4-RFP 4432 - Finance and HR Assessment - FINAL.pdf

RFP # 4432

FINANCE AND HUMAN RESOURCES

ASSESSMENT SERVICES

Proposal Deadline: Friday, August 8th, 2025, 5:00PM CST

Finance & Human Resources Department Assessment Services

RFP #4432

DEADLINE: Friday, August 8, 2025 AT 5:00 P.M.

PROPOSED PROJECT SCHEDULE

Advertisement for RFP Saturday, June 28, 2025

Questions Due Friday, August 1, 2025

Proposals Due Friday, August 8, 2025

Proposal Review** Week of August 11, 2025

Vendor Discussions (if applicable)** Week of August 25, 2025

Contract Award** Week of September 1, 2025

**Estimated times, pending the number of proposals received and how quickly the selected vendor submits the appropriate contract documentation to the City.

OVERVIEW

The City of Owensboro (“City”) is soliciting proposals from qualified consulting firms to conduct a comprehensive assessment of the Finance and Human Resources (HR) Department, evaluating staffing levels, workload distribution, and operational efficiency. The goal is to propose an organizational chart and organizational model of ideal structure and what processes are controlled and executed at each level.

The vendor must possess knowledge, skill, and experience in providing accounting, finance, and human resources services to government entities.

The selected firm will assess the City’s current environment to determine existing strengths and weaknesses and provide a basis for future investment and alignment.

The assessment shall consist of reviewing the current Finance and HR structure and staffing and evaluating the current use of technology (including applications, hardware, software, networks, and security) to identify any gaps in services and provide recommendations and action steps to move toward improvements and efficiencies.

The assessment should,

• provide an analysis of how Finance and HR resources are deployed and how they are rated when compared to industry standards and best practices.

• determine if resources are sufficient and being allocated in the most efficient manner.

• identify any service delivery options that may meet the City’s needs in a more cost-efficient and effective manner.

• identify the pros and cons as well as the estimated costs of various options.

DEADLINE: Friday, August 8, 2025 AT 5:00 P.M.

BACKGROUND

The Finance Department is responsible for providing a range of functions, including but not limited to:

• Budgeting and financial planning

• Long-Range Plans for various Funds

• Accounting and financial reporting (monthly financials and annual audit)

• Procurement and contract management

• Grants and fund accounting (including HUD and Transit)

• Accounts Payable and receivable

• Tax collection (Occupational Tax, Property Tax, Insurance Premium License)

• Managing and administering 2 TIFs (Tax Increment Financing)

• Managing and administering Transient Room Tax program and collection

• Cash management, bond investments, issuance of bonds

Due to organizational growth, changes in service delivery, and evolving reporting requirements, the department seeks an objective review of staffing adequacy and workload allocation.

The 2025 staffing level for the Finance Department is 17 full-time positions. The staff is comprised of:

DEADLINE: Friday, August 8, 2025 AT 5:00 P.M.

The Human Resources Department is responsible for providing a range of functions, including but not limited to:

• Recruitment and Staffing

• Payroll, Classification & Compensation

• Benefits Administration

• Employee Relations

• Policy Development & Compliance

• Oversee Performance Evaluation Process

• Trainings and Development

• HRIS & Records Management

• Risk Management & Safety

The 2025 staffing level for the HR Department is 6 full-time positions. The staff is comprised of:

SCOPE OF SERVICES

Review existing Finance and HR capabilities and structure:

1. Review and evaluate the current Finance and HR departments’ organizational structure, staffing levels and the use of contracted services. Perform a gap analysis of the entire Finance and HR organization including type of staff, staffing levels, distribution of staff versus future needs. Provide recommendations for Finance and HR organization, level of staff, and placement of staff to support the needs of the City.

2. Evaluate current Finance and HR staff skill levels and perform a gap analysis comparing current staff to skill levels required to meet proposed changes. Provide recommendations for addressing staff changes and/or staff training and education needs. Include recommendations on the need for and use of contracted resources as appropriate.

