RFP Information Technology Services 7101 01107


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RFP Information Technology Services 7101 01107

  2. 2. TABLE OF CONTENTS1. Administrative Information .................................................................................... 12. Proposal Information .............................................................................................. 23. Evaluation and Selection......................................................................................... 64. Attachment I: Scope of Services ............................................................................. 85. Attachment II: Task Order Evaluation Form ......................................................... 116. Attachment III: Certification Statement ............................................................... 127. Attachment IV: Sample Contract Provisions......................................................... 138. Attachment V: Fee Proposal ................................................................................. 199. Attachment VI: Certification ................................................................................. 2010. Form A. List of Representative Clients .................................................................. 21 ii
  3. 3. 1. ADMINISTRATIVE INFORMATION 1.1 Proposer Inquiries Written questions regarding RFP requirements or Scope of Services must be submitted to the OIG Chief Procurement Officer as listed below. Gregory C. Fahrenholt Office of Inspector General/City of New Orleans 525 St. Charles Avenue New Orleans, LA 70130 gfahrenholt@nolaoig.org 504-681-3230 fax The OIG will consider written inquiries and requests for clarification of the content of this RFP received from potential proposers. Verbal inquiries are not permitted. Written inquiries must by received by the date specified in the Schedule of Events. The OIG reserves the right to modify the RFP should a change be identified that is in the best interest of the OIG. Official responses to all questions submitted by potential proposers will be posted by April 25, 2011, at http://www.nolaoig.org/main/inside.php?page=public_records. Only Gregory C. Fahrenholt has the authority to respond to proposer’s questions. Communication with any other person is prohibited and not binding. 1.2 Schedule of Events Event Date Advertise RFP and mail public announcements April 18, 2011 Deadline for receipt of written inquiries April 25, 2011 Issue responses to written inquiries April 27, 2011 Deadline for receipt of proposals May 11, 2011 Announce award of contractor selection On or before May 20, 2011 NOTE: The OIG reserves the right to change this schedule of RFP events as it deems necessary.Office of Inspector General RFP – IT ServicesRFP No. 7101-01107 Page 1 of 21
  4. 4. 2. PROPOSAL INFORMATION The OIG seeks proposals from information technology consultants interested in providing computer network administration and other technical services. For complete Scope of Services, please refer to Attachment I. 2.1 Minimum Qualifications of Proposer Key Personnel (listed on Attachment V) must possess certifications and/or experience in areas of Windows development, database, operating systems, server, or network configuration and administration. Unqualified personnel and sub-consultants are prohibited. Qualifications include, but are not limited to: • Microsoft Certified (MCTS, MCITP, MCSA, MCDBA, or MCSE) or equivalent (i.e. Cisco, Oracle, etc.) • Ability to diagnose and troubleshoot almost any computer problem • Ability to upgrade, install and configure client machines, network firewalls, network servers, operating systems and applications (including third-party) • Network (and switch) design, configuration and troubleshooting • Expert in Windows 7 and Vista administration, configuration and troubleshooting • Project completion documentation preparation (local passwords, configurations, etc.) • Proficiency with the OIG’s applications/programs, operating systems, and equipment described below • General user and technical support (including NTFS organization, SSL/UCC certificates, firewall support) 2.2 Proposal Requirements Proposals should include the following information, presented in a clear, comprehensive, and concise manner to illustrate the consultant’s capabilities: 1. The business name, address, and telephone number. 2. A cover letter which details proposer’s professional management, background, and years of experience in providing services for clients with highly sensitive data. 3. A list of all insurance carried by the company, including but not limited to, professional liability, comprehensive general liability, workers’ compensation, etc. 4. The location of the office from which the assigned personnel will be working. 5. Completed “Fee Proposal/Key Personnel,” Attachment V, with resumes of all personnel attached. 6. Completed “Certification,” Attachment VI. Must be notarized. 7. Completed Form A, “List of Representative Clients” (for reference purposes); clients with similar services provided.Office of Inspector General RFP – IT ServicesRFP No. 7101-01107 Page 2 of 21
