Request for Proposals

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Request for Proposals

  1. 1. City of Minneapolis BIS Request for Proposal Request for Proposals For Outgoing Broadcast Messaging System The City of Minneapolis Business Information Services Proposal Due Date: August 17, 2007 by 4:00 p.m.
  2. 2. City of Minneapolis BIS Request for Proposal Dear Respondent: The City of Minneapolis is soliciting proposals from qualified companies for an outgoing broadcast messaging system. The system will provide the means to reach citizens throughout the City of Minneapolis as well as City employees. Please consider submitting a proposal of your hosted solution. Review the attachment for details. Enclosed are the specifications necessary to complete this proposal. Please review these specifications carefully. All proposals are due in to the Procurement Division of the Finance Department no later than 4:00 p.m. on August 17, 2007. Specific submission instructions are highlighted under the “Submission of Proposal” heading of the RFP. The business proposal and price proposal must be submitted in separate packages. A soft copy should also be sent via e-mail with attachment to: Robert.Arko@ci.minneapolis.mn.us The City of Minneapolis is an equal opportunity purchaser. All interested and qualified vendors are encouraged to submit a proposal. Sincerely, Robert Arko City of Minneapolis Business Information Services Page 2 of 31
  3. 3. City of Minneapolis BIS Request for Proposal Table of Contents SECTION 1: INTRODUCTION………………………………………………………………………6 1.1 Project Overview......................................................................................................................... 6 1.2 Vision............................................................................................................................................ 6 1.3 Potential Uses .............................................................................................................................. 6 SECTION 2: BACKGROUND INFORMATION ............................................................................... 8 SECTION 3: PROJECT INFORMATION..………………………………………………………….9 3.1 Scope of Services – Hosted Solution .......................................................................................... 9 Vendor Selection...................................................................................................................................................9 3.2 Services......................................................................................................................................... 9 3.2.1 Voice messaging......................................................................................................................................9 3.2.2 Text messaging ......................................................................................................................................10 3.2.3 E-mail messaging...................................................................................................................................10 3.2.4 Notification lists.....................................................................................................................................10 3.2.5 Geo-coding ............................................................................................................................................11 3.2.6 Sign-up and opt-out databases ...............................................................................................................11 3.2.7 Digital voice files...................................................................................................................................11 3.2.8 Reporting ...............................................................................................................................................11 3.2.9 Solution activation .................................................................................................................................11 3.2.10 Integration with existing applications................................................................................................11 3.2.11 Implementation..................................................................................................................................12 3.2.12 Redundancy.......................................................................................................................................12 3.2.13 Training .............................................................................................................................................12 3.2.14 Length of Service ..............................................................................................................................12 3.2.15 Cell phone trend ................................................................................................................................12 3.3 Vendor Responsibilities ............................................................................................................ 12 3.4 ImplementatIon Project Management .................................................................................... 13 3.5 Acceptance Testing ................................................................................................................... 13 3.5.1 Pre-Implementation Acceptance Testing ...............................................................................................13 3.5.2 Post-Implementation Acceptance Testing .............................................................................................13 3.5.3 Problem Resolution ...............................................................................................................................13 3.6 Service Level Agreements and Remedies................................................................................ 14 SECTION 4: RFP SCHEDULE AND CONTACT INFORMATION…..………………………....15 4.1 RFP Schedule - Tentative ......................................................................................................... 15 4.1.1 Pre-proposal Conference........................................................................................................................15 4.1.2 Proposal Due Date and Location ...........................................................................................................15 4.1.3 Late Proposals........................................................................................................................................16 4.1.4 Department Contact ...............................................................................................................................16 4.1.5 Disqualification of Vendors...................................................................................................................16 4.1.6 Contract Negotiations ............................................................................................................................17 SECTION 5: PROPOSAL FORMAT AND SUBMITTALS……………..…………………...…....18 5.1 RFP Submittal........................................................................................................................... 18 5.2 Sealed Package .......................................................................................................................... 18 5.3 Transmittal Letter..................................................................................................................... 18 Page 3 of 31
  4. 4. City of Minneapolis BIS Request for Proposal 5.4 Detailed Proposal Requirements ............................................................................................. 19 5.4.1 Table of Contents...................................................................................................................................19 5.4.2 Section – Executive Summary ...............................................................................................................19 5.5 Section – Company Overview .................................................................................................. 19 5.6 Section – Experience and References ...................................................................................... 19 5.7 Section – Proposed Solution Overview.................................................................................... 20 5.8 Section – Response to Detail Requirements............................................................................ 20 5.9 Section – Exception to Specifications ...................................................................................... 20 5.10 Section – Additional Information ............................................................................................ 20 5.11 Section – Pricing........................................................................................................................ 20 SECTION 6: PROPOSAL EVALUATION AND SELECTION CRITERIA..……………...…....20 6.1 Proposal Evaluation and Selection Criteria ........................................................................... 20 6.1.1 evaluation Process .................................................................................................................................20 6.1.2 Evaluation and Selection Committee.....................................................................................................21 6.1.3 Evaluation Criteria.................................................................................................................................21 6.1.4 Proposal Evaluation ...............................................................................................................................21 6.1.5 Oral Presentation ...................................................................................................................................22 6.1.6 General information about Proposal Submission, Evaluation & Selection............................................22 6.1.7 Recommendation for Award..................................................................................................................23 SECTION 7: REQUEST FOR PROPOSAL GENERAL REQUIREMENTS.