HomeMy WebLinkAboutCommunityCenterNon-ProfitVendorRFP_FINAL.pdfREQUEST FOR
PROPOSALS
City of Auburn
City Clerk’s Office
Auburn City Hall
First Floor
25 West Main Street
Auburn, WA 98001
253-931-3039
DATES ADVERTISED: May 25, 2012 and June 1, 2012
RFP No./Title:Non-Profit Facilitator for the Auburn Community Center
Requesting Dept./ Div.:City of Auburn Planning & Development Department
RFP Number: Community Center-2012-01
Due Date/Time:Friday, June 22, 2012, 4:30 PM
Responsible Staff Person:Kevin Snyder, AICP, Planning & Development Director
ksnyder@auburnwa.gov
There will be no Pre-
Submittal Conference for
this RFP
Sealed Proposal Submittals are hereby solicited and will ONLY be
received by
City of Auburn
City Clerk’s Office
Auburn City Hall
First Floor
25 West Main Street
Auburn, WA 98001
Office Hours - 8:00 a.m. - 5:00 p.m.
Monday – Friday (excluding regularly observed holidays)
SUBMITTERS MUST COMPLETE AND SIGN THE FORM BELOW (TYPE OR PRINT)
Company Name
Address City/State/Zip Code
Signature Authorized Representative / Title
E-mail Phone Fax
This Request for Proposals will be provided in alternative formats such as Braille, large print, audio cassette or
computer disk for individuals with disabilities upon request.
RFP No. CommunityCenter-2012-01
Page 2
If you received or downloaded this document in .pdf format, a MS Word copy may be obtained by contacting
the staff person listed above. This MS Word document will be transmitted by e-mail. Sealed proposal submit-
tals are hereby solicited and will be received only at the office of the City Clerk for the City of Auburn, Auburn
City Hall, First Floor, 25 West Main Street, Auburn, WA 98001 and are due no later than 4:30 p.m. on Friday,
June 22, 2012 regarding a qualified Non-Profit Entity for the Auburn Community Center to assist in single as-
set/bankruptcy remote 501(c)(3) entity creation and implementation, project financing structuring, coordination
and compliance, real estate development oversight and management and asset management and operation.
These services shall be provided to the City of Auburn in accordance with the following and the attached in-
structions, requirements, and specifications.
Submittal: The City of Auburn requires the Submitter to sign and return this entire Request for Proposal (RFP)
document. The Submitter shall provide one unbound original and three (3) copies of the submittal response,
data or attachments offered, for four (4) items total. The original in both cases shall be noted or stamped
"Original". The City of Auburn shall only accept Proposals submitted in writing to the City Clerk. Proposals
submitted via
Questions: Interested submitters will be required to submit any questions in writing prior to 5:00 p.m. on
Wednesday, June 6, 2012 in order for staff to prepare any response required to be answered by Addendum.
The City of Auburn at its sole discretion may elect to respond or not respond to any submitted questions. If the
City determines to respond to a question (s), its answer (s) will be sent to all parties that have previously con-
tacted the City as well as the original party asking the question.
Questions are best received and most quickly responded to when sent via e-mail directly to the following: Ke-
vin Snyder, AICP, Planning and Development Director, ksnyder@auburnwa.gov.
Disclaimer: The information in this RFP has been prepared with care, but mistakes are always a possibility.
Therefore, each potential respondent is responsible to perform its own review and due diligence of the facts
and assumptions that are identified in this RFP.
SECTION I – GENERAL INFORMATION
A. The City of Auburn is an Equal Opportunity Employer and does not discriminate against individuals or firms
because of their race, color, creed, marital status, religion, age, sex, national origin, sexual orientation, or
the presence of any mental, physical or sensory handicap in an otherwise qualified handicapped person.
B. All submitted qualifications and evaluation materials become public information and may be reviewed by
appointment by anyone requesting to do so at the conclusion of the evaluation, negotiation, and award
process. This process is concluded when a signed contract is completed between the City of Auburn and
the selected Applicant following authorization by the Auburn City Council. Please note that if an interested
party requests copies of submitted documents or evaluation materials, a standard City of Auburn copying
charge per page must be received prior to processing the copies.
C. No other distribution of proposals will be made by the Applicants prior to any public disclosure regarding
the RFP, the submittal or any subsequent awards without written approval by the City of Auburn. For this
RFP all qualification submittals received by the City of Auburn shall remain valid for one hundred and eigh-
ty (180) days from the date of submittal. All submittals received in response to this RFP will be retained.
D. Submittals shall be prepared simply and economically, providing a straightforward and concise but com-
plete and detailed description of the Applicant’s abilities to meet the requirements of this RFP. Fancy bind-
ings, colored displays and promotional materials are not desired. Emphasis shall be on completeness of
content. Applicants are encouraged to use partial or completely recycled materials in the preparation of the
RFP.
E. The City of Auburn reserves the right to reject any proposal submittals deemed not responsive to its needs.
F. In the event it becomes necessary to revise any part of this RFP, addenda shall be created and made
available by the City of Auburn City Clerk. Addenda will be conveyed to those potential submitters provid-
ing an accurate e-mail address. If desired, a hard copy of any addenda may be provided upon request.
RFP No. CommunityCenter-2012-01
Page 3
G. The City of Auburn is not liable for any cost incurred by the Applicant prior to issuing the contract.
H. A contract may be negotiated with the Applicant whose qualifications would be most advantageous to the
City of Auburn in the opinion of the City of Auburn, all factors considered. The City of Auburn reserves the
right to reject any or all proposal submittals.
