Request for Proposals Jail Control System For The City of ... Control System RFP.pdf(5) year...

Request for Proposals

Jail Control System For The City of Bloomington, MN

February 1, 2017

Due: 11:00 A.M., CST, Wednesday, February 22, 2017

At the Office of the Purchasing Agent City of Bloomington

1800 W Old Shakopee Road, Bloomington, MN 55431-3096

City of Bloomington RFP for “Jail Control System”

Table of Contents I. Purpose ......................................................................................................................... 3 II. Objective ...................................................................................................................... 3 III. Definitions .................................................................................................................... 3 IV. Existing Environment ................................................................................................... 4 V. Inquiries ........................................................................................................................ 4 VI. Projected Timetable ...................................................................................................... 5 VII. Scope of Work .............................................................................................................. 5

A. Statement of Work .............................................................................................................................. 5 B. Project Deliverables ............................................................................................................................ 5 C. Project Schedule ................................................................................................................................. 7 D. Attachment A: List of Cameras .......................................................................................................... 7

VIII. Submittal Requirements ....................................................................................... 7 IX. Submission of Proposal ................................................................................................ 9 X. Proposal Evaluations (Evaluation Criteria) ................................................................ 10 XI. Contract Award .......................................................................................................... 12

A. Negotiations and Contract Execution ............................................................................................... 12 B. Contracting Ethics ............................................................................................................................ 12

XII. Disposition of Responses ........................................................................................... 12 XIII. Insurance Requirements ..................................................................................... 13 XIV. Contract Terms and Conditions: ........................................................................ 14 XV. Confirmation of Receipt of Addenda ..................................................................... 15 XVI. Statement of Non-Collusion ............................................................................... 16 XVII. Sample Contract ................................................................................................. 17


I. Purpose The City of Bloomington (City), Minnesota is seeking Proposals from qualified individuals, firms, partnerships, and corporations having specific experience in the area(s) of detention center or jail control systems and interested in providing complete installation, training and on-going support services to the City.

II. Objective The City desires to replace its current Jail Control System in its Police Department with a new state of the art system. The City and the successful Vendor are expected enter into a contract to install, upgrade, train, support and maintain the Jail Control System, as well as a separate five (5) year maintenance agreement post- software and hardware installation maintenance of the Jail Control System.

III. Definitions ADDENDA – Written instruments issued by the City prior to the date for receipt of Proposals which modify or interpret the Request for Proposal (RFP) documents by addition, deletions, clarification or corrections. CITY - The City of Bloomington, a political subdivision of the State of Minnesota. CONTRACT - The written agreement between the City and the Contractor covering the performance of the Project. The contract documents consist of the Request for Proposals, submitted Proposal, including any diagrams, blueprints, addenda, and a form of agreement between the City and the Contractor. CONTRACTOR - The qualified Vendor/consultant that is awarded a contract to complete the Project for the City of Bloomington. JAIL CONTROL SYSTEM – (JCS) A computer system that has the ability to control the doors, intercoms, CCTVs, and cameras that will integrate with the current components in the jail and dispatch area and video recording solution including but not limited to hardware, software, and maintenance. PROJECT –Provide a replacement/upgrade to the City’s Jail Control System including installation, training, on-going support services. PROPOSAL – A complete and properly signed proposal to provide goods, commodities, labor or services for the sum stated and submitted in accordance with the Request for Proposal.


PROPOSER - The person, Contractor, corporation or other entity submitting a Proposal on items listed in the RFP Documents and thereby agreeing to meet the terms and conditions of the specifications if awarded the contract. VENDOR - The person, consultant, corporation or other entity submitting a Proposal on items listed in the RFP and thereby agreeing to meet the terms and conditions of the specifications if awarded the contract.

IV. Existing Environment The existing JCS is original to the building, built in 2003, and has not been updated substantively in that time. The existing JCS is controlled by a Programmable Logic Controller (PLC) responsible for twenty-one (21) doors, including all jail and sallyport doors, twenty (20) jail cell lighting controls and sixteen (16) intercom locations. The JCS is integrated with the existing Closed-Circuit Television system (CCTV) for camera input switching and viewing of fifty-nine (59) cameras. There are a total of five (5) JCS terminals located in the Police Department: one (1) in the jail office, one (1) in the Sergeant’s Office, and three (3) in the dispatcher’s office. The reliable operation of this system is critical to the safety of officers and detainees within the City’s jail. The existing cameras are analog cameras that are connected via COAX cabling and no longer provide proper quality of images. They also are connected to an old video MUX that is passing signals through to our current camera system rather than being accessible directly. All of these issues lead to a current configuration that is not sustainable.

