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City of Benton Harbor Information Technology Request for Proposal

2018

Darwin Watson City of Benton Harbor

4/19/2018

REQUEST FOR PROPOSAL INFORMATION TECHNOLOGY SUPPORT SERVICES AND HOSTED SERVICES

Proposals will be received by the City of Benton Harbor for Information Technology Support Services and Hosted Services. Interested vendors should submit one original and 5 copies of their proposal response documentation in an envelope marked as follows:

CITY OF BENTON HARBOR, MICHIGAN INFORMATION TECHNOLOGY SUPPORT SERVICES BID

Please submit bids to:

Kimberly Thompson, City Clerk

City of Benton Harbor

200 East Wall Street

Benton Harbor, Michigan 49022

Formal proposals must be received by Thursday, May 17, 2018 at 10:00 AM. Bids will be publically opened and

read aloud on Thursday, May 17, 2018 in the City Clerk’s office at 2:00PM.

Vendors are required to provide as much detail as possible in this proposal, regarding scope of services, approach to protecting and securing the technology used by City users, and their capability and experience. The City will utilize evaluation and selection criteria to determine an acceptable vendor. The City reserves the right to reject any or all proposals or to accept any proposal considered most advantageous, regardless of price.

Copies of the Request for Proposal are available electronically at www.bentonharborcity.com. Proposals will be public information after bids are opened. Please direct all inquiries to Darwin Watson at 269-927-8457 or [email protected]. Inquiries will be posted to the City of Benton Harbor website (inquirers will not be identified, only the questions), with the associated answer. All vendors assume the sole responsibility for monitoring the website for questions and answers. The City bears no responsibility for vendors not receiving current information due to neglecting to check the current status of the proposal on the City website. Any changes or clarifications to the Request for Proposal will be posted exclusively on the City website.

http://www.bentonharborcity.com./

mailto:[email protected]

INSTRUCTIONS TO BIDDERS

This proposal shall be legibly prepared in ink or typed on the bid/RFP form furnished.

Bid or proposal prices must have specific dollar values unless otherwise requested on the bid document.

Any bid or proposal not stated in dollar value will be disqualified as non-responsive.

If any price already entered by the vendor is to be altered, it shall be crossed out with ink, the new price entered above it with ink and initialed by the vendor, also in ink.

Proposals or bids prepared with pencil will be rejected.

All proposals must be submitted in sealed envelopes bearing the name of the vendor and a notation in the lower left corner indicating item for which the bid or proposal is submitted.

Bids or proposals must be received in the business office by the time specified on the cover documents.

Invoices will be processed for payment within thirty (30) days after receipt and authorization of invoice.

Cash discounts, if any, shall be based on a period of 30 days or more after the delivery of the purchase item or service, following invoice delivery. Lesser periods will not be considered in the awarding.

Material Safety Data Sheets (MSDS's) / Safety Data Sheets (SDS's) must be submitted with any bid or quote for a product or service that requires the use of a product that must have a MSDS/SDS. Data Sheets are kept on file at the City of Benton Harbor, and Contractors can review for material housed or used by the City of Benton Harbor. The City of Benton Harbor highly recommends SDS’s are provided. The City of Benton Harbor must have SDS’s available for use no later than June 1, 2018 to be incompliance with the Occupational Safety and Health Administration's (OSHA) Hazard Communication Standard (HCS).

Compliance with Federal Civil Rights Act of 1964

The parties hereto agree, when applicable, that they will comply with the Federal Civil Rights Act of 1964, the Federal, State and Local Fiscal Assistance Act of 1972, and all rules and regulations issued there under, as well as the applicable portions of the Elliott-Larsen Civil Rights Act and the Michigan Handicappers' Civil Rights Act being Article 2, Act No. 220, Public Acts of 1976, as amended. Specifically, contractors and subcontractors are required not to discriminate against any employee or applicant for employment with respect to such person's hire, tenure, terms, conditions or privileges or employment or any matter directly or indirectly related to employment because of such person's race, color, religion, national origin, ancestry, age or sex or protected classes as defined by law. Breach of this covenant may be regarded as a material break of the contract or purchasing agreement and may be processed as provided under the State of Michigan laws.

The City of Benton Harbor in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 USC 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Federally-assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of gender, disability, race, color, or national origin in consideration for an award.