I. If a selection is made as a result of this RFP, it will be based on the highest ranked Applicant. This RFP is
primarily designed to identify the most qualified proposal.
J. The contents of the proposal submittal of the selected Applicant shall become contractual obligations if a
contract ensues. Failure of the Applicant to accept these obligations may result in cancellation of their se-
lection.
K. A contract between the Applicant and the City of Auburn shall include all documents mutually entered into
specifically including the contract instrument, the original RFP as issued by the City of Auburn, any Adden-
da and the response to the RFP. The contract must include, and be consistent with, the specifications and
provisions stated in the RFP.
L. News releases pertaining to this RFP, the services, or the project to which it relates, shall not be made
without prior approval by, and then only in coordination with, the City of Auburn.
M. The City of Auburn will not accept any proposal submitted after the time and date specified on the Request
for Proposal. There shall be no exceptions to this requirement.
N. City of Auburn staff are prohibited from speaking directly with potential Applicants about the project during
the solicitation. Questions may be submitted to the City electronically prior to the submittal deadline date.
The City of Auburn at its sole discretion may elect to respond or not respond to any submitted questions. If
the City determines to respond to a question (s), its answer (s) will be sent to all parties that have previous-
ly contacted the City as well as the original party asking the question.
Please direct all questions to:
Kevin Snyder, AICP, Planning and Development Director
ksnyder@auburnwa.gov
NOTE: Documents and other information are available in alternate formats for individuals with disabilities
upon advance request by calling the Auburn City Clerk’s Office at 253-931-3039.
Terms and Conditions. The City of Auburn reserves the right to reject any and all Proposals and to waive
irregularities and informalities in the submittal and evaluation process. This solicitation for Services does
not obligate the City of Auburn to pay any costs incurred by respondents in the preparation and submission
of a Proposal. This solicitation does not obligate the City of Auburn to accept or contract for any expressed
or implied services. Furthermore, the City of Auburn reserves the right to award the contract to the next
most qualified Facilitator if the selected Facilitator does not execute a contract within thirty (30) days after
the award of the proposal.
Electronic Commerce and Correspondence. The City of Auburn is committed to reducing costs and facili-
tating quicker communication to the community by using electronic means to convey information. As such,
this Request for Proposal as well as related exhibits, appendices, and issued addenda can be found on the
City of Auburn Internet Web Site, located at http://www.auburnwa.gov/business/contracting_consulting.asp.
This information is posted at the Web Site as a convenience to the public, and is not intended to replace
the City of Auburn process of formally requesting bid documents and providing the City with contact infor-
mation for the potential Applicant. Each Applicant bears the responsibility to confirm the completeness and
accuracy of all documents pertaining to a given solicitation, including the receipt of all issued addenda.
After submittals have been opened in public, the City will post a listing of all of the parties submitting pro-
posals at the City of Auburn Internet site. Please refer to
http://www.auburnwa.gov/business/contracting_consulting.asp for a listing, as well as a notification of a fi-
nal determination.
RFP No. CommunityCenter-2012-01
Page 4
Unless otherwise requested, letters and other transmittals pertaining to this RFP will be issued to the e-mail
address noted in our files, and after submittal, noted on the first page of this document. If other personnel
should be contacted via e-mail in the evaluation of this submittal, or to be notified of evaluation results,
please complete the information in the table below.
Contact Name Title Phone E-mail address
O. Washington State Public Disclosure Act (RCW 42.17) requires public agencies in Washington to promptly
make public records available for inspection and copying unless they fall within the specified exemptions
contained in the Act, or is otherwise privileged.
P. Qualifications submitted under this RFP shall be considered public documents and with limited exceptions
qualification submittals that are recommended for contract award will be available for inspection and copy-
ing by the public. The City of Auburn may request an electronic copy of your submittal response at a later
time for this purpose. This copy may be requested in MS Word format, and delivered either by e-mail or di-
rectly delivered on CD.
If an Applicant considers any portion of his/her submittal to be protected under the law, the Applicant shall
clearly identify on the page(s) affected such words as “CONFIDENTIAL,” PROPRIETARY” or “BUSINESS
SECRET.” The Applicant shall also use the descriptions above in the following table to identify the effected
page number(s) and location(s) of any material to be considered as confidential (attach additional sheets
as necessary). If a request is made for disclosure of such portion, the City will determine whether the ma-
terial should be made available under the law. If the material is not exempt from public disclosure law, the
City will notify the Applicant of the request and allow the Applicant ten (10) days to take whatever action it
deems necessary to protect its interests. If the Submitter fails or neglects to take such action within said
period, the City will release the portion of the submittal deemed subject to disclosure. By submitting qualifi-
cations, the Applicant assents to the procedure outlined in this paragraph and shall have no claim against
the City on account of actions taken under such procedure.
Type of exemption Beginning Page / Location Ending Page / Location
U. Applicants are urged to use recycled/recyclable products and both sides of paper for printed and photoco-
pied materials, whenever practicable, in preparing responses to this RFP.
V. During the solicitation process, the City of Auburn strongly discourages the transmittal of Company infor-
mation, brochures, and other promotional materials, other than address, contact and e-mail information,
prior to the due date of proposals. Any pre-packaged material received by a potential applicant prior to the
receipt of qualifications shall not be reviewed by the City.