V. Inquiries It shall be the responsibility of the Proposer to inquire about any portion of the RFP that is not fully understood or susceptible to more than one (1) interpretation. Written inquiries are required. Oral communications will not be accepted, except to confirm delivery of proposal or written correspondence. All questions concerning the RFP must reference the page number, section heading, and paragraph. Questions may be submitted via email. Please place “Jail Control System Question” in the subject line. Vendors needing additional submittal or general requirement information should contact Heather Forcier Boettcher, City of Bloomington Purchasing Agent via email: [email protected]. All inquiries, questions, or clarifications must be submitted not later than seven (7) calendar days prior to the due date of this RFP. Those inquiries, questions, or clarifications submitted after this date will not be answered. All inquiries will be responded to within three (3) business days. Inquiries and the City’s response will be provided to all Contractors who acquired an RFP. Do not ask other City personnel questions, as information gathered from other sources may not reflect the City’s position or interest and could result in disqualification.


The City reserves the right to contact Contractors individually for the purpose of clarifying Proposals. Any Addenda to this RFP will be issued in writing. No oral statements, explanations, or commitments shall be provided. Contractors must return Confirmation of Receipt of Addenda with their proposals noting receipt of any addendums that may be issued.

VI. Projected Timetable

Issue Request for Proposals February 1, 2017 Questions in Writing Cutoff February 15, 2017 Amendment/Addendum to RFP February 21, 2017 Proposals Due February 22, 2017 Evaluation of Proposals February 23 – March 3, 2017 Council Approval March 20 2017 Contract Execution April 1, 2017 Notice to Proceed April 1, 2017

VII. Scope of Work

A. Statement of Work

The Contractor shall provide a fully furnished, installed, and operational JCS, including ongoing maintenance and support, end-user training and other related miscellaneous items for the City’s jail.

B. Project Deliverables

The Contractor shall: Prior to upgrade provide comprehensive pre-test of existing JCS to determine

malfunctioning components. Furnish and install six (6) touchscreen workstations for JCS control operations. Provide six (6) workstation software licenses compatible with current Microsoft

Windows Operating Systems.


Reuse existing PLC hardware if compatible with proposed solution. Provide replacement PLC hardware as necessary to accomplish the control of all existing security devices including: o Twenty-six (26) door controls o Twenty (20) lighting controls o Twenty-two (22) intercoms (twenty-one (21) existing, one (1) new) o Seven (7) switch activated recording locations (six (6) existing, one (1) new)

Provide documentation on PLC configuration, both physical and logical, calling special attention to new vs. reused components

Identify and create separate configurations for the “In-Jail” and “Out-of-Jail” Consoles o One (1) In-Jail Console installed at its current location should only be able to

access/control: Twenty-nine cameras in the following locations:

fifteen (15) fixed cameras in jail cells/holding cells; four (4) fixed cameras in sally port areas; and ten (10) fixed cameras in jail common areas

Twenty-one (21) standard entry doors Sixteen (16) intercoms Twenty (20) Lighting Control Systems Have alarm notifications on doors with security timers Ability to transfer control to Dispatch Stations

o Five (5) consoles located throughout the police department, including one (1) installed in the current Sergeant’s Office, and four (4) installed in the current Dispatch Center outside of the jail should be able to access/control: All cameras All access as In-Jail Control System, plus:

Additional seven (7) standard entry doors Additional three (3) sally port garage doors Additional five (5) intercoms to standard entry doors Additional one (1) jail booking area intercom

Have alarm notifications on doors with security timers Ability to take control of JCS away from the In-Jail Console

Identify, furnish, install and test all necessary networking equipment, cabling and other requirements for operations of PLC and workstations

Provide a solution that will allow for future expansion to the JCS, which may include additional controls such as additional door control relay switches (Including additional operations controls that may be added with planned courts expansion next to Bloomington PD)

Reuse existing intercom and paging amplifiers as well as intercom stations and speakers when possible. Furnish and install new hardware as necessary for compatibility with proposed solution

Reuse existing racks, panels, raceways, and cabinets when possible. Furnish and install new hardware when necessary

Replace fifty-seven (57) cameras (IP based cameras) and include three (3) additional new camera of the following types:


o Six (6) Outside – w/ Pan, Tilt, Zoom (PTZ) o One (1) Interior Wall Mount – w/ PTZ o Thirteen (13) jail cell – Fixed o Seven (7) Interior wall mount – Fixed o Twenty (20) Interior ceiling mount – Fixed o Six (6) Corner wall mount - Fixed o Seven (7) Ceiling corner mount – Fixed

Install new CAT6 wiring to cameras that are currently connected via COAX wiring Provide ability to manually switch on/off seven (7) Interview Room Cameras Provide interoperability with new IP based CCTV/Video Management System,

Genetec Omnicast, to allow for camera call-up from existing security devices (intercom calls, alarms, etc.) to local monitors. Ability to control identified PTZ cameras is necessary.

