1-RFP-26-0061 Background Screening Services.pdf

Procurement Division PO Box 768 Olathe, KS 66051-0768

REQUEST FOR PROPOSALS

FOR

BACKGROUND SCREENING SERVICES

DATE OF ISSUE: AUGUST 11, 2026 BID NUMBER: RFP-26-0061

Proposals must be received online at Bonfire no later than:

September 9, 2026 at 10:00 AM (CST)

Questions concerning this RFP shall be directed to Bonfire no later than:

September 3, 2026 at 5:00 PM (CST)

Questions will be addressed via addendum on to Bonfire.

https://olatheks.bonfirehub.com/ https://olatheks.bonfirehub.com/

City of Olathe

RFP-26-0061

Background Screening Services

I. INTRODUCTION AND BACKGROUND

The City of Olathe is seeking proposals from qualified contractors to provide comprehensive background screening and related services on an as-needed basis. The selected Contractor shall provide a secure, efficient, user-friendly screening solution capable of supporting the City's employment, volunteer, contractor, public safety, and other screening requirements. The City anticipates that screening services will be requested by authorized City personnel and may vary based on the position, assignment, responsibilities, and applicable legal requirements.

II. SCOPE OF SERVICES

Required Background Screening Services The Contractor shall be capable of providing, at a minimum, the following screening services:

1. Criminal background searches covering a minimum of seven (7) years prior to the date of the search, or the maximum period permitted or required by applicable law.

2. Education verification.

3. Employment verification.

4. Reference checks.

5. Motor Vehicle Record (MVR) searches.

6. Credit reports, when authorized and applicable.

7. Multi-state sex offender registry searches.

8. Terrorist and applicable government watch-list database searches.

9. Credential verification.

10. Kansas Department of Health and Environment (KDHE) screenings, as applicable, including:

o Adult abuse, neglect, or exploitation registry checks;

o Child abuse or neglect registry checks;

o Sex offender registry checks;

o Checks applicable to positions with access to vulnerable populations, patients, or protected health information.

11. Social media screening, when requested and legally permissible.

12. Pre-adverse and adverse action processing and notifications.

13. Handling and reporting procedures for expunged, sealed, dismissed, non-reportable, or otherwise restricted records, including diversion records, in accordance with applicable law.

For each screening service, the Proposer shall describe its methodology, sources, reporting agencies, geographic scope, applicable lookback period, anticipated turnaround time, and any limitations or exceptions.

Preferred Services The City prefers a Contractor capable of providing:

• Professional license and credential verification.

• DOT/FMCSA-regulated screening services, when applicable.

• À la carte screening services that allow the City to select individual screening components based on the requirements of a specific position.

Screening Applications

The Contractor shall provide screening services capable of supporting, at a minimum, the following applications:

• Pre-employment background checks.

• Post-offer screenings.

• Seasonal employee screenings.

• Volunteer screenings.

• Contractor and vendor employee screenings.

• Internal promotion and transfer screenings.

• Public safety positions.

• Parks and recreation and youth-facing positions.

• CDL and other safety-sensitive positions.

• Periodic or recurring rescreening, when requested by the City.

The City shall determine which screening components are appropriate for a particular position or individual.

INVESTIGATIVE METHODOLOGY

For each screening service offered, the Contractor shall completely describe the investigative methodology used.

The response shall include, at a minimum:

• Methodology used to conduct the investigation.

• Databases and sources searched.

• Reporting agencies used.

• Geographic scope of the search.

• Lookback period.

• Procedures for verifying potentially inaccurate, incomplete, or unclear information.

• Procedures for handling expunged, sealed, dismissed, diverted, or otherwise non-reportable records.

• Procedures for delayed or unavailable records.

• Procedures for communicating screening status to authorized City personnel.

• Any limitations associated with the screening service.

REFERENCE SCREENING

The City prefers a Contractor capable of providing reference screening services for newly hired employees.

The Proposer shall indicate whether reference screening services are available and, if offered, shall describe:

• Reference screening methodology.

• Process for obtaining references.

• Methods of contacting references.

• Information collected.

• Documentation provided to the City.

• Typical turnaround time.

• Candidate requirements.

• Applicable fees.