W. Bid Identification Label: Please see the Bid Identification Label on the last page of this document.
RFP No. CommunityCenter-2012-01
Page 5
SECTION II – PROJECT SPECIFICATIONS AND SCOPE OF WORK
A. Introduction
The City of Auburn, via this Request for Proposals, is seeking a qualified non-profit entity (“Non-Profit”) to
assist the City in the development of the Auburn Community Center. This development shall occur through
the establishment of a single asset and bankruptcy remote 501(c)(3) entity, financial structuring and
implementation inclusive of the potential use of New Market Tax Credits (NMTC) 63-20 tax exempt bonds,
City/state/federal funds or some combination thereof, real estate development and asset management and
operation of the Auburn Community Center at Les Gove Community Campus.
The Auburn Community Center will be a 20,100 square foot community center building located at the Les
Gove Community Campus that will be used for educational, cultural and social activities and large non-
programmed community meeting spaces. The joint-use facility will feature a spacious and welcoming lob-
by and a large community gathering space for up to 350 people as well as dividable space for recreational
activities, programs and classes. The Center also includes meeting space/classrooms, office, lobby, kitch-
en, restrooms and storage. The City is interested in pursuing Leadership in Energy and Environmental
Design (LEED) designation for the Center.
The Community Center is intended to serve the entire Auburn community and will be open year-round. It
will be used for various health, fitness and wellness programs; multi-generational and multi-cultural events;
special events; evening family programs; art, craft and music; community education and specialty classes;
expanded youth and pre-school programs; meetings and corporate events; and wedding receptions.
At nearly 21 acres, Les Gove Community Campus is a recreational and educational campus serving the
entire community. The cluster of amenities in the Campus includes a King County Library branch, Parks
and Recreation Administration Building, a newly constructed Activity Center gymnasium (completed 2011),
a Senior Activity Center, and the White River Valley Museum. The Campus also includes the popular
Rotary Spray Park, Discovery Park, a barrier free playground (completed 2010), a play structure, public art,
bocce courts, horseshoe pits and two softball fields. A half-mile paved trail encircles an attractive bermed
and treed area. The Les Gove neighborhood is an area with a diversity of land uses and a diversity of
people. The area adjacent to the Community Center includes single-family and multi-family neighborhoods
and commercial retail uses.
The City of Auburn has worked with a team of professionals to complete the design process, prepare
construction bid level drawings and obtain all necessary permits for the Community Center. The selected
Applicant will be expected to work with the completed design for the Community Center, but will be
provided the opportunity to suggest refinements, as may be appropriate.
The City has secured funding for a portion of the total cost of the Community Center, however, the selected
Applicant will be expected to develop and implement a comprehensive and diverse funding package for the
Center that could include but is not limited 63-20 tax exempt bonds, New Market Tax Credits, city funds
and other local, state, regional or federal funds.
Lease / Leaseback Authorized by RCW 35.42:
The City can have a community center built for City use on a City owned site by means of a lease-
leaseback transaction under RCW 35.42.070-.090. This statute says that the leaseback to the City “Shall
contain terms as agreed upon between the parties,” but sets forth four required provisions:
a. No part of the cost of construction of the building shall ever be or become an obligation of the City;
b. The City shall have a prior right to occupy any or all of the building upon payment of rental as agreed
upon by the parties, which rental shall not exceed prevailing rates for comparable space;
RFP No. CommunityCenter-2012-01
Page 6
c. During the time that all of any portion of the building is not required for occupancy by the City, the
lessee of the land may rent the unneeded portion to suitable tenants approved by the City; and,
d. Upon the expiration of the lease, all buildings and improvements on the land shall become the property
of the City.
In addition to the foregoing, the lease-leaseback statute requires that the lease arrangement be made
“pursuant to a call for bids upon terms most advantageous to the (City).” [RCW 35.42.080]. Because this
statutory language does not require that the lease arrangement be made with the lowest responsible
bidder, it expressly differs in this respect from the conventional public bid process.
Anticipated Deal Structure
The City of Auburn anticipates the following deal structure will occur with the selected Non-Profit Facilitator:
1. Non-profit facilitator selected by the City;
2. Non-profit facilitator creates a single-purpose nonprofit corporation;
3. Single-purpose non-profit corporation contracts with a developer for design consultation services and
construction of the facility;
4. City leases facility from single-purpose non-profit corporation;
5. Single-purpose non-profit corporation contracts for facility operations and maintenance during the lease
period; and,
6. Facility is turned over to the City at no cost at the end of the lease
B. Project Expectations:
This Project will be highly visible. The City of Auburn expects that the Project will be highly functional, efficient,
safe and secure; will incorporate quality systems and materials; will be energy efficient with low operating and
maintenance costs; will meet the design needs of a modern community center; and will offer excellent
economic value.
C. Response to this RFP
This section provides information necessary to understand the selection process.
Each responding non-profit to this RFP shall submit one (1) unbound original Response (marked as such)
and three (3) copies. At the City’s sole discretion, the Selection Committee reserves the right to request
additional information.
1. Submission Requirements:
The submitting Non-Profit shall provide detailed written responses to the following questions and shall
be allowed to provide graphical, financial and other information that it deems necessary to substantively
respond to the Organizational Information and Proposal subsections of this RFP:
A. Organizational Information:
1. Who is the submitting Non-Profit? Identify legal demarcation and history.
2. Who are persons (s) working for the submitting Non-Profit that will be involved in the project and
what are their skills, qualifications and experiences that make them appropriate to work on the
project?
