Spec131418.pdf

Mobile Device Software Solution for Parking Violation Citation lssuance and Other Violation Ticketing (lncluding Hardware andRelated Consumable Purchase Options)

Specification No. 13141 8

REQUEST FOR PROPOSAL ("RFp") FOR

MOBILE DEVICE SOFTWARE SOLUTION FOR PARKING VIOLATION CITATIONlssuANcE AND OTHER VIOLATION TTCKETING (TNCLUD|NG HARDWARE AND

RELATED CONSUMABLE PURCHASE OPT|ONS)

Specification No. 131418

Required for use by:

CITY OF CHICAGO(Department of Finance)

This RFP distributed by:

CITY OF CHICAGO(Department of Procurement Services)

All proposals and other communications must be addressed and returned to

Jamie L. Rhee, Chief Procurement OfficerAttention: Joseph Chan Senior Procurement Specialist

joseph.chan@cityofchicago. org312 -744-7659

Department of Procurement ServicesBid & Bond Room - Room 103, City Hall

121 North LaSalle StreetChicago, lllinois 60602

A Pre-Proposal Conference will be held on August 31,2016 at 1:30 p.m. Central Time, City Hall,11th Floor, Room# 1103, 121 North LaSalle Street, Chicago, lllinois 60602.

Attendance is Non-Mandatory, but encouraged.

PROPOSALS MUST BE RECEIVED NO LATER THAN 4:00 P.M., CENTRAL TIME, ONocToBER 6, 2016

RAHM EMANUELMAYOR

JAMIE L.RHEECHIEF PROCUREMENT OFFICER

DEPARTMENT OF PROCUREMENT SERVICES

CITY OF CHICAGO

Dear Vendor:

Under the leadership of Mayor Rahm Emanuel, the City continues to identify ways contractors can begood corporate citizens, enhance the City's business community, and improve small businesses'chances of being successful City contractors. The City has several bid incentives and programsdesigned to benefit local businesses, small businesses and utilization thereof, and reward corporateresponsibility and community awareness, including bid incentives for apprentice utilization, city-basedbusinesses, city-based manufacturers, project-area subcontractors, veteran/small business jointventures, and the use of alternatively powered vehicles, as well as the diversity credit program. lnformationabout all of the City's programs and incentives can be found at http//www,

.html.

One program that you may not be aware of is the City's Mentor-Protégé Program ("Program"). Under thisProgram, a prime contractor mentor is eligible to receive an additional 0.333 percent participation creditfor every one percent of the value of the contract performed by a subcontractor MBE/WBEprotégé, up to a maximum of five additional percentage points of utilization credit. The mentor andprotégé must enter into a formal, written agreement that must be approved by the Chief ProcurementOfficer and that describes how the mentor-protégé relationship will develop the capacity of theMBEM/BE protégé firm to become self-sufficient, competitive, and profitable.

The Mentor-Protégé Program thus embodies two of the City's most important goals: fostering economicdevelopment through the growth of small businesses, and connecting our communities to oneanother through lasting relationships that may not othenruise have formed. We encourage you to makeconnections at pre-bids and other networking events, contact the assist agencies' for vendorsspecializing in the area of work you are looking to subcontract, and search our MBE/WBE directoryonline, with the hope that you will take advantage of this Program. For more information and asample mentor-protégé agreement, see

Please also review the following additional reminders about bidding, contracting, and compliance.

carefullv. We understand that government solicitations for bids, proposals and qualifications contain alot of information and may have mandatory forms to complete. However, errors and omissions in your bids,proposals and qualifications cost both you and the City time and money, since non-responsive bids mustbe rejected. Rejected bids may result in yourfirm notgetting thecontractand increasethecostof workto the City.

t For a list of assist agencies, visit


Specification No. 1314'18

lf vou have a question, ask us. The telephone number and e-mail address of the individual from DPSwho is responsible for each solicitation is stated on the cover page of that solicitation. Call or write us -we are here to assist you. However, please keep in mind that in regards to bid solicitations, we mustcommunicate answers to anything but the most general questions to all firms in the vendor pool. This isusually done via an addendum.

disadvantaqed owned businesses. ln each bid solicitation, you rece¡ve a list of the City'sregistered ass¡st agencies. As you plan for meeting your MBEÁffBE goals, remember to contact theassist agencies. They have members holding certification in a variety of disciplines. Please utilize themwhenever you have contracting needs. ln fact, contacting these agencies u¡el/ in advance of the bidopening dafe is a requirement for demonstrating good faith efforts to obtain MBE /VBE participation if yourequest a reduction or waiver of goals.

A contractor may not makeany substitution for a previously approved subcontractor unless the substitution is acceptable to theChief Procurement Ofücer. All requests to substitute subcontractors must be submitted on the appropriateform.

portion of the work from the Citv. Failure to pay your subcontractors within the seven-day time periodmay subject you to fines or other penalties.

Vendors are reouired to reoorl oavments to all subcontractors and suooliers in C2. The City'sCertification and Compliance Management system, C2, allows prime contractors to report MA/V/DBEutilization quickly and efflciently through a web-based format while simultaneously allowingsubcontractors the ability to confirm payment activity.

EDSs must be kept uo to date. Vendors are required to fill out an Economic Disclosure Statement('EDS') prior to award of a contract. Until final completion of the project, you must provide, withoutneed for request by the City, an updated EDS ¡f there is any change in ownership or change in anyother circumstance that would render the EDS then cunently on file inaccurate or obsolete. Failure toprovide an updated EDS when required is an event of default.

and submit activitv reports everv quarter. For more information regarding this requirement,please contact the City of Chicago Board of Ethics. lnformation about the Board may be found atvr¡unru. citvofchicaqo. oro/ethics.

Check the Debarred Vendor List. Prior to submitting a bid, or for existing contracts, a request forapproval of subcontractors, you must check the list of debarred vendors to make sure that you are notproposing the use of a flrm that is ineligible to do business with the City. The list of vendorsineligible to do business with the City may be found at:

www. citvofchicaoo. oro ic rs/debarred firms list. html

Complv with prevailing waqe and minimum waqe requirements. Pursuant to the lllinois PrevailingWage Act, (or Davis Bacon Act for federally funded contracts), contractors and subcontractors must paylaborers, workers and mechanics performing services on public works prolects no less than the cunent"prevailing rate of wages" (hourly cash wages plus amount for fringe benefits) in the county where thework is performed and, no later than the tenth day of

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Mobile Device Software Solution for Parking Violation Citation lssuance and Other Violation Ticketing (lncluding Hardware and RelatedConsumable Purchase Options)


each calendar month, file a certified payroll for the immediately preceding month with the public body incharge of the project. Additionally, pursuant to Mayoral Executive Order 2014-1, the minimum wage($13.1Sittour as of July 1 , 2016) must be paid to all employees regularly performing work on City propertyor at a City jobsite, and all employees whose regular work entails performing a service for the City under aCity contract. For more information about the prevailing wage, see

For a copy of Mayoral Executive Order 2014-1regarding minimum wage, see

derNo20 l4-l.pdf.

Comolv with the United States Deoart of Labor Occuoational Safetv & HealthAdministration ("OSHAì laws and reoulations. Under the Occupational Safety and Health Act, employersare responsible for providing a safe and healthful workplace. OSHA's mission is to assure safe andhealthful workplaces by setting and enforcing standards, and by providing training, outreach, educationand assistance. Employers must comply with all applicable OSHA standards. Employers must also complywith the General Duty Clause of the OSH Act, which requires employers to keep their workplace free ofserious recognized hazards. For more information, visit www.osha.qov/law-req

Complv with the Multi-Proiect Labor Agreement ("PLA"). The City is a signatory to the PLA, whichappl¡es to all contractors and subcontractors of any tier performing construction work, includingconstruction, demolition, rehabilitation, maintenance, andior renovation of real property located inChicago. See the relevant sections of the bid specification for more information.

I also want to remind you that on December 2, 2014, the City Council of the City of Chicago passed anew chapter of the Municipal Code, 1-24, specitying a minimum wage of $10.50 per hour to be paid to allwokers within the City of Chicago - not just employees of City contractorc - effective July 1 , 2016. Forwork performed on City contracts, a Contractor must pay the highest of (1) prevailing wage/Davis-Baconrate, if applicable; (2) minimum wage specified by Mayoral Executive Order 2014-1; (3) "Living Wage" ratespecified by MCC Sect. 2-92-610; Ø) Chicago Minimum Wage rate specified by MCC Chapter 1-24, or(5) the highest applicable State or Federal minimum wage.

Please take a moment to flll out the optional survey that follows this letter to help us gain a betterunderstanding of your firm.

Thank you for your attention to these important matters, and we look fonruard to partnering with you on futureCity contracts.

Sincerely,

L.Procurement Officer

IV

Mobile Device software solution for Parkins Violaton Citation lssuance and other ","5:',.rî"1'ff[,Jff:iï"Hj:ifion.i

Specification No 1 31418

PLEASE NOTE: Do not return this survey w¡th your bid, as it is optionaland does not affect the evaluation of your b¡d. lf you choose to completethe survey, please fax ¡t to 312-744-0010 or ema¡l ¡t tod ps. feed back@cityofch icaqo. orq.

Vendor Name ('\/endor")

Date:

(1) Does Vendor have a formal tracking and reporting system of energy/utilityÁruasteÁruater usage toidentify trends and unusual fluctuations and usage?

(2) Does Vendor have an awareness program for energy conservation that includes regularcommunication to employees about avoiding wasteful practices and encourages tuming off lights andother devices when not in use?

lf so, are reminder signs posted in appropriate locations?

(3) Has a policy or practice been adopted to avoid or prohibit the use of high energy- consumingoutdoor advertising (such as LED billboards)?

(4)Are employees instructed to shut down personal computers at the end of each work period?

Are computers set to tum off monitor, hard drive, or go on standby after 30 minutes or less of inactivenetwork/system controls used to minimize energy use in idle work stations?

V



(5) Are supplies and cleaning products chosen based on goal of minimizing harmful or hazadouscontents?

(6) ls preference given whenever practicable to local suppliers and products locally or regionally?

(7) What percentage of Vendois full-time employees identify as:

a. White

b. Black or AfricarÞAmerican

cHlspanlc

d.Asian

eOther

(8) What percentage of Vendo/s full-time employees identiñ7 as:

a. Male o/o

b. Female o/o

VI

t.


Specification No. I 3'1418

TABLE OF CONTENTS

ll

ilt.

GENERAT INFORMATION AND GUIDETINES ................7Communications Between the City of Chicago and Respondents............. ...................... 7

L. Submission of Questions or Requests for Clarifications............. ................. 72. Pre-Proposal Conference ............... 7

Deadline and Procedures for Subm¡tting Proposals ............... 8RFP lnformation Resources................ ................ 9Procurement Timetable ................. 9Transparency Website: Trade Secrets................. ................... 9

VI PREPARING PROPOSATS: REQUIRED INFORMAT¡ONFormat of ProposalsRequired Contents of Proposal

1.. Cover letter2. ExecutiveSummary.....3. Professional Qualifications and Specialized Experience of Respondent and Team Members

Committed to th¡s Project........ ........................ 12Professional Qualifications, Specialized Experience and local Availability of Key Personne] Who Willbe Dedicated to the Services Described in this RFP. ............. 14lmplementation and Management P1an.......... ..................... 15Ded¡cated Resources.... ................ 16Citation Software and Hosted System ( PART A) ............... ....................... 17Maintenance for Citation Software and Hosted System ( PART A) ................ ............... 20Technical Specifications of Mobile Wireless Pr¡nters ( PART B) ................ .................... 20Maintenance for Mobile Printers ( PART B)................ ..........21Paper Products - Parking Tickets and Parking Envelopes ( PART B)................ ..,,..........22Service Level Requirements .......,.22Pricing Proposal .......23Minority and Women Business Enterprises Commitment.................. ,.....24Financial Statements. ...................24Economic Disclosure Statement and Affidavit ("EDS") and Attachment A: Online EDS

Acknowledgement.. ..................... 24legalActions ............25lnsurance 25

vil. EVATUATTNG PROPOSATS .....................26A. Evaluation Process .......................26B. Evaluation Criteria .......................27

IX. ADÐITIONAL DETAITS OF THE RFP PROCESS .............. 30A. Addenda ..................30

IV

V

A.

B.

c.D.

E.

A.B.

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10

ttLILr

4.

5.

6.7.

8.9.10.tt.L2.13.L4.15.

16.

17.18.

vil

B.

c.D.

E.

F.



City's Rights to Re¡ect Proposals 30

3031

3232

33

4l

42

43

44

No liability for CostsProhibition on Certain Contributions.- Mayoral Executive Order No. 2Ûtt-4False Statements.............

Title Vl Solicitation Notice...........

EXHIBIT 1: SCOPE OF SERVlCES.........

EXHIBIT 2: PRICING/COST PROPOSAI...............

ExHlBlT 3: COMPANY PROFItE 1NFORMAT|ON.................

EXHtBtT 4: COMpANy REFERENCES/CUENT pROFttE TNFORMATTON

ExHlBlT 5: MBE/WBE SPECIAL CONDITIONS AND SCHEDULES

1.. SPECIAT CONDITIONS REGARDING MINORIW BUSINESS ENTERPRISE COMMITMENT AND WOMENBUSINESS ENTERPRISE COMMITMENT FOR COMMODITIES OR SERVICES .................44

l.l. Policy and Terms.......... ................44

1.3. Jo¡nt Ventures................ .............. 46t.4. Counting MBE/WBE Participation Toward the Contract Specific Goals1.5. Regulations Governing Reductions to or Waiver of MBE/WBE Goa|s...........

1.5.1. Direct / lndirect ParticipationL.5.2. AssistAgency Participation in wavier/reduction requests......1.5.3. lmpracticability..............

1.6. ProceduretoDetermineBidCompliance................1..7. Reporting Requirements During the Term of the Contract1.8. Changes to Compliance Plan

1.8.1. Permissible Basis for Change Required.....t.8.2. Procedure for Requesting Approval

1.9. Non-Compliance and Damages

t.tf-. EqualEmploymentOpportunity1.12. AttachmentsandSchedules..................

Attachment A -Assist Agency List ..............Attachment B - Sample Format for Requesting Assist Agency Comments on Bidder's Request for

Reduction or Waiver of MBE/WBE Goals .......... ................... 60Schedule B - Affidavit of Joint Venture....... .............. 61Schedule C-l: Letter of lntent From MBE/WBE To Perform As Subcontractor, Supplier and/or Consultant

66Schedule D-l: Affidavit of lmplementat¡on of MBE/WBE Goals and Participation Plan 67

EXHIBIT 6: ONUNE ECONOMIC DISCTOSURE STATEMENT AND AFFIDAVIT (EDS) INSTRUCTIONS, 72

EXHIBIT 7: CONTRACT INSURANCE REqUIREMENTS AND INSURANCE CERTIFICATE ...................... 79

EXHIBIT 8: CONTRACTUAL REQUIREMENTS RELATED TO H|PAA.... ........ 84

EXHIBIT 9: CITY OF CHICAGO SAMPLE PROFESSIONAT SERVICES AGREEMENT .......... 85

EXHIBIT 10: LOCAL AND OTHER PREFERENCES: ADJUSTMENTS TO THE COST PROPOSAL... .............86

484950515152

5354

54555556

565658

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Mobile Device Sofrware Solution for Parking Violation Citation lssuance and Other Violation Ticketing (lncluding Hardware andRelated Consumable Purchase Options)

Specification No. 1 3141 I

ATTACHMENTS

Attachment 1 Checklists for PART A and PART B Segments:Citation Software Features (PART A)Hosted System Features (PART A)Maintenance and Support Checklist for Citation Software (PART A)Mobile Wireless Printers and Accessor¡es (PART B)Maintenance of Mobile Wireless Printers and Accessories (PART B)

Attachment 2

Attachment 3

Attachment 4

Attachment 5

Attachment 6

City Hardware and Software Standard Overview

Data PolicylData with Contractor

Sample Printed Ticket and Envelope lmages

Sample of File Format into CANVAS

Sample Chicago Police Department Administrative Notice of Violation

IX

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REQUEST FOR PROPOSAL ("RFP")

for

MOBILE DEVICE SOFTWARE SOLUTION FOR PARKING AND COMPLIANCE VIOLATIONclTATloN lssuANcE (INGLUD|NG HARDWARE AND RELATED CONSUMABLE

PURCHASE OPTTONS)


GENERAL INVITATION

A. Purpose of the Reguesf for Proposal

The City of Chicago ("City"), act¡ng through its Department of Finance ("DOF'), invites thesubmission of Proposals in two parts:

PART A Software: The City seeks proposals from Respondents willing and able toprovide a robust, mobile parking and compliance citation issuance software solution,including software maintenance, software support and a hosted back-end system forreporting, management, data analysis and efficient and effective routing of parkingenforcement aids (hereinafter "Citation Software"), in accordance with the RFPrequirements set out below. The Citation Software should have the ability to harnessvarious data sets, develop evidence based enforcement data models and integratewith geospatial technologies to assist in development of enforcement strategies andefficient and effective resource allocation.

PART B Hardware: The City seeks proposals from Respondents willing and able toprovide certain hardware and consumables that are compatible with the proposedCitation Software. Hardware proposal must include mobile wireless printers(hereinafter "Mobile Printers"), required to print parking and compliance viloations,i.e. "tickets", parking ticket paper stock for the printers, pre-printed envelopes for theprinted tickets, miscellaneous accessories for (such as carrying cases, ruggedizingprotector cases, belt clips), and hardware maintenance and support for the MobilePrinters. The City may also purchase Mobile Printers to operate in its fleet of "bootvans" (vehicles equipped with license-plate-recognition software) to streamline theCity's booting process. As part of the PART B response, if Respondent recommendsspecific Mobile Devices that are currently compatible with the Citation Software,Respondent should include such Mobile Devices in PART B of the proposal anddescribe the relative strengths and weaknesses of using proposed devices.Respondent should identify which Mobile Devices it can provide along with hardwaremaintenance and support for such Mobile Devices.

Companies having Citation Software design and PART A support qualifications and theability to suppotl the PART B requirements, and with an interest in making their servicesavailable to the City of Chicago as required, are invited to respond to this RFP. Theselected Respondent (hereinafter "Contractor'') must, therefore, submit a proposal for bothPART A and PART B requirements.

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Mobile Device Software Solution for Parking Violation Citation lssuance and Other Violation Ticketing (lncluding Hardware andRe I ate d'

" "' i ;:::,::i¡J"i,:'iJlnThe work contemplated is professional in nature. lt is understood that the Contractoracting as an individual, partnership, corporation or other legal entity, is of professionalstatus, licensed to perform in the State of lllinois and licensed for all applicable professionaldiscipline(s) requiring licensing and will be governed by the professional ethics in itsrelationship to the City. lt is also understood that all reports, information, or data preparedor assembled by the Contractor under a contract awarded pursuant to this RFP areconfidential in nature and will not be made available to any individual or organization,except the City, without the prior written approval from the City. Any contract resulting fromthis document will require the Contractor to execute a statement of confidentiality.

The Contractor shall be financially solvent and each of its members, if a joint venture, itsemployees, agents or subcontractors of any tier shall be competent to perform the servicesrequired under this RFP document.

B. lntroduction of the RFP

Currently, in order for the City to effectively administer the City's parking enforcementoperations, the City users (primarily, the Department of Finance ("DOF"), as well as,potentially, the Chicago Police Department ('CPD') and Office of City Clerk ("OCC")),require Citation Software and Mobile Printers and the City may need to purchase MobileDevices throughout the life of the contract.

The proposed Citation Software shall be loaded onto City-provided Mobile Devices, unless,after review of the proposals, or throughout the life of the contract, the City determines thatit will purchase Mobile Devices through PART B.

The Citation Software should be able to harness various data sets and develop evidence-based enforcement data models that assist with the enhancement of enforcementstrategies and efficient and effective resource allocation.

NOTE: lf the same PART B item proposed by the Respondent (and awarded as part of thecontract to the Contractor) is determined to also be available under some other existingCity contract, then the City shall be required to procure such item under that other existingCity contract, unless as may othenruise be provided by the CPO. Therefore, the Cityreserves the option to purchase any PART B requirement under existing City contracts withanother Vendor (if applicable). However, at its option, the City may elect to purchase anyof the items proposed and awarded in PART B from the Contract awarded pursuant to thisRFP, to the extent permissible by the CPO.

The City's primary focus of this RFP is to determine the best software and support solutionproposed in PART A, and to then negotiate a contract pursuant to that Proposal. The Cityshall, therefore, evaluate Proposals primarily on the merits of the Respondent's CitationSoftware qualifications, functionality, and support of the solution proposed by theRespondent.

The City's secondary focus of this RFP is to determine the best option to procure MobilePrinters and parking ticket paper and envelopes and potentially, Mobile Devices (PART B).

Currently, the City estimates that it may require approximately 225-300 Citation Softwareusers and Mobile Printers for DOF and OCC operations only. However, the City estimates

2



that it may require approximately 2,000 additional Citation Software users and 2,000additional Mobile Printers for the CPD in the event CPD opts to utilize proposed solution.

The Gity will award only one (l) contract to a pr¡me contractor pursuant to this RFP.Upon successful negotiations, the selected Respondent will be awarded for boththeir PART A and PART B solution.

Respondents, in order to be cons¡dered for award, must demonstrate their experience,competency, and degree of expertise in designing and providing flexible (in terms of easeof adaptability to implement change based on the City's needs while having minimal impacton the user population), user-friendly software specifically designed for use in mobiledevices and specifically designed for the purpose of writing and issuing municipal parkingand compliance violations, or the equivalency thereof, as would be required bymunicipalities such as the City of Chicago.

Respondents must propose software maintenance and support, as well as a hostedsystem solution and a PART B option, over the term of the contract.

Respondents must also propose a solution for a data analytics component which includesdata analysis and data modeling to assist in development of enforcement strategies andresource allocation, as well as integration with geospatial and mapping technologies todirect deployment of, assign routes to, and monitor and manage resources.

Respondents must also describe their solution to provide the City with a "bridge" to ensureno gap in the City's ability to continue its use of the software caused by, for example: theCity's transition over to a new Vendor or other solution, the termination or expiration of thecontract, any unforeseen event causing a business outage or other such interruption, orbreach of contract by the Vendor.

C. lnternef Access to this RFP

All materials related to the RFP will be available on the internet atwww. cityofch icago. org/bids.

ln the event you do not have download capability, all materials may be obtained from theCity of Chicago Department of Procurement Services' Bid & Bond Room, located in Room103, City Hall,121 N. LaSalle Street in Chicago, lL 60602.

A Respondent who chooses to download an RFP solicitation instead of picking it up inperson will be responsible for checking the aforementioned web site for clarificationsand/or addenda, if any. Failure to obtain clarifications and/or addenda from the web siteshall not relieve Respondent from being bound by any additional terms and conditions inthe clarifications and/or addenda, or from considering additional information containedtherein in preparing your Proposal. Note, there may be multiple clarifications and/oraddenda. Any harm to the Respondent resulting from such failure shall not be validgrounds for a protest against award(s) made under the solicitation.

All Respondents are responsible for obtaining all RFP materials. lf Respondentchooses to download and print an RFP document, the Respondent must contact theGity of Chicago, Department of Procurement Services, B¡d & Bond Room byemailing [email protected] to register Respondent's company as an

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Mobile Device software solution for Parkins Violation citation lssuance and other Violatiåtl "#H;J,ff|;Ëï"ffJ:ff".åiSpecification No. 13141 8

RFP document holder, which will enable the Respondent to rece¡ve any futureclarifications and/or addendum related to this RFP.

The City accepts no responsibility for the timely delivery of materials or for alertingRespondents on posting to the DPS website information related to this RFP.

II. DEFINIT¡ONS

The following defined terms have the meanings specified below.

NOTE: lf a defined term is used only once, then it may be defined within the context inwhich it appears in that paragraph or section.

"CANVAS" is an acronym for the Department of Finance's parking, red light, andautomated speed enforcement violation management system, officially titled the "CentralAdjudication Noticing and Violation Administration System". CANVAS database is currentlyOracle 11 g.

"Ghief Procurement Officer" or "CPO" means the Chief Procurement Officer of the Cityof Chicago and any representative duly authorized in writing to act on her behalf.

"Comptroller" means the City Comptroller of the City of Chicago Department of Finance,and any representative authorized in writing to act on the City Comptroller's behalf.

"Contractor" means the Respondent awarded a contract pursuant to this RFP process.r¡EC" means the Evaluation Committee appointed to review and assess all Proposals, andmake its recommendations to the Comptroller concerning its evaluations.rrHH" means the City's current handheld computer mobile wireless ticket issuing device.

"LPR" means License Plate Recognition software technology.

"Mobile device" is any handheld mobile device commonly available in the marketplacethat is able to connect to the lnternet via a United States cellular network connection, suchas, but not limited to: smartphones, tablets, handhelds, and which come fully equipped withan operating system, camera, microphone, battery, and other technological features.

"PEA" is an acronym for the Department of Finance's Parking Enforcement Aids whoissue vehicle violation citations, and may include parking enforcement personnel employedby a City Vendor.

"Proposal" is the written content and documents submitted in response to this RFP froma Respondent.

"Respondent" means the primary entity which submits a Proposal in response to this RFPand may include subcontractors and other affiliates.

"Vendor" means a current entity having a contract with the City of Chicago which wasawarded by the Chief Procurement Officer.

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Mobile Device Software Solution for Parking Violation C¡tation lssuance and Other Violation Ticketing (lncluding Hardware andRelated Consumable Purchase Options)

Specification No. 1 3141 IIII. BACKGROUND

Citv Users

DOF's Street Operations division is the primary City of Chicago parking and compliancecitation issuer. ln addition to City personnel, DOF contracts with a Vendor to providesupplemental parking enforcement services.

CPD officers patrol on foot, bicycles, Segways, and squad cars, vans and other vehicles.Currently, officers manually write various parking and compliance violations by completinghand-written violation information onto a paper parking ticket, from a parking ticket book.

Additionally, approximately 4 or 5 OCC personnel issue citations for various violations.

Software - Mobile Parkino and Comoliance Citation Aoolication

The current citation issuance software which was purchased (as software use licenses) bythe City from its current Vendor via a solution which integrated the Vendor's citationsoftware with the Vendor's proprietary mobile handheld units.

Software- Hosted Services

The City's current Vendor-hosted system maintains violation data, provides reports, andalso feeds the violation data and pictures to the City's CANVAS system. Currently, thisdata transfer is achieved via Secured File Transfer Protocol ('SFTP') file transfer. TheVendor-hosted system also pushes data wirelessly to the HH unit. For example, a file oflicense plates for vehicles registered in the City can be sent to the HH Unit for the PEAs'reference. Additionally, the Vendor hosts a website, accessible via a link on the City'swebsite, which allows motorists to view the pictures associated with their specific violationnumber. The current Hosted solution provides various productivity and managementrepofts.

Parking Enforcement

Ensuring that motorists adhere to the City's parking laws and that streets are free and clearfor traffic and City services requires significant coordination and management of DOF'sPEAs. Furthermore, the City's laws governing ownership and operation of a vehicle in theCity (e.9., vehicle stickers, parking meters, residential parking zones, as well as other civicviolations, etc.) requires various City authorities to conduct enforcement throughout theCity and issue citations on a regular basis and at all hours of the day.

Currently, DOF enforces through City staff and Vendor PEAs scheduled in staggeringshifts and home deployment. Additionally, the CPD conducts enforcement involving citationissuance as well - albeit utilizing hand-written parking and compliance violation parkingticket book citation media in lieu of electronically printed HH device-issued tickets.

Hardware

The proprietary AutoClTE X3TM Handheld Computer units (HH) and its AutoClTE softwaremodules purchased from the City's Vendor, are currently utilized by DOF and PEA

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Mobile Device Software Solution for Parkins violation citation lssuance and other ","Fj,;[l'ff1':ilt;;t;iï"i:J"äfi"1irj

Specification No. 1 3141 Ipersonnel to issue electronically printed parking and compliance violation citations (in lieuof hand-written parking and compliance violation tickets).

The majority of the City's current HH units are wireless. Non-wireless HH units aredesigned to be retrofitted to become wireless, if required.

Ïhe current HH un¡ts take and store still-color-photos, which are used asdocumentation/evidence to support the violation citation. The software is designed tocorrelate spec¡fic pictures to a specific ticket - a critically ¡mportant feature to help confirmthe validity of an issued violation.

