Police- RFP- Written Examination for Entry Level Police Officers _ Development of Structured Oral Interview Process- mt#46320.pdf

BOARD OF CONTRACT AND SUPPLY

CITY OF PROVIDENCE, RHODE ISLAND

REQUEST FOR PROPOSALS

Revised: 11/9/2023

Item Description: WRITTEN EXAMINATION FOR ENTRY LEVEL POLICE OFFICERS & DEVELOPMENT OF

STRUCTURED ORAL INTERVIEW PROCESS

Procurement/MinuteTraq #: 46320

Date to be opened: 9/23/2024

Issuing Department: Police Depatiment

QUESTIONS

• Please direct questions related to the bidding process, how to fill out forms, and how to submit a bid

(Pages 1-8) to the Purchasing Department.

o Email: purchasing@providenceri.gov

• Please use the subject line "Solicitation Question"

• Please direct questions relative to the Minority and Women's Business Enterprise Program and the c01Tesponding forms (Pages 9-13) to the MBE/WBE Outreach Director for the City of Providence, Grace Diaz o Email: gdiaz@providenceri.gov

• Please use subject line "MBE WBE Forms"

• Please direct questions relative to the specifications outlined (beginning on page 14) to the issuing depatiment's subject matter expe1i:

o Name: Julie Pryde o Title: Director Human Resources Bureau o Email Address: jpryde@providenceri.gov

Pre-bid Conference

There is no pre-bid conference scheduled for this RFP.

Deadline for questions submissions:

QUESTIONS ARE DUE FRIDAY SEPTEMBER 13, 2024 BY 4PM

INSTRUCTIONS FOR SUBMISSION

Meeting Date: 9/23/2024

Revised: 11/9/2023

Bids may be submitted up to 2:15 P.M. on the above meeting date at the Department of the City Clerk. Room

311, City Hall. 25 Dorrance Street, Providence. At 2:15 P.M. all bids will be publicly opened and read at the

Board of Contract Meeting in Conference Room 305, on the 3rd floor of City Hall.

• Bidders must submit 2 copies of their bid in sealed envelopes or packages labeled with the captioned Item Description and the City Department to which the solicitation and bid are related and must include the company name and address on the envelope as well. (On page 1 ).

• If required by the Department, please keep the original bid bond and check in only one of the envelopes.

• Communications to the Board of Contract and Supply that are not competitive sealed bids (i.e. product information/samples) should have "NOT A BID" written on the envelope or wrapper.

• Only use form versions and templates included in this solicitation. If you have an old version of a form do not recycle it for use in this bid.

• The bid envelope and information relative to the bid must be addressed to:

Board of Contract and Supply

Department of the City Clerk- City Hall, Room 311

25 Dorrance Street

Providence, RI 02903

**PLEASE NOTE: This bid may include details regarding information that you will need to provide (such as proof of licenses) to the issuing department before the formalization of an award.

This information is NOT requested to be provided in your initial bid by design.

All bids submitted to the City Clerk become public record. Failure to follow instructions could result in information considered private being posted to the city's Open Meetings Portal and made available as a public record. The City has made a conscious effort to avoid the posting of sensitive information on the City's Open Meetings Portal, by requesting that such sensitive information be submitted to the issuing department only at their request.

BID PACKAGE CHECKLIST

CITY OF PROVIDENCE, RHODE ISLAND

Digital forms are available in the City of Providence Purchasing Depaiiment Office or online at http://www.providenceri.gov/purchasing/how-to-submit-a-bid/

The bid package MUST include the following, in this order:

• Bid Form 1: Bidder's Blank as the cover page/ 1 st page (see page 6 of this document)

• Bid Form 2: Ce1iification of Bidder as 2nd page (see page 7 of this document)

• Bid Form 3: Ce1iificate Regarding Public Records (see page 8 of this document)

• Bid Form 4: Affidavit of City Vendor (see pages 9 and 10 of this document)

Revised: 11/9/2023

• Forms from the Minority and Women Business Enterprise Program: Based on Bidder Category. See forms and instructions enclosed (pages 11-112) or on:

https ://www. providencer i. gov/purchasinglminority-women-owned-business-mbewbe-procurement pro gram/

*Please note: MBE/WBE forms must be completed for EVERY bid submitted and must be inclusive of

ALL required signatures. Forms without all required signatures will be considered incomplete.