3. Perform a gap analysis comparing the City’s current state to peer jurisdictions and best practices of a modern, service-centric Finance and HR organization. Provide recommendations where needed.

4. Provide an implementation plan prioritizing the recommendations and identifying resource and timeline requirements necessary to achieve the desired outcome.

DEADLINE: Friday, August 8, 2025 AT 5:00 P.M.

PROPOSAL FORMAT

Proposals should be formatted to address all items outlined below. Proposers are required to submit a written narrative addressing each of the section items including section bullets:

1. Cover Letter

• Provide an overview of how your company will approach the project for the City.

2. Company Profile

• Provide the length of time company has been in business.

• Provide the length of time company has been offering Assessment services.

• Total number of government assessments performed

• Total number of assessments performed

• List number of current employees.

3. Key Personnel

• List name, title, role.

• List education, years of experience.

• One source vendor is preferred. If utilizing subcontractors for any portion of the project, then provide key personnel and company information.

4. Relevant Experience (minimum of three references, five preferred) – References should be for entities of similar size to the City.

List the following information:

• Client name

• Contract duration

• Client contact person, title, phone number and email address

5. Project Development Approach

• Show the proposed timeline.

• Provide a detailed narrative of all project phases and deliverables, including the City’s role (include sample reports from previous engagements).

6. Provide any additional information (as applicable to the project).

7. Provide the proposed cost.

DEADLINE: Friday, August 8, 2025 AT 5:00 P.M.

EVALUATION CRITERIA

The proposals received pursuant to this RFP will be evaluated on the following selection criteria:

Criteria Points (maximum) Experience and Qualifications 30 Methodology & Approach 30 Cost 20 References 10 Timeline 10

TOTAL: 100 POINTS

EVALUATION PROCESS

The City will conduct a multi-stage process for selecting proposals that are determined to be reasonably susceptible to award.

Stage 1:

The RFP evaluation committee shall score all proposals based upon the evaluation criteria detailed in this RFP. Upon completion of the scoring, the committee shall recommend short-listing the proposals that are reasonably susceptible of being awarded.

Stage 2:

Vendors whose proposals have been identified as reasonably susceptible to award may be invited to discuss their proposal with the RFP evaluation committee. The date, time and location of the meetings will be negotiated.

The committee may carry out contract negotiations for the purpose of obtaining best and final offers, terms, and conduct detailed reference checks on the short-listed vendors. The City reserves the right to contact respondents with requests for clarification.

Both the proposers and the City promise to negotiate in good faith. The City may exercise its rights to recover the expenses incurred for consultants and legal services as damages, if it determines negotiations were not undertaken in good faith.

PROPOSAL ACCEPTANCE

City may award proposals in its best interest, reject proposals or any part of them, award contracts in whole or part, waive what it concludes in its discretion are minor problems with proposals, including but not limited to formalities or technicalities. The City may consider any alternative proposals, which meet its needs.

AWARD

There exists the possibility that an award may be made on the basis of initial offers if it can be clearly demonstrated and documented from the existence of adequate competition or accurate prior cost experience

DEADLINE: Friday, August 8, 2025 AT 5:00 P.M.

that acceptance of an initial offer without discussion (Stage 2) would result in fair and reasonable prices (KRS 45A.370(3)(c)).

The City may cancel this RFP, in whole or in part, at any time, without penalty. Unless otherwise specified by the City or the proposer, the City may reduce the scope depending on the proposals received, pricing and the funding available.

GENERAL COMPLIANCE:

Please read these instructions carefully.

BONFIRE PORTAL: The bid/contract documents and all addenda can be downloaded from the City’s online Bonfire portal at https://owensboro.bonfirehub.com. Once registered, bidders can download all bid/contract documentation.

RFP DOCUMENTS:

• This Request for Proposals does not constitute an offer by the City to enter into a contract and is not an offer which can be accepted by the proposer to form a contract.

• The finalist proposer will enter into a contract with the City.

• In making copies of the RFP documents available, the City does so only for the purpose of obtaining proposals on the work and does not confer a license or grant permission for any other use of the RFP documents.