……………...…....24 7.1 City's Rights .............................................................................................................................. 24 7.2 Interest of Members of City ..................................................................................................... 24 7.3 Equal Opportunity Statement.................................................................................................. 24 7.4 Non-Discrimination................................................................................................................... 24 7.5 Disability Compliance Requirements...................................................................................... 24 7.6 Insurance ................................................................................................................................... 25 7.7 Hold Harmless ........................................................................................................................... 25 7.8 Assignment or Transfer of Interest ......................................................................................... 26 7.9 General Compliance ................................................................................................................. 26 7.10 Performance Monitoring.......................................................................................................... 26 7.11 Independent Contractor ........................................................................................................... 26 7.12 Accounting Standards............................................................................................................... 26 7.13 Retention of Records................................................................................................................. 26 7.14 Data Practices............................................................................................................................ 26 7.15 Inspection of Records................................................................................................................ 27 7.16 Living Wage Ordinance............................................................................................................ 27 7.17 Applicable Law.......................................................................................................................... 27 7.18 Conflict and Priority................................................................................................................. 27 Page 4 of 31
  5. 5. City of Minneapolis BIS Request for Proposal 7.19 Travel ......................................................................................................................................... 27 7.20 Billboard Advertising ............................................................................................................... 27 7.21 Conflict Of Interest/Code of Ethics ......................................................................................... 27 7.22 Termination ............................................................................................................................... 28 7.23 Ownership of Materials ............................................................................................................ 28 7.24 Intellectual Property ................................................................................................................. 28 7.25 Equal Benefits Ordinance ........................................................................................................ 30 7.26 Small & Underutilized Business Program (SUBP) Requirements ....................................... 30 SECTION 8: APPENDIX..................................................................................................................... 31 APPENDIX A - PROPOSAL PRICING……………………………………………………….. ....... 31 Page 5 of 31
  6. 6. City of Minneapolis BIS Request for Proposal Section 1: Introduction 1.1 Project Overview The purpose of this RFP is to select a vendor for an outgoing broadcast messaging system. This system will be a fully hosted solution that will be used to contact the residents and employees of the City of Minneapolis using multiple modes of alert; specifically: • Automated voice messaging • Text messaging • E-mail In addition, for staff notification, there must be the capability to register an acknowledgement from the employee as well as any critical information required (i.e. estimated time of arrival). The City expects to purchase a service that addresses the requirements outlined in this RFP. The City is seeking a provider who can offer an outgoing broadcast messaging system for a fee. The City desires a qualified provider to: • Provide notification list of Minneapolis residents and businesses • Provide a web-based mechanism for people to register unlisted phone numbers for alerts • Provide the messaging alert service • Provide ongoing maintenance on the system • Train City staff on use of the system • Utilize web-based technology to allow access to the system and databases For internal employee notification, we would anticipate 5-10 times per year of various size and scopes of notifications. Proposers must demonstrate a proven hosted solution meeting the requirements contained in this RFP. It is the City’s preference to have a single provider meet all expectations outlined in this request for proposal. Providers may engage in partnerships to meet the needs of the City. In the event that no one provider adequately meets the needs of the City (as determined by the City), this request for proposal may result in multiple contracts being awarded. It is the City’s preference that any solution proposed is already in place and operational in comparable governmental environments. 1.2 Vision The intent of this system is to be used as a community outreach vehicle via voice, text and e-mail transmissions for snow emergency notification, street cleaning, emergency response and other instances that demand public notification. Therefore, the City will need to have access to this system throughout the year on a 24/7 basis. 1.3 Potential Uses The City expects to use the hosted solution: Page 6 of 31
  7. 7. City of Minneapolis BIS Request for Proposal • Between two and six times per year for City-wide resident notification • Two times per year (100,000 to 120,000 calls per event) for targeted notification for street sweeping on a street by street basis over a 5 week period. • On average 5 times per year for a variety of targeted small scale notifications (for example, road closures, emergency response, storm clean-up, etc) with a range of 500 to 5,000 calls for each. • Other departments may use this solution on a smaller scale for customer service related issues and other unforeseen emergencies with a call volume of 20,000 from a neighborhood-specific to a city-wide notification. Page 7 of 31
  8. 8. City of Minneapolis BIS Request for Proposal Section 2: Background Information About the City of Minneapolis Minneapolis combines the Dakota word for water ("minne") with the Greek word for City ("polis”) a fitting name for a City with 18 of Minnesota's 12,034 lakes. Minneapolis is renowned for combining the best of urban life with the neighbors and quality of life found in smaller towns. Residents enjoy exciting cultural and recreational opportunities in beautiful natural surroundings. Minneapolis is the largest City in Minnesota and the center of finance, industry, trade, and transportation for the Upper Midwest. At 44.58-north latitude and 93.15-west longitude, Minneapolis is just west of St. Paul, its "Twin City". The City's area is 59 square miles (153 square kilometers), including five square miles (13 square kilometers) of inland water. Minneapolis is home to 382,618 people (2000) and is a part of Hennepin County. Minneapolis is well known for its concerned and active citizenry, and their partnerships with local, regional, and national government, and business, whose focus is to improve the quality of their neighborhoods. Page 8 of 31
  9. 9. City of Minneapolis BIS Request for Proposal Section 3: Project Information 3.1 Scope of Services – Hosted Solution The scope of service is a fully hosted solution that will be used to contact the residents and employees of the City of Minneapolis using multiple modes of alert; specifically, automated voice messaging, text messaging and e-mail. VENDOR SELECTION The finalist will be chosen based on: • Ease of solution’s use • Ability to meet the requirements of the RFP • Maintenance and support offering • Cost • Acceptance of City’s terms and conditions as attached The finalist may be asked to demonstrate the product. 3.2 Services 3.2.1 VOICE MESSAGING The vendor’s hosted solution must be able to transmit voice messages. Please explain how the vendor’s hosted solution functions regarding voice messaging as well as specifically addressing each capability below. a. Number of notifications per hour b. TTY/TDD capability (ability to reach hearing impaired) c. Ability to wait for outgoing answering machine or voice mail messages before leaving the recorded message d. Ability to call back after a specified period when a busy signal is received e. Ability to define a call back interval f. Ability to transmit to 800 mHz g. Ability to transmit multiple, simultaneous messages (e.g. one message sent to residents, one message sent to employees, one message sent to emergency response personnel) h. Ability to transmit messages in alternate languages (up to six languages) i. Ability to send alerts to alternate devices until message is received j. Ability for recipient to respond that message was received k. Alternate escalation – if Person A does not acknowledge receipt of message, system calls Person B. If Person B does not acknowledge receipt of message, system calls Person C, etc. l. Free call minutes for testing purposes Page 9 of 31