• Bidder's Proposal/Packet: Formal response to the specifications outlined in this RFP, including pricing information and details related to the good(s) or service(s) being provided. Please be mindful of formatting responses as requested to ensure clarity.

• Financial Assurance, if requested ( as indicated on page 5 of this document under "Bid Terms'')

All of the above listed documents are REQUIRED. (With the exception of financial assurances, which are only required if specified on page 5.)

***Failure to meet specified deadlines,follow specific submission instructions, or enclose all required documents with all applicable signatures will result in disqualification, or in an inability to appropriately evaluate bids.

NOTICE TO VENDORS

CITY OF PROVIDENCE, RHODE ISLAND

Revised: 11/9/2023

1. The Board of Contract and Supply will make the award to the lowest qualified and responsible bidder.

2. In determining the lowest responsible bidder, cash discounts base_d on preferable payment terms will not be considered.

3. Where prices are the same, the Board of Contract and Supply reserves the right to award to one bidder, or to split the award.

4. No proposal will be accepted if the bid is made in collusion with any other bidder.

5. Bids may be submitted on an "equal in quality" basis. The City reserves the right to decide equality.

Bidders must indicate brand or the make being offered and submit detailed specifications if other than brand requested.

6. A bidder who is an out-of-state corporation shall qualify or register to transact business in this State, in accordance with the Rhode Island Business Corporation Act, RIGL Sec. 7-1.2-1401, et seq.

7. The Board of Contract and Supply reserves the right to reject any and all bids.

8. Competing bids may be viewed in person at the Department of the City Clerk, City Hall, Providence, immediately upon the conclusion of the formal Board of Contract and Supply meeting during which the bids were unsealed/opened. Bids may also be accessed electronically on the internet via the City's Open Meetings Portal.

9. As the City of Providence is exempt from the payment of Federal Excise Taxes and Rhode Island Sales Tax, prices quoted are not to include these taxes.

10. In case of error in the extension of prices quoted, the unit price will govern.

11. The contractor will NOT be permitted to: a) assign or underlet the contract, or b) assign either legally or equitably any monies or any claim thereto without the previous written consent of the City Purchasing Director.

12. Delivery dates must be shown in the bid. If no delivery date is specified, it will be assumed that an immediate delivery from stock will be made.

13. A ce1iificate of insurance will normally be required of a successful vendor.

14. For many contracts involving construction, alteration and/or repair work, State law provisions concerning payment of prevailing wage rates apply (RIGL Sec. 37-13-1 et seq.)

15. No goods should be delivered, or work staiied without a Purchase Order.

16. Submit 2 copies of the bid to the City Clerk, unless the specification section of this document indicates otherwise.

17. Bidder must ce1iify that it does not unlawfully discriminate on the basis of race, color, national origin, gender, gender identity or expression, sexual orientation and/or religion in its business and hiring practices and that all of its employees are lawfully employed under all applicable federal, state and local laws, rules and regulations. (See Bid Form 2.)

BID TERMS

CITY OF PROVIDENCE, RHODE ISLAND

Revised: 11/9/2023

1. Financial assurances may be required in order to be a successful bidder for Commodity or Construction and Service contracts. If either of the first two checkboxes below is checked, the specified assurance must accompany a bid, or the bid will not be considered by the Board of Contract and Supply. The third checkbox indicates the lowest responsible bidder will be contacted and required to post a bond to be awarded the contract.

a) D A ce1iified check for $ __ must be deposited with the City Clerk as a guarantee that the Contract will be signed and delivered by the bidder.

b) D A bid bond in the amount of __ per centum (%) of the proposed total price, must be deposited with the City Clerk as a guarantee that the contract will be signed and delivered by the bidder; and the amount of such bid bond shall be retained for the use of the City as liquidated damages in case of default. Any person signing a bid bond as an attorney-in-fact shall include with the bid bond an original, or a photocopy or facsimile of an original, power of attorney.

c) D A performance and payment bond with a satisfactory surety company will be posted by the bidder in a sum equal to one hundred per centum (100%) of the awarded contract.

d) � No financial assurance is necessary for this item.

