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					Request For Proposal #06-119
Caretaker – City of Bellevue Marina at Meydenbauer Bay




                  CITY OF BELLEVUE




                    REQUEST FOR PROPOSAL
                         RFP # 06-119
                     Caretaker – City of Bellevue
                     Marina at Meydenbauer Bay




Issue Date: August 29, 2006
Due Date and Time: September 15, 2006 @ 4:00 pm


                                   Page 1 of 32
Request For Proposal #06-119
Caretaker – City of Bellevue Marina at Meydenbauer Bay



                                     REQUEST FOR PROPOSAL

Notice is hereby given that proposals will be received by the City of Bellevue, Washington for:

                                              RFP 06-119
                  Caretaker – City of Bellevue Marina at Meydenbauer Bay

by filing with the Service First Desk, Lobby of the new Bellevue City Hall, 450 – 110th Ave NE,
Bellevue, Washington, 98004 until:

               Date:          September 15, 2006

               Time:          4:00pm

Proposals submitted after the due date and time will not be considered. Vendors accept all risks of
late delivery of mailed proposals regardless of fault.

Detailed Request for Proposal (RFP) information including general information, general terms and
conditions, requested services, proposal requirements and evaluation process is available on the
City’s website at www.cityofbellevue.org, under “Doing Business” and “Bid Information.”

The City of Bellevue reserves the right to reject any and all submittals and to waive irregularities and
informalities in the submittal and evaluation process. This RFP does not obligate the City to pay any
costs incurred by respondents in the preparation and submission of a proposal. Furthermore, the
RFP does not obligate the City to accept or contract for any expressed or implied services.

The successful vendor must comply with the City of Bellevue equal opportunity requirements. The
City is committed to a program of equal employment opportunity regardless of race, color, creed, sex,
age, nationality or disability.


Dated this ______ day of ______________, 2006.




Jamie Robinson
Contracting Services Supervisor

Published:     King County Journal, August 29, 2006
                                    September 5, 2006




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Request For Proposal #06-119
Caretaker – City of Bellevue Marina at Meydenbauer Bay

                                            TABLE OF CONTENTS
                                                                                                                       Page
Section 1. General Information .....................................................................................5
    1.01 Introduction ....................................................................................................5
    1.02 Purpose of RFP .............................................................................................5
    1.03 Background....................................................................................................5
    1.04 Definitions ......................................................................................................5
    1.05 RFP Coordinator/Communications ................................................................6
    1.06 Preliminary Schedule .....................................................................................6
    1.07 Response Format ..........................................................................................6
    1.08 Completeness of Proposal .............................................................................6
    1.09 Proposal Response Date and Location .........................................................6
    1.10 Required Number of Proposals ......................................................................7
    1.11 Vendor’s Cost to Develop Proposals .............................................................7

Section 2. Terms and Conditions .................................................................................8
    2.01 Questions/Clarifications Regarding the RFP..................................................8
    2.02 RFP Addendums ...........................................................................................8
    2.03 Withdrawal of Proposals ................................................................................8
    2.04 Rejection of Proposals ...................................................................................8
    2.05 Proposal Modification and Clarifications ........................................................8
    2.06 Proposal Validity Period .................................................................................8
    2.07 Proposal Signatures ......................................................................................8
    2.08 Public Records...............................................................................................8
    2.09 Business Registration and Taxation ..............................................................9
    2.10 Non-Endorsement ..........................................................................................9
    2.11 Non-Collusion Certificate ...............................................................................9
    2.12 Insurance Requirements ................................................................................9
    2.13 Asbestos or Hazardous Materials Abatement Work ......................................9
    2.14 Equal Opportunity Requirements ...................................................................9
    2.15 Compliance w/ Laws and Regulations ...........................................................9
    2.16 Ownerships of Documents .............................................................................9
    2.17 Confidentiality of Information .........................................................................9
    2.18 Indemnification .............................................................................................10
    2.19 Cooperative Purchasing...............................................................................10
Section 3. Requested Services ..................................................................................11
    3.01 Duration of Services ....................................................................................11
    3.02 Vendor Information ......................................................................................11
    3.03 Performance Expectations ...........................................................................11
    3.04 Cost Requirements ......................................................................................11
    3.05 Scope of Services .......................................................................................11

Section 4. Proposal Evaluation ..................................................................................15
    4.01 Evaluation Procedures ................................................................................15
    4.02 Scoring and Evaluation Factors ...................................................................15
    4.03 Vendor Presentation, Committee Interviews and/or
          Additional Information or Reviews ...............................................................15

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Request For Proposal #06-119
Caretaker – City of Bellevue Marina at Meydenbauer Bay

      4.04 Final Selection .............................................................................................16
      4.05 Contract Award and Execution ....................................................................16

Form 1 – Proposal Form .............................................................................................17

Form 2 – Company Information ..................................................................................18

Form 3 – Client References ........................................................................................19

Form 4 – Fee Proposal ...............................................................................................21

Attachment "A" NON-COLLUSION CERTIFICATE .................................................22

Attachment "B" INSURANCE REQUIREMENTS ......................................................23

Attachment "C" EQUAL OPPORTUNITY REQUIREMENTS ...................................25

Affidavit of Equal Opportunity Compliance ..................................................................26

Attachment “D” Sample Professional Services Agreement ......................................27

Attachment “E” – Map of caretaker responsibility .....................................................32




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Request For Proposal #06-119
Caretaker – City of Bellevue Marina at Meydenbauer Bay

                                  Section 1. General Information
1.01 Introduction
The City of Bellevue is located three miles east of Seattle, between Lake Washington and Lake
Sammamish, and about ten miles west of the foothills of the Cascade Mountain. The City’s resident
population of ~117,000 and daily workforce of ~121,000 make it Washington’s fifth-largest city. Bellevue is
a prosperous, increasingly diverse city that has evolved from a “bedroom community” into the economic
and cultural hub of the Seattle area’s Eastside. The City has developed its downtown core into a major
business and retail center while maintaining the safe, comfortable family neighborhoods for which it has
long been popular.

1.02 Purpose of RFP
The City of Bellevue (the “City”) is soliciting requests for proposals from qualified contractors to provide on-
site caretaker services at the City of Bellevue Marina at Meydenbauer Bay as described herein. Upon
review and evaluation of the proposals, a recommendation will be made per City of Bellevue contracting
policies and procedures.

1.03 Background
Caretaker services are currently being provided by a resident caretaker. The City regularly tests the
market to assure that the City is receiving the optimum level of service at the best price. Staff regularly
work with the resident caretaker to identify needs within the park, including maintenance, security and
procedures.

1.04   Definitions

City                      The City of Bellevue, Washington, and its departments.

Vendor                    The person or firm submitting the proposal and/or the person or firm awarded the
                          contract.

Contract                  The agreement to be entered into for services between the City and the vendor
                          who submits the proposal accepted by the City.

RFP                       This Request for Proposal, including any amendments or other addenda hereto.

