobbysit 7182024.pdf

RFP Template ver. 3-12-24 1

RFP No. 24-003-0005

THURSTON COUNTY GOVERNMENT

BOARD OF COUNTY COMMISSIONER’S DEPARTMENT

3000 PACIFIC AVE SE, STE. 210

OLYMPIA WA 98501

REQUEST FOR PROPOSAL (RFP) NO. 24-003-0005

Federal Government Affairs Services

RFP Issue Date

July 31, 2024

RFP Documents

This project is a formal competitive procurement and will be advertised in “The Olympian” and is open to all qualified companies. All solicitation documents, including any addenda, are published on the

Thurston County website at https://www.thurstoncountywa.gov/tchome/Pages/rfprfq.aspx.

Proposal Due Date

4:00p.m. PST on August 16, 2024

Proposal Acceptance Location

Proposals will be received by:

Commissioners Office

3000 Pacific Avenue SE Suite 200

Olympia, Washington 98501

Office Hours: 8am-5pm Monday through Friday

Thurston County reserves the right to reject any and all Proposals, cancel this solicitation, and to waive any informalities or irregularities in procedure.

https://www.thurstoncountywa.gov/tchome/Pages/rfprfq.aspx

RFP Template ver. 3-12-24 2

Table of Contents

SECTION 1 - INTRODUCTION AND PURPOSE

SECTION 2 - OVERVIEW OF SERVICES REQUESTED

SECTION 3 – ACQUISITION TIMELINE AND GENERAL REQUIREMENTS

SECTION 4 - PROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS

SECTION 5 - EVALUATION AND SELECTION

SECTION 6 - CONTRACT TERMS AND CONDITIONS

SECTION 7 - ATTACHMENTS

ATTACHMENT 1 PRICE SCHEDULE (Bid Sheet)

ATTACHMENT 2 - STATEMENT OF WORK

ATTACHMENT 3 - PROFESSIONAL SERVICES CONTRACT

ATTACHMENT 4-A PROJECT/SERVICES EXPERIENCE

ATTACHMENT 4-B PROPOSER REFERENCE SHEET

ATTACHMENT 5 - KEY PERSONNEL RESUME FORMAT

ATTACHMENT 6 CERTIFICATION

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SECTION 1 - INTRODUCTION AND PURPOSE

1.1 INTRODUCTION

Thurston County is seeking proposals from qualified consultants to provide services as a contract lobbyist in support of efforts to locate and procure federal funding for Thurston County infrastructure, community development, and sustainability projects. The selected consultant will play a crucial role in strategizing and advocating for federal funding opportunities that align with the priorities of Thurston County.

1.1 PURPOSE

The purpose of the RFP is to secure the services of an experienced and effective contract lobbyist to advance Thurston County’s interests before federal agencies, committees, and relevant stakeholders.

1.2 MINIMUM QUALIFICATIONS

Consultant shall have the following minimum qualifications to be eligible for an award:

A. Documented current licenses, endorsements, qualifications, insurance, and proven experience in federal government relations services.

B. Experience and expertise as a federal lobbyist with a focus on local government issues. .

C. Knowledge of federal grant application and legislative processes.

D. Proven ability to develop and implement effective lobbying strategies tailored to local government priorities and objectives.

SECTION 2 - OVERVIEW OF SERVICES REQUESTED

2.1 PROJECT DESCRIPTION

The Consultant will provide all management, materials, equipment, supplies, labor, and other items necessary for federal lobbying. Consultant is responsible for all permits and compliance with all rules and regulations.

Consultant will work directly with Leonard Hernandez, or his designee.

2.2 BACKGROUND INFORMATION. See Attachment 2 – Statement of Work

2.3 STATEMENT OF WORK. See Attachment 2 – Statement of Work

2.4 CONTRACT PERIOD AND BUDGET

The County anticipates the Contract will be for a maximum duration of twelve (12) months, beginning approximately on October 1, 2024. Contract extension options will be exercised at the sole discretion of the County. The Contract value will be for a maximum of $60,000.00. Contract may be increased to meet the ongoing needs of the County for the services requested up through the Contract period of performance.

2.5 COMPENSATION

A. Payment to Consultant will be based on the negotiated rate schedule and actual quantities/labor hours incurred as verified by work order.

B. The negotiated rate schedule will be incorporated into the executed Professional Services Contract.

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SECTION 3 – ACQUISITION TIMELINE AND GENERAL REQUIREMENTS

3.1 PROCUREMENT SCHEDULE

Following is the procurement schedule for this RFP. The dates shown below are estimated, are provided for information only, and are subject to change at the sole discretion of the County.

Estimated Solicitation Schedule

Due Activity

4:00 PM PST on 08/07/2024 Questions Due

4:00 PM PST on 08/09/2024 Responses to Questions posted on County Website

Week of 08/19/2024 Proposal Evaluation and Consultant Selection

09/17/2024 Executed Contract

10/01/2024 Start Date

3.2 PRE-PROPOSAL CONFERENCE/SITE VISIT

There will be no Pre-Proposal Conference or tour of the site.

3.3 PRE-PROPOSAL INQUIRIES AND ADDENDUM

It is the responsibility of each Proposer to examine the entire RFP and, as necessary, seek clarification in writing (pre-proposal inquiries or PPIs). This RFP may only be modified by a written addendum issued by the County.

