2026_58_RFP_CPED_Tenant_Legal_Services__FINAL_rev_7.31.2026.pdf

Request for Proposals

City of Minneapolis Community Planning & Economic Development Department (CPED)

Minneapolis Tenant Legal Services

RFP 2026-58 / Event #0000004217 Issue Date: July 31, 2026

Proposals Due by: September 1, 2026 at 2:00 PM (Minneapolis Time)

Table of Contents

RFP General Information Page

I. Invitation II. Pre-Proposal Conference III. Proposal Submittal Instructions IV. Proposal Format V. Evaluation of Proposals – Consultant Selection VI. Schedule VII. Contract VIII. Department Contact/Request for Clarification IX. Rejection of Proposals X. Addendum to the RFP XI. Data Practices

Attachment A – Scope of Services Attachment B – Proposal Cover Sheet Attachment C – Project Narrative Questions Attachment D – Experience and Capacity Form Attachment E – Anticipated Project Budget & Justification Attachment F – Reference List Form Attachment G – General Terms and Conditions Attachment H – Special Conditions for Federal and State Grant Funded Contracts Attachment I – CDBG Special Conditions

REQUEST FOR PROPOSALS

FOR

Minneapolis Tenant Legal Services

I. INVITATION: It is the intention of the City to solicit proposals for Minneapolis Tenant Legal services.

The City of Minneapolis (the City) makes this Request for Proposals (the RFP) in order to select a qualified firm (the Consultant) for providing legal services to low- and moderate-income Minneapolis tenants(the Project). The Project is generally described in the “Scope of Services” (Attachment A), contained within this RFP, including descriptions of roles, responsibilities and relationship of the Consultant, City, and other parties involved in the Services.

II. PRE-PROPOSAL CONFERENCE A pre-proposal conference will be held virtually on August 10, 2026, at 2:00 PM (Minneapolis Time) via Microsoft Teams. All potential Consultants are encouraged to attend this conference.

Microsoft Teams meeting Join: https://teams.microsoft.com/meet/245174344974760?p=n6iIMBe2EcPNB23jXr Meeting ID: 245 174 344 974 760 | Passcode: uc9EP2dQ Need help? | System reference Dial in by phone +1 612-276-6670,,155445542# United States, Minneapolis Find a local number Phone conference ID: 155 445 542#

III. PROPOSAL SUBMITTAL INSTRUCTIONS: All proposals must be submitted electronically through the City’s eSupplier Portal. Please submit all documents as ONE PDF when uploading to the eSupplier system.

1. To access the eSupplier Portal, visit https://www.minneapolismn.gov/business-services/doing-business-with-the-city/get-started/

2. If you are not already a city supplier, you will need to first register as a bidder. You can do this by following the “Use the Portal” link described above and then clicking on the “Bidder/Payee Registration” tile to register:

3. Click Register Now https://teams.microsoft.com/meet/245174344974760?p=n6iIMBe2EcPNB23jXr https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_N2RiMzU5MTItYzExNS00MTNiLWJmNDctYjdkMDE0NzMyYjk5%40thread.v2/0?context=%7b%22Tid%22%3a%220bfb3f5a-e8ea-4d54-b021-2b2f910c715f%22%2c%22Oid%22%3a%22b0eef858-c7e9-410e-97dc-baafeff59bbe%22%7d tel:+16122766670,,155445542 https://dialin.teams.cloud.microsoft/0fa7f4e7-85c1-43f8-acf5-a2ad187d1092?id=155445542 https://www.minneapolismn.gov/business-services/doing-business-with-the-city/get-started/ https://www.minneapolismn.gov/business-services/doing-business-with-the-city/get-started/

4. If you are already a City Supplier, you should have received an email containing your eSupplier User ID and Password. If you do not remember your password, click on the “Forgot Password” tile to enter your User ID and a new password will be emailed to you.

5. If you need help with registering to use the eSupplier portal, you can find written and video instructions at the “Go to eSupplier” link described above by clicking or tapping on the link, “Get eSupplier Guides & Forms”:

If you need further assistance with eSupplier;

• EMAIL (subject line: eSupplier help) - eProcurement@minneapolismn.gov

• PHONE: 612-673-2311

• Paper and mailed applications will not be accepted; please do not mail or drop them off to the City. They will not be accepted.

• Proposals received after the deadline will not be considered.

• Submit all documents as ONE PDF when uploading to the eSupplier system.

IV. PROPOSAL FORMAT: The Consultant shall provide the appropriate information in sufficient detail to demonstrate that the evaluation criteria has been satisfied as specified in the Section titled

“EVALUATION OF PROPOSALS”.

To allow for easier comparison of proposals during evaluation, proposals should contain the following sections and appendices and be arranged in consecutive order.

1. Cover Sheet - Complete the proposal cover sheet (Attachment B), including contact information

2. Project Narrative - The project narrative should be no more than ten (10) pages in 12-point font, single spaced, with one-inch margins. The proposal cover sheet will not be counted toward the page limit.

The project narrative questions that should be answered in your ten-page project narrative are included as Attachment C - Project Narrative Questions, found at the end of the RFP.