3. What experience does the submitting Non-Profit have in working with government clients and
projects?
RFP No. CommunityCenter-2012-01
Page 7
4. What evidence does the submitting Non-Profit have that is has a substantial operating history, is
financially sound and will be able to commit to participation in the project until such time that the
project is officially turned over to the City of Auburn.
5. What experience does the submitting Non-Profit have in construction negotiating, structuring,
closing and compliance for public use buildings and sites?
6. What experience does the submitting Non-Profit have in creating and operating a single asset
and bankruptcy remote 501(c)(3) entity for the financing, real estate development and asset
management and operation of the Auburn Community Center?
7. What experience does the submitting Non-Profit have in selecting and managing development
teams?
8. What direct experience does the Non-Profit and its employees have in 63-20 transactions?
Attach appropriate resume and narrative description.
9. What experience does the submitting Non-Profit have in working with multiple lines of project
financing of public use projects including the use and application of 63-20 tax exempt bonds,
New Market Tax Credits, foundation grants, city funds and other local, state, regional or federal
funds?
10. What experience does the submitting Non-Profit have in successfully completing similar projects
to the Auburn Community Center?
11. What experience does the submitting Non-Profit have in real estate development?
12. What resources, financial, legal and otherwise, do the Non-Profit have available in expediting
the proposed transaction?
13. Has the Non-Profit worked with the City of Auburn in the past? Please identify.
14. Has the Non-Profit worked with other public entities in the past? Please identify.
B. Proposal:
Provide a detailed written narrative with any accompany information deemed appropriate by the
submitting Non-Profit addressing the following:
1. The process the submitting Non-Profit will go through to establish a single asset and bankruptcy
remote 501(c)(3) entity for the financing, real estate development and asset management and
operation of the Auburn Community Center.
2. The process the submitting Non-Profit will use for structuring and implementing the financing of the
project.
3. The process the submitting Non-Profit will use for successfully leading the real estate development
efforts for the Auburn Community Center including but not limited to the selection and management
of a developer and/or development team, construction design and refinement, design permitting,
construction management and oversight, construction budget oversight, construction scheduling
and timeline compliance, labor and wage laws compliance and codes compliance.
4. The process the submitting Non-Profit will use for structuring and implementing asset management
and operations for the completed Auburn Community Center during its first full seven years of
operation. The response shall include detailed information on the proposed methods for lease terms
structuring, debt servicing, operational costs structuring and asset management fees.
5. The process the submitting Non-Profit will use to facilitate the no-cost turnover of the Auburn
Community Center facility to the City of Auburn at the end of the lease period.
RFP No. CommunityCenter-2012-01
Page 8
6. Demonstration through a process matrix or flow chart of the overall project timeline inclusive of key
steps, decision-points and milestones for the establishment of a single asset and bankruptcy
remote 501(c)(3) entity, financial structuring inclusive of the use of New Market Tax Credits
(NMTC), real estate development and asset management and operation (for the first full seven
years) of the Auburn Community Center at Les Gove Community Campus.
7. Demonstration through a flow chart or similar medium of how alternative funding methods such as
63-20 tax exempt bonds, New Market Tax Credits (NMTC), foundation grants and other state or
federal funds are structured and how they will be applied to the project together with any existing
City funds.
8. Demonstration through an organizational chart of the roles and responsibilities of key parties
including but not limited to the City of Auburn, the submitting Non-Profit, the single asset and
bankruptcy remote 501(c)(3) entity, the developer and/or development team and any other relevant
parties identified by the submitting Non-Profit.
2. Written Submittal Evaluation
Each non-profit’s qualification package will be evaluated by a selection committee (“Non-Profit RFP
Selection Committee”). The Non-Profit RFP Selection Committee will select the highest ranked Response
based on the following evaluation criteria. The City of Auburn reserves the right to reject any and/or all
Responses.
The Selection Committee, in evaluating submittals, will use the following criteria:
- Qualifications and Experience ............................ 40 points
- Quality of Proposal………………………………. 20 points
- Financial and Legal Resources .......................... 30 points
- Successful History with Other Public Entities ..... 10 points
Total 100 points
3. Interview (if applicable)
If an award is not made based on the written evaluation alone, the City of Auburn may elect to conduct
interviews with the top ranked submitters. If interviews are conducted, they will be worth a maximum of
40 points. Final award would then be based on the total of the written evaluation and interview points.
4. Notification
The City of Auburn shall provide notification, via e-mail, to each submitter regarding the status of the
solicitation.
D. Submittal Preparation
This procurement will be in accordance with the City of Auburn and other applicable federal, state and local
laws, regulations and procedures.
E. Other Information
All facts and opinions stated within this RFP, and all supporting documents and data, are based on
information available from a variety of sources. Additional information may be made available via written
addenda throughout the process. No representation or warranty is made with respect thereto.
RFP No. CommunityCenter-2012-01
Page 9
All submittals shall be submitted as set forth in this RFP. Submittals that are not in accordance with the
procedures and specified requirements stated herein may be considered “non-responsive” and will be
subject to rejection by the City. All costs incurred in the preparation of the submittal and in the submittal
process shall be borne by the proposing Applicants. The City shall not reimburse Applicants for such
costs.
