7-RFP260021 Specifications.pdf

Louisville Jefferson County

Metro Government

Mayor’s Office

Independent Monitor

REQUEST FOR PROPOSAL

RFP # 260021

MILESTONE DATES

Open Date: July 14, 2025, 3:00 pm

Questions Due Date: July 28, 2025, 3:00 pm

Close Date: August 4, 2025, 3:00 pm

REQUEST FOR PROPOSAL

TABLE OF CONTENTS

1. Instructions to Proposers

2. Specifications

3. Evaluation Criteria

4. General Provisions

5. Hold Harmless Agreement and Indemnification Clause and Insurance Requirements

6. Human Relations Commission Required Documentation

SECTION 1

INSTRUCTIONS TO PROPOSERS

1.1 Introduction

The Louisville/Jefferson County Metro Government (“Metro Government”) is now accepting Proposals for an Independent Monitor (“Monitor”) to assess and report on the implementation of the Community Commitment: Louisville’s Consent Decree (“Community Commitment”) setting forth various actions to be undertaken by Louisville Metro and Louisville Metro Police Department (“LMPD”).

This RFP will be evaluated in a three (3) stage process. Stage 1 will require prospective candidates to submit written Proposals documenting their qualifications and capacity to perform the work as described in the specifications. Stage 2 will require shortlisted candidates based on Stage 1 evaluations to interview with the evaluation committee. Stage 3 will require finalist candidates to interview in a public meeting.

The process of accepting Proposals and choosing the successful proposer shall be by sealed Requests for Proposals (“RFP’s”) using the competitive negotiation process under KRS 45A.370. The Metro Government, if it chooses to award a contract based on this Proposal, shall do so on the basis of the Proposal which is most advantageous to it based upon the Evaluation Criteria set forth herein. (KRS 45A.370(5)).

The Metro Government finds that a purchase through competitive negotiation is necessary because specifications cannot be made sufficiently specific to permit an award on the basis of either the lowest bid price or the lowest evaluated bid price.

The Metro Government shall conduct written or oral discussions with all responsible proposers who submit Proposals determined in writing to be reasonably susceptible of being selected for award, except as otherwise provided by law. Where the Metro Government can clearly demonstrate and document from the existence of adequate competition or accurate prior cost experience with the particular supply, service or construction item, the Metro Government may make an award on the basis of the original submitted Proposals.

1.2 Considerations Prior to Submitting a Proposal

1.2.1 Revenue Commission

If you are a Metro Government vendor or you are doing business in Metro Louisville, you should already be registered with the Revenue Commission and have all of your required taxes paid. If you become the successful Proposer, you must be properly registered with the Revenue Commission and have all of your required taxes paid prior to the award of a contract.

You must provide your Revenue Commission Number on the Proposer Information and Proposal Signature Document, unless you do not yet have one. Contact the Louisville Metro Revenue Commission at (502) 574-4860 for information related to obtaining an account number or verifying current compliance.

1.2.2 Human Relations Commission

There are two affirmative action requirements which apply to Metro Government Contracts: a) Affirmative Action in Employment and b) Affirmative Action in the subcontracting of Minority, Female and Handicapped-owned businesses.

1.2.2.1 Affirmative Action in Employment

1.2.2.1.1 The Louisville Metro Human Relations Commission (“HRC”) is required determine whether contractors’ employment policies assure employment opportunities are available to all citizens without regard to race, color, religion, national origin, marital status, handicap, sex, sexual orientation or gender identity, or age.

1.2.2.1.2 To make this determination, the HRC will make an inquiry of the successful Proposer pursuant to Louisville Metro Ordinances Section 37.27.

1.2.2.1.3 If you are contacted by Purchasing Division staff notifying of award, and you have not already been “HRC Prequalified”, you will need to contact the HRC at 502-574-3631 for information and assistance on procedures to follow in becoming approved and qualified.

1.2.2.1.4 Proposer acknowledges that the resulting Agreement from this RFP is subject to Louisville/Jefferson County Metro Government Ordinances §37.25-§37.36 and failure to comply with the terms of those Ordinances will be cause for suspension, termination or cancellation of a contract executed hereunder, or rejection of Proposer’s Proposal.

1.2.2.2 Affirmative Action in Subcontracting

1.2.2.2.1 Generally, either a Proposer will use subcontractors or it will do all the work itself.

1.2.2.2.2 If Not Using Subcontractors, you must complete and sign Form GFE-1, which is included with this Proposal in the HRC’s “Good Faith Efforts Requirements” document, to indicate work will be self-performed.

Failure to include a completed Form GFE-1 with your proposal will cause the proposal to be rejected and deemed nonresponsive.

1.2.2.2.3 If Using Subcontractors, you must follow the instructions and complete the forms in the “Good Faith Efforts Requirements” document included with this Proposal. This includes but is not limited to making the required good faith effort, as that term is defined in the document.

1.2.3 LMCO Louisville Metro Codified Ordinance Policy Certifications LMCO 112.30

1.2.3.1 Per LMCO 112.30(D):

1.2.3.1.1 Vendors who apply for business with Louisville Metro must follow the practice that initial vendor employment applications not contain a "box" or a question of inquiry on the initial application regarding an applicant's prior criminal history and applicants shall not be required to check or otherwise fill in a "box" or respond to an inquiry regarding an applicant's prior criminal history on the vendor's initial employment application, unless as otherwise provided by or required by state and federal law.

