City of Overland Park, Kansas Notice Inviting Proposals for Services Relating to Service Recognition Award Program

Transcription

1 City of Overland Park, Kansas Notice Inviting Proposals for Services Relating to Service Recognition Award Program The City of Overland Park, Kansas (the City) is requesting proposals for services relating to the Service Recognition Award Program. All inquiries concerning this Request for Proposals (RFP) should be directed to: Lenear Watson Manager, Human Resources City of Overland Park, Kansas 8500 Santa Fe Drive Overland Park, Kansas (913) The Request for Proposals and any related documents and information may be obtained from the Human Resources Department at the same address listed above. If you are interested in submitting a proposal, please submit an electronic copy and an original proposal that meets the requirements of this Request for Proposal and four (4) copies to: City of Overland Park Attn: City Clerk 8500 Santa Fe Drive Overland Park, Kansas Proposals shall be submitted in a sealed envelope clearly marked "Proposal for Service Recognition Award Program" no later than 2:00 p.m. on Friday, November 16, Proposals may be delivered in person or mailed; however, any proposal that does not reach the City Clerk by the deadline will not be accepted.

2 Table of Contents Page I. Introduction... 3 II. Background Information... 3 III. Scope of Services IV. Selection Procedure and Evaluation Criteria V. Proposal Format VI. Preparation of Proposal... 9 VII. Delivery of Proposal... 9 VIII. Inquiries... 9 IX. Additional Requirements... 9 X. Service Contract Insurance Requirements 9-10 XI. Right to Reject Proposal XII. Disputes and Complaints. 11 The Following are to be Included in the Proposal : Section A-Company Information...12 Section B-References Exhibit A Purchasing Agreement 2

3 REQUEST FOR PROPOSALS (RFP) Service Recognition Award Program City of Overland Park, Kansas October 2012 I. Introduction: The City of Overland Park, Kansas is seeking proposals from qualified firms to provide ongoing and comprehensive services for a Service Recognition Award Program as detailed in the Section III. Scope of Services contained herein to be implemented on or about April 1, II. Background: For purposes of this Request for Proposal, the City of Overland Park employs 1,087 employees (789 full-time and 298 part-time). The City of Overland Park believes in giving proper recognition for long service to its employees. When an employee has completed ten (10) years of continuous service, he/she will be eligible to receive a service recognition award. Additional service recognition awards are available to eligible employees at 20, 25, 30, 35, and 40 years of continuous service. When an employee has completed five (5) and fifteen (15) years of continuous service, he/she will be eligible to receive a Certificate of Recognition. The City of Overland Park Service Recognition Award Program shall provide a positive and meaningful recognition of continuing service and achievement with the delivery of a comprehensive selection of symbolic, prestigious awards that reflect the high standards of the City. III. Scope of Services: Interested firms shall submit proposals, which meet the minimum specifications listed within this RFP. The Proposal shall describe in detail each service offered, clearly state all of the fees, costs, or charges associated with the service, how the service shall be provided, and who shall provide the service. The Proposal should include costs for the first year and cost provisions with the option to renew for two additional years subject to statutory cash basis law limitations and satisfactory performance in the initial or previous years of the agreement. Terms for the renewal option should include pricing and conditions as stated within the Proposal. Proposals for the Service Recognition Award Program shall include but not be limited to the following: A. Development of Program Create the content for and develop a comprehensive employee service recognition award program which would be implemented through City 3

4 branded web pages created by the Contractor and operated through Contractor s web-based service recognition award system. Create a certificate of recognition to be provided to eligible employees. B. Communications (Sample required) Program communication materials should carry the message of quality and recognition. Program announcements (with affixed labels for employees to be provided by and delivered to the City) to introduce and promote the program and the Contractor. Notification to recipients (60 days prior to service anniversary). Award brochure/catalog (to be provided to each recipient). Certificate of Recognition (to be provided to each recipient). Award presentation materials (to be provided to each recipient). Selection/Order Forms (to include recipient s name, award level, item description, cost center, department, anniversary date, and ring sizer, when appropriate). C. Administration Pricing level must include the awards level, straight-line average, and price range. An example of the pricing level is below. Example: award level years of service average range $ $125-$170 Pricing levels should be provided based on the charts listed below. Over the next three-year period, we estimate that we will have the following number of recipients in each service category. No. of Award Recipients 2013 Category year service award year service award year service award 7 30-year service award 9 35-year service award 3 40-year service award 4