2. Awards will be made within nighty (90) days of bid opening. All bid prices will be considered firm, unless qualified otherwise. Requests for price increases will not be honored.

3. Failure to deliver within the time quoted or failure to meet specifications may result in default in accordance with the general specifications. It is agreed that deliveries and/or completion are subject to strikes, lockouts, accidents, and Acts of God.

The following entry applies only for COMMODITY BID TERMS:

4. Payment for paiiial delivery will not be allowed except when provided for in blanket or term contracts.

The following entries apply only for CONSTRUCTION AND SERVICE BID TERMS:

5. Only one shipping charge will be applied in the event of partial deliveries for blanket or term contracts.

6. Prior to commencing performance under the contract, the successful bidder shall attest to compliance with the provisions of the Rhode Island Worker's Compensation Act, RIGL 28-29-1, et seq. If exempt from compliance, the successful bidder shall submit a sworn Affidavit by a corporate officer to that effect, which shall accompany the signed contract.

7. Prior to commencing performance under the contract, the successful bidder shall, submit a certificate of insurance, in a form and in an amount satisfactory to the City.

Revised: 11/9/2023

BID FORM 1: Bidders Blank

BOARD OF CONTRACT AND SUPPLY

CITY OF PROVIDENCE, RHODE ISLAND

1. Bids must meet the attached specifications. Any exceptions or modifications must be noted and fully explained.

2. Bidder's responses must be in ink or typewritten, and all blanks on the bid form should be completed.

3. The price or prices proposed should be stated both in WRITING and in FIGURES, and any proposal not so stated may be rejected. Contracts exceeding twelve months must specify annual costs for each year.

4. Bids SHOULD BE TOTALED so that the final cost is clearly stated (unless submitting a unit price bid), however each item should be priced individually. Do not group items. Awards may be made on the basis of total bid or by individual items.

5. All bids MUST BE SIGNED IN INK.

Name of Bidder (Firm or Individual):

Contact Name:

Business Address:

Business Phone#:

Contact Email Address:

Agrees to bid on (Write the "Item Description" here):

If the bidder's company is based in a state other than Rhode

Island, list name and contact information for a local agent for service of process that is located within Rhode Island

Delivery Date (if applicable):

Name of Surety Company (if applicable):

Total Amount in Writing*:

Total Amount in Figures*:

*If you are submitting" unit price bid, please insert "Unit Price Bid"

Use "dditional pages if necessary for {l(lditional bidding details.

Page6of16

Signature of Representation

Title

BID FORM 2: Certification of Bidder

(Non-Discrimination/Hiring)

Revised: 11/9/2023

Upon behalf of ___________________ (Firm or Individual Bidding), I,. _ __ _ _ _ ______________ _ _ -',- ame of Person Making Certification), being its ____________ _______ _,_Title or "Self'), hereby certify that:

1. Bidder does not unlawfully discriminate on the basis of race, color, national origin, gender, sexual orientation and/or religion in its business and hiring practices.

2. All of Bidder's employees have been hired in compliance with all applicable federal, state and local laws, rules and regulations.

I affirm by signing below that I am duly authorized on behalf of Bidder, on this _______ day of __ _ ______ 20

Signature of Representation

Printed Name

CITY OF PROVIDENCE, RHODE ISLAND

BID FORM 3: Certificate Regarding Public Records

Upon behalf of ____________________ (Firm or Individual Bidding), I, ______ ________________ (Name of Person Making Certification), being its ___ _ _________________ (Title or "Self'), hereby ce1tify an understanding that:

1. All bids submitted in response to Requests for Proposals (RFP' s) and Requests for Qualification (RFQ's), documents contained within, and the details outlined on those documents become public record upon receipt by the City Clerk's office and opening at the corresponding Board of Contract and Supply (BOCS) meeting.

2. The Purchasing Depaitment and the issuing depaitment for this RFP/RFQ have made a conscious effort to request that sensitive/personal information be submitted directly to the issuing depaitment and only at request if verification of specific details is critical the evaluation of a vendor's bid.

3. The requested supplemental information may be crucial to evaluating bids. Failure to provide such details may result in disqualification, or an inability to appropriately evaluate bids.

