​Unarmed Crisis Response Implementation

REQUEST FOR PROPOSAL RFP # 24-16 UNARMED CRISIS RESPONSE IMPLEMENTATION City of Ann Arbor City Administrator’s Office Due Date: April 18, 2024 at 3:00 p.m. (local time) Issued By: City of Ann Arbor Procurement Unit 301 E. Huron Street Ann Arbor, MI 48104 https://a2central.a2gov.org/City%20Image%20Gallery/City%20Seals/City_of_Ann_Arbor_color_small1.jpg 2 TABLE OF CONTENTS SECTION I: GENERAL INFORMATION ........................................................................3 SECTION II: SCOPE OF SERVICES ........................................................................... 10 SECTION III: MINIMUM INFORMATION REQUIRED ................................................. 21 SECTION IV: ATTACHMENTS .................................................................................... 25 APPENDIX A: SAMPLE PROFESSIONAL SERVICES AGREEMENT

........................ 32 3 SECTION I - GENERAL INFORMATION A. OBJECTIVE The City of Ann Arbor is seeking the services of an agency (firm, nonprofit organization, private agency, group of cooperating agencies) in connection with implementation of the City’s Unarmed Crisis Response Program (UCRP) per City Council Resolution R-23-235 – Resolution in Support of an RFP Issuance for the Unarmed Response Program. In addition, City Council approved Resolution R-24-019 – Resolution Reaffirming the Commitment to Establish an Unarmed Crisis Response Program. In April 2021, City Council adopted Resolution R-21-129 directing the City Administrator to implement an Unarmed Crisis Response Program in the City of Ann Arbor. Such a program will utilize existing partnerships with social and human services agencies to structure a new crisis response program that would take charge of a portion of non-criminal calls for service that have historically been handled by police officers. The City explored opportunities and contracted with Public Sector Consultants (PSC) to help gather input from community members about how to develop and implement this program. The final report from the community engagement is available via: http://a2gov.legistar.com/LegislationDetail.aspx?ID=6190640&GUID=12C60357- 5F8D-4926-86BF- 917D4DDC82D8&Options=ID%7cText%7c&Search=unarmed+response The City is seeking these services for a period of two years, with the City reserving an option to extend the contract term for up to two additional one-year periods or until the period allowable to utilize APRA funding expires. This consultant will coordinate work with the City Administrator’s Office. The consultant will also assist City staff, when requested, and related administrative tasks such as devising reports, ensuring transparency, and collaborating on funding opportunities. The City Administrator’s Office will oversee the direction and quality of the work of this consultant but will not retain or exercise control over the method of the consultant’s work or the means by which the required results are accomplished. American Rescue Plan Act (ARPA) Funding The City of Ann Arbor has received funds from the United States Department of the Treasury (the “Treasury”) pursuant to the Coronavirus State and Local Fiscal Recovery Fund under CFDA 21.027 (“ARPA Funds”), under Section 602 and 603 of Title VI the Social Security Act, as amended by Section 9901 of the American Rescue Plan Act of 2021 (“ARPA”); and the City has allocated ARPA Funds to provide funding for appropriate and qualifying expenditures as allowed under the Treasury Guidance http://a2gov.legistar.com/LegislationDetail.aspx?ID=6190640&GUID=12C60357-5F8D-4926-86BF-917D4DDC82D8&Options=ID%7cText%7c&Search=unarmed+response http://a2gov.legistar.com/LegislationDetail.aspx?ID=6190640&GUID=12C60357-5F8D-4926-86BF-917D4DDC82D8&Options=ID%7cText%7c&Search=unarmed+response http://a2gov.legistar.com/LegislationDetail.aspx?ID=6190640&GUID=12C60357-5F8D-4926-86BF-917D4DDC82D8&Options=ID%7cText%7c&Search=unarmed+response 4 Interim Final Rule “Coronavirus State and Local Fiscal Recovery Funds” (86 Fed. Reg. 267878). ARPA Funds will be used, in whole or in part, for services contracted pursuant to this RFP. The contract awarded will include the City of Ann Arbor American Rescue Plan Act (ARPA) Contract Addendum which contains additional terms and conditions required by ARPA in addition to those outlined in the sample contract attached hereto. Contractor will be expected to comply with all applicable federal, state, and local regulations. If a contract is awarded, the selected contractor will be required to register in SAM.gov and provide a Unique Entity ID number to the City prior to starting any work. Bidders are encouraged to closely review the sample City of Ann Arbor American Rescue Plan Act (ARPA) Contract Addendum attached hereto. B. QUESTIONS AND CLARIFICATIONS / DESIGNATED CITY CONTACTS All questions regarding this Request for Proposal (RFP) shall be submitted via e-mail. Questions will be accepted and answered in accordance with the terms and conditions of this RFP. All questions shall be submitted on or before March 19, 2024 at 11:00 a.m., and should be addressed as follows: Scope of Work/Proposal Content questions shall be e-mailed to Milton Dohoney Jr., City Administrator – mdohoney@a2gov.org. RFP Process and Compliance questions shall be e-mailed to Colin Spencer, Buyer - CSpencer@a2gov.org Should any prospective offeror be in doubt as to the true meaning of any portion of this RFP, or should the prospective offeror find any ambiguity, inconsistency, or omission therein, the prospective offeror shall make a written request for an official interpretation or correction by the due date for questions above. All interpretations, corrections, or additions to this RFP will be made only as an official addendum that will be posted to a2gov.org and MITN.info and it shall be the prospective offeror’s responsibility to ensure they have received all addenda before submitting a proposal. Any addendum issued by the City shall become part of the RFP and must be incorporated in the proposal where applicable. C. PRE-PROPOSAL MEETING No pre-proposal meeting will be held for this RFP. Please contact staff indicated above with general questions regarding the RFP. 5 D. PROPOSAL FORMAT To be considered, each firm must submit a response to this RFP using the format provided in Section III. No other distribution of proposals is to be made by the prospective offeror. An official authorized to bind the offeror to its provisions must sign the proposal. Each proposal must remain valid for at least ninety days from the due date of this RFP. Proposals should be prepared simply and economically providing a straightforward, concise description of the offeror’s ability to meet the requirements of the RFP. No erasures are permitted. Mistakes may be crossed out and corrected and must be initialed in ink by the person signing the proposal. E. SELECTION CRITERIA Responses to this RFP will be evaluated using a point system as shown in Section III. A selection committee comprised of staff from the City will complete the evaluation. The fee proposals will not be reviewed at the initial evaluation unless there is only one bidder. If multiple proposals are received, the City will determine the top proposals, and open only those fee proposals. The City will then determine which, if any, firms will be interviewed. During the interviews, the selected firms will be given the opportunity to discuss their proposal, qualifications, past experience, and their fee proposal in more detail. The City further reserves the right to interview the key personnel assigned by the selected offeror to this project. If the City chooses to interview any respondents, the interviews will be tentatively held the week of May 13, 2024. Offeror must be available on these dates. The City has no obligation to conduct interviews, and will not conduct interviews in the event City staff determines that there are no qualifying bids. All proposals submitted may be subject to clarifications and further negotiation. All agreements resulting from negotiations that differ from what is represented within the RFP or in the proposal response shall be documented and included as part of the final contract. F. SEALED PROPOSAL SUBMISSION All proposals are due and must be delivered to the City on or before, April 18, 2024 at 3:00 p.m. (local time). Proposals submitted late or via oral, telephonic, telegraphic, electronic mail or facsimile will not be considered or accepted. Each respondent must submit in a sealed envelope: • one (1) original proposal • five (5) additional proposal copies • one (1) digital copy of the proposal preferably on a USB/flash drive as one file in PDF format 6 Each respondent must submit in a single separate sealed envelope marked Fee Proposal: • two (2) copies of the fee proposal The fee proposal and all costs must be separate from the rest of the proposal. Proposals submitted should be clearly marked: “RFP# 24-16 – Unarmed Crisis Response Implementation” and list the offeror’s name and address. Proposals must be addressed and delivered to: City of Ann Arbor c/o Customer Service 301 East Huron Street Ann Arbor, MI 48104 All proposals received on or before the due date will be publicly opened and recorded on the due date. No immediate decisions will be rendered. Hand delivered bids may be dropped off in the Purchasing drop box located in the Ann Street (north) vestibule/entrance of City Hall which is open to the public Monday through Friday from 8am to 5pm (except holidays). The City will not be liable to any prospective offeror for any unforeseen circumstances, delivery, or postal delays. Postmarking on the due date will not substitute for receipt of the proposal. Offerors are responsible for submission of their proposal. Additional time will not be granted to a single prospective offeror. However, additional time may be granted to all prospective offerors at the discretion of the City. A proposal may be disqualified if the following required forms are not included with the proposal: • Attachment B - City of Ann Arbor Non-Discrimination Declaration of Compliance • Attachment C - City of Ann Arbor Living Wage Declaration of Compliance • Attachment D - Vendor Conflict of Interest Disclosure Form of the RFP Document Proposals that fail to provide these forms listed above upon proposal opening may be deemed non-responsive and may not be considered for award. Please provide the forms outlined above (Attachments B, C and D) within your narrative proposal, not within the separately sealed Fee Proposal envelope. All proposed fees, cost or compensation for the services requested herein should be provided in the separately sealed Fee Proposal envelope only. 7 G. DISCLOSURES Under the Freedom of Information Act (Public Act 442), the City is obligated to permit review of its files, if requested by others. All information in a proposal is subject to disclosure under this provision. This act also provides for a complete disclosure of contracts and attachments thereto. H. TYPE OF CONTRACT A sample of the Professional Services Agreement is included as Appendix A. Those who wish to submit a proposal to the City are required to review this sample agreement and City of Ann Arbor American Rescue Plan Act (ARPA) Contract Addendum. The City will not entertain changes to its Professional Services Agreement. In the event that the agreement between the City and the selected offeror is structured as a pass-through grant of ARPA funds, the City will provide an ARPA Subrecipient Agreement in lieu of the Professional Services Agreement. The City reserves the right to award the total proposal, to reject any or all proposals in whole or in part, and to waive any informality or technical defects if, in the City’s sole judgment, the best interests of the City will be so served. This RFP and the selected offeror’s response thereto, shall constitute the basis of the scope of services in the contract by reference. I. NONDISCRIMINATION All offerors proposing to do