HomeMy WebLinkAbout158-10 RESOLUTIONRESOLUTION NO. 158-10
A RESOLUTION AWARDING RFP # 10-11 AND APPROVING A
CONTRACT WITH PLANTE & MORAN, PLLC, IN AN AMOUNT NOT TO
EXCEED $60,000.00, FOR THE PERFORMANCE OF A CITY-WIDE
INFORMATION TECHNOLOGY ASSESSMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards RFP
# 10-11 and approves a contract, a copy of which is attached as Exhibit "A," with Plante &
Moran, PLLC, in an amount not to exceed $60,000.00, for the performance of a city-wide
information technology assessment.
PASSED and APPROVED this 7th day of September, 2010.
APPROVED:
ATTEST:
By.
BY:
ELD J ,Mayor
RA E. SMITH, City Clerk/Treasurer
City of Fayetteville
RFP 10-11, City-wide Information Technology Assessment
Contract Agreement
This contract executed this 747 day of
2010, between the City of Fayetteville, Arkansas, and
Plante & Moran, PLLC .In consideration of the mutual covenants contained herein, the parties agree as follows.
WITNESSETH:
WHEREAS, City has previously determined that it has a need for a CITY-WIDE INFORMATION
TECHNOLOGY ASSESSMENT SERVICES; and
WHEREAS, City, after soliciting competitive proposals for such services pursuant to City of
Fayetteville RFP 10-11 (herein after referred to as Request for Proposal or RFP), City has awarded this contract
to Plante & Moran, PLLC; and
WHEREAS, Plante & Moran, PLLC has represented that it is able to satisfactorily provide these
services according to the terms and conditions of the RFP, which are incorporated herein by reference, and the
terms and conditions are contained herein; and
NOW THEREFORE, in consideration of the above and mutual covenants contained herein, the parties
agree as follows:
1. Services to be Performed: Plante & Moran, PLLC hereby agrees to provide the City with A CITY-
WIDE INFORMATION TECHNOLOGY ASSESSMENT SERVICES, as requested and more specifically
outlined in the RFP, this agreement, and all subsequent official documents that form the Contract Documents
for this Agreement.
2. Time of Service: Services shall be performed in a timely manner, according to the following project
schedule:
Action
City Council Deadline
Agenda Session
City Council Meeting - award contract
Notice to Proceed
Date & Time
Friday, August 20, 2010
Tuesday, August 31, 2010
Tuesday, September 07, 2010
City of Fayetteville
RFP 10-11, City -Wide IT Assessment
Contract
Page 1 of 5
Friday, September 10, 2010
Firm begins work
Monday, September 13, 2010
On site info gathering (week of)
Monday, September 13, 2010
Preliminary results meeting on site
TBD
Final DRAFT due
Friday, October 22, 2010
Final report due - presented to City
Tuesday, October 26, 2010
3. Term of Agreement: Services performed pursuant to this Contract shall commence upon execution of
this agreement and continue until project is complete, unless canceled or terminated within thirty (30) days
written notice by either party.
4. Amendment of Contract: This Contract may be amended only by mutual agreement of the parties.
5. Assignment and Subcontracting: Plante & Moran, PLLC shall perform this contract. No assignment or
subcontracting shall be allowed without the prior written consent of the City. In the event of a corporate
acquisition and/or merger, Plante & Moran, PLLC shall provide written notice to the City within thirty (30)
business days of such notice of action or upon the occurrence of said action, whichever occurs first. The right
to terminate this contract, which shall not be unreasonably exercised by the City, shall include, but not be
limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are
contrary to any local, state, or federal laws. Action by the City awarding a proposal to a Proposer, which has
disclosed its intent to assign or subcontract in its response to the RFP, without exception shall constitute
approval for purposes of this Agreement.
6. Cancellation: The City of Fayetteville reserves the right to cancel this Contract, without cause, by giving
thirty (30) days notice to Contractor of the intent to cancel, or with cause if at any time Contractor fails to
fulfill or abide by any of the terms or conditions specified.
Failure of the Plante & Moran, PLLC to comply with any of the provisions of this contract shall be
considered a material breach of contract and shall be cause for immediate termination of the contract at the
discretion of the City of Fayetteville.
In addition to all other legal remedies available to the City of Fayetteville, the City reserves the right to
cancel and obtain from another source any services which have not been provided within the period of time
City of Fayetteville
RFP 10-11, City -Wide IT Assessment
Contract
Page 2 of 5
stated in the proposal, or if no such time is stated, within a reasonable period of time from the date of order or
request, as determined by the City.
In the event that sufficient budgeted funds are not available for a fiscal period, the City shall notify
Plante & Moran, PLLC of such occurrence and the Contract shall terminate on the last day of the then current
fiscal period without penalty or expense to the City. The City reserves the right to terminate within the thirty
(30) day notice because of budgetary issues.
7. Compensation: As compensation for Plante & Moran, PLLC providing services to the City as described
herein, the City shall pay Plante & Moran, PLLC in arrears, based on the submission of invoices for work
completed and properly authorized. Compensation to Plante & Moran, PLLC for all services presented in the
scope of work will be provided to the city for a not to exceed price of $60 000.00.
