HomeMy WebLinkAbout20- RFP - Body-worn Cameras, In-car Mobile Video Recorder, Interview Room Recording Systems, and Related Data ManagementPage 1 of 29
REQUEST FOR PROPOSALS (RFP)
BODY-WORN CAMERAS (BWC), IN-CAR
MOBILE VIDEO RECORDER (MVR), INTERVIEW
ROOM RECORDING SYSTEMS AND RELATED
DATA MANAGEMENT
CITY OF BOZEMAN
Bozeman, MT
City of Bozeman
PO Box 1230
Bozeman, MT 59771-1230
December, 2020
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NOTICE IS HEREBY given that the City of Bozeman (City) is soliciting proposals for Body-Worn
Cameras (BWC), In-Car Mobile Video Recorder (MVR) and Interview Recording Systems and
Related Data Retention/Management. The City is seeking proposals for fully integrated
turnkey solutions for BWC, MVR and Interview Rooms Recording Systems with related data
retention and management.
Copies of the Request for Proposals are available on the City’s website at
http://weblink.bozeman.net/WebLink8/0/doc/228814/Electronic.aspx.
All proposals must be provided as a single, searchable PDF document file and be submitted
digitally as an email attachment to the RFP Recipient email address below. Respondents are
advised that Recipient’s email attachment size limit is 25MB and that only one PDF file will be
allowed per response. The subject line of the transmittal email shall clearly identify the RFP
title, company name and due date/time. File sizes greater than 25MB in size may be uploaded
to bzncloud.bozeman.net upon special arrangement of the Recipient; however, it is the
respondent’s sole responsibility to ensure the file upload is completed, and that the Recipient
is separately notified via email of same, prior to the given deadline.
Deliver RFPs to the City Clerk by January 14th, 2021 at 3:00 PM MST. It is the sole
responsibility of the proposing party to ensure that proposals are received prior to the closing
time as late submittals will not be accepted.
The email address for submission is: agenda@bozeman.net
NON-DISCRIMINATION AND EQUAL PAY
The City of Bozeman is an Equal Opportunity Employer.
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.
In addition, pursuant to City Commission Resolution 5169, the entity awarded a contract under
this RFP and any subcontractors must abide by the Equal Pay Act of 1963 and Section 39-3-104,
MCA (the Montana Equal Pay Act), and affirm it will abide by the above and that it has visited
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the State of Montana Equal Pay for Equal Work “best practices” website,
https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication
and has read the material.
Any administrative questions regarding proposal procedures should be submitted in writing and
directed to: Mike Maas, City Clerk (406) 582-2321, agenda@bozeman.net.
Questions relating to the RFP should be submitted in writing and directed to: Jim Veltkamp,
Interim Chief of Police, 406-582-2238, jveltkamp@bozeman.net
DATED at Bozeman, Montana, this 9th day of December, 2020.
Mike Maas
City Clerk
City of Bozeman
For publication on:
Sunday December 13, 2020
Sunday December 20, 2020
Sunday December 27, 2020
Sunday January 3, 2021
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I. INTRODUCTION
The City of Bozeman (City) is soliciting proposals for Body-Worn Cameras (BWC), In-Car
Mobile Video Recorder (MVR), Interview Room Recording Systems and Related Data
Retention and Management for the Bozeman Police Department.
The City intends to enter into a contract with the selected firm that will include providing and
installing the necessary camera hardware, training personnel in the use of the equipment and
accompanying software and providing technical support for the Bozeman Police Department
for BMCs, MVRs and Interview Recording Systems.
This RFP shall not commit the City to enter into an agreement, to pay any expenses incurred in
preparation of any response to this request, or to procure or contract for any supplies, goods
or services. The City reserves the right to accept or reject all responses received as a result of
this RFP if it is in the City’s best interest to do so.
