Simon Honours

Louisville Jefferson County Metro Government Technology Public Wi-Fi - Russell Neighborhood REQUEST FOR PROPOSAL RFP200005 Pre - Bid Meeting: March 10, 2020 @ 2:00 pm Office of Management and Budget 611 West Jefferson Street Purchasing Mezzanine Conference Room Louisville KY 40202 RFP200005 1 REQUEST FOR PROPOSAL TABLE OF CONTENTS 1. Instructions to Proposers 2. Specifications 3. Evaluation Criteria 4. General Provisions 5. Hold Harmless Agreement and Indemnification Clause and Insurance Requirements 6. Human Relations Commission Required Documentation Attachments: • Locations • Public WiFi Map RFP200005 2 SECTION 1 INSTRUCTIONS TO PROPOSERS 1.1 Introduction The Louisville/Jefferson County Metro Government (“Metro Government”) is now accepting Proposals for Public Wi-Fi for the Russell Neighborhood. The process of accepting Proposals and choosing the successful proposer shall be by sealed Requests for Proposals (“RFP’s”) using the competitive negotiation process under KRS 45A.370. The Metro Government, if it chooses to award a contract based on this Proposal, shall do so on the basis of the Proposal which is most advantageous to it based upon the Evaluation Criteria set forth herein. (KRS 45A.370(5)). The Metro Government finds that a purchase through competitive negotiation is necessary because specifications cannot be made sufficiently specific to permit an award on the basis of either the lowest bid price or the lowest evaluated bid price. The Metro Government shall conduct written or oral discussions with all responsible proposers who submit Proposals determined in writing to be reasonably susceptible of being selected for award, except as otherwise provided by law. Where the Metro Government can clearly demonstrate and document from the existence of adequate competition or accurate prior cost experience with the particular supply, service or construction item, the Metro Government may make an award on the basis of the original submitted Proposals. 1.2 Considerations Prior to Submitting a Proposal 1.2.1 Revenue Commission If you are a Metro Government vendor or you are doing business in Metro Louisville, you should already be registered with the Revenue Commission and have all of your required taxes paid. If you become the successful Proposer, you must be properly registered with the Revenue Commission and have all of your required taxes paid prior to the award of a contract. You must provide your Revenue Commission Number on the Proposer Information and Proposal Signature Document, unless you do not yet have one. Contact the Louisville Metro Revenue Commission at - for information related to obtaining an account number or verifying current compliance. 1.2.2 Human Relations Commission There are two affirmative action requirements which apply to Metro Government Contracts: a) Affirmative Action in Employment and b) Affirmative Action in the subcontracting of Minority, Female and Handicapped-owned businesses. 1.2.2.1 Affirmative Action in Employment 1.2.2.1.1 The Louisville Metro Human Relations Commission (“HRC”) is required determine whether contractors’ employment policies assure employment opportunities are available to all citizens without regard to race, color, religion, national origin, marital status, handicap, sex, sexual orientation or gender identity, or age. RFP200005 3 - 1.2.2.1.4 To make this determination, the HRC will make an inquiry of the successful Proposer pursuant to Louisville Metro Ordinances Section 37.27. If you are contacted by Purchasing Division staff notifying of award, and you have not already been “HRC Prequalified”, you will need to contact the HRC at- for information and assistance on procedures to follow in becoming approved and qualified. Proposer acknowledges that the resulting Agreement from this RFP is subject to Louisville/Jefferson County Metro Government Ordinances §37.25-§37.36 and failure to comply with the terms of those Ordinances will be cause for suspension, termination or cancellation of a contract executed hereunder, or rejection of Proposer’s Proposal. 1.2.2.2 Affirmative Action in Subcontracting 1.2.2.2.1 Generally, either a Proposer will use subcontractors or it will do all the work itself. 1.2.2.2.2 If Not Using Subcontractors, you must complete and sign Form GFE-1, which is included with this Proposal in the HRC’s “Good Faith Efforts Requirements” document, to indicate work will be self-performed. Failure to include a completed Form GFE-1 with your proposal will cause the proposal to be rejected and deemed nonresponsive. 1.2.2.2.3 If Using Subcontractors, you must follow the instructions and complete the forms in the “Good Faith Efforts Requirements” document included with this Proposal. This includes but is not limited to making the required good faith effort, as that term is defined in the document. 1.3 Preferences 1.3.1 Minimum Wage Preference 1.3.1.1 Per Louisville Metro Ordinance Chapter §37.56, preferences shall be given to businesses, which provide their employees a minimum wage equal to or exceeding the minimum wage set forth in §37.55 ("minimum wage business") which is currently $10.10/hour. This minimum wage rate is the rate set by Louisville Metro Council for all full-time Louisville Metro employees. 1.3.1.2 If a business provides its employees at least $10.10/hour, regardless of location or position, the offer price in the Proposal shall be reduced by 5% for the purpose of determining which offer is most advantageous to Metro Government. 1.3.1.3 If this Proposal is for services, and the business intends to use subcontractors to perform all or part of the work required under the contract, the business shall not subcontract more than 20% of the work to non-minimum wage businesses unless such services are not available from minimum wage businesses. 1.3.1.4 If a business receives the Minimum Wage Preference and is awarded a contract under this Proposal, then it must post a sign of the $10.10 minimum wage rate in a conspicuous place and manner so as to inform employees and the public of your minimum wage policy. 1.3.1.5 If you certify your business as a minimum wage business, are subsequently awarded a contract, and the Metro Government discovers you do not pay your employees at least $10.10 per hour, your business will be liable to the Metro Government for 30% of the amount of the contract awarded. RFP200005 4 1.3.1.6 You must complete the Minimum Wage Preference Certification on the Proposer Information and Signature Page included in this Proposal. 1.3.2 Local Vendor Preference The Metro Government gives Proposals submitted by local vendors a preference. 1.3.2.1 To qualify as a local vendor, a company must: 1.3.2.1.1 Be established in the Louisville Metropolitan Statistical Area (“MSA”), as defined by the United States Census Bureau for twelve (12) consecutive months. 1.3.2.1.2 Possess a current Louisville Revenue Commission account number. 1.3.2.1.3 Have its headquarters located in the Louisville MSA, or have a branch office currently located in the Louisville MSA for at least twelve (12) consecutive months prior to the broadcast date of this Request for Proposal. 1.3.2.1.4 Determine whether the City or County within the Louisville MSA in which your business is located has the required reciprocal ordinance which recognizes business located within the Louisville MSA as local businesses for the purpose of a procurement preference. If that City or County does have such an ordinance, you must include a copy of that document in your response to this RFP. 1.3.2.1.5 Utilize local businesses to furnish at least 75% of the services under a contract awarded hereunder unless such services are not available locally. 1.3.2.2 If the Metro Government determines your business is a local business, based on the standards described here, then your business shall receive a 5% reduction of the total amount you propose or 5 points added to your evaluated Proposal total, depending on the type of proposal evaluation process the Metro Government has decided to use. 1.3.2.3 If the Metro Government concludes your business is a local business for the purposes of this Proposal, and that determination is based on false information, the Proposer shall be subject to a fine equal to 25% of the price quoted in this Proposal. 1.3.2.4 Any petition challenging the designation or award of local vendor preference shall follow the procedures set forth in LMCO §- Kentucky Statutory Preferences The Commonwealth of Kentucky requires the Metro Government to apply certain purchasing preferences as set forth in Kentucky Revised Statutes (“KRS”) Sections 45A.470, 45A.490, 492 and 494. 1. Kentucky Correctional Industries: Products made by the Department of Corrections, Division of Prison Industries, shall receive a preference equal to twenty (20) percent of the maximum points awarded to a bidder in a solicitation. (KRS 45A.470, 200 KAR 5:410) 2. 3. RFP200005 Qualified bidder status: Kentucky Industries for the Blind, Incorporated, any nonprofit corporation that furthers the purposes of KRS Chapter 163, or a qualified nonprofit agency for individuals with severe disabilities as described in KRS 45A.465(3) shall receive a preference equal to fifteen (15) percent of the maximum points awarded to a bidder in a solicitation. a. A bidder claiming qualified bidder status shall submit along with its response to a solicitation a notarized affidavit which affirms that it meets the requirements to be considered a qualified bidder. The required affidavit form can be obtained by going to Metro Louisville Metro Government’s Purchase webpage: https://louisvilleky.gov/government/managementbudget/purchasing. Reciprocal Preference (KRS 45A.490-494) a. KRS 45A.490 Definitions for KRS 45A.490 to 45A.494. 