PVD24-49-Police-RFP- Providence Mounted Command Horse Feeds and Supplememts FY25 One Year Contract with Two One Year Options - MT#44524.pdf

Revised: 11/9/2023

BOARD OF CONTRACT AND SUPPLY

CITY OF PROVIDENCE, RHODE ISLAND

REQUEST FOR PROPOSALS

Item Description: PROVIDENCE MOUNTED COMMAND HORSE FEED AND SUPPLEMENTS- FY25- ONE YEAR

CONTRACT WITH TWO ONE YEAR OPTIONS

Procurement/MinuteTraq #: 44524

Date to be opened: 4/22/2024

Issuing Department: Providence Police Department

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 conesponding 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 department's subject matter expert:

o Name: Sgt. Steven Courville o Title: Mounted Command o Email Address: scourville@providenceri.gov

Pre-bid Conference

There is no Pre-bid conference.

Deadline for questions submissions:

QUESTIONS ARE DUE FRIDAY APRIL 12, 2024 BY 4 PM

BOARDOFCONTRACTANDSUPPLY

CITY OF PROVIDENCE, RHODE ISLAND

INSTRUCTIONS FOR SUBMISSION

Meeting Date: 4/22/2024

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 fonn 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 Department Office or online at http://www.providenceri.gov/purchasing/how-to-su bmit-a-bid/

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

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

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

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

• Bid F01m 4: Affidavit of City Vendor (see pages 9 and JO 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.providenceri.gov/purchasing/minority-women-owned-business-mbewbe-procurement program/

*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 based on preferable payment te1ms 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 certificate 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 started 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 certify 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 certified 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 partial delivery will not be allowed except when provided for in blanket or term contracts.

The following entries apply only for CONS�RUCTION 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.

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 a unit price bid, please insert "Unit Price Bid"

Use additional pages if necessary for additional bidding details.

Signature of Representation

Title

BID FORM 2: Certification of Bidder

(Non-Discrimination/Hiring)

Revised: 11/9/2023

Upon behalf of ___________________ (Firm or Individual Bidding), !, ________________ _ _____ _,_ 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 certify 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 Department and the issuing department for this RFP/RFQ have made a conscious effort to request that sensitive/personal information be submitted directly to the issuing depaiiment and only at request if verification of specific details is critical the evaluation of a vendor's bid.

3. The requested supplemental info1mation 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 depaiiment'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 depaiiment at the discretion of the bidder in order to protect other information, such as pricing terms, from becoming public. Bidders 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 (JO) 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, paitnership, 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 ofEntity ____________________________ _

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? D 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? D Yes D 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 □ 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 ofpetjury.

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 WBEOwned Business Enterprise certification with the State of Rhode Island? (Check all that annlv).

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 ce1tified by the Office of Diversity, Equity and Opp01tunity 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.

instructions 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 Subcontractor/Supplier:

Type of RI Certification: □MBE □WBE □Neither Address:

Point of Contact:

Telephone:

Email:

Detailed Description of Work to Be Performed by Subcontractor or Materials to be Supplied by Supplier Per the Scope of Wark provided in the RFP Total Contract Value($): I Subcontract I I Pmticipation I Value($): Rate(%):

Anticipated Date of Performance:

I ce1tify under penalty ofpe1jury that the forgoing statements are true and correct.

Prime Contractor/Vendor 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.

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 Email and Phone

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

To receive a waiver, you must list the ce1tified MBE and/or WBE companies you contacted, the name of the primary individual with w h • t t d d th th MBE/WBE Id t t· • t th" • t om you m erac e , an e reason e compan) cou no pm 1c1pa e on 1s prn1ec .

MBE/WBE Company Individual's Name Company Name

Name

Why did you choose not to 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 F on the Subcontractor Disclosure Form). If an opportunity is identified to subcontract any task associated with the fulfillment of this contract, a good faith effo1t will be made to select MBE/WBE ce1tified businesses as partners.

Signature of Prime Contractor / or Duly Authorized Representative

Signature of City of Providence MBE/WBE Outreach Director / or Duly Authorized Representative

Printed Name

Printed Name of City of Providence MBE/WBE Outreach Director

Date Signed

Date Signed

BID PACKAGE SPECIFICATIONS

Overview

The City is seeking qualified bidders to supply wholesale horse feed and supplies for livestock.