Provide interoperability with existing card access system, Genetec Security Desk. Provide UPS system capable of keeping the core system up and running for at least

thirty (30) minutes to assure successful switch to building generator based power. Replacement system shall be fully tested and commissioned once installed to ensure

proper functionality between components and workstations Furnish updated schematics and wiring diagrams reflecting complete system Provide end-user training and documentation of software configuration, including

maintenance and backup procedures. Provide additional training on PLC and other device hardware as necessary to fully maintain operations.

Provide maintenance schedule and plan to maintain current hardware systems, operating systems and software releases including any scheduled outages or required downtime to apply updates

Identify response levels for issues or failures of system through term of agreement

C. Project Schedule

Due to the critical nature of the JCS, this system needs to be replaced in a timely manner because the current system has experienced limited functions and outages. Work for this Project needs to be completed in a working jail environment and will need to work around jail schedules to minimize impact.

D. Attachment A: List of Cameras

A list of the sixty (60) cameras, type and location are included in Attachment A.

VIII. Submittal Requirements All proposals must be kept to a maximum twenty-five (25) single-sided pages, in eleven (11) font size minimum, excluding the cover, title sheets, and dividers if used. Any pre-printed


project sheets, resumes, or other marketing materials may be included as an appendix to each Proposal. Materials contained in appendices may or may not be reviewed or considered when granting the award of the RFP. The cover letter, appendices, and pages acknowledging the receipt of addenda and the statement of non-collusion do not count towards the twenty-five (25) page limit. Proposals need not include elaborate brochures, expensive bindings, etc.; however, legibility, clarity, conciseness, and completeness are essential. The Proposals must include, at a minimum, and shall be organized according to the following outline:

A. Cover Letter: Summarizes the key elements of the Proposal and outlines why your firm should be selected for this Service. The cover letter should identify the name, title, address, phone number, and email address of the person who will represent the Vendor in matters regarding the Proposal’s content.

B. Project Understanding including but not limited to:

1. System Functionality: Provide a description of proposed solution (equipment, hardware, software, etc.) including key characteristics that demonstrate the product capability.

2. Project Schedule: Clearly outline the details and timelines associated with completing the items as described in this RFP and listed in VII Scope of Work. Prepare a work task flow chart that illustrates chronologically the firm’s intent to reach major project milestones.

3. Understanding of Work: Demonstrate the understanding of the maintenance and security of the JCS. Clearly outline the tasks needed to complete each deliverable of the work outlined above. Include all substantive tasks and milestones outlined in this RFP. Provide a description of training, hardware, and software needed and proposed, including alternatives if applicable. Alternatives provided to the deliverables and/or scope of work must demonstrate a benefit to the City to be considered. Identify key team members and project deliverables for each section of the Scope of Work. Identify tasks and responsibilities, if any, that are expected to be provided by the City.

C. Vendor Background and Experience: Provide a brief description of your company and any sub-contractors proposed as part of your team. Identify and describe at least three (3) similar projects that your company has completed. Include client references for each project, listing a contact name, telephone number and email address. Include dates the work was performed and software used.

D. Time/Cost Estimate: Prepare a spreadsheet outlining anticipated time and cost, including all tasks defined in Section VII - Scope of Services. This spreadsheet should include time and costs for key team members, including both anticipated hours and hourly rates. Prepare an hourly breakdown for each task for proposed services that identifies all reimbursable expenses, such as mileage and meetings,


associated with this Proposal. The Proposal must include a total not-to-exceed cost estimate including a separate five (5) year maintenance agreement.

E. Acknowledgement of Receipt of Addenda and Statement of Non-collusion: Include pages regarding the receipt of any addenda and the Statement of Non-collusion. See Section XV and XVI.

IX. Submission of Proposal Each Consultant shall submit six (6) printed copies and one (1) electronic copy (CD or flash drive with Microsoft Word or Adobe Acrobat format preferred) of the Proposal not later than 11:00 A.M., CST, Wednesday, February 22, 2017. Electronic copy of the Proposal shall be in put together into one (1) complete document in its entirety. Proposals shall be delivered in a sealed envelope to:

Heather Forcier Boettcher, Purchasing Agent Finance Department City of Bloomington 1800 West Old Shakopee Road Bloomington, MN 55431

The outside of the Proposal package should be clearly marked “City of Bloomington, MN, Proposal for Jail Control System”. A person who is authorized to legally bind the responding Consultant must sign the Proposal. The Consultant shall acknowledge that the Proposal complies with any amendments, alterations or deletions to the RFP. It will be the sole responsibility of the Consultant to have its Proposal delivered to the City before the closing deadline. Late Proposals will not be considered and will be returned unopened to the Vendor. Proposals must be sealed. No responses will be accepted via facsimile or email. Any Proposal may be withdrawn or modified prior to the scheduled deadline for submitting Proposals. After the submittal deadline, Consultants may not modify, withdraw or cancel their Proposals for a minimum of ninety (90) days following that date The City reserves the right to reject any or all Proposals or parts of Proposals, to accept part or all of Proposals on the basis of considerations other than lowest cost, and to create a project of lesser or greater expense than described in this RFP or the respondent's reply based on the component prices submitted. The City of Bloomington reserves the right to waive irregularities in the Proposal content or to request supplemental information from Proposers.


