Request For Proposal

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Request For Proposal

  1. 1. Request for Proposal City of Eden Prairie 8080 Mitchell Road Eden Prairie, Minnesota 55344 May 15, 2008 The purpose this document is to set scope, requirements and expectations of potential system providers and to outline key evaluation criteria. This is a formal requirements
  2. 2. document for public issue and vendor response to aid the evaluation team in identifying vendors that the team will request to move forward to the vendor on-site demonstration. Table of Contents SECTION 1 – SUMMARY INFORMATION....................................................................................3 I. INTRODUCTION AND GENERAL INFORMATION ................................................................3 INTRODUCTION....................................................................................................................3 EDEN PRAIRIE GENERAL INFORMATION..........................................................................4 GENERAL REQUIREMENTS:...............................................................................................5 II. EXECUTIVE SUMMARY........................................................................................................7 PROJECT SCOPE:................................................................................................................7 INTERFACES:.......................................................................................................................7 PROJECT GOALS AND OBJECTIVES:................................................................................9 OPERATIONAL BUSINESS CASE:.....................................................................................12 KEY ASSUMPTIONS AND DIFFERENCES:.......................................................................15 ESTIMATED TIMEFRAME:..................................................................................................15 POLICE AND FIRE FUTURE SYSTEM...............................................................................16 .............................................................................................................................................16 PUBLIC SAFETY (POLICE AND FIRE) INTERFACE FLOWCHARTS................................16 CURRENT PAPER WORKFLOW FOR POLICE DEPARTMENT:.......................................17 SECTION 2 – GENERAL CONTRACTUAL AND LEGAL INFORMATION.................................18 GENERAL INFORMATION......................................................................................................18 PRE-PROPOSAL MEETING AND/OR SITE EVALUATION VISIT...........................................18 DEFINITIONS...........................................................................................................................19 OVERVIEW OF PROCESS .....................................................................................................22 SECTION 3 – VENDOR AND INFORMATIONAL ATTACHMENTS............................................34 ATTACHMENT A – GENERAL CONTRACT CONDITIONS....................................................35 ATTACHMENT B - VENDOR OFFER SIGNATURE AND CERTIFICATION FORM................49 ATTACHMENT C - VENDOR PROFILE AND EXECUTIVE SUMMARY..................................51 ATTACHMENT D – PERFORMANCE BOND...........................................................................53 ATTACHMENT E – SAMPLE CONTRACT..............................................................................59 ATTACHMENT F – IC-134 INSTRUCTIONS............................................................................61 ATTACHMENT H – INDEMNITY AGREEMENT......................................................................63 SECTION 4 - FUNCTIONAL REQUIREMENTS ATTACHEMENTS............................................65 ATTACHMENT I - FUNCTIONAL REQUIREMENTS DESCRIPTION......................................65 .................................................................................................................................................66 COMPUTER AIDED DISPATCH (CAD)...................................................................................66 RECORDS MANAGEMENT SYSTEM.....................................................................................92 MOBILES................................................................................................................................113 INTERFACES ........................................................................................................................128 FIRE RECORD MANAGEMENT............................................................................................138 SECTION 5 – ADDITIONAL VENDOR ATTACHMENTS...........................................................153 ATTACHMENT J - DESCRIPTION OF SERVICES................................................................153 ATTACHMENT K - PRICING..................................................................................................154 ATTACHMENT L - GENERAL SUPPORT GUIDELINES.......................................................158 ATTACHMENT M - GENERAL TRAINING GUIDELINES......................................................159 ATTACHMENT N – VENDOR/SOLUTION PROVIDER CONTACT DATA.............................160 Page | 2
  3. 3. ATTACHMENT O - VENDOR QUALIFICATIONS AND REFERENCES................................163 Section 1 – Summary Information I. INTRODUCTION AND GENERAL INFORMATION INTRODUCTION Eden Prairie is a suburban community of about 65,000 people located in the southwest corner of Hennepin County in a setting of rolling hills and picturesque lakes and creeks. Eden Prairie has a convenient location, a comprehensive system of highways, and is a short distance from downtown Minneapolis and St. Paul and the Minneapolis-St. Paul International Airport. Eden Prairie is 36 square miles and 22,594 acres. There are 17 lakes, 3 creeks, and the Minnesota River forms the southern city limits. Eden Prairie is known for its attractive residential neighborhoods, which are connected by more than 90 miles of multi-use trails and surrounded by 1,000 acres of parks and 1,400 acres of preserved land for open space. Eden Prairie is also home to a thriving business community with over 2,500 businesses. The City of Eden Prairie is soliciting proposals for the purchase of a state-of-the art, integrated Police and Fire Computer Aided Dispatch, Police and Fire Records Management, Police Mobile and Field Reporting System and Fire EMS and Building Pre- Plans system. The total Project will include the selection and acquisition of software and hardware, installation, training and maintenance costs to replace or upgrade the current system. The overall goals are as follows: • Improve service to the public • Provide shared CAD system for Police and Fire • Provide user-friendly software applications for sworn and non-sworn personnel • Provide an accurate and efficient means to access and retrieve data and statistics • Improve response times for calls for service • Provide security to ensure confidentiality and privacy of data • Provide flexibility to allow for emerging technologies • Enhance officer safety and efficiency • Provide management personnel with information and tools for evaluation purposes • Provide for future system expansion • Reduce redundant entry for both sworn and non-sworn personnel • Provide integrated solutions for data sharing • Provide a reliable, robust mobile system to improve efficiency and safety The primary criteria for vendor evaluation and consideration will be: • Application Functionality • Project Cost / Total Cost of Ownership • Technical Environment and Support • Level of Integration • System / Information Security • Project Implementation and Support • User Support and Training Page | 3
  4. 4. • References, Completeness of Proposal and Vendor Capabilities We invite you to respond to our request in our search for application providers to meet our next generation needs in communication and information technology. EDEN PRAIRIE GENERAL INFORMATION In an effort to familiarize you with our department and the needs that we have, we supply the following general information for your consideration during the proposal process: City of Eden Prairie: Population (December 2007) 65,257 Square Miles: 36 Significant Facilities: Eden Prairie Shopping Center, Parks (43) Number of Housing Units 24,999 Single Family 12,830 Multiple Family 6,703 Apartment/Rental 5,466 City Employees Full – Time 278 Part – Time and Seasonal 549 Eden Prairie Police Department Calls for Service: Over 51,000 per year Sworn Officers: 66 Mobile Units: 30 Traffic Citations: Over 15,000 per year Part I Crimes: 1,500 per year Part II Crimes: 1,600 per year Non-Criminal Calls: DL/Registration Violations: 1,500 per year average Accidents: 1,000 per year Medical and Related: 2,100 per year Alarm Responses: 1,700 per year Miscellaneous Public: 8,000 per year average Miscellaneous Officer: 5,000 per year average Eden Prairie Fire Department Fire and EMS Calls: 1,349 per year Paged Calls 1,100 per year Hazmat Condition: 121 per year average False Alarms: 318 per year EMS: 309 per year Page | 4