  5. 5. 2.3 RFP Addenda OIG reserves the right to change the schedule of events or revise any part of the RFP by issuing an addendum to the RFP at any time. It is the responsibility of the proposer to check the website for addenda to the RFP, if any. Addenda, if any, will be posted no later than April 22, 2011, at 4:00 p.m. at http://www.nolaoig.org/main/inside.php?page=public_records. 2.4 Waiver of Administrative Informalities The OIG reserves the right, at its sole discretion, to waive administrative informalities contained in any proposal. 2.5 Proposal Rejection/RFP Cancellation Issuance of this RFP in no way constitutes a commitment by the OIG to award a contract. The OIG reserves the right to accept or reject, in whole or part, all proposals submitted and/or cancel this announcement if it is determined to be in the OIG’s best interest. 2.6 Withdrawal of Proposal A proposer may withdraw a proposal that has been submitted at any time up to the date and time the proposal is due. To accomplish this, a written request signed by the authorized representative of the proposer must be received by the OIG Chief Procurement Officer. 2.7 Cost of Preparing Proposals The OIG shall not be liable for any costs incurred by proposers prior to issuance of or entering into a contract. Costs associated with developing the proposal, preparing for oral presentations, and any other expenses incurred by the Proposer in responding to this RFP are entirely the responsibility of the Proposer and shall not be reimbursed in any manner by the OIG. 2.8 Public Records Law All information submitted in response to this RFP will be considered a public record and subject to disclosure pursuant to the Louisiana Public Records Law, La. R.S. 44:1 et seq. 2.9 Errors and Omissions in Proposal The OIG will not be liable for any errors in proposals. The OIG reserves the right to make corrections or amendments due to errors identified in proposals by the OIG or the Proposer. The OIG, at its option, has the right to request clarification or additional information from the proposers, including amendments to proposals to correct minor errors. 2.10 Contract Award and Execution The OIG reserves the right to enter into a contract without further discussion of the proposal submitted based on the initial offers received. The RFP and proposal of the selected Proposer shall become part of any contract initiated by the OIG.Office of Inspector General RFP – IT ServicesRFP No. 7101-01107 Page 3 of 21
  6. 6. The selected Proposer shall be expected to enter into a contract that includes the terms in the sample contract included in Attachment IV. In no event shall a Proposer submit its own standard contract terms and conditions as a response to this RFP. The Proposer should submit with its proposal any exceptions or exact contract deviations that its firm wishes to negotiate. Negotiations may begin with the announcement of the selected Proposer. If the contract negotiation period exceeds ten (10) days or if the selected Proposer fails to sign the final contract within ten (10) business days of delivery, the OIG may elect to cancel the award and award the contract to the next highest ranked Proposer. 2.11 Code of Ethics Proposers are responsible for determining that there will be no conflict or violation of the Ethics Code if their company is awarded the contract. The Louisiana Board of Ethics is the only entity which can officially rule on ethics issues. 2.12 Proposal Submission Consultants who are interested in providing services requested under this RFP must submit a proposal containing the information specified in this section. The proposal must be received in hard copy (printed) version by the City of New Orleans Chief Procurement Officer on or before 2:00 p.m. Central Time on the date specified in the Schedule of Events. FAX or e-mail submissions are not acceptable. Proposers mailing their proposals should allow sufficient mail delivery time to ensure receipt of their proposal by the time specified. The proposal package must be delivered at the proposers expense to: Chief Procurement Officer City of New Orleans 1300 Perdido St. Ste. 4W07 New Orleans, LA 70112 It is solely the responsibility of each Proposer to ensure that the proposal is delivered at the specified place and prior to the deadline for submission. Proposals received after the deadline will not be considered. Proposer should submit three (3) hard copies and one (1) digitally signed copy 1 of the proposal to the Chief Procurement Officer at the address specified above. At least one (1) copy of the proposal should contain original signatures of those company officials or agents duly authorized to sign proposals or contracts on behalf of the organization. A certified copy of a board resolution granting such authority should be submitted if proposer is a corporation; in the case of a limited liability company, a certificate establishing the authority of the person to act on behalf of the company must be submitted. The copy of the proposal with original signatures will be retained for incorporation in any contract resulting from this RFP. 1 Digital copy should be in Microsoft Word format or PDF file on a disc or flash drive.Office of Inspector General RFP – IT ServicesRFP No. 7101-01107 Page 4 of 21
