City of Missoula, Montana. Request for Proposals. for. Missoula Police Department Scheduling Software

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City of Missoula, Montana Request for Proposals

for

Missoula Police Department Scheduling Software

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Table of Contents

Contents

Section 1: General Information ... 3

RFP Schedule ... 3

Section 2: Project Objectives ... 3

Section 3: Information for Suppliers ... 3

Disclaimer ... 3

Instructions to Proposers ... 4

Proposal Modifications ... 4

Certification of Alteration or Erasure ... 4

Signature ... 4 Withdrawal of Proposals ... 4 Quote Valid ... 4 Certification ... 4 Insurance Requirements ... 5 RFP Submission ... 5

Vendor Responsible for Proposal Costs ... 5

Questions ... 5

Section 4: RFP Evaluation and Selection Processes ... 5

Phase 1: Initial Evaluation ... 5

Phase 2: Evaluation ... 5

Phase 3: On Site Evaluation ... 5

Phase 4 Cost Competitiveness and Selection... 6

Section 5: Scope of Work ... 6

Introduction and Scope of Project ... 6

Background ... 6

General and Desired Enhancements and Services to be provided ... 6

Section 6. Proposal Contents ... 6

Letter of Introduction ... 6

Insurance Requirements ... 7

Legal Issues ... 7

Additional Information and Submittal Requirements ... 7

Attachment A--Proposal Response Requirements ... 8

Attachment B--Standard Terms and Conditions ... 14

Attachment C--Pricing Requirements ... 17

Attachment D--Conditions and Non-Collusion Form ... 18

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Section 1: General Information

RFP Schedule

Item Due date and time*

RFP issue date: October 1, 2012

Intent to respond form (Attachment E) due: October 31, 2012 5:00 PM

RFP due November 15, 2012 5:00 PM

* All times listed are Mountain Standard Time.

All suppliers must respond in detail to each element of this RFP in order to be considered for a contract award.

Six hard copies of the proposal and 1 electronic copy should be mailed or delivered to the address below. One copy of the Price Form (Attachment C) enclosed in a sealed envelope that is separate from the RFP responses and shall be labeled “Price Form” on the outside of the envelope.

Send completed RFP responses to: Marty Rehbein, CMC, City Clerk City Clerk Office

City of Missoula 435 Ryman St. Missoula, MT 59802

For any questions relating to the RFP, please contact: Mike Brady, Assistant Chief of Police

Police Department City of Missoula 435 Ryman St. Missoula, MT 59802 mbrady@ci.missoula.mt.us

Section 2: Project Objectives

This RFP is issued by City of Missoula for the purpose of obtaining scheduling software for use by the City of Missoula Police Department, City Attorney’s Office and Missoula Municipal Court.

It is the intent of the City of Missoula to review and assess the RFP responses to determine if the response from solicited suppliers can meet the needs of the City of Missoula.

Suppliers are expected to provide their best and most competitive proposal.

Attachment E, the Intent to Respond form, must be completed and e-mailed to the City Clerk by October

31, 2012,at 5 p.m.

Section 3: Information for Suppliers

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This RFP does not form or constitute a contractual document. The City of Missoula shall not be liable for any loss, expense, damage or claim arising out of the advice given or not given or statements made or omitted in connection with this RFP. The City also will not be responsible for any expenses which may be incurred in the preparation of this RFP.

The City reserves the right to reject any or all proposals and to determine which proposal is, in the City’s judgment, the lowest, most responsible proposal. The City also reserves the right to waive any

informalities, irregularities, or minor deviations in any proposal and to delete certain items listed in the proposal if they will not meet the city's needs or budget requirements.

Any objections to published specifications must be filed in written form with the City Clerk prior to the deadline for submittal of the RFP.

Instructions to Proposers

Before submitting the proposals, the proposer shall:

1. Carefully examine the RFP as well as all other attached documents; 2. Fully inform yourself of the existing conditions and limitations;

3. Include with the proposal sufficient information to cover all items required in the RFP.

a. Use the format described in each section to submit your proposal. Attach additional information, if necessary.

Proposal Modifications

Modifications, additions or changes to the terms and conditions of this request for proposal may be cause for rejection of the proposal. Proposals submitted in a format other than described may be rejected. No oral, telephone, e-mail proposals or modifications will be considered outside of the process prescribed in this RFP.

