Equitable Development Initiative (EDI) Program and Projects Status Report; RFQ# OPCD-0924-EDI

REQUEST FOR QUALIFICATIONS (RFQ)

Consultant Contract

Project Title: Equitable Development Initiative (EDI) Program and Projects Status Report

Contract Number: OPCD-0924-EDI

Procurement Schedule

Table 1: Procurement Schedule

Schedule of Events	Date/Time
Solicitation Release	7/5/2024
Optional Pre-submittal Q&A Session https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting Meeting ID: 261 205 249 664 Passcode: CsFW9S	7/9/2024 at 9:00 a.m.
Deadline for Questions	7/11/2024
Response Deadline	7/15/2024
Announcement of Successful Proposer(s)	7/16/2024
Anticipated Negotiation Schedule	7/16 - 7/17/2024
Contract Execution	7/16 - 7/17/2024

The City reserves the right to modify this.

Changes will be posted on the City website or as otherwise stated.

Procurement Contact Information

Procurement Contact: Jenna Franklin, Equitable Development Division Director, Jenna.Franklin@seattle.gov

Table 2: Delivery Address

• RFQ responses will be accepted via electronic submittal only

• Submit responses to pcd_edi_rfp@seattle.gov and copy Jenna.franklin@seattle.gov

• Enter the following in the subject line of your submittal email: OPCD-0924-EDI RFQ Submittal

o Unless authorized by the Procurement Contact, no other City official or employee may speak for the City regarding this solicitation until award is complete.

o Any Proposer contacting other City officials or employees does so at Proposer’s own risk.

o The City is not bound by such information.

Table of Contents

1. Purpose and Background.

The City of Seattle's Office of Planning and Community Development (OPCD) Equitable Development Initiative (EDI) is seeking qualified consultants to lead and support the development of program and project evaluation, analysis, and reporting efforts.

Project Overview

The City Council (Via Amendment B to Council Bill CB 120774), has requested the Office of Planning and Community Development (OPCD) to submit a comprehensive status report on the Equitable Development Initiative (EDI) grant program and EDI grantee projects by September 24, 2024. This date aligns with the decision-making process and Council consideration of the 2025-2026 City budget, aiming to ensure elected officials have sufficient information regarding the EDI grant program as they contemplate future program investments. The report should include updates on projects funded by the EDI program, insights from ongoing program evaluations, potential future funding needs, and identification of obstacles to project completion. This scope of work outlines the requirements for consultants tasked with leading the strategy, planning, analysis, and development of this report.

• SEATTLE CITY COUNCIL - Record No: CB 120774 (legistar.com)

• Review Amendment B: https://seattle.legistar.com/View.ashx?M=F&ID=12996046&GUID=F7746479-7AF5-4169-A360-92C2B8A2FDF2

• View Council Bill CB 120774: https://seattle.legistar.com/LegislationDetail.aspx?ID=6643818&GUID=2E528928-3590-4468-B243-FD9DF1394DF0

The EDI program and project report due on September 24, 2024, to the Council President, must include, at a minimum:

A. A status update on each project funded by the EDI program, including the current project stage and the completion timeline. If there is no completion timeline, the report should describe activities completed to date and next steps in the project development process;

B. Results of program evaluation in progress when this ordinance becomes effective.  These evaluation results should demonstrate the effectiveness of the program, identify ways to improve or modify the program and program planning, identify streamlining and efficiency opportunities to successfully complete existing projects, and determine the optimal allocation of resources for future grant awards;

C. Potential future funding requests within the existing portfolio of EDI projects; and

D. Identification of obstacles to completion of these projects unrelated to the funding.

More About the Equitable Development Initiative

Seattle has experienced rapid growth, but the benefits and burdens of growth have not been shared among our communities. Seattle's history of economic booms and busts has seen certain populations and neighborhoods thrive at the expense of others. Magnified by structural and institutional racism such as restrictive racial covenants and redlining, discriminatory practices and racial disparities persist in income, unemployment rates, homeownership, and life outcomes – including life expectancy.