  7. 7. All proposals must be submitted in a sealed envelope, marked OIG Information Technology Services.Office of Inspector General RFP – IT ServicesRFP No. 7101-01107 Page 5 of 21
  8. 8. 3. EVALUATION AND SELECTION 3.1 Evaluation Team The evaluation of proposals will be accomplished by an evaluation team, designated by the OIG, which will determine the proposal most advantageous to the OIG, taking into consideration the evaluation factors set forth in the RFP as well as price. 3.2 Administrative and Mandatory Screening All proposals will be reviewed to determine compliance with administrative and mandatory requirements as specified in the RFP. Proposals that are not in compliance will be rejected from further consideration. 3.3 Evaluation and Review Proposals that pass the preliminary screening and mandatory requirements review will be evaluated based on information provided in the proposal. The OIG Chief Procurement Officer will open the proposals in the presence of at least one witness. At the opening of proposals, the OIG Chief Procurement Officer will prepare a register of proposals, including the name of each offeror and the number of modifications, if any, received. The OIG selection committee shall then convene an open meeting, consistent with the requirements of La. R.S.42:4:1 et seq., to evaluate proposals and determine the most advantageous proposal. The selection committee shall first evaluate the proposals solely on the basis of the following criteria: 1. Proposer’s professional management, background, and years of experience in providing services for clients with highly sensitive data, as determined by information provided in the cover letter and the proposal as a whole. 2. Proposer’s level of knowledge of operating systems, equipment, server networks, configuration, troubleshooting, data backup, updates, installations, and security for systems listed as well as other hardware and software not listed, based on the resumes and experience of key personnel provided by proposer as part of the response to this RFP. 3. Responsiveness and qualifications, as determined by references of previous clients provided by each proposer. 4. LDBE (Local Disadvantaged Business Enterprise) Preference. A proposal from a business that maintains an office in Orleans Parish, St. Bernard Parish, Plaquemines Parish, orOffice of Inspector General RFP – IT ServicesRFP No. 7101-01107 Page 6 of 21
  9. 9. Jefferson Parish, with one or more employees regularly based therein 2, that qualifies as a DBE under City of New Orleans Executive Order MJL-10-02, will be rated “highly advantageous” with respect to the criterion for LDBE Preference. A proposal from a business that does not qualify as an LDBE under this definition will be rated “not advantageous” on this criterion. The evaluations shall specify in writing: (1) for each of the four evaluation criterion listed above, a rating of highly advantageous, advantageous, not advantageous, or unacceptable, and the reasons for the rating; (2) for each proposal, a composite rating of highly advantageous, advantageous, not advantageous, or unacceptable. The committee will use its discretion to determine the weight ascribed to each criterion in determining the composite rating for each proposal and will explain with specificity the reasons for the rating. After each proposal has been assigned a composite rating based on the four non-price criteria, the selection committee shall consider the price of each proposal. The selection committee shall determine the most advantageous proposal from a responsible and responsive offeror taking into consideration price and the evaluation criteria. If the proposal with the highest rating on the four non-price criteria does not contain the lowest price, the selection committee may attempt to negotiate a mutually agreeable price with the proposer. If the parties cannot reach an agreement on price, the committee may select another proposal as the most advantageous based on price and evaluation criteria, or may attempt to negotiate price with the second highest rated proposer. If the selection committee selects the offeror who did not submit the lowest price, the committee shall explain the reasons in writing, specifying in reasonable detail the basis for determining that the price is justified by the quality of the proposal. 3.4 Announcement of Contractor The OIG will notify the successful Proposer and proceed to negotiate terms for final contract. Unsuccessful proposers will be notified in writing accordingly. 2 A business location used solely as a post office box, mail center, and/or telephone message center, with no substantial work function, will not be deemed a “business office” for purposes of this criterion.Office of Inspector General RFP – IT ServicesRFP No. 7101-01107 Page 7 of 21