  10. 10. City of Minneapolis BIS Request for Proposal 3.2.2 TEXT MESSAGING The vendor’s hosted solution must be able to transmit text messages. Please explain how the vendor’s hosted solution functions with text messaging as well as specifically addressing each capability below. a. Number of notifications per hour b. Ability to transmit multiple, simultaneous messages (e.g. one message sent to residents, one message sent to employees, one message sent to emergency response personnel) c. Ability to transmit messages in alternate languages (up to six languages) d. Ability to send alerts to alternate devices until message is received e. Ability for recipient to respond that message was received f. Alternate escalation – if Person A does not acknowledge receipt of message, system calls Person B. If Person B does not acknowledge receipt of message, system calls Person C, etc. 3.2.3 E-MAIL MESSAGING The vendor’s hosted solution must be able to transmit e-mail messages. Please explain how the vendor’s hosted solution functions regarding e-mail messaging as well as specifically addressing each capability below. a. Number of notifications per hour b. Ability to reach the visually impaired c. Ability to confirm that the message has been read d. Ability to transmit multiple, simultaneous messages (e.g. one message sent to residents, one message sent to employees, one message sent to emergency response personnel) e. Ability to transmit messages in different fonts f. Ability to transmit messages in alternate languages (up to six languages) g. Ability to send alerts to alternate devices until message is received h. Ability for recipient to respond that message was received i. Alternate escalation – if Person A does not acknowledge receipt of message, system calls Person B. If Person B does not acknowledge receipt of message, system calls Person C, etc. 3.2.4 NOTIFICATION LISTS The vendor’s hosted solution should be able to accept, manage, and/or furnish notification lists. Please explain how the vendor’s hosted solution handles notification lists. Please give a general overview as well as address the following. a. Provision of notification lists (provided by vendor or City) for separate residential and business telephone listings. Describe: a. Source b. Accuracy b. Provision of comprehensive lists for only emergency broadcasts to all residents of the City c. Ability to expedite targeted lists d. Management of the list (City or vendor) e. Amount of advance notice needed for new lists to be added f. Manner of update – portal, database, etc. g. Ability to offer messages or addresses in alternate languages (up to six alternates) Page 10 of 31
  11. 11. City of Minneapolis BIS Request for Proposal h. Ability to establish lists for only phone message, only text message or only e-mail message or various combinations 3.2.5 GEO-CODING The City currently uses ESRI software to geo-code layers of data across the City. Please explain how the vendor’s hosted solution will handle the following. a. Ability to accept GIS layers from the City of Minneapolis b. Ability to match geographic coordinates or addresses with telephone numbers c. Ability to select specified geographic areas for notification 3.2.6 SIGN-UP AND OPT-OUT DATABASES The solution should provide residents with the ability to add alternative phone numbers (cell, work, etc.) and/or e-mail addresses for notifications. Customers should also have the ability to opt-out from databases. Please explain how the vendor’s hosted solution will handle the following. a. Ability to accept data files of existing sign-up and opt-out databases b. The solution must provide a web-based interface for individuals to sign-up or opt-out with cellular phones and numbers out of the local calling area. c. Suggest security measures to prevent individuals from signing up or deleting phone numbers that do not belong to them. d. Ability to allow residents to change their contact information e. Ability for individuals to opt-in for different notifications relating to subject matter (e.g. want messages regarding snow emergency but do not want message regarding trash removal) f. Ability to geo-code phone numbers that are newly added to the database to use for targeted notifications 3.2.7 DIGITAL VOICE FILES Please explain the hosted solution’s ability to accept digital voice files from the City of Minneapolis. Explain the solution’s ability for text to voice capability. 3.2.8 REPORTING The City is interested in gathering data pertaining to the notifications. Please explain how the vendor’s hosted solution will handle the following. a. Ability for real-time monitoring/reporting b. Ability to compile reports on who was contacted, who received the message, location of each call c. Ability to discern between cell phones versus land lines 3.2.9 SOLUTION ACTIVATION Please explain how the vendor’s hosted solution will be activated to initiate notifications. 3.2.10 INTEGRATION WITH EXISTING APPLICATIONS Please explain how (if at all) the vendor’s hosted solution has the following abilities. Page 11 of 31
  12. 12. City of Minneapolis BIS Request for Proposal a. Sync with the City’s existing applications (such as PeopleSoft HRIS and Financials) for internal notifications b. Receive content for messages composed in or by existing City applications / automated processes to compose and/or initiate a notification “send” instance 3.2.11 IMPLEMENTATION Please explain the implementation of the vendor’s hosted solution regarding the following. a. Equipment needed b. Format of content c. Special Connectivity d. Length of time to implement solution once contract has been awarded 3.2.12 REDUNDANCY Please explain the data center redundancy measures of the vendor’s hosted solution. 3.2.13 TRAINING The City needs staff training in the use of the vendor’s hosted solution. Please state how many hours of training will be provided by the vendor and address how new City staff will be trained after the implementation of the solution. Training materials and documentation are to be included in the cost of the solution. 3.2.14 LENGTH OF SERVICE The City is interested in engaging in a three year contract with two (1 year) options to renew at the sole option of the City at the first year contract price. 3.2.15 CELL PHONE TREND Due to the current trend of residents opting to use cell phones in place of land lines, please offer a suggestion on how to reach the part of the population that uses cell phones. 3.3 Vendor Responsibilities The Vendor shall be responsible for the following: 1. Full technical support on a 24/7 basis 2. Full training on use and features of the system for current and future City staff 3. Provide training materials and user guides 4. Help the City establish a link to a secure website for changes to sign-up and opt-out databases 5. The City of Minneapolis branding and confidentiality language on the sign-up and opt-out page or pages 6. Storage of all data 7. Accurate and complete list databases to include removal of redundant numbers, assuring numbers and addresses do not cross City limits, and keeping the lists current 8. Verification of system compliance with the Telephone Consumer Protection Act (TCPA) Page 12 of 31
  13. 13. City of Minneapolis BIS Request for Proposal 9. Ensuring that citizen opt-out requests are electronically removed or skipped in calling routines 10. Maintaining confidentiality on all provided and collected information and using it only for City of Minneapolis purposes with assurance that the information will not be distributed or sold to other parties 11. Absence of advertising on web pages that are accessed 12. Updating vendor maintained databases, lists, etc. 3.4 ImplementatIon Project Management The successful Vendor will name a project manager as a single point of contact for the project. This person must be empowered to authorize changes, and will be expected to escalate any problems or issues that cannot be immediately resolved by the on-site implementation project, such as scheduling, supervision, inspection, and status reporting. On site requirements for this person will be determined during the creation of the Statement of Work. The City will specify a project manager for this implementation project. This individual will provide a single point of contact for the Vendor, and will assist in coordinating work between the City of Minneapolis and the Vendor. Any disputes between the City of Minneapolis and the Vendor will be resolved by the City and a management representative of the Vendor who has the proper authority. Weekly status reports will be given by the Vendor’s project manager in writing, at a mutually agreed upon time after contract award or verbally whenever requested by the City of Minneapolis’ project manager. These status reports will recap work done and bring attention to anything that may cause a delay in completing implementation. 3.5 Acceptance Testing The City requires a full acceptance test plan before implementation. Vendor must propose an Acceptance Test Plan that shall identify tests required to validate that the hosted solution meets the requirements of the contract. Vendor should indicate the scope of testing required, as well as the time and resources that will be needed from the City to complete the testing. 3.5.1 PRE-IMPLEMENTATION ACCEPTANCE TESTING Vendors should define a schedule of pre-testing and on-site acceptance testing for their proposed solution that will be discussed and agreed to by the City. This testing schedule should cover all the elements set out within the statement of requirements. 3.5.2 POST-IMPLEMENTATION ACCEPTANCE TESTING Vendors should define a schedule of testing that will occur after the solution has been implemented to ensure that all elements of the solution are working as expected following implementation. 3.5.3 PROBLEM RESOLUTION The City will agree on change control, problem management and problem resolution with the Vendor. All problems found during testing should be resolved by the vendor, at no expense to the City. Vendors should agree to a payment system, should problem resolution delay Page 13 of 31