4. If sensitive information that has not been requested is enclosed or if a bidder opts to enclose the defined supplemental information prior to the issuing department's request in the bidding packet submitted to the City Clerk, the City of Providence has no obligation to redact those details and bears no liability associated with the information becoming public record.

5. The City of Providence observes a public and transparent bidding process. Information required in the bidding packet may not be submitted directly to the issuing department at the discretion of the bidder in order to protect other information, such as pricing terms, from becoming public. Bid_ders who make such an attempt will be disqualified.

I affirm by signing below that I am duly authorized on behalf of Bidder, on this ____ ___ day of _________ 20

Signature of Representation

Printed Name

BID FORM 4: Affidavit of City Vendor

Revised: 11/9/2023

Per our Code of Ordinances Sec. 21.-28.1 (e). this form applies to a) the business, b) any political action committee whose name includes the name of the business, c) all persons holding ten (10) percent or greater equity interest or five thousand dollars ($5,000.00) or greater cash value interest in the business at any time during the reporting period, d) all executive officers of the business entity, e) any spouse or dependent child of any individual identified in a) though d) above.

Executive officers who are not residents of the state of Rhode Island are exempted from this requirement.

Per R.I.G.L. § 36-14-2, "Business" means a sole proprietorship, partnership, firm, corporation, holding company, joint stock company, receivership, trust, or any other entity recognized in law through which business for profit or not for profit is conducted.

Name of the person making this affidavit: _ __________________ _

Position in the "Business" __ _ _ _ _ _ _ ___ _ _ _ __ _____ ___ _

Name of Entity ___ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _ __ _ _ _ _ _ _ _

Address: _ _ _ _ _ _ ____ ____________________ _

Phone number:

The number of persons or entities in your entity that are required to report under Sec. 21.-28.1 (e):

Read the following paragraph and answer one of the options:

Within the 12 month period preceding the date of this bid submission with the City of Providence, or with respect to the contracts that are not in writing within the 12 month period preceding the date of notification that the contract has reached the $100,000 threshold, have you made campaign contributions within a calendar year to (please list all persons or entities required under Sec. 21.-28.1 (e)).

a. Members of the Providence City Council? □ Yes

• If Yes, please complete the following:

Recipient(s) of the Contribution:

Contribution Date(s):

□ No

Contribution Amount(s):

b. Candidates for election or reelection to the Providence City Council? □ Yes □ No

• If Yes, please complete the following:

Recipient(s) of the Contribution:

Conh·ibution Date(s): Contribution Amount(s):

c. The Mayor of Providence? D Yes D No

• If Yes, please complete the following:

Recipient(s) of the Contribution:

Contribution Date( s): Contribution Amount(s):

d. Candidates for election or reelection to the office of Mayor of Providence? D Yes D No

• If Yes, please complete the following:

Recipient(s) of the Contribution:

Contribution Date(s): Contribution Amount(s):

Signed under the pains and penalties of pe1jury.

Position

MBE/WBE Participation Plan

CITY OF PROVIDENCE, RHODE ISLAND

Revised: 11/9/2023

Please complete separate forms for each MBE/WBE subcontractor/supplier to be utilized on the solicitation.

Bidder's Name:

Bidder's Address:

Point of Contact:

Telephone:

Email:

Procurement#:

Project Name:

Which one of the following describes your business' status in terms of Minority and/or Woman

□ MBE □WBE □Neither MBE nor WBE Owned Business Enterprise certification with the State of Rhode Island? (Check all that apply).

This form is intended to capture commitments between the prime contractor/vendor and MBE/WBE subcontractors and suppliers, including a description of the work to be performed and the percentage of the work as submitted to the prime contractor/vendor.

Please note that all MBE/WBE subcontractors/suppliers must be certified by the Office of Diversity, Equity and Oppmtunity at the time of bid. The MBE/WBE Directory can be found here. Please visit, the City's MBE/WBE page for details of the program (e.g.

insh·uctions and requirements).

• Nonprofit organizations are not required to complete the rest of this form .