Reference screening fees shall be provided on the Fee Schedule Form.

ADDITIONAL SCREENING SERVICES

The Contractor shall provide a list of additional screening services available to the City beyond the services identified as required or preferred.

All additional screening services and associated fees shall be identified on the Fee Schedule Form.

CONFIDENTIALITY, SECURITY, AND DATA PROTECTION

External Confidentiality and Security The Contractor shall ensure that all candidate and City information is maintained confidentially and protected from unauthorized access, use, disclosure, alteration, or destruction.

The Contractor shall describe measures utilized to protect information, including:

• Data encryption.

• Computer and network security.

• Physical security.

• File and record storage.

• Access controls.

• Record retention and destruction cycles.

• Data backup procedures.

• Disaster recovery.

• Business continuity.

• Contingency plans in the event of service interruption.

• Procedures for responding to security incidents or data breaches.

Internal Access Controls The Contractor shall ensure that only City-authorized personnel are able to access background screening results.

The Contractor's system shall, when applicable, allow access to be restricted by:

• Individual user.

• Human Resources personnel.

• City department or organizational segment.

• User role or responsibility.

• Other appropriate security classifications.

The Contractor shall describe how access is established, modified, monitored, and terminated.

NON-RELEASE OF DATABASES AND MAILING LISTS

The Contractor shall not sell, release, distribute, or otherwise use City-provided information, candidate information, screening information, databases, or mailing lists for purposes unrelated to providing services under the resulting agreement, except as required by law.

The Proposer shall indicate acceptance of this requirement or clearly identify any requested modification.

OWNERSHIP AND USE OF DATA

Information and screening results obtained on behalf of the City shall be used solely for the City's authorized business purposes and shall not be incorporated into the Contractor's database or used to support screening or other services for another employer.

Upon expiration or termination of the agreement, the Contractor shall provide for the secure transfer of City data to the City or its designated successor contractor, as directed by the City.

The Proposer shall describe:

• Data transfer process.

• Available data formats.

• Time required for transfer.

• Security measures used during transfer.

• Associated costs.

• Procedures for deletion or destruction of City data following transfer, when authorized by the City.

The Proposer shall indicate acceptance of this requirement or clearly identify any requested modification.

COMPLIANCE WITH LAWS

The Contractor shall comply with all applicable federal, state, and local laws, regulations, ordinances, policies, and resolutions applicable to the services provided under the resulting agreement.

The Proposer shall describe:

• Experience complying with laws applicable to background screening.

• Access to legal counsel or legal resources regarding applicable screening laws.

• Procedures for identifying and addressing changes in applicable legal requirements.

The Proposer shall indicate acceptance of this requirement or clearly identify any requested modification.

CHANGES IN LAWS

The Contractor shall maintain awareness of changes in federal, state, and local laws and regulations that may affect background screening services.

The Proposer shall describe:

• How staff are kept current regarding legal and regulatory changes.

• Training provided to staff.

• Procedures used to update screening processes.

• Notifications, bulletins, alerts, or other communications provided to the City regarding material changes affecting the services.

The Proposer shall indicate acceptance of this requirement or clearly identify any requested modification.

ORDERING AND PROCESSING

Ordering background screenings shall be user-friendly, efficient, and secure.

The Contractor shall provide appropriate controls to ensure that only authorized City personnel may initiate screening requests.

The Proposer shall describe:

• How requests are submitted.

• Available ordering methods.

• User authentication and authorization.

• Order acknowledgment procedures.

• Information required from the City.

• Information required from the candidate.

• Required disclosure, authorization, waiver, or consent forms.

• Procedures for modifying or canceling orders.

• Procedures for incomplete orders.

• Procedures for delayed orders.

The Proposer shall provide samples of applicable personal history statements, disclosure forms, authorization forms, waiver forms, or other forms used in the screening process.

ORDER RESULTS AND DELIVERY

To maintain confidentiality, background screening results shall be delivered through secure methods.

Routine screening results shall not be transmitted through unsecured mail, fax, or other insecure methods.

The Proposer shall describe:

• Method used to provide results.

• Security controls protecting results.

• Electronic delivery options.

• Candidate access to reports.

• City access to reports.

