1-Adaptive RFP.docx

CITY OF OLATHE, KS

RFP-25-0089

Implementation Services for Workday Adaptive Planning

Procurement Division PO Box 768 Olathe, KS 66051-0768

REQUEST FOR PROPOSALS

Implementation Services for Workday Adaptive Planning

Date of Issuance: September 2, 2025 Bid Number: RFP-25-0089

Response Deadline Date: September 30, 2025 Time: 10:00 AM (CST)

Questions regarding this invitation should be directed to https://olatheks.bonfirehub.com The deadline for receipt of questions from bidders is close of business on September 24, 2025

Bids must be received electronically by the date and time indicated at https://olatheks.bonfirehub.com There will not be a public opening for this bid

INTRODUCTION AND BACKGROUND

The City of Olathe is issuing this Request for Proposal (RFP) to solicit responses from qualified vendors to provide implementation services for Workday Adaptive Planning.

The City of Olathe is a full-service municipality located in the Kansas City metropolitan area, serving nearly 150,000 residents. Our diverse financial operations span multiple business lines, including:

· Utility services

· Property and sales tax management

· Debt issuance and tracking

· Economic development incentives

· Police and fire compensation structures

· Multi-fund and departmental budgeting As of January 2024, the City successfully went live on Workday Financials, HCM, Payroll, and Time Tracking. However, our planning and budgeting efforts remain largely dependent on spreadsheets and legacy processes. The City intends to bridge this gap by implementing Workday Adaptive Planning, ensuring a seamless flow of financial data and enabling collaborative, accurate, and scalable planning.

DELIVERABLES

The following documents must be downloaded, completed, and uploaded to https://olatheks.bonfirehub.com to provide a complete bid response package:

· Affidavit, signed and notarized

· IFB document, all response fields completed Upon award the vendor must submit the following:

· Certificate of insurance

· Supplier Onboarding Packet

· Vendors awarded a contract of $25,000 or are required to submit a current Kansas Certificate of Good Standing.

Failure to provide requested information may result in rejection of the bid.

SCOPE OF SERVICES

The selected vendor will be responsible for the following:

· Project management and planning

· Requirements gathering and solution design

· Configuration and customization

· Data migration and validation

· End-user training and documentation

· Go-live support and limited post-implementation assistance

PROPOSAL FORMAT

Proposals shall address all the following questions in the order in which they appear in this document. This is required to make comparison of submittals received equitable for the evaluation team. Failure to present your submittal in this manner may result in less consideration and minimal rating scores. All proposal information must be submitted electronically through Bonfire.

1. Cover Letter: provide name of Company, address, phone number, email and a brief description of your company’s history.

2. Provide a brief background and description of the respondent’s knowledge, experience, qualifications and record of performance relevant to the items identified under the Scope of Work.

3. All forms contained within this Request for Proposal package completed and signed where necessary.

4. The Proposal shall include the identification and organization of the proposed team to be assigned to this project, with individual resumes and the specific areas of responsibility of key personnel. All subcontractors proposed to be used for this contract shall also be listed, including the information addressed above.

5. Proposals shall include examples of key personnel’s ability and experience.

6. Respondent’s proposed plan for services shall include content and scope, proposed methods of proceeding with the project work, and identify efforts or methods of keeping the City informed on the progress of the project. Respondent shall also include a proposed timeline for completion of the project.

7. Affidavit, signed and notarized

8. Fee Proposal: Pricing must be provided in a separate electronic document from the RFP response.

9. Additional information your firm wishes the City to consider in the evaluation of your proposal.

10. Exceptions & Addenda

· Any exceptions to the RFP must be clearly indicated in your proposal. Failure to do so will result in the assumption of compliance in specifications and requirements as stated.

· Indications of the receipt of all addenda must be included with your proposal.

· Fee Proposal - The fee proposal submitted shall remain valid for a period of 120 calendar days from the opening date of the RFP.

Respondents shall make NO CONTACT – either written or verbal – with members of the City of Olathe Council, City of Olathe Legal Counsel, or any City of Olathe employees during the period beginning with the issuance of this document through approval of award. Any attempt by respondents to influence any of the aforementioned individuals may be grounds to disqualify the respondents from participation in the selection process of this RFP.

