RFP Information Technology Services 7101 01107

REQUEST FOR PROPOSALS
INFORMATION TECHNOLOGY SERVICES

RFP NO. 7101-01107

OFFICE OF INSPECTOR GENERAL
CITY OF NEW ORLEANS

TABLE OF CONTENTS

1. Administrative Information .................................................................................... 1

2. Proposal Information .............................................................................................. 2

3. Evaluation and Selection......................................................................................... 6

4. Attachment I: Scope of Services ............................................................................. 8

5. Attachment II: Task Order Evaluation Form ......................................................... 11

6. Attachment III: Certification Statement ............................................................... 12

7. Attachment IV: Sample Contract Provisions......................................................... 13

8. Attachment V: Fee Proposal ................................................................................. 19

9. Attachment VI: Certification ................................................................................. 20

10. Form A. List of Representative Clients .................................................................. 21

ii

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 Services
RFP No. 7101-01107 Page 1 of 21

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.

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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.

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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 proposer's 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.
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All proposals must be submitted in a sealed envelope, marked OIG Information Technology
Services.

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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, or

RFP No. 7101-01107 Page 6 of 21

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.
RFP No. 7101-01107 Page 7 of 21

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 Directory

RFP No. 7101-01107 Page 8 of 21

• 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 remote
RFP No. 7101-01107 Page 9 of 21

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.

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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 ________________________

RFP No. 7101-01107 Page 11 of 21

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. Proposer's quote is valid for at least 120 days from the date of proposal's 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 Proposer's Authorized Representative DATE

RFP No. 7101-01107 Page 12 of 21

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 Contractor's
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. Contractor's federal tax identification number is _________________.

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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,
RFP No. 7101-01107 Page 14 of 21

through its Office of Inspector General, and provide full disclosure of the possible effects of
such employment on the Contractor's 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 Workmen's
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.

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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 become
RFP No. 7101-01107 Page 16 of 21

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 not

RFP No. 7101-01107 Page 17 of 21

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: _________________

RFP No. 7101-01107 Page 18 of 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.

RFP No. 7101-01107 Page 19 of 21

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 # _________

_________________________
Date

RFP No. 7101-01107 Page 20 of 21

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 provided

RFP No. 7101-01107 Page 21 of 21

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