2018 COBH IT Request for Proposal

REQUEST FOR PROPOSAL INFORMATION TECHNOLOGY SUPPORT SERVICES

1. INTRODUCTION

The City of Benton Harbor is requesting proposals from qualified, professional technology vendors for Information Technology (IT) Support Services. The qualified vendor would provide necessary technical services, which would enable the City to:

Protect and secure its technology facilities

Ensure the efficient operation of its data processing networks and related computer systems in its defined user community

Enhance its quality of service for departments throughout the city

Minimize the spending and maximize the Return on Investment (“ROI”) for investment in technology

The ideal vendor will resolve computer systems and network issues in accordance with standard and acceptable maintenance and support benchmarks. The successful vendor will be expected to organize “help desk” service calls efficiently and to ensure that there is NO significant computer downtime during normal working hours, generally 8:30 AM to 5:00 PM, Monday through Friday, in addition to 24 hour operations for Public Safety and Utility Services. The vendor is expected to report on status of technology issues and communicate effectively with City departments.

2. BACKGROUND INFORMATION

The City of Benton Harbor does NOT have an “in-house” IT Department and is currently using an outside vendor service to provide maintenance and support on an as needed basis.

There are seven (7) physical and three (3) virtualized on Hyper-V running Windows Server 2008 to Windows Server 2016. They have various memory and hard drive sizing and the server hardware is mostly Dell PowerEdge and Lenovo. The network infrastructure includes various switch models including HP and Dell, as well as two (2) SonicWall firewalls. Other detailed information about the specifications is available for review, as necessary.

The City’s operations are housed in 3 main building (City Hall/Public Safety, Water Treatment Plant and Public Works) with roughly 52 employees. There are approximately 53 PC’s in these departmental areas (City Hall/Public Safety-48; Water Treatment Plant-4; and Public Works-1) to be covered under the service/support or managed services agreement with the successful vendor. The addresses and locations are available upon request. These PC’s vary by manufacturer, aging, specifications, software, and service pack versions. Windows 7 Professional is the prevalent operating system used on the workstations. The City deploys ESET as its prevalent anti-virus software and uses various versions of Windows software.

The detail describing the inventory more specifically is available to all bidding parties per request. Experience in Public Safety

Systems and Criminal Justice Information Systems (CJIS) Security Policy preferred. This experience can be noted in the response.

Additionally, all IT vendors having access to the City of Benton Harbor servers must submit to a fingerprint and criminal history check conducted by the City of Benton Harbor Department of Public Safety. Additionally, the other key applications include BS&A and Kronos timekeeping software.

3. SERVICES REQUIRED

This section summarizes the services to be provided to the City of Benton Harbor in this RFP. This RFP requests pricing details for two distinct options, Managed Services and Hosted Services.

The City expects the vendor proposals to define, in detail, the approach to be used in the above categories. Distinction of time and material costs for these efforts are important to billing the City and future budget considerations.

Managed Services Scope

A. Information Requirements

For the purposes of understanding more about your company and your ability to successfully fulfill this important City of Benton Harbor requirement, please provide the information below as part of your response, clearly referencing each specific question.

B. Corporate Information

1. Give a brief overview of your organization’s involvement in providing IT value added services in the marketplace. 2. How long has the organization been in this business and what is your current market share? 3. Provide your organization’s annual sales volumes 4. In what cities do you maintain offices?


5. Indicate the number of employees in your organization. How many of those are dedicated to account management and/or technical support?

6. How many are full-time vs. contract? 7. Please describe your relationships and experience with manufacturers and major distribution partners in the technology

marketplace. 8. What differentiates your organization from your competitors in the marketplace and how will this be relevant to us? 9. Will you subcontract any components of the proposed solution to third party organizations? If so, please describe the

components to be subcontracted and provide details of any agreement in place with the subcontracted firm/individuals as well as a summary of past work that you have successfully completed together.

10. Please describe your organization’s experience in transitioning clients to public or private cloud technology from more traditional IT service models.

11. Please provide details of three (3) current customer accounts that are similar in scope and requirements to those of the City of Benton Harbor.

C. Proposed Approach and Solution

1. Please provide a proposed work plan for a migration to your organization as a City of Benton Harbor preferred vendor. Specifically, provide the following information:

i. Key activities ii. Timing

iii. Information/resource requirements from the City of Benton Harbor iv. Deliverables v. Key milestones, checkpoints, and other decision points

2. If we elect to move forward with your organization, what City of Benton Harbor resources would you require (e.g., information, data, staff resources, communication) during the course of migration and on an ongoing basis?

3. Please identify the team that will be assigned to the account and describe how you plan to interact with us and any third party providers that may provide services to the City of Benton Harbor.