1.2.3.1.2 Failure to adhere to this requirement shall cause your submission not to be considered for award. Louisville Metro shall retain at all times the authority to deny, rescind, revoke, terminate or not renew a contract with a vendor for failing to comply with the standards established by LMCO 112.30.

1.2.4 Requirements Regarding Sexual Assault and Sexual Harassment in the workplace, per

LMCO 39.220-224:

1.2.4.1 Per LMCO 39.222: An Organization executing a contract valued at $50K or more (“Covered Entities" shall not execute any settlement agreement concerning workplace sexual assault, sexual harassment, failure to prevent same or which concern claims of retaliation against a person reporting such matters if such an agreement prevents or restricts the disclosure of factual information related to such claims filed in a civil action or a complaint filed in an administrative action.

1.2.4.2 Reporting Requirements. Per LMCO 39.221: Each covered entity shall annually report to Louisville Metro internal complaints of workplace sexual harassment and sexual assault by employees who reside or work in Louisville/Jefferson County. The report shall be submitted to the Office of Equity.

1.2.4.3 Nondisclosure Agreements. Per LMCO 39.223: No covered entity shall, in exchange for a raise or bonus, or as a condition of employment or continued employment, require an employee to sign any agreement that prohibits the disclosure of information about unlawful acts in the workplace. “Information about unlawful acts in the workplace" includes, but is not limited to, information pertaining to harassment or discrimination or any other conduct that the employee has reasonable cause to believe is unlawful.

1.2 Preferences

1.3.1 Minimum Wage Preference

1.3.1.1 Per Louisville Metro Ordinance Chapter §37.56, preferences shall be given to businesses, which provide their employees a minimum wage equal to or exceeding the minimum wage set forth in §37.55 ("minimum wage business") which is currently $10.10/hour. This minimum wage rate is the rate set by Louisville Metro Council for all full-time Louisville Metro employees.

1.3.1.2 If a business provides its employees at least $10.10/hour, regardless of location or position, the offer price in the Proposal shall be reduced by 5% for the purpose of determining which offer is most advantageous to Metro Government.

1.3.1.3 If this Proposal is for services, and the business intends to use subcontractors to perform all or part of the work required under the contract, the business shall not subcontract more than 20% of the work to non-minimum wage businesses unless such services are not available from minimum wage businesses.

1.3.1.4 If a business receives the Minimum Wage Preference and is awarded a contract under this Proposal, then it must post a sign of the $10.10 minimum wage rate in a conspicuous place and manner so as to inform employees and the public of your minimum wage policy.

1.3.1.5 If you certify your business as a minimum wage business, are subsequently awarded a contract, and the Metro Government discovers you do not pay your employees at least $10.10 per hour, your business will be liable to the Metro Government for 30% of the amount of the contract awarded.

1.3.1.6 You must complete the Minimum Wage Preference Certification on the Proposer Information and Signature Page included in this Proposal.

1.3.2 Local Vendor Preference

The Metro Government gives Proposals submitted by local vendors a preference.

1.3.2.1 To qualify as a local vendor, a company must:

1.3.2.1.1 Be established in the Louisville Metropolitan Statistical Area (“MSA”), as defined by the United States Census Bureau for twelve (12) consecutive months.

1.3.2.1.2 Possess a current Louisville Revenue Commission account number.

1.3.2.1.3 Have its headquarters located in the Louisville MSA or have a branch office currently located in the Louisville MSA for at least twelve (12) consecutive months prior to the broadcast date of this Request for Proposal.

1.3.2.1.4 Determine whether the City or County within the Louisville MSA in which your business is located has the required reciprocal ordinance which recognizes business located within the Louisville MSA as local businesses for the purpose of a procurement preference. If that City or County does have such an ordinance, you must include a copy of that document in your response to this

RFP.

1.3.2.1.5 Utilize local businesses to furnish at least 75% of the services under a contract awarded hereunder unless such services are not available locally.

1.3.2.2 If the Metro Government determines your business is a local business, based on the standards described here, then your business shall receive a 5% reduction of the total amount you propose or 5 points added to your evaluated Proposal total, depending on the type of proposal evaluation process the Metro Government has decided to use.

1.3.2.3 If the Metro Government concludes your business is a local business for the purposes of this Proposal, and that determination is based on false information, the Proposer shall be subject to a fine equal to 25% of the price quoted in this Proposal.

1.3.2.4 Any petition challenging the designation or award of local vendor preference shall follow the procedures set forth in LMCO §37.03.

1.3.3 Kentucky Statutory Preferences

The Commonwealth of Kentucky requires the Metro Government to apply certain purchasing preferences as set forth in Kentucky Revised Statutes (“KRS”) Sections 45A.470, 45A.490, 492 and 494.