8. Permits & Licenses: Plante & Moran, PLLC shall secure and maintain any and all permits and licenses
required to complete this contract.
9. Minimum Insurance Requirements: Plante & Moran, PLLC shall maintain insurance in at least the
amounts required in the RFP throughout the term of this contract. Plante & Moran, PLLC must provide a
Certificate of Insurance in accordance with the insurance requirements listed within the RFP, evidencing such
coverage prior to issuance of a purchase order or commencement of any work under this contract. Plante &
Moran, PLLC shall ensure that any subcontractors or persons hired by subcontractors maintain the same level of
insurance coverage as Plante & Moran, PLLC.
10. Indemnification: Plante & Moran, PLLC shall indemnify, pay the cost of defense, including but not
limited to attorneys' fees, and hold harmless the City from all suits, actions or claims of any character brought
on account of any injuries or damages received or sustained by any person, persons, or property by or from the
said Plante & Moran, PLLC; or by, or in consequence of any neglect in safeguarding the work; or on account of
any act or omission, neglect or misconduct of Plante & Moran, PLLC; or by, or on account of, any claim or
amounts recovered under the Workers' Compensation Law or of any other laws, by-laws, ordinances, order of
decree, except only such injury or damage as shall have been occasioned by the sole negligence of the City of
Fayetteville. The first ten dollars ($10.00) of compensation received by Plante & Moran, PLLC represents
specific consideration for this indemnification obligation.
City of Fayetteville
RFP 10-11, City -Wide IT Assessment
Contract
Page 3 of 5
11. Governing Law & Jurisdiction: Legal jurisdiction to resolve any disputes shall be Washington County,
Arkansas with Arkansas law applying to the case.
12. Severability: The terms and conditions of this agreement shall be deemed to be severable.
Consequently, if any clause, term, or condition hereof shall be held to be illegal or void, such determination
shall not affect the validity of legality of the remaining terms and conditions, and notwithstanding any such
determination, this agreement shall continue in full force and effect unless the particular clause, term, or
condition held to be illegal or void renders the balance of the agreement impossible to perform.
13. Changes in Scope or Price: Changes, modifications, or amendments in scope, price, or fees to this
contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City
Council in advance of the change in scope, cost or fees.
14. Freedom of Information Act: Documents prepared while performing city contractual work are subject to
the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of
Fayetteville, Plante & Moran, PLLC will do everything possible to provide the documents in a prompt and
timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.) Only
legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance.
15. Documents Comprising Contract: The contract shall include this Agreement for CITY-WIDE
INFORMATION TECHNOLOGY ASSESSMENT SERVICES, as well as the following documents, which are
incorporated herein by reference.
a. Appendix A: City of Fayetteville's Request for Proposal and all of its addenda and
attachments issued on or about Friday, July 2, 2010;
Appendix B: Plante & Moran, PLLC's August 18, 2010 revised Terms and Conditions.
c. Appendix C: Plante & Moran, PLLC's Proposal; and
d. Appendix D: Plante & Moran, PLLC's Certificate of Insurance as required, listing the City as
an additional insured.
City of Fayetteville
RFP 10-11, City -Wide IT Assessment
Contract
Page 4 of 5
If there is a conflict between the terms of this Agreement and the above referenced documents, the conflict
shall be resolved as follows: the terms of this Agreement shall prevail over the other documents, and the terms
of the remaining documents shall be given preference in their above listed order.
WITNESS OUR HANDS THIS 74 DAY 0
ATT C P Y SECRUARY
2-7tte/v A/o/tr7h4ts—re-a• Seterlif-t‘szol
BUSINESS ADDRESS
La ,2010.
CITY OF FAYETTEVILLE,
FAYETTEVILLE, ARKANSAS
LI NELD Jt • I I, Mayor
Atte t:
0/'\0_9
Sondra Smith, City Clerk
BY
CONTRACTOR
A c.,414-1 12v.ithv
FAvcr keit
City of Fayetteville
RFP 10-11, City -Wide IT Assessment
Contract
Page 5 of 5
NAME AND TITLE
Don Marr
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
9/7/2010
City Council Meeting Date
Agenda Items Only
Administration
Division
Action Required:
Administration
Department
A contract awarding RFP 10-11 to Plante & Moran, PLLC in an amount not to exceed $60,000 to conduct a city-wide
information technology assessment.
60,000.00
Cost of this request
4470.9470.5315.00
Account Number
10013.1
Project Number
Budgeted Item
X
80,000.00
Category / Project Budget
19,187.00
IT Assessment & Project Mgmt.
Program Category / Project Name
IT Improvements
Funds Used to Date Program / Project Category Name
60,813.00
Sales Tax Capital
Remaining Balance Fund Name
Budget Adjustment Attached
-Pcuil
Department Director
g-19-2,00
Date
e57-.20 —
Date
Finan�e and Internal S (L
f(ijfrjt)4"" Pl2
ices Director Date
Date
Or7/ o
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in City
Clerk's Office 08-20-10P02:46 RCVD
Comments:
Revised January 15, 2009
ARKANSAS
City Council Agenda Memo
City Council Meeting Date:
9/7/2010
To: Mayor and Members of the City Council
From: Don Marr, Chief of Staff
Thru: Mayor Jordan
Date: 8/20/2010
Subject: RFP 10-11 Information Technology Assessment Services
Recommendation:
The RFP 10-11 Selection Committee recommends that the City of Fayetteville, AR contract with
Plante & Moran PLLC for conducting a city-wide information technology assessment and the
development of a road map based on the findings of the IT Assessment that can be utilized for CIP
and Budget Planning purposes.