Certification of Alteration or Erasure

A proposal shall be rejected should it contain any material alteration or erasure, unless, before the proposal is submitted each such alteration or erasure has been initialed in INK by the authorized agent signing the proposal.

Signature

All proposals shall be typewritten or prepared in ink and must be signed in longhand by the proposer or proposer’s agent or designee, with his/her usual signature. A proposal submitted by a partnership must be signed with the partnership name to be followed by the signature and designation of the partner signing. Proposals by corporations must be signed with the legal name of the corporation, followed by the name and signature of an authorized agent or officer of the corporation. Proposals submitted by a proprietorship must be signed by the owner and the name of each person signing shall be typed or printed legibly below the signature.

Withdrawal of Proposals

Proposers may withdraw their proposal either personally or by written request at any time prior to the due date set for receiving proposals. No proposal may be withdrawn or modified after the due date and time, unless and until the award of the contract is delayed for a period exceeding ninety (90) days.

Quote Valid

The proposer must honor their quote for a period of ninety (90) days after the RFP due date.

Certification

The proposer certifies that the proposal has been arrived at independently and has been submitted without any collusion designed to limit competition. The proposer further certifies that the materials, products, services and/or goods offered herein meet all requirements and specifications and are equal in quality, value and performance with highest quality, nationally advertised brand and/or trade names.

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Insurance Requirements

The proposer certifies that it/they can comply with the City of Missoula minimum insurance requirements of Commercial General Liability insurance in the minimum amounts of $750,000 per claim and

$1,500,000 per occurrence, with the City being named as an additional insured. The proposer will also be required to provide evidence of worker’s compensation insurance. Proof of insurance will be required in the contract with the successful vendor.

The City requires proof of separate, additional professional liability insurance in the amount of $1,000,000 per claim.

RFP Submission

By submitting a response to this RFP, the Supplier acknowledges that all information is accurate and complete.

Vendor Responsible for Proposal Costs

The Vendor shall be fully responsible for all proposal development and submission costs. The City does not assume any contractual obligation as a result of the issuance of this document, the preparation or submission of a proposal by a respondent, the evaluation of an accepted proposal, or the selection of any finalists.

Questions

Questions regarding the Request for Proposal contents may be sent via e-mail to Assistant Chief of

Police Mike Brady (mbrady@ci.missoula.mt.us) until November 2, 2012. The City of Missoula will make

every effort to provide an email response within 2 business days. Whenever responses to inquiries would constitute a modification or addition to the original RFP, the reply will be made in the form of an

addendum to the Request for Proposal, a copy of which will be forwarded via e-mail to all Suppliers who have submitted an “Intent to Respond” form.

Suppliers must submit their questions using the following format.

 Supplier’s name, requester, and appropriate contact information

 Clearly state the question

 Include specific reference to the applicable Request for Proposal section(s)

Section 4: RFP Evaluation and Selection Processes

Phase 1: Initial Evaluation

Proposals received will undergo an initial review to determine:

 City evaluation of compliance with RFP submittal instructions and deadlines.

 Compliance with the City’s terms and conditions

Phase 2: Evaluation

During this phase, the City will evaluate vendor’s responses to the items listed in Sections 5 and 6 of this RFP. The top three vendors whose proposals, in the opinion of the City, most closely meet the city’s requirements will move into Phase 3 of the selection process.

Phase 3: On Site Evaluation

The City may invite up to three vendors to provide a web based demonstration of the product being proposed and request a sealed envelope outlining the pricing for the number of users the City requests to have access.

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Phase 4 Cost Competitiveness and Selection

During this phase, the City will consider the Vendor’s qualifications as well as the pricing submitted in Phase 3. The opening of the sealed envelopes containing the pricing submitted by the vendors selected to advance to Phase IV. The City will award a contract to the vendor who, in the judgment of city officials, best meets the City’s overall requirements at the most competitive price.

Section 5: Scope of Work

Introduction and Scope of Project

The City of Missoula Police Department is seeking to purchase scheduling software. This project is made possible by funding from U.S. Department of Justice, Bureau of Justice Assistance. The goal of the project is to improve the efficiency and reduce costs by means of a rules based, user-friendly system that integrates several administrative functions into one system including scheduling court appearances, time off requests, managing shift strengths, emergency notifications to department personnel and publishing available overtime for special events.

