2-RFP-25-0085 - Audit Services.docx
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- Audit Services
- Solicitation number
- RFP-25-0085
- Issued by
- Johnson County, Kansas
About this file
This document is a Request for Proposals (RFP) issued by the City of Olathe, Kansas, specifically the City's Economy Department, seeking external audit services. The RFP solicits proposals from qualified firms to perform annual audits for fiscal years 2025, 2026, and 2027, with an option for an additional two-year term. The audit services will cover the City's financial records, including 26 funds (General Fund, Special Revenue Funds, Debt Service Funds, Enterprise Funds, Internal Service Funds, and Capital Projects Fund), preparation of a single audit report, and related filings. The proposal responses are due on October 13, 2025, at 10:00 AM (CT), with questions accepted until October 3, 2025. The City anticipates recommending an award to the City Council on November 4, 2025.
The City of Olathe operates with an approximately $627 million budget for 2026 and approximately 1,142 employees (peaking at 1,500 during seasonal periods). The selected firm will utilize the City's Workday ERP software and must perform audits in accordance with Government Finance Officers Association (GFOA) standards, including preparation of the Annual Comprehensive Financial Report and compliance with OMB circular A-133 requirements. The audit will cover the City, Fireman's Relief Fund, Park & Recreation Foundation, Mahaffie Foundation, and Olathe Housing Authority. While specific budget details are not provided, the RFP indicates that pricing and cost will be a factor in vendor selection, with technical expertise and experience weighted more heavily (50% technical quality, 30% project approach, and 20% cost).
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Procurement Division PO Box 768 Olathe, KS 66051-0768
REQUEST FOR PROPOSALS
FOR
AUDIT SERVICES - RFP-25-0085
Proposals must be received online at Bonfire no later than:
October 13, 2025, at 10:00 AM (CT)
Questions concerning this RFP shall be directed to Bonfire no later than:
October 3, 2025, at 5:00 PM (CT) Questions will be addressed via addendum on to Bonfire.
City of Olathe
Shari Pine, CPPO, CPPB CPM Interim Procurement Manager spine@olatheks.org 913-208-4724
INTRODUCTION
The City of Olathe Economy Department is seeking proposals from qualified firms for external audit services for a three-year term with the option for one additional two-year term upon the agreement of both parties.
GENERAL INFORMATION
The City is a full-service city located in the Kansas City metropolitan area with a population of approximately 149,000. It is the county seat of Johnson County, Kansas. The City operates under a Mayor-Council-Manager form of government.
The City provides the traditional governmental services of police, fire, public works, engineering, planning, recreation, and human services. In addition, the City provides water, sewer, and residential trash collection to all residents, and operates a commercial sanitation service. The City has approximately 1,142 but can peak at 1,500 during seasonal employment periods. The 2026 budget is approximately $627 million.
Prior Annual Comprehensive Financial Reports can be found at http://www.olatheks.org/government/finance-services/financial-reports.
The City currently has 26 funds, consisting of the General Fund, Special Revenue Funds, Debt Service Funds, Enterprise Funds, Internal Service Funds, and Capital Projects Fund, which includes six major funds (four governmental and two business type). The City’s Single Audit typically includes the audit of two to three major programs.
The City utilizes Workday ERP software for financial accounting and reporting, budgeting, payroll, procurement, and human resources.
The selected firm will perform audits for the 2025, 2026 and 2027 fiscal years. The City does not employ an audit firm rotation policy.
SCOPE OF SERVICES
The successful firm will perform an annual audit of the City’s financial records, prepare a single audit report, and submit all documents and required filings. Audits shall also be performed for the Fireman’s Relief Fund, the Park & Recreation Foundation, and the Mahaffie Foundation, along with preparation of related tax forms.
Firm shall perform an audit under separate contract for the Olathe Housing Authority, a component unit of the City.
The audit shall be performed in accordance with all applicable accounting and auditing requirements as stated in RFP-25-0085 and shall include the City and its related programs and entities.