Scope of Work

PROVIDENCE MOUNTED COMMAND HORSE FEED AND

SUPPLEMENTS JULY 1, 2024 - JUNE 30,2025

One Year Contract with Two One Year Options for Renewal.

Proposed Schedule

4/22/2024

Evaluation Criteria

General:

Quantity:

PROVIDENCE MOUNTED COMMAND

HORSE FEED AND SUPPLEMENTS

July 1. 2024 - June 30, 2025

Purina Enrich

Minimum% crude protein: 32% Minimum% crude fat: 5%

Maximum % crude fiber: 5 .5%

Up to 6 ,500 pounds in fifty (50) pound bags.

Unit Price Per 50 lb. Bag $ _______ _

TOTAL Price of Pelleted Feed $ _______ _

IF BIDDING AN EXCEPTION TO THE BRAND SPECIFIED, PLEASE STATE: _______ _ _ ___ _

General:

Quantity:

Purina Impact Hay Stretcher Horse Feed

Minimum% crude protein:

Minimum % crude fat:

Maximum % crude fiber:

11.5%

2%

26%

Up to 3, 750 pounds in fifty (50) pound bags.

Unit Price Per 50 lb. Bag $ _______ _

TOTAL Price of Pelleted Feed $ _ ____ _ __

IF BIDDING AN EXCEPTION TO THE BRAND SPECIFIED, PLEASE STATE: ____________ _

General:

Quantity:

Purina Outlast Gastric Support Supplement

Minimum% crude protein:

Minimum % crude fat:

Maximum % crude fiber:

18%

1. 10%

17%

Up to 5 ,000 pounds in fifty (50) pound bags.

Unit Price Per 50 lb. Bag $ ____ ___ _

TOTAL Price of Supplement $ _______ _

IF BIDDING AN EXCEPTION TO THE BRAND SPECIFIED, PLEASE STATE: ________ ____ _

General:

Quantity:

Farnam Sand Clear Digestive Aid

Up to 20 twenty lb. buckets

Unit Price Per 20 lb. bucket $ ___ ____ _

TOTAL Price of Sand Clear $ _______ _

IF BIDDING AN EXCEPTION TO THE BRAND SPECIFIED, PLEASE STATE: _ __ _________ _

General:

Quantity:

Farriers Formula Double Strength

Up to three 66 pounds in eleven (11) pound bags

Unit Price Per 11 lb. bag $ _______ _

TOTAL Price of Farriers Formula $ _______ _

IF BIDDING AN EXCEPTION TO THE BRAND SPECIFIED, PLEASE STATE: ____________ _

General:

Quantity:

Purina Carb Conscious Horse Treats

Up to 20 five lb. bags

Unit Price Per 5 lb. bag $ _______ _

TOTAL Price of Purina Treats $ _ ______ _

IF BIDDING AN EXCEPTION TO THE BRAND SPECIFIED, PLEASE STATE: ___ ________ __

General:

Quantity:

7.3 Large Horse Himalayan Salt Rope

Up to 100 Salt Ropes

Unit Price Per Salt Rope $ ______ __

TOTAL Price of Salt Ropes $. _______ _

IF BIDDING AN EXCEPTION TO THE BRAND SPECIFIED, PLEASE STATE: ___________ _

Shipping/Freight Costs per Delivery$ _____ _

DELIVERY TO:

Providence Police Mounted Command

Roger Williams Park

1000 Elmwood Avenue

Providence, RI 02907

SUPPLEMENTAL INFORMATION

Revised: 11/9/2023

If the issuing department 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 the "date to be opened" noted on page 1. This list only serves as a list of items that yourfirm 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 A WARD THIS BID TO THEM.

Revised: 4/29/2023

CITY OF PROVIDENCE, RHODE ISLAND

CITY OF PROVIDENCE STANDARD 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 parties ("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 pmties.

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 yourself 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 ofreceipt 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.I. 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 pmties from mutually agreeing to settle any disputes using mediation or non-binding arbitration.

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, ifnone 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.

10. The City shall not subject itself to any contractual 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, ifrequired, 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 party providing notice.

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

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.I. 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.