• Proposers shall use complete sets of RFP documents in preparing proposals; the City does not assume responsibility for errors or misinterpretations resulting from the use of incomplete sets of RFP documents.

• The proposer shall carefully study and compare the RFP documents with each other and shall at once report to the Purchasing Manager errors, inconsistencies, or ambiguities discovered.

• The City shall not be responsible for nor reimburse vendors for the cost to prepare and submit their proposals.

NO PROPOSAL: Proposers unable or unwilling to submit a proposal, are encouraged to provide the Purchasing Department feedback as to why they are not participating in the procurement process via the “Intent to Bid” portion of the Bonfire Portal.

ALTERNATE PROPOSAL: Separate pricing options for different scopes of work outside the base RFP scope must be approved by the City at least 7 days before proposal due date to be considered.

MULTIPLE PROPOSALS: Vendors interested in submitting more than one proposal may do so, so long as each proposal stands alone and independently complies with the instructions, conditions and specifications of this RFP.

BIDDER’S EXCEPTIONS: Any deviation from the specification or where submitted literature does not fully support meeting the specification(s), must be clearly cited on the attached page labeled “Exceptions to Bid Specifications.” No deviation below “minimum” specifications will be accepted.

https://owensboro.bonfirehub.com/

DEADLINE: Friday, August 8, 2025 AT 5:00 P.M.

ADDENDA AND INTERPRETATIONS: No interpretation of the meaning of the plans, specifications or other bid documents will be made to any proposer orally.

Any communication related to solicitations, including the posting of Addenda and/or Q&A, will be available at https://owensboro.bonfirehub.com. Any questions can be asked through the available “Ask A Question” button within the solicitation in the Bonfire portal. Vendors must be registered and logged in to ask questions and should contact the Bonfire Support team at Support.Bonfire@eunasolutions.com if they have any issues.

To be given consideration, questions/clarification requests must be received 7 days before the proposal’s submission due date. The “question due date” is also displayed on the Bonfire portal. Failure of any proposer to receive any such answer, addendum or interpretation shall not relieve such a proposer from any obligation under his/her bid as submitted. All addenda so issued, or answer(s) posted in the Q&A section through the Bonfire portal shall become part of the contract documents.

CONTACTING THE CITY: No person or entity submitting a proposal in response to this RFP, (nor any officer, employee, agent, representative, relative or vendor representing such a person/entity), may contact or engage in discussion concerning the award of this contract with any member of the City during the period beginning on the date of proposal issue and ending on the date of selection of the vendor. Any such contact may be grounds for disqualification of the proposer. Contact with the City’s Purchasing Department staff during such time period must be limited to written questions.

PROPOSAL SUBMISSION: Proposals must be submitted through the online Bonfire Portal at:

https://owensboro.bonfirehub.com. Submissions by other methods will not be accepted. Minimum system requirements: Microsoft Edge, Google Chrome, Safari, or Mozilla Firefox. (Javascript and browser cookies must be enabled.)

Vendors should contact the Bonfire Support team at Support.Bonfire@eunasolutions.com for technical issues. Vendors can also visit Bonfire’s help forum at https://vendorsupport.gobonfire.com/hc/en-us.

Submission materials should be prepared in the file formats listed under Requested Information for this opportunity in the Bonfire Portal. The maximum upload file size is 1000 MB. Documents should not be embedded within uploaded files, as the embedded files will not be accessible to be evaluated.

All submission documentation shall become the property of the City and will not be returned to the proposer unless an agreement in writing is secured before the proposal is submitted to the City.

There will not be a public opening of the proposals.

NON-ENDORSEMENT: As a result of the selection of a vendor to provide products and services to the City, the City is neither endorsing nor suggesting that the vendor's product is the best or only solution. The vendor agrees to make no reference to the City in any literature, promotional material, brochures, sales presentation or the like without the express written consent of the City.