3. Experience and Capacity Form - Please complete and submit this form with the rest of the RFP application materials (this form does not count towards the 10-page limit for the Project Narrative).

4. Anticipated Budget and Justification - A budget template is included as Attachment E

– Budget Template. If you choose to use your own format, please ensure it includes sufficient detail, including individual line items for each type of expense, calculations for requested amounts, and separate line items for each personnel cost.

http://minneapolismn.gov/finance/procurement/eSupplier mailto:eProcurement@minneapolismn.gov

You should include a budget narrative to ensure that your budget includes the necessary amount of detail.

5. Company Financial Information - Proof of financial responsibility, any bankruptcy filings by the consultant, its principals and officers during the previous seven years.

Provide this proof in one of the following formats; most recent high level audit report, a current 990, or board approved financial statements. Include a copy of the most recent audit report and management letter if vendor receives over $50,000 in City contracts annually and if vendor is not an individual proprietor.

6. References - List references from contracts similar in size and scope. Please fill out attached form. See Attachment F.

V. EVALUATION OF PROPOSALS – SELECTION OF CONSULTANT: Proposals will be reviewed by an Evaluation Panel made up of representatives of the City of Minneapolis, Department of Community Planning and Economic Development and other City staff assistance as they might require. The Evaluation Panel will select a "short list" of qualified Consultants who will be formally interviewed as part of the final selection, as deemed necessary by the City.

Evaluations will be based on the required criteria listed in the Section titled “PROPOSAL FORMAT”, and the following:

A. Quality, thoroughness, and clarity of proposal.

B. Qualifications, licenses, certifications, and experience of staff (includes a review of references). Any attorneys providing services under an awarded contract must be licensed and remain in good standing to practice law in Minnesota.

C. How well the Scope of Services offered meets department objectives.

D. Financial responsibility and capacity of company including whether or not the company, any affiliates, subsidiaries, officers or directors have filed for federal bankruptcy protection within seven years of the date of this RFP.

E. Organization and management approach and involvement for a successful project.

F. Budget reasonableness, cost effectiveness, and alignment with the proposed scope of work, including fair and sustainable compensation for persons performing services under the contract

G. Small & Underutilized Business participation.

H. Cost of services proposed.

I. Insurance coverage as defined for the services.

J. Completion of Attachments B – F - “Proposal Cover Sheet, Project Narrative Questions, Experience and Capacity Form, Anticipated Project Budget, and Reference List Form.”

VI. SCHEDULE: The following is a listing of key Proposal and Project milestones and duration:

RFP Release July 31, 2026 Pre-Proposal Conference August 10, 2026, at 2:00 PM CT Questions on RFP Due by 4:00 PM CT on August 13, 2026 Responses to Questions posted by 2:00 PM CT on August 18, 2026 Proposals due by 2:00 PM CT on September 1, 2026 Estimated Consultant selection September 30, 2026 Estimated services start date January 1, 2027 Estimated services end date December 31, 2027

Duration of contract (not to exceed 5 years) Other

VII. CONTRACT: The contracting parties will be the City of Minneapolis and the Consultant selected to provide the services as described herein. The selected proposal, along with the RFP and any counter proposal will be incorporated into a formal agreement after negotiations. It is the intent of the City to award a single contract for a term of one (1) year with the option to extend the contract, on an annual basis, at the sole option of the City, for two (2) additional one-year periods, based upon funding approval by the City Council.

VIII. DEPARTMENT CONTACT/REQUESTS FOR CLARIFICATION: The Consultant’s primary interface with the City will be with the Contract Manager who will act as the City’s designated representative for the Project. Prospective responders shall direct inquiries/questions in writing only to:

Contract Manager:

David Mukunza – Supervisor, Residential Finance Department of Community Planning and Economic Email ID: david.mukunza@minneapolismn.gov

Responses to the questions will be posted to the current event in the eSupplier Portal – Contracting Opportunities.

The Contract Manager is the only individual who can be contacted regarding the Project before proposals are submitted. The Contract Manager cannot vary the terms of the RFP.

IX. REJECTION OF PROPOSALS: The City does not promise to accept the lowest cost proposal and specifically reserves the right to reject any or all proposals, to waive any formal proposal requirements, to investigate the qualifications and experience of any Consultant, to reject any provisions in any proposal, to obtain new proposals, to negotiate the requested services and contract terms with any Consultant, or to proceed to do the work otherwise. Incomplete proposals and proposals not sufficiently detailed or not in acceptable form may be rejected by the City.

X. ADDENDUM TO THE RFP: If any addendum is issued for the RFP, it will be posted as an attachment to the current event. The City reserves the right to cancel or amend the RFP at any time.

XI. DATA PRACTICES: Data you provide in response to this RFP will be subject to the Minnesota Government Data Practices Act and may be available to the public. Minn. Stat. 13.591 classifies Business Data and subdivision 3 specifically addresses data submitted in response to an RFP. If you are submitting specific data which you believe meets the definition of trade secret data as defined in Minn. Stat. 13.37, please indicate this on the documents containing the data. The City may ask you to establish that the data meets all of the conditions set forth in Minn. Stat. 13.37, subdivision 1(b).

mailto:david.mukunza@minneapolismn.gov

ATTACHMENT A

SCOPE OF SERVICES

It is the intent of this document to outline a general description of the Project, the extent of services required, and the relationship of this Project to other work, and the agencies or other parties that will interact with the Consultant. The contents of this document are considered representative of the Project as a whole, but are by no means conclusive.