SECTION III - NONDISCRIMINATION AND AFFIRMATIVE ACTION
The following sections include standard City of Auburn terms and conditions. Some or all of the information
contained in these sections may become part of the final contract document.
PART 1: NON-DISCRIMINATION
A. Auburn City Code Chapters 3.10 (Purchasing Policy), 3.12 (Public Contracts), 3.14 (Public Contracts) and
3.18 (Reimbursable Labor Rates) are incorporated by reference as if fully set forth herein and such
requirements apply to this Contract; provided however, that no specific levels of utilization of minorities and
women in the workforce of the Applicant shall be required, and the Applicant is not required to grant any
preferential treatment on the basis of race, sex, color, ethnicity or national origin in its employment
practices; and provided further that, notwithstanding the foregoing, any affirmative action requirements set
forth in any federal regulations, statutes or rules included or referenced in the contract documents shall
continue to apply.
B. During the performance of this Contract, neither the Applicant nor any party subcontracting under the
authority of this Contract shall discriminate nor tolerate harassment on the basis of race, color, sex,
religion, nationality, creed, marital status, sexual orientation, age, or the presence of any sensory, mental,
or physical disability in the employment or application for employment or in the administration or delivery of
services or any other benefits under this Contract.
C. The Applicant shall, prior to the commencement of the work and during the term of this Contract, furnish
the City of Auburn, upon request and on such forms as may be provided by the City, a report of the
affirmative action taken by the Applicant in implementing the terms of this section. The Applicant will permit
access by the City to the Applicant’s records of employment, employment advertisements, application
forms, other pertinent data and records related to this Contract for the purpose of monitoring and
investigation to determine compliance with these requirements.
D. The Applicant shall implement and carry out the obligations contained in its Affidavit and Certificate of
Compliance regarding equal employment opportunity. Failure to implement and carry out such obligations
in good faith may be considered by the City of Auburn as a material breach of this Contract and grounds for
withholding payment and/or termination of the Contract and dismissal of the Applicant.
E. The Applicant shall comply fully with all applicable federal, state and local laws, ordinances, executive
orders and regulations that prohibit such discrimination. These laws include, but are not limited to, RCW
Chapter 49.60 and Titles VI and VII of the Civil Rights Act of 1964.
F. During the performance of this Contract, neither the Applicant nor any party subcontracting under the
authority of this Contract shall engage in unfair employment practices. It is an unfair employment practice
for any:
1. Employer or labor organization to discriminate against any person with respect to referral, hiring,
tenure, promotion, terms, conditions, wages or other privileges of employment;
2. Employment agency or labor organization to discriminate against any person with respect to
membership rights and privileges, admission to or participation in any guidance program,
apprenticeship training program, or other occupational training program;
3. Employer, employment agency, or labor organization to print, circulate, or cause to be printed,
published or circulated, any statement, advertisement, or publication relating to employment or
membership, or to use any form of application therefor, which indicates any discrimination unless
based upon a bona fide occupation qualification;
RFP No. CommunityCenter-2012-01
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4. Employment agency to discriminate against any person with respect to any reference for employment
or assignment to a particular job classification;
5. Employer, employment agency or a labor organization to retaliate against any person because this
person has opposed any practice forbidden by KCC Chapter 12.18 or because that person has made a
charge, testified or assisted in any manner in any investigation, proceeding or hearing initiated under
the provisions of KCC Chapter 12.18;
6. Publisher, firm, corporation, organization or association printing, publishing or circulating any
newspaper, magazine or other written publication to print or cause to be printed or circulated any
advertisement with knowledge that the same is in violation of KCC Chapter 12.18.030C., or to
segregate and separately designate advertisements as applying only to men and women unless such
discrimination is reasonably necessary to the normal operation of the particular business, enterprise or
employment, unless based upon a bona fide occupational qualification; and/or
7. Employer to prohibit any person from speaking in a language other than English in the workplace
unless:
a. The employer can show that requiring that employees speak English at certain times is justified by
business necessity, and
b. The employer informs employees of the requirement and the consequences of violating the rule.
PART 2: NONDISCRIMINATION IN SUBCONTRACTING PRACTICES
A. Compliance with Initiative 200. In accordance with the provisions of Washington Initiative 200, no City
Minority and Women Business (M/WBE) utilization requirements shall apply to this Contract. No minimum
level of M/WBE sub-contractor participation or purchase from M/WBE certified vendors is required and no
preference will be given by the City to a bidder, proposer or submitter for their M/WBE utilization or M/WBE
status. Provided, however, that any affirmative action requirements set forth in any federal regulations or
statutes included or referenced in the Contract documents will continue to apply.
B. Non-Discrimination. During the term of this Contract, the Applicant shall not create barriers to open and
fair opportunities to participate in City contracts or to obtain or compete for contracts and subcontracts as
sources of supplies, equipment, construction and services. In considering offers from and doing business
with sub-contractors and suppliers, the Applicant shall not discriminate against any person on the basis of
race, color, creed, religion, sex, age, nationality, marital status, sexual orientation or the presence of any
mental or physical disability in an otherwise qualified disabled person.
During the performance of work performed under any Agreement resulting from this RFP, neither the
Applicant nor any party subcontracting under the authority of the agreement shall discriminate or engage in
unfair contracting practices.