The City is not responsible for any costs incurred by the responding Vendor in the preparation of the Proposal or for any other cost to the Vendor associated with responding to the RFP. No reimbursement will be made by the City for any costs incurred prior to a formal notice to proceed should an award of contract result from this solicitation. This RFP does not obligate the City of Bloomington to award a contract or complete any specific Project. The City reserves the right to cancel this solicitation or to change its scope if it is considered to be in the best interest of the City. All design drawings, plans, and Proposals submitted in response to the RFP will be retained by the City and not returned. Clarifications, Exceptions, and Addenda The City reserves the right to contact Vendors individually for the purpose of clarifying Proposals. Vendors may find instances where they are unable to provide services that meet all of the expectations defined in this RFP. In such cases, the Vendor should identify the areas where they feel the requested service or product is not available, deviates from the specific requests, or is deemed to be an unwise or unwarranted approach. The Vendor will describe exceptions to the RFP and identify their impact to the City, including, but not limited to, workarounds, reductions in performance, capacity, flexibility, accuracy, and ultimately cost and value. The City reserves the right to disallow exceptions it finds are not in the best interests of the City. Any and all exceptions to the requirements of this RFP must be identified and fully explained in the submitted Proposal. Any addenda to this RFP will be issued in writing; no oral statements, explanations, or commitments shall be provided. If any addenda are issued, Vendors should return the Confirmation of Receipt of Addenda with their Proposals.

X. Proposal Evaluations (Evaluation Criteria) Proposal(s) will be examined to eliminate those which are clearly non-responsive to the stated requirements. Proposals will be reviewed and a recommendation of award made based on the Proposal most closely meeting the needs outlined in this RFP and providing the best value for the City. An evaluation team consisting of, but not limited to, members of the City of Bloomington Police Department, Information Systems Division and Facilities Maintenance Department will evaluate Proposals based on the following weighted criteria:


The Contractor submitting the selected Proposal will be required to sign an agreement with the City of Bloomington based on their Proposal. All parties who submit proposals will be notified by email of the City’s decision regarding selection after a Contract has been executed.

Weight Component Description 40% Cost Ability to offer competitive pricing in direct correlation

to RFP requirements. 20% Value/Fit Proven ability complete the work as proposed and

accepted by the City. Including: Conformance with the minimum requirements Conformance with RFP guidelines and

submittal requirements Maintenance and support plan Responses to technical requirements Overall suitability of the JCS

20% Vendor Profile Categorized by the Vendor’s abilities in regards to:

Solution provider strength and stability Prior experience Test plans Training plan Solution provider current and projected

commitments

20% Demonstrated Related Experience

Successful experience in providing JCS Three (3) references who are familiar with the

Vendor’s demonstrated experience with similar projects

Knowledge and experience with similar projects Project staff experience as related to this Project Implementation plan Project management plan Risk management plan Project staff experience as related to this Project


XI. Contract Award

A. Negotiations and Contract Execution

The City reserves the right to negotiate the final terms and conditions of the contract to be executed. In the event the City and the Vendor are unable to agree upon all contract provisions, the City reserves the right to cease negotiations, and to move on to select another vendor, or to reject all Proposals.

B. Contracting Ethics

1. No elected officials or employees of the City who exercise any responsibility in the review, approval, or implementation of the Proposal shall participate in any decision which affects his or her direct or indirect financial interests.

2. It is a breach of ethical standards for any person to offer, give, or agree to give any City employee or elected officials person, or for any City employee or Council person to solicit, demand, accept, or agree to accept from another person or agency, a gratuity or an offer of employment whenever a reasonable prudent person would conclude that such consideration was motivated by an individual, group, or corporate desire to obtain special, preferential, or more favorable treatment than is normally accorded the general public.

3. The Vendor shall not assign any interest in this contract and shall not transfer any interest

in the same without the prior written consent of the City.

4. The Vendor shall not accept any private client or project that may place it in ethical conflict during its representation of the City.

XII. Disposition of Responses All materials submitted in response to this RFP will become the property of the City and will become public record after the evaluation process is completed and an award decision made. If the Contractor submits information in response to this RFP that it believes to be trade secret materials, as defined by the Minnesota Government Data Practices Act, Minnesota Statutes 13.37, the Contractor must: Clearly mark all trade secret materials in its response at the time the response is submitted by

indicating in writing the specific page number(s) and paragraph(s) classified as trade secret and therefore nonpublic.