• Required equipment or software.

• Required City-side system setup.

• Implementation costs.

• Delivery fees.

All applicable delivery and technology fees shall be identified on the Fee Schedule Form.

RESPONSE TIMES

Background screening information shall be available in a timely manner.

The Proposer shall provide realistic turnaround times for each applicable screening service, including:

• Criminal/civil searches.

• Driving history/MVR.

• Identity or Social Security Number verification.

• License/certification verification.

• Education verification.

• Employment verification.

• Reference checks.

• Credit reports.

• Sex offender registry searches.

• Other specialized screenings.

The Proposer shall state whether turnaround times are measured in hours, calendar days, business days, or another measurement.

The Proposer shall also describe how City personnel may check the status of an individual screening request.

RUSH ORDERS

The Contractor shall identify its ability to provide expedited screening services outside of standard turnaround times.

The Proposer shall identify:

• Available expedited services.

• Expedited turnaround times.

• Request procedures.

• Applicable cutoff times.

• Additional costs.

All rush-order fees shall be identified on the Fee Schedule Form.

CUSTOMER SERVICE

The Contractor shall provide customer service and account support throughout the term of the agreement.

The Contractor shall be available to meet with City staff, as reasonably requested, to discuss contract issues, concerns, performance, or service problems without additional cost to the City.

The Proposer shall describe:

• Customer service structure.

• Hours of operation.

• Contact methods.

• Response-time standards.

• Escalation procedures.

• Account management resources.

• Procedures for delayed results.

• Procedures for inaccurate or unclear information.

DISPUTE AND DISCREPANCY RESOLUTION

The Contractor shall assist the City and candidates with questions, disputes, and discrepancies related to background screening results.

The Proposer shall describe:

• Procedures for submitting disputes.

• Procedures for investigating disputed information.

• Procedures for correcting inaccurate information.

• Candidate communication procedures.

• City communication procedures.

• Resolution timelines.

• Documentation provided to the City and candidate.

The Contractor shall identify whether these services are provided without additional cost to the City or candidate.

The Proposer shall provide applicable informational brochures, candidate instructions, or dispute procedures.

LEGAL ACTION AND COURT APPEARANCES

The Contractor shall provide reasonable assistance to the City if legal action, claims, hearings, investigations, or other proceedings arise from background screening services provided under the resulting agreement.

The Proposer shall describe available resources, including:

• Legal or compliance personnel.

• Records and documentation support.

• Investigative resources.

• Witness or testimony support.

• Court or administrative hearing support.

• Applicable fees.

AUDITS

The Contractor shall assist the City with audits or reviews related to background screening services.

The Proposer shall describe:

• Role in supporting a City audit.

• Records available to the City.

• Record retention periods.

• Reporting capabilities.

• Audit request procedures.

• Resources available to assist the City.

• Applicable fees.

CANDIDATE NOTIFICATION

The Contractor shall provide candidate notification services as required by applicable federal and state laws, including the Fair Credit Reporting Act (FCRA).

The Proposer shall describe its ability to:

• Answer candidate questions.

• Provide candidate reports.

• Provide legally required disclosures and notifications.

• Conduct pre-adverse action procedures.

• Conduct adverse action procedures.

• Provide notifications regarding candidate rights.

• Assist with candidate disputes.

• Maintain documentation of required notifications.

The Proposer shall provide sample:

• Pre-adverse action notices.

• Adverse action notices.

• Candidate rights notices.

• Candidate report-request responses.

• Other applicable candidate communications.

CANDIDATE EXPERIENCE AND ACCESSIBILITY

The Proposer shall describe how its solution addresses:

• Candidate communication.

• Mobile access.

• Multilingual support.

• ADA accommodation support.

• Help desk availability.

• Candidate status updates.

• Candidate access to reports.

• Process for correcting disputed information.

• Estimated time required for candidates to complete forms.

• Process for candidates without reliable internet access.

USAGE AND MANAGEMENT REPORTING

The Contractor shall provide routine reports regarding screening activity.

At a minimum, monthly or quarterly reports shall include:

• Requesting City department or agency.

• Candidate name or applicable candidate identifier.

• Type(s) of screening conducted.

• Date requested.

