Pulaski County Purchasing Department

201 South Broadway, Suite 440 Little Rock, AR 72201

Phone 501/340-8390; Fax 501/340-8352

RFP #: RFP-18-002

REQUEST FOR PROPOSAL

For

Public Safety Software System

Issued: February 16, 2018

Mail or Deliver Proposals to: Pulaski County Comptroller

Purchasing Department

201 South Broadway, Suite 440

Little Rock, AR 72201

Due: No later than 10:00 a.m., Thursday, March 15, 2018

All proposals must be received prior to the above date and time.

PUBLIC SAFETY SOFTWARE SYSTEM

You are invited to submit a proposal in accordance with the requirements of this solicitation,

which are contained herein. Review all pages carefully to assure clear understanding.

Proposals are to be submitted to the Purchasing Department no later than 10:00 a.m. local time,

Thursday, March 15, 2018 at which time respondents to this request will be publicly identified.

No other information regarding the proposals will be divulged until a contract is awarded by the

Purchasing Department.

Questions concerning this solicitation should be referred to Darryl D. Goodman Jr, (501) 340-

8311, fax (501) 340-8352 and email: dgoodman@pulaskicounty.net .

Acceptance of Request for Proposal issued by the Buyer, as indicated by submission of a

proposal by responder, will bind responder to the terms and conditions herein set forth, except as

specifically qualified in any addendum issued in connection therewith. Any alleged oral

agreement or arrangement made by a responder with any agency or the Buyer, or an employee of

Pulaski County will be disregarded.

This solicitation does not commit Pulaski County to award a contract, to pay any costs incurred

in the preparation of a proposal, or to procure or contract for the articles or goods or services.

Pulaski County reserves the right to accept or reject any or all proposals received as a result of

this request, or to cancel in part or in its entirety this proposal if it is in the best interest of Pulaski

County to do so.

REQUEST FOR PROPOSAL

FOR

PUBLIC SAFETY SOFTWARE SYSTEM

1.00 Introduction. The Pulaski County Sheriff’s Office (PCSO) hereby requests that

vendors submit proposals for a public safety software system. These proposals

shall provide all of the material requested herein, including detailed cost proposals

for the necessary hardware, software, and services. A vendor’s failure to follow

any of the provided instructions may result in rejection of the vendor’s proposal.

The PCSO is seeking to replace its existing public safety system. The PCSO is

looking for a contemporary, completely integrated solution that is one application,

with one database, provided by one vendor. In addition, the PCSO would like the

public safety software solution vendor to not only provide but to also maintain the

software and servers (including OS and DBMS) under the vendor’s standard

maintenance and service agreement.

1.01 Term. The required services are to commence not later than a date to be agreed

upon by and between Pulaski County and the company selected to maintain

security and, unless terminated sooner, shall continue in force for (3) three years,

with the option for (1) 3 year renewal. No contract will be automatically renewed

at the end of any contract term. Written confirmation shall be required.

1.02 Price Escalation. Quoted prices must remain firm for the first year of the

contract. Each year the contractor may request a price adjustment. The County

will entertain a request for escalation in accordance with the current Consumer Price

Index at the time of the request or up to a maximum 5% increase on the current

pricing, whichever is lower. For the purpose of this section, “Consumer Price

Index” shall mean the Consumer Price Index-All Urban Consumers-United States

Average-All items (CPI-U), as published by the United States Department of Labor,

Bureau of Labor Statistics. In the event of a general price schedule decrease, the

County shall be guaranteed full benefit of the price reduction.

Requests for price adjustment shall be submitted to the Pulaski County Assistant

Comptroller, 201 South Broadway, Suite 440, Little Rock, AR 72201, Fax:

501/340-8352.

1.03 Standard of Performance. The Company shall perform according to the terms

and conditions as stated herein, and according to the highest standards and

commercial practices. Instances of poor performance by the Company will be

documented and submitted to the Company for immediate review and corrective

action. Continued poor performance will be deemed a breach of the

specifications of the RFP, and shall be grounds for immediate termination of the

contract. A review meeting will be called between the Company and Pulaski

County when documented instances of poor performance occur. A plan for

corrective action agreeable to both parties will be drafted and implemented.

Pulaski County retains the absolute right to assess whether and when performance

is subsequently acceptable.

1.04 Termination and Assignment. The contract awarded in response to the RFP (the

"Contract") may be terminated by either party by giving the other not less than 30

days written notice of intent to terminate as of the date specified. The Contract

will not be assignable without prior written consent of both parties. An attempted

assignment without such consent shall be void and of no effect.