Background:
During the Capital Improvement Projects Budget for 2010, the City Council approved $80,000 for a
IT Technology Assessment Project. City Staff followed the Professional Services selection
process as outlined in City Purchasing policies. The Selection committee reviewed 8 proposals
that were submitted in response to the City's RFP request, and the committee short listed two (2)
finalist. Each finalist visited on-site and made presentations to the Selection Committee. The
Selection Committee recommends the selected contractor unanimously. This IT assessment is
focused on determining the current state and capabilities of the City's existing IT infrastructure
and operations in regards to meeting the future needs and goals of the City. The assessment
provides an independent analysis of the State of existing IT infrastructure, the state of current IT
Governance practices, and the state of current IT management processes. The assessment will
also provide an evaluation of current IT staffing levels and capabilities, and review of our existing
applications portfolio, and will make recommendations regarding current and future applications
portfolios and provide benchmarking data of IT operations against similarly situated cities, and
finally this assessment will provide full recommendations regarding all aspects of Information
Technology within the scope of the assessment. This contract is capped at $60,000. The
proposed contract is attached, along with the RFP 10-11 response that is referenced in the
contract attached
Budget Impact:
$80,000 is budgeted in the CIP and 2010 Approved Budget, for IT Assessment. We will be utilizing
this budget and we believe the use of this expertise will allow us to better define a road map for
future IT expenditures and productivity/efficiency and cost improvements for the City's IT
projects.
113 West Mountain 72701 (479) 575-8323 accessfayetteville.org
TDD (Telecommunications Device for the Deaf) (479)-521-1316
RESOLUTION NO.
A RESOLUTION AWARDING RFP # 10-11 AND APPROVING A
CONTRACT WITH PLANTE & MORAN, PLLC, IN AN AMOUNT NOT TO
EXCEED $60,000.00, FOR THE PERFORMANCE OF A CITY-WIDE
INFORMATION TECHNOLOGY ASSESSMENT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards RFP
# 10-11 and approves a contract, a copy of which is attached as Exhibit "A," with Plante &
Moran, PLLC, in an amount not to exceed $60,000.00, for the performance of a city-wide
information technology assessment.
PASSED and APPROVED this 7t1 day of September, 2010.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
a
e
RFP 10-11, Appendix A
City issued RFP - Info. ONLY
No Signatures Required
City of Fayetteville, Arkansas
Purchasing Division — Room 306
113W. Mountain
Fayetteville, AR 72701
ARKANSAS Phone: 479.575.8220
TDD (Telecommunication Device for the Deaf): 479.521.1316
REQUEST FOR PROPOSAL: RFP 10-11, City-wide Information Technology Assessment
DEADLINE: Thursday, July 22, 2010 at 2:00 PM, Central Standard Time
DELIVERY LOCATION: Room 306 — 113 W. Mountain, Fayetteville, AR 72701
PURCHASING AGENT: Andrea Foren, CPPB, aforenci.fayetteville.ar.us, 479.575.8220
DATE OF ISSUE AND ADVERTISEMENT: Friday, July 2, 2010
REQUEST FOR PROPOSAL
RFP 10-11, City-wide Information Technology Assessment
No late proposals will be accepted. RFP's shall be submitted in sealed envelopes labeled "RFP 10-11, City-
wide Information Technology Assessment" with the name and address of the bidder.
All Proposals shall be submitted in accordance with the attached City of Fayetteville specifications and bid
documents attached hereto. Each Proposer is required to fill in every blank and shall supply all information
requested; failure to do so may be used as basis of rejection. Any bid, proposal, or statements of qualification
will be rejected that violates or conflicts with state, local, or federal laws, ordinances, or policies.
The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms stated
herein, and in strict accordance with the specifications and general conditions of bidding, all of which are made a part of
this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and City
Purchasing Manager.
Name of Firm:
Contact Person:
E -Mail:
Title:
Phone:
Business Address:
City: State: Zip:
Signature: Date:
City of Fayetteville, AR
RFP 10-11, City-wide Information Technology Assessment
Page 1 of 26
City of Fayetteville
RFP 10-11, City-wide Information Technology Assessment
Advertisement
The City of Fayetteville, Arkansas is seeking sealed proposals from qualified firms / providers to
perform a City-wide Information Technology Assessment.
To be considered, proposals shall be received at the City Administration Building, City Hall, Purchasing —
Room 306, 113 West Mountain, Fayetteville, Arkansas before Thursday, July 22, 2010 at 2:00 PM, Central
Standard Time. No late proposals shall be accepted.
Proposal forms must be downloaded from the City's web site at http://www.accessfavetteville.org. All
questions regarding the RFP process should be directed to Andrea Foren at aforenci.fayetteville.ar.us or
(479)575-8220.
Proposers shall be qualified to do business and licensed in accordance with all applicable laws of the state and
local governments where the project is located.