  5. 5. GENERAL REQUIREMENTS: System will provide seamless and comprehensive integration to the CAD, Records Management, Mobile and Field components without the need for batch updates, etc. System will interface with State and Federal agencies and comply with US Department of Justice standards for data management. System will utilize a relational database. Vendor will provide data dictionary and allow read access directly from the relational database. System will have the option of utilizing Microsoft technology and server operating system for its database and application execution. System will have the ability to support Microsoft Windows clients. Vendor will be an ESRI and Certified Microsoft Solution business partner. System application security will provide flexible access control down to the field remote level allowing specific access permissions such as update, view only, prohibit-view, etc. System will provide the ability for users to tailor system reports and create ad hoc reports and must offer user-friendly methods of preparing statistical and analytical reports. System will have the ability for users to adjust common variables such as codes, tables, report parameters, screen displays, etc., without the services of a professional programmer. System will provide for extensive one-time, single-point of entry data collection to eliminate redundancy. System will allow storage and retrieval of historical data on line. System will provide various levels of data validation at entry especially for any master files. System will provide immediate error checking for data entry elements at time of initial entry. System will allow that multiple users may access the same programs simultaneously. Vendor will provide adequate documentation of system in the form of user manuals, instructions, report format samples, screen shots, etc. Vendor will guarantee that the applications have been developed with widely accepted industry standard languages, etc. System will allow for global queries using various values, ranges, partials and wild cards. Vendor will highlight in their proposal any 3rd party software required or recommended for optimum use of their system. Page | 5
  6. 6. System will provide for multiple levels of data security control including access by user, terminal, or department and by transaction, function and/or file. System will have the ability to update a master record or file and have the modification applied throughout all areas of the system. System will provide a graphical user interface and make optimum use of menus, shortcuts, functions keys, etc. System will have a consistent design and use of controls within applications to reduce user training and system administration. System will allow for training and testing without impacting live activity or records. System will have ability to customize toolbar to launch third-party applications (current and future) in all modules (mobile, RMS, Fire RMS, CAD). Page | 6
  7. 7. II. EXECUTIVE SUMMARY PROJECT SCOPE: Applications/ Modules • Computer Aided Dispatch - CAD (Police and Fire) • Location Mapping - GIS AVL (Police and Fire) • Mobile with DVS/BCA interfaces (Police) • Field Reporting (Police and Fire) • Automated Ticket Writing (Police) • Card Swipe (Police) • Records Management (Police and Fire) • Property Management (Police) • Crime Mapping and Statistics (Police) • Administrative Reporting (Police) • Bar Coding for Property Room and Dept Equipment (Police) • Case Management/Investigations (Police) • Citation Management (Police) • Alarm Billing (Police and Fire) • Fire Inspections (Fire) • EMS Response (Fire) • EMS Billing (Fire) • Purchasing and Equipment Inventory (Police & Fire) • National Fire Incident Reporting System-NFIRS (Fire) • Personnel Management (Police & Fire) • Training Management (Police & Fire) • Equipment Management INTERFACES: Interfaces Internal Interfaces • Computer Intelligence System (CIS) • Pagers • Alarms • Reverse 911 • Fire RMS if it is not include Fire product • E-Mail • Master Clock Time Server • E911 AND TDD Interface • Motorola Toning/Alert System • Winscribe Dictation/Transcription • Card Reader System (Identisys Salamander) Page | 7
  8. 8. • Internet Web Portal (edenprairie.org) External Interfaces • Hennepin County Warrants (Mobile) • MN DPS/DMV • BCA / CJIS / NCIC • CJIS (MOC) / NIBRS (UCR) • CrimeNet CIBRS • JNET – (Hennepin County Juvenile) • MN State Courts Message Switch • Radio System (800 MHz) • CAD-to-CAD (APCO Project 36 Interface) • Dynamic Imaging (HENNRAP/MRAP) • LiveScan Fingerprinting (BCA) • Statewide Supervision System (DOC) • NFIRS • Aspen Commercial Vehicle Inspection • National Grid System (FEMA) Other Project Items • Technical and Architecture Review Page | 8
  9. 9. PROJECT GOALS AND OBJECTIVES: Page | 9
  10. 10. Goals Definition Enhanced Public Safety • Provide maximum level of safety for citizens and community for each dollar Increased Officer Safety • Provide maximum level of safety for officers and staff for each dollar Operational Efficiency/Customer • Operate department in the most cost effective way, Value to provide community with best value for dollar Page | 10
  11. 11. Enhanced Customer Service • Provide maximum non-safety service output (quality) for requestors, in most time effective manner Page | 11
  12. 12. OPERATIONAL BUSINESS CASE: Estimated Impact of change – Metrics and Intangibles Page | 12
  13. 13. Major Change Impact Goal Impacted Reduction of Double • Reduced cycle time in processing • Operational Efficiency and Triple Entry of incident records • Customer Service Data • Reduction in errors • Higher confidence in data Enhanced Information • Higher overall arrest rate • Public Safety In Squad (DVS, BCA) • Higher warrant arrests • Officer Safety • Reduction of radio traffic • Customer Service • Reduction in errors • Higher data accuracy • Clearance times • Reduction in Dispatcher time • Increased data accuracy • Reduced response time • Higher data accuracy for complex calls Field Reporting in • Increased patrol time • Public Safety Squad • More citizen contact • Customer Service • Higher arrest rate Standardization of • Increased search capability • Public Safety Data for data Sharing • Higher case clearance rate (XML/JXML) GIS/AVL • Reduction in response times • Public Safety • Reduction in backup times • Officer Safety • Higher availability (data errors due to missed clearance) Increased volume and • Better information analysis • Public Safety availability of • Better resource allocation • Officer Safety information • Increase case clearance and solvability Higher Integration of • Lower error rate • Operational Efficiency Data • Higher alarm billing • Public Safety • Higher dept revenue • Higher Clearance rates Automated Ticket • Greater officer efficiency • Operational Efficiency Writing • Improved cost effectiveness for City Enhanced Record • Immediately available incident • Customer Service Management records • Operational Efficiency • More efficient resource assignments • Better budgeting capability Page | 13
  14. 14. Enhanced Case • Better ability to track cases and • Public Safety Management caseloads • More efficient resource assignments • Higher clearance rate Upward Migration of • Reduction of need for data entry • Operational Efficiency Administrative • Increase in availability of data for • Public Safety Resource Skills report writing and statistical analysis Page | 14
  15. 15. KEY ASSUMPTIONS AND DIFFERENCES: Key Assumptions: Some key assumptions made relating to this Project include: • EPPD operates with 90% similarity to other Minnesota Police Departments • EPPD requirements are 90% industry standard • Common RFP formats will apply to this Project Key Differences: Some key differences EPPD has with other similar departments: • More traffic control and citation enforcement activity • More elderly population (EMS / medical) • Department provides internal records checks by request ESTIMATED TIMEFRAME: Below is the high-level time line. Page | 15
  16. 16. POLICE AND FIRE FUTURE SYSTEM PUBLIC SAFETY (POLICE AND FIRE) INTERFACE FLOWCHARTS Page | 16
  17. 17. CURRENT PAPER WORKFLOW FOR POLICE DEPARTMENT: An attempt has been made to construct graphic representations of the current City of Eden Prairie Police data processes and high level of workflows. It indicated paper process and electronic input and storage. Additional detail information can be obtained by request. Page | 17
  18. 18. Section 2 – General Contractual and Legal Information GENERAL INFORMATION REQUEST FOR PROPOSAL FOR EDEN PRAIRIE’S POLICE AND FIRE DEPARTMENTS ("RFP") FOR CAD, RECORDS and MOBILE PROJECT Submit proposals in a sealed envelope or package with the Vendor's name and address, RFP number and RFP title clearly marked on the outside of each sealed envelope or package. MAIL OR DELIVER ONE (1) FINAL SUBMITTAL DATE AND TIME SIGNED ORIGINAL HARD COPY, SIX (3) PAPER COPIES, AND 1 CD PROPOSALS MUST BE RECEIVED WITH MS WORD AND EXCEL NO LATER THAN: COST CHART VERSION FOR EVALUATION TEAM TO: Thursday, June 5, 2008 4:30 PM City of Eden Prairie Attention: Lisa Wu Minnesota time (Central Time Zone) per the Police and Fire RFP time clock in Purchasing Services 8080 Mitchell Road Eden Prairie, MN 55344 Late proposals will not be considered. Do not submit copies to any other person or location. CONTACT FOR RFP INQUIRIES Lisa Wu Information Technology 8080 Mitchell Road Eden Prairie, MN 55344 E-Mail: lwu@edenprairie.org PRE-PROPOSAL MEETING AND/OR SITE EVALUATION VISIT TO THE EDEN PRAIRIE POLICE DEPARTMENT AND FIRE DEPARTMENT(Optional): 8080 Mitchell Road Eden Prairie, MN 55344 May 22, 2008 9:00 AM (Minnesota Time) Page | 18
  19. 19. Please e-mail with the names of those who will attend from your company. RSVP e-mail: jmorrow@edenprairie.org Police RSVP e-mail: skoering@edenprairie.org Fire Any questions regarding about the RFP, please send email to rfp@edenprairie.org DEFINITIONS Active Event..................an event to which units are assigned and responding Alternate........................a vendor proposed solution to a requirement that may not be entirely compliant with the request as written but will offer some or all functionality of the stated requirement using another methodology (used interchangeably with “modification”) ALI.................................automatic location identification provided by 911 service provider ANI................................automatic number identification provided by 911 service provider Automatically.................defined as not requiring user or system administrator intervention Auto-populate................to fill in field data (particularly in an on-line form) using data that has already been initially entered without duplicate entry of the data Biometric.......................the science and technology of measuring and statistically analyzing biological data such as fingerprints, eye retinas, voice patterns, etc., especially for authentication purposes CAD...............................Computer Aided Dispatch System as defined in RFP Attachment I City................................defined as City of Eden Prairie, MN Client.............................defined as the purchaser of the system (City of Eden