1.05 Inquiries. Inquiries related to the RFP should be directed to the attention of

Darryl D. Goodman Jr., (501)340-8311, fax (501)340-8352 or email:

dgoodman@pulaskicounty.net . Any request for clarification must be submitted

in writing (fax is acceptable) to the Purchasing Department no later than 5:00 p.m.

on Tuesday, March 6, 2018. There will be no response to questions received late.

Any clarification given to a prospective bidder will be furnished in writing to all

prospective bidders as an amendment, if such information modifies these

specifications or is deemed to be necessary in responding to this RFP.

1.06 Opening Date. Sealed, written, competitive proposals will be received until 10:00

a.m., Thursday, March 15, 2018 in the Pulaski County Purchasing Department,

Attn.: Darryl D. Goodman Jr., 201 South Broadway, Suite 440, Little Rock, AR

72201. PROPOSAL SHALL BE IN AN ENVELOPE CLEARLY MARKED

WITH THE RFP NUMBER ON THE OUTSIDE OR IT WILL NOT BE

CONSIDERED. All proposals must be signed by an authorized officer of the

Company and must be held firm for acceptance for a minimum period of 90 days

after the opening date.

1.07 Proposal Format. Each Company should submit a base proposal in the specified

manner. Pulaski County prefers that Company's response to this RFP be

submitted in same Item (paragraph) sequence as proposal - using same Item

(paragraph) Numbers for reference. Pulaski County requests that Companies

submit one original and three (3) copies and one (1) electronic copy (via CD or

Flash Drive) of their proposals.

1.08 Proposal Materials Conservation. Proposals shall be submitted on 8-1/2 x 11

inch paper. The proposal should follow the format laid out under Section 1.07.

Binders, brochures, and materials not specified in the RFP are neither requested

nor desired. Please do not submit these with your proposal. If additional

information is required, it will be requested by the County after review of the

proposals.

1.09 Award. Pulaski County reserves the right to overlook any errors or omissions on

the part on the vendor during the RFP process and to reject any and all proposals,

or any portion thereof, and re-advertise if deemed necessary. Award will be made

to the Company whose proposal conforms to the RFP and, in the sole judgment of

Pulaski County, will be most advantageous to Pulaski County.

1.10 Contract. The contents of the RFP will be incorporated into the final Contract

documents. Due to the anticipated complexities of this contract relationship,

Pulaski County reserves the right to negotiate final terms and conditions with the

Company(ies) submitting proposals.

1.11 Cost for Proposal Preparation. Pulaski County will not reimburse Company's

cost incurred in the preparation and submission of proposals. All proposals shall

become the property of Pulaski County upon submission. The County reserves

the right to negotiate rates, terms and conditions from the selected qualified

companies, subsequent to the submission of proposals, in accordance with the

established contractual guidelines of Pulaski County, Arkansas.

1.12 Telegraphic Proposals. Telegraphic or FAX proposals sent directly to Pulaski

County offices will not be considered.

1.13 Acknowledgment of Amendments. Companies must acknowledge receipt of

amendments by letter, or FAX within 48 hours of receipt. Failure to provide such

acknowledgment may be grounds for disqualification.

1.14 Further Information. Companies are cautioned that Pulaski County is not

obligated to ask for or accept after opening date, data that is essential for a

complete and thorough evaluation of the proposal. Pulaski County may award a

contract based on initial submissions without any further discussion of such

proposals. Accordingly, each proposal should be submitted on the most favorable

and complete price and technical terms possible.

1.15 Proprietary Information. After the award of the Contract, all proposals will be

open for public inspection. Financial data, trade secrets, test data, and similar

proprietary information will, to the extent permitted by law, remain confidential

provided such material is clearly so marked by the Company prior to submission

of the RFP; however, net cost information may not be confidential.

1.16 Insurance. All proposals must contain a letter of intent from an insurance

company authorized to do business in the State of Arkansas stating its willingness

to insure the Company pursuant to the terms of any contract resulting from the

RFP. The Company shall procure and maintain, at the Company's expense, the

following insurance coverage for the period of the Contract. Certificates

evidencing the effective dates and amounts of such insurance must be provided to

Pulaski County:

a) Workers Compensation: As required by the State of Arkansas.

b) Comprehensive General Liability (Broad Form) coverage in amounts

specified under the contract for work at the facility prior to the signing of

the contract.

c) Public Liability Insurance

d) Commercial Blanket Bond Coverage (theft/fraud by employees)

e) Minimum shall be in the total amount of the contract.