Background

The City’s network environment is Windows TCP/IP. The City uses Dell and HP servers and HP thin clients on a CISCO supported network. The City’s servers include 2008-R2, SQL server 2008, terminal server environments. The City prefers your software runs in a Windows virtual environment.

General and Desired Enhancements and Services to be provided

Please see Attachment A for the list of enhancements and services desired by the City. Use Attachment A to submit your response to each requirement. Each question must have a response.

Section 6. Proposal Contents

Proposals should be submitted using Attachment A addressing all items. Please attach separate sheets containing the information requested below: (Section 6)

Letter of Introduction

Please include with your proposal a letter of introduction including:

1. Company name 2. Address 3. Contact Name 4. Contact Phone 5. Contact E-mail 6. Company website

7. How many facilities/locations do you have in the United States? Please list them.

8. How many years has your company been doing business under this name?

9. Total number of full time employees. Please attach a bio of the employee(s) who will be

assigned to our project. Who will be the lead project manager assigned to our project? Please include the resume of the person who will be the project manager assigned to oversee this project at the City of Missoula including their number of years with your firm, their education and qualifications that relate to this project, and the number, type and location of similar projects this person has successfully implemented.

10. Please provide a list of at least five customer references that demonstrate your company’s

capabilities to meet the requirements listed in this RFP:

a. Two should be new customers (started doing business with them in the past 12 months) b. Two should be retained customers (they have been customers for at least 2 years)

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c. One should be a former customer (contract terminated in the past 2 years)

11. Please attach a document with all contact information for your references.

12. Please provide a statement that your firm can meet the City of Missoula’s minimum insurance

requirements defined in Section 3. Information for Suppliers.

13. Please provide a statement that your firm can meet the City of Missoula’s Standard Terms

and Conditions outlined in Attachment B. These terms and conditions will be part of any contract with the City of Missoula.

14. Please provide your most recent financial statement.

Insurance Requirements

15. A certificate of insurance must be provided prior to signing the contract, commencing on the

day the contract begins. Are you willing to comply with these requirements?

16. You must instruct your insurance broker/carrier to notify the City of Missoula should your

coverage change. Are you willing to do this?

Legal Issues

17. Are there any lawsuits against your company by current or former clients?

Additional Information and Submittal Requirements

18. Vendor must be able to provide round-the-clock, 365 days per year technical support to

ensure timely, efficient implementation of all phases of this project including technical support for all hardware/networking related issues and technical product issues.

19. Your proposal should include all costs associated with providing technical support services,

including on-site services, if applicable.

20. Enclose a narrative describing your firm’s relevant experience related to this project including

information on the extent of your firm’s abilities to meet the needs of this project.

21. Provide a detailed implementation plan describing your approach to managing and

coordinating this project. The description should include project tasks and phases with a tentative schedule, and description of your implementation team and responsibilities as well as a description of the roles required by the City’s project team..

22. The City of Missoula desires that our System continue to evolve with advancements in

technology. Provide us with information on your Software’s ability to evolve and adapt to technological changes.

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Attachment A--Proposal Response Requirements

Response required from all vendors

1. Describe in detail your company’s experience working with Windows TCP/IP network environments.

2. Describe in detail your experience working with Dell and HP servers and HP thin clients in a virtualized network environment; specifically HP Server 2008-R2, SQL Server 2008 and the terminal server environment. Describe your product’s capabilities for web-based interface

3. Describe in detail your experience working with CISCO networks.

4. Does your software run in a virtual environment? If it does not, please provide server requirements.

5. Please acknowledge whether or not your product is FIPS 140-2 compliant.

6. The vendor and employees must sign a confidentiality agreement with the City of Missoula and the Missoula Police Department. All information learned about the network operations and police department operations will be kept confidential and used by the vendor only for the purpose outlined in the scope of work.

Complete tables listed in Attachment A by selecting the correct column (

Y / N / M

) for each

requirement. Any item marked with M (modification) must have the proposed modification

spelled out in the comments section. Additional explanations may be included in the comments

column or on a separate page with the section number and item number clearly identified.

Y Yes – The proposed software meets or exceeds the requirement.

N No – The proposed software cannot meet the requirement.