Citation and violation data is uploaded to the Vendor's hosted system wirelessly viawireless HHs. However, currently, whether the HH is configured to be wireless or not, allphotos must be transferred via a hardwired docking cradle, performed by the PEA at theend of a shift. Non-wireless HHs must transfer both data and photos via a hardwireddocking cradle, performed by the PEA at the end of a shift. The hardwired docking cradlesare located at various City sites referred to as "Base Stations".

The current HH units are equipped with printer mechanisms that are integrated within theshell casing of the HH body itself (i.e., the printing unit is not a separately attached modularpiece).

DOF also boots vehicles as part of its booting program, whereby LPR technology identifiesvehicle license plates associated with owners who have not paid certain violations. Theboot crews currently utilize wireless mobile units which are mounted in each of its 26 bootvans, but they must manually write-up tow forms, various reports, and documents for eachbooted vehicle. The extent to which boot related operations can be automated via CitationSoftware and Mobile Printers, shall be a consideration of evaluation in this RFP.

Parkinq Ticket Paper and Envelopes

Parking ticket paper and parking ticket envelopes are currently purchased from the currentHH Vendor. Current parking ticket paper stock on which all images are imprinted onto, arewaterproof, UV-light fade-resistant, and fade-resistant while exposed to extreme weatherconditions such as:

. -10'F

. -20" F wind-chill

. 105" F

. 95o/o humidity

Currently, parking tickets are inserted into pre-printed envelopes that are placed on thewindshield of the vehicle in violation. The envelopes are pre-printed and provide the sameperformance features as the paper stock (in terms of being waterproof, printed imagesbeing UV-light fade-resistant, etc.).

Sample images of parking ticket paper and envelopes are attached to the RFP.

6


Specification No. 13141 IMaintenance and Support

The current Vendor provides software and hardware maintenance and support whichincludes training, a help desk, software fixes, upgrades, patches, etc., and includesequipment ma¡ntenance and repair. Further, there is a "hot-stock-swap-out" provisionwhich requires that an inventory of HH devices be at the ready as back-up for use by theCity; for example, in the event a working HH is required to replace an HH being repaired.

IV. SCOPE OF SERVICES

A. Description of SeryrcesThe services that the City seeks to acquire are described in detail in the Scope of Services,Exhibit 1.

B. Contract TermAny contract awarded pursuant to this RFP solicitation shall be for a base contractperiod of five (5) years plus extension options of up to five (5) 1-year extension optionsmutually agreed to by both parties.

V. GENERAL INFORMATION AND GU¡DELINES

A. Communications Between the City of Chicago and Respondents

1. Submission of Questions or Requests for Clarifications

Respondents must communicate only with the Department of Procurement Services.All questions or requests for clarification must be in writing, sent by e-mail, and directed tothe attention of Joseph Chan, [email protected], Department of ProcurementServices, Room 806, City Hall and must be received no later than 4:00 p.m. Central Time,on September 8, 2016. Respondents are encouraged, but not required, to submitquestions one (1) week prior to the scheduled Pre-Proposal Conference.

All questions and requests for clarification must be submitted via e-mail." The subject lineof the email must clearly indicate that the contents are "Questions and Request forClarification" about the RFP and are "Not a Proposal" and must refer to "Request forProposal ("RFP') for the Mobile Device Software Solution for Parking Violation Citationlssuance and Other Violation Ticketing lncluding Mobile Devices and Related ConsumablePurchase Options ("Citation lssuance Software"), Specification No. 131418." No telephonecalls will be accepted unless the questions are general in nature.

2. Pre-Proposal Conference

The City will hold a Pre-Proposal Conference at City Hall, 11th Floor Room #1103, 121North LaSalle Street Chicago, lllinois 60602 at 1:30 p.m. Central Time on August 31, 2016.All parties interested in responding to this RFP are urged to attend in person. The Cityrequests that all parties planning on attending the Pre-Proposal Conference notify Joseph

7

Mobile Device Software Solution for Parking Violation Citation lssuance and Other Violation Ticketing (lncluding Hardware andRe I ated'

" .''

i ;::i,::i¡*"¡,:'iil";.?Chan prior to the Pre-Proposal Conference. The e-mail communication shall include thenames, titles, e-mail address and phone number of each attendee and indicate whether theattendee is participating in person.

The City will answer questions and clarify the terms of the RFP at the Pre-ProposalConference. The City may respond both to questions posed on the day of the conferenceand to questions e-mailed prior to conference. Anything stated at this Pre-ProposalConference is not intended to change the solicitation document. Any changes will be inwriting in the form of an addendum issued by the Department of Procurement Services.

B. Deadline and Procedures for Submitting Proposals

1. To be assured of consideration, Proposals must be received by the City of Chicago inthe City's B¡d & Bond Room (Room 103, City Hall) no later than 4:00 P.M. Central Timeon October6,2016. The Bid & Bond Room can be reached attelephone number312-744-9773.

2. The City may, but is not required to accept Proposals that are not received by the dateand time set forth in Section V.8.1 above. Only the Chief Procurement Officer isempowered to determine whether to accept or return late Proposals.

Failure by a messenger delivery service or printing service to meet the deadline will notexcuse the Respondent from the deadline requirement. Hand-carried Proposals mustbe placed in the depository located in the Bid & Bond Room located in Room 103, CityHall. The time of the receipt of all Proposals to this RFP will be determined solely bythe clock located in the B¡d & Bond Room of City Hall. lt is Respondent's soleresponsibility to ensure that the Proposal is received as required.

3. Proposals must be delivered to the following address:

Jamie L. Rhee, Chief Procurement OfficerCity of ChicagoDepartment of Procurement ServicesB¡d & Bond RoomRoom 103, City Hall121 North LaSalle StreetChicago, lllinois 60602

4. Respondent must submit t hardcopy original, 7 hardcopy copies of the original, and 8electronic copies of the original in one searchable pdf format, with Pricing/CostProposal completed in Excel, all on a USB drive or CD-ROM. The original hardcopymust be clearly marked as "ORIGINAL", and must bear the original signature of anauthorized officer on all documents requiring a signature. Copies must be exactduplicates of the ORIGINAL. Respondent must enclose all documents in sealedenvelopes or boxes.

5. The outside of each sealed envelope or box must be labeled as follows:

Proposal EnclosedRequest for Proposal (RFP) for Mobile Device Software Solution forParking Violation Citation lssuance and Other Violation Ticketing(lncluding Hardware and Related Consumable Purchase Options)Specification No. 1 31418

8



Due: 4:00 p.m. CentralTime, October 6, 2016Submitted by: (Name of Respondent)Package _ of _

6. The City's opening of Respondent's sealed envelope(s) or package(s) containing aProposal shall neither be deemed nor constitute acceptance by the City ofRespondent's Proposal. The City reserves the right to open and inspect all such sealedenvelope(s) or package(s), regardless if the same were submitted by the due date andtime specified herein, for any purpose, including without limitation, determining theparticular RFP to which Respondent has responded, determine if a Proposal wassubmitted by the date and time specified herein.

C. RFP Information Resources

Respondents are solely responsible for acquiring the necessary information or materials.lnformation for preparing a response to this RFP can be located in the following areas ofthe City's website: :

. Search MBEA/VBE Directory Database

. Pre-Bid/Proposal Conference Attendeeso Addenda and Exhibits, if any.

D. Procurement Timetable

The timetable for the RFP solicitation is summarized belowdates and are subject to change by the City.

Note that these are target

E. Transparency Website: Trade Secrefs

Consistent with the City's practice of making available all information submitted in responseto a public procurement, all proposals, any information and documentation containedtherein, any additional information or documentation submitted to the City as part of thissolicitation, and any information or documentation presented to City as part of negotiationof a contract or other agreement may be made publicly available through the City's lnternetwebsite. However, Respondents may designate those portions of the Proposal which

9

City lssues RFP August 18,2016

Non-Mandatory Pre-Proposal Conference August 31,2016

Proposal Questions Due September 8, 2016

Proposals Due October 6, 2016

Key Activity Target Date



contain trade secrets or other proprietary data ("Data") which Respondents desires remainconfidential.

To designate portions of the Proposal as confidential, Respondent must:

1. Mark the cover page as follows: "This Proposal includes trade secrets orother proprietary data."

2. Mark each sheet or Data to be restricted with the following legend:"Confidential: Use or disclosure of data conta¡ned on this sheet is subject tothe restriction on the title page of this RFP."

3. Provide a CD-ROM with a redacted copv of the entire Proposal orSubmission as one . pdf format file for post¡ng on the Gity's website.Respondent is responsible for properly and adequately redacting anyData which Respondent des¡res remain confidential. lf entire pages orsections are removed, they must be represented by a page indicatingthat the page or sect¡on has been redacted. Failure to provide a GD-ROM with a redacted copy may result in the posting of an un-redactedGopy.

Proposal as non-responsive.

All Proposals submitted to the City are subject to the Freedom of lnformation Act. The Citywill make the final determination as to whether information, even if marked "confidential,"will be disclosed pursuant to a request under the Freedom of lnformation Act or validsubpoena. Respondent agrees not to pursue any cause of action against the City withregard to disclosure of information.

Vl. PREPARINGPROPOSALS: REQUIREDINFORMATION

Each Proposal must contain all of the following documents and must conform to the followingrequirements.

A. Format of Proposals

Proposal hardcopies must be prepared on 8 Tz" X 11" letter size paper (preferablyrecycled), printed double-sided, and bound on the long side. The City encourages usingreusable, recycled, recyclable and chlorine free printed materials for bids, proposal, reportsand other documents prepared in connection with this solicitation. Expensive papers andbindings are discouraged, as no materials will be returned.

Sections should be separated by labeled tabs and organized in accordance with subjectmatter sequence as set forth in Section VlB. Each page of the Proposal must benumbered in a manner so as to be uniquely identified.

Electronic versions of the original proposal shall be word-searchable and mirror images ofthe original hardcopy.

10

Mobile Device Software Solution for Parking V¡olation Citation lssuance and Other Violation Ticketing (lncluding Hardware andRelated Consumable Purchase Options)

Specification No. I31418

B. Required Gontents of Proposal

Proposal content must be clear, concise and well organized. Respondent is stronglydiscouraged from including market¡ng or promotional materials not related specifically tothe focus of this RFP. Respondents are advised to adhere to the submittal requirements ofthe RFP. Failure to comply with the instructions of this RFP may be cause for rejection ofthe non-compliant Proposal. Respondent must provide information in the appropriãte areasthroughout the RFP. By submitting a response to this RFP, you are acknowledging that ifyour Proposal is accepted by the City, your Proposal and related submittals may becomepart of the contract. While the City recognizes that Respondents provide costs in varyingformats, compliance with the enclosed Pricing Cost Proposal in Exhibit 2 is required tofacilitate equitable comparisons.

At a minimum, the Proposal must include the following items:

1. Cover Letter

Respondent must submit a cover letter signed by an authorized representative of the entitycommitting Respondent to provide the Services as described in this RFP in accordancewith the terms and conditions of any contract awarded pursuant to the RFP process. Thecover letter must:

a) lndicate the number of years the companylorganization has been in business, andprovide an overview of the experience and background of thecompany/organization and its key personnel committed to this project.

b) ldentify the legal name of the company/organization, its headquarters address, itsprincipal place of business, its legal form (i.e., corporation, joint venture, limitedliability company or partnership, etc.), and the names of its principals or partnersand authority to do business in lllinois with the most recent documents filed withand obtained from the Secretary of State.

c) lndicate the name, telephone number(s) and e-mail address of the principalcontact for this proposal, oral presentation or negotiations.

d) lnclude statement of any objections or comments, to the City of Chicago'sstandard contract terms and conditions as stipulated in the Sample ProfessionalServices Agreement in Exhibit 9 of this RFP.

e) Acknowledge receipt of Addendum issued by the City, if any.

2. Executive Summary

Respondent must providè an executive summary which explains its understanding of theCity's intent and objectives and how their Proposal would achieve those objectives. Thesummary must discuss Respondent's strategy and methodology for successfullyimplementing and managing the project for the City of Chicago; capacity to perform, andapproach to project management, satisfying the scope of services in the RFP and anyadditional factors for the City's consideration.

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Mobile Device software Solution for Parkins Violation citation lssuance and other ""5:',".iJ,ä;l'ffJfft;Ëï"i:j"ifi"ï.i


The summary should outl¡ne the Respondent's overall plan from the initial contract award(or pre-award meetings) phase, to post-initial and on-going operations of contract; generalapproach to project management; features and functionality of the proposed software; theperson or team who wrote the proposed software; quality assurances for ensuringsustained performance of the proposed software; flexibility of the software to be adapted tochange; the proposed Mobile, Printers, and related accessories; analysis and proposal forMobile Devices; describe the parking ticket paper and envelope resources; describe theContractor-hosted site; describe all maintenance and support services; describe theproposed training solution for the Department of Finance, OCC, and CPD users, and anyother authorized users; and any additional added values the Respondent can provide tothe City. (These elements must be described in detail in the body of the RFP response.)

The summary should include an indication of the delivery time of fully operationalequipment to the Department of Finance to have ready for use.

3. Professional Qualifications and Specialized Experience of Respondent and TeamMembers Committed to this Project

lf Respondent proposes that major portions of the work (including supplier sources formobile devices) will be performed or provided by different team members (e.9. joint venturepartners, suppliers, subcontractors, etc.), Respondent must provide the requiredinformation as described below for each such team member.

a) Gompany Profile lnformation (See Form in Exhibit 3)

ldentify participants in Respondent's "Team." For example if Respondent is abusiness entity that is comprised of more than one legal participant (e.g.,Respondent is a general partnership, joint venture, etc.), then Respondent mustidentify or cause to be identified all participants involved, their respectiveownership percentages, and summarize the role, degree of involvement, andexperience of each participant separately

lf Respondent has a prime contractor/subcontractor relationship instead, thisinformation regarding role, involvement and experience is also required for anysubcontractor that is proposed to provide a significant portion of the work.

Provide a chronological history of all mergers and/or acquisitions involving theRespondent team members, including all present and former subsidiaries ordivisions and any material restructuring activities, if applicable. lnclude any suchforthcoming actions, if such disclosure has already been made generally availableto the public and is permitted by law.

lf Respondent is a joint venture, attach a copy of the joint venture agreementsigned by an authorized officer of each joint venture partner. Each partnermust execute:

(i) Schedule B as shown in Exhibit 5, if joint venture includes City of Chicagoor Cook County certified MBEA¡I/BE firms(s), as applicable.

12


Specification No. 1 314'18

(ii) Separate Economic Disclosure Statement and Affidavit ("EDS')completed by each partner and one in the name of the joint venture asshown in Exhibit 6.

(iii) lnsurance certificate in the name of the joint venture business entity.

b) Gompany References/CI¡ent Profile lnformation (See Form in Exhibit 4)

Respondent must provide at least 3 references preferably from a municipality orgovernment agency related to a contract of similar scope and magnitude asdescribed in this RFP. Experience will not be considered unless completereference data is provided. At a minimum, the following information should beincluded for each client reference:

Client name, address, contact person name, telephone and emailaddress.Description of Services provided similar to the Services outlined in Exhibit1 of this RFP.The date when the Service was implemented.The location of the project.Nature and extent of Respondent's involvement as the prime Contractor(also indicate area of secondary responsibility, if applicable) ldentifyServices, if any, subcontracted, and to what other company.Contract term (Start and End date, or indicate if currently providingservices)The total dollar value of the Contract.

Additionally, provide the names of cities to which the Respondent has providedcitation applications to most recently.

Describe the general scope provided by the Respondent in terms of the citationsoftware and services delivered to the above referenced municipalities.

Provide a complete reference list of the largest cities whom you have providedcitation software and related services to, providing a brief overview of thedeliverables in terms of citation software functionality, project implementation,quantity, make, and model(s) of mobile devices delivered to each city; quantity ofsoftware installations, length of relationship with the client; contact person's name,title, email address, and phone number; city and state of client; and what year(s)services were provided.

Do other cities that you have contracted with use their mobile devices strictly forparking enforcement purposes or have they integrated other applications?Describe.

Explain any differences, if any, from the requirements set forth in this RFP, orproposed in response to this RFP, compared to the deliverables provided to theabove referenced cities.

All client reference information must be supported and verified. Referencecontacts must be aware that they are being used and agreeable to City interviewfor follow-up.

L3


Specification No. 1 3141 8

The City may solicit from previous clients, including the City of Chicago, or anyavailable sources, relevant information concerning Respondent's record of pastperformance.

c) Capacity to Perform City Project

Describe how any uncompleted projects and/or contractual commitments to otherclients will affect your ability to deliver services, cepacity to perform within City'stimeline and affect dedicated resources committed to the City's project.Respondent must provide a summary of current and future projects andcommitments and include projected completion dates. ldentify what percentage ofthe Services will be performed utilizing your own workforce, equipment andfacilities. What percentage of the work will be subcontracted?

d) Business License/Authority to do Business in lllinois

Respondent must provide copies of appropriate licenses or certifications requiredof any individual or entity performing the Services described in this RFP in the Cityof Chicago, County of Cook and State of lllinois, for itself, its partners and itssubcontractors, including evidence that Respondent is authorized by the Secretaryof State to do business in the State of lllinois. lf Respondent is not currently "doingbusiness" in lllinois at the time of submission, it is not required to show corporategood standing in lllinois with the proposal; Respondent should so indicate, andprovide evidence of good standing for its state of organization, and primary state ofoperation, if different. Corporate good standing in lllinois will be required for awardof any contract. Provide copies with the Proposal submission.

These requirements will vary depending upon the circumstances of eachRespondent. See the Department of Business Affairs and Consumer Protection(BACP) website for additional information:

lf required by law, Respondents are required to have an lllinois Business License.See the State of lllinois, Department of Business Services website for additionalinformation: (

Additionally, visit the State of lllinois' Division of Professional Regulation forinformation regarding the State of lllinois' Professional Certifications:http://www. idfpr. com/DPR/.

4. Professional Qualifications, Specialized Experience and Local Availability of KeyPersonnelwho will be dedicated to the Services described in this RFP.

Respondent must provide a summary of individuals who will be dedicated to the Servicesdescribed in this RFP. For each key person identified, Respondent must provide thefollowing information:

a) Summary of the key personnel who will be dedicated to the Services as proposedand consistent with Staffing Plan per Section Vl.8.6 b.

b) Key personnel areas of expertise and areas for prime responsibility for various tasksor aspects of the Services.

1,4

Mobile Device Software solution for Parkins Violation citation lssuance and otherViolati;1jä;:'ffJï[Ëï"i:jiffi"ï.i


c) Resumes or corporate personnel profiles with past experience for each of the keypersonnel, including a description of their roles and responsibilities on recentprojects of similar type, scope, and magn¡tude relating to the Scope of Services asdescribed in this RFP. Respondent must provide the following information:

(i) Title and report¡ng responsibility.(ii) Proposed role in this program, including the functions and tasks for which they

will have prime responsibility (also indicate areas of secondary responsibility, ifappropr¡ate)

(ii¡) Pertinent areas of expertise and past experience(iv) Base location (localfacility, as applicable)(v) Resumes or corporate personnel profiles which describe their overall

experience and expertise.

ln addition to resumes, Respondent must provide a detailed description of the roles andresponsibilities by job titles (service staff, supervisors, executive managers, etc.). Add anyother types of staff/personnel whom the Respondent is proposing.

Respondent must designate a Project Manager responsible for day to day oversight ofproject and implementation schedule. Project Manager must be available for telephone ande-mail contact during the stated hours of operation and emergency after hour contact withCity management.

5. lmplementation and Management Plan

Respondent must provide a comprehensive and detailed Citation Software solution,hosting system, service levels, and the corresponding implementation and managementplan and proposed mobile device technology and supplies (PART B) which addressesrequirements as outlined in Exhibit 1, Scope of Services of this RFP. The plan mustdemonstrate Respondent's capacity to successfully implement and manage the contractrequirements and ability to comply with the scope of service and requirements asdescribed in this RFP. The management plan must address, but not be limited to, thefollowing areas:

a) Service Delivery

All responses should, at a minimum, address your plan for delivery of theServices as outlined in Exhibit 1, Scope of Services. The plan should detail howthe Services will be administered and your policies and procedures addressingthe specific components.

b) Approach to lmplementing Services

Describe your policies and procedures for implementing projects, qualitycontrol/checks, project management, response time, project support &repofting/recommendation services, including your approach to overcomingobstacles, if any, and troubleshooting to resolve problems.

c) Organization Chart

15

Mobile Device software Solution for Parkins Violation citation lssuance and other u,"å:',:;t"1'"J;l'iÍJïfË:r"i:j3äfi"ï.i


Submit an organ¡zation chart which clearly illustrates the team structurecomprising all firms (joint venture partners, if any, subcontractors); theirrelationship in terms of proposed Services; and key personnel involved and thefollowing information:

(i) Respondent should provide an organization chart which identifies notonly the proposed organizational structure, but also key personnel byname and title. Staffing levels of each organizational unit should beestimated. The specific role of each of the firms/organizations in a teamor joint venture for each task/work activity must be described.

(ii) Respondent must describe the specific role of each of the firms in ateam or joint venture for each task/work activity.

(iii) Respondent should provide an organization chart identifying andshowing the relationships between the Respondent and subcontractors.The generic titles and responsibilities of key personnel to be assigned tothis project by the Respondent and by any subcontractor must beidentified.

6. Dedicated Resources

a) Facilities, Equipment, and Personnel

Describe hosting site facilities, equipment, software engineers, support personnel,communication technologies, and other resources available for implementing theproposed Services, security access into the hosted site, business interruption anddata processing back-up plans in the event of an unforeseen interruption, andsecurity measures concerning unauthorized access to the City's data.

b) Staffing Plan

Provide an assessment of staffing needs for each major activity area by job titleand function. Respondent should identify each primary team member working onstaff with Respondent, as well as those working in a subcontracting capacity.Provide an assessment of staffing needs for each major activity area by job titleand function. The assessment should include full-time equivalents for professionalstaff and supervisors committed to the City of Chicago project including teamstructure, numbers and team management plans to achieve requirements fortransition, implementation and services. Describe how each Help Desk and othersupport personnel will be covered in the event of their sick-leave, vacation, leaveof absence, etc.

Submit resumes for key personnel that will be committed to this engagement.Correlate team members to the tasks they will be performing duringimplementation/transition and on-going operations. For each proposed keypersonnel, describe previous related experience and provide references including:name, address, and telephone number of contact person, and brief description ofwork history. The City reserves the right to conduct background checks on anypersonnel within the scope of this engagement.

L6


Specification No.'l 31418

7. Citation Software and Hosted System ( PART A)

7.A Citation Software

Respondent shall provide a response to the following, as well as to the functionalitychecklist in Attachment 1.

1. Please provide a description of all functionality checked as "Will be Provided" inAttachment 1.

2. Describe the proposed citation software in terms of the technical arch¡tecture (openor proprietary), and the components that comprise the software,

a. Platform (e.9., web-based, iOS app, Android app)b. Describe compatible versions for each of the above platforms (e.9.,

Chrome 35+, iOS 8.0, etc.)c. Requirements of the cellular or wireless networks (e.9., 4G LTE, WiFi,

W|MAX etc.)

3. Describe the process for installing software, testing software, roll-outs, etc., (andthe effect of such changes on mobile devices and any third-party applications, ifany).

4. Describe and include screenshots of the software's user interface including suchitems as ease of use, number of screens, pre-populated fields, drop-down lists,user prompts, logic based on violation type, logic based on values entered intofields, mandatory fields, comment fields, etc.

5. Describe the extent that the software can be configured for new fields or datavalues such as violation code, violation description, fine amount, street names, etc.It is common for fine amounts, violation codes, etc. to be updated. Software shouldbe easily configurable to adapt to these types of routine changes.

6. Describe the extent of the software's capacity to interface, integrate, and/orcommunicate with various applications or databases, including third partyapplications, databases, or application programmer interfaces (APls) in real-time,simultaneously and wirelessly.

7. Describe the software's ability to facilitate effective management of staff includinglocation tracking and monitoring and the recording, monitoring and tracking ofvarious work statuses such as break, lunch and travel time.

8. Describe the software's ability to harness various data sets, develop evidencebased enforcement models and integrate with geospatial and mapping technologiesto assist with the development and enforcement strategies, as well as deploymentand management of resources. Provide a strategy and plan for leveraging thesoftware to assist this enforcement effort and screen shots demonstrating thesoftware's integration with mobile devices.

9. Describe the long{erm support cycle for iOS and Android operating system and formobile devices. lnclude your support timeline for current versions of iOS andAndroid operating systems on current mobile devices (e.9., iOS 8, iOS 9, Android

L7

Mobile Device Software Solution for Parkins Violation citation lssuance and other Violati;tl "#:,:'J,ff[Ëï"i:::fffliSpecification No. 131418

5.0, etc.) and plans to support upcoming versions of these mobile operatingsystems. Also describe the approach to testing compatibility of the proposedsolution on new devices and new operating systems.

10. Describe the software's security features and protocols including user roles,passwords, audit records of transactions and updates, encryption, data security,etc.

11. Describe the secure communication methods between the wireless mobile citationsoftware and the host system including data and photo uploading, downloading andencryption protocols. Provide an architectural diagram of the communication of theapps to any other server.

12. Describe any timed-parking functionality

13. Describe "check and balance" processes to ensure that data and photos for allviolations issued are transmitted to the host system and that no violation data orpictures are lost due to issues with transmission to host system, system failure,deletion from the hardware device, etc.

14. Describe the extent of the citation software's adaptability to other type of violationissuance (for example, CPD Administrative Notice of Violation).

15. Describe data recovery processes in the event of communication or equipmenterror or failure, including system redundancy and disaster mitigation.

16. As mobile devices and mobile operating systems continuously evolve, describe howyour citation software can be adapted, upgraded or modified to be utilized with newtechnology. Provide an architectural diagram of the community of the app to anyother server, describing the security protocols used to communicate between themand encryption that might be used

7.8 Host System

Respondent shall provide a response to the following, as well as to the functionalitychecklist in Attachment 1.

1. Please provide a description of all functionality checked as "Will be Provided" inAttachment 1.

2. Describe the proposed hosted system in terms of the technical architecture (openor proprietary), and the primary hardware and software components that make upthe hosted system.

3. Describe the process for testing new software upgrades, roll-outs, etc., (and theeffect of such changes on mobile devices and any third-party applications, if any).

4. Describe accessibility of data by authorized City of Chicago users (e.g. ability toview data via a desktop, laptop, cell phone, tablet, etc.).

18



5. Describe search-tool/query functionality. List the available parameters.

6. Describe the hosted system's capacity limits in terms of:

a. City data and image content storage

b. length of archived data storage

c. number of users and mobile devices

d. data management and file destruction (Note: Contractor must meet the City'srecord retention requirements

e. real-time performance of transmissions between the proposed mobile device inthe field and the hosted system operations during heavy bandwidth usege.

f. "heavy bandwidth usage" relative to your system's serv¡ce connection to thelnternet and wireless reception

8. Describe data security protocols and measures. Detail the software's securityfeatures and protocols including user roles, passwords, encryption, audit records forall transactions and updates, data security, etc.

9. Describe optional products/services available through the hosted system, e.9.,cloud processing, etc.

10. Describe flexibility and adaptability for the hosted system to accommodatechanges, if changes to the citation software may be required by the City, such as,but not limited to:

a. addition of a new pull-down menu option

b. addition of new data into drop-down tables

c. addition of new functionality and data retention requirements e.9., brokenmeter information is currently required, but other new information may alsoneed to be captured in the future)

d. addition of new technology functionality

e. addition of third-party applications with which to communication/integrate.

11. Describe the wireless method for transferring data and photos from mobile devicesto hosted system.

12. Describe the method for transferring data and photos to CANVAS (see Attachment5 as a sample file format into CANVAS).

13. Describe the standard and ad hoc reporting capabilities (including mobile reportingcapabilities) and features available from the host system. Reports should include,

T9

Mobile Device software solution for Parkins Violation Citation lssuance and other Violatiol I ffl'lrit;;!Ëï.i:::äfijJ.iSpecification No. 131418

but not be limited to productivity reports based on various parameters (PEA,location, time period, etc.), tickets which matched to various lists (boot list, hot-lists,etc.) GPS tracking reports, voided tickets, etc. Provide sample reports andscreenshots of dashboard views.

14. Describe system performance mon¡toring and reporting processes and protocols,including a root cause analysis and resolution implementation.

8. Maintenance for Citation Software and Hosted System ( PART A)

1. Describe the maintenance services provided, the various service plans and types ofservices included in each type (e.9., full-service maintenance agreements -including 2417 availability; software maintenance and support).

2. Describe initial and on-going process for installation, testing, and implementation ofsoftware and software upgrades.

3. Describe the system for tracking system outages, user requests and resolutions.

4. Describe the help desk support service operations (e.9., process for requestingservice, response time for each type of service, service performance guarantees,location help desk, qualifications of lT, etc.