1. "Contract" means any agreement of a public agency, including grants and orders, for the purchase or disposal of supplies, services, construction, or any other item; and 5 b. c. 2. "Public agency" has the same meaning as in KRS 61.805. KRS 45A.492 Legislative declarations. The General Assembly declares: 1. A public purpose of the Commonwealth is served by providing preference to Kentucky residents in contracts by public agencies; and 2. Providing preference to Kentucky residents equalizes the competition with other states that provide preference to their residents. KRS 45A.494 Reciprocal preference to be given by public agencies to resident bidders -- List of states -- Administrative regulations. 1. Prior to a contract being awarded to the lowest responsible and responsive bidder on a contract by a public agency, a resident bidder of the Commonwealth shall be given a preference against a nonresident bidder registered in any state that gives or requires a preference to bidders from that state. The preference shall be equal to the preference given or required by the state of the nonresident bidder. 2. A resident bidder is an individual, partnership, association, corporation, or other business entity that, on the date the contract is first advertised or announced as available for bidding: a. Is authorized to transact business in the Commonwealth; and b. Has for one (1) year prior to and through the date of the advertisement, filed Kentucky corporate income taxes, made payments to the Kentucky unemployment insurance fund established in KRS 341.490, and maintained a Kentucky workers' compensation policy in effect. 3. A nonresident bidder is an individual, partnership, association, corporation, or other business entity that does not meet the requirements of subsection (2) of this section. 4. If a procurement determination results in a tie between a resident bidder and a nonresident bidder, preference shall be given to the resident bidder. 5. This section shall apply to all contracts funded or controlled in whole or in part by a public agency. 6. The Finance and Administration Cabinet shall maintain a list of states that give to or require a preference for their own resident bidders, including details of the preference given to such bidders, to be used by public agencies in determining resident bidder preferences. The cabinet shall also promulgate administrative regulations in accordance with KRS Chapter 13A establishing the procedure by which the preferences required by this section shall be given. 7. The preference for resident bidders shall not be given if the preference conflicts with federal law. 8. Any public agency soliciting or advertising for bids for contracts shall make KRS 45A.490 to 45A.494 part of the solicitation or advertisement for bids. A notarized affidavit form for Bidders, Offerors, and Contractors Claiming Resident Bidder Status can be obtained by going to Metro Louisville Metro Government’s Purchase webpage: https://louisvilleky.gov/government/management-budget/purchasing if a proposer wishes to include in their proposal. Unless there are proposal from vendors from states that have a designated percentage or point procurement preference in that state, this preference will not apply. 1.4 Proposal Submittal Requirements 1.4.1 1.4.2 RFP200005 All Proposals must be signed by a duly authorized officer, agent or employee of the Bidder (See the “Request for Proposal Signature Page” document). Bidder promises that the individual signing the Proposal document for the Bidder has the authority to bind the Bidder. Sealed Proposals will be accepted until 3:00 p.m. on April 2, 2020. Louisville Metro Government uses a web-based portal for accepting and evaluating proposals digitally (https://louisvilleky.bonfirehub.com/portal). Documents may be uploaded at any time during the open period. We strongly recommend that you allow sufficient time to complete uploading, submit and finalize your submission before the closing deadline. If you have any technical questions related to your submission, please contact Bonfire at- You can also visit their help forum at https://bonfirehub.zendesk.com/hc. 6 1.4.3 Proposals cannot be submitted through the portal after 3:00 p.m. on April 2,- Any inquiries about this RFP shall be addressed in writing on the Bonfire portal. 1.4.5 Changes, Clarifications, Errors, Addenda: 1.4.5.1 Should a prospective Proposer find a discrepancy in or omissions from the specifications or be unclear as to what the specifications mean, the Proposer shall notify Metro Purchasing through the Bonfire portal. The Buyer will provide written clarification to all prospective Proposers. Proposer agrees that the Metro Government will not be responsible for any oral instructions. 1.4.5.2 Clarification of Submittal: The Metro Government may obtain clarification or additional information from a Bidder. 1.4.5.3 Changes/Alterations: Proposer may change or withdraw its Proposal at any time prior to Proposal closing date and time. 1.4.5.4 The Proposer must respond as required in this Proposal; failure to make any required response or provide required information may cause rejection of the Proposal as nonresponsive. 1.4.5.5 Once this Proposal has been signed by Proposer and officially submitted to the Purchasing Department of the Metro Government, Proposer will not be allowed to alter or withdraw its Proposal except with the written permission of the Director of Purchasing. 1.4.5.6 Addenda: The Metro Government may issue an addendum, or addenda, changing some aspect of the Proposal. All addenda, if any, shall be considered in making the Proposal, and such addenda shall be made a part of this Proposal. Before submitting a Proposal, it is incumbent upon each Proposer to be informed as to whether any addenda have been issued, and the failure to cover in the Proposal any such addenda may result in disqualification of that Proposal. 1.4.6 Plans and specifications, if applicable, may be ordered from: Lynn Imaging 11460 Bluegrass Parkway Louisville, KY 40299 - 1.4.7 1.4.8 1.4.9 There will be a charge for the plans and specifications. When ordering the plans check with Lynn Imaging for the exact cost. Plans and specifications may not be obtained from the Louisville Metro Purchasing Office. The Metro Government shall not permit a Proposer to withdraw its Proposal for sixty (60) days after Proposals are opened, unless the Metro Government makes a specific exception in writing. Further, Proposal prices shall be firm for a minimum of six (6) months after the Proposal closing date. Metro Government shall not be responsible for any cost incurred by the Proposer in the preparation of its Proposal. If the award is divided among or between vendors, written notification will be given to each vendor of the specific items covered on their respective contracts. 1.5 Buyer Information: Peggy Goodwin-- RFP200005 7 SECTION 2 SPECIFICATIONS Background The Russell neighborhood is undergoing a physical transformation. Over $1 billion in capital is pouring into the neighborhood to attract more businesses and residents. To support these efforts, we are looking for a partner to build and maintain a public Wi-Fi network in the redevelopment nodes highlighted in the Vision Russell transformation plan. Along with attracting new businesses and residents, we want to support those already there, and we know there is a lack of internet access in Russell. Access to the internet is essential to thrive in our modern economy, and up to 60% of Russell residents do not have a home internet subscription. Our public network will provide a reliable internet connection to Russell residents in their neighborhood 24 hours a day, 7 days a week. It will also be a conduit to provide information about social service programs available to underserved residents, but will not be used to advertise commercial products or collect personally-identifiable information about users. Intent Louisville Metro is requesting proposals from qualified firms to create a public wireless (Wi-Fi) network within the Russell Neighborhood. The scope of services includes the following: (1) system design, (2) equipment and licensing provision, (3) Internet Service identification and/or provision, (4) installation, (5) the warranty necessary to create a public Wi-Fi network in the Russell neighborhood, and (6) system monitoring, maintenance and upkeep. The system will provide no-fee public access to the Internet within the coverage area and will be able to accommodate needs of patrons to area businesses, citizens, students, and special event attendees. Metro intends to have a portal page for system access, which may be used to facilitate the dissemination of information. The system is intended to support “casual” usage. Therefore, local businesses should not view the system as providing service inside private buildings as an alternative to commercially available Internet access for ongoing business or residential needs. It will provide connectivity for Russell residents and visitors in public places while providing them information about local programs for underserved residents. We need a partner to provide a completely managed network with the ability to see limited amounts of data about users and usage, and manage the content displayed to users when they log in. While it will be a managed network, we will own the infrastructure and will require our partner to put in equipment that could be handed off to another managed service provider in the event we choose to switch vendors. Additionally, privacy protection is important to us and we want to ensure that users of the network understand how their identity is obscured and what data we are collecting about it. In simpler terms, we are looking for a fully managed Public Wifi network in Russell, that Louisville Metro will outright own, with a content management interface and limited data collection that allows for user privacy (anonymization) RFP200005 8 Requirements