5/20/2020 Mail - Fanton, Richard J - Outlook RE: Additional Information RE: Confidential - HarpData Kuzma, Nathaniel Tue 12/3/2019 12:10 PM To: Fanton, Richard J ; Pritchard, Geoffrey ; Soler, Anibal Thanks, Rik. It is my understanding that this rec has been approved by the Board and we have a contract. We do have a 30 day notice requirement to get out of the Contract. Prior to doing so, I suggest we discuss the matter with Dr. Cash to get him feedback as cancelling the Contract will create some noise. We also have a to CTO starting soon, and they may want to review this to determine if it conforms with the District's IT Plan and the direction she wants to take the Department. Nate Nathaniel J. Kuzma General Counsel Buffalo Public Schools 717 City Hall, 65 Niagara Sq. Buffalo, New York 14202 Ph. 716-816-3671 Fax: 716-851-3030 njkuzma@buffaloschools.org From: Fanton, Richard J Sent: Tuesday, December 03, 2019 7:07 AM To: Kuzma, Nathaniel; Pritchard, Geoffrey; Soler, Anibal Subject: Additional Information RE: Confidential - HarpData All, Nate thanks you for the response; some addi onal background data below. Not sure if everyone is aware of this or not, but HarpData was the winner of the SECOND bid for this. The ini al RFP had only one responsible bidder (which was not HarpData) and IT made the determina on that it should be re-bid. HarpData was deemed non-responsive due to their failure to provide a bid bond or other surety. I also have an e-mail from a poten al respondent that states “I feel compelled to urge the avoidance of the technical implementa on this RFP is reques ng”. In other words he does not feel the RFP as defined would result in a successful implementa on. With that said it appears that he primary difference between RFP#1 and RFP#2 was the removal of the performance bond requirement in RFP#2….John has no idea why this was done, and unfortunately, no one currently working for the District was involved in the decision. HarpData’s second proposal was iden cal to their first; which makes me believe that the technical specs from RFP#1 to RFP#2 were unchanged. So from where I sit: We have 1 poten al bidder who did not bid because they felt the project was technically flawed Our primary risk hedge was removed I have concerns about the fiscal stability of the vendor (please note I didn’t even men on the ex-employee aspect) https://outlook.office.com/mail/search/id/AAQkAGQ0Y2Q3NDIxLTYxMTEtNDQ3Ni1iMmI3LTU4MmQ3MzRmNDRjMgAQADWGWOGnBklNvg%2BZs%… 1/7 5/20/2020 Mail - Fanton, Richard J - Outlook We have a $1.3M dollar project that I have doubts our vendor can deliver…and even if they do we have an indicator that it may not work….and we have no hedge against either the failure of the vendor or the project. I absolutely think we need to step back, have someone from outside evaluate the technical aspects of the plan and re-bid the whole project WITH the performance bond requirement. I would rather delay this and get it right… than move forward and waste $1.3M. My $0.02. Regards Richard Fanton Director of Purchase Buffalo Board of Educa on 716-816-4107 rjfanton@buffaloschools.org From: Kuzma, Nathaniel Sent: Monday, December 02, 2019 9:00 PM To: Pritchard, Geoffrey ; Fanton, Richard J ; Soler, Anibal Subject: RE: Confiden al - HarpData Geoff: It certainly would be an issue if we had evidence that members of the evaluation team were working with HARP during the procurement process because they employed the former CTO. If we have evidence of that, we should scrap it and rebid. Absent evidence, I do not think employing the former CTO in and of itself is a fatal issue. In order for it to be, we would need that made explicit in the solicitation (no employment of former employees of less than a year for example) or we would need to have a commitment from the former employee not to work with any vendors of the District for a period of time. Nate Nathaniel J. Kuzma General Counsel Buffalo Public Schools 717 City Hall, 65 Niagara Sq. Buffalo, New York 14202 Ph. 716-816-3671 Fax: 716-851-3030 njkuzma@buffaloschools.org From: Pritchard, Geoffrey Sent: Monday, December 02, 2019 12:33 PM To: Fanton, Richard J; Soler, Anibal Cc: Kuzma, Nathaniel Subject: RE: Confidential - HarpData