METHOD OF PROCUREMENT: Competitive Negotiation (KRS 45A.370) will be the method of procurement for the purchase of the item(s) and service(s) specified herein.

https://vendorsupport.gobonfire.com/hc/en-us

DEADLINE: Friday, August 8, 2025 AT 5:00 P.M.

COOPERATIVE PURCHASING: Per KRS 45A.420 – all local public agencies are allowed and given permission by the City to piggyback off this contract.

The public agency accepts responsibility for compliance with any additional or varying laws and regulations governing purchase by or on behalf of the public agency in question. A purchase by a public agency must be affected by a purchase order from the public agency, directed to the vendor.

The City accepts no responsibility for the performance of any purchasing contract by the vendor, and the City accepts no responsibility for payment of the purchase price for any public agency.

SYSTEM FOR AWARD MANAGEMENT (SAM.GOV): Awarded vendor cannot be listed as “disbarred” on Sam.gov.

KENTUCKY OPEN RECORDS LAW: At the time a proposal is submitted to the City, vendor shall identify any information that is submitted as part of the proposal that is proprietary or confidential in nature and not subject to release for public inspection. The City will protect any proprietary or confidential information to the extent allowable under the Kentucky Open Records Act.

Proposals for competitive negotiation shall not be subject to public inspection until negotiations between the City and all offerors have been concluded and a contract awarded to the responsible proposer submitting the proposal determined to be the most advantageous to the City based on the criteria set forth in the RFP.

PRICING: All prices shall be quoted exclusive of any taxes. The City is exempt from Federal excise, transportation and/or Kentucky sales tax. Any items supplied directly to the City from a supplier/manufacturer are exempt from sales tax. Any items purchased by a vendor that will be used in the fulfillment of a contract are not exempt from sales tax.

In case of a discrepancy in the extension of a unit price, the unit price shall govern the total price.

Prices quoted shall remain firm and open to acceptance by the City for a minimum period of ninety (90) days after the proposal closing date.

Project-Specific Contracts: Pricing for specific City projects shall not change for the duration of the contract, including all renewals (as applicable).

Prices for any proposal item shall not be contingent upon the purchase of any other Proposal item.

PAYMENT:

Firm-fixed-price contract.

NET 30 after delivery of products, software or services.

No down payment or advance payment of any kind will be made. All invoices must list the PO number and are to be submitted to the following address:

DEADLINE: Friday, August 8, 2025 AT 5:00 P.M.

City of Owensboro – Accounts Payable

101 E. 4th Street Owensboro, KY 42303 accountspayable@owensboro.org

The City will pay the vendor submitted invoices within thirty (30) days after the City’s receipt and acceptance of the goods or completion and acceptance of the services, provided that vendor has listed all appropriate information on the invoice and complied with all contractual requirements. Payment must be full compensation for goods delivered, work performed or services rendered, including all labor, materials, supplies, equipment and other expenses. The City reserves the right to require the vendor to correct any submitted or paid erroneous invoices according to the rates set forth herein. The City and vendor agree that any amount paid in error by the City does not constitute a change in the agreed upon amount; Vendor agrees to issue a refund of any overages paid in error by the City. The total on the Purchase Order is to be the not-to-exceed amount and is not to be construed as a guaranteed amount due to the vendor.

BONDING: There is no bid bond, performance bond, supply bond, or payment bond required for this RFP.

FAILURE TO PERFORM: Any vendor awarded a contract who fails to fulfill all obligations on this contract may be disqualified from bidding on any City proposal for a period of up to five (5) years. Should the vendor fail to perform as indicated herein the City reserves the right to procure the required services elsewhere at its discretion, either temporarily or permanently, and to either suspend or cancel all or part of the contract. Should such action be taken, the vendor shall be responsible for all excess costs incurred by the City.

TERMINATION FOR CAUSE: City may terminate a contract because a vendor fails to perform its contractual duties.

If a vendor is determined to be in default, City shall notify the vendor in writing and may either 1) terminate the contract immediately or 2) set a date by which the vendor shall cure the identified deficiencies. City may proceed with termination if the vendor fails to cure the deficiencies within the specified time.