1. Kentucky Correctional Industries: Products made by the Department of Corrections, Division of Prison Industries, shall receive a preference equal to twenty (20) percent of the maximum points awarded to a bidder in a solicitation. (KRS 45A.470, 200 KAR 5:410)

2. Qualified bidder status: Kentucky Industries for the Blind, Incorporated, any nonprofit corporation that furthers the purposes of KRS Chapter 163, or a qualified nonprofit agency for individuals with severe disabilities as described in KRS 45A.465(3) shall receive a preference equal to fifteen (15) percent of the maximum points awarded to a bidder in a solicitation.

a. A bidder claiming qualified bidder status shall submit along with its response to a solicitation a notarized affidavit which affirms that it meets the requirements to be considered a qualified bidder.

The required affidavit form can be obtained by going to Metro Louisville Metro Government’s Purchase webpage: https://louisvilleky.gov/government/management-budget/purchasing.

3. Reciprocal Preference (KRS 45A.490-494)

a. KRS 45A.490 Definitions for KRS 45A.490 to 45A.494.

1. "Contract" means any agreement of a public agency, including grants and orders, for the purchase or disposal of supplies, services, construction, or any other item; and

2. "Public agency" has the same meaning as in KRS 61.805.

b. KRS 45A.492 Legislative declarations. The General Assembly declares:

1. A public purpose of the Commonwealth is served by providing preference to Kentucky residents in contracts by public agencies; and

2. Providing preference to Kentucky residents equalizes the competition with other states that provide preference to their residents.

c. KRS 45A.494 Reciprocal preference to be given by public agencies to resident bidders -- List of states -- Administrative regulations.

1. Prior to a contract being awarded to the lowest responsible and responsive bidder on a contract by a public agency, a resident bidder of the Commonwealth shall be given a preference against a nonresident bidder registered in any state that gives or requires a preference to bidders from that state. The preference shall be equal to the preference given or required by the state of the nonresident bidder.

2. A resident bidder is an individual, partnership, association, corporation, or other business entity that, on the date the contract is first advertised or announced as available for bidding:

a. Is authorized to transact business in the Commonwealth; and

b. Has for one (1) year prior to and through the date of the advertisement, filed Kentucky corporate income taxes, made payments to the Kentucky unemployment insurance fund established in KRS 341.490, and maintained a Kentucky workers' compensation policy in effect.

3. A nonresident bidder is an individual, partnership, association, corporation, or other business entity that does not meet the requirements of subsection (2) of this section.

4. If a procurement determination results in a tie between a resident bidder and a nonresident bidder, preference shall be given to the resident bidder.

5. This section shall apply to all contracts funded or controlled in whole or in part by a public agency.

6. The Finance and Administration Cabinet shall maintain a list of states that give to or require a preference for their own resident bidders, including details of the preference given to such bidders, to be used by public agencies in determining resident bidder preferences. The cabinet shall also promulgate administrative regulations in accordance with KRS Chapter 13A establishing the procedure by which the preferences required by this section shall be given.

7. The preference for resident bidders shall not be given if the preference conflicts with federal law.

8. Any public agency soliciting or advertising for bids for contracts shall make KRS 45A.490 to 45A.494 part of the solicitation or advertisement for bids.

A notarized affidavit form for Bidders, Offerors, and Contractors Claiming Resident Bidder Status can be obtained by going to Metro Louisville Metro Government’s Purchase webpage:

https://louisvilleky.gov/government/management-budget/purchasing if a proposer wishes to include in their proposal. Unless there are proposal from vendors from states that have a https://louisvilleky.gov/government/management-budget/purchasing https://louisvilleky.gov/government/management-budget/purchasing designated percentage or point procurement preference in that state, this preference will not apply.

1.4 Proposal Submittal Requirements

1.4.1 All Proposals must be signed by a duly authorized officer, agent or employee of the Bidder

(See the “Request for Proposal Signature Page” document). Bidder promises that the individual signing the Proposal document for the Bidder has the authority to bind the Bidder.

1.4.2 Sealed Proposals will be accepted until 3:00 p.m. on August 4, 2025.

Louisville Metro Government uses a web-based portal for accepting and evaluating proposals digitally (https://louisvilleky.bonfirehub.com/portal). Documents may be uploaded at any time during the open period. We strongly recommend that you allow sufficient time to complete uploading, submit and finalize your submission before the closing deadline.

If you have any technical questions related to your submission, please contact Bonfire at Support@GoBonfire.com.

You can also visit their help forum at https://bonfirehub.zendesk.com/hc.

1.4.3 Proposals cannot be submitted through the portal after 3:00 p.m. on August 4, 2025.

1.4.4 Any inquiries about this RFP shall be addressed in writing on the Bonfire portal.

1.4.5 Changes, Clarifications, Errors, Addenda:

1.4.5.1 Should a prospective Proposer find a discrepancy in or omissions from the specifications or be unclear as to what the specifications mean, the Proposer shall notify Metro Purchasing through the Bonfire portal. The Buyer will provide written clarification to all prospective Proposers. Proposer agrees that the Metro Government will not be responsible for any oral instructions.

1.4.5.2 Clarification of Submittal: The Metro Government may obtain clarification or additional information from a Bidder.

1.4.5.3 Changes/Alterations: Proposer may change or withdraw its Proposal at any time prior to Proposal closing date and time.