• Date completed.

• Turnaround time.

• Cost by screening type.

• Total cost.

• Pending or incomplete screenings.

Annual reports based on the City's fiscal year shall also be provided.

The Proposer shall identify:

• Report formats.

• File types.

• Reporting frequency.

• Delivery method.

• Custom reporting capabilities.

• Associated costs.

The Proposer shall provide sample reports, if available.

WORKDAY INTEGRATION

The Proposer shall describe its ability to integrate with the City's Workday environment using standard Workday connectors, supported integration methods, or other available integration technologies.

The response shall address:

• Available connector or integration type.

• Data exchanged.

• Automation capabilities.

• Candidate/order creation.

• Status updates.

• Results transmission.

• Security controls.

• Authentication methods.

• Implementation timeline.

• City resources required.

• Testing requirements.

• Exception and error handling.

• Ongoing support.

• Integration-related costs.

If direct Workday integration is unavailable, the Proposer shall describe alternative integration methods and associated costs.

CYBER LIABILITY INSURANCE

The Contractor shall maintain cyber liability insurance appropriate to the nature and volume of confidential information handled under the resulting agreement.

The Proposer shall provide details regarding current cyber liability insurance coverage, including:

• Insurance carrier.

• Coverage limits.

• Policy period.

• Scope of coverage.

• Deductibles or self-insured retentions.

• Coverage for data breaches, cyber incidents, privacy violations, and related liabilities.

The City may require certificates of insurance or other documentation prior to contract execution.

THIRD-PARTY SECURITY ASSURANCE

The Proposer shall provide information regarding independent third-party security assessments, certifications, and assurance reports applicable to the proposed solution.

The Proposer shall identify whether it maintains:

• SOC 2 Type II report.

• SOC 1 report.

• ISO/IEC 27001 certification.

• Other independent security or privacy audit.

• Other recognized third-party security certification or assessment.

For each applicable certification or assessment, provide:

• Name/type.

• Date of most recent assessment.

• Period covered.

• Issuing or auditing organization.

• Scope.

Availability of report or executive summary.

III. 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 – Include company name, address, phone number, email address, and a brief company history.

2. Company Qualifications and Experience – Describe the Proposer’s relevant knowledge, experience, qualifications, and record of performance.

3. Required Forms and Attachments – Complete and return all items identified as “RETURN” in the RFP Attachments and Forms Guide. Items identified as “READ ONLY” are provided for informational purposes and do not require submission.

4. Proposed Team – Identify key personnel and proposed subcontractors, including relevant qualifications, experience, resumes, and areas of responsibility.

5. Relevant Experience – Provide examples demonstrating the qualifications and experience of key personnel performing similar services.

6. Approach and Work Plan – Describe the proposed approach, methods, communication with the City, and anticipated timeline for completing the services.

7. Fee Proposal – Submit pricing as a separate electronic document in accordance with the Fee

Proposal requirements.

8. Additional Information – Provide any additional information the Proposer believes should be considered in the evaluation.

9. Exceptions and Addenda – Clearly identify any exceptions to the RFP requirements and acknowledge receipt of all addenda. Failure to identify an exception shall constitute acceptance of the requirements as stated.

Proposals shall remain valid for 120 calendar days from the RFP opening date.

Failure to provide the required information or follow the submission requirements may result in reduced consideration or evaluation points.

INQUIRIES

Question or requests for information regarding this RFP must be submitted to Bonfire no later than September 3, 2026 by 5:00 PM (CST).

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.

IV. EVALUATION CRITERIA

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

Company Qualifications & Experience: 10 Points Solution Functionality: 20 Points Compliance & Data Security: 15 Points Technology & System Integration: 15 Points Customer Services & Account Management: 10 Points Reporting & Analytics: 5 Points Implementation & Training: 10 Points Fee Proposal: 15 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.

V. SCHEDULE

The following is a tentative project schedule:

RFP Issuance Date: August 11, 2026 Deadline for Questions: September 3, 2026 at 5:00 PM CST Proposal Submission Deadline: September 9, 2026 at 10:00 AM CST Evaluation Period: Week of September 14, 2026 Vendor Demos Week of September 28, 2026 Contract Award October, 2026

VI. CONTRACT AWARD

The City anticipates entering into a contract with the individuals and/or firms who submit the proposal(s) judged by the City to be most advantageous.