business with the City shall satisfy the contract compliance administrative policy adopted by the City Administrator in accordance with the Section 9:158 of the Ann Arbor City Code. Breach of the obligation not to discriminate as outlined in Attachment B shall be a material breach of the contract. Contractors are required to post a copy of Ann Arbor’s Non-Discrimination Ordinance attached at all work locations where its employees provide services under a contract with the City. J. WAGE REQUIREMENTS The Attachments provided herein outline the requirements for payment of prevailing wages or of a “living wage” to employees providing service to the City under this contract. The successful offeror must comply with all applicable requirements and provide documentary proof of compliance when requested. K. CONFLICT OF INTEREST DISCLOSURE The City of Ann Arbor Purchasing Policy requires that the consultant complete a Conflict of Interest Disclosure form. A contract may not be awarded to the selected 8 offeror unless and until the Procurement Unit and the City Administrator have reviewed the Disclosure form and determined that no conflict exists under applicable federal, state, or local law or administrative regulation. Not every relationship or situation disclosed on the Disclosure Form may be a disqualifying conflict. Depending on applicable law and regulations, some contracts may awarded on the recommendation of the City Administrator after full disclosure, where such action is allowed by law, if demonstrated competitive pricing exists and/or it is determined the award is in the best interest of the City. A copy of the Conflict of Interest Disclosure Form is attached. L. COST LIABILITY The City of Ann Arbor assumes no responsibility or liability for costs incurred by the offeror prior to the execution of a Professional Services Agreement. The liability of the City is limited to the terms and conditions outlined in the Agreement. By submitting a proposal, offeror agrees to bear all costs incurred or related to the preparation, submission, and selection process for the proposal. M. DEBARMENT Submission of a proposal in response to this RFP is certification that the Respondent is not currently debarred, suspended, proposed for debarment, and declared ineligible or voluntarily excluded from participation in this transaction by any State or Federal departments or agency. Submission is also agreement that the City will be notified of any changes in this status. N. PROPOSAL PROTEST All proposal protests must be in writing and filed with the Purchasing Manager within five (5) business days of any notices of intent. The offeror must clearly state the reasons for the protest. If an offeror contacts a City Service Area/Unit and indicates a desire to protest an award, the Service Area/Unit shall refer the offeror to the Purchasing Manager. The Purchasing Manager will provide the offeror with the appropriate instructions for filing the protest. The protest shall be reviewed by the City Administrator or designee, whose decision shall be final. Any inquiries or requests regarding this procurement should be only submitted in writing to the Designated City Contacts provided herein. Attempts by the offeror to initiate contact with anyone other than the Designated City Contacts provided herein that the offeror believes can influence the procurement decision, e.g., Elected Officials, City Administrator, Selection Committee Members, Appointed Committee Members, etc., may lead to immediate elimination from further consideration. 9 O. SCHEDULE The proposals submitted should define an appropriate schedule in accordance with the requirements of the Proposed Work Plan in Section III. The following is the schedule for this RFP process. Activity/Event Anticipated Date Written Question Deadline March 19, 2024 by 11:00 a.m. Addenda Published (if needed) Week of April 1, 2024 Proposal Due Date April 18, 2024 by 3:00 p.m. (Local Time) Tentative Interviews (if needed) Week of May 13, 2024 Selection/Negotiations May/June/July 2024 Expected City Council Authorizations August/September 2024 The above schedule is for information purposes only and is subject to change at the City’s discretion. P. IRS FORM W-9 The selected offeror will be required to provide the City of Ann Arbor an IRS form W- 9. Q. RESERVATION OF RIGHTS 1. The City reserves the right in its sole and absolute discretion to accept or reject any or all proposals, or alternative proposals, in whole or in part, with or without cause. 2. The City reserves the right to waive, or not waive, informalities or irregularities in of any proposal if determined by the City to be in its best interest. 3. The City reserves the right to request additional information from any or all offerors. 4. The City reserves the right to reject any proposal that it determines to be unresponsive and deficient in any of the information requested within RFP. 5. The City reserves the right to determine whether the scope of the project will be entirely as described in the RFP, a portion of the scope, or a revised scope be implemented. 6. The City reserves the right to select one or more consultants to perform services. 7. The City reserves the right to retain all proposals submitted and to use any ideas in a proposal regardless of whether that proposal is selected. Submission of a proposal indicates acceptance by the firm of the conditions contained in this RFP, unless clearly and specifically noted in the proposal submitted. 8. The City reserves the right to disqualify proposals that fail to respond to any requirements outlined in the RFP, or failure to enclose copies of the required documents outlined within RFP. 10 R. ENVIRONMENTAL COMMITMENT The City of Ann Arbor recognizes its responsibility to minimize negative impacts on human health and the environment while supporting a vibrant community and economy. The City further recognizes that the products and services the City buys have inherent environmental and economic impacts and that the City should make procurement decisions that embody, promote, and encourage the City’s commitment to the environment. The City encourages potential vendors to bring forward emerging and progressive products and services that are best suited to the City’s environmental principles. SECTION II - SCOPE OF SERVICES 1. Background In April 2021, City Council adopted resolution R-21-129 directing the city administrator to implement an Unarmed Crisis Response Program in the City of Ann Arbor. Such a program would utilize existing partnerships with social and human services agencies to structure a new crisis response program that would take charge of a portion of non- criminal calls for service that have historically been handled by police officers. Responsive to Council's request, staff prepared an interim report on unarmed police response, which was provided to Council on December 21, 2021. The memo detailed staff research and understanding of the issues and proposed a path forward for building and implementing an Unarmed Crisis Response Program in the City of Ann Arbor. As directed in Resolution R-21-129, the City of Ann Arbor was tasked with exploring opportunities for an unarmed response to public safety calls in the city. The City of Ann Arbor asked Public Sector Consultants (PSC), a Lansing-based, nonpartisan research and consulting public policy firm, to help gather input from community members about how to develop and implement this program. As a part of this process, PSC conducted a series of community engagement and feedback 2022 activities, including small group discussions, town hall meetings, stakeholder interviews, and a community survey that closed on Nov. 4, 2022 to gather feedback about the goals, design, and implementation of an unarmed response program. Community feedback was used to inform program development. The final report was issued by Public Sector Consultants in March 2023 and can be viewed here: City of Ann Arbor Unarmed Cris Response Team: Community Feedback and Recommendations (PDF) Public Sector Consultants, March 2023 City Council approved Resolution R-23-235 in Support of an RFP Issuance for the City’s Unarmed Crisis Response Program. This resolution directed the City Administrator to http://a2gov.legistar.com/LegislationDetail.aspx?ID=4874520&GUID=84A3D90E-7AF3-46C9-98B8-FE4789A7DAB1&Options=ID%7cText%7c&Search=R-21-129 http://a2gov.legistar.com/LegislationDetail.aspx?ID=5365438&GUID=8F62BB3F-47AA-451F-B7AD-F56D00DC67E6&Options=ID%7cText%7c&Search=unarmed+response http://a2gov.legistar.com/LegislationDetail.aspx?ID=5365438&GUID=8F62BB3F-47AA-451F-B7AD-F56D00DC67E6&Options=ID%7cText%7c&Search=unarmed+response https://www.a2gov.org/departments/city-administrator/Documents/Unarmed%20Response%20Printable%20Community%20Survey%20PDF.pdf http://a2gov.legistar.com/LegislationDetail.aspx?ID=6190640&GUID=12C60357-5F8D-4926-86BF-917D4DDC82D8&Options=ID%7cText%7c&Search=unarmed+response http://a2gov.legistar.com/LegislationDetail.aspx?ID=6190640&GUID=12C60357-5F8D-4926-86BF-917D4DDC82D8&Options=ID%7cText%7c&Search=unarmed+response http://a2gov.legistar.com/LegislationDetail.aspx?ID=6261657&GUID=141974AE-5A4E-41BC-84F0-6866A63F2A3C&Options=ID%7cText%7c&Search=unarmed+response 11 take the necessary steps to issue an RFP aimed at procuring a third party to implement an Unarmed Crisis Response Program and obtain periodic reports from the contractor on the results of the program. When the first RFP process did not produce an acceptable bid, the City Council approved Resolution R-24-019 Reaffirming the Commitment to Establish an Unarmed Crisis Response Program in the City of Ann Arbor. 2. Objective The City of Ann Arbor is seeking proposals for a third party or partnership of agencies to implement a viable and sustainable Unarmed Crisis Response Program in the City of Ann Arbor that will immediately respond to active crisis calls that are non-criminal in nature, and which have been received through an independently established crisis line separate from 911. The Unarmed Crisis Response Program will be required to provide regular reports to the City under the terms and conditions specified by the contract negotiated with the successful bidder. 