Scope of Services

The City of Minneapolis is seeking proposals from qualified organizations to provide legal services that support low- and moderate-income Minneapolis tenants in enforcing their rights to safe, healthy, and habitable housing. The selected consultant will provide legal representation, advocacy, and related services to low and moderate-income tenants experiencing housing conditions that violate state law or local housing ordinances.

The objectives of this program are to:

• Increase access to legal services for low- and moderate-income Minneapolis tenants facing unsafe or unhealthy housing conditions;

• Promote housing stability and fair housing opportunities for low- and moderate-income residents;

• Assist public assistance recipients and other vulnerable populations in maintaining stable housing, thereby supporting their ability to obtain and retain employment and other essential services;

• Address systemic housing issues through collaboration with the City and community partners.

The selected consultant shall provide legal representation and advocacy services to approximately 120 low- and moderate-income individuals and/or households annually and with a goal of achieving positive outcomes in approximately eighty percent (80%) of cases, as documented through the consultant's case management and reporting system.

Services shall include, but are not limited to:

• Providing legal advice, consultation, and representation to tenants seeking to compel landlords to make necessary repairs and correct housing code violations;

• Representing individual tenants and groups of tenants residing within the same property or building;

• Evaluating and pursuing available legal remedies under Minnesota landlord-tenant law, including, but not limited to:

o Tenant Remedies Actions pursuant to Minnesota Statute § 504B.395; and o Rent Escrow Actions pursuant to Minnesota Statute § 504B.385;

• Assisting tenants with other housing-related legal matters that support safe and stable housing outcomes, as appropriate;

• Collaborating with the City and designated community organizations to identify and address systemic housing issues, particularly those affecting low- and moderate-income Minneapolis households and residents receiving public assistance benefits.

Proposals shall include:

1. The estimated number of tenants to be served during the contract period;

2. The estimated number of Tenant Remedies Actions and Rent Escrow Actions anticipated to result from the proposed services;

3. A detailed outreach and engagement plan describing how tenants will become aware of the services, including strategies to ensure equitable access for populations disproportionately impacted by substandard housing conditions, particularly low- and moderate-income Minneapolis communities and other historically underserved communities;

4. A description of partnerships, referral networks, and community-based strategies that will support service delivery.

Reporting Requirements

The selected Consultant shall submit quarterly performance reports to the City. Reports may include, but are not limited to:

• Number of tenants served;

• Number and type of legal matters handled;

• Number of Tenant Remedies Actions and Rent Escrow Actions filed;

• Case outcomes and housing stabilization results;

• Type of housing repairs or code violations addressed;

• Demographic information, including race, ethnicity, gender, and income level of clients served;

• Geographic information, including tenant addresses or service areas;

• Landlord information, when applicable and permissible by law;

• Outreach activities conducted and populations reached; and

• Identification of systemic issues and recommendations for policy or program improvements.

The consultant shall also include in its annual report a summary of systemic issues identified during the contract period and any changes, recommendations, or collaborative efforts undertaken to address those issues.

ATTACHMENT B

PROPOSAL COVER SHEET

Organization Information

Name of Applicant Agency:

Agency address:

Agency Telephone:

Website:

Agency UEI # (Must have for Grant funded contract) (see https://sam.gov/content/duns-uei for more information and to obtain your UEI):

Contact Person Name and Title:

Contact Person Telephone:

Contact Person Email Address:

Total Amount Requested:

Proposal Checklist:

___ Attachment B – Completed Cover sheet ___ Attachment C – Project Narrative (maximum 10 pages) ___ Attachment D – Experience and Capacity Form ___ Attachment E – Anticipated Project Budget & Justification ___ Attachment F – References List Form ___ Financial documentation as required https://sam.gov/content/duns-uei

ATTACHMENT C

Project Narrative Questions

Minneapolis Tenant Legal Services Request for Proposals (RFP)

Proposers shall respond to the questions below in the order presented. Responses should be clear, concise, and sufficiently detailed to allow the City to evaluate the Proposer's qualifications, experience, and approach to providing tenant legal services. Attach additional pages as necessary.

1. Organizational Information

1. Provide the legal name of your organization and a brief history of the organization.

2. Describe your organization's mission and how it aligns with providing tenant legal services and housing stability support.

3. Identify the primary contact person for this proposal, including title, email address, and telephone number.

4. Describe your organization's experience serving Minneapolis residents and communities disproportionately impacted by housing instability and eviction.

2. Organizational Capacity and Experience

1. Describe your organization's experience providing tenant legal representation, legal advice, or eviction prevention services.

2. Describe your experience representing tenants in housing court matters, including eviction actions, habitability claims, subsidized housing matters, and other housing-related disputes.

3. Provide the number of years your organization has been providing these services and the approximate number of clients served annually.