This procurement is governed by the laws of the State of Montana and venue for all legal
proceedings shall be in the 18th Judicial District Court, Gallatin County. By offering to perform
services under this RFP, all submitters agree to be bound by the laws of the State of Montana
and of the City, including, but not limited to, applicable wage rates, payments, gross receipts
taxes, building codes, equal opportunity employment practices, safety, non-discrimination, etc.
II. PROJECT BACKGROUND AND DESCRIPTION
The City, is seeking proposals from firms to provide the Bozeman Police Department with a
fully integrated camera and related retention and management system. Specifically the City
seeks 60 body-worn cameras (BWC), and in-car mobile video recorder (MVR) systems for up to 24
police vehicles. Additionally, the City is seeking integrated recording systems for seven (7)
interview rooms located within the new Bozeman Public Safety Center currently being
constructed. All three recording devices (BWCs, MVRs and the Interview Rooms cameras)
should have integration to a singular data storage/management solution. The systems will be
used to capture audio and video recordings of police activities, vehicle stops, encounters,
interviews, prisoner transports, etc. The proposed systems, including the data storage and
data management systems, shall include the ability to easily categorize, store, search, retrieve,
reproduce, transfer, share, redact and view the video/audio recordings using the existing City
network infrastructure or included proposed systems. Based on costs and funding approval,
the desired systems may be implemented in phases.
The RFP specifications have been developed, in part, using various manufacturers’ sample
specifications, posted information, and the City’s current MVR and Interview Room solution.
As a result, it is possible that the City may have listed a specification that is unique to one
manufacturer. It is not the City’s intent to specify equipment unique to a single manufacturer.
A proposal that meets most, but not all, of the City’s specifications and requirements,
including training, support and delivery requirements, may be determined to best meet the
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needs of the City. The City reserves the right to consider the advantages of each proposal and
waive specific individual requirements if the overall proposal is the most advantageous to the
City.
III. SCOPE OF SERVICES
The proposal will provide a comprehensive overview of the following deliverables:
1. Body-Worn Cameras (BWC) – The vendor will describe in detail if current products can
meet, complete, and/or provide the following:
a. Describe model options for BWCs and mounting options for each including a
minimum of one mount per camera to be included;
b. Video resolution quality of 640 x 480 pixels or better;
c. Recording speed of 30 frames per second or better;
d. Detail video format and compression options (H.264 compliant, H.265 preferred);
e. Field of View of 100 degrees or greater;
f. Recording life of 10 hours or greater;
g. Charge time of six (6) hours or less;
h. Audio quality should be capable of clearly capturing conversational speech at a
distance of three (3) feet without wind or excessive background noise;
i. Camera should be able to focus on all objects from 1 foot away to infinity;
j. When activated, cameras should have vibration, visual and/or audible indicator
informing the user the device is active and recording, with the ability to select
indicator preference;
k. Pre-event buffer with a minimum of 30 seconds and/or configurable;
l. Record in low light and provide LUX rating;
m. Easy to use manual activation of BWC;
n. Automatically embed time/date stamp in the video;
o. Ability to record audio without recording video;
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p. Ability to use BWC to take still photos;
q. Ability to use BWC to manually add bookmarks or time stamps;
r. Features to prevent users from deleting recorded files on the camera;
s. Audio and video to be recorded and exported in a non-proprietary format (i.e.
MP4, MKV and other standard formats);
t. BWCs must be operational at a minimum of -4 degrees and up to 120 degrees
Fahrenheit;
u. Ability to identify audio format;
v. Ability for user to determine the camera’s battery life when in the field;
w. Inclusion of multi-unit charging/docking stations with the capability of uploading
digital evidence from multiple cameras;
x. Docking/charging stations for up to 60 BWCs and the ability to interface with the
internet which will allow the devices to connect to the cloud solution via an
Ethernet connection;
y. Ability to interrupt during charging/downloading and the ability to resume where
it left off when re-docked;
z. Please describe any and all auto-activation triggers such as; drawing a weapon,
Taser and/or in-car system activation.