A default in performance by a vendor for which a contract may be terminated shall include, but not be limited to:

Failure to make delivery within the time specified or according to a delivery schedule fixed by the contract;

Failure to diligently advance the work under a contract for services;

The filing of a bankruptcy petition by or against the vendor; or

Actions that endanger the health, safety or welfare of City or its citizens.

If, during the terms of this contract, funds are not appropriated for the payment of the City’s obligations hereunder, the City’s rights and obligations herein shall terminate on the last day for which an appropriation has been made.

AT WILL TERMINATION: Notwithstanding the above provisions, the City may terminate this contract at will in accordance with the law upon providing thirty (30) days’ written notice of that intent. Payment for services or

DEADLINE: Friday, August 8, 2025 AT 5:00 P.M.

goods received prior to termination shall be made by the City provided those goods or services were provided in a manner acceptable to the City. Payment for those goods and services shall not be unreasonably withheld.

AMENDMENTS / CHANGE ORDERS: No alteration, change, modification or amendment to this Contract is effective unless by an instrument in writing executed by the legally authorized parties hereto. Any changes in the scope of work or compensation must be mutually agreed upon between City and the Vendor and must be incorporated in written amendments to the Contract.

INSURANCE REQUIREMENTS:

1. The successful proposer covenants and agrees to maintain and keep in force during the term of the contract worker’s compensation, property, casualty, and general liability in the following minimum amounts:

Type of Insurance Limits Worker’s Compensation Statutory Commercial General Liability $1,000,000 (per occurrence)/

$2,000,000 (aggregate) Commercial Automobile Liability $1,000,000 CSL Professional Liability $1,000,000

2. On all general and automobile liability policies of insurance, as primary and non-contributory, vendor shall have the City named as an additional insured and shall further require that their liability carrier(s) notify the City at least thirty (30) days prior to the effective date of any change(s) in or cancellations of said insurance policies. A waiver of subrogation shall also be provided for all insurance policies. Awarded vendor shall have 10 business days to submit their insurance to the Purchasing Department. Submission of insurance certificate copy may be included with the bid package.

HOLD HARMLESS AGREEMENT: The vendor/subcontractor covenants to save, defend, keep harmless, and indemnify the City and all of its officers, departments, agencies, agents, and employees from and against all claims, loss, damage, injury, fine, penalties, and costs including court costs and attorney’s fees, charges, liability, and exposure however caused resulting from, arising out of, or in any way connected with the vendor’s/subcontractor’s negligent performance or non-performance of the terms of the contract.

FORCE MAJEURE: Neither proposer nor the City shall be liable in damages or have the right to terminate a contract executed hereunder for any delay or default in performing that contract if such delay or default is caused by conditions beyond either party’s control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected.

NO WAIVER: No failure or delay by the City in exercising any right, remedy, power or privilege hereunder, nor any single or partial exercise thereof, nor the exercise of any other right, remedy, power or privilege shall operate as a waiver hereof or thereof. No failure or delay by the City in exercising any right, remedy, power or privilege under or in respect of this contract shall affect the rights, remedies, powers or privileges of the City hereunder or shall operate as a waiver thereof.

DEADLINE: Friday, August 8, 2025 AT 5:00 P.M.

PROPOSER’S QUALIFICATIONS: Vendor must demonstrate to the satisfaction of the City that it has adequate equipment, personnel, experience and understanding of the specifications to perform service under the contract. No contract will be awarded to any bidder who, in the opinion of the City, is not qualified to perform satisfactorily due, but not limited, to the following:

• A previously unfavorable performance

• Reputation or lack of experience

• Organizational stability

• Insufficient equipment

• Insufficient personnel to conduct and complete the services in accordance with the terms and conditions of the contract.

The City may make such investigations as it deems necessary to determine the ability of the proposer to perform the work, and the proposer shall furnish to the City all such information and data for this purpose as the City may request. The City reserves the right to reject any bid if the evidence submitted by, or investigation of, such proposer fails to satisfy the City that such proposer is properly qualified to carry out the obligations of the agreement and to complete the work contemplated therein.