4. Please describe your experience in providing the following value-added services: a. Remote backup b. Technology strategy planning c. Solution design d. Network and email system monitoring e. Procurement management f. Move, Add, Change (MAC) g. Warranty, break fixes and installation h. Technical support, including remote user support i. Reporting and communication j. IT policy review and development k. Unit evaluation and testing l. Implementation planning and guidance m. Image development and management services n. Image loading o. Configuration p. PC deployment q. On-site implementation of business applications r. Asset inventory management s. Life cycle management of hardware units t. Software licensing control u. Warehousing

5. Please describe your experience in providing server technology and service for your customers, focusing on planning, implementation, and ongoing support.

6. Can you provide specific examples of how you have worked with customers that began with significant technology limitations and helped to successfully transform them into organizations with well planned and executed technology strategies? What were the critical success factors in this transformation?

7. How can we be confident that hardware pricing levels will be aggressive and will remain highly competitive over a multi-year period during which new models may be introduced?


D. Support

1. Describe fully your technical support options including the assistance request process, escalation process, support hours, response times, staffing levels, staff expertise, and physical location of the help desk.

2. Please provide details on your standard reporting capabilities. 3. Describe any documentation and support (e.g., user manuals, online help, interactive demos, web-based seminars, and

online knowledge base) that will be available, both from the technical perspective and the end user perspective. 4. What options are available for user training and technical training that may be required by our staff? 5. Describe any user groups, websites, newsletters, conferences, or any other means you support for sharing information

and soliciting service feedback. 6. How do you monitor customer satisfaction and quality assurance on an ongoing basis and how might we benefit from this

process? 7. The City of Benton Harbor user base varies considerably in its level of technical sophistication. Please describe your

experience in successfully supporting users that may be remote and possess limited technical skills.

E. Financials

1. Describe the pricing model(s) that you typically employ for your standard services. 2. What is the standard markup that you charge on the following types of technology units:

a. Desktops b. Laptops c. Servers d. Other hardware e. Software

3. Please indicate the charges associated with each of the following services, in dollars, including the key driver of each cost and whether it is included in a standard per-unit cost vs. charged on an ad hoc basis.

a. Remote backup b. Technology strategy planning c. Solution design d. Network and email system monitoring e. Procurement management f. Move, Add, Change (MAC) g. Warranty, break fixes and installation h. Technical support i. Reporting and communication j. IT policy review and development k. Unit evaluation and testing l. Implementation planning and guidance m. Image development and management services n. Image loading o. Configuration p. PC deployment q. On-site implementation of business applications r. Asset inventory management s. Life cycle management of hardware units t. Software licensing control u. Warehousing

4. Do you offer service bundles and if so, describe the effect of this bundling on pricing.

Hosted Services Scope

A. Proposal

To be considered as a Hosted Services vendor, the Company must submit a complete response to the RFP with pricing provided. An official authorized to bind the Company to its provisions must sign the proposal. The proposal for this RFP must remain valid for at least ninety (90) days prior to award.

B. Hosted Provider Requirements

Hosted provider’s facility must meet the following minimum specifications to be considered:


a) Facility must meet SSAE 16 SOC I compliance b) Generator backup power c) Uninterruptible Power Supply Power for transition period during generator startup d) Access controlled facility with auditable logs indicating any persons granted access to the data center e) Data must be backed up daily to an off-site facility operated by the provider f) Data center must be served by multiple fiber optic connections to the Internet g) Dedicated data center cooling system with N+1 cooling units h) Solution must be easily scalable, allowing the City of Benton Harbor to add or delete users, storage, and/or servers i) Each server must be protected behind an application specific firewall j) Each server must be protected by anti-malware software k) Access to the hosted servers must be permitted for use by any Internet connected computer if the City of Benton Harbor

desires. l) Server Access and Privileges must be limited to the persons designated as administrator by the City of Benton Harbor m) Active environment must be able to be duplicated quickly to allow updates to be assessed without impacting production

systems n) Anti-virus, anti-malware, and anti-SPAM services must be included o) Hosted provider’s server and storage area network hardware must be of known quality from a nationally recognized

manufacturer(s) who regularly advertises, promotes and distributes relevant products and services for the public sector, which will provide access to reliable technical assistance, service and replacement of parts over the life of the equipment. Acceptable manufacturers include: Dell, HP, IBM, 3Par, EqualLogic, EMC, and Brocade. Server CPU must be current within the last three years

p) Bandwidth to City of Benton Harbor should provide a Committed Information Rate (CIR) of not less than 10 Mbps. q) Monitoring shall be included to allow 24x7 server performance and functions including bandwidth utilization, memory, and

CPU utilization, storage capacity, temperature, power, and Internet connectivity r) Operating Systems patching must be included in cost of service s) Dedicated, certified (VMware & Microsoft Server Platforms) data center support staff with 24 hour response to critical

issues t) Response to service outages shall be addressed within two business hours Monday – Friday between 8:30 AM to 5:00 PM

EST. Service outages occurring after business hours shall be addressed within six hours from notification to service provider

u) Service uptime shall be 99% of business hours Monday-Friday between 8:30 AM to 5:00 PM EST excluding scheduled maintenance or unscheduled/emergency maintenance

v) Any unplanned outages lasting more than four hours shall require a billing adjustment equal to one day credit for each four hour unplanned outage (not to exceed monthly billing).