  14. 14. City of Minneapolis BIS Request for Proposal implementation. Damages caused by a failure to perform may include the cost in lost productivity that would be reasonably expected if the system was available. 3.6 Service Level Agreements and Remedies Vendors should provide a service level agreement and remedies for the hosted solution. Page 14 of 31
  15. 15. City of Minneapolis BIS Request for Proposal Section 4: RFP Schedule and Contact Information 4.1 RFP Schedule - Tentative The planned schedule of RFP events will help the vendor prepare its proposal. The key events and deadlines for the proposal process follows: Project Milestones Milestone Dates RFP Available to Vendors July 24, 2007 Vendor Pre-proposal Conference August 3, 2007 Questions Due from Vendors August 8, 2007 Responses to Questions Available August 10, 2007 Proposals Due August 17, 2007 Vendor Demonstrations Week of: September 10, 2007 Vendor Selection October 1, 2007 4.1.1 PRE-PROPOSAL CONFERENCE A non-mandatory pre-proposal conference will be held on August 3, 2007 from 11:00 a.m. to 12:00 p.m. The conference will be held at City Hall Room 333, 350 South Fifth Street; Minneapolis, MN 55415. 4.1.2 PROPOSAL DUE DATE AND LOCATION Deadline for Receipt of Proposals: August 17, 2007 by 4:00 p.m. Place of Submission: City of Minneapolis Procurement Division Towle Building, Room 552 330 Second Avenue South Minneapolis, MN 55401-2211 All proposals must be time stamped in the Procurement Division, by the specified date and time. It is the responsibility of the Vendor to clearly mark and identify all sections or content of the proposal that, in the Vendor’s opinion, contain trade secrets, confidential information, and other proprietary information. Trade secrets contained in the proposals shall not be open for public inspection at any time. All responses, proposals, and accompanying documentation except proprietary and intellectual property of the Vendor, shall become the property of the City of Minneapolis. If the proposal represents offerings to be made by different firms or organizations, the City will do business only with the Vendor and will require the Vendor’s organization to assume responsibility as the Prime Contractor for the total project. Power of Attorney authorizing agents or others to sign the proposal must be certified and notarized in writing. Page 15 of 31
  16. 16. City of Minneapolis BIS Request for Proposal 4.1.3 LATE PROPOSALS Proposals received by the Purchasing Agent after the time and date above are deemed to be late, and they may not be considered. Any proposal may be withdrawn prior to the above scheduled time for proposal receipt. 4.1.4 DEPARTMENT CONTACT During review of the RFP and preparation of proposals, Vendors may discover certain errors, omissions or ambiguities. If so, or if in doubt about the meaning of any part of this RFP, submit written questions to Robert Arko, the designated department contact Do not rely on oral instructions or clarifications. Please direct all questions in writing to: Robert.arko@ci.minneapolis.mn.us or the office of Robert Arko 127 City Hall 350 South 5th Street Minneapolis, MN 55415 Phone calls will not be accepted. Do not contact any other City employee or official regarding the RFP process. All questions concerning the RFP must reference the RFP page number, section heading, and paragraph. Questions must be concisely stated and be numbered in sequential order. All questions must be submitted by 12:00 p.m. Responses to all written questions will be sent to all known and interested Vendors. Questions submitted after the deadline will not be answered. During the proposal process, all contact between City staff and Vendors shall be coordinated through the designated representative with no exceptions. The City Purchasing Agent will make all necessary arrangements for direct contact with other City Departments, if required. If assumptions are made about the meaning or accuracy of any part of this RFP Vendors shall state that in the proposal. If the Vendor does not ask questions or clarify any assumptions, the City will assume the Vendor agrees with and understands the requirements and that the Vendor’s offering will meet those needs at the prices stated. 4.1.5 DISQUALIFICATION OF VENDORS Vendors may be disqualified for any of the following reasons: Failure to meet minimum qualifications Failure to abide by minimum requirements of the RFP as presented herein Reason to believe collusion exists among the Vendors Having defaulted on a previous contract, or having performed poorly on a previous contract Lack of competency skill, judgment, financial capability, integrity, reputation, reliability or responsibility to perform the work as revealed by the proposal, questionnaires, financial statement, performance history or other relevant information obtained by the City of Minneapolis Page 16 of 31
  17. 17. City of Minneapolis BIS Request for Proposal 4.1.6 CONTRACT NEGOTIATIONS Contract negotiations between parties will take place between the Vendor and the City. The City reserves and in its sole discretion may, but shall not be required to, exercise the following rights and options with respect to the contract negotiation and award process resulting from this RFP; The City reserves the right to enter into post-submission negotiations and discussions with any one or more Vendors regarding price, scope of services and/or any other term of their proposals, and such other contractual terms as the City may require, at any time prior to execution of a final contract. The City may, at is sole election, enter into simultaneous, competitive negotiations with multiple Vendors or negotiate with an individual Vendor. Negotiations with Vendors may result in the enlargement or reduction of the scope of services, or changes in other terms that are material to the RFP and the submitted proposals. In such event, the City shall not be obligated to inform other Vendors of the changes, or to permit them to revise their proposals in light thereof, unless the City, in its sole discretion, determines that doing so is in the City’s best interest. In the event negotiations with any Vendor(s) are not satisfactory to the City, the City reserves the right to discontinue such negotiations at any time; to enter into or continue negotiations with other Vendors; to enter negotiations or proposals for components of the CMS system, if any, that are deleted by the City from the successful proposal or the contract resulting from it. The City reserves the right not to enter into any contract with any Vendor, with or without re-issue of the RFP, if the City determines that such is in the City’s best interest. Page 17 of 31
  18. 18. City of Minneapolis BIS Request for Proposal Section 5: Proposal Format and Submittals 5.1 RFP Submittal Write the title of the RFP on front of the return envelope. The entire package (or individual copies or volumes, as desired) must be sealed and addressed to: City of Minneapolis Procurement Division Towle Building, Room 552 330 Second Avenue South Minneapolis, MN 55401-2211 Vendors must include the following information and documents in the following order: 1. Sealed package identified with the title “Outgoing Broadcast Messaging Proposal” 2. Sealed package of proposal price documents must be included separately 3. Transmittal letter signed by the appropriate authorities 4. Ten Sets of the Detailed Proposal and Required Forms plus the “Original” 5. CD Copy of the Proposal and Required Forms 6. Separate CD Copy containing the price proposal documents 5.2 Sealed Package Mark plainly on the outside of the package “Outgoing Broadcast Messaging Proposal”. Indicate the due date “August 17, 2007” on the package and clearly indicate a return address. Failure to do this may cause the proposal to be misplaced and not considered. For ease of handling and reference, please submit the proposal on 8-1/2” by 11” paper in a ring binder or other binding. It will help the evaluation and negotiation process if each page is numbered, including technical or marketing materials submitted with the proposal. The original, clearly marked “Original”, and 10 legible copies are required. Oral, telephonic or e-mail proposals will not be considered. Additionally, submit one electronic version of the proposal on a CD in Microsoft Word format or compatible format. The CD should be labeled “Outgoing Broadcast Messaging Proposal” with the Vendor’s name and be included in the sealed package with the hardcopy proposals. The pricing portion of the proposal should be contained in a separate sealed package and marked in the same manner. All responses, proposals, and accompanying documentation except proprietary and intellectual property of the Vendor, shall become the property of the City of Minneapolis. 5.3 Transmittal Letter Submit a letter on company letterhead, indicating the information included above (Title of the RFP and Date) and signed by an official who is authorized by and binding on the Vendor’s organization. The authorized official must certify that proposal will remain valid for 90 days from the date submitted, and that, upon award of contract; all prices shall be firm and valid for the duration of the contract. In addition, the transmittal letter shall indicate that the Vendor’s company agrees to be bound by the proposal included in the original proposal submission without modification. The letter should contain a brief statement of the Vendor’s understanding of the products and services the City is seeking to procure. Please provide the name, title, address, e-mail address, fax number and telephone number of the Vendor’s primary contact for the project. Page 18 of 31