1.4.5.4 The Proposer must respond as required in this Proposal; failure to make any required response or provide required information may cause rejection of the Proposal as nonresponsive.

1.4.5.5 Once this Proposal has been signed by Proposer and officially submitted to the Purchasing Department of the Metro Government, Proposer will not be allowed to alter or withdraw its Proposal except with the written permission of the Director of Purchasing.

1.4.5.6 Addenda: The Metro Government may issue an addendum, or addenda, changing some aspect of the Proposal. All addenda, if any, shall be considered in making the Proposal, and such addenda shall be made a part of this Proposal. Before submitting a Proposal, it is incumbent upon each Proposer to be informed as to whether any addenda have been issued, and the failure to cover in the Proposal any such addenda may result in disqualification of that Proposal.

1.4.6 The Metro Government shall not permit a Proposer to withdraw its Proposal for sixty (60) days after Proposals are opened, unless the Metro Government makes a specific exception in writing. Further, Proposal prices shall be firm for a minimum of six (6) months after the Proposal closing date.

1.4.7 Metro Government shall not be responsible for any cost incurred by the Proposer in the preparation of its Proposal.

1.4.8 If the award is divided among or between vendors, written notification will be given to each vendor of the specific items covered on their respective contracts.

mailto:Support@GoBonfire.com https://bonfirehub.zendesk.com/hc

1.5 Buyer Information

Name Kim Henry Email: kim.henry@louisvilleky.gov Phone: 502-574-3491

SECTION 2

SPECIFICATIONS

The Community Commitment specifies Louisville Metro and LMPD’s commitment to reforms in policies, training, performance, supervision, and accountability systems, and establishes mechanisms for transparency and community engagement. Implementation of the Community Commitment will be assessed by a Monitor who will report to the Louisville Metro Community Safety Commission and to the public on Louisville Metro’s progress. The Monitor will consist of a head monitor and a team of individuals with relevant experience, as specified below.

The Monitor will be evaluated on its overall performance under the Community Commitment, including whether the Monitor has demonstrated the ability to fulfill its duties within the budget cap established by Louisville Metro and whether the Monitor is working collaboratively and effectively with Louisville Metro to facilitate its efforts to achieve substantial compliance with the Community Commitment.

This Request for Proposals provides a summary of the requirements and expectations of the Monitor under the Community Commitment. It is not intended to be an exhaustive summary of the Community Commitment, and the Community Commitment shall control any discrepancies between the RFP and the Community Commitment with respect to the role of the Monitor.

SCOPE OF WORK

The Monitor will only have the duties, responsibilities, and authority conferred by the Community Commitment and this Scope of Work. The Monitor will not, and is not intended to, replace or assume the role and responsibilities of any Louisville Metro or LMPD official. Pursuant to the Community Commitment, the Mayor of Louisville Metro retains all executive and administrative powers of Louisville/Jefferson County, and the Chief of Police of LMPD retains authority to run the police department in accordance with the laws of Louisville/Jefferson County, Kentucky, and the United States.

The Monitor will assist Louisville Metro and LMPD in implementation of the Community Commitment by assessing Louisville Metro and LMPD’s compliance with the terms of the Commitment, issuing recommendations, engaging with, and soliciting information from, members of the public, and preparing public reports on the Community Commitment’s implementation.

To carry out this work, the Monitor’s specific duties will include, but are not limited to:

1. Evaluating Implementation via Compliance Assessments: The Monitor’s primary duty will be to evaluate Louisville Metro and LMPD’s implementation of the Community Commitment. The Monitor will conduct thorough, objective assessments of whether Louisville Metro and LMPD have achieved Substantial Compliance with the terms of this Commitment by completing the Compliance Assessments as set forth in Section I.B.3.

a. For designated Principal Sections of the Community Commitment (Sections II, IV-X, & XII), the Monitor will evaluate and report on Louisville Metro and LMPD’s progress toward implementation by conducting Compliance Assessments for each Section, which will consist of a Policy Review, a Training Review, an Audit Review, a Data Review, and a Reporting Review. The Reviews will evaluate Louisville Metro and LMPD’s compliance with designated Key Objectives identified within each Section.

b. For other Auxiliary Sections of the Community Commitment (Sections III, XI, XIII- XIV), Compliance Assessments will consist of a Policy Review, a Training Review, and review of an annual report published by Louisville Metro as required by the terms of the designated section.

2. Preparing Semiannual Progress Reports: The Monitor will regularly produce reports to the public and the Community Safety Commission for each reporting period. These reports should be written in clear, accessible language intended for the general public. The reports will include, but are not limited to:

a. The progress made by Louisville Metro and LMPD under the Implementation Plan, as well as an overall assessment of Louisville Metro and LMPD’s progress to date in complying with the Commitment’s terms;

b. The specific findings and methodology for each Compliance Assessment conducted, redacted as necessary for privacy concerns and legal compliance;

c. A projection of the work to be completed during the upcoming reporting period and any anticipated challenges or concerns related to implementing the Commitment;

d. A visual report card listing each section of the Commitment to be evaluated in a Compliance Assessment, the required Policy, Training, Audit, Data, and Reporting Reviews, and stating whether the requirement is “In Compliance,” “In Progress,” or “Not Started”; and

e. The Monitor’s recommendations, if any, regarding necessary steps to achieve Substantial Compliance with the Community Commitment.