• Construction projects unable to identify subcontractors prior to bid submission (e.g. Design Build) are required to provide updates to the MBE/WBE Outreach Office Name of Subconh·actor/Supplier:

Type of RI Certification: □MBE □WBE □Neither

Address:

Point of Contact:

Telephone:

Email:

Detailed Description of Work to Be Performed by Subconh·actor or Materials to be Supplied by Supplier Per the Scope of Wark provided in the RFP Total Contract Value($): I Subconh·act I I Paiiicipation IValue($): Rate(%):

Anticipated Date of Performance:

I certify under penalty ofpe1jury that the forgoing statements are h·ue and correct.

Prime ContractorNendor Signature Title Date

Subcontractor/Supplier Signature Title Date

*If you did not meet the 20% MBE/WBE combined participation goal, submit a Waiver Request Form.

CITY OF PROVIDENCE: RHODE ISLAND

MBE/WBE Waiver Request Form Fill out this form only if you did not meet the 20% MBE/WBE participation goal.

State-certified MBE or WBE Prime Bidders are NOT REQUIRED to fill out this form.

Revised: 11/9/2023

Submit this form to the City of Providence MBE/WBE Outreach Director, Grace Diaz, at gdiaz@providenceri.gov, for review prior to bid submission. This waiver applies only to the current bid which you are submitting to the City of Providence and does not apply to other bids your company may submit in the future. In case a waiver is needed, City Department Directors should not recommend a bidder for an award if this form is not included, absent or is not signed by the city of Providence MBE/WBE director.

Prime Bidder: Contact E mail and Phone

Company Name, Address: Trade _ __ _ _ _ ____ _ _ _ _ _ Project /Item Description (as seen on RFP):

To receive a waiver, you must list the certified MBE and/or WBE companies you contacted, the name of the primary individual with whom you interacted and the reason the MBE/WBE company could not participate on this project '

MBE/WBE Company Individual's Name Company Name Why did you choose not to Name work with this company?

I acknowledge the City of Providence's goal of a combined MBE/WBE participation is 20% of the total bid value. I am requesting a waiver of _ __ % MBE/WBE (20% minus the value of Box Fon the Subcontractor Disclosure Form). If an opportunity is identified to subcontract any task associated with the fulfillment of this contract, a good faith effort will be made to select MBE/WBE certified businesses as partners.

Signature of Prime Contractor/ or Duly Authorized Representative

Signature of City of Providence MBE/WBE Ouh·each Director/ or Duly Authorized Representative

Printed Name

Printed Name of City of Providence MBE/WBE Ouh·each Director

Date Signed

Date Signed

BID PACKAGE SPECIFICATIONS

Overview

Scope of Work

WRJTTEN EXAMINATION FOR ENTRY LEVEL POLICE OFFICERS & DEVELOPMENT OF

STRUCTURED ORAL INTERVIEW PROCESS

Proposed Schedule

9/23/2024

Evaluation Criteria

Proposal Requests for:

WRITTEN EXAMINATION

FOR ENTRY LEVEL POLICE OFFICERS

DEVELOPMENT OF STRUCTURED ORAL INTERVIEW PROCESS

SPECIFICATIONS

SEALED PROPOSALS ARE HEREBY INVITED by the board of Contract and Supply for furnishing and delivering to the City of Providence, Department of Public Safety, POLICE DEPARTMENT, the following:

1. The city of Providence, Providence Police Department is seeking written bid proposals for an entry-level written exa_mination for the position of Police Officer. The written examination will be administered to an unknown number of applicants. During the last recruitment process (2023-2024) for the Providence Police Department over 200 applicants passed the physical agility phase and were scheduled for the written examination.

2. The test developer shall supply all necessary booklets and answer sheets to an examination administrator to be selected by the Providence Police Department,

3. The test developer will also provide expert consultation on issues such as legal defensibility, cuts scores, adverse impact and applicant flow through the process as well as statistical and adverse impact analyses. The department will forward all unused examination booklets to the test developer.

4. The department is interested in paying for the written examination based on the actual number of candidates who test and not based on anticipated projections.

The test developer will provide the Providence Police Department with a sufficient number of study guides at least six ( 6) weeks prior to the examination being administered.

5. The city of Providence, Providence Police Department is also interested in the development and construction of a structured interview process to be used as part of the selection process for the 73 rd Providence Police Academy.