Performance Expectations Aesthetics All equipment (access points, antennas, customer-premises equipment (CPEs), power supplies, etc.) should not negatively impact the appearance of publicly visible areas, and Metro-owned property. Pictures of hardware intended for deployment shall be included in your proposal. Frequency Coordination and RF Analysis Louisville Metro will assume that any design planning will incorporate analysis of existing RF frequencies and signal strengths, enabling frequency coordination with existing Wi-Fi networks and the proactive design and maintenance of equipment. Louisville Metro may arrange vendor access to Metro-owned facilities to facilitate site surveys. Security Proposed equipment must offer the latest security methods utilizing industry-standard technologies. Specifically, the system should include a Cisco Firepower firewall. The system must be upgradeable by way of firmware, software, or ROM upgrades as new security technologies are standardized. Back Haul ISP Louisville Metro does not currently have Metro-provided Internet service in the coverage area. Louisville Metro expects that the proposal will include options for acquiring or providing Internet service for the Wi-Fi network. The response should include the type of circuit you propose to use and your plans for scaling it if the network exceeds initial projections. Performance and Reliability Any implemented network should maintain a minimum of 95% uptime of any managed device and connectivity. The proposed coverage area should have less than 10% geographic gap coverage of little to no signal strength, while maintaining average latency levels to not exceed 50-70ms. The system must have “self-healing” capabilities in the event of device failure, “hangs,” or connectivity problems. Contact and support numbers and information will be provided to report and escalate outages and/or other unanticipated network issues. Physical Requirements All outdoor equipment must operate in an ambient temperature range of -40 degrees to +140 degrees Fahrenheit, have enclosure and cable connections that are weatherproof and able to withstand shock and vibration and high wind speeds. Orientation The proposing firm will provide orientation that will properly prepare Metro staff in the use, management services and any planned and unplanned maintenance. Warranty and Post Implementation Support The proposing firm will provide manufacturer and vendor warranties on equipment and installation services covering firmware, hardware and software. RFP200005 9 Locations https://arcg.is/1Dur08 Scope of Services Vendors must submit a detailed scope of work outlining the project plan, tasks, scheduling, and milestone events. In general, Metro anticipates a “turnkey” full-service process. To that end, services are expected to include, at a minimum, the following: • • • • • • • • • • • • System design All necessary equipment including access points, antennas, CPEs, power supplies, etc. Suitable locations for mounting equipment. (Please note: the selected bidder will be required to work with, and receive approval from, Metro’s Public Works and other departments for the use of Metro infrastructure for the mounting of equipment. Further, Metro will provide as much assistance as possible in negotiating potential infrastructure locations involving Russell businesses.) All installation services for all equipment (The vendor will be responsible for securing any required permits, if applicable; these may be no-fee permits.) All necessary software and latest firmware updates All necessary testing to assure acceptable service in the coverage area Provision and management of the manufacturer’s warranty Any necessary training to Metro staff Access for Metro to an operations dashboard and the firewall Public-facing contact for end-user service issues Options for back haul Internet service for the Wi-Fi network Post-installation support of the system, as needed Content/Data Management • Content Management Interface that allows for: o Customizable splash Page o Ability to change branding o Ability to change launch screen • Content filtering (adult content) • Throttling of excessive video • Ability to anonymize user data • Ability to download anonymized raw data about usage and users • Ability to kick off abusive users Other requested, but not required features Preferred Features • Data dashboard to visualize data with ability to download filtered data • Weekly usage reports emailed to listserv Organization of the Proposal The organization of the proposed scope of work is described in this section. The proposal shall be limited to 10 pages, exclusive of pre-printed resumes, and similar material that the proposing firm believes will aid in determining its qualifications for the project. The following guidelines must be followed by all potential consultants. General Provisions Responses to this RFP must include the following information: RFP200005 10 1. 2. 3. 4. 5. 6. 7. 8. The name, address and telephone number of the proposing firm. Identification of the individuals and/or vendors comprising the project team for this project and what specific role each will take in completing the work. A summary of the firm’s experience completing similar projects. Please provide examples of the design, equipment and results of these projects. Also include any names, addresses and phone numbers of clients involved with these projects. Detailed work plan describing the firm’s approach to design, installation, testing and training. The description should, at a minimum, include a listing of manufacturers, including model numbers, for proposed equipment, subcontractors, and a project schedule. Description of the firm’s training program. Detailed warranty and support information. A detailed analysis of back haul Internet services options available to the Wi-Fi network. A detailed listing of fees and costs to complete the project with separate costs for equipment and labor. Supplemental Materials Vendors may provide any supplemental information or material not specifically required. Additional material may include the following: 1. 2. 3. 4. Additional reports, photos and/or descriptions of similar projects the firm has completed. Promotional material describing your firm and its services. Additional references. Manufacturer literature. Introduction A general introduction and description of the proposed approach and methodology shall be provided. The introduction should include a statement of the firm’s approach to design problem solving as applicable to the Russell Wi-Fi system. The format of the introduction and description of the approach is at the discretion of the firm. Scope of Work Describe the work program to accomplish the scope of work described above. The work program should address issues identified in the Project Description and Performance Expectations and shall provide a detailed description of the work to be accomplished. The organization of the specific work activities in the scope of work should be broken down into tasks, subtasks, and the anticipated result or output as follows: TASK: An overview of a related group of subtasks or activities. Normally one or two sentences. SUBTASK: A detailed description of the work, including the methodology to be performed. Generally, one to ten paragraphs depending upon the complexity of the activities described in the subtask. OUTPUT: A description of what the result of this particular activity or subtask is. Generally, one sentence. Project Schedule Describe the time schedule for each proposed task and subtask described above. Proposed work periods and completion dates, as well as anticipated meeting dates should also be identified. Sub-consultants List all sub-consultants proposed for this project. Include their resumes, qualifications and specific responsibilities. RFP200005 11 Relevant Experience Provide the name and background information of each member of the firm who will perform the actual work described in the RFP and who will work with Metro on a regular basis. Additionally, provide the names and backgrounds of all other professional staff that will be working as part of your project team. An organizational chart should be included as well as resumes for each participating staff person. Provide the relevant previous experience of the lead person for the project. Do not include work done by the firm that the lead person did not have a primary role in managing. List at least three projects of a similar scope and nature to this proposal that the lead person from your firm had primary responsibilities including: 1. 2. 3. 4. Project Address Reference (with telephone number) Year of Completion Brief written description of the project Louisville Metro reserves the right to contact a proposing firm’s previous clients at any time. Cost Provide the total cost to complete the services described. The proposal should provide a breakdown of the costs based on the sections listed in the Scope of Services, including the cost to deploy the system within the area as defined by the Coverage Map. Metro reserves the right to exclude certain geographic locations from the final Scope of Work, based on the cost/benefit of system deployment, aesthetics, etc. Louisville Metro Requirements The contract will be awarded only to a responsible consultant. To qualify, a prospective consultant must meet the following standards, as they pertain to this Request for Proposals. A. B. C. D. E. RFP200005 The Consultant must have adequate technical and financial resources and equipment for performance, or have the ability to obtain and to manage such resources and equipment as required during the performance period of the proposed contract. The Consultant must have the necessary experience, organization, technical qualifications, skills and facilities or have the ability to obtain and to manage them (including any subconsultant requirements). The Consultant must be able to comply with the proposed or required performance schedule. The Consultant must have a satisfactory record of contractual performance. The Consultant must maintain the auditable records, documents and papers for inspection by authorized Metro representatives. 