https://outlook.office.com/mail/search/id/AAQkAGQ0Y2Q3NDIxLTYxMTEtNDQ3Ni1iMmI3LTU4MmQ3MzRmNDRjMgAQADWGWOGnBklNvg%2BZs%… 2/7 5/20/2020 Mail - Fanton, Richard J - Outlook Rik, you should speak to them and see if you can get some handle on how the invoicing will work and see if you can get a handle on their capacity. Nate, anything we should do with respect to the possibility that HARP is employing our former CTO, who was integral starting the original RFP process, and certainly close with the members of the evaluation team? I don't know that this is an established fact, and maybe he is just helping out to see things through, but it is a concern at least with respect to appearances, if not providing direct assistance in preparing their proposal. thanks. Geoffrey F Pritchard, CPA, Chief Financial Officer Buffalo Public Schools, 708 City Hall, Buffalo, NY 14202 Phone: 716-816-3032 Fax: 716-851-3650 From: Fanton, Richard J Sent: Sunday, December 01, 2019 10:24 AM To: Soler, Anibal; Pritchard, Geoffrey Cc: Kuzma, Nathaniel Subject: Confidential - HarpData Hello Anibal / Geoff, Please see e-mail below; HarpData is requesting "net 15" payment terms...which I am going to reject. I've got some real concerns about their cash flow; I can't quantify this, but they are giving me a gut feeling I'm really not liking. I would consider this the second indication that they are concerned about their ability to float our contract with them; the first indicator being the effective "pre-payment" they requested in the rejected contract draft. And in our infinite wisdom we EXPLICITLY rejected a Performance Bond for this RFP. So we have a vendor with NO history with the district, that I have been told is employing our old CTO, and the RFP they won explicitly removes one of our primary risk management hedges........ As I understand it any time we require a performance bond we actually cover the cost; they secure the bond and bill us for it. Do we still have the opportunity to get one in this instance? In my mind if we are paying for it it should be a nonissue....the cost of the Bond would not have affected the selection of HarpData; their Bid was so much lower than the others it would have made any bonding cost negligible in terms of the evaluation. Thoughts? Rik From: Accountspayable Sent: Wednesday, November 27, 2019 2:23 PM https://outlook.office.com/mail/search/id/AAQkAGQ0Y2Q3NDIxLTYxMTEtNDQ3Ni1iMmI3LTU4MmQ3MzRmNDRjMgAQADWGWOGnBklNvg%2BZs%… 3/7 5/20/2020 Mail - Fanton, Richard J - Outlook To: Fanton, Richard J Cc: Carbone, Juliette M; Galante, Stephen Subject: FW: Vendor Application   FYI got this in the AP email. net 15 is not possible. not sure what the contract says or if you can send our standard language.  Accounts Payable- Buffalo Board of Education (716)816-3683 818 City Hall Buffalo, NY  14202 From: Felisha Smith [Felisha@harpdata.com] Sent: Wednesday, November 27, 2019 1:57 PM To: Accountspayable Subject: FW: Vendor Application Good A ernoon, I’ve no ce that there is no net terms set with BPS in our contract agreement. I would like to establish net terms before I invoice. We normally invoice at net 15. Please advise what needs to be done to establish net terms. Thank you ! FELISHA SMITH Accountant 716-309.3408 felisha@harpdata.com www.harpdata.com 285 Delaware Ave Suite 120 Buffalo, NY 14202 From: Erica Tyler Date: Monday, October 21, 2019 at 3:04 PM To: Felisha Smith Subject: FW: Vendor Applica on From: "Colston, Talisha" Date: Monday, September 9, 2019 at 1:07 PM To: Erica Tyler Subject: Vendor Applica on https://outlook.office.com/mail/search/id/AAQkAGQ0Y2Q3NDIxLTYxMTEtNDQ3Ni1iMmI3LTU4MmQ3MzRmNDRjMgAQADWGWOGnBklNvg%2BZs%… 4/7 5/20/2020 Mail - Fanton, Richard J - Outlook Good a ernoon Erica, Please complete and send back the a ached vendor applica on and W9 form. Thank you Talisha Colston Assistant Management Analyst/ IT Department City Hall Room 807 Buffalo, NY 14202 p. 716-816-3143 f. 716-851-3916 email: tcolston@buffaloschools.org From: Colston, Talisha Sent: Friday, September 06, 2019 3:46 PM To: Stockmeyer, Eric Subject: RE: Re: BPS Community Wireless Contract Hi Eric, Can you please send me the completed RFP Thank you From: Stockmeyer, Eric Sent: Wednesday, September 04, 2019 8:59 AM To: Colston, Talisha Subject: Fwd: Re: BPS Community Wireless Contract Hello