The City’s planning framework, including the Comprehensive Plan, emphasizes community stability in the face of displacement pressures, creating economic mobility for those who have not been able to fully participate in Seattle’s prosperity; providing more affordable housing choices throughout all our neighborhoods; allowing marginalized populations to be active decision makers in how their communities grow; and guiding public investments, programs and policies to meet the needs of marginalized populations and reduce disparities. This approach to planning requires the City to prioritize public investments, policies, and programs with a race and social equity lens, making decisions based on where disparities exist and acting before displacement pressures are too great.

Established though community advocacy in 2016, EDI fosters community leadership and supports organizations to promote equitable access to housing, jobs, education, parks, cultural expression, healthy food and other community needs and amenities. Read more on the background of EDI here: https://www.seattle.gov/opcd/ongoing-initiatives/equitable-development-initiative#background

• EDI is primarily funded through the JumpStart Payroll Expense Tax and the Short-Term Rental Tax.

• Seattle’s Equitable Development Implementation Plan guides how the city prioritizes its work; shapes its budgets, policies, programs, and investments; and structures the implementation of targeted strategies and equitable development projects by using clear objectives for reducing disparities and achieving equitable outcomes for marginalized populations. This involves integrating people and place to create strong communities and people as well as great places with equitable access. It also involves the following six equity drivers:

o Advance economic mobility and opportunity

o Prevent residential, commercial, and cultural displacement

o Build on local cultural assets

o Promote transportation mobility and connectivity

o Develop healthy and safe neighborhoods

o Enable equitable access to all neighborhoods

o Council approved an interfund transfer loan of $16 million to be used on EDI projects in advance of the completion of the Civic Square transaction.

• The purpose of the Equitable Development Implementation Plan is as follows:

o Create an equitable city and eliminate institutionalized racism.

o Articulate the race and social equity position in the Comprehensive Plan and inform Seattle’s Growth Strategy.

o Create an Equitable Development Framework to guide City decisions to address inequities and translate Comprehensive Plan policies into action.

o Define systemic change that coordinates policy, planning, programs, budgeting and public investments within an equitable development framework, focusing on transformational action to change the City’s systems to benefit marginalized communities.

o Implement Equitable Development Projects in specific areas where the City has recently conducted community development work with the neighborhood to identify displacement risk or lack of opportunity; develop an investment strategy for moving these projects forward.

o Propose an implementation structure that fully incorporates race and social equity in four components: leadership, staff capacity, internal accountability, and external accountability.

o Support the leadership of marginalized communities so that their race and social equity expertise can inform, implement, and steward equitable development in Seattle neighborhoods.

• Equitable development is a strategy for inclusive growth that considers history and current conditions, the persisting needs of marginalized populations and then activates public and private partnerships that invest in empowering people to creating thriving neighborhoods with less disparity.

• Equitable development leads to more opportunity, social capital, economic mobility, and improved quality of life outcomes for the people currently living and working here, as well as for new people moving in. Benefits generated include more access to quality childcare and education, living wage employment and training, a healthy environment, affordable housing, community economic development, healthy food systems, health and human services, transportation, inclusion that benefits community safety and public health, entrepreneurship opportunities that diversity local economies, and affordable culturally attuned activities and programs.

More context can be found by reviewing the following EDI related guidance:

• https://www.seattle.gov/opcd/ongoing-initiatives/equitable-development-initiative

• Equitable Development Financial Investment Strategy

• Equitable Development Implementation Plan

• https://www.seattle.gov/opcd/ongoing-initiatives/equitable-development-initiative#projectdocuments

• AN ORDINANCE relating to the financing of Equitable Development Implementation Plan projects; amending Ordinance 125462 to extend the term of an interfund loan: https://seattle.legistar.com/LegislationDetail.aspx?ID=4198663&GUID=21171CDD-36F4-4701-A9C5-8A2AB547BEBE&Options=Advanced&Search=

• AN ORDINANCE relating to community involvement in the oversight of the Equitable Development Initiative; establishing a permanent Equitable Development Initiative Advisory Board; and adding new Sections 3.14.994, 3.14.995, 3.14.996, 3.14.997, and 3.14.998 to the Seattle Municipal Code: https://seattle.legistar.com/LegislationDetail.aspx?ID=4640821&GUID=33DBB192-A562-4D1E-8F90-5BC62B9391DD&Options=Advanced&Search=

2. Performance Schedule.

• The period of performance will commence on date of contract execution

• To be considered, Consultants must demonstrate they have experience and capacity necessary to develop a responsive report by September 24, 2024, in collaboration with OPCD and EDI.