3. Requirements A. Act as general manager and perform requisite administrative functions associated with the development, administration, and daily operation of the Unarmed Crisis Response Program. The City Administrator will oversee the direction and quality of the work of this consultant but will not retain or exercise control over the method of the consultant’s work or the means by which the required results are accomplished. B. Oversee and administer all phases of the program as it expands to provide a 24/7 Unarmed Crisis Response Program within 12 months of the program’s inception. C. Collaborate with the City to ensure financial protocols, specific ARPA requirements, and administrative procedures are met. D. Create a sustainable Unarmed Crisis Response Program that is available to all Ann Arbor residents, as well as any person present within Ann Arbor city limits. E. Work with the City in Identifying, exploring and securing alternative funding sources to ensure the Unarmed Crisis Response Program remains adequately funded once ARPA funds are no longer availble. F. Create an Unarmed Crisis Response Program in a manner that intentionally lacks a direct or indirect linkage to the Ann Arbor Police Department, and dispatches through a separate telephone number and not through 911. https://a2gov.legistar.com/LegislationDetail.aspx?ID=6469766&GUID=A09856C3-92C0-4435-9218-622996FF893C&Options=ID|Text|&Search=R-24-019 12 G. Identify and focus key objectives for this program and communicate them clearly with the City and the public. H. Engage in advertising and/or outreach to educate the public regarding the method(s) by which the Unarmed Crisis Response Team can be contacted, its location and hours of operation, and the array of services offered. It is also important to be transparent about the types of calls the Unarmed Crisis Regardless of the expressed desires of the caller, the Unarmed Crisis Response Program must never dispatch teams for criminal matters including but not limited to: • Domestic violence. • Incidents where someone requires emergency medical attention. • Incidents where a weapon has been displayed or implied. • Incidents where a person is being held against their will. • Incidents where a structure or property within the structure has been set on fire. • Incidents involving an immediate threat to life or property. • Incidents involving the unlawful presence of a person on the premises. Respondent will work to proactively inform the public of these limitations. I. The Unarmed Crisis Response Program must be operated in compliance with the requirements indicated in the objective section above. J. If the intent is to engage in activities requiring licensure as a healthcare or mental health provider per the Michigan Department of Health and Human Services, please detail the agency licensure that will be provided along with the licensure of any such providers. Covered activities would include the provision of pre- hospital clinical care and / or licensed mental health activities. These are state requirements that the city cannot waive or eliminate. K. Ensure that those employed by the Unarmed Crisis Response Program hold themselves to the same standards as a mandated reporter if they observe or suspect the abuse of a minor child (MCL 722.623) or vulnerable adult (MCL 400.11a). These are state requirements that the city cannot waive or eliminate. L. Coordinate with existing emergency responders, including but not limited to fire, law enforcement, and CMH, when such coordination is necessary to ensure the safety of the caller, the public, or members of any emergency response team. M. In the event Unarmed Crisis Response Program provides service to a person or persons who are later the subject of a police investigation into events observed or recorded by, or communicated to, the Unarmed Crisis Response Program or its team members, the Unarmed Crisis Response Program must cooperate with law enforcement to the full extent required by law, taking into consideration any privilege they may lawfully assert. 13 N. Develop and implement written policies, procedures and protocols to ensure transparent communication, safety, and accountability of the Unarmed Crisis Response Program and its staff, as well as the public they serve. O. Prepare periodic reports, at a minimum of quarterly, for the City Administrator on the goals, objectives and operations of the Unarmed Crisis Response Program, including any data collected by the program, and a report out of all measurable results obtained by the program in the time period contemplated by the report. Prepare quantitative and qualitative reporting that builds an expansive comfort level with both stakeholders and questioning residents. Periodic reports must always include a full accounting of any calls to which the Unarmed Crisis Response Program responded, including any actions taken at the scene or during follow-up undertaken by the Unarmed Crisis Response Team P. When the Unarmed Crisis Response Program responds to a call, a written report must be generated containing the complete facts and circumstances of the call and any follow-up conducted by the Unarmed Crisis Response team. A template for such reports should be developed and the Unarmed Crisis Response team should be trained on the requirements of the report. Each report must be documented and preserved in a thorough and accurate way, including full names, addresses, and contact information of all parties involved or present at the scene. The person or persons responding to the call on behalf of the Unarmed Crisis Response Program must be clearly identified in the report. These business records may be subject to FOIA or subpoena. Q. All telephone calls received by the Unarmed Crisis Response Program must be recorded and preserved in a searchable database. These calls may be subject to FOIA or subpoena. R. Unarmed Crisis Response teams must call 911 immediately, or as soon as they can safely do so, if they observe or reasonably suspect a crime in progress. This is required under the law and cannot be waived or eliminated. S. Unarmed Crisis Response teams must call 911 immediately, or as soon as they can safely do so, if they observe or reasonably suspect that there is an immediate risk of self-harm, harm to a UCR team member, or harm to another person present at the scene to which they are responding. T. Prepare an annual report for the program (Deliverable). U. Participate in and provide advice in connection with the due diligence inquiry process. 14 V. Coordinate subcontractor assignments and activities including scheduling, reporting or deliverable completion to perform elements of the program. W. Establish community partnerships and successfully coordinate with existing emergency response programs to ensure that efforts are not being duplicated, and the community’s needs are being efficiently met by the most appropriate agency or organization. X. At a minimum, meet monthly with designated staff working groups, as determined by the City Administrator’s Office, to review the progress of the program and expedite any necessary City actions to better facilitate the success of the Unarmed Crisis Response Program and coordinate work as deemed necessary. Y. Develop a robust training program for Unarmed Crisis Response team members which includes, at a minimum, comprehensive de-escalation and self-defense training. Z. Develop an Unarmed Crisis Response Program model that is insurable, and provide proof of any necessary insurance, as the City’s coverage will not extend to the independent contractor chosen to implement the Unarmed Crisis Response Program, nor will the City’s governmental immunity. Consultant’s Proposal In keeping with the objective, the description, the requirements, and the consultant’s tasks as previously indicated in this Request for Proposal, the consultants submitting proposals shall outline in detail the manner in which the consultant shall work with the City to fulfill the City’s needs. The outline at a minimum shall address: A. Staffing and personnel including staffing plans, job descriptions, and recruitment strategies. B. Responders’ desired education, experience and skill sets in order to ensure they are able to practice de-escalation in rapidly changing and stress-filled environments. C. Communication and coordination. D. Compatibility with city’s standards, goals, and objectives. E. Working relationship between consultant and City staff. F. Information which will assist the City to determine the consultant’s capability of performing the work. G. How the program would ramp up over time identifying the factors that would influence it. H. Recordkeeping priorities I. Description of what Unarmed Response staff would do upon arrival of a call for service. 15 J. Any prior experience managing or providing crisis social services, either in Washtenaw County or elsewhere. K. A complete response to each of the Unarmed Crisis Response (UCR) Specific and Scenario Based Questions below. UNARMED CRISIS RESPONSE SPECIFIC and SCENARIO-BASED QUESTIONS: 1. A mother calls the Unarmed Crisis Response (UCR) team seeking help with her 15-year-old son. She is upset and crying. Through tears, the mother explains that her son recently went through a bad breakup and has been depressed and angry for several months. The mother indicates that her son is in counseling, and has recently been prescribed Zoloft, which he takes daily. The mother expresses concern that her son has been talking about killing himself, and that his thoughts of suicide have increased since he began taking Zoloft. She doesn’t want the police involved because her son had a negative police encounter a few years back and still doesn’t trust law enforcement. The mother has already called the after-hours line for her son’s pediatrician three times, but she has not received a return phone call. She is beginning to panic. Her son has locked himself in his room and refuses to open the door. She can hear that he is moving around, but he isn’t speaking to her. a. Do you feel that UCR is the most appropriate first responder to handle this call? b. Are there community partners you would collaborate with in an effort to best serve this caller and her son? c. Do you feel you have any specific legal or ethical obligations due to the nature of this call? d. How would you approach this situation and what steps would you take to help this mother and son? 2. A caller contacts the Unarmed Crisis Response (UCR) team. His words are slurred nearly beyond recognition, but your dispatcher hears, “no police” clearly and the word “unarmed”. It is unclear that there is a crisis, but if there is, you have no way of knowing from the caller’s communications what the nature of that crisis may be. Your dispatcher was unable to obtain an address from the caller before the line went dead. a. Do you feel that UCR is the most appropriate first responder to handle this call? b. Are there community partners you would collaborate with in an effort to best serve this caller? c. Do you feel you have any specific legal or ethical obligations due to the nature of this call? 16 d. How would you approach this situation and what steps would you take to help this caller? 3. A caller contacts the Unarmed Crisis Response (UCR) team seeking help for a neighborhood property line dispute. The caller indicates that he shares a fence with the neighbor immediately west of his property. They have frequently argued over the placement of the fence, as the caller believes it was intentionally built two feet beyond the legal property line to usurp a portion of his property. He believes this was done in response to his purchase of two Great Danes, a breed of dog his neighbor openly fears due to their imposing size. Neither party can afford to hire a surveyor to settle the dispute. a. Do you feel that UCR is the most appropriate first responder to handle this call? b. Are there community partners you would reach out to in an effort to best serve this caller? c. Do you feel you have any specific legal or ethical obligations due to the nature of this call? d. How would you approach this situation and what steps would you take to help this caller? 4. You arrive at the scene of a welfare check initiated by a concerned citizen who has not seen or heard from her elderly neighbor in several days. The caller indicates this is very unusual, as her neighbor always starts the day with a cup of coffee on his deck, and she waves to him every day as she starts and ends her morning run. When you arrive at the scene, you see nothing out of the ordinary that would indicate a crime has occurred. You knock repeatedly, but one answers the door. a. Do you feel that UCR is the most appropriate first responder to handle this call? b. Are there community partners you would collaborate with in an effort to best serve this caller? c. Do you feel you have any specific legal or ethical obligations due to the nature of this call? d. How would you approach this situation and what steps would you take to help this caller and her neighbor? 5. A caller contacts the Unarmed Crisis Response (UCR) team. She is calm in demeanor but is responding to the UCR dispatcher’s questions as if she is talking to her sister. The caller indicates she won’t be able to attend the family dinner because she isn’t feeling well, but hopes that she’ll be able to see her sister very soon. The caller then states, “I mean, I really wish that I could see you right 17 now, but I just can’t leave the house today.” She whispers, “Please, no cops”, and the call abruptly ends. As a stand-alone UCRP, you do not have access to the Law Enforcement Information Network (LEIN), and cannot trace the caller’s number back to an address. Your system was able to capture the caller’s phone number. a. Do you feel that UCR is the most appropriate first responder to handle this call? b. Are there community partners you would collaborate with in an effort to best serve this caller? c. Do you feel you have any specific legal or ethical obligations due to the nature of this call? d. How would you approach this situation and what steps would you take to help this caller? 