It should be noted that other information provided in your response will be considered proprietary and will not be divulged during the proposal review process as authorized by K.S.A 45-217 (Kansas Open Records Act). Because contractual agreements of this nature require the expenditure of public funds and or use of public facilities, the successful proposer shall understand that portions (potentially all) of their proposal (including any final contracts) will become public record after its acceptance by the City Council.

All questions regarding this RFP must be submitted to Bonfire no later than close of business on September 1, 2025 at 5:00 PM CDT. Answers will be available to all interested firms by means of an addendum to the RFP on Bonfire.

EVALUATION CRITERIA

The evaluation team will review the proposals received and rate each in accordance with the following criteria:

Project Approach: 40 Points Firm Personnel: 20 Points Quality of Similar Work: 20 Points Overall Responsiveness to the RFQ: 10 Points Fees: 10 Points

The City may prepare a short list of respondents from the submitted Proposals for oral presentations to the evaluation committee. This decision will be based on the number and quality of Proposals received. If Proposals are deemed to be of high quality, oral presentations may be waived, and finalists selected based on Proposals submitted.

In the event oral presentations are required, the City of Olathe will not be responsible for any expenses incurred by the potential respondents for these presentations. New evaluation criteria may be established for oral interviews. The City will provide the desired format and criteria prior to the oral presentations.

The final selected respondents(s) will be recommended for contracting for this work. However, if it is determined to be in the best interest of the City, all proposals may be rejected, and the City may reissue Requests for Proposals.

SCHEDULE

The following is a tentative project schedule: Project Kick-Off: November 3rd

CONTRACT AWARD

The City anticipates contracting with the individual or firm who submits the proposal judged to be most advantageous to the City

Should the City reject your proposal, the City reserves the right to adapt any of the concepts or ideas contained therein without incurring any liability. If any confidential information is contained in your proposal, confidential being as indicated under the State of Kansas Open Records Act, such information must be clearly marked and will be destroyed upon completion of the evaluation and award process.

Respondents shall make NO CONTACT – either written or verbal – with members of the City of Olathe Council, City of Olathe Legal Counsel, or any City of Olathe employees during the period beginning with the issuance of this document through approval of award. Any attempt by respondents to influence any of the aforementioned individuals may be grounds to disqualify the respondents from participation in the selection process of this RFP.

Other information provided in your response will be considered proprietary and will not be divulged during the proposal review process as authorized by K.S.A 45-217 (Kansas Open Records Act). Because contractual agreements of this nature require the expenditure of public funds and or use of public facilities, the successful proposer shall understand that portions (potentially all) of their proposal (including any final contracts) will become public record after its acceptance by the City Council.

The City may prepare a short list of respondents from the submitted Proposals for oral presentations to the evaluation committee. This decision will be based on the number and quality of Proposals received. If Proposals are deemed to be of high quality, oral presentations may be waived, and finalists selected based on Proposals submitted.

In the event oral presentations are required, the City of Olathe will not be responsible for any expenses incurred by the potential respondents for these presentations. New evaluation criteria may be established for oral interviews. The City will provide the desired format and criteria prior to the oral presentations.

The final selected respondents(s) will be recommended for contracting for this work. However, if it is determined to be in the best interest of the City, all proposals may be rejected, and the City may reissue Requests for Proposals.

Respondents shall understand that this RFP does not constitute an offer or a contract with the Respondent. An official contract or agreement is not binding until proposals are reviewed and accepted by appointed staff, approved by the appropriate level of authority within the City and executed by the parties. The City anticipates that the final contract will be in substantial conformance with the Sample Standard Contract; nevertheless, Respondents are advised that any contract which may result from the RFP may deviate from the Sample Standard Contract. Any changes to the Sample Standard Contract suggested by the Respondent must be clearly stated in your Proposal.

The City reserves the right to reject all proposals, to abandon the project, or to re-advertise for and solicit other proposals. The City may, in its discretion, waive any informalities and irregularities contained in a proposal or in the manner of its submittal and award a contract thereafter. The City reserves the right to negotiate any and all terms of the proposal.