5 No. of Award Recipients 2014 Category year service award year service award year service award year service award 6 35-year service award 4 40-year service award No. of Award Recipients 2015 Category year service award year service award year service award year service award 1 35-year service award 3 40-year service award Pricing for the Certificates of Recognition should be at a flat rate. An example of the pricing is below. Example: Certificates for 5 and 15 Years of Service: $2.50/certificate Pricing should be based on the chart listed below. Over the next threeyear period, we estimate that we will have the following number of Certificates of Recognition. Year No. of Certificates of Recognition Mail and delivery (award packet to include but not limited to award brochure/catalog, selection/order form with website information, certificate of recognition, and award presentation materials). Fees (setup, die charges, printing, and administration). Invoices (monthly to bill location). Payment (within 30 days of receipt of invoice). Record keeping (track orders and recipient response, monthly reporting to City). Delivery (delivery of award to City s address with each item clearly labeled with recipient s name, award level, item description, department name, and cost center). Shipping (large items to be shipped directly to recipient s home address at no extra charge). 5

6 D. Training on System Training of designated City staff on the use and implementation of the program. E. Program Support Promptly correct and repair all material failures, malfunctions, errors, or defects attributable to the site that prevents the program from being utilized. F. Data Retention Maintain data from program for each year of the contract. G. Manufacturing Manufacturing (assurance of high quality merchandise with product samples at presentation of proposal). Exclusive custom designs/emblems (includes City logo included in die package). Packaging (in individual gift boxes). Gem/stone setting (with manufacturer warranty). Jewelry engraving/care (cleaning, adjusting, and tightening at no charge). H. Warranty & Replacements Repair/Replace/Return defected products (within 30-days). Return shipping cost (contractor to pay). I. Availability Service/Account Representative (contact or return phone call within 24 hours). J. References References (five verifiable references provided with proposal including company name, address, contact name, title, and phone number). 6

7 IV. Selection Procedure and Evaluation Criteria: The Proposal submitted will be the primary document upon which each respondent will be evaluated by an evaluation team. After review of the proposals, the evaluation team may determine a list of qualified firms for interviews/presentations. Depending on the estimated costs of implementing this program, the evaluation team will be responsible for selecting and recommending a firm to either: 1) the City's Finance, Administration & Economic Development Committee, who will make a recommendation to the City Council; or 2) to the City s Chief Human Resources Officer who will recommend approval of a contract to the City Manager. The City reserves the right to accept or reject any and all proposals and all or part of a proposal and may waive informalities, technical defects, and minor irregularities in the proposals received. The significant factors for consideration are as follows: A. Plan for performing desired services: 1. Scope of Services -- The primary consideration is the extent to which the respondent's description of the scope of services is sufficiently detailed, logically presented, and consistent in terms of format and content. 2. Approach -- The primary consideration is the extent to which the proposal presents a clearly defined and well thought out method in achieving a comprehensive, web-based service recognition award program and the extent to which the method chosen appears to be an effective, efficient way to develop and implement such a program. 3. Schedule -- The primary consideration is whether the respondent is able to develop and implement a comprehensive, web-based recognition award program by April B. Qualifications: 1. Prior experience and past performance -- The primary consideration is whether the respondent has a successful track record in providing services of comparable scope. Prior experience with this type of service will be given preference. 2. Project team -- The primary consideration will focus on the qualifications and experience of the project team assigned to this project and to what extent team members have participated in projects similar in scope. C. Proposed cost of services. 7

8 D. Responsiveness to requested proposal format. E. Feedback-Information from references and others who have had experience with the respondent on similar projects. F. Presentation-The quality of the presentation and interviews if this evaluation method were to be used. V. Proposal Format: Proposals must be organized according to the fixed format outlined below. A comprehensive table of contents should be at the front of the proposal for ease of reference. (Identification of additional information is recommended.) A. Section 1. Cover Letter -- Letter of transmittal. B. Section 2. Executive Summary -- The respondent presenting the proposal should provide a statement of the prominent features of the proposal including any recommendations to enhance the value, effectiveness, and/or reduce the cost of the overall project. C. Section 3. Description of Scope of Services -- The respondent shall describe such items as the design of the proposed program, methodology, time-frames, proposed interaction with City staff as well as other project components and features as required under Section III. Scope of Services. D. Section 4. Qualifications and Experience of Firm -- The respondent presenting the proposal response should describe all qualifications of their firm and experience in performing projects of similar nature and scope. The key personnel to be involved on the project team also should be identified and a description of their qualifications and experience included. A list of similar projects completed by members of the project team, with a client reference company, point of contact, and phone number should be included in this section. E. Section 5. Cost Breakdown -- Respondent must include all costs associated with their proposal. Costs must be assigned to elements outlined under Section III. Scope of Services. F. Section 6. Additional Information -- Respondent may add any information that supports its response to the proposal in this section. G. Section 7. Statement of Contract Compliance -- Respondent must submit a written statement that it has reviewed the contract requirements set forth in Exhibit A of this RFP and acknowledges that it is willing to execute a contract for services that includes the contract provisions contained 8