5. Describe the degree and frequency of training to be provided to City personnel,considering the number of full-time PEAs (both City of Chicago employees andthird-party contracted PEAs), CPD personnel (considering 2417 work shifts).Provide a training plan.

6. Describe service escalation provisions and protocols involving various technicalsupport issues that may arise from a City-user perspective for level 1 and level 2(and if applicable, level 3, etc.) scenarios. Provide your definition of each supportlevel.

7. Describe the availability of technical personnel during implementation andthroughout the term of the contract.

8. Discuss the process for software upgrades, updates, patch installations or othersuch changes in software. Process should include test plans, approvals andconsider other integrated software applications or third-party system accessibility.

9. Describe the problem escalation process (above and beyond the help desk)including the involvement of any dedicated client management staff.

10. Describe process for identifying the source of issues and problems ("root causeanalysis") and how the reoccurrence of such issues and problems are prevented.

9. Mobile Wireless Printers ( PART B)

Respondent shall provide the following, as well as to the functionality checklist inAttachment 1.

Please provide the following for each proposed mobile printer device:

20



1. Provide a description of the proposed wireless printer(s).

2. Describe the pros and cons of the proposed mobile wireless printer and expla¡nhow it meets the needs of the City's parking enforcement (or booting) program.

3. Provide a description of the mobile printer's standard battery capacity specificationsand, extended battery spec¡fications, as well as battery chargers.

4. Describe the average number of tickets the proposed mobile printer can hold in itspaper cassette; and the number of tickets that can be printed before the ink mustbe replenished, if applicable; as well as provide an estimated life expectancy of theprinter in terms of tickets produced. Assume a ticket length of 6 inches.

5. List the paper required, if applicable, to be used with proposed printer(s)

6. Provide a description of available accessories and peripheral equipment. Pleaseprovide all options for mobile device accessories such as, but not limited to, thefollowing:

a. spare batteriesb. heavy-duty extended-life batteriesc. protective outer casesd. carrying casese. harnessesf. replacement screensg. other replacement parts

The Respondent must provide a list of wireless printer makes and models, and ticket-papermanufacturer product codes for ticket paper types suitable in size and quality for the City'sprinted ticket for each printer.

10. Maintenance for Mobile Printers ( PART B)

1. Description of the solution for providing maintenance of mobile wireless printers, inorder to meet the needs of the City.

2. Description of maintenance services provided, the various service plans and whattypes of services and hardware/software are included in each type (e.9., full-servicemaintenance agreements - including 2417 availability and all parts and labor; time-and-materialwith replacement parts and accessories price lists.

3. Describe the system for tracking system outages, user requests and resolutions.

4. Describe the service operations (e.9., process for requesting service; response time foreach type of service; service performance guarantees; location of repair facility;inventory controls for parts and materials from suppliers; qualifications of lT, wirelesssupport and hardware repair personnel).

21,

Mobile Device Software Solution for Parking Violation Citation lssuance and Other Violation Ticketing (lncluding Hardware andRe I ated t

" " " i ;:::o::fJ'¡,: "iJln5. Describe how the City's requirement for a "hot-stock-swap-out" shall be managed. The

"hot-stock-swap-out" provision would provide inventory of mobile printers to be readyfor use by the City in the event that any mobile printers in use at the time, are unable tobe repaired in a timely manner. Replacement devices would be required within 48hours. Contractor will be required to maintain an inventory of at least 1Oo/o of the City'scurrent inventory of those items for use as hot-stock-swap-outs.

6. Describe the degree and frequency of training to be provided to City personnel,considering the number of full{ime PEAs (both City of Chicago employees and third-party contracted PEAs) and CPD personnel (considering 2417 work shifts). Provide atraining plan.

7. Describe the help desk support operations for printers. Describe service escalationprovisions and protocols involving various technical support issues that may arise froma City-user perspective for level land level 2 (and if applicable, level 3, etc.) scenarios.Provide your definition of each support level.

11. Paper Products - Parking Tickets and Parking Envelopes ( PART B)

Respondent shall describe all features of the proposed parking ticket paper and parkingticket envelopes. Paper must work with proposed mobile wireless printers and at aminimum, paper stock and printed images, as well as envelopes must be

. Waterproof

. UV-lightfade-resistant

. Fade-resistant

' Able " y'tlì'åjË extreme weather conditions such as:

. -20" F wind-chill. 105'F. 95o/o humidityln addition, City prefers paper stock be tear-resistant.

Further, Respondent should propose parking ticket paper options, such as paper withadhesive strips which can adhere to a vehicle's windshield in lieu of envelopes, etc.

12. Service Level Requirements

The City reserves the right to negotiate Service Level Requirements ("SLR') with theRespondent(s) selected for consideration of award of contract, of which such SLRs shallbe incorporated into the final Agreement. Respondent should acknowledge and discussService Level Requirements in its response. The SLRs, subject to negotiation, include, butare not limited to:

a) lmplementation timelines are met.

b) Providing Level 1 and Level 2 Help Desk support (or equivalent) with resolutionswithin required time frames.

22



c) Required communication speed is met 99% of the time.

d) Citation software, including interfaces to databases/appl¡cations is available 99% ofthe time.

e) Host system is available 99% of the time.

f) Citation photo public website is available 99% of the time

g) Citation software processing and search speed meets minimum requirements.

h) All citation data and applicable photos are transferred to CANVAS on a daily basiswith 100% completeness and accuracy.

i) 95% or more of the total hardware inventory must be operating correctly at fullcapacity during use.

j) Hardware repair/replacement occurs within contractual timelines.

k) Hardware, accessories, paper products, etc. are delivered within contractualtimelines.

13. Pricing Proposal

The Respondent must provide pricing in the format and content as outlined in Exhibit 2 inorder for the Respondent's Proposal to be considered responsive to this section.Proposals that fail to include cost proposal information in Exhibit 2 will be rejected asincomplete and deemed non-responsive.

All costs must, at a minimum, be provided as requested in Exhibit 2. For purposes ofcomparing costs among Respondents, Respondent must not deviate from the formatoutlined in Exhibit 2. The City reserves the right to negotiate a final price, terms, andconditions with selected Respondent.

lf volume impacts unit pricing, volume pricing should be included in cost proposal

The City is requesting detailed information regarding the costs for Citation Software andMobile Printers. All costs should be detailed for each year of the contract. (5 year, plus five1-year extension options, or as may be negotiated). For each of the cost elementsdescribed in the Cost Proposal spreadsheet (one sheet for each of the 5+5 years), indicateunit prices for each line item, multiply the unit price by the estimated quantity, extend thetotal for each line item, and sum all extended pnces.

Pricing should include a stock of immediately available "hot-stock-swap-outs". Hardwaremust be shipped both ways at no cost to the City.

Software costs should include a breakdown of costs for any applicable software seaUusagelicenses.

23

Mobire Device software solution for Parkins Violation citation lssuance and other "'.5j;U'ff;'i:Jïåiï"i::!rffi"1i.i


Unless itemized separately, all unit prices, where applicable, shall include delivery,installation, training, user manuals, insurance, original equipment manufacturer warrantiesand the transfer of applicable product warranties to the City by the Contractor.

lf Respondent would like the City to apply, in evaluating Respondent's pricing, the (1)Preference for Chicago-based businesses, (2) lncentive for Alternatively Fueled Vehicles,or (3) lncentive for Joint Ventures between Veteran-Owned Business Enterprises andSmall Business Enterprises, Respondent must submit the applicable affidavit(s) with itsproposal. A description of these preferences and affidavits may be found in Exhibit 10,Local and Other Preferences: Adjustments to the City Proposal and Affidavits.

14. Minority and Women Business Enterprises Commitment

The Chief Procurement Officer has determined that the nature of the services to beprovided under this Contract are such that neither direct nor indirect subcontractingopportunities will be practicable. Therefore, there will be no stated goals for MBEAffBEparticipation resulting from this Contract. This determination is being made pursuant toSection 2-92-450 of the Municipal Code of Chicago. Refer to the Special ConditionsRegarding Minority Business Enterprise Commitment and Women Business EnterpriseCommitment attached to this RFP as Exhibit 5.

15. Financial Statements

Respondent must provide a copy of its audited financial statements for the last 3 years.Respondents that are comprised of more than one entity must include financial statementsfor each entity. The City will accept a complete set of financial statements on CD-ROM orUSB drive instead of multiple copies, if voluminous for the period requested, but will notaccept a web link. Respondents are required to provide required financial statements insufficient detail for the City to assess its financial condition as part of their proposedsubmission. The City reserves the right to accept or reject any financial documentationother than the financial statements requested by this section.

lf Respondent is unable to provide audited financial statements, state the reasons in yourProposal response and provide financial documentation in sufficient detail to enable theCity to assess the financial condition of your company.

Sufficient alternate documentation would be un-audited financial statements from thoseRespondents not required to have their financial statements audited. At a minimum, thestatements need to be the balance sheets and income statements (or equivalent) for therequested three years. Assets/liabilities and income/ expenses must be presented inadequate detail for the City to assess the financial condition of the Respondent.

16. Economic Disclosure Statement and Affidavit ("EDS") and Attachment A: OnlineEDS Acknowledgement..

Respondent shall complete an Economic Disclosure Statement and Affidavit, AttachmentA: Online EDS Acknowledgement. See Online City of Chicago EDS lnstructions andAttachment A: Online EDS Acknowledgement, in Exhibit 6. lf Respondent is a businessentity other than a corporation, then each member, partner, etc., of Respondent must

24

Mobile Device Software Solution for Parking Violation Citation lssuance and Other Violation Ticketing (lncluding Hardware andRe I ated

" " "' Ë ;::i,:ï¡j' i,: tiJln

complete an EDS, as applicable, per the instructions on the EDS form. ln addition, anyentity that has an interest in Respondent or in one or more of its members, partners, etc.,and ¡s required pursuant to the Municipal Purchasing Act for Cities of 500,000 or MorePopulation (65 ILCS 5/8-10-8.5) or Chapter 2-154 of the Municipal Code of Chicago toprovide a disclosure must submit a completed and executed EDS as an "entity holding aninterest in an Applicant" as described in the EDS. All affidavits must be notarized. Uponcompletion of Online EDS, Respondent shall submit a copy of 2 documents with theirProposal: l) Gertificate of Filing printed from system and 2) hardcopy of theexecuted Attachment A, Online EDS Acknowledgement form .

The Respondent submitting as the prime must submit the above referenced EDSdocuments with its Proposal. Subcontractors may be asked, at the City's discretion, toprovide an EDS during the evaluation process.

17. LegalActions

Respondent must provide a listing and a brief description of all material legal actions,together with any fines and penalties, for the past 5 years in which (i) Respondent or anydivision, subsidiary or parent entity of Respondent, or (ii) any member, partner, etc., ofRespondent if Respondent is a business entity other than a corporation, has been:

a) A debtor in bankruptcy; orb) A plaintiff or defendant in a legal action for deficient performance under a

contract or violation of a statute or related to service reliability; orc) A respondent in an administrative action for deficient performance on a project

or in violation of a statute or related to service reliability; ord) A defendant in any criminal action; ore) A named insured of an insurance policy for which the insured has paid a claim

related to deficient performance under a contract or in violation of a statute orrelated to service reliability; or

f) A principal of a bond for which a surety has provided contract performance orcompensation to an obligee of the bond due to deficient performance under acontract or in violation if a statute or related to service reliability; or

g) A defendant or respondent in a governmental inquiry or action regardingaccuracy of preparation of financial statements or disclosure documents.

The City reserves the right to request similar legal action information from Respondent'steam members during the evaluation process.

18. lnsurance

Respondent should include a statement that they can comply with the City's insurancerequirements. Prior to contract award, the selected Respondent will be required to submitevidence of insurance in the amounts specified in the attached Exhibit 7.

25

Mobile Device Software Solution for Parking Violetion Citation lssuance and Other Violation Ticketing (lncluding Hardware andRelated Consumable Purchase Options)

Specification No.'131418

VII. EVALUATING PROPOSALS

A. Evaluation Process

An Evaluation Committee, which will include the representatives from the Department ofFinance, the Department of Procurement Services and may include representatives of otherdepartments of the City ("Evaluation Committee" or "EC") will review and evaluate theProposals, as described below.

ln evaluating Proposals, the EC will first consider the completeness and responsiveness of theRespondent's Proposal. The Proposal evaluation process is organized into three phases:

Phase l - PreliminaryProposalAssessmentPhase ll - Proposal EvaluationPhase lll - Site Visits, ProduclSystem Demonstration and/or Oral Presentations (if

necessary)

Phase l- Preliminary Proposal Assessment

Phase I will involve an assessment of the Respondent's compliance with and adherence to allsubmittal requirements requested in Section Vl B, Required Content of the Proposal.Proposals which are incomplete and missing key components necessary to fully evaluate theProposal may, at the discretion of the EC, be rejected from further consideration due to "non-responsiverìess" and rated Non-Responsive. Proposals providing responses to all sections willbe eligible for detailed analysis in Phase ll, Proposal Evaluation.

Phase ll - Proposal Evaluation

ln Phase ll, the EC will evaluate the extent to which a Respondent's Proposal meets therequirements set forth in the RFP. Phase ll will include a detailed analysis of the Respondent'squalifications, experience, proposed software solution, host system, implementation andmanagement plan, cost proposal, as well as PART B hardware and related consumableoptions, and otherfactors based on the evaluation criteria outlined in Section Vll. B, EvaluationCriteria.

As part of the evaluation process, the EC will review the information required by Section Vl, foreach Proposal received. The EC may also review other information gained by checkingreferences and by investigating the Respondent's financial condition.

The City reserves the right, after advertisement of the RFP, to refine the Scope of Services,with appropriate notice. Further, if, upon receipt of Proposals, the City wishes to makerefinements to the Scope of Services, it may, depending upon the circumstances, provide therevision to all Respondents and invite revised proposals from the Respondents based upon therevised Scope of Services.

The City reserves the right to seek clarification of any information that is submitted by anyRespondent in any portion of its Proposal or to request additional information at any timeduring the evaluation process. Any material misrepresentation made by a Respondent mayvoid the Proposal and eliminate the Respondent from fufiher consideration.

26

Mobile Device Software Solution for Parking Violation Citation lssuance and Other Violation T¡cketing (lncluding Hardware andRelated Consumable Purchase Options)


The City reserves the right to enlist independent consulting services to ass¡st with theevaluation of all or any portion of the Proposal responses as it deems necessary.

B. Evaluation Griteria

ln Phase ll, the Evaluation Committee will review the Respondent's Proposal to determineoverall responsiveness and completeness of the Proposal with respect to the componentsoutlined in the RFP, and as relates to PART A, primarily, and PART B, secondarily, asdescribed in this RFP, using the following criteria (not necessarily listed in order of importance)as applicable:

t. Professional and Technical Competence

a) Ability to provide the Services described in the RFP, including capacity to performthe Scope of Services described in Exhibit 1 of this RFP.

b) Professional Qualifications and Specialized Experience of Respondent and itsTeam on projects of similar scope and magnitude (e.9., specifically with respect tolarge organizations, and government agencies).

c) Professional Qualifications and Specialized Experience of Respondent's KeyPersonnel (and Team Members) and LocalAvailability of Key Personnel committedto the City of Chicago.

d) References / Past and Current Pedormance of the Respondent (and Teammembers) on other contracts in terms of quality of services, operating within budgetand compliance with performance schedules. The Committee may solicit fromcurrent and/or previous clients including the City of Chicago, other governmentagencies, or any available sources, relevant information concerning theRespondent's record of performance.

2. Quality, Comprehensiveness and Adequacy of the proposed Software Solution, HostSystem, lmplementation and Management Plan including ability to meet service levels,capacity to support the project based on staffing plan including supervisory keypersonnel who will manage and oversee program.

The Evaluation Committee will review each Proposal for the Respondent'sunderstanding of the objectives of the Services and how these objectives may be bestaccomplished. Each Respondent will be evaluated on their overall strategy,methodology and approach to meeting the City's service level needs.

3. Technical Specifications of proposed Citation Software and Mobile Printers. Transitionplan to coordinate with existing Vendor on the implementation plan and comprehensivetraining plan for PARTS A and PARTS B with training documentation.

4. Service, Support and Maintenance Plan, as relates to PARTS A and PARTS Bdescribed in this RFP, including, but not limited to, the assessment of solutionsproviding convenience and user-friendliness, and an inclination to providing immediateand proficient service of equipment replacement parts and repair, softwaremaintenance, capacity, versioning, compatibility issues, patches and upgrades; help-desk availability; general enhancements, and other future technology

27


Specifìcation No. 131418

applications/enhancements involving the proposed hardware and related consumablepurchase options, software, and hosted solution.

5. Pricing/Cost Proposal. The City will consider completeness and adequacy of cost asper the Cost Proposal, Exhibit 2. ln evaluating the reasonableness of proposed costs,the City may apply: (1) Preference for Chicago-based businesses, (2) lncentive forAlternatively Fueled Vehicles, (3) lncentive for Joint Ventures between Veteran-OwnedBusiness Enterprises and Small Business Enterprises., as applicable.

6. Legal Actions - The EC will consider any legal act¡ons, if any, against Respondent andany division, subsidiary or parent company of Respondent, or against any member,partner, etc., of Respondent if Respondent is a business entity other than acorporation.

7. Financial Stability - The EC will consider the financial condition of Respondent.Respondent must be financially stable to ensure performance over the duration of thecontract.

8. Compliance with Laws, Ordinances, and Statutes. The EC will consider Respondent'scompliance with all laws, ordinances, and statutes governing the contract. See OnlineCity of Chicago EDS lnstructions and Attachment A, Online EDS Acknowledgementform in Exhibit 6.

9. Degree to which the Respondent accepts the City's Terms and Conditions in thesample Professional Services Agreement in Exhibit 9 enabling the City to successfullynegotiate a contract.

10. Conflict of lnterest - The EC will consider any information regarding Respondent,including information contained in Respondent's Proposal, that may indicate anyconflicts (or potential conflicts) of interest which might compromise Respondent's abilityto satisfactorily perform the proposed Services or undermine the integrity of thecompetitive procurement process. lf any Respondent has provided any services for theCity in researching, consulting, advising, drafting, or reviewing of this RFP or anyservices related to this RFP, such Respondent may be disqualified from furtherconsideration.

VIII. SELECTION PROCESS

After the Evaluation Committee ('EC") completes its review of Proposals in Phase ll, it maysubmit to the Comptroller and Chief Procurement Officer a recommended short list ofRespondents (Phase lll), or the EC may forego Phase lll and submit a recommendation toselect one Respondent, or a recommendation to reject any or all Proposals.

Phase lll- Site Visit, ProducUSystem Demonstration (Optional) and/or Oral Presentations

lf the EC submits a short list of Respondents for further review, then, in the sole discretion ofthe Chief Procurement Officer, those short-listed Respondents may be subject to a site visit,producVsystem demonstration and/or be invited to appear before the Evaluation Committee foran oral presentation to clarify in more detail information what was submitted in Respondent'sProposal; and/or to ask Respondent to respond to additional questions.

28


Specification No. 13141 ILive Demonstrat¡on and Test¡nd of S re and PART A and B Reouirements

Additionally, the short-listed Respondent shall be required to install its proposed citationsoftware into working samples of mobile devices and CPD Toughbooks in order to provide alive hands-on demonstration to the EC, for practical evaluation, not limited to printing ofparking tickets and test¡ng of parking ticket paper and envelopes, if applicable.

The Respondent shall be required to provide a demonstration of all functionality as describedin the RFP submittal. This includes a fully functional search of the current parking meter pay-by-cell Vendor's database. Note: the Respondent should describe any functions which maynot be demonstrated because of any limitations. All demonstrations must be provided to theEC (as may be reasonably scheduled) and at no charge to the City.

The Respondent must allow the City to test the proposed software and equipment for amaximum trial period of up to 2-months (at the City's option) in order to evaluate the proposedproducts and performance characteristics under real working conditions. Respondents will berequired to provide training to select DOF users.

Before commencement of the trial period, each selected Respondent must sign the TestingAgreement as shown in Exhibit 11 and submit current insurance certificate evidencingcoverage in Exhibit 7. All costs required for the live demonstration and testing period shall beborne by the Respondent (except for City personnel costs).

Hosted system operability, reporting, management tools and data analysis capability shall alsobe demonstrated and tested.

Following oral presentations and/or demonstrations, the Evaluation Committee will make afinal evaluation of the Respondents and submit its recommendation to the City Comptroller.Such recommendation may be to enter into negotiations with only one Respondent or may beto enter into negotiations with more than one Respondent.

Upon receipt of the EC's recommendation, the City Comptroller will submit a decision(concurrence or rejection of the EC's recommendation) to the Chief Procurement Officer. TheChief Procurement Officer shall then consider the City Comptroller's recommendation andexercise her authority to either notify the Respondent(s) to enter into contract negotiations orreject the recommendation and offer alternate options.

The City will require the selected Respondent(s) to participate in contract negotiations. lnorder to award a contract that represents the best value to the City, as determined by the CityComptroller and the Chief Procurement Officer, the City reserves the right to enter intoconcurrent competitive price negotiations with one or more qualified Respondent(s). TheCity's requirement that a selected Respondent negotiate is not a commitment by the City toaward a contract.

The City reserves the right to terminate this RFP solicitation at any stage if the ChiefProcurement Officer determines this action to be in the City's best interest. The receipt ofProposals or other documents will in no way obligate the City of Chicago to enter into anycontract of any kind with any party.

29



IX. ADDITIONAL DETAILS OF THE RFP PROCESS

A. Addenda

lf it becomes necessary to revise or expand upon any part of this RFP, an addendumwill be sent (electronically or by mail) to all of the prospective Respondents listed on the"Take Out Sheet" prior to the Proposal due date. A copy of addenda associated withthis RFP specification number will also be posted on the City of Chicago Department ofProcurement Services' website and may be downloaded in lieu of being sent theaddendum. Prospective Respondents are listed on the Take Out Sheet when they pick-up a copy of the RFP package from the Bid & Bond Room and leave a business card,e-mail [email protected] or call in to the Bid & Bond Room to registertheir company as having downloaded a copy of the RFP prior to the Proposal due date.Each addendum is incorporated as part of the RFP documents, and the prospectiveRespondent should acknowledge receipt.

Respondents are solely responsible for acquiring the necessary information ormaterials from the Bid and Bond room.

Copies of the take-out list, and any addenda, are available from the Department ofProcurement Services Bid & Bond Room 103, City Hall, 121 North LaSalle Street,Monday-Friday, 8:30 a.m. - 4:30 p.m.; 312-744-9773; and via the lnternet at theDepartment of Procurement Services website: www.citvofchicaqo.orq/Procurement

An addendum may include, but will not be limited to, the following:

1. Responses to questions and requests for clarification sent to the Department ofProcurement Services; or

2. Responses to questions and requests for clarification raised at the Pre-ProposalConference; or

3. Responses to questions and requests for clarification which were sent in by thedeadline for submission of questions; all in accordance with the provisions ofSection V 4.1 herein.

B. Cíty's Rights to Reject Proposals

The City of Chicago, acting through its Chief Procurement Officer, reserves the right toreject any and all Proposals that do not conform to the requirements set forth in thisRFP; or that do not contain at least the information required by this RFP. lf noRespondent is selected through this RFP process, then the Chief Procurement Officermay utilize any other procurement method available under the Municipal PurchasingAct and the Municipal Code of Chicago, to obtain the Services described in this RFP oras may othenryise be so required.

C, No Liability for Cosfs

The City is not responsible for costs or damages incurred by Respondents, member(s),partners, subcontractors, or other interested parties in connection with the RFPprocess, including but not limited to costs associated with preparing the Proposal

30


Specification No. 1 3141 Iand/or participating in any conferences, site visits, demonstrations, oral presentationsor negotiations.

D. Prohibition on Ce¡tain Contributions.- Mayoral Executive Order No. 2011-4

No Contractor or any person or entity who directly or indirectly has an ownership orbeneficial interest in Contractor of more than 7.5o/o ("Owners"), spouses and domesticpartners of such Owners, Contractor's Subcontractors, any person or entity whodirectly or indirectly has an ownership or beneficial interest in any Subcontractor ofmore than 7.5% ("Sub-owners") and spouses and domestic partners of such Sub-owners (Contractor and all the other preceding classes of persons and ent¡ties aretogether, the "ldentified Parties"), shall make a contribution of any amount to the Mayorof the City of Chicago (the "Mayor") or to his political fundraising comm¡ttee during (i)the bid or other solicitation process for this Contract or Other Contract, including whilethis Contract or Other Contract is executory, (ii) the term of this Contract or any OtherContract between City and Contractor, and/or (iii) any period in which an extension ofthis Contract or Other Contract with the City is being sought or negotiated.

Contractor represents and warrants that since the date of public advertisement of thespecification, request for qualifications, request for proposals or request for information(or any combination of those requests) or, if not competitively procured, from the datethe City approached the Contractor or the date the Contractor approached the City, asapplicable, regarding the formulation of this Contract, no ldentified Parties have made acontribution of any amount to the Mayor or to his political fundraising committee.

Contractor shall not: (a) coerce, compel or intimidate its employees to make acontribution of any amount to the Mayor or to the Mayor's political fundraisingcommittee; (b) reimburse its employees for a contribution of any amount made to theMayor or to the Mayor's political fundraising committee; or (c) bundle or solicit others tobundle contributions to the Mayor or to his political fundraising committee.

The ldentified Parties must not engage in any conduct whatsoever designed tointentionally violate this provision or Mayoral Executive Order No. 2011-4 or to entice,direct or solicit others to intentionally violate this provision or Mayoral Executive OrderNo. 2011-4.

Violation of, non-compliance with, misrepresentation with respect to, or breach of anycovenant or warranty under this provision or violation of Mayoral Executive Order No.2011-4 constitutes a breach and default under this Contract, and under any OtherContract for which no opportunity to cure will be granted. Such breach and defaultentitles the City to all remedies (including without limitation termination for default)under this Contract, under Other Contract, at law and in equity. This provision amendsany Other Contract and supersedes any inconsistent provision contained therein.

lf Contractor violates this provision or Mayoral Executive Order No. 2011-4 prior toaward of the Contract resulting from this specification, the CPO may reject Contractor'sbid.

For purposes of this provision

31



"Other Contract" means any agreement entered into between the Contractor and theCity that is (i) formed under the authority of MCC Ch.2-92; (ii) for the purchase, sale orlease of real or personal property; or (iii) for materials, supplies, equipment or serviceswhich are approved and/or authorized by the City Council.

"Contribution" means a "political contribution" as defined in MCC Ch. 2-156, asamended.

"Politicalfundraising committee" means a "politicalfundraising committee" as defined inMCC Ch. 2-156, as amended.

E. False Súafemenús

1. 1-21-010 False Statements

Any person who knowingly makes a false statement of material fact to the city inviolation of any statute, ordinance or regulation, or who knowingly falsifies anystatement of material fact made in connection with an application, report, affidavit,oath, or attestation, including a statement of material fact made in connection with abid, proposal, contract or economic disclosure statement or affidavit, is liable to thecity for a civil penalty of not less than $500.00 and not more than $1,000.00, plusup to three times the amount of damages which the city sustains because of theperson's violation of this section. A person who violates this section shall also beliable for the city's litigation and collection costs and attorney's fees.

The penalties imposed by this section shall be in addition to any other penaltyprovided for in the municipal code. (Added Coun. J.12-15-04, p. 39915, S 1)

2. 1-21-020 Aiding and Abetting

Any person who aids, abets, incites, compels or coerces the doing of any actprohibited by this chapter shall be liable to the city for the same penalties for theviolation. (Added Coun. J.12-15-04, p. 39915, S 1)

3. 1-21-030 Enforcement

ln addition to any other means authorized by law, the corporation counsel mayenforce this chapter by instituting an action with the department of administrativehearings. (Added Coun. J. 12-15-04, p. 39915, S 1)

F. Title Vl Solicitation Notice

The City in accordance with the provisions of Title Vl of the Civil Rights Act of 1964 (78Stat. 252, 42 U.S.C. SS 2000d to 2000d-4) and the Regulations, hereby notifies allbidders that it will affirmatively ensure that any contract entered into pursuant to thisadvertisement, disadvantaged business enterprises will be afforded full and fairopportunity to submit bids in response to this invitation and will not be discriminatedagainst on the grounds of race, color, or national origin in consideration for an award.