Pursuant to Ark. Code Annotated 22-9-203, the City of Fayetteville encourages all qualified small, minority and
women business enterprises to proposal and receives contracts for goods, services, and construction. Also,
City of Fayetteville encourages all prospective Proposers to subcontract portions of their contract to qualified
small, minority, and women business enterprises.
The City of Fayetteville reserves the right to reject any or all proposals and to waive irregularities therein, and
all Proposers shall agree that such rejection shall be without liability on the part of the City of Fayetteville for
any damage or claim brought by any Proposer because of such rejections, nor shall the Proposers seek any
recourse of any kind against the City of Fayetteville because of such rejections. The filing of any Proposal in
response to this invitation shall constitute an agreement of the Proposer to these conditions.
CITY OF FAYETTEVILLE
By: Andrea Foren, CPPB
Title: Purchasing Agent
Ad date: 07/02/2010
City of Fayetteville, AR
RFP 10-11, City-wide Information Technology Assessment
Page 2 of 26
City of Fayetteville
RFP 10-11, City-wide Information Technology Assessment
Table of Contents
SECTION:
PAGE NUMBER
Cover Page
1
Advertisement
2
SECTION A: General Conditions
4
SECTION B: Scope of Services and General Information
11
SECTION C: Statement of Disclosure
19
SECTION D: Authorized Negotiator Information
20
SECTION E: Addendum Acknowledgement Form
21
SECTION F: Draft Agreement/Contract
22
Statement of No -Submittal
26
ATTACHMENTS:
# OF PAGES
Appendix A: City Organizational Chart
1
Appendix B: City IT Organizational Chart
1
Appendix C: City WAN Chart
1
City of Fayetteville, AR
RFP 10-11, City-wide Information Technology Assessment
Page 3 of 26
City of Fayetteville
RFP 10-11, City-wide Information Technology Assessment
SECTION A: General Conditions
1. SUBMISSION OF PROPOSAL:
a. Proposals will be reviewed following the stated deadline, as shown on the cover sheet of this document.
The names of respondents only will be available after the deadline until a contract has been awarded by
the Fayetteville City Council. All interested parties understand proposal documents will not be available
until after a valid contract has been executed.
b. Proposers shall submit a proposal based on documentation published by the Fayetteville Purchasing
Division.
c. Proposals shall be enclosed in sealed envelopes or packages addressed to the City of Fayetteville,
Purchasing Division, Room 306, 113 W. Mountain, Fayetteville, AR 72701. The name, address of the
firm and Bid, RFP, or RFQ number shall be on the outside of the packaging as well as on any packages
enclosed in shipping containers or boxes.
d. Proposals must follow the format of the RFP. Proposers should structure their responses to follow the
sequence of the RFP.
e. Proposers must have experience in work of the same or similar nature, and must provide references that
will satisfy the City of Fayetteville. Proposer must furnish a reference list of five (5) clients for whom they
have performed similar services and must provide information as requested in this document, at least two
(2) of the five references shall be government references (state, county, city, etc).
f. Proposer is advised that exceptions to any of the terms contained in this RFP or the attached service
agreement must be identified in its response to the RFP. Failure to do so may lead the City to declare
any such term non-negotiable. Proposer's desire to take exception to a non-negotiable term will not
disqualify it from consideration for award.
2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION:
No oral interpretations will be made to any firms as to the meaning of specifications or any other contract documents. All
questions pertaining to the terms and conditions or scope of work of this proposal must be sent in writing via e-mail to the
Purchasing Department. Responses to questions may be handled as an addendum if the response would provide
clarification to the requirements of the proposal. All such addenda shall become part of the contract documents. The City
will not be responsible for any other explanation or interpretation of the proposed RFP made or given prior to the award of
the contract.
3. DESCRIPTION OF SUPPLIES AND SERVICES:
Any manufacturer's names, trade name, brand name, catalog number, etc. used in specifications are for the purpose of
describing and establishing general quality levels. Such references are NOT intended to be restrictive. Proposals will be
considered for all brands that meet the quality of the specifications listed for any items.
4. RIGHTS OF CITY OF FAYETTEVILLE IN REQUEST FOR PROPOSAL PROCESS:
In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the following:
a. The City of Fayetteville reserves the right to rank firms and negotiate with the highest-ranking firm.
Negotiation with an individual Proposer does not require negotiation with others.
b. The City of Fayetteville reserves the right to select the proposal that it believes will serve the best interest
of the City.
c. The City of Fayetteville reserves the right to accept or reject any or all proposals.
d. The City of Fayetteville reserves the right to cancel the entire request for proposal.
City of Fayetteville, AR
RFP 10-11, City-wide Information Technology Assessment
Page 4 of 26
e. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the request
for proposal or in proposals submitted.
f. The City of Fayetteville reserves the right to request any necessary clarifications, additional information,
or proposal data without changing the terms of the proposal.
g. The City of Fayetteville reserves the right to make selection of the Proposer to perform the services
required on the basis of the original proposals without negotiation.
5. EVALUATION CRITERIA:
The evaluation criterion defines the factors that will be used by the selection committee to evaluate and score responsive,
responsible and qualified proposals. Proposers shall include sufficient information to allow the selection committee to
thoroughly evaluate and score proposals. Each proposal submitted shall be evaluated and ranked by a selection
committee. The contract will be awarded to the most qualified Proposer, per the evaluation criteria listed in this RFP.