9 therein and that it understands that failure to execute the City s required contract for services shall result in the contract being awarded to another Respondent. Please note that the attached Exhibit A is not the final form of the contract. The final document will include the terms and conditions necessary to properly engage the Respondent for the services set forth in this RFP. VI. Preparation of Proposal: Proposals shall be typed and shall be completely executed by the respondents in ink with their full signature. The respondent shall indicate whether they are an individual, partnership, joint venture, corporation, or a foreign corporation, and enter the correct name of the respondent. The business address of the respondent shall be typed or printed on the proposal. The proposal shall be signed by an authorized agent. If submitted by a corporation, the proposal must be signed by the President, Secretary, or by other authorized agents and proof of authorization shall accompany the proposal. VII. Delivery of Proposal: The electronic copy, an original and four (4) copies of the proposal shall be deposited with the City Clerk's office on or before 2:00 p.m., Friday, November 16, It is the sole responsibility of the respondent to see that their proposal and the appropriate Affirmative Action/EEO Program documents are delivered in time. Any proposal received after the scheduled closing time for the receiving of proposal will be returned to the respondent unopened and will not be considered. VIII. Inquiries: All inquiries concerning this RFP are to be directed to the following. Requests for information and/or questions will be addressed if received by Friday, November 2, Responses will be posted on the City s internet site, Any request received after November 2, 2012 will not be addressed. All responses will be posted on the City s website by November 9, Lenear Watson Manager, Human Resources City of Overland Park 8500 Santa Fe Drive Overland Park, KS Phone: (913) lenear.watson@opkansas.org IX. Additional Requirements: The respondent must agree to the terms and conditions as set forth in the Agreement for Services Relating to Service Recognition Award Program, a copy of which is attached hereto as Exhibit A and made part of this Request for Proposal. X. Service Contract Insurance Requirements: Contractor shall maintain for the duration of the contract, the appropriate insurance against claims for injuries to 9

10 persons or damages to property, which may arise from or in connection with the performance of work by the Contractor, his agents, representatives, employees or subcontractors. Proof of insurance shall be required upon award of a contract for services. XI. Right to Reject Proposal and City Reservations: The City of Overland Park reserves the right to reject any or all proposals and to disregard typographical, mathematical, or obvious errors. The City of Overland Park will not pay costs incurred by respondents in the preparation of their proposal. All proposals and related reference information submitted in response to this RFP will become the property of the City and will not be returned. Each entity submitting a proposal waives any right of confidentiality as to the proposal documents. If an entity submitting a proposal considers certain material in the proposal proprietary information, it shall clearly designate those portions of the proposal it wishes to remain confidential. As a public entity, the City is subject to making records available for public disclosure. The City will attempt to maintain the confidentiality of material marked proprietary; however, it cannot guarantee that information will not be made public. The City reserves the right to (1) accept or reject any and all proposals and to waive any technicalities or irregularities involving any proposal and to cancel the RFP process at any time prior to entering into a formal contract for auditing services, (2) not award a contract for any or all of the services that are the subject of this RFP process, (3) negotiate contract terms acceptable to the City with the successful firm, and (4) disregard all nonconforming, non-responsive or conditional proposals. During the evaluation process, the City reserves the right to request additional information or clarifications from those firms submitting proposals and to allow corrections of errors and/or omissions. Submission of a proposal indicates acceptance by the firm submitting the proposal of the terms, conditions, and specifications contained in this RFP to include the contract requirements set forth herein. The City will not pay for any information herein requested, nor is it liable for any costs incurred by those submitting proposals. The City reserves the right to select the proposal that will best meet the needs of the City. Proposals that do not meet the stated requirements will be considered in non-compliance and will be disqualified unless the City waives such non-compliance. No proposal may be withdrawn for a period of thirty (30) days from the date set for the opening thereof. By submission of a proposal, each entity submitting a proposal certifies and acknowledges that: 10