Anticipated Milestones and Timeline for Delivering the EDI Council Reporting Project

• Project Kickoff: Within one week of contract execution.

• Data Collection and Analysis: To be determined with the selected team.

• Program Evaluation and Reporting: To be determined.

• Draft Report Submission: To be determined.

• Feedback and Revisions: To be determined.

• Final Report Submission: September 24, 2024

• The contract will last for approximately one (1) year to preserve the opportunity to build upon the report development phase of work, applying learnings to subsequent phases of program monitoring, evaluation, and reporting efforts.

• OPCD preserves the option to amend or extend the contract performance period as deemed necessary.

3. Solicitation Objectives.

• OPCD / EDI seeks a skilled Consultant available for immediate work that will lead processes necessary to respond to urgent City needs.

• The Consultant selected will be to provide services to OPCD that enable EDI to meet all requirements identified by the City Council for this report by leading in the overall development of the report.

• In addition, EDI understands that the report may be a starting point for a broader body of work and seeks to ensure work performed under this contract can serve as a foundation for future phases of program and project evaluation, monitoring, and reporting.

• See Scope of Work in Section 5 of this document for more details and clarifications.

OPCD / EDI Seeks Consultant with the Following Skills and Qualifications:

• Project Management Experience

• Working to Advance Equity and Create Thriving Communities

• Community Research and Insights Development

• Engaging with Community or Stakeholders

• Qualitative and Quantitative Data Collection and Analysis

• Evaluation of Programs, Project, Services, Practices, or Performance

• Comprehensive Reporting (that tells a story in a compelling way)

• Knowledge of Community Planning and Development Practices or Initiatives

• Experience working with public and non-profit agencies on similar reporting efforts

OPCD / EDI Resources, Data, and Other Considerations

• OPCD and EDI are currently operating at reduced staffing and navigating a City mandated hiring freeze. Internal staffing and capacity is limited, so a project approach that leverages resources and identifies potential teaming partners that would be key to success is necessary.

• EDI project managers hold relationships with grantee organizations, but additional engagement support will be critical to gathering qualitative or quantitative information from grantee organizations.

• EDI will be selecting a consultant team in the coming weeks to provide EDI Community Advisory Board Administration and Facilitation Support, and the scope can be further expanded to incorporate more grantee outreach, surveying, engagement, and communications assistance if beneficial.

• OPCD has two staff members, who have some capacity to support this effort, whose work is focused mainly on analyzing and monitoring broad population- and place-level trends and community indicators to help inform City plans, programs, and investments. Their work is primarily aimed at providing insights to support colleagues, community members, and decision-makers in understanding changing demographics, housing, and socioeconomic conditions. This includes analysis to track and evaluate gaps that need to be addressed to better advance Comp Plan goals, support EDI’s Equity Drivers, and improve the effectiveness of the City’s work. Aos, the work they do to monitor community indicators of equitable development , neighborhood change , and displacement risk in the Equitable Development Monitoring Program (EDMP) is a major part of our work. While Diana and Phillip commonly collaborate with staff doing program development and evaluation, they are not experts in program evaluation.

o Specific ways OPCD’s two staff members believe they can be helpful on this report include:

• Providing high-level review of parts of the study’s scope that include data collection and analysis or have a connection with the big picture population- and place-level analysis that they conduct for the EDMP and other work.

• Working with EDI staff or the consultant(s) to diagram the relationship between EDI-funded project implementation and evaluation, and the community-level indicators in the EDMP.

• Identifying existing data sources, contacts, etc. for the consultants.

• EDI has qualitative and quantitative data in various places, which will need to be aggregated:

o Grantee applications for funding

o Grantee award letters

o Grantee progress or monitoring reports

o Excel files showing funding by year, project, and with notes on geographic zone, council district, and the status of contracts for various awards to each organization.