Proposers are not guaranteed to be ranked.
6. COSTS INCURRED BY PROPOSERS:
• All expenses involved with the preparation and submission of proposals to the City, or any work performed in connection
therewith, shall be borne solely by the Proposer(s). No payment will be made for any responses received, or for any other
effort required of, or made by, the Proposer(s) prior to contract commencement.
7. ORAL PRESENTATION:
An oral presentation and/or interview may be requested of any firm, at the selection committee's discretion.
8. CONFLICT OF INTEREST:
a. The Proposer represents that it presently has no interest and shall acquire no interest, either direct or
indirect, which would conflict in any manner with the performance or services required hereunder, as
provided in City of Fayetteville Code Section 34.26 titled "Authority of City Employee to Contract With The
City" which states the following:
i. An employee of the City shall be permitted to conduct business with the City, provided the
contract or job is for services, is submitted as a competitive bid, is approved by the City Council
following disclosure of the direct or indirect financial interest of the individual employee, and the
total sum payable under the contract does NOT exceed $500.00.
b. The Proposer shall promptly notify Andrea Foren, City Purchasing Agent, in writing, of all potential
conflicts of interest for any prospective business association, interest, or other circumstance which may
influence or appear to influence the bidder's judgment or quality of services being provided. Such written
notification shall identify the prospective business association, interest or circumstance, the nature of
which the Proposer may undertake and request an opinion to the City as to whether the association,
interest or circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by
the Proposer. The City agrees to communicate with the Proposer its opinion via e-mail or first-class mail
within thirty days of receipt of notification.
9. WITHDRAWL OF PROPOSAL:
A proposal may be withdrawn prior to the time set for the proposal submittal, based on a written request from an
authorized representative of the firm; however, a proposal shall not be withdrawn after the time set for the proposal.
10. LATE PROPOSAL OR MODIFICATIONS:
a) Proposal and modifications received after the time set for the proposal submittal shall not be considered.
Modifications in writing received prior to the deadline will be accepted. The City will not be responsible for
misdirected bids. Bidders should call the Purchasing Division at (479) 575-8220 to insure receipt of their submittal
documents prior to opening time and date listed.
City of Fayetteville, AR
RFP 10-11, City-wide Information Technology Assessment
Page 5 of 26
11. LOCAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS:
a. The laws of the State of Arkansas apply to any purchase made under this request for proposal.
Proposers shall comply with all local, state, and federal directives, orders and laws as applicable to this
proposal and subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO),
Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this contract.
b. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small,
minority and women business enterprises to bid on and receive contracts for goods, services, and
construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their
contract to qualified small, minority and women business enterprises.
12. PROVISION FOR OTHER AGENCIES:
Unless otherwise stipulated by the Proposer, the Proposer agrees to make available to all Government agencies,
departments, municipalities, and counties, the proposal prices submitted in accordance with said proposal terms and
conditions therein, should any said governmental entity desire to buy under this proposal. Eligible Users shall mean all
state of Arkansas agencies, the legislative and judicial branches, political subdivisions (counties, local district school
boards, community colleges, municipalities, counties, or other public agencies or authorities), which may desire to
purchase under the terms and conditions of the contract.
13. COLLUSION:
The Proposer, by affixing his or her signature to this proposal, agrees to the following: "Proposer certifies that his proposal
is made without previous understanding, agreement, or connection with any person, firm or corporation making a proposal
for the same item(s) and/or services and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal
action."
14. RIGHT TO AUDIT, FOIA, AND JURISDICITON:
a. The City of Fayetteville reserves the privilege of auditing a vendor's records as such records relate to
purchases between the City and said vendor.
b. Freedom of Information Act: City contracts and documents prepared while performing City contractual
work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is
presented to the City of Fayetteville, the (Contractor) will do everything possible to provide the documents
in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-
101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this
compliance.
c. Legal jurisdiction to resolve any disputes shall be Arkansas with Arkansas law applying to the case.
15. CITY INDEMNIFICATION:
The successful Proposer(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss,
damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed
trademark, patent or copyright infringement or litigation based thereon, with respect to the goods or any part thereof
covered by this order, and such obligation shall survive acceptance of the goods and payment thereof by the City.
16. VARIANCE FROM STANDARD TERMS & CONDITIONS:
All standard terms and conditions stated in this request for proposal apply to this contract except as specifically stated in
the subsequent sections of this document, which take precedence, and should be fully understood by Proposers prior to
submitting a proposal on this requirement.
17. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION:
City of Fayetteville, AR
RFP 10-11, City-wide Information Technology Assessment
Page 6 of 26
Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should call
479.521.1316 (telecommunications device for the deaf), not later than seven days prior to the deadline. Persons needing
translation of this document shall contact the City of Fayetteville, Purchasing Division, immediately.
18. CERTIFICATE OF INSURANCE:
The successful Proposer shall provide a Certificate of Insurance in accordance with specifications listed in this request for
proposal, prior to commencement of any work. Such certificate shall list the City of Fayetteville as an additional insured.
Insurance shall remain valid throughout project completion.