  10. 10. ATTACHMENT I: SCOPE OF SERVICES The scope of services to be provided by the consultant includes, but is not necessarily limited to, the following: • Provide general IT services support such as system maintenance, hardware and software installation and configuration, system upgrades, and updates; • Support and maintain data backup and recovery; • Provide other network assistance as needed; • Identify potential risks to the network, operating systems and communicate these to the OIG; and • Respond to emergent needs as determined by the network, operating systems, and information obtained from OIG staff. Support Services Requested A. GENERAL IT SUPPORT: The consultant will provide software consulting, configuration, administration, installation and support of current and future applications and operating systems on all client machines and network devices. The consultant will also provide “General IT Support”. “General IT Support” is defined as the ability to: • Provide proactive system maintenance for all network devices (i.e. warranty, network and asset status), including quarterly and monthly reviews and routine maintenance and security management • Update, upgrade, install, configure and troubleshoot any and all software and hardware • Set up and install new machines (i.e. desktops, printers, scanners), if necessary • Provide structured system protection and maintenance (i.e. Symantec Backup Exec, UPS, and Antivirus Software) • Assist OIG IT staff with application, OS, hardware and software troubleshooting • Support and maintain data backup and recovery • Communicate effectively and efficiently with OIG staff Current Applications/Programs and Operating Systems Include: • Microsoft Exchange 2007 • Symantec Backup Exec • Microsoft Forefront Client Security • System Log Management and Incident Reporting  System iNtrusion Analysis & Reporting Environment (SNARE) • SQL Server 2005, 2008, and 2008R2 • Active DirectoryOffice of Inspector General RFP – IT ServicesRFP No. 7101-01107 Page 8 of 21
  11. 11. • Windows 7 and Vista • Windows Server 2003 and 2008 • Endpoint Encryption (PGP), laptops only • Email Journaling Tool (Live Office) Current Equipment: • Star Topology network of 8 servers and 2 switches (including file and mail server) • No wireless access points (except VPN) • Two network printers • Under 100 desktops and laptops (Dell Optiplex 755, T3400, Latitude D630) • One 8-port hub • Two kiosk machines (public use) • One LAN router • Web and Spam Filter (Barracuda) • One separate network (WAN) • CAT-5 cabling B. TASK ORDERS: All projects will be completed by task order and billed under the task order number (see sample, Attachment II). All projects will be requested in writing by OIG IT staff. Consultant will provide written documentation at the conclusion of every project, which will include (where applicable) explanatory diagrams, administrative and local authentication credentials and access points, instructions on software installed and any other relevant information. The project is not considered complete until proper documentation is provided and will be reflected on task order evaluation form as such. When working within the office, the consultant will keep working area well maintained and will leave all equipment in the same manner. Regularly scheduled tasks will include: • Monthly site visits for network maintenance (i.e. defrag, event log review, hard drive capacity and tape cleaning); • Support for emergent hardware failures; • Preventative measures (Antivirus); • Proactive maintenance; • Network performance measurements; and • Backup operation inspection. C. ESCALATION PROCEDURES & REMOTE ATTEMPTS: In the event a problem arises, the consultant will first try to resolve the issue by email or telephone – assisting OIG IT staff. If the problem persists after thirty (30) minutes, and may be completed remotely, only two (2) attempts and a total of three (3) hours are allowed until Contractor personnel must be on-site to resolve the problem. If the request is an emergency (i.e., servers are down or there is no email access) only one remoteOffice of Inspector General RFP – IT ServicesRFP No. 7101-01107 Page 9 of 21
  12. 12. attempt is allowed. Remote access credentials will be approved and created by OIG IT staff, when needed. A detailed description of the acceptable billing practices can be found in Attachment V: “Fee Proposals.” The process for responding to support requests: 1. Receive written request from OIG IT staff; 2. Attempt to resolve the issue via email; 3. Attempt to resolve the issue over the phone, if applicable; 4. Attempt to resolve the issue remotely, if applicable; 5. Site visit D. CONTRACT MONITORING / PERFORMANCE MEASURES: The contract will be monitored through performance measures. The performance measures for this agreement shall include the successful performance and completion of the consultant’s obligations in each individual task order. Following the completion of a task (or project), the OIG will evaluate the task by completing a task order evaluation form, which will rate the success of the work and the overall performance of the consultant. A sample task order evaluation form can be found in Attachment II. E. DELIVERABLES: Completion of each task order and task order evaluation form will constitute a separate deliverable. The deliverables shall include the consultant providing proper documentation upon completion of the task. F. SYSTEM CHANGES: Consultant must not make any changes to the system without prior consent of OIG IT staff.Office of Inspector General RFP – IT ServicesRFP No. 7101-01107 Page 10 of 21