1.17 Bonds. Company will be required to furnish for the life of the Contract a Performance Bond, in a form satisfactory to the County and issued by a surety

company authorized to do business in the State of Arkansas, in the amount of the

contract. An original and one (1) copy of the bond must be furnished at the time

of Contract execution.

1.18 Indemnification. The Company hereby agrees to assume all risks and

responsibilities inherent in performing the contracted services and does hereby

agree to defend, hold harmless, indemnify, release and forever discharge Pulaski

County Government and any of its guards, agents, employees, volunteers and

servants from and against any and all claims, demands, and actions, causes of

action, losses liabilities, or expenditures of any kind, including court cost and

expenses, accruing or resulting from any suits or damages of any character

resulting from injuries, damages, or death sustained by any person or persons, or

property, by virtue of the performance of this agreement either directly or

indirectly.

1.19 Software Licenses. Please provide information on how the license is calculated,

will it be on an enterprise, per user, transaction or some other basis

1.20 Damage to the Premises. The Company will assume full responsibility for any

damage to Pulaski County's equipment or premises caused by the negligent or

intentional acts or omissions for the Company's employees, agents, or guards,

ordinary wear and tear expected.

1.21 Office Contract Administrator. The contract administrator and liaison person

for all matters concerning this contract for Pulaski County will be Mike Lowery,

Chief Deputy, 2900 South Woodrow, Little Rock, AR 72204, phone number

(501) 340-6902. Email address is mlowery@pcso.org

1.22 Official Company’s Representative Proposals must include the Bid Response

Form (Attachment A) to be considered. The name, mailing address, telephone

number, and email address of the bidder's authorized agent with authority to bind

the firm with respect to questions concerning the bidder's proposal must be clearly

stated in the proposal.

1.23 Code Compliance. Company will abide by all State and Federal laws and all

sanitation, safety and fire codes, regulations and other ordinances pertaining to the

Company's operations while on Pulaski County Government property.

1.24 References. In the proposal, each Company must provide a list of at least five (5)

government and or commercial clients for which the Company provides a similar

size and scope of services requested by the PCSO. The list shall include the

company name, address, and contact person with telephone and fax numbers and

a brief description of the contractual relationship to include the scope, tasks

involved, deliverable products and etc. Additionally, the vendor must provide a

separate list with a minimum of 5 references that have undergone data conversion

using the vendor’s process.

1.25 Sub-Contractor References. If the vendor is proposing to use subcontractors, a

minimum of two (2) references need to be provided for each subcontractor. All

subcontractors will be subject to the approval of the PCSO. The selected vendor

shall itself be solely responsible for the performance of all work set forth in any

contract resulting from the RFP, and for compliance with the price and other

terms provided in the contract.

1.26 Examination of Records. The Company agrees that the County or any of its duly

authorized representatives shall at any time during the term of this Contract have

access to, and the right to audit and examine, any pertinent records of the

Company related to this Contract. Such records shall be kept by the Company for

a period of not less than five (5) years from the date the records are made, unless

the County authorizes their earlier disposition. Company agrees to refund to the

County any underpayments or overcharges disclosed by any such audit, or to take

other corrective action as may be required.

1.27 Taxes Company will be responsible for collection and payment of all required

taxes (local, state, federal) relating to its operation. Pulaski County is prohibited

by ordinance from awarding contracts to companies that are delinquent in paying

Pulaski County property taxes. If your business address is within Pulaski County,

you must submit with your proposal proof of payment of real and personal

property taxes due in 2016, or your proposal may be disqualified.

2.00 Scope of Services. It is the intention of these specifications that the selected

vendor will furnish to the PCSO a mature Public Safety Software System that will

enable the effective and efficient operation of the PCSO. At a minimum, the

system shall support the following:

Optional: List of items the system should support. This is usually an overview of

the functionality detailed on the requirements spreadsheet.

Please note the following:

The PCSO is open to new technology and would like to obtain as much

information as possible about the software requirements and recommendations

for the new system from the respective vendors.

The PCSO is interested in an off-the-shelf system.

The system must be scalable and must be able to integrate with the existing and

future options the PCSO may implement.

The system shall allow the PCSO to efficiently organize, track and access the

vast amount of information that flows through the system daily, must be easy to

use, and must be searchable.