Selection Committee       The RFP Selection Committee is comprised of the RFP Coordinator (defined in
                          Section 1.05) and other City staff.

Marina(s)                 The City of Bellevue-owned Marinas including Meydenbauer Bay Marina and
                          Bellevue Yacht Basin, located at Meydenbauer Bay, adjacent to each other.

Property Manager          The Parks & Community Services Department Property Manager




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 Caretaker – City of Bellevue Marina at Meydenbauer Bay


1.05     RFP Coordinator/Communications

 Upon release of this RFP, all vendor communications should be directed in writing to the RFP
 Coordinator listed below. Unauthorized contact regarding this RFP with other City employees may result
 in disqualification. Any oral communications will be considered unofficial and non-binding on the City.

       RFP Coordinator for this RFP is:

       Name:      Colin Walker
       Address:   City of Bellevue
                                     th
                  Street – 450 – 110 Ave NE
                  Mailing - P.O. Box 90012, Bellevue, WA 98009-9012
       E-mail:    cwalker@ci.bellevue.wa.us

 1.06 Preliminary Schedule
 These dates are estimates and are subject to change by the City.

   Event                                                            Date
   Release of RFP in paper                                          August 29, 2006
   Vendor Questions (if any) Due to RFP Coordinator                 September 7, 2006, 4:00pm
   Proposal Responses Due                                           September 15, 2006
   Proposal Evaluation Complete                                     October 15, 2006
   New Contract in Place                                            January 1, 2007

 1.07 Response Format
 Proposals should be prepared simply, providing a straightforward, concise delineation of the approach
 and capabilities necessary to satisfy the requirements of the RFP. Technical literature and elaborate
 promotional materials, if any, must be submitted separately. Emphasis in the proposals should be on
 completeness, clarity of content and adherence to the presentation structure required by this RFP.

 Vendor proposals must be submitted in the format specified below. Please provide responses in the
 format provided. Vendors that deviate from this format may be deemed non-responsive.

 1.08 Completeness of Proposal
 The vendor must attach the Proposal Form (Form #1) signed by a vendor representative authorized to
 bind the proposing firm contractually. This statement must identify any exceptions that the vendor takes
 to the City’s RFP, or declare that there are no exceptions taken to the RFP.

 1.09 Proposal Response Date and Location
 Proposals must be submitted to the City of Bellevue’s Service First desk no later than at September 15,
 2006 at 4:00pm Pacific Time. The Official Clock for submissions is located at the Service First counter
 (address listed below). All proposals and accompanying documentation will become the property of the
 City and will not be returned. Faxed proposals will not be accepted. Vendors accept all risks of late
 delivery of mailed proposal regardless of fault.

          Street Address                         Mailing Address
          Bellevue City Hall                     Service First Desk / Lobby
                    th
          450 – 110 Ave NE                       City of Bellevue
          Service First Desk / Lobby             P0 Box 90012
          Bellevue, WA 98004                     Bellevue, WA 98009-9012




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Caretaker – City of Bellevue Marina at Meydenbauer Bay

1.10 Required Number of Proposals
Six (6) completed proposals must be received by the date and time listed in Section 1.09. The City, at
its discretion, may make additional copies of the proposal for the purpose of evaluation only. The original
proposal will include original signatures, in ink, by authorized personnel, on all documents that require an
authorized signature. Proposals shall not exceed ten (10) double-sided pages.

1.11 Vendor’s Cost to Develop Proposals
Costs for developing proposals in response to the RFP are entirely the obligation of the vendor and shall
not be chargeable in any manner to the City.




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Caretaker – City of Bellevue Marina at Meydenbauer Bay

                                 Section 2. Terms and Conditions

2.01 Questions/Clarifications Regarding the RFP
No oral interpretation or clarification will be made to any vendor as to the meaning of RFP documents except
as provided for in Section 1.05 of this RFP. Written requests for interpretation/clarification shall be addressed
to the RFP Coordinator at the address indicated in Section 1.05, or by email. Questions and Answers will be
posted on the City’s website by September 11, 2006.

2.02 RFP Addendums
The City reserves the right to change the RFP schedule or issue addendums to the RFP at any time. The
City also reserves the right to cancel or reissue the RFP. All such addenda will become part of the RFP.

In the event that it becomes necessary to revise any part of this RFP, the City will issue the addenda on the
City’s website (www.cityofbellevue.org) under “Doing Business”. It is the vendor’s responsibility to confirm as
to whether any addenda have been issued.

2.03 Withdrawal of Proposal
Proposals may be withdrawn at any time prior to the submission time specified in Section 1.09, provided
notification is received in writing. Proposals cannot be changed or withdrawn after the time designated
for receipt.

2.04 Rejection of Proposals
The City reserves the right to reject any or all proposals, to waive any minor informalities or irregularities
contained in any proposal, and to accept any proposal deemed to be in the best interest of the City.

2.05 Proposal Modification and Clarifications
The City reserves the right to request that any vendor clarify it’s proposal or to supply any additional
material deemed necessary to assist in the evaluation of the proposal.

Modification of a proposal already received will be considered only if the request is received prior to the
submittal deadline. All modifications must be made in writing, executed and submitted in the same form and
manner as the original proposal.

2.06 Proposal Validity Period
Submission of a proposal will signify the vendor’s agreement that its proposal and the content thereof are
valid for 180 days following the submission deadline unless otherwise agreed to in writing by both parties.
The proposal will become part of the contract that is negotiated between the City and the successful
vendor.

2.07 Proposal Signatures
1) An authorized representative must sign proposals, with the vendor's address, telephone and email
    information provided. Unsigned proposals will not be considered.
2) If the proposal is made by an individual, the name, mailing address and signature of the individual must be
    shown.
3) If the proposal is made by a firm or partnership, the name and mailing address of the firm or partnership
    and the signature of at least one of the general partners must be shown.
4) If the proposal is made by a corporation, the name and mailing address of the corporation and the
    signature and title of the person who signs on behalf of the corporation must be shown.
5) The City reserves the right to request documentation showing the authority of the individual signing the
    proposal to execute contracts on behalf of anyone, or any corporation, other than himself/herself. Refusal
    to provide such information upon request may cause the proposal to be rejected as non-responsive.

2.08 Public Records
Under Washington state law, the documents (including but not limited to written, printed, graphic, electronic,
photographic or voice mail materials and/or transcriptions, recordings or reproductions thereof) submitted in
response to this RFP (the “documents”) become a public record upon submission to the City, subject to
mandatory disclosure upon request by any person, unless the documents are exempt from public disclosure
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Caretaker – City of Bellevue Marina at Meydenbauer Bay

by a specific provision of law. If the City receives a request for inspection or copying of any such documents it
will promptly notify the person submitting the documents to the City (by U.S. mail and by fax if the person has
provided a fax number) and upon the written request of such person, received by the City within five (5) days
of the mailing of such notice, will postpone disclosure of the documents for a reasonable period of time as
permitted by law to enable such person to seek a court order prohibiting or conditioning the release of the
documents. The City assumes no contractual obligation to enforce any exemption.