M Modification – The software must be modified to meet the requirement. Any item marked with M (modification) must have the proposed modification spelled out in the comments section, include a proposed delivery date. If the modification will involve additional expense, it must be noted on the Pricing Form in the space indicated.

System Description Y N M Comments

I. General Information

1. Company should have at least 10 years experience in provided automated scheduling systems to the public safety industry

2. System should be a COTS system that is accessible on a daily basis at any time of the day

3. Ability to operate with a variety of web browsers

4. System should be real-time so that data is

updated immediately throughout the system

5. System should allow multiple users to access the system at the same time

6. System must have a web based graphical user

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System Description Y N M Comments 7. System must be Client/Server based that runs

on Windows Servers

8. System should provide easy navigation within the application using standard functions, eliminating the need for multiple level menus.

9. Fields should provide a drop down list for all codes that display the code, description and customized messaging/instructions.

10. Must have sufficiently sophisticated user/group security to enable multiple levels of

authorization, based on user defined and editable business rules, for all types of leave and scheduling of personnel.

11. System should be able to set security levels for full access, read only access or limited access as necessary.

12. The system must allow the CITY to create and

edit business rules to govern all scheduling and leave issues applicable to full and part-time personnel and civilian personnel in multiple collective bargaining contracts.

13. The system must allow user-defined and editable business rules to govern leave policies, set schedules, set staffing levels, handle off-duty work schedules, call out for specialty units, and other types of circumstances that might affect staffing and scheduling.

14. The system must provide a means to update

and modify existing business rules, collective bargaining rules, and operating protocols and to schedule its implementation based on a date and time and set of criteria.

II.

Employee Information

15. System should track personnel information including:

16. Name

17. Address (Physical & Mailing address)

18. Phone Numbers (landline and cell)

19. Email address

20. Pager Number

21. Cell Phone Number (work and personal) 22. Gender

23. Spouse or other contact

24. Employee Identification Number - Badge 25. Payroll Identification Number

26. Birth date

27. Driver’s License Information (number,

class, expiration date)

28. Certifications

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System Description Y N M Comments 30. Promotion Date

31. Rank Date

32. Wage

33. System should provide each employee a graphical and user friendly scheduling calendar that reflects: 34. Working schedule 35. Time off 36. Paydays 37. Shift trades 38. Holidays

39. The system must allow for end-users to change their contact information via self service

40. Overtime opportunities

41. System must allow each employee to query

their current schedule, their most recent past schedule, and any future schedule.

42. System should create customizable working assignments and schedules up to a year in advance or more

43. System must accommodate user-defined rotational assignments

44. System must accommodate multiple and user-defined shift definitions

45. Schedules can be of any making including straight tours, variable hours, differing on/off by time period, and any blend or form.

46. Assignments can be based on skills, job

classification, rank, seniority, seniority within a set of skills or within a job classification, or based on an override of criteria for which an exception need be marked on the record.

47. System must be capable of allowing users to electronically submit requests for use of accrued leave including anticipated accruals for vacation and holiday as well as notice of availability of special assignment and overtime availability.

III.

Scheduling

48. System must keep an accurate roster at all

times.

49. System Roster reflects customizable color-coding by position, person, rank, group and specialty

50. System must provide a daily staffing roster that accommodates:

51. Staffing by Shift

52. Staffing by Agency

53. Staffing by Division (including

non-sworn personnel)

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System Description Y N M Comments 55. Staffing by Unit

56. Staffing by department policies and procedures

57. Track vacancies

58. The system must allow an unlimited number of user-defined working and non-working codes.

59. The system must allow detailed constraints for

each code such as advance notice or supervisor approval.

60. The system must record exceptions to work schedules promptly after a user enters their exception by PC, or Internet.

61. The system must create a vacancy promptly after an exception has been entered and the roster must be updated.

62. The system must use the department’s staffing

rules to fill vacant positions.

63. The system must be configurable to allow or not allow holdover of personnel

64. System roster must enable the emergency

deployment and scheduling of units with

qualified personnel in accordance to department scheduling rules and procedures.

65. System roster must enable authorized users to

fill vacancies in accordance to department policy and procedures.

66. System must record exceptions to work

schedules after a user enters their exception by internet or intranet.