The selected vendor needs to provide all services including, but not limited to,

installation, implementation, data conversion, training, monitoring, technical

support, and ongoing maintenance for the PCSO to enter into and maintain full

use of the system.

Acquisition and implementation of a new Public Safety Software System is a

project that will impact the PCSO for years to come. Key goals for the project

are to:

o Replace the legacy system currently being used with an off-the-shelf solution

that meets or exceeds the needs of the PCSO.

o Deliver a fully-integrated Public Safety Software System on time and within

budget

o Achieve sufficient knowledge transfer through training to allow staff to be

capable of and confident in using the new system

o Provide a technologically sound platform for expansion of information

services into the future

o Establish a long-term maintenance and support contract

Additional Project Objectives:

o Provide real-time access to public safety data;

o Automate data input processes;

o Reduce paper-based documentation and tracking;

o Leverage new technologies to anticipate the future needs of the PCSO;

o Successfully implement the system with minimal disruption to users and

operations.

2.01 Profile. The PCSO provides law enforcement services to Pulaski County in

Arkansas. The county includes a population of approximately 393,000. The PCSO

consists of 128 sworn officers and 100 non-sworn personnel, who are anticipated

to use the new system as follows:

Dispatch Seats 5

Workstations - Civil 16

Workstations – Records 7

Workstations – Jail 140

Mobile Units 40

The PCSO needs a contemporary, easy-to-use public safety system to reduce

redundant data entry, simplify the report review and approval process, provide

straightforward access to information, and otherwise streamline the PCSO’s

processes.

2.02 Current System. The PCSO is using a system that has been in place for over 12

years. When we first purchased the system, it was best technology at its time and

was great for its uses. Currently, we need services that encompass the entirety of

the Sheriff’s Office including CAD, Records Management, Warrants, Detention

Facility, Property, Policies, and a Case Management System for Investigations.

2.03 Project Management. The vendor must provide a dedicated project manager as

part of the project. This person will be responsible for interacting directly with his

or her counterpart here at the PCSO for the duration of the project.

2.04 System Configuration and Setup. The vendor must provide detailed system

configuration and setup services to the PCSO as part of this project. These

services are necessary to ensure that the new system is configured to match the

processes and workflow of the PCSO to reduce the learning curve and improve

the rate of adoption by the users.

2.05 Software Overview. This must include a brief overview of the software solution,

including how all of the products and modules work together.

2.06 Implementation. This must include both an overview of the general

implementation process as well as timeline which shows the major milestones of

the project from contract signing all the way through system acceptance. This

section should also include:

Training. The vendor must provide custom training on the new system to all

users. This training may be a mix of train-the-trainer and end-user training, as

agreed upon by the vendor and the PCSO. The PCSO will provide the training

facilities, workstations, network, etc. which are required for the training. The

vendor will provide training which is specific to both the products on which the

users are trained and the processes and workflows with which the users are

already familiar. Training shall be performed using a copy of the PCSO’s data

which has been converted from the existing system.

Data Migration. Vendors will be responsible for working with the PCSO to

migrate all current and archive data in Pulaski County's databases at the time of

implementation of any new application databases. Pulaski County will be

responsible for providing access to current database information to new vendor

for migration/setup purposes. The vendor must include data conversion/migration,

which should be performed in-house and not contracted or outsourced to another

vendor. The vendor will work with the PCSO to determine the precise process

(including data verification and testing) which will be used to perform the data

conversion. All data must be converted before go-live and must be available to the

users on the new system at that time.

2.07 Economic Consideration. Please submit under separate sealed envelope

marked with the RFP number and name of your company, information on

the following: a) Cost of software license

b) Costs for modifications/customizations of software

c) Additional costs for interfaces with third party applications

d) Projected maintenance fee schedule for the next five years

e) Cost of additional training after initial start-up

f) Costs for data conversion of current County data to format required by the

proposed system.

g) Specify all costs by purchase or lease pricing

h) Please specify the payment schedule your company requests.

PRICING SUBMITTED IN RFP RESPONSE WILL BE SUBJECT TO

DISQUALIFICATION, SUBMIT UNDER SEPARATE SEALED

ENVELOPE.

2.08 Attorney General Opinion No. 2012-107. As codified, Act 569 of 2009 provides as follows: County governments in

Arkansas are the repository for vast numbers of public records necessary for the

regulation of commerce and vital to the health, safety, and welfare of the citizens

of the state. These records are routinely kept in electronic format by the county

officials who are the custodians of the records. It is the intent of this section to:

Ensure that all public records kept by county officials are under the complete care,

custody, and control of the county officials responsible for the records; and

Prevent a computer or software provider doing business with a county from

obtaining complete care and control of county records and from becoming the de

facto custodian of the records.