Successful proposer must comply with the City’s Occupational License Fees Ordinance, and any other ordinances which may apply to any particular RFP package.

VENDOR RESPONSIBILITIES; SUBCONTRACTORS: The City will enter into a contract with the selected proposer only, and that proposer shall be responsible for all products and services required by the RFP.

Subcontractors, if any, must be identified in the proposal, with a complete description of their role relative to the proposer. Subcontractors shall be required to follow the same contract requirements as the selected proposer.

BUSINESS LICENSE: Awarded vendor must obtain a business license from the City.

1. Resident vendor must have a valid City business license.

2. Non-resident vendor providing services, delivering products via a private carrier (as defined below), or delivering products via vendor’s employees must have a valid City business license.

Non-resident vendor does not have to obtain a business license if the vendor spends less than twelve (12) hours or twelve (12) visits per year for the purpose of reporting, delivering and receiving instructions.

Non-resident vendor does not have to obtain a business license if the vendor acquires merchandise by using the Kentucky Master Agreement (unless the Master Agreement requires local licensing).

Resident: An individual, co-partnership, association, corporation or other entity domiciled or having a business situs within the corporate limits of the city.

Nonresident: An individual, corporation, partnership, fiduciary, association or other entity domiciled outside the corporate limits of the city.

DEADLINE: Friday, August 8, 2025 AT 5:00 P.M.

The business license application and applicable fees can be found under the “Occupational/Net Profit License Fee Forms” at the following link: https://www.owensboro.org/departments/finance. The vendor has 10 business days from the date on the award letter to submit the application and applicable $75 fee.

AUTHORITY TO DO BUSINESS: The proposer must be a duly organized and authorized to do business under the laws of Kentucky. Proposer must be in good standing with all government agencies and have full legal capacity to provide the services specified under this contract. The proposer must have all necessary right and lawful authority to enter into this contract for the full term hereof and that proper corporate or other action has been duly taken authorizing the proposer to enter into this contract. The proposer will provide City with a copy of a corporate resolution authorizing this action and a letter from an attorney confirming that the proposer is authorized to do business in the State of Kentucky, if requested.

ASSIGNMENT OF CONTRACT: The proposer shall not assign or subcontract any portion of the contract without the express written consent of the City. Any purported assignment or subcontract without the written consent of the City shall be void. The proposer agrees that the City shall consent to any request for assignment or subcontract in its sole discretion. If ownership of the proposer changes, the proposer or its successor firm shall notify the City’s Purchasing Department in writing within 30 days of the proposer’s receiving notice that its ownership is changing, including but not limited to purchase or other transfer.

All subcontractors and/or successor firms shall be bound to the same terms as the awarded primary vendor.

SAFETY: Vendor must perform work in a safe and timely fashion, maintain a clean and safe work environment, follow safety requirements established by OSHA and the City, and may be required to provide safety equipment. If, in the opinion of the City, safety precautions are not in existence, work will cease immediately until corrective action is completed. Work will begin again only when vendor demonstrates to the satisfaction of the City that conditions are without risk. The vendor is responsible for any damage to the work area and/or surrounding areas.

EQUAL OPPORTUNITY STATUTES: The City is an equal opportunity employer and does not discriminate on the basis of race, color, religion, sex, national origin, age, marital status, physical or mental disability, or any other characteristic protected by law. The City is also committed to employing only United States citizens and aliens who are authorized to work in the United States. The City complies with the Immigration Reform and Control Act of 1986. Therefore, the successful vendor must demonstrate to the satisfaction of the City that he also conforms to all Federal, state, and local equal opportunity statutes. Further, the vendor will reimburse the City for any damages incurred due to any violation of the above-mentioned statutes by the vendor while under contract to the City.