67. System must create a vacancy and update the roster after an exception has been entered.

68. System must AUTOMATICALLY prevent too many people taking leave on any day or shift.

69. System must notify supervisors to warn them of

any unfilled/open positions.

70. The system must have an alert system that reacts to vacancies caused by work exceptions. The work exceptions should be based on user-defined and editable business rules.

71. The system must provide a function that allows testing to verify business rule accuracy and effect prior to implementation.

72. Alerts must be available to notify schedulers of shortages in specialties and rank.

73. System provides customized views of schedules.

74. System automatically calculates and indefinitely manages holidays (New Year’s Eve/Day, Birth Day for Martin Luther King, Memorial Day, Easter, etc.)

75. System enables inventory items to be attached

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System Description Y N M Comments

IV.

Auditing

76. The system has the functionality to perform time stamps on each and every data entry point initiated by a user, supervisor, manager, administrator and the application itself and provides a means to review each data entry point for evaluation and audit.

77. The system must have the ability for full and random inspection of fair and equitable provisioning of overtime and special duty assignments based on rules within the organization.

78. Provides an audit trail for all overtime telephone calls made with the result of each call.

79. System maintains a record of who worked each

day, and what happened during that shift. This information must be able to be saved and accessed indefinitely.

V.

Security

80. The system must provide comprehensive security system including layered security, limiting individuals control over specific units and /or function as specified and controlled by the administrator.

81. The system security must require both a User

ID and password for access.

82. The system must allow temporary duty assignments for administrators allowing individuals to have a higher security access for a specific time period.

83. System must enable the CITY/COUNTY/STATE to designate under appropriate security

authorization, application administrators and sub administrators to enable assignments and approve schedules and exceptions.

VI.

Reports

84. The system must contain comprehensive reporting.

85. Report certifications that will expire within a

user-defined timeframe.

86. Reports must be sort able by working codes, non-working codes, rank, specialty, and dates.

87. The system must maintain and report on all system activity including telephone and PC login access.

88. The system must be able to report on labor

rules and guidelines used to fill vacancies.

89. The system must be able to report on who was scheduled to work.

90. The system must be able to report on any exceptions and how they occurred.

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System Description Y N M Comments 91. The system must be able to report on work

schedule by individual.

92. The system must be able to report on sick leave report.

93. The system must be able to report on vacation used.

94. The system must be able to report on security audits.

95. The system must be able to report on all overtime earned or used in compliance with the Fair Labor Standard Act work periods.

VII. Implementation

96. Does your company have a minimum 10 years experience with implementing COTS 24/7 Scheduling Systems?

97. Provide in an appendix a complete

organizational chart of the company with a total number of employees. If the company is a subsidiary of another company, the name and address of the parent company must be provided.

98. Provide in an appendix a complete company background and organizational history. Include number of years the company has provided automated scheduling software.

99. Provide in an appendix with (5) references for work of similar size and scope to the

CITY/COUNTY/STATE that can provide testimony to qualifications of the firm and personnel. Include: Name, system go-live date, contact name and title, contact phone number, contact email address.

VIII. Technical Information

100. System must be able to be backed up on a daily basis through the network and/or Tape Backup.

101. System should be recoverable within 4 hours of a complete failure by backups and restoration to new hardware if necessary.

102. System must be able to be backed up on a daily basis through the network and/or Tape Backup.

103. System should be recoverable within 4 hours of a complete failure by backups and restoration to new hardware if necessary.

104. Must be able to export data to the CITY/COUNTY/STATE payroll system.

105. System must provide an application interface for importing/exporting data from 3rd party

applications.

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Attachment B--Standard Terms and Conditions

1. VALID BUSINESS LICENSE. The Contractor, subcontractors, sub grantees, and other firms doing business with the City of Missoula or any agency connected with the City of Missoula must obtain or have a valid City of Missoula business license and must comply with applicable business regulation ordinances. The City pursuant to this Agreement shall make no payments until a valid City business license has been obtained. Contractor shall continue to retain a valid City business license during the term of this Agreement or the City has the right to withhold payments until the Contractor acquires a valid City business license.

2. NON-DISCRIMINATION. All hiring shall be on the basis of merit and qualification and there shall be no discrimination in employment on the basis race, ancestry, color, physical or mental disability, religion, national origin, sex, age, marital or familial status, creed, ex-offender status, physical

condition, political belief, public assistance status or sexual orientation, gender identity or expression, except where these criteria are reasonable bona fide occupational qualifications.