Include a statement with its response justifying the trade secret designation for each item and defend any action seeking release of the materials it believes to be trade secret, and


indemnify and hold harmless the City, its agents and employees, from any judgments or damages awarded against the City in favor of the party requesting the materials, and any and all costs connected with that defense. This indemnification survives the City’s award of a contract. In submitting a response to this RFP, the Contractor agrees that this indemnification survives as long as the trade secret materials are in possession of the City. The City is required to keep all the basic documents related to its contracts, including responses to the RFP for a minimum of seven (7) years.

The City will not consider the prices submitted by the Contractor to be proprietary or trade secret materials. Responses to this RFP will not be open for public review until the City decides to pursue a contract and that contract is awarded.

XIII. Insurance Requirements The Contractor shall maintain insurance coverage in the amounts shown below during the entire term of the contract. The City shall be named as an additional insured on said commercial general liability policy and certificates of said insurance evidencing all of the coverages listed below shall be provided to the City before any work on this project may commence. The Contractor shall not allow any sub-contractor to commence work until all insurance has been obtained and copies have been filed and accepted by the City. The Contractor shall be responsible for maintaining a valid certificate of insurance referencing the limits included below on file with the City. a) Commercial General Liability Bodily injury in the amount of at least $500,000.00 per individual and $1,500,000.00 per occurrence for any injuries, including death, arising out of each occurrence Property damage liability in the amount of $1,500,000.00 per occurrence To meet the above requirements, the Contractor may use a combination of Commercial General Liability and Umbrella coverage, as long as the City approves such use and it is evidenced on the Certificate of Insurance naming the City as an additional insured on both policies. The Umbrella needs to be a following form coverage and provide a thirty (30) day notice of cancellation. b) Business Automotive Liability $500,000.00 per individual and $1,500,000.00 per occurrence for any injuries, including death, arising out of each occurrence and property damage coverage of $1,500,000.00 for each occurrence c) Workers Compensation Workers Compensation Insurance as required by Minnesota Statute, Section 176.181, subdivision 2.


d) Professional Liability Professional Liability Insurance in at least the amount of $1,000,000. The Contractor must notify the City in writing thirty (30) days prior to cancellation or change in terms of the above insurance coverage. All insurance must be provided at the Contractor’s expense and at no additional cost to the City.

XIV. Contract Terms and Conditions: A sample of the City’s contract is included in Section VII. The clauses included in the sample contract will be included in the contract between the City and the Contractor that has been chosen to provide the Services described herein and in the Contractors’ Proposal. Any exceptions to the City’s contract terms and conditions must be identified in the submitted Proposal.


XV. Confirmation of Receipt of Addenda Addendum # Date

I certify this Proposal complies with the specifications and conditions issued by the City except as clearly marked in the attached copy.

Date Name Authorized Signature Title Company Name Address City, State Zip Code Telephone Number Fax Number E-mail


XVI. Statement of Non-Collusion The following statement shall be made as part of the Contractor’s proposal. I affirm that I am the Contractor, a partner of the consulting Contractor, or an officer or employee of the Contractor’s corporation with authority to sign on the Contractor’s behalf. I also affirm that the attached has been compiled independently and without collusion or agreement, or understanding with any other vendor designed to limit competition. I hereby affirm that the contents of this Proposal have not been communicated by the Contractor or its agent to any person not an employee or agent of the City.

____________________________________________________ Signed

____________________________________________________ Print Name

____________________________________________________ Title ______________________________________________________________ Date ____________________________________________________ Contractor Name

____________________________________________________ Address

____________________________________________________ City / State / Zip Code ____________________________________________________ Telephone and Fax Numbers ____________________________________________________ Email Address


XVII. Sample Contract

AGREEMENT BETWEEN THE CITY OF BLOOMINGTON, MINNESOTA

AND [INSERT CONTRACTOR'S FULL NAME]

THIS AGREEMENT is made this _______ day of ____________________, 2016

between the City of Bloomington, a Minnesota municipal corporation located at 1800 West Old

Shakopee Road, Bloomington, Minnesota 55431 (hereinafter referred to as the "City"), and

[INSERT CONTRACTOR'S FULL NAME], located at [INSERT CONTRACTOR'S FULL

ADDRESS, INCLUDING CITY, STATE AND ZIP] (hereinafter referred to as the

"Contractor").

WITNESSETH

WHEREAS, the City desires to [IDENTIFY WHAT THE CITY'S ROLE IN THE CONTRACT

IS GOING TO BE]; and

WHEREAS, the Contractor represents that it has the professional expertise and capabilities to

provide [IDENTIFY WHAT TYPE OF SERVICES WILL BE PROVIDED UNDER THE

CONTRACT]; and

WHEREAS, the City desires to have the Contractor [IDENTIFY THE SPECIFIC SERVICES

THE CITY IS GOING TO BE CONTRACTING FOR]; and

NOW, THEREFORE, in consideration of the terms and conditions expressed herein, the parties

agree as follows:

I. TERM OF AGREEMENT

The term of this Agreement shall be from [ENTER STARTING DATE/TIME OF

SERVICE PROVIDED], to [ENTER ENDING DATE/TIME OF SERVICE PROVIDED],

subject to termination as provided in Article V.