4. Minimum Qualifications.

No minimum qualifications are required for a consultant to submit a proposal response.

5. Scope of Work.

The scope must lead to the development of a report that meets or exceeds the minimum requirements provided by the City Council (shared below). That said, OPCD and EDI are seeking the consultant team to provide a project approach responsive to the anticipated scope of work (also shared below) but welcome suggestions for ways to gain efficiencies, integrate alternatives methods, or make adjustments that improve the overall project process and deliverables.

• The EDI program and project report due on September 24, 2024, to the Council President, must include, at a minimum:

o A status update on each project funded by the EDI program, including the current project stage and the completion timeline. If there is no completion timeline, the report should describe activities completed to date and next steps in the project development process;

o Results of program evaluation in progress when this ordinance becomes effective.  These evaluation results should demonstrate the effectiveness of the program, identify ways to improve or modify the program and program planning, identify streamlining and efficiency opportunities to successfully complete existing projects, and determine the optimal allocation of resources for future grant awards;

o Potential future funding requests within the existing portfolio of EDI projects; and

o Identification of obstacles to completion of these projects unrelated to the funding.

Clarification on Objectives and Minimum Reporting Requirements

Include Status Update on EDI Projects

1. Provide detailed updates on the current stage of each project funded by the EDI program.

o At minimum, develop a project reporting structure and report content that structures information to clearly communicate in an organized way on the following

1. Completed EDI projects

a. Currently, there are nine (9) projects that are in the service provision/operations and monitoring phase.

2. Incomplete EDI projects

a. Project Timelines: Provide timelines for project completion, specific phases of work, and impediments to completion.

b. Obstacles: Determine both funding and non-funding related obstacles hindering the completion of EDI projects. Clarify where projects are getting stuck, gather input on assistance needed to advance projects, and identify whether the support is something the City or an external partner should provide.

I. Segment incomplete projects by those with secured funding and those with outstanding funding needs, including future funding requests anticipated for/from EDI or other City departments.

3. Totality of all projects to facilitate holistic program assessment, evaluation, education, and impact storytelling.

2. Ensure Project Assessment Status Reporting for All 78 EDI Projects:

o Include a comprehensive assessment of each project and their associated public benefits.

o Incorporate qualitative and quantitative measures across the full lifecycle of the project from application to award, capacity-building, acquisition, development, and operations/service provision.

o Identify what went well and what did not, including successes, challenges, barriers, and process improvement recommendations for smoother and more efficient project development and delivery in the future.

Ensure EDI Program Assessment, Evaluation, and Impact Reporting is Incorporated

3. Performance Metrics: Determine measures and metrics for performance for project typologies within the EDI portfolio.

4. Program Evaluation: Present findings from the program evaluation using a framework and methodologies that are trusted, defensible, and provides a foundation for ongoing education.

5. Impact Messaging: Highlight the unique impacts of the EDI program across key determinants and indicators to facilitate educational storytelling about the investment and resulting projects.

6. Program Improvement: Identify ways to improve or modify the program for better outcomes, streamline processes, and optimize resource allocation facilitates program, staffing, grantee organization, and project stability and success.

7. Displacement Risk Indicators: Analyze and make recommendations for OPCD staff on potential metrics for monitoring commercial and cultural displacement.

o The Heightened Displacement Risk Indicators in the Equitable Development Monitoring Program currently include many indicators related to residential displacement but are lacking indicators of commercial/nonprofit displacement and cultural displacement to the.  If possible, OPCD would be interested in any analysis that could assist us in identifying potential metrics for monitoring commercial and cultural displacement.

8. Future Planning Goals: Recommend goals for future strategic planning, program evaluation and monitoring to drive continuous program improvement, or optimizing resource allocation for future grant-making.

Ensure Anticipated Project Costs and Future Funding Requests are Incorporated

1. Cost Clarification: Clarify anticipated project costs and typical timelines within project typologies or in another compelling way.

2. Future Funding Needs and Requests: Identify potential future funding requests for projects within the existing EDI portfolio.