2.09 Business Registration and Taxation
The vendor awarded a contract will be subject to City of Bellevue Business Registration and Business
Taxation as presented in the Bellevue City Code. Questions about the City’s Business and Occupation (B&O)
tax should be directed to the City’s Tax office at (425) 452-6851.

2.10 Non-Endorsement
As a result of the selection of a vendor to supply products and/or services to the City, vendor agrees to make
no reference to the City in any literature, promotional material, brochures, sales presentation or the like without
the express written consent of the City.

2.11 Non-Collusion Certificate
The proposal submitted for this RFP shall include the Non-Collusion Certificate (Attachment “A”).

2.12 Insurance Requirements
The Contractor shall maintain insurance that is sufficient to protect the contractor’s business against all
applicable risks, as set forth in Attachment “B”. The Contractor will cause the indemnified parties, as
described in Section 2.18 to be named as additional insureds on the policy required under the Agreement
and shall cause its insurance to be primary to any insurance carried by the indemnified parties.

2.13 Asbestos or Hazardous Materials Abatement Work
If Asbestos abatement or hazardous materials work is performed, contractor shall review coverage with the
City's Risk Manager and provide scope and limits of coverage that are appropriate for the scope of work. No
asbestos abatement work will be performed until coverage is approved by the Risk Manager.

2.14 Equal Opportunity Requirements
The City is an equal opportunity employer and requires all vendors to comply with policies and regulations
concerning equal opportunity (Attachment “C”). The vendor, in the performance of a contract, agrees not to
discriminate in its employment because of the employee’s or applicant’s race, religion, national origin,
ancestry, sex, age or physical handicap. The requirements of Bellevue City Code Section 4.28.143 entitled
“Equal Opportunity”, provided to the vendor with the Request for Proposals, are hereby incorporated herein,
and shall be binding on the vendor.

2.15 Compliance with Laws and Regulations
In addition to nondiscrimination and affirmative action compliance requirements previously listed, the vendor
awarded a contract shall comply with federal, state and local laws, statutes and ordinances relative to the
execution of the work. This requirement includes, but is not limited to, protection of public and employee
safety and health; environmental protection; waste reduction and recycling; the protection of natural resources;
permits; fees; taxes; and similar subjects.

2.16 Ownerships of Documents
Any reports, studies, conclusions and summaries prepared by the vendor shall become the property of
the City.

2.17 Confidentiality of Information
All information and data furnished to the vendor by the City, and all other documents to which the vendor’s
employees have access during the term of a contract, shall be treated as confidential to the City. Any oral or
written disclosure to unauthorized individuals is prohibited.




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Caretaker – City of Bellevue Marina at Meydenbauer Bay



2.18    Indemnification
The vendor shall hold harmless, defend, and indemnify the City and the City’s officers, agents, and employees
against any liability that my be imposed upon them by reason of the vendor’s failure to provide compensation
coverage or liability coverage.

2.19     Cooperative Purchasing
RCW 39.34 allows cooperative purchasing between public agencies (political subdivision) in the State of
Washington. Public agencies which have filed an Intergovernmental Cooperative Purchasing Agreement
with the City of Bellevue and which are actively participating may purchase from City of Bellevue
contracts. Only those public agencies who have complied with these requirements are eligible to use this
contract.

The City of Bellevue does not accept any responsibility for purchase orders or contracts issued by other
public agencies. The public agency accepts responsibility for compliance with any additional or varying
laws and regulations governing purchase by or on behalf of the public agency in question. The City of
Bellevue accepts no responsibility for the performance of any purchasing contract by the vendor, and the
City of Bellevue accepts no responsibility for payment of the purchase price for any public agency.




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Caretaker – City of Bellevue Marina at Meydenbauer Bay


                                  Section 3. Requested Services

3.01 Duration of Services
The term of a contract with the selected vendor shall be from the date of execution of the contract to
December 31, 2010.

3.02 Vendor Information
The forms referenced below must be submitted with the vendor’s proposal. Those areas that do not
apply to your proposal, please mark with an N/A - do not leave any spaces blank.

        Company Information – Complete Form #2

        Client References - Complete Form #3

3.03 Performance Expectations
If the vendor has had a contract terminated for default during the past five (5) years, all such incidents
must be described. “Termination for default” is defined as notice to stop performance due to the vendor’s
non-performance or poor performance, and the issue was either (a) not litigated; or (b) litigated and such
litigation determined the vendor to be in default.

Submit full details of all terminations for default experienced by the vendor during the past five (5) years,
including the other party’s name, address and telephone number. Present the vendor’s position on the
matter. The City will evaluate the facts and may, at its sole discretion, reject the vendor’s proposal if the
facts discovered indicate that completion of a contract resulting from this RFP may be jeopardized by
selection of the vendor.

If the vendor has experienced no such termination for default in the past five (5) years, so declare.

If the vendor has had a contract terminated for convenience, non-performance, non-allocation of funds or
any other reason, which termination occurred before completion of the contract, during the past five (5)
years, describe fully all such terminations, including the name, address and telephone number of the
other contracting party.

3.04 Cost Requirements
All prices are to be in U.S. dollars. The contractor will be responsible for paying leasehold excise tax on
the caretaker office. The vendor awarded a contract will be subject to City of Bellevue business
registration and business taxation as provide in Chapters 4.20 and 4.08 of the Bellevue City Code (for
details call the City Tax office at 425-452-6851).


3.05 Scope of Services
     A. The general responsibilities of the contractor shall include, but are not limited to, the Marina
        security services and public outreach described herein. Except as noted in Section D, said
        services specified in 1 through 6 of this section shall be provided :
        1)     Three (3) times a day, morning, afternoon, and evening;
        2)     Security personnel on-site between the hours of 10:00pm and 6:00am, seven days per
     week.
     B. No other persons, except as identified in Item D, Leave of Absence, are authorized to perform
        contractor services without written permission from the City. Use of sub-contractors will require
        written approval from the City prior to commencement of contract. Please include list of sub-
        contractors, and background check authorizations for each, with your final proposal.