Proposer shall not rely on verbal responses to inquiries. A verbal reply to an inquiry does not constitute a modification of the RFP or obligation by the County.

All pre-proposal inquiries (PPIs) regarding this RFP shall be directed in writing via e-mail to Thurston County, Commissioners Office, to the attention of:

Robert Gelder robert.gelder@co.thurston.wa.us

All PPIs must clearly identify the name of the inquiring company or person and the RFP number, title, and section/page number. The deadline for receipt of PPIs from Proposer is due according to the Solicitation Schedule above, in Section 3.1.

3.4 EXAMINATION BY PROPOSER

Each Proposer is responsible for examining the RFP, including the sample Professional Services Contract (Attachment 3), prior to submitting a Proposal. Failure to examine such documents and any errors made in the preparation of a Proposal are at the Proposer’s own risk.

The dates contained in this RFP are for informational purposes only. The County makes no warranty as to the accuracy of the dates. Each Proposer shall make its own examination, investigation, and research regarding the proper method of doing the work under this RFP and Contract, all conditions affecting the work to be done, the necessary labor, equipment and materials, and the quantity of work to be performed.

The Proposer agrees that it has satisfied itself by Proposer’s own investigation and research regarding all such conditions, and that Proposer’s conclusion to enter into the Contract and execution of the Contract is based upon such investigation and research, and the Proposer shall make no claim against the County because of any of the mailto:robert.gelder@co.thurston.wa.us

RFP Template ver. 3-12-24 5 estimates, statements, or interpretations made by any officer or agent of the County that may prove to be erroneous in any respect.

3.5 MODIFICATION/WITHDRAWAL OF PROPOSALS

Written requests to modify or withdraw a Proposal received by the County prior to the scheduled time of closing (i.e., 4:00 p.m. PT on the Proposal Due Date) will be accepted and will be corrected after opening. No oral requests will be allowed. Requests to modify or withdraw a Proposal must be addressed and labeled in the same manner as the Proposal and marked as a MODIFICATION or WITHDRAWAL of the Proposal. Requests for withdrawal after the time of closing will be allowed at the County’s sole discretion.

3.6 PROPOSAL FIRM OFFER

Proposal shall remain firm and unaltered after the time of closing (i.e., 4:00 p.m. PST on the Proposal Due Date) and for ninety (90) calendar days from such date. The County and the Proposers may mutually agree to extend the period during which the Proposal shall remain firm and unaltered.

3.7 PROPOSALS ARE PUBLIC RECORD

If your Proposal contains information considered to be exempt from the Public Records Act, Section 42.56 Revised Code of Washington (RCW), those items must be clearly marked as such and may be returned to you upon request once Contract award has been determined.

3.8 CANCELLATION

This RFP may be cancelled at any time and all Proposals may be rejected in whole or in part if the County determined such action to be in the best interest of Thurston County.

3.9 NO OBLIGATION

This solicitation in no manner obligates Thurston County or any of its departments to use any of the proposed services until a valid written Contract is awarded and approved by the appropriate authorities.

3.10 EXPENSES INCURRED

The County will not be responsible for any costs associated with participation in this RFP to include, but not limited to, preparation, submission, or presentation; interviews, if held; negotiation process; and Contract execution. All expenses related to the Proposal are entirely the sole responsibility of the Proposer.

3.11 NONDISCRIMINATION

Thurston County hereby notifies all Proposers that it will affirmatively ensure that all will be afforded full opportunity to submit a Proposal in response to this solicitation and will not be discriminated against because of race, color, creed, ethnicity, religion, national origin, age, sex, marital status, veteran or military status, sexual orientation, or the presence of any disability. Implementation of this policy shall be consistent with

RCW 49.60.400.

3.12 PRIME CONSULTANT RESPONSIBILITIES

The prime Consultant is solely responsible for fulfillment of any Contract with the County awarded under this RFP and for all performance whether or not subcontractors are used. The County will make Contract payments to the prime Consultant only.

mailto:https://app.leg.wa.gov/rcw/default.aspx?cite=49.60.400

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SECTION 4 - PROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS

4.1 PROPOSAL SUBMISSION

1. Proposers shall submit their Proposal to Robert Gelder via email at Robert.gelder@co.thurston.wa.us.

2. Proposals shall clearly identify the RFP# and Project Title in the subject line. The email must be received by the due date shown in the Solicitation Schedule above, in Section 3.1. Proposers are responsible for verifying receipt. The Proposal shall be in a single PDF document.

3. Proposals received after the deadline will not be considered for award.

4.2 ELECTRONIC PROPOSAL FORMAT

A. Format: Page Size will be 8-1/2” X 11” with at least 1⁄2 margins all around. Typeface should be Times New Roman 12. Narratives shall be single spaced. All text shall be legible and easily read. Security markings, and page numbers should fall within the defined margin area.

B. Unnecessary attachments or documents not specifically asked for in this solicitation should be avoided.

Elaborate or expensive artwork, paper, bindings, visual and other presentations beyond those sufficient to present a complete and effective response to this solicitation are neither necessary nor desired.

C. Proposals shall be assembled in accordance with the format specified below. Failure on the part of the Proposer to clearly and completely provide all the content and information requested below may result in the County’s rejection of the Proposal as nonresponsive. However, the County reserves the right to waive minor informalities and irregularities in the format of a Proposal at its sole discretion.