4. Describe your experience administering government-funded contracts or grants of similar size and scope.

3. Proposed Scope of Services

1. Describe the tenant legal services your organization proposes to provide under this contract.

2. Explain how your organization will provide legal services to tenants facing eviction, housing discrimination, unsafe housing conditions, lease disputes, or other housing-related legal matters.

3. Describe how services will be made accessible to tenants, including intake procedures, language access services, and accommodations for individuals with disabilities.

4. Describe your proposed service delivery model, including in-person, virtual, and community-based services.

4. Staffing and Qualifications

1. Describe your proposed staffing plan for this project.

2. Identify key personnel who will provide services, including attorneys, paralegals, legal advocates, and support staff.

3. Describe the qualifications, experience, and expertise of key staff assigned to this project.

4. Describe your organization's plan for ensuring adequate staffing and continuity of services.

5. Community Engagement

1. Describe how your organization incorporates culturally-relevant practices into service delivery.

2. Explain how your organization will engage and build trust with historically underserved communities.

3. Describe partnerships with community organizations, housing providers, social service agencies, or other stakeholders that support tenant stability and access to legal services.

6. Performance Measures and Outcomes

1. Describe the methods your organization will use to measure program performance and outcomes.

2. Identify proposed performance measures and anticipated outcomes, such as:

o Number of tenants served;

o Number of legal consultations provided;

o Number of tenants represented in court;

o Number of evictions prevented;

o Housing stabilization outcomes; and o Client satisfaction measures.

3. Describe your organization's data collection and reporting capabilities.

7. Project Management and Implementation

1. Describe your plan for implementing services upon contract execution.

2. Provide an anticipated timeline for program start-up and service delivery.

3. Describe any anticipated challenges and how your organization will mitigate them.

8. Additional Information

Provide any additional information that demonstrates your organization's qualifications, experience, or ability to successfully provide tenant legal services for the City of Minneapolis.

ATTACHMENT D

Experience and Capacity Form

Please complete and submit this form with the rest of the RFP application materials (this form does not count towards the 10-page limit for the Project Narrative). The applicant is a team that includes partners or subconsultants from more than one organization, please complete this form looking at the total skills and capacity of the team, not just the applicant agency.

Experience and Capacity

Name of Applicant Agency:

Name of Applicant Partners/Subconsultants (if applicable)

Legal Housing and Public Assistance Expertise Describe your organization’s experience with:

• Renters’ rights and protections

• Issues that relate to protecting, promoting, and providing fair housing opportunities to public assistance recipients Resident Assessment and Program Matching

• What tools or processes do you use to assess renters’ needs (housing conditions, income, etc.)?

Case Tracking Do you use a customer relations management (CRM) system or case tracking system?

Yes No

If yes:

• System name(s) or short description: ____________________

• How does your system support:

o Client intake o Tracking housing litigation cases for clients o Follow-through to resolution of issue

Case Management Capacity

• Describe your case management approach and practices.

• What tools or software do you use for case management?

Language Capacity

• In addition to English, what languages can your staff speak and write fluently?

Spanish Somali Hmong

Other (please specify):

Community Relationships

• Describe your existing relationships with:

o Community-based organizations o Neighborhood groups o Organizations in Green Zones or Environmental Justice areas

Navigation Services Experience

• Describe your experience providing navigation or similar services (e.g. helping residents access programs, resources, or services).

Team Capacity and Partnerships

• Describe your team’s size and structure

• Do you partner with other organizations to deliver services?

Yes No o If yes, list partners and roles

• How does your team ensure capacity to deliver services?

Additional Information

• Please share anything else that demonstrates your ability to successfully deliver these services.

ATTACHMENT E

Anticipated Project Budget & Justification

Budget

The City anticipates awarding one contract depending on the scope of services proposed, geographic reach, and demonstrated organizational capacity.

Eligible Expenses

Eligible expenses may include, but are not limited to:

• Personnel costs, including salaries and benefits for attorneys, paralegals, legal advocates, and administrative staff directly supporting the program.

• Contracted professional services necessary to provide tenant legal services.

• Outreach and community engagement activities, including educational materials and tenant outreach efforts.

• Translation, interpretation, and accessibility services.

• Office supplies, printing, postage, and materials necessary to deliver legal services.

• Technology, software, and equipment directly supporting service delivery and case management.

• Space and facility costs necessary to provide tenant legal services.

• Training and professional development related to housing law, tenant advocacy, and culturally responsive service delivery.

• Administrative and indirect costs reasonably allocated to the project.

Ineligible Expenses

The following expenses are not eligible:

• Lobbying activities directed toward City of Minneapolis elected officials or other elected officials.

• Costs incurred before contract execution or after contract expiration.

• Expenses unrelated to the delivery of tenant legal services under this RFP.

• Capital expenditures or major facility improvements not directly related to the provision of services.

• Any activity that does not further the goals of increasing access to tenant legal services, promoting housing stability, and supporting Minneapolis residents facing housing-related legal issues.

All costs must be fully documented and accounted for by the Proposer. Organizations must provide the City with itemized invoices identifying staff time, hourly rates, direct expenses, and any other reimbursable costs. Any purchases necessary to deliver services under this contract shall be included in the proposed budget and billed in accordance with the rates submitted in response to this RFP.

