4-RFP 4438 - Data Center Refresh - Final.pdf

RFP # 4438

DATA CENTER REFRESH

Proposal Deadline: Friday, August 22nd, 2025, 5:00PM CST

Data Center Refresh

RFP #4438

DEADLINE: 2025-08-22 05:00 PM CDT

INTRODUCTION

The City of Owensboro is pursuing a refresh of their enterprise network’s primary and secondary data centers.

The goal of this request is to acquire a contract with one vendor to refresh 1. the network infrastructure, 2.

structured and non-structured networkable storage, and 3. processing for the virtual environment. The vendor must possess proven knowledge, skill, and experience in design and implementation of enterprise data centers.

BACKGROUND

The primary and secondary enterprise data centers are responsible for providing network services and networkable storage to all departments throughout the City of Owensboro; roughly 40 locations and 600 end users. At present these systems host 82 virtual servers on 294TB. Currently, these data centers are located in the same physical location.

The majority of these services are provided via virtualized Microsoft and Linux servers hosted on Vmware ESXi Dell hypervisors and Dell Compellent SANs. The bulk of unstructured data is provided by a single Dell Isilion running in an HA pair. Some unstructured data is provided by five QNAP NASes.

Network connectivity is provided within the data centers by a mixture of Dell and Cisco managed switches.

SCOPE OF SERVICES

1. Present a best practice design for a primary and secondary enterprise data center. This includes but is not limited to the following.

a. Overall design must place cybersecurity as a priority with a special consideration to hardening against malware and Ransomware.

b. Design must incorporate local network redundancy between networkable storage and hypervisors.

c. Design must incorporate network segmentation at layer 2 and/or layer 3 of the OSI model.

d. Design must place primary and secondary enterprise data centers at different physical locations.

e. Design must incorporate real time replication of network storage between primary and secondary enterprise data centers.

f. Design must utilize hardware solutions with a minimum of seven-year life cycle management for networkable storage.

g. Design must utilize networkable storage solutions that allow structured (block storage) and non-structured (SMB) data to cohabit on same hardware appliance.

2. Procure hardware and software

a. The City of Owensboro has invested a large amount of time and resources in both training and

NetDevOPs with Cisco Systems. For these reasons, it is preferred network equipment (switches/routers/firewalls) will be Cisco.

b. The City of Owensboro has invested a large amount of time and resources in training, licensing, and backup orchestration with VMware. For these reasons, it is preferred that virtual machine management and hosting will be VMware.

3. Implement agreed upon best practice design.

a. The vendor will install and configure all agreed upon hardware and software solutions.

b. The vendor will configure approved configurations of agreed upon hardware and software solutions.

c. The vendor will configure network interfaces with meaningful descriptions.

DEADLINE: 2025-08-22 05:00 PM CDT

d. All cabling will be of correct length and dressed as to leave the impression of tidiness.

4. Migrate data and virtual machines to new equipment.

a. The vendor will be responsible for migrating all non-structure from Dell Isilion to networkable storage solution.

b. The vendor will be responsible for migrating all structured data from Dell Compellant to networkable storage solution.

PROPOSAL FORMAT

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

1. Cover Letter

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

2. Company Profile

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

b. Provide the length of time company has been offering data center refresh services.

c. Total number of government specific refreshes performed

d. Total number of refreshes performed

e. List number of current employees.

3. Key Personnel

a. List name, title, role.

b. List education, years of experience.

c. 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:

a. Client name

b. Contract duration

c. Client contact person, title, phone number and email address

5. Project Design Approach

a. Show the proposed timeline.

b. Provide a detailed narrative of all project phases and deliverables, including the City’s role.

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

7. Provide the proposed cost.

EVALUATION CRITERIA

Proposals will be evaluated based on:

Criteria Experience & Qualifications Methodology & Approach Cost References

Points (maximum)

DEADLINE: 2025-08-22 05:00 PM CDT

Criteria Timeline Total

Points (maximum)

SELECTION PROCESS

The City will select the proposal that, in its sole discretion, is the most advantageous to the City, based on the criteria in this RFP. The City reserves the right to make an award with or without further discussion of the proposals submitted; there may be no best and final offer procedure. Therefore, proposals should be initially submitted on the most favorable terms that the vendors can offer. The specifications may be altered by the City of Owensboro based on proposals and an increase or reduction of services may be negotiated with shortlisted vendor(s) before contract signing, award, and execution.

CONTRACT AWARD AND EXECUTION

A contract award will be for the vendor that best meets the needs of the City of Owensboro. The award of a contract will bind the vendor to furnish the service in accordance with the information within this RFP, responses to questions, the vendor’s proposal, other representations made, as well as all other terms and conditions of the contract in its final form.