2. In-Car Camera System (MVR) – The vendor will describe in detail if current products
can meet, complete, and/or provide the following:
a. Forward-facing camera with a field of view of a minimum of 68 degrees or greater
with low light capabilities while having minimal obstruction for the driver’s view while
seated in the equipped patrol vehicle;
b. Forward-facing camera with the ability for manual rotation which is easily achieved
by the user;
c. Detail video format and compression options (H.264 compliant, H.265 preferred);
d. Video Resolution – minimum of 720 pixels configurable up to 1080 pixels
(preferred) - vendor will detail their resolution;
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e. Pre-Event recording buffer of a minimum of 30 seconds and/or configurable;
f. Rear seat camera requires infrared or low light capabilities;
g. Recording Speed – vendor will detail the frames per second;
h. Audio and video to be recorded and exported in a non-proprietary format (i.e.
MP4, MKV and other standard formats);
i. Wired rear compartment microphone with the capability of recording front and
rear cameras with audio from both tracks simultaneously;
j. Ability to have up to 20 wireless transfer uploads via 802.11 or greater,
concurrently to the server. Specify the required number of wireless access points
needed to facilitate the transfer;
k. GPS;
l. Please detail options for DVR storage;
m. Uploads data using an industry-standard layered secure transfer method;
n. Ability for users to tag data in the field and ability to replay video from the field;
o. Automatically embed time/date stamp in the video;
p. MVRs must be operational at a minimum of -4 degrees and up to 120 degrees
Fahrenheit;
q. Please describe any and all auto-activation trigger features such as, lights and
sirens, speed, crash, or geo-fencing.
3. Interview Room Recording System – The vendor will describe in detail if current
products can meet, complete, and/or provide the following:
a. Provide traditional (non-covert) cameras for seven (7) interview rooms within the
police department at the Bozeman Public Safety Center currently under
construction—two (2) cameras per room for a total of 14 cameras;
c. Ability to live remote stream interviews;
d. Provide wired concealed microphones;
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e. Please detail Power over Ethernet (POE) needs;
f. Audio and video to be recorded and exported in a non-proprietary format (i.e. MP4,
MKV and other standard formats);
g. Please detail the installation process.
4. Data Storage and Management System – The vendor will describe in detail if current
products can meet, complete, and/or provide the following:
a. Describe any on premise and/or any cloud based platforms to be used;
b. Confirm that all data must and will be housed in the United States;
c. Confirm Criminal Justice Information Services (CJIS) complaint;
d. Confirm that all data will be owned by the City;
e. Explain your ability to migrate the City’s current data to vendor’s system and
please describe a previous experience moving public sector client data. Please
include cost per TB for this migration.
f. Ability to bookmark (date time stamp) audio and video;
g. Please describe any Security Audits preformed or recommended by vendor for the
system provided;
h. Please discuss access to vendor’s system for multiple users and passwords;
i. The vendor will describe the functionality for the following:
1. Editing and redaction capabilities included and/or any necessary third party
software;
2. Transcription capabilities included and/or any necessary third party software;
3. Chain of Custody documentation;
4. Internal and external video/data sharing and any specific licenses needed and
quantities;
5. Audit trail abilities and documentation;
6. Ability to send automatic notifications that a file has been changed once it has
been shared;
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7. Delete/Alter and Erase protection;
8. Ability to search tagged data;
9. Disaster recovery capabilities;
10. Video format non-propriety;
j. Provide pricing for unlimited data storage or a la carte storage for GB, TB
quantities for a 5-year retention time;
k. Software as a Service option.