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Caretaker – City of Bellevue Marina at Meydenbauer Bay

    C. The contractor shall be responsible for performing the following duties within the Marinas owned
        by the City of Bellevue, as outlined in Attachment E – Map.
        1) Collect and dispose of incidental litter or debris on the grounds and/or in the water while
             patrolling Marina complex.
        2) The contractor shall patrol the grounds and docks within the Marina area, as outlined in
             Attachment E.
        3) The contractor shall inspect all boats to ensure they are properly secured to the docks.
        4) The contractor shall inspect all gates to piers to ensure they are properly locked.
        5) In case of an emergency involving injury to persons or in case of fire, threatening act, etc.,
             the contractor shall call 911. The contractor shall respond to the best of his or her ability
             to non-emergency, non-fire, and/or non-threatening situations involving, marina users,
             patrons, City employees, or City property whenever the contractor is at the residence.
        6) Report any damage or potential hazard involving park property immediately to the
                                                                                                   th
             Contract Manager, located at Bellevue Parks Resource Management, 16023 NE 8 St,
             telephone 452-6855, and/or Police Fire Communications Center, telephone 911.
             Hazardous conditions shall be immediately remedied or secured to prevent further
             damage and/or protect people and boats from injury.
        7) The Parks & Community Services Department also has an on-call number for after hours,
             non-emergency situations. The on-call number is 452-6855. 911 can also access this
             number.
        8) Incidents, altercations, or accidents involving marina tenants, patrons, contractor, the
             contractors’ representatives, boats, and/or City employees shall be reported to the
             Contract Manager in a timely manner, but no later than 24 hours. The Contract Manager
             may require a written report of the incident(s).
        9) The Contract Manager shall provide a monthly list of all tenants in the event that the
             contractor is unable to reach the Contract Manager, or other City staff, and needs to
             contact a tenant relating to tenants boat.
       10) The contractor shall have a key to all facilities for access by emergency vehicles.
       11) The contractor shall maintain a daily log which documents the following:
             a) Incidents, altercations, or accidents including, but not limited to altercations involving
                   marina tenants, patrons, contractor, the contractor’s representatives and/or City
                   employees.
             b) Any damage or potential hazard involving Park property and actions taken by the
                   contractor.
             c) Condition of marina facilities.
             d) Comments made to contractor, either positive or negative, pertaining to marina
                   facility and management practices.

           The contractor shall provide one (1) copy of the daily log to the Contract Manager or his or
           her designee on a weekly basis. If the contractor has access to e-mail, the contractor shall
           submit on a weekly basis a copy of daily marina logs via email to zsmith@ci.bellevue.wa.us.
           Otherwise, mail logs to:
           City of Bellevue
           Parks & Community Services Department
           Attention: Zarrian Smith
           P.O. Box 90012
           Bellevue, WA 98009-9012

      12) All services, and all duties incidental or necessary thereto, shall be conducted and
          performed diligently and competently and in accordance with professional standards of
          conduct and performance.
      13) The contractor shall provide all materials and equipment necessary to perform the duties
          described herein, including safety equipment such as flashlights, cellular telephones, etc.,
          that the contractor may determine necessary.



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Caretaker – City of Bellevue Marina at Meydenbauer Bay



      14) The contractor shall provide some type of Contractor Identification when patrolling the
          marina. Such identification could include business cards, jackets, and/or hats to be
          determined and provided by the contractor, but approved by the Contract Manager.
      15) The City shall provide gate locks and keys.
      16) The contractor and his or her representatives shall get to know the residents of Whalers
          Cove Condominiums and the tenants of the Meydenbauer Bay Yacht Club. The contractor
          will provide their phone number to Whalers Cove Manager so Whalers Cove can contact the
          contractor with any concerns they may have regarding security of the marina. Contractor
          and his or her representatives shall also attend one Whalers Cove monthly meeting with the
          Contract Manager, so residents of Whalers Cove can meet and establish a working
          relationship with the contractor.

    D. Leave of Absence:
       1) The contractor may take an extended leave of absence by providing adequate provision of
           services. The contractor shall request an extended leave of absence at least two weeks in
           advance from the Contract Manager.
       2) If more than one contractor is selected, and all are to be on leave at the same time, the
           Contract Manager must approve substitute Contractor staff. The contractor(s) shall be
           responsible for all costs associated with the use of substitute contractors, and insurance
           requirements outlined in Attachment 2 – Sample of Contract must be adhered to.

    E. Contractor:
       1) Due to the nature of this work, the contractor is expected to be on site during specific time
          periods. Since the City of Bellevue Marina at Meydenbauer Bay has a contractor’s office,
          the contractor will be permitted to use this office as part of their compensation package.
          This office is not subject to rent, however, the contractor is expected to pay any leasehold
          excise tax that applies based on the fair-market rent value. The contractor is responsible
          for all equipment and furnishing inside the office, as well as other items as outlined in this
          Agreement. The use of the office is not intended to create any type of landlord/tenant
          relationship, and its use is subject to City policy and usage requirements. The contractor
          will be billed for any damages or repairs to the office caused by the contractor or while the
          office is under the contractor’s control. Contract termination constitutes facility access
          termination. The office is located within a building adjacent to the Marina Parking lot and
          the Historic Whaling Building. The Contractor’s office is located upstairs.
       2) The office consists of the following: Kitchenette with small appliances; bathroom; living
          room; an area for on-premise overnight security; and a small washer and dryer.

    F. Amenities:
       1) Utilities: The City will pay for utilities in the contractor’s office facility.
       2) Garbage: There is a garbage dumpster at the marina for use by marina and residential
          tenants. The dumpster is the responsibility of the City. The dumpster shall only be used
          for trash generated during caretaker duties.
       3) Landscape: Landscape and landscape maintenance around the contractor’s office will be
          the responsibility of the City.
       4) Parking: Contractor shall be permitted to park two (2) vehicles within the parking lot, but
          must keep area adjacent to office available for marina use. City reserves the right to
          relocate parking area elsewhere on the marina premises.
       5) Boat Moorage: Boat moorage may be available within the marinas owned by the City.
       6) Storage (Boats/Etc): Since the office is located within the marina there shall be no
          outside storage of any kind, including, but not limited to boats, recreational vehicles, or
          utility trailers. Dogs are not permitted on the premises. The Whalers Boathouse is an City
          historical facility, therefore no storage of any kind will be allowed within the building for the
          contractor.



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Caretaker – City of Bellevue Marina at Meydenbauer Bay

       7) Granting Authority: Facility use within the marina complex is determined by the City. All
          questions regarding moorage and parking are to be directed toward the City’s Marina
          management staff.
       8) On-Site Office:
          a. Rent: Use of the office is considered part of the contractor’s compensation package;
             thus, the office is not subject to rent payments. Fair market value for rent of the office
             is $850 per month.
          b. Leasehold Excise Tax: Contractor shall pay $96.72 per month (12.84 percent of the
             fair market value of $850) for leasehold excise tax each month. Leasehold excise tax
             will be billed on a monthly basis by the City of Bellevue Cashier.




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Caretaker – City of Bellevue Marina at Meydenbauer Bay


                                      Section 4. Proposal Evaluation

4.01      Evaluation Procedures
Proposals will be evaluated by the Selection Committee. The Selection Committee will consider the
completeness of a vendor’s proposal and how well the proposal meets the needs of the City. In
evaluating the proposals, the City will be using a criteria evaluation process. Evaluations will be based on
criteria as outlined in Section 4.02 below. All proposals will be evaluated using the same criteria and
possible points.

4.02    Scoring and Evaluation Factors
The evaluation factors reflect a wide range of considerations. While cost is important, other factors are
also significant. Consequently, the City may select other than the lowest cost proposal. The objective is
to choose the vendor capable of providing quality vendor services that will help the City achieve the goals
and objectives of the requested services within a reasonable budget.

