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HomeMy WebLinkAbout17- Request for Proposal - Equipment, Software, and Professional Services Related to Municipal Parking Facilities and EnforcementPage 1 of 27 Request for Proposals For EQUIPMENT, SOFTWARE, AND PROFESSIONAL SERVICES RELATED TO MUNICIPAL PARKING FACILITIES AND ENFORCEMENT Proposals must be received no later than: Email and Deliver proposal to: Robin Crough, City Clerk PO Box 1230 121 North Rouse Ave Suite 202 Bozeman, MT 59771 agenda@bozeman.net NOTICE IS HEREBY given that the City of Bozeman is requesting statement of qualifications with proposed schedules and preliminary cost estimates for the proposed preliminary scope of work. All statements of qualifications must be in the format specified, enclosed in a sealed envelope and clearly identified with RFP title, company name and due date. Deliver proposals via email at agenda@bozeman.net and to the City Clerk at the following address PO Box 1230, 121 North Rouse Ave, Suite 202, Bozeman, MT 59771 by May 16, 2017 @ 5:00 pm. It is the sole responsibility of the proposing firm to ensure that proposals are received prior to the closing time as late submittals will not be accepted and will be returned unopened. May 16, 2017 @ 5:00 pm Page 2 of 27 I. DISCRIMINATION Discrimination in the performance of any agreement awarded under this RFP on the basis of race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation, gender identity or disability is prohibited. This prohibition shall apply to the hiring and treatment of the awarded entity’s employees and to all subcontracts. As such, each entity submitting under this notice shall include a provision wherein the submitting entity, or entities, affirms in writing it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and which also recognizes the eventual contract will contain a provision prohibiting discrimination as described above and that this prohibition on discrimination shall apply to the hiring and treatment of the submitting entity’s employees and to all subcontracts. Failure to comply with the above shall be cause for the City to deem the submittal non-responsive. The City of Bozeman is required to be an Equal Opportunity Employer DATED at Bozeman, Montana, this 20th day of April, 2017. Robin Crough City Clerk For publication on: April 23, 2017 May 7, 2017 Page 3 of 27 PROJECT DESCRIPTION A. Introduction The City of Bozeman is Montana’s fourth largest municipality with a population of approximately 39,860 persons (July 1, 2013). The City includes approximately 12,477 acres in size with a planning area of 42,463 acres. Bozeman sits in Gallatin County and is the county seat for the County. The City of Bozeman continues to be the fastest growing community in Montana and is home to Montana State University. Between 2000 and 2013, the city’s population increased from 27,590 to 39,860 persons, an increase of 12,270 persons or 44.5 percent. In 2013, the Bozeman Yellowstone International Airport became Montana’s busiest airport with 812,093 passengers flying into and out of the facility. Bozeman is renowned for its natural beauty, world-class fishing, skiing, abundant recreational opportunities, and a gateway to Yellowstone National Park. Bozeman is the regional commercial center for much of south central Montana with regional shopping mall, numerous national retailers, and a vibrant main street. Bozeman Deaconess Hospital, Montana State University, along with city, county and federal governmental agencies are the major employers. The state’s unadjusted unemployment rate is approximately 4.2 percent while Gallatin County is approximately 3.7 percent. The City is governed by a City Commission/City Manager form of government. The City Commission is made up of four members plus a mayor that serves as the head of the City Commission. The City Commission appoints a City Manager to oversee the City’s eight departments. Additional information regarding the City of Bozeman may be obtained at: http://www.bozeman.net B. Project Overview The City of Bozeman operates the Parking Services Division (PSD) as an enterprise fund, with total revenues in FY 16 of $682,291.00. The PSD has responsibility for all municipal parking and enforcement activities within the city limits, to include:  A 435-space downtown parking garage, currently with gated revenue control equipment. The PSD sells and manages leases in Bridger Downtown Garage, which is available for transient parking as well. [Appendix A]  Two Residential Parking Districts (Montana State University and Bozeman High School) which require the sale and management of approximately 2,600 annual permits. [Appendix B]  Four surface lots, in the central business district, with 185 spaces. The PSD sells and manages leases in these lots, and they are available for transient parking. [Appendix C ]  City-wide enforcement of municipal parking regulations. [Appendix D ] In 2016, the PSD completed a Strategic Parking Management Plan with Rick Williams Consulting; a copy of which is available on-line at Bozeman Strategic Parking Management Plan 2016. The Strategic Parking Page 4 of 27 Management Plan identified 26 strategies for the City’s consideration. At this time, the PSD is implementing several of these strategies, while preparing for additional implementations in the next twenty-four months. The City of Bozeman Finance Department is responsible for the collection of all citation revenues, as well as assistance in the sale and management of leases and permits for the Bridger Downtown Garage, all four surface lots, and the residential parking districts. Therefore, it is critical that the PSD’s enforcement equipment/software, garage and lot equipment/software, as well as lease and permit management equipment/software have a seamless interface with the Finance Department’s financial and accounting software (Sungard/Naviline, version 9.1). Currently, the PSD can accept credit card payments via telephone, or on-line at Bozeman Online Parking Payments. The PSD is interested in expanding our payment capabilities to include the use of an electronic payment ‘App’ as well. The PSD has four full-time Parking Enforcement Officers that patrol Monday through Saturday, 8 am to 5 pm.1 The PEO’s utilize a handheld device, with a poor quality camera in the same unit. The current units are bulky, and require a manual data download at the end of each shift. Due to the poor quality of the camera, the PEO’s take