BID TERMS

By submitting a response, the vendor agrees that this contract shall be governed by the terms and conditions set forth in the bid, including the provisions of the standard City agreement (Attachment B). Any exceptions requested to the standard City agreement contract must be clearly identified in the vendor’s response. [Excessive requests for exceptions to the standard City agreement may be grounds for rejecting the response.] Comply: Exception:

INVOICING

All invoices submitted for payment must be itemized to include a detailed breakdown of all work, including department, name of person who placed call, location of work to be performed and work order number (if applicable). Invoices must not exceed original estimate unless prior authorization has been given by the department supervisor or their designee. The invoice must be sent to the attention of Accounts Payable, PO Box 768, Olathe KS 66051-0768 or emailed to: apolathe@olatheks.org.

INVOICES MUST BE SUBMITTED TO APOLATHE@OLATHEKS.ORG WITHIN 30 DAYS EQUIPMENT DELIVERY. Failure to submit invoices in a timely manner may result in payments being delayed.

PAYMENT TERMS

The City of Olathe will only accept payment terms of Net 30 days.

Will your company accept the City’s VISA P-Card for payment without additional cost? Yes No:

PRE-CONTRACTUAL EXPENSES

The City shall not, in any event, be liable for any pre-contractual expenses incurred in the preparation of a vendor’s submittal, prior to execution of the contract by both parties. Precontractual expenses are defined as expenses incurred by the vendor in:

· Preparing and submitting qualification(s) to the City;

· Preparing and submitting proposal(s) to the City;

· Negotiations with the City on any matter related to the contract terms, professional fees, and schedule

· Any other expenses incurred by the respondent prior to reaching agreement of the contract with the City.

All prospective Proposers will be afforded an opportunity to submit statements of qualifications in response to this request and will not be discriminated against on the basis of race, religion, color, national origin, age, sex, disability or any other protected class in receiving consideration for an award of any contract entered into pursuant to this Request.

INDEMNIFICATION

Loss: For purposes of indemnification requirements, the term "Loss" means any and all loss, damage, liability or expense, of any nature whatsoever, whether incurred as a judgment, settlement, penalty, fine or otherwise (including reasonable attorney's fees and the cost of defense), in connection with any action, proceeding, demand or claim for injury, including death, to any person or persons or damages to or loss of, or loss of the use of, property of any person, firm or corporation, including the parties hereto, which arise out of or are connected with the performance of this Agreement.

Indemnification and Hold Harmless: For purposes of this Agreement, Consultant agrees to indemnify, defend, and hold harmless the City and the Olathe Housing Authority and their agents from any and all Loss where Loss is caused or incurred as a result of the intentional misconduct, recklessness, negligence, or other actionable fault of the contractor or its subcontractors. Neither acceptance of completed work nor payment therefor nor termination or expiration of this Agreement releases Consultant of its obligations under this paragraph.

APPROPRIATIONS CLAUSE

The City is subject to the Kansas Cash Basis Law. Accordingly, execution and continuation of the contract is contingent upon annual appropriation of funds by the applicable legislative body in an amount sufficient to allow performance in accordance with the terms and conditions of the contract. The City shall, upon receipt of notice by the appropriate authority that sufficient funds are not available to continue full and faithful performance of the contract, provide prompt written notice to the Respondent of such event, and effective thirty (30) days after giving such notice or upon the expiration of the period of time for which funds were appropriated, whichever comes first, be thereafter released of all further obligations in way related to the contract.

NO COLLUSION

By submitting a proposal in response to this RFP and completing the Affidavit, the Respondent certifies the Respondent has not divulged, discussed or compared the proposal with other Respondent and has not colluded with any other Respondent or competitive parties. Also, Respondent certifies, and in the case of a joint competitive proposal, each party thereto certifies as to its own organization, that in connection with the competitive proposal:

A. All prices and/or cost date submitted have been arrived at independently, without consultation, communication, or agreement for the purpose of restricting competition as to any matter relating to such prices and/or cost data with any other Respondent or with any competitor.

B. No prices and/or cost data quoted in the proposal has been knowingly disclosed by the Respondent and will not knowingly be disclosed by the Respondent, to any competitor prior to the scheduled opening.

C. No attempt has been made or will be made by the Respondent to induce any other person or company to submit or not to submit a competitive proposal.

D. The only person(s) or principal(s) interested in the proposal is/are named therein, and no person other than those named has/have any interest in the proposal or in the agreement to be entered into.