5. Warranty/Technology Refresh – The vendor will describe in detail if current products
can meet, complete, and/or provide the following:
a. A minimum 2-year warranty on all components;
b. Components/units failing within warranty period to be replaced within 48 hours
of the City’s initial notification to the vendor of failure;
c. Details relative to any no-cost replacements/refreshes during the project span to
ensure most current technology;
6. Training – The vendor will describe in detail if current products can meet, complete,
and/or provide the following:
a. Hard copy manuals structured for efficient and comprehensive reference;
b. Durable “quick guides” must be available for all end-users of a size that will allow
convenient placement in vehicles;
c. Online training tutorials structured so that an end-user can easily select tutorials
for various functions without having to devote extensive time to a single all-
inclusive tutorial;
d. In-person training: Train the Trainer session(s) and classroom training led by the
awarded vendor for large rollouts;
e. Identify, based on previous experience with public sector contracts, the number of
training hours typically needed on the end-user to be confident in the operation of
the systems (In-Car, Interview Room, and Data Storage and Management Systems);
f. The ability to add training modules to our Vector Solutions Learning Management
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System.
g. In-person training for selected contractor vendor to install the in-car video systems;
7. Customer Service/Support – The vendor will describe in detail if current products can
meet, complete, and/or provide the following:
a. Provide concise detail on the availability of customer service and technical support
to end-users;
b. Offer support availability 24 hours a day, seven (7) days a week, 365 days a year;
c. Describe the standard procedures for escalation of service/support issues when
required;
d. Provide in-person service/support when such a need is identified by the City.
8. Out Year Date Retention and Transfer – The vendor will describe in detail if current
products can meet, complete, and/or provide the following:
a. All data retained in the data storage and management system belong to the City.
At the end of the contract term, the awarded vendor will retain the data until the
City can accomplish a transfer of data. Once data is confirmed to have successfully
transferred to the City vendor will delete any copies of City data;
b. Identify your standard procedures for facilitating the transfer of data;
c. Data migration services.
IV. PROPOSAL REQUIREMENTS
Firms interested in providing the services described above are requested to submit the following
information. Responses to each item should appear in the same order as in this RFP and should
identify the item to which the responses applies.
The written proposal shall, at a minimum, include the following information:
1. The vendor name and contact person, together with the address, telephone number and
email address, of the office from which the services will be provided. Corporate office
information shall also be provided, if applicable.
2. A brief history of the vendor (limit two pages), including organization structure, location of
management, and evidence that the firm is authorized to do business in the State of
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Montana.
3. The vendor will list successfully completed and implemented BWC/MVR/Interview Room
and Data Retention/Management contracts with other governmental entities over the
past three (3) years including the number of cameras placed/supported and the degree to
which data storage/management program was included.
4. A list of references the City may contact to assist in the evaluation of your past performance.
For each reference listed, the information provided should consist of the following:
a. Name and mailing address of the governmental entity.
b. Name and telephone number of your contact person within said governmental
entity.
c. Information on the nature and magnitude of any litigation or proceeding whereby,
during the past three (3) years, a court or any administrative agency has found fault,
held proceedings or ruled against the proposer in any matter related to the
professional activities of the proposer. Similar information shall be provided for any
current or pending litigation or proceeding.
5. Time frame in which the project as defined within this RFP can be completed,
including the approach to the project and any unusual problems anticipated.
6. The capacity and capability of the vendor to perform the work within the time limitations
indicated.
7. Fees or fee structure as may be appropriate for the designated service. Please provide a
separate Appendix containing an itemized breakdown of all associated costs, separating
hardware, software, installation, upgrades and warranties.
8. Availability of financial and operating resources as required to complete the work.
9. Please detail any financing or cost spreading options.
10. The ability of the firm to meet statutory or ordinance requirements.
11. Other items that may arise as a result of the proposal or interview process.
12. Any additional information that you feel will be beneficial to the City in evaluating your
qualifications to provide in response to RFP.
13. Affirmation of Nondiscrimination (see Appendix A)
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Non-completion of the Affirmation of Nondiscrimination is cause for disqualification of
firms.
V. TIMELINES, DELIVERY DEADLINE, AND INSTRUCTIONS
EVENT DATE/TIME
Publication dates of RFP Sunday, December 13, 2020
Sunday, December 20, 2020
Sunday, December 27, 2020
Sunday, January 3, 2021
Deadline for receipt of proposals Thursday January 14, 2021
Evaluation of proposals/Notice to Vendors NLT January 22, 2021
Interviews/Demos Week of February 15-19, 2021
Final decision NLT February 26, 2021
With the exception of the advertising dates and advertised due date, the City reserves the right to
modify the above timeline.