  13. 13. ATTACHMENT II: TASK ORDER EVALUATION FORM Task Order #: _________________ Project Name: ______________________ Task: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ Overall Communicatory Responsiveness: 1 2 3 4 5 Overall Technical Proficiency of Consultant: 1 2 3 4 5 Is task complete? Y N If not, why? _________________________________________ Is job complete? Y N If not, why? _________________________________________ Was proper documentation provided? Y N If not, why? _________________________________________ Hours used to complete job: ____ Response Time: ____ OIG Evaluator: Signature ________________________ Print ________________________Office of Inspector General RFP – IT ServicesRFP No. 7101-01107 Page 11 of 21
  14. 14. ATTACHMENT III: CERTIFICATION STATEMENT The undersigned hereby acknowledges she/he has read and understands all requirements and specifications of the Request for Proposals (RFP), including attachments. OFFICIAL CONTACT. The OIG requests that the Proposer designate one person to receive all documents and the method in which the documents are best delivered. Identify the Contact name and fill in the information below: (Print Clearly) Date Official Contact Name: A. E-mail Address: B. Facsimile Number with area code: ( ) C. US Mail Address: Proposer certifies that the above information is true and grants permission to the OIG to contact the above named person or otherwise verify the information provided. By its submission of this proposal and authorized signature below, Proposer certifies that: 1. The information contained in its response to this RFP is accurate; 2. Proposers quote is valid for at least 120 days from the date of proposals signature below; 3. Proposer understands that if selected as the successful Proposer, he/she will have ten (10) business days from the date of delivery of final contract in which to complete contract negotiations, if any, and execute the final contract document. Date of execution can be extended by mutual agreement of contractor and OIG. Authorized Signature: Typed or Printed Name: Title: Company Name: Address: City: OIG: Zip: SIGNATURE of Proposers Authorized Representative DATEOffice of Inspector General RFP – IT ServicesRFP No. 7101-01107 Page 12 of 21
  15. 15. ATTACHMENT IV: SAMPLE CONTRACT PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF NEW ORLEANS AND [CONTRACTOR] This agreement (“Agreement”) is entered into on ____________________ by and between the City of New Orleans (“City”) and [Contractor] (“______” or “Contractor”). CONTRACTOR’S SCOPE OF SERVICES See Scope of Services, Attachment I. DURATION This Agreement shall begin on ___________, and shall terminate on ___________ [three years from start date]. The effective date of this Contract may be extended only if an amendment to that effect is duly executed by the contracting parties and approved by the necessary authorities prior to said termination date. POINTS OF CONTACT The OIG designates Alaina Stewart as its primary point of contact for all dealings with Contractor related to carrying out this Agreement. All Contractor communications should be directed to Alaina Stewart. In the event that Ms. Stewart is unavailable, Contractor communications may be directed to the secondary point of contact, Carla Gendusa. Contractor will only respond to requests for service or support made by the primary or secondary points of contact identified in the preceding paragraph. Contractor will not respond to requests for service or support made by any other persons purporting to act on behalf of the OIG. KEY PERSONNEL All Contractor personnel who will perform work pursuant to this Agreement must be listed on Form C, and Contractor must include a current resume with this Agreement. The Contractors personnel assigned to this Contract may not be replaced without the written consent of the OIG. Such consent shall not be unreasonably withheld or delayed provided an equally qualified replacement is offered. Contractor must provide a resume demonstrating adequate qualifications, prior to work commencement, of any personnel substitutions. TAXES Contractor is responsible for payment of all applicable taxes from the funds to be received under this contract. Contractors federal tax identification number is _________________.Office of Inspector General RFP – IT ServicesRFP No. 7101-01107 Page 13 of 21
