2026_62_RFP_FPS_MPD_Facility_Assessment_FINAL_8.6.26.pdf

Request for Proposals

City of Minneapolis Office of Community Safety and the Finance and Property Services Department

Consultant Services for the

Minneapolis Police Department Functional Facilities, Space Needs and Condition Assessment RFP 2026-62 / Event # 0000004258 Issue Date: August 6, 2026

Proposals Due: September 3, 2026 at 2:00 PM (Minneapolis Time)

To whom it may concern

Attached is a Request for Proposal (RFP) from the Office of Community Safety and the Finance and Property Services Department for consulting services required for a Functional Facility, Space Needs, and Condition Assessment of Minneapolis Police Department Facilities. Please review the RFP and consider submitting a proposal if your firm meets the requirements.

Thank you for your consideration.

Sincerely, Paul Miller, Sr. Project Manager Finance and Property Services

Table of Contents

RFP General Information Page

I. Invitation II. Pre-Proposal Conference III. Proposal Due Date IV. Proposal Format V. Evaluation of Proposals – Consultant Selection VI. Project Schedule VII. Project Participants VIII. Contract IX. Department Contact/Requests for Clarification X. Rejection of Proposals XI. Addenda to the RFP XII. Data Practices XIII. Site Visit

Attachment A - Scope of Services Attachment B – Terms & Conditions for RFP Attachment C – Facility Index and Location Map Attachment D – Response Action Plan Attachment E – Wold Facility Assessment Attachment F – McKinstry Facility Condition Assessment Attachment G - Fee Worksheet

REQUEST FOR PROPOSALS

for

CONSULTING SERVICES

for the

MINNEAPOLIS POLICE DEPARTMENT

FUNCTIONAL FACILITIES, SPACE NEEDS and CONDITION ASSESSMENT

I. INVITATION: The City of Minneapolis (the City) Office of Community Safety (OCS) and the Finance and Property Services Department make this Request for Proposals (the RFP) in order to select a qualified consulting firm (the Consultant) for the Minneapolis Police Department (MPD) Functional Facilities, Space Needs, and Condition Assessment (the Project). The Project is generally described in “Attachment A - Scope of Services”, contained within this RFP, including descriptions of roles, responsibilities and relationship of the Consultant, the City, and other parties involved in the Project.

II. PRE-PROPOSAL CONFERENCE: A pre-proposal conference will be held in Minneapolis City Hall located at 350 S. 5th St., Room 143 at on Wednesday, August 19, 2026, at 10:00 AM. All potential Consultants are encouraged to attend this conference.

III. PROPOSAL SUBMITTAL: All proposals must be submitted electronically through the eSupplier

Portal. 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. If you are not already a city supplier, click on the eSupplier link below and then click on the “Bidder/Payee Registration” tile to register. If you need further assistance with eSupplier, please send an email to eprocurement@minneapolismn.gov.

eSupplier Portal – Electronic Proposal Submission htps://comet-fs.ci.minneapolis.mn.us/psc/supplier

NOTE: Late Proposals will not be accepted.

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 Section V –

“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. Executive Summary: The Executive Summary should include a clear statement of the

Consultant’s understanding of the RFP, including a brief summary of the Scope of Work.

Include, at a minimum, an outline of the contents of the proposal, an identification of the proposed project team, a description of the responsibilities of the project team, and a mailto:eprocurement@minneapolismn.gov https://comet-fs.ci.minneapolis.mn.us/psc/supplier summary of the proposed services.

2. Scope of Services: Based upon “Attachment A - Scope of Services”, the Consultant shall describe their understanding of the Project, and their approach to providing a Func�onal Facili�es, Space Needs, and Condi�on Assessment of 16 MPD facili�es (see Atachment C

– Facility Index and Loca�on Map). Include a detailed description of the Consultant services to be provided with a listing of tasks, deliverables, and proposed schedule.