E. No person or agency has been employed or retained to solicit or secure the agreement for a commission, percentage, brokerage, or contingent fee, with the exception of bona fide employees or established commercial agencies maintained by the Respondent for the purpose of doing business.

INSTRUCTIONS TO BIDDERS AND GENERAL CONDITIONS

(Revised 12/24)

1. SCOPE: These instructions to bidders and general conditions apply to solicitations for material, equipment, supplies or services with an estimated single or combined cost of $100,000.00 or more. These conditions shall be in force unless otherwise modified by the City in this bid document. Bidders shall be advised that the City of Olathe is not responsible for the content of any bid package received through any 3rd party bid service other than Mercell Source to Contract. It is the sole responsibility of the vendor to ensure the completeness of the documents received from any 3rd party source other than Mercell Source to Contract.

3. PREPARATION OF BIDS: Bidders shall review the specifications, drawings, and all special and general conditions. Failure to do so will be at the bidder's risk.

Each bidder shall furnish the information required in the solicitation. The bidder shall provide their name, address, e-mail address, and telephone number where indicated in the affidavit of the solicitation documents. The affidavit must be signed by an officer or employee having the authority to bind the company or organization by his/her signature, notarized, and uploaded with bid response on Bonfire.

Unit price for each unit offered must be provided. The unit price will be presumed correct.

The bidder must state a definite time for delivery of supplies or performance of services.

4. SUBMITTING A BID: Bids must be received electronically in the sealed lockbox in Bonfire BEFORE the time of opening indicated in the solicitation. All references to time shall be Olathe, Kansas time (Central time zone). Hard copy (paper) bids will not be accepted. Late bids will be rejected. Any exceptions or additional information required on a solicitation will be noted in the bid documents. Failure to provide any requested information or to follow these procedures may result in the rejection of your bid.

5. BID DOCUMENT MISTAKES: (Kansas Statutes K.S.A. 75-6901 through 75-6906). The bidder shall not be allowed to modify or correct mistakes in the bid document after the opening of the bid. Failure to complete the entire bid accurately may result in declaring the bid as non-responsive and the bid may be rejected.

6. ACCEPTANCE OF OFFER: The submitted bid is considered as an offer on the part of the bidder; such offer is deemed accepted upon issuance by the City of a Purchase Order, Price Agreement, or other contractual document.

7. FIRM PRICES: By submitting the bid, bidder signifies that the prices, terms and conditions quoted in their bid will be firm for acceptance for a period of not less than ninety (90) days from the bid opening date unless otherwise specified in the solicitation. Prices quoted must remain firm for the period of performance of any resulting purchase order or contract to be performed over a specified period as indicated in the solicitation.

8. CONTRACT RENEWAL: The City reserves the right to renew any contract resulting from this solicitation at the same prices, specifications, terms and conditions, upon mutual agreement between the City and the contractor.

9. AWARD: Award will be made to the lowest most responsive and responsible bidder, which will be judged based on price, conformance to specifications, quality, delivery time, references, payment terms, and in the best interest of the City of Olathe, all factors being considered.

The City reserves the right to accept or reject any or all bids or part of bids, to waive irregularities and technicalities, and to request rebids on the material described in the solicitation.

The City reserves the right to award the contract on a split-order basis, lump-sum or individual-item basis, or any other combination that is in the best interest of the City unless otherwise specified.

Conditional bids are subject to rejection in whole or in part at the sole discretion of the City.

No order or contract resulting from this solicitation may be assigned, transferred, or delegated to another party without written approval of the Procurement Manager of the City.

10. CODES AND REGULATIONS: All products supplied, and work performed, within the scope of this request shall be supplied by the successful bidder to all applicable current prevailing codes and regulations.

11. PRICE CHANGES ON CONTRACTS: If this solicitation is for an estimated quantity of supplies, consideration in awarding bid for yearly contracts will be given:

· First to bidder offering firm prices for full contract period; and

· Second to bidder offering firm prices subject to market price adjustment.

12. COPYRIGHT OR PATENT RIGHTS: By submitting the bid, bidder signifies that there has been no violation of copyrights or patent rights in manufacturing, producing or selling the goods shipped or ordered as a result of the bid, and bidder agrees to hold the City harmless from any and all liability, loss, or expense caused by any such violation.