D. Proposers shall adhere to the maximum page counts for the contents indicated below. Any and all pages that exceed the maximum page count for a given section will be removed from that section and not considered. Proposal covers, table of contents, forms, and any attachments that are required contents are not limited as to the number of pages but must not be excessive and must be directly related to the specific content requested.

4.3 PROPOSAL CONTENTS

The proposal contents listed below are required and must be included in the following order:

Cover Page The cover shall have text and graphics limited to RFP number; RFP name/title; Proposal due date and time;

Proposer’s business name and address, email address, telephone number, web address, and contact person’s name.

Cover Letter Include a cover letter signed by an authorized official of the company including the following:

A. Company name, Tax ID Number (TIN), Washington Uniform Business Identification number (UBI) address, telephone number and contact person with title and email address. If the name of the principal owner or the company has changed within the last three years, provide all prior names.

B. Evidence of meeting minimum qualifications as stated under paragraph 1.2 above.

C. A statement certifying that the Consultant has made its own examination, investigation, and research regarding the proper method of doing the work under the RFP and Contract, all conditions affecting the work to be done, the necessary labor, equipment and materials, and the quantity of work to be performed.

mailto:EH_LMD@co.thurston.wa.us

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D. Statement as to whether the Proposer accepts, or has exceptions, revisions, or additions to the standard Professional Services Contract Terms and Conditions presented in Attachment 3 of this

Solicitation. Include an explanation as to why such exception, revision, or addition is requested. It will be up to the discretion of the County whether or not to accept changes to the standard Contract terms and conditions requested if no objections are included.

Technical Submission:

A. Summary of Company’s Qualifications and Experience:

Include the following information in this section, which shall not exceed five (5) pages. Provide a narrative with general information about the company including:

• A description and history of the company including general expertise and experience, size, facility, available resources (equipment, labor, subcontractors, etc.), and service locations.

• A list of current applicable State and federal permits, licenses, certifications, accreditations, and/or credentials for the company and company’s employees or other entities that demonstrate competency for the work that will be performed under the Contract.

• A list of infractions or violations cited per lobbying disclosure requirements by either the US House or Senate, and any other regulatory agency over the past five years for the company, principal, and applicators. The thoroughness of the list will be verified with the department’s records. Any error or omission may be used as a basis for disqualification.

• A copy of the company's Certificate of Insurance or evidence that Liability Limits can be met.

• Any additional information the Proposer feels is relevant to the general qualifications of the Proposal.

B. Relevant Experience/Past Performance (References):

Include the following information in this section, which shall not exceed two (2) pages for Project Experience and (2) pages for Past Performance for a total of four (4) pages per reference.

Information to be submitted on Attachment 4 – PROJECT EXPERIENCE/PAST PERFORMANCE FORM.

1. COMPANY’S EXPERIENCE: Submit three (3) recent, relevant government affairs projects by completing Attachment 4, Page 1.

Recent is defined as projects that are on-going or have been completed within the last 5 years of the date of issuance of this RFP that have been executed by the Proposer and its team members as a prime Consultant.

Relevant is defined as projects of similar size, scope, and complexity to the services in this solicitation.

Specifically, similar projects include development of IPMPs.

2. COMPANY’S PAST PERFORMANCE: Proposer will submit a completed Past Performance Questionnaire (PPQ) on each of the three (3) service projects submitted under paragraph (1) above. Proposer shall have the project owner/reference complete Attachment 4, Page 2 of the form using the objective rating prescribed in Attachment 4, Page 3. Proposers should ensure correct phone numbers and email addresses are provided for the client point of contact. If the Proposer is unable to obtain a completed PPQ from a client prior to the Proposal due date, submit the PPQ with the Proposal indicating attempts to obtain the information. Note: Thurston County reserves the right to contact other references.

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C. Key Personnel:

Submit resumes of all personnel to be assigned to the team in support of this project. Resumes shall be limited to 2 pages per resume (not including attachments) and include at a minimum:

• Job titles

• Years of Experience

• Years with the Company

• Education

• Professional Certifications

• Role/Responsibility on this project

• Experience on previous similar projects.

• Resumes may be submitted on Attachment 5 – Personnel Resume Format or similar format.

D. Proposed Work Plan:

Include the following in this section which shall not exceed 10 pages:

1. Describe your approach to locating federal funding for infrastructure, community development, and sustainability projects..

2. Describe detailed methods for developing tailored strategies to secure federal funds from the Bipartisan Infrastructure Law, the Inflation Reduction Act, the community project funding/congressionally directed spending request process, and traditional federal appropriations processes.

3. Describe your approach to developing a coordinated federal advocacy and communication action plan to achieve federal advocacy goals.

4. Identify barriers and how they will be mitigated.

5. Chart of proposed deliverables with approximate costs and associated delivery dates..

Pricing Submission:

A. Submit prices on Attachment 1 – Price Schedule.

B. Submit a break-out of costs by task including item number, start date, and due date.

SECTION 5 - EVALUATION AND SELECTION

This section describes the method the County will use to evaluate Proposals received in response to this solicitation.

5.1 INITIAL SCREENING OF PROPOSALS

All Proposals will be initially screened for responsiveness and the minimum qualifications outlined in this solicitation. Those Proposals that do not clearly meet the minimum qualifications may be considered nonresponsive and may not be further evaluated.