OPCD’s Initial Assessment of Anticipated Consultant Responsibilities

Project Management

1. Develop a comprehensive project plan outlining key milestones, timelines, and deliverables.

2. Coordinate with OPCD staff and other stakeholders to gather necessary data and insights.

3. Lead in report development.

Data Collection and Analysis

4. Review existing EDI program documentation and project reports.

5. Conduct interviews and surveys with project stakeholders to gather qualitative data.

6. Analyze project timelines, completion stages, and activities undertaken to date.

Program Evaluation

7. Assess the effectiveness of the EDI program using quantitative and qualitative evaluation methods.

8. Compile lessons learned from the program's implementation and identify best practices.

9. Evaluate resource allocation and suggest improvements.

Reporting

10. Draft a comprehensive status report, ensuring clarity, accuracy, and completeness.

11. Include detailed project updates, evaluation results, funding needs, and identified obstacles.

12. Prepare a summary of key findings and recommendations for future program improvements.

Stakeholder and Grantee Engagement

13. Facilitate meetings or information gathering activities to discuss findings and gather feedback.

14. Work with OPCD to ensure all relevant parties are informed and engaged throughout the process.

Final Report Submission

15. Support in the presentation of the report to key audiences, including at least two in-person presentation events.

16. Submit the final report to OPCD and the City Council by the stipulated deadline of September 24, 2024.

17. Present the findings and recommendations to the City Council as required.

Key Elements and Anticipated Deliverables

1. Project Plan and Approach: A refined timeline, strategic approach, and milestones for delivering the project that supports OPCD allocating staff time and completing project assignments to ensure we are a good partner to the consultant team.

2. Progress Reports: Regular updates on the progress of data collection, analysis, and report development.

3. Data and Methodology Schema and Summary of Findings: Collaborate with OPCD staff on approach to collecting and analyzing data in alignment with future use desires and deliver outcomes in a summary – the format will determined based on what is most efficient and effective. This includes qualitative and quantitative information, stakeholder or grantee data, and other data needed to develop the report structure and provide critical context.

4. Draft Report: Preliminary report for review and feedback from OPCD and stakeholders.

5. Final Report: Comprehensive document including all required updates, evaluation results, funding requests, and identified obstacles.

6. Presentation: Summarized presentation of findings and recommendations to the City Council.

7. Potential Add-On: Data dashboard or StoryMap to share the report publicly in a dynamic manner that advances EDI’s impact storytelling efforts.

8. Potential Add-On: OPCD and EDI understand that the report may offer suggested areas of opportunity or next steps for program and project evaluation, monitoring, and reporting efforts and may elect to add additional items to the scope of work or deliverables via additional task orders or contract amendments.

6. Contract Modifications.

The City consultant contract is attached (See Attachments Section).

The City has attached its boilerplate contract terms to allow Proposers to be familiar with boilerplate, and the non-negotiable terms before submitting a proposal. The City may negotiate with the highest ranked apparent successful Proposer. The City cannot modify contract provisions mandated by Federal, State or City law: Equal Benefits, Audit (Review of Vendor Records), WMBE and EEO, Confidentiality, and Debarment or mutual indemnification. Exceptions to those provisions will be summarily disregarded.

7. Procedures and Requirements.

This section details City instructions and requirements for your submittal. The City reserves the right in its sole discretion to reject any Consultant response that fails to comply with the instructions.

7.1 Registration into the Online Business Directory

If you have not previously done so, register at: http://www.seattle.gov/obd The City expects all firms to register. Women- and minority- owned firms are asked to self-identify (see section 7.26). For assistance, email FAS_PC@seattle.gov .

7.2 Pre-Submittal Conference

The City offers an optional pre-submittal conference at the time, date and location on page 1. Proposers are highly encouraged to attend but not required to attend to be eligible to propose. The meeting answers questions about the solicitation and clarifies issues. This also allows Proposers to raise concerns. Failure to raise concerns over any issues at this opportunity will be a consideration in any protest filed regarding such items known as of this pre-proposal conference.

7.3 Questions.

Proposers may email questions to the Procurement Contact until the deadline stated on page 1. Failure to request clarification of any inadequacy, omission, or conflict will not relieve the Consultant of responsibilities under any subsequent contract. It is the responsibility of the interested Consultant to assure they receive responses to questions if any are issued.