3. Conducting a Comprehensive Reassessment: Two-and-a-half years after its appointment and every two years until Louisville Metro assumes full responsibility for Self-Reporting or the Monitor’s appointment ends, whichever comes first, the Monitor will conduct a Comprehensive Reassessment and prepare a report to the Community Safety Commission to determine whether and to what extent Louisville Metro and LMPD have achieved compliance and implementation with this Community Commitment, and to identify any modifications to the Commitment that are necessary for achieving compliance in light of changed circumstances or unanticipated impact (or lack of impact) of a requirement. This Reassessment will also address areas of greatest achievement and the requirements that have contributed to this success, as well as areas of greatest concern, including recommendations and technical assistance for accelerating Substantial Compliance.

4. Additional Duties to Achieve Compliance

a. Developing Monitoring Protocols: The Monitor will develop Monitoring Protocols including delineating the roles and responsibilities of Monitoring Team members, protocols for communicating and problem-solving with Louisville Metro and LMPD, a review and approval process for any Louisville Metro or LMPD actions that are subject to review by the Monitor, and communicating and problem-solving with members of the public.

b. Reviewing Implementation Plans: The Monitor will review and advise on annual Implementation Plans developed by Louisville Metro and LMPD that outline how Louisville Metro and LMPD intend to implement the terms of the Community Commitment within five years including a specific schedule and deadlines for the upcoming year and a general schedule for successive years. The Implementation Plan will include a schedule for policies to be developed and implemented, trainings to be developed and provided, any Performance Audits to be conducted by Louisville Metro and LMPD, data to be collected and analyzed, public reports to be generated, and any Compliance Assessments to be conducted by the Monitor, within the upcoming year.

c. Policy and Training Review: The Monitor will review Louisville Metro and LMPD policies, procedures, protocols, and trainings related to this Community Commitment.

d. Providing Recommendations: The Monitor may make recommendations to the Louisville Metro and LMPD regarding measures necessary to achieve Substantial Compliance and may provide technical assistance if requested and approved by Louisville Metro to facilitate implementation, including validation and improvement of Louisville Metro and LMPD’s self-assessment and self-monitoring capabilities.

e. Budget: The Monitor will prepare and submit an annual budget to Louisville Metro for approval for the costs associated with monitoring the Community Commitment, not to exceed the annual budget cap stated below.

f. Communications and Community Engagement: The Monitor will regularly and appropriately communicate with Louisville Metro, LMPD, the Community Safety Commission, and members of a public, including:

i. Communicating regularly with Louisville Metro regarding the status of implementation;

ii. Meeting with community members and Louisville Metro and LMPD employees to inform them of the implementation of the Community Commitment and listen to their questions, concerns, and suggestions regarding its implementation;

iii. Making public statements only to the extent permitted by the terms of the Community Commitment and only testifying in proceedings as provided in the Community Commitment; and

g. Maintaining the Highest Ethical Standards.

For a comprehensive description of the duties of the Monitor, please review the Community Commitment Section I: Implementation and Resolution.

QUALIFICATIONS

The primary duty of the Monitor is to fairly and efficiently evaluate Louisville Metro and LMPD’s compliance as it moves into Substantial Compliance and self-monitoring with the Community Commitment. Candidates must demonstrate experience and expertise necessary to fulfill that duty.

Qualifications for the Monitor include, but are not limited to:

1. Technical experience and expertise evaluating or implementing a project of similar complexity, including:

a. Monitoring, auditing, evaluating, or otherwise reviewing performance of law enforcement organizations, including experience monitoring settlements, consent decrees, or court orders;

b. Demonstrated experience and expertise relevant to modern law enforcement practices and major-city policing, including in the areas of use-of-force and force investigations; search warrant preparation and execution; impartial and bias-free policing; practices for conducting and reviewing pedestrian and traffic stops, searches, seizures, and arrests; policing protests and demonstrations; alternative response to behavioral health emergencies; law enforcement response to behavioral health emergencies; sexual assault and domestic violence responses and investigations; policy development; misconduct investigations and civilian oversight;

training; supervision; law enforcement performance audits; data and analytics;

officer wellness; and community engagement and transparency;

c. Legal expertise including ability to assess legal sufficiency and compliance with constitutional and other legal requirements and Familiarity with federal, state, and local laws; and

d. Technological and data management experience, including use of technology and information systems, including data collection and management, and analytical tools, to support and enhance public safety practices;

2. Demonstrated superior capacity working effectively with or within government institutions, including:

a. Evaluating organizational change and institutional reform, including by applying qualitative and quantitative analyses to assess progress, performance, and outcomes;

b. Working with government agencies, including municipalities, elected officials, civilian oversight bodies, collective bargaining units, and other stakeholders interested in public safety issues;

c. Reviewing policies, procedures, manuals, and other administrative orders or directives, and training programs (including experience with adult-learning techniques) related to public safety practices;

d. Municipal budgets and budgeting processes;

e. Strong project management skills, including completing projects within anticipated deadlines and budgets;

3. Exceptional communication and community engagement skills, including:

a. Engaging effectively with diverse community stakeholders to promote civic participation, strategic partnerships, and community policing;

b. Demonstrated ability to work collaboratively with parties to achieve compliance with a complex agreement in a timely and cost-effective manner;

c. Ability to consistently demonstrate professionalism and respect in all interactions with the community, Louisville Metro and LMPD staff, and all others with whom they interact;

d. Writing complex reports in simple, accessible language for dissemination to diverse audiences; and

4. Any other qualifications the Monitor candidates believe are pertinent to fulfilling the duties of Monitor under the Community Commitment.