32


Specification No. 1 3141 IEXHIBIT I

SCOPE OF SERVICE

33


Specification No. 1 314'1 8

OVERVIEW

The Contractor must provide mobile citation issuance software and a back-end hosted systemfor citation reporting and management. Contractor must also host and maintain a securepublic webpage for motorists to view violation pictures. Contractor must provide all softwareinstallation, implementation, maintenance and suppoÉ including help desk and training.

The Contractor must offer, for purchase at City's option, wireless printers compatible withvarious mobile devices, park¡ng ticket paper stock for the printers, parking ticket envelopes, ifapplicable, and hardware accessories such as, but not limited to cases, batteries, otherappurtenances, and, in addition, hardware maintenance and repair support. Contractor will beresponsible for all maintenance and support of hardware purchased via this contract.Contractor may offer, for purchase at City's opt¡on, Mobile Devices, as well as maintenanceand support of any Mobile Devices purchased via this contract.

Contractor must be prepared to provide the City with Transition Services to "bridge"Contractor's system to a new system if necessary in the event of the City's transition over to anew Vendor or other solution, the termination or expiration of the contract, any unforeseenevent causing a business outage or other such interruption, or breach of contract by theContractor. At a minimum, the City shall, at no extra cost, be granted all software usagesurvival rights for the sole purpose of sustaining the City's ability to use the software until suchtime that new /replacement citation software is provided, tested, and approved.

The Contractor will be required to provide a dedicated client manager to the City's account tomanage all aspects of the contract, ensure Contractor contract compliance and to whichproblems can be escalated.

The Contractor will be required to monitor and report Service Level Requirement complianceon a monthly basis to the City.

The City is required to be notified prior to the change of any key personnel, including thededicated client manager.

N SOFTWARE

Contractor must provide mobile citation issuance software for City parking and complianceviolations. The software must be able to be downloaded on and adapted to various mobiledevices such as smartphones and tablets. The software should be user-friendly and facilitatethe efficient issuance of parking and compliance tickets by City ticket issuing users withfeatures including, but not limited to minimal number of screens, pre-populated fields whereavailable, drop down lists, user prompts, logic based on violation type, logic based on valuesentered into fields, mandatory fields, comment field, automated search functionality, etc.

The citation software must, using secure encrypted protocol or other available securetechnologies, interface, integrate and/or communicate with various databases and/orapplications, including third parly databases and/or applications, simultaneously, wirelesslyand in real-time. Such applications or databases include, but are not limited to, GPS, parkingmeter pay-by-cell, expired city sticker or license plate, boot eligibility, vehicle registration andpermit databases or applications. lnterfaces with City or third-party systems will be definedover the term of the contract and be implemented as needed.

34

Mobile Device Software Solution for Parking Violation Citation lssuance and OtherViolation Ticketing (lncluding Hardware andRelated Consumable Purchase Options)


The software should be highly configurable and allow for easy updates of violation types, fineamounts, etc. The software must assign unique violation numbers from a pool of numbersass¡gned by the City. The violation numbers are assigned sequentially and can never beassigned more than once.

The citation issuing sofh/vare should be highly secure and comply with the City's data securityprotocols. (See Attachments 2 and 3) Security access based on user roles must be provided.Each user will require a user lD and will only be able to access the software with a password.All data transfers must adhere to strict data transfer protocol and must be approved by theCity.

Contractor must implement processes to ensure that data and photos for all violations issuedare transmitted to the host system and that no violat¡on data or pictures are lost due to issueswith transmission to host system, system failure, deletion from the hardware device, etc.Contractor must ensure data recovery processes are in place in the event of lost data orequipment.

software should facilitate the capturing of pictures to support a violationrequired to be associated with a violation.

Multiple pictures are

The software should print violations in the format prescribed by the City. The issuing officer'ssignature, in the form of a digital signature, must print on the violation. Violations must be ableto be re-printed if needed.

The solution should allow for adaptation to other type of violation issuance (for example, CPDAdministrative Notice of Violation), and the software should allow for the data capture of non-violation information such as broken meters, loading zones, etc.

The software should incorporate and or integrate with other types of functionality such as LPR,GPS, timing/chalking, and/or RFID and populate fields within the software via suchfunctionality.

Software should work with commodity, industrial or ruggedized mobile devices such as smartphones, tablets, laptops or other mobile handheld devices; and recent versions of standardoperating systems. Android, iOS, and Microsoft Windows (not including Windows Mobile orWindows RT).

Citation software should integrate with the data analytics component proposed so that PEAsare assigned routes, are guided through assigned routes and can efficiently maneuver fromthe map routing screen to violation issuance screens and back.

The citation software should have mobile reporting capability for the issuing officer and/orsupervisor. Reports include, but are not limited to, number of tickets issued, number of ticketsvoided, GPS reports, GPS staff location, etc.

The Contractor must maintain a test or development environment for testing, including useracceptance testing, of all changes, upgrades, updates to the citation issuance softwareseparate from the production environment.

The Contractor must maintain a secure data and photo backup environment

35



HOST SYSTEM

Contractor must provide a back-end hosted software solution for effective reporting andmanagement of violation data, violation photo management, reporting and proficientmanagement of ticket issuers.

The host system should be user-friendly, mobile, and provide robust dashboard and reportingand analytical capabilities. The system should integrate with GPS to enable efficient andeffective tracking of mobile devices, real-t¡me and historically, for management to effectivelycoordinate and assign resources and monitor productivity.

Contractor will be respons¡ble for system performance monitoring and reporting all issues,including a root cause analysis and resolutions, to the City.

The host system should have expandable capacity and not limit the number of users or mobiledevices.

The system should communicate securely with handhelds wirelessly and in real-time.Currently the City plans to use Verizon as its wireless carrier. The City's wireless carrier maychange during the life of this contract and Vendor is expected to adapt.

The contractor should maintain and manage databases (broken meter, etc.) and communicatewith third-party databases in real-time as required by City.

A secure website must be made available to motorists to view pictures associated withviolations. The website must be accessible via a link from the City's webpage to the public.The motorist will be able to view only the pictures associated with their violation by entering aviolation number and license plate. The look and feel of the website will match the City'swebsite.

Contractor will be required to securely transfer, in a manner prescribed by the City, violationdata and photos to the City for upload into its CANVAS system.

The host system should be highly secure and comply with the City's data security protocols.Security access based on user roles must be provided. Each user will require a user lD andwill only be able to access the software with a password. All data transfers must adhere tostrict data transfer protocol and must be approved by the City.

Contractor must implement processes to ensure that data and photos for all violations issuedare transmitted from the citation software to the host system, as well as from the host systemto the Canvas system, and that no violation data or pictures are lost due to issues withtransmission to host system, system failure, deletion from the hardware device, etc. Contractormust ensure data recovery processes are in place in the event of lost data or equipment.

ln support of the citation software, its integration with mobile devices and its mobile reportingcapability, the Contractor shall be able to harness various data sets, geospatial technologiesand evidence-based enforcement data models to more efficiently and effectively deploy staff towhere parking enforcement should take place.

The data analytic component of the solution is intended to enhance existing enforcementmethods. These enhancements shall provide for the following (at minimum):

f . identification of data sets relevant to enforcement and routing of PEAs;

36

Mobire Device software solution for Parkins Violation citation lssuance and other "'.ä|oaH'ff1'iil,ff[i::"i:j3äfi"å]


2. development of a model based on parking and enforcement data sets;3. identification of opportunity/gaps in current enforcement based on ticket type and area

parking restrictions;4. weight/score opportunities by area, time and day;5. integration with citation software and mobile devices;6. establishment of clear and efficient routes for PEAs'7. provide a real time dashboard for supervisors and Å"n"g"r"nt to monitor and track

PEA location and performance; and8. update model throughout the course of its use (greater collection of data, evaluation of

results and reinvestment of resources).This functionality may be leveraged to manage and coordinate PEAs and Booters

The contractor shall maintain a test or development environment for testing, including useracceptance testing, of all changes, upgrades, updates to the host system.

Data and photos are required to be maintained throughout the life of the contract andContractor must comply with all City data retention requirements. The database, files, photos,and other information shall be made accessible to City of Chicago through a standarddatabase connection, application programmer interface, or through regular file extracts. Datashould be available to the City within 24 hours of being recorded. Data and photos will betransferred to the City at the end of the contract.

SOFTWARE AND HOST SYST MAINTENANCE AND SUPPORT

Software installation, maintenance and support, upgrades, patches, and the like, must besustained throughout the term of the contract and any extensions thereof. The impact of anychange in software must be tested and approved by the City, in order to ensure that allsoftware systems, including other integrated software databases are not negatively affected.

Contractor will provide a help desk for problem reporting and questions. Contractor will providea toll-free number for such help-desk as well as an email address to which to report issues.Help desk responses will be required to be provided according to negotiated SLA requirementsbased on the level of urgency.

Contractor will provide citation issuance software and host system training to users, includingDOF, CPD and other designated users during implementation and throughout the term of theAgreement, as needed. All training materials are to be provided by the Contractor.

A sufficient number of qualified on-site technical personnel shall be provided duringimplementation and as needed during the term of the Agreement.

Contractor shall provide a help desk for City users to report citation software and host systemissues with various levels of support and resolution time requirements based on the severity ofthe issue (i.e. Level 1, Level 2, Level 3, etc.). Help desk support may be required 24 hours perday and 7 days per week. Contractor shall maintain a system for tracking system outages,user requests, and resolution.

37

Mobile Device Software Solution for Parking Violation Citation lssuance and OtherViolation Ticketing (lncluding Hardware andRelated Consumable Purchase Options)

Specification No. 1 3141 IHARDWARE and ACCESSORIES

ìf the City elects to purchase hardware from Contractor, Contractor must prov¡de suchhardware to the City for use ¡n the parking enforcement program. Hardware and accessor¡esmay include mobile wireless printers for parking and compliance ticket issuance, mobile printeraccessories, park¡ng ticket paper and parking ticket envelopes and Mobile Devices, ifapplicable. Contractor will be required to provide maintenance and support for any hardwarepurchased via this contract.

Devices must be highly secure and protect the City's data. Mobile devices must meet theCity's data security requirements.

Mobile Printers

The City may elect to purchase mobile printer devices from Contractor to print parking andcompliance violations on parking ticket paper. Printers must print violations in the formatprescribed by the City and function in extreme weather conditions, including rain and snow,and such as:

i. -10"F

ii. -20" F wind-chill

iii. 105'F

iv. 95% humidity

lf the City elects to purchase mobile printer devices for the booting program, Contractor willprovide such mobile printers to the City for use in the booting program. Mobile printers arerequired to print boot forms in the format prescribed by the City.

Vendor may be required to provide accessories for mobile printers purchased pursuant to aContract resulting from this RFP including, but not limited to:

a. spare batteriesb. heavy-duty extended-life batteriesc. protective outer casesd. carrying casese. harnessesf. replacement screensg. other replacement parts

HARDWARE MAINTE AND SUPPORT

lf applicable, wireless printer maintenance and support, including device repair, must besustained throughout the term of the contract and any extensions thereof. The impact of anychange in hardware must be tested and approved by the City.

38

Mobile Device software Solution for Parkins violation citation lssuance and other Violati;1tjffl':,Jï[Ë::"ff::ifi"ïrj


Contractor will provide a help desk for problem report¡ng and questions. Contractor willprovide a toll-free number for such help-desk as well es an email address to which to reportissues. Help desk responses will be required to be provided according to negotiated SLArequirements based on the level of urgency.

Contractor will provide wireless printer training to users, including DOF, CPD and otherdesignated users during implementation and throughout the term of the Agreement, asneeded. All training materials are to be provided by the Contractor.

A sufficient number of qualified on-site technical personnel shall be provided duringimplementation and as needed during the term of the Agreement.

Contractor shall provide a help desk for City users to report hardware issues with variouslevels of support and resolution time requirements based on the severity of the issue (i.e. Level1, Level 2, Level 3, etc.). Help desk support may be required 24 hours perday andT days perweek. Contractor shall maintain a system for tracking system outages, user requests, andresolution.

PARKING TICKET PAPERContractor must provide an option for the purchase of ticket paper for parking and complianceticket issuance. (See Attachments 4 and 6)

Parking ticket paper should

1. Sustain legibility after the images are imprinted.

2. Be suitable for the wireless printe(s) proposed or those selected by the City.

3. Cause minimaljamming after loading into the mobile printer.

4. Result in consistent uniformity in size of paper and font.

5. Result in maximum printer-cutter blade cutting effectiveness, if applicable.

6. Adhere to windows in all weather conditions, if applicable.

7. Enable all printed images to be waterproof, UV-light fade-resistant, and fade-resistant while exposed to extreme weather conditions such as:

i. -10'F

ii. -20" F wind-chill

iii. 105'F

iv. 95% humidity

8. Maintain normal handling as would reasonably be expected by the users andmotorist:

39


Specification No. 1 3141 Ii. without tearing or damage during normal handling

i¡. without loss of any legibility of the printed images

PARKING TICKET ENVELOPES

Contractor must provide an option for the purchase of parking ticket envelopes, if applicableParking ticket envelopes will be in the form prescribed by the City. (See Attachment 4)

Parking ticket envelopes should.

1. Enable all printed images to be waterproof, UV-light fade-resistant, and fade-resistantwhile exposed to extreme weather conditions such as:

i. -10"F

ii. -20"Fwind-chill

¡ii. 105" F

iv. 95% humidity

2. Maintain normal handling as would reasonably be expected by the users and motorist

i. without tearing or damage

ii. without loss of peel-and-stick adhesive properties during normalhandling

¡ii. without loss of any legibility of the printed images

40

Mobile Device Sofhivare Solution for Parking Violation Citation lssuance and Other Violation Ticketing (lncluding Hardware andRelated Consumable Purchase Options)

Specification No. 13141 I

ExHlBlT 2: PRICING/COST PROPOSAL

4I

year

blank)1î-=:-

ia:l::ili

PER

(fill ¡n if

year

year

year

¡nstance

Thousand

]]ckets

Unit ofMeasure

C¡tat¡on Software L¡cense

Software Enhancements

Software Ma¡ntenance

Software Support

Web Hosted site

2Help Desk support

"ln¡t¡al one-t¡me implementation

Mobile Pr¡nter Dev¡ce

Batteries

Battery Charger

Accessories for proposed mobile

hardware device(s) (e.g., holders, beltclips, ruggedized case, screen savers,

replacement screens)

Mob¡le Device (OPTIONAL)

Mobìle Pr¡nter Ma¡ntenance

Mobile Device Ma¡ntenance (ifapplicable)

Pr¡nted Parking T¡cket Paper

Printed Park¡ng T¡cket Envelopes

List any other costs, ¡ncluding opt¡onal

items proposed, and provide deta¡led.lêq.rintiôñç

^f thÊcÊ ¡têm(

number) and/or describe what is included w¡th each ¡tem/option proposed.

2 Describewhatis¡ncluded¡nsupport. Prov¡depr¡c¡ngopt¡onsforbusinesshoursonly,weekdaysonly,24xT,addit¡onalhours,etc.

deployment


Specification No. 1 3141 IEXHIBIT 3

COMPANY PROFILE INFORMATION

Submit a completed company prof¡le information sheet for prime, each jo¡nt venture partner andsubcontractor(s), as appl¡cable.

(1) Legal Name of Firm

(2) Doing Business under Other Company Name?

lf yes, Name of Company

(3) HeadquartersAddress:

(4) City, State, Zip Code:

(5) Web Site Address:

(6) Proposed Role: t- Prime L Subcontractor/Subconsultant t-l Joint Venture Partner

l Supplier or l Other:

(7) Number of Years in Business:

(8) Total Number of Employees:

(9) TotalAnnual Revenues separated by last 3 full fiscal years

(10) Major Products and/or Services Offered

(1 1) Other Products and/or Services:

(12) Bríefly describe your firm's strategy for providing Mobile Device Software Solution for Parking

Violation lssuance and Other Violation Ticketing Services for clients:

(13) Briefly describe your firm's experience with Mobile Device Software Solution for Parking Violation

lssuance and Other Violation Ticketing Services for clients:

42

Mobile Device Software Solution for Parking Violation Citation lssuance and Other Violation Ticketing (lncluding Hardware and

Related Consumable Purchase Options)Specification No.'1 3141 I

EXHIBIT 4

coMPANY REFERENCES/CLTENT PROFTLE r NFORMATTON

Submit a completed client prof¡le information sheet for each company reference. Provide am¡n¡mum of 3 references.

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

Client Name

Address:

City, State, Zip Code:

Project Manager:

Telephone Number:

E-mail:

Number of Employees in Client Organization:

Project Scope of Services/Goals

(9) Contract Award Date

(10) lnitial Contract Amou nt:

Completion Date

Final Contract Amount: ß

(1 1) Describe how the client's goals were met. Describe the Mobile Device Software Solution for

Parking Violation Citation lssuance and Other Violation Ticketing (lncluding Hardware and Related

Consumable Purchase Options) Services offered and implemented. Attach additional pages, as

necessary.

(12) Discuss significant obstacles to providing the required services and how those obstacles were

overcome:

(13) ls the client still utilizing the Mobile Device Software Solution for Parking Violation lssuance and

Other Violation Ticketing Services?

(1a) What was the cost/financing structure of the contract?

43

EXHIBIT 5BE SPECIAL CONDITIONS AND SCHEDULES

1. SPECIAT CONDITIONS REGARDING MINORITY BUSINESS ENTERPRISE COMMITMENT AND WOMEN BUSINESS

ENTERPRISE COMMITMENT FOR COMMODIT¡ES OR SERVICES

L.l. Policy and Terms

It is the policy of the City of Chicago that Local Businesses certified as Minority Owned Business Enterprises(MBE) and Women Owned Business Enterprises (WBE) in accordance with Section 2-92-420 et seq. of theMunicipal Code of Chicago and Regulations Governing Certification of Minority and Women-owned Businesses

and all other Regulations promulgated underthe aforementioned sections of the Municipal Code, as well as

MBEs and WBEs certified by Cook County, lllinois, will have full and fair opportunities to participate fully in theperformance of this contract. Therefore, the Contractor will not discriminate against any person or businesson the basis of race, color, sex, gender identity, age, religion, disability, national origin, ancestry, sexualorientation, marital status, parental status, military discharge status or source of income and will takeaffirmative action to ensure that women and minority businesses will have the maximum opportunity tocompete for and perform subcontracts for supplies or services.

The Chief Procurement Officer has determined that the nature of the services to be provided under thisContract are such that neíther direct nor indirect subcontracting opportunities will be practicable.Therefore, there will be no stated goals for MBE/WBE part¡cipat¡on resulting from this Contract. Thisdetermination is being made pursuant to Section 2-92-450 of the Municipal Code of Chicago.

Pursuant to Section 2-92-430 of the Municipal Code of Chicago, the Chief Procurement Officer has establisheda goal of awarding not less Than 25% of the annual dollar value of all non-construction contracts to certifiedMBEs and 5% of the annual dollar value of all non-construction contracts to certified WBEs.

Accordingly, the Contractor commits to make Good Faith Efforts to expend at least the following percentages

of the total contract price (inclusive of any and all modifications and amendments), if awarded, for contractparticipation by MBEs and WBEs:

MBE Percentage

0%

WBE Percentage

0%

This commitment ¡s met by the Contractor's status as a MBE or WBE, or by a joint venture with one or moreMBEs or WBEs as prime contractor (to the extent of the MBE or WBE participation in such joint venture), or bysubcontracting a portion of the work to one or more MBEs or WBEs, or by the purchase of materials used inthe performance of the contract from one or more MBEs or WBEs, or by the indirect participation of MBEs orWBEs in other aspects of the Contractor's business (but no dollar of such indirect MBE or WBE participationwill be credited more than once against a Contractor's MBE or WBE commitment with respect to allgovernment Contracts of such Contractor), or by any combination of the foregoing.

CITY OF CHICAGO

Depa Ément of Procu rement Serìr¡cesJamie L. Rhee, Chief Procurement Off¡cer

121 North LaSalle Street, Room 806Chicago, Illinois 60602- I2B4

Faxz 312-744-3281

MBE & WBE Special Conditions for Commodities or Services Contracts

44

Note: MBE/WBE participation goals are separate and those businesses certified with the City of Chicago as

both MBE and WBE may only be listed on a bidder's compliance plan as either a MBE or a WBE, but not bothto demonstrate compliance with the Contract Specific Goals.

As noted above, the Contractor may meet all or part of this commitment by contracting with MBEs or WBEs

fortheprovisionofgoodsorservicesnotdirectlyrelatedtotheperformanceofthisContract. However,indetermining the manner of MBE/WBE participation, the Contractor will first consider involvement ofMBEs/WBEs as joint venture partners, subcontractors, and suppliers of goods and services directly related tothe performance of this Contract. ln appropriate cases, the Chief Procurement Officer will require theContractor to demonstrate the specific efforts undertaken by it to involve MBEs and WBEs directly in theperformance of this Contract.

The Contractor also may meet all or part of this commitment through credits received pursuant to Section 2-92-530 of the Municipal Code of Chicago for the voluntary use of MBEs or WBEs in private sector contracts.

Pursuant lo2-92-535, the prime contractor may apply be awarded an additional 0.333 percent credit, up to a

maximum of a total of 5 percent additional credit, for every 1. percent of the value of a contract self-performed by MBEs or WBEs, or combination thereof, that have entered into a mentor agreement with thecontractor. This up to 5% may be applied to the Contract Specific Goals, or it may be in addition to theContract Specific Goals.

t.2. Definitions"Area of Specialty" means the description of an MBE or WBE firm's business which has been determined bythe Chief Procurement Officer to be most reflective of the MBE or WBE firm's claimed specialty or expertise.EachMBE/WBEletterofcertificationcontainsadescriptionofthefirm'sAreaofSpecialty. Thisinformationisalso contained in the Directory (defined below). Credit toward this Contract's MBE and WBE participationgoals shall be limited to the participation of firms performing within their Area of Specialty.

NOTICE: The City of Chicago does not moke ony representotion concerning the ability of any MBE/WBE toperform work within their Areo of Speciolty. lt is the responsibility of all controctors to determine thecopability ond copocity of MBEs/WBEs to sotisfoctorily perform the work proposed.

"8.E.P.D." means an entity certified as a Business enterprise owned or operated by people with disabilities as

defined in MCC Section 2-92-586.

"Bid" means a bid, proposal, or submittal detailing a description of the services or work to be provided by thecontractor in response to a bid solicitation, request for proposal, request for qualification of task order request(issued in accordance with the Master Consulting Agreement) that is issued by the City.

"Bidder" means any person or business entity that submits a bid, proposal, qualification or submittal thatseeks to enter into a contract with the City, and includes all partners, affiliates and joint ventures of suchperson or entity.

"Broker" means a person or entity that fills orders by purchasing or receiving supplies from a third partysupplier rather than out of its own existing inventory and provides no commercially useful function other thanacting as a conduit between his or her supplier and his or her customer.

"Chief Procurement Officer" or "CPO" means the chief procurement officer of the City of Chicago or his or herdesignee.

"Commercially Useful Function" means responsibility for the execution of a distinct element of the work ofthe contract, which is carried out by actually performing, managing, and supervising the work involved,evidencing the responsibilities and risks of a business owner such as negotiating the terms of (sub)contracts,taking on a financial risk commensurate with the contract or its subcontract, responsibility for acquiring theappropriate lines of credit and/or loans, or fulfilling responsibilities as a joint venture partner as described inthe joint venture agreement.

45

"Contract Specific Goals" means the subcontracting goals for MBE and WBE participation established for a

particular contract.

"Contractor" means any person or business ent¡ty that has entered into a contract with the City as described

herein, and includes all partners, affiliates, and joint ventures of such person or entity.

"Direct Participation" the value of payments made to MBE or WBE firms for work that is performed in theirArea of Specialty directly related to the performance of the subject matter of the Contract will count as D¡rect

Participation toward the Contract Specific Goals.

"Directory" means the Directory of Certified "Minority Business Enterprises" and "Women Business

Enterprises" maintained and published by the City of Chicago. The Directory identifies firms that have been

certified as MBEs and WBEs, and includes both the date of their last certification and the area of specialty in

which they have been certified. Contractors are responsible for verifying the current certification status of all

proposed MBE, and WBE firms.

"Good Faith Efforts" means actions undertaken by a bidder or contractor to achieve a Contract Specific Goal

that the CPO or his or her designee has determined, by their scope, intensity, and appropriateness to theobjective, can reasonably be expected to fulfill the program's requirements.

"lndirect Participation" refers to the value of payments made to MBE or WBE firms for work that is done in

theirAreaofSpecialtyrelatedtootheraspectsoftheContractor'sbusiness. (Note:nodollarofsuch indirectMBE or WBE participation shall be credited more than once against a contractor's MBE or WBE commitmentwith respect to all government contracts held by that contractor.)

"Joint venture" means an association of a MBE or WBE firm and one or more other firms to carry out a single,

for-profit business enterprise, for which each joint venture partner contributes property, capital, efforts, skills

and knowledge, and in which the MBE or WBE is responsible for a distinct, clearly defined portion of the workof the contract and whose share in the capital contribution, control, management, risks, and profits of thejoint venture are commensurate with its ownership interest.

"Mentor-Protégé Agreement" means an agreement between a prime and MBE or WBE subcontractorpursuant to MCC 2-92-535, that is approved by the City of Chicago and complies with all requirements of MCC

2-92-535 and any rules and regulations promulgated by the Chief Procurement Officer.

"Minority Owned Business Enterprise" or "MBE" means a firm awarded certification as a minority owned and

controlled business in accordance with City Ordinances and Regulations as well as a firm awarded certificationas a minority owned and controlled business by Cook County, lllinois.

"Municipal Code of Chicago" or "MCC" means the Municipal Code of the City of Chicago.

"Supplier" or "Distributor" refers to a company that owns, operates, or maintains a store, warehouse or otherestablishment in which materials, supplies, articles or equipment are bought, kept in stock and regularly sold

or leased to the public in the usual course of business. A regular distributor or supplier is a firm that owns,

operates, or maintains a store, warehouse, or other establishment in which the materials or supplies requiredfor performance of a contract are bought, kept in stock, and regularly sold to the public in the usual course ofbusiness. To be a regular distributor the firm must engage in, as its principal business and in its own name, thepurchaseandsaleoftheproductsinquestion. Aregulardistributorinsuchbulkitemsassteel,cement,gravel, stone, and petroleum products need not keep such products in stock if it owns or operates distributionequipment.

"Women Owned Business Enterprise" or "WBE" means a firm awarded certification as a women owned and

controlled business in accordance with City Ordinances and Regulations as well as a firm awarded certificationas a women owned business by Cook County, lllinois.

1.3. Joint VenturesThe formation of joint ventures to provide MBEs and WBEs with capacity and experience at the prime

contracting level, and thereby meet Contract Specific Goals (in whole or in part) is encouraged. A joint

46

venture may cons¡st of any combination of MBEs, WBEs, and non-certified firms as long as one member is an

MBE oT WBE.

a. The joint venture may be eligible for credit towards the Contract Specific Goals only if:

i. The MBE or WBE joint venture partner's share in the capital contribution, control,management, risks and profits of the joint venture is equal to its ownership interest;

ii. The MBE or WBE joint venture partner is responsible for a distinct, clearly definedportion of the requirements of the contract for which it is at risk;

iii. Each joint venture partner executes the b¡d to the City; and

iv. The joint venture partners have entered into a written agreement specifying the termsand conditions of the relationship between the partners and their relationship andresponsibilities to the contract, and all such terms and conditions are in accordance withthe conditions set forth in ltems i, ii, and iii above in this Paragraph a.

b. The Chief Procurement Officer shall evaluate the proposed joint venture agreement, theSchedule B submitted on behalf of the proposed joint venture, and all related documents todetermine whether these requirements have been satisfied. The Chief Procurement Officer shallalsoconsidertherecordofthejointventurepartnersonotherCityofChicagocontracts. Thedecision of the Chief Procurement Officer regarding the eligibility of the joint venture for credittowards meeting the Contract Specific Goals, and the portion of those goals met by the jointventure, shall be final.

The joint venture may receive MBE or WBE credit for work performed by the MBE or WBE jointventure partner(s) equal to the value of work performed by the MBE or WBE with its own forcesfor a distinct, clearly defined portion of the work.

Additionally, if employees of the joint venture entity itself (as opposed to employees of the MBE

or WBE partner) perform the work, then the value of the work may be counted toward theContract Specific Goals at a rate equal to the MBE or WBE firm's percentage of participation inthe joint venture as described in Schedule B.