C. Conversion Requirements

a) Bidders must submit a firm price for completion of conversion services for migrating existing server instances while minimizing any planned downtime.

b) Unplanned downtime will not be acceptable. c) Cost of installation is to include all labor, supervision, tooling, and mounting hardware and any other necessary expenses.

No additional charges will be allowed. d) The selected bidder will be responsible for scheduling migration services with the City’s contact at a mutually agreeable

date/time. e) Payment for services will not be processed until migration is complete and fully operational as deemed by City of Benton

Harbor contact. Also, reference Terms and Conditions, 6. Invoicing and Payments.

D. Unit Price Details

Bidder must submit Unit Price Details for equipment and installation of units to include system components, supporting materials, hardware, labor and any other included costs.

E. Maintenance and Support Plan

Each Vendor(s) must provide a complete maintenance and support plan including emergency and non-emergency intervals, as well as periodic routine schedules. Routine maintenance and associated costs should be included.

F. Other

Bidders may provide optional products for the City’s consideration. The City may opt to include these items in any award made by the City related to this bid.


4. SUBMISSION REQUIREMENTS

The City is requesting that the proposals submitted address the subjects outlined in Section 3 herein with specificity. The City is looking for content, organized effort, and solution-oriented procedures. The goal is a secure, smooth operating, efficient process, and effective information technology system.

Due to the nature of this proposal, it is requested that each proposal be brief and to the point and consist of no more than ten pages. Each proposal shall provide the following information:

Letter of Transmittal:

The letter of transmittal must contain the following statements and information:

Company name, address, telephone number(s), and website.

Name, title, email address, and telephone number of the person(s) to contact and who are authorized to represent the firm and to whom correspondence should be directed.

Federal and State taxpayer identification numbers of the firm.

A brief statement of your understanding of the services to be performed and make a positive commitment to provide services as specified.

The letter must be signed by a corporate officer or person authorized to bind the vendor to the proposal and cost schedule.

A statement indicating that the proposal and cost schedule will be valid and binding for ninety (90) days following the proposal due date, and will become part of the contract negotiated with the City.

Profile:

1. Provide a short profile of the firm including at a minimum: a) Length of time in business b) Length of time in providing proposed services c) Number of clients d) Number of clients in the public sector e) Number of full-time employees and area of involvement: Technical Support, Programming, Consulting, Sales Support,

Administrative Support f) Location of office to service the account g) Small, Minority-owned, and Woman-owned business, if applicable

Proposal:

1. Description of the approach the firm will use in providing the services requested. Description of how the firm is positioned to provide the services requested, with a history of experience on providing similar services.

2. Name, title, address, and telephone number of three references for clients, whom similar services have been provided, including information referencing the actual services performed, number of users, and length of tenure. References of other Public Sector clients would be beneficial.

3. Naming of staff resources, with identification of principals and key personnel, a. who are available to provide the services (The City prefers one primary point of contact or project manager); b. experience and expertise of staff; c. local availability of staff is an important consideration; d. role and responsibilities that each staff member will have.

4. Support services questions to be addressed: a. Help Desk Description b. Support availability (days of week and time, including how you will deal with after hours and weekend calls) c. Toll free number d. Structure of charges for support e. Steps for resolving problem escalation f. Final authority regarding conflicts g. Response time and goal for resolving problems

5. Explanation of any contract termination for default or other incident in the past five years. Termination for default is defined as notice to stop services for non-performance or poor performance, and issue was either litigated or not litigated. If default occurred, list name, address, and telephone number of the party. If NO such termination occurred for default, declare it. The City will evaluate the facts, and may, at its sole discretion, reject the vendor’s proposal.

6. Scope of services beyond the RFP that the firm provides which may be of interest to the City.


7. Proposal summary, including why the firm is pursuing the work and how it is uniquely qualified to perform the services.

Draft Contract Language

The vendor shall submit a draft contract.

Reports

The vendor shall submit service reports on a monthly basis, summarizing service and IT policy issues. The Vendor must be available to meet with the City Manager or designated staff member to review periodically scheduled reports and discuss issues.