II. DUTIES OF CONTRACTOR

A. The Contractor shall [DESCRIBE WHAT SERVICE CONTRACTOR WILL PROVIDE -

BE VERY SPECIFIC] for the not-to-exceed amount of [PROVIDE THE MAXIMUM

DOLLAR AMOUNT THE CONTRACT WILL COST] AND NO/100 DOLLARS ($0.00).


The Contractor agrees that the City will pay the Contractor when the City has received this

executed Agreement, signed by both parties, from the Contractor and the [DESCRIBE

SERVICES PROVIDED] have been fully performed and accepted by the City.

B. The Contractor agrees to complete the Project, as proposed, and perform all other terms and

conditions according to the Proposal and the Specifications incorporated by reference herein

as Exhibit A and Exhibit B.

C. To the fullest extent allowed by law, the Contractor shall defend, indemnify and hold

harmless the City, its officers, officials, agents and employees, from any and all claims,

causes of action, lawsuits, damages, losses, or expenses, including attorney fees, arising out

of or resulting from the Contractor's (including its guests, invitees, members, officers,

officials, agents, employees, volunteers, representatives, and/or subcontractors) performance

of the duties required under this Agreement, provided that any such claim, damages, loss or

expense is attributable to bodily injury, sickness, diseases or death or to injury to or

destruction of property including the loss of use resulting therefrom and is caused in whole or

in part by any negligent act or omission or willful misconduct of the Contractor, its guests,

invitees, members, officers, officials, agents, employees, volunteers, representatives and/or

subcontractors.

D. It is agreed that nothing herein contained is intended or should be construed in any manner as

creating or establishing the relationship of copartners or an employment relationship between

the parties hereto or as constituting the Contractor's staff as the agents, representatives or

employees of the City for any purpose in any manner whatsoever. The Contractor and its

staff are to be and shall remain an independent contractor with respect to all services

performed under this Agreement. The Contractor represents that it has, or will secure at its

own expense, all personnel required in performing services under this Agreement. Any and

all personnel of the Contractor or other persons, while engaged in the performance of any

work or services required by the Contractor under this Agreement, shall not be considered

employees of the City, and any and all claims that may or might arise under the Workers'

Compensation Act of the State of Minnesota on behalf of said personnel or other persons

while so engaged, and any and all claims whatsoever on behalf of any such person or


personnel arising out of employment or alleged employment including, without limitation,

claims of discrimination against the Contractor, its guests, invitees, members, officers,

officials, agents, employees, volunteers, representatives and/or subcontractors shall in no way

be the responsibility of the City; and the Contractor shall defend, indemnify and hold the

City, its officers, officials, agents and employees harmless from any and all such claims

regardless of any determination of any pertinent tribunal, agency, board, commission or

court. Such personnel or other persons shall not require nor be entitled to any compensation,

rights or benefits of any kind whatsoever from the City, including, without limitation, tenure

rights, medical and hospital care, sick and vacation leave, Workers' Compensation,

Unemployment Compensation, disability, severance pay and PERA.

E. The parties agree to comply with the Minnesota State Human Rights Act, Minnesota

Statutes, Chapter 363A, as amended.

F. To the extent allowed by law, the Contractor agrees to maintain the following insurance

coverages, in an amount equal to, or greater than, the minimum limits described below. The

Contractor will provide the City with a certificate of insurance evidencing such coverages

prior to performing any duties included under the terms and conditions of this Agreement.

The Contractor also agrees to keep a valid certificate of insurance on file, referencing these

limits, throughout the entire term of this agreement.

1. Commercial General Liability Insurance in the amount of at least $1,500,000 per

occurrence for bodily injury or death arising out of each occurrence, as well as

$1,500,000 per occurrence for property damage.

To meet the above requirements, the Contractor may use a combination of

Commercial General Liability and Umbrella coverage, as long as the City approves

such use and it is evidenced on the Certificate of Insurance naming the City as an

additional insured on both policies. The Umbrella needs to be a following form

coverage and provide a thirty (30) day notice of cancellation.


2. Business Automobile Insurance in the amount of $1,500,000 per occurrence for

bodily injuries or death arising out of each occurrence, as well as $1,500,000 per

occurrence for property damage.

3. Workers' Compensation Insurance as required by Minnesota Statutes, Section

176.181, subd. 2.