C. Record-Keeping Requirements. The Applicant shall maintain, for at least 6 years after completion of all
work under this contract, records and information necessary to document its level of utilization of M/WBEs
and other businesses as sub-contractors and suppliers in this contract and in its overall public and private
business activities for the same period. The Applicant shall also maintain, for at least 6 years after
completion of all work under this contract, all written quotes, bids, estimates or proposals submitted to the
Applicant by all businesses seeking to participate on this Contract. Applicant shall make such documents
available to the City for inspection and copying upon request. If this contract involves federal funds,
Applicant shall comply with all record keeping requirements set forth in any federal rules, regulations or
statutes included or referenced in the contract documents.
D. Open Competitive Opportunities. The City of Auburn encourages the utilization of minority owned
businesses (“MBEs”) and women-owned businesses (“WBEs”) (collectively, “M/WBEs”) in City contracts.
The City encourages the following practices to promote open competitive opportunities for small
businesses including M/WBEs:
RFP No. CommunityCenter-2012-01
Page 11
1. Attending a pre-bid or pre-solicitation conference, if scheduled by the City, to provide project
information and to inform M/WBEs and other firms of contracting and subcontracting opportunities.
2. Placing all qualified small businesses attempting to do business in the City of Auburn, including
M/WBEs, on solicitation lists, and providing written notice of subcontracting opportunities to M/WBEs
and all other small businesses capable of performing the work, including without limitation all
businesses on any list provided by the City, in sufficient time to allow such businesses to respond to
the written solicitations.
3. Breaking down total requirements into smaller tasks or quantities, where economically feasible, in order
to permit maximum participation by small businesses including M/WBEs.
4. Establishing delivery schedules, where the requirements of this contract permit, that encourages
participation by small businesses, including M/WBEs.
5. Providing small businesses including M/WBEs that express interest with adequate and timely
information about plans, specifications, and requirements of the contract.
6. Utilizing the services of available community organizations, consultant and contractor groups, local
assistance offices, the City, and other organizations that provide assistance in the recruitment and
placement of small businesses including M/WBEs.
Further, the City encourages small businesses, including M/WBEs, to participate in the following practices
to promote open competitive opportunities:
1. Attending a pre-bid or pre-solicitation conference, if scheduled by the City, to receive project
information and to inform prime bidders/proposers of contracting and subcontracting capabilities.
2. Requesting placement on solicitation lists, and receipt of written notice of subcontracting opportunities.
3. Utilizing the services of available community organizations, consultant and contractor groups, local
assistance offices, the City, and other organizations that provide assistance in the recruitment and
placement of small businesses and M/WBEs.
E. Sanctions for Violations. Any violation of the mandatory requirements of the provisions of this Section
shall be a material breach of contract for which the Applicant may be subject to damages and sanctions
provided for by contract and by applicable law.
PART 3: REQUIREMENTS DURING WORK
A. Site Visits
The City of Auburn may at any time visit the site of the work and the Applicant’s office to review records
related to actual utilization of and payments to subcontracting firms. The Applicant shall maintain sufficient
records necessary to enable the City of Auburn to review utilization of subcontracting firms. The Applicant
shall provide every assistance requested by the City of Auburn during such visits.
PART 4: COMPLIANCE WITH SECTION 504 OF THE REHABILITATION ACT OF 1973, AS AMENDED
AND THE AMERICANS WITH DISABILITIES ACT OF 1990
The Applicant shall complete a Disability Self-Evaluation Questionnaire for all programs and services offered
by the Applicant (including any services not subject to this Contract) and shall evaluate its services, programs
and employment practices for compliance with Section 504 of the Rehabilitation Act of 1973, as amended
(“504”), and the Americans with Disabilities Act of 1990 (“ADA”). The Applicant shall complete a 504/ADA
Disability Assurance of Compliance prior to execution of a contract.
SECTION IV - GENERAL CONTRACT REQUIREMENTS
PART 1: TERMINATION CLAUSES
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A. The Contract may be terminated by the City without cause, in whole or in part, upon providing the Applicant
ten (10) calendar days' advance written notice of the termination.
If the Contract is terminated pursuant to this Section IV, paragraph A: (1) the City will be liable only for
payment in accordance with the terms of this Contract for services rendered prior to the effective date of
termination; and (2) the Applicant shall be released from any obligation to provide further services pursuant
to the Contract.
B. The City may terminate the Contract, in whole or in part, upon five (5) calendar days' advance written
notice in the event: (1) the Applicant materially breaches any duty, obligation, or services required
pursuant to this Contract, or (2) the duties, obligations, or services required herein become impossible,
illegal, or not feasible.
If the Contract is terminated by the City pursuant to this Subsection IV(B) (1), the Applicant shall be liable for
damages, including any additional costs of procurement of similar services from another source.
If the termination results from acts or omissions of the Applicant, including but not limited to misappropriation,
nonperformance of required services or fiscal mismanagement, the Applicant shall return to the City
immediately any funds, misappropriated or unexpended, which have been paid to the Applicant by the City.
C. If expected or actual funding is withdrawn, reduced or limited in any way prior to the termination date set
forth above in Section II or in any amendment hereto, the City may, upon written notice to the Applicant,
immediately terminate this Contract in whole or in part.
If the Contract is terminated pursuant to this Section IV, paragraph C: (1) the City will be liable only for
payment in accordance with the terms of this Contract for services rendered prior to the effective date of
termination; and (2) the Applicant shall be released from any obligation to provide further services pursuant
to the Contract.