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 further reserves the right to negotiate any and all terms of the proposal.

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.

RFP DOCUMENT MISTAKES

(Kansas statues K.S.A. 75-6901 through 75-6906). The respondent shall not be allowed to modify or correct mistakes in the RFP document after the closing. Failure to complete the entire submittal may result in declaring the submittal as non-responsive and the submittal may be rejected. A submittal that is in the possession of the Purchasing Division may not be altered after time and date for closing. E-mail, fax, telegram, telephone, or verbal alterations of a submittal will not be accepted. Respondent may submit an alternative sealed submittal bearing the signature of person authorized for offering a submittal, provided it is received prior to the time and date of closing. A submittal that is in the possession of the Purchasing Division may be withdrawn by the respondent up to the time of the RFP closing.

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.

ATTACHMENTS

Attachment Letter Return Read Only

A Response Matrix x B Vendor Response Form x C City of Olathe Terms and Conditions D Sample Contract and Insurance Exceptions X E Affidavit x

Attachment A – Response Matrix

REQUIRED PROPOSAL RESPONSE MATRIX

The following matrix shall be completed and submitted with the Proposer's proposal.

For each requirement, the Proposer shall indicate one of the following:

• MEETS – The Proposer fully meets the requirement as written.

• MEETS WITH MODIFICATION – The Proposer can provide the requirement but proposes a modification, limitation, or exception.

• DOES NOT MEET – The Proposer cannot provide the requirement.

If the Proposer selects MEETS WITH MODIFICATION or DOES NOT MEET, the Proposer shall provide a detailed explanation.

The Proposer shall provide a response to every row. Blank responses may be considered incomplete.

Requirement / Question Proposer Response

Meets / Modified / Does Not Meet

Exception or Modification

Proposal Page / Supporting Document

Criminal background search – minimum 7-year search

Education verification

Employment verification

Reference checks

MVR search

Credit report

Multi-state sex offender search

Terrorist/watch-list databases

Credential verification

KDHE screenings

Social media screening

Pre-adverse/adverse action process

Expunged/sealed/dismissed/diversion handling

Professional license verification

DOT/FMCSA screening

À la carte screening capability

Pre-employment screening

Post-offer screening

Seasonal employee screening

Volunteer screening

Contractor/vendor employee screening

Internal promotion/transfer screening

Public safety screening

Parks/recreation/youth-facing screening

CDL/safety-sensitive screening

Periodic rescreening

Investigative methodology

Reporting agencies/sources

Geographic scope

Lookback period

Delayed-result procedures

Accuracy/discrepancy procedures

Reference screening services

Additional screening services

Confidentiality measures

Computer/network security

Record storage

Record destruction cycles

Data backup

Business continuity

Service interruption contingency plan

Internal access controls

Department/organizational access controls

Non-release of databases/mailing lists

Ownership/use of City data

Data transfer upon termination

Data deletion/destruction

Compliance with applicable laws

Legal counsel/legal resources

Monitoring changes in laws

Staff training on legal changes

City notifications/bulletins

Ordering process

Authorized-user controls

Order acknowledgment

Required City information

Required candidate information

Forms/waivers/authorizations

Secure results delivery

Candidate report access

City report access

Required equipment/software

Criminal/civil turnaround time

MVR turnaround time

Identity/SSN verification turnaround time

License/credential turnaround time

Education verification turnaround time

Employment verification turnaround time

Reference check turnaround time

Credit report turnaround time

Status tracking capability

Rush/expedited services

Customer service

Account management

Customer service response times

Dispute resolution

Candidate discrepancy assistance

Candidate dispute procedures

Legal action assistance

Court/hearing assistance

Audit support

Records available for audit

Candidate notifications

Pre-adverse action

Adverse action

FCRA rights notifications

Candidate communication

Mobile access

Multilingual support

ADA accommodation support

Help desk

Candidate status updates

Candidate report access

Disputed information correction process

Candidate completion time

Candidates without reliable internet

Monthly/quarterly reporting

Annual fiscal-year reporting

Department/requesting agency reporting

Cost reporting

Turnaround-time reporting

Custom reporting capability

Workday integration

Connector/integration type

Data exchanged

Automation capabilities

Security controls

Implementation timeline

City resource requirements

Exception/error handling

Ongoing integration support

Cyber liability insurance

Coverage limits

Data breach/privacy coverage

SOC 2 Type II

SOC 1

ISO/IEC 27001

Other independent security assessment

Attachment B – Vendor Response Form

VENDOR RESPONSE FORM

Bidder 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: ____________________________________________________________________________________________