4. Professional Liability Insurance in the amount of $1,000,000 per occurrence.

5. The Contractor agrees to name the City as an additional insured on its Commercial

General Liability and Business Automobile Insurance policies, and to provide an

endorsement of such status. In addition, the Contractor agrees to notify the City thirty

(30) days prior to cancellation or a change in any of the aforementioned insurance

policies. All insurance must be provided at the Contractor’s expense and at no

additional cost to the City.

G. The Contractor agrees that the City will own and have the right to use, reproduce and apply

as it desires, any data, reports, analyses and materials which are collected or developed by the

Contractor or anyone acting on behalf of the Contractor as a result of this Agreement.

.

H. Contractor acknowledges that accessing City facilities, it will have access to certain

information and details concerning the City’s building design, security features and

technology that is confidential and of substantial value to the City, and would be impaired if

such information were disclosed to third parties (“Confidential Information”). Confidential

Information of the City includes, but is not limited to facility locations, implemented

technologies, specific building design, and security features. Contractor agrees that it will not

use in any way for its own account or the account of any third party, nor disclose to any third

party, any such Confidential Information, except with expressed written authorization by the

City. Contractor agrees to make no copies of the Confidential Information and to protect its

confidentiality with the same degree of care which it uses to protect its own confidential

information. Such use and non-disclosure obligations shall survive the term of this


Agreement and do not pertain to information that is publicly available. Upon completion of

its duties or termination of the Agreement, whichever comes first, Contractor agrees that it

will return any/all Confidential Information to the City.

III. DUTIES OF THE CITY

A. After both parties have signed this Agreement, and after the completion and acceptance of

the Contractor's performance of the duties under this Agreement, the City shall pay the

Contractor the not-to-exceed sum of [PROVIDE THE MAXIMUM DOLLAR AMOUNT

THE CONTRACT WILL COST] AND NO/100 DOLLARS ($0.00).

B. Payments to the Contractor will be made within thirty (30) days of receipt of invoice from

the Contractor.

IV. GENERAL PROVISIONS

A. Entire Agreement. This Agreement represents the entire Agreement between the Contractor

and the City and supersedes and cancels any and all prior agreements or proposals, written or

oral, between the parties relating to the subject matter hereof; and amendments, addenda,

alterations, or modifications to the terms and conditions of this Agreement shall be in writing

and signed by both parties.

B. Americans with Disabilities Act and TTY Requirements. The Contractor agrees to comply

with the Americans with Disabilities Act (“ADA”) and Section 504 of the Rehabilitation Act

of 1973 (“Section 504”) and not discriminate on the basis of disability in the admission or

access to, or treatment of employment in its services, programs, or activities. The Contractor

agrees to hold harmless and indemnify the City from costs, including but not limited to

damages, attorney's fees and staff time, in any action or proceeding brought alleging a

violation of ADA and/or Section 504 caused by the Contractor. Upon request

accommodation will be provided to allow individuals with disabilities to participate in all

services, programs and activities. The Contractor agrees to utilize their own text telephone or

the Minnesota Relay Service in order to comply with accessibility requirements. The City

has designated coordinators to facilitate compliance with the ADA, as required by Section

35.107 of the U.S. Department of Justice regulations, and to coordinate compliance with


Section 504, as mandated by Section 8.53 of the U.S. Department of Housing and Urban

Development regulations.

C. Minnesota Government Data Practices Act. The Contractor will comply with all applicable

provisions of the Minnesota Government Data Practices Act, Chapter 13 of the Minnesota

Statutes, as amended.

D. Applicable Laws. This Agreement shall be interpreted using the laws of the State of

Minnesota. The Contractor agrees to comply with all applicable local, state and federal laws,

rules, regulations and ordinances in the performance of the duties of this Agreement.

E. Assignment. This Agreement shall not be assignable except with the written consent of the

City.

F. Examination of Documents. The books, records, documents, and accounting procedures of

the Contractor, relevant to this Agreement, are subject to examination by the City, and either

the legislative or state auditor as appropriate, pursuant to Minnesota Statutes, Section 16C.05,

Subdivision 5.

G. Mediation. Both parties agree to submit all claims, disputes and other matters in question

between the parties arising out of or relating to this Agreement to mediation. The mediation

shall be conducted through the Conflict Resolution Center, 2101 Hennepin Avenue, Suite

100, Minneapolis, Minnesota 55405. The parties hereto shall decide whether mediation shall

be binding or non-binding. If the parties cannot reach agreement, mediation shall be non-

binding. In the event mediation is unsuccessful, either party may exercise its legal or

equitable remedies and may commence such action prior to the expiration of the applicable

statute of limitations.

H Payment of Subcontractors. The Contractor agrees that it must pay any subcontractor within

ten (10) days of the prime contractor’s receipt of payment from the municipality for

undisputed services provided by the subcontractor. The Contractor agrees that it must pay

interest of 1-1/2 percent per month or any part of a month to the subcontractor on any

undisputed amount not paid on time to the subcontractor. The minimum monthly interest

penalty payment for an unpaid balance of $100 or more is $10. For an unpaid balance of less


than $100, the prime contractor shall pay the actual penalty due to the subcontractor. A

subcontractor who prevails in a civil action to collect interest penalties from a prime

contractor must be awarded its costs and disbursements, including attorney’s fees, incurred in

bringing the action.