GENERAL COMPLIANCE

VENDOR REGISTRY: 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.

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 bid opening to be considered.

PUBLIC INFORMATION ACT NOTICE: Proposers shall identify any portions of their proposals deemed to contain confidential or proprietary information or trade secrets, and provide justification why such material, upon request, should not be disclosed. The City of Owensboro of Owensboro will protect any proprietary or confidential information to the extent allowable under the Kentucky Open Records Act.

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

Any communication related to solicitations, including the posting of Addenda, 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. Contractors 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 bid due date.

The “question due date” is also displayed on the Bonfire portal. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his/her bid as submitted. All addenda so issued, or answer(s) posted through the Bonfire portal shall become part of the contract documents.

REQUEST FOR DUE DATE EXTENSION: Vendors may request an extension of the Proposal Due Date.

Vendor must supply any justification and additional information that will facilitate an evaluation and decision by the City of Owensboro. Any approved extension will be issued in an addendum.

https://owensboro.bonfirehub.com/ https://owensboro.bonfirehub.com/ mailto:Support.Bonfire@eunasolutions.com

DEADLINE: 2025-08-22 05:00 PM CDT

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 contractor 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.

Bidders must provide manufacturer’s product literature if available and appropriate with the bid submission.

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

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.

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 Request for Proposal.

PROPOSAL SUBMISSION: Bids 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.)

Contractors should contact the Bonfire Support team at Support.Bonfire@eunasolutions.com for technical questions. Contractors 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 bidder, unless an agreement in writing is secured before the bid is submitted to the City.

At the time of bid submission, each bidder will be presumed to have read and to be thoroughly familiar with the bid specifications and requirements (including all Addenda, Public Q&A, and Public Notices). The failure or omission of any bidder to examine any form, instrument, or document shall in no way relieve any bidder from any obligation in respect to his bid.

A conditional or qualified bid will not be accepted.

The Owner is not responsible for the premature opening of, or failure to open, a Proposal not properly addressed or identified. There will not be a public opening of the Proposals.

RESERVATIONS: The City reserves the right to accept or reject any and all bids received, to take exception to these bid specifications, or to waive any informalities, to negotiate all terms and conditions, or to cancel or amend in part, or entirety, this bid. The right is also reserved to award bids based on the best interest and/or most advantageous to the City. The City reserves the right to consider as a part of the bid evaluation the stated warranty, stated delivery schedule, and payment terms.

METHOD OF PROCUREMENT: Competitive negotiation (KRS 45A.370) will be the Method of Procurement for the purchase of the item(s) specified herein.

https://owensboro.bonfirehub.com/ mailto:Support.Bonfire@eunasolutions.com https://vendorsupport.gobonfire.com/hc/en-us

DEADLINE: 2025-08-22 05:00 PM CDT

NON-ENDORSEMENT: As a result of the selection of a vendor to provide products and services to the City of Owensboro, the City of Owensboro 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 of Owensboro in any literature, promotional material, brochures, sales presentation or the like without the express written consent of the City of Owensboro.

NO OBLIGATION TO BUY: The City of Owensboro reserves the right to refrain from contracting with any vendor. The release of this RFP does not compel the City of Owensboro to purchase.

COST OF PREPARING PROPOSALS: The City of Owensboro is not liable for any costs incurred by vendors in the preparation and presentation of proposals and demonstrations submitted in response to this RFP.

COOPERATIVE PURCHASING: Per KRS 45A.420 – all local public agencies are allowed and given permission by the City of Owensboro 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 of Owensboro accepts no responsibility for the performance of any purchasing contract by the vendor, and the City of Owensboro accepts no responsibility for payment of the purchase price for any public agency.

CONTRACT TRANSITION: In the event of a follow-on contract award to another vendor, the Proposer shall ensure a cooperative and smooth transition to a new contract provider and shall provide all records, status reports and contract files as agreed with the provided notice of termination.

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 of Owensboro proposal for a period of up to five (5) years. Should the vendor fail to perform as indicated herein the City of Owensboro 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 of Owensboro.

PRICING ADJUSTMENTS: Prices shall remain firm for the duration of the contract period. Reasonable price changes based on market conditions and price or cost analysis may be requested and made on an annual basis after the initial 5-year Contract period. The Vendor shall supply documentation satisfactory to the City of Owensboro such as documented changes to the Producers Price Index for the commodity, the Consumer Price Index for the Southeast area, or a manufacturer’s published modification of price change(s).

The City of Owensboro will evaluate this information to determine if revising the price is considered fair and reasonable to the satisfaction of the City. Requests for any such change are to be made in writing to the Purchasing Department. The City reserves the right to accept or reject the price increase request.