Funding under the Contract beyond the current appropriation year is conditional upon appropriation by the
City Council of sufficient funds to support the activities described in this Contract. Should such an
appropriation not be approved, this contract will terminate at the close of the current appropriation year.
D. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Contract or law that
either party may have in the event that the obligations, terms and conditions set forth in this Contract are
breached by the other party.
PART 2: INDEMNIFICATION AND HOLD HARMLESS
A. In providing services under this Contract, the Applicant is an independent contractor, and neither the Appli-
cant nor its officers, agents or employees are an employee of the City for any purpose. The Applicant shall
be responsible for all federal and/or state tax, industrial insurance, and Social Security liability that may re-
sult from the performance of and compensation for these services and shall make no claim of career ser-
vice or civil service rights which may accrue to a City employee under state or local law.
The City assumes no responsibility for the payment of any compensation, wages, benefits or taxes to, or
on behalf of, the Applicant, its employees or others by reason of this Contract. The Applicant shall defend,
indemnify and hold the City, its officers, agents and employees harmless from and against any and all
claims, costs and/or losses whatsoever occurring or resulting from 1) the Applicant's failure to pay any
such compensation, wages, benefits or taxes; and 2) the supplying to the Applicant of work, services, ma-
terials and/or supplies by Applicant employees or other suppliers in connection with the performance of this
Contract.
B. The Applicant further agrees that it is financially responsible for and shall repay the City all indicated
amounts following an audit exception which occurs due to the negligence, acts or omissions for any rea-
son to comply with the terms of this Contract by the Applicant, its officers, employees, agents and/or rep-
resentatives. This duty to repay the City shall not be diminished or extinguished by the prior termination of
the Contract pursuant to the Duration of Contract, or the Termination section.
RFP No. CommunityCenter-2012-01
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C. The Applicant shall, defend, indemnify, and hold the City, [and the State of Washington (when any funds
for this Contract are provided by the State of Washington)] their officers, employees, and agents harmless
from any and all costs, claims, judgments, and/or awards of damages, arising out of or in any way result-
ing from the negligent acts or omissions of the Applicant, its officers, employees, and/or agents. The Ap-
plicant 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 Applicant, by mu-
tual 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 that City incurs
attorney fees and/or costs in the defense of claims, for damages within the scope of this section, such fees
and costs shall be recoverable from the Applicant. In addition, the City of Auburn shall be entitled to re-
cover from the Applicant fees, and costs incurred to enforce the provisions of this section.
Claims shall include, but not be limited to, assertions that the use or transfer of any software, book, docu-
ment, report, film, tape, or sound reproduction or material of any kind, delivered hereunder, constitutes an
infringement of any copyright, patent, trademark, trade name, or otherwise results in unfair trade practice.
Nothing contained within this provision shall affect and/or alter the application of any other provision con-
tained within this agreement.
PART 3: INSURANCE
Any insurance requirements will be discussed and negotiated with the successful submitter.
PART 4: CORRECTIVE ACTION
If the City determines that a breach of contract has occurred, that is the Applicant has failed to comply with any
terms or conditions of this Contract or the Applicant has failed to provide in any manner the work or services
agreed to herein, and if the City deems said breach to warrant corrective action, the following sequential
procedure will apply:
A. The City will notify the Applicant in writing of the nature of the breach;
B. The Applicant shall respond in writing within three (3) working days of its receipt of such notification, which
response shall indicate the steps being taken to correct the specified deficiencies. The corrective action
plan shall specify the proposed completion date for bringing the Contract into compliance, which date shall
not be more than ten (10) days from the date of the Applicant's response; unless the City, at its sole
discretion, specifies in writing an extension in the number of days to complete the corrective actions;
C. The City will notify the Applicant in writing of its determination as to the sufficiency of the Applicant's
corrective action plan. The determination of sufficiency of the Applicant's corrective plan shall be at the sole
discretion of the City;
D. In the event that the Applicant does not respond within the appropriate time with a corrective action plan, or
the Applicant's corrective action plan is determined by the City to be insufficient, the City may commence
termination of this Contract in whole or in part pursuant to Section IV.B;
E. In addition, the City may withhold any payment owed the Applicant or prohibit the Applicant from incurring
additional obligations of funds until the City is satisfied that corrective action has been taken or completed;
and
F. Nothing herein shall be deemed to affect or waive any rights the parties may have pursuant to Section IV,
Termination Clauses, Subsections A, B, C, and D.
PART 5: ASSIGNMENT/SUBCONTRACTING
A. The Applicant shall not assign or subcontract any portion of this Contract or transfer or assign any claim
arising pursuant to this Contract without the written consent of the City. Said consent must be sought in
writing by the Applicant not less than fifteen (15) calendar days prior to the date of any proposed
assignment.
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B. “Subcontract” shall mean any agreement between the Applicant and a Subcontractor or between
Subcontractors that is based on this Contract, provided that the term “subcontract” does not include the
purchase of (i) support services not related to the subject matter of this contract, or (ii) supplies.
SECTION V - ADDITIONAL INFORMATION & REQUIREMENTS
A. Disclosure – Conflict of Interest
The Applicant agrees to abide by all of the following requirements. Failure by the Applicant to comply with
any requirements specified below shall be a material breach of contract:
1. The Applicant covenants that no officer, employee, or agent of the City who exercises any functions or
responsibilities in connection with the planning and implementation of the scope of services funded
herein, or any other person who presently exercises any functions or responsibilities in connection with
the planning and implementation of the scope of services funded herein shall have any personal
financial interest, direct or indirect, in this Contract. The Applicant shall take appropriate steps to assure
compliance with this provision.