Prairie) Contract.........................the written agreement resulting from this Request for Proposal executed by the City of Eden Prairie, MN and the Contractor Contract Documents…..shall include the Contract, RFP and Specifications including Sections 1 through 5 and Attachments A through O of the RFP and any Amendments or Addendums thereto. Contractor……………….the successful proposer to this Request for Proposal who enters into a written Contract with the City of Eden Prairie Default...........................a pre-designed value, setting, definition or configuration used by a program when a value, setting, definition or configuration is not specified Department...................Police Department of the City of Eden Prairie Desirable.......................a requirement having a significant degree of importance Dynamic........................for the purposes of this RFP, the ability to update or change information live and in real time without recalling or refreshing of previous data or information, a continuous change and progression EMD..............................Emergency Medical Dispatcher or Dispatching EMS..............................Emergency Medical Services EPPD............................Eden Prairie Police Department of the City of Eden Prairie Escrow..........................Software code and documentation deposited with a neutral third party (the escrow agent) to be delivered upon fulfillment of certain conditions, as established in a written agreement Evaluation Team...........the group of people who will evaluate RFP responses and ensure that the work of the Project is completed according to an agreed to set of objectives, outcomes, outputs, people, time, cost and quality. Team will consist of IT, police, Fire operational personnel Event.............................a call for service or request for response from police, fire or EMS (used interchangeably with incident and call) Page | 19
  20. 20. Event Number...............a unique, sequential number which is automatically assigned each request for response Extracted Pricing...........an item marked for vendor reference as possibly having to be extracted from the final Contract due to budget limitations, etc. This is denoted as a reference only to vendors so that it might assist in their calculated pricing and ease the process of deduction before final Contract award if the need does, in fact, arise GIS................................a geographic information system which enables envisioning a geographic aspect of a body of data for query or analysis and presenting the results in the form of some kind of map Go live...........................the point in time that the system becomes operational and real time functionality can be achieved GUI................................Graphical User Interface Integration.....................combining separately produced components or programs to produce a common purpose or set of objectives, to unify separate programs or architectures Interface........................a set of statements, functions, options or ways of expressing program instructions for communication and supported between systems and/or other programs Local..............................defined as the user PC hardware Mobile............................an in-vehicle accessible application as defined in RFP Attachment I Modification...................a vendor proposed solution to a requirement that may not be entirely compliant with the request but will offer some or all functionality of the stated requirement (used interchangeably with “alternate”) Module..........................a generic term implying a functional application of the system such as the CAD module or the Records Management module. Must..............................a requirement that must be met in order for a proposal to receive consideration. Mandatory.....................a requirement that must be met in order for a proposal to receive consideration. Project...........................a generic term referring to the total overall scope of work as defined in the RFP to upgrade and/or replace current CAD, Records and Mobile system Project Coordinator.......a person appointed by the City of Eden Prairie for general supervision and direction of work as required by the RFP (may or may not be same as Project Consultant) Project Consultant.........a contracted consultant to the Eden Prairie Police Department Project Manager............a primary vendor representative charged with the overall scope of the contracted work to include scheduling, implementation, training, etc. Proposal........................a completed written submission to the RFP Project Site………………the Project Site shall be located at 8080 Mitchell Road, Eden Prairie. Proposer........................a person, company, partnership or corporation responding to the RFP (may be used interchangeably with “Vendor”) RMS..............................Records Management System as defined in RFP Attachment I Should...........................a requirement having a significant degree of importance (also “shall”). Specifications................a detailed requirement as set defined in RFP Attachment I System..........................a generic term meaning the total of all parts of the RFP to include CAD, Records Management, Field Reporting, Mobile and all other requested functionality as outlined in overall RFP Attachment I Validation......................a process for checking the structural integrity and correctness of data at time of entry against a predetermined criteria Vendor...........................a person, company, partnership or corporation responding to the RFP (may be used interchangeably with “Proposer”) Page | 20
  21. 21. Will................................the same as a “must” or “mandatory” requirement Page | 21
  22. 22. OVERVIEW OF PROCESS 1.1 QUESTIONS AND ANSWERS Vendors who have questions about the RFP should e-mail such questions to the Contact for RFP Inquiries by the date noted in the Tentative Schedule of Events. Additionally, Vendors may bring questions to any scheduled pre-proposal meeting or site visit. The City of Eden Prairie prefers that Vendors submit questions in advance of any pre- proposal or site visit meeting in order to facilitate appropriate responses. **All questions must be emailed to rfp@EdenPrairie.org, no calls will be accepted unless initiated by Eden Prairie RFP team** Responses to written questions which involve an interpretation or change to this RFP will be issued in writing by addendum and mailed to all parties recorded as having received a copy of the RFP. All such addenda issued by the City of Eden Prairie prior to the time that proposals are received shall be considered part of the RFP. Only additional information provided by format written addenda shall be binding. Oral and other interpretations or clarifications, including those occurring at pre-proposal meetings, site visits, routs, etc., will be without legal effect. 1.2 TENTATIVE SCHEDULE OF EVENTS Be advised that these dates are subject to change as the City of Eden Prairie deems necessary: RFP Issued 05/15/2008 Questions Mailed to City of Eden Prairie Contact for RFP 05/21/2006 Pre-Proposal Meeting / Site Visit 05/22/2008 Proposals Due 06/05/2008 Vendor Presentations and Negotiations 07/17/2008 Anticipated Date of Council Approval Sept. 2008 Anticipated Date of Award Sept. 2008 Final Complete Implementation June, 2009 1.3 EVALUATION CRITERIA AND WEIGHTS This request for proposal is not meant to favor any vendor or manufacturer. It is solely designed to provide the best value to the City in meeting the needs of public safety and Fire for the City of Eden Prairie. The City will designate an evaluation team that will consist of selected representatives of police, fire, IT, as well as field and operational personnel. The City and the evaluation team may also choose to utilize outside advisors from other public safety departments, or establish an advisory team toward such purpose. The evaluation team will make a recommendation to the City Manager who will, in turn, present the recommendation to the City Council. The Council will award a contract to the vendor whose offer yields the highest combined score in accordance with the evaluation criteria in this Section 1.3 and, when considered in its entirety, best conforms to the overall long-term interests of the City. Page | 22
  23. 23. 1.3.1 EVALUATION CRITERIA DISTRIBUTION Primary evaluation criteria will consist of the following: Application Functionality The evaluation team will rate the vendor response to each module as listed in Section (C) “Specifications and Requirements” of this RFP. A requirement should be viewed as a minimum need that must be met by the Vendor. Scores will be given for a pass / fail / or alternate response based on response and to ensure that minimum base requirements, at the least, have been satisfied. The City may eliminate any Vendor who does not fulfill all requirements and/or does not propose an acceptable alternative or modification. All responses must indicate present capability. All responses designated as alternative or modified must be accompanied by a detailed explanation stating the commitment to meet the requirement and all pertinent information relative to the alternate or modification. An acceptable alternate or modification is one that the City, at its sole discretion, deems satisfactory in meeting a requirement. The City may also, at its sole and absolute discretion, waive or convert a requirement to a desirable feature or may drop a requirement altogether from inclusion. Project Cost Using the Vendor Response Form in Attachment (E) of the RFP, the evaluation team will review the 5-year total cost of ownership for each system. The evaluation factors may include, but are not limited to, base price, cost of alternate responses or modified responses, annual maintenance, training. The City reserves the right to adjust cost proposals to reflect factors that, in the City’s judgment, would result in more accurate costs for their environment. These factors may include, but are not limited to, extracting items that are not afforded in the allotted budget for this Project, reduction of number of personnel licensed for any application proposed, reduction or extraction of various hardware options, and/or reduction of total Project scope. Technical Environment and Support This set of criteria will evaluate how well the technical infrastructure proposed meets the long-term direction of the City. Factors for evaluation may include, but are not limited to, feature set, capability for interface with current systems, standards compliance, operations system(s), suitability and flexibility of application software, hardware limitations, ease of use, capacity and ease of configuration, administration and security. Level of Integration This set of criteria will evaluate the level of integration achieved by the proposed software and hardware solutions. Preference will be given to those vendors offering a fully integrated suite of applications. Preference will also be given to those products that eliminate redundant entry and provide a seamless interaction between City public safety agencies and outside agencies. Evaluation consideration will also be given to those Vendors who have successful local installations of their applications and working interfaces to local, State and National databases. Page | 23