The Vendor shall give the City of Owensboro Purchasing Department sixty (60) calendar days written notice prior to the effective date of the price increase. The City may cancel by individual line item or contract if the price increase request is not approved.

All price reductions at the manufacturer’s or distributor’s level shall be reflected in a reduction of the contract price(s) to the City of Owensboro retroactive to the effective date of the price reductions.

Pricing for Additional Users and Modules: Prices provided in proposal will remain firm for the initial contract term for purchase of additional city users and modules that are listed in the RFP but were not initially purchased.

DEADLINE: 2025-08-22 05:00 PM CDT

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:

City of Owensboro – Accounts Payable IT

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

NON-APPROPRIATION CLAUSE: Awarded vendor agrees to add the following non-appropriation in its final contract with the City.

1. The parties hereto understand and agree this contract is contingent upon availability of funds, and that the City is prohibited by law from making fiscal commitments beyond the term of its current fiscal period. The City may terminate this contract as provided in the following paragraph.

2. The City has reason to believe that sufficient funds will be available for the full term of the contract.

Where, for reasons beyond City’s control, its funding entity does not allocate funds for any fiscal period beyond the one in which this contract is entered into, or beyond a succeeding fiscal period, where City has exhausted efforts to obtain funds legally available for future fiscal periods, and where such failure to obtain funds does not result from any act or failure to act on the part of City, the City will not be obligated to make the payments remaining beyond City’s then current fiscal period, nor shall the City be liable for any penalty therefore. In that event, the City shall notify vendor of such non-allocation of funds by sending written notice thereof to the vendor thirty (30) days prior to the effective date of termination.

3. Contract allows cancellation at the beginning of fiscal year (July 1) in the event that the funds are not appropriated.

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

COMPLIANCE WITH THE LAW: Vendor, at its sole cost and expense, must perform and comply with all applicable laws of the United States and the State of Kentucky, the Municipal Code, ordinances, rules, regulations, orders, and directives of the City of Owensboro.

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.

ASSIGNMENT: This Contract may not be assigned in any manner or by any means by Vendor without the express written consent of the City.

WAIVER AND REMEDIES: City’s failure to enforce the terms or conditions herein or to exercise any right or privilege, or the City’s waiver of any breach hereunder must not thereafter waive any other term, condition, or privilege, whether of the same or similar type. Remedies under this Contract are cumulative; the use of one remedy must not be taken to exclude or waive the right to use another.

BINDING EFFECT: The provisions, covenants and conditions provided bind the parties, their legal heirs, representatives, successors, and assigns.

DEADLINE: 2025-08-22 05:00 PM CDT

RATIFICATION: Acts taken pursuant to this Contract but prior to its effective date are hereby ratified and confirmed.

TERMINATION: City, at its sole discretion, may terminate this Contract for convenience at any time for any reason. Termination is effective immediately upon notice of termination given by the City. In the event this Contract is terminated prior to the full delivery of goods and/or services, vendor will only be paid for the work or goods accepted, at the City’s sole discretion, at the time of termination of the Contract.

SEVERABILITY: Any invalidity, in whole or in part, of any provision of this Contract must not affect the validity of any other of its provisions.

PAYMENTS: City will pay 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 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 Vendor.

TAXES: Vendor must pay, before delinquency, all taxes, levies, and assessments arising from its activities and undertakings under this Contract; taxes levied on its property, equipment and improvements; and taxes on the Vendor's interest in this Contract.

NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY: Vendor will not discriminate against any employee or applicant for employment because of creed, religion, race, color, sex, marital status, sexual orientation, political ideology, ancestry, national origin, or the presence of any sensory, mental or physical disability, unless based upon a bona fide occupational qualification. The Vendor will take affirmative action to ensure that applicants and employees are treated fairly, without regard to their creed, religion, race, color, sex, national origin, or the presence of any sensory, mental or physical disability. Such action must include all terms and conditions of employment, compensation, and benefits, including apprenticeship.

GOVERNING LAW / VENUE: This Contract must be deemed to have been executed and delivered within the State of Kentucky, and the rights and obligations of the parties hereunder must be construed and enforced in accordance with, and governed by, the laws of the City of Owensboro, State of Kentucky, and where applicable, federal law and regulation, without regard to any conflict of laws principles. Any action or suit brought in connection with this Contract must be brought in the Circuit Court of Daviess County, Kentucky.

INDEPENDENT CONTRACTOR: Vendor, its subcontractors, agents and employees are independent Vendors performing services for the City and are not employees of City. The Vendor, its subcontractors, agents and employees, must not, as a result of this Contract, accrue leave, retirement, pension, insurance, bonding or any other benefits afforded to City employees. The Vendor, its subcontractors, agents and employees, must not bind the City in any way, except as may be specifically provided herein. The Vendor must have the authority to control and direct the performance and details of the work described herein.