DISCRIMINATION: The vendor agrees that in the performance of this agreement with the City, he/she will not discriminate against any workers because of race, creed, color, religion, national origin, handicap, sex, sexual orientation or gender identity and will comply with all applicable Federal, State or local laws and regulation prohibiting such discrimination. The aforesaid provision shall include, but not be limited to the following:

Employment and upgrading, demolition or transfer, recruitment and recruitment advertising, lay-off or termination, rates of pay or other forms of compensation, selection for training including apprenticeship. The vendor agrees to post thereafter in conspicuous places, available for employees and all applicants for employment, notices setting forth the provisions of the above non-discrimination clause. The vendor further agrees to insert the foregoing provision in all sub-contracts hereunder.

https://www.owensboro.org/departments/finance

DEADLINE: Friday, August 8, 2025 AT 5:00 P.M.

RIGHT TO PROTEST: Any actual or prospective offerer who is aggrieved in connection with solicitation, may file protest with the City Finance Director. A protest or notice of other controversy must be filed promptly and in any event within two (2) calendar weeks after such aggrieved person knows or should have known of the facts giving rise thereto. All protests or notices of other controversies must be in writing and shall be addressed to:

Mrs. Angela Waninger

City of Owensboro 101 East 4th Street

Owensboro, KY 42303

GOVERNING LAWS: Vendor shall at all times comply with all applicable Federal, State, and local regulations, policies, procedures and directives.

The contract shall be governed by and construed in accordance with the laws of the State of Kentucky. In the event of any proceedings regarding the contract, the parties agree that venue shall be the state courts of Kentucky or the U.S. District Court for the Western District of Kentucky, Owensboro Division. All parties expressly consent to personal jurisdiction and venue in such Court for the limited and sole purpose of proceedings relating to the contract or any rights or obligations arising thereunder. Service of process may be accomplished by following the procedures prescribed by law.

PROHIBITED INTEREST: No member officer, or employee of the City or the vendor during his tenure or for one year thereafter shall have any financial interest, direct or indirect, in this contract or the proceeds thereof as identified in KRS 45A.340. The City and the vendor shall comply with the requirements of the Executive Branch Code of Ethics KRS Chapter 11 A.

COVENANT AGAINST CONTINGENT FEES: The vendor warrants that no person, selling agency or other organization has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee. For breach or violation of this warrant, the City shall have the right to annul this contract without liability or, in its discretion, to deduct from the compensation, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.

BRIBERY CLAUSE: By his/her signature on the proposal, proposer certifies that none of its employees, any affiliate or subcontractor, have bribed or attempted to bribe an officer or employee of the City.

RECORDS RETENTION: The City reserves the right to inspect awarded proposer’s place of business and audit its records, per KRS 45A.410, when applicable.

ABILITY TO MEET OBLIGATIONS: Proposer affirms that there are no actions, suits or proceedings of any kind pending against proposer or, to the knowledge of the proposer, threatened against proposer before or by any court, governmental body or agency or other tribunal or authority which would, if adversely determined, have a materially adverse effect on the authority or ability of proposer to perform its obligations under this contract, or which question the legality, validity or enforceability hereof or thereof.

SECURITY CLAUSE: In accordance with KRS 61.932, any party that contracts with the City and has access to, possesses, or maintains “personal information,” as a part of that Contract, shall implement, maintain, and update security and breach investigation procedures and practices that are appropriate to the nature of the

DEADLINE: Friday, August 8, 2025 AT 5:00 P.M.

information disclosed. Such procedures and practices shall be designed to protect the personal information from unauthorized access, use, modification, disclosure, manipulation, or destruction and shall be at least as stringent as the security and breach investigation procedures and practices established by the Kentucky Department for Local Government in Protection of Personal Information, Security and Incident Investigation Procedures and Practices for Local Governmental Units, Fall 2014 edition.

A vendor that is provided access to personal information by the City, or that collects and maintains personal information on behalf of the City as a part of this contract shall notify the City in the most expedient time possible and without unreasonable delay but within seventy-two (72) hours of determination of a security breach relating to the personal information in the possession of the vendor. The notice to the City shall include all information the vendor has with regard to the security breach at the time of notification. The cost of the notification and investigation of a security breach required by KRS 61.933 shall be borne by the vendor.