  24. 24. System / Information Security This set of criteria will evaluate how well the vendor meets legal mandates and public safety requirements relating to maintaining the integrity and security of internal and external criminal justice and E911 medical services information. The focus of this evaluation will be the Vendor’s ability to provide sound hardware, software and operational safeguards as set by the State of Minnesota Bureau of Criminal Apprehension (BCA) guidelines, Minnesota state government guidelines and industry best practices. Project Implementation and Support This acquisition and scope of this Project is more than a single one-time purchase. It is the establishment of a relationship with a solution provider. This set of criteria will evaluate the Vendor’s capability to implement and support the full suite of products as requested in the RFP. The City will also take into consideration the implementation plan, the overall timing and duration of the Project, the technical capacity of and experience of the Vendor, the financial standing, and the Vendor’s vision and strategy. User Support and Training Initial training and ongoing training are critical factors in the evaluation of the Vendor’s ability to deliver the final results desired in the RFP. The evaluation team will review training and support documentation within the Proposal and rate according to costs, desired and future direction. 1.4 ISSUANCE OF RFP AND AWARD PROCESS After the RFP proposal submission closure date, an award may be made on the basis of the proposals initially submitted, without discussion, clarification or modification, or on the basis of negotiation with any or all of the Vendors. Therefore, the Vendors should make sure their proposals contain the best offer. The Eden Prairie RFP Evaluation Team will choose to use a “Finalist Process”, where it determines 2-4 finalists based on evaluation criteria in 1.3.1 above. In this Finalist Process the team may request on-site demonstrations of the products, utilizing operational scenarios and controlled scoring evaluations of those finalists. In these demos and rating evaluations, the evaluation team will review each vendor with a standard set of use cases and assign a numeric value to each case based on applicability to Eden Prairie operations. The team may also utilize in-depth technical reviews and cost analysis. The team may then determine a recommended Vendor based on: Demos and Scenario Scoring 30% In-depth Technical Review 30% In-depth Cost Review 40% After the completion of the Finalist Process, and the evaluation team’s determination of a recommended Vendor, the evaluation team will make a recommendation to the City Manager, who will in turn present the recommendation to the City Council. Page | 24
  25. 25. After a notification of award has been sent to the selected Vendor, letters will be sent to all other Vendors notifying them of the outcome of the RFP process. The City will include in their evaluation Vendor references, qualifications and support as well as technical merit and cost. The City may take into consideration the Vendor’s skill, facilities, capacity, experience, responsibility, previous work record, financial standing, service and support of current clients, prompt and efficient completion of the work as described, Vendor’s vision and strategy and other factors as the City deems relevant. Issuance of this RFP does not compel the City of Eden Prairie to award. The City reserves the right to reject any or all proposals, wholly or in part; to waive any technicalities, informalities, or irregularities in any proposal at its sole option and discretion. The City reserves the right to request clarification or additional information. The City reserves the right to award a Contract in whole or in part, to award multiple contracts to multiple Vendors, to re-solicit for proposals or to temporarily or permanently abandon the procurement. If the City awards a contract, it will award the contract to the Vendor or Vendors whose proposal(s) yields the highest combined score in accordance with the evaluation criteria in Section 1.3 and, when considered in its entirety, best conforms to the overall long-term interest of the city. 1.5 PROPOSAL SUBMISSION 1.5.1 NUMBER AND DESCRIPTION OF ORIGINAL AND COPIES Mail or deliver the 4 copies of proposal sets specified on the Title Page to City of Eden Prairie, Attn: Police and Fire All-in-One Solution RFP. All documents should be 8 1/2" x 11" and all responses typed or in ink. The copies should be bound in a manner that facilitates easy handling and reading by the evaluation committee. The original and the copies must read exactly the same. Included with the paper copies must be a CD containing the MS Word version of the completed document and its attachments, with the exception of signature pages. Also included on that CD shall be the MS Excel version of the 3-year Total Cost of ownership file. Include with the proposal a table of contents that includes page number references. The table of contents should be in sufficient detail to facilitate easy reference to the sections of the RFP and response as well as separate supplemental information. 1.5.2 LATE SUBMISSION Proposals received by the City after the “Submittal Date and Time” indicated on the Title Page WILL NOT be considered. The Vendor assumes the risk of the method of dispatch chosen. Postmarking by the Submittal Date and Time shall not substitute for actual proposal receipt. 1.5.3 VENDOR'S OFFER - SIGNATURE AND CERTIFICATION FORM Have the Vendor's Offer - Signature and Certification Form (Attachment B) signed by an authorized representative of your company. Include this signed document with the original proposal and a copy of it with each copy of the proposal. Page | 25
  26. 26. 1.6 OFFER SECURITY Each proposal shall be accompanied by a cashier's check or bond with a corporate surety authorized to contract as a surety in the State of Minnesota (the “Surety”), in an amount of $50,000, payable to the City as a guaranty that the Vendor will enter into a contract with the City for the work described in the proposal, and the amount of the security of a successful Vendor shall be forfeited to the City as liquidated damages in the event that such Vendor fails to enter into a contract and furnish contractor's bond. Checks will be held during RFP process, and returned to non-successful proposers. Checks will be held for successful vendors until completion of the Project. 1.7 REQUIREMENTS OF CONTRACT AND BOND The successful bidder shall execute and deliver the Contract in the form attached hereto as Attachment E. At the same time the successful vendor shall furnish, and at all times maintain, a performance bond and a payment bond in at least the full amount of the Contract for each bond with a corporate surety satisfactory to the City in the form attached hereto as Attachment D. Personal Sureties will not be approved. 1.8 OWNERSHIP OF PROPOSAL All materials submitted in response to this request become the property of the City of Eden Prairie and may become a part of any resulting contract. Award or rejection of a proposal response does not affect this right. 1.9 RELEASE OF CLAIMS, LIABILITY AND PREPARATION EXPENSES Under no circumstances shall the City of Eden Prairie be responsible for any proposal preparation expenses, submission costs, or any other expenses, costs or damages, of whatever nature incurred as a result of Vendor's participation in this RFP process. Vendor understands and agrees that it submits its proposal at its own risk and expense and releases the City from any claim for damages or other liability arising out of the RFP and award process. 1.10 N/A SECTION REMOVED Section Removed – but paragraph held to maintain numbering consistency 1.11 DURATION OF VENDOR'S OFFER The proposal constitutes an offer by the Vendor that shall remain open and irrevocable for the period specified on the Vendor's Offer - Signature and Certification Form (Attachment B). 1.12 ERRORS AND OMISSIONS IN PROPOSALS The City of Eden Prairie shall not be liable for any errors in Vendor's proposal. Except during negotiations initiated by the City, no modifications to proposal shall be accepted from the Vendor after the Submittal Date and Time. Vendor is responsible for careful review of its entire proposal to ensure that all information, including pricing, is correct and complete. Vendors are liable for all errors or omissions contained in their proposals. Page | 26