5.2 EVALUATION CRITERIA

The County will evaluate and score the Proposals based on the following criteria:

RFP Template ver. 3-12-24 9

EVALUATION CRITERIA

POINTS

POSSIBLE

Company’s Qualifications and Experience

Proposer has the expertise and experience that meet the needs of the County.

Proposer has the appropriate resources (labor)to efficiently provide services in a timely manner.

Proposer has no infractions/violations related to federal lobbying or disclosure for either the US House or Senate, or any other regulatory agency.

Project Experience/Past Performance (References) The Proposer has recent relevant experience and a history of good past performance.

Key Personnel The qualifications of the Proposer, any subcontractors, and key personnel assigned to this project meets/exceeds the needs of the County.

Approach to Work The Proposer’s approach to the work demonstrates an understanding of the scope of work, including compliance requirements; awareness of risks; and other related matters.

Cost The Proposer’s cost for the work is reasonable, reflects an understanding of the scope and is an exceptional value for the approach to the work.

Total Points 100

5.3 INTERVIEWS

Interviews will be held at the sole option of the County. Proposers selected for interviews will be selected at the sole discretion of the County. If interviews are conducted, selected Proposer should plan to have the identified key personnel assigned to the project team make the presentation. Selected Proposers may be asked to provide supplemental or additional information for review by the evaluation committee prior to the interviews. The interviews may be conducted electronically.

5.4 EVALUATION PROCESS

The County will evaluate and rank the Proposals according to the evaluation criteria in Section 5.2. If interviews are held, then the County will score the companies interviewed and conduct a final evaluation and ranking of the Proposers based on the criteria listed in Section 5.2 and interviews.

5.5 SELECTION AND NEGOTIATION

The County will select the highest-ranked qualified Proposer based on the criteria and evaluation process outlined above. The County will initiate negotiations (as necessary) with the Proposer who, in the sole opinion of the County, best meets the County’s needs as outlined in this solicitation.

The County intends to award without discussions/negotiations based on the pricing submitted with the Proposal but reserves the right to hold discussions/negotiations with the highest ranked Proposer on any aspect of the Contract and/or fee schedule for purposes of executing the Contract.

Although the County may open discussions with the highest-ranked Proposer, consideration or negotiations resulting in a Contract are not guaranteed. If the County is unsuccessful in negotiating with the selected Proposer or if negotiations do not proceed in a timely fashion, the County reserves the option to terminate negotiations and proceed with the next-highest ranked Proposer, and so on, until an agreement is reached with one of the Proposers or the process is terminated.

RFP Template ver. 3-12-24 10

5.6 BOARD APPROVAL AND CONTRACT EXECUTION

The County will be required to make a recommendation to and obtain approval from the Board of County Commissioners prior to any Contract award.

Once the County has finalized and issued a Contract for signature, the successful Consultant must sign the Contract and provide any outstanding documents, including, but not limited to, certificates of insurance and W-9 (or equivalent). The County will sign the Contract only upon receipt of all required documents.

SECTION 6 - CONTRACT TERMS AND CONDITIONS

Attachment 3 is a sample of the Contract that will be entered into between Thurston County and the successful Proposer with incomplete information to be added based upon the final negotiations between the County and the successful Proposer. Proposers who want additional or modified Contract terms must include the requested change(s) in their initial Proposal in order for the change(s) to be subsequently considered. Note that any Contract negotiated between the County and a successful Proposer is subject to review by a County attorney from the Thurston County Prosecuting Attorney’s Office and approval by the Board of County Commissioners prior to being submitted to that Proposer for signature and final execution by the County.

6.1 INSURANCE

Consultant will be required to maintain at their own expense during the term of service provision the following insurance (minimum requirements):

TYPE LIMIT

Workman's Compensation Statutory

Professional Liability Insurance $2,000,000 each occurrence

Commercial General Liability (combined bodily injury/property damage)

$1,000,000 each occurrence $2,000,000 aggregate

Automobile Liability (combined bodily injury/property damage)

$500,000 each accident

Pollution/Environmental Liability $1,000,000 each occurrence $2,000,000 annual aggregate

A current Certificate of Insurance (COI) executed on the appropriate form must be submitted prior to execution of the Contract.

6.2 COMPLIANCE WITH LAWS

All work must be performed in accordance with applicable federal, state, and local regulations. This includes, but is not limited to, all transportation, environmental, health, and safety regulations.

6.3 RECORDS

Consultant must agree at such time and in such form as the County may require to furnish the County reasonable periodic reports and documents as it may request pertaining to the work or services undertaken pursuant to the Contract Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matter covered by the Agreement. Consultant will maintain accounting records in accordance with accepted accounting principles and practices to substantiate all invoiced amounts.

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SECTION 7 - ATTACHMENTS

Attachment 1: Price Schedule

Attachment 4-A: Project/Services Experience

Attachment 4-B: Proposer Reference Sheet

Attachment 5: Key Personnel Resume Format

EACH ATTACHMENT LISTED

MUST BE COMPLETED BY THE

PROPOSER FOR INCLUSION IN

THE PROPOSAL.

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ATTACHMENT 1 - PRICE SCHEDULE

Item No.

Start Date Description of Deliverables Due Date Amount

Grant Total Not to Exceed $

RFP Template ver. 3-12-24 13

ATTACHMENT 2 - STATEMENT OF WORK

1.0 PURPOSE

The purpose of this scope of work is to outline in further detail the services the selected consultant will provide to Thurston County during the term of the proposed contract.