VI. AMENDMENTS TO SOLICITATION
Any interpretation or correction of this request will be published on the City’s webpage. The
deadline for questions related to this document is 3:00 PM MST on January 3, 2021. Responses
to all questions will be posted on the City’s website on January 5, 2021.
VII. CONTACT INFORMATION
Any administrative questions regarding proposal procedures should be submitted in writing and
directed to: Mike Maas, City Clerk, (406) 582-2321, agenda@bozeman.net
Questions relating to scope of services should be submitted in writing and directed to: Jim
Veltkamp, Interim Chief of Police, 406-582-2238, jveltkamp@bozeman.net
VIII. RFP – FORM AND CONTENTS
All proposals must be provided as a single, searchable PDF document file and be submitted digitally
as an email attachment to the RFP Recipient email address below. Respondents are advised that
Recipient’s email attachment size limit is 25MB and that only one PDF file will be allowed per
response. The subject line of the transmittal email shall clearly identify the RFP title, company
name and due date/time. File sizes greater than 25MB in size may be uploaded to
bzncloud.bozeman.net upon special arrangement of the Recipient; however, it is the respondent’s
sole responsibility to ensure the file upload is completed, and that the Recipient is separately
notified via email of same, prior to the given deadline.
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Deliver RFPs to the City Clerk by January 14th, 2021 at 3:00 PM MST. It is the sole responsibility of
the proposing party to ensure that proposals are received prior to the closing time as late
submittals will not be accepted.
The email address for submission is: agenda@bozeman.net
RESPONSES THAT ARE UNSIGNED OR SUBMITTED BEYOND THE DEADLINE SHALL NOT
BE CONSIDERED AND SHALL BE REJECTED.
IX. SELECTION PROCEDURE
A. STATEMENT OF QUALIFICATIONS
Respondents must comply with the mandatory requirements provided in this
solicitation. The selection process shall be conducted pursuant to all applicable
Montana law including those criteria set forth in §18-8-204, MCA and applicable
City policy.
1. Evaluation of RFPs. The selection committee shall consist of no less than
three persons representing the City. The selection committee will review
conforming RFP responses using the criteria listed above. RFP responses that
do not contain the required documentation will be deemed nonresponsive
to this solicitation and may be rejected.
2. Revisions. Responses will be accorded fair and equal treatment with respect
to opportunity for discussion and revision of responses, and such revisions
may be permitted, after submissions and prior to award for the purpose of
obtaining best and final responses.
3. Evaluation & Elimination. After evaluating all conforming responses based
on the criteria herein the selection committee may eliminate one or more
or all Respondents from further review if they do not meet the qualification
criteria specified herein. Any Respondents eliminated by the selection
committee, at any time, or for any reason, shall have no opportunity to make
revisions or participate further in the selection process.
4. Interviews/Demo. After reviewing conforming RFP responses, the selection
committee will schedule interviews/demos with qualified respondents.
Each vendor selected for interview will be notified of the specific time for
their interview/demo. Each vendor selected for a demo will be given up to
four (4) hours and a list of topics that should be covered.
5. Selection and Final Recommendation. After the demos, the selection
committee will tally the scores and select the preferred vendor. At that
time contract negotiations will take place between the City and successful
Respondent. The City may negotiate a contract with the next highest ranked
Respondent if a contract cannot be made.
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X. SELECTION CRITERIA
Proposals will be evaluated based on the following criteria:
1. Reputation and experience of the firm with projects of a similar size.
Point Range: 0-10
2. Responsiveness of the written proposal in clearly stating an understanding of the work to
be performed, as outlined in the scope of services portion of this request for proposals.