  16. 16. PAYMENT TERMS In consideration for the services required in this Agreement, the City will pay Contractor a maximum compensation not exceeding $75,000 for the duration of the entire contract. Payments will be made to the Contractor after written acceptance by the OIG of the payment task and approval of an invoice. The OIG will make every reasonable effort to make payments within 30 days of the approval of invoice and under a valid contract. Payment will be made only on approval of Alaina Stewart. During the execution of tasks contained in the Scope of Services, the Contractor must submit invoices at least monthly or more frequently when the total amount of an invoice exceeds $1,000. Payment terms are as contained in the Fee Proposal, Attachment V, attached hereto and made a part of this contract. ASSIGNMENT No contractor shall assign any interest in this Agreement by assignment, transfer, or novation, without prior written consent of the OIG. This provision shall not be construed to prohibit the contractor from assigning to a bank, trust company, or other financial institution any money due or to become due from approved contracts without such prior written consent. Notice of any such assignment or transfer shall be furnished promptly to the OIG. EQUAL EMPLOYMENT OPPORTUNITY In all hiring or employment made possible by, or resulting from this Agreement, there (1) will not be any discrimination against any employee or applicant for employment because of race, color, religion, gender, age, physical or mental disability, national origin, sexual orientation, creed, culture, or ancestry, and (2) where applicable, affirmative action will be taken to ensure that the Contractors employees are treated during employment without regard to their race, color, religion, gender, age, physical or mental disability, national origin, sexual orientation, creed, culture, or ancestry. This requirement shall apply to, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. All solicitations or advertisements for employees shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, gender, age, physical or mental disability, national origin, sexual orientation, creed, culture, or ancestry. CONFLICT OF INTEREST In the interest of ensuring that efforts of the Contractor do not conflict with the interests of the City, and in recognition of the Contractor’s responsibility to the City, the Contractor agrees to decline any offer of employment if its independent work on behalf of the City is likely to be adversely affected by the acceptance of such employment. The initial determination of such a possibility rests with the Contractor. It is incumbent upon the Contractor to notify the City,Office of Inspector General RFP – IT ServicesRFP No. 7101-01107 Page 14 of 21
  17. 17. through its Office of Inspector General, and provide full disclosure of the possible effects of such employment on the Contractors independent work in behalf of the City. Final decision on any disputed offers of other employment for the Contractor shall rest with the City through its Office of Inspector General. ACKNOWLEDGMENT OF EXCLUSION OF WORKER’S COMPENSATION COVERAGE Contractor herein expressly agrees and acknowledges that it is an independent contractor as defined in R.S. 23:1021 (6) and as such, it is expressly agreed and understood between the parties hereto, in entering into this services agreement, that the City of New Orleans shall not be liable to the Contractor for any benefits or coverage as provided by the Workmens Compensation Law of the State of Louisiana, and further, under the provisions of R.S. 23:1034 anyone employed by the Contractor shall not be considered an employee of the City for the purpose of Worker’s Compensation coverage. ACKNOWLEDGMENT OF EXCLUSION OF UNEMPLOYMENT COMPENSATION COVERAGE: Contractor herein expressly declares and acknowledges that it is an independent contractor, and as such is being hired by the City under this Agreement for hire as noted and defined in R.S. 23:1472 (E), and therefore, it is expressly declared and understood between the parties hereto, in entering into this services Agreement, or agreement for hire, and in connection with unemployment compensation only, that: Contractor has been and will be free from any control or direction by the City over the performance of the services covered by this Agreement; and Services to be performed by Contractor are outside the normal course and scope of the City’s usual business; and Contractor has been independently engaged in performing the services listed herein prior to the date of this agreement. Consequently, neither Contractor nor anyone employed by Contractor shall be considered an employee of the City for the purpose of unemployment compensation coverage, the same being hereby expressly waived and excluded by the parties hereto. WAIVER OF SICK AND ANNUAL LEAVE BENEFITS It is expressly agreed and understood between the parties entering into this services agreement that the Contractor, acting as an independent agent, shall not receive any sick and annual leave benefits from the City of New Orleans. JURISDICTION The Contractor hereby consents and yields to the jurisdiction of the State Civil Courts of the Parish of Orleans, and does hereby formally waive any pleas of jurisdiction on account of the residence elsewhere of the Contractor.Office of Inspector General RFP – IT ServicesRFP No. 7101-01107 Page 15 of 21