2.0 BACKGROUND

Thurston County (Client) is seeking proposals from qualified consultants (Consultant) to serve as a contract lobbyist, tasked with supporting Client efforts to identify and secure federal funding. The Consultant will play a crucial role in strategizing and advocating for federal funding opportunities that align with the Client’s infrastructure, community development, and sustainability projects.

To fully perform this role the consultant must be a consistent and effective conduit of information between federal lawmakers and the Thurston County team (including County

Manager; Assistant County Managers; County Commissioners, or other designees as specified). The consultant shall be asked to provide all materials, equipment, and labor necessary to perform the work cited in the scope of services below.

3.0 SCOPE OF SERVICES

Task 1: Work with Client staff to establish, maintain, and document short- and long-term federal funding opportunities.

Task 2: Work with Client staff to identify Client's priorities and develop tailored strategies to secure federal funds from the Bipartisan Infrastructure Law, the Inflation Reduction Act, the community project funding/congressionally directed spending request process, and traditional federal appropriations process.

Task 3: Develop and implement coordinated federal advocacy and communication action plans to achieve federal advocacy goals. Outputs include but are not limited to:

1. Targeted elected official, legislative staff, and administration and agency personnel engagement plan, kept current on an ongoing basis.

2. Federal lobbying action plan.

3. Updates and reports as needed to track and evaluate efforts throughout the term of the agreement.

Task 4: As needed, request congressional and administration/agency meetings. Coordinate with Client staff to respond to and manage scheduling for incoming meeting requests.

Task 5: Provide advance planning, and meeting participant preparation as necessary, for each advocacy meeting.

Task 6: Recommend and conduct all post-meeting follow-up, including meeting recaps, following up for trailing items, and thank you notes.

Task 7: Continually monitor funding opportunities relevant to Thurston County.

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Task 8: Support Thurston County drafting federal funding opportunities they decide to pursue.

Task 9: Upon signing contract, Consultant will schedule a kick-off meeting with Thurston County Team.

Task 10: Dependent on Thurston County scheduling, Consultant will schedule a weekly or bi-weekly zoom meeting.

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ATTACHMENT 3 – PROFESSIONAL SERVICES CONTRACT

THURSTON COUNTY GOVERNMENT

BOARD OF COUNTY COMMISSIONER’S OFFICE

3000 PACIFIC AVE SE, STE. 200

OLYMPIA WA 98501

PROFESSIONAL SERVICES CONTRACT

THIS CONTRACT is entered into in duplicate originals between THURSTON COUNTY, a municipal corporation, with its principal offices at 3000 Pacific Ave S.E., Olympia, WA 98501, hereinafter “COUNTY,” and [LEGAL NAME OF COMPANY] with its principal offices at [CONSULTANT’S ADDRESS] hereinafter “CONSULTANT.”

In consideration of the mutual benefits and covenants contained herein, the parties agree as follows:

1. DURATION OF CONTRACT

The term of this Contract shall begin on the date last executed below and shall terminate on Month Day, Year, unless terminated sooner or extended by written Amendment to the contract. Options to extend the contract will be exercised at the sole discretion of the County.

2. SERVICES PROVIDED BY THE CONSULTANT

The CONSULTANT represents that it is qualified and possesses the necessary expertise, knowledge, training, and skills, and has the necessary licenses and/or certification to perform the services set forth in this Contract.

The CONSULTANT shall perform the following services:

a. A detailed description of the services to be performed by the CONSULTANT is set forth in ATTACHMENT 2, Statement of Work, which is attached and incorporated herein.

b. The CONSULTANT agrees to provide its own labor and materials. Unless otherwise provided for in the Contract, no material, labor, or facilities will be furnished by the COUNTY.

c. The CONSULTANT shall perform according to standard industry practice of the work specified by this Contract.

d. The CONSULTANT shall complete its work in a timely manner and in accordance with the schedule agreed to by the parties.

e. The CONSULTANT shall, from time to time, during the progress of the work, confer with the LMD and/or COUNTY. At the LMDS and/or COUNTY’S request, the CONSULTANT shall prepare and present status reports on its work.

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3. SERVICES PROVIDED BY THE COUNTY AND CONSULTANT

To assist the CONSULTANT in fulfilling its duties under this Contract, the COUNTY may provide the following:

a. Relevant information as exists.

b. Coordination with other County Departments or other Consultants as necessary.

c. Service documents, or other information identified in ATTACHEMENT 2, Statement of Work.

4. CONTRACT REPRESENTATIVES

Each party to this Contract shall have a contract representative. Each party may change its representative upon providing written notice to the other party. The parties’ representatives are as follows:

FOR CONSULTANT:

Name

Title

Mailing Address

City, State, and Zip

Phone (xxx)

Email

FOR COUNTY:

Name

Title

Mailing Address 3000 Pacific Ave SE, Ste. X

City, State, and Zip Olympia WA 98501

Phone (360)

Email @co.thurston.wa.us

5. COMPENSATION

a. For the services performed hereunder, the CONSULTANT shall be paid based upon mutually agreed prices contained in ATTACHMENT 1, which is attached hereto and incorporated herein by reference.