The term "personal information" means an individual's first name or first initial and last name; personal mark; or unique biometric or genetic print or image, in combination with one (1) or more of the following data elements:

(a) An account number, credit card number, or debit card number that, in combination with any required security code, access code, or password, would permit access to an account;

(b) A Social Security number;

(c) A taxpayer identification number that incorporates a Social Security number;

(d) A driver's license number, state identification card number, or other individual identification number issued by any agency;

(e) A passport number or other identification number issued by the United States government; or

(f) Individually identifiable health information as defined in 45 C.F.R. sec. 160.103 except for education records covered by the Family Educational Rights and Privacy Act, as amended, 20 U.S.C. sec.

1232g.

**A copy of the Protection of Personal Information Security and Incident investigation Procedures and Practices for Local Government Units can be viewed at http://bit.ly/2J9Cmwrt.

CONFLICTS OF INTEREST: All bidders are responsible for complying with the following KRS 45A.455:

“Conflicts of Interest - Gratuities and Kickbacks - Use of Confidential Information.”

It shall be a breach of ethical standards for any employee with procurement authority to participate directly in any proceeding or application; request for ruling or other determination; claim or controversy; or other matter pertaining to any contract or subcontract, and any solicitation or proposal therefore, in which to his knowledge:

He, or any member of his immediate family has a financial interest therein; or a business or organization in which he or any member of his immediate family has a financial interest as an officer, director, trustee, partner, or employee, is a party; or any other person, business, or organization with whom he or any member of his immediate family is negotiating or has an arrangement concerning prospective employment is a party. Direct or indirect participation shall include but not be limited to involvement through decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or purchase standard, rendering of advice, investigation, auditing, or any other advisory capacity.

http://bit.ly/2J9Cmwrt

DEADLINE: Friday, August 8, 2025 AT 5:00 P.M.

It shall be a breach of ethical standards for any person to offer, give, or agree to give any employee or former employee, or for any employee or former employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment, in connection with any decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or purchase standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling or other determination, claim or controversy, or other matter, pertaining to any contract or subcontract and any solicitation or proposal therefor.

It is a breach of ethical standards for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime vendor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order.

The prohibition against conflicts of interest and gratuities and kickbacks shall be conspicuously set forth in every local public agency’s written contract and solicitation, therefor.

It shall be a breach of ethical standards for any public employee or former employee knowingly to use confidential information for his actual or anticipated personal gain, or the actual or anticipated personal gain of any other person.

For further information on the conflict-of-interest statutes, see the “Recovery of Value of Anything Transferred or Received in Breach of Ethical Standards” at KRS 45A.460, and “Definitions for Terms Used in KRS 45A.445 to 45A.460” at KRS 45A.445.

VIOLATIONS OF AND COMPLIANCE WITH KENTUCKY LAW: Per KRS 45A.485, vendor shall reveal any final determination of a violation by the vendor or subcontractor within the previous five (5) year period pursuant to KRS Chapters 136, 139, 141, 337, 338, 341 and 342 that apply to the vendor or subcontractor.

The vendor shall be in continuous compliance with the provisions of KRS Chapters 136, 139, 141, 337, 338, 341 and 342 that apply to the vendor or subcontractor for the duration of the contract. These statutes relate to the state sales and use tax, corporate and utility tax, income tax, wages and hours laws, occupational safety and health law, unemployment compensation law, and workers compensation insurance law, respectively.

ENTIRE AGREEMENT: A contract executed under this proposal shall include, this RFP, all addenda, the proposer’s proposal thereto, and any negotiated terms/pricing, and that contract shall constitute the entire agreement and understanding of the parties with respect to the subject matter set forth herein and that contract supersedes any and all prior and contemporaneous oral or written agreements or understandings between the parties relative thereto. No representation, promise, inducement, or statement of intention has been made by the parties which will not be embodied in that contract. The contract cannot be amended, modified, or supplemented in any respect except by a subsequent written agreement duly executed by all of the parties hereto.