As used in this section:

1) "Administrative rights" means permissions and powers, including without

limitation the permissions and powers to access, alter, copy, download, read,

record, upload, write, or otherwise manipulate and maintain records kept by a

county official;

2) "Electronic record" means a record created, generated, sent, communicated,

received, or stored by electronic means; and

3) "Public records" means writings, recorded sounds, films, tapes, electronic or

computer-based information, or data compilations in any medium required by

law to be kept or otherwise kept and that constitute a record of the

performance or lack of performance of official functions that are or should be

carried out by a public official or employee, a governmental agency, or other

agency wholly or partially supported by public funds or expending public

funds. All records maintained in county offices or by county employees within

the scope of employment are public records.

4) “Public records" does not mean software acquired by purchase, lease, or

license.

A county official required by law to maintain public records and who in the

normal performance of official duties chooses to keep and maintain the records in

an electronic record retains administrative rights and complete access to all the

records.

2.09 Network and Client Hardware Specifications. This must include minimum and

recommended specifications for network architecture and client workstations.

Required network specifications should include Desktop Latency, Desktop

Bandwidth, Mobile Latency, Mobile Bandwidth, and WAN Upload and

Download Bandwidth

Required workstation specifications should include Processor, Memory, Disk

Space, Display, and Operating system.

2.10 Requirements Common to all Application software Groups a) All source codes required to reload and regenerate the software application

may be required to be provided to Pulaski County or be held by a third

party

b) At the end of the application software contract, the vendor must provide

Pulaski County with all County data used by applications in a current SQL

database compatible format. Full documentation for data must also be

provided in a digital format.

c) All software provided to Pulaski County must adhere to all Pulaski

County, State of Arkansas, and Federal Laws, regulations and guidelines

as published. To ensure compliance, the company shall provide annual

software upgrades and appropriate documentation for installation into

existing systems.

d) In all cases where monetary transactions are processed and recorded by

the application software the application software must adhere to and

reinforce generally accepted accounting practices.

2.11 Staff and Capacity to Perform Work. The Company shall submit information

showing:

Qualifications of staff that will be assigned to the County account

Number of Staff Personnel

Staff Expertise

Staff Time & Availability

2.12 Miscellaneous Information. This must include the following information:

a) Source Code Escrow Policy

Include a detailed summary of the company’s Source Code Escrow policy.

b) Company Financials

Provide an overview of the company’s financial history and position in the

software market, including figures such as recent annual revenue and growth

rate.

c) Issues and Assumptions

Describe any issues or assumptions that could impact the successful outcome

of the project.

d) Forms

Provide completed forms requested herein such as, but not limited to, the

affidavit provided as an attachment.

3.00 TITLE VI CIVIL RIGHTS ACT COMPLIANCE AND ASSURANCES:

The successful bidder, and all sub-recipients, sub-grantees, sub-contractors,

successors, transferees, and/or assignees shall:

a. Comply with Title VI of the Civil Rights Act of 1964 as amended (42 U.S.C.

§ 2000d et seq., 78 stat. 252), prohibiting discrimination on the basis of race,

color, national origin, age, sex, and disability through its applicable federal

statutory or regulatory authorities, or other pertinent directives, circulars,

policy, memoranda, and/or guidance and will give assurance that it will

promptly take measures necessary to ensure such;

b. Abide by all applicable Federal provisions, and Pulaski County requests,

regarding access to records, accounts, documents, information, facilities, and

staff;

c. Comply with all program and/or compliance reviews, and/or complaint

investigations conducted by Pulaski County or any Federal department or

agency;

d. Maintain and preserve all project records for a minimum of three (3) years or

as further required by Pulaski County and Federal record retention

requirements;

e. Assure that all records or materials are timely, completely, and accurately

provided to Pulaski County upon request, and

f. Comply with data collection and evaluation requirements, as required by

Pulaski County, related laws, or program guidance.

DISADVANTAGE BUSINESS ENTERPRISES

Pulaski County, in accordance with the provisions of Title VI of the Civil Rights

Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations,

hereby notifies all bidders that it will affirmatively ensure that in any contract

entered into, pursuant to this advertisement, disadvantaged business enterprises

will be afforded full and fair opportunity to submit bids in response to this

invitation and will not be discriminated against on the grounds of race, color, or

national origin in consideration for an award.