6. A caller contacts the Unarmed Crisis Response (UCR) team for help with her estranged husband. The caller explains that she and her husband recently separated due to his substance abuse issues, and he is temporarily living in a hotel in downtown Ann Arbor. She indicates that he has been calling all night threatening to kill himself if she doesn’t let him come home. The caller indicates that she doesn’t believe he has a weapon, and that he hasn’t said anything specific about how he intends to kill himself. They have two small children, and she doesn’t want him to “get in any trouble over this.” When the UCR team arrives at the scene, he yells from the other side of the door that his estranged wife is “a liar” and only wants to get him in trouble “so she can get full custody.” He admits that he’s been thinking about killing himself, “Just to make it all stop”, but does not want help “from you or anyone else.” Despite your team’s best efforts, the man refuses to open the door, demands that you leave, and ultimately stops answering your questions. a. Do you feel that UCR is the most appropriate first responder to handle this call? b. Are there community partners you would collaborate with in an effort to best serve this caller? c. Do you feel you have any specific legal or ethical obligations due to the nature of the call or your observations at the scene? d. How would you approach this situation and what steps would you take to help this caller? 7. A business owner contacts the Unarmed Crisis Response (UCR) team for help with a young woman who is asking customers for money as they enter and exit his store. He does not want to involve the police but feels that her presence is interfering with business. The caller indicates that the woman is very politely 18 refusing to leave because it’s pouring rain, and she is protected from the weather in Nickels Arcade. She has told the caller, “I don’t have anywhere to go, anyway.” a. Do you feel that UCR is the most appropriate first responder to handle this call? b. Are there community partners you would collaborate with in an effort to best serve this caller? c. Do you feel you have any specific legal or ethical obligations due to the nature of this call? d. How would you approach this situation and what steps would you take to help this caller? 8. A child calls the Unarmed Crisis Response (UCR) team. She indicates that she is 9, and her mother taught her to call the UCR number instead of the police. She says the number is programmed in her mother’s phone as “Help”, so it’s easier for her to make the call if she’s alone. The child is clearly scared. She indicates that her mom hasn’t come out of her room yet, and the bedroom door is locked. She says she heard her mom arguing with her dad last night, but that her dad left for work like normal, and “made me breakfast and everything.” She tried to call her dad, but “he can’t always answer when he’s at work.” a. Do you feel that UCR is the most appropriate first responder to handle this call? b. Are there community partners you would collaborate with in an effort to best serve this caller? c. Do you feel you have any specific legal or ethical obligations due to the nature of this call? d. How would you approach this situation and what steps would you take to help this family? 9. A young woman calls the Unarmed Crisis Response (UCR) team and indicates her sister is in an active mental health crisis. She indicates, “This isn’t like the normal ones. She doesn’t seem to know who I am and she’s afraid of me.” She doesn’t want the police involved, because ‘We’ve been doing this for years and years, and they only make it worse.” She also doesn’t want CMH called because “They’ll just take her for evaluation again, and nothing they’ve ever done made her better. She’s more scared of hospitals than she is of the police.” a. Do you feel that UCR is the most appropriate first responder to handle this call? b. Are there community partners you would collaborate with in an effort to best serve this caller? 19 c. Do you feel you have any specific legal or ethical obligations due to the nature of this call? d. How would you approach this situation and what steps would you take to help this family? 10. You have dispatched an Unarmed Crisis Response (UCR) team to the scene of a disagreement between two friends over a lease agreement they recently signed to share an apartment in the fall. Both parties have been drinking. Despite your team’s training in de-escalation techniques, the situation is becoming increasingly volatile. One of the callers is holding a glass beer bottle, and your team observes him flip the bottle over and grip it like a weapon. He begins to approach his friend with the bottle in his hand. a. Do you feel that UCR was the appropriate first responder to handle this call when it initially came in? b. Do you feel you have any specific legal or ethical obligations based on the way this interaction is unfolding? c. How would you approach this situation and what steps would you take to keep those present at the scene, including the members of your crisis response team, safe from harm? 11. You are called to a home by a caller who believes his 19-year-old daughter is using heroin and wants help connecting her to services within the community without subjecting her to potential legal consequences. He explains that her mother died a year ago, and he “just can’t get through to her the way her mom did.” Upon arriving at the home, your team finds the front door standing open and hears a verbal argument inside. Your team hears the father say, “I am just trying to help you!” and observes the daughter pushing her father away from her as he tries to give her a hug. The daughter comes to the door and asks the team to leave. Your team observes that she has abscesses around the injection sites on her arms. The daughter doesn’t deny using, but clearly states that she doesn’t want your help. She shuts and locks the door. a. Do you feel that UCR was the appropriate first responder to handle this call when it initially came in? b. Do you feel you have any specific legal or ethical obligations based on the way this interaction is unfolding? c. Are there community partners you would collaborate with in an effort to best serve this caller and his daughter? d. How would you approach this situation and what steps would you take to help this family? 20 12. You are called to a home by a caller who is hearing footsteps coming from the second floor of his home even though he lives alone. He explains that he suffers from auditory hallucinations due to schizophrenia but does not believe he is hallucinating at this time. The caller sounds very anxious. He indicates that he has armed himself with a knife “just in case”. The caller whispers, “I would have called 911 if I didn’t have a warrant, because I’m telling you, there’s somebody up there.” a. Do you feel that UCR is the appropriate first responder to handle this call? b. Do you feel you have any specific legal or ethical obligations due to the facts and circumstances surrounding this call? c. Are there community partners you would collaborate with in an effort to best serve this caller? d. How would you approach this situation and what steps would you take to respond to this caller’s crisis? 13. What programs and services are you aware of that currently provide crisis response and/or crisis intervention in the City of Ann Arbor? How would you propose to coordinate with other programs to ensure that services are not duplicated, and the needs of the people you serve are met efficiently and effectively? 14. What legal issues do you believe you are most likely to encounter in building and sustaining a successful UCR in the City of Ann Arbor. Who are your legal advisors, and do they have experience with the specific legal obstacles UCR programs face? 15. What obstacles and challenges do you foresee in building and sustaining a viable UCR in the City of Ann Arbor, and how do you propose to overcome these potential problems? 16. Does your organization have grant writing experience? If so, please provide information on the specific grants your organization has sought in the past, summarize the purpose of each grant, and indicate whether or not your proposals were accepted. If you are presently operating with grant funding, please indicate how the funds are being utilized to meet the objectives of the grant and your organization. 17. Is your leadership team able to devote 100% of their time to creating and sustaining an Unarmed Crisis Response Program in the City of Ann Arbor, or are there other obligations you must meet simultaneously? If you must split your 21 time, what legal, ethical or operational considerations do you believe your organization will face as a result? How will you navigate these potential pitfalls. 18. Are there any circumstances in which your organization would initiate police contact through 911 without the consent of the initial caller? SECTION III - MINIMUM INFORMATION REQUIRED PROPOSAL FORMAT Offerors should organize Proposals into the following Sections: A. Professional Qualifications B. Past Involvement with Similar Projects C. Proposed Work Plan D. Responses to UCR Specific and Scenario Based Questions E. Fee Proposal (include in a separate sealed envelope clearly marked “Fee Proposal”) F. Authorized Negotiator G. Attachments The following describes the elements that should be included in each of the proposal sections and the weighted point system that will be used for evaluation of the proposals. A. Professional Qualifications – 10 points 1. State the full name and address of your organization and, if applicable, the branch office or other subsidiary element that will perform, or assist in performing, the work hereunder. Indicate whether it operates as an individual, partnership, or corporation. If as a corporation, include whether it is licensed to operate in the State of Michigan. 2. Include the name of executive and professional personnel by skill and qualification that will be employed in the work. Show where these personnel will be physically located during the time they are engaged in the work. Indicate which of these individuals you consider key to the successful completion of the project. Identify only individuals who will do the work on this project by name and title. Resumes and qualifications are required for all proposed project personnel, including all subcontractors. Qualifications and capabilities of any subcontractors must also be included. 