11 It has not paid nor agreed to pay any person, other than a bona fide employee of the firm, a fee or a brokerage fee resulting from the award of the contract. The City may, by written notice to the entity submitting the proposal, reject the RFP or cancel any award under this RFP if it is found by the City that gratuities, in the form of entertainment, gifts, or otherwise were offered or given to any representative of the City with a view toward securing an order or other favorable treatment with respect to this RFP or the entity submitting the proposal participated in collusion with another entity to restrain or eliminate competition. The contents of this RFP and any clarifications distributed or issued by the City shall become part of the contractual obligation and incorporated by reference into the ensuing contracts as the City deems appropriate. XII. Disputes and Complaints: All complaints or grievances of respondents should be first submitted in writing to the Manager, Human Resources who will take prompt remedial action. The Manager, Human Resources shall investigate the validity of the complaint and present the findings in writing to the respondent. If the respondent is dissatisfied with the remedies as determined by the Manager, Human Resources, he/she may then make an appeal to the Chief Human Resources Officer. This policy does not preclude consideration of legal questions in connection with any decisions made by the City of Overland Park. 11

12 Section A Company Information 1. Company Name: Address: City, State, Zip: Phone Number: Title: Phone: Signature: 2. Company Official Submitting This Proposal: Name: Address: City, State, Zip: Title: Phone: Signature: 3. Primary Company Contact Person Regarding This Proposal: Name: Address: City, State, Zip: Title: Phone: Signature: 12

13 Section B References 1. Organization Name: Street Address: City, State, Zip: Contact Name: Title: Phone: Address: 2. Organization Name: Street Address: City, State, Zip: Contact Name: Title: Phone: Address: 3. Organization Name: Street Address: City, State, Zip: Contact Name: Title: Phone: Address: 4. Organization Name: Street Address: City, State, Zip: Contact Name: Title: Phone: Address 5. Organization Name: Street Address: City, State, Zip: Contact Name: Title: Phone: Address 13

14 Exhibit A Agreement Between The City of Overland Park, Kansas and For Services Relating to the City s Service Recognition Award Program 14

15 AGREEMENT (For Service Recognition Awards) This PURCHASING AGREEMENT (the Agreement ) is entered into on this day of, 2013, in Johnson County, Kansas, by and between the City of Overland Park, Kansas, hereinafter called the City and, hereinafter called "Contractor." It is the intention of the City to secure services relating to the City s Service Recognition Award Program. WHEREAS, City desires to engage Contractor to provide service recognition awards and services. NOW, THEREFORE, Contractor and City (the Parties ) agree as follows: SECTION I - CONTRACTOR DUTIES (a) Service Awards. Contractor shall supply all labor, materials, and supplies to design, implement, and administer a service recognition award program that shall include a catalog of award items with set prices as set forth in the attached Pricing Information Sheet. The program is designed to recognize employees reaching significant milestones with the City, which include 10, 20, 25, 30, 35, and 40 years of service. Once the award items and design of the program are established and approved, the implementation and administration of the program shall include the necessary record keeping, distribution of approved service award gifts, and appropriate notification to and follow-up with employees. (b) Certificate of Recognition. Contractor shall supply a certificate to each employee who is eligible and who has served five (5) and fifteen (15) years of continuous service. (c) Development of Program. Contractor will create the content for and develop a comprehensive employee service recognition award program which would be implemented through City branded web pages created by the Contractor and operated through Contractor s web-based service recognition award system. Contractor shall provide program development services. Contractor will work with the City to determine the criteria for and content to the Program and will obtain the City s approval on the final content and features prior to the Program s implementation. (d) Training on System. Contractor will provide the designated administrator(s) and/or representatives training in the use and administration of the Contractor s website ( Site is defined as the gift ordering and administrative mechanisms) and administrative program(s) ( Programs is defined as gift ordering website, administrative website, and notification), to include but not limited to, a written instruction guide/manual and in-person demonstration(s) of the on-line administration services as needed/requested by the City. Such training will include accessing the site, ordering, invoicing, and use of administrative reports. (e) Administration of Program. Contractor will be solely responsible for managing and handling all aspects of the Program s on-line administration, including hosting the Programs on Contractor s site, handling the data obtained from the Programs, delivering awards to award recipients pursuant to the Programs which may entail direct shipment from vendors, and choosing qualified vendors and awards. Contractor will design brochures, to include internet brochure, notifications, and correspondence. Contractor will establish a toll free gift ordering number and an address for City s employees to communicate their orders, receive information on the program and/or address any questions regarding the award once received. Contractor will assign an account representative as a point of contact for City. City will electronically provide Contractor with a listing of all employees eligible for an award. Contractor shall upon receipt of Eligibility Data provide the following: (i) Contractor will notify eligible employees well in advance of their anniversary date by print notification. Contractor will make provisions for solicitations or notifications to be sent to eligible award recipients prior to anniversary month. The notification will include a web address and access code for viewing award options and ordering. (ii) Recipient will be afforded an opportunity to view their award options and place their order by internet, phone, or fax. (iii) Contractor will directly solve eligible employee questions, issues or concerns. (iv) Contractor will send a 15