  19. 19. City of Minneapolis BIS Request for Proposal 5.4 Detailed Proposal Requirements Vendors must organize their proposals as defined below to ensure consistency and to facilitate the evaluation of all responses. All the sections listed below must be included in the proposal, in the order presented with the Section Number listed. The required proposal sections are: 5.4.1 TABLE OF CONTENTS A table of contents providing a listing for each section of the proposal is required, including the Appendices and any additional material submitted. 5.4.2 SECTION – EXECUTIVE SUMMARY The executive summary should provide a concise summarization of the products and services being proposed to meet the City’s needs and why it is the solution the City should decide to implement. The Vendor should also summarize their qualifications and similar experience in similar sized operations and how this experience indicates the Vendor’s solution is suitable for the City of Minneapolis. 5.5 Section – Company Overview This section should provide information about the Vendor’s company, services, and corporate structure - including an organizational review, key contacts, and customer relations. This section must include the following information: 1. A brief description of the company 2. Company history 3. Current size of company 4. Company location 5. Length of time in business 6. Length of time providing type of service outlined in this proposal 7. Length of time in business with local government entities 8. Qualifications of the company to respond to this RFP 9. Description of the company’s involvement, if any, with setting of standards in areas relevant to this proposal 10. Names, addresses, telephone numbers, email addresses of principal company contacts for this RFP response NOTE: Vendor background provided must apply to the company that is seeking the contract award, not Vendor’s parent company, subsidiary, supplier, or agent. If partnering with another company, background must be supplied for both companies. 5.6 Section – Experience and References Provide at least three references where the proposed solution is in operation. References must include: • Contact Name • Contact Address • Contact Telephone Number • Contact E-mail Address Page 19 of 31
  20. 20. City of Minneapolis BIS Request for Proposal 5.7 Section – Proposed Solution Overview A brief description of the proposed solution must be provided so the Evaluation and Selection Committee can gain a basic understanding of the standard capabilities of the solution. System strengths and weaknesses should be clearly noted. 5.8 Section – Response to Detail Requirements This section must include the responses to the detail requirements specified in Section 3.2 - Services. The response forms will differ depending upon the requirements chapter being responded to. In most cases the response will indicate how the Proposer meets the requirements. The response must include any exceptions, conditions, qualifications, or alternatives for meeting the specified requirements. 5.9 Section – Exception to Specifications Although the specifications in the requirements section represent the City’s anticipated needs, there may be instances in which it is in the City’s best interest to permit exceptions to specifications and accept alternatives. It is extremely important that Proposers make very clear where an exception is taken to the specifications and how alternatives will be provided. Therefore, exceptions, conditions, or qualifications to the provisions of the City’s specifications must be clearly identified as such, together with the reasons, and inserted in this section of the proposal. If the Proposer does not make it clear that an exception is taken, the City will assume the proposal is responding to and will meet the specification as written. 5.10 Section – Additional Information All additional information the Proposer deems as pertinent to their proposal must be included in this section. 5.11 Section – Pricing The Proposer must provide detailed descriptions of the solution to be delivered as part of this contract. All costs to the City must be specified in Appendix A. The schedule shall include all solution costs. The City will not pay any costs associated with the preparation, transmittal, or presentation of any proposals or material submitted in response to this RFP. Section 6: Proposal Evaluation and Selection Criteria 6.1 Proposal Evaluation and Selection Criteria The City will conduct a comprehensive, fair and impartial evaluation of all proposals received in response to this RFP received by the proposal due date and time specified in this request. The successful Vendor will be selected on the basis of a comprehensive solution, pricing, and implementation plan as defined in this section. 6.1.1 EVALUATION PROCESS Each proposal received will first be reviewed in a pre-evaluation process to determine responsiveness and completeness of the proposal, and that the Vendor meets the minimum requirements of the project. Page 20 of 31
  21. 21. City of Minneapolis BIS Request for Proposal Proposals that meet the minimum requirements listed below will be included in the full evaluation process. If any of the minimum RFP requirements are not met by the Vendor or not stated in their proposal, the Vendor’s proposal will be rejected and not considered in the evaluation process. 6.1.2 EVALUATION AND SELECTION COMMITTEE Members of the Minneapolis Public Works Department, Communications Department, Business Information Services (BIS) Department and any other departments deemed necessary by the City, will serve as an Evaluation and Selection Committee. The Evaluation and Selection Committee will determine the responsiveness and acceptability of each proposal, evaluate each proposal in the respective functional and technical architecture, training, implementation and support areas according to the pre-established criteria described below and develop an overall ranking. 6.1.3 EVALUATION CRITERIA The criteria upon which evaluation of the proposals will be based include, but are not limited to the following: The ability of the proposer to provide a hosted solution that transmits voice, text and e-mail messages as described in this RFP References from persons knowledgeable of the proposer’s ability to fulfill the terms of the contract Economic feasibility and justification of all costs General and financial stability of the company and years in business Vendor willingness and ability to negotiate a contract acceptable to the City of Minneapolis Quality of the proposal and demonstrations (if required) Ability for the vendor to provide quality training and documentation S.U.B.P. compliance (if applicable) and insurance requirements Willingness to renew contract for additional optional years The evaluation panel reserves the right to reject any or all proposals should they be deemed unsatisfactory or to conclude that there are no satisfactory proposals and discontinue evaluations. The City of Minneapolis reserves the right to determine the best proposal submitted in the interest of the City. 6.1.4 PROPOSAL EVALUATION Each proposal will be evaluated in each of the major categories listed above. The evaluation process will be used to determine the short list of vendors who qualify for further evaluation. The City, in its sole discretion, may require a Vendor to make a presentation of its proposal to the Selection Committee in City offices, at no cost to the City, addressing its ability to satisfy the requirements for this RFP. However, the City shall not be required to permit any Vendor to make such a demonstration. The information provided in the presentation will be used in addition to the information provided by the proposal to evaluate the product fit, completeness of the solution, and the vendor qualifications. Cost to the City is a material factor, but not the sole or necessarily the determining factor in Proposal evaluation. The City may, in its sole discretion, award a contract resulting from this RFP to a person or entity other than the responsible and qualified Vendor submitting the lowest price. The contract will be awarded to the Vendor whose proposal the City determines, in its sole discretion, is the most advantageous to the City and in the City’s best interest. Proposal evaluation will include assessment of the Vendor’s qualifications, technical solutions, cost proposals, and such other information and investigations as the City deems necessary and appropriate. The City in its sole discretion, may, but shall not be required to, reject without further consideration the proposal of any Vendor that has not demonstrated, in the City’s sole judgment, that it satisfies the Page 21 of 31
  22. 22. City of Minneapolis BIS Request for Proposal qualifications criteria provided in the Proposal Format and Submittals section of this RFP. The City reserves the right, in its sole discretion and without notice to Vendors, to modify this evaluation procedure as it may deem to be in the City’s interest. 