19. PROCUREMENT POLICY FOR RECYCLED MATERIALS:
The City of Fayetteville wishes to encourage its Proposer to use recycled products in fulfilling contractual obligations to
the City and that such practices will serve as a model for other public entities and private sector companies.
20. PAYMENTS AND INVOICING:
The Proposer must specify in their proposal the exact company name and address which must be the same as invoices
submitted for payment as a result of award of this RFP. Further, the successful Proposer is responsible for immediately
notifying the Purchasing Division of any company name change, which would cause invoicing to change from the name
used at the time of the original RFP. Payment will be made within thirty days of invoice received. The City of Fayetteville
is very credit worthy and will not pay any interest or penalty for untimely payments. Payments can be processed
through Proposer's acceptance of Visa at no additional costs to the City for expedited payment processing. The
City will not agree to any nonrefundable deposit or retainer that would remain property of the Proposer even if the hourly
work actually performed by the Proposer would not justify such fee. The City will not agree to allow any increase in hourly
rates by the contract without PRIOR Fayetteville City Council approval.
21. CANCELLATION:
a. The City reserves the right to cancel this contract without cause by giving thirty (30) days prior notice to
the Contractor in writing of the intention to cancel or with cause if at any time the Contractor fails to fulfill
or abide by any of the terms or conditions specified.
b. Failure of the contractor to comply with any of the provisions of the contract shall be considered a
material breach of contract and shall be cause for immediate termination of the contract at the discretion
of the City of Fayetteville.
c. In addition to all qther legal remedies available to the City of Fayetteville, the City reserves the right to
cancel and obtain from another source, any items and/or services which have not been delivered within
the period of time from the date of order as determined by the City of Fayetteville.
d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the
vendor of such occurrence and contract shall terminate of the last day of the current fiscal period without
penalty or expense to the City
22. ASSIGNMENT, SUBCONTRACTING, CORPORATE ACQUISITIONS AND/OR MERGERS:
a. The Contractor shall perform this contract. No assignment of subcontracting shall be allowed without
prior written consent of the City. If a Proposer intends to subcontract a portion of this work, the Proposer
shall disclose such intent in the proposal submitted as a result of this RFP.
b. In the event of a corporate acquisition and/or merger, the Contractor shall provide written notice to the
City within thirty (30) calendar days of Contractor's notice of such action or upon the occurrence of said
action, whichever occurs first. The right to terminate this contract, which shall not be unreasonably
exercised by the City, shall include, but not be limited to, instances in which a corporate acquisition and/or
merger represent a conflict of interest or are contrary to any local, state, or federal laws. Action by the
City awarding a proposal to a firm that has disclosed its intent to assign or subcontract in its response to
the RFP, without exception shall constitute approval for purpose of this Agreement.
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23. NON-EXCLUSIVE CONTRACT:
Award of this RFP shall impose no obligation on the City to utilize the vendor for all work of this type, which may develop
during the contract period. This is not an exclusive contract. The City specifically reserves the right to concurrently
contract with other companies for similar work if it deems such an action to be in the City's best interest. In the case of
multiple -term contracts, this provision shall apply separately to each item.
24. LOBBYING:
Lobbying of selection committee members, City of Fayetteville employees, or elected officials regarding request for
proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by the
bidder/proposer/protestor or any member of the bidder's/proposer's/protestor's staff, and agent of the
bidder/proposer/protestor, or any person employed by any legal entity affiliated with or representing an organization that is
responding to the request for proposal, request for qualification, bid or contract, or has a pending bid protest is strictly
prohibited either upon advertisement or on a date established by the City of Fayetteville and shall be prohibited until either
an award is final or the protest is finally resolved by the City of Fayetteville; provided, however, nothing herein shall
prohibit a prospective/bidder/proposer from contacting the Purchasing Division to address situations such as clarification
and/or questions related to the procurement process. For purposes of this provision lobbying activities shall include but
not be limited to, influencing or attempting to influence action or non -action in connection with any request for proposal,
request for qualification, bid or contract through direct or indirect oral or written communication or an attempt to obtain
goodwill of persons and/or entities specified in this provision. Such actions may cause any request for proposal, request
for qualification, bid or contract to be rejected.
25. ADDITIONAL REQUIREMENTS:
The City reserves the right to request additional services relating to this RFP from the Proposer. When approved by the
City as an amendment to the contract and authorized in writing prior to work, the Contractor shall provide such additional
requirements as may become necessary.
26. ADD OR DELETE LOCATIONS OR SERVICES:
The City reserves the right to unilaterally add or delete locations and/or services, either collectively or individually, at the
City's sole option, at any time after award has been made as may be deemed necessary or in the best interests of the
City. In such case, the Contractor(s) will be required to provide services to this contract in accordance with the terms,
conditions, and specifications.
27. SERVICES AGREEMENT:
A written agreement, in substantially the form attached, incorporating the RFP and the successful proposal will be
prepared by the City, signed by the successful proposer and presented to the City of Fayetteville for approval and
signature of the Mayor.