  27. 27. 1.13 WITHDRAWING PROPOSALS Vendors may withdraw their proposal at any time prior to the Final Submittal Date and Time by submitting a written request to the Contact for RFP Inquiries indicated on the Title Page. The written request must be signed by an authorized representative of the Vendor. The Vendor may submit another proposal at any time prior to the Final Submittal Date and Time. No proposal may be withdrawn after the Final Submittal Date and Time without approval by the City. Such approval shall be based on Vendor's submittal, in writing, of an acceptable reason and at the sole discretion of the City. 1.14 ADDENDUM The City of Eden Prairie reserves the right to issue an addendum to the RFP at any time for any reason. All Vendors shall receive any and all addendums issued at the address provided by Vendor’s proposal. Addendums may be provided through the website (http:// www@edenprairie.org). 1.15 ORAL PRESENTATIONS / SITE VISITS Finalist(s) may be required to do an oral presentation and/or demonstration. Each Vendor should be prepared to discuss and substantiate any area of its proposal, its own qualifications for the services required, and any other area of interest relative to its proposal. 1.16 RESPONSES SUBJECT TO PUBLIC DISCLOSURE The City of Eden Prairie considers all information, documentation and other materials (collectively, "Materials" or "Items") submitted in response to this RFP to be of a non- confidential and/or non-proprietary nature and therefore shall be subject to public disclosure and copying after the Contract is awarded. By submitting a proposal, Vendor agrees to release the City from any liability resulting from the City’s disclosure of such information. If you believe information submitted in response to this RFP to be trade secret materials, as defined by the Minnesota Government Data Practices Act, Minnesota Statute, Section 13.37 ("MGDPA"), you must follow these instructions. (1) Clearly and conspicuously mark any materials or emails you believe to contain trade secret information; (2) Enclose such Materials in a separate envelope or separate Email, which, itself, is clearly and conspicuously marked "Confidential."; and (3) Include in the envelope or Email an opinion for each document indicating the legal basis for regarding it as trade secret under the MGDPA. Vendor also agrees to defend any action seeking release of the Materials believed to be trade secret, and indemnify and hold harmless the City, its agents and employees, from any judgments or damages awarded against the City in favor of the party requesting the Materials and any and all costs connected with that defense. Additionally, Vendor understands and agrees that in the event a request is made under the MGDPA, the City Page | 27
  28. 28. shall notify Vendor of such request but under no circumstances shall the City be required to commence or defend any action to prevent the disclosure or copying of any Materials, including Materials which the Vendor believes to be trade secret or confidential. 1.17 RESPONSIBLE PROPOSERS The City reserves the right to award contracts only to responsible proposers. Responsible proposers are defined as companies that demonstrate the financial ability, resources, skills, capability, willingness, and business integrity necessary to perform on the contract. The City's determination of whether a Vendor is a responsible proposer is at the City’s sole discretion. 1.18 NOTIFICATION OF AWARD If the City awards a contract as a result of this RFP process, the City will deliver to the selected Vendor a “Notice of Award”. The resulting contract shall consist of: (1) the terms, conditions, specifications and requirements of this RFP and its attachments, (2) any addenda issued by the City of Eden Prairie to this RFP, (3) all representations (including but not limited to, representations as to price, specifications, performance, and financial terms) made by the Vendor in its proposal and during any presentations or demonstrations for the benefit of the City, and (4) any mutually agreed upon written modifications to the terms, conditions, specifications, and requirements to this RFP or to the proposal. After a notification of award has been sent to the selected Vendor(s), letters will be sent to all other Vendors notifying them of the outcome of the RFP process. 1.19 TESTING, ACCEPTANCE AND CERTIFICATION The new system shall integrate Police/Fire/EMS Dispatch, Records, Mapping and Mobile components, along with various interfaces (the “System”). As such, the final testing and acceptance will be comprised of a number of elements involving the correlation and functionality between these various components. This will require multiple stages of testing. The City intends to join with the Vendor selected in constructing an acceptable method for testing and certification. The testing as proposed by the City should consist of the following phases: Initial Installation and Testing– The Vendor shall deliver and install the System components beginning on a date and time that is mutually agreed upon by the City and the Vendor. At such time as the installation is complete, the Vendor shall perform testing Page | 28
  29. 29. procedures relative to the system components and certify that Vendor is satisfied that the System is functional and operational per Vendor specifications. System Build (Phase 1) – After the City accepts the System as installed by Vendor, the City and Vendor shall begin any table and database build process as required. During this process, the City will test data input and output to verify that data input and resulting action and/or output perform correctly. The City shall be in close communication at all times with the Vendor to report any errors or known deficiencies. Client Testing (Phase 1) – The specifications and requirements as written in the RFP will be the first and primary source of functionality and performance of the System. The testing shall be on-going per component and shall be documented per the original RFP requirements as Pass / Fail / Modification Required / Date / Initials. System shall be able to accept and read test data for this phase and allow for deletion of test data at end of testing. System Build (Phase 2) – The Vendor shall supply and install all items designated as “Modified” within the System. Vendor shall test these modifications as required to verify performance and functionality as requested in the RFP specifications and requirements. Client Testing (Phase 2) – The testing will be completed by the City on all specifications which required modification by the Vendor. The first and primary source of functionality will be the specifications and requirements as written in the RFP against Vendor modification descriptions. Final Client Report – After Phase 1 and Phase 2 testing are complete, the City will submit to the Vendor documented areas where corrective action needs to take place. The City representative performing the Client Testing must document the failure or deficiency of the System in sufficient detail to permit reproduction by the Vendor. All failures, deficiencies or errors of the system must be corrected by the Vendor before Client Testing (Phase 3) is performed. Client Testing (Phase 3) – At this stage, the testing will be successful if the System, components and interfaces perform successfully in compliance with the specifications and requirements as outlined in the RFP for a total of 90 (ninety) days. Any testing item still outstanding as unsuccessful or deficient must be reported in writing to the Vendor. The Vendor shall have five (5) days to correct the item. The City shall retest the item within three (3) days. If the item again fails, the City shall notify the Vendor in writing and the Vendor shall again have five (5) days to correct the deficiency. This process will be repeated as many times as necessary until the ninety (90) day Phase 3 testing period is depleted. If, at this time, the Vendor fails to reach a successful resolution to the errors or deficiencies, the City shall have the right to exercise any and all rights and options to declare the Vendor in default and may exercise any or all of it’s remedies including, but not limited to, cancellation of the Contract. The City may also return the system at the Vendors cost and shall be entitled to a refund of the full amount of any payments made to the Vendor less 10% for depreciation. Upon successful completion of Phase 3 testing, the City shall give written notice to the Vendor that such testing is completed satisfactorily. The City also reserves the right to, at its discretion, extend the period for Contract compliance if so desired. Certification Testing – Upon completion of all Phase 3 testing, the City shall test the System with live data and during the normal course of business for a period of ninety (90) Page | 29
  30. 30. days. The City shall submit in writing to the Vendor the start date for this last and final series of testing. The Certification Testing shall assess that the system performs in accordance to the functionality, specification and requirements as stated in the RFP and agreed upon by Vendor, that the System can be effectively utilized by the City in its environment, actual ease of use of the System, and that the documentation is understandable and thorough. Certification Testing criteria may include the following: • Functions that access databases to test software • Function and information verification • Testing of drop down tables, command line, hyperlinks, buttons, icons, associated links and interfaces • Entry of sample transactions • Sufficient editing, modification and deletion of transactions • Processing of file maintenance functions for databases and master files • Processing and generating of reports The Certification Testing will assess if executed commands function as stated, if interfaces are complete and performing correctly, if database and workstation communications and system commands are generating appropriate responses, if the System is performing overall as stated in the specifications and requirements, and if any error messages are being generated during this final phase of testing. When the Certification Testing is complete, the City shall notify the Vendor in writing that the Contract has been fulfilled and all payments will be finalized as well as bid bonds and/ or performance bonds returned. 1.20 PAYMENT TERMS: Payment to the Vendor for the goods and services hereunder shall be made based on successful completion of the state of installation / services set forth in the following schedule: • The City of Eden Prairie shall pay the Vendor after inspection and approval by City of Eden Prairie of each of the phases listed in the schedule below. • Applications for payment may be in the form of the Vendor’s standard invoice. The application shall contain the purchase order number and contract number, an itemized list of commodities and/or services furnished, the description of each item occurring in the Contract Documents, the delivery point and the date of delivery. Invoices for any service or commodity not identified in the Contract will not be allowed. • Sales tax, if applicable, should be itemized on the invoice. • The Vendor shall invoice the City of Eden Prairie an amount equal to the percentage set forth as follows: Contract Signing 10% Initiation of Vendor Installation 10% Acceptance of Vendor Installation and Component/Module Testing 20% Page | 30