7.4 Changes to the RFP/RFQ.

The City may make changes to this RFP/RFQ if, in the sole judgment of the City, the change will not compromise the City’s objectives in this solicitation. Any change to this RFP/RFQ will be made by formal written addendum issued by the City and shall become part of this RFP/RFQ.

7.5 Receiving Addenda and/or Question and Answers.

It is the obligation and responsibility of the Consultant to learn of addenda, responses, or notices issued by the City. Some third-party services independently post City of Seattle solicitations on their websites. The City does not guarantee that such services have accurately provided all the information published by the City.

All submittals sent to the City may be considered compliant with or without specific confirmation from the Consultant that any and all addenda was received and incorporated into your response. However, the Project Manager reserves the right to reject any submittal that does not fully incorporate Addenda that is critical to the project.

7.6 Proposal Submittal.

a. must be received by the City no later than the date and time on page 1 except as revised by Addenda.

b. All pages are to be numbered sequentially, and closely follow the requested formats.

c. The City does not have page limits specified in Section 8: Response Materials and Submittal. Any pages that exceed the page limit will be excised from the document for purposes of evaluation.

d. The submitter has full responsibility to ensure the response arrives at the City within the deadline. A response delivered after the deadline may be rejected unless waived as immaterial by the City given specific fact-based circumstances.

7.7 Electronic Submittal.

The City allows and will accept an electronic submittal in lieu of an official paper submittal.

a. The electronic submittal is e-mailed to the Procurement Contact (see page 2), by the submittal deadline (Procurement Schedule, Table 1, Page 1 or as otherwise amended).

b. Title the e-mail so it will not be lost in an e-mail stream.

c. Any risks associated with an electronic submittal are borne by the Proposer.

d. The City’s e-mail system will typically allow documents up to 20 Megabytes.

e. If the Proposer also submits a hard copy, the hard copy has precedence.

7.7 Hard Copy Submittal.

Submittal for this solicitation will be via electronic submittal only, see page two (2) for procurement contact information and directions for submitting electronically.

7.8 Proposer Responsibility to Provide Full Response.

It is the Proposer’s responsibility to respond in a manner that does not require interpretation or clarification by the City. The Proposer is to provide all requested materials, forms and information. The Proposer is to ensure the materials submitted properly and accurately reflect the Proposer’s offering. During scoring and evaluation (prior to interviews if any), the City will rely upon the submitted materials and shall not accept materials from the Proposer after the RFP/RFQ deadline; this does not limit the City’s right to consider additional information (such as references that are not provided by the Proposer but are known to the City, or past City experience with the consultant), or to seek clarifications as needed.

7.10 Prohibited Contacts.

Proposers shall not interfere in any way to discourage other potential and/or prospective proposers from proposing or considering a proposal process.  Prohibited contacts includes but is not limited to any contact, whether direct or indirect (i.e. in writing, by phone, email or other, and by the Proposer or another person acting on behalf of the Proposer) to a likely firm or individual that may discourage or limit competition.  If such activity is evidenced to the satisfaction and in sole discretion of the City department, the Proposer that initiates such contacts may be rejected from the process.

7.11 License and Business Tax Requirements.

The Consultant must meet all applicable licensing requirements immediately after contract award or the City may reject the Consultant. Companies must license, report and pay revenue taxes for the Washington State business License (UBI#) and Seattle Business License, if required by law. Carefully consider those costs before submitting an offer, as the City will not separately pay or reimburse such costs.