  18. 18. CANCELLATION Either party to this Agreement may terminate the agreement at any time during the term of the agreement by giving the other party written notice of said intention to terminate at least (30) days before the date of termination. AUDIT AND OTHER OVERSIGHT The Contractor understands and will abide by all provisions of the Code of the City of New Orleans, Chapter 2, Art. XIII, Sect. 2-1120, as adopted by City Ordinance No. 22,888 M.C.S., (relative to the operations and authority of the City Inspector General), incorporated herein by reference. CONTRACT MODIFICATION No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required by law. No oral understanding or agreement not incorporated in the Agreement is binding on any of the parties. SUBCONTRACTORS The Contractor may not subcontract any part of this Agreement. WARRANTIES Contractor warrants that all services called for in this Agreement will be performed in a workmanlike manner, and according to the description (including completion criteria) contained in the Scope of Services. Contractor warrants that it will make all commercially reasonable efforts not to include any Unauthorized Code in the installation of any software provided under this Agreement. “Unauthorized Code” means any virus, Trojan horse, worm or other software routine or component designed to permit unauthorized access to disable, erase, or otherwise harm software, equipment, or data, or to perform any other such actions. Excluded from this prohibition are identified and City-authorized features designed for purposes of maintenance or technical support. OWNERSHIP OF WORK PRODUCT All work and rights to work produced, developed or acquired by Contractor under this Agreement, including ownership of any copyrights to work produced under this Agreement, shall be transferred to and become the exclusive property of the City, and all materials developed or acquired under the Agreement shall be delivered to the City no later than the termination date for the Agreement. Contractor acknowledges that the compensation paid under this Agreement is due consideration for transfer of ownership of any copyrights for work produced under the Agreement. CONFIDENTIALITY All material, records, data, and information compiled by the OIG or IPM relating to a pending investigation, examination, audit, inspection, or performance review which may becomeOffice of Inspector General RFP – IT ServicesRFP No. 7101-01107 Page 16 of 21
  19. 19. available to Contractor in carrying out this Agreement are confidential and must be protected from disclosure. Contractor acknowledges a duty to protect all such material, records, data, and information and understands that unauthorized disclosure of confidential records or information may constitute a misdemeanor punishable, pursuant to La. R.S. 33:9614, by a fine of not more than two thousand dollars or imprisonment for not more than one year, or both. In addition, all proprietary information relating to the OIG or IPM computer networks, including but not limited to security access codes and security features, are confidential and Contractor must protect such information from disclosure to third parties. INDEMNIFICATION The Contractor shall indemnify, defend and save the City harmless against any and all claims, demands, suits, judgments of sums of money to any party accruing against the City for loss of life or injury or damage to persons or property growing out of, resulting from, or by reason of any act or omission or the operation of the Contractor, its agents, servants or employees while engaged in or about or in connection with the discharge or performance of the services to be done or performed by the Contractor hereunder and shall also hold the City harmless from any and all claims and/or liens for labor, services, or materials furnished to the Contractor in connection with the performance of its obligation under this Agreement. SOLICITATION Contractor has not employed or retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure the subject contract. Contractor has not paid or agreed to pay any person other than a bona fide employee of Contractor any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from this Agreement. CODE OF ETHICS The contractor acknowledges that Chapter 15 of Title 42 of the Louisiana Revised Statutes (R.S. 42:1101 et seq., Code of Governmental Ethics) applies to the Contracting Party in the performance of services called for in this Agreement. The contractor agrees to immediately notify the OIG if potential violations of the Code of Governmental Ethics arise at any time during the term of this Agreement. SEVERABILITY If any term or condition of this Agreement or the application thereof is held invalid, such invalidity shall not affect other terms, conditions, or applications which can be given effect without the invalid term, condition, or application; to this end the terms and conditions of this Agreement are declared severable. COMPLETE CONTRACT This is the complete Agreement between the parties with respect to the subject matter and all prior discussions and negotiations are merged into this Agreement. This Agreement is entered into with neither party relying on any statement or representation made by the other party notOffice of Inspector General RFP – IT ServicesRFP No. 7101-01107 Page 17 of 21