  31. 31. Completion of Client Testing Phase 1 20% Completion of Client Acceptance Testing Phase 3 (90 Days) 20% Successful Completion of Project Certification / Live 90 Day Operational Testing (90 Days) 20% • Training costs, if itemized separately in the Contract, shall be paid as incurred and at completion of training. • No payment shall constitute an acceptance of any commodity or service not in accordance with the requirements of the Contract. • Invoices shall be submitted to: City of Eden Prairie, Account Payable, Police and Fire All- in-One Project, 8080 Mitchell Road, Eden Prairie MN 55344 1.21 SUBCONTRACTING Unless otherwise agreed to in writing by the City of Eden Prairie, the successful Vendor shall be responsible for performance of any subcontractors. Use of subcontractors in the performance of the Contract is subject to City of Eden Prairie consent and Vendor shall act as primary contractor for the entire Project. The awarded vendor must ensure that any subcontractors abide by all terms and conditions of the Contract. 2.0 SOURCE CODE ESCROW The Source Code Escrow section includes terms and conditions that the City expects the Contractor for this Project to meet. The Vendor agrees to be bound by these requirements unless otherwise noted in the RFP. The Vendor may suggest alternative language to any section. Some negotiation is possible to accommodate Vendor’s suggestions. 2.1 SOURCE CODE ESCROW PACKAGE DEFINITION The term “Source Code Escrow Package” shall mean the following: A. A complete copy of the source code and executable code (in machine readable form) of the licensed software provided by the Contractor; B. A complete copy of any existing design documentation and use documentation; and/ or C. Complete instructions for compiling and linking every part of the source code into executable code for purposes of enabling verification of the completeness of the source code as provided below. Such instructions shall include precise identification of all compilers, library packages, and linkers used to generate executable code. 2.2 DELIVERY OF SOURCE CODE INTO ESCROW Contractor shall deliver a Source Code Escrow Package to the Escrow Agent. The Contractor, City and Escrow Agent shall first enter into a supplementary escrow contract. Page | 31
  32. 32. Contractor and City shall use their best efforts to enter into such an escrow contract as soon as possible after the date of this Contract, but not later than thirty (30) days following acceptance. The source code must be in escrow before final payment. 2.3 DELIVERY OF NEW SOURCE CODE INTO ESCROW When and if, from time-to-time during the term of this Contract, term of license or term of maintenance and support services, the Contractor provides the City with a maintenance release or upgrade version of the licensed software, the Contractor shall within ten (10) business days thereafter deposit with the Escrow Agent, in accordance with the escrow contract, a Source Code Escrow Package for the maintenance release or upgrade version, and shall give the City notice of such delivery. 2.4 VERIFICATION OF SOURCE CODE ESCROW PACKAGE The City, at its option and expense, may request that the completeness and accuracy of any Source Code Escrow Package be verified. 2.4.1 Such verification may be requested once per Source Code Escrow Package. 2.4.2 Such verification shall be conducted by the Escrow Agent or, upon at least ten (10) business days prior notice to Contractor, by another party (the “Verifier”) reasonably acceptable to Contractor (after full disclosure to Contractor of information reasonably requested by Contractor about the Verifier). 2.4.3 Prior to conducting the verification, the Verifier shall first execute a form of confidentiality agreement prepared by Contractor and precluding the Verifier from disclosing any information about the Source Code Escrow Package to City other than whether the Source Code Escrow Package was found to be complete and accurate. 2.4.4 Unless otherwise agreed at the time by Contractor and City, verification shall be performed on-site at Contractor’s premises, utilizing Contractor’s equipment and software, at a time reasonably acceptable to Contractor. Contractor shall make technical and support personnel available as reasonably necessary for the verification. 2.4.5 Contractor may at its discretion designate a representative to accompany the Source Code Escrow Package at all times and to be present at the verification. The Verifier will be the City’s sole representative at the verification. 2.4.6 The responsibility for the completeness and accuracy of the verification shall be solely that of the Verifier. Neither the Escrow Agent, if different from the Verifier, nor Contractor shall have any responsibility or liability to City for any incompleteness or inaccuracy of any verification. 2.5 ESCROW FEES All fees and expenses, other than verification fees, charged by the Escrow Agent will be borne by Contractor. 2.6 RELEASE EVENTS FOR SOURCE CODE ESCROW PACKAGE Page | 32
  33. 33. The Source Code Escrow Package may be released from escrow to the City, temporarily or permanently, solely upon the occurrence of one or more of the following “Escrow Release Events” described below: 2.6.1 The Contractor becomes insolvent, makes a general assignment for the benefit of creditors, files a voluntary petition of bankruptcy, suffers or permits the appointment of a receiver for its business or assets, or becomes subject to any proceeding under any bankruptcy or insolvency law, whether domestic or foreign; 2.6.2 The Contractor has liquidated its business voluntarily or otherwise and the City has compelling reasons to believe that such events will cause the Contractor to fail to meet its warranties and maintenance obligations in the foreseeable future; or 2.6.3 The Contractor voluntarily or otherwise discontinues support of the provided products or fails to support the products in accordance with its warranties and maintenance obligations. 2.7 RELEASE EVENT PROCEDURES If the City desires to obtain the Source Code Escrow Package from the Escrow Agent upon the occurrence of an Escrow Release Event, then: 2.7.1 City shall comply with the procedures set forth in the Escrow Contract to document the occurrence of the Release Event; 2.7.2 City shall maintain all materials and information comprising the Source Code Escrow Package in confidence in accordance with the section of this RPF, 1.16 of “Overview of Process”, RESPONSES ARE SUBJECT TO PUBLIC DISCLOSURE. 2.7.3 If the release is a temporary one, the City shall promptly return all released materials to Contractor when the circumstances leading to the release are no longer in effect; and 2.7.4 City shall promptly respond, fully and completely, to any and all requests for information from Contractor concerning City’s use or contemplated use of the Source Code Escrow Package. 3.0 STRUCTURE AND CONTENT OF VENDOR PROPOSAL To facilitate the evaluation of proposals, Vendors should prepare their response to this section in the format and sequence specified below and in the Attachments which are checked. Respond specifically to each question posed. Do not simply make a general reference to an attachment or brochure. Failure to comply with this stipulation could result in the proposal being rejected by the City at its sole discretion. Catalogs or brochures about the Vendor’s products or services may be included as an addendum to the proposal but not in place of specific responses to each item on the attachments checked as follows: Page | 33
  34. 34. Section 3 – VENDOR AND INFORMATIONAL ATTACHMENTS Vendor's proposal will consist of completion or acknowledgment of the following checked attachments. Unchecked attachments are intentionally omitted. ___ ATTACHMENT A – GENERAL CONTRACT CONDITIONS ___ ATTACHMENT B -- VENDOR’S OFFER – SIGNATURE AND CERTIFICATION FORM (S) ___ ATTACHMENT C -- VENDOR PROFILE AND EXECUTIVE SUMMARY ___ ATTACHMENT D – PERFORMANCE AND PAYMENT BONDS ___ ATTACHMENT E – SAMPLE CONTRACT ___ ATTACHMENT F – FORM IC-134 WITHHOLDING AFFIDAVIT FOR CONTRACTORS ___ ATTACHMENT G – CERTIFICATE OF INSURANCE ___ ATTACHMENT H – AFFIDAVIT, GENERAL WAIVER & INDEMNITY ___ ATTACHMENT I – SPECIFICATION AND REQUIREMENTS RESPONSE ___ ATTACHMENT J – DESCRIPTION OF SERVICES ___ ATTACHMENT K – PRICING ___ ATTACHMENT L – GENERAL SUPPORT GUIDELINES ___ ATTACHMENT M – GENERAL TRAINING GUIDELINES ___ ATTACHMENT N – VENDOR / SOLUTION PROVIDER GENERAL DATA ___ ATTACHMENT O – VENDOR QUALIFICATION & REFERENCES Page | 34