3. Previous Similar Experience: Consultants shall demonstrate experience with community safety and law enforcement facili�es and include examples of similar projects for which the proposing Consultant has provided assessment and analysis. The Consultant shall provide documentation that demonstrates experience relevant to the information provided in “Attachment A - Scope of Services” included in this RFP.

4. Experience and Capacity: Describe background and related experience of the Consultant and key team members, demonstrating availability and ability to provide required services.

Indicate if company expansion is required to provide service.

5. References: List of references from contracts similar in size and scope.

6. Personnel: This section shall include resumes of all proposed Consultant team members and indicate the number of staff available within the Consultant and/or sub-consultant's firm, for work on the Project. The resumes should identify discipline, level of expertise, years of experience in areas of specialty and any direct work experience on the projects listed in “Section 3, Previous Similar Experience”, above.

7. Use of Sub-Consultants: It is an�cipated that the Consultant team will be an interdisciplinary team. This section shall provide a list of sub-consultants for which the Consultant may utilize on the Project. Include clear indication of previous associations with those sub- consultants as well as the sub-consultant's experience and their intended participation and the sub-consultant's commitments to assume responsibility for their performance.

8. Financial responsibility and capacity of company: Include whether the company, any affiliates, subsidiaries, officers or directors have filed for federal bankruptcy protection within seven years of the date of this RFP.

9. Cost/Fees: This section shall provide a detailed breakdown of the cost of services anticipated to perform the work as described herein and as outlined in the “Attachment A - Scope of Services”. Each phase of services shall be priced separately and should include hourly rates, reimbursable expenses, and a detailed explanation of cost determination. Specifically, the proposing Consultant firm shall identify (as a base fee) those costs related to providing basic services. Identify anticipated Reimbursables and include them in the total fee. Consultants shall complete the attached “Fee Worksheet” (Attachment E). The cost of services shall include an hourly rate schedule. Total fee for the costs of services will be on a lump sum, not-to- exceed basis.

V. EVALUATION OF PROPOSALS – SELECTION OF Consultant: Proposals will be reviewed by an Evaluation Panel made up of representatives of the City of Minneapolis, Office of Community Safety (OCS), Finance and Property Services Department, the Minneapolis Police Department (MPD), and other City Departments, staff or stakeholders as deemed necessary. The Evaluation Panel may select a "short list" of qualified Consultants who will be formally interviewed as part of the final selection process. Evaluations will be based on the required criteria listed in Section IV “PROPOSAL FORMAT”, and the following:

A. Quality, thoroughness, and clarity of proposal.

B. How well the scope of services offered meets the Project objectives.

C. Similar past experiences that align with the Project objectives and demonstrate the ability to provide objec�ve, unbiased analysis and recommenda�ons.

D. Qualifications and experience of staff (includes review of references).

E. Organizational and Management approach and involvement for a successful project.

F. Financial responsibility and capacity of the Consultant.

G. Cost of services proposed.

A formal Presentation/Interview will be requested of the “short list” Consultants. Specifically, the City requests that the Consultant’s Project Manager assigned to the proposed project team lead the Presentation and that actual members of the project team (including key sub-consultants) participate in the formal presentation/interview.

The Presentation/Interview of the “short listed” Consultants will consist of the following elements:

1. Discussion of the Consultant’s approach to providing professional services for this Project based upon “Attachment A - Scope of Services”.

2. Discussion of the Consultant’s understanding and approach to meeting the desired objectives of the City for the Project

3. Overview of the Consultant’s experience related to the Scope of Services. This shall include any directly related experience and related facility assessment experience of any sub-consultants.

4. Questions & Answers: A portion of the Presentation/Interview will be dedicated to questions and answers; a formal list of questions covering a variety of Project-related issues will be prepared and made available to each Consultant just prior to the Presentation/Interviews. The Consultant will be expected to respond to each of the questions, and possible follow-up questions that the evaluation panel may have.