Talisha, Please look at the proposed SOW from Harp Data for Connected Communi es and see how it can be incorporated into our standard contract template. I want to see what is missing. Also, can you send over the form to Harp to be added as a vendor in MUNIS. Thanks Eric Stockmeyer Project Administrator for Informa on Technology Buffalo City School District 807 City Hall Buffalo, NY 14202 ---------- Forwarded message ---------From: Erica Tyler Date: Sep 3, 2019 3:48 PM Subject: Re: BPS Community Wireless Contract To: "Stockmeyer, Eric" Cc: Ivory Robinson https://outlook.office.com/mail/search/id/AAQkAGQ0Y2Q3NDIxLTYxMTEtNDQ3Ni1iMmI3LTU4MmQ3MzRmNDRjMgAQADWGWOGnBklNvg%2BZs%… 5/7 5/20/2020 Mail - Fanton, Richard J - Outlook Hi Eric, Hope you have a relaxing and enjoyable holiday as well. The document as requested is a ached. We also need to get ourselves registered and in your system as vendors. Would you be able to send those documents over so that I can get those completed? That way we are moving as quickly as possible on both ends. ☺ Kind regards, Erica M Tyler Chief Opera ng Officer Mobile Text: 716.374.0022 Fax: 716.328.0013 erica@harpdata.com www.harpdata.com From: "Stockmeyer, Eric" Date: Tuesday, September 3, 2019 at 7:15 AM To: Erica Tyler Cc: Ivory Robinson Subject: Re: BPS Community Wireless Contract Good Morning Erica, I hope you had an enjoyable holiday weekend. We had a produc ve conversa on with Ivory and his team on Friday. At that mee ng he said that you have the first dra of the statement of work completed and ready for review. Please forward a copy so I can give ini al feedback. I have found this to be the most produc ve way to move a contract forward in the BPS approval process as quickly as possible. Thanks Eric Stockmeyer Project Administrator for Informa on Technology Buffalo City School District 807 City Hall Buffalo, NY 14202 Sent from my Verizon Motorola Smartphone On Aug 23, 2019 10:14 AM, Erica Tyler wrote: Hi Eric, Hope all is well. I am following up on the BPS Community Wireless Contract. I am not sure of the final actions as a result of the protest; however, I want to make sure we are getting things going so that we can get this project kicked-off. Based on our last discussion, HarpData is waiting for the contract to be sent by BPS to start negotiations. That contract can be sent right to my email address erica.tyler@harpdata.com. I also believe we need to get some vendor information filled out for you. Are you able to provide the forms needed or do you have the contact information for the individual that would handle that, if necessary? Respectfully, Erica M Tyler https://outlook.office.com/mail/search/id/AAQkAGQ0Y2Q3NDIxLTYxMTEtNDQ3Ni1iMmI3LTU4MmQ3MzRmNDRjMgAQADWGWOGnBklNvg%2BZs%… 6/7 5/20/2020 Mail - Fanton, Richard J - Outlook Mobile Text: 716.374.0022 Fax: 716.328.0013 erica@harpdata.com www.harpdata.com From: Erica Tyler Date: Tuesday, July 30, 2019 at 1:55 PM To: "Stockmeyer, Eric" Cc: Ivory Robinson Subject: BPS Community Wireless Contract Hi Eric, Hope all is well. After our call last Tuesday, July 23, 2019, we discussed the following: HarpData Vendor Informa on – When we did a check there was no informa on for us in the system Contract Nego a on – During our discussion, I believe it was men oned that we would need to wait for the steering commi ee mee ng (8/5) before contract nego a ons. I am still in need of the Vendor Documents that need to be completed so we do not disrupt the administrative side of the house. Also, after speaking with Ivory, he indicated that Anibal stated that the steering committee is was an advisory board that we have to report to and shouldn’t disrupt our contract negotiations. Can we touch base to discuss getting these items going. I have the following availability: Wednesday, July 31, 2019 – 9:00-11:00; 2:00-3:30 Thursday, August 1, 2019 - 9:00-10:00; 2:00-3:00 Friday, August 2, 2019 – 10:00-12:00 Respectfully, Erica M Tyler Chief Operating Officer Mobile Text: 716.374.0022 Fax: 716.328.0013 erica@harpdata.com www.harpdata.com Spam Not spam Forget previous vote Spam Not spam Forget previous vote Spam Not spam Forget previous vote https://outlook.office.com/mail/search/id/AAQkAGQ0Y2Q3NDIxLTYxMTEtNDQ3Ni1iMmI3LTU4MmQ3MzRmNDRjMgAQADWGWOGnBklNvg%2BZs%… 7/7