The Chief Procurement Officer may also count the dollar value of work subcontracted to otherMBEs and WBEs. Work performed by the forces of a non-certified joint venture partner shall notbe counted toward the Contract Specific Goals.

c. Schedule B: MBE/WBE Affidavit of Joint Venture

Where the bidder's Compliance Plan includes the participation of any MBE or WBE as a jointventure partner, the bidder must submit with its bid a Schedule B and the proposed joint ventureagreement. These documents must both clearly evidence that the MBE or WBE joint venturepartner(s) will be responsible for a clearly defined portion of the work to be performed, and thatthe MBE's or WBE's responsibilities and risks are proportionate to its ownership percentage. Theproposed joint venture agreement must include specific details related to:

i. The parties' contributions of capital, personnel, and equipment and share of the costs ofinsurance and bonding;

ii. Work items to be performed by the MBE's or WBE's own forces and/or work to beperformed by employees of the newly formed joint venture entity;

iii. Work items to be performed under the supervision of the MBE or WBE joint venturepartner; and

iv. The MBE's or WBE's commitment of management, supervisory, and operative personnel

to the performance of the contract.

47

NOTE: Vague, general descriptions of the responsibilities of the MBE or WBE joint venture partner do notprovide any basis for awarding credit. For example, descriptions such as "participate in the budgetingprocess," "assist with hiring," or "work with managers to improve customer service" do not identify distinct,clearly defined portions of the work. Roles assigned should require activities that are performed on a regular,recurring basis rather than as needed. The roles must also be pertinent to the nature of the business forwhichcreditisbeingsought. Forinstance,ifthescopeofworkrequiredbytheCityentailsthedeliveryofgoods or services to various sites in the City, stating that the MBE or WBE joint venture partner will beresponsible for the performance of all routine maintenance and all repairs required to the vehicles used todeliver such goods or services is pertinent to the nature of the business for which credit is being sought.

1,4. Counting MBE/WBE Participation Toward the Contract Specific GoalsRefer to this section when preparing the MBE/WBE compliance plan and completing Schedule D-L forguidance on what value of the participation by MBEs and WBEs will be counted toward the stated ContractSpecific Goals. The "Percent Amount of Participation" depends on whether and with whom a MBE or WBE

subcontracts out any portion of its work and other factors.

Firms that are certified as both MBE and WBE may only be listed on a bidder's compliance plan as either a

MBE or a WBE to demonstrate compliance with the Contract Specific Goals. For example, a firm that is

certified as both a MBE and a WBE may only be listed on the bidder's compliance plan under one of thecategories, but not both. Only Payments made to MBE and WBE firms that meet BOTH the CommerciallyUseful Function and Area of Specialty requirements above will be counted toward the Contract Specific Goals.

a. Only expenditures to firms that perform a Commerciallv Useful Function as defined above mav

count toward the Contract Specific Goals.

i. The CPO will determine whether a firm is performing a commercially useful function byevaluating the amount of work subcontracted, whether the amount the firm is to bepaid under the contract is commensurate with the work ¡t is actually performing and thecredit claimed for its performance of the work, industry practices, and other relevantfactors.

ii. A MBE or WBE does not perform a commercially useful function if its participation isonly required to receive payments in order to obtain the appearance of MBE or WBEparticipation. The CPO may examine similar commercial transactions, particularly thosein which MBEs or WBEs do not participate, to determine whether non MBE and non

WBE firms perform the same function in the marketplace to make a determination.

iii. lndications that a subcontractor is not performing a commercially useful functioninclude, but are not limited to, labor shifting and equipment sharing or leasing

arrangements with the prime contractor or a first tier subcontractor.

Only the value of the dollars paid to the MBE or WBE firm for work that it performs in its Area ofSpecialtv in which it is certified counts toward the Contract Specific Goals.

performs the work itself : t)O% of the value of work actually performed by the MBE's or WBE's

own forces shall be counted toward the Contract Specific Goals, including the cost of suppliesand materials purchased or equipment leased by the MBE or WBE from third parties or second

tier subcontractors in order to perform its (sub)contract with its own forces (except supplies andequipment the MBE or WBE subcontractor purchases or leases from the prime contractor or itsaffiliate). 0% of the value of work at the project site that a MBE or WBE subcontracts to a non-certified firm counts toward the Contract Specific Goals.

lf the MBE or WBE is a manufacturer: 100% of expenditures to a MBE or WBE manufacturer foritems needed for the Contract shall be counted toward the Contract Specific Goals. A

manufacturer is a firm that operates or maintains a factory or establishment that produces onthe premises the materials or supplies obtained by the bidder or contractor.

b.

c.

d

48

lf the MBE or WBE is a distributor or supplier: 60% of expenditures for materials and suppliespurchased from a MBE or WBE that is certified as a regular dealer or supplier shall be countedtoward the Contract Specific Goals.

lf the MBE or WBE is a broker:

o

i. Zero percent (O%l of expenditures paid to brokers will be counted toward the ContractSpecific Goals.

ii. As defined above, Brokers provide no commercially useful function.

:

i. A joint venture may count the portion of the total dollar value of the contract equal tothe distinct, clearly defined portion of the work of the contract that the MBE or WBEperforms with its own forces toward the Contract Specific Goals; or

ii. lf employees of this distinct joint venture entity perform the work then the value of thework may be counted toward the Contract Specific Goals at a rate equal to the MBE orWBE firm's percentage of participation in the joint venture as described in the ScheduleB.

iii. A joint venture may also count the dollar value of work subcontracted to other MBEs

and WBEs.

lf the MBE or WBE subcontracts out anv of its work:

i. 100% of the value of the work subcontracted to other MBEs or WBEs performing workin its Area of Specialty may be counted toward the Contract Specific Goals.

ii. 0% of the value of work that a MBE or WBE subcontracts to a non-certified firm countstoward the Contract Specific Goals (except as allowed by (c) above).

iii. The fees or commissions charged for providing a bona fide service, such as professional,technical, consulting or managerial services or for providing bonds or insurance andassistance in the procurement of essential personnel, facilities, equipment, materials orsupplies required for performance of the Contract, provided that the fee or commissionis determined by the Chief Procurement Officer to be reasonable and not excessive as

compared with fees customarily allowed for similar services.

iv. The fees charged for delivery of materials and supplies required on a job site (but notthe cost of the materials and supplies themselves) when the hauler, trucker, or deliveryservice is not also the manufacturer of or a regular dealer in the materials and supplies,provided that the fee is determined by the Chief Procurement Officer to be reasonableand not excessive as compared with fees customarily allowed for similar services.

v. The fees or commissions charged for providing any bonds or insurance, but not the costof the premium itself, specifically required for the performance of the Contract,provided that the fee or commission is determined by the Chief Procurement Officer tobe reasonable and not excessive as compared with fees customarily allowed for similarservices.

1.5. Regulations Governing Reductions to or Waiver of MBE/WBE GoalsThe following Regulations set forth the standards to be used in determining whether or not a reduction orwaiver of the MBE/WBE commitment goals of a particular contract is appropriate. lf a bidder determines thatit is u nable to meet the M BE and/or WBE Contract-Specific Goa ls on a City of Ch icago contract, a writtenrequest for the reduction or waiver of the commitment must be included in the bid or proposal.

The written request for reduction or waiver from the commitment must be in the form of a signed petition forgrant of relief from the MBE/WBE percentages submitted on the bidder's letterhead, and must demonstrate

f

h

49

that all required efforts as set forth in this document were taken to secure eligible Minority and WomenBusiness Enterprises to meet the commitments. The Chief Procurement Officer or designee shall determinewhether the request for the reduction or waiver will be granted.

A bidder will be considered responsive to the terms and conditions of these Regulations it at the time of bid, itsubmits a waiver request and all supporting documentation that adequately addresses the conditions forwaiver of MBE/WBE goals, including proof of notification to ass¡st agencies except:

o Bidders responding to Request for Proposals (RFPs) who have been identified as a short listedcandidate and/or a prospective awardee will be given a designated time allowance, but no more thanfourteen (14) calendar days to submit to the Department of Procurement Services completedocumentation that adequately addresses the conditions for waiver described herein; and

¡ Bidders responding to Request for lnformation and or Qualifications (RFI/RFQs) deemed by the ChiefProcurement Officer or authorized designee to be the most responsive and responsible shall submitdocumentation that adequately addresses the conditions for waiver described herein duringnegotiations.

Failure to submit documentat¡on sufficient to support the waiver request will cause the bid/proposal to befound non-responsive by the Chief Procurement Officer, and the bid/proposal will be rejected. ln such casesthe remedies to be taken by the Chief Procurement Officer, in his or her discretion, may include, but are notlimited to, forfeiture of bid deposit; negotiating with the next lowest bidder; or re-advertising thebid/proposal. All bidders must submit all required documents at the time of bid opening to expedite thecontract award.

1.5.1. Direct / lndirect ParticipationEach of the following elements must be present in order to determine whether or not such a reduction orwaiver is appropriate.

a. The bidder has documented the unsuccessful solicitation for either subcontractors or jointventure partners of at least 50%(or at least five when there are more than eleven certified firmsin the commodity area) of the appropriate certified MBE/WBE firms to perform any direct orindirect work identified or related to the advertised bid/proposal. Documentation must includebut is not necessarily limited to:

t. A detailed statement of efforts to identify and select portions of workidentified in the.bid solicitation for subcontracting to certified MBE/WBE fírms;

2. A listing of all MBE/WBE firms contacted that includes:

o Name, address, telephone number and email of MBE/WBE firmssolícited;

o Date and time of contact;

o Method of contact (written, telephone, transmittal of facsimiledocuments, email, etc.)

3. Copies of letters or any other evidence of mailing that substantiates outreachto MBE/WBE vendors that includes:

o Project identification and location;

o Classification/commodity of work items for which quotations weresought;

o Date, item and location for acceptance ofsubcontractor bid proposals;

o Detailed statement which summarizes direct negotiations withappropriate MBE/WBE firms for specific portions of the work andindicates why negotiations were unsuccessful;

50

o Affirmation that Good Faith Efforts have been demonstrated by

a choosing subcontracting opportunities likely to achieveMBE/WBE goals;

not imposing any limiting conditions which were notmandatory for all subcontractors;

providing notice of subcontracting opportunities to M/WBEfirms and assist agencies at least five (5) business days inadvance of the initial bid due date.

OR

Subcontractor participation will be deemed excessively costly when the MBE/WBE subcontractorproposal exceeds the average price quoted by more than twenty percent (20%1. ln order toestablish that a subcontractor's quote ¡s excessively costly, the bidder must provide the followinginformation:

L A detailed statement of the work identified for MBE/WBE participation for which thebidder asserts the MBE/WBE quote(s) were excessively costly (in excess of 20% higher).

o A listing of all potential subcontractors contacted for a quotation on that work item;

o Prices quoted for the subcontract in question by all such potential subcontractorsfor that work item.

2. Other documentation which demonstrates to the satisfaction of the Chief ProcurementOfficer that the MBE/WBE proposals are excessively costly, even though not in excess of20%higher than the average price quoted. This determination will be based on factorsthat include, but are not l¡mited to the following:

o The City's estimate for the work under a specific subcontract;

o The bidder's own estimate for the work under the subcontract;

o An average ofthe bona fide prices quoted for the subcontract;

o Demonstrated increase in other contract costs as a result of subcontracting to theM/WBE or other firm.

L.5.2. Assist Agency Participation in wavier/reduction requestsEvery waiver and/or reduction request must include evidence that the bidder has provided timely noticeof the need for subcontractors to an appropriate association/assist agency representative of theMBE/WBE business community. This notice must be given at least five (5) business days in advance of theinitial bid due date.

The notice requirement of this Section will be satisfied if a bidder contacts at least one of the associationson Attachment A to these Regulations when the prime contractor seeks a waiver or reduction in theutilization goals. Attachment B to these Regulations provides the letter format that a prime contractormay use. Proof of notification priorto bid submittal (e.g. certified mail receipt orfacsimiletransmittalreceipt) will be required to be submitted with the bid for any bid/proposalto be deemed responsive. lfdeemed appropriate, the Contract Compliance Officer may contact the assist agency for verification ofnotification.

1.5.3. lmpracticabilitylf the Chief Procurement Officer determines that a lesser MBE and/or WBE percentage standard is

appropriate with respect to a particular contract subject to competitive bidding prior to the bidsolicitations for such contract, bid specifications shall include a statement of such revised standard

a

b

51

The requirements set forth in these Regulations (this subsection L.5, "Resulations Governing Reductionsto or Waiver of MBEWBE Goals") shall not apply where the Chief Procurement Officer determines prior tothe bid solicitations that MBE/WBE subcontractor participation is impracticable.

This may occur whenever the Chief Procurement Officer determines that for reasons of time, need,industry practices or standards not previously known by the Chief Procurement Officer, or such otherextreme circumstances as may be deemed appropriate, such a Waiver is in the best interests of the City.This determination may be made in connection with a particular contract, whether before the contract is

let for bid, during the bid or award process, before or during negotiation of the contract, or during theperformance of the contract.

For all notifications required to be made by bidders, in situations where the Chief Procurement Officer hasdetermined that time is of the essence, documented telephone contact may be substituted for lettercontact.

1.6. Procedure to Determine Bid ComplianceA bid may be rejected as non-responsive if it fails to submit one or more of the following with its biddemonstrating its Good Faith Efforts to meet the Contract Specific Goals by reaching out to MBEs and WBEs toperform work on the contract:

o An MBE/WBE compliance plan demonstrating how the bidder planq to meet the Contract SpecificGoals; and/or

¡ A request for reduction or waiver of the Contract Specific Goals in accordarice with Section 2-92-450of the MCC.

Only compliance plans utilizing MBE and WBE firms that meet BOTH the Commercially Useful Function andArea of Specialty requirements will be counted toward the Contract Specific Goals.

The following Schedules and described documents constitute the bidder's MBE/WBE proposal, and must besubm¡tted in accordance with the guidelines stated:

(1) Schedule C-1: Letter of lntent from MBE/WBE to Perform as Subcontractor, Supplier andlorConsultant.The bidder must submit the appropriate Schedule C-1 with the bid for each MBE and WBEincluded on the Schedule D-1. Suppliers must submit the Schedule C-1 for Suppliers, first tiersubcontractors must submit a Schedule C-1 for Subcontractors to the Prime Contractor andsecond or lower tier subcontractors must submit a Schedule C-1 for second tier Subcontractors.The City encourages subcontractors to utilize the electronic fillable format Schedule C-1, which is

available at the Department of Procurement Services website, http://cityofchicago.org/forms.Each Schedule C-1 must be executed by each MBE and WBE and accurately detail the workto beperformed by the MBE or WBE and the agreed upon rates/prices. Each Schedule C must also

include a separate sheet as an attachment on which the MBE or WBE fully describes its proposedscope of work, including a description of the commercially useful function being performed bythe MBE or WBE in its Area of Specialty. lf a facsimile copy of the Schedule C-1 has beensubmitted w¡th the bid, an executed original Schedule C-1 must be submitted by the bidder foreach MBE and WBE included on the Schedule D-1 within five business days after the date of thebid opening.

Failure to submit a completed Schedule C-1 in accordance with this section shall entitle the Cityto deem the bid/proposal non-responsive and therefore reject the bid/proposal.

Letters of Certifi cation.A copy of each proposed MBE/WBE firm's current Letter of Certification from the City of Chicagoor Cook County lllinois, must be submitted with the bid/proposal. All Letters of Certificationissued by the City of Chicago and Cook County include a statement of the MBE/WBE firm's Area

(21

52

t.7.

of Specialty. The MBE/WBE firm's scope of work, as detailed by their Schedule C-1. mustconform to their stated Area of Specialty.

(31 Schedule B: Affidavit of Joint Venture, and Joint Venture Agreements (if applicable).lf the bidder's MBE/WBE proposal includes the participation of a MBE/WBE as joint venture on

any tier (either as the bidder or as a subcontractor), the bidder must provide a copy of the jointventure agreement and a Schedule B along with all other requirements listed in Section 1.3,

"Joint Ventures." above. ln order to demonstrate the MBE/WBE partner's share in theownership, control, management responsibilities, risks and profits of the joint venture, theproposed joint venture agreement must include specific details related to: (1) contributions ofcapital and equipment; (2) work responsibilities or other performance to be undertaken by theMBE/WBE; and (3) the commitment of management, supervisory and operative personnel

employed by the MBE/WBE to be dedicated to the performance of the contract. The jointventure agreement must also clearly define each partner's authority to contractually obligate thejoint venture and each partner's authority to expend joint venture funds (e.g., check signing

authority).

(4) Schedule D-1: Required Schedules Regarding MBE/WBE UtilizationBidders must submit, together with the bid, a completed Schedule D-1 committing them to theutilization of each listed MBE/WBE firm. The City encourages bidders to utilize the electronicfillable format Schedule D-L, which is available at the Department of Procurement Serviceswebsite, http://cityofchicago.org/forms. Except in cases where the bidder has submitted a

request for a complete waiver of or variance from the MBE/WBE commitment in accordancewith herein, thebidder must commit to the expenditure of a specific dollar amount of participation by each

MBE/WBE firm included on their Schedule D-1. The total dollar commitment to proposed MBEs

must at least equal the MBE goal, and the total dollar commitment to proposed WBEs must atleast equal the WBE goal. Bidders are responsible for calculating the dollar equivalent of the MBE

and WBE goals as percentages of their total base bids or in the case of Term Agreements,depends upon requirements agreements and blanket agreements, as percentages ofthe totalestimated usage. All commitments made by the bidder's Schedule D-1 must conform to thosepresentedinthesubmittedScheduleC-1.. lfScheduleC-lissubmittedaftertheopening,thebidder may submit a revised Schedule D-1 (executed and notarized to conform with theSchedules C-1). Bidders shall not be permitted to add MBEs or WBEs after bid opening to meetthe Contract Specific Goals, however, contractors are encouraged to add additional MBE/WBEvendors to their approved compliance plan during the performance of the contract whenadditional opportunities for participation are identified. Except in cases where substantial anddocumented justification is provided, bidders will not be allowed to reduce the dollarcommitment made to any MBE or WBE in order to achieve conformity between the Schedules C-

1 and D-1.

All commitments for ioint venture agreements must be delineated in the Schedule B.

(5) Application for Approval of Mentor Protégé AgreementAny applications for City approval of a Mentor Protégé agreement must be included with the bid.

lf the application is not approved, the bidder must show that it has made good faith efforts tomeet the contract specific goals.

Reporting Requirements During the Term of the Contracta, The Contractor will, not later than thirty (30) calendar days from the award of a contract by the

City, execute formal contracts or purchase orders with the MBEs and WBEs included in theirapproved MBE/WBE Ut¡lization Plan. These written agreements will be made available to theChief Procurement Officer upon request.

b. The Contractor will be responsible for reporting payments to all subcontractors on a monthlybasis in the form of an electronic report. Upon the first payment issued by the City of Chicago to

53

the contractor for services performed, on the first day of each month and every monththereafter, email and or fax audit notifications will be sent out to the Contractor with instructionsto report payments that have been made in the prior month to each subcontractor. Thereporting of payments to all subcontractors must be entered into the Certification andCompliance Monitoring System (C2), or whatever reporting system is currently in place, on orbefore the fifteenth (15th) day of each month.

c. Once the prime Contractor has reported payments made to each subcontractor, including zero

dollar amount payments, the subcontractor will receive an email and or fax notificationrequesting them to log into the system and confirm payments received. All monthlyconfirmations must be reported on or before the 20th day of each month. Contractor andsubcontractor reporting to the C2 system must be completed by the 25th of each month orpayments may be withheld.

d. All subcontract agreements between the contractor and MBE/WBE firms or any first tier non-certified firm and lower tier MBE/WBE firms must contain language requiring the MBE/WBE torespondtoemail and/or faxnotificationsfromtheCityof Chicagorequiringthemtoreportpayments received for the prime or the non-certified firm.

Access to the Certification and Compliance Monitoring System (C2), which is a web based

reporting system, can be found at: https://chicaeo,mwdbe.com

e. The Chief Procurement Officer or any party designated by the Chief Procurement Officer, shallhave access to the contractor's books and records, including without limitation payroll records,tax returns and records and books of account, to determine the contractor's compliance with itscommitment to MBE and WBE participation and the status of any MBE or WBE performing anyportionofthecontract.Thisprovisionshall beinadditionto,andnotasubstitutefor,anyotherprovision allowing inspection of the contractor's records by any officer or official of the City forany purpose.

f. The Contractor shall maintain records of all relevant data with respect to the utilization of MBEs

and WBEs, retaining these records for a period of at least five years after project closeout. Full

access to these records shall be granted to City, federal or state authorities or other authorizedpersons.

1.8. Changes to Compliance Plan1.8.1. Permissible Basis for Change RequiredNo changes to the Compliance Plan or contractual MBE and WBE commitments or substitution of MBE orWBE subcontractors may be made without the prior written approval of the Contract Compliance Offícer.Unauthorized changes or substitutions, including performing the work designated for a subcontractorwith the contractor's own forces, shall be a violation of these Special Conditions and a breach of thecontract with the City, and may cause termination of the executed Contract for breach, andlor subject thebidder or contractor to contract remedies or other sanctions. The facts supporting the request forchanges must not have been known nor reasonably could have been known by the parties prior toentering into the subcontract. Bid shopping is prohibited. The bidder or contractor must negotiate withthe subcontractor to resolve the problem. lf requested by either party, the Department of ProcurementServices shall facilitate such a meeting. Where there has been a mistake or disagreement about the scopeof work, the MBE or WBE can be substituted only where an agreement cannot be reached for a

reasonable price for the correct scope of work.

Substitutions of a MBE or WBE subcontractor shall be permitted only on the following basis:

a) Unavailability after receipt of reasonable notice to proceed;

b) Failure of performance;

c) Financialincapacity;

54

d) Refusal by the subcontractor to honor the bid or proposal price or scope;

e) Mistake of fact or law about the elements of the scope of work of a solicitation where a

reasonable price cannot be agreed;

f) Failure of the subcontractor to meet insurance, licensing or bonding requirements;

g) The subcontractor's withdrawal of its bid or proposal; or

h) De-certification of the subcontractor as a MBE or WBE (graduation from the MBE/WBE programdoes not constitute de-certification).

i) Termination of a Mentor Protégé Agreement.

1.8.2. Procedure for Requesting Approvallf it becomes necessary to substitute a MBE or WBE or otherwise change the Compliance Plan, theprocedure will be as follows:

a) The bidder or contractor must notify the Contract Compliance Officer and Chief ProcurementOfficer in writing of the request to substitute a MBE or WBE or otherwise change the CompliancePlan. The request must state specific reasons for the substitution or change. A letter from theMBE or WBE to be substituted or affected by the change stating that it cannot perform on thecontract or that it agrees with the change in its scope of work must be submitted with therequest.

b) The City will approve or deny a request for substitution or other change within 15 business daysof receipt of the written request.

c) Where the bidder or contractor has established the basis for the substitution to the satisfactionof the Chief Procurement Officer, it must make Good Faith Efforts to meet the Contract SpecificGoal by substituting a MBE or WBE subcontractor. Documentation of a replacement MBE orWBE, or of Good Faith Efforts, must meet the requirements in section 5. lf the MBE or WBE

Contract Specific Goal cannot be reached and Good Faith Efforts have been made, as determinedby the Chief Procurement Officer, the bidder or contractor may substitute with a non-MBE ornon-WBE.

d) lf a bidder or contractor plans to hire a subcontractor for any scope of work that was notpreviously disclosed in the Compliance Plan, the bidder or contractor must obtain the approval ofthe Chief Procurement Officer to modify the Compliance Plan and must make Good Faith Effortsto ensure that MBEs or WBEs have a fair opportunity to bid on the new scope of work.

e) A new subcontract must be executed and submitted to the Contract Compliance Officer withinfive business days of the bidder's or contractor's receipt of City approval for the substitution orother change.

The City shall not be required to approve extra payment for escalated costs incurred by the contractorwhen a substitution of subcontractors becomes necessary to comply with MBE/WBE contractrequirements.

1.9. Non-Compliance and DamagesWithout limitation, the following shall constitute a material breach of this contract and entitle the C¡ty todeclare a default, terminate the contract, and exercise those remedies provided for in the contract, at law orin equity: (1)failure to demonstrate Good Faith Efforts;and (2)disqualification as a MBE or WBE of thecontractor or any joint venture partner, subcontractor or supplier if its status as an MBE or WBE was a factorin the award ofthe contract and such status was misrepresented by the contractor.

Payments due to the contractor may be withheld until corrective action is taken.

55

Pursuant to MCC 2-92-445 or 2-92-740, as applicable, remedies or sanctions may include a penalty in theamount of the discrepancy between the amount of the commitment in the Compliance Plan, as such amountmay be amended through change orders or otherwise over the term of the contract, and the amount paid toMBEs or WBEs, and disqualification from contracting or subcontracting on additional City contracts for up tothree years. The consequences provided herein shall be in addition to any other criminal or civil liability towhich such entities may be subject.

Ihe contractor shall have the right to protest the final determination of non-compliance and the imposition ofany penalty by the Chief Procurement Officer pursuant to MCC 2-92-445 or 2-92-740, within 15 business daysof the final determination.

1.10. Arbitrationa) ln the event a contractor has not complied with the contractual MBE/WBE percentages in its

Schedule D, underutilization of MBEs/WBEs shall entitle the affected MBE/WBE to recover from thecontractor damages suffered by such entity as a result of being underutilized; provided, however,that this provision shall not apply to the extent such underutilization occurs pursuant to a waiver orsubstitution approved by the City. The Ordinance and contracts subject thereto provide that anydisputes between the contractor and such affected MBEs/WBEs regarding damages shall be resolvedby binding arbitration before an independent arbitrator other than the City, with reasonableexpenses, including attorney's fees, being recoverable by a prevailing MBE/WBE in accordance withthese regulations. This provision is intended for the benefit of any MBE/WBE affected byunderutilization and grants such entity specific third party beneficiary rights. Any rights conferred bythis regulation are non-waivable and take precedence over any agreement to the contrary, includingbut not limited to those contained in a subcontract, suborder, or communicated orally between a

contractor and a MBE/WBE.

b) An MBE/WBE desiring to arbitrate shall contact the contractor in writing to initiate the arbitrativeprocess. Except as otherwise agreed to in writing by the affected parties subject to the limitationcontained in the last sentence of the previous paragraþh, within ten (10) calendar days of thecontractor receiving notification of the intent to arbitrate from the MBE/WBE the above-describeddisputes shall be arbitrated in accordance with the Commercial Arbitration Rules of the AmericanArbitration Association (AAA), a not-for-profit agency, with an office at 225 North Michigan Avenue,Suile2527, Chicago, lllinois 60601-7601 [Phone: (312)616-6560; Fax: (312)319-0404]. Allsucharbitrations shall be initiated by the MBE/WBE filing a demand for arbitration with the AAA; shall beconducted by the AAA; and held in Chicago, lllinois.

c) All arbitration fees are to be paid pro rata by the parties, however, that the arbitrator is authorized toaward reasonable expenses, including attorney and arbitrator fees, as damages to a prevailingMBE/WBE.

d) The MBE/WBE must send the City a copy of the Demand for Arbitration within ten (L0) calendar daysafter it is filed with the AAA. The MBE/WBE also must send the City a copy of the decision of thearbitrator within ten (L0) calendar days of receiving such decision. Judgment upon the awardrendered by the arbitrator may be entered in any court of competent jurisdiction.

I,.LL. Equal EmploymentOpportunityCompliance with MBE and WBE requirements will not diminish or supplant equal employment opportunityand civil rights provisions as required by law.

t.12. Attachments and SchedulesThe following attachments and schedules follow, they may also be downloaded from the lnternet at:http ://www.citvofch i caso. o rslfo rm s

o Attachment A: Assist Agencies

¡ Attachment B: Sample Format for Requesting Assist Agency Comments on Bidder's Request forReduction or Waiver of MBE/WBE Goals

56

o Schedule B: Affidavit of Joint Venture (MBE/WBE)

¡ Schedule C-1: Letter of lntent From MBE/WBE To Perform As Subcontractor, Supplier and/orConsultant

¡ Schedule D-1: Compliance Plan Regarding MBE/WBE Utilization

57

Attachment A -Assist Agency list

DCPARIMÉNT OFPROCUREMENTSERVICES

Assist Agencies are comprised of not-for-profit agencies and/or chamber of commerce agenciesthat represent the interest of small, mínority and/or women owned businesses.