12 Required Submittals: Qualifications and Experience - Resumes of personnel responsible for designing and implementing the project o Examples ▪ Project manager ▪ Network Architect ▪ maintenance provider - Description of previous projects with references o No more than 3 previous projects o Description of equipment used o Number of monthly users o Length of service o Service calls per month o Number of Access Points Proposed Solution - Scope of work - Network Architecture diagram - Type of circuit - Description of training - Description of equipment used and expected service life - User Experience o Screenshots ▪ Splash screen o Written description of how the user will access the network (no more than 150 words) ▪ Bandwidth allowed ▪ Type of content they will see at splash screen ▪ Data input for users - Content filtering & bandwidth management o Describe how you with deal with abusive users o Screening of adult content o Limiting bandwidth of individual users ▪ Excessive video use - Management o Screenshot of management interface o Description of how we will be able to manage the splash screen content o How we will be able to access network usage, the type of data we will see, and how we will export the data including the format it will come in - Maintenance o Response time to network issues - Cyber Security o Security protocols in place to protect users and the network RFP200005 13 Pricing Provide the total cost to complete the services described. The proposal should provide a breakdown of the costs based on the sections listed in the Scope of Services, including the cost to deploy the system within the area as defined by the Coverage Map. Metro reserves the right to exclude certain geographic locations from the final Scope of Work, based on the cost/benefit of system deployment, aesthetics, etc. Please provide pricing information related to the costs described below: - Network connectivity o i.e. how much you are charging to provide connectivity to the network - Ongoing maintenance costs o Equipment support o User experience/management interfaces - Management tools - Equipment - Network monitoring RFP200005 14 REQUIRED FEDERAL TERMS Per 24 CFR 85.36: 1. Contractor agrees to provide the Purchaser, the United States Department of Housing and Urban Development Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. 2. Contractor shall comply with Executive Order 11246 of September 24, 1965, entitled ``Equal Employment Opportunity,'' as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60). 3. The Contractor agrees to maintain all books, records, accounts and reports required under this Contract for a period of not less than three years after the date of termination or expiration of this Contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the U.S. Department of Housing and Urban Development, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. 4. Contractor shall comply with the Copeland ``Anti-Kickback'' Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3). 5. Energy Conservation - The Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. See KRS 45A.351. 6. Clean Water – a. The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq . The Contractor agrees to report each violation to the Metro Government and understands and agrees that the Metro Government shall, in turn, report each violation as required to assure notification to the Department of Housing and Urban Development and the appropriate EPA Regional Office. b. The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by the United States Department of Housing and Urban Development. 7. Clean Air – a. The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq . The Contractor agrees to report each violation to the Metro Government and understands and agrees that the Metro Government shall, in turn, report each violation as required to assure notification to the U.S Department of Housing and Urban Development and the appropriate EPA Regional Office. b. The Contractor also agrees to include these requirements in each subcontract exceeding $100,000 financed in whole or in part with Federal assistance provided by the U.S. Department of Housing and Urban Development. 8. The Contractor agrees to comply with Executive Order 11738 and EPA regulations, including but not limited to 40 CFR 15. 9. Copyrights – a. The United States Department of Housing and Urban Development reserves a royaltyfree, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to RFP200005 15 authorize others to use, for Federal Government purposes: i. The copyright in any work developed under a grant, subgrant, or contract under a grant or subgrant; and ii. Any rights of copyright to which a grantee, subgrantee or a contractor purchases ownership with grant support. 10. Patent Rights - This following requirements apply to each contract involving experimental, developmental, or research work: a. General - If any invention, improvement, or discovery is conceived or first actually reduced to practice in the course of or under the contract to which this Attachment has been added, and that invention, improvement, or discovery is patentable under the laws of the United States of America or any foreign country, the Metro Government and Contractor agree to take actions necessary to provide immediate notice and a detailed report to the party at a higher tier until the United States Department of Housing and Urban Development is ultimately notified. b. Unless the Federal Government later makes a contrary determination in writing, irrespective of the Contractor's status (a large business, small business, state government or state instrumentality, local government, nonprofit organization, institution of higher education, individual), the Metro Government and the Contractor agree to take the necessary actions to provide, through the United States Department of Housing and Urban Development, those rights in that invention due the Federal Government as described in U.S. Department of Commerce regulations, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," 37 C.F.R. Part 401. c. The Contractor also agrees to include the requirements of this clause in each subcontract for experimental, developmental, or research work financed in whole or in part with Federal assistance provided by the United States Department of Housing and Urban Development. 11. The Contractor agrees that the reporting requirements contained in 45 CFR 92.40 and 92.41 apply to this Contract and further agrees to abide by any of the requirements therein applicable to it. 12. Per 45 CFR 92.35: The contractor certifies as follows: The contractor certifies that it nor its affiliates are debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, ``Debarment and Suspension.” The certification in this clause is a material representation of fact relied upon by The United States Department of Housing and Urban Development. If it is later determined that the contractor knowingly rendered an erroneous certification, in addition to remedies available to the United State Department of Housing and Urban Development, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. RFP200005 16 12. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)-- Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. 13. Disclaimer: “This report was prepared as an account of work sponsored by an agency of the United States Government. Neither the United States Government nor any agency thereof, nor any of their employees, makes any warranty, express or implied, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product, or process disclosed, or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product, process, or service by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement, recommendation, or favoring by the United States Government or any agency thereof. The views and opinions of authors expressed herein do not necessarily state or reflect those of the United States Government or any agency thereof.” 14. TITLE VI The Metro Government and Bidder shall comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et. seq.) and all implementing regulations and executive orders, and Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 701) and the Kentucky Equal Employment Act 1978 (K.R.S. § 45.550 to 45.640) and the Americans with Disabilties Act (42 U.S.C. § 12101 et. seq.). No person shall be excluded from participation in, be denied the benefits of, or be subject to discrimination in relation to activities carried out under this bid or any contracting resulting from it on the basis of race, color, age, religion, sex, disability, or national origin. This includes provision of language assistance services to individuals of limited English proficiency seeking and/or eligible for services under this bid or resulting contract. 15. Bidder shall comply with the uniform administrative requirements contained in 2 CFR 200. 