Firm shall prepare a governance letter and management letter to include a statement of audit findings and recommendations that will be presented to City management and the Olathe City Council (“Governing Body”). These will include, but are not limited to, financial statement, internal controls, material weaknesses, significant deficiencies,s, duplication, accounting systems, and legality of actions. Firm shall provide draft management letter comments in a timely fashion as they occur.
Firm will also prepare the Annual Comprehensive Financial Report in a timely manner and ensure that the ACFR meets the standards for the Government Finance Officers Association (“GFOA”) Certificate of Achievement and preparation of the OMB circular A-133 Report and Management Letter.
Completion of the ACFR, review and delivery of the independent auditor’s report and management and governance letters shall be submitted to the Finance leadership no later than the 3rd week of May of each year, after completion of the audit.
Firm shall present audit findings and draft response to the Audit Committee in early June each year, and final reports will be presented at the Council Meeting on the third Tuesday of June each year.
QUALIFICATIONS
Audit must be performed by a firm that meets the independent standards of the GAO Standards of Governmental Organizations, Programs, Activities, and Functions. The firm and its partner in charge of the audit must have experience in auditing similar sized and governmental functions; field supervisors that have relevant experience and education; ability to work under a time frame set forth by the City; and ability to perform consulting services as may be required throughout the year by the City.
SUBMISSION OF PROPOSAL
In order to simplify the review process and obtain the maximum degree of comparison, proposals must be organized in standard format. The following outline for organizing the proposal shall be used to provide necessary information. The following items must be downloaded, completed, and uploaded to Bonfire , along with your proposal, to provide a complete response package:
A. Title Page - Indicate the name of the firm, address of office performing work, telephone number, name of the contact person, and the date.
B. Required Forms – Include completed Vendor Response Form, notarized Affidavit and Exhibit A – Cost Sheet.
C. Table of Contents - Include a clear identification of the material by section and by page number.
| D. | Transmittal Letter (Limit to one to two pages) | |
| (1) | Briefly state the firm's understanding of the services to be performed and make a positive commitment to perform the services within the time period stated earlier. | |
| (2) | State the names of the persons who will be authorized to make representations for the firm; their titles, addresses, telephone numbers, and email addresses. |
| E | Profile of the Firm | |
| (1) | State whether the firm is local, regional, or national, both in location and with services provided. | |
| (2) | State the location of the office from which the service is to be performed and the number of professional staff employed at the office. | |
| (3) | Describe the range of activities performed by the office, such as auditing, accounting, tax services, management services, etc. | |
| (4) | Describe the office's capability of auditing governmental units, including the number of personnel skilled in governmental auditing. |
| F. | Mandatory Criteria | |
| (1) | State if the firm is a properly licensed CPA firm. | |
| (2) | State if the firm meets the independent standards of the GAO Standards for Audit of Governmental Organizations, Programs, Activities and Functions. |
| G. | Summary of the Firm's Qualifications | |
| (1) | Identify the staff members and supervisors who will work on the audit. Resumes indicating relevant experiences and education for each supervisory person to be assigned to the audit should be included. (The resumes may be included as an appendix.) | |
| (2) | Provide a listing of recent clients the firm provided audit and financial statement preparation for that are most similar to the type of services requested for the City of Olathe and submit names of clients who applied for and received the GFOA Certificate of Achievement Award. | |
| (3) | Provide the government name, contact person, telephone number, and email address for a minimum of three (3) audits completed in the past two (2) years. | |
| (4) | Include a copy of your firm’s latest peer review report. |
| H. | Firm's Approach to the Audit | ||
| (1) | Submit a work plan to accomplish the scope of services defined in these guidelines. The work plan should include time estimates for each significant segment of the work and the staff level to be assigned. Any planned use of specialists should be specified. | ||
| (2) | Financial Audit | ||
| (a) | State whether the audit will be made in accordance with generally-accepted auditing standards. | ||
| (b) | State that the primary purpose of the examination is to express an opinion on the financial statements and that such an examination is subject to the inherent risk that errors or irregularities may not be detected. | ||
| (c) | State that if conditions are discovered which lead to belief that material errors, defalcations or other irregularities may exist, or if any other circumstances are encountered that require extended services, the auditor will promptly advise Resource Management. | ||
| (d) | State that no extended services will be performed unless they are authorized in the contractual agreement or in an amendment to the agreement. | ||
| (3) | Compliance Audit | ||
| (a) | State that in accordance with the auditing standards of the cognizant agency or in accordance with other applicable standards, the proposal will indicate the necessary procedures to test compliance and to disclose noncompliance with specific laws and regulations. |
I. Firm's Staff Rotation Policy - submit the firm's staff rotation policy as it relates to the audit senior, audit manager, audit partner, and quality control partner. Also describe the firm’s approach to continuity of staff from year to year as it pertains to the City’s audit.