  20. 20. embodied in this Agreement and there are no other agreements or understanding changing or modifying the terms. ENTIRE AGREEMENT & ORDER OF PRECEDENCE This Agreement, together with the RFP and contractor’s proposal which are incorporated herein, shall, to the extent possible, be construed to give effect to all of its provisions; however, where provisions are in conflict, first priority shall be given to the provisions of the Agreement, excluding the Request for Proposals, its amendments and the Proposal; second priority shall be given to the provisions of the Request for Proposals and its amendments; and third priority shall be given to the provisions of the Contractor’s Proposal. THUS DONE AND SIGNED on the date(s) noted below: By: MITCHELL J. LANDRIEU, MAYOR By: N. JOLIVETTE BROWN, CITY ATTORNEY CONTRACTOR By: _________________Office of Inspector General RFP – IT ServicesRFP No. 7101-01107 Page 18 of 21
  21. 21. ATTACHMENT V: FEE PROPOSAL/KEY PERSONNEL • The hourly fees in this proposal include all company overhead, profit, and costs. • Expenses are not allowable under this contract and may not be billed to the OIG. • Travel time to/from on-site visits or any other travel required by the contract shall not be billed to the OIG. • All consultant time will be billed in increments of 1/10 hour. • Electronic communications will not be billed unless the content of the consultant’s single response exceeds 500 words. • All time billed will be detailed by date and time entry on the invoice with a description of the service provided, including whether the service was via email, telephone, remote access, or on-site. • Invoices will be sent to the OIG at least monthly or more frequently if the total amount of an invoice exceeds $1,000. • The company may not bill for more than one consultant to attend any meeting or provide any service unless the OIG gives advance written approval. Primary Consultant _____________________________ Hourly Rate $___________ Other consultants who may provide services: Name_________________________________________ Hourly Rate $___________ Name_________________________________________ Hourly Rate $___________ Name_________________________________________ Hourly Rate $___________ Please attach resumes for every person listed on this form.Office of Inspector General RFP – IT ServicesRFP No. 7101-01107 Page 19 of 21
  22. 22. ATTACHMENT VI: CERTIFICATION The undersigned has authority to bind the bidder or offeror to the terms of this bid or proposal and hereby certifies on behalf of the bidder or offeror that: 1. The person, entity, or corporation submitting this bid or proposal, if selected for a contract award, will execute a contract that incorporates all of the terms of the invitation for bids or request for proposals and the bid or proposal; 2. The person, entity, or corporation submitting this bid or proposal is not delinquent in the payment of any taxes owed to the City of New Orleans; 3. This bid or proposal has been submitted without collusion with any person or entity; 4. No officer or employee of the City of New Orleans, or any department, agency, commission or board thereof has a financial interest in this proposal which would violate provisions of the Code of Ethics found in La. R.S. 42:1101 et seq.; 5. The bidder or offeror has not retained or employed any person, other than a bona fide employee working solely for the bidder or offeror, to solicit or secure a contract awarded through this bid or proposal process. The bidder or offeror has not paid or agreed to pay any person, other than a bona fide employee working solely for the bidder or offeror, any fee commission, percentage, gift, or other consideration contingent upon or resulting from any contract awarded through this bid or proposal process. 6. The bidder or offeror does not have any conflicts of interest, either ethical or legal, which would adversely affect the representation of the Office of Inspector General for the City of New Orleans. Should any such conflicts arise during the representation of the OIG, I will notify the OIG immediately in writing. Signed under pains and penalties of perjury: Sworn to and subscribed before me this ____day of _________________, 20___. _________________________ Signature ____________________________ _________________________ Notary Public (signature) Printed Name ____________________________ Printed Name of Notary _________________________ Title Notary ID#/Bar Roll # _________ _________________________ DateOffice of Inspector General RFP – IT ServicesRFP No. 7101-01107 Page 20 of 21
  23. 23. Form A. Representative Client List Please list representative clients for whom similar services have been provided in the past five (5) years and contact information so that the OIG may obtain a reference.Name of Client Name of Primary Primary Contact Date and description of services Contact address & phone providedOffice of Inspector General RFP – IT ServicesRFP No. 7101-01107 Page 21 of 21