16 reminder notice to employees who have not responded within a reasonable period of time. The reminder notice will be sent by U.S. mail or and will contain explicit directions to respond within two weeks after receipt of such notice. If after a reasonable period of time of non-response from the employee, the City s administrator will request a pre-determined default award to be provided to the employee. (v) Once an award is received, Contractor will provide an order confirmation card or to the administrator. (vi) Contractor shall send a congratulatory to the eligible employee on anniversary date. (f) Support. Contractor shall promptly, after notification by City, correct and repair all material failures, malfunctions, errors or defects attributable to the Site that prevent the Programs from being used in accordance with its design. Contractor shall respond to maintenance requests that City makes over the telephone or for corrections or repairs with respect to the Program. (g) Data Retention. Contractor shall maintain data from program for each year of the Agreement. (h) Packaging and Delivery. Contractor will manufacture, label, and ship the award within two (2) to three (3) weeks after the award is ordered. The award will have the employee s name, cost center, department, and anniversary date identified on the package. Contractor will provide monthly status reports to City regarding the previous month s ordering activity. All awards will be shipped by trackable ground service. SECTION II COMPENSATION (a) Prices. City will compensate Contractor for the awards and services provided under this Agreement as set forth in the attached Pricing Information. (b) Payment Terms. All invoices are due and payable net thirty days from receipt. All corrections to invoices will be processed as a credit or debit to the City s account. (c) Packaging and Delivery. Contractor shall be responsible for ensuring all awards and materials are packed and shipped in accordance with good commercial practice. Further, Contractor shall replace at no cost to the City awards and materials that are damaged or defective when received by the City or a City employee. (d) Shipping. Shipping and handling costs have been included in the award pricing. SECTION III - CASH BASIS LAW The City is obligated only to make payments under this Agreement as may be lawfully made from funds budgeted and appropriated for the purposes as set forth in this Agreement during the City s current budget year. In the event the City does not so budget and appropriate the funds, the parties shall be relieved from all obligations, without penalty, under this Agreement. SECTION IV - TERM OF AGREEMENT The initial term of this Agreement shall be from April 1, 2013 to March 31, 2014 with the City s option to automatically renew the Agreement for two additional years unless the Agreement is terminated as provided in Section V. Unless otherwise terminated, the term of this Agreement will expire on March 31, SECTION V - TERMINATION 1. Termination for Convenience. The City may without reason or without cause and solely for the City s convenience terminate this Agreement at any time by providing the Contractor notice in writing at least thirty (30) days prior to the effective date of such termination for convenience. 16