violation photographs with city issued cell phones that are manually downloaded, and matched to the corresponding violation, at the end of each shift. III. PURPOSE OF REQUEST FOR PROPOSAL The Parking Services Division is soliciting proposals to replace all of our revenue control equipment/software with regard to the Bridger Park Garage and all four surface lots, as well as lease and permit management, and citation enforcement and appeal activities. The PSD is open to proposals that implement gate based, pay by space, or pay by place systems. It is the bidder’s responsibility to provide the rationale for why the system(s) they propose are superior, and the best fit for implementation by the City of Bozeman. It is important that a bidder explain the abilities of their equipment/software to integrate additional parking facilities, on street or off street, as the City of Bozeman’s parking system continues to expand and evolve. IV. SCHEDULE Event Date/Time Publication Dates of RFP Sunday, April 23, 2017; Sunday, May 7, 2017 Last Day for Questions/Clarifications Wednesday, May 10, 2017 @ Noon Deadline for Receipt of Proposals Tuesday, May 16, 2017 @ 5 pm Evaluation of Qualifications TBD Finalist interviews TBD Negotiation of Scope and Fee TBD 1 Three (3) PEO’s work M-F, 8 am – 5 pm; One (1) PEO works T – Saturday, 8 am – 5 pm. Page 5 of 27 V. CONTACTS Any administrative questions regarding bidding procedures should be directed to: Robin Crough, City Clerk (406) 582-2321; agenda@bozeman.net Questions relating to scope of services and project management may be directed to: Ed Meece, Parking Program Manager, (406) 582-2903; emeece@bozeman.net VI. LAST DAY FOR QUESTIONS The last day to submit questions to the Parking Services Division is Wednesday, May 10, 2017 @ Noon. This will allow sufficient time for any addenda to be issued by the City to all bidders. All questions must be submitted in writing via email to Ed Meece, Parking Services Division, emeece@bozeman.net. All RFP questions and related answers will be posted to the City’s website for review by anyone interested in the project. VII. AWARD OF CONTRACT The City reserves the right to reject any and all proposals, to contract work with whomever and in whatever manner the City decides, to abandon the work entirely and to waive any informality or non-substantive irregularity as the interest of the City may require and to be the sole judge of selection process. The City also reserves the right to negotiate separately in any manner to serve the best interest of the City. The City retains the right at its sole discretion to select a successful vendor. VIII. SELECTION PROCESS AND RANKING CRITERIA A review committee will evaluate all responses to the RFP that meet the submittal requirements and deadline. Submittals that do not meet the requirement or deadline will not be considered. The review committee will rank the proposals and arrange interviews with finalists prior to selection. All finalists will be required to complete an on-site interview, with time and place determined by the City of Bozeman. See Appendix G for a DRAFT AGENDA of the final interview process. IX. SELECTION CRITERIA Proposals will be evaluated by an RFP Committee, which will recommend a contract award to the City Manager. All responsive proposals will be evaluated based on the stated evaluation criteria. In scoring against the stated criteria, the City of Bozeman may consider such factors as accepted industry standards and a comparative evaluation of all other qualified RFP response in terms of differing price, expertise, approach, quality, and contractual factors. The RFP Committee will utilize a scoring system based on the following criteria and points: Page 6 of 27  One firm offering all equipment, installation, testing, warranty, maintenance, and ongoing support services; up to 15 points.  Firm’s ability to implement a project of this scope, including the experience and expertise of the project team, etc.; up to 10 points.  Ability to troubleshoot in a timely and responsive manner, to include the location of response staff and estimated time/travel requirements; up to 10 points.  Project References; up to 5 points.  Ability to provide functionality as described in the desired features, scope of work, and product representations and literature; up to 20points.  Thoroughness and fit of project approach/schedule for implementation and ongoing products/services; up to 15 points.  Training program for administrative and enforcement staff; up to 5 points.  Price of both implementation and ongoing products/services: up to 20 points. X. DISCRETION AND LIABILITY WAIVER The City reserves the right to exercise discretion and apply its judgment with respect to all proposals submitted. The City reserves the right to reject all proposals, either in part or in its entirety, or to request and obtain, from any of the entities submitting proposals, supplementary information as may be necessary for City staff to analyze the proposals. The City may elect to award a contract in multiple phases, as is deemed to be in the City’s best interest. Should the City award projects in phases, the City reserves the right to award the phases to the same firm. The bidder, by submitting a response to this RFP, waives all right to protest or seek any legal remedies whatsoever regarding any aspect of this RFP. Although, it is the City’s intent to choose only a small number of firms to interview with the City, the City reserves the right to choose any number of qualified finalists. This RFP does not commit the City to award a contract, to defray any costs incurred in the preparation of a proposal pursuant to this RFP or to procure or contract for work. All proposals submitted in response to this RFP become the property of the City and public records and, as such, may be subject to public review. The City reserves the right to cancel, in part or in its entirety, this RFP including, but not limited to: selection procedures, submittal date, and submittal requirements. If the City cancels or revises the RFP, all interested firms will be notified using email. Page 7 of 27 XI. DESIRED FEATURES Features desired in the purchase of equipment, software, and professional services related to the Parking Services Division operation of the parking garage, surface lots, leases, permits, and citation and appeals activities, include the following:  Single technology platform that integrates garages, lots, leases, permits, enforcement, and appeals into one effective parking revenue control and management system. Any system proposed for the parking garage, and citation/appeal, should demonstrate an optimal ‘ease and efficiency’ of enforcement requirements. Utilizing a proposed system should create opportunity to streamline enforcement processes, to the benefit of our customers and internal operations.  