Seattle Business Licensing and associated taxes.

a. If you have a “physical nexus” in the city, you must obtain a Seattle Business license and pay all taxes due before the Contract can be signed.

b. A “physical nexus” means you have physical presence, such as: a building/facility/employee(s) in Seattle, you make sales trips into Seattle, your own company drives into Seattle for product deliveries, and/or you conduct service work in Seattle (repair, installation, service, maintenance work, on-site consulting, etc).

c. We provide a Consultant Questionnaire Form in our submittal package items later in this RFP/RFQ, and it will ask you to specify if you have “physical nexus”.

d. All costs for any licenses, permits and Seattle Business License taxes owed shall be borne by the Consultant and not charged separately to the City.

e. The apparent successful Consultant(s) must immediately obtain the license and ensure all City taxes are current, unless exempted by City Code due to reasons such as no physical nexus. Failure to do so will cause rejection of the submittal.

f. The City of Seattle Application for a Business License and additional licensing information can be found this page here: http://www.seattle.gov/licenses/get-a-business-license

g. You can find Business License Application help here: http:/www.seattle.gov/licenses/get-a-business-license/license-application-help

h. Self-Filing You can pay your license and taxes on-line using a credit card www.seattle.gov/self/

i. For Questions and Assistance, call the Revenue and Consumer Protection (RCP) office which issues business licenses and enforces licensing requirements. The general e-mail is rca@seattle.gov . The main phone is 206-684-8484.

j. The licensing website is http://www.seattle.gov/licenses

k. If a business has extraordinary balances due on their account that would cause undue hardship to the business, the business can contact the License and Tax Administration office at tax@seattle.gov to request additional assistance.

l. Those holding a City of Seattle Business license may be required to report and pay revenue taxes to the City. Such costs should be carefully considered by the Consultant prior to submitting your offer. When allowed by City ordinance, the City will have the right to retain amounts due at the conclusion of a contract by withholding from final invoice payments.

7.12 State Business Licensing. Before the contract is signed, you must have a State of Washington business license (a “Unified Business Identifier” known as a UBI#). If the State of Washington has exempted your business from State licensing (some foreign companies are exempt and sometimes, the State waives licensing because the company has no physical presence in the State), then submit proof of that exemption to the City. All costs for any licenses, permits and associated tax payments due to the State because of licensing shall be borne by the Consultant and not charged separately to the City. Instructions and applications are at http://bls.dor.wa.gov/file.aspx and the State of Washington Department of Revenue is available at 1-800-647-7706.

7.13 Federal Excise Tax. The City is exempt from Federal Excise Tax.

7.14 No Guaranteed Utilization.

The City does not guarantee utilization of any contract(s) awarded through this RFP/RFQ process. The solicitation may provide estimates of utilization; such information is for Consultant convenience and not a usage guarantee. The City reserves the right to issue multiple or partial awards, and/or to order work based on City needs. The City may turn to other appropriate contract sources or supplemental contracts to obtain these same or similar services. The City may re-solicit for new additions to the Consultant pool. Use of such supplemental contracts does not limit the right of the City to terminate existing contracts for convenience or cause.

7.15 Expansion Clause.

The contract limits expansion of scope and new work not expressly provided for within the RFP/RFQ.

Expansion for New Work (work not specified within the original Scope of Work Section of this Agreement, and/or not specified in the original RFP as intended work for the Agreement) must comply with the following:

(a) New Work is not reasonable to solicit separately; (b) is for reasonable purpose; (c) was not reasonably known by the City or Consultant at time of solicitation or was mentioned as a possibility in the solicitation (i.e. future phases of work, or a change in law); (d) is not significant enough to be regarded as an independent body of work; (e) would not attract a different field of competition; and (f) does not change the identity or purpose of the Agreement.

The City may make exceptions for immaterial changes, emergency or sole source conditions, or other situations required in City opinion. Certain changes are not subject to these limitations, such as additional phases of Work anticipated during solicitation, time extensions, and Work Orders issued on an On-Call contract. Expansion must be mutually agreed and issued by the City through written Addenda. New Work performed before an authorizing Amendment may not be eligible for payment.

The City reserves the right to independently solicit and award any New Work to another firm when deemed appropriate or required by City policy.

7.16 Effective Dates of Offer.

Solicitation responses are valid until the City completes award. Should any Proposer object to this condition, the Proposer must object prior to the Q&A deadline on page 1.

7.17 Cost of Preparing Proposals.

The City is not liable for costs incurred by the Proposer to prepare, submit and present proposals, interviews and/or demonstrations.

7.18 Readability.

The City’s ability to evaluate proposals is influenced by the organization, detail, comprehensive material and readable format of the response.