PROPOSER’S QUALIFICATIONS: Vendor must demonstrate to the satisfaction of the City of Owensboro that he has adequate equipment, personnel, experience and understanding of the specifications to perform service under the contract. No contract will be awarded to any proposer 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

DEADLINE: 2025-08-22 05:00 PM CDT

• Organizational stability

• Insufficient equipment

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

The Owner may make such investigations as he deems necessary to determine the ability of the proposer to perform the work, and the proposer shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such proposer fails to satisfy the Owner 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 of Owensboro Occupational License Fees Ordinance, and any other ordinances, which may apply to any particular bid package.

BUSINESS LICENSE: Successful vendor must obtain a business license from the City of Owensboro.

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

Non-resident vendor does not have to obtain a business license if delivery is made by USPS or as a common carrier.

Non-resident vendor does not have to obtain a business license if 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 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.

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

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

AUTHORITY TO DO BUSINESS: The proposer must be 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 the 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.

INSURANCE REQUIREMENTS: The successful bidder 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:

• Worker’s Compensation o Statutory Limit

DEADLINE: 2025-08-22 05:00 PM CDT

• Commercial General Liability o $1,000,000 (per occurrence)/$2,000,000 (aggregate) o Name the City as additional insured o Primary and non-contributory o Waiver of subrogation

• Commercial Automobile Liability* o $1,000,000 CSL o Name the City as additional insured o Primary and non-contributory o Waiver of subrogation o *Only needed if vendor has to come on-site to perform services

• Technology Professional Liability (Errors & Omissions)/Cyber Liability Insurance) o The Vendor shall maintain cyber liability (which includes technology and professional liability coverage)/privacy insurance appropriate to the vendor’s profession in an amount not less than two million dollars ($2,000,000) per occurrence or claim and two million dollars ($2,000,000) annual aggregate, covering all acts, claims, errors, omissions, negligence, infringement of intellectual property (including copyright, patent and trade secret); network security and privacy risks, including but not limited to unauthorized access, failure of security, information theft, damage to destruction of or alteration of electronic information, breach of privacy perils, wrongful disclosure and release of private information, collection, or other negligence in the handling of confidential information, and including coverage for related regulatory fines, defenses, and penalties. 2) Such coverage shall include data breach response expenses, in an amount not less than two million dollars ($2,000,000) and payable whether incurred by the State or Contractor, including but not limited to consumer notification, whether or not required by law, computer forensic investigations, public relations and crisis management firm fees, credit file or identity monitoring or remediation services and expenses in the performance of services for the State or on behalf of the State hereunder.

On all policies of insurance, the vendor shall ensure 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, as allowed by law. Vendor shall have 10 business days to provide the appropriate insurance certificate meeting all policy requirements and limits.

HOLD HARMLESS AGREEMENT: The vendor/subcontractor covenants to save, defend, keep harmless, and indemnify the City of Owensboro 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.

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

DEADLINE: 2025-08-22 05:00 PM CDT

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.

VIOLATIONS: Pursuant to KRS 45A.485, the Vendor shall reveal to the Cabinet any final determination of a violation within the previous five (5) year period pursuant to KRS Chapter 139, 136, 141, 337, 338, 341 and

342. 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.

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 of Owensboro 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 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 of Owensboro, 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.

http://bit.ly/2J9Cmwrt

DEADLINE: 2025-08-22 05:00 PM CDT

CONFLICTS OF INTEREST: All Proposers 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 particular 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, recommendations, 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.

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 concoction 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 particular matter, pertaining to any contract or subcontract any solicitation or proposal therefore.

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 price 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 and gratuities and kickbacks shall be conspicuously set forth in every local public agency written contract and solicitation, therefore.

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 another 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.

PLEASE NOTE: The Proposer shall identify any and all actual or potential conflicts of interest that exist, or which may arise if the Proposer is recommended for award and propose how such conflicts might be resolved.

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.

COMPLIANCE WITH LAWS: By submitting a response to this solicitation, Proposer represents that it is not in arrears in the payment of any obligation due and owing the City of Owensboro or the State of Kentucky, including the payment of taxes and employee benefits and that it shall not become so in arrears during the term of the contract arising from award of this RFP.

DEADLINE: 2025-08-22 05:00 PM CDT

RIGHT TO PROTEST: Any actual or prospective offerer who is aggrieved in connection with solicitation, may file a protest with the City of Owensboro 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

ENTIRE AGREEMENT: A contract executed under this Proposal shall include this RFP, including all addenda, and the Proposer’s response thereto (“Response”) 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.