28. INTEGRITY OF REQUEST FOR PROPOSAL (RFP) DOCUMENTS:
Proposers shall use the original RFP form(s) provided by the Purchasing Division and enter information only in the spaces
where a response is requested. Proposers may use an attachment as an addendum to the RFP form(s) if sufficient space
is not available on the original form for the Proposer to enter a complete response. Any modifications or alterations to
the original RFP documents by the Proposer, whether intentional or otherwise, will constitute grounds for
rejection of such RFP response. Any such modifications or alterations a Proposer wishes to propose shall be clearly
stated in the Proposer's RFP response and presented in the form of an addendum to the original RFP documents.
29. OTHER GENERAL CONDITIONS:
a) Proposer is presumed to be familiar with all federal, state, and city laws, ordinances, and regulations which in any
manner affect those engaged or employed in the Work, or the materials or equipment used, or that in any way
affect the Work and shall in all respects comply with said laws, ordinances, and regulations. No claim of
misunderstanding or ignorance on the part of Bidder or Proposer will in any way serve to modify the provisions of
the contract. No representations shall be binding unless embodied in the contract.
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b) Prices shall include all labor, materials, overhead, profit, insurance, shipping, freight, etc., to cover the products
and services presented. Sales tax is not to be included in the bid price. Applicable Arkansas sales tax laws
will apply when necessary but will not be considered in award of this project.
c) Each Proposer should state the anticipated number of days from the date of receipt of an order for delivery of
services to the City of Fayetteville.
d) Proposers must provide the City with their bids signed by an employee having legal authority to submit bids on
behalf of the Proposer. The entire cost of preparing and providing responses shall be borne by the Proposer.
e) The City reserves the right to request any additional information it deems necessary from any or all Proposers
after the submission deadline.
f) The request for bid is not to be construed as an offer, a contract, or a commitment of any kind; nor does it commit
the city to pay for any costs incurred by bidder in preparation. It shall be clearly understood that any costs
incurred by the Proposer in responding to this request for proposal is at the Proposer's own risk and expense as a
cost of doing business. The City of Fayetteville shall not be liable for reimbursement to the Proposer for any
expense so incurred, regardless of whether or not the proposal is accepted.
g)
If products, components, or services other than those described in this bid document are proposed, the bidder
must include complete descriptive literature for each. All requests for additional information must be received
within five working days following the request.
h) Any reference to a particular brand or manufacturer is done in an effort to establish an acceptable level of quality
for this project. Brands or manufacturers that are included in bid that are of at least equal quality, size, design,
and specification as to what has been specified, will be acceptable for consideration only if approved by the City
of Fayetteville Purchasing Division. The City of Fayetteville reserves the right to accept or reject any requested
equal.
i) NOTE: Any uncertainties shall be brought to the attention to Andrea Foren immediately via telephone
(479.575.8220) or e-mail ( aforenaci.fayetteville.ar.us ). It is the intent and goal of the City of Fayetteville
Purchasing Division to provide documents providing a clear and accurate understanding of the scope of
work to be completed and/or goods to be provided. We encourage all interested parties to ask questions
to enable all bidders to be on equal bidding terms.
j)
Any inquiries or requests for explanation in regard to the City's requirements should be made promptly to Andrea
Foren, City of Fayetteville, Purchasing Agent via e-mail (aforenci.fayetteville.ar. us) or telephone
(479.575.8220). No oral interpretation or clarifications will be given as to the meaning of any part of this request
for proposal. All questions, clarifications, and requests, together with answers, if any, will be provided to all firms
via written addendum. Names of firms submitting any questions, clarifications, or requests will not be disclosed
until after a contract is in place.
k) "Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small,
minority and women business enterprises to bid on and receive contracts for goods, services, and construction.
Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified
small, minority and women business enterprises."
I) At the discretion of the City, one or more firms may be asked for more detailed information before final ranking of
the firms, which may also include oral interviews. NOTE: Each Proposer shall submit an "Authorized
Negotiator Form" containing the signature of a duly authorized officer or agent of the Proposer's company
empowered with the right to bind and negotiate on behalf of the Proposer for the amounts and terms proposed.
m) Any information provided herein is intended to assist the Proposer in the preparation of proposals necessary to
properly respond to this RFP. The RFP is designed to provide qualified Proposers with sufficient basic information
to submit proposals meeting minimum specifications and/or test requirements, but is not intended to limit a RFP's
content or to exclude any relevant or essential data.
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n) Proposers irrevocably consent that any legal action or proceeding against it under, arising out of or in any manner
relating to this Contract shall be prevailed by Arkansas law. Proposer hereby expressly and irrevocably waives any
claim or defense in any said action or proceeding based on any alleged lack of jurisdiction or improper venue or any
similar basis.
o) The successful Proposer shall not assign the whole or any part of this Contract or any monies due or to become due
hereunder without written consent of City of Fayetteville. In case the successful Proposer assigns all or any part of
any monies due or to become due under this Contract, the Instrument of assignment shall contain a clause substan-
tially to the effect that is agreed that the right of the assignee in and to any monies due or to become due to the
successful Proposer shall be subject to prior liens of all persons, firms, and corporations for services rendered or
materials supplied for the performance of the services called for in this contract.