16. ALL FEDERAL: Bidder's DUNS Number If you do not have a DUNS number, contact Dun & Bradstreet at - or go to http://fedgov.dnb.com/webform/displayHomePage.do RFP200005 17 SECTION 3 EVALUATION CRITERIA 3.1 Evaluation Process After receipt of proposals the Metro Government shall evaluate all responses based on the criteria below. During that evaluation, the Metro Government shall rank all responses, again based on the criteria described below. Once the RFP Responses are ranked, the Metro Government shall determine in writing which responses are reasonably susceptible of being awarded the work. The Metro Government shall thereafter conduct negotiations with each of those “reasonably susceptible” Proposers, unless the Metro Government concludes that an award may be made without negotiations, as allowed by KRS 45A.370 (3). The Metro Government will conduct a multi-stage process for selecting proposals that are determined to be reasonably susceptible to award. Pre-Stage There are two affirmative action requirements which apply to Metro Government contracts: a) Affirmative Action in Employment and b) Affirmative Action in the subcontracting of Minority, Female and Handicapped-owned businesses. The Louisville Human Relations Commission (HRC) is responsible for compliance of these requirements. Failure to submit the HRC “Good Faith Effort” requirements identified in this RFP document will cause the proposal to be deemed non-responsive. Stage 1 The RFP evaluation committee shall score all proposals based upon the evaluation criteria detailed herein as well as any preferences authorized in Louisville Metro County Ordinance identified in this RFP. Upon completion of the scoring, the committee shall recommend short-listing the proposals that are reasonably susceptible of being awarded. Stage 2 Vendors whose proposals have been identified as reasonably susceptible to award may be invited to discuss their proposal with the RFP evaluation committee. The date, time and location of the meetings will be negotiated. The committee may carry out contract negotiations for the purpose of obtaining best and final offers, terms, and conduct detailed reference checks on the short listed vendors. The Metro Government reserves the right to contact respondents with requests for clarification. RFP200005 18 Award There exists the possibility that an award may be made on the basis of initial offers if it can be clearly demonstrated and documented from the existence of adequate competition or accurate prior cost experience that acceptance of an initial offer without discussion (Stage 2) would result in fair and reasonable prices (KRS 45A.370(3)(c)). Award will be made to the responsible offeror whose proposal is determined in writing to be the most advantageous to Louisville Metro Government based upon the evaluation factors set forth in this RFP. 3.2 Evaluation Criteria The Proposals received pursuant to this Request for Proposals will be evaluated on the following selection criteria: Price 20 Points Qualifications and Experience 40 Points Quality of Proposed Solution 40 Points TOTAL 100 POINTS 3.3 Proposals will be reviewed by a committee consisting of representatives from: • RFP200005 Technology Department 19 SECTION 4 GENERAL PROVISIONS 4.1 Proposal Acceptance Metro Government may award Proposals in its best interest, reject proposals or any part of them, award contracts in whole or part, waive what it concludes in its discretion are minor problems with proposals, including but not limited to formalities or technicalities. The Metro Government may consider any alternative proposals which meet its needs. 4.2 Payment Terms: Net 30 days. 4.3 Pricing 4.3.1 4.3.2 Proposal prices shall be firm for at least six (6) months after the Proposal closing date. Project-Specific Contracts: Pricing for specific Metro Government projects shall not change for the duration of the contract. 4.3.3 Non-Project Specific Contracts, Including Price Contracts: 4.3.3.1 For non-project-specific contracts, including Price Contracts, Proposer agrees that prices shall not change for the first year of that contract. 4.3.3.2 If a contract is renewed, all price increase requests after the first year must be submitted in writing to the Purchasing Division, 611 West Jefferson Street, Mezzanine Level, Louisville, KY 40202. Upon notification by the vendor of documented market increases, Proposer agrees that the Metro Government may either accept the price change or terminate the contract. Increases shall not be effective until the Metro Government’s approval of them is received by the Proposer in writing. 4.3.4 Prices quoted shall be exclusive of the State and Federal Excise Tax, since the Metro Government is exempt from them. 4.3.5 Time discounts or cash discounts shall not be considered in Proposal evaluation. 4.3.6 Prices for any Proposal item shall not be contingent upon the purchase of any other Proposal item. 4.3.7 If `approximate yearly usage' is supplied, it is only to aid vendors in preparation of Proposals and under no circumstances binds the Metro Government to purchase those amounts. 4.3.8 Proposer should show unit prices and extended prices (unit prices multiplied by the number of units proposed to be purchased). 4.4 Special Conditions for Price Contracts: 4.4.1 4.4.2 RFP200005 A “Price Contract” is an agreement for the purchase of goods and possibly services which the Metro Government may utilize to fill its needs throughout the term of the contract. It is not a contract for a specific project, though purchases may be made for particular projects as the need arises. A Price Contract does not obligate the Metro Government to purchase any amount of the Proposal goods or services. The Metro Government may renew contracts for a period of one (1) year and from year to year thereafter, upon the same terms and conditions as the original contract, if such renewal or extension is agreed to by the contractor. Total contract period cannot exceed five (5) years. Written notice of Metro Government's intention to renew will be sent prior to the expiration date. 20 4.4.3 4.4.4 Any government entity in Kentucky shall have the option of making purchases under a Price Contract executed under this Proposal. If a price contract is awarded hereunder, the Proposer agrees the Metro Government may nonetheless issue a separate Proposal for the products or services which are the subject of this Proposal. 4.5 Special Conditions Applicable to Contracts for the Purchase of Goods (including Price Contracts, if those contracts are for the purchase of goods- Proposer must submit all factory literature and supporting documentation with each submitted copy of its RFP. Proposer shall provide prices for goods as FOB Delivered. Metro shall not pay for shipping, handling or any other associated charges for shipping. All goods purchased are subject to inspection at the point of delivery by the Metro Government. Proposer agrees to pay all costs for the return of rejected goods. 4.6 Worker Safety The Proposer agrees to comply with all statutes, rules, and regulations governing safe and healthful working conditions, including the Occupational Health and Safety Act of 1970, 29 U.S.C. 650 et.seq., as amended, and KRS Chapter 338. The Proposer will provide training documentation for all standards applicable to the job. Necessary trainings would include, but are not limited to, remediation, abatement, powered industrial truck equipment brought on site by bidder, SDS for all chemicals brought to site by bidder, confined space, fall protection, or any other trainings required by an afore mentioned standard under the scope of work being proposed. The Proposer agrees to provide, for all their employees working on properties where Metro employees reside, documentation of current (annual) asbestos awareness training, per OSHA’s-(k)(9)(vi) regulation. The Proposer also agrees to notify the Metro Government in writing immediately upon detection of any unsafe and/or unhealthful working conditions on Metro Government property. Proposer agrees to indemnify, defend and hold the Metro Government harmless from all penalties, fines or other expenses arising out of the alleged violation of said laws. 4.7 Records Retention Proposer shall maintain during the course of the work, and retain not less than five years from the date of final payment on the contract, complete and accurate records of all of Proposer’s costs which are chargeable to the Metro Government under this Agreement; and the Metro Government shall have the right, at any reasonable time, to inspect and audit those records by authorized representatives of its own or of any public accounting firm selected by it. The records to be thus maintained and retained by Proposer shall include (without limitation): (a) payroll records accounting for total time distribution of Proposer’s employees working full or part time on the work (to permit tracing to payrolls and related tax returns), as well as canceled payroll checks, or signed receipts for payroll payments in cash; (b) invoices for purchases receiving and issuing documents, and all the other unit inventory records for Proposer’s stores stock or capital items; and (c) paid invoices and canceled checks for materials purchased and for subcontractors’ and any other third parties’ charges. 4.8 Multiple Awards As allowed by the Metro Government Finance Manual (Purchasing Policies, Section III, A, 3), multiple contracts may be issued and those contracts, if any, shall be ranked as primary, secondary, etc. A secondary or lower ranking contract may be used if the primary contractor is unable to perform. RFP200005 21 However, the primary contractor shall be given the first opportunity to provide the services required. Contracts shall be utilized in the order stated in the award. 4.9 Protest Policy Bidders/Proposers who wish to protest must do so in writing. The subject of the protest shall be limited to fraud, corruption, or illegal acts undermining the objectivity and integrity of the procurement process. The protest must be received in accordance with the timing and documentation requirements for the type of protest. A protest regarding solicitation must be received no later than five (5) days before the due date for submittals. Any protest regarding the intent to award of the contract must be received no later than three (3) days after posted intent to award. The protest must include: name, address, telephone, and e-mail address of the protesting party and the person representing them; a complete statement of the legal grounds for the protest specifically identifying law, rule, regulation or procedure alleged to have been violated; relevant support documentation; a statement regarding the course of action the protesting party desires. Written protests should be submitted either by mail or hand delivered between 8:00 a.m. and 5:00 p.m. to the Office of Management & Budget; Department of Purchasing; 611 W. Jefferson Street; Louisville, KY 40202; OR, by email to:-If the protest does not meet the time or content requirements it will not be considered. For more information on this policy visit: www.louisvilleky.gov/purchasing. 