CITY OF CHICAGO

ASSIST AGENCY LIST

American Brotherhood of Contractors935 West 175th SlreetHomewood, lllinois 60430Phone: (773) 491-5640Email: [email protected]

Asian American Business Expo207 East Ohio St. Suite 218Chicago, lL 60611Phone:312-233-2810Fax: 312-268-6388Email: [email protected]

Asian American lnst¡tute4753 N. Broadway St. Suite 904Chicago, lL 60640Phone: (773) 2714899Fax: (773) 271-1982Email: [email protected] rgWeb: wr¡vw.aaichicaqo.o ro

Association of As¡an Construction Enterprises333 N. Ogden AvenueChicago, lL 60607Phone: (847) 525-9693Email: [email protected]

Black Contractors United4OO W. 76th Street, Suite 200Chicago, lL 60620Phone: (773 483-4000Fax: (773) 483-4150Email: [email protected]: wlrw.blackcontractosunited.com

Cosmopolitan Chamber of Commerce203 N. Wabash, Suite 518Chicago, lL 60601Phone: (312) 499{611Fax: (312) 332-2688Email: [email protected]: wvw¡.cosmochamber.orq

Eighteenth Street Development Corporation1843 South CarpenterChicago, lllinois 60608Phone: (312) 733-2287Fax: (773)-353-1683asoto(ôeiohteenthstreel.orqwvwi.eiohteenthstreet.oro

Chatham Business Assoclatlon Small BusinessDevelopment, lnc.8441 S. Cottage Grove AvenueChicago, lL 60619Phone: (773)994-5006Fax: (773)994-9871Email: [email protected]: t¡n¡¡ry.obawòrks.oro

Chicago Area Gay & LesbianChamber of Commerce3656 N. HalstedChicago, lL 60613Phone: (773) 303-0167Fax: (773) 303-0168Email: [email protected]: www.olcha mber.orq

Chicago Minority Supplier DevelopmentCouncll, lnc.105 W. Adams, Suite 2300Chicago, lL 60603-6233Phone: (312) 755-8880Fax: (312) 755-8890E mail: [email protected]: wr¡¡¡l.ch icaoomsdc.orq

Chicago Urban League4510 S. Michigan Ave.Chicago, lL 60653Phone: (773) 285-5800Fax: (773) 285-7772Email:Web: vwlr¡¡.cu l-chicaqo.oro

Chicago Women in Trades (CWIT)4425 S. Western Blvd.Chicago, lL 60609-3032Phone: (773) 376-1450Fax: (312) 942-O8O2E mail: cr¡[email protected]: rrur¡¡¡¡.ch icaqowomeninlrades.orq

Coalition for United Community Labor Force1253 W. 63'd StreetChicago, lL 60636Phone: (312) 243-5149E mail: john [email protected]

58

Citv of Chicaoo of Procurement Services - Assist Aoencies f cont'dì

Federation of Women Contractors5650 S. Archer AvenueChicago, lL 60638Phone: (312) 360-1122Fax: (312) 360-0239Email: [email protected]: u¡rvw.fwcchicaqo.com

Hispanic American Construction lndustry Association(HACTA)650 West Lake StreelChicago, lL 60661Phone: (312) 666-5910Fax: (312) 666-5692Email: [email protected]: u¡&w. haciaworks.orq

llllnols Hlspanic Chamber of Commerce855 W. Adams, Suite 100Chicago, lL 60607Phone: (312) 425-9500Fax: (312) 425-9510Email: [email protected] : wr¡i¡w.ihccbusiness. net

Latin American Chamber of Commefce3512 West Fullerton AvenueChicago, lL 60647Phone: (773) 252-5211Fax: (773) 252-7065Email: d. lorenzopad [email protected]: r¡¡rvw. lati namericanchamberofcommerce.com

National Organization of Minority Engineers33 West Monroe Suite 1540Chicago, lllinois 60603Phone: (312) 425-9560Fax'. (312) 425-9564Email: shandy@inf rastructure-en g.comWeb: u¡¡¡¡r.nomeonline.orq

National Association of Women Business OwnersChicago Chapter230 E. Ohio, Suite 400Chicago, lL 60611Phone: (312) 224-2605Fax: (312) 6448557Email: [email protected]: u¡rvw. nawbochicaoo.oro

RainboMPUSH Goalitionlnternational Trade Bureau930 E. soh StreetChicago, lL 60615Phone: (773) 256-2781Fax: (773) 373-4104Email: [email protected]: wj¡þslvÆ¡,grgSouth Shore Chamber, lncorporatedBlack United Funds Bldg.1 750 E. 71

$ SlreetChicago, lL 60649-2000Phone: (773) 955- 9508Email: [email protected]: wr¡n¡l.southshorechamberinc.orq

Suburban Minorlty Contractors Assoclation1250 Grove Ave. Suite 200Barrington, lL 60010Phone: (847) 852-5010Fax: (847) 382-1787Email: [email protected]: r¡n¡r¡¡r.suburban blackcontractors.orq

Women Construction Owners & Executives(wcoE)Chicago Caucus308 Circle AvenueForesl Park, lL 60130Phone: (708) 366-1250Fax: (708) 366-5418Email: [email protected]: Wc'oeusg=.9I9

Women's Business Development Center8 South Michigan Ave., Suite 400Chicago, lL 60603Phone: (312) 853-3477Fax: (312) 853-0145Email: [email protected]: un¡¡d.wbdc.orq

59

Attachment B - Sample Format for Requesting Ass¡st Agency Comments on Bidder's Request for Reduction orWaiver of MBE/WBE Goals

On Bidder/Proposer's Letterhead - SEND TO THE ASSIST AGENCIES - DO NOT SEND TO THE CITY

RETURN RECEIPT REQUESTED

(Date)

SpecificationNo.: {SpecificationNumber}Project Description: {PROJECT DESCRIPTION}

(Assist Agency Name and Address - SEND TO THE ASSIST AGENCIES - DO NOT SEND TO THE CIW)

Dear :

(Bidder/Proposer) intends to submit a bid/proposal in response to the above referencedspecification with the City of Chicago. Bids are due advertised specification with the City of Chicago

The following areas have been identified for subcontracting opportunities on both a direct and indirect basis:

Our efforts to identify potential subcontractors have not been successful in order to meet the Disadvantaged/Minority/Women Business Enterprise contract goal. Due to the inability to ¡dentify an appropriate DBE/MBE/WBE firmcert¡fied by the City of Chicago to participate as a subcontractor or joi4t venture partner, a request for the waiver of thecontract goals will be submitted. lf you are aware of such a firm, please contact

Name of Company Representative at Address/Phone

within (10) ten business days of receipt of this letter

Under the City of Chicago's MBE/WBE/DBE Ordinance, your agency is entitled to comment upon this waiver request to theCity of Chicago. Written comments may be directed within ten (10) working days of your receipt of this letter to:

Monica Jimenez, Deputy Procurement OfficerDepartment of Procu rement ServicesCity of Chicago121 North La Salle Street, Room 806Chicago, I llinois 60602

lf you wish to discuss this matter, please contact the undersigned at

Sincerely,

60

Schedule B - Affidavit of Joint Venture

SCHEDULE B: Affidavit of Joint Venture (MBE/V\íBE)

This form need not be submitted if all joint venturers are MBEs and/or WBEs. ln such a case, however, awritten joint venture agreement among the MBE and WBE venturers must be submitted. ln all proposed jointventures, each MBE and/or WBE venturer must submit a copy of their current Letter of Certification.

All lnformation Requested by this Schedule must Be Ansuæred in the Spaces Provided. Do Not Refer to YourJoint Venture Agreement Except to Expand on Answers Provided on this Form. lf Additional Space lsRequired, Additional Sheets May Be Attached.

L Name of joint ventureAddress of joint venture

Phone number of joint venture:

ll. ldentify each non-MBEAÁ/BE venturer(s)Name of Firm:Address:Phone:Contact person for nratters concerning MBúWBE compliance:

lll. ldentify each MBE/\Â/BE venturer(s)Name ofAddress:

Contact person for nutters concerning MBEM/BE compliance:

lV. Describe the role(s) of the MBE and/or WBE venturer(s) in the joint venture:

Attach a copv of the ioint venture aoreement. ln order to demonstrate the MBE and/or WBE venturer'sshare in the ownership, control, management responsibilities, risks and profits of the joint venture, theproposed joint venture agreement must include specific details related to: (1) the contributions ofcapital and equipment; (2) uork items to be performed by the MBEM/BE's ovm forces; (3) work items tobe performed under the supervision of the MBUWBE venturer; and (4) the commitment ofmanagernent, supervisory and operative personnel employed by the MBEM/BE to be dedicated to theperformance of the project.

VI Ownership of the Joint Venture.A. What are the percentage(s) of MBEMiBE ownership of the joint venture?

MBE/WBE ownership percentage(s)Non-MBEM/BE ovurership percentage(s)

B. Specify MBÚWBE percentages for each of the following (provide narrative descriptions and otherdetail as applicable):

Profit and loss sharing:

Capital contributions :

(a) Dollar amounts of initial contri

Page 1 of 5

'l

2

61,

3

Schedule B: Affidavit of Joint Venture (MBE/WBE)

(b) Dollar amounts of anticipated on-going contributions:

Contributions of equipment (Specify types, quality and quantities of equipment to be provided by eachventurer):

4. Other applicable ownership interests, including ownership options or other agreements wlrich restrict orlimit ovwrership and/or control:

5. Provide copies of f written agreements between venturers concerning this project.

ldentify each current City of Chicago contract (and each contract completed during the past tvro (2)years) by a joint venture of two or more firns participating in this joint venture:

Control ofandParticipationintheJointVenture. ldentifybynameandfirmthoseindividualswhoare,or will be, responsible for, and have the authority to engage in the following management functions andpolicy decisions. (lndicate any limitations to their authority such as dollar limits and co-signatoryrequirements.):

A. Joint venture check signing:

B. Authority to ênter contracts on behalf of the joint venture:

C. Signing, co-signing and/or collateralizing loans:

D. Acquisition of lines of credit:

Page 2 of 5

6

VI

62

Schedule B: Affidavit of Joint Ventur€ (MBE/WBE)

E. Acquisition and indemnification of payment and performance bonds

F. Negotiating and signing labor agreements:

G. Management of contract performance. (ldentify by name and firm only)

1 . Supervision of field operations:

2. Major

3. Estinrting

4. Engineeri

vilt.A.

Financial Controls of joint venture:Which firm and/or individual will be responsible for keeping the books of account?

B. ldentify the managing partner, if any, and describe the means and measure of their compensation

c. \Â/hat authority does each venturer have to commit or obligate the other to insurance and bondingcompanies, financing institutions, suppliers, subcontractors, and/or other parties participating in thepedormance of this contract or the work of this project?

tx. State the approxirnate number of operative personnel (by trade) needed to perform the joint venture'swork under this contract. lndicate whether they will be employees of the non-MBEA/VBE firm, theMBE^ /BE firm, or the joint venture.

Page 3 of 5

63

Trade Non-MBÛWBE Firm(Numbe0

MBEAA/BE(Number)

Joint Venture(Number)

Schedule B: Affidavit of Joint Venture (MBE/WBE)

lf g¡y personnel proposed for this project will be employees of the joint venture:A. Are 4¡¿ proposed joint venture employees currently employed by either venturer?

Currently employed by non-MBEAA/BE (number) _ Employed by MBEM/BE _B. ldentify by name and firm the individual wfio will be responsible for hiring joint venture employees

C. Which venturer will be responsible for the preparation of joint venture payrolls

X Please state any material facts of additional infornution pertinent to the control and structure of thisjoint venture.

Page 4 of 5

64

Schedule B: Affidavit of Joint V€nture (MBE/WBE)

The undersigned afrirms that the foregoing statements are correct and include all nuterialinformation neæssary to identify and explain the ternrs and operations of our joint venture andthe intended participation of each venturer in the undertaking. Further, the undersignedcovenant and agree to provide to the City current, complete and accurate information regardingactual joint venture u¡ork and the payment therefore, and any proposed changes in anyprovision of the joint venture agreement, and to permit the audit and examination of the þooks,records and files of the joint venture, or those of each venturer relevant to the joint venture byauthorized representatives of the City or the Federal funding agency.

Any material misrepresentation will be grounds for terminating any contract which may beawarded and for initiating action under federal or state lavr¡s concerning false staternents.

þþ: lf, after filing this Schedule B and before the completion on the joint venture's workon the project, there is any change in the information submitted, the joint venture mustinform the City of Chicago, either directly or through the prime contractor if the jointventure is a subcontractor.

Name of MBE /t/BE Partner Firm Name of Non-MBEM/BE PartnerFirm

Signature of Affiant Signature of Affiant

Name and Title of Affiant Name and Title of Affiant

Date Date

On this _day ol ,20 _, the above-signed officers

personally appeared and, known to rne be the persons described in the foregoingAffidavit, acknowledged that they executed the same in the capacity therein stated andfor the purpose therein contained.

lN WITNESS WHEREOF, I hereunto set my hand and official seal.

Signature of Notary Public

My Commission Expires:

(sEAL)

Page 5 of 5

65

Schedute C-l: letter of lntent From MBE/WBE To Perform As Subcontractor, Supplier andlor Consultant

SCHEDULE C-1MBE/WEìE Letter of lntent to Perform as a

Subcontractor. Supplier. or Consultant

FORNON-CONSTRUCTION

PROJECTS ONLY

Project Name: SPecification No,:

From:(Name of MBE

^tsE Firm)

To: and the CitY of Chicago.(Name of Pr¡me ContEctor)

The MBE or WBE status of the undersigned is confirmed by the attached City of Chicago or Cook County, lllinoisCertification Letter. 1O0o/o MBE or WBE parlicipation is credited for the use of a MBE or WBE "manufacturer" 600/o

participation is credited for the use of a MBE or WBE "regular dealer.''

The undersigned is prepared to perform the following services in connection with the above named projecUcontract. lf more

space is required to fully describe the MBE or WBE proposed scope of work and/or payment sohedule, including adescription of the commercially useful function being performed. Attach additional sheets as necessary:

The above described performance is offered for the following price and described terms of payment:

SUB.sUBCONTRACTING LEVELSA zero (0) must be shown in each blank if the MBE or WBE will not be subcontract¡ng any of the work listed or attached tothis schedule.

oÁ of the dollar value of the MBE or WBE subcontract that will be subcontracted to non MBE/WBE contractors.

o/o of the dollar value of the MBE or WBE subcontract that will be subcontracted to MBE or WBE contractors.

NOTICE: lf any of the MBE or WBE scope of work will be subcontracted, list the name of the vendor and attach abriel explanation, description and pay ¡tem number ot the work that will be subcontracted. MBEMÍBEcredit will not be glven for work subcontracted to Non-MBE/WBE contractors, except for as allowed in theSpecial Condltlons Regarding Minorlty Business Enterprlse Comm¡tment and Women Buslness EnterpriseCommitment.

The undersigned will enter into a formal written agreement for the above work with you as a Prime Contractor, conditionedupon your execution of a contract with the City of Chicago, within three (3) business days of your receipt of a signed contractfrom the City of Chicago.

The undersigned has entered into a formal written mentor protégé agreement as a subcontractor/protégé with you as a

PrimeContractor/mentor: ( )Yes ( )No

NOTICE: THIS SCHEDULE AND ATTACHMENTS REQUIRE ORIGINAL SIGNATURES.

(utgnature ol PfestdenÌ/(MneíuEo or AUmoøeo Agenl or Mbtsi vvt ts) luare,

(t\ame/ I Ñe-rtease tsflnq

08t2013

(triltail 6 riluilc t\uilruYt,

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Page '1 of 1

Schedule D-1: Affidavit of lmplementation of MBE/WBE Goals and Participation Plan

SCHEDULE D.ICompliance Plan Regarding MBEÂAIEIE Utilization

Affidavit of Prime Contractor

FORNON.CONSTRUCTION

PROJECTS ONLY

MUST BESUBMITTEDWITH THE BID. FAILURE TO SUBMITTHE SCHEDULE D.1 WILL CAUSE THEBID TO BE REJEGTED. DUPLICATE AS NEEDED,

Pro.lect Name

Specification No :

ln connection with the above captioned contract, I HEREBY DECLARE AND AFFIRI\4 that I am a duly authorizedrepresentative of

(Name of Prime ConsuttanUContractor)

and that I have personally reviewed the material and facts set forth herein describing our proposed plan to achieve theM BEANBE goals of this contract

All ÍVBE^NBE firms included in this plan have been certified as such by the City of Chicago and/or CookCounty,lllinois (Letters of Certification Attached)

l. Direct Participation of MBEMBE Firms:

NOTE: The bidderiproposer shall, in determining the manner of l\4BE/WBE participation, first consider involvement withMBEÂIVBE firms as joint venture partners, subcontractors, and suppliers of goods and services directly related to theperformance of this contract

A. lf bidderiproposer is a joint venture and one or more joint venture partners are certifìed MBEs or WBEs, attachcopies of Letters of Certification, Schedule B form and a copy of Joint Venture Agreement olearly describing the roleof each M BE/WBE firm(s) and ¡ts ownership ¡nterest in the joint venture

B. Complete this section for each l\TBEÂIVBE Subcontractor/Supplier/Consultant participating on this contract:

L Name of MBEMBE:

Address:

Contact Person:

Phone Number:

Dollar Value of Participation a

Percentage of Participation %

Mentor Protégé Agreement (attach executed copy): ( )Yes ( ) No Add'l Percentage Claimed:1

-%Total Particípation % _2. Name of MBEÂrVBE:

Contact Person:

t The Prime Contractor may claim an add¡tional O 333 percerìt participation credit (up to a maximum of five (5) percent) forevery one (1 ) percent of the value of the contract performed by the |VIBEI\IVBE protégé firm.

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Page I of 5

Phone

Dollar Value of Participation $


Mentor Protégé Agreement (attach executed copy): ( ) Yes ( ) No Add'l Percentage Claimed: %

Total Participation %_

4. NameofMBãWBE:

Address:

Contact Person:

Phone

Dollar Value of Participation c

Percentage of Participation o/o

Mentor Protégé Agreement (attach executed copy): ( ) Yes ( ) No Add'l Percentage Claimed:_%

Total Participation % _5. Attach Additional Sheets as Needed

ll. lndirect Partic¡pation of MBE/WBE Firms

NOTE: This section need not be completed if the MBE^/VBE goals have been met through the direct participationoutlined in Section I lf the MBãWBE goals have not been met through direct participation, Contractor will beexpected to demonstrate that the proposed MBE rutsE direct participation represents the maximum achievable underthe c¡rcumstances Only after such a demonstration will indirect participation be considered.

MBE^/VBE Subconlraclors/Suppl¡ergconsuftants proposed to peform work or supply goods or services where suchperformance does not directly relate to the performance of this contract:

Schedule D-l: Prime Gontractor Affidavit-MBEMBE Compliance Plan

Phone

Dollar Value of Participation


Mentor Protégé Agreement (attach executed copy): ( )Yes ( ) No Add'l Percentage Claimed: %

Total Partic¡pation o/o _3, Name of MBEAIVBE:

Addressl

Contact Person:

l. Name of MBE/WBE:

Address:

Contact Person:

0B/2013

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Page 2 of 5

Schedule D-l: Prime Contractor Affidavit-MBE/WBE Gompliance Plan

Phone Number:

Dollar Value of Participation o


Mentor Protégé Agreement (attach executed copy): ( ) Yes ( ) No Add'l Percentage Claimed: %o

Total Participation % _2. Name of MBEÁIVBE:

Add

Contact Person

Phone

Dollar Value of Participatio n$

Peroentage of Participation %


Total Participation % _3. Name of IVIBSWBE:

Address

Contact

Phone

Dollar Value of Participation $

Peroentage of Participation %


Total Participation % _4. Name of MBE/WBE:

Contact Person

Phone

Dollar Value of Participation o



Total Participatlon %_5. Attach Additional Sheets as Needed

08nu3

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Page 3 of 5

Schedule D-l: Prime Contractor Affidavit-MBEM/BE Compliance Plan

lll. Sumnnry of MBE/WBE Proposal

A. MBE Proposal (Direct & lndirect)

1. MBE Direct Pafticipation

2. MBE lndirect Participation

B. WBE Proposal (Direct & lndirect)

1. WBE Direct Participation

2. WBE lndirect Participation

MBE Firm Name Dollar AmountPert¡cibat¡on fSl

Percent AmountPartlclpatlon (%)

Total Dlrect MBE Participation

MBE Fifm Name Dollar AmountParticiolion lSì

Percent AmountParticioation lol^ì

Total lndirect MBE Participation

WBE Firm Name Dollar AmountParticioation l$ì

Percent AmountParticipation (%)

Total Direct WBE Participation

WBE Firm Name Do¡lar AmountParticioation l$)

Fercent AmountParticioation (%ì

Total lndirect WBE Participation

0812013

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Page 4 of 5

Schedule D-l: Prime Gontractor Affidavit-MBE/WBE Compliance Plan

The Prime Contractor designates the following person as its MBEÁ¡VBE Liaison Officer:

(Nar,re- Please Print or Type) (Phone)

I OO SOLEMNLY DECLARE AND AFFIRM UNOER PENALTIES OF PERJURY THAT THE CONTENTS OF THEFOREGOING DOCUMENT ARE TRUE AND CORRECT, THAT NO MATERIAL FACTS HAVE BEEN OMITTED, ANDTHAT I AM AUTHORIZED ON BEHALF OF THE PRIME CONTRACTOR TO MAKE THIS AFFIDAVIT.

(Nen'ìe of Prime Contractor - Print or Type) State of:

County(Signature)

(Narne/T¡tle of Affiant - Pr¡nt or Type)

(Date)

On this_day of- 20-- the above signed officer(Nane of Affiant)

personally appeared and, known by me to be the person described in the foregoing Affidavit, acknowledged that (s)heexecuted the same in the capacity stated there¡n and for the purposes therein contained.

lN WITNESS WHEREOF, I hereunto set my hand and seal

(Notary Public Signature)

SEAL:

Commission Expires

o8t2013

7I

Page 5 of 5

EXHIBIT 6

ONLINE CITY OF CHICAGO ECONOMIC DISCLOSURE

STATEMENT AND AFFTDAVTT (EDS) INSTRUCTIONS

wHEN SUBMtTTtNc yOUR RESPONSE TO TH|S REQUEST FOR PROPOSAL (RFP), FOR MOBILEDEVICE SOFTWARE SOLUTION FOR PARKING VIOLATION CITATION ISSUANCE AND OTHERVIOLATION TICKETING INCLUDING MOBILE DEVICES AND RELATED CONSUMABLE PURCHASEOPTIONS) SPECIFICATION NO. 131418, THE RESPONDENT(S) SHALL SUBMIT 2 DOCUMENTS: 1)

A 'CERTIFICATE OF FILING'' EVIDENCING COMPLETION OF YOUR ONLINE EDS AND 2)ANEXECUTED ATTACHMENT A. ONLINE EDS ACKNOWLEDGEMENT SIGNED BY AN AUTHORIZEDOFFICER BEFORE A NOTARY.

1. ONLINE EDS FIL¡NG

1.1. ONLINE EDS FILING REQUIRED PRIOR TO RESPONSE DUE DATE

The Respondent shall complete an online EDS prior to the response due date. A Respondentwho does not file an electronic EDS prior to the response due date may be found non-responsiveand its response rejected. lf you are unable to complete the online EDS and print a Certificate ofFiling prior to the response due date, the City will accept a paper EDS provided writtenjustification is provided explaining your good faith efforts to complete it before the response duedate and the reasons why it could not be completed.

NOTE: ALWAYS SELECT THE "CONTRACT" (NOT UPDATE) BOX WHEN COMPLETING ANONLINE EDS TO ENSURE A NEW CONTRACT SPECIFIC ONLINE EDS IS CREATEDRELATED TO THE SOLICITATION DOCUMENT. CLICKING THE UPDATE BOX ONLYUPDATES PREVIOUS EDS INFORMATION.

1.2. ONLINE EDS WEB LINK

The web link for the Online EDS is https://webapps.cityofchicaqo.orq/EDSWeb

1.3. ONLINE EDS NUMBER

Upon completion of the online EDS submission process, the Respondent will be provided an EDSnumber. Respondent should record this number here:

EDS Number:

1.4 ONLINE EDS CERTIFICATION OF FILING AND ATTACHMENT A, ONLINE EDSACKNOWLEDGEMENT

Upon completion of the online submission process, the Respondent will be able to print a hardcopy Certificate of Filing. The Respondent should submit the signed Certificate of Filing andAttachment A, Online EDS Acknowledgement form with its response. Please insert yourCertification of Filing and Attachment A, Online EDS Acknowledgement form following the CoverLetter. See Section Vl 8.16, Reqqired Contents of Proposal in the RFP. A Respondent who doesnot include a signed Certificate of Filing and/or Attachment A, Online EDS Acknowledgement formwith its response must provide it upon the request of the Chief Procurement Officer.

I.5. PREPARATION CHECKLIST FOR REGISTRATION

To expedite and ease your registration process, we recommend that you collect the followinginformation prior to registering for an Online EDS user account:

72

1. lnvitation number, if you were provided an invitation number

2. EDS document from previous years, if available

3. Email address to correspond with the Online EDS system.

4. Company lnformation

a. Legal Name

b. FEIN/SSN

c. City of Chicago Vendor Number, if available.

d Address and phone number information that you would like toappear on your EDS documents.

e EDS Captain. Check for an EDS Captain in your company - thismaybe the person that usually submits EDS for your company, orthe first person that registers for your company.

1.6. PREPARATION CHECKLIST FOR EDS SUBMISSION

To expedite and ease your EDS submission, we recommend that you collect the followinginformation prior to updating your EDS information online.

Items #1 through #7 are needed for both EDS information updates and contract related EDSdocuments:

1. lnvitation number, if you were provided with an invitation number.

2. Site address that is specific to thís EDS.

3. Contact that is responsible for this EDS.

4. EDS document from previous years, if available.

5. Ownership structure, and if applicable, owners' company information

a. % of ownership

b. Legal Name

c. FEIN/SSN

d. City of Chicago Vendor Number, if available.

e. Address

6. List of Commissioners, officers, titleholders, etc. (if applicable).

7. For partnerships/LLC/LLP/Joint ventures, etc.:

a. List of controlling parties (if applicable).

73

Items #8 and #9 are needed ONLY for contract related EDS documents:

L Contract related information (if applicable):

a. City of Chicago contract package

b. Cover page of City of Chicago bid/solicitation package

c. lf EDS is related to a mod, then cover page of your current contractwith the City.

9. List of subcontractors and retained parties:

a. Name

b. Address

c. Fees - Estimated or paid

1.7. EDS FREQUENTLY ASKED QUESTIONS

Q: Where do lfile?

A: The web link for the Online EDS is https://webapps.cityofchicaqo.orq/EDSWeb

Q: How do lget help?

A: lf there is a question mark on a page or next to a field, click on the question mark for helpfilling out the page or field. You may also consult the User Manual and the Training Videosavailable on the left menu.

Q: Why do I have to submit an EDS?

A: The Economic Disclosure Statement (EDS) is required of applicants making an application tothe City for action requiring City Council, City department or other City agency approval. Forexample, all bidders seeking a City contract are required to submit an EDS. Through theEDS, applicants make disclosures required by State law and City ordinances and certifycompliance with various laws and ordinances. An EDS is also required of certain partiesrelated to the applicant, such as owners and controlling parties.

Q: Who is the Applicant?

A: "Applicant" means any entity or person making an application to the City for action requiringCity Council or other City agency approval. The applicant does not include owners andparent companies.

Q: Who is the Disclosing Party?

A: "Disclosing Party" means any entity or person submitting an EDS. This includes owners andparent companies.

Q: What is an entity or legal entity?

A: "Entity' or'Legal Entity" means a legal entity (for example, a corporation, partnership, jointventure, limited liability company or trust).

74

Q: What is a person for purposes of the EDS?

A: "Person" means a human being.

Q: Who must submit an EDS?

A. An EDS must be submitted in any of the following three circumstances:

Applicants:An Applicant must always file this EDS. lf the Applicant is a legalentity, state the full name of that legal entity. lf the Applicant is aperson acting on his/her own behalf, state his/her name.

Entitiesholding aninterest:

Whenever a legal entity has a beneficial interest (E. G direct orindirect ownership) of more than 7 .5o/o in the Applicant, each suchlegal entity must file an EDS on its own behalf.

Gontrollingentities:

Whenever a Disclosing Party is a general partnership, limitedpartnership, limited liability company, limited liability partnershipor joint venture that has a general partner, managing member,manager or other entity that can control the day{o-daymanagement of the Disclosing Party, that entity must also file anEDS on its own behalf. Each entity with a beneficial interest ofmore than 7.5% in the controlling entity must also file an EDS onits own behalf.

Q: What information is needed to submit an EDS?

A: The information contained in the Preparation Checklist for EDS submission.

Q: I don't have a user lD & password. Can I still submit an Online EDS?