Point Range: 0-10
3. Hardware
Point Range: 0-10
4. Warranty/Upgrade
Point Range 0-10
5. The vendor’s ability to offer an easy to use, non-propriety data storage/management
system which allows for storage of all file types, the ability to organize and manage cases,
as well as the ability to share casework with outside entities (Prosecution and Defense).
The system should be able to track (via an audit trail) with whom and when a file was
shared, viewed or downloaded, as well as send notifications when a shared case is
modified.
Point Range 0-30
6. The ability to redact audio and video files, transcribe audio and video files, bookmark
important places within audio and video files as well as remove excerpts from audio and
video files while preserving the original file. Similarly important is the ability to prevent
deletion or unauthorized manipulation of video and audio content.
Point Range 0-20
7. Time frame in which the project as defined within this RFP can be completed, including the
approach to the project and any unusual problems anticipated.
Point Range: 0-10
Maximum Points: 100
XI. FORM OF AGREEMENT
The Contractor will be required to enter into a contract with the City in substantially the same
form as the professional services agreement attached as Attachment B.
XII. CITY RESERVATION OF RIGHTS / LIABILITY WAIVER
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.
A SUBMISSION IN RESPONSE TO THIS REQUEST FOR QUALIFICATIONS CONFERS NO RIGHTS
UPON ANY RESPONDENTS AND SHALL NOT OBLIGATE THE CITY IN ANY MANNER
WHATSOEVER. THE CITY RESERVES THE RIGHT TO MAKE NO AWARD AND TO SOLICIT
ADDITIONAL REQUEST FOR QUALIFICATIONS AT A LATER DATE.
B. This RFP may be canceled or any or all responses may be rejected in whole or in part, as
specified herein, when it is in the best interests of the City. If the City cancels or revises
this RFP, all Respondents who submitted will be notified using email.
C. The City reserves the right to accept or reject any and all proposals; to add or delete
items and/or quantities; to amend the RFP; to waive any minor irregularities,
informalities, or failure to conform to the RFP; to extend the deadline for submitting
proposals; to postpone award for up to 60 days; to award one or more contracts, by
item or task, or groups of items or tasks, if so provided in the RFP and if multiple awards
or phases are determined by the City to be in the public interest.
D. The City of Bozeman reserves the right to reject the proposal of any person/firm who
previously failed to perform properly to the satisfaction of the City of Bozeman, or
complete on time agreements of similar nature, or to reject the proposal of any
person/firm who is not in a position to perform such an agreement satisfactorily as
determined by the City of Bozeman.
E. The City of Bozeman reserves the right to determine the best qualified Contractor and
negotiate a final scope of service and cost, negotiate a contract with another Contractor
if an agreement cannot be reached with the first selected Contractor, or reject all
proposals.
F. The professional services contract between the City of Bozeman and the successful
Contractor will incorporate the Contractor's scope of service and work schedule as part
of the agreement (see Appendix B for form of professional services agreement. The
professional services agreement presented to the Contractor may differ from this form
as appropriate for the scope of services).
G. This RFP does not commit the City to award a contract. The City assumes no liability or
responsibility for costs incurred by firms in responding to this request for proposals or
request for interviews, additional data, or other information with respect to the
selection process, prior to the issuance of an agreement, contract or purchase order.
The Contractor, by submitting a response to this RFP, waives all right to protest or
seek any legal remedies whatsoever regarding any aspect of this RFP.
H. 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 this RFP, all Contractors who submitted proposals will be notified
using email.
I. Projects under any contract are subject to the availability of funds.
XIII. NONDISCRIMINATION AND EQUAL PAY POLICY
The City of Bozeman requires each entity submitting under this notice shall affirm, on a
separate form provided, that 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,
sexual preference, gender identity, or disability in fulfillment of a contract entered into for the
services identified herein and that this prohibition on discrimination shall apply to the hiring
and treatment of the submitting entity’s employees and to all subcontracts it enters into in
the fulfillment of the services identified herein. Failure to comply with this requirement shall
be cause for the submittal to be deemed nonresponsive.