3. AFFIRMATIVE ACTION POLICY. Contractors, subcontractors, sub grantees, and other firms doing business with the City of Missoula must be in compliance with the City of Missoula's Affirmative Action Plan, and Title 49 Montana Codes Annotated, entitled "Human Rights" or forfeit the right to continue such business dealings.

The City's Affirmative Action Policy Statement is:

The Mayor of the City of Missoula is committed to implement affirmative action to provide all persons equal opportunity for employment without regard to race, color, religion, national origin, age, marital status, ancestry, receipt of public assistance, political beliefs, physical or mental handicap, ex-offender status, or sex. In keeping with this commitment, we are assigning to all department heads and their staff the responsibility of actively facilitating equal opportunity for present employees, applicants, and trainees. This responsibility shall include assurance that employment decisions are based on furthering the principle of equal employment opportunity by imposing only valid requirements for employment and assuring that all personnel actions are administered on the basis of job necessity.

Specific responsibility for development, implementation, monitoring and reporting will be assigned to the City Personnel staff under the supervision of the Mayor's Administrative Assistant.

It is the policy of the City of Missoula to take affirmative action to eliminate discrimination in personnel policies and procedures that have adverse impact on the "affected class" unless sex, ex-offenders status, and/or physical or mental handicap relates to a bona fide occupational qualification. Equal opportunities shall be provided for all City employees during their terms of employment. All applicants for City employment shall be recruited from the available labor market, and employed on the basis of their qualifications and abilities.

The City of Missoula, where practical, shall utilize minority owned enterprises and shall ensure that subcontractors and vendors comply with this policy. Failure of

subcontractors and vendors to comply with this policy statement shall jeopardize initial, continued, or renewed funds.

Our commitment is intended to promote equal opportunity in all employment practices and provide a positive program of affirmative action for the City of Missoula, its employees, program participants, trainees and applicants.

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4. COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA). Contractor shall comply with any applicable provisions of the AMERICANS WITH DISABILITIES ACT with respect to the performance of this contract. Contractor shall incorporate or communicate the intent of the following statement in all publications, announcements, video recordings, course offerings or other program outputs: “Contractor will provide reasonable accommodations for any known disability that may interfere with a person in participating in any service, program or activity offered by the Contractor. In the case of documents, recordings or verbal presentations, alternative accessible formats will be provided. For further information call the Contractor.”

5. EVIDENCE OF WORKERS COMPENSATION COVERAGE. Contractor hereby certifies that Contractor is covered by a Workers' Compensation insurance program with either the State of Montana, a private insurance carrier, or an approved self-insurance plan in accordance with Montana State law and that the City has no liability for Contractor's worker's compensation insurance or claims or that the Contractor has received a waiver of such coverage from the State of Montana. If the Contractor has not received a waiver from such coverage, the Contractor shall provide evidence of such coverage to the City prior to the City's validation of the agreement.

6. COMPLIANCE WITH OTHER FEDERAL, STATE, COUNTY, AND MUNICIPAL LAWS. Contractor shall obey all other laws, ordinances, regulations and rules of the Federal, State, County and Municipal governments which may be applicable to its operations. Said laws include, but are not limited to, the Equal Employment Opportunity laws, the Fair Labor Standards Act, and Occupational Safety and Health Administration (OSHA). Any violation of applicable law shall constitute a breach of this Agreement and Contractor shall hold the City harmless from any and all liability arising out of, or in connection with, said violations including any attorney’s fees and costs incurred by the City as a result of such violation.

7. OWNERSHIP AND PUBLICATION OF MATERIALS. All records, drawings, reports, information, data, and other materials prepared by the Contractor pursuant to this Contract are the property of the City, which has the exclusive and unrestricted authority to release, publish or otherwise use, in whole or part, information relating thereto. No material produced in whole or in part under this Contract may be copyrighted or patented in the United States or in any other country without the prior written approval of the City.

8. REPORTS AND INFORMATION. The Contractor will maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to this Contract and such other records as may be deemed necessary by the City to assure proper accounting for all project funds, both federal and non-federal shares. These records will be made available for audit purposes to the City or its authorized representative, and will be retained for three years after receipt of final payment for the services rendered under this Contract unless permission to destroy them is granted by the City.