3. State history of the firm, in terms of length of existence, types of services provided, etc. Identify the technical details that make the firm uniquely qualified for this work. 22 B. Past involvement with Similar Projects – 10 points The written proposal must include a list of specific experience in the project area and indicate proven ability in implementing similar projects and the individuals to be involved in the project. A complete list of client references must be provided for similar projects recently completed. The list shall include the firm/agency name, address, telephone number, project title, and contact person. C. Proposed Work Plan – 35 points Provide a detailed and comprehensive description of how the offeror intends to provide the services requested in this RFP. This description shall include, but not be limited to: how the project will be managed and scheduled; what data your organization will collect, and how and when data and materials will be delivered to the City; how your organization intends to respond to FOIA requests and/or subpoenas; your vision for communication and coordination with the City, the public, and existing crisis response programs; the working relationship between the offeror and City staff; how the project will scale to meet the requirement of providing 24/7 service within one year; what training you will require before being dispatched to an active crisis situation; and the company’s general philosophy in regard to providing the requested services in the City of Ann Arbor. Offerors shall be evaluated on the clarity, thoroughness, and content of their responses to the above items. D. Unarmed Crisis Response Specific and Scenario Based Questions – 35 Points Respondents must provide detailed answers to the questions provided in this section. Answers will be scored qualitatively for thoroughness and completeness, as well as the demonstrated ability to recognize and adjust to an evolving crisis scene, and a thorough understanding of the legal and ethical obligations specific to crisis response work. E. Fee Proposal - 10 points Fee schedules shall be submitted in a separate, sealed, envelope as part of the proposal. Fee quotations are to include the names, title, hourly rates, overhead factors, and any other relevant details. The proposal should highlight key staff and positions that would likely be involved with projects. Offerors shall be capable of justifying the details of the fee proposal relative to personnel costs, overhead, how the overhead rate is derived, material and time. 23 F. Authorized Negotiator Include the name, phone number, and e-mail address of persons(s) in your organization authorized to negotiate the agreement with the City. G. Attachments Legal Status of Offeror, Conflict of Interest Form, Living Wage Compliance Form, and the Non-Discrimination Form should be returned with the proposal. These elements should be included as attachments to the proposal submission. PROPOSAL EVALUATION 1. The selection committee will evaluate each proposal by the above-described criteria and point system (A through C) to select a short-list of firms for further consideration. The City reserves the right to reject any proposal that it determines to be unresponsive and deficient in any of the information requested for evaluation. A proposal with all the requested information does not guarantee the proposing firm to be a candidate for an interview. The committee may contact references to verify material submitted by the offerors. 2. The committee then will schedule interviews with the selected firms if necessary. The selected firms will be given the opportunity to discuss in more detail their qualifications, past experience, proposed work plan and fee proposal. 3. The interview must include the project team members expected to complete a majority of work on the project, but no more than six members total. The interview shall consist of a presentation of up to thirty minutes (or the length provided by the committee) by the offeror, including the person who will be the project manager on this contract, followed by approximately thirty minutes of questions and answers. Audiovisual aids may be used during the oral interviews. The committee may record the oral interviews. 4. The firms interviewed will then be re-evaluated by the above criteria (A through D), and adjustments to scoring will be made as appropriate. After evaluation of the proposals, further negotiation with the selected firm may be pursued leading to the award of a contract by City Council, if suitable proposals are received. The City reserves the right to waive the interview process and evaluate the offerors based on their proposals and fee schedules alone and open fee schedules before or prior to interviews. The City will determine whether the final scope of the project to be negotiated will be entirely as described in this RFP, a portion of the scope, or a revised scope. 24 Work to be done under this contract is generally described through the detailed specifications and must be completed fully in accordance with the contract documents. Any proposal that does not conform fully to these instructions may be rejected. PREPARATION OF PROPOSALS Proposals should have no plastic bindings but will not be rejected as non-responsive for being bound. Staples or binder clips are acceptable. Proposals should be printed double sided on recycled paper. Proposals should not be more than 30 sheets (60 sides), not including required attachments and resumes. Each person signing the proposal certifies that they are a person in the offeror’s firm/organization responsible for the decisions regarding the fees being offered in the Proposal and has not and will not participate in any action contrary to the terms of this provision. ADDENDA If it becomes necessary to revise any part of the RFP, notice of the addendum will be posted to Michigan Inter-governmental Trade Network (MITN) www.mitn.info and/or the City of Ann Arbor web site www.A2gov.org for all parties to download. Each offeror must acknowledge in its proposal all addenda it has received. The failure of an offeror to receive or acknowledge receipt of any addenda shall not relieve the offeror of the responsibility for complying with the terms thereof. The City will not be bound by oral responses to inquiries or written responses other than official written addenda. 25 SECTION IV - ATTACHMENTS Attachment A - Legal Status of Offeror Attachment B – Non-Discrimination Ordinance Declaration of Compliance Form Attachment C – Living Wage Declaration of Compliance Form Attachment D – Vendor Conflict of Interest Disclosure Form Attachment E – Non-Discrimination Ordinance Poster Attachment F – Living Wage Ordinance Poster 26 ATTACHMENT A LEGAL STATUS OF OFFEROR (The Respondent shall fill out the provision and strike out the remaining ones.) The Respondent is: • A corporation organized and doing business under the laws of the state of _____________, for whom bearing the office title of ____________, whose signature is affixed to this proposal, is authorized to execute contracts on behalf of respondent.* *If not incorporated in Michigan, please attach the corporation’s Certificate of Authority • A limited liability company doing business under the laws of the State of ____________, whom _____________________ bearing the title of ________________________ whose signature is affixed to this proposal, is authorized to execute contract on behalf of the LLC. • A partnership organized under the laws of the State of and filed with the County of , whose members are (attach list including street and mailing address for each.) • An individual, whose signature with address, is affixed to this RFP. Respondent has examined the basic requirements of this RFP and its scope of services, including all Addendum (if applicable) and hereby agrees to offer the services as specified in the RFP. Date: , Signature (Print) Name _______________________________ Title ____________________________ Firm: ______________________________________________________________________ Address: ___________________________________________________________________ Contact Phone ____________________ Fax _____________________ Email ___________________________ 27 ATTACHMENT B CITY OF ANN ARBOR DECLARATION OF COMPLIANCE Non-Discrimination Ordinance The “non discrimination by city contractors” provision of the City of Ann Arbor Non-Discrimination Ordinance (Ann Arbor City Code Chapter 112, Section 9:158) requires all contractors proposing to do business with the City to treat employees in a manner which provides equal employment opportunity and does not discriminate against any of their employees, any City employee working with them, or any applicant for employment on the basis of actual or perceived age, arrest record, color, disability, educational association, familial status, family responsibilities, gender expression, gender identity, genetic information, height, HIV status, marital status, national origin, political beliefs, race, religion, sex, sexual orientation, source of income, veteran status, victim of domestic violence or stalking, or weight. It also requires that the contractors include a similar provision in all subcontracts that they execute for City work or programs. In addition the City Non-Discrimination Ordinance requires that all contractors proposing to do business with the City of Ann Arbor must satisfy the contract compliance administrative policy adopted by the City Administrator. A copy of that policy may be obtained from the Purchasing Manager The Contractor agrees: (a) To comply with the terms of the City of Ann Arbor’s Non-Discrimination Ordinance and contract compliance administrative policy. (b) To post the City of Ann Arbor’s Non-Discrimination Ordinance Notice in every work place or other location in which employees or other persons are contracted to provide services under a contract with the City. (c) To provide documentation within the specified time frame in connection with any workforce verification, compliance review or complaint investigation. (d) To permit access to employees and work sites to City representatives for the purposes of monitoring compliance, or investigating complaints of non-compliance. The undersigned states that he/she has the requisite authority to act on behalf of his/her employer in these matters and has offered to provide the services in accordance with the terms of the Ann Arbor Non-Discrimination Ordinance. The undersigned certifies that he/she has read and is familiar with the terms of the Non-Discrimination Ordinance, obligates the Contractor to those terms and acknowledges that if his/her employer is found to be in violation of Ordinance it may be subject to civil penalties and termination of the awarded contract. ________________________________________________________ Company Name ________________________________________________________ Signature of Authorized Representative Date ________________________________________________________ Print Name and Title ________________________________________________________ Address, City, State, Zip ________________________________________________________ Phone/Email address Questions about the Notice or the City Administrative Policy, Please contact: Procurement Office of the City of Ann Arbor (734) 794-6500 Revised 3/31/15 Rev. 0 NDO-2 . 