The maximum total amount payable by the COUNTY to the CONSULTANT under this Contract shall not exceed [$60,000.00]

b. No payment shall be made for any work performed by the CONSULTANT, except for work identified and set forth in this Contract or supporting exhibits or attachments incorporated by reference into this Contract.

c. The CONSULTANT may, submit invoices to the COUNTY. Invoices shall include the contract number, the duties that were performed (aligned with the deliverable schedule) and cover the time CONSULTANT performed work for the COUNTY. The COUNTY shall pay the CONSULTANT for services mailto:Jason.ashe@co.thurston.wa.us

RFP Template ver. 3-12-24 17 rendered in the month following the actual delivery of the work and will remit payment within thirty

(30) days from the date of receipt of billing.

d. The CONSULTANT shall not be paid for services rendered under the CONTRACT unless and until they have been performed to the satisfaction of the COUNTY.

e. In the event the CONSULTANT has failed to perform any substantial obligation to be performed by the CONSULTANT under this Contract and such failure has not been cured within ten (10) days following notice from the COUNTY, then the COUNTY may, in its sole discretion, upon written notice to the CONSULTANT, withhold any and all monies due and payable to the CONSULTANT, without penalty until such failure to perform is cured or otherwise adjudicated. “Substantial” for purposes of this Contract means faithfully fulfilling the terms of the Contract with variances only for technical or minor omissions or defects.

f. Unless otherwise provided for in this Consultant any exhibits or attachments hereto, the CONSULTANT will not be paid for any billings or invoices presented for payment prior to the execution of the Contract or after its termination.

6. AMENDMENTS AND CHANGES IN WORK

a. In the event of any errors or omissions by the CONSULTANT in the performance of any work required under this Contract, the CONSULTANT shall make any, and all necessary corrections without additional compensation. All work submitted by the CONSULTANT shall be certified by the CONSULTANT and checked for errors and omissions. The CONSULTANT shall be responsible for the accuracy of the work, even if the work is accepted by the COUNTY.

b. No amendment, modification or renewal shall be made to this Contract unless set forth in a written Contract Amendment, signed by both parties and attached to this Contract. Work under a Contract Amendment shall not proceed until the Contract Amendment is duly executed by the COUNTY.

7. HOLD HARMLESS AND INDEMNIFICATION

a. The CONSULTANT shall hold harmless, indemnify and defend the COUNTY, its officers, officials, employees and agents, from and against any and all claims, actions, suits, liability, losses, expenses, damages, and judgments of any nature whatsoever, including costs and attorneys’ fees in defense thereof, for injury, sickness, disability or death to persons or damage to property or business, caused by or arising out of the CONSULTANT’S acts, errors or omissions or the acts, errors or omissions of its employees, agents, subConsultants or anyone for whose acts any of them may be liable, in the performance of this Contract. Claims shall include, but not be limited to, assertions that information supplied or used by the CONSULTANT or subConsultant infringes any patent, copyright, trademark, trade name, or otherwise results in an unfair trade practice. PROVIDED HOWEVER, that the CONSULTANT’S obligations hereunder shall not extend to injury, sickness, death, or damage caused by or arising out of the sole negligence of the COUNTY, its officers, officials, employees, or agents.

PROVIDED FURTHER, that in the event of the concurrent negligence of the parties, the CONSULTANT’S obligations hereunder shall apply only to the percentage of fault attributable to the CONSULTANT, its employees, agents, or subConsultants.

b. In any and all claims against the COUNTY, its officers, officials, employees and agents by any employee of the CONSULTANT, subConsultant, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under this Section shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the CONSULTANT or subConsultant under Worker’s Compensation acts, disability benefits acts, or other employee benefits acts, it being clearly agreed and understood by the parties hereto that the CONSULTANT expressly waives any immunity the CONSULTANT might have

RFP Template ver. 3-12-24 18 had under Title 51 RCW. By executing the Contract, the CONSULTANT acknowledges that the foregoing waiver has been mutually negotiated by the parties and that the provisions of this Section shall be incorporated, as relevant, into any Contract the CONSULTANT makes with any subConsultant or agent performing work hereunder.

c. The CONSULTANT’s obligations here under shall include, but are not limited to, investigating, adjusting, and defending all claims alleging loss from action, error or omission, or breach of any common law, statutory or other delegated duty by the CONSULTANT, the CONSULTANT’S employees, agents or subcontractors.

8. INSURANCE

a. Professional Legal Liability: The CONSULTANT, shall maintain Professional Legal Liability or Professional Errors and Omissions coverage appropriate to the CONSULTANT’S profession and shall be written subject to limits of no less than $2,000,000 per loss.

The coverage shall apply to liability for a professional error, act or omission arising out of the scope of the CONSULTANT’S services defined in this Contract. Coverage shall not exclude bodily injury or property damage. Coverage shall not exclude hazards related to the work rendered as part of the Contract or within the scope of the CONSULTANT’S services as defined by this Contract including testing, monitoring, measuring operations, or laboratory analysis where such services are rendered as part of the Contract.

b. Workers ’Compensation (Industrial Insurance): The CONSULTANT shall maintain workers’ compensation insurance as required by Title 51 RCW and shall provide evidence of coverage to the Thurston County Risk Management Division.