P)
The successful Proposers attention is directed to the fact that all applicable Federal and State laws, municipal
ordinances, and the rules and regulations of all authorities having jurisdiction over the services shall apply to the
contract throughout, and they will be deemed to be included in the contract as though written out in full herein. The
successful Proposer shall keep himself/herself fully informed of all laws, ordinances and regulations of the Federal,
State, and municipal governments or authorities in any manner affecting those engaged or employed in providing
these services or in any way affecting the conduct of the services and of all orders and decrees of bodies or tribunals
having any jurisdiction or authority over same. If any discrepancy or inconsistency should be discovered in these
Contract Documents or in the specifications herein referred to, in relation to any such law, ordinance, regulation,
order or decree, s/he shall herewith report the same in writing to City of Fayetteville..
30. EVALUATION CRITERIA & SELECTION COMMITTEE:
A selection committee has been appointed to oversee the selection process, which will include reviewing and evaluating
each RFP response, interviewing the top candidates for selection, and any follow-up documentation or information
requested from the top candidates.
The criteria listed below will be used by the City to evaluate and score responsive and qualified proposals. Proposers
shall include sufficient information to allow the City to thoroughly evaluate and score their proposals. Each proposal
submitted is not required to be ranked by the selection committee; however, all proposals will be evaluated. The contract
will be awarded to the most qualified Proposer, per the evaluation criteria listed below, based on the evaluation of the
selection committee.
1) 15% Qualifications in Relation to Specific Project to be Performed: Information reflecting
qualifications of the firm. Indicated specialized experience and technical competence of the firm
in connection with the type and complexity of the service required. Subcontractors, if used, must
be listed with information on their organization.
15% Experience, Competence, and Capacity for Performance: Information reflecting the names,
titles, and qualifications (including experience and technical competence) of the major personnel
assigned to this specific project. Provide detailed breakdown of subcontractor's staff to be used
and how they are to be used to supplement your staff. This section of the evaluation criteria
includes the amount of work presently underway for your firm; please present this in your RFP.
3) 35% Proposed Method of Doing Work: A proposed work plan (description of how the project would
be conducted as well as other facts concerning approach to scope you wish to present) indicating
methods and schedules for accomplishing each phase of work. Include with this the amount of
work presently underway. The Firm's ability and commitment to complete the project in the
timeframe outlined by the City will also be taken into consideration.
4) 20% Past Performance: Previous evaluations shall be considered a significant factor. If previous
evaluations with the City are not available, the professional firm's past performance records with
City and others will be used, including quality of work, timely performance, diligence, ability to
meet past budgets, and any other pertinent information. Firm will provide a list of similar jobs
performed and person whom we can contact for information.
5) 15% Price: Complete pricing to the City for all services described herein.
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City of Fayetteville
RFP 10-11, City-wide Information Technology Assessment
SECTION B: Scope of Services and General Information
1) Introduction and Background
The City of Fayetteville, Arkansas is seeking sealed proposals from qualified firms / providers to perform a City-
wide Information Technology Assessment. The City has hired a project management company, Accio.US, to
assist with oversight of this assessment. This project management firm has also assisted the City in the
preparation of this RFP.
About Fayetteville
Located in the Northwest corner of Arkansas and surrounded by the breathtaking Ozark Mountains, natural
beauty frames Fayetteville. With a population over 70,000, and nearing half a million regionally, Fayetteville has
all the resources and advantages of a large city, yet its unique quality of life and heritage set it apart.
• Home to the University of Arkansas, Fayetteville was positioned at Number 15 in Forbesannual list of the top
100 metropolitan areas in the nation for businesses.
• US News and World Report in its newly released "2011 America's Best Colleges" guide, ranked University of
Arkansas' Supply Chain Management and Logistics Specialty among the top 25 nationally.
• US News and World Report ranked the University of Arkansas' Sam M. Walton College of Business and the
School of Law in the top tier of its 2011 edition of America's Best Graduate School.
Other rankings awarded to the City include:
• No. 2: Best Cities for Recession Recovery, 2009, Forbes.com
• No. 4: Best Places for Business and Careers, 2009 Forbes
. No. 6: Smarter Cities Ranking, 2009, Natural Resources Defense Council
• No. 7: Best Places to Live, Work and Play, 2008, Kiplinger
. No. 7: Top College Sports Towns, 2010 Forbes
• No. 9: Healthiest Housing Markets, 2009, Builder magazine
Mayor Lioneld Jordan
First elected in November of 2008, Lioneld Jordan is serving his first term as Mayor of the City of Fayetteville. He
previously served as Vice Mayor for four years and eight years as Alderman from Ward Four, instituting the
monthly ward meetings that serve as the model for his Town Hall Meetings as Mayor.
Mayor Jordan's priority projects for his first term include developing a comprehensive economic development
program focused on Green Jobs that pay a living wage, providing open government that encourages citizen
participation, effectively managing the City budget and enhancing the quality of life in Fayetteville by supporting
sustainable development, environmental protection, a vibrant arts community, affordable housing, and alternative
transportation.
Mayor Jordan is an advocate of using technology for enabling citizens to be more closely connected to the City.
As part of his open government philosophy, the Mayor maintains an active presence on Facebook that provides
citizens a means of direct communication.
The City's AccessFayetteville.org website contains a wealth of information regarding current activities, including
streaming video of City Council meetings and other events. It serves as an information repository for City
documents and information related to City planning. The Mayor's goal for the future is to enable the citizens to
meet all their informational and transactional needs with the City via the AccessFayetteville.org website.
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