The evaluation panel will schedule and arrange for the presentations, following which the panel will evaluate the presentations and provide their recommendation of the selected Consultant to the proper City Council Committee(s) and full City Council for its consideration.

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

RFP Release August 6, 2026 Pre-Proposal Conference 10:00am on August 19, 2026 Questions on RFP Due by 4:00pm on August 21, 2026 Responses to Questions posted by 4:00pm August 26, 2026 Proposals due by 2:00pm September 3, 2026 Estimated Consultant selection October 2026 Estimated services start date November 2026 Estimated services end date February 2027

VII. PROJECT PARTICIPANTS: The Consultant's primary interface with the City will be with the City’s Project Manager who will act as the City’s designated representative for the Project. The City, at its discretion, may separately perform portions of the Project. The Consultant shall not assume any reduction in services based on work that the City self performs.

The City may contract with, independent of the Consultant Agreement, other consulting firms and contractors as deemed necessary to complete the Project. The Consultant shall be expected to coordinate and cooperate with all Project team members.

VIII. 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 the duration of the Project. The term of the contract shall be for one (1) year, however the assessment must be completed and all deliverables provided to the Project Manager within 60 working days from the date of the No�ce to Proceed.

IX. DEPARTMENT CONTACT/REQUESTS FOR CLARIFICATION: Prospective Consultant’s shall direct inquiries/questions in writing only to the Consultant’s primary interface with the City during the

RFP:

Paul Miller, Sr. Project Manager Department of Finance & Property Services 350 5th Street South, Room 108 Minneapolis, MN 55415 paul.miller@minneapolismn.gov

Responses to the Questions will be posted as an addendum to the current event in the eSupplier mailto:paul.miller@minneapolismn.gov

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.

Consultants are prohibited from interviewing City staff or other visitors in any effort to obtain information relating to this RFP. All requests for clarification should be submitted in writing as outlined in this RFP. Failure to follow this prohibition could result in the rejection of the proposal.

X. 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.

XI. ADDENDUM TO THE RFP: If any addendum is issued for this 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.

XII. 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).

XIII. SITE VISITS AND CONTACTS: Prior to selec�on, Consultants may not access the facilities or communicate with OCS or MPD staff for any purpose related to this RFP.

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.

ATTACHMENT A

SCOPE OF SERVICES

PROJECT OVERVIEW

The City of Minneapolis, the Office of Community Safety (OCS) and the Minneapolis Police Department (MPD) are committed to supporting its employees and maintaining a healthy and effective police force that provides high-quality public safety services to all Minneapolis communities. As part of that commitment, the City must provide officers and staff with functional, safe, and operationally effective workspaces that meet current standards and support employee wellness needs. To support that goal, it is the intention of the City, OCS and MPD to provide for a comprehensive assessment of Functional Space Needs and Condition of all MPD facilities that supports development of a long-term implementation plan, including timelines and prioritization for facility repair, rehabilitation, replacement, and future investment.

BACKGROUND

In July of 2023, the City of Minneapolis and MPD became subject to a court-enforceable settlement agreement with the State of Minnesota Department of Human Rights. The complete MDHR Settlement Agreement can be found on the City’s public website at the following:

https://www.minneapolismn.gov/resident-services/public-safety/police-public-safety/investigations-settlement-agreement/court-enforceable-settlement-agreement/overview/settlement-document/.

The Settlement Agreement provided for implementing certain requirements to achieve a healthy and effective police force, including the requirement for a comprehensive facilities assessment and response action plan, ensuring that all Minneapolis Police Department (MPD) employees have safe, secure, equitable facilities and physical working environments. Specifically, the requirements for facility assessments and future periodic assessments are included in “Part 8: Officer Support and Wellness, Sections 246 – 252”.