4.10 Open Records All materials submitted in response to the solicitation document will become the property of the Metro Government. One copy of a submitted Proposal will be retained for official files and will become public record. In general, under the Kentucky Open Records Act (Kentucky Revised Statutes, sections 61.870 – 61.884), public records of the Metro Government are subject to disclosure to a requesting party. Any material that a vendor considers as confidential, but does not meet the disclosure exemption requirements of the Open Records Act (“ORA”), should not be included in the vendor’s Proposal , as it may be made available to the public. If a vendor’s Proposal contains materials noted or marked as confidential and/or proprietary that, in Metro’s sole opinion, meet the disclosure exemption requirements of the ORA, then that information will not be disclosed in response to a written request for public documents. If Metro does not consider such material to be exempt from disclosure under the ORA, the material may be made available to the public, regardless of the notation or marking. If a vendor is unsure if its confidential and/or proprietary material meets the disclosure exemption requirements of the ORA, then it should not include such information in its Proposal because such information may be disclosed to the public. 4.11 Bribery Clause By his/her signature on the Proposal, Proposer certifies that none of its employees, any affiliate or Subcontractor, have bribed or attempted to bribe an officer or employee of the Metro Government. 4.12 Entire Agreement A contract executed under this Proposal shall include this RFP and the Proposer’s response thereto (“Response”) and that contract shall constitute the entire agreement and understanding of the parties RFP200005 22 with respect to the subject matter set forth herein and that contract supersedes any and all prior and contemporaneous oral or written agreements or understandings between the parties relative thereto. No representation, promise, inducement, or statement of intention has been made by the parties which will not be embodied in that contract. The contract cannot be amended, modified, or supplemented in any respect except by a subsequent written agreement duly executed by all of the parties hereto. 4.13 Termination for Cause 4.13.1 Metro Government may terminate a contract because a contractor fails to perform its contractual duties. 4.13.2 If a contractor is determined to be in default, Metro Government shall notify the contractor in writing and may either 1) terminate the contract immediately or 2) set a date by which the contractor shall cure the identified deficiencies. Metro Government may proceed with termination if the contractor fails to cure the deficiencies within the specified time. 4.13.3 A default in performance by a contractor for which a contract may be terminated shall include, but not be limited to: 4.13.3.1 Failure to make delivery within the time specified or according to a delivery schedule fixed by the contract; 4.13.3.2 Late payment or nonpayment of bills for labor, materials, supplies, or equipment furnished in connection with a contract for construction services as evidenced by mechanics' liens filed pursuant to the provisions of KRS Chapter 376, or letters of indebtedness received from creditors by the purchasing agency; 4.13.3.3 Failure to diligently advance the work under a contract for construction services; 4.13.3.4 The filing of a bankruptcy petition by or against the contractor; or 4.13.3.5 Actions that endanger the health, safety or welfare of Metro Government or its citizens. 4.13.4 In the event that, during the terms of this Contract, funds are not appropriated for the payment of the Metro Government’s obligations hereunder, the Metro Government’s rights and obligations herein shall terminate on the last day for which an appropriation has been made. 4.14 At Will Termination Notwithstanding the above provisions, the Metro Government may terminate this contract at will in accordance with the law upon providing thirty (30) days written notice of that intent. Payment for services or goods received prior to termination shall be made by the Metro Government provided those goods or services were provided in a manner acceptable to the Metro Government. Payment for those goods and services shall not be unreasonably withheld. 4.15 Force Majeure Neither Proposer nor the Metro Government shall be liable in damages or have the right to terminate a contract executed hereunder for any delay or default in performing that contract if such delay or default is caused by conditions beyond either party’s control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected. 4.16 Assignment of Contract RFP200005 23 The Proposer shall not assign or subcontract any portion of the Contract without the express written consent of Metro Government. Any purported assignment or subcontract without the written consent of the Metro Government shall be void. Proposer agrees that the Metro Government shall consent to any request for assignment or subcontract in its sole discretion. If ownership of Proposer changes, Proposer or its successor firm shall notify Metro Purchasing in writing within 30 days of the Proposer’s receiving notice that its ownership is changing, including but not limited to purchase or other transfer. 4.17 No Waiver No failure or delay by Metro Government in exercising any right, remedy, power or privilege hereunder, nor any single or partial exercise thereof, nor the exercise of any other right, remedy, power or privilege shall operate as a waiver hereof or thereof. No failure or delay by Metro Government in exercising any right, remedy, power or privilege under or in respect of this Contract shall affect the rights, remedies, powers or privileges of Metro Government hereunder or shall operate as a waiver thereof. 4.18 Authority to do Business The Proposer must be a duly organized and authorized to do business under the laws of Kentucky. Proposer must be in good standing with all government agencies and have full legal capacity to provide the services specified under this Contract. The Proposer must have all necessary right and lawful authority to enter into this Contract for the full term hereof and that proper corporate or other action has been duly taken authorizing the Proposer to enter into this Contract. The Proposer will provide Metro Government with a copy of a corporate resolution authorizing this action and a letter from an attorney confirming that the Proposer is authorized to do business in the State of Kentucky, if requested. 4.19 Governing Law The Contract shall be governed by and construed in accordance with the laws of the State of Kentucky. In the event of any proceedings regarding the Contract, the Parties agree that venue shall be the state courts of Kentucky or the U.S. District Court for the Western District of Kentucky, Louisville Division. All parties expressly consent to personal jurisdiction and venue in such Court for the limited and sole purpose of proceedings relating to the Contract or any rights or obligations arising thereunder. Service of process may be accomplished by following the procedures prescribed by law. 4.20 Ability to Meet Obligations Proposer affirms that there are no actions, suits or proceedings of any kind pending against Proposer or, to the knowledge of the Proposer, threatened against Proposer before or by any court, governmental body or agency or other tribunal or authority which would, if adversely determined, have a materially adverse effect on the authority or ability of Proposer to perform its obligations under this Contract, or which question the legality, validity or enforceability hereof or thereof. 4.21 Per KRS 45A.455 Conflict of Interest 1. It shall be a breach of ethical standards for any employee with procurement authority to participate directly in any proceeding or application; request for ruling or other determination; claim or controversy; or other particular matter pertaining to any contract, or subcontract, and any solicitation or Proposal therefore, in which to his knowledge: a. He, or any member of his immediate family has a financial interest therein; or b. A business or organization in which he or any member of his immediate family has a financial interest as an officer, director, trustee, partner, or employee, is a party; or c. Any other person, business, or organization with whom he or any member of his immediate family is negotiating or has an arrangement concerning prospective employment is a party. Direct or indirect participation shall include but not be limited to involvement through decision, approval, disapproval, recommendation, preparation of any RFP200005 24 2. 3. 4. 