Criteria to be used by the City in evaluation of proposals will include, but are not limited to the following:
1.       Professional abilities
2.       Financial aggressiveness of proposal
3.       Level of relevant and similar experience
4.       Customer service provided
5.       Working relationships with previous clients
6.       Quality of the proposal provided
7.       Responsiveness of Proposal to City's needs
8.       Specialized qualifications
9.       Creativity

Evaluations will be based on criteria identified below.

                              Evaluation Criteria                                  Possible Points
  Responsiveness/Completeness of Proposal (i.e., were all the forms                      10
  completed and everything included that was required by the RFP)
  Experience/Qualifications (i.e., vendor’s experience working within                      40
  the requested services arena; vendor’s experience working with
  municipalities; vendor’s ability to successfully complete the scope of
  services on time and on budget; vendor’s ability to successfully work
  with City staff; vendor’s references)
  Scope of Services (i.e., does the vendor understand what it will take                    30
  to successfully achieve the goals and objectives of the requested
  services; did the vendor propose any revisions and/or changes to the
  draft Scope of Services that would better serve the City )
  Budget (i.e., does the budget seem reasonable for the scope of                           20
  services proposed; does the budget provide the City good value)
                                                     Total Points Possible                100




4.03     Vendor Presentation, Committee Interview and/or Additional Information or Reviews
After the proposals are evaluated, the Selection Committee will determine whether formal presentations
and interviews are necessary, and if so, which vendors may be invited to make a formal presentation



                                              Page 15 of 32
Request For Proposal #06-119
Caretaker – City of Bellevue Marina at Meydenbauer Bay

and/or sit for a panel interview with the Selection Committee. The City may choose not to require formal
presentations or interviews. The City may choose to contact officials from other jurisdictions regarding
the vendor, their prior work experience and their ability to successfully complete the scope of services.
The City may request clarification or additional information from a specific vendor in order to assist in the
City's evaluation of a proposal. Finally, the City may require changes in the scope of services as deemed
necessary by the City, before execution of the Contract.

4.04    Final Selection
The Selection Committee will formulate their recommendation for award of a contract, and forward their
selection to the City Manager for signature.

4.05    Contract Award and Execution
The City reserves the right to make an award without further discussion of the proposal submitted.
Therefore, the proposal should be initially submitted on the most favorable terms the vendor can offer.

The City shall not be bound or in any way obligated until both parties have executed a contract.

The general conditions and specification of the RFP and the successful vendor’s response, as amended
by contract between the City and the successful vendor, including e-mail or written correspondence
relative to the RFP, will become part of the contract documents. Additionally, the City will verify vendor
representations that appear in the proposal. Failure of a vendor to perform services as represented may
result in elimination of the vendor from further competition or in contract cancellation or termination.

The vendor selected as the apparently successful vendor will be expected to enter into a contract with the
City. A sample City contract is provided in Attachment “D”. Please review contract prior to submitting a
proposal. This document is for informational purposes only and is not part of the submittal requirements.

The vendor selected as the apparently successful vendor will be expected to pass a criminal background
check.

The foregoing should not be interpreted to prohibit either party from proposing additional contract terms
and conditions during negotiations of the final contract.

If the selected vendor fails to sign a contract within five (5) business days of delivery of the final contract,
the City may elect to cancel the award and award the contract to the next-highest ranked vendor.

All parties may incur no cost chargeable to the proposed contract before the date of execution of the
contract.




                                               Page 16 of 32
Request For Proposal #06-119
Caretaker – City of Bellevue Marina at Meydenbauer Bay

                                               Proposal Form #1

To :        City of Bellevue

From:                               __               Vendor Name

                                                     Vendor Address

                                                     City, State & Zip Code

                                                     Phone & Fax Numbers

                                                     Email Address

                                                     Federal Tax ID #

                                                     UBI #

1. Response:

       In response to the City’s Request for Proposal, we offer the following:

       a) Proposal Form – Form 1

       b) Statement of Qualifications, including any unique expertise or experience, and resume of
          proposer.

       c) Company Information – Complete Form 2

       d) Client References - Complete tables in Form 3 Only one reference may be an employee of the
          City of Bellevue.

       e) Proposed Budget Form – Form 4

       f)   Boilerplate forms as required elsewhere in this RFP document:
             Non-Collusion Certificate (Attachment “A”)
             Affidavit of Equal Opportunity Compliance (Attachment “C”)


2. Exceptions:

       Except as noted below, the undersigned hereby agrees to comply with all the terms and conditions
       put forth in the City’s Request for Proposal. Please attach additional pages as necessary.




Signed:                                                              Dated:




                                               Page 17 of 32
Request For Proposal #06-119
Caretaker – City of Bellevue Marina at Meydenbauer Bay

                                           Company Information
                                               Form #2

Company Name: ______________________________________________________________

Home Office Address: _________________________________________________________

Washington Business Address:___________________________________________________

Website Address: ______________________________________________________________

Name, Title, Address, Telephone Number, FAX Number and Email Address of the person to be contacted
concerning the proposal:

______________________________________________________________

______________________________________________________________

______________________________________________________________

If Applicable, Name of the Parent Company:

______________________________________________________________

Home Office Address, Telephone Number and Website Address of the Parent Company:

______________________________________________________________

______________________________________________________________

______________________________________________________________


Describe the parent company's relationship with the vendor:




If applicable, does the person signing the proposal have the authority to sign on behalf of the vendor?

                                 _____Yes                  _____No



Names of companies that will share significant and substantive responsibilities with the vendor in
performing the scope of services under the Contract:




Attach to this form, and label appropriately, documentation showing that the vendor is duly organized and
validly existing as a corporation or partnership in good standing, and licensed to do business in the City. If
the vendor is not licensed to do business in the City, then the vendor must provide a sworn statement that
it will take all necessary actions to become so licensed if selected as the selected Vendor.



                                             Page 18 of 32
Request For Proposal #06-119
Caretaker – City of Bellevue Marina at Meydenbauer Bay

                                         Client References
                                              Form #3


Client References #1
Client Name
Contact Name
Title
Phone Number
Email Address
Type of Services Provided


Services Provided Similar to     Yes – Explain similarities:
the City’s Scope of Services?
                                 No

Client References #2 – Non-City
Client Name
Contact Name
Title
Phone Number
Email Address
Type of Services Provided


Services Provided Similar to     Yes – Explain similarities:
the City’s Scope of Services?
                                 No

Client References #3 - Non-City
Client Name
Contact Name
Title
Phone Number
Email Address
Type of Services Provided


Services Provided Similar to     Yes – Explain similarities:
the City’s Scope of Services?
                                 No




                                          Page 19 of 32
Request For Proposal #06-119
Caretaker – City of Bellevue Marina at Meydenbauer Bay

Client References #4 – Non-City
Client Name
Contact Name
Title
Phone Number
Email Address
Type of Services Provided


Services Provided Similar to     Yes – Explain similarities:
the City’s Scope of Services?
                                 No

Client References #5 – Non-City
Client Name
Contact Name
Title
Phone Number
Email Address
Type of Services Provided


Services Provided Similar to     Yes – Explain similarities:
the City’s Scope of Services?
                                 No




                                          Page 20 of 32
Request For Proposal #06-119
Caretaker – City of Bellevue Marina at Meydenbauer Bay


                                               Form #4
                                            FEE PROPOSAL


The proposal price should include everything for the complete implementation and performance of the
Scope of Services including, but not limited to, furnishing all materials, equipment, tools, management,
labor and service, except as may be provided otherwise in the RFP documents. Price should be in U.S.
dollars. Do not include Washington State Sales Tax or Federal Excise Tax in the price.