4.00 County Preference. When the bid represents items manufactured or grown, or

offered for sale by business establishments having their principal place of

business in the County, with the quality being equal to articles offered by

competitors outside the county, then the bidder shall be allowed a differential of

not to exceed three percent (3%) of the purchase price in determining the low bid.

However, in each instance in which this bid preference is requested, the bidder

must inform the County of the request before the date and time fixed for opening

the bids and furnishes satisfactory proof thereafter. Absent contracts regarding

federal money, where there are equal or tie bids, preference shall be given to

residents or firms located and doing business in the County. (See Attachment C)

to request County Preference.

5.00 Contractor/Vendor Disclosure. All Contractors/Vendors prior to entering into a

contract with Pulaski County shall be required to fill out the Pulaski County’s

Contractor/Vendor Disclosure Form (See Attachment D)

6.00 Financial Consideration. Submit cost of the proposal in a separate sealed

envelope clearly marked with the RFP number, and the name of your Company.

7.00 Proposal Evaluation The County will review all accepted proposals with

particular emphasis on the following:

Flexibility and ease of use

Functionality, as determined by the Project Team’s evaluation of how well the

vendor’s product meets the requirements of this RFP

Technological currency and compatibility

Observed performance

Cost and pricing structure for product

Vendor capability, financial stability and demonstrated ability to meet

commitments proposed in response to this RFP

Implementation strategy, methodology and plan

Training

Experience and credibility of proposed implementation team

Customer references for product and implementation services

The weights to be assigned for each evaluation criterion will be announced at the

opening of the proposals. Proposal evaluations are the sole responsibility of the

County and as such the County is the final authority on the evaluation process.

8.00 Contracting Limitations. Pulaski County's contracting limitations are

incorporated into, and made a part of the RFP. (See page titled "Contract

Information".)

9.00 RFP Response Checklist. Companies are cautioned to exercise care in the

preparation and submission of their proposals. The following items are

particularly highlighted for response:

Sealed competitive proposals are due at the Purchasing Department no later

than 10:00 a.m. local time on the day specified for receipt of proposals. SIGN

AND DATE PROPOSAL (CLEARLY IDENTIFY PROPOSAL AND

OPENING TIME/DATE ON EXTERIOR OF SEALED PROPOSAL

ENVELOPE) per paragraph 1.06.

Any amendments to the RFP issued by Pulaski County must be acknowledged

within 48 hours of receipt per paragraph 1.13.

Clearly mark any proprietary material (may not include net cost information)

per paragraph 1.15.

Identify official representative(s) per paragraph 1.22.

Provide references per paragraph 1.24.

Clearly identify Base Proposal and any voluntary alternates or options per

paragraph 2.07.

Complete Vendor Disclosure per paragraph 5.00.

Provide Executive Summary that includes a minimum of the following

information:

a) Company Overview: Current context, history, year the company was

established, type of ownership of the company and parent company (if

applicable), philosophy/approach to doing business, sectors in which the

vendor does business, financial status and company health, and the current

number of agencies under maintenance and support.

b) Company Executives: Provide a detailed list of company executives,

including education, experience, and current responsibilities within the

company.

c) Benefits: Describe how working with the vendor would be to the PCSO’s

particular benefit.

d) Support and Maintenance: This must include a complete description of the

maintenance and support services which are offered by the vendor as part

of this proposal.

CONTRACT INFORMATION

A. Pulaski County may not contract with another party:

1. For a period of time which continues past the end of a fiscal year unless the

contract allows cancellation by the County upon 30 days written notice whenever

there are no funded appropriations for the contract. (Pulaski County's standard

non-appropriation clause is attached.)

2. To pay any penalties or charges for late payment or any penalties or charges

which in fact are penalties for any reason.

3. To indemnify, defend, or hold harmless any party for any liability and damages.

4. Upon default, to pay all sums to become due under a contract.

5. To pay damages, legal expenses or other costs and expenses of any party.

6. To continue a contract once the equipment has been repossessed or the service

discontinued.

7. To conduct litigation in a place other than Pulaski County, Arkansas

8. To agree to any provision of a contract which violates the laws or constitution of

the State of Arkansas.

9. To engage in arbitration or other alternate dispute resolution.

10. To enter into a lease/purchase agreement which allows for less than the fair

market value at the end of the lease.