5. part of a purchase request, influencing the content of any specification or purchase standard, rendering of advice, investigation, auditing, or in any other advisory capacity. It shall be a breach of ethical standards for any person to offer, give, or agree to give any employee or former employee, or for any employee or former employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment, in connection with any decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or purchase standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling or other determination, claim or controversy, or other particular matter, pertaining to any contract or subcontract and any solicitation or Proposal therefore. It is a breach of ethical standards for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order. The prohibition against conflicts of interest and gratuities and kickbacks shall be conspicuously set forth in every local public agency written contract and solicitation therefor. It shall be a breach of ethical standards for any public employee or former employee knowingly to use confidential information for his actual or anticipated personal gain, or the actual or anticipated personal gain of any other person. 4.22 Violations of and Compliance with Kentucky Law Per KRS 45A.485, Contractor shall reveal any final determination of a violation by the Contractor or subcontractor within the previous five (5) year period pursuant to KRS Chapters 136, 139, 141, 337, 338, 341 and 342 that apply to the Contractor or subcontractor. The Contractor shall be in continuous compliance with the provisions of KRS Chapters 136, 139, 141, 337, 338, 341 and 342 that apply to the Contractor or subcontractor for the duration of the contract. 4.23 Suspension or Debarment Suspension or debarment of a vendor may occur as a result of a pattern of noncompliance or a single instance of flagrant noncompliance with the terms and conditions of LMG’s policies, procedures, program guidelines or agreement(s). If suspended or debarred, the vendor shall be removed from any contracting opportunities and payments. Information on types of violations that warrant suspension or debarment and an appeal process for the vendor is available at www.louisvilleky.gov/purchasing. 4.24 Discrimination The contractor agrees that in the performance of this agreement with the Metro Government, he/she will not discriminate against any workers because of race, creed, color, religion, national origin, handicap, sex, sexual orientation or gender identity and will comply with all applicable Federal, State or local laws and regulation prohibiting such discrimination. The aforesaid provision shall include, but not be limited to the following: Employment and upgrading, demolition or transfer, recruitment and recruitment advertising, lay-off or termination, rates of pay or other forms of compensation, selection for training including apprenticeship. The contractor agrees to post thereafter in conspicuous places, available for employees and all applicants for employment, notices setting forth the provisions of the above non-discrimination clause. The contractor further agrees to insert the foregoing provision in all sub-contracts hereunder. 4.25 Invoicing Requirements 4.25.1 Proper Invoice For an invoice to be a proper invoice the requirements must be set as forth in the agreement or contract; however, in addition, no invoice submitted by Supplier/Contractor will be considered a proper invoice unless the invoice is an original invoice, delivered to the Louisville Metro Government in accordance with the purchase order, and containing the following additional information: RFP200005 25 - Purchase Order or Release Number under which the purchase was made; Name of Louisville Metro Government Agency and Requestor initiating purchase; Invoice date; Vendor Name, Address, and Contact Information, including remittance if different; Unique invoice number; Account number or other identifying number agreed to by contract (if applicable); Description of goods, services or property provided to the Louisville Metro Government; 4.25.1.8 Date good, services, or property were provided to the Louisville Metro Government; 4.25.1.9 The quantity, unit and total price of the goods, services, or property provided to Louisville Metro Government matching the contractual amounts including discount percentages, if applicable. 4.25.1.10 No shipping costs or fuel surcharges unless specified in the solicitation; Louisville Metro Government is not subject to sales tax. 4.25.1.11 Applicable discount payment terms. 4.25.2 Invoice Submittal Louisville Metro Government accepts e-Invoices. The electronic submission of invoices expedites review and payment processing. Invoices are currently accepted in .PDF, .XLS, .XLSX, .DOC, .DOCX, and .TXT file formats. Please submit your invoice as an attachment in one of the above referenced format. Only one invoice attached to each email. Send to- If unable to send invoices electronically, mail to: Accounts Payable 611 West Jefferson Street. Louisville, KY 40202 All Statements of Account must be submitted by mail. 4.25.3 Payment Remittance Payments will be made by check unless other methods are requested. Other payment options include e-payable and P-card. Contact Accounts Payable at- or-for more information. RFP200005 26 SECTION 5 HOLD HARMLESS AGREEMENT AND INDEMNIFICATION CLAUSE AND INSURANCE REQUIREMENTS 5.1 Hold Harmless and Indemnification Clause The Contractor shall indemnify, hold harmless, and defend the Louisville/Jefferson County Metro Government, its elected and appointed officials, employees, agents and successors in interest from all claims, damages, losses and expenses including attorneys' fees, arising out of or resulting, directly or indirectly, from the Contractor's (or Contractor's Subcontractors, if any) performance or breach of the contract provided that such claim, damage, loss, or expense is: (1) attributable to personal injury, bodily injury, sickness, death, or to injury to or destruction of property, including the loss of use resulting therefrom, or breach of contract, and (2) not caused by the negligent act or omission or willful misconduct of the Louisville/Jefferson County Metro Government or its elected and appointed officials and employees acting within the scope of their employment. This Hold Harmless and Indemnification Clause shall in no way be limited by any financial responsibility or insurance requirements and shall survive the termination of this Contract. 5.2 Insurance Requirements All insurance requirements including performance and payment bonds shall be furnished the day a contract issued pursuant to this Proposal is awarded. HOLD HARMLESS AGREEMENT AND INDEMNIFICATION CLAUSE AND INSURANCE REQUIREMENTS A. Prior to commencing work, Contractor shall obtain at its own cost and expense the following types of insurance through insurance companies licensed in the State of Kentucky. Insurance written by nonadmitted carriers will also be considered acceptable, in accordance with Kentucky Insurance Law (KRS-). Workers' Compensation written through qualified group self-insurance programs in accordance with Kentucky Revised Statutes (KRS 342.350) will also be acceptable. The Contractor shall not commence work under this Contract until all insurance required under the Contract Document has been obtained and until copies of policies or certificates thereof are submitted to Metro Government and approved by the Metro Government’s Risk Management Division. The Contractor shall not allow any subcontractor to commence work until the insurance required of such subcontractor has been obtained and copies of Certificates of Insurance retained by Contractor evidencing proof of coverages. Without limiting Contractor's indemnification requirements, it is agreed that Contractor shall maintain in force at all times during the performance of this agreement the following policy or policies of insurance covering its operations, and require subcontractors, if subcontracting is authorized, to procure and maintain these same policies until final acceptance of the work by the Metro Government. Metro Government may require Contractor to supply proof of subcontractor’s insurance via Certificates of Insurance, or at Metro Government’s option, actual copies of policies. B. The following clause shall be added to the Contractor's (and approved subcontractors) Commercial General Liability Policies: 1. "The Louisville/Jefferson County Metro Government, its elected and appointed officials, employees, agents and successors are added as an "Additional Insured" as respects operations of the Named Insured performed relative to the contract.” C. The insurance to be procured and maintained and minimum Limits of Liability shall be as follows, unless different limits are specified by addendum to the contract (and such minimum limits shall not limit access to the full amount of insurance available (whether through primary, excess or umbrella RFP200005 27 policies) on the contractors or subcontractors policy(ies), if that/those policy(ies) provide for Limits above the minimum): 1. COMMERCIAL GENERAL LIABILITY: via the Occurrence Form, primary and non-contributory, with a $1,000,000 Combined Single Limit for any one Occurrence and $2,000,000 aggregate for Bodily Injury, Personal Injury and Property Damage and Products/Completed Operations, including: a. b. c. d. e. f. Premises - Operations Coverage Products and Completed Operations Contractual Liability Broad Form Property Damage Independent Contractors Protective Liability Personal Injury 2. WORKERS' COMPENSATION (if applicable): insuring the employers' obligations under Kentucky Revised Statutes Chapter 342 at Statutory Limits, and EMPLOYERS' LIABILITY $100,000 Each Accident/$500,000 Disease - Policy Limit/$100,000 Disease - Each Employee. 3. AUTOMOBILE LIABILITY: insuring all Owned, Non-Owned and Hired Motor Vehicles. The minimum coverage Liability Limit is $1,000,000 Combined Single Limit for any one accident. The Limit of Liability may be subject to increase according to any applicable State or Federal Transportation Regulations. 