5.1 Budget Summary

Provide a line-item budget for the proposed services, including, as applicable:

• Personnel salaries and benefits;

• Attorney, paralegal, and legal advocate costs;

• Contracted professional services;

• Outreach and community engagement expenses;

• Translation, interpretation, and accessibility supports;

• Technology, software, equipment, and office expenses;

• Space and facility costs;

• Administrative and indirect costs.

5.2 Budget Narrative & Justification

Explain how your proposed budget aligns with the scope of work and supports the delivery of high-quality, equitable, and culturally responsive tenant legal services. Describe how funds will be used to support staffing, outreach, accessibility, and service delivery, and explain how personnel performing services under this contract will be fairly compensated.

(300 words maximum)

5.3 Cost Effectiveness & Program Sustainability

Describe how your proposed budget represents a cost-effective approach to delivering tenant legal services and how the proposed funding level will support program implementation and desired outcomes. Include any strategies for leveraging other funding sources, partnerships, or resources to maximize the impact and sustainability of services.

(200 words maximum)

(Sample budget template provided)

Project budget

Budget (template below) - Please include a proposed budget for how the money requested will be used to complete the project. Administrative fees cannot exceed 15% of direct project costs.

Budget Item Description Amount

Subtotal of direct costs Administrative costs (not to exceed 15% of direct costs)

TOTAL

ATTACHMENT F

REFERENCE FORM

Reference 1:

Organization Name:

Contact Name & Title:

Email:

Phone:

Brief description of services provided:

Reference 2:

Organization Name:

Contact Name & Title:

Email:

Phone:

Brief description of services provided:

Reference 3:

Organization Name:

Contact Name & Title:

Email:

Phone:

Brief description of services provided:

ATTACHMENT G

City of Minneapolis Terms and Conditions for Professional Services Contracts Over $175,000 (Revised: May 6, 2026)

The General Conditions are terms and conditions that the City expects its Consultants and Consultants (“Consultant”) to meet. The Consultant agrees to be bound by these requirements unless otherwise noted in any Proposal to which these terms are attached. Some negotiation is possible to accommodate the Consultant’s suggestions.

1. General Compliance The Consultant agrees to comply with all applicable Federal, State and local laws and regulations governing the services performed and funds provided under the Contract.

2. Equal Opportunity Statement The Consultant agrees to comply with applicable provisions of federal, state and city regulations, statutes and ordinances pertaining to the civil rights of and non-discrimination in the application for and employment of applicants, employees, subconsultants and suppliers of the Consultant. The federal, state and city statutes and ordinances to which the Consultant shall be subject under the terms of this Contract include, without limitation, Minnesota Statutes, Section 181.59 and Chapter 363A, Minneapolis Code of Ordinances Chapter 139, 42 U.S.C. Section 2000e, et. seq. (Title VII of the Civil Rights Act of 1964), 29 U.S.C. Sections 621-624 (the Age Discrimination in Employment Act), 42 U.S.C. Sections 12101-12213 (the Americans with Disability Act), 29 U.S.C. Section 206(d) (the Equal Pay Act), 8 U.S.C. Section 1324 (the Immigration Reform and Control Act of 1986), and all regulations and policies promulgated to enforce these laws. The Consultant shall have submitted and had an “affirmative action plan” approved by the City prior to entering into a Contract.

3. Anti-Discrimination Statement The Consultant agrees to comply with applicable provisions of federal, state and city regulations, statutes and ordinances pertaining to the civil rights and non-discrimination in any provision of services to the public contracted for under this Contract, such that the contracted services are provided to the public without discrimination based on race, color, creed, religion, ancestry, national origin, sex, sexual orientation, familial status, gender identity, disability, age, marital status, status with regard to a public assistance program, housing status, justice-impacted status, height and weight, or any combination thereof.

4. Compliance with Web Content Accessibility Guidelines The Consultant agrees that web content and mobile applications created pursuant to this Contract shall be compliant with the requirements and standards of the Americans with Disabilities Act and the Web Content Accessibility Guidelines Version 2.1, Level AA unless a legal exception or exemption applies.

5. Insurance Insurance secured by the Consultant shall be issued by insurance companies acceptable to the City and admitted in Minnesota. The insurance specified may be in a policy or policies of insurance, primary or excess. Such insurance shall be in force on the date of execution of the Contract and shall remain continuously in force for the duration of the Contract.

Acceptance of the insurance by the City shall not relieve, limit or decrease the liability of the Consultant. Any policy deductibles or retention shall be the responsibility of the Consultant. The City does not represent that the insurance requirements are sufficient to protect the Consultant’s interests or provide adequate coverage. Evidence of coverage is to be provided on a current ACORD Form, Insurance Declaration. A thirty

(30) day written notice is required if the policy is canceled, not renewed or materially changed. The Consultant shall require any of its sub-consultants, if sub-contracting is allowable under this Contract, to comply with these provisions.