  35. 35. ATTACHMENT A – GENERAL CONTRACT CONDITIONS REQUEST FOR PROPOSAL FOR POLICE AND FIRE ALL-IN-ONE SOLUTION CITY OF EDEN PRAIRIE, MINNESOTA 1.0 INTERPRETATION OF PROPOSED CONTRACT DOCUMENTS If any Proposer contemplating submitting a bid for the Contract is in doubt as to the true meaning of any of the specifications or other language of the proposed RFP or Contract Documents, he/she may submit to the Contact for RFP Inquiries (see Section 2 of this Contract), a written request for an interpretation thereof. The person submitting the request will be responsible for its prompt delivery. Any interpretation of the RFP or Contract Documents will be made only by addendum duly issued and a copy of such addendum will be mailed or made available to each person receiving RFP documents and such other prospective bidders as have requested that they be furnished with a copy of each addendum. The City of Eden Prairie will not be responsible for any other explanation or interpretations of the RFP and Contract Documents. The RFP and Contract Documents are complimentary and what is required by or provided in one shall be binding as if required by or provided in all. 2.0 FORM OF CONTRACT The form of Contract to be used shall be the form prescribed and provided by the City . (See Attachment E for Sample Contract). 3.0 CONTRACTOR’S RESPONSIBILITIES The Contractor shall furnish all necessary software, hardware, wiring, peripherals, labor, training, and warranties, and shall fully complete the Project in accordance with the Proposal and Specifications for the prices bid. The Contractor shall be responsible for the entire proposed Project until its completion and acceptance. The Contractor shall be liable for any defects or substandard performance which may appear or be discovered with regard to hardware software, wiring and peripherals. 4.0 TERMINATION OF CONTRACTOR RESPONSIBILITY The Contractor’s responsibility on this Contract shall continue until final acceptance by the City of Eden Prairie, such acceptance to be made promptly after final completion of the work and final testing, and thereafter until all obligations contained in such Contract have been fully performed by the Contractor. 5.0 DISCRIMINATION ON ACCOUNT OF RACE, CREED OR COLOR, RELIGION, NATIONAL ORIGIN, DISABILITY, MARITAL STATUS, STATUS WITH REGARD TO PUBLIC ASSISTANCE, SEX OR AGE. The Contractor hereby agrees: Page | 35
  36. 36. 5.1 That in the hiring for the performance of any work under the Contract, or any subcontract, no contractor, material supplier, or vendor, shall, by reason of race, creed or color, religion, national origin, disability, marital status, status with regard to public assistance, sex or age, sexual orientation, discriminate against any person or persons who are citizens of the United States or resident aliens who are qualified and available to perform the work to which such employment relates; 5.2 That the Contractor, material supplier, or vendor shall not in any manner, discriminate against, or intimidate, or prevent the employment of any person or persons identified in 5.1 above, or on being hired, prevent, or conspire to prevent any such person or persons from the performance of work under any contract on account of race, creed or color, religion, national origin, disability, marital status, status with regard to public assistance, sex or age; 5.3 The Contractor shall furnish all information and reports required by City of Eden Prairie or by Executive Order No. 11246 and Revised Order No. 4, and by the applicable rules and regulations of the State or Federal government to ascertain compliance with the provisions of this Article; 5.4 That violation of this section shall be a misdemeanor; and 5.5 That this Contract may be canceled or terminated by the City, and all money due, or to become due under this Contract, may be forfeited, for a second or any subsequent violation of the terms or conditions of this Article. (Minn. Stat. Sect. 181.59 and Chapt. 363). 6.0 ASSIGNMENT OF CONTRACT No assignment by the Contractor of this Contract or any part thereof or of the funds to be received there under by the Contractor, will be recognized unless such assignment has had the written approval of the City of Eden Prairie, and the surety has been given due notice of such assignment and has furnished written consent thereto. In addition to the usual recitals in assignment contracts, the following language must be set forth: "It is agreed that the funds to be paid to the assignee under this assignment are subject to a prior lien for services rendered or materials supplied for the performance of the work called for in said Contract in favor of all persons, firms or corporations rendering such services or supplying such materials. 7.0 SUBCONTRACTS The Contractor shall, as soon as practicable after signing of the Contract, notify the Contact for RFP Inquiries (see Section 2 of this Contract), in writing of the names of Subcontractors, if any, proposed for the Project and the Vendor shall not employ any that the City may within a reasonable time object to as incompetent or unfit. All Subcontractors shall be bound by the terms of all the Contract Documents, but nothing contained in the Contract Documents shall create any contractual relation between any Subcontractor and the City. (Reference Attachment F “Withholding Affidavit for Contractors, Form #IC-134). Page | 36
  37. 37. 8.0 INSURANCE No Contractor or Subcontractor shall commence work under this Contract until it has obtained at its own cost and expense, all insurance required by this Article. All such insurance shall be approved by the City and maintained by the Contractor or Subcontractor, as the case may be, until final completion of the Contract. 8.1 Worker's Compensation, Unemployment Compensation and Employer's Liability Insurance The Contractor shall take out and maintain for the duration of this Contract Worker's Compensation Insurance, Unemployment Compensation Insurance and Employer's Liability Insurance as required under the laws of the State of Minnesota. 8.2 General Liability Insurance 8.2.1 Public Liability Insurance The Contractor shall take out and maintain during the life of this Contract such public liability and Property Damage Insurance as shall protect Contractor from all claims for bodily injury including accidental death as well as from all claims for Property Damage arising from operations under this Contract. The minimum limits which are required are: $1,000,000.00 in the aggregate for injuries including accidental death to any one person, for injuries including accidental death resulting from one accident and for property damage. 8.2.2 Automobile Insurance The Contractor shall carry Automobile Insurance on all automotive equipment owned, rented or borrowed in the minimum amounts of $1,000,000.00 in the aggregate for injuries including accidental death to any one person, for injuries including death resulting from any one accident, and for property damage. 8.2.3 Owner's Protective Liability and Property Damage Insurance The Contractor shall provide Owner's Protective Liability and Property Damage Insurance in the name of the City, insuring against bodily injury and property damage liability in the limits set forth above for which they may become legally obligated to pay as damages sustained by any persons, caused by accident and arising out of operations performed for the named insured by independent contractors and general supervision thereof. 8.2.4 Indemnity The Contractor agrees to hold harmless and indemnify the City, and its officers, officials, employees, servants and agents, from every Page | 37
  38. 38. claim, action, cause of action, liability, damage, expense or payment incurred by reasons of any bodily injury including death, or property damage attributable to the negligence or otherwise wrongful act or omission, including without limitation, breach of a specific contractual duty, of the Contractor or the Contractor 's agents or employees, or of anyone for whose acts any of them may be liable. Claims against Contractor for failure to obtain and keep in force the insurance required by this Contract shall not be limited by the provisions of the immediately preceding sentence. (Minn. Stat. Ch. 337). 8.3 Evidence of Insurance Insurance certificates evidencing that the above insurance is in force with companies acceptable to the City and in the amounts required shall be submitted to the City Clerk for examination and approval concurrently with the execution of the Contract, after which they shall be filed with the City Clerk. In addition to the standard information provided on the insurance certificates, each shall specifically provide that the policy will not be modified or cancelled except upon ten (10) days prior written notice to the City. 9.0 DEFENSE OF CLAIMS OR SUITS The Contractor shall indemnify and save harmless the City and all of its officers, officials, agents, servants and employees, from any and all loss, damages, expense, including cost and expense and attorney's fees of litigation arising from all suits, actions, or claims of any character, name and description, brought for, or on account of any injuries or damages received or sustained by any person, or persons or property by or from the said Contractor or Contractor’s agents or employees or by or in consequence of any neglect in safeguarding the Project, or through the use of unacceptable materials or by or on account of any act or omission, neglect or misconduct of said Contractor or Contractor’s agents or employees, or by or on account of any claims or amounts recovered for any infringement of patent, trademark or copyright, or from any claims or amounts arising or recovered under the "Worker's Compensation Law", or any other law, bylaw, ordinance, order or decree and so much of the money due the said Contractor under and by virtue of Contractor’s Contract as shall be considered necessary by the City may be retained for the use of said City, or in case no money is due Contractor’s surety shall be held until such suit or suits, action or actions, claim or claims, for injuries or damages, as aforesaid shall have been settled and suitable evidence to that effect furnished to the City. The authorized use by the Contractor of public or private property for any purpose may be considered an injury or damage to the property so used. No moneys, payable under the Contract Documents, or any part thereof except the estimate for the first month or period shall become due and payable, if the City so elects, until the Contractor shall satisfy City that he has made a satisfactory settlement for all materials and equipment used in or upon and labor done for the Project for the then preceding month. 10.0 COMPLIANCE WITH LAWS, BUILDING CODES AND REGULATIONS The Contractor is assumed to be familiar with all codes, state laws, ordinances and regulations which in any manner affect those engaged or employed in the Project, or in any Page | 38