Demonstrated success integrating parking software and equipment with Sungard Naviline Enterprise Financial & Accounting software.  Built-in report writer that can easily allow for the build and customization of user defined reports. o Discuss if the bidder offers report writing services; including costs and time frames.  Cloud-based  Outdoor signage that indicates the number of available spaces in a garage/lot  Integration with the existing video surveillance system at the Bridger Park Downtown Garage  Provide access to the Montana DMV, and a national DMV retrieval service  Create ‘scofflaw’ files, and flag on the vehicle record for easy identification. o To include automatic flagging for ‘boot eligible’ and ‘stolen vehicle’ categories.  Customer ‘App’ that provides customers with the ability to know/pay for available spaces in a garage/lot, remote time extensions, pay for citations, and file appeals on a real time basis. This ‘App’ must be able to function within (embed) the City of Bozeman’s “Accela” based App for other city services.  Ability to implement escalating citation rates, on a real time basis.  Mobile enforcement technology that allows for citation and permit lookups, tire chalking, and other enforcement activities on a real time basis. o Integrated citations and photos (with automated date/time stamp) o Ability to operate through commercial cell phone and/or tablet equipment  Secure online permit purchasing, citation payment, and appeal systems, on a real time basis. o The system shall provide the capability to set up, issue, track and manage permits. Permits are designed to grant permission, authorization, or certain privileges. A permit may be a card, sticker, RFID card, Proxy card, hangtag, etc. A permit may be issued to a person (or persons), to one or more contracts, or to a property. o Require customers to pay outstanding citation balances before purchasing a permit. o Ability to restrict permits by customer name, property address, vehicle license. o Allow for printing of temporary permits.  The system shall provide the capability to set up, issue, track and manage permits. Permits are designed to grant permission, authorization, or certain privileges. A permit may be a card, sticker, Page 8 of 27 RFID card, Proxy card, hangtag, etc. A permit may be issued to a person (or persons), to one or more contracts, or to a property. Demonstrated ability and experience with implementing secure and verifiable online residential permit systems. Ability to generate and bill for garage and surface lot permits within a single software system.  Ability to contract with the bidder for the purpose of ‘collection’ services, if desired.  Ability to manually enter/print/email permits, leases, and other business items.  Geographic Positioning System capabilities that allow for tracking staff, and analysis of citation activity (volume, amount, etc.) through integration with Geographic Information System and other database systems.  Disallow citation appeal after expiration of statutory timeframe.  Allow customers to view citation related documents and photos.  Ability to serve Participant Hotels, through equipment/software that allows for integration with their room reservation systems; OR, through dedicated equipment purchased and placed by the Participating Hotel. (Reference Appendix F for more detailed information). o Currently, the City of Bozeman manually prints ticket vouchers for Participant Hotels, in order to avoid issuing an electronic AVI Card to their guests. The City of Bozeman is looking to end this practice, because of the RFP process. o Ability to interact with Participant Hotels over a Virtual Private Network (VPN), as some locations may not have a fiber optic connection readily available.  Ability to ‘count’ available parking facility spaces on a real time basis, and provide historical occupancy data (by hour and date) for analysis (peak periods, etc.). o Ability to demonstrate successful installations and operations in extreme weather conditions, such as are typical in Montana, to include: o Installations at the 45th latitude, or comparable locations such as Minneapolis, Fargo, Canada, or others? o Significant temperature swings, perhaps as much as 50 degrees in a few hours’ time. o Temperatures from -45 F to 100 F o Potentially heavy snow loads o Sustained winds of 40 mph, gusts of 60 mph XII. MANDATORY CONTENT AND SEQUENCE OF SUBMITTAL A. Submission Requirements and Instructions All requirements in this section are mandatory. The City reserves the right to waive any non- material variation. The City reserves the right to require the submittal of additional information that supplements or explains proposal materials. 1) Submit one (1), bound, original proposal package AND five (5) complete, bound, copies for each RFP response, under sealed envelope, by mail or hand-delivery to the address shown on the front. Each submission must be marked on the outside with the Company’s name and the name of the project. Each submission should also include one (1) complete electronic copy, on a flash drive, Page 9 of 27 DVD/CD, or other easily accessible memory device, clearly labeled with Company name and name of project. 2) Postmarks are NOT acceptable. Any documents or submittals received after the schedule closing time for receipt of submittals will be returned unopened. 3) Proposals, and required attachments, shall be submitted as specified and must be signed by officials authorized by submitter to the provisions thereof. B. Submittal Outline and Content Assemble and submit each submittal in the order below and address the required content/questions. The order in which items are presented is important, as evaluators will follow this order: 1) Table of Contents 2) Cover Sheet. This sheet will serve as the cover of your proposal. 3) Submittal Form & Statement of Non-Discrimination (Appendix A). 4) One-Page Project Summary. Begin with a brief summary of the proposal. This summary should concisely describe the project, its goals, and the proposed plan of implementation. 