The Consultant and its subconsultants shall secure and maintain the following insurance:

a) Workers’ Compensation insurance that meets the statutory obligations with

Coverage B- Employers Liability limits of at least $100,000 each accident, $500,000 disease - policy limit and $100,000 disease each employee.

b) Commercial General Liability insurance with limits of at least $2,000,000 general aggregate, $2,000,000 products - completed operations $2,000,000 personal and advertising injury, $300,000 each occurrence fire damage and $5,000 medical expense any one person. The policy shall be on an “occurrence” basis, shall include contractual liability coverage and the City shall be named an additional insured. The amount of coverage will be automatically increased if the project amount is expected to exceed $2,000,000 or involves potentially high-risk activity.

c) Commercial Automobile Liability insurance covering all owned, non-owned and hired automobiles with limits of at least $1,000,000 per accident.

d) Professional Liability Insurance or Errors & Omissions Insurance providing coverage for 1) the claims that arise from the errors or omissions of the Consultant or its subconsultants and 2) the negligence or failure to render a professional service by the Consultant or its subconsultants. The insurance policy should provide coverage in the amount of $2,000,000 each claim and $2,000,000 annual aggregate. The insurance policy must provide the protection stated for two years after the expiration of the contract.

e) Cyber Liability for the duration of this agreement providing coverage for, but not limited to, Technology and Internet Errors & Omissions, Security and Privacy Liability, and Media Liability. Insurance will provide coverage against claims that arise from the disclosure of not public information from files including but not limited to: 1) Intentional, fraudulent or criminal acts of the Consultant, its agents or employees. 2) Breach of the City’s not public data, whether electronic or otherwise. The insurance policy should provide minimum coverage in the amount of $1,000,000 per occurrence and $2,000,000 annual aggregate. If written on a Claims-Made basis, the policy must provide an extended reporting period and have a retroactive date that on or before the date of this Contract or the date Consultant commences work, whichever is earlier.

6. Indemnity and Hold Harmless The Consultant will defend, indemnify and hold harmless the City and its officers and employees from all liabilities, claims, damages, costs, judgments, lawsuits and expenses, including court costs and reasonable attorney’s fees regardless of the Consultant’s insurance coverage, arising directly from any negligent act or omission of the Consultant, its employees, agents, by any sub-consultant or sub-consultant, and by any employees of the sub-consultants and sub-consultants of the Consultant, in the performance of work and delivery of services provided by or through this Contract or by reason of the failure of the Consultant to perform, in any respect, any of its obligations under this Contract. If a Consultant is a self-insured agency of the State of Minnesota, the terms and conditions of Minnesota Statutes, section 3.732 et seq. shall apply with respect to liability bonding, insurance, and liability limits. The provisions of Minnesota Statutes, Chapter 466 shall apply to other political subdivisions of the State of Minnesota.

Where the Services provided by the Consultant to the City are “design professional services” as described in Minnesota Statutes, Section 604.21, then, the Consultant will not be obligated to defend the City as required above.

7. Subcontracting

The Consultant shall not sub-consult or sub-contract any services under this Contract unless authorized in writing by the City. The Consultant shall provide written notice to the City and obtain the City’s authorization to sub-contract any work or services to be provided to the City pursuant to this Contract. As required by Minnesota Statutes, Section 471.425, the Consultant shall pay all subconsultants for subconsultant’s undisputed, completed work, within ten (10) days after the Consultant has received payment from the City.

8. Assignment or Transfer of Interest

The Consultant shall not assign any interest in the Contract, and shall not transfer any interest in the same either by assignment or novation, without the prior written approval of the City which will not be withheld or delayed unreasonably.

9. Performance Monitoring The City will monitor the performance of the Consultant against goals and performance standards required herein. Substandard performance as determined by the City will constitute non-compliance with this Contract. If action to correct such substandard performance is not taken by the Consultant within a reasonable period of time to cure such substandard performance after being notified by the City, contract termination procedures will be initiated. All work submitted by Consultant shall be subject to the approval and acceptance by the City Department Contract Manager designated herein. The City Department Contract Manager designated herein shall review each portion of the work when certified as complete and submitted by the Consultant and shall inform the Consultant of any apparent deficiencies, defects, or incomplete work, at any stage of the project.

10. Prior Uncured Defaults

Pursuant to Section 18.110 of the City’s Code of Ordinances, the City may not contract with persons or entities that have defaulted under a previous contract or agreement with the City and have failed to cure the default.

11. Independent Consultant Nothing contained in this Contract is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties.

The Consultant shall at all times remain an independent Consultant with respect to the work and/or services to be performed under this Contract. Any and all employees of Consultant or other persons engaged in the performance of any work or services required by Consultant under this Contract shall be considered employees or subconsultants of the Consultant only and not of the City; and any and all claims that might arise, including Worker’s Compensation claims under the Worker’s Compensation Act of the State of Minnesota or any other state, by or on behalf of said employees or other persons while so engaged in any of the work or services to be rendered or provided herein, shall be the sole obligation and responsibility of the Consultant.

12. Accounting Standards The Consultant agrees to maintain the necessary source documentation and enforce sufficient internal controls as dictated by generally accepted accounting practices (GAAP) to properly account for expenses incurred under this Contract.