Please attach additional sheets as necessary to justify fee proposal.


          ITEM
           NO.   DESCRIPTION                                            TOTAL UNIT PRICE

           1.    City of Bellevue Marina at Meydenbauer Bay
                 Caretaker Services

                 _________________________per year
                 (Unit price written or typed)




Signed:                                                           Dated:

Title:




                                            Page 21 of 32
Request For Proposal #06-119
Caretaker – City of Bellevue Marina at Meydenbauer Bay

                                       Attachment “A”


                              NON-COLLUSION CERTIFICATE


STATE OF                                       )
                                                ss.

COUNTY OF                                      )


The undersigned, being duly sworn, deposes and says that the person, firm,
association, co-partnership or corporation herein named, has not, either directly or
indirectly, entered into any agreement, participated in any collusion, or otherwise taken
any action in restraint of free competition in the preparation and submission of a
proposal to the City of Bellevue for consideration in the award of a contract on the
improvement described as follows:

              Caretaker – City of Bellevue Marina at Meydenbauer Bay
                           Request for Proposal # 06-119




             (Name of Firm)

By:
             (Authorized Signature)

Title

Sworn to before me this               day of                          2006.

Notary Public




CORPORATE SEAL:




                                       Page 22 of 32
                                     SPECIAL RIDER
                                               TO
                                         ATTACHMENT “B”
                                     INSURANCE REQUIREMENTS
                                                for
                                 Building Service Contractors



Add the following to section A. Minimum Insurance:
5. Employee Dishonesty coverage endorsed for third party coverage for the City or with the City named as
   a loss payee with limits not less than $100,000 per occurrence and as an annual aggregate.
                                                   Attachment “C”
                          EQUAL OPPORTUNITY REQUIREMENTS
General Instructions
Applications: The following materials pertain to the Equal Opportunity Requirements of the City of Bellevue as set forth
in Chapter 4.28.143 of the Bellevue City Code. All contractors, subcontractors, consultants, vendors and suppliers who
contract with the City in a total amount of thirty-five thousand or more within any given year must comply with these
requirements.
Affidavit: Before being considered for a contract of the magnitude listed above, all contractors will be required to submit
the “Affidavit of Equal Opportunity Compliance” as part of their proposal/qualifications or upon the request of the
Purchasing Manager.
Compliance: The City of Bellevue reserves the right to randomly select contractors, subcontractors, consultants, vendors
or suppliers to be audited for compliance of the requirements listed. During this audit, the contractors, etc. will be asked
for a specific demonstration of compliance with the requirements.
Noncompliance: A finding of a noncompliance may be considered a breach of contract and suspension or termination of
the contract may follow.
City contact: The City’s Compliance Officer is the Purchasing Manager, and specific questions pertaining to this section
may be directed to the Purchasing Division at (425) 452-7246.
Bellevue City Code Excerpt
Section 4.28.143 of the Bellevue City Code establishes the requirements for all contractual service providers:
“All contractors, subcontractors, consultants, vendors and suppliers who contract with the City of Bellevue in a total
amount of thirty-five thousand or more within any given year are required to take affirmative action and comply with the
following requirements of this section. There shall be included in any contract between such contractual services
provider and the City of Bellevue the following provisions:
1. Contractor shall make specific and constant recruitment efforts with minority and women’s organizations, schools,
      and training institutions. This shall be done by notifying relevant minority and women’s organizations.
2. Contractor shall seek out eligible minority and women contractors to receive subcontract awards. Appropriate
      minority and women contractors shall be notified in writing of any bids advertised for subcontract work.
3. Contractor shall provide a written statement to all new employees and subcontractors indicating commitment as an
      equal opportunity employer and the steps taken to equal treatment of all persons.
4. Contractor shall actively consider for promotion and advancement available minorities and women.
5. Contractor is encouraged to make specific efforts to encourage present minority and women employees to help
      recruit qualified members of protected groups.
6. Contractor is encouraged to provide traditional and nontraditional employment opportunities to female and minority
      youth through after school and summer employment.
7. Contractor is encouraged to assist in developing the skills of minorities and women by providing or sponsoring
      training programs.
Willful disregard of the City’s nondiscrimination and affirmative action requirements shall be considered breach of
contract and suspension or termination of all or part of the contract may follow.
All contractors, subcontractors, vendors, consultants or suppliers of the City required to take affirmative action must sign
the affidavit of compliance and submit with the bid proposal or upon the request of the Purchasing Manager. All
documents related to compliance steps listed above shall be presented upon the request of the Purchasing Manager.
The Purchasing Manager shall serve as the compliance officer for the city and is authorized to develop and issue
procedures for the administration of this section.”
Interpretations
In order to more readily determine compliance with BCC 4.28.143, the following interpretations are provided:
Requirement 1. When a contractor needs to recruit, they must notify minority and women’s organizations, schools and
training institutions. Such “notification” can be in the form of an advertisement in newspapers or trade journals of general
circulation in the metropolitan Seattle area.
When the contractor hires through a union hiring hall, the contractor must be able to provide confirmation, upon request
by the City, that the hiring hall has an equal opportunity policy.
Requirement 2. When a contractor intends to subcontract out any work they shall notify minority and women contractors
for the subcontract work. The requirements to notify minority and women contractors of any bids can be satisfied by
advertising in newspapers or trade journals that are of general circulation in the metropolitan Seattle area.
Requirement 3. If and when a contractor hires new employees or contracts with subcontractors, the contractor must alert
such employees and subcontractors to the contractor’s commitment as an equal opportunity employer, etc. This
requirement may be complied with by posting a notice of equal opportunity commitment at the job shack, or by the time
clock.
Requirement 4. If and when a contractor promotes or advances employees, the contractor must consider all eligible
employees.
The City of Bellevue reserves the right to audit all contractors for compliance with the requirements set forth in BCC
4.28.143.
              AFFIDAVIT OF EQUAL OPPORTUNITY COMPLIANCE


                                                                   certifies that:
                         Respondent


1.       If necessary to recruit additional employees, it has:
         a.       Notified relevant minority and women’s organizations, or
         b.       Hired through a union hall with an equal opportunity policy.
2.       It intends to use the following listed construction trades in the work under the contract:




3.       In sourcing subcontract work for trades listed above, it has notified in writing appropriate minority and women
         contractors of bids for subcontract work.
4.       It will obtain from its subcontractors and submit upon request, an Affidavit of Equal Opportunity Compliance as
         required by these bid documents.
5.       It has provided a written statement to all new employees or subcontractors indicating its commitment as an
         equal opportunity employer.
6.       It has considered all eligible employees for promotion or advancement when promotion or advancement
         opportunities have existed.