13. CONFLICT OF INTEREST: The contractor, by signing the affidavit form in the solicitation or by acceptance of any purchase order resulting from this solicitation, certifies that to the best of their knowledge or belief, no elected or appointed official of the City is financially interested, directly or indirectly, in the purchase of the goods or services specified on this order or in the contract.

14. TAXES: The City of Olathe is exempt from any taxes imposed by the State and/or Federal Government. Exemption certificates will be provided upon request; Kansas Tax Exempt No. KS6XLFHVA1, exp 10/01/2028.

15. PERSONNEL PRACTICES: Successful bidder must comply with K.S.A., 44-1030 et. seq. mandatory provisions of the Kansas Acts Against Discrimination as applied to state and local government contracts, which: (1) prohibits discrimination against any person in the performance of work under this contract because of race, religion, color, sex, national origin or ancestry; (2) requires solicitations or advertisements for employees to include the phrase “equal opportunity employer”; and (3) allows the City to terminate their contract for default if provisions of the act are violated.

Chapter 2.44 of the Olathe Municipal Code also prohibits discrimination against individuals in the performance of this contract as a matter of concern to the City, since such discrimination threatens not only the rights and privileges of the inhabitants of the City, but menaces the institutions and foundations of a free democratic state. The affirmative action program is designed to insure a good faith effort will be made to employ applicants and to treat employees during employment equally without regard to race, color, creed or religion, physical handicap, national origin or sex.

All bidders who are awarded a Class I Contract ($25,000 or more in aggregate) are required to complete a Questionnaire on Personnel Practices for the City of Olathe, 200 West Santa Fe, Olathe KS 66061, 913-971-6493. Form must be completed and approved by the City before contract for goods or services is in effect.

The City of Olathe actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Under the INA, employers may hire only persons who may legally work in the United States (i.e. citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (I-9). The contractor shall establish appropriate procedures and controls so no services or products in response to this IFB will be performed or manufactured by any worker who is not legally eligible to perform such services or employment.

16. TERMINATION: Subject to the following provisions, any contract resulting from this solicitation may be terminated by either party upon thirty (30) days advance written notice to the other party; but if any work or service is in progress but not completed as of the date of termination, then said contract may be extended upon written approval of the City until said work or services are completed and accepted. Types of termination include:

1. Termination for Convenience

17. W-9 REQUIREMENT: The City of Olathe requires a Form W-9 (Request for Taxpayer Identification Number and Certification), updated annually, from all contractors that do business with the City of Olathe. The Form W-9 verifies the Tax Identification Number of the contractor so the City can correctly report to the IRS all funds paid to the contractor. Payment shall not be made to contractor without a current W-9 form being filed with the City of Olathe.

18. DEFAULT OF CONTRACT: In case of default by the contractor, the City may procure the items or services from other sources and hold the contractor responsible for any excess costs caused by such procurement. Failure of a bidder to furnish the equipment, supplies, material, and/or services as specified is cause for elimination of the bidder from the active bidder’s list for the products or services concerned.

19. MODIFICATIONS FOR CHANGES: No agreement or understanding to modify this solicitation and resultant purchase orders or contract shall be binding upon the City unless made in writing by the Procurement Manager of the City of Olathe.

20. ORDER OF PRECEDENCE: In the event of an inconsistency between provisions of the solicitation, the inconsistency will be resolved in the following order: (a) the schedule; (b) Instructions to Bidders and General Conditions; (c) special provisions; (d) other provisions of the contract, whether incorporated by reference or otherwise; and (e) the specifications.

21. PURCHASING CARDS: The City of Olathe has implemented a procurement card program to streamline its purchasing process and to expedite payments to its suppliers. We encourage your acceptance of the City’s VISA P-card. Payments made to the successful bidder of this solicitation process will, if possible, be by use of a VISA Purchasing Card.

22. PAYMENT: Payment for materials or services received under this contract will be made upon completion of delivery for each purchase order and submission of invoice to the Accounts Payable Division, apolathe@olatheks.org or mail to PO Box 768, Olathe KS 66051-0768. Normal pay periods for the City are every other Friday.