The department is interested in the development of approximately 5 to 10 questions to be used during the interviews of those applicants who successfully past the entry level written examination.

6. The questions developed for the interview portion of the examination process must be developed as a result of consultation and in coordination with subject matter expe1is at the Providence Police Depaiiment. These questions must be based on the essential job functions of a Providence Police Officer.

7. The oral interview process and questions developed must be specifically customized for the Providence Police Depaiiment and must be highly defensible.

8. The interviews will be conducted by the Providence Police Depaiiment however the vendor must provide the Providence Police Department with rater training, training manuals and rating and scoring forms.

9. The oral interview process shall have no cut score. In other words there shall be no fail score for the interview process. There shall however be a fail score for the written pmiion of the examination process. These combined scored will be used by the Providence Police Department when ranking candidates.

10. The depaiiment is interested in paying for the development of an oral interview process based on the actual work performed and not based on the number of candidates interviewed. Only those applicants who successfully pass the written examination will be invited to paiiicipate in the interview process.

11. Interested examination providers must demonstrate experience and staff expertise; award of this contract will be made to the most responsible bidder.

Factors which will be considered in selecting the most responsible bidder will include, but are not limited to:

a. Cost

b. Experience and capabilities of management and staff

c. Adequacy of examination

Suggested Vendors

First Idea, Inc.

19029 East Plaza Drive Suite 200

Parker, CO 80134

Industrial/Organizational Solutions, Inc.

1127 S. Mannheim Road, Suite 203

Westchester, II 60154-2562

(888) 784-1290

Standard and Associates

309 W. Washington Street, Suite 1000

Chicago, II 60606

(800) 367-6919

SUPPLEMENTAL INFORMATION

Revised: 11/9/2023

If the issuing depaiiment for this RFP determines that your firm's bid is best suited to accommodate their need, you will be asked to provide proof of the following prior to formalizing an award.

An inability to provide the outlined items at the request of the depaiiment may lead to the disqualification of your bid.

This information is NOT requested to be provided in your initial bid that you will submit to the City Clerk's office by tlte "date to be opened" noted on page 1. This list only serves as a list of items that your firm should be ready to provide on request.

All bids submitted to the City Clerk become public record. Failure to follow instructions could result in information considered private being posted to the city's Open Meetings Portal and made available as a public record.

You must be able to provide:

• Business Tax ID will be requested after an award is approved by the Board of Contract and Supply.

• Proof of Insurance.

• Certificate of Good Standing with the Rhode Island Secretary of State.

• USE THESE BULLETS TO OUTLINE ITEMS YOU WILL NEED VENDORS TO PRODUCE

ON REQUEST IF YOU SEEK TO AW ARD THIS BID TO THEM.

Revised: 4/29/2023

CITY OF PROVIDENCE, RHODE ISLAND

CITY OF PROVIDENCE ST AND ARD TERMS & CONDITIONS

1. The terms "you" and "your" contained herein refer to the person or entity that is a party to the agreement with the City of Providence ("the City") and to such person's or entity's employees, officers, and agents.

2. The Request For Proposals ("RFP") and these Standard Terms and Conditions together constitute the entire agreement of the pmties ("the Agreement") with regard to any and all matters. By your submission of a bid proposal or response to the City's RFP, you accept these Standard Terms & Conditions and agree that they supersede any conflicting provisions provided by bid or in any terms and conditions contained or linked within a bid and/or response. Changes in the terms and conditions of the Agreement, or the scope of work thereunder, may only be made by a writing signed by the parties.

3. You are an independent contractor and in no way does this Agreement render you an employee or agent of the City or entitle you to fringe benefits, workers' compensation, pension obligations, retirement or any other employment benefits. The City shall not deduct federal or state income taxes, social security or Medicare withholdings, or any other taxes required to be deducted by an employer, and this is your responsibility to yow-self and your employees and agents.

4. You shall not assign your rights and obligations under this Agreement without the prior written consent of the City. Any assignment without prior written consent of the City shall be voidable at the election of the City. The City retains the right to refuse any and all assignments in the City's sole and absolute discretion.

5. Invoices submitted to the City shall be payable sixty

(60) days from the time of receipt by the City.