Experience in the listed areas will be considered important, although lack of experience in any particular area will not necessarily disqualify a candidate. Candidates are requested to identify the subject matter expertise of each individual team member and identify any subject areas that the candidate would need to hire subsequent to the RFP process.

Community members provided feedback to Louisville Metro via in-person Listening Sessions and an online survey about the qualities and qualifications they would like to see in an Independent Monitor. A report summarizing the results accompanies this RFP. This feedback has been incorporated into this Request for Proposals, including a request for a Community Engagement and Communications plan within the Requested Information below.

REQUESTED INFORMATION

Louisville Metro requests that individuals, teams, or organizations seeking to serve as the Monitor or on the Monitor’s team should submit a proposal, not to exceed 15 pages, excluding resumes, proposed budgets, and other relevant attachments. The proposal should include the following:

Executive Summary: A brief description of the way the candidate proposes to fulfill the duties and responsibilities of the Monitor, any distinguishing skills or experience, and proposed cost.

Scope of Work: Candidates should include references to the requirements outlined in the Scope of Work section above and detailed descriptions of how the candidate will meet those requirements.

Scope of Work shall include a Community Engagement and Communications plan about how the Monitor will communicate and conduct outreach to the public.

Key Personnel: The names of individuals or entities, including subcontractors and consultants, who will assist the candidate in fulfilling the duties and responsibilities of the Monitor and a description of the role and area of responsibility each team member will assume if selected, including a head Monitor and Deputy Monitor.

Please include a summary of each team member’s relevant experience and attach a resume. Whenever possible, include a list of experience(s) for members of the team relevant to the monitoring duties; references for each matter or project listed, including the name of the organization, contact person, title, address, email address, and telephone number; and, if available, examples of non-confidential work product that is similar to the reports required for this project.

If the identities of the individuals or entities that would assist in performing the monitoring function are unknown at the time of submission, state the areas of expertise that will be sought and the process that will be used to obtain the necessary services and assistance.

Budget: The Community Commitment provides an annual budget cap of $750,000 per year of the Monitor’s contract.

Candidates must provide, for at least 2 years, proposed annual budgets for the above Scope of Work and requirements of the Community Commitment. The proposed budget should include, at minimum:

a. An annual cost estimate of fees and costs the candidate is not expected to exceed;

b. Annual breakdowns of all costs for fulfilling the Monitor’s responsibilities including but not limited to hourly billing rates, travel, subcontractor services, overhead, and supplies;

c. Break down the different activities that members of the team will perform (e.g., policy review, technical assistance, training assessment, report writing, and/or incident review);

d. A projected allocation of hourly commitments by each team member, broken down by the number of hours projected for both on-site and off-site work;

e. A description of how the candidate would fulfill the responsibilities of the Monitor within the budget cap;

f. Taking into account the uncertainty of the duration of the Community Commitment, include both one-time or fixed costs that are expected regardless of the duration of the contract, and annual costs that are expected for each year the contract is in effect, including time periods Louisville Metro has assumed greater self-assessment or self-monitoring responsibilities.

Candidates will be mindful that, if selected as Monitor, their proposed budgets are expected to form the basis of their actual budgets, and any departures without reasonable cause will be disfavored.

Potential Conflicts of Interest or Bias Disclosures: Disclose any actual, potential, or perceived conflicts of interest involving candidates considered for Monitor or as a subject matter expert on the Monitor’s team, any associated firms or organizations, any employees assigned to the project, or proposed subcontractors. Such conflicts may include, but are not limited to:

a. Current or former employment, commitments, contracts, or grants with Louisville Metro or any of its officers, agents, elected or appointed officials, or employees;

b. Any relationship with any current or future private litigant or claimant or such litigant or claimant’s attorney in connection with any claim or suit against Louisville Metro, LMPD, or their current or former officials, officers, agents, and employees;

c. Whether any member of the team has been the proponent of or subject of any complaint, claim, or lawsuit alleging misconduct.

To the extent a conflict or potential bias exists, explain why it does not bar the individual’s or the team’s selection, including any legal or ethical opinions or waivers upon which the team relies. Conflicts may or may not be determined to preclude the team’s selection or to require a waiver to permit selection.

Please note that for the duration of the monitorship, neither the Monitor nor any member of the Monitor’s team shall be permitted, without a waiver based on fully informed consent, to accept employment or provide consulting services that would present a conflict of interest with the Monitor’s responsibilities under the Community Commitment, including employment or contracts with Louisville Metro, or representing or working for an individual or organization in a criminal, civil, or administrative matter adverse to Louisville Metro, LMPD, including any individual or organization designated as a witness, consultant, victim, subject, target, or person of interest.