To comply with the requirements of Section 247 of the Settlement Agreement, the MPD and the Department of Finance & Property Services engaged the services of various consulting firms on a series of facility assessments encompassing vital aspects of its operations. The purpose was to evaluate current facility functionality and facility condition, identify deficiencies, determine future space and operational needs, and assess any additional facility needs that are required to support MPD operations and employee wellness. The results of the assessments were used to develop a response action plan to address the identified issues, following which in 2024, Property Services began the process of implementing the plan, by resolving issues, performing required maintenance, and undertaking various renovations and construction projects at multiple MPD facilities.

In addition to the original facility assessments, the City and the MPD are required to perform internal assessments on an annual basis and per the requirements of Section 250 of the Settlement Agreement develop a schedule and perform future periodic MPD-wide facility assessments. Consequently, it is the https://www.minneapolismn.gov/resident-services/public-safety/police-public-safety/investigations-settlement-agreement/court-enforceable-settlement-agreement/overview/settlement-document/ https://www.minneapolismn.gov/resident-services/public-safety/police-public-safety/investigations-settlement-agreement/court-enforceable-settlement-agreement/overview/settlement-document/ intent of this Project to conduct the first in the series of recurring functional facility, space needs and condition assessments of all MPD Facilities.

EXISTING FACILITIES

The MPD operates out of 16 facilities located across the City (see Attachment C – Facility Index and Location Map), including five (5) Police Precincts and numerous supporting operations.

Basic floor plans of the existing facilities will be provided to the selected Consultant upon execution of the contract. The Consultant shall verify that these documents accurately reflect existing conditions and shall document discrepancies identified during the assessment process.

PROJECT TEAM

The Project Team shall consist of the following: the City’s Project Manager, the Consultant (and any sub- Consultants), and User Workgroups that will be comprised of representatives from the Department of Finance and Property Services, the Office of Community Safety and the Minneapolis Police Department.

The Consultant shall be expected to coordinate and cooperate with the User Workgroups and all Project Team members throughout the Project.

SCHEDULE

The assessment must be completed and all deliverables provided to the Project Manager within 60 working days from the date of the Notice to Proceed.

PROJECT GOALS & OBJECTIVES

It is the overall goal of this Project to continue compliance with the terms of the Settlement Agreement by providing for implementation of certain requirements to achieve a healthy and effective police force that engages in non-discriminatory policing, including a facilities assessment to identify issues and deficiencies, to determine what repairs and additional facilities are required and develop a plan identifying items that must be completed so that MPD employees have the necessary facilities, supports needed, and physical working environments that are safe, secure, and equitable.

The objectives for this Project are to:

• Assess the capabilities and limitations of existing MPD facilities

• Determine existing facilities physical and operational condition.

• Determine if the existing facilities and sites can meet the current operational needs of the MPD and

OCS.

• Assist in the development of an implementation plan for facility operations, maintenance, repairs, rehabilitations, renovations, replacements, and future capital investments.

PROJECT DESCRIPTION & SCOPE OF WORK

This project provides for a comprehensive functional facility/space needs assessment and a facility condition assessment of all MPD facilities to identify functional and spatial deficiencies.

Key Phases of the Scope of Work include:

1. Review original assessments and the resulting response action plan and validate implementation at each facility

2. Conduct/Update functional facility/space needs assessments at each facility

3. Conduct/Update condition assessments at each facility.

4. Make recommendations for continued development of the long-term implementation plan, including timelines and prioritization for facility operations, maintenance, repair, rehabilitation, renovations, replacement, and future capital investment.

PHASE #1: REVIEW ORIGINAL ASSESSMENTS

The Consultant shall review the previous assessments performed by Wold Architects and McKinstry and the subsequent Response Action Plan (refer to Attachments D, E, and F) and validate/confirm implementation progress in order to establish a baseline starting point for the Facility Assessments required by the Project.

Note to the Consultant: The City utilizes an established facility tracking model and database that will be shared with the Consultant. The data collected by the assessments must be performed and delivered so that the data generated can be integrated into the City’s existing facility tracking model and database.