2. If the Applicant violates the provisions of Section V (1) or does not disclose other interest required to be
disclosed the City will not be liable for payment of services rendered pursuant to this Contract. Viola-
tion of this Section shall constitute a substantial breach of this Contract and grounds for termination
pursuant to Section IV (B) above as well as any other right or remedy provided in this Contract or law.
B. Recycled/Recyclable Products
Applicants able to supply products containing recycled materials that meet performance requirements are
encouraged to offer them in bids and proposals and to use them wherever possible in fulfillment of
contracts.
The Applicant shall use recycled paper for the production of all printed and photocopied documents related
to the fulfillment of this Contract and shall ensure that, whenever possible, the cover page of each
document printed on recycled paper bears an imprint identifying it as recycled paper. If the cost of recycled
paper is more than fifteen percent higher than the cost of non-recycled paper, the Applicant may notify the
Contract Administrator, who may waive the recycled paper requirement. The Applicant shall use both sides
of paper sheets for copying and printing and shall use recycled/recyclable products wherever practical in
the fulfillment of this Contract.
C. Proprietary Rights
The parties to this Contract hereby mutually agree that if any patentable or copyrightable material or article
should result from the work described herein, all rights accruing from such material or article shall be the
sole property of the City. The foregoing shall not apply to existing training materials, consulting aids, check
lists and other materials and documents of the Applicant which are modified for use in the performance of
this Contract.
SECTION VI - MAINTENANCE OF RECORDS/AUDITS
A. The Applicant shall maintain, and shall require any sub-contractors to maintain, accounts and records, in-
cluding personnel, property, financial and programmatic records and other such records as may be
deemed necessary by the City to ensure proper accounting for all project funds and compliance with this
Contract. All such records shall sufficiently and properly reflect all direct and indirect costs of any nature
expended and services provided in the performance of this Contract. The Applicant shall make such docu-
ments available to the City for inspection, copying, and auditing upon request.
B. All records referenced in subsection (A) shall be maintained for a period of six (6) years after completion of
work or termination hereof unless permission to destroy them is granted by the City Clerk in accordance
with RCW Chapter 40.14, or unless a longer retention period is required by law.
C. The Applicant shall provide access to its facilities, including those of any sub-contractor, to the City, the
state and/or federal agencies or officials at all reasonable times in order to monitor and evaluate the ser-
RFP No. CommunityCenter-2012-01
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vices provided under this Contract. The City will give advance notice to the Applicant in the case of fiscal
audits to be conducted by the City.
D. The Applicant agrees to cooperate with the City or its designee in the evaluation of services provided under
this Contract and to make available all information reasonably required by any such evaluation process.
The results and records of said evaluation shall be maintained and disclosed in accordance with RCW
Chapter 42.17.
E. If the Applicant received a total of $300,000.00 or more in federal financial assistance during its fiscal year
from the City, and is a non-profit organization or institution of higher learning or a hospital affiliated with an
institution of higher learning, and is, under this Contract, carrying out or administering a program or portion
of a program, it shall have an independent audit conducted of its financial statement and condition, which
shall comply with the requirements of GAAS (generally accepted auditing standards), GAO’s Standards for
Audits of Governmental Organizations, Programs, Activities, and Functions and OMB Circulars A-133 and
A-128, as amended and as applicable. Applicants receiving federal funds from more than one City De-
partment or Division shall be responsible for determining of the combined financial assistance is equal or
greater than $300,000.00. The Applicant shall provide one copy of the audit report to each City department
or division providing federal financial assistance to the Applicant no later than six (6) months subsequent to
the end of the Applicant’s fiscal year.
SECTION VII – REQUIRED FORMS
The following completed forms will be required from the selected contractor, prior to contract award:
A. Statement of Compliance - Union or Employee Referral Agency Statement (if applicable)
B. 504/ADA Disability Assurance of Compliance and Corrective Action Plan
Copies of these forms are available by contacting the Auburn City Clerk’s Office. They are available in paper
form, or may be obtained via e-mail. Please contact Dani Daskam, City Clerk, 253-931-3037 or Shawn Camp-
bell, Deputy City Clerk, 253-931-3039, or by sending an e-mailed request to ddaskam@auburnwa.gov or
scampbell@auburnwa.gov.
SECTION VIII – BID SUBMITTAL CHECKLIST
A. One (1) signed copy of entire RFP package.
B. One (1) signed copy of any Addendum that was issued. (If it has signature box at bottom of first page, it
must be returned.)
C. One (1) unbound copy of proposal response marked “Original.”
D. Three (3) copies of proposal response.
E. Complete the Bid Identification Label below (or reasonable facsimile) and attach it to a prominent place on
the exterior of the submission envelope, box, etc.
URGENT – SEALED BID ENCLOSED
Do Not Delay – Deliver Immediately
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City of Auburn City Clerk’s Office City Hall 25 West Main Street Auburn, WA 98001
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Bid No. RFP No. CommunityCenter-2012-01
Bid Title Non-Profit Facilitator for Auburn Community Center
Due Date
June 22, 2012, 4:30 P.M.
Vendor