23. GOVERNING LAW: Any agreement resulting from this solicitation shall be interpreted under and governed by the laws of the state of Kansas.

24. ESCALATION/DE-ESCALATION CLAUSE: In the event prevailing market conditions warrant an adjustment in contract pricing, the following escalation/de-escalation clause shall be the only clause acceptable to the City:

1. Contractor shall give written notice to the Procurement Manager of any proposed changes from contract prices not less than fifteen (15) calendar days prior to the effective date of price changes.

2. Such notice must be accompanied by a copy of the supplier’s notification to the contractor of a justifiable price change.

3. No price escalation will be authorized in excess of the amount of the increase indicated on the supplier’s notice.

4. The approved price change shall be honored for all orders received by the contractor after the effective date of such price change.

5. Approved price changes are not applicable to orders already issued and in process at time of price change.

6. The City reserves the right to audit and/or examine any pertinent books, documents, papers, records, or invoice relating directly to the price increase after reasonable notice and during normal business hours.

7. The Procurement Manager retains the right to determine whether or not such proposed price changes are in the best interests of the City.

8. If in the opinion of the Procurement Manager any proposed increase is found unacceptable, the Procurement Manager reserves the right to cancel the contract upon fifteen (15) calendar days’ written notice.

9. Contractors must tie any price change clause to an industry-wide or otherwise nationally recognized index or some other form of verifiable document. Contractor will put the Procurement Manager on the mailing lists for such publications so the Procurement Manager can monitor said changes. Such membership will be at no cost to the City.

10. If parties to the contract cannot agree on renewal terms, it is understood that the contract will be cancelled, and a new contract will be solicited.

25. CERTIFICATE OF GOOD STANDING: All contractors awarded a contract in the amount of $25,000 or higher are required to submit a current Kansas Certificate of Good Standing to the City with a valid verification code, upon award of contract. The Certificate is issued by the Kansas Secretary of State’s Office and affirms that a business has complied with the applicable provisions of the laws of the state of Kansas, is in good standing, and authorized to transact business or to conduct affairs within this state. Access the Kansas Secretary of State website at http://www.sos.ks.gov/other/articles_of_formation.html for information. call the Kansas Secretary of State office at 785-296-4564 if you have questions.

26. ADDITIONAL INFORMATION: Additional information may be obtained from the Procurement Division Office at

(913) 971-9005 or www.olatheks.org.

Insurance Requirements

A. Insurance. Consultant agrees to secure and maintain throughout the duration of this Agreement insurance of such types and in at least such amounts as set forth below from a Kansas authorized insurance company which carries a Best's Policyholder rating of "A-" or better and carries at least a Class "VII" financial rating or better, unless otherwise agreed to by City:

1. Commercial General Liability: City must be listed by ISO endorsement or its equivalent as an additional insured on a primary and noncontributory basis on any commercial general liability policy of insurance. The insurance must apply separately to each insured against whom claim is made or suit is brought, subject to the limits of liability.

Limits: Per Occurrence, including Personal & Advertising Injury and Products/Completed Operations: $1,000,000; General Aggregate: $2,000,000.

2. Business Automobile Insurance: City must be listed by ISO endorsement or its equivalent as an additional insured on a primary and noncontributory basis on any automobile policy of insurance. The insurance must apply separately to each insured against whom claim is made or suit is brought, subject to the limits of liability.

Limits: Any Auto; OR All Owned Autos; Hired Autos; and Non-Owned Autos: Per occurrence, combined single limit: $500,000 Notwithstanding the foregoing, if Consultant does not own any automobiles, then Consultant must maintain Hired and Non-Owned Auto insurance.

3. Worker's Compensation and Employer's Liability: Worker’s compensation insurance must protect Consultant against all claims under applicable state Worker's Compensation laws at the statutory limits, and employer's liability with the following limits.

Limits: $500,000 Each Accident/$500,000 Policy Limit/$500,000 Each Employee

4. Professional Liability: Consultant must maintain throughout the duration of this Agreement and for a period of three (3) years after the termination of this Agreement, Professional Liability Insurance.