A: No. You must register and create a user lD and password before submitting an Online EDS

Q: What information is needed to request a user lD & password for Online EDS?

A: The information contained in the Preparation Checklist for Registration is needed to request alogin for the Online EDS.

Q: I already have a username and password from another City web site (City Web Portal,Department of Construction and Permits, Department of Consumer Services, etc.). GanI log-in the Online EDS with that account?

A: Usually not. The Online EDS uses a user lD and password system that is shared by thePublic Vehicle Advertising and Water Payment web sites. You may use a username andpassword from those sites by answering "Yes" to "ls this an existing City of Chicago user lD?"when registering. Other usernames and passwords will not be automatically recognized.However, you may choose to create an identical username for the Online EDS if it is notalready taken.

Q: I don't have an email address. How do I submit an Online EDS?

A: You cannot get an account to submit an online EDS without an email address. lf you need ane-mail address, we suggest that you use a free internet email provider such aswww.hotmail.com or www.yahoo.com or rnail.google.com to open an account. The City doesnot endorse any particular free internet email provider. Public computers are available at all

75

Chicago Public Library branches.

Q: lforgot my user lD. Can I register again?

A: No. lf you are the EDS Captain of your organization, please contact the Department ofProcurement Services at312-744-4900. lf you are an EDS team member, contact your EDSCaptain, who can look up your user lD.

Q: Who is the EDS Captain?

A: The EDS Captain is a person who performs certain administrative functions for anorganization which files an EDS. Each organization registered with the Online EDS has atleast one EDS Captain. There may be co-captains, who are all equal. EDS Captains approvenew users, change contact information for an organization, and de-active accounts ofemployees who have left the organization. Please see the User Manual for more information.

Q: Why do we need EDS Captains?

A: The Online EDS is designed to be a self-service web application which allows those doing orseeking to do business with the City to perform as many routine functions as possible withoutCity intervention. Because many organizations have multiple staff filing an EDS, the EDSCaptain role allows those organizations to self-manage the contact information and users.

Q: Who is the EDS team?

A: The EDS team for an organization is everyone who is registered to file an EDS on behalf ofthe organization.

Q: lforgot my password. What should I do?

A: To retrieve a temporary password, click the "Forgot your password?" link on the login page.Enter your user lD that you provided when you registered your account. The system willautomatically generate a temporary password and send it to you. When you log-in with yourtemporary password, you will be asked to create a new password.

Q: How do lcomplete an Online EDS?

A: Click on "Create New" after logging in. The Online EDS system willwalk you through the EDSquestions. Please see the User Manual for details.

Q: How do lfill out a Disclosure of Retained Parties?

A: There is no longer a separate Disclosure of Retained Parties filing. After logging in, click on"Create New". Answer (clíck) "Contract" to "ls this EDS for a contract or an EDS informationupdate?" Click "Fill out EDS", and click on the "Retained Parties" tab. When finished, clickon "Ready to Submit."

Q: How do lattach documents?

A: Attachments are discouraged. lf at all possible, please provide a concise explanation in thespace provided in the online form. Attachments with pages of officers are not acceptable.Names of officers must be typed into the system. lf you must provide an attachment foranother reason, please send it to your City of Chicago contact (contract administrator ornegotiator for procurements) and they will attach it for you. Documents can be sent in PDF(preferred), Word, or paper format.

Q: Who can complete an Economic Disclosure Statement online?

A: Any authorized representative of your business with a user lD and password can complete

76

your EDS online. One person, such as an assistant, can fill in the information and save it, andanother person can review and electronically sign the Online EDS.

Q: What are the benefits of filing my Economic Disclosure statement electronically?

A: Filing electronically reduces the chance of filing an incomplete EDS and speeds up theprocessing of contract awards. A certificate of filing can be printed at the completion of theprocess and inserted into your bid package. The biggest benefit for those who frequently dobusiness with the City is that after the first EDS, each EDS is much easier to fill out becausenon-contract specific information is pre-filled from the last submitted EDS.

Q: Will my information be secure?

A: Yes. When making your internet connection to our Web Server, you will connect through aSecure Socket Layer (SSL for short) to the "Online EDS" login page. All information you typewill be protected using strong encryption. Within the login page, you will provide us with auser lD, password, and secret question for user authentication, Only you will have knowledgeof this unique identification information.

Q: lam filing electronically. How do lsign my EDS?

A: Once you have completed the EDS, you will be prompted to enter your password and answerto your secret question. Together, these will serve as your electronic signature. Although youwill also print and physically sign an EDS certification of filing as a notice that your EDS wasfiled, your EDS is complete as a legal document with only the electronic filing.

Q: My address has changed. How can I update my information?

A: You must be an EDS Captain for your organization to update this. Log-in and click on"Vendor Admin, Site Administration." Select the appropriate site and click edit.

Q: I have more questions. How can I contact the Department of Procurement Services?

A: Please contact the contract administrator or negotiator assigned to your solicitation orcontract. You may call DPS at312-744-4900 between 8:30 AM and 5:00 PM CentralTime.

Q: Can lsave a partially complete EDS?

A: Yes. Click "Save". To avoid data loss, we recommend you save your work periodically whilefilling out your EDS.

Q: Do I have to re-type my information each time I submit an EDS?

A: No. The system will remember non-contract specific information from your last submittedEDS for one year. This information will be filled-in for you in your new EDS. You will have anopportunity to correct it if it has changed since your last filing. When you submit your newEDS, the information is saved and the one-year clock begins running anew.

Q: What are the system requirements to use the Online EDS?

A: The following are minimum requirements to use the Online EDS:

A PDF viewer such as Adobe Reader is installed and your web browser is configured todisplay PDFs automatically. You may download and install Adobe Reader free atwww. adobe. co m I prod ucts/reader/

Your web browser is set to permit running of JavaScript.

Your web browser allows cookies to be set for this site. Please note that while we use

77

cookies in the Online EDS, we do not use them to track personally identifiableinformation, so your privacy is maintained.

Your monitor resolution is set to a minimum of 1024 x768

While not required to submit an EDS, if you wish to view the training videos, you musthave Adobe Flash Plugin version 9 or higher, speakers, and sound. Please note that veryold computers may not be able to run Adobe Flash and will not be able to play thetraining videos. ln that case, we encourage you to seek help using the Online EDSManuals. You may download and install Adobe Flash Plugin free athtty://get.adobe.comiflashplayer

The Online EDS has been tested on lnternet Explorer 6.0 and 7.0 and Firefox 2.0 and 3.0 onWindows XIP and Mac OS X. Although it should work on other browsers and operating systems,the City of Chicago cannot guarantee compatibility.

78

ATTACHMENT A

ONLINE EDS ACKNOWLEDGEMENT

The undersigned, hereby acknowledges having received Specification No. 131418 containing a full setofRFP Documents, including, Addenda Numbers (none unless indicated here)

and affirms that the Respondent shall be bound by all the termsand conditions contained in the RFP Documents, regardless of whether a complete set thereof isattached to this response.

Under penalty of perjury, the undersigned: (1) warrants that he/she was authorized to submit an EDS onbehalf of the Disclosing Party on-line, (2) warrants that all certifications and statements contained in theEDS are true, accurate and complete as of the date the EDS was submitted on-line, and (3) furtherwarrants that, as of the date of submission of this response, there have been no changes incircumstances since the date that the EDS was submitted that would render any certification in the EDSfalse, inaccurate or incomplete.

Further, the undersigned being duly sworn deposes and says on oath that no disclosures of ownershipinterests have been withheld and the information provided therein to the best of its knowledge is currentand the undersigned has not entered into any agreement with any other respondent or prospectiverespondent or with any other person, firm or corporation relating to the price named in this proposal orany other proposal, nor any agreement or arrangement under which any act or omission in restraining offree competition among respondents and has not disclosed to any person, firm or corporation the terms ofthis proposal or the price named herein.

COMPANY NAME

(Print or Type)

AUTHORIZED OFFICER SIGNATURE

TITLE OF SIGNATORY

(Print or Type)

BUSINESS ADDRESS

(Print or Type)

State of (Affix Corporate Seal)

County of

This instrument was acknowledged before me on this _ day of 20 by

andas President (or other authorized officer)

(Company Name)

Notary Public Signature:

as Secretary of

79

(Seal)

EXHIBIT 7

CONTRACT INSURANCE REQUI REM ENTS AN D I NSU RANCE CERTI FICATE

Department of Finance

Mobile Device Software Solution for Parking Violation Citation lssuance and Other ViolationTicketing lncluding Mobile Devices and Related Consumable Purchase Options

Contractor must provide and maintain at Contractor's own expense or cause to be provided, during theterm of the Agreement and time period following expiration if Contractor is required to return and performany additional work or Services under the Agreement, the insurance coverage and requirements specifiedbelow, insuring all operations related to the Agreement.

A. INSURANCE TO BE PROVIDED

1) Workers Compensation and Employers Liabilitv

Workers Compensation lnsurance, as prescribed by applicable law, covering all employees whoare to provide a service under this Agreement and Employers Liability coverage with limits of notless than $500,000 each accident, illness or disease.

2) Commercial General Liabilitv (Primary and Umbrella)

Commercial General Liability lnsurance or equivalent with limits of not less than $2,000,000 peroccurrence for bodily injury, personal injury and property damage liability. Coverages mustinclude the following: All premises and operations, products/completed operations, separation ofinsured, defense and contractual liability (not to include Endorsement CG 21 39 or equivalent).

The City of Chicago is to be named as an additional insured under the Contractor's and anysubcontractor's policy. Such additional insured coverage shall be provided on ISO EndorsementForm CG 20 10 for ongoing operations or on a similar additional insured form acceptable to theCity, The additional insured coverage shall not have any limiting endorsements or languageunder the policy such as, but not limited to Contractor's or subcontractor's sole negligence or theadditional insured's vicarious liability. Contractor's liability insurance shall be primary without rightof contribution by any other insurance or self-insurance maintained by or available to the City.Contractor must ensure the City is an additional insured on insurance required fromsubcontractors.

Subcontractors performing Services for the Contractor must maintain limits of not less than$1,000,000 with the same terms herein.

3) Automobile Liability (Primary and Umbrella)

When any motor vehicles (owned, non-owned and hired) are used in connection with work to beperformed, Contractor must provide Automobile Liability lnsurance with limits of not less than$1,000,000 per occurrence for bodily injury and property damage. The City of Chicago is to benamed as an additional insured on a primary, non-contributory basis.

4) Error & Omissions/Professional Liability

When any system technicians, system engineers, web/cyber professionals, including architects,engineers, projecUprogram managers, administrators, electronic data processing (EDP)professionals including but not limited to system programmers, hardware and softwaredesigners/consultants or other professional consultants perform work or services in connectionwith this Agreement, Professional Liability lnsurance (including covering acts, errors or omissionsmust be maintained with limits of not less than $2,000,000. Coverage must include performanceof or failure to perform EDP, performance of or failure to perform other computer services andfailure of software product to perform the function for the purpose intended. When policies arerenewed or replaced, the policy retroactive date must coincide with or precede start of work on

80

7)

5)

the Agreement. A claims-made policy which is not renewed or replaced must have an extendedreporting period of two (2) years.

Subcontractors performing professional Services for the Contractor must maintain limits of notless than $1,000,000 with the same terms herein.

Valuable Papers

6)

When any plans, designs, media, data, reports, records, and other documents are produced orused under this Agreement, Valuable Papers lnsurance must be maintained in an amount toinsure against any loss whatsoever and must have limits sufficient to pay for the re-creation andreconstruction of such records.

All Risk Propertv / lnstallation

All Risk Property/lnstallation lnsurance must be maintained by the Contractor at full replacementcost insuring loss or damage to City of Chicago property including Department of FinanceHandheld Device system/equipment, computer hardware and software devices, equipment,materials, parts and supplies during design, development, installation, maintenance/repairs,upgrades and testing of the City property until City acceptance. Coverage is to include in transit,off site and testing. Coverage is to be provided for the City of Chicago property/data in the care,custody and control of Contractor while in storage. The City of Chicago is to be named as anadditional insured and loss payee.

Contractor is responsible for all loss or damage City property at full replacement cost includingbut not limited to City systems/equipment materials or supplies that result from this Agreementduring design, development, installation, maintenance or repairs; and for any loss or damage toCity of Chicago property/data while in storage at Contractor site.

Hosting Site

Contractor is to provide evidence of All Risk Property lnsurance for Property (Hosting) Site ofContractor that is part of the Agreement.

Contractor is responsible for all loss or damage to personal property (including but not limited tomaterials, equipment, tools and supplies), owned, rented or used by Contractor.

B. ADDITIONAL REQUIREMENTS

Contractor must furnish the City of Chicago, Depaftment of Procurement Services, City Hall, Room 806,121 North La Salle Street, Chicago, lL 60602, original Certificates of lnsurance, or such similar evidence,to be in force on the date of this Agreement, and Renewal Certificates of lnsurance, or such similarevidence, if the coverage have an expiration or renewal date occurring during the term of this Agreement.Contractor must submit evidence of insurance on the City of Chicago lnsurance Certificate Form (copyattached as Exhibit-) or equivalent prior to execution of Agreement. The receipt of any certificate does notconstitute agreement by the City that the insurance requirements in the Agreement have been fully met orthat the insurance policies indicated on the certificate are in compliance with all requirements ofAgreement. The failure of the City to obtain certificates or other insurance evidence from Contractor isnot a waiver by the City of any requirements for the Contractor to obtain and maintain the specifiedcoverage. Contractor must advise all insurers of the Agreement provisions regarding insurance. Non-conforming insurance does not relieve Contractor of the obligation to provide insurance as specified inthis Agreement. Non-fulfillment of the insurance conditions may constitute a violation of the Agreement,and the City retains the right to stop work until proper evidence of insurance is provided or the Agreementmay be terminated.

The Contractor must provide for 60 days prior written notice to be given to the City in the event coverageis substantially changed, canceled or non-renewed.

Any deductibles or self-insured retentions on referenced insurance coverage must be borne byContractor.

81

The Contractor hereby waives and agrees to require their insurers to waive their rights of subrogationagainst the City of Chicago, its employees, elected officials, agents, or representatives.

The coverage and limits furnished by Contractor in no way limit the Contractor's liabilities andresponsibilities specified within the Agreement or by law.

Any insurance or self-insurance programs maintained by the City of Chicago do not contribute withinsurance provided by Contractor under this Agreement.

The required insurance to be carried is not limited by any limitations expressed in the indemnificationlanguage in this Agreement or any limitation placed on the indemnity in this Agreement given as a matterof law.

lf the Contractor maintains higher limits than the minimums shown above, the City requires and shall beentitled to coverage for the higher limits maintained by the Contractor, Any available insurance proceedsin excess of the specified minimum limits and coverage shall be available to the City.

lf Contractor is a joint venture or limited liability company, the insurance policies must name the jointventure or limited liability company as a named insured.

Contractor must require all Subcontractors to provide the insurance required in this Agreement, orContractor may provide the coverage for Subcontractors. All Subcontractors are subject to the sameinsurance requirements of Contractor unless otherwise specified in this Agreement. Contractor mustensure that the City is an additional insured on insurance required from subcontractors.

lf Contractor or Subcontractors desire additional coverage, the party desiring the additional coverage isresponsible for the acquisition and cost.

Notwithstanding any provision in the Agreement to the contrary, the City of Chicago Risk ManagementDepartment maintains the right to modify, delete, alter or change these requirements.

82

INSURANCE CERTIFICATE OF COVERAGE

Named lnsuredAddress:

(Number and Street)

Specification#: L3L4t8

ProjectContract

Description of Operation/Location

The insurance policies and endorsements ind¡cated below have been issued to the des¡gnated named insured with the policy limits as set forthherein covering the operation described within the contract involving the named insured and the City of Chicago. The Cert¡ficate issuer agreesthat ¡n the event of cancellat¡on, non-renewal or mater¡al change involving the ¡nd¡cated policies, the issuer will provide at least s¡xty (60) dayspr¡or written notice of such change to the City of Ch¡cago at the address shown on this Certificate. This cert¡ficate is issued to the City ofChicago in consideration of the contract entered into with the named insured, and it is mutually understood that the C¡ty of Chicago relies on

Type of lnsurance lnsurer Name Policy Number Expiration Date Limits of Liab¡lityAll Limits in Thousands

General Liability

[ ] Claims made [ ] Occurrence

I Premise-Operations

I Explosion/Collapse Underground

I Products/Completed-Operat¡ons

I Blanket Contractual

I Broad Form Property Damage

I lndependent Contractors

I Personal lnjuryI Pollution

Products/CompletedOperationsAggregate S _

)

CSL Per

Occurrence S

GeneralAggregate

Automobile L¡ability CSL Per

Occurrence s

[ ] Excess Liability

['l Umbrella LiabilitvEach

Occu rrence s

Worker=s Compensation and Employer=s Liability sratutory/lllinoisEmployersLiabìlity S

Builders Risk/Course of Construction Amount of Contract

Professional Liability s

Owner Contractors Protect¡ve s

Other s

th¡s certificate as a basis for contin such with the named insured

a) Each lnsurance policy required by this agreement, excepting policies for worker:s compensation and professional liability, will read: AThe Cityof Chicago is an additional insured as respects operations and activities of, or on behalf of the named insured, performed under contractwith or permit from the City of Chicago.@

b) The General, Automob¡le and Excess/Umbrella Liability Policies described provide for severability of lnterest (cross liability) applicable to thenamed insured and the City.

c) Workers Compensatlon and Property lnsurers shall waive all rights of subrogation against the City of Chicago.d) Thereceiptofth¡scertificatebytheCitydoesnotconstituteagreementbytheC¡tythattheinsurancerequirementsinthecontracthavebeen

Name and Address of Certlficate Holder and Recipient of Notice

Cert¡ficate Holder/Additional lnsuredC¡ty of ChicagoProcurement Department121 N. LaSalle St., #806

Signature of Authorized Rep.Agency/Company:Address

tL 60602

fully met, or that the insurance policies indicated by this certif¡cate are in compliance with all contract requirements.For City use onlyName of C¡ty Depaftment requesting cert¡ficate: (Using Dept.)Address:

83

ZIP Code: Attent¡on:

EXHIBIT 8

CONTRACTUAL REQUIREMENTS RELATED TO HIPAA

The terms below that are capitalized and in bold have the same meanings as set forth in the Health lnsurancePortability and Accountability Act. See 45 CFR parts 160 and 164.

t. Contractor must not use or further disclose Protected Health lnformation ("PHl") other than as

permitted or required by this Agreement or as Required by Law. (http://www.hhs.govlocrlhipaa/)

2. Contractor must use appropriate safeguards to prevent the use or disclosure of PHi other than as

provided for in this Agreement.

3. Contractor must mitigate to the extent practicable any harmful effect that is known to Contractor of a use

or disclosure of PHI by Contractor in violation of the requirements of this Agreement.

4. Contractor must report any use or disclosure of the PHI not provided for by this Agreement to the City.

5. Contractor must ensure that any agent, including a subcontractor, to whom it provides PHI received from,or created or received by Contractor on behalf of the City agrees to the same restrictions and conditionsthat apply through this Agreement to Contractor with respect to such information.

6. lfthe Contractor has PHI in a Designated Record Set then Contractor must provide access, at the requestof the City, and in the time and manner designated by the City, to PHI in a Designated Record Set, to City

or, as directed by City, to an lndividual in order to meet the requirements under 45 CFR L64.524.

7. lftheContractorhasPHl inaDesignatedRecordSetthenContractormustmakeany amendmentstoPHlin a Designated Record Set that the City directs or agrees to pursuant to 45 CFR 164.526 at the request ofCity or an lndividual, and in the time and manner designated by City.

8. Contractor must make internal practices, books and records relating to the use and disclosure of PHI

received from, or created or received by Contractor on behalf ol City available to the City, or at therequest of the City to the Secretary, in a time and manner designated by the City or the Secretary, forpurposes of the Secretary determining City's compliance with the Privacy Rule.

9. Contractor must document the disclosure of PHI and information relating to such disclosures as would be

required for City to respond to a request by an lndividual for an accounting of disclosures of PHI in

accordance with 45 CFR 164.528.

10. Contractor must provide to C¡ty or an lndividual, in time and manner designated by City, informationcollected which relates to the disclosure of PHl, to permit City to respond to a request by an lndividual foran accounting of disclosures of PHI in accordance with 45 CFR 164.528.

tL. Contractor must either return all PHI to the City or destroy it, at the City's option, upon termination orexpiration of this Agreement.

t2. Contractor must implement administrative, physical, and technical safeguards that reasonably and

appropriately protect the confidentiality, integrity, and availability of the electronic health informationthat it creates, receives, maintains, ortransmits on behalf of the City as required by45 CFR part 164.

13. Contractor must ensure that any agent, including a subcontractor, to whom it provides such informationagrees to implement reasonable and appropriate safeguards to protect it.

t4. Contractor must report to the City any security incident of which it becomes aware.

84

EXHIBIT 10

LOCAL AND OTHER PREFERENCES: ADJUSTMENTS TO THE COST PROPOSAL

A. City-based Businesses (Chicago Business Preference)For purposes of this section only, the following definitions shall apply:

"City-based business" means a person who (i) conducts meaningful day-to-day business operations at afacility located within the city and reports such facility to the lnternal Revenue Service as a place ofemployment for the majority of its regular, full-time workforce; (ii) holds any appropriate city license;and (iii) is subject to applicable city taxes.

"Contract" means any contract, purchase order or agreement awarded by the city and whose cost is tobe paid from funds belonging to or administered by the city; provided that a contract does not include:(i) a delegate agency contract; (ii) a lease of real property; or (iii) a collective bargaining agreement.

"Príme Contracto/'means a person who is a city- based business and the primary contractoron a

contract. A "Prime Contracto/' does not include any subcontractors.

lf these RFP Documents pertain to a Contract having an estimated contract value of 5100,000 or more,the CPO may apply a bid preference ("City Based Business Preference") of two percent of the costproposal, in accordance with section 2-92-41,2 of the MCC, to any qualified Respondent that is a primecontractor.

Respondents desiring to take advantage of the City Based Business Preference must submitdocumentation with their Proposal that Respondent is a City-Based Business: a "City-Based BusinessAffidavit" and a copy of any Chicago business license(s) if applicable.

B. Alternatively Powered Vehicles Proposal lncentivei. Definitions for Alternatively Powered Vehicles Bid lncentive

For purposes of this Section B only, the following definitions apply:

"Alternative fuel" has the meaning ascribed to that term in the Energy Policy Act of L992, and therules promulgated by the United States Department of Energy pursuant to that Act. The term"alternative fuel" includes but is not limited to natural gas, liquefied petroleum gas, hydrogen, ethanolE85 or electricity;

"Alternatively powered vehicle" means a vehicle that:

(a) is fueled by alternative fuel; provided that if a vehicle is capable of being powered by alternatívefuel and traditional petroleum-based gasoline or petroleum-based diesel fuel, the vehicle must bepowered by the alternative fuel for no less than 80% BTUs consumed during the three months prior tothe submission of the bid; or

(b) is commonly referred to as a hybrid vehicle that is capable of being powered by a combinationof anyfueland an alternatíve powersource and the alternative powersource includes an energystorage system to store generated or accumulated energy which substantially reduces the fuel useand emissions when compared to a standard vehicle of the same age, type and size; or

(c) is fueled by a biodiesel blend; provided that the vehicle is powered by the biodiesel blend for noless than 80% of the gallons consumed during the three months prior to the submission of the bid; or

(d) is fueled by traditional petroleum-based gasoline or petroleum-based diesel fuel, but poweredby an engine substantially more efficiently designed than a standard vehicle of the same age, type andsize; provided that the vehicle is rated by the United States Environmental Protection Agency in thetop 5% for fuel efficiency for similar vehicles.

87

An "alternatively powered vehicle" does not include any vehicle which is: (i) primarily used in a

warehouse or similar type of enclosed structure; (ii) required to use, or given credit for using,alternative fuel by any federal, state or local law; or (iii) subject to Section 2-92-595 of the MunicipalCode of Chicago.

"Biodiesel blend" has the meaning ascribed to that term in Section 2-92-595 of the Municipal Code ofChicago.

"Construction project" has the meaning ascribed to that term in Section 2-92-335 of the MunicipalCode of Chicago.

"Contract" means any contract, purchase order, construction project, or other agreement (other thana delegate agency contract or lease of real property or collective bargaining agreement) awarded by

the city and whose cost is to be paid from funds belonging to or administered by the city.

"Contract cost proposal" means the total dollar amount a Respondent proposes as its cost proposal onan RFP without factoring any incentive or preference.

"Eligible business" means a business located within the counties of Cook, DuPage, Kane, Lake,

McHenry or Will in the State of lllinois (the "Six County Region"), and as to which: (1) a majority of thebusiness'fleet is located and used within the Six County Region; and (2)a majority of those vehicleslocated and used within the Six County Region are alternatively powered vehicles.

"Fleet" means L0 or more vehicles that are owned, operated, leased or otherwise controlled by abusiness.

"Proposal lncentive" means an amount deducted, for proposal evaluation purposes only, from theRespondent's cost proposal in order to calculate the cost or price to be used to evaluate the proposal.

"Vehicle" means every device powered by a motor or engine and by, upon, or in which any person orproperty is or may be transported or drawn upon a street or highway, except a "vehicle" shall notinclude motorized wheelchairs, golf carts, neighborhood electric vehicles, as that term is defined in

Section 9-4-010 of the Municipal Code of Chicago, devices moved solely by human power, devicesused exclusively upon stationary rails or tracks, or snowmobiles, as defined in the SnowmobileRegistration and Safety Act of lllinois.

¡¡. Eligibility for Alternatively Powered Vehicles Proposal lncentivelf these RFP Documents pertain to a Contract having an estimated contract value of S1-00,000 or more,the CPO may apply a proposal incentive of 1,/2% to the contract cost proposal of a qualifiedrespondent when the qualified respondent is an eligible business.

The incentive is used only to calculate an amount to be used in evaluating the price, and it will notaffect the price of any contract that may ultimately be awarded.

For purposes of this section the total dollar value of a construction project contract includes bothmaterials and labor.

(b) As a condition of being awarded a contract after claiming this incentive, the eligible businessshall continue to meet the definition of an eligible business during the term of the contract.

(c) The contractor shall maintain adequate records necessary to monitor compliance with this sectionand shall submit such reports as required by the chief procurement officer. Full access to thecontractor's and subcontractors' records shall be granted to the chief procurement officer, thecommissioner of the supervising department, the inspector general, or any duly authorizedrepresentative thereof. The contractor and subcontractors shall maintain all relevant records for a

period of no less than seven years after final acceptance of the work.

88

(d) A Respondent desiring to receive an incentive pursuant to this section shall include with its bidsubmission the Affidavit of Eligible Business for Proposal lncentive for Alternative Powered Vehicles,which affirms that the Respondent satisfies all pertinent requirements as an eligible business.

(e) Upon completion of the work, any eligible business that receives a preference but that fails tomeet the definition as an eligible business during the term of the contract shall be fined in an amountequal to three times the amount of the incentivè.

(f) This section shall not apply to any contract to the extent that the requirements imposed by thissection are inconsistent with procedures or standards required by any law or regulation of the UnitedStates or the State of lllinois to the extent such inconsistency is not permitted under law or the homerule powers of the city.

C. Joint Ventures Between Small Business Enterprises and Veteran-Owned Business EnterprisesFor purposes of this section only, the following definitions shall apply:

"Contract cost proposal" means the total dollar amount a Respondent proposes as its cost proposal onan RFP without factoring any incentive or preference.

"Eligible joint venture" means an association of one or more small business enterprises in combinationwith one or more veteran-owned business enterprises, proposing to perform as a single for-profitbusiness enterprise, in which each joint venture partner contributes property, capital, efforts, skill andknowledge. Joint ventures must have an agreement in writing specifying the terms and conditions of therelationship between the partners and their respective roles in the contract.

"Owned" means, as MCC 2-92-670 may be updated from time to time, having allof the customaryincidents of ownership, including the right of disposition, and sharing in all of the risks, responsibilitiesand profits commensurate with the degree of ownership.

"Proposal lncentive" means an amount deducted, for proposal evaluation purposes only, from theRespondent's cost proposal in order to calculate the cost or price to be used to evaluate the proposal.

"Small business enterprise" means, as MCC 2-92-670 may be updated from time to time, a smallbusiness as defined by the U.S. Small Business Administration, pursuant to the business size standardsfound in L3 C.F.R. Part t2L, relevant to the scope(s) of work the firm seeks to perform on city contracts.A firm is not an eligible small business enterprise in any city fiscal year in which its gross receipts,averaged over the firm's previous five fiscal years, exceed the size standards of 13 C.F.R. PartI2L.