Cost of Services

The City is requesting that the vendor submit a FIXED FEE service contract for ongoing maintenance items along with an hourly rate for troubleshooting, desktop maintenance and other projects for a twelve month period, with an option to renew for four successive twelve month periods. Each twelve month period must be shown separately. Payment schedule should also be included (i.e. monthly, bi-weekly, etc.).

As a bid alternate, vendor should also submit a FIXED FEE service contract for an all-inclusive service and maintenance, with the understanding that major projects will be negotiated on an as needed basis.

Vendors may also submit other alternative packages that they feel would meet the needs of the City as an included alternate bid.

Vendors must list, specifically, any services which would not be covered in the proposal price. The vendor shall indicate the impact, if any, of changes in the City’s IT infrastructure (number of servers and PC’s) on the fixed fee. Identify the following for those services not under the fixed fee:

i. A fee schedule containing the vendor hourly rates ii. A description of how services will be billed

iii. A description of additional charges, as in out-of-pocket expenses for travel, subsistence, etc.

5. Evaluation Criteria

A selection committee, appointed by the City Manager, will review the vendors’ qualifications. From this review, an evaluation and selection process will be completed using the following criteria as a benchmark for making a recommendation. The City Commission will award the contract to the vendor who provides a proposal that it determines provides the best value for the City. The criteria are shown below:

1. Approach and Methodology 2. Project Staffing and Experience 3. Pricing 4. Satisfaction of Clients/End Users 5. Terms and Conditions 6. Delivery and Installation 7. References

A rating system will be used to evaluate the proposals based on the above criteria. The award of the contract will be made to a firm, whose proposal receives a favorable evaluation and recommendation of the selection committee, with final approval by the City Commission. The City reserves the right to accept whichever proposal is felt to be in the best interest of and provide the best value to the City of Benton Harbor as well as to reject any and all bids for any or no reason.

6. Miscellaneous

The City of Benton Harbor reserves the right to reject any or all proposals for failure to meet the requirements contained herein, to waive any technicalities, and to select the proposal which, in its sole judgment, best meet the requirements of the City of Benton Harbor.

The RFP creates no obligation on the part of the City to award a contract or to compensate the Bidder for any costs incurred during proposal presentation, response, submission, presentation, or oral interviews. The City reserves the right to award a contract based on proposals received without further discussion or negotiation. Vendors should not rely upon the opportunity to alter their qualifications during any discussions.

The City further reserves the right to make such investigation as it deems necessary, to determine the capability of the vendors to furnish required services, and vendors shall furnish all such information for this purpose as the City may request.

Vendors must specifically identify any portions of their submittals, deemed to contain confidential and proprietary information, or trade secrets. However, the vendor should also understand that information submitted may be subject to Michigan Freedom


of Information Act Laws and may be disclosed if requested.

All requests from the vendor for additional information must be made in writing (includes email), and this information provided will be made available to all vendors at the discretion of the City.


TERMS AND CONDITIONS

1. AWARD OF CONTRACT

a. The contract will be awarded to the responsible Vendor whose proposal, conforming to this solicitation; will be most advantageous to the City according to the criteria outlined herein. The City reserves the right to accept or reject any or all proposals and waive informalities and minor irregularities in proposals received.

b. Notification of award will be in writing by the City Manager. Upon notification, the Vendor shall submit to the City Manager all required insurance certificates and such other documentation as may be requested or required hereunder. Upon their receipt and subsequent approval by the City, the City Manager will forward to the Vendor a Purchase Order. Work shall NOT be started until such Purchase Order is received by the Vendor.

c. Unilateral changes in proposal prices by the Vendor shall not be allowed. However, the City at its sole option, reserves the right to negotiate with Vendor.

2. DISCLOSURE OF PRICE DETERMINATION

After contract award, a summary of total price information for all submissions will be available for review by those Vendors participating in the bid/RFP.

3. REQUEST FOR PROPOSAL AS CONTRACT

Should modifications (after proposal opening) NOT be necessary; bid/RFP will be executed as the contract.

4. SUBCONTRACTORS - NON-ASSIGNMENT

Vendor shall state in writing any and all sub-contractors to be associated with this proposal, including the type of work to be performed. The Vendor shall cooperate with the City in meeting its commitments and goals with regard to maximum utilization of minority and women-owned business enterprises.

The Vendor hereby agrees and understands that the contract resulting from this proposal shall not be transferred, assigned or sublet without prior written consent of the City.

5. TAXES

The City is exempt from all federal excise tax and state sales and use taxes. However, depending upon the situation, the vendor or Vendor may not be exempt from said taxes and the City is making no representation as to any such exemption.