6.1.5 ORAL PRESENTATION Selected Vendors may be invited to make an on-site demonstration and presentation of the proposed solutions. Oral presentations will be considered part of the Vendor’s offering. Prior to the on-site demonstrations selected vendors will be provided with an agenda. Selection of Reasonably Qualified Proposals The City will review the proposals submitted by all Vendors. On the basis of the relative importance of the price and other evaluation factors as listed in this section, the City will determine which proposals are reasonably qualified. The City may, at any time, investigate a Vendor’s ability to perform the work. The City may ask for additional information about a company and its work on previous contracts. Vendors may choose not to submit information in reply to the City’s requests; however, if failure to submit such information does not clarify the City’s questions concerning the ability to perform, the City may discontinue further consideration of a particular proposal. Please be aware that the City may use sources of information not supplied by the Vendor concerning the abilities to perform this work. Such sources may include, for instance, current or past customers of the organization; current or past suppliers; articles from trade magazines; news releases and related publications; articles from other published sources such as industry newsletters or from non-published sources made available to the City. 6.1.6 GENERAL INFORMATION ABOUT PROPOSAL SUBMISSION, EVALUATION & SELECTION The City reserves the right, in its sole discretion, to reject all proposals and reissue this RFP at any time prior to execution of a final contract; to require, in any RFP for similar products and/or services that may be issued subsequent to this RFP, terms and conditions that are substantially different from the terms and conditions set forth in this RFP; and/or to cancel this RFP with or without issuing another RFP. The City reserves and in its sole discretion may, but shall not be required to, exercise the following rights and options with respect to the proposal submission, evaluation and selection process under this RFP. To reject any proposals if, in the City’s sole discretion, the proposal is incomplete, the proposal is not responsive to the requirements of this RFP, the Vendor does not meet the qualifications set forth in the RFP, or it is otherwise in the City’s best interest to do so To supplement, amend, substitute or otherwise modify this RFP at any time prior to selection of one or more Vendors for negotiation and to cancel this RFP with or without issuing another RFP To accept or reject any or all of the items in any proposal and award the contract(s) in whole or in part if it is deemed in the City’s best interest to do so To reject the proposal of any Vendor that, in the City’s sole judgment, has been delinquent or unfaithful in the performance of any contract with the City or with others, is financially or technically incapable or is otherwise not a responsible Vendor To reject as information, non-responsive or otherwise non-compliant with the requirements of this RFP any Proposal which, in the City’s sole judgment, is incomplete, is not in conformity with applicable law, is conditioned in any way that is unacceptable to the City, deviates from this RFP and its requirements, contains erasures, ambiguities, or alterations, or proposes or requires items of work not called for by this RFP Page 22 of 31
  23. 23. City of Minneapolis BIS Request for Proposal To waive any informality, defect, non-responsiveness and/or deviation from this RFP and its requirements that is not, in the City’s sole judgment, material to the proposal To permit or reject at the City’s sole discretion, amendments (including information inadvertently omitted), modifications, alterations and/or corrections of proposals by some or all of the Vendors following proposal submission To request that some or all of the Vendors modify proposals based upon the City’s review and evaluation To request additional or clarifying information or more detailed information from any Vendor at any time; before or after proposal submission, including information inadvertently omitted by the Vendor To inspect and otherwise investigate projects performed by the Vendor, whether or not referenced in the proposal, with or without the consent of or notice to the Vendor To conduct such investigations with respect to the financial, technical, and other qualifications of each Vendor as the City, in its sole discretion, deems necessary or appropriate To waive and/or amend any of the factors identified in Section 5 Proposal Format and Submittals and elsewhere in this RFP as pertaining to the Vendor’s qualifications 6.1.7 RECOMMENDATION FOR AWARD The Evaluation and Selection Committee will recommend that award be made to the responsible Vendor whose best and final offer is determined by the City to be the most advantageous to the City taking into consideration the relative importance of price and other evaluation factors. Page 23 of 31
  24. 24. City of Minneapolis BIS Request for Proposal Section 7: Request for Proposal General Requirements The General Requirements are terms and conditions that the City expects all of its contractors to meet. By proposing, the Proposer agrees to be bound by these requirements unless otherwise noted in the Proposal. The Proposer may suggest alternative language to any section. Some negotiation is possible to accommodate Proposer's suggestions. 7.1 City's Rights The City reserves the right to reject any or all proposals or parts of proposals, to accept part or all of proposals on the basis of considerations other than lowest cost, and to create a project of lesser or greater expense and reimbursement than described in the Request for Proposal, or the respondent's reply based on the component prices submitted. 7.2 Interest of Members of City The Contractor agrees that no member of the governing body, officer, employee or agent of the City shall have any interest, financial or otherwise, direct or indirect, in the Contract. 7.3 Equal Opportunity Statement Contractor agrees to comply with the provisions of all applicable federal, state and City of Minneapolis statutes, ordinances and regulations pertaining to civil rights and nondiscrimination including, without limitation, Minnesota Statutes, Section 181.59 and Chapter 363A, and Minneapolis Code of Ordinances, Chapter 139, incorporated herein by reference. 7.4 Non-Discrimination The contractor will not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, se, national origin, affection preference, disability, age, marital status or status with regard to public assistance or as a disabled veteran or veteran or the Vietnam era. Such prohibition against discrimination shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. If required by the City, the Contractor shall agree to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City, setting forth this nondiscrimination clause. In addition, the Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, creed, religion, ancestry, sex, national origin, affectional preference, disability, age, marital status or status with regard to public assistance or status as disabled veteran or veteran of the Vietnam eras, 1991 Gulf and current Afghanistan and Iraq wars, and comply in all other aspects with the requirements of the Minneapolis Code of Ordinances, Chapter 139. 7.5 Disability Compliance Requirements All Contractors hired by the City of Minneapolis are required to abide by the regulations of the U.S. Americans with Disabilities Act of 1990 (ADA) which prohibits discrimination against individuals with disabilities. The Contractor will not discriminate against any employee or applicant for employment because of their disability and will take affirmative action to ensure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, promotion, demotion, transfer, recruitment or recruitment advertising, layoff, discharge, compensation and fringe benefits, classification, referral and training. The ADA also requires Contractors associated with the City to provide qualified applicants and employees with disabilities with reasonable Page 24 of 31
  25. 25. City of Minneapolis BIS Request for Proposal accommodation that does not impose undue hardship. Contractors also agree to post in a conspicuous place, accessible to employees and applicants, notices of their policy on non-discrimination. The above requirements also apply to the Minnesota Human Rights Act, Minnesota Statutes Chapter 363A. In the event of the Contractor's noncompliance with the non-discrimination clauses of this Contract, this Contract may be canceled, terminated, or suspended, in whole or part, and the Contractor may be declared ineligible by the Minneapolis City Council from any further participation in City Contracts in addition to other remedies as provided by law. 7.6 Insurance Insurance secured by the Contractor shall be issued by insurance companies acceptable to the City and admitted in Minnesota. The insurance specified may be in a policy or policies of insurance, primary or excess. Such insurance shall be in force on the date of execution of the Contract and shall remain continuously in force for the duration of the Contract. The Contractor and its sub-contractors shall secure and maintain the following insurance: (a) Workers Compensation insurance that meets the statutory obligations with Coverage B- Employers Liability limits of at least $100,000 each accident, $500,000 disease - policy limit and $100,000 disease each employee. (b) Commercial General Liability insurance with limits of at least $2,000,000 general aggregate, $2,000,000 products - completed operations $2,000,000 personal and advertising injury, 100,000 each occurrence fire damage and $10,000 medical expense any one person. The policy shall be on an "occurrence" basis, shall include contractual liability coverage and the City shall be named an additional insured. (c) Commercial Automobile Liability insurance covering all owned, non-owned and hired automobiles with limits of at least $500,000 per accident. (d) Professional Liability Insurance or Errors & Omissions insurance providing coverage for 1) the claims that arise from the errors or omissions of the Contractor or its sub-contractors and 2) the negligence or failure to render a professional service by the Contractor or its sub-contractors. The insurance policy should provide coverage in the amount of $2,000,000 each occurrence and $2,000,000 annual aggregate. The insurance policy must provide the protection stated for two years after completion of the work. Acceptance of the insurance by the City shall not relieve, limit or decrease the liability of the Contractor. Any policy deductibles or retention shall be the responsibility of the Contractor. The Contractor shall control any special or unusual hazards and be responsible for any damages that result from those hazards. The City does not represent that the insurance requirements are sufficient to protect the Contractor's interest or provide adequate coverage. Evidence of coverage is to be provided on a City- approved Insurance Certificate. A thirty (30) day written notice is required if the policy is canceled, not renewed or materially changed. The Contractor shall require any of its subcontractors, if sub-contracting is allowable under this Contract, to comply with these provisions. 7.7 Hold Harmless The Contractor agrees to defend, indemnify and hold harmless the City, its officers and employees, from any liabilities, claims, damages, costs, judgments, and expenses, including reasonable attorney's fees, resulting directly or indirectly from any negligent act or omission of the Contractor, its employees, its agents, or employees of subcontractors, in the performance of the work or services provided by or through this Contract or by reason of the failure of the Contractor to fully perform, in any respect, any of its obligations under this Contract. If a Contractor is a self-insured agency of the State of Minnesota, the terms and conditions of Minnesota Statutes, section 3.732 et seq. shall apply with respect to liability bonding, insurance and liability limits. The provisions of Minnesota Statutes, Chapter 466 shall apply to other political subdivisions of the State of Minnesota. Page 25 of 31