The CONSULTANT shall send to Thurston County at the end of each quarter written verification that premium has been paid to the Washington State Department of Labor and Industries for Industrial Insurance coverage. Alternatively, the CONSULTANT shall provide certification of approval by the Washington State Department of Labor and Industries if self- insured for Workers Compensation.

c. Commercial General Liability: The CONSULTANT shall maintain Commercial General Liability coverage for bodily injury, personal injury, and property damage, subject to limits of no less than $1,000,000 per loss. The general aggregate limit shall apply separately to this Contract and be no less than $2,000,000.

i. The CONSULTANT shall provide Commercial General Liability coverage which does not exclude any activity to be performed in fulfillment of this Contract. Specialized forms specific to the industry of the CONSULTANT will be deemed equivalent provided coverage is no more restrictive than would be provided under a standard Commercial General Liability policy, including contractual liability coverage.

ii. The CONSULTANT’S Commercial General Liability insurance shall include the COUNTY, its officers, officials, employees, and agents with respect to performance of services, and shall contain no special limitations on the scope of protection afforded to the COUNTY as additional insured.

iii. The CONSULTANT shall furnish the COUNTY with evidence that the additional insured provision required above has been met. An acceptable form of evidence is the endorsement pages of the policy showing the COUNTY as an additional insured.

iv. If the CONSULTANT’S liability coverage is written as a claim made policy, then the CONSULTANT must evidence the purchase of an extended reporting period or “tail” coverage for a three-year period after project completion, or otherwise maintain the coverage for the three-year period.

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v. If the Contract is over $50,000 then the CONSULTANT shall also maintain Employers Liability

Coverage with a limit of not less than $1 million.

d. Automobile Liability: The CONSULTANT shall maintain Business Automobile Liability insurance with a limit of no less than $1,000,000 each accident combined Bodily Injury and Property Damages. Coverage shall include owned, hired, and non-owned automobiles.

e. Other Insurance Provisions:

i. The CONSULTANT’S liability insurance provisions shall be primary with respect to any insurance or self-insurance programs covering the COUNTY, its elected and appointed officers, officials, employees, and agents.

ii. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the COUNTY, its officers, officials, employees, or agents.

iii. The CONSULTANT’S insurance shall apply separately to each insured against whom the claim is made or suit is brought, except with respect to the limits of the insurer’s liability.

iv. The CONSULTANT shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.

v. The insurance limits mandated for any insurance coverage required by this Contract are not intended to be an indication of exposure nor are they limitations on indemnification.

vi. The CONSULTANT shall maintain all required policies in force from the time services commence until services are completed. Certificates, policies, and endorsements expiring before completion of services shall be promptly replaced.

f. Verification of Coverage and Acceptability of Insurers: The CONSULTANT shall place insurance with insurers licensed to do business in the State of Washington and having A.M. Best Company ratings of no less than A-, with the exception that Excess and Umbrella Coverage used to meet the requirements for limits of liability or gaps in coverage need not be placed with insurers or re-insurers licensed in the State of Washington.

i. Certificates of Insurance shall show the Certificate Holder as Thurston County and include c/o of the Office or Department issuing the Contract. The address of the Certificate Holder shall be shown as the current address of the Office or Department.

ii. Written notice of cancellation or change shall be mailed to the COUNTY at the following address:

Attn: Robert Gelder Board of County Commissioner’s Office 3000 Pacific Ave SE, Ste. 200 Olympia, Washington 98501

iii. The CONSULTANT shall furnish the COUNTY with properly executed certificates of insurance or a signed policy endorsement which shall clearly evidence all insurance required in this section prior to commencement of services. The certificate will, at a minimum, list limits of liability and coverage. The certificate will provide that the underlying insurance contract will not be canceled or allowed to expire except on thirty (30) days prior written notice to the COUNTY.

iv. The CONSULTANT or its broker shall provide a copy of any and all insurance policies specified in this Contract upon request of the Thurston County Risk Management Division.

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9. TERMINATION

a. The COUNTY may terminate this Contract for convenience in whole or in part whenever the COUNTY determines, in its sole discretion, that such termination is in the best interests of the COUNTY. The COUNTY may terminate this Contract upon giving ten (10) days written notice by Certified Mail to the CONSULTANT. In that event, the COUNTY shall pay the CONSULTANT for all costs incurred by the CONSULTANT in performing the Contract up to the date of such notice. Payment shall be made in accordance with Section 5 of this Contract.

b. In the event funding for this project is withdrawn, reduced, or limited in anyway after the effective date of this Contract, the COUNTY may summarily terminate this Contract notwithstanding any other termination provision of the Contract. Termination under this paragraph shall be effective upon the date specified in the written notice of termination sent by the COUNTY to the CONSULTANT. After the effective date, no charges incurred under this Contract are allowable.

c. If the CONSULTANT breaches any of its obligations here under, and fails to cure the breach within ten

(10) days of written notice to do so by the COUNTY, the COUNTY may terminate this Contract, in which case the COUNTY shall pay the CONSULTANT only for the costs of services accepted by the COUNTY, in accordance with Section 5 of this Contract. Upon such termination, the COUNTY, at its discretion, may obtain performance of the work elsewhere, and the CONSULTANT shall bear all costs and expenses incurred by the COUNTY in completing the work and all damage sustained by the COUNTY by reason of the CONSULTANT’S breach. If, subsequent to termination, it is determined for any reason that (1) the CONSULTANT was not in default, or (2) the CONSULTANT’S failure to perform was not its fault or its subcontractor’s fault or negligence, the termination shall be deemed to be a termination under subsection a of this section.