| J. | Quality Control | |
| (1) | Submit the firm's review procedures for governmental audits. | |
| (2) | List names, classifications and qualifications of those performing the review. |
K. Work Space Requirements - describe the minimum amount of space and furniture required by the engagement team. The firm is expected to provide its own supplies and any required computer equipment or office supplies. Reasonable copying requests will be allowed.
L. Engagement Schedule – To ensure the engagement can be conducted in an orderly fashion, an engagement work plan is required. Understanding the difficulty in preparing such a schedule without a background review, please provide either a preliminary schedule which would be included with the proposal, with supporting discussion of how the schedule will be updated, or a statement defining the firm's methodology in preparing such a schedule.
| M. | Compensation | |
| (1) | State the total estimated hours and hourly rate required by each staff classification and the resulting maximum annual fee. The maximum fee is to include the single audit which would include one major program plus the amount for each additional major program. | |
| (2) | Since the firm selected will be given the opportunity to perform the audits starting with the 2025 fiscal year, the maximum fee for fiscal years 2026 and 2027 must be submitted. | |
| (3) | It may become necessary from time-to-time for the City to request the auditor to render additional services to either supplement the services requested in this RFP, perform additional work as a result of specific recommendations included in any report issued on this engagement or other such work agreed to between the City, Governing Body, and the firm. State the hourly rates by classification that will apply for any additional work. |
PAYMENT FOR SERVICES
Firm shall submit invoices for payment on a monthly basis to include all services performed. Invoice shall be submitted to Accounts Payable at apolathe@olatheks.org, or PO Box 768, Olathe, KS 66051. Terms are Net 30 days.
TAXES AND OVERHEAD
Firm shall assume full responsibility for workers’ compensation, state and federal unemployment taxes, social security, withholding tax deductions, uniforms, training programs, liability insurance, legal liability insurance, and all necessary licenses, administration, inspection, and supervision costs in the performance of this contract.
INDEPENDENT CONTRACTOR
Firm shall at all times operate as an independent contractor and shall not be considered an agent or employee of the City.
TERMINATION
Subject to the provisions below, any contract derived from this Request For Proposal may be terminated by either party upon thirty (30) days advance written notice to the other party; but if any work or service hereunder 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.
A. 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.
B. Termination for Cause - termination by the City for cause, default or negligence on the part of the firm 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.
APPROPRIATIONS CLAUSE
The City is subject to the Kansas Cash Basis Law. Accordingly, execution and continuation of the contract resulting from this RFP is contingent upon annual appropriation of funds by its legislative body in an amount sufficient to allow performance in accordance with the terms and conditions of the contract. The City shall, upon determining 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.
PRE-PROPOSAL QUESTIONS
Questions regarding the RFP will be accepted until Friday, October 3.
Please submit your questions on Bonfire. Your questions will Be addressed in an addendum to the RFP that will be published no later than Wednesday, October 8, 2025.