The City also requires each entity submitting under this notice shall affirm it will abide by the
Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act), and has visited
the State of Montana Equal Pay for Equal Work “best practices” website,
https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication
and has read the material.
XIV. MISCELLANEOUS
A. No Oral Agreements. No conversations or oral agreements with any officer, employee, or
agent of the City shall affect or modify any term of this solicitation. Oral communications
or any written/email communication between any person and City officer, employee or
agent shall not be considered binding.
B. No Partnership/Business Organization. Nothing in this solicitation or in any subsequent
agreement, or any other contract entered into as a result of this solicitation, shall
constitute, create, give rise to or otherwise be recognized as a partnership or formal
business organization of any kind between or among the respondent and the City.
C. Employment Restriction and Indemnity. No person who is an owner, officer,
employee, contractor, or consultant of a respondent shall be an officer or employee of
the City. No rights of the City’s retirement or personnel rules accrue to a respondent,
its officers, employees, contractors, or consultants. Respondents shall have the
responsibility of all salaries, wages, bonuses, retirement, withholdings, worker’s
compensation and occupational disease compensation, insurance, unemployment
compensation other benefits and taxes and premiums appurtenant thereto concerning
its officers, employees, contractors, and consultants. Each Respondent shall save and
hold the City harmless with respect to any and all claims for payment, compensation,
salary, wages, bonuses, retirement, withholdings, worker’s compensation and
occupational disease compensation, insurance, unemployment compensation other
benefits and taxes and premiums in any way related to each respondent’s officers,
employees, contractors and consultants.
D. Accessibility. Upon reasonable notice, the City will provide assistance for those persons
with sensory impairments. For further information please contact the ADA Coordinator
Mike Gray at 406-582-3232 or the City’s TTY line at 406-582-2301.
E. Procurement. When discrepancies occur between words and figures in this solicitation,
the words shall govern. No responsibility shall attach to a City employee for the
premature opening of an RFP not properly addressed and identified in accordance with
these documents.
F. Governing Law. This solicitation and any disputes arising hereunder or under any future
agreement shall be governed and construed and enforced in accordance with the laws
of the State of Montana, without reference to principles of choice or conflicts of laws.
XV. ATTACHMENTS
The following exhibits are incorporated in this RFP:
Appendix A: Non-Discrimination Affirmation
Appendix B: Form of Professional Services Agreement
END OF RFP
Attachment A NONDISCRIMINATION AND EQUAL PAY AFFIRMATION
____________________________________(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
acknowledges and understands the eventual contract will contain a provision prohibiting
discrimination as described above and this prohibition on discrimination shall apply to the hiring
and treatments or proposer’s employees and to all subcontracts.
In addition, ____________________________________(name of entity submitting) hereby
affirms it will abide by the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal
Pay Act), and has visited the State of Montana Equal Pay for Equal Work “best practices” website,
https://equalpay.mt.gov/BestPractices/Employers, or equivalent “best practices publication and
has read the material.
______________________________________
Name and title of person authorized to sign on behalf of submitter
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this _____ day of ____________, 202__
(“Effective Date”), 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.” The City and Contractor may be referred to individually
as “Party” and collectively as “Parties.”
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 Exhibit A and by this reference
made a part hereof.
2. Term/Effective Date: This Agreement is effective upon the Effective Date and will
expire on the _____ day of ______________, 202_, unless earlier terminated in accordance with
this Agreement.
3. Scope of Services: 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 the 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 the 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, 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, Montana Code Annotated (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 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.
In performing the services under this Agreement, Contractor shall give preference to the
employment of bona fide residents of Montana, as required by §18-2-403, MCA, as such term is
defined by §18-2-401(1), MCA. When making assignments of work, Contractor shall use workers
both skilled in their trade and specialized in their field of work for all work to which they are
assigned.