17 (b) If the City terminates for its convenience as herein provided, the City shall compensate Contractor for all services completed to date of its receipt of the termination notice and any additional services requested by the City to complete any necessary work. Compensation shall not include anticipatory profit or consequential damages, neither of which will be allowed. (c) Termination for Cause. Without in any manner limiting the right of the City to terminate this Agreement or declare the Contractor in default thereof for any reason set forth herein, if the work to be done under this Agreement shall be abandoned by Contractor, or if this Agreement shall be assigned by Contractor otherwise than as herein provided; or if the Contractor should be judged as bankrupt; or if a general assignment of its assets should be made for the benefit of its creditors; or if a receiver should be appointed for the Contractor or any of its property; or if at any time the City determines that the performance of the work under this Agreement is being unnecessarily delayed, that the Contractor is violating any of the conditions or covenants of this Agreement, that it is executing the same in bad faith or otherwise not in accordance with the terms of said Agreement; then, in addition to other rights the City may choose to exercise, the City may, at its option, serve written notice upon the Contractor of the City s intention to terminate this Agreement, and, unless within ten (10) days after the serving of such notice upon the Contractor a satisfactory arrangement be made for the continuance thereof, this Agreement shall cease and terminate unless the City otherwise agrees to continue the Agreement. In the event of such termination, the City shall immediately serve notice thereof upon the Contractor and the City may take over the work and prosecute same to completion by contract with another contractor or otherwise and in such event the City may take possession of and utilize in completing the work any and all documents and other materials as may be necessary therefore. When Contractor s services have been so terminated, such termination shall not affect any rights or remedies of the City against Contractor then existing or which may later accrue. Similarly, any retention or payment of monies due Contractor shall not release Contractor from liability. If the City terminates for cause or default on the part of Contractor, the City shall compensate Contractor for the reasonable cost of services completed to date of its receipt of the termination notice. Compensation shall not include anticipatory profit or consequential damages, neither of which will be allowed. SECTION VI AWARDS GUARANTEE AND WARRANTY (a) Guarantee. Contractor agrees to cover all jewelry awards by a lifetime guarantee against defects in workmanship and materials. Contractor will repair or replace these items, as Contractor s sole cost provided the award has not been modified, repaired, or otherwise changed by anyone other than the Contractor s personnel. (b) Contractor agrees to cover all awards except as otherwise provided. Contractor agrees to cover all awards by a five year unconditional warranty, which shall cover defects in materials and workmanship, under normal usage, from the date the award is presented to the employee. SECTION VII RETURNS (a) Returns. City or any Award Recipient shall be entitled to return for repair or replacement any award or order for full credit at any time if the award is defective or damaged when received or was produced due to a Contractor error. (b) Exchanges. If an Award Recipient is not fully satisfied with the Award they selected and would like to exchange the Award, at no cost to the City, it may be returned to Contractor for exchange within thirty (30) days from the date of award presentation. (c) Return Procedure. To return an Award or order to Contractor, the City or an Award Recipient shall contact the Contractor by means of phone, , or fax. 17

18 SECTION VIII SYSTEM LICENSE In consideration of the fees paid pursuant to the agreement attached hereto, Contractor hereby grants City for the term of this Agreement, a limited, nonexclusive and revocable license to access and use the solely as necessary to operate the Programs for the benefit of the employees of City, and to allow its employees the use of the Site. No other license terms shall apply to City s use of the Contractor s Site or Programs unless they are set forth in a writing signed by the Parties. Contractor retains full and complete right and title to all Programs and Sites and all component parts thereof and to all intellectual and industrial property rights therein, subject only to the limited right of use granted to City hereunder. SECTION IX CONFIDENTIALITY Confidential information means any information disclosed by either Party to the other Party that is either conspicuously marked confidential or words to that effect at disclosure, or should be reasonably understood by the receiving Party to be confidential. Notwithstanding the foregoing, confidential information includes any personally identifying information obtained by Contractor as a result of this Agreement, included but not limited to employees identification numbers, addresses, and home addresses. The Parties agree that the Parties may make disclosures of such information as required by law to specifically include the Kansas Open Records Act found at K.S.A et.seq. SECTION X - HOLD HARMLESS AND LIABILITY Contractor agrees to defend, indemnify and hold harmless the City, the City s agents, employees and assigns from any and all lawsuits, claims, settlements, and judgments for personal injury, bodily injury, property damage and/or death or any other basis, arising solely out of Contractor's or any of its agents, servants and/or employees' negligent or purposeful acts, and or failure to act in the performance of this Agreement. Contractor shall not be responsible for claims, expenses, damages, or liability for personal injury or damage to property, directly or indirectly arising from the negligent or wrongful act of City, its officers, employees, agents and volunteers and/or failure to act in the performance of this Agreement. SECTION XI - INSURANCE Contractor shall maintain throughout the duration of this Agreement, insurance in, at a minimum, the amounts specified below. All general and automobile liability insurance shall be written on an occurrence basis unless otherwise agreed to in writing by the City. (a) Professional Liability: Contractor shall maintain throughout the duration of this Agreement, Professional Liability Insurance in an amount not less than One Million Dollars ($1,000,000), each claim/aggregate, and shall provide the City with certification thereof. (b) Commercial General Liability: Each Occurrence $1,000,000 Personal & Advertising Injury $1,000,000 Products/Completed Operations Aggregate $2,000,000 General Aggregate $2,000, (c) Workers' Compensation and Employers' Liability: This insurance shall protect the Contractor against all claims under applicable state Workers' Compensation laws. The Contractor shall also be 18