By:
                        (authorized signature)
Title:
Date:
                          Attachment “D”                                   REC. NO.
            CITY OF BELLEVUE
                                                                           CITY OF BELLEVUE
            City Attorneys Office
            425 452-6829                                                   DATE

                                                                           CITY CLERK'S OFFICE
City of Bellevue Contract Identification Information:                      CCO FILE #
Contract Title:
                               PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is entered into the date last below written between the CITY OF BELLEVUE,
WASHINGTON (“CITY”) AND
                                                                            (“CONTRACTOR”).

                                     1. SERVICES BY CONTRACTOR
A. Performance of Services. The Contractor shall perform the services described in the scope of work
attached hereto as Attachment A. All Services will be rendered to the best of the Contractor’s ability and in a
timely and professional manner, in compliance with all standards and rules reasonably established by the
City.
B. Modification. The City periodically may make changes to the Services that are within the general scope
of the Agreement, by giving the Contractor written notice of such changes. If any change results in an
increase or a reduction in the work that was contemplated to be performed by the Contractor as described in
Attachment A, the Contractor’s compensation hereunder shall be modified accordingly.
                                                2. PAYMENT
A. The City shall pay the Contractor for such services: (Check One)
    Hourly: __________ per hour, plus actual expenses, but not more than a total of
        Fixed Sum:       A total amount of:_______________
        Other:
                  for all services performed, and expenses incurred under this agreement.
B. The Contractor shall maintain time and expense records and provide them not more frequently than
monthly to the City, along with monthly invoices in a format acceptable to the City for work performed to
the date of the invoice.
C. All invoices shall be paid by mailing a city warrant within 30 days of receipt of a proper invoice after
approval of the Contractor’s completed tasks/deliverables to the date of the invoice or monthly report, as
appropriate.
D. The Contractor shall keep cost records and accounts pertaining to the Agreement available for inspection
by the City’s representatives for three (3) years after final payment. Copies shall be made available on
request.
E. If the services rendered do not meet the requirements of the Agreement, the Contractor will correct or
modify the work to comply with the Agreement. The City may withhold payment for such work until the
work meets the requirements of the Agreement.
                       3. DISCRIMINATION AND COMPLIANCE WITH LAWS
A. The Contractor agrees not to discriminate against any employee or applicant for employment or any other
person in the performance of this Agreement because of race, creed, color, national origin, marital status,
sex, age, disability, or other circumstance prohibited by federal, state or local law or ordinance, except for a
bona fide occupational qualification.
B. The Contractor shall comply with all federal, state and local laws and ordinances applicable to the work
to be done under this Agreement, including where applicable Bellevue City Code § 4.28.143.

                                                                                               Page 27   rev 04/04
C. Violation of this Section 3 shall be a material breach of this Agreement and grounds for cancellation,
termination or suspension of the Agreement by the City, in whole or in part, and may result in ineligibility
for further work for the City.
                           4. TERM AND TERMINATION OF AGREEMENT
A. Term. This Agreement shall remain in effect until completion of the services described in Attachment A
and final payment therefor unless terminated earlier in accordance with Paragraph 4 of this Agreement.
B. Rights Upon Termination. This Agreement may be terminated by either party without cause upon thirty
days’ written notice, in which event all finished or unfinished documents, reports, or other material or work
of Contractor pursuant to this Agreement shall be submitted to the City, and the Contractor shall be entitled
to just and equitable compensation at the rate set forth in Paragraph 2 for any satisfactory work completed
prior to the date of termination.
C. Noninterference with business. During the course of the Contractor’s performance of the Services for the
City and for a period of twelve (12) months after the completion of such Services, the Contractor will not
interfere with the City’s business in any manner, including without limitation, encouraging anyone to leave
the City’s employ or encouraging any employee or independent contractor to sever that person’s relationship
with the City.
                                 5. OWNERSHIP OF WORK PRODUCT
All data, materials, reports, memoranda and other documents developed under this Agreement whether
finished or not shall become the property of the City, shall be forwarded to the City at its request and may be
used by the City as it sees fit. The City agrees that if it uses products prepared by the Contractor for purposes
other than those intended in this Agreement, it does so at its sole risk and it agrees to hold the Contractor
harmless therefor.
                       6. GENERAL ADMINISTRATION AND MANAGEMENT
The Director of the _______________________________________________ Department of the City of
Bellevue, or his/her designee, shall be the City’s representative, and shall oversee and approve all services to
the performed, coordinate all communications, and review and approve all invoices, under this Agreement.
                           7. INDEMNIFICATION AND HOLD HARMLESS
A. The Contractor shall protect, defend, indemnify and save harmless the City, its officers, employees and
agents from any and all costs, claims, judgments or awards of damages, arising out of or in any way resulting
from the negligent acts or omissions of the Contractor. The Contractor agrees that its obligations under this
subparagraph extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its
employees or agents. For this purpose, the Contractor, by mutual negotiation, hereby waives, as respects the
City only, any immunity that would otherwise be available against such claims under the Industrial Insurance
provisions of Title 51 RCW. In the event the City incurs any judgment, award, and/or cost arising therefrom
including attorneys’ fees to enforce the provisions of this article, all such fees, expenses and costs shall be
recoverable from the Contractor.
B. The City shall protect, defend, indemnify and save harmless the Contractor, its officers, employees and
agents from any and all costs, claims, judgments or awards of damages, arising out of or in any way resulting
from the negligent acts or omissions of the City. The City agrees that its obligations under this subparagraph
extend to any claim, demand, and/or cause of action brought by, or on behalf of, any of its employees or
agents. For this purpose, the City, by mutual negotiation, hereby waives, as respects the Contractor only, any
immunity that would otherwise be available against such claims under the Industrial Insurance provisions of
Title 51 ROW. In the event the Contractor incurs any judgment, award, and/or cost arising therefrom
including attorneys’ fees to enforce the provisions of this article, all such fees, expenses and costs shall be
recoverable from the City.
C. The Contractor will indemnify, defend, and hold the City (and its elected officials, officers, employees,
successors, assigns, insurers, licensees, distributors, independent contractors, and agents) harmless from all
claims, damages, losses, and expenses (including reasonable attorneys’ fees incurred on such claims and in
proving the right to indemnification) arising out of or resulting from any claim, action, or other proceeding