General Certification: I hereby certify that the above information is true and correct to the best of my knowledge. I also certify that I hold the authority to contract with the City of Olathe and that this proposal, including all required forms and attachments, is submitted in full understanding and acceptance of all terms, conditions, and requirements set forth in this solicitation.

Authorized Representative Name (Printed): __________________________________________________________

Authorized Representative Signature: _______________________________________________________________

Title: ________________________________________________________ Date: _________________________________

Attachment C CITY OF OLATHE, KANSAS

PROCUREMENT DIVISION

INSTRUCTIONS TO BIDDERS AND GENERAL CONDITIONS

(Revised 02/26)

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 Bonfire. It is the sole responsibility of the vendor to ensure the completeness of the documents received from any 3rd party source other than Bonfire.

2. DEFINITIONS (AS USED HEREIN):

a. The term "Invitation For Bid" means a solicitation of formal sealed bids with a combined or single unit value $100,000.00 and over. The acronym "IFB" means Invitation For Bid.

b. The term “Quick Quote” means a solicitation of informal bids with a combined or single unit value between

$10,000.00 and $99,999.00 The acronym “QQ” means Quick Quote.

b. The term "bid" means the offer by the bidder.

c. The term "bidder" means the person or organization responding to the solicitation.

d. The term “contractor” means a person or organization who is the successful bidder and who enters into a contract with the City.

e. The term "change order" means a written order from the Procurement Manager directing the contractor to make changes to a contract.

f. The term "City" means the City of Olathe, Kansas.

g. The term "City Council" means the governing body of the City of Olathe.

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 at 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.

Bids may not be withdrawn after the bid opening time and date if a bid mistake is based upon an error in judgment. If a nonjudgmental mistake, such as a math error, is suspected by the City or the bidder, the bidder shall respond within two

(2) business days of the bid opening with a request for the City to consider verification of the mistake. Once a bid has been verified, it shall be considered submitted as verified. The City shall permit a bidder to withdraw its bid without penalty or forfeiture of bid security if: (a) a nonjudgmental mistake is evident on the face of the bid, or (b) the bidder establishes by clear and convincing evidence that a nonjudgmental mistake was made.

If multiple bids are received from the same vendor, the City will either consider only one of the bids from that vendor, or reject all bids from that vendor, at the sole discretion of the City.

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 of time 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. ESTIMATED QUANTITIES: Whenever a bid requests prices to be firm for a period of performance, the quantities or usages shown are estimated only with no guarantee made by the City. The quantities are for the bidder’s information only, and the City will be bound only for actual quantities ordered.

10. DISCOUNTS: Cash discounts will be considered in determining the award. Unless otherwise indicated in the IFB, discounts offering 10 days or more will be taken by the City’s Accounts Payable Division, with payment made on the nearest pay period after receipt, inspection and acceptance of articles, and receipt of correct invoice(s).

11. SAMPLES: Samples of items, when required, must be submitted within the time specified at no expense to the City. If not destroyed by testing, samples may be returned at the bidder’s expense unless otherwise indicated in the solicitation.

12. AWARD: Award will be made to the lowest most responsive and responsible bidder, which will be judged on the basis of 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 City’s Procurement Manager.

13. BRAND NAMES: If brand names, make, name of any manufacturer, trade name, or vendor catalog number are specified in these bid documents, it is for the purpose of establishing a grade or quality of material only. When the City does not wish to rule out other brands or makes, the phrase OR EQUAL is added. However, if a product other than that specified is bid, it is the bidder’s responsibility to identify such product in their bid and prove to the City that the product is equal to or better than the product specified. Unless otherwise indicated, evidence in the form of samples may be requested if the proposed brand is other than that specified by the City. Such samples are to be furnished as specified in the solicitation or upon request of the City. Any samples requested by the City must be received by the City no later than four (4) days after formal request is made.