5) Company Description/Capability (not to exceed 2 pages). Brief history of the company and examples of relevant prior proposals and current customers with similar attributes to the City of Bozeman. Describe your experience and capacity to manage projects of the size and scope proposed. A list of project team members, and their professional profile/credentials/experience. 6) Approach and Schedule. Define how the proposer intends to implement the system, from selection through ongoing maintenance and operations, to include: a. Implementation schedule w/milestones for installation, testing, training, and de-bugging activities. b. Software and system management – reporting capabilities, functionality, ability to remotely manage and troubleshoot, security and permissions. c. Warranty periods on all equipment, and explanation of coverages. d. Include a recommended preventive maintenance plan for the hardware and software systems proposed. To include, software patches and updates. e. Training plans for operation, maintenance, parts replacement, management, and software. f. Payment processing methods, and approach for handling credit card transactions. g. Describe any innovative or unique features of the proposed system(s), which set the proposal apart from other prospective offerings. h. Product brochures. 7) Project References (minimum 3) -- specifically local/municipal agencies a. Name of agency b. Contact name to include: title, phone number and email c. Project start and completion date d. Brief summary of project e. Interaction with Sungard Naviline financial software Page 10 of 27 f. Multiple Participating Hotel integrations 8) Cost. In a matrix, or table, format, depict all costs associated with implementation, as well as ongoing operations and maintenance, credit card processing fees, service call fees, replacement parts, add-on features, etc. Please be as specific as possible and provide all known costs associated with the implementation of all system components proposed. Cost should be separated by facility (garage, surface lot) where appropriate. Page 11 of 27 SUBMITTAL FORM *THIS DOCUMENT MUST BE COMPLETED, EXECUTED AND SUBMITTED WITH THE PROPOSAL* THE REPRESENTATIONS MADE HEREIN ARE MADE UNDER PENALTY OF PERJURY NO PROPOSAL IS VALID UNLESS SUBMITTED ON THIS FORM AND SIGNED BY AUTHORIZED AGENT FOR YOUR COMPANY. SUBMITTED BY: COMPANY NAME: ADDRESS: CITY: STATE: ZIP: TELEPHONE: EMAIL: SIGNATURE: (Authorized Agent) NAME: (Please Print) TITLE: DATE: NOTE: If proposer is a corporation, the legal name of the corporation shall be set forth above, together with the signature of authorized officers or agents; if bidder is a partnership, the true name of the firm shall be set forth above, together with the signature of the partnership; and if bidder is an individual, his signature shall be placed above. Page 12 of 27 *STANDARD* PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _____ day of ____________, 2017, by and between the CITY OF BOZEMAN, MONTANA, a self-governing municipal corporation organized and existing under its Charter and the laws of the State of Montana, 121 North Rouse Street, Bozeman, Montana, with a mailing address of PO Box 1230, Bozeman, MT 59771, hereinafter referred to as “City,” and, ____________, _______________, hereinafter referred to as “Contractor.” In consideration of the mutual covenants and agreements herein contained, the receipt and sufficiency whereof being hereby acknowledged, the parties hereto agree as follows: 1. Purpose: City agrees to enter this Agreement with Contractor to perform for City services described in the Scope of Services attached hereto as Attachment “A” and by this reference made a part hereof. 2. Term/Effective Date: This Agreement is effective upon the date of its execution [and will terminate on the _____ day of ______________, 2017. 3. Scope of Work: Contractor will perform the work and provide the services in accordance with the requirements of the Scope of Services. For conflicts between this Agreement and the Scope of Services, unless specifically provided otherwise, the Agreement governs. 4. Payment: City agrees to pay Contractor the amount specified in a Scope of Services. Any alteration or deviation from the described services that involves additional costs above the Agreement amount will be performed by Contractor after written request by the City, and will become an additional charge over and above the amount listed in the Scope of Services. The City must agree in writing upon any additional charges. 5. Contractor’s Representations: To induce City to enter into this Agreement, Contractor makes the following representations: a. Contractor has familiarized itself with the nature and extent of this Agreement, the Scope of Services, and with all local conditions and federal, state and local laws, ordinances, rules, and regulations that in any manner may affect cost, progress or performance of the Scope of Services. b. Contractor represents and warrants to City that it has the experience and ability to perform the services required by this Agreement; that it will perform said services in a professional, competent and timely manner and with diligence and skill; that it has the power to enter into and perform this Agreement and grant the rights granted in it; and that its performance of this Agreement shall not infringe upon or violate the rights of any third party, whether rights of copyright, trademark, Page 13 of 27 privacy, publicity, libel, slander or any other rights of any nature whatsoever, or violate any federal, state and municipal laws. The City will not determine or exercise control as to general procedures or formats necessary to have these services meet this warranty. 