ADDENDA
If revisions to the RFP become necessary, the City will provide addenda via Bonfire to all known potential Proposers. All addenda issued by the City will include a receipt form which must be signed and uploaded to Public Purchase with your proposal. If multiple addenda are issued, a separate receipt for each addendum must be included with your proposal.
All questions regarding this RFP must be submitted to Bonfire no later than close of business on Monday, October 13, 2025 at 5:00 p.m. CDT. Answers will be available to all interested firms by means of an addendum to the RFP on Bonfire.
CRITERIA FOR SELECTION
The following criteria will be used in the overall selection of the vendor for these services.
1. Mandatory Elements
a. The firm is independent and licensed to practice in Kansas.
b. The firm has no conflict of interest with regard to other work performed with the City.
c. The firm adheres to the instructions in this request for proposal on preparing and submitting the proposal.
d. The firm submits a copy of its last peer review report.
2. Technical Quality
a. Expertise and Experience (50%)
i. The firm’s experience and performance on comparable government engagements with emphasis on the GFOA Certificate of Achievement for Excellence in Financial Reporting program and single audits.
ii. The experience of the firm’s professional personnel to be assigned to the engagement and the firm’s management support personnel to be available for technical consultation.
iii. The firm’s experience in performing the required work for other governmental entities of similar type and size.
b. Project Approach (30%)
i. Detailed approach to complete the audit, including the audit schedule, understanding of the scope of services, roles of assigned staff, identify/recognize critical or unique issues specific to the audit.
ii. Completeness and clarity of proposals as submitted.
c. Cost (20%)
Respondents shall be aware that after opening and during the evaluation process, the proposals submitted remain confidential. Once a decision to award is made, all proposals are subject to public disclosure consistent with Kansas law. Respondents must invoke the exemptions to disclosure provided by law and must clearly identify in the proposal the data or other materials to be protected and state both the reasons why such exemption from public disclosure is necessary and the legal basis for such exemption. All other contents of the submitted proposals become public record once an award has been determined.
ORAL PRESENTATIONS
During the evaluation process, the Selection Committee may, at its discretion, request any one or all firms to make oral presentations. Such presentations will provide firms with an opportunity to answer any questions the Selection Committee may have regarding a firm’s proposal. Not all firms may be asked to make such oral presentations.
TIMELINE
| RFP posted on Bonfire |
| September 19, 2025 |
Questions accepted on Bonfire until Addendum Issued in Response to Questions October 3, 2025 October 8, 2025
| Receipt of proposals |
| October 13, 2025 by 5 p.m. CDT |
| Interviews and Presentations for Finalists |
| October 22, 2025 (afternoon) |
| Recommendation of award to Council |
| November 4, 2025 |
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.
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 proposals 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 a contract 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.
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.
City of Olathe terms and conditions can be found on the Procurement page of the City website: https://www.olatheks.gov/government/procurement.
CITY OF OLATHE
RFP-25-0085
Audit Services
CITY OF OLATHE, KANSAS
PROCUREMENT DIVISION
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 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 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. 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 Procurement Manager of the City.
12. 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.
13. 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.
14. 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.
15. 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. |
16. 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 Mercell Source to Contract. 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.
17. 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.
18. 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.
19. 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.
20. 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 at all possible, be by use of a VISA Purchasing Card.
21. 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.
22. GOVERNING LAW: Any agreement resulting from this solicitation shall be interpreted under and governed by the laws of the state of Kansas.
23. 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.
24. 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. Kansas companies can file online. Foreign companies cannot yet file online. Foreign companies would need to complete and submit the FA, FL, FLLP, or LPF forms to receive the information needed to register with the Secretary of State then get a Certificate of Good Standing thereafter. Call the Kansas Secretary of State office at 785-296-4564 if you have questions.
41. ADDITIONAL INFORMATION: Additional information may be obtained from the Procurement Division Office at
(913) 971-9005 or www.olatheks.org.
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