14. VARIATIONS OF SPECIFICATIONS: For purposes of evaluation, bidder must indicate any variances from any provision, specification, or condition stated in this solicitation, no matter how slight. If bidder does not indicate any variations, it will be assumed that the product or service fully compiles with the provisions, specifications, or conditions as stated. If satisfactory bids are not received, the City reserves the right to consider alternate bids containing deviations from stated specifications.

15. QUALITY: Unless otherwise identified in the solicitation, all materials used in the manufacture or construction of supplies, materials or equipment covered by this solicitation shall be new. The items bid must be the latest make or model in current production, as offered to commercial trade, and of the highest quality material and workmanship. Used, shopworn, demonstrator, prototype, or discontinued models are not acceptable.

16. ECO-FRIENDLY (GREEN) PRODUCTS: The City of Olathe supports the use of products that are ecologically friendly to the environment. Bidders are urged to include information with their bid submittal that describes the human health and environmental impact of products proposed. This eco-friendly approach takes into account, but is not limited to, waste production, energy and water use, greenhouse gas emissions, indoor air quality, recycled and reused content and packaging, and the presences of hazardous substances. Prime consideration will be given to these eco-friendly products when compared to mainstream products in cost and packaging.

17. MATERIAL SAFETY DATA SHEET (MSDS): It is mandatory for a manufacturer, supplier, or distributor of hazardous material to supply an MSDS as required by 29CFR 1910.1200 with the first shipment. Any time the content of an MSDS is revised, the vendor is required to provide a new MSDS to the City.

18. ACCEPTANCE OF MATERIAL: The material delivered under this bid shall remain the property of the seller until a physical inspection and actual usage of this material and/or service is made and is accepted by the City. It must comply with the terms of this IFB, and fully comply with specifications, and be of the highest quality. In the event the material and/or services supplied to the City is found to be defective or does not conform to specifications, the City reserves the right to cancel the order upon written notice to the contractor and return product to contractor at the contractor’s expense.

19. 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.

20. DELIVERY: Bidders must indicate the number of calendar days required to make delivery after receipt of a purchase order. Delivery time may be considered in making an award. The City reserves the right to cancel any order, or any part of that order, without obligation if delivery is not made within the time(s) specified on the bid form.

The City may grant additional time for delivery if the City is satisfied the delay is beyond the control of the vendor. Any request for time extension must be in writing and approved by the City’s authorized representative.

All deliveries are to be FOB Destination to the location listed on the purchase order or price agreement unless otherwise specified. Bidders may be requested to provide separate pricing for delivery of all items in this solicitation.

21. THIRD PARTY FREIGHT SERVICE: The City of Olathe may, at its discretion, use a third party freight service to arrange for delivery of the goods ordered as a result of this solicitation. In this case, the freight terms will be FOB Destination/Third Party Prepaid.

22. 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.

23. 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.

24. 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.

25. 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.

26. MANUFACTURER’S CERTIFICATION: The City reserves the right to request from bidders a separate manufacturer certification of all statements made in the bid. Failure to provide any requested certification may result in rejection of bid or termination of contract for which the bidder must bear full liability.

27. 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.

28. 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 In the event that the contract is terminated or cancelled upon request and for the convenience of the City, without the required thirty (30) days advance written notice, then the City shall negotiate reasonable termination costs, if applicable.

2. Termination for Cause Termination by the City for cause, default or negligence on the part of the contractor shall be excluded from the foregoing provision; termination costs, if any, shall not apply. The thirty (30) days advance notice requirement is waived in the event of termination for cause.

3. Termination Due to Unavailability of Funds When funds are not appropriated or otherwise made available to support continuation of performance, the contract shall be cancelled at the discretion of the City.

29. 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. A W-9 Form must be completed as a part of the vendor registration process on Bonfire. Form W-9 can also be found at http://www.irs.gov/pub/irs-pdf/fw9.pdf. Payment shall not be made to contractor without a current W-9 form being filed with the City of Olathe.

30. 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.