6. Independent Contractor Status/Labor Relations: The parties agree that Contractor is an independent contractor for purposes of this Agreement and is not to be considered an employee of the City for any purpose. Contractor is not subject to the terms and provisions of the City’s personnel policies handbook and may not be considered a City employee for workers’ compensation or any other purpose. Contractor is not authorized to represent the City or otherwise bind the City in any dealings between Contractor and any third parties. Contractor shall comply with the applicable requirements of the Workers’ Compensation Act, Title 39, Chapter 71, MCA, and the Occupational Disease Act of Montana, Title 39, Chapter 71, MCA. Contractor shall maintain workers’ compensation coverage for all members and employees of Contractor’s business, except for those members who are exempted by law. Contractor shall furnish the City with copies showing one of the following: (1) a binder for workers’ compensation coverage by an insurer licensed and authorized to provide workers’ compensation insurance in the State of Montana; or (2) proof of exemption from workers’ compensation granted by law for independent contractors. Contractor shall indemnify, defend, and hold the City harmless from any and all claims, demands, costs, expenses, damages, and liabilities arising out of, resulting from, or occurring in connection with any labor problems or disputes or any delays or stoppages of work associated with such problems or disputes. Contractor shall post a legible statement of all wages and fringe benefits to be paid to the Contractor’s employees and the frequency of such payments (i.e., hourly wage employees shall be paid weekly). Such posting shall be made in a prominent and accessible location at the Contractor’s normal place of business and shall be made no later than the first day of services provided under this Agreement. Such posting shall be removed only upon expiration or termination of this Agreement. 7. Indemnity/Waiver of Claims/Insurance: For other than professional services rendered, to the fullest extent permitted by law, Contractor agrees to release, defend, indemnify, and hold harmless the City, its agents, representatives, employees, and officers (collectively referred to for purposes of this Section as the City) from and against any and all claims, demands, actions, fees and costs (including attorney’s fees and the costs and fees of an expert witness and consultants), losses, expenses, liabilities (including liability where activity is inherently or intrinsically dangerous) or damages of whatever kind or nature connected therewith and without limit and without regard to the cause or causes thereof or the negligence of any party or parties that may be asserted against, recovered from or suffered by the City occasioned by, growing or arising out of or resulting from or in any way related to: (i) the negligent, reckless, or intentional misconduct of the Contractor; (ii) any negligent, reckless, or intentional misconduct of any of the Contractor’s agents; or (iii) the negligent, reckless, or intentional misconduct of any other third party. Page 14 of 27 For the professional services rendered, to the fullest extent permitted by law, Contractor agrees to indemnify and hold the City harmless against claims, demands, suits, damages, losses, and expenses, including reasonable defense attorney fees, to the extent caused by the negligence or willful misconduct of the Contractor or Contractor’s agents or employees. Such obligations shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity that would otherwise exist. The indemnification obligations of this Section must not be construed to negate, abridge, or reduce any common-law or statutory rights of the indemnities’ which would otherwise exist as to such indemnities’. Contractor’s indemnity under this Section shall be without regard to and without any right to contribution from any insurance maintained by City. Should any indemnity described herein be required to bring an action against the Contractor to assert its right to defense or indemnification under this Agreement or under the Contractor’s applicable insurance policies required below the indemnity shall be entitled to recover reasonable costs and attorney fees incurred in asserting its right to indemnification or defense but only if a court of competent jurisdiction determines the Contractor was obligated to defend the claim(s) or was obligated to indemnify the indemnity for a claim(s) or any portion(s) thereof. In the event of an action filed against City resulting from the City’s performance under this Agreement, the City may elect to represent itself and incur all costs and expenses of suit. Contractor also waives any and all claims and recourse against the City or its officers, agents or employees, including the right of contribution for loss or damage to person or property arising from, growing out of, or in any way connected with or incident to the performance of this Agreement except “responsibility for his own fraud, for willful injury to the person or property of another, or for violation of law, whether willful or negligent” as per 28-2-702, MCA. These obligations shall survive termination of this Agreement and the services performed hereunder. In addition to and independent from the above, Contractor shall at Contractor’s expense secure insurance coverage through an insurance company or companies duly licensed and authorized to conduct insurance business in Montana which insures the liabilities and obligations specifically assumed by the Contractor in this Section. The insurance coverage shall not contain any exclusion for liabilities specifically assumed by the Contractor in subsection (a) of this Section. The insurance shall cover and apply to all claims, demands, suits, damages, losses, and expenses that may be asserted or claimed against, recovered from, or suffered by the City without limit and without regard to the cause therefore and which is acceptable to the City and Contractor shall furnish to the City an accompanying certificate of insurance and accompanying endorsements in amounts not less than as follows:  Workers’ Compensation – statutory;  Employers’ Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate; Page 15 of 27  Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual aggregate;  Automobile Liability - $1,000,000 property damage/bodily injury; $2,000,000 annual aggregate; and  Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate. The above amounts shall be exclusive of defense costs. The City of Bozeman, its officers, agents, and employees, shall be endorsed as an additional or named insured on a primary non-contributory basis on both the Commercial General and Automobile Liability policies. The insurance and required endorsements must be in a form suitable to City and shall include no less than a sixty (60) day notice of cancellation or non-renewal. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. Contractor shall notify City within two (2) business days of Contractor’s receipt of notice that any required insurance coverage will be terminated or Contractor’s decision to terminate any required insurance coverage for any reason. The City must approve all insurance coverage and endorsements prior to the Contractor commencing work. 8. Termination for Contractor’s Fault: a. If Contractor refuses or fails to timely do the work, or any part thereof, or fails to perform any of its obligations under this Agreement, or otherwise breaches any terms or conditions of this Agreement, the City may, by written notice, terminate this Agreement and the Contractor’s right to proceed with all or any part of the work (“Termination Notice Due to Contractor’s Fault”). The City may then take over the work and complete it, either with its own resources or by re-letting the contract to any other third party. b. In the event of a termination pursuant to this Section 8, Contractor shall be entitled to payment only for those services Contractor actually rendered. c. Any termination provided for by this Section 8 shall be in addition to any other remedies to which the City may be entitled under the law or at equity. d. In the event of termination under this Section 8, Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 9. Termination for City’s Convenience: a. Should conditions arise which, in the sole opinion and discretion of the City, make it advisable to the City to cease performance under this Agreement City may terminate this Agreement by written notice to Contractor (“Notice of Termination for City’s Convenience”). The termination shall be effective in the manner specified in the Notice of Termination for City’s Convenience and shall be without prejudice to any claims that the City may otherwise have against Contractor. b. Upon receipt of the Notice of Termination for City’s Convenience, unless otherwise directed in the Notice, the Contractor shall immediately cease performance under this Agreement and Page 16 of 27 make every reasonable effort to refrain from continuing work, incurring additional expenses or costs under this Agreement and shall immediately cancel all existing orders or contracts upon terms satisfactory to the City. Contractor shall do only such work as may be necessary to preserve, protect, and maintain work already completed or immediately in progress. c. In the event of a termination pursuant to this Section 13, Contractor is entitled to payment only for those services Contractor actually rendered on or before the receipt of the Notice of Termination for City’s Convenience. d. The compensation described in Section 13(c) is the sole compensation due to Contractor for its performance of this Agreement. Contractor shall, under no circumstances, be entitled to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature arising, or claimed to have arisen, as a result of the termination. 10. Limitation on Contractor’s Damages; Time for Asserting Claim: a. In the event of a claim for damages by Contractor under this Agreement, Contractor’s damages shall be limited to contract damages and Contractor hereby expressly waives any right to claim or recover consequential, special, punitive, lost business opportunity, lost productivity, field office overhead, general conditions costs, or lost profits damages of any nature or kind. b. In the event Contractor wants to assert a claim for damages of any kind or nature, Contractor shall provide City with written notice of its claim, the facts and circumstances surrounding and giving rise to the claim, and the total amount of damages sought by the claim, within ten (10) days of the facts and circumstances giving rise to the claim. In the event Contractor fails to provide such notice, Contractor shall waive all rights to assert such claim. 11. Representatives: a. City’s Representative: The City’s Representative for the purpose of this Agreement shall be Ed Meece, Parking Program Manager, or such other individual as City shall designate in writing. Whenever approval or authorization from or communication or submission to City is required by this Agreement, such communication or submission shall be directed to Ed Meece as the City’s Representative and approvals or authorizations shall be issued only by such Representative; provided, however, that in exigent circumstances when City’s Representative is not available, Contractor may direct its communication or submission to other designated City personnel or agents as listed above and may receive approvals or authorization from such persons. b. Contractor’s Representative: The Contractor’s Representative for the purpose of this Agreement shall be _____________________ or such other individual as Contractor shall designate in writing. Whenever direction to or communication with Contractor is required by this Agreement, such direction or communication shall be directed to Contractor’s Representative; provided, however, that in exigent circumstances when Contractor’s Representative is not available, City may direct its Page 17 of 27 direction or communication to other designated Contractor personnel or agents. 12. Permits: Contractor shall provide all notices, comply with all applicable laws, ordinances, rules, and regulations, obtain all necessary permits, licenses, including a City of Bozeman business license, and inspections from applicable governmental authorities, and pay all fees and charges in connection therewith. 13 Laws and Regulations: Contractor shall comply fully with all applicable state and federal laws, regulations, and municipal ordinances including, but not limited to, all workers’ compensation laws, all environmental laws including, but not limited to, the generation and disposal of hazardous waste, the Occupational Safety and Health Act (OSHA), the safety rules, codes, and provisions of the Montana Safety Act in Title 50, Chapter 71, MCA, all applicable City, County, and State building and electrical codes, the Americans with Disabilities Act, and all non-discrimination, affirmative action, and utilization of minority and small business statutes and regulations. 14. Nondiscrimination: The Contractor will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The Contractor will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Contractor shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. The Contractor shall require these nondiscrimination terms of its sub- Contractors providing services under this agreement. 