19 protected against claims for injury, disease or death of employees for which, for any reason, may not fall within the provisions of a Workers' Compensation law. The policy limits shall include "all States" insurance, and the liability limits shall not be less than the following: Workers' Compensation: Employer's Liability: Bodily Injury by Accident Bodily Injury by Disease Bodily Injury by Disease Statutory $100,000 each accident $500,000 policy limit $100,000 each employee (d) Industry Ratings: The City will only accept coverage from an insurance carrier which offers proof that the carrier: 1. Is licensed to do business in the State of Kansas; 2. Carries a Best's Policyholder rating of A- or better; and 3. Carries at least a Class VIII financial rating; or 4. Is a company mutually agreed upon by the City and Contractor. Certification of insurance coverage in Sections (2) and (3) above shall be on a standard Acord Certificate of Insurance Form or form acceptable to City. Certification of professional liability insurance shall be provided on a separate form provided by the Contractor's insurance carrier. SECTION XII - ASSIGNMENT Parties hereto agree that neither shall assign, sublet or transfer their interest in this Agreement without the written consent of the other and further agree that this Agreement binds the parties, their successors, City's assignees and legal representatives. SECTION XIII - PROHIBITION AGAINST CONTINGENT FEES (a) Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the City may terminate this Agreement without liability or may, in its discretion, deduct from the Contract Price or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (b) Contractor warrants that it will not accept any fee, commission, percentage, gift, or other consideration from any third party for the performance of any work under the Agreement. SECTION XIV - APPLICABLE LAW The Agreement is entered into under and pursuant to, and is to be construed and enforceable in accordance with, the laws of the State of Kansas. SECTION XV - PRIOR VERBAL OR WRITTEN STATEMENTS NOT BINDING It is understood and agreed that the written terms and provisions of this Agreement shall supersede all prior verbal and written statements of any and every official and/or other representative of the City and Contractor and such statements shall not be effective or be construed as entering into, or forming a part of, or altering in any way whatsoever, the written contract. 19

20 SECTION XVI - INDEPENDENT CONTRACTOR Contractor is an independent Contractor and as such is not an employee of the City. Contractor is responsible for any and all federal, state and local taxes. SECTION XVII - COMPLIANCE WITH EQUAL OPPORTUNITY LAWS, REGULATIONS AND RULES AND OTHER LAWS (a) The Contractor agrees that: 1. The Contractor shall observe the provisions of the Kansas Act Against Discrimination (K.S.A et seq.) and shall not discriminate against any person in the performance of work under the present contract because of race, religion, color, sex, national origin, ancestry or age; 2. In all solicitations or advertisements for employees, the Contractor shall include the phrase, "equal opportunity employer," or a similar phrase to be approved by the Kansas Human Rights Commission ("Commission"); 3. If the Contractor fails to comply with the manner in which the Contractor reports to the commission in accordance with the provisions of K.S.A and amendments thereto, the Contractor shall be deemed to have breached the present contract and it may be canceled, terminated or suspended, in whole or in part, by the contracting agency; 4. If the Contractor is found guilty of a violation of the Kansas Act Against Discrimination under a decision or order of the commission which has become final, the Contractor shall be deemed to have breached the present contract and it may be canceled, terminated or suspended, in whole or in part, by the contracting agency; and 5. The Contractor shall include the provisions of paragraphs (1) through (4) above in every subcontract or purchase order so that such provisions will be binding upon such subcontractor or vendor. (b) The Contractor further agrees that the Contractor shall abide by the Kansas Age Discrimination In Employment Act (K.S.A et seq.) and the applicable provision of the Americans With Disabilities Act (42 U.S.C et seq.) as well as all other federal, state and local laws, ordinances and regulations applicable to this project and to furnish any certification required by any federal, state or local laws, ordinances and regulations applicable to this project and to furnish any certification required by any federal, state or local governmental agency in connection therewith. SECTION XVIII GENERAL (a) Force Majeure. In the event that either party is unable to perform any of its obligations under this Agreement, or to enjoy any of its benefits because of an event wholly beyond its control, including without limitation, acts of terrorism, curtailment of transportation, strikes by third parties, fire, natural disaster, and an action or decree of a governmental body ( Force Majeure Event ), the party who has been so affected shall immediately give written notice to the other party and use reasonable efforts to resume performance. Upon receipt of such notice, performance of the affected obligations under this Agreement shall be temporarily suspended for the duration of the Force Majeure Event. A delay in delivery due to a Force Event shall automatically extend the delivery date for a period equal to the duration of such Force Majeure Event. 20