28 ATTACHMENT C CITY OF ANN ARBOR LIVING WAGE ORDINANCE DECLARATION OF COMPLIANCE The Ann Arbor Living Wage Ordinance (Section 1:811-1:821 of Chapter 23 of Title I of the Code) requires that an employer who is (a) a contractor providing services to or for the City for a value greater than $10,000 for any twelve- month contract term, or (b) a recipient of federal, state, or local grant funding administered by the City for a value greater than $10,000, or (c) a recipient of financial assistance awarded by the City for a value greater than $10,000, shall pay its employees a prescribed minimum level of compensation (i.e., Living Wage) for the time those employees perform work on the contract or in connection with the grant or financial assistance. The Living Wage must be paid to these employees for the length of the contract/program. Companies employing fewer than 5 persons and non-profits employing fewer than 10 persons are exempt from compliance with the Living Wage Ordinance. If this exemption applies to your company/non-profit agency please check here [___] No. of employees__ The Contractor or Grantee agrees: (a) To pay each of its employees whose wage level is not required to comply with federal, state or local prevailing wage law, for work covered or funded by a contract with or grant from the City, no less than the Living Wage. The current Living Wage is defined as $15.90/hour for those employers that provide employee health care (as defined in the Ordinance at Section 1:815 Sec. 1 (a)), or no less than $17.73/hour for those employers that do not provide health care. The Contractor or Grantor understands that the Living Wage is adjusted and established annually on April 30 in accordance with the Ordinance and covered employers shall be required to pay the adjusted amount thereafter to be in compliance with Section 1:815(3). Check the applicable box below which applies to your workforce [___] Employees who are assigned to any covered City contract/grant will be paid at or above the applicable living wage without health benefits [___] Employees who are assigned to any covered City contract/grant will be paid at or above the applicable living wage with health benefits (b) To post a notice approved by the City regarding the applicability of the Living Wage Ordinance in every work place or other location in which employees or other persons contracting for employment are working. (c) To provide to the City payroll records or other documentation within ten (10) business days from the receipt of a request by the City. (d) To permit access to work sites to City representatives for the purposes of monitoring compliance, and investigating complaints or non-compliance. (e) To take no action that would reduce the compensation, wages, fringe benefits, or leave available to any employee covered by the Living Wage Ordinance or any person contracted for employment and covered by the Living Wage Ordinance in order to pay the living wage required by the Living Wage Ordinance. The undersigned states that he/she has the requisite authority to act on behalf of his/her employer in these matters and has offered to provide the services or agrees to accept financial assistance in accordance with the terms of the Living Wage Ordinance. The undersigned certifies that he/she has read and is familiar with the terms of the Living Wage Ordinance, obligates the Employer/Grantee to those terms and acknowledges that if his/her employer is found to be in violation of Ordinance it may be subject to civil penalties and termination of the awarded contract or grant of financial assistance. ___________________________________________________ ________________________________________________ Company Name Street Address ___________________________________________________ ________________________________________________ Signature of Authorized Representative Date City, State, Zip ___________________________________________________ ________________________________________________ Print Name and Title Phone/Email address City of Ann Arbor Procurement Office, 734/794-6500, procurement@a2gov.org Rev. 3/7/23 29 ATTACHMENT D VENDOR CONFLICT OF INTEREST DISCLOSURE FORM All vendors interested in conducting business with the City of Ann Arbor must complete and return the Vendor Conflict of Interest Disclosure Form in order to be eligible to be awarded a contract. Please note that all vendors are subject to comply with the City of Ann Arbor’s conflict of interest policies as stated within the certification section below. If a vendor has a relationship with a City of Ann Arbor official or employee, an immediate family member of a City of Ann Arbor official or employee, the vendor shall disclose the information required below. 1. No City official or employee or City employee’s immediate family member has an ownership interest in vendor’s company or is deriving personal financial gain from this contract. 2. No retired or separated City official or employee who has been retired or separated from the City for less than one (1) year has an ownership interest in vendor’s Company. 3. No City employee is contemporaneously employed or prospectively to be employed with the vendor. 4. Vendor hereby declares it has not and will not provide gifts or hospitality of any dollar value or any other gratuities to any City employee or elected official to obtain or maintain a contract. 5. Please note any exceptions below: Conflict of Interest Disclosure* Name of City of Ann Arbor employees, elected officials or immediate family members with whom there may be a potential conflict of interest. ( ) Relationship to employee ____________________________________ ( ) Interest in vendor’s company ( ) Other (please describe in box below) *Disclosing a potential conflict of interest does not disqualify vendors. In the event vendors do not disclose potential conflicts of interest and they are detected by the City, vendor will be exempt from doing business with the City. I certify that this Conflict of Interest Disclosure has been examined by me and that its contents are true and correct to my knowledge and belief and I have the authority to so certify on behalf of the Vendor by my signature below: Vendor Name Vendor Phone Number Signature of Vendor Authorized Representative Date Printed Name of Vendor Authorized Representative Questions about this form? Contact Procurement Office City of Ann Arbor Phone: 734/794-6500, procurement@a2gov.org 30 ATTACHMENT E CITY OF ANN ARBOR NON-DISCRIMINATION ORDINANCE Relevant provisions of Chapter 112, Nondiscrimination, of the Ann Arbor City Code are included below. You can review the entire ordinance at www.a2gov.org/humanrights. Intent: It is the intent of the city that no individual be denied equal protection of the laws; nor shall any individual be denied the enjoyment of his or her civil or political rights or be discriminated against because of actual or perceived age, arrest record, color, disability, educational association, familial status, family responsibilities, gender expression, gender identity, genetic information, height, HIV status, marital status, national origin, political beliefs, race, religion, sex, sexual orientation, source of income, veteran status, victim of domestic violence or stalking, or weight. Discriminatory Employment Practices: No person shall discriminate in the hire, employment, compensation, work classifications, conditions or terms, promotion or demotion, or termination of employment of any individual. No person shall discriminate in limiting membership, conditions of membership or termination of membership in any labor union or apprenticeship program. Discriminatory Effects: No person shall adopt, enforce or employ any policy or requirement which has the effect of creating unequal opportunities according to actual or perceived age, arrest record, color, disability, educational association, familial status, family responsibilities, gender expression, gender identity, genetic information, height, HIV status, marital status, national origin, political beliefs, race, religion, sex, sexual orientation, source of income, veteran status, victim of domestic violence or stalking, or weight for an individual to obtain housing, employment or public accommodation, except for a bona fide business necessity. Such a necessity does not arise due to a mere inconvenience or because of suspected objection to such a person by neighbors, customers or other persons. Nondiscrimination by City Contractors: All contractors proposing to do business with the City of Ann Arbor shall satisfy the contract compliance administrative policy adopted by the City Administrator in accordance with the guidelines of this section. All city contractors shall ensure that applicants are employed and that employees are treated during employment in a manner which provides equal employment opportunity and tends to eliminate inequality based upon any classification protected by this chapter. All contractors shall agree not to discriminate against an employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, or a matter directly or indirectly related to employment, because of any applicable protected classification. All contractors shall be required to post a copy of Ann Arbor's Non- Discrimination Ordinance at all work locations where its employees provide services under a contract with the city. Complaint Procedure: If any individual believes there has been a violation of this chapter, he/she may file a complaint with the City’s Human Rights Commission. The complaint must be filed within 180 calendar days from the date of the individual's knowledge of the allegedly discriminatory action or 180 calendar days from the date when the individual should have known of the allegedly discriminatory action. A complaint that is not filed within this timeframe cannot be considered by the Human Rights Commission. To file a complaint, first complete the complaint form, which is available at www.a2gov.org/humanrights. Then submit it to the Human Rights Commission by e- mail (hrc@a2gov.org), by mail (Ann Arbor Human Rights Commission, PO Box 8647, Ann Arbor, Ml 48107), or in person (City Clerk’s Office). For further information, please call the commission at 734-794-6141 or e-mail the commission at hrc@a2gov.org. Private Actions For Damages or Injunctive Relief: To the extent allowed by law, an individual who is the victim of discriminatory action in violation of this chapter may bring a civil action for appropriate injunctive relief or damages or both against the person(s) who acted in violation of this chapter. THIS IS AN OFFICIAL GOVERNMENT NOTICE AND MUST BE DISPLAYED WHERE EMPLOYEES CAN READILY SEE IT. 31 ATTACHMENT F CITY OF ANN ARBOR LIVING WAGE ORDINANCE RATE EFFECTIVE APRIL 30, 2023 - ENDING APRIL 29, 2024 $15.90 per hour $17.73 per hour If the employer provides health If the employer does NOT care benefits* provide health care benefits* Employers providing services to or for the City of Ann Arbor or recipients of grants or financial assistance from the City of Ann Arbor for a value of more than $10,000 in a twelve-month period of time must pay those employees performing work on a City of Ann Arbor contract or grant, the above living wage. ENFORCEMENT The City of Ann Arbor may recover back wages either administratively or through court action for the employees that have been underpaid in violation of the law. Persons denied payment of the living wage have the right to bring a civil action for damages in addition to any action taken by the City. Violation of this Ordinance is punishable by fines of not more than $500/violation plus costs, with each day being considered a separate violation. Additionally, the City of Ann Arbor has the right to modify, terminate, cancel or suspend a contract in the event of a violation of the Ordinance. * Health Care benefits include those paid for by the employer or making an employer contribution toward the purchase of health care. The employee contribution must not exceed $.50 an hour for an average work week; and the employer cost or contribution must equal no less than $1/hr for the average work week. The Law Requires Employers to Display This Poster Where Employees Can Readily See It. For Additional Information or to File a Complaint contact Colin Spencer at 734/794-6500 or cspencer@a2gov.org GSA/PSA/WSA 4-20-23 1 2. DURATION A. The obligations of this Agreement shall apply beginning on the Effective Date and this Agreement shall remain in effect until satisfactory completion of the Services unless terminated as provided for in this Agreement. 3. SERVICES A. Contractor shall perform all Services in compliance with this Agreement. The City retains the right to make changes to the quantities of Services within the general scope of the Agreement at any time by a written order. If the changes add to or deduct from the extent of the Services, the compensation shall be adjusted accordingly. All such changes shall be executed under the conditions of the original Agreement. B. Quality of Services under this Agreement shall be of the level of quality performed by persons regularly rendering this type of service. Determination of acceptable quality shall be made solely by the Contract Administrator. C. Contractor shall perform Services in compliance with all applicable statutory, regulatory, and contractual requirements now or hereafter in effect. Contractor shall also comply with and be subject to City policies applicable to independent contractors. APPENDIX A - SAMPLE CONTRACT PROFESSIONAL SERVICES AGREEMENT BETWEEN [TBD] AND THE CITY OF ANN ARBOR FOR [TBD] This agreement (“Agreement”) is between the City of Ann Arbor, a Michigan municipal corporation, 301 E. Huron St. Ann Arbor, Michigan 48104 ("City"), and [TBD], a(n) [TBD] __________, [TBD], [TBD], [TBD] [TBD] (“Contractor”). City and Contractor agree as follows: 1. DEFINITIONS Administering Service Area/Unit means [TBD]. Contract Administrator means [TBD], acting personally or through any assistants authorized by the Administrator/Manager of the Administering Service Area/Unit. Deliverables means all documents, plans, specifications, reports, recommendations, and other materials developed for and delivered to City by Contractor under this Agreement. Effective Date means the date this Agreement is signed by the last party to sign it. Project means [TBD]. Services means [TBD] as further described in Exhibit A. GSA/PSA/WSA 4-20-23 2 D. Contractor may rely upon the accuracy of reports and surveys provided by the City, except when a defect should have been apparent to a reasonably competent professional or when Contractor has actual notice of a defect. 