  26. 26. City of Minneapolis BIS Request for Proposal 7.8 Assignment or Transfer of Interest The Contractor shall not assign any interest in the Contract, and shall not transfer any interest in the same either by assignment or novation without the prior written approval of the City, provided, however, that claims for money due or to income due to the Contractor may be assigned to a bank, trust company or other financial institution, or to a Trustee in Bankruptcy without such approval. Notice to any such assignment or transfer shall be furnished to the City. The Contractor shall not subcontract any services under this Contract without prior written approval of the City Department Contract Manager designated herein. 7.9 General Compliance The Contractor agrees to comply with all applicable Federal, State and local laws and regulations governing funds provided under this Contract. 7.10 Performance Monitoring The City will monitor the performance of the Contractor against goals and performance standards required herein. Substandard performance as determined by the City will constitute non-compliance with this Contract. If action to correct such substandard performance is not taken by the Contractor within a reasonable period of time after being notified by the City, Contract termination procedures will be initiated. All work submitted by Contractor shall be subject to the approval and acceptance by the City Department Contract Manager designated herein. The City Department Contract Manager designated herein shall review each portion of the work when certified as complete and submitted by the Contractor and shall inform the Contractor of any apparent deficiencies, defects, or incomplete work, at any stage of the project. 7.11 Independent Contractor Nothing contained in this Contract is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. The Contractor shall at all times remain an independent contractor with respect to the work and/or services to be performed under this Contract. Any and all employees of Contractor or other persons engaged in the performance of any work or services required by Contractor under this Contract shall be considered employees or sub-contractors of the Contractor only and not of the City; and any and all claims that might arise, including Worker's Compensation claims under the Worker's Compensation Act of the State of Minnesota or any other state, on behalf of said employees or other persons while so engaged in any of the work or services to be rendered or provided herein, shall be the sole obligation and responsibility of Contractor. 7.12 Accounting Standards The Contractor agrees to maintain the necessary source documentation and enforce sufficient internal controls as dictated by generally accepted accounting practices to properly account for expenses incurred under this Contract. 7.13 Retention of Records The Contractor shall retain all records pertinent to expenditures incurred under this Contract for a period of six years after the resolution of all audit findings, with the exception that such records shall be kept for a period of ten years after both the terms of a monitoring agreement have been fulfilled and all audit findings have been resolved for abatement programs. Records for non-expendable property acquired with funds under this Contract shall be retained for six years after final disposition of such property. 7.14 Data Practices The Contractor agrees to comply with the Minnesota Government Data Practices Act and all other applicable state and federal laws relating to data privacy or confidentiality. The Contractor must Page 26 of 31
  27. 27. City of Minneapolis BIS Request for Proposal immediately report to the City any requests from third parties for information relating to this Contract. The City agrees to promptly respond to inquiries from the Contractor concerning data requests. The Contractor agrees to hold the City, its officers, and employees harmless from any claims resulting from the Contractor’s unlawful disclosure or use of data protected under state and federal laws. All Proposals shall be treated as non-public information until the Proposals are opened for review by the City. At that time, the names of the responders become public data. All other data is private or non-public until the City has completed negotiating the Contract with the selected Contractor. At that time, the Proposals and their contents become public data under the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 and as such are open for public review. 7.15 Inspection of Records All Contractor records with respect to any matters covered by this Contract shall be made available to the City or its designees at any time during normal business hours, as often as the City deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. 7.16 Living Wage Ordinance The Contractor may be required to comply with the “Minneapolis Living Wage and Responsible Public Spending Ordinance” Chapter 38 of the City’s Code of Ordinances (the “Ordinance”) (http://www.ci.minneapolis.mn.us/procurement/Ch38LivingWage.pdf). Unless otherwise exempt from the ordinance as provided in Section 38.40 (c), any City contract for services valued at $100,000 or more or any City financial assistance or subsidy valued at $100,000 or more will be subject to the Ordinance’s requirement that the Contractor and its sub-contractors pay their employees a “living wage” as defined and provided for in the Ordinance. 7.17 Applicable Law The laws of the State of Minnesota shall govern all interpretations of this Contract, and the appropriate venue and jurisdiction for any litigation which may arise hereunder will be in those courts located within the County of Hennepin, State of Minnesota, regardless of the place of business, residence or incorporation of the Contractor. 7.18 Conflict and Priority In the event that a conflict is found between provisions in this Contract, the Contractor's Proposal or the City's Request for Proposals, the provisions in the following rank order shall take precedence: 1) Contract; 2) Proposal; and last 3) Request for Proposals (only for Contracts awarded using RFP). 7.19 Travel If travel by the Contractor is allowable and approved for this Contract, then Contractor travel expenses must be reimbursed in accordance with the Contractor Travel Reimbursement Conditions, available from the City. 7.20 Billboard Advertising City Code of Ordinance 109.470, prohibits the use of City and City-derived funds to pay for billboard advertising as a part of a City project or undertaking. 7.21 Conflict Of Interest/Code of Ethics By signing this Contract, the Contractor agrees that it will not represent any other party or other client which may create a conflict of interest in its representation with the City. If the Contractor is unclear if a conflict of Page 27 of 31
  28. 28. City of Minneapolis BIS Request for Proposal interest exists, the Contractor will immediately contact the City department Contract manager and ask for an interpretation. Contractor agrees to comply with the City's Code of Ethics, City Code of Ordinances, Chapter 15. Contractor certifies that to the best of its knowledge all City employees and officers participating in this Contract have also complied with that Ordinance. It is agreed by the Parties that any violation of the Code of Ethics constitutes grounds for the City to void this Contract. All questions relative to this section shall be referred to the City and shall be promptly answered. 7.22 Termination The City may cancel this Contract for any reason without cause upon thirty (30) days written notice. Both the City and the contractor may terminate this Contract if either party fails to fulfill its obligations under the Contract in a proper and timely manner, or otherwise violates the terms of this Contract. The non- defaulting party shall have the right to terminate this Contract, if the default has not been cured after ten (10) days written notice has been provided. If termination shall be without cause, the City shall pay Contractor all compensation earned to the date of termination. If the termination shall be for breach of this Contract by Contractor, the City shall pay Contractor all compensation earned prior to the date of termination minus any damages and costs incurred by the City as a result of the breach. If the Contract is canceled or terminated, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports or other materials prepared by the Contractor under this Contract shall, at the option of the City, become the property of the City, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City as a result of any breach of this Contract by the Contractor. The City may, in such event, withhold payments due to the Contractor for the purpose of set-off until such time as the exact amount of damages due to the City is determined. The rights or remedies provided for herein shall not limit the City, in case of any default by the Contractor, from asserting any other right or remedy allowed by law, equity, or by statute. 7.23 Ownership of Materials All finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports or other materials resulting from this Contract shall become the property of the City upon final approval of the final report or upon request by the City at any time before then. The City may use, extend, or enlarge any document produced under this Contract without the consent, permission of, or further compensation to the Contractor. 7.24 Intellectual Property Unless the contractor is subject to one or more of the intellectual property provisions in sub-section (a), (b) or (c) below, the City owns all rights, title, and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trademarks, and service marks in any “Work” created, in progress, produced or completed and paid by this Contract. Work covered includes inventions, improvements, discoveries, databases, computer programs, reports, notes, studies, photographs, negatives, designs, drawings, specifications, materials, tapes, or other media. All Work under this Contract will be the exclusive property of the City and will be surrendered to the City immediately upon completion, expiration, or cancellation of this Contract. The Contractor represents and warrants that the Work does not and will not infringe upon any intellectual property rights of other persons or entities. Page 28 of 31