13. Retention of Records

Pursuant to Minnesota Statutes, Section 138.17 and Section 15.17, the Consultant shall retain all records pertinent to expenditures incurred under this Contract in a legible form for a period of six years commencing after the later of contract close-out or resolution of all audit findings. Records for non-expendable property acquired with funds under this Contract shall be retained for six years after final disposition of such property.

14. Audit Requirements for Cloud-Based Storage of City Data

If the Consultant’s services include the storage of City data using a cloud-based solution, then the Consultant agrees to secure the data as though it were “private data” as defined in Minnesota Statutes, Chapter 13. The Consultant shall provide the City with the annual copy of the Federal Standards for the Statement on Standards for Attestation Engagements (SSAE) No. 18 or the International Standard on Assurance Engagements (ISAE) No. 3402. The Consultant agrees to provide a .pdf copy to the City’s Contract Manager, upon the Consultant’s receipt of the audit results.

15. Data Practices The Consultant agrees to comply with the Minnesota Government Data Practices Act (Minnesota Statutes, Chapter 13) and all other applicable state and federal laws relating to data privacy or confidentiality. The requirements of Minnesota Statutes, Section 13.05, subdivision 11 apply to companies or individuals who perform under a government contract. The Consultant and any of the Consultant’s sub-consultants or sub-consultants retained to provide services under this Contract shall comply with the Act and be subject to penalties for non- compliance as though they were a “governmental entity.” The Consultant must immediately report to the City any requests from third parties for information relating to this Contract. The City agrees to promptly respond to inquiries from the Consultant concerning data requests. The Consultant agrees to hold the City, its officers, and its employees harmless from any claims resulting from the Consultant’s unlawful disclosure or use of data protected under state and federal laws. The Consultant’s duty to comply with Minn. Stat. Chap. 13 and all other applicable federal and state laws relating to the protection of data will continue past the expiration of this contract. The requirements of this paragraph shall apply regardless of the location of the data.

16. Cardholder Data and Security Standards Should the Consultant collect revenue on behalf of the City through the acceptance of credit cards offered by cardholders to pay for services offered under the terms of this Contract, then Consultant represents and acknowledges that the Consultant will comply with Payment Card Industry (PCI) regulatory standards including the Data Security Standards (DSS). Consultant represents that it will protect cardholder data.

Consultant will be annually certified as a PCI compliant service provider and agrees to provide evidence of said certification to the City upon request. Consultant agrees at reasonable times to provide to the City or to its assigns, the audit rights contained herein for all physical locations, systems or networks that process credit cards on behalf of the City. Consultant also agrees to provide written notice to the City of any breach of a system owned, operated or maintained by the Consultant that contains cardholder data or information.

17. Inspection of Records

Pursuant to Minnesota Statutes, Section 16C.05, all books, records, documents and accounting procedures and practices of the Consultant with respect to the matters covered by this Contract shall be made available to the City and the State of Minnesota, Office of the State Auditor or Legislative Auditor, as appropriate, or their designees upon notice, at any time during normal business hours, as often as the City deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data.

18. Living Wage Ordinance

The Consultant may be required to comply with the “Minneapolis Living Wage and Responsible Public Spending Ordinance” Chapter 38 of the City’s Code of Ordinances (the “Ordinance”). Unless otherwise exempt from the ordinance as provided in Section

38.40 (c), any City contract for services valued at $100,000 or more or any City https://library.municode.com/mn/minneapolis/codes/code_of_ordinances?nodeId=COOR_TIT2AD_CH38LIWAREPUSPRE https://library.municode.com/mn/minneapolis/codes/code_of_ordinances?nodeId=COOR_TIT2AD_CH38LIWAREPUSPRE https://library.municode.com/mn/minneapolis/codes/code_of_ordinances?nodeId=COOR_TIT2AD_CH38LIWAREPUSPRE financial assistance or subsidy valued at $100,000 or more will be subject to the Ordinance’s requirement that the Consultant and its subconsultants pay their employees a “living wage” as defined and provided for in the Ordinance.

19. Displaced Contract Service Workers If Consultant’s contract requires the services of fifteen or more employees, includes a subconsultant, and involves the provision of janitorial or security service work, Consultant must comply with the Minneapolis Code of Ordinances, Chapter 39, “The Protection of Displaced Contract Service Workers Ordinance” (the “Ordinance”).

Section 39.30 and Section 39.40 of the Ordinance generally require the successor Consultant to retain employees of the previous Consultant for a 90-calendar day transition period. If the performance of one or more of the retained employees is determined by the successor Consultant to be satisfactory, the successor Consultant shall offer each transition employee continued employment under the terms and conditions of the successor Consultant.

20. Prevailing Wage Ordinance If this Contract involves the construction, alteration and/or repair, including painting, decorating, sodding and landscaping of public buildings, or similar public works of the City which requires or involves the employment of mechanics and/or laborers, then all federal labor standards and prevailing wage provisions applicable to federal contracts in accordance with the federal Davis-Bacon Act and related federal regulations except as noted in section 24.240 of the Minneapolis Code of Ordinances are applicable to this Contract as if fully set forth herein and all consultants and subconsultants shall fully comply with such provisions regardless of any contractual relationship which may be alleged to exist between the Consultant or subconsultant and their employees.