The Consultant will be provided the previously gathered data for use in this Project.

PHASE #2A: FUNCTIONAL FACILITY and SPACE NEEDS ASSESSMENT The Consultant will conduct a comprehensive functional facility/space needs assessment of all MPD facilities to identify functional and spatial deficiencies. City staff will provide information regarding the current and projected uses of each facility and provide maintenance records and other details for the background of the facilities.

Required services shall include, but not limited to:

• Gather relevant information using existing facilities documents, site visits, employee interviews and surveys, observations, and evaluations.

• Identify spatial deficiencies and surpluses relative to each MPD facilities location

• Assess and identify whether each of the buildings are serving their intended role, and if they are under or over-utilized in their current capacity.

• Solicit pertinent feedback from MPD employees through surveys and interviews.

• Obtain and review existing diagrams, documents and data for the facilities to include current and projected uses; current, authorized and future staffing; maintenance and relevant condition information; and existing space allocations.

• Gather and document pertinent information, through facilities photographs, site visits and inspections, solicited feedback, utilization surveys, observations, and evaluations.

• Evaluate the functionality, operational needs, safety, security, and equitability of the facilities identified in Attachment C (Facility Index and Location Map) which shall include ascertaining each facility’s ability to serve MPD’s functional and spatial needs for the assigned work as well as accommodating the appropriate number of MPD employees.

PHASE #2B: FACILITY CONDITIONS ASSESSMENT (FCA)

The Consultant shall complete a comprehensive facility condition assessment (FCA) of all MPD facilities identified in Attachment C (Facility Index and Location Map). The Consultant shall inspect all identified facilities to produce an accurate analysis that identifies all components and elements requiring maintenance, repair and/or major capital investment. The Consultant will thoroughly examine building functionality using non-destructive, on-site observations to compile the information. Consultant will ensure that the inspection staff has the appropriate training and equipment to record and produce consistent and accurate data.

The FCA for each building shall include, but not be limited to, the following:

• Site – topography, drainage, access/egress, paving, curbing, parking, utilities, sidewalks

• Exterior Systems – foundations, roofs, walls, windows, exterior doors, civil/structural components

• Safety - Building access systems, security systems, fencing and security lighting

• Accessibility – ADA requirements and needed improvements

• Interior systems – wall, flooring and ceiling finishes, doors, hardware, lighting, stairs, stairwell, architectural components

• Facility Fire Protection/Life Safety – including potential fire hazards, fire alarm detection systems and components, fire escapes, emergency egress lighting, fire suppression systems and carbon monoxide detection.

• Heating, Ventilation, and Air Conditioning – including building automation controls and units

• Electrical – Building and site, including lighting, electrical distribution equipment and back-up generators

• Plumbing Systems – fixtures, water heaters and irrigation controls

• Specialized Construction and Outbuildings

• Visible Building Code Violations

• Elevator Systems

KEY TASKS & DELIVERABLES FOR PHASES 2A AND 2B:

• Kick-off meeting with City representatives to review objectives, assumptions, to present proposed process, gather additional information to further work scope and receive approvals.

• Develop a schedule for the project.

• Coordinate access to buildings with FPS staff. Access to buildings must be scheduled at least one

(1) week prior to inspection. Some buildings will require Consultants be escorted by FPS staff and may require security clearance prior to inspections.

• Gather previously conducted assessment and floor plans of buildings (as available).

• Discuss methodology for evaluating facilities.

• Advise the City of any requirement for inspections.

• Inspect each site and document existing condition of building systems/components.

• Review the following systems/components at a minimum at each facility: Conduct a complete facility inspection and evaluation to determine the existing condition of each facility by evaluating conditions of various systems/components, identifying current deficiencies, immediate correction action, and correction action required within 24 months.