  29. 29. City of Minneapolis BIS Request for Proposal (a) For Artwork: The City shall possess and own the Public Artwork to be provided by the Contractor. The Contractor retains all other rights provided through the Copyright Act of 1976, 17 U.S.C. Section 101 et. seq. to the Public Artwork. Since the artistic designs leading up to and including the final design and dimension of the Public Artwork are unique, the Contractor shall not make any additional, exact duplicate reproductions of the final design and dimension, nor shall the Contractor grant to a third party, the right to replicate the artistic designs and dimensions of the Public Artwork, without the written permission of the City. The Contractor grants to the City and its successors or assigns, an irrevocable license to make two- dimensional reproductions of the Public Artwork and the final designs to be used in brochures, media, publicity and catalogs or other similar, non-profit publications. The Public Artwork and designs developed under this contract shall be the exclusive property of the City and will be surrendered to the City upon the completion of the Public Artwork or upon the cancellation, termination or expiration of this Contract. If the Pubic Artwork prepared under this Contract is work or service provided by the Contractor using a proprietary system for which the Contractor has proprietary rights, then the City will not own or claim the Public Artwork as the City’s exclusive property. The Contractor represents and warrants that said work or service does not and will not infringe upon the proprietary or any intellectual property rights of any other persons or entities. (b) For Licensed Software: Contractor retains ownership, intellectual property rights and title to its software. Contractor also retains proprietary rights to documentation, manuals and related documents associated with its software. Contractor also retains ownership, title and interest in all intellectual property rights, including copyrights, patents, trade secrets, trademarks and service marks in any “work” created, produced or completed as a result of this Agreement. “Work” shall be limited to inventions, improvements, discoveries, computer programs or specifications developed as a result of the City’s receipt of the license key or the access code to, and installation of the software. All rights of the City to use the software are indicated with particularity in the “License and Maintenance Agreement” between the Contractor and the City, attached hereto and made a part of this Contract. Any additional terms or conditions regarding intellectual property rights, ownership rights confidentiality and indemnification shall be in accordance with the License and Maintenance Agreement. The City understands and agrees that upon the expiration or termination of this Contract, the Contractor will cancel the license key or access code and the software will be disabled or removed. Contractor recognizes and agrees that reports, data, diagrams and other results and outcomes from the City’s use of the software and the information and data entered into the software by the City is retained by the City as its property. (c) For specifically commissioned development of intellectual technology: Subject to sub-paragraph (i), “Pre-existing Technology” below, the City will own all right, title and interest in and to any “work” that is specifically commissioned for development under this Contract. Subject to the ownership rights in the preceding sentence and in the pre-existing technology paragraph below, the Contractor will retain property rights to all “know-how”, data processing techniques, software documentation, diagrams, specifications, schematics or blueprints developed by the Contractor. The Contractor grants the City a perpetual, non-exclusive, non-transferable license to use any of the foregoing for its internal purposes. Page 29 of 31
  30. 30. City of Minneapolis BIS Request for Proposal (i) Pre-existing Technology: Each party acknowledges and agrees that each party is the sole and exclusive owner of all right, title, and interest in and to its services, products, software, source and object code, specifications, designs, techniques, concepts, improvements, discoveries and inventions including all intellectual property rights thereto, including without limitations any modifications, improvements, or derivative works thereof, created prior to, or independently, during the terms of this Contract. This Contract does not affect the ownership of each party’s pre-existing, intellectual property. Each party further acknowledges that it acquire no rights under this Contract to the other party’s pre- existing, intellectual property, other than any limited right explicitly granted in this Contract. (ii) Data-Ownership: The City is the sole owner of all information, data, algorithms, policies or programs used by the Contractor in designing, developing and producing the “Work” that is the subject of this Contract. (iii) Further Assurances: Each party agrees to cooperate with the other party and take all reasonable actions required to vest and secure in such party all ownership rights, including all intellectual property rights as may be indicated in this Contract. 7.25 Equal Benefits Ordinance Minneapolis Code of Ordinances, Section 18.200, relating to equal benefits for domestic partners, applies to each contractor and subcontractor with 21 or more employees that enters into a “contract”, as defined by the ordinance that exceeds $100,000. The categories to which the ordinance applies are personal services; the sale or purchase of supplies, materials, equipment or the rental thereof; and the construction, alteration, repair or maintenance of personal property. The categories to which the ordinance does not apply include real property and development contracts. Please be aware that if a “contract”, as defined by the ordinance, initially does not exceed $100,000, but is later modified so the Contract does exceed $100,000, the ordinance will then apply to the Contract. A complete text of the ordinance is available at: http://www.ci.minneapolis.mn.us/procurement/docs/equal_benefits_ordinance.pdf. It is the Contractor’s and subcontractor’s responsibility to review and understand the requirements and applicability of this ordinance. 7.26 Small & Underutilized Business Program (SUBP) Requirements The selected proposer must comply with the Small & Underutilized Business Enterprise Program (SUBP), as detailed in Chapter 423 of the Minneapolis Code of Ordinances. The SUBP Ordinance applies to any construction/development project, in excess of one hundred thousand dollars ($100,000), and any contract for the provision of goods and services in excess of fifty thousand dollars ($50,000). Should the respondent find an opportunity to contract or partner with other business concerns to complete portions of the task solicited, we ask that they would entertain contracts with businesses owned by women or minority persons. Such business arrangements and dollar amounts should be identified in the proposal. Documented efforts and results will be considered favorably during the review and selection process. For more information on locating certified businesses you may contact the CERT web site at www.govcontracts.org or by calling 612 673-3012. Section 8: Appendix A: Proposal Pricing Page 30 of 31
  31. 31. City of Minneapolis BIS Request for Proposal Pricing must address two topics. The first topic is the general pricing structure of the proposed solution. The second topic is applying the pricing structure of the solution to a “pricing scenario”. 8.1 Pricing Structure Please explain the pricing structure of the proposed solution. Include all fees associated with your solution (hosting charges, flat fees, per call fees, etc.) All pricing related documents must be contained in separate documentation from the main proposal. 8.2 Pricing Scenario This scenario may be typical of the volume of notifications in which the City anticipates will occur, but in no way guarantees the City to the specified amount of notifications outlined in the scenario. Scenario: In the course of one full year, the City may need to send messages for the following situations: Four snow emergencies with 100,000 calls per snow emergency. Each emergency notification needs to reach the residents of the City expediently. Two street cleaning initiatives. Each initiative is over a five week period and consists of 100,000 calls. Seven voice and text notifications. Text messaging consists of two things: sending messages via e- mail and text messaging to cell phones. Each notification will be broadcast to 600 internal employees. Page 31 of 31

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