6. INVOICING AND PAYMENTS

Vendor must submit an invoice at minimum monthly (unless otherwise specified in bid proposal document) with a city purchase order and project number (as applicable) for the work completed during the month. Payment for a contract entered into as a result of the bid/ RFP will be made monthly in the next payment cycle following receipt and approval of the Vendor's invoice and processing by the City. The Vendor’s invoice must include detailed information regarding person-hours, including any subcontractor invoices, expended by classification and by task, as well as information regarding such items as materials and other eligible non-overhead costs. ALL INVOICES MUST BE CLEARLY ADDRESSED TO THE CITY OF BENTON HARBOR AS FOLLOWS: “City Information Technology Invoice(s)”. Invoices may be submitted electronically at [email protected]. Please submit invoice either electronically or by mailed hard copy – but not both.

7. CHANGES AND/OR CONTRACT MODIFICATIONS

The City reserves the right to increase or decrease services or requirements, or makes any changes necessary at any time during the term of this contract, or any negotiated extension thereof. Price adjustments due to any of the foregoing changes shall be negotiated and mutually agreed upon by the Vendor and the City.

Changes of any nature, after contract award, that reflect an increase or decrease in requirements or costs shall not be permitted without prior approval by the City.

8. LAWS, ORDINANCES AND REGULATIONS

This agreement shall be governed by the laws of the State of Michigan.

The Vendor shall keep fully informed of all local, state and federal laws, ordinances and regulations in any manner affecting those engaged or employed in the work and the equipment used. The Vendor and/or employees shall, at all times, serve and comply with such laws, ordinances and regulations.

Any permits, licenses, certificates or fees required for the performance of the work shall be obtained and paid for by the Vendor.


9. INDEPENDENT PRICE DETERMINATION

a. By submission of a proposal, the Vendor certifies as to its own organization that in connection with this proposal:

i. The prices in the proposal have been arrived at independently without consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other Vendor or with any competitor; and

ii. Unless otherwise required by law, the prices which have been quoted in the proposal have not been knowingly disclosed by the Vendor, and will not knowingly be disclosed by the Vendor, prior to award, directly or indirectly to any other Vendor, or to any competitor; and

iii. No attempt has been made or will be made by the Vendor to entice any other person or Vendor to submit, or not to submit, a proposal for the purpose of restricting competition.

b. Each person signing the proposal certifies that either:

i. They are the person(s) in the Vendor's organization responsible within the organization for the decision as to the prices being offered in the proposal, and that they have not participated, and will not participate, in any action to A. AWARD OF CONTRACT 1, 2 and 3, above; or

ii. They are not the person(s) in the Vendor's organization responsible within that organization for the decision as to the prices being offered in the proposal, but that they have been authorized in writing to act as agent for the persons responsible for such decision in certifying that such persons have not participated, and will not participate in any action contrary to A. AWARD OF CONTRACT 1, 2, and 3 above, and, as their agent, do hereby so certify, and that they have not participated, and will not participate, in any action contradictory to A. AWARD OF CONTRACT 1, 2, and 3, above.

c. A proposal will not be considered for award if the statement required in the Cost and Price Analysis portion of the proposal has been altered so as to delete or modify A. AWARD OF CONTRACT 1, 2, or B. DISCLOSURE OF PRICE DETERMINATION, above. If A. AWARD OF CONTRACT 2 has been modified or deleted, the proposal will not be considered for award unless the Vendor furnishes, with the proposal, a signed statement that sets forth in detail the circumstances of the disclosure, and the Finance Office determines that such disclosure was not made for the purpose of restricting competition.

10. RIGHT TO AUDIT

The City Manager or their its designee shall be entitled to audit all of the Vendor's records, and shall be allowed to interview any of the Vendor's employees, throughout the term of this contract and for a period of three years after final payment or longer if required by law to the extent necessary to adequately permit evaluation and verification of:

a. Vendor's compliance with contract requirements, b. Compliance with provisions for pricing change orders, invoices or claims submitted by the Vendor or any of their payees.

11. HOLD HARMLESS

If the acts or omissions of the Contractor/Vendor or its employees, agents or officers, cause injury to person or property, the Contractor/Vendor shall defend, indemnify and save harmless the City, its agents, officials, and employees against all claims, judgments, losses, damages, demands, and payments of any kind to persons or property to the extent occasioned from any claim or demand arising there from.

12. DEFAULT

The City may at any time, by written notice to the Vendor, terminate this contract and the Vendor's right to proceed with the work, for just cause, which shall include, but is not limited to the following:

a. Failure to provide insurance and bonds (when called for), in the exact amounts and within the time specified or any extension thereof.

b. Failure to perform the services within the time specified herein, or any extension thereof. c. Failure to make progress if such failure endangers performance of the contract in accordance with its terms. d. Failure to perform in compliance with any provision of the contract. e. Standard of Performance - Vendor guarantees to provide the services rendered herein in accordance with the accepted

standards of the industry or industries concerned herein, except that if the specifications call for higher standards, then such higher standards shall be provided.