• The assessments will be based on visual observations and non-destructive testing of mechanical, electrical and plumbing, building and interior components. Interview maintenance staff, if available, and gather information on known issues.

• Inspect Building Structure: foundation systems, structural walls, roofing structure, etc.

• Inspect Building Envelope – roof, walls/cladding, doors, windows/curtainwalls, etc. including needs for tuck-pointing and sealant.

• Inspect Life Safety Systems - including fire alarm, fire suppression, emergency lighting, emergency signs, etc.

• Inspect Mechanical/Plumbing, Electrical – o Mechanical/Plumbing: boilers, heating/ventilation/air conditioning, heating/cooling controls, plumbing controls, plumbing equipment, plumbing fixtures.

o Electrical: electrical distribution, electrical controls, interior and exterior building lighting

• Inspect Sitework – sidewalks, pavement, parking and driving surfaces, curbs, retaining walls, stairs, fencing, gates, drainage systems, etc.

• Inspect Interiors – floors, walls, ceilings, doors, stairs, common area finishes, etc.

In addition, the FCA shall include:

• Description of the building system

• Determination of the estimated remaining life of each building system

• Identify major building and maintenance deficiencies

• Identify and document specific deficiencies

PHASE #3: RECOMMENDATIONS

Based upon the results of the facility assessments, the City of Minneapolis is also seeking recommendations from the Consultant to assist the City with further development of its established Response Action Plan (refer to Attachment D), including a timeline for implementation, to prioritize and address the needs for repair or replacement of facilities to improve functionality, as identified through the assessments. The plan will identify which items must be completed so that MPD employees have the necessary facilities, that supports MPD needs and determine if additional facilities or facility improvements are required. Consultants should provide feedback about how the recommendations could be implemented and provide estimates for each recommendation.

Recommendations shall include:

• Determine whether facility improvements are needed and make recommendations to achieve working environments that meet operational needs, that are safe, secure and equitable; that are clean, meet accessibility requirements and current building code.

• Recommend corrections for any deficiencies, including those concerning functionality, operational standards, safety, security, equitability, and employee comfort, health, and wellness.

• Recommendations should categorize identified issues and deficiencies based upon criteria established in the current Response Action Plan.

• Determine and recommend whether any additional facilities are required, and the basis for the recommendation.

• Provide a priority list with timelines for correcting any deficiencies or effectuating any recommendations.

• Deliver a report in narrative PDF format, organized to show needs by MPD function (work group) to allow for efficient planning and capital planning considerations in later space planning work phase.

The report will address:

o The functionality of station, administration, training, detention, evidence, and investigation operations spaces o Storage and equipment needs o Evaluation of physical spaces to determine if they are safe, secure, and equitable o Facility impact on health and wellness of employees o Workplace environmental comfort o Recommend corrections for all deficiencies o Provide a suggested priority list and/or timelines for accommodating the recommended replacement and/or reconstruction work.

END

ATTACHMENT B

TERMS AND CONDITIONS FOR RFP

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 Contractors and Consultants ("Contractor") to meet. The Contractor 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 Contractor's suggestions.

1. General Compliance The Contractor 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 Contractor 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, subcontractors and suppliers of the Contractor. The federal, state and city statutes and ordinances to which the Contractor 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 Contractor shall have submitted and had an "affirmative action plan" approved by the City prior to entering into a Contract.

3. Anti-Discrimination Statement The Contractor 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 Contractor 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 Contractor 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 Contractor. Any policy deductibles or retention shall be the responsibility of the Contractor.

The City does not represent that the insurance requirements are sufficient to protect the Contractor's interest 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 Contractor shall require any of its sub-contractors, if sub-contracting is allowable under this Contract, to comply with these provisions.

The Contractor and its subcontractors 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 Contractor or its subcontractors and 2) the negligence or failure to render a professional service by the Contractor or its subcontractors. 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 Contractor, its agents or employees.