  39. 39. way affect the conduct of the Project and no pleas of misunderstanding will be considered on account of the ignorance thereof. The provisions of such codes, laws or ordinances are deemed to be a part of these Specifications and the Contractor will be bound by the provisions thereof. The Contractor shall and also by a Surety indemnify and save harmless the City and all of its officers, officials, agents, employees and servants against any claim or liability arising from or based on the violation of any such law, ordinance, regulation or decrees, whether by the Vendor or his employees. If the Contractor shall discover any provisions in the RFP, Specifications or Contract or any direction given by a City employee or agent which is contrary to or inconsistent with any such law, ordinance, regulation or decree, Contractor shall forthwith report the inconsistency to the City of Eden Prairie in writing. 11.0 PERMITS AND LICENSES The Contractor shall procure all permits and licenses, pay all charges and fees and give all notices necessary and incidental to the due and lawful prosecution of the Project. 12.0 PATENTS, COPYRIGHTS AND PROCESSES If the Contractor requires, or the Contractor desires, the use of any design, device, material or process covered by letters, patent or copyright, trade mark or trade name, Contractor shall provide for such use by the City by suitable legal agreement with the necessary party and a copy of said agreement shall be filed with the City. The Contractor and the Surety shall indemnify and save harmless the City from any and all claims for infringement by reason of use of any such patented design, device, material or process, or any trade mark or trade name or copy right in connection with the Project to be performed under the Contract, and shall indemnify the City for any costs, expenses and damages which it may incur or suffer, including cost, expense, and attorney's fees incident to litigation by reason of such infringement, at any time during the prosecution or after the completion of the Project. 13.0 PROSECUTION OF WORK All dealings of the City will be with the Project Manager. No work on the Project shall be started until the Contract has been executed by the City and Contractor. Definite notice of intention to start work on any portion of the Project shall be given to the City at least five (5) days in advance of beginning any portion of the Project. Such starting time shall be within ten (10) calendar days after the date of receipt by Vendor of notice to proceed given by the City of Eden Prairie. The official starting time shall be taken as the date on which the Contractor is notified by the City that Contractor has fulfilled all preliminary requirements of the City. The official completion date will be calculated from the number of calendar days between the starting date and the completion date or time allowed for completion, using the official starting date as hereinbefore defined. Should the Project for any reason be discontinued temporarily, by the Contractor, with the prior consent of the City, Contractor shall notify the City at least twenty four (24) hours before again resuming operations. Page | 39
  40. 40. The Contractor shall submit, at such times as may reasonably be requested by the City, schedules which shall show the order in which the Contractor proposes to initiate the Project, with dates upon which the Contractor will start the several parts of the Project, and estimated dates of completion of the several parts. If deemed necessary by the City and by prior written approval issued by the City, Contractor shall have the right to change such schedule of operation as required. The Project shall be progress in such a manner as to insure its completion within the time set by the Contract. In case of failure to move forward the Project in such a manner as to insure its completion within the date specified, the City shall have the right to require the Contractor to place in operation such additional force and personnel as is deemed necessary. 14.0 PROJECT MANAGEMENT AND SUPERVISION The Contractor shall assign a competent Project Manager and any necessary assistants, all satisfactory to the City. The Project Manager shall not be changed or removed except with the consent of the City unless the Project Manager proves unsatisfactory to the Contractor and ceases to be an employee of the Contractor. The Project Manager shall represent the Vendor and all directions given to the Project Manager shall be as binding on Contractor. Important decisions, in the City’s sole discretion, shall be confirmed in writing to the Vendor. Other directions shall be so confirmed by the City upon written request by Contractor. The Project Manager shall give efficient supervision to the Project, using his/her best skill and attention, shall carefully study all Specifications and other instructions as written in the RFP and shall at once report to the City any error, inconsistency or omission which he/she may discover, but he/she shall not be held responsible for their existence or discovery. The Contractor will be supplied copies of the RFP Specifications and instructions. Contractor shall have said RFP Specifications and instructions available on the Project Site at all times, during the installation and finalization of the Project. Contractor shall give the Project Contractor’s constant attention to facilitate the progress thereof and shall cooperate with the Eden Prairie Police Department in setting bench marks, etc., and in all other things that are necessary for satisfactory completion of the Project. 15.0 POLICE AND FIRE ALL-IN-ONE PROJECT COORDINATOR STATUS The City shall have a Project Coordinator for general supervision and direction of the Project. The Project Coordinator is the agent of the City only to the extent provided in the Contract Documents and as authorized by the law. The Project Coordinator has authority to stop the Project whenever such stoppage may be necessary to insure proper execution of the Contract. The Project Coordinator is recognized by both parties to the Contract as the interpreter of the Contract Documents. The Project Coordinator shall, within a reasonable time, make decisions on all claims of the City, or the Contractor, on all matters relating to the execution and progress of the Project, or the interpretation of the Contract Documents. The Project Coordinator shall decide any and all questions as to quality of the Project and shall decide all questions regarding the interpretations of Specifications relating to the work that is to be paid for under the Contract. Any work not specifically specified on the specifications and RFP documentation, but which may be fairly implied, or understood, as included in the Contract, shall be done by the Contractor without extra charge, and the Project Manager shall be permitted to make such corrections and interpretations as may be deemed necessary for Page | 40
  41. 41. the fulfillment to the extent of the RFP and Specifications. In the case of any discrepancy occurring between the RFP and specifications, the decision of the Project Coordinator is final. 16.0 ACCIDENT PREVENTION Precaution shall be exercised at all times for the protection of persons (including employees) and property. The safety provisions of applicable laws and codes shall be observed. All hazards shall be guarded in accordance with the then current State and Federal O.S.H.A. laws and regulations. 17.0 FAILURE TO COMPLETE WORK ON TIME (LIQUIDATED DAMAGES) The Contractor guarantees that it can and will complete the Project within the time limit stated in the RFP and Specifications, or within the time as extended as provided elsewhere in the Contract Documents. Inasmuch as the damage and loss to the City which will result from the failure of the Contractor to complete the work within the stipulated time, will be most difficult or impossible to accurately assess, the damage to the City for such delay and failure on the part of the Contractor shall be liquidated at a daily rate for each calendar day, Sundays and holidays excluded, by which the Contractor fails to complete the work or any part thereof in accordance with the provisions hereof. Such liquidated damages shall not be considered as a penalty but as the extra cost of field and office engineering and inspection. The City will deduct and retain out of any money due or that shall become due hereunder the amount of liquidated damages, and in case those amounts are less than the amount of liquidated damages the Contractor shall be liable to pay the difference upon demand. Permitting the Contractor to continue and finish the Project or any part of it after the time fixed for its completion, or after the date to which the time for completion may have been extended, shall in no way operate as a waiver on the part of the City of any of its rights under the Contract. Neither by the taking over of the Project or by the termination of the Contract by the City shall the City forfeit the right to recover liquidated damages from the Contractor or his Surety for failure to complete the Project or Contract. 18.0 DELAYS AND EXTENSION OF TIME If the Contractor is delayed at any time in the progress of the Project by any act or neglect of the City or Project Coordinator or any employee of either, or by any other contractor employed by the City, or by changes ordered in the Project, or by strike, fire, unusual delay in transportation, unavoidable casualties or other causes beyond the Contractor 's control, or by any cause which the Project Coordinator shall decide to justify the delay, then the time of completion shall be extended for such reasonable time as the City may decide, and the decision of the City shall be binding on both parties and shall not be arbitrary or unreasonable. No such extension shall be made for delay unless claim therefore is made in writing to the Project Coordinator within seven (7) days after the period of delay shall have commenced. The Contractor shall not be entitled to extension of time for each one of several causes of delay operative concurrently, but only for the actual period of delay. The Contractor shall have no claim for damages against the City for delay in performance of the Contract due to any act or omission of the City or any of its representatives, and Contractor’s sole remedy on account thereof shall be Contractor’s right to apply to the Project Coordinator for extension of time as provided herein. Page | 41

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