                                                                                                Page 28   rev 04/04
that is based upon (a) the Contractor’s breach of any obligations, representations, or warranties under the
Agreement, (b) the Contractor’s outside business activities, or (c) the infringement or misappropriation by
the Contractor of any foreign or United States patent, copyright, trade secret, or other proprietary right in
results.
                                     8. INSURANCE; RISK OF LOSS
The Contractor shall maintain insurance that is sufficient to protect the Contractor’s business against all
applicable risks, as set forth in Attachment B. The Contractor will cause the indemnified parties, as
described in Section 7, above, to be named as additional insureds on the policy required under the Agreement
and shall cause its insurance to be primary to any insurance carried by the indemnified parties. The
Contractor will provide the City with certificates of insurance and other supporting materials as City
reasonably may request to evidence Contractor’s continuing compliance with this Section 8. The Contractor
will be liable for all loss or damage, other than ordinary wear and tear, to the City’s property in the
Contractor’s possession or control that is cause by the Contractor. In the event of any such loss or damage,
the Contractor will pay the City the full current replacement cost of such equipment or property within thirty
(30) days after its loss or damage.
                                    9. INDEPENDENT CONTRACTOR
A. Nature of Relationship. The Contractor shall be and act as an independent contractor (and not as the
employee, agent, or representative of the City) in the performance of the Services for the City. The
Agreement shall not be interpreted or construed as creating or evidencing an association, joint venture,
partnership or franchise relationship among the parties or as imposing any partnership, franchise, obligation,
or liability on any party. The Contractor will not represent himself/herself as an employee of the City. The
Contractor shall not be entitled to, and shall not attempt to, create or assume any obligation, express or
implied, on behalf of the City. So long as the Contractor is able to adequately perform all of the Contractor’s
obligations under the Agreement in a skilled and workmanlike manner, the Contractor shall not be required
to devote the Contractor’s full time to the performance of the Services called for under the Agreement, and it
is acknowledged that the Contractor has other clients and/or offers services to the general public. Since the
Contractor will not be an employee of the City, the Contractor will not be entitled to any of the benefits that
the City may make available to its employees, such as but not limited to vacation leave, sick leave, or
insurance programs, including group health insurance or retirement benefits; nor shall the Contractor permit
or cause any of the Contractor’s employees, agents or subcontractors to perform any services under the
Agreement in such a way as to cause or enable them to become, or claim to have become, employees,
common law or otherwise, of the City. In addition, the Contractor acknowledges that as an independent
contractor, he/she/it and/or his/her/its agents, servants or employees are not eligible to recover worker’s
compensation benefits from or through the City in the event of injury.
B. Contractor Responsible for Taxes and Records. The Contractor will be solely responsible for and will
file, on a timely basis, all tax returns and payments required to be filed with or made to any federal, state or
local tax authority with respect to the Contractor’s performance of the Services and receipt of fees under the
Agreement. The Contractor will be solely responsible for and must maintain adequate records of expenses
incurred in the course of performing the Services under the Agreement. No part of the Contractor’s
compensation will be subject to withholding by the City for the payment of any social security, federal, state
or any other employee payroll taxes; nor shall the City be obligated to make any such withholdings and/or
payments on behalf of any employee, subcontractor, supplier, or other person working for or engaged by the
Contractor to perform the Contractor’s obligations under the Agreement. The City will regularly report
amounts paid to the Contractor by filing Form 1099-MISC with the Internal Revenue Service as required by
law.
                            10. SUBLETTING OR ASSIGNING CONTRACT
Neither the City nor the Contractor shall assign, transfer, or encumber any rights, duties or interests accruing
from this Agreement without the express prior written consent of the other.
                                          11. FUTURE SUPPORT


                                                                                                Page 29   rev 04/04
The City makes no commitment and assumes no obligations for the support of the Contractor’s activities
except as set forth in this Agreement.
                                       12. GENERAL PROVISIONS
A. Governing Law; Forum. The Agreement will be governed by the laws of Washington and its choice of
law rules. The Contractor irrevocably consents to the exclusive personal jurisdiction and venue of the federal
and state courts located in King County, Washington, with respect to any dispute arising out of or in
connection with the Agreement, and agrees not to commence or prosecute any action or proceeding arising
out of or in connection with the Agreement other than in the aforementioned courts.
B. Severability. If any provision of the Agreement is held to be invalid or unenforceable for any reason, the
remaining provisions will continue in full force without being impaired or invalidated in any way. The City
and the Contractor agree to replace any invalid provision with a valid provision that most closely
approximates the intent and economic effect of the invalid provision.
C. Nonwaiver. Any failure by the City to enforce strict performance of any provision of the Agreement will
not constitute a waiver of the City’s right to subsequently enforce such provision or any other provision of
the Agreement.
D. No Assignment. Neither the Agreement nor any of the rights or obligations of the Contractor arising
under the Agreement may be assigned without the City’s prior written consent. Subject to the foregoing, the
Agreement will be binding upon, enforceable by, and inure to the benefit of, the parties and their successors
and assigns.
E. City Marks. The Contractor will not use any trade name, trademark, service mark, or logo of the City (or
any name, mark, or logo confusingly similar thereto) in any advertising, promotions, or otherwise, without
the City’s express prior written consent.
F. Notices. All notices and other communications under the Agreement must be in writing, and must be
given by registered or certified mail, postage prepaid, or delivered by hand to the party to whom the
communication is to be given, at its address set forth below.
G. Legal Fees. In any lawsuit between the parties with respect to the matters covered by the Agreement, the
prevailing party will be entitled to receive its reasonable attorney’s fees and costs incurred in the lawsuit, in
addition to any other relief it may be awarded.
H. Counterparts. The Agreement may be signed in counterparts, each of which shall be deemed an original,
and all of which, taken together, shall be deemed one and the same document.
                           13. EXTENT OF AGREEMENT/MODIFICATION
This Agreement, together with attachments or addenda, represents the entire and integrated Agreement
between the parties hereto and supersedes all prior negotiations, representations, or agreements, either
written or oral. This Agreement may be amended, modified or added to only by written instrument properly
signed by both parties hereto.

IN WITNESS WHEREOF, the parties have executed this Agreement as of __________________, 20___.
CONTRACTOR                                                  CITY OF BELLEVUE:

By:                                                         By:

Printed Name:                                               Printed Name:

Title:                                                      Title:

Address:                                                    Approved as to form:

City/State/ZIP:                                             By:
                                                                  City Attorney
Federal Tax ID #: _____________________


                                                                                                Page 30   rev 04/04
         CITY OF BELLEVUE
                                                              ATTACHMENT A
         City Attorneys Office                           SERVICES & COMPENSATION
         425 452-6829


1. The Services

   1.1 General Description




   1.2 Schedule

   Contractor will begin providing services on _______________ and will complete services on

   1.3 Deliverable Items




   1.4 Designated Personnel

   Contractor’s main point of contact at the City will be _____________________ or such other personnel
   as City may designate from time to time.

2. Compensation

   2.1 Amount and Basis

   Contractor will submit an invoice to City for Services performed and reimbursable expenses. The invoice
   will be in a form and content reasonably acceptable to City and will describe (a) the Services performed;
   (b) the number of hours expended performing the Services; and (c) any reimbursable expenses.
   Contractor will furnish such receipts, documents and other supporting materials as City reasonably may
   request to verify the contents of any invoice.




                                                                                           Page 31   rev 04/04
Attachment E - Map

				
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