Compliance with the City of Minneapolis Prevailing Wage Ordinance, sections 24.200 through 24.265 of the Minneapolis Code of Ordinances, is required as a material term of this Contract and all such provisions are expressly incorporated by reference herein.

21. Applicable Law The laws of the State of Minnesota shall govern all interpretations of this Contract without regard to conflict of law rules, and the appropriate venue and jurisdiction for any litigation which may arise hereunder will be in those courts located within the County of Hennepin, State of Minnesota, regardless of the place of business, residence or incorporation of the Consultant.

22. Conflict and Priority If the Contract was awarded by RFP and in the event that a conflict is found between provisions in this Contract, the Consultant’s Proposal or the City’s Request for Proposals, the provisions in the following rank order shall take precedence: 1) Contract;

2) Proposal; and last 3) Request for Proposals.

23. Travel

If travel by the Consultant is allowable and approved for this Contract, then Consultant travel expenses shall be reimbursed in accordance with the City’s Consultant Travel https://library.municode.com/mn/minneapolis/codes/code_of_ordinances?nodeId=COOR_TIT2AD_CH39DICOSEWO https://library.municode.com/mn/minneapolis/codes/code_of_ordinances?nodeId=COOR_TIT2AD_CH39DICOSEWO https://library.municode.com/mn/minneapolis/codes/code_of_ordinances?nodeId=COOR_TIT2AD_CH39DICOSEWO https://library.municode.com/mn/minneapolis/codes/code_of_ordinances?nodeId=COOR_TIT2AD_CH24PUWO_ARTIVCO_24.240PASCSUSTPARE https://library.municode.com/mn/minneapolis/codes/code_of_ordinances?nodeId=COOR_TIT2AD_CH24PUWO_ARTIVCO https://www2.minneapolismn.gov/media/content-assets/www2-documents/government/ContractorTravelReimbursementConditions(City-paidTravelbyNon-Employees).pdf

Reimbursement Conditions.

24. Conflict of Interest/Code of Ethics Pursuant to Section 15.250 of the City’s Code of Ordinances, both the City and the Consultant are required to comply with the City’s Code of Ethics. Chapter 15 of the Code of Ordinances requires City officials and the Consultant to avoid any situation that may give rise to a “conflict of interest.” A “conflict of interest” will arise if Consultant represents any other party or other client whose interests are adverse to the interests of the City.

As it applies to the Consultant, the City’s Code of Ethics will also apply to the Consultant in its role as an “interested person” since Consultant has a direct financial interest in this Agreement. The City’s Code of Ethics prevents “interested persons” from giving certain gifts to employees and elected officials.

25. Termination, Default and Remedies

The City may terminate this Contract for any reason without cause upon thirty (30) days’ written notice. Both the City and the Consultant may terminate this Contract if either party fails to fulfill its obligations under the Contract in a proper and timely manner, or otherwise violates the terms of this Contract. The non-defaulting party shall have the right to terminate this Contract, if the default has not been cured after ten (10) days’ written notice or such other reasonable time period to cure the default has been provided. The City reserves the right to terminate this Contract without penalty, effective immediately, if circumstances arise which prevent the City from commencing or continuing the Contract, or if it is determined that the City was fraudulently induced to enter into the Contract. In such a situation, the City will issue a written notice to “stop work” and demand the Consultant mitigate any Contract-related expenses.

If termination shall be without cause, the City shall pay Consultant all compensation earned to the date of termination. If the termination shall be for breach of this Contract by Consultant, the City shall pay Consultant all compensation earned prior to the date of termination minus any damages and costs incurred by the City as a result of the breach

Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City as a result of any breach of this Contract by the Consultant. The City may, in such event, withhold payments due to the Consultant for the purpose of set-off until such time as the exact amount of damages due to the City is determined. The rights or remedies provided for herein shall not limit the City, in case of any default by the Consultant, from asserting any other right or remedy allowed by law, equity, or by statute. The Consultant has not waived any rights or defenses in seeking any amounts withheld by the City or any damages due the Consultant.

26. Ownership of Materials

Unless otherwise expressly provided by the Contract, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports or other https://www2.minneapolismn.gov/media/content-assets/www2-documents/government/ContractorTravelReimbursementConditions(City-paidTravelbyNon-Employees).pdf https://www2.minneapolismn.gov/media/content-assets/www2-documents/government/ContractorTravelReimbursementConditions(City-paidTravelbyNon-Employees).pdf materials resulting from this Contract, including summaries of data and derived data, shall become the property of the City upon the City’s payment for and final approval of the final report or upon payment and request by the City at any time before then.

The City at its own risk, may use, extend, or enlarge any document produced under this Contract without the consent, permission of, or further compensation to the Consultant.

If the Contract is canceled or terminated, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports or other materials prepared by the Consultant under this Contract shall, at the option of the City, become the property of the City, and the Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination.

27. Intellectual Property All Work produced by the Consultant under this Contract is classified as “work for hire” and upon payment by the City to the Consultant will be the exclusive property of the City and will be surrendered upon demand to the City immediately upon completion,…