Limits: Each Claim: $1,000,000; General Aggregate: $1,000,000

5. Cyber Insurance: If Consultant will have access to the City's network or City's data, Consultant must maintain throughout the duration of this Agreement and for a period of three (3) years after the termination of this Agreement. Coverage must include: Cyber Incident/Breach Response and Remediation Expenses, Digital Data Recovery, Privacy and Network Security Liability, and Notification Expense.

Limits: Per claim, each insuring agreement: $1,000,000; Aggregate: $1,000,000

B. Exposure Limits. The above are minimum acceptable coverage limits and do not infer or place a limit on the liability of Consultant nor has City assessed the risk that may be applicable to Consultant. Consultant must assess its own risks and if it deems appropriate and/or prudent maintain higher limits and/or broader coverage. The Consultant's insurance must be primary, and any insurance or self-insurance maintained by the City will not contribute to, or substitute for, the coverage maintained by Consultant.

C. Costs. The cost of insurance will be included in the Consultant's bid or proposal and must be at Consultant's expense. All deductibles or self-insurance in the above described coverages will be the responsibility and at the sole risk of the Consultant.

D. Verification of Coverage

1. Consultant must provide a certificate of insurance on ISO form or equivalent, listing the City as the certificate holder, and additional insured endorsements for the requested coverages.

2. Any self-insurance must be approved in advance by the City and specified on the certificate of insurance. Additionally, when self-insured, the name, address, and telephone number of the claim's office must be noted on the certificate or attached in a separate document.

3. When any of the insurance coverages are required to remain in force after final payment, additional certificates with appropriate endorsements evidencing continuation of such coverage must be submitted along with the application for final payment.

4. For cyber insurance, the certificate of insurance confirming the required protection must confirm the required coverages in the "Additional Comments" section or provide a copy of the declarations page confirming the details of the cyber insurance policy.

E. Cancellation. No required coverage may be suspended, voided, or canceled, except after Consultant has provided thirty (30) days' advance written notice to the City.

F. Subconsultant's Insurance: If a part of this Agreement is to be sublet, Consultant must either cover all subconsultants under its insurance policies; OR require each subconsultant not so covered to meet the standards stated herein.

AFFIDAVIT

COUNTY OF )

of the City of , (Name of Individual)

County of , State of ,being duly sworn on her or his oath, states;

1. That I am the (Title) of (Firm Name), and have been authorized by said firm to make this affidavit on its behalf;

OR

|_| The following officer(s), agent(s), or employee(s) of the City of Olathe would be financially interested in or receive a benefit from the profit or payments of any contract, job work, or service provided to the City of Olathe: (list all such officers, agents, or City employees on a separate sheet);

3. (Check the box that applies) |_| If firm were awarded any contract, job work, or service for the City of Olathe, Kansas, no officer, agent or employee of the City would be financially interested in or receive any benefit from the profit or payments of such;

OR

|_| The following officer(s), agent(s), or employee(s) of the City of Olathe would be financially interested in or receive a benefit from the profit or payments of any contract, job work, or service provided to the City of Olathe: (list all such officers, agents, or City employees on a separate sheet);

SEAL

IMPORTANT NOTE: All bid submittals must include a completed, NOTARIZED affidavit form. Failure to do so can result in the rejection of your bid. Scan the completed, notarized affidavit and upload with your bid submittal.

VENDOR RESPONSE FORM

Proposer Information:

Legal Name of Company:

Doing Business As (if different): ___________________________________

Federal Tax ID Number: ____________________________________________

UEI # (Unique Entity Identifier, formerly DUNS): ____________________

Address: ________________________________________________________

City, State, Zip Code: ____________________________________

Contract Person: ____________________________________

Title: ______________________________________________

Phone number: _____________________________

Email address: _______________________

Website: ____________________________

Company Structure and Experience:

Type of Legal Entity (Check one):

[ ] Corporation

[ ] Limited Liability Company (LLC)

[ ] Partnership

[ ] Sole Proprietorship

[ ] Other (Specify): ____________________________________________________

State of Formation/Incorporation:

Date Company Established (MM/DD/YYYY): ________________________________

Acknowledgement & Certifications:

1.

Acknowledgement of Addenda:

The undersigned Proposer acknowledges receipt of the following Addenda to this Request for Qualifications:

Addendum No. ______ Dated: ____________

(If no Addenda have been issued, please state "None". If more space is needed, please attach a separate sheet.)

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