In the event of any breach of this contract by the Vendor, the Vendor shall pay any cost to the City caused by said breach including but not limited to the replacement cost of such services with another Vendor.


The City reserves the right to withhold any or all payments until any defects in performance have been satisfactorily corrected.

In the event the Vendor is in breach of this contract in any manner, and such breach has not been satisfactorily corrected, the City may bar the Vendor from being awarded any future City contracts.

13. INDEPENDENT CONTRACTOR

At all times the Vendor, any of its employees, or its sub-contractors, and their subsequent employees shall be considered independent contractors and not as employees of the City. The Vendor shall exercise all supervisory control and general control over all workers' duties, payment of wages to Vendor's employees and the right to hire, fire and discipline their employees and workers.

14. PROJECT CONTROL

The Vendor will perform the work under the direction and control of the City Manager or their designee for the City.

15. INSPECTION OF WORK SITE

Before submitting bids for their work, the Vendor shall be responsible for examining the work site (when applicable) and satisfy itself as to the existing conditions under which they will be obliged to operate, or that in any way affects the work under this contract. No allowance shall be made subsequently in behalf of the Vendor for any negligence on his/her part.

16. RESPONSIBILITIES

The City agrees to provide full, reliable information regarding its requirements for the Project and, at its expense, shall furnish the information, surveys and reports, if any, as described in the specifications. In addition, the City agrees to provide, at its expense and in a timely manner, the cooperation of its personnel and such additional information with respect to the Project as may be required from time to time.

17. TERMINATION

The City may terminate this Agreement by giving written notice at least thirty (30) days prior to the date of termination.

In the event of such termination by the City, the City shall pay the Vendor for services and reimbursable expenses performed or incurred prior to the termination date plus all costs and expenses directly attributable to such termination for which the Vendor is not otherwise compensated.

18. USE OF DOCUMENTS AS APPLICABLE

Provided to the City: All plans, drawings and specifications provided to the City under this Agreement shall become property of the City of Benton Harbor and shall be deemed public records as required by Michigan law. The City shall be entitled to use such documents for its own municipal purposes only, and shall have no authority to sell them at a profit to any third party. Any use of such documents by the City for municipal purposes not related directly or indirectly to the scope of the services provided for by this Agreement shall create no liability for the Vendor, and the City agrees to indemnify and hold the Vendor harmless from any and all reasonable damages, losses, attorney fees, costs, and/or reasonable expenses which the Vendor may incur as a result of such use by the City.

19. CONFLICT OF INTEREST

The Vendor shall not be allowed to work as a contractor or sub-contractor on any project within the scope of this contract that constitutes a conflict of interest.

20. NO WAIVER

Either party's failure to insist on strict performance of any term or condition of the contract shall not be deemed a waiver of that term or condition even if the party accepting or acquiescing in the nonconforming performance knows of the nature of the performance and fails to object to it.

21. INSURANCE

Vendor shall furnish certificates of the following coverage to the City:

a. Without limiting its liability under the Contract, Vendor shall procure and maintain insurance, at its expense, during the life of the Contract of the types and in the minimum amounts stated in Exhibit A.

b. The Comprehensive General Liability policy shall also include blanket contractual liability coverage or a contractual liability endorsement covering the liability assumed by VENDOR under the Contract with limits not less than those specified above. The Certificate of Insurance to be furnished there under shall reflect such coverage.


c. The Vendor shall hold harmless from and indemnify the City of Benton Harbor, its agents, officers, board members, and employees against all claims, suits, actions, costs, counsel fees, expenses, damages, judgments or decrees, or negligent acts of the Vendor, or any person employed under said Vendor during the performance of this Contract or in any matter related thereto.

d. All insurance coverage required to be furnished by Vendor shall be written by a company or companies licensed to do business in and to insure risks incurring in the State of Michigan. Wherever umbrella coverage is required to comply with limits specified, the umbrella policy shall include all coverage requirements. Before commencing any work, certificates in triplicate, satisfactory in all respects, evidencing the maintenance of said insurance, shall be furnished and shall contain the following statement:

i. "The insurance will not be canceled nor any changes made in the policy which change, restrict, or reduce the insurance provided, or change the name of the insurance, without first giving thirty (30) days notice in writing as evidenced by return receipt or registered or certified mail."

ii. Certificate must indicate “The City of Benton Harbor, the City of Benton Harbor City Commission and their officers, agents, and employees, are named as additional insured parties as their interest may appear.”

iii. The insurance certificates indicated above shall be submitted within ten (10) workday days of notification of award and prior to the execution of any work under this contract.

iv. It shall be the Vendor's responsibility to provide similar insurance for each subcontractor, or to provide evidence that each subcontractor carries his own insurance in like amounts; prior to the time such subcontractor proceeds to perform under the contract.

v. Comprehensive professional (errors and omissions) liability insurance with limits no less than $500,000 aggregate which shall insure against acts which are in the nature of professional services performed by architects and engineers. If a contract is entered into, the Vendor shall maintain such insurance during the life of the contract.