B. A party wishing to contract with Pulaski County should:

1. Remove any language from its contract which grants it any remedies other than:

The right to possession

The right to accrued payments

The right to expenses of de-installation

The right to expenses of repair to return the equipment to normal working

order, normal wear and tear excluded.

The right to recover only amounts due at the time of repossession and any

unamortized nonrecurring cost as allowed by Arkansas Law.

2. Include in its contract that the laws of the State of Arkansas govern the contract

and the Contractor agrees to abide by all applicable State Laws and County

Ordinances.

3. Acknowledge in its contract that contracts become effective when awarded by the

County.

Include the County's non-appropriation clause.

TERMS AND STANDARD CONDITIONS

PLEASE READ CAREFULLY 1. When submitting an "Invitation to Bid", the bidder warrants that the commodities covered by the bid

shall be free from defects in material and workmanship under normal use and service. In addition,

bidder must deliver new commodities of the latest design and model, unless otherwise specified in the

"Invitation to Bid".

2. Sales or use tax is not to be shown in bid price but is to be added by the vendor to the invoice billing to

the County. The County is not exempt from Arkansas Sales and Use Tax. Vendors are to register and

pay tax directly to the Arkansas State Revenue Department.

3. Discounts offered will be taken when the County qualifies for such. The beginning date for computing

discounts will be the date of the invoice or the date of delivery and acceptance, whichever is later.

4. When bidding other than the brand and/or model specified in the "Invitation to Bid", the brand and/or

model must be listed and descriptive literature attached to bid document.

5. Identical Bids: In the event of two or more identical low bids, Arkansas Code Annotated Section 14-22-

111 shall apply.

6. Specifications furnished with this "Invitation to Bid" are intended to establish a desired quality or

performance level, or other minimum dimensions and capacities, which will provide the best product

available at the lowest possible price. Other than designated brands and/or models approved as equal to

designated products shall receive equal consideration.

7. Samples of items when required, must be furnished free and, if not called for within 30 days from the

date of the bid opening, will become the property of Pulaski County.

8. Prices quoted shall be "Free on Board" (F.O.B.) to destination at designated facility within Pulaski

County. Charges may not be added after the bid is opened.

9. Liquidated damages shall be assessed beginning on the first day following the maximum delivery or

completion time entered on the bid form and/or provided for by the plans and specifications.

10. The Purchasing Department reserves the right to award items, all or none, or by line item(s).

11. Quality, time and probability of performance may be factors in making an award.

12. Guarantees and warranties should be submitted with the bid, as they may be a consideration in making

an award.

13. Any ambiguity in any bid as the result of omission, error, lack of clarity or noncompliance by the bidder

with specification, instructions and all conditions of bidding shall be construed in the light most

favorable to the County.

14. The bid number must be stated on the face of the sealed envelope. If it is not, the envelope will be

opened to be identified and the bid enclosed therein will not be considered or counted in the tabulation.

15. All terms and conditions stated herein shall constitute a complete and integrated document and the

covenants contained herein shall not be altered or modified by parol evidence unless such modifying

term, conditions or covenants are in writing and are signed by the vendor and the agent of Pulaski

County.

16. CONSTRUCTION:

A. When noted, the Contractor is to supply Pulaski County with evidence of having and maintaining

proper and complete insurance, specifically Worker's Compensation in accordance with the laws of

the State of Arkansas, public liability and property damage. All premiums and costs shall be paid

by the Contractor. In no way will the County be responsible in case of accident.

B. When noted, a certified check or bid bond in the amount of 5% of the total bid shall accompany bid

if bid exceeds $35,000.00 [pursuant to Arkansas Code Annotated Section 22-9-203].

C. When noted, a performance bond equaling the total amount of any bid must be provided for any

contract for the repair, alteration or erection of any public building, public structure or public

improvement.

17. Liquidated damages shall be assessed beginning on the first day following the maximum delivery of

completion time entered on the bid form and/or provided for by the plans and specifications.

18. Whenever a bid is sought seeking a source of supply for a specified period of time for materials and/or

services, the quantities of usage shown are estimated ONLY. No guarantee or warranty is given or

implied by the participants as to the total amount that may or may not be purchased from any resulting

contracts. These quantities are for the bidders' information ONLY and will be used for tabulation and

presentation of the bid and the participant reserves the right to increase or decrease quantities as

required. Bidder agrees to this condition upon the signing of this document.