15. Intoxicants; DOT Drug and Alcohol Regulations/Safety and Training: Contractor shall not permit or suffer the introduction or use of any intoxicants, including alcohol or illegal drugs, by any employee or agent engaged in services to the City under this Agreement while on City property or in the performance of any activities under this Agreement. Contractor acknowledges it is aware of and shall comply with its responsibilities and obligations under the U.S. Department of Transportation (DOT) regulations governing anti- drug and alcohol misuse prevention plans and related testing. City shall have the right to request proof of such compliance and Contractor shall be obligated to furnish such proof. The Contractor shall be responsible for instructing and training the Contractor's employees and agents in proper and specified work methods and procedures. The Contractor shall provide continuous inspection and supervision of the work performed. The Contractor is responsible for instructing his employees and agents in safe work practices. 16. Modification and Assignability: This Agreement may not be enlarged, modified or altered except by written agreement signed by both parties hereto. The Contractor may not subcontract or assign Contractor’s rights, including the right to compensation or duties arising hereunder, without the prior written consent of City. Any subcontractor or assignee will be bound by all of the terms and conditions of this Agreement. Page 18 of 27 17. Reports/Accountability/Public Information: Contractor agrees to develop and/or provide documentation as requested by the City demonstrating Contractor’s compliance with the requirements of this Agreement. Contractor shall allow the City, its auditors, and other persons authorized by the City to inspect and copy its books and records for the purpose of verifying that the reimbursement of monies distributed to Contractor pursuant to this Agreement was used in compliance with this Agreement and all applicable provisions of federal, state, and local law. The Contractor shall not issue any statements, releases or information for public dissemination without prior approval of the City. 18. Non-Waiver: A waiver by either party any default or breach by the other party of any terms or conditions of this Agreement does not limit the other party’s right to enforce such term or conditions or to pursue any available legal or equitable rights in the event of any subsequent default or breach. 19. Attorney’s Fees and Costs: That in the event it becomes necessary for either Party of this Agreement to retain an attorney to enforce any of the terms or conditions of this Agreement or to give any notice required herein, then the prevailing Party or the Party giving notice shall be entitled to reasonable attorney's fees and costs, including fees, salary, and costs of in-house counsel to include City Attorney. 20. Taxes: Contractor is obligated to pay all taxes of any kind or nature and make all appropriate employee withholdings. 21. Dispute Resolution: a. Any claim, controversy, or dispute between the parties, their agents, employees, or representatives shall be resolved first by negotiation between senior-level personnel from each party duly authorized to execute settlement agreements. Upon mutual agreement of the parties, the parties may invite an independent, disinterested mediator to assist in the negotiated settlement discussions. b. If the parties are unable to resolve the dispute within thirty (30) days from the date the dispute was first raised, then such dispute may only be resolved in a court of competent jurisdiction in compliance with the Applicable Law provisions of this Agreement. 22. Survival: Contractor’s indemnification shall survive the termination or expiration of this Agreement for the maximum period allowed under applicable law. 23. Headings: The headings used in this Agreement are for convenience only and are not be construed as a part of the Agreement or as a limitation on the scope of the particular paragraphs to which they refer. 24. Severability: If any portion of this Agreement is held to be void or unenforceable, the balance thereof shall continue in effect. 25. Applicable Law: The parties agree that this Agreement is governed in all respects by the laws of the State of Montana. Page 19 of 27 26. Binding Effect: This Agreement is binding upon and inures to the benefit of the heirs, legal representatives, successors, and assigns of the parties. 27. No Third-Party Beneficiary: This Agreement is for the exclusive benefit of the parties, does not constitute a third-party beneficiary agreement, and may not be relied upon or enforced by a third party. 28. Counterparts: This Agreement may be executed in counterparts, which together constitute one instrument. 29. Integration: This Agreement and all Exhibits attached hereto constitute the entire agreement of the parties. Covenants or representations not contained therein or made a part thereof by reference, are not binding upon the parties. There are no understandings between the parties other than as set forth in this Agreement. All communications, either verbal or written, made prior to the date of this Agreement are hereby abrogated and withdrawn unless specifically made a part of this Agreement by reference. **** END OF AGREEMENT EXCEPT FOR SIGNATURES **** Page 20 of 27 IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written. CITY OF BOZEMAN, MONTANA ____________________________________ CONTRACTOR (Type Name Above) By________________________________ By__________________________________ Dennis Taylor, Interim City Manager Print Name: Print Title: ____________________________ APPROVED AS TO FORM: By_______________________________ Greg Sullivan, Bozeman City Attorney Page 21 of 27 City of Bozeman, Parking Services Division Request for Proposals For: EQUIPMENT, SOFTWARE, AND PROFESSIONAL SERVICES RELATED TO MUNICIPAL PARKING FACILITIES AND ENFORCEMENT. APPENDIX A: Statement of Non-Discrimination Each entity shall include a provision requiring submitting entity to affirm in writing it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and recognizing the eventual contract will contain a provision prohibiting discrimination as described above and this prohibition on discrimination shall apply to the hiring and treatment or proposer’s employees and to all subcontracts. (name of entity submitting) hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and recognizing the eventual contract will contain a provision prohibiting discrimination as described above and this prohibition on discrimination shall apply to the hiring and treatment or bidder’s employees and to all subcontracts. ______ Name and title of person authorized to sign on behalf of bidder Page 22 of 27 City of Bozeman, Parking Services Division Request for Proposals For: EQUIPMENT, SOFTWARE, AND PROFESSIONAL SERVICES RELATED TO MUNICIPAL PARKING FACILITIES AND ENFORCEMENT. APPENDIX B: Bridger Downtown Parking Garage The Bridger Downtown Parking Garage was opened in 2009, and has 435 parking stalls that serve transient, monthly lease, and hotel customer parking. The BDPG is accessed from gated entry points on Mendenhall Street and Black Street. An internal gate system restricts access to 100 stalls of basement parking (lease holders only). Currently, the City of Bozeman provides lease/permit access to the BDPG through a combination of AVI electronic cards and one-time parking passes. The Parking Services Division (PSD) is currently upgrading and installing video surveillance at both entry points, and throughout the stairs, landings, and roof this facility. The BDPG is the largest consolidated parking structure within the community, and the single largest parking facility in the central business district. To this point, the PSD has operated the BDPG without an attendant, relying instead on the gated entry points for revenue control and enforcement. At this time, the BDPG has sold 550 monthly leases to a combination of general customers, development companies, hotels, and private businesses. It is critical that the new revenue control equipment and vehicle counters gather occupancy, usage, and duration of stay, data that will allow the PSD to perform effective analysis for rate setting, lease sales, and capacity studies. Page 23 of 27 City of Bozeman, Parking Services Division Request for Proposals For: EQUIPMENT, SOFTWARE, AND PROFESSIONAL SERVICES RELATED TO MUNICIPAL PARKING FACILITIES AND ENFORCEMENT. APPENDIX C: Bozeman Residential Parking District The Parking Services Division (PSD) enforces residential permits, in addition to all other parking related violations, within the Montana State University and Bozeman High School Residential Parking Districts. In FY 17, the PSD issued 2,552 permits (resident/employee/visitor) for a total revenue of $25,000. The equivalent of one (1) FTE, Parking Enforcement Officer, is dedicated to enforcement within these districts on a daily basis. (To access an online copy of the map, visit http://www.bozeman.net/Departments/Administration/Parking-/Parking-District-Map . Page 24 of 27 City of Bozeman, Parking Services Division Request for Proposals For: EQUIPMENT, SOFTWARE, AND PROFESSIONAL SERVICES RELATED TO MUNICIPAL PARKING FACILITIES AND ENFORCEMENT. APPENDIX D: Rouse, Black, Wilson (2) Surface Lots (Rouse Street Lot) The Parking Services Division operates four public parking surface lots: Rouse Avenue, Wilson Avenue (2), Black Avenue (directly across from the Bridger Downtown Parking Garage). In total, these lots provide X spaces to customers on a monthly lease and “2 hour free” basis. Overtime, and non-lease, violators are issued citations as part of daily downtown parking enforcement. The Parking Services Division is considering the introduction of revenue control equipment to the surface lots, allowing for a combination of “free” and paid parking at each site. Page 25 of 27 City of Bozeman, Parking Services Division Request for Proposals For: EQUIPMENT, SOFTWARE, AND PROFESSIONAL SERVICES RELATED TO MUNICIPAL PARKING FACILITIES AND ENFORCEMENT. APPENDIX E: City of Bozeman Parking Enforcement Overview The Parking Services Division (PSD) provides comprehensive parking enforcement activities within the city limits of Bozeman. In addition to oversight of the downtown and residential districts, the PSD also enforces the city’s “48 hour” parking rule and assists with the citation and removal of abandoned vehicles. The PSD assists the Public Works Department with enforcement of ‘Street Maintenance’ parking regulations, and the removal of vehicles during emergency and snow operations. The PSD has four Parking Enforcement Officers, that patrol Monday through Saturday, 8 – 5 pm. In addition to routine patrol, the PEO’s will respond to online citizen complaints (https://www.bozeman.net/Departments- (1)/Police/Report-Crime/Parking ), as well as receive calls for service from Bozeman 911. In FY 16, the PSD issued over 16,000 parking citations for revenue of $194,000.00. The current mobile citation devices require that each citation issue both a ‘warning’ and a citation, simultaneously. Likewise, the photographic capabilities of these devices are poor quality and difficult to utilize. Instead, the PEO’s utilize mobile phones to take pictures, and manually associate photos and citations at the end of each shift (approximately one hour). Bozeman’s municipal parking ordinances can be found at: https://www.municode.com/library/mt/bozeman/codes/code_of_ordinances?nodeId=PTIICOOR_CH36TRVE_ ART4STSTPA Page 26 of 27 City of Bozeman, Parking Services Division Request for Proposals For: EQUIPMENT, SOFTWARE, AND PROFESSIONAL SERVICES RELATED TO MUNICIPAL PARKING FACILITIES AND ENFORCEMENT. APPENDIX F: Hotel Information System Details Element Hotel (Westin):  Galaxy Lightspeed (standard for Westin Hotels) Etha Hotel:  “Opera” is the Property Management System (Oracle)  www.oracle.com/industries/hospitality/products/opera-cloud-services.html Lark Hotel:  RFID card that only holds Room # & Days in use.  Saflok Quantum Series; “Messenger” system  www.saflokstore.com Page 27 of 27 City of Bozeman, Parking Services Division Request for Proposals For: EQUIPMENT, SOFTWARE, AND PROFESSIONAL SERVICES RELATED TO MUNICIPAL PARKING FACILITIES AND ENFORCEMENT. APPENDIX G: Draft Agenda for Final Interview Process (Agenda subject to change in content, format, or length of time, without notice)  The finalist will have approximately 90 minutes to present.  Finalists should be prepared to present on how their proposal satisfies the desired feature requirements, identify any areas of non-compliance, and provide a physical demonstration of hardware/software/equipment as specified by the City of Bozeman during the interview scheduling process.  The Selection Panel is permitted to ask any questions necessary to determine the quality, reliability, suitability, cost, technological requirements, and operational fit with the City of Bozeman municipal parking system.  Finalists should demonstrate their experience integrating with municipal parking operations of a size and scope similar to the City of Bozeman.