7.19 Changes or Corrections to Proposal Submittal.

Prior to the submittal due date, a Consultant may change its proposal, if initialed and dated by the Consultant. No changes are allowed after the closing date and time.

7.20 Errors in Proposals.

Proposers are responsible for errors and omissions in their proposals. No error or omission shall diminish the Proposer’s obligations to the City.

7.21 Withdrawal of Proposal.

A submittal may be withdrawn by written request of the submitter.

7.22 Rejection of Proposals.

The City may reject any or all proposals with no penalty. The City may waive immaterial defects and minor irregularities in any submitted proposal.

7.23 Incorporation of RFP/RFQ and Proposal in Contract.

This RFP/RFQ and Proposer’s response, including promises, warranties, commitments, and representations made in the successful proposal once accepted by the City, are binding and incorporated by reference in the City’s contract with the Proposer.

7.24 Independent Contractor.

The Consultant works as an independent contractor. The City will provide appropriate contract management, but that does not constitute a supervisory relationship to the Consultant. Consultant workers are prohibited from supervising City employees or from direct supervision by a City employee. Prohibited supervision tasks include conducting a City of Seattle Employee Performance Evaluation, preparing and/or approving a City of Seattle timesheet, administering employee discipline, and similar supervisory actions.

Contract workers shall not be given City office space unless expressly provided for below, and in no case shall such space be provided for over 36 months without specific authorization from the City.

The City will not provide space in City offices for performance of this work. Consultants will perform most work from their own office space or the field.

7.25 Equal Benefits.

Seattle Municipal Code Chapter 20.45 (SMC 20.45) requires consideration of whether Proposers provide health and benefits that are the same or equivalent to the domestic partners of employees as to spouses of employees, and of their dependents and family members. The Consultant Questionnaire requested in the Submittal instructions includes materials to designate your equal benefits status.

7.26 Women and Minority Subcontracting.

The Mayor’s Executive Order and City ordinance require the maximum practicable opportunity for successful participation of minority and women-owned subcontracts. All proposers must agree to SMC Chapter 20.42, and seek meaningful subconsultant opportunities with WMBE firms. The City requires a plan for including minority- and women-owned firms, which becomes a material part of the contract. The Plan must be responsive in the opinion of the City, which means a meaningful and successful search and commitments to include WMBE firms for subcontracting work. The City reserves the right to improve the Plan with the winning Consultant before contract execution. Consultants should use selection methods and strategies sufficiently effective for successful WMBE participation. At City request, Consultants must furnish evidence such as copies of agreements with WMBE subconsultants either before contract execution or during contract performance. The winning Consultant must request written approval for changes to the Inclusion Plan once it is agreed upon. This includes changes to goals, subconsultant awards and efforts.

WMBE firms need not be state certified to meet the City's WMBE definition. The City defines WMBE firms as at least 51% (percent) owned by women and/or minority. To be recognized as a WMBE, register on the City’s Online Business Directory . Federally funded transportation projects require a Disadvantaged Business Enterprises (DBE) program; for that program, firms must be certified by the Washington State Office of Minority and Women Business Enterprises (OMWBE) .

7.27 Insurance Requirements.

Any special insurance requirements are provided as an Attachment. If attached, provide proof of insurance and additional insured endorsement policy language to the City before Contract execution. The apparent successful Proposer must promptly provide proof of insurance to the City upon receipt of the notice of intent to award.

Consultants are encouraged to immediately contact their Broker to begin preparation of the required insurance documents, if the Consultant is selected as a finalist. Proposers may elect to provide the requested insurance documents within their Proposal.

7.28 Proprietary Materials.

The State of Washington’s Public Records Act (Release/Disclosure of Public Records): Under Washington State Law (reference RCW Chapter 42.56, the Public Records Act) all materials received or created by the City of Seattle are considered public records.  These records include but are not limited to bid or proposal submittals, agreement documents, contract work product, or other bid material.

The State of Washington’s Public Records Act requires that public records must be promptly disclosed by the City upon request unless that RCW or another Washington State statute specifically exempts records from disclosure.  Exemptions are narrow and explicit and are listed in Washington State Law (Reference RCW 42.56 and RCW 19.108).

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