Pursuant to §§18-2-403 and 18-2-422, MCA, Contractor shall pay wages, fringe benefits,
and expenses, including travel allowances as set forth in the current Montana Prevailing Wage
Rate for Non Construction Services in effect and applicable to Gallatin County, Montana, which
schedule is incorporated herein. Contractor shall pay all hourly wage employees on a weekly
basis. Violation of the requirements set forth in the above State of Montana schedule of
prevailing wage rates may subject the Contractor to the penalties set forth in §18-2-407, MCA.
Contractor shall maintain payroll records during the term of this Agreement and for a period of
three (3) years following termination of this Agreement.
The Contractor shall ensure that any person, firm or entity performing any portion of the
services under this Agreement for which the contractor, subcontractor or employer is
responsible, is paid the applicable standard prevailing rate of wages.
In the event that, during the term of this Agreement, any labor problems or disputes of
any type arise or materialize which in turn cause any services to cease for any period of time,
Contractor specifically agrees to take immediate steps, at its own expense and without
expectation of reimbursement from City, to alleviate or resolve all such labor problems or
disputes. The specific steps Contractor shall take shall be left to the discretion of Contractor;
provided, however, that Contractor shall bear all costs of any related legal action. Contractor
shall provide immediate relief to the City so as to permit the services to continue at no additional
cost to City.
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 and for any claims regarding underpaid prevailing wages.
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 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; or (ii) any negligent, reckless, or intentional misconduct of any of
the Contractor’s agents.
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 intentional 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 City as indemnitee(s) which would otherwise exist as to such indemnitee(s).
Contractor’s indemnity under this Section shall be without regard to and without any right
to contribution from any insurance maintained by City.
Should the City 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 City 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 City for a claim(s) or any portion(s) thereof.
In the event of an action filed against the 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, 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
[City’s] 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 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.
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;
• Commercial General Liability - $1,000,000 per occurrence; $2,000,000 annual
aggregate;
• Automobile Liability - $1,000,000 property damage/bodily injury per accident; and
• Professional Liability - $1,000,000 per claim; $2,000,000 annual aggregate.
The above amounts shall be exclusive of defense costs. The City 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 thirty (30) day notice of cancellation or
non-renewal. 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, the 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 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 9, 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 9(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 thirty (30) 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 and Notices:
a. City’s Representative: The City’s Representative for the purpose of this
Agreement shall be _________________ 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 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 designated by the City in writing 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
direction or communication to other designated Contractor personnel or agents.
c. Notices: All notices required by this Agreement shall be in writing
and shall be provided to the Representatives named in this Section. Notices shall be
deemed given when delivered, if delivered by courier to Party’s address shown above
during normal business hours of the recipient; or when sent, if sent by email or fax (with
a successful transmission report) to the email address or fax number provided by the
Party’s Representative; or on the fifth business day following mailing, if mailed by ordinary
mail to the address shown above, postage prepaid.
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 and Equal Pay: The Contractor agrees that all hiring by
Contractor of persons performing this Agreement shall be on the basis of merit and qualifications.
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.
Contractor represents it is, and for the term of this Agreement will be, in compliance with
the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal
Pay Act). Contractor must report to the City any violations of the Montana Equal Pay Act that
Contractor has been found guilty of within 60 days of such finding for violations occurring during
the term of this Agreement.
Contractor shall require these nondiscrimination terms of its subcontractors 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 its 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 the City. Any subcontractor or assignee will be
bound by all of the terms and conditions of this Agreement.
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 of 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: In the event it becomes necessary for either Party 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
including the City Attorney’s Office staff.
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.
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 herein 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.
30. Consent to Electronic Signatures: The Parties have consented to execute this
Agreement electronically in conformance with the Montana Uniform Electronic Transactions Act,
Title 30, Chapter 18, Part 1, MCA.
31. Extensions: this Agreement may, upon mutual agreement, be extended for a
period of one year by written agreement of the Parties. In no case, however, may this Agreement
run longer than __________________________.
**** END OF AGREEMENT EXCEPT FOR SIGNATURES ****