4. INDEPENDENT CONTRACTOR A. The parties agree that at all times and for all purposes under the terms of this Agreement each party’s relationship to any other party shall be that of an independent contractor. Each party is solely responsible for the acts of its own employees, agents, and servants. No liability, right, or benefit arising out of any employer-employee relationship, either express or implied, shall arise or accrue to any party as a result of this Agreement. B. Contractor does not have any authority to execute any contract or agreement on behalf of the City, and is not granted any authority to assume or create any obligation or liability on the City’s behalf, or to bind the City in any way. 5. COMPENSATION OF CONTRACTOR A. The total amount of compensation paid to Contractor under this Agreement shall not exceed $0.00, which shall be paid upon invoice by Contractor to the City for services rendered according to the schedule in Exhibit B. Compensation of Contractor includes all reimbursable expenses unless a schedule of reimbursable expenses is included in an attached Exhibit B. Expenses outside those identified in the attached schedule must be approved in advance by the Contract Administrator. B. Payment shall be made monthly following receipt of invoices submitted by Contractor and approved by the Contract Administrator, unless a different payment schedule is specified in Exhibit B. C. Contractor shall be compensated for additional work or Services beyond those specified in this Agreement only when the scope of and compensation for the additional work or Services have received prior written approval of the Contract Administrator. D. Contractor shall keep complete records of work performed (e.g. tasks performed, hours allocated, etc.) so that the City may verify invoices submitted by Contractor. Such records shall be made available to the City upon request and submitted in summary form with each invoice. 6. INSURANCE/INDEMNIFICATION A. Contractor shall procure and maintain from the Effective Date or Commencement Date of this Agreement (whichever is earlier) through the conclusion of this Agreement, such insurance policies, including those required by this Agreement, as will protect itself and the City from all claims for bodily injury, death, or property damage that may arise under this Agreement; whether the act(s) or omission(s) giving rise to the claim were made by Contractor, Contractor’s subcontractor, or anyone employed by Contractor GSA/PSA/WSA 4-20-23 3 or Contractor’s subcontractor directly or indirectly. Prior to commencement of work under this Agreement, Contractor shall provide documentation to the City demonstrating Contractor has obtained the policies and endorsements required by this Agreement. Contractor shall provide such documentation in a form and manner satisfactory to the City. Currently, the City requires insurance to be submitted through its contractor, myCOI. Contractor shall add registration@mycoitracking.com to its safe sender’s list so that it will receive necessary communication from myCOI. When requested, Contractor shall provide the same documentation for its subcontractors. B. All insurance providers of Contractor shall be authorized to do business in the State of Michigan and shall carry and maintain a minimum rating assigned by A.M. Best & Company’s Key Rating Guide of “A-” Overall and a minimum Financial Size Category of “V”. Insurance policies and certificates issued by non-authorized insurance companies are not acceptable unless approved in writing by the City. C. To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold the City and its officers, employees, and agents harmless from all suits, claims, judgments, and expenses, including attorney's fees, resulting or alleged to result, from an act or omission by Contractor or Contractor’s employees or agents occurring in the performance or breach of this Agreement, except to the extent that any suit, claim, judgment, or expense are finally judicially determined to have resulted from the City’s negligence, willful misconduct, or failure to comply with a material obligation of this Agreement. The obligations of this paragraph shall survive the expiration or termination of this Agreement. D. Contractor is required to have the following minimum insurance coverage: 1. Professional Liability Insurance or Errors and Omissions Insurance protecting Contractor and its employees - $1,000,000. 2. Commercial General Liability Insurance equivalent to, as a minimum, Insurance Services Office form CG 00 01 04 13 or current equivalent. The City of Ann Arbor shall be an additional insured. There shall be no added exclusions or limiting endorsements that diminish the City’s protections as an additional insured under the policy. $1,000,000 Each occurrence as respect Bodily Injury Liability or Property Damage Liability, or both combined $2,000,000 Per project General Aggregate $1,000,000 Personal and Advertising Injury 3. Worker's Compensation Insurance in accordance with all applicable state and federal statutes; also, Employers Liability Coverage for: Bodily Injury by Accident - $500,000 each accident Bodily Injury by Disease - $500,000 each employee Bodily Injury by Disease - $500,000 each policy limit 4. Motor Vehicle Liability Insurance equivalent to, as a minimum, Insurance Services Office form CA 00 01 10 13 or current equivalent. Coverage shall include all owned vehicles, all non-owned vehicles and all hired vehicles. The GSA/PSA/WSA 4-20-23 4 City of Ann Arbor shall be an additional insured. There shall be no added exclusions or limiting endorsements that diminish the City’s protections as an additional insured under the policy. The limits of liability shall be $1,000,000 for each occurrence as respects Bodily Injury Liability or Property Damage Liability, or both combined. 5. Umbrella/Excess Liability Insurance shall be provided to apply in excess of the Commercial General Liability, Employers Liability and the Motor Vehicle coverage enumerated above, for each occurrence and for aggregate in the amount of $1,000,000. E. Commercial General Liability Insurance and Motor Vehicle Liability Insurance (if required by this Agreement) shall be considered primary as respects any other valid or collectible insurance that the City may possess, including any self-insured retentions the City may have; and any other insurance the City does possess shall be considered excess insurance only and shall not be required to contribute with this insurance. Contractor agrees to waive any right of recovery by its insurer against the City for any insurance listed herein. F. Insurance companies and policy forms are subject to approval of the City Attorney, which approval shall not be unreasonably withheld. Documentation must provide and demonstrate an unconditional and unqualified 30-day written notice of cancellation in favor of the City of Ann Arbor. Further, the documentation must explicitly state the following: (a) the policy number(s); name of insurance company; name(s), email address(es), and address(es) of the agent or authorized representative; name and address of insured; project name; policy expiration date; and specific coverage amounts; (b) any deductibles or self-insured retentions, which may be approved by the City in its sole discretion; (c) that the policy conforms to the requirements specified. Contractor shall furnish the City with satisfactory certificates of insurance and endorsements prior to commencement of any work. If any of the above coverages expire by their terms during the term of this Agreement, Contractor shall deliver proof of renewal and/or new policies and endorsements to the Administering Service Area/Unit at least ten days prior to the expiration date. 7. WAGE AND NONDISCRIMINATION REQUIREMENTS A. Nondiscrimination. Contractor shall comply, and require its subcontractors to comply, with the nondiscrimination provisions of MCL 37.2209. Contractor shall comply with the provisions of Section 9:158 of Chapter 112 of Ann Arbor City Code and assure that Contractor’s applicants for employment and employees are treated in a manner which provides equal employment opportunity. B. Living Wage. If Contractor is a “covered employer” as defined in Chapter 23 of Ann Arbor City Code, Contractor must comply with the living wage provisions of Chapter 23 of Ann Arbor City Code, which requires Contractor to pay those employees providing Services to the City under this Agreement a “living wage,” as defined in Section 1:815 of the Ann Arbor City Code, as adjusted in accordance with Section 1:815(3); to post a notice approved by the City of the applicability of Chapter 23 in every location in which regular or contract employees providing services under this Agreement are working; to maintain records of compliance; if requested by the City, to provide documentation to verify compliance; to take no action that would reduce the GSA/PSA/WSA 4-20-23 5 compensation, wages, fringe benefits, or leave available to any employee or person contracted for employment in order to pay the living wage required by Section 1:815; and otherwise to comply with the requirements of Chapter 23. 8. REPRESENTATIONS AND WARRANTIES BY CONTRACTOR A. Contractor warrants that the quality of Services shall conform to the level of quality performed by persons regularly rendering this type of service. B. Contractor warrants that it has all the skills, experience, and professional and other licenses necessary to perform the Services. C. Contractor warrants that it has available, or will engage at its own expense, sufficient trained employees to provide the Services. D. Contractor warrants that it has no personal or financial interest in this Agreement other than the fee it is to receive under this Agreement. Contractor certifies that it will not acquire any such interest, direct or indirect, which would conflict in any manner with the performance of the Services. Contractor certifies that it does not and will not employ or engage any person with a personal or financial interest in this Agreement. E. Contractor warrants that it is not, and shall not become overdue or in default to the City for any contract, debt, or any other obligation to the City, including real and personal property taxes. Further Contractor agrees that the City shall have the right to set off any such debt against compensation awarded for Services under this Agreement. F. Contractor warrants that its bid or proposal for services under this Agreement was made in good faith, that it arrived at the costs of its proposal independently, without consultation, communication, or agreement for the purpose of restricting competition as to any matter relating to such costs with any competitor for these services; and no attempt has been made or will be made by Contractor to induce any other person or entity to submit or not to submit a bid or proposal for the purpose of restricting competition. G. The person signing this Agreement on behalf of Contractor represents and warrants that they have express authority to sign this Agreement for Contractor and agrees to hold the City harmless for any costs or consequences of the absence of actual authority to sign. H. The obligations, representations, and warranties of this section 8 shall survive the expiration or termination of this Agreement. 