4. NETWORK SECURITY/CYBER LIABILITY: which includes a minimum limit of liability of $1,000,000 for each Wrongful Act, and $2,000,000 aggregate limit insuring the costs of theft, destruction or unauthorized use of electronic data through computer viruses and network intrusions including costs of notice to impacted individuals. 5. PROFESSIONAL LIABILITY: (Technology Errors and Omissions Liability) insurance policy, which includes a minimum limit of liability of $1,000,000 for each Wrongful Act, as well as a $2,000,000 aggregate. In the event that the Contractor's policy is written on a "Claims Made" Form, the Contractor shall, after work has been completed, furnish evidence that the liability coverage has been maintained for at least one year after completion of work, either by submitting renewal policies with a Retroactive Date of not later than the date work commenced under this contract, or by evidence that the Contractor has purchased an Extended Reporting Period Endorsement that will apply to any and all claims arising from work performed under this contract. D. ACCEPTABILITY OF INSURERS Insurance is to be placed with Insurance Companies with an A. M. Best Rating of no less than "A- VI", unless proper financial information relating to the Company is submitted to and approved by Metro Government’s Risk Management Division. E. MISCELLANEOUS 1. The Contractor shall procure and maintain insurance policies and shall furnish Certificates of Insurance upon the execution of the Contract. The Certificates shall include the name and address of the person executing the Certificate of Insurance as well as the person's signature. If policies expire before the completion of the Contract, renewal Certificates of RFP200005 28 Insurance shall be furnished to Metro Government at least fifteen (15) days prior to the expiration of any policy(s). 2. Upon execution of the contract, Certificates of Insurance as required above shall be furnished to: Louisville/Jefferson County Metro Government Office of Management and Budget Purchasing 611 West Jefferson Street Louisville, Kentucky 40202 3. Upon Renewal of insurance coverage (s), Certificates of Insurance evidencing renewal shall be furnished to: Louisville/Jefferson County Metro Government Office of Management and Budget Risk Management Division 611 West Jefferson Street Louisville, Kentucky 40202 4. CANCELLATION OR MATERIAL CHANGE OF COVERAGE: Contractor shall notify Metro Government’s Risk Management Division of any policy cancellation within two business days of its receipt of same. Upon any material change (changes that reduce/restrict limit or terms and conditions to your insurance coverage) in coverage as required above, Contractor shall notify Metro Government’s Risk Management Division within two business days. If Contractor fails to notify Metro Government as required by this Agreement, Contractor agrees that such failure shall be a breach of this Agreement. Metro Government reserves the right to require the insurance policy(s) required above to be specifically endorsed to provide notice of cancellation and/or material change of coverage in accordance with policy provisions. When requested by the Metro Government, a copy of the policy endorsement shall be provided to Metro Government’s Risk Management Division. 5. Approval of the insurance by Metro Government shall not in any way relieve or decrease the liability of the Contractor hereunder. It is expressly understood that Metro Government does not in any way represent that the specified Limits of Liability or coverage or policy forms are sufficient or adequate to protect the interest or liabilities of the Contractor. RFP200005 29 Section 6 HUMAN RELATIONS COMMISSION GOOD FAITH EFFORT ("GFE") REQUIREMENTS Participation by certified female owned, certified handicapped owned, or certified minority owned business entities or utilization by contractors of certified female, certified handicapped, or certified minority owned business as subcontractors, if the contract requires or warrants the use of subcontractors, is strongly encouraged and will be a consideration in determining the award of a contract. All contractors are to utilize their best good faith efforts to utilize subcontractors, certified female owned, certified handicapped owned, and certified minority owned businesses if the procurement situation requires or warrants the use of subcontractors. Good faith efforts by contractors shall be made to reach the goals established by Metro Code of Ordinances § 37.67. Under Metro Code of Ordinances §37.67, Louisville Metro Government has adopted the following minimum utilization goals for its annual procurement expenditures with certified minority owned, female owned and handicapped owned business enterprises ("MFHBEs"): • 15% for certified minority owned businesses • 5% for certified female owned businesses; and • 0.5% for certified handicapped owned businesses. Failure to meet such goals will not result in disqualification from participation in the particular procurement process. Contractors, however, will be expected to provide written explanations (See attached GFE Forms) to the Executive Director of the Human Relations Commission of efforts they have made to utilize as subcontractors from certified minority, female and handicapped owned businesses. Good faith efforts of a potential bidder include, but are not limited to the following: • Attendance at pre-bid meetings, if any, scheduled to inform MFHBEs of prime and subcontracting opportunities; • Advertisement in general circulation media, trade association publications, and minority and female business enterprise media to provide notice of subcontracting opportunities; • Communication with the Human Relations Commission Office seeking assistance and identifying available qualified MFHBEs; • Efforts made to select portions of work for MFHBE subcontracting in areas with established availability or MFHBE subcontractors; • Providing a minimum of ten days written notice to known qualified MFHBEs that their interest in prime and subcontracting opportunities or furnishing supplies is solicited; • Efforts to negotiate with qualified MFHBEs for specific sub-bids, including reasons for rejection of any such sub-bids offered. • Efforts made to assist qualified MFHBEs meet bonding, insurance, or other governmental contracting requirements. These requirements are contractual obligations and will be included in the construction contract. Failure to comply may result in a finding of breach of contract, possible disqualification of the Bidder to bid on future contracts, or a claim for damages. RFP200005 30 SUBCONTRACTOR AND SELF-PERFORM WORK LIST (FORM GFE-1) FORM GFE-1 DUE WITH BID PACKET FROM ALL BIDDERS (Failure to timely submit Form GFE-1 will result in bid rejection) • Bidders shall list ALL Subcontractors/Suppliers to be used on this contract regardless of the dollar amount on Form GFE-1. If this bid includes bid alternates for additional work, Bidders shall list ALL Subcontractors/Suppliers who will be used if Louisville Metro elects to contract the additional work. • Bidders are required to make good faith efforts to subcontract with MFHBEs for every division of work available in this bid opportunity ("Divisions of Work") unless the work will be self-performed by the Bidder. • Bidders shall list any GFE Divisions of Work they intend to self-perform and separately list any GFE Divisions of Work where the identity of the subcontractor who will perform the work is undetermined at bid time. NOTE: If you are not using subcontractors, you should indicate "ALL" in the "Divisions of Work (Bidder Will Self-Perform)" section, sign and submit the form. • Examples of Divisions of Work to be listed on Form GFE-1 include, but are not limited to: clearing/earthwork, site concrete, asphalt paving, framing, painting, flooring plumbing, electrical, and HVAC. The number of subcontracting opportunities or Divisions of Work for GFE purposes may be greater and/or different than the divisions of work that might be outlined in the technical specifications. • Best good faith efforts require that Bidders make contact with each MFHBE at least ten (10) calendar days before bid opening and that MFHBEs be provided the same information as other subcontractors/suppliers. • Bidders shall contact MFHBEs by letter, fax or email ("Written Communication") to advise them of potential subcontracting opportunities. • Bidders should follow up the Written Communication with telephone calls to each MFHBE contacted to determine if a bid will be submitted or if further information is required. A MFHBE need not be contacted if that MFHBE responds to the Written Communication with a statement that the MFHBE will not bid on this project or if a MFHBE has already submitted a sub-bid. MFHBE SUBCONTRACTOR GFE LOG (FORM GFE-2) FORM GFE-2 WITH ATTACHED WRITTEN COMMUNICATIONS DUE WITH BID PACKET FROM ALL BIDDERS (Failure to timely submit Form GFE-2 will result in bid rejection and failure to timely submit the attached Written Communications may result in bid rejection, at the Metro Government's discretion) • Each Bidder shall submit with the Form GFE-2 one copy of each Written Communication sent to a MFHBE Subcontractor/Supplier to solicit bids for this project. • Optional Good Faith Efforts Bidders should consider public advertisements, attendance at pre-bid meetings, and technical and/or financial assistance to MFHBEs as part of their good faith efforts activities. Such activities should be listed on GFE-2 with written documentation of such activities attached. SUBCONTRACTOR PAYMENT CERTFICATION (Previously FORM GFE-3) AUDITS DUE EACH MONTH OF THE CONTRACT PERIOD • The reporting of subcontractor payments for all Louisville Metro Government contracts will be accomplished by completing monthly audits on https://louisvilleky.diversitycompliance.com. All forms are available on the Louisville Metro Human Relations Commission website: https://louisvilleky.gov/government/human-relations-commission RFP200005 31