"Veteran" means a person who has served in the United States armed forces and was discharged orseparated under honorable conditions.

Unless otherwíse prohibited by any federal, state or local law, the CPO shall allocate a proposal incentiveof 5% of the contract cost proposal, to any qualified respondent that is an eligible joint venture.

Respondents desiring to receive this incentive must submit an affidavit and other supporting documentsdemonstrating that the respondent satisfies all pertinent requirements as an eligible joint venture.

As a condition of being awarded after claiming this incentive, the eligible joint venture shall continue tomeet the definition of an eligible joint venture. lf a contract is awarded to the eligible joint venture,upon completion of the work, any eligible joint venture that receives a proposal incentive but fails tomeet the definition of eligible joint venture during the term of the contract for which the proposal

incentive was applied shall be fined ín an amount equal to three times the amount of the proposalincentive.

The contractor shall maintain adequate records necessary to ensure compliance with this section and

shall submit such reports as required by the chief procurement officer. Full access to the contractor'sand subcontractors' records shall be granted to the chief procurement officer, the commissioner of thesupervising department, the inspector general, or any duly authorized representative thereof. The

89

contractor and subcontractor shall maintain all relevant records a period that is the longer of sevenyears or as after final acceptance of the work in accordance with the Local Records Act.

90

CITY.BASED BUSINESS AFFIDAVIT

The City-Based Business preference o1 2o/o is applicable to Contracts funded in whole by City funds. Respondent mustcomplete this form, and provide a copy of its Chicago business license(s) if applicable, if it desires to be considered for thispreference. Respondents that do not complete this page will not be regarded as City-Based Businesses. lf Respondent'soperations are at multiple locations in the City of Chicago, use additional sheets if necessary..

1. ls Respondent a "City-Based Business" as defìned in the "Local and Other Preferences" portion of this solicitationand in MCC 2-92-412?

( )Yes ( )No

2. Does the Respondent report to the lnternal Revenue Service that the place of employment for the majority (more than50%) of its regular, full-time workforce is a facility within the City of Chicago?

( )Yes ( )No

Does the Respondent conduct meaningful day{o-day business óperations at a facility within the City of Chicago?

( )Yes ( )No

Street address of business location within the City of Chicago (P.O. address not accepted)

3

4.

5.

o.

7.

8.

Describe the business activities are carried out at the location listed above

How many full{ime regular employees are currently employed at the location listed above?

Total number of full{ime regular employees employed at all locations worldwide?

List City of Chicago business license(s) held; attach copies. lf none are required, indicate "none required":

Respondent understands that it may be required to produce records to the Chief Procurement Officer to verify the informationprovided.

Under penalty of perjury the person signing below: ('l) warrants that he/she is authorized to execute this Affidavit on behalf ofRespondent, and (2) warrants that all certifications and statements contained in this Affidavit are true, accurate, and completeas of the date of execution.

Name of Respondent:(Print or Type)

Signature of Authorized Officer:(Signature)

Title of Signatory:

State of

County of

Signed and sworn (or affirmed) to before me onstatement).

(date) by

(Print or Type)

(name/s of person/s making

(Signature of Notary Public)

9L

(Seal)

4

INCENTIVE FOR ALTERNATIVELY POWERED VEHICLES AFFIDAVITAn Eligible Business incentive for alternatively powered vehicles may be applicable. Respondent must complete this form if itdesires to be considered for this incentive. Respondents who do not complete and submit this form with their proposals will bedeemed to be non-Eligible Businesses.

1. ls Respondent a business located within the counties of Cook, DuPage, Kane, Lake, McHenry or Will in the State oflllinois (the "Six County Region")? ( ) Yes ( ) No

2. Street address of principal place of business

3. How many total vehicles, as defined in the Local and Other Preferences section of this solicitation, "lncentive forAlternatively Powered Vehicles," are currently owned, operated, leased or othen¡vise controlled by respondent?

Line 3(a):

How many of respondent's vehicles are located and used within the Six County Region?

Line 4(a): number of vehicles

Line 4(b): percentage of fleet (line 4(a) divided by line 3(a)) offo

5. How many of respondent's vehicles located and used within the Six County Region are alternatively poweredvehicles, as defined in the Local and Other Preferences section of this solicitation, "lncentive for Alternatively PoweredVehicles?

Line 5(a): number of vehicles

Line 5(b): percentage of Six County fleet (line 5(a) divided by line 4(a)) ofto

Respondent understands that it may be required to produce records to the chief procurement officer to veriñ7 the informationprovided.

Under penalty of perjury the person signing below: (1) warrants that he/she is authorized to execute this Affidavit on behalf ofbidder, and (2) warrants that all certifications and statements contained in this Affidavit are true, accurate, and complete as ofthe date of execution.

Name of Respondent:(Print or Type)

Signature of Authorized Officer:(Signature)

Title of Signatory:(Print or Type)

State ofCounty ofSigned and sworn (or affirmed) to before me on (date) by

(name/s of person/s making statement).

(Signature of Notary Public)(Seal)

92

2

SMALL BUSINESS ENTERPRISE AND VETERAN.OWNED BUSINESS ENTERPRISE JOINTVENTURE AFFIDAVIT

Respondent must complete this form if it desires to be considered for the incentive as described in the Local and OtherPreferences section of this solicitation, for joint ventures between Small Business Enterprises and Veteran-Owned BusinessEnterprises. Respondents that do not complete this page will not be regarded as eligible joint ventures. Please use additionalsheets if necessary. Attach all relevant certifications and/or support documents.

ls respondent an "eligible joint venture" as defined in MCC 2-92-418?( )Yes ( )No

ls at least one member of the eligible joint venture a "small business enterprise" as defined in MCC 2-92-670?( )Yes ( )No

3. ls at least one member of the eligible joint venture a "veteran-owned business enterprise as that term is defined inMCC2-92-670?

( )Yes ( )No

4. ls the veteran-owned business identified above certified by the State of lllinois as a qualified service-disabledveteran-owned small business or a qualifled veteran-owned small business pursuant to 30 ILCS 500145-57? lf yes, pleaseprovide appropriate documentation.

( )Yes ( )No

5. lf the answer to # 4 above is no, is the veteran-owned business an enterprise which is at least 51 percent owned byone or more veterans, or in the case of a publicly held corporation, at least 51 percent of all classes of stock of which areowned by one or more veterans?

( )Yes ( )No

6. lf qualifying as a veteran-owned business under the requirements of #5 above, please list all owners, theirpercentage of ownership interest, and provide appropriate documentation demonstrating status as veteran, as that term isdefined in MCC 2-92-418.

7.required"

List City of Chicago business license(s) held and attach copies if applicable. lf none are required, indicate "none

Respondent understands that it may be required to produce records to the chief procurement officer to veriff the informationprovided.

Under penalty of perjury the person signing below: (1) warrants that he/she is authorized to execute this Affidavit on behalf ofbidder, and (2) warrants that all certifications and statements contained in this Affidavit are true, accurate, and complete as ofthe date of execution.

Name of Joint Venture(Print or Type)

Signature of Authorized Officer for SBE:(Signature)

Title of Signatory(Print or Type)

Signature of Authorized Officer for Veteran-Owned Business(Signature)

Title of Signatory(Print or TyPe)

State ofCounty ofSigned and sworn (or affirmed) to before me on

(Signature of Notary Public)(Seal)

(date) by(name/s of person/s making statement).

93

EXHIBIT 11

TESTING AGREEMENT

94

City of ChicagoDepartment of Procurement Services

Agreement for Product andlor Service and or "No-Cost" Use

Evaluation Pursuant to RFP Specification 131418

Name of Provider:

Contact Person:

Business Phone: Cell Phone:

Fax Number: EmailAddress:

Mailing Address

Type ofProduct or Service

Representative overseeing City's on-site use (required)

Business Phone: Cell Phone:

By executing this agreement, Provider represents that it he, she, or it is prepared to abide by all Citypolicies and standard operating procedures relating to the test, trial or use ofits product or service.

Applicable City Department(s):

Department Contact Person:

Phone E-Mail: (ôcitvofchicaso.ors

Please provide a detailed description including any graphics or text that may be necessary, to describe theproduct(s) or service (s) to be provided, and the type of test, trial or other use that the product or servicewill be subject to by the City, using additional sheets if necessary. All additional sheets or materials mustbe labeled with Provider's name and produclservice title.

Product or Service to be used (hereinafter, either is referred to as "Product")

Date of Delivery of Product:

Provider agrees to furnish the Product(s) listed above to the City in connection with the testingperiod as contemplated by this RFP, subject to and in accordance with the terms and conditions of

95

I.

this Agreement Provider warrants that it has the right to furnish the Product to the City and itsDepartment(s), and to agree to the waivers contemplated herein. Provider acknowledges and

agrees that the City is under no obligation to purchase, order, or otherwise procure the Product(s)furnished hereunder. Provider funher agrees that this document will be interpreted in accordancewith the laws of the State of lllinois. No reference to any test, trial or use of the Product(s) underthis Agreement shall be made in any of Provider's promotional or sales material, including,without limitation, any press releases.

II. Term

A. The term of the use begins when the Product(s) are delivered to the Department, and shall run

until the City has concluded its evaluation of the Product pursuant to the terms of the RFP.

B. Provider must arrange with the Department to reclaim all Product(s) within 30 days ofnotification from the City that the testing period is over. If the Department is unable tocontact the Provider or if no special affangements have been made for the retum of the

Product, or if the Provider fails to reclaim the Product(s) at the designated time, theDepartment may continue to use the Product(s), or it may place the Product(s) in storage at

the Provider's sole risk and expense. It is the responsibility of the Provider to contact the

Department regarding any change of address, phone number, or e-mail address.

C. The Department reserves the right to relocate, remove and/or replace, at its sole discretion,any Product at any time. If such relocation, removal or replacement occurs, the Provider willbe notified. Product removed by the Department must be reclaimed by the Provider no laterthan 30 days after notification.

III. Product delivery and removal

A. Product(s) shall be delivered as directed by the Department.

B. Product will be delivered and removed by the Provider with oversight by Departmentpersonnel. Product will be delivered only to the location and in the configuration approvedby the Department. Provider shall furnish such Product documents as may be necessary tofacilitate the City's intended test, trial or use.

C. Provider is responsible for any and all costs and risks associated with delivery, use and anystorage of the Product(s). If, at the Department's option, the Department chooses to ship the

Product(s) back to the Provider at the conclusion of its use at Department's expense, all risksassociated with packing and shipping the Product(s) will remain with the Provider.

D. The Provider agrees that the Department will have the sole discretion to determine themethods, configuration, location and environment for the test, trial or use of the Product(s).

IV. Indemnification

Provider agrees to indemniff, defend and hold harmless the City of Chicago (the "City"), and its

employees, officials, agents, consultants, and contractors against any and all liabilities,obligations, penalties, damages, claims, costs, charges and expenses (including costs and

attorney's fees) which may be imposed upon, incurred by or asserted against the City or itsemployees, officials, agents, consultants or contractors, in any manner arising out of or related tothe delivery, installation, maintenance, use, removal or storage of any of the Product(s) tested,

96

V

tried or used (or any associated documents or other Product elements) including, withoutlimitation, any tort, personal injuries or death or any damage to property and violations of anyintellectual properly rights, including, without limitation, any copyrights, trademarks or patents,

or any person's right to publicity.

Warranties

Provider warrants that:

A. it has the right to furnish the Product(s);

B. it has the authority to sign this waiver and acknowledgement including all provisions relatedto intellectual property rights; and

C. the condition and nature of the Product(s) is such that it is suitable for the City's intended use

and will not pose ahazard to the public.

97

ATTACHMENT 1

CHECKLISTS FOR PART A AND PART B SEGMENTS

CITATION SOFTWARE FEATURES (PART A)HOSTED SYSTEM FEATURES (PART A)

MAINTENANCE AND SUPPORT CHECKLIST FOR CITATION SOFTWARE (PART A)MOBILE WIRELESS PRINTERS AND ACCESSOzuES (PART B)

MAINTENANCE OF MOBILE WIRELESS PRINTERS AND ACCESSOzuES (PART B)

98

ATTACHMENT 1

PART A - CITATION SOFTWARE AND HOSI SYSTEM SERVICES CHECKI.IST

This checklist is a supplernent to the Respondent's Darative proposal responsc ard will be used to dcte¡¡rine ilsuch listed functionality shall be provided by the

willbeprovidedorwillnotbeprovided,intheappropriatecolumns Ifafunctionalityischeckedwithacheckmark(J)aswillbeprovided,then,ünlessotheru;se

this RFP, lfany functionality will not tte p¡ovided, Respondent may provide any altenrative or work-alou¡rd solu(ion that would achievc lhe same or acceptable end

result (as dctemined by the Cily), ifapplicablc. Provide any explanation as part ofyour proposal.

Ability to corununicate with multiple databases, including third-pafy da(abases, simultaneously, wirelessly and in real-time

2Singlc sign-on capability so lhat soflware conunulicates with multiple systerns, including third-party systcms, or data

lists without additional required sign-ons.

3Wireless data and photo transfer belween mol¡ile device and hosted system utilizing secure, encrypted protocol whichmeets DOIT Security protocols

4Assign citation numbers to violations in sequential order fiom a predetemined set ofassigned nùmbers withoutduplication, includinc both valid violation tickels and./o¡ voided tickets

5 Wireless data transfer between mobile device and hosted system ulilizing secure, encDpted protocol

6Capability ofCity administratorto perfom routine functions such as periodic archiving and retrieval ofdata, orschedule these operations to occur automatically.

7 Capability ofCity adrninistrator to assign password and user roles for users

8Ability to record non-violalion, site-specific data such as broken prking pay-boxes, missing signs, loading zonesury€ys, etc.

9Pr ovide City-specified mandatory data fields, such that if any of the mandatory fields âre not populated, (he mobitedevice will provide an "enor" message to alert the üser as to which field(s) is(are) nissing, and prohibit the completionof the citation entry until all such required data is entered

l0 Initate audible signal, as well as a visual indication iu certain circumstmces such commication from other City parties(e g , dispatch, muagement, etc.)or a match ofa license plate to a dat¿base such as City stolen vehicte list, boot list, etc.

lt Auto search capability such that the entry or capture ofa license plate initiates real-time searches ofvarious databases

¿nd/or ¿pplications.

12

Auto-populationofapplicablefieldsdisplayedonthemobiledevice Including,butnotlimitedto:[] Ticket number

[] lssue date

[] Issue time

[] Issuing PEA or officer's usemme

[] PEA's or Ofücer's signature

[] Violation amount

[] Street address auto populated by CPS (with ability to be corected manu¿lly)

[] Zone Number auto populated by GPS or street address

[] Any LPR relat€d data (License Plate)

t3

Abiltiy to enter additional d¿ta i¡cluding, but not limited to:

[] State of license plate (State ofIL default) or Canada, Mexico

[] License Plate number

[] License Plate Expiration date

[] License Plate Type

[] vrN#[] Vehiclc make, rnodel nmber, and color

[] Ticket type:' Payable violation' Voided Ticket

[] Parking meter nmber[] Violation category

[] Violation category

[] Violation code

[] Coments[] Other

t4Alplranumeric auto-complete searches tkough drop-dow lists. For example: Entering the lst (md subsequent)characten ofthe "Street name" will position the cursor on the first stre€t beginning with that character or chúacters."F -Æairfìeld/Foster//etc .. The same will apply to all drop-dow lists

PART A Checkl¡st

page 1 of4

ATTACHMENT 1

PART A . CITATION SOFTWARE AND HOST SYSTEM SERVICES CHECKTIST

l5

Categoria(jon ofviolation ty?es- each category to be configurable with a logical sequence ofviolation code choicesrelative to the violation category.Example:

Category: "Street CleaninC',Violation: "No Parking".Sign: "Mon/Wed,/Fri 9am - 4prn"Each subsequent list is dependent on the previous field value. In this case the only values listed for "Violation" will be

for Sn eet Clcaning. The only signs listed will be for "No Parking '.This seryes (o make lists smaller and more manageable for the user.

ló

Provide logical context-d¡ìven defaults where appropriate. Example (in a street cleaning scenario) the following fieldswould be re(ained for the next ticket to be issued (but could be easily cleared):

Sfreet/Violation LocalionViolation

l'l Provide field for users to record comments or notes wifh a list ofpre-set standard comments flom which to choose.

l8

Access to othef screens/functions from main ticketing screen without exiting the softwre, such as:

[] Main menu

[] Timing/chalking screens

[] Broken Meter Reporting

I9 User prompts and./or confimations (such as to confim ready to print prior to printing) to minimize user enors.

20

At each login, user prompt to print a daily system test ticket. The test ticket will display:

[] Cunent date and time

[] The usemame and / or badge number

[] The user's digital signature

[] Proper ticket alignment

2lDigital signature capability:

[] storage ofdigital signature

[] printing ofdigital signature on each citat¡on (including test citations)

22 Printing ofviolation in dre fonnat prescribed by the City (see Attachnrent 4).

23 Reprint capability for my ticket.

24 Capability to print barcode which indicates ticket nmber on the printed ticket for palment processing functions

25Capability to print variable Quick Response (QR) codes on violations. The QR Codes would be linked to the specificùnique ticket number. Static QR codes are not acceptable

26Ability to record that a violation was printed but not seryed. For example: a vehicle omer/driver drives away bcfore a

ticket is printed md placed on the vehicle.

27Ability to associate multiple plÌotos with the unique violation number. lndicate on printed ticket that tlìe violation isphoto-enforced., where applicable.

28 A¡rility for photos to be sent wirelessly to host system in order to remove them ftorn mobile device memory ifnecessary.

29 Ability to incorporate LPR functionality into software.

30 Ability to incorporate RFID functionality into softwúe

3l Ability to incorporate prescribed route mapping and actual location into softwùe

Ability to incoryorate geotracking and pfedictive enforcement technology into software.

end

PART A Checklistpage 2 of4

ATTACHMENT 1

PART A -CITATION SOFTWARE AND HOST SYSTEM SERVICES CHECKLIST

This checklist is a supplernent to the Respondent's na.r'rative proposal response and will be used to determine such functionality shall be provided by theRespondent. The City shall assess the responses given as part of the evaluation process. Where applicable, al'TÌnn, via a check rnark ({), if the functionality listedbelow will be provided or will not be provided, in the appropriate columns. If a functionality is checked with a check mark ({) as will be provided, then, unless

otherwise indicated, the indication is that the Respondent has existing capacity and resources to deliver the functionality now and during the awarded contractperiod pursuant to this RFP. Ifany functionality will not be provided, Respondent may provide any alternative or other work-around solution that would achievethe same or acceplable end result (as deterrnined by the City), ifapplicable. Provide any explanation as part ofyour proposal.

6

7

9

l0

t1

I Ability to add additional mobile devices to the hosted system.

2Ability for host system to maintain and manage databases, and to communicate and interact in real time withthird-paÍy systems or databases required by City operations.

3Allow a wide range of user access controls with varying degrees of security from read-only access to editcapability; provide a detailed audit record for all transactions executed by any user, and track all updates.

4 Capability of City adminish'ator to assign passwold and user roles for users.

5 Provide and maintain a test environment which is separate from the production environment.

Comply with City IT Security policies and protocols which prevent unauthorized users f¡om accessing any Cityrelated data. (See DolT Security Protocols - Attachment 3.)

Secure website which allows motorists to access their violation pictures via a link fiom the City's website.Motorists must enter their license plate and violation number to access photos.

Robust management reports and/or dashboard, including but not limited to, number of tickets issued based onvarious parameters (PEA, location,zone,etc.), GPS records, etc.

Capability to monitor staff real-time, as well as historical reporting of PEA activity and/or locations, via GPS.

Ability to upload violation data and images to the City's Canvas system in a format and manner prescribed by theCity.

Data retention meets legal record retention requirements.

ATTACHMENT 1

PART B -MOBILE PRINTER CHECKLIST

City),ifapplicable.Provideanyexplanationaspartofyourproposal Achccklistisrcquilcdforcachproposcdl\{obilcPrintcr.

Makc and Modcl of Proposcd Wirelcss Mobilc Printer:

I Ability to operate in extreme weather conditions including extreme heat, cold, humidity, rain, snow

2LongJasting battery capacify (battery life) at full use (preference is for lithium 3,000 mAh milli-ampere hour, or better)

Describe bat1ery safety features.

3 Ability to print parking violations in a format prescribed by the City

4 Ability to print boot forms in a manner prescribed by the City

5 Ability to print a Barcode on the printed ticket for payment processing functions.

6 Ability to print variable Quick Response (QR) codes onto the printed ticket.

7Printer paper performance is waterproof, UV-light fade-resistant, and fade-resistant while exposed to extreme \üeather

conditions.

ATTACHMENT 2

CITY HARDWARB AND SOFTWARE STANDARDS OVERVIEW

(CURRENT STANDARDS - Wireless Networking)

Wireless I-ocal Area Network(WI-AN). Available in all 79 ChicagoPublic Libraries and.other Citylocations (seewww. c ityo foh icago. org/pub licwifi)

IEEE 802.1tb/g,2.4GHzISM Secure connection with Wi-Fi Protected

Access (WPA ) that uses Temporal KeyIntegrity Protocol (TKIP) for data encryptionor WPA2 uses the Advanced EncryptionStandard (AES), for data encryption.

Wireless Wide Area Network(WWAN). Available in allChicagoland area

CDMA2000, High RatePacket Data Air Interfacealso known as lxEV-DO,Evolution, Data Only

Secure connection with City approvedC ontractor, Verizon Wireless.

Slondurd

99

ATTACHMENT 3

DATA POLICY/DATA WITH CONTRACTOR

"Breach" means the acquisition, access, use, or disclosure of Protected Information that compromises the securityor privacy of the Protected Information.

"Contractor" means an entity that receives or encounters Protected Information. Contractor includes, withoutlimitation, entities that store Protected Information, or host applications that process Protected Information. Theprovisions of this Data Policy includes not only the entity that is a signatory to this Policy but all subcontractors,of whatever tier, of that entity; the signatory must inform and obtain the agreement of such subcontractors to theterms of this Data Policy.

"Protected Information" means all data provided by City to Contractor or encountered by Contractor in theperformance of the services to the City, including, without limitation, all data sent to Contractor by City andlorstored by Contractor on its seryers. Protected Information includes, but is not limited to, employment records,medical and health records, personal financial records (or other personally identifiable information), research data,and classified government information. To the extent there is any uncertainty as to whether any data constitutesProtected Information, the data in question shall be treated as Protected Information.

1. Information Securitv. Contractor agrees to the following:

l.1.General. Notwithstanding any other obligation of Contractor under this policy, Contractor agrees that itwill not lose, alter, or delete, either intentionally or unintentionally, any Protected Information, and that itis responsible for the safe-keeping of all such information, except to the extent that the City directs theContractor in writing to do so.

1.2. Access to Data. In addition to the records to be stored / maintained by Contractor, all records that arepossessed by Contractor in its service to the City of Chicago to perform a governmental function arepublic records of the City of Chicago pursuant to the Illinois Freedom of Information Act (FOIA), unlessthe records are exempt under the Act. FOIA requires that the City produce records in a very short periodof time. If the Contractor receives a request from the City to produce records, the Contractor shall do sowithin 72 hours of the notice.

1.3. Minimum Standard for Data at Rest and Data in Motion. Contractor must, at a minimum, comply, in itstreatment of Protected Information, with National Institute of Standards and Technology (NIST) SpecialPublication 800-53 Moderate Level Control. Notwithstanding this requirement, Contractor acknowledgesthat it must fully comply with each additional obligation contained in this policy. If data is protectedhealth information or electronic protected health information, as defined in the Health InsurancePortability and Accountability Act and Health Information Technology for Economic and Clinical HealthAct (HIPAA/HITECH) and regulations implementing these Acts (see 45 CFR Parts 160 and 164), it mustbe secured in accordance with "Guidance Specif,uing the Technologies and Methodologies that RenderProtected Health Information Unusable, Unreadable, or Indecipherable to Unauthorized Individuals,"available on the United States Department of Health and Human Services (HHS) website(http://www.hhs.gov/ocr/privacy/hipaa/administrative/breachnotificationrule/index.html), or at Volume74 of the Federal Register, beginning at page 42742. That guidance from the HHS states that validencryption processes for protected health information data at rest (e.g., protected health informationresting on a server), must be consistent with the NIST Special Publication 800-111, Guide for StorageEncryption Technologies for End User Devices. Valid encryption processes for protected healthinformation data in motion (e.g., transmitted through a network) are those which comply with NISTSpecial Publications 800-52, Guidelines for the Selection and Use of Transport Layer Securþ

1_00

Implementation; 800-77, Guide to IPsec VPNs; or 800-113, Guide to SSL VPNs, or others which are

Federal Information Processing Standards (FIPS) 140-2 validated.

Where Data is to be Stored. All data must be stored only on computer systems located in the continentalUnited States.

l.4.Requirement to Maintain Securi8 Program. Contractor acknowledges that the City has implemented aninformation security program to protect the City's information assets, which Program is available on theCity website at http://www.ciwofchicaso.ore/ciw/en/depts/doit/supp info/initiatives -

i nformati on sec uritv. htm I ("City Program"). Contractor shall be responsible for establishing andmaintaining an information security program that is designed to: (i) ensure the security andconfìdentiality of Protected Information; (ii) protect against any anticipated threats or hazards to thesecurity or integrity of Protected Information; (iii) protect against unauthorized access to or use ofProtected Information; (iv) ensure the proper disposal of Protected lnformation; and, (v) ensure that allsubcontractors of Contractor, if any, comply with all of the foregoing.

l.5.Undeftaking by Contractor. Without limiting Contractor's obligation of confidentiality as furtherdescribed herein, in no case shall the safeguards of Contractor's information security program be less

stringent than the information security safeguards used by the City Program.

l.6.Right of Audit b.v the Citv of Chicago. The City of Chicago shall have the right to review Contractor'sinformation security program prior to the commencement of Services and from time to time durin$ theterm of this Agreement. During the performance of the Services, from time to time and without notice,the City of Chicago, at its own expense, shall be entitled to perform, or to have performed, an on-siteaudit of Contractor's information security program. [n lieu of an on-site audit, upon request by the Cityof Chicago, Contractor agrees to complete, within forfy-five (45 days) of receipt, an audit questionnaireprovided by the City of Chicago or the City of Chicago's designee regarding Contractor's informationsecurity program.

l.7.Audit b)¡ Contractor. No less than annually, Contractor shall conduct an independent third-party audit ofits information security program and provide such audit findings to the City of Chicago, all at theContractor's sole expense.

l.8.Audit Findings. Contractor shall implement at its sole expense any remedial actions as identified by theCity as a result of the audit.

l.9.Demonstrate Compliance - PCI. No less than annually, as defined by the City of Chicago and whereapplicable, the Contractor agrees to demonstrate compliance with PCI DSS (Payment Card Industry DataSecurity Standard). Upon City's request, Contractor must be prepared to demonstrate compliance of anysystem or component used to process, store, or transmit cardholder data that is operated by theContractor as part of its service. Similarly, upon City's request, Contractor must demonstrate thecompliance of any third party it has sub-contracted as part of the service offering. As evidence ofcompliance, the Contractor shall provide upon request a current attestation of compliance signed by a

PCI QSA (Qualified Security Assessor).

1.10. Demonstrate Compliance - HIPAA i HITECH. [f the Protected Information includes protectedhealth information or electronic protected health information covered under HIPAA/HITECH,Contractor must execute, and be governed by, the provisions in its contract with the City regardingHIPAA/HITECH, the regulations implementing those Acts, and the Business Associate Agreement in itscontract with the City. As specified in 1.3, protected health information must be secured in accordancewith the "Guidance Specifoing the Technologies and Methodologies that Render Protected HealthInformation Unusable, Unreadable, or Indecipherable to Unauthorized Individuals."

101

1.1I Data ConfidentialiW. Contractor shall implement appropriate measures designed to ensure theconfidentiality and security of Protected Information, protect against any anticipated hazards or threats tothe integrity or security of such information, protect against unauthorized access or disclosure ofinformation, and prevent any other action that could result in substantial harm to the City of Chicago oran individual identified with the data or information in Contractor's custody.

1.12. Compliance with All Laws and Regulations. Contractor agrees that it will comply with all lawsand regulations.

Limitation of Access. Contractor will not knowingly permit any Contractor personnel to haveaccess to any City of Chicago facility or any records or data of the City of Chicago if the person has beenconvicted of a crime in connection with (i) a dishonest act, breach of trust, or money laundering, or (ii) afelony. Contractor must, to the extent permