RFQ - City Attorney

Publication date: September 3, 2025

The City of Bainbridge Island (City) is seeking qualifications from an experienced firm to serve as its City Attorney. The City Attorney holds a critical role in advising the City Manager, City staff, and the City Council, supporting the organization’s goals and policies while offering insights into risks and strategies. The City’s needs are outlined in this Request for Qualifications (“RFQ”).

The City of Bainbridge Island is in Kitsap County, Washington, on ancestral territory of the suq `?abs? “People of Clear Salt Water” (Suquamish People). Bainbridge Island has an area of 28 square miles, with 52 miles of shoreline, dense forests, mostly suburban development patterns, and an estimated population of 25,000.  The entire Island is incorporated as one city.  The City of Bainbridge Island operates under a Council/Manager form of government, with a City Manager appointed by and serving seven elected City Council members. The City Attorney works under the City Manager to support and implement the City Council’s directives and vision. A City staff of 141 full-time equivalents (FTE) are responsible for public safety, public works, land use, and municipal court services.

The City Attorney reports to the City Manager and provides comprehensive municipal legal services to the City. The City Attorney is a member of the City’s leadership team, supporting the decision-making of both the City Council and City administration. The City Attorney applies well-informed and logical reasoning abilities to legal matters, attends City Council meetings, and oversees all legal activities of the organization, including managing outside legal counsel assignments. Additional responsibilities include drafting and interpreting ordinances, resolutions, policies, and contracts.

General Description

Services to be provided include, but are not limited to:

• Attending all City Council meetings and such other board and commission meetings as may be requested by the City.
• Providing day-to-day legal advice to the City Council, City Manager, and staff.
• Providing one day of onsite office hours per week for scheduled meetings with the City Manager and staff.
• Attending onsite and offsite meetings as requested and with reasonable notice.
• Reviewing agenda packet materials for City Council meetings.
• Preparing and presenting legal opinions as requested.
• Preparing and reviewing agreements, ordinances, and resolutions as requested.
• Assisting with Open Public Meetings Act and Public Records Act compliance.
• Assisting with public works contracting.
• Assisting with the implementation of new policies, programs, and projects.
• Representing the City in administrative appeals before the City Hearing Examiner as requested.
• Representing the City in litigation on matters or claims in which counsel appointed by Washington Cities Insurance Authority (WCIA) is not representing the City.
• Coordinating with outside counsel on matters in which the City Attorney does not represent the City.
• Performing other legal services as requested.

Firms responding to this RFQ will include their proposed compensation plan with their submittal.

Firms responding to this RFQ will provide a concise description of provider capabilities to satisfy the requirements of the request. Each submittal must include the following components:

• The names and Washington State Bar Numbers of individuals who will provide city attorney services, and their areas of responsibility;
• Specific experience of individuals relative to the qualifications;
• Disclosure of any litigation or judgments rendered against the attorney or firm in any matter relating to professional activities of the attorney or firm, including any pending or founded complaints to the Washington State Bar Association;
• The individual serving as lead counsel must have:
  1. Juris Doctorate Degree
  2. 5 years of municipal law experience
  3. License to practice law in the State of Washington
  4. Member of the Washington State Bar Association
• At least two and no more than three municipal references;
• Compensation plan
• List of any other locations where the attorney serves as a city attorney and if they currently maintain a private practice.

Submit your qualifications by 8:00 AM PST on Wednesday, September 24.  Submittals are limited to 15 pages, not counting the cover pages. Responses should be sent via email under the subject “City Attorney Services” to

Email is the preferred method, but responses may also be mailed or dropped off at City Hall (Monday – Friday, from 8:00 AM to 4:00 PM). Print copies should be double-sided, with no cover or binding.

City Hall

280 Madison Ave N

Bainbridge Island, WA 98110

Attention: Adam Nebenzahl, “City Attorney Services”

• September 24, 2025                                   Deadline to submit
• Week of October 6, 2025                           Potential interviews
• October 20-November 5, 2025                 Selection and contract preparation

• Week of November 10, 2025                    Contract signed
• January 1, 2026                                            Services underway

Evaluation will be based on a combination of quantitative and qualitative criteria. The criteria used as a guideline in the evaluation will include, but not be limited to, the following:

• Relevance and strength of qualifications;
• Ability and experience performing services of this type;
• Proof of ability to meet required insurance and contractor standards as enclosed; and
• Attention to detail.

Questions regarding this RFQ or the submittal process should be directed to Adam Nebenzahl, Management Analyst, 206.780.8597, For security reasons, you must enable JavaScript to view this E-mail address. .?

Selected applicants will be required to execute a City of Bainbridge Island Professional Services Agreement, obtain a City of Bainbridge Island Business License, and demonstrate compliance with the City’s insurance requirements (briefly explained below). ? ?

The City reserves the right not to select any of the applicants, and the right to select an individual or firm not from this application process.  The City further reserves the right to waive irregularities and informalities in this process. This RFQ does not obligate the City to pay any cost incurred by applicants in responding to this RFQ. All such costs shall be borne solely by each applicant. Furthermore, this RFQ does not obligate the City to enter into a contract with any applicant responding to this RFQ.

The City of Bainbridge Island, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

The City of Bainbridge Island in accordance with Section 504 of the Rehabilitation Act (Section 504) and the Americans with Disabilities Act (ADA) commits to nondiscrimination on the basis of disability in all its programs and activities. ?

We pledge to make our bid process accessible and user-friendly for everyone. If you are having difficulty viewing or navigating the content of this document, or note any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please contact us at For security reasons, you must enable JavaScript to view this E-mail address. or 206.842.2545 for assistance.

Please note the nature of your accessibility concern, the preferred format in which to receive the online material (hard copies are available), the Web page address of the requested material, and the best way to contact you.

The City of Bainbridge Island hereby notifies all bidders that all bidders and contractors will be selected, compensated and, if necessary,  terminated without regard to sex/gender, race, national origin, religion, creed, color, marital status, veteran status, age, national origin, pregnancy, sexual orientation, gender identity, disability, genetic information or any other basis prohibited by law.

In alignment with the City of Bainbridge Island’s equity and inclusion goals, we encourage organizations led by those who identify as women or members of traditionally marginalized communities, or who are or could be certified as Minority Business Enterprise/Women Business Enterprise (MBE/WBE), Disadvantaged Business Enterprise (DBE), or equivalent to respond.

DRAFT AGREEMENT FOR PROFESSIONAL SERVICES

THIS AGREEMENT FOR PROFESSIONAL SERVICES (“Agreement”) is entered into between the City of Bainbridge Island, a Washington State municipal corporation (“City”), and                                         , a Washington State professional limited liability corporation (“Consultant”).

WHEREAS, the City needs qualified attorneys to provide city attorney services; and

WHEREAS, the Consultant has the expertise and experience to provide said services and is willing to do so in accordance with the terms and conditions of this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants, conditions, promises, and agreements set forth herein, it is agreed by and between the City and the Consultant as follows:

1.         SERVICES BY CONSULTANT

The City hereby retains the Consultant to provide the full scope of civil city attorney legal services as described in this Agreement. The services to be provided include, but are not limited to:

• Attending all City Council meetings and such other board and commission meetings as may be requested by the City.
• Providing day-to-day legal advice to the City Council, City Manager, and staff.
• Providing one day of onsite office hours per week for scheduled meetings with City Manager and staff.
• Reviewing agenda packet materials for City Council meetings.
• Attending onsite and offsite meetings as requested and with reasonable notice.
• Preparing and presenting legal opinions as requested.
• Preparing and reviewing agreements, ordinances, and resolutions as requested.
• Assisting with Open Public Meetings Act and Public Records Act compliance.
• Assisting with public works contracting.
• Assisting with the implementation of new policies, programs, and projects.
• Representing the City in administrative appeals before the City Hearing Examiner as requested.
• Representing the City in litigation on matters or claims in which counsel appointed by Washington Cities Insurance Authority (WCIA) is not representing the City.
• Coordinating with outside counsel on matters in which the City Attorney does not represent the City.
• Performing other legal services as requested.

The Consultant will not be providing criminal legal services.

shall provide the professional services as defined in this Agreement and as necessary to accomplish the scope of services attached hereto as Attachment B and incorporated herein by this reference as if set forth in full. The Consultant shall furnish all services, labor, and related equipment to conduct and complete the work, except as specifically noted otherwise in this Agreement.

2.         ATTORNEY TEAM

The Consultant will designate _____ as lead counsel for the City and be designated as the City Attorney. Except during scheduled vacations, sick days, and days where a conflict such as a court date prevents their attendance, the lead counsel will attend all regular City Council meetings and at least one day onsite office hours per week for the in 2026 and 2027. The lead counsel may also attend other meetings onsite or offsite as available. A second attorney will provide primary legal assistance on matters assigned to the lead counsel and will be the designated Deputy City Attorney. The Deputy City Attorney will attend all City Council study sessions, all meetings of the City’s Ethics Board, and such other meetings as requested by the City. The Consultant may assign other qualified attorney to provide legal services to the City from time-to-time, as appropriate to their skills.

3.         TERM OF AGREEMENT – TERMINATION AND EXTENSION

A.        This Agreement shall become effective upon execution by both parties and shall continue in full force and effect until December 31, 2027, unless sooner terminated for cause by either party as provided below.

B.         The City may terminate this Agreement at any time upon providing written notice to the Consultant at the address set forth in Section 19. Upon receipt of such notice, the Consultant shall cease performing services for the City except as expressly authorized by the City Manager to wrap up existing matters and except as may be necessary to meet the Consultant’s obligations under the Rules of Professional Responsibility for Washington attorneys.

C.         In thew event this Agreement is terminated by the City other than for fault on the part of the Consultant, a final payment shall be made to the Consultant for all services satisfactorily performed. In the event this Agreement is terminated for fault on the part of the Consultant, the amount to be paid shall be determined by the City with consideration given to the actual cost incurred by the Consultant in performing the work to the date of termination, the amount of work originally required which would satisfactorily complete it to the date of termination, whether that work is in a form or type which is usable by the City at the time of termination, the cost to the City of employing another firm to complete the work required, and the time which may be required to do so.

D.         The consultant may terminate this Agreement at any time upon giving the City thirty (30) days’ advance written notice. Any such termination and any withdrawal of the Consultant from pending matters shall be accomplished consistent with the Rules of Professional Responsibility for Washington attorneys.

E.         This Agreement may be extended for an additional two years by mutual agreement of the parties on such terms and conditions as the parties may agree to.

4.         COMPENSATION

A. Fee amount to be determined by the compensation plan of the selected bid.

B.         The Consultant’s invoices will show the services provided described in a manner sensitive to protecting the attorney-client privilege, the date, the person providing the service, and the time expended in tenth of an hour increments. The Consultant will work with the City to develop and implement a billing and invoicing process that meets the City’s needs. At the City’s option, individual billing numbers can be established for each department, and separate billing numbers will be established for litigation, franchise negotiation, and other specialized matters as those matters arise.

C.         The City shall pay all invoices by mailing a City check within thirty (30) days of receipt of a proper invoice from the Consultant.

D.        If the services rendered do not meet the requirements of this Agreement, the Consultant shall correct or modify the work to comply with this Agreement. The City may withhold payment for such work until it meets the requirements of this Agreement.

5.         CONFIDENTIALITY AND ELECTRONIC COMMUNICATION

The Consultant owes a duty of confidentiality to all of its clients. Accordingly, the City acknowledges that the Consultant will not be required to disclose to the City, or to use on the City’s behalf, any information in the Consultant’s possession with respect to which the Consultant owes a duty of confidentiality to another client or former client. In addition, unless the City advises the Consultant to use some other form of communication, the Consultant will use various communication devices in the normal course (which may include wired or wireless email, cellular telephones, voice over Internet and electronic data/document web sites) to communicate with and send or make available documents to the City and others. Absent special arrangements or circumstances, the Consultant does not employ encryption technologies in its electronic communications. Although there are some security risks with current technology, the Consultant believes the benefits of using this technology outweigh the risk of accidental disclosure. By engaging the Consultant, the City consents to the use of these communication methods without encryption

6.         INSPECTION AND AUDIT

The Consultant shall maintain all books, records, documents, and other evidence pertaining to the services, costs and expenses allowable under this Agreement in accordance with generally accepted accounting practices. All such books and records required to be maintained by this Agreement shall be subject to inspection and audit by representatives of the City and/or the Washington State Auditor at all reasonable times, and the Consultant shall afford the proper facilities for such inspection and audit. Representatives of the City and/or the Washington State Auditor may copy such books, accounts, and records if necessary to conduct or document an audit. The Consultant shall preserve and make available all such books of account and records for a period of three (3) years after final payment under this Agreement. In the event that any audit or inspection identifies any discrepancy in such financial records, the Consultant shall provide the City with appropriate clarification and/or financial adjustments within thirty (30) calendar days of notification of the discrepancy.

7.         INDEPENDENT CONTRACTOR

A.        The Consultant and the City understand and expressly agree that the Consultant is an independent contractor in the performance of each and every part of this Agreement. The Consultant expressly represents, warrants, and agrees that the Consultant’s status as an independent contractor in the performance of the work and services required under this Agreement is consistent with and meets the six-part independent contractor test set forth in RCW 51.08.195. The Consultant, as an independent contractor, assumes the entire responsibility for carrying out and accomplishing the services required under this Agreement. The Consultant shall make no claim of City employment nor shall the Consultant claim any related employment benefits, social security, and/or retirement benefits.

B.         The Consultant shall be solely responsible for paying all taxes, deductions, and assessments, including but not limited to federal income tax, FICA, social security tax, assessments for unemployment and industrial injury, and other deductions from income which may be required by law or assessed against either party as a result of this Agreement. In the event the City is assessed a tax or assessment as a result of this Agreement, the Consultant shall pay the same before it becomes due.

C.         This Agreement is non-exclusive. The City may, during the term of this Agreement, engage other independent contractors to form the same of similar work that the Consultant performs hereunder.

D.        The Consultant shall obtain a business license and, if applicable, pay business and occupation taxes pursuant to Title 5 of the Bainbridge Island Municipal Code.

8.         NONDISCRIMINATION AND COMPLIANCE WITH LAWS

A.        The Consultant 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, sexual orientation, age, disability, gender identity, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification.

B.         The Consultant shall comply with all federal, state, and local laws, and ordinances applicable to the work to be done under this Agreement.

C.         Violation of this Section 6 shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension by the City, in whole or in part, and may result in ineligibility for further work for the City.

9.         OWNERSHIP OF WORK PRODUCT

All files, data, materials, reports, memoranda, and other work product developed under this Agreement, whether finished or not, shall become the property of the City and shall be forwarded to the City upon request in hard copy and digital format that is compatible with the City’s computer software. If hard copies are requested, the City will pay the Consultant’s current per page copy charge. The City shall have the right to use and re-use such work product in any manner deemed appropriate by the City, provided, that use on matters other than that for which the work product is prepared shall be at the City’s risk unless the use is consented to by the Consultant. The Consultant shall have the right to retain hard copies and digital format copies of any such files, documents, data, materials, reports, memoranda and other documents and shall retain the right to use and reuse the same for the Consultant’s purposes and in providing services to other clients, provided, that confidentiality of the City’s work product is maintained.

10.       GENERAL ADMINISTRATION AND MANAGEMENT

The City Manager of the City, or designee, shall be the City’s representative, and shall oversee and approve all services to be performed, coordinate all communications, and review and approve all invoices, under this Agreement.

11.       HOLD HARMLESS AND INDEMNIFICATION

A.        The Consultant shall defend, indemnify, and hold the City, its officers, officials, employees, and volunteers harmless from any and all claims, injuries, damages, losses, or suits including attorney fees, arising out of, or resulting from the negligent or alleged negligent acts, errors, or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City.

B.         However, should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant’s liability, including the duty and cost to defend hereunder, shall be only to the extent of the Consultant’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant’s waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement.

C.         The City’s inspection or acceptance of any of the Consultant’s work when completed shall not be grounds to void, nullify, and/or invalidate any of these covenants of indemnification.

D.        Nothing contained in this Agreement shall be construed to create a liability or a right of indemnification in any third party.

12.       STANDARD OF CARE

The Consultant represents that it has the requisite training, skill, and experience necessary to provide the services under this Agreement and is appropriately accredited and licensed by all applicable agencies and governmental entities. Services provided by the Consultant under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the legal profession currently practicing in similar circumstance

13.       INSURANCE

The Consultant shall maintain the insurance described in Attachment A.

14.       SUBLETTING OR ASSIGNING CONTRACT

This Agreement, or any interest herein or claim hereunder, shall not be assigned, or transferred in whole or in part by the Consultant to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of the Consultant as stated herein.

15.       EXTENT OF AGREEMENT/MODIFICATION

This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the parties 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.