Availability for Interviews: Candidates should designate which team members will participate in interviews, should the candidate be invited to participate in Stage 2 interviews and the Stage 3 public meeting. Candidates should also list dates in August 2025 the designated team members are not available for interviews or public meetings.

Term The contract shall be for one (1) year with an option for four (4) yearly renewals, depending on sufficient funding, evaluation of Monitor performance, and continued need for Monitoring services.

RFP # 260021 Page 2

SECTION 3

EVALUATION CRITERIA

3.1 Evaluation Process

After receipt of proposals the Metro Government shall evaluate all responses based on the criteria below.

During that evaluation, the Metro Government shall rank all responses, again based on the criteria described below. Once the RFP Responses are ranked, the Metro Government shall determine in writing which responses are reasonably susceptible of being awarded the work. The Metro Government shall thereafter conduct negotiations with each of those “reasonably susceptible” Proposers, unless the Metro Government concludes that an award may be made without negotiations, as allowed by KRS 45A.370 (3).

The Metro Government will conduct a multi-stage process for selecting proposals that are determined to be reasonably susceptible to award.

Pre-Stage There are two affirmative action requirements which apply to Metro Government contracts: a) Affirmative Action in Employment and b) Affirmative Action in the subcontracting of Minority, Female and Handicapped-owned businesses. The Louisville Human Relations Commission (HRC) is responsible for compliance of these requirements. Failure to submit the HRC “Good Faith Effort” requirements identified in this RFP document will cause the proposal to be deemed non-responsive.

Stage 1 The RFP evaluation committee shall score all proposals based upon the evaluation criteria detailed herein as well as any preferences authorized in Louisville Metro County Ordinance identified in this RFP.

Upon completion of the scoring, the committee shall recommend short-listing the proposals that are reasonably susceptible of being awarded.

Stage 2

Candidates whose Proposals have been identified as reasonably susceptible to award based on evaluation of the Stage 1 criteria will be invited to discuss their Proposal with the RFP evaluation committee. The date, time, and location of the meetings will be negotiated. Candidates will be evaluated based on the evaluation criteria detailed below. Upon completion of the meetings and scoring, the committee shall again recommend shortlisting the Proposals that are reasonably susceptible of being awarded.

Stage 3

Candidates shortlisted following Stage 2 shall be invited to participate in a public meeting and interview with the evaluation committee. The date, time, and location of the meeting will be negotiated.

Candidates will be evaluated based on the evaluation criteria detailed below.

The committee may carry out contract negotiations for the purpose of obtaining best and final offers, terms, and conduct detailed reference checks on the shortlisted firms. Louisville Metro reserves the right to contact candidates with requests for clarification.

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Award There exists the possibility that an award may be made on the basis of initial offers if it can be clearly demonstrated and documented from the existence of adequate competition or accurate prior cost experience that acceptance of an initial offer without discussion (Stage 2) would result in fair and reasonable prices (KRS 45A.370(3)(c)).

Award will be made to the responsible offeror whose proposal is determined in writing to be the most advantageous to Louisville Metro Government based upon the evaluation factors set forth in this RFP.

Stage 1 Evaluation Criteria

The Proposals received pursuant to this Request for Proposals will be evaluated on the following selection criteria:

Experience and Qualifications 50 points

Scope of Work 30 points

Budget and Reasonableness of Cost 20 points

TOTAL 100 points

Stage 2 Evaluation – Interview 100 points

Shortlisted candidates will be invited to interview with the evaluation committee to further detail their proposal and to demonstrate overall competence in fulfilling the scope of work.

Stage 3 Evaluation Criteria

Further shortlisted finalist from Stage 2 will be invited to participate in a public meeting and interview.

Candidates will be evaluated on the following selection criteria for Stage 3:

Quality of Public Engagement - Including but not limited to: 75 points

• Clarity of response

• Demonstration of listening skills

• Depth of understanding community issues

Public Survey 25 points

TOTAL 100 points

Proposals will be reviewed by a committee consisting of representatives from:

The Office of the Mayor Metro Council Kentucky General Assembly

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SECTION 4

GENERAL PROVISIONS

4.1 Proposal Acceptance

Metro Government may award Proposals in its best interest, reject proposals or any part of them, award contracts in whole or part, waive what it concludes in its discretion are minor problems with proposals, including but not limited to formalities or technicalities. The Metro Government may consider any alternative proposals which meet its needs.

4.2 Payment Terms: Net 30 days.

4.3 Pricing

4.3.1 Proposal prices shall be firm for at least six (6) months after the Proposal closing date.

4.3.2 Project-Specific Contracts: Pricing for specific Metro Government projects shall not change for the duration of the contract.

4.3.3 Non-Project Specific Contracts, Including Price Contracts:

4.3.3.1 For non-project-specific contracts, including Price Contracts, Proposer agrees that prices shall not change for the first year of that contract.

4.3.3.2 If a contract is renewed, all price increase requests after the first year must be submitted in writing to the Purchasing Division, 611 West Jefferson Street, Mezzanine Level, Louisville, KY 40202. Upon notification by the vendor of documented market increases, Proposer agrees that the Metro Government may either accept the price change or terminate the contract. Increases shall not be effective until the Metro Government’s approval of them is received by the Proposer in writing.