9. ACCESS TO RECORDS. It is expressly understood that the Contractor's records relating to this Contract will be available during normal business hours for inspection by the City or its authorized representative.

10. PLACE OF VENUE. The parties understand and agree that performance of this contract is for the City of Missoula and that in the event of litigation concerning it, venue is the Fourth Judicial District in and for the County of Missoula, State of Montana. This Contract will be construed under and

governed by the laws of the State of Montana.

11. INDEMNIFICATION. The Contractor waives any and all claims and recourse against the City including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incidental to the Contractor's performance of this contract except for liability arising out of sole negligence of the City or its officers, agents or employees. Further, the Contractor will indemnify, hold harmless, and defend the City against any and all claims, demands, damages, costs, expenses or liability arising out of the Contractor's performance of this

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Contract except for liability arising out of the sole negligence of the City or its officers, agents or employees.

12. LEGAL FEES. In the event either party incurs legal expenses to enforce the terms and conditions of this Contract, the prevailing party is entitled to recover reasonable attorney’s fees and other costs and expenses, whether the same are incurred with or without suit.

13. INSURANCE - TERMS AND LIMITS. Without limiting any of the other obligations or liabilities of the Contractor, Contractor shall obtain and maintain all required insurance from companies lawfully authorized to do business in the State of Montana with minimum “A.M. Best Rating” of A-,VI. 14. CONTRACTOR’S LIABILITY NOT LIMITED. By requiring such insurance and insurance limits as

listed in this document, Owner does not represent that coverage and limits will necessarily be adequate to protect Contractor, and such coverage and limits shall not be deemed as a limitation on Contractor’s liability under the indemnities granted to Owner in the Contract Documents.

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Attachment C--Pricing Requirements

Submit answers to this information in a separate, sealed envelope with your proposal. Please summarize total costs below:

1. Describe in detail the manner in which the City of Missoula and the Missoula Police Department will be charged by your company to complete the scope of work in this project and deliver the software system including any costs for implementation and rules requirements.

2. Please describe in detail any anticipated costs for your personnel to be on site in the city of Missoula for this project.

3. List any additional costs which the City of Missoula will incur as a result of your acceptance of any portion of this project including ongoing annual maintenance and support fees. Please describe what maintenance and support, if applicable, are included in the cost of the software system.

4. Explain in detail any portion of this project which you will subcontract to any other vendor. Identify the vendor and all costs associated with that vendor’s participation.

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Attachment D--Conditions and Non-Collusion Form

To receive consideration this form must be signed in full by a responsible, authorized agent, officer, employee or representative of your firm.

Conditions and Non-Collusion Agreement

We have read and agree to the conditions and stipulations contained in the City of Missoula Request for Proposals and to the Standard Terms and Conditions contained therein.

In signing this proposal, I(we) also certify that I(we) have not, either directly or indirectly, entered into any agreement or participated in any collusion or otherwise taken any action in restraint of free competition; that no attempt has been made to induce any other person or firm to submit or not to submit a proposal; that this proposal has been independently arrived at without collusion with any other proposer, competitor or potential competitor; that this proposal has not been knowingly disclosed prior to the due date and time to any other proposer or competitor; that the above statement is accurate under penalty of perjury.

Legal Name of Firm/Corporation Authorized Signature

Address Printed Name

City/State/ZIP Title

(19)

Attachment E--Intent to Respond Form

Please e-mail this Intent to Respond form to Mike Brady at mbrady@ci.missoula.mt.us by October 31, 2012, even if your company chooses NOT to participate in the RFP.

To: City of Missoula

Attn: Mike Brady

Email: mbrady@ci.missoula.mt.us

From: ________________________________ Contact Name

________________________________ Company Name ________________________________ Company Address ________________________________ Company Website ________________________________ Phone Number ________________________________ Fax Number ________________________________ Email

Please indicate whether or not you intend to respond to the RFP: Yes No.

____________________________________ __________________________

Company Name Date

____________________________________ __________________________

Contact Name (please print) Signature of Contact Person

________________________________________ Contact Position

By signing the above, I certify that I am authorized by the Company named above to respond to this request.

Figure

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References

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