10. ASSIGNMENT, DELEGATION, AND SUBCONTRACTING

a. The CONSULTANT shall perform the terms of the Contract using only its bonafide employees or agents who have the qualifications to perform under this Contract. The obligations and duties of the CONSULTANT under this Contract shall not be assigned, delegated, or subcontracted to any other person or company without the prior express written consent of the COUNTY.

b. The CONSULTANT warrants that it has not paid, nor has it agreed to pay any company, person, partnership, or company, other than a bona fide employee working exclusively for CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or other consideration contingent upon or resulting from the award or making of this Contract.

11. NON-WAIVER OF RIGHTS

The parties agree that the excuse or forgiveness of performance, or waiver of any provision(s) of this Contract does not constitute a waiver of such provision(s) or future performance or prejudice the right of the waiving party to enforce any of the provisions of this Contract at a later time.

12. INDEPENDENT CONSULTANT

a. The CONSULTANT’S services shall be furnished by the CONSULTANT as an Independent Consultant and not as an agent, employee, or servant of the COUNTY. The CONSULTANT specifically has the right to direct and control CONSULTANT’S own activities in providing the agreed services in accordance with the specifications set out in this Contract.

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b. The CONSULTANT acknowledges that the entire compensation for this Contract is set forth in Section 5 of this Contract, and the CONSULTANT is not entitled to any County benefits, including, but not limited to: vacation pay, holiday pay, sick leave pay, medical, dental, or other insurance benefits, fringe benefits, or any other rights or privileges afforded to Thurston County employees.

c. The CONSULTANT shall have and maintain complete responsibility and control over all its subcontractors, employees, agents, and representatives. No subcontractor, employee, agent, or representative of the CONSULTANT shall be or deem to be or act or purport to act as an employee, agent or representative of the COUNTY.

d. The CONSULTANT shall assume full responsibility for the payment of all payroll taxes, use, sales, income or other form of taxes, fees, licenses, excises, or payments required by any city, county, federal or state legislation which is now or may during the term of this Contract be enacted as to all persons employed by the CONSULTANT and as to all duties, activities and requirements by the CONSULTANT in performance of the work on this project and under this Contract and shall assume exclusive liability therefore, and meet all requirements thereunder pursuant to any rules or regulations.

e. The CONSULTANT agrees to immediately remove any of its employees or agents from assignment to perform services under this Contract upon receipt of a written request to do so from the COUNTY’S contract representative or designee.

13. COMPLIANCE WITH LAWS

The CONSULTANT shall comply with all applicable federal, state, and local laws, rules and regulations in performing this Contract.

14. INSPECTION OF BOOKS AND RECORDS

The COUNTY may, at reasonable times, inspect the books and records of the CONSULTANT relating to the performance of this Contract. The CONSULTANT shall keep all records required by this Contract for six (6) years after termination of this Contract for audit purposes.

15. NON-DISCRIMINATION

The CONSULTANT, its assignees, delegates, or subcontractors shall not discriminate against any person in the performance of any of its obligations hereunder on the basis of race, color, creed, ethnicity, religion, national origin, citizenship or immigration status, age, sex, marital status, veteran or military status, sexual orientation, or the presence of any disability. Implementation of this provision shall be consistent with RCW 49.60.400.

16. OWNERSHIP OF MATERIALS/WORK PRODUCED

a. Material produced in the performance of the work under this Contract shall be “works for hire” as defined by the U.S. Copyright Act of 1976 and shall be owned by the COUNTY. This material includes, but is not limited to, books, computer programs, plans, specifications, documents, films, pamphlets, reports, sound reproductions, studies, surveys, tapes, and/or training materials. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. The COUNTY agrees that if it uses any materials prepared by the CONSULTANT for purposes other than those intended by this Contract, it does so at its sole risk and it agrees to hold the CONSULTANT harmless therefore to the extent such use is agreed to in writing by the CONSULTANT.

b. An electronic copy of all or a portion of material produced shall be submitted to the COUNTY upon request or at the end of the job using the word processing program and version specified by the

COUNTY.

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17. DISPUTES

Differences between the CONSULTANT and the COUNTY, arising under and by virtue of this Contract, shall be brought to the attention of the COUNTY at the earliest possible time in order that such matters may be settled, or other appropriate action promptly taken. Any dispute relating to the quality or acceptability of performance and/or compensation due to the CONSULTANT shall be decided by the COUNTY’S Contract representative or designee. All rulings, orders, instructions, and decisions of the COUNTY’S contract representative shall be final and conclusive, subject to the CONSULTANT’S right to seek judicial relief pursuant to Section 18.

18. CHOICE OF LAW, JURISDICTION AND VENUE

a. This Contract has been and shall be construed as having been made and delivered within the State of Washington, and it is agreed by each party hereto that this Contract shall be governed by the laws of the State of Washington, both as to its interpretation and performance.

b. Any action at lawsuit, inequity, or judicial proceeding arising out of this Contract shall be instituted and maintained only in any of the courts of competent jurisdiction in Thurston County, Washington.

19. CONFIDENTIALITY

The Consultant, its employees, agents, and subcontractors and their employees, shall maintain the confidentiality of all information provided by the County or acquired by the Consultant in performance of this Contract, except upon the prior written consent of the County or an order entered by a court of competent jurisdiction. The Consultant shall promptly give the County written notice of any judicial proceeding seeking disclosure of such information.

20. SEVERABILITY

a. If a court of competent jurisdiction…