I. Adherence to City Policies. The Contractor agrees, as a condition of being awarded this

Agreement, to require each of its guests, invitees, members, officers, officials, agents,

employees, volunteers, representatives and/or subcontractors to abide by the City’s policies

prohibiting sexual harassment, firearms and smoking, as well as all other reasonable work

rules, safety rules or policies regulating the conduct of persons on City property at all times

while performing duties pursuant to this Agreement. The Contractor agrees and understands

that a violation of any of these policies or rules constitutes a breach of the Contract and

sufficient grounds for immediate termination of the Agreement by the City.

J. Severability. If any provision or term of this Agreement for any reason is declared invalid,

illegal or unenforceable such decision shall not affect the validity of any remaining terms or

conditions in this Agreement.

K. Signatory. Each person executing this Agreement on behalf of a party hereto represents and

warrants that such person is duly and validly authorized to do so on behalf of such party, with

full right and authority to execute this Agreement and to bind such party with respect to all of

its obligations hereunder. In the event the Contractor did not authorize the Signatory to sign

on its behalf, the Signatory agrees to assume responsibility for the duties and liability of the

Contractor, as set forth herein, personally. This Agreement may be executed in counterparts,

each of which shall be deemed an original, but all of which taken together shall constitute but

one and the same instrument.

V. TERMINATION

Either party may terminate this Agreement for any reason upon giving thirty (30) days' advanced

written notice to the other party.

The City reserves the right to cancel this Agreement at any time in event of default or violation

by the Contractor of any provision of this Agreement. The City may take whatever action at law


or in equity that may appear necessary or desirable to collect damages arising from a default or

violation or to enforce performance of this Agreement.

[REMAINDER OF THIS PAGE HAS BEEN LEFT BLANK.]


IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.

CITY OF BLOOMINGTON, MINNESOTA

DATED:___________________________ BY:________________________________ Its Mayor

DATED:___________________________ BY:________________________________ Its City Manager

Reviewed and approved by the City Attorney.

__________________________________ City Attorney

[CONTRACTOR'S FULL NAME]

DATED:___________________________ BY:________________________________

Its:_________________________

Jail Control System RFP Security Camera Locations Page 1 of 2

Camera # Location Type PTZ Floor1 Sally Port pole Outside Yes 1st2 Sally Port A No 1st3 Sally Port A No 1st4 Police Lobby A No 1st5 Sally Port hall A No 1st6 Sally Port hall A No 1st7 Jail Intox - corner B No 1st

ADD Jail intox - hall A No 1ST8 Jail cell C No 1st9 Jail cell C No 1st

10 Jail cell C No 1st11 Jail cell C No 1st12 Jail cell C No 1st13 Jail cell C No 1st14 Jail cell C No 1st15 Jail cell C No 1st16 Jail cell C No 1st17 Jail cell C No 1st18 Jail cell C No 1st19 Jail cell C No 1st20 Jail cell C No 1st21 Jail day room A No 1st22 Jail day room A No 1st23 Jail day room A No 1st24 Jail day room A No 1st25 Jail day room A No 1st26 Visiting Room A No 1st27 Jail entry doors A No 1st28 Jail IBIS area A No 1st29 Jail cell area hall A No 1st30 Jail cell area hall A No 1st31 Jail Booking area A No 1st32 Sally Port pole Outside Yes 1st33 Jail interview D No 1st34 Jail interview D No 1st35 Jail Control Desk A No 1st36 Police Main Door A No 1st

ADD Property storage room A No 1stADD Property storage room A No 1st37 PD Employee Door A No 1st38 PD roof SW Outside Yes Roof39 Inside garage door A No Basement40 Commons A No Civic41 Commons A No Civic42 Main Entry A No Civic43 Theater Larger A Yes Civic

Attachment A

Jail Control System RFP Security Camera Locations Page 2 of 2

44 Theater A No Civic45 NW roof corner Outside Yes Civic46 NE roof corner Outside Yes Civic47 Offices 2nd floor hall A No Civic48 Offices 2nd floor hall A No Civic49 Art 2nd floor hall A No Civic50 Soft interview D No 2nd51 Interview - Lobby D No 2nd52 Polygraph D No 2nd53 PD roof NW Outside Yes Roof54 Main hall behind Reception A No 1st55 2nd Outside hall PD enter A No 2nd56 Jail holding cell A No 1st57 Jail holding cell A No 1st

PTZ Pan/tilt/zoomA Ceiling mountB Corner roof mountC Fixed mount- StandardD Covert - Thermostat

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