9. OBLIGATIONS OF THE CITY A. The City shall give Contractor access to City properties and project areas as required to perform the Services. B. The City shall notify Contractor of any defect in the Services of which the Contract Administrator has actual notice. GSA/PSA/WSA 4-20-23 6 10. ASSIGNMENT A. Contractor shall not subcontract or assign any portion of any right or obligation under this Agreement without prior written consent from the City. Notwithstanding any consent by the City to any assignment, Contractor shall at all times remain bound to all warranties, certifications, indemnifications, promises, and performances required of Contractor under the Agreement unless specifically released from the requirement in writing by the City. B. Contractor shall retain the right to pledge payments due and payable under this Agreement to third parties. 11. TERMINATION OF AGREEMENT A. If either party is in breach of this Agreement for a period of 15 days following receipt of notice from the non-breaching party with respect to the breach, the non-breaching party may pursue any remedies available against the breaching party under applicable law, including the right to terminate this Agreement without further notice. The waiver of any breach by any party to this Agreement shall not waive any subsequent breach by any party. B. The City may terminate this Agreement, on at least 30 days’ advance notice, for any reason, including convenience, without incurring any penalty, expense, or liability to Contractor, except the obligation to pay for Services actually performed under the Agreement before the termination date. C. Contractor acknowledges that if this Agreement extends for several fiscal years, continuation of this Agreement is subject to appropriation of funds through the City budget process. If funds are not appropriated or otherwise made available, the City shall have the right to terminate this Agreement without penalty at the end of the last period for which funds have been appropriated or otherwise made available by giving written notice of termination to Contractor. The Contract Administrator shall give Contractor written notice of such non-appropriation within 30 days after the Contract Administrator has received notice of such non-appropriation. D. The expiration or termination of this Agreement shall not release either party from any obligation or liability to the other party that has accrued at the time of expiration or termination, including a payment obligation that has already accrued and Contractor’s obligation to deliver all Deliverables due as of the date of termination of the Agreement. 12. REMEDIES A. This Agreement does not, and is not intended to, impair, divest, delegate, or contravene any constitutional, statutory, or other legal right, privilege, power, obligation, duty, or immunity of the parties. B. All rights and remedies provided in this Agreement are cumulative and not exclusive, and the exercise by either party of any right or remedy does not preclude the exercise GSA/PSA/WSA 4-20-23 7 of any other rights or remedies that may now or subsequently be available at law, in equity, by statute, in any other agreement between the parties, or otherwise. C. Absent a written waiver, no act, failure, or delay by a party to pursue or enforce any right or remedy under this Agreement shall constitute a waiver of that right with regard to any existing or subsequent breach of this Agreement. No waiver of any term, condition, or provision of this Agreement, whether by conduct or otherwise, shall be deemed or construed as a continuing waiver of any term, condition, or provision of this Agreement. No waiver by either party shall subsequently affect the waiving party’s right to require strict performance of this Agreement. 13. NOTICE All notices and submissions required under this Agreement shall be delivered to the respective party in the manner described herein to the address stated below or such other address as either party may designate by prior written notice to the other. Notices given under this Agreement shall be in writing and shall be personally delivered, sent by next day express delivery service, certified mail, or first class U.S. mail postage prepaid, and addressed to the person listed below. Notice will be deemed given on the date when one of the following first occur: (1) the date of actual receipt; (2) the next business day when notice is sent next day express delivery service or personal delivery; or (3) three days after mailing first class or certified U.S. mail. If Notice is sent to Contractor: [TBD] ATTN: [TBD] [TBD] [TBD], [TBD] [TBD] If Notice is sent to the City: City of Ann Arbor ATTN: [TBD] 301 E. Huron St. Ann Arbor, Michigan 48104 With a copy to: The City of Ann Arbor ATTN: Office of the City Attorney 301 East Huron Street, 3rd Floor Ann Arbor, Michigan 48104 14. CHOICE OF LAW AND FORUM This Agreement will be governed and controlled in all respects by the laws of the State of Michigan, including interpretation, enforceability, validity and construction, excepting the principles of conflicts of law. The parties submit to the jurisdiction and venue of the Circuit Court for Washtenaw County, State of Michigan, or, if original jurisdiction can be established, the United States District Court for the Eastern District of Michigan, Southern Division, with respect to any action arising, directly or indirectly, out of this Agreement or the performance or breach of this Agreement. The parties stipulate that the venues referenced in this Agreement are convenient GSA/PSA/WSA 4-20-23 8 and waive any claim of non-convenience. 15. OWNERSHIP OF DOCUMENTS Upon completion or termination of this Agreement, all Deliverables prepared by or obtained by Contractor as provided under the terms of this Agreement shall be delivered to and become the property of the City. Original basic survey notes, sketches, charts, drawings, partially completed drawings, computations, quantities, and other data shall remain in the possession of Contractor as instruments of service unless specifically incorporated in a Deliverable, but shall be made available, upon request, to the City without restriction or limitation on their use. The City acknowledges that the documents are prepared only for the Services. Prior to completion of the Services the City shall have a recognized proprietary interest in the work product of Contractor. 16. CONFLICTS OF INTEREST OR REPRESENTATION Contractor certifies it has no financial interest in the Services to be provided under this Agreement other than the compensation specified herein. Contractor further certifies that it presently has no personal or financial interest, and shall not acquire any such interest, direct or indirect, which would conflict in any manner with its performance of the Services under this Agreement. Contractor agrees to advise the City if Contractor has been or is retained to handle any matter in which its representation is adverse to the City and to obtain the City’s consent therefor. The City’s prospective consent to Contractor’s representation of a client in matters adverse to the City, as identified above, will not apply in any instance where, as the result of Contractor’s representation, Contractor has obtained sensitive, proprietary, or otherwise confidential information of a non- public nature that, if known to another client of Contractor, could be used in any such other matter by the other client to the material disadvantage of the City. Each matter will be reviewed on a case by case basis. 17. SEVERABILITY OF PROVISIONS Whenever possible, each provision of this Agreement will be interpreted in a manner as to be effective and valid under applicable law. However, if any provision of this Agreement or the application of any provision to any party or circumstance is prohibited by or invalid under applicable law, that provision will be ineffective to the extent of the prohibition or invalidity without invalidating the remainder of the provisions of this Agreement or the application of the provision to other parties and circumstances. 18. EXTENT OF AGREEMENT This Agreement, together with all Exhibits constitutes the entire understanding between the City and Contractor with respect to the subject matter of the Agreement and it supersedes, unless otherwise incorporated by reference herein, all prior representations, negotiations, agreements, or understandings, whether written or oral. Neither party has relied on any prior representations in entering into this Agreement. No terms or conditions of either party’s invoice, purchase order, or other administrative document shall modify the terms and conditions of this Agreement, regardless of the other party’s failure to object to such terms or conditions. This Agreement shall be binding on and shall inure to the benefit of the parties to this Agreement and their permitted GSA/PSA/WSA 4-20-23 9 successors and permitted assigns and nothing in this Agreement, express or implied, is intended to or shall confer on any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement. This Agreement may only be altered, amended, or modified by written amendment signed by Contractor and the City. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. 19. ELECTRONIC TRANSACTION The parties agree that signatures on this Agreement may be delivered electronically or by facsimile in lieu of an physical signature and agree to treat electronic or facsimile signatures as binding. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK; SIGNATURE PAGES FOLLOW] GSA/PSA/WSA 4-20-23 10 CITY OF ANN ARBOR By: Name: Milton Dohoney Jr. Title: City Administrator [TBD] By: Name: Title: Date: /d1 Date: Approved as to substance: By: Name: Title: Date: Approved as to form: By: Name: Atleen Kaur Title: City Attorney Date: EXHIBIT A Scope of Services EXHIBIT B Compensation CITY OF ANN ARBOR AMERICAN RESCUE PLAN ACT (ARPA) CONTRACT ADDENDUM Notice: The contract or purchase order to which this addendum is attached is made using federal assistance provided to the City of Ann Arbor by the U.S. Department of Treasury under the American Rescue Plan Act (“ARPA” and “ARPA Funds”), Sections 602(b) and 603(b) of the Social Security Act, Pub. L. No. 117-2 (March 11, 2021). In using such funds, the City must comply with the terms of ARPA, regulations issued by the U.S. Department of the Treasury (“Treasury”) governing the expenditure of monies distributed from the ARPA Funds (including, without limitation, the Interim Final Rule (86 Fed. Reg. 26,786 (May 17, 2021) and Final Rule (87 Fed. Reg. 4,338 (Jan. 27, 2022)), the Award Terms and Conditions applicable to the ARPA Funds, and such other guidance as Treasury has issued or may issue governing the expenditure of monies distributed from the ARPA Funds (collectively, the “Regulatory Requirements”). Additionally, pursuant to the Regulatory Requirements, the City must comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200 other than such provisions as Treasury has determined or may determine are inapplicable to the ARPA Funds and pursuant to 2 C.F.R. §200.327 the City must include within any contract applicable provisions described in Appendix II to 2 C.F.R. Part 200, each of which is contained in this Addendum. The following terms and conditions apply to you, the contractor or vendor, as a contractor of the City of Ann Arbor, according to the City’s Award Terms and Conditions; by ARPA and its implementing regulations; and as established by the Treasury Department. 1. ARPA Requirements. Contractor agrees to comply with the requirements of Section 603 of ARPA, the Treasury’s regulations implementing that section, and guidance issued by Treasury regarding the foregoing. Contractor also agrees to