Invoices shall include support documentation necessary to evidence completion of the work being invoiced. The City may request any other reasonable documentation in support of an invoice.

The time for payment shall not commence, and invoices shall not be processed for payment, until you provide reasonably sufficient support documentation. In no circumstances shall the City be obligated to pay or shall you be entitled to receive interest on any overdue invoice or payment.

In no circumstances shall the City be obligated to pay any costs associated with your collection of an outstanding invoice.

6. For contracts involving construction, alteration, and/or repair work, the provisions of applicable state labor law concerning payment of prevailing wage rates (R.l. Gen. Laws §§ 37-13-1 et seq., as amended) and the City's First Source Ordinance (Providence Code of Ordinances §§ 21-91 et seq., as amended) apply.

7. With regard to any issues, claims, or controversies that may arise under this Agreement, the City shall not be required to submit to dispute resolution or mandatory/binding arbitration. Nothing prevents the parties from mutually agreeing to settle any disputes using mediation or non-binding arbih·ation.

8. To the fullest extent permitted by law, you shall indemnify, defend, and hold harmless the City, its employees, officers, agents, and assigns from and against any and all claims, damages, losses, allegations, demands, actions, causes of action, suits, obligations, fines, penalties, judgments, liabilities, costs and expenses, including but not limited to attorneys' fees, of any nature whatsoever arising out of, in connection with, or resulting from the performance of the work provided in the Agreement.

9. You shall maintain throughout the term of this Agreement the insurance coverage that is required by the RFP or, if none is required in the RFP, insurance coverage that is considered in your industry to be commercially reasonable, and you agree to name the City as an additional insured on your general liability policy and on any umbrella policy you carry.

1 O. The City shall not subject itself to any conh·actual limitations on liability. The City shall have the time permitted within the applicable statute of limitations, and no less, to bring or assert any and all causes of action, suits, claims or demands the City may have arising out of, in connection with, or resulting from the performance of the work provided in the Agreement, and in no event does the City agree to limit your liability to the price of the Agreement or any other monetary limit.

11. The City may terminate this Agreement upon five

(5) days' written notice to you if you fail to observe any of the terms and conditions of this Agreement, or if the City believes your ability to perform the

Revised: 4/29/2023

CITY OF PROVIDENCE, RHODE ISLAND

terms and conditions of this Agreement has been materially impaired in any way, including but in no way limited to loss of insurance coverage, lapsing of a surety bond, if required, declaration of bankruptcy, or appointment of a receiver. In the event of termination by the City, you shall be entitled to just and equitable compensation for any satisfactory work completed and expenses incurred up to the date of termination.

12. Written notice hereunder shall be deemed to have been duly served if delivered in person to the individual or member of the firm or entity or to an officer of the entity for whom it was intended, or if delivered at or sent by registered or ce1tified mail to the last business address known by the paity providing notice.

13. In no event shall the Agreement automatically renew or be extended without a writing signed by the parties.

14. You agree that products produced or resulting from the performance of the Agreement are the sole property of the City and may not be used by you without the express written permission of the City.

15. For any Agreement involving the sharing or exchange of data involving potentially confidential and/or personal information, you shall comply with any and all state and/or federal laws or regulations applicable to confidential and/or personal information you receive from the City, including but not limited to the Rhode Island Identity Theft Protection Act, R.l. Gen. Laws§ 11-49.3-1, during the term of the Agreement. You shall implement and maintain appropriate physical, technical, and administrative security measures for the protection of, and to prevent access to, use, or disclosure of, confidential and/or personal information. In the event of a breach of such information, you shall notify the City of such breach immediately, but in no event later than twenty-four (24) hours after discovery of such breach.

16. The Agreement is governed by the laws of the State of Rhode Island. You expressly submit yourself to and agree that any and all actions arising out of, in connection with, or resulting from the performance of the Agreement or relationship between the parties shall occur solely in the venue and jurisdiction of the State of Rhode Island or the federal court located in Rhode Island.

17. The failure of the City to require performance of any provision shall not affect the City's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

18. If any term or provision of this Agreement, or the application thereof to any person or circumstance shall, in any extent, be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each term and provision shall be valid and enforceable to the fullest extent permitted by law.