2) Breach of the City's private 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 Contractor commences work, whichever is earlier.

6. Indemnity and Hold Harmless

The Contractor 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 Contractor's insurance coverage, arising directly from any negligent act or omission of the Contractor, its employees, agents, by any sub-contractor or sub-consultant, and by any employees of the sub-contractors and sub-consultants of the Contractor, in the performance of work and delivery of services provided by or through this Contract or by reason of the failure of the Contractor to perform, in any respect, any of its obligations under this Contract. If a Contractor 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 Contractor to the City are "design professional services" as described in Minnesota Statutes, Section 604.21, then, the Contractor will not be obligated to defend the City as required above.

7. Subcontracting

The Contractor shall not sub-consult or sub-contract any services under this Contract unless authorized in writing by the City. The Contractor 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 Contractor shall pay all subcontractors for subcontractor's undisputed, completed work, within ten (10) days after the Contractor has received payment from the City.

8. Assignment or Transfer of Interest The Contractor 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 Contractor 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 Contractor 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 Contractor 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 Contractor and shall inform the Contractor 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 Contractor

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 Contractor shall at all times remain an independent Contractor with respect to the work and/or services to be performed under this Contract. Any and all employees of Contractor or other persons engaged in the performance of any work or services required by Contractor under this Contract shall be considered employees or subcontractors of the Contractor 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 Contractor.

12. Accounting Standards

The Contractor 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 Contractor 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 Contractor's services include the storage of City data using a cloud based solution, then the Contractor agrees to secure the data as though it were "private data" as defined in Minnesota Statutes, Chapter 13. The Contractor 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 Contractor agrees to provide a .pdf copy to the City's Contract Manager, upon the Contractor's receipt of the audit results.

15. Data Practices The Contractor 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 Contractor and any of the Contractor's sub-consultants or sub-contractors 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 Contractor 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 Contractor concerning data requests. The Contractor agrees to hold the City, its officers, and employees harmless from any claims resulting from the Contractor's unlawful disclosure or use of data protected under state and federal laws. The Contractor'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 Contractor 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 Contractor represents and acknowledges that the Contractor will comply with Payment Card Industry (PCI) regulatory standards including the Data Security Standards (DSS).

Contractor represents that it will protect cardholder data. Contractor will be annually certified as a PCI compliant service provider and agrees to provide evidence of said certification to the City upon request. Contractor 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. Contractor also agrees to provide written notice to the City of any breach of a system owned, operated or maintained by the Contractor 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 Contractor 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 Contractor 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 financial assistance or subsidy valued at $100,000 or more will be subject to the Ordinance's requirement that the 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

Contractor and its subcontractors pay their employees a "living wage" as defined and provided for in the Ordinance.

19. Displaced Contract Service Workers If Contractor's contract requires the services of fifteen or more employees, includes a subcontractor, and involves the provision of janitorial or security service work, Contractor 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 Contractor to retain employees of the previous Contractor for a 90-calendar day transition period. If the performance of one or more of the retained employees is determined by the successor Contractor to be satisfactory, the successor Contractor shall offer each transition employee continued employment under the terms and conditions of the successor Contractor.

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 contractors and subcontractors shall fully comply with such provisions regardless of any contractual relationship which may be alleged to exist between the Contractor or subcontractor 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 Contractor.

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 Contractor'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.

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

23. Travel If travel by the Contractor is allowable and approved for this Contract, then Contractor travel expenses shall be reimbursed in accordance with the City's Contractor Travel 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 Contractor are required to comply with the City's Code of Ethics. Chapter 15 of the Code of Ordinances requires City officials and the Contractor to avoid any situation that may give rise to a "conflict of interest." A "conflict of interest" will arise if Contractor represents any other party or other client whose interests are adverse to the interests of the City.

As it applies to the Contractor, the City's Code of Ethics will also apply to the Contractor in its role as an "interested person" since Contractor 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 Contractor 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.