2009/05/06 Council Agenda Packet

When, after the opening and tabulation of proposals, a selected proposer claims error and requests to be relieved of award, he will be required to promptly present certified work sheets. The City will review the work sheets, and if the City is convinced,by clear and convincing evidence, that an honest,mathematically plausible error or critical omission of costs has been made, the proposer may be relieved of his proposal. After opening and reading proposals, the City will check them for correctness of extensions of the prices per unit or subtotal and the total price. If a discrepancy exists between the price per unit or subtotal and the extended amount of any proposal item, the price per unit will control. The total of extensions, corrected where necessary, will be used by the City. M. Incorporation of RFP and Proposal in Agreement The RFP, including all attachments and addenda, and all promises, warranties, commitments and representations in the successful proposal shall be binding and shall become obligations of an agreement between the successful proposer and the City. N. Timely Execution of Agreement Required The successful firm must execute a Professional Services Agreement (PSA) with the City for the provision of scope of work subject to and incorporating the material terms of this RFP and successful proposal within fifteen (15) business days after receipt of the final form of the agreement. Failure to execute an agreement within the allotted time releases the City from any obligation and allows the City to select the next most advantageous proposal or call for new proposals without penalty. O. Legal Disputes In submitting a proposal, the proposer agrees that in the event of litigation concerning or arising out of the above-referenced agreement or this RFP, proposals in response to this RFP or related process, the sole venue of any legal action shall be Snohomish County Superior Court, and the laws governing the interpretation of the agreement, this RFP or related process shall be Washington Law. P. Indemnification In submitting a proposal,the proposer agrees to indemnify and hold the City harmless of all liability, risks, costs, claims, actions, suits, demands, losses expenses, injuries and damages of any kind arising directly or indirectly out of, or in connection with, the City's handling of the RFP process, including, but not limited to, the rejection of any or all proposals. Q. City-Requesting Clarifications The City reserves the right to request clarification of information submitted and to request additional information from any proposer. R. Addenda Firms responding to this RFP are responsible for obtaining all addenda issued prior to submitting a proposal. S. Proposal Opening All proposals must be submitted to the City Clerk, 1st Floor, 2930 Wetmore Avenue, Everett, Washington 98201 no later than 2:00 p.m. on June 2, 2009, and must be clearly marked: PROPOSAL FOR: DEBT COLLECTION SERVICES RFP NO. 2009-036 8 2009-036—RFP,Debt Collection Services 5 of 13