19. Pulaski County reserves the right to reject any and all bids, to accept in whole or in part, to waive any

informalities or technicalities in bids received, to accept bids on materials or equipment with variations

from specifications in those cases where efficiency of operation will not be impaired and unless

otherwise specified by the bidder, to accept any item in the bid. If unit prices and extensions thereof do

not coincide, Pulaski County may accept the bid for the lesser amount whether reflected by the

extension or by the correct multiple of the unit price.

20. Companies must acknowledge receipt of amendments by letter, telegram, or fax within 48 hours of

receipt. Failure to provide such acknowledgment may be grounds for disqualification.

NON-APPROPRIATION CLAUSE

Notwithstanding anything contained in this Agreement to the contrary, if the Pulaski County

Quorum Court fails to appropriate funds for subsequent period within the term of this

Agreement, the County shall not be obligated to make payments beyond the then current fiscal

appropriations period provided that Company shall have received a written notification of the

occurrence of the following events:

a) Funds are not appropriated for a subsequent period darning the Term of this

Agreement for the acquisition of services and functions which, in whole or in

part, are essentially the same services and functions for the performance of which

the services and functions were purchased;

b) County has exhausted all funds legally available for all payments due under this

Agreement; and

c) Such non-appropriation did not result from any act or failure to act of County.

Then, Company's only remedy shall be to terminate this Agreement at the end of the period

which notice is given and take possession of any equipment owned by the Company. Company

shall be entitled, however, to any payments and other payments due and owing during any

previous period.

“ATTACHMENT A”

RFP BID RESPONSE FORM

TO BE SUBMITTED WITH PROPOSAL

DEADLINE: MARCH 15, 2018 @ 10:00 A.M.

Company Name: ___________________________________

Official Representative Name: ___________________________________

Title of Official Representative: ___________________________________

Address: ___________________________________

Phone number: ___________________________________

Email Address: ___________________________________

Signature: ___________________________________

ATTACHMENT B

Debarment and Judgement Affidavit

By signing this document, I certify to the best of my knowledge and belief that the

aforementioned organization, its principles, and any subcontractors named in this proposal:

a) Are not presently debarred, suspended, proposed for debarment, and declared ineligible or voluntarily

excluded from bidding or working on contracts issued by any government agency.

b) Have not within the five (5) year period preceding the submission of this proposal;

I. Been convicted of or had judgement render against them for fraud or a criminal offense in

connection with obtaining, attempting to obtain, or performing a Federal, State or Local

Government transaction or contract.

II. Been convicted of or had a civil judgement rendered against them for violating Federal or State

antitrust statutes or committing embezzlement, theft, forgery, bribery, falsification or destruction

of records, making false statements, or receiving stolen property.

c) Are not presently indicted for or otherwise criminal or civilly charged by a governmental entity (Federal,

State or Local) with commission of any of the offenses enumerated in paragraph (b), subparagraphs (I) and

(II) of this certification.

d) Have not within the five (5) period preceding the submission of this proposal had one or more Federal,

State or Local government transaction terminated for cause or default.

PRINT NAME TITLE

AUTHORIZED SIGNATURE DATE

ATTACHMENT C

COUNTY PREFERENCE

I hereby certify that pursuant to Arkansas Code 14-22-111 (c) the Bidder/Offeror

is eligible to receive county

preference and the principal place of business is located in Pulaski County.

BUSINESS NAME

PULASKI COUNTY BUSINESS ADDRESS

OFFICIAL TITLE OF AUTHORIZED PERSON

NAME OF AUTHORIZED PERSON

SIGNATURE OF AUTHORIZED PERSON

ATTACHMENT D

CONTRACTOR / VENDOR DISCLOUSRE

Contractor/Vendor Disclosure Form

(Use when no Federal or State Disclosure Form is required)

Company Name:

Registered with the Secretary of State’s Office to Conduct Business in Arkansas

Yes No

Identify each employee of Pulaski County to whom you, any of your

Employees owning more that 5% interest in your Company, or are a Director/Executive/Decision

Maker of your Company are immediately related.

Immediate Relation includes:

Spouse / Domestic Partner

Parents-Natural or Legal / Step / In Laws

Children/Step, Siblings-Whole / Half / Step / In Laws

Grandchildren / Step, Great Grandchildren.

__________________________________________________________

__________________________________________________________

__________________________________________________________

__________________________________________________________

Failure to disclose shall be considered a material breach and grounds for immediate termination

of this contract/agreement. Note: Any change in circumstances resulting in a conflict or

appearance of a conflict shall be reported in 30 days of change of circumstance.

Initials

_________________________

Signed Date