4.3.4 Prices quoted shall be exclusive of the State and Federal Excise Tax, since the Metro Government is exempt from them.

4.3.5 Time discounts or cash discounts shall not be considered in Proposal evaluation.

4.3.6 Prices for any Proposal item shall not be contingent upon the purchase of any other

Proposal item.

4.3.7 If `approximate yearly usage' is supplied, it is only to aid vendors in preparation of

Proposals and under no circumstances binds the Metro Government to purchase those amounts.

4.3.8 Proposer should show unit prices and extended prices (unit prices multiplied by the number of units proposed to be purchased).

4.4 Special Conditions for Price Contracts:

4.4.1 A “Price Contract” is an agreement for the purchase of goods and possibly services which the Metro Government may utilize to fill its needs throughout the term of the contract. It is not a contract for a specific project, though purchases may be made for particular projects as the need arises. A Price Contract does not obligate the Metro Government to purchase any amount of the Proposal goods or services.

4.4.2 The Metro Government may renew contracts for a period of one (1) year and from year to year thereafter, upon the same terms and conditions as the original contract, if such renewal or extension is agreed to by the contractor. Total contract period cannot exceed five (5) years. Written notice of Metro Government's intention to renew will be sent prior to the expiration date.

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4.4.3 Any government entity in Kentucky shall have the option of making purchases under a Price Contract executed under this Proposal.

4.4.4 If a price contract is awarded hereunder, the Proposer agrees the Metro Government may nonetheless issue a separate Proposal for the products or services which are the subject of this Proposal.

4.5 Special Conditions Applicable to Contracts for the Purchase of Goods (including Price Contracts, if those contracts are for the purchase of goods)

4.5.1 Proposer must submit all factory literature and supporting documentation with each submitted copy of its RFP.

4.5.2 Proposer shall provide prices for goods as FOB Delivered. Metro shall not pay for shipping, handling or any other associated charges for shipping.

4.5.3 All goods purchased are subject to inspection at the point of delivery by the Metro Government.

4.5.4 Proposer agrees to pay all costs for the return of rejected goods.

4.6 Worker Safety

The Proposer agrees to comply with all statutes, rules, and regulations governing safe and healthful working conditions, including the Occupational Health and Safety Act of 1970, 29 U.S.C. 650 et.seq., as amended, and KRS Chapter 338. The Proposer will provide training documentation for all standards applicable to the job. Necessary trainings would include, but are not limited to, remediation, abatement, powered industrial truck equipment brought on site by bidder, SDS for all chemicals brought to site by bidder, confined space, fall protection, or any other trainings required by an afore mentioned standard under the scope of work being proposed. The Proposer agrees to provide, for all their employees working on properties where Metro employees reside, documentation of current (annual) asbestos awareness training, per OSHA’s 1926.1101(k)(9)(vi) regulation. The Proposer also agrees to notify the Metro Government in writing immediately upon detection of any unsafe and/or unhealthful working conditions on Metro Government property. Proposer agrees to indemnify, defend and hold the Metro Government harmless from all penalties, fines or other expenses arising out of the alleged violation of said laws.

4.7 Records Retention

Proposer shall maintain during the course of the work, and retain not less than five years from the date of final payment on the contract, complete and accurate records of all of Proposer’s costs which are chargeable to the Metro Government under this Agreement; and the Metro Government shall have the right, at any reasonable time, to inspect and audit those records by authorized representatives of its own or of any public accounting firm selected by it. The records to be thus maintained and retained by Proposer shall include (without limitation): (a) payroll records accounting for total time distribution of Proposer’s employees working full or part time on the work (to permit tracing to payrolls and related tax returns), as well as canceled payroll checks, or signed receipts for payroll payments in cash; (b) invoices for purchases receiving and issuing documents, and all the other unit inventory records for Proposer’s stores stock or capital items; and (c) paid invoices and canceled checks for materials purchased and for subcontractors’ and any other third parties’ charges.

4.8 Multiple Awards

As allowed by the Metro Government Finance Manual (Purchasing Policies, Section III, A, 3), multiple contracts may be issued and those contracts, if any, shall be ranked as primary, secondary, etc. A secondary or lower ranking contract may be used if the primary contractor is unable to perform. However, RFP # 260021 Page 6 the primary contractor shall be given the first opportunity to provide the services required. Contracts shall be utilized in the order stated in the award.

4.9 Protest Policy

Bidders/Proposers who wish to protest must do so in writing. The subject of the protest shall be limited to fraud, corruption, or illegal acts undermining the objectivity and integrity of the procurement process.

The protest must be received in accordance with the timing and documentation requirements for the type of protest. A protest regarding solicitation must be received no later than five (5) days before the due date for submittals. Any protest regarding the intent to award of the contract must be received no later than three (3) days after posted intent to award.

The protest must include: name, address, telephone, and e-mail address of the protesting party and the person representing them; a complete statement of the legal grounds for the protest specifically identifying law, rule, regulation or procedure alleged to have been violated; relevant support documentation; a statement regarding the course of action…