16. SEVERABILITY

A.        If a court of competent jurisdiction holds any part, term, or provision of this Agreement to be illegal or invalid, in whole or in part, the validity of the remaining provisions shall not be affected, and the parties’ rights and obligations shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid.

B.         If any provision of this Agreement is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict and shall be deemed modified to conform to such statutory provision.

17. Fair Meaning

The terms of this Agreement shall be given their fair meaning and shall not be construed in favor of or against either party hereto because of authorship. This Agreement shall be deemed to have been drafted by both of the parties.

18. NonWaiver

A waiver by either party hereto of a breach by the other party hereto of any covenant or condition of this Agreement shall not impair the right of the party not in default to avail itself of any subsequent breach thereof. Leniency, delay, or failure of either party to insist upon strict performance of any agreement, covenant, or condition of this Agreement, or to exercise any right herein given in any one or more instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition, or right.

19. Notices

Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand-delivered to the parties at their addresses as follows:

To the City:                     City of Bainbridge Island

280 Madison Avenue North

Bainbridge Island, WA 98110

Attention: City Manager

To the Consultant:

or to such addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid, or hand delivered. Such notices shall be deemed effective when mailed or hand-delivered at the addresses specified above.

20. Survival

Any provision of this Agreement which imposes an obligation after termination or expiration of this Agreement shall survive the term or expiration of this Agreement and shall be binding on the parties to this Agreement.

21. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Washington.

22.       VENUE

The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Kitsap County, Washington.

23. Counterparts

This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the later of the signature dates included below.

XXX  CITY OF BAINBRIDGE ISLAND

Date:  Date:

By:  By:

Name  Blair King, City Manager

Title

Tax I.D. #

City Bus. Lic. #

ATTACHMENT A

INSURANCE REQUIREMENTS

A.        Insurance Term

The Consultant shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.

B.         No Limitation

The Consultant’s maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or in equity.

C.        Minimum Scope of Insurance

The Consultant shall obtain insurance of the types and coverage described below:

1. Automobile Liability insurance covering all owned, non-owned, hired, and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage.

1. Commercial General Liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop-gap liability, independent contractors, and personal injury and advertising injury. The City shall be named as an additional insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26.

1. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington.

1. Professional Liability insurance appropriate to the Consultant’s profession.

D.        Minimum Amounts of Insurance

The Consultant shall maintain the following insurance limits:

1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident.

1. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $2,000,000 general aggregate.

1. Professional Liability insurance shall be written with limits no less than $2,000,000 per claim and $2,000,000 policy aggregate limit, as applicable.

E.         Other Insurance Provision

The Consultant’s Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain, that they shall be primary insurance as respect to the City. Any insurance, self-insurance, or self-insured pool coverage maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it.

F.         Acceptability of Insurers

Insurance is to be placed with insurers with a current A.M. Best rating of not less than A minus (A-).

G.        Verification of Coverage

Before commencing work and services, the Consultant shall provide to the person identified in Section 8 of the Agreement a Certificate of Insurance evidencing the required insurance. The Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. The City reserves the right to request and receive a certified copy of all required insurance policies.

H.        Notice of Cancellation

The Consultant shall provide the City with written notice of any policy cancellation within two business days of their receipt of such notice.

I.          Failure to Maintain Insurance

Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five (5) business days’ notice to the Consultant to correct the breach, immediately terminate this Agreement or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City.

J.         City Full Availability of Consultant Limits

If the Consultant maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Consultant, irrespective of whether such limits maintained by the Consultant are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by the Consultant.

ATTACHMENT “B”

INSURANCE CERTIFICATE

ATTACHMENT C

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION AND OTHER RESPONSIBILITY MATTERS

In accordance with federal Executive Order 12549, the Consultant certifies to the best of its knowledge and belief, that it and/or its principals or officers:

a.          Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency;

b.         Have not within a three-year period preceding the execution of this Agreement been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction, or in connection with a violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property;

c.         Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (b) of this certification;

d.         Have not within a three-year period preceding the execution of this Agreement had one or more public transactions (federal, state, or local) terminated for cause of default; and

e.         Acknowledge that all subconsultants selected for this service must be in compliance with paragraphs (a – d) of this certification.

______________________________________                          _________________________

Name and Title of Authorized Consultant                                      Date

_______________________________________

Signature of Authorized Consultant

______ I am unable to certify to the above statements. My explanation is attached.