Exhibit A

INSURANCE REQUIREMENT

It is the policy of the City of Benton Harbor (the City) that any contractor or person working within the public county road right-of-way is required to obtain a permit to construct, operate, use and/or maintain within a county road right-of-way, under the jurisdiction and control of the City.

INSURANCE REQUIREMENTS FOR ALL PERMITTED ACTIVITIES PERFORMED BY CONTRACTORS (Except residential driveways, transport and miscellaneous permits)

General Liability $ 2,000,000 each occurrence (Recommended) $ 1,000,000 each occurrence (Minimum)

In addition, the General Liability insurance shall be endorsed to add the Board as an “Additional Insured Party” on the policy. The endorsement should include the wording that includes:

“The City of Benton Harbor, the City of Benton Harbor City Commission and their officers, agents, and employees, are named as additional insured parties as their interest may appear.”

Automobile Liability - Bodily Injury and Property Damage $ 2,000,000 each occurrence (Recommended) $ 1,000,000 each occurrence CSL (Minimum) $ 500,000 BI per person

WORKERS’ COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACTORS AND SUBCONTRACTORS

Workers’ Compensation Insurance – Part I Statutory Limits Employers Liability Insurance – Part II $500,000 Each Accident

$500,000 Disease - Each Employee $500,000 Disease - Policy Limit

INSURANCE REQUIREMENTS FOR RESIDENTIAL DRIVEWAY AND MISCELLANEOUS PERMITS PERFORMED BY HOMEOWNERS AND/OR RESIDENTIAL WORKSITE LANDOWNERS

Homeowners Policy with Binder on primary residence and the worksite property:

Bodily Injury and Property Damage $500,000 (Minimum Recommended)

AND/OR

“Owner’s Protective Policy” with completed operations coverage language for short-term installation of culvert and/or driveway construction or other operation described.

The goal of the Board insurance requirements is to assure that any action brought as a result of the permittee's activities in the public road right-of-way will be defended by and paid for by permittee's insurance carrier and will not result in action or settlement against the Board. However, this amount is subject to change as the commission's estimate of the exposure to risk and resultant claims amount may change.


2018-04: HOSTED SERVICES QUESTIONNAIRE

Please answer the following questions completely. You are not required to submit answers on this form and additional information (brochures, illustrations, etc.). If not using this form, please follow its format.

1. Company name: ______________________________________________________________

2. Established: Year __________ State _________________

3. Type of organization:

a. Individual: __________ b. Partnership: _________

c. Corporation: ______________ d. Other ___________

4. Former firm name(s) if any, and year(s) in business:

5. List other organizations with whom you have contracted with for similar services in the last three years. Please provide attachment of written reference from each.

a. ______________________________________________________________ __________________________ Company Address

_________________________________________________________________________________________ Contact Phone E-mail

b. ______________________________________________________________ __________________________ Company Address


c. ______________________________________________________________ __________________________ Company Address



2018-04: HOSTED SERVICES CERTIFICATION

I hereby state that all of the information I have provided is true, accurate, and complete, and that I have read and I agree to be bound by the requirements/terms and conditions. I hereby state that I have the authority to submit this proposal, which will become a binding contract if accepted by the City of Benton Harbor. I hereby state that I have not communicated with, nor otherwise colluded with any other bidder, nor have I made any agreement with, or offered/accepted anything of value to/from an official or employee of the City that would tend to destroy or hinder free competition.

Company Information

The City will use the firm’s identification information provided for purchase orders, payment and other contractual purposes. If the contractual relationship is with, or the payment made to another firm, please provide a complete explanation on your letterhead and attach to your proposal. Please provide for accounts payable purposes:

Remittance Address: _______________________________________________________________ (if different than above)

Account Payable Contact: __________________________________________________________

Account Payable Email Address: ______________________________________________________

This page must be submitted with vendor bid. Failure to do so may disqualify vendor bid.

Company Name

Your Name

Title

Taxpayer ID

Street Address

City, State, Zip

Telephone/Cell

Fax Number

Email Address

Date

Signature

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