21 (b) Audits. Contractor shall maintain, according to generally accepted accounting principles, complete and accurate records of all amounts billed to and payment made by the City hereunder. Contractor shall provide supporting documentation concerning any disputed invoice or payment within thirty (30) days after the City notifies Contractor of dispute. Payments made under this Agreement shall be subject to final adjustment as determined during such review. Supplier shall retain records for three (3) years from the expiration of this Agreement or such time as may be required by any federal, state or local laws, ordinance or regulation, whichever is longer. (c) Non-Exclusivity. This Agreement is nonexclusive and City may, without notice to Contractor, engage or use other supplies to provide products of a similar nature to that which Contractor provides pursuant to this Agreement or any other projects or assignments upon which Contractor provides goods or services. (d) Complete Agreement. This Agreement together with any and all exhibits, incorporated herein by reference, represent the entire understanding between the parties with respect to the subject matter hereof and supersedes all other prior agreements, written or oral, made by or on behalf of the parties, and only the signing of the same by both parties, and only the signing of the same by both parties shall cause this Agreement to be valid. This Agreement may not be modified except by a written instrument duly executed by the parties hereto. (e) Headings. The headings to the various sections and paragraphs of this Agreement are solely for the convenience of the Parties, are not part of the Agreement and shall not be used for the interpretation of validity of the Agreement or any provision hereof. (f) Interpretation of Documents. In the event of a conflict between this Agreement and the terms of any Exhibit, the terms of this Agreement shall prevail. (g) Severability; No Waiver. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. Failure to exercise a right or remedy at lea or granted hereunder shall not be deemed a waiver or such right or remedy. Any waiver or any provision or breach of this Agreement must be in writing and shall not constitute a waiver of any other provision or breach. (h) Compliance with Laws. Contractor warrants that it shall perform its obligations under this Agreement in compliance with all applicable statutes, acts, ordinances, laws, rules, regulations, codes, and standards. (i) Enforceability. If an part of this Agreement shall be adjudged by any court of competent jurisdiction to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby and shall be enforced to the maximum extent permitted by applicable law. (Remainder of the page intentionally left blank.) 21

22 SECTION XIX - EXECUTION OF AGREEMENT The Parties hereto have caused this Agreement to be executed in triplicate this, day of CITY OF OVERLAND PARK, KANSAS By: Carl Gerlach, Mayor ATTEST: Marian Cook, City Clerk APPROVED AS TO FORM: Tammy M. Owens Deputy City Attorney By: Name: Title: 22

23 STATE OF KANSAS ) ) ss. COUNTY OF JOHNSON ) COMPANY ACKNOWLEDGMENT BE IT REMEMBERED, That on this day of, 2013, before me, the undersigned, a Notary Public in and for the County and State aforesaid, came, of, a company, who is personally known to me to be such officer and who is personally known to me to be the same person who executed as such officer the within instrument on behalf of said Company, and such persons duly acknowledged the execution of the same to be the act and deed of said Company. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal the day and year last above written. My Appointment Expires: Notary Public (If the Agreement is not executed by the president of the corporation or general partner of the partnership, please provide documentation which authorizes the signatory to bind the corporation or partnership.) 23

24 Pricing Information 04/01/ /31/2014 No. of Award Recipients Category Gift Level Cost Total Cost Total $ 04/01/ /31/2015 No. of Award Recipients Category Gift Level Cost Total Cost Total $ 04/01/ /31/2016 No. of Award Recipients Category Gift Level Cost Total Cost Total $ Year No. of Certificates of Recognition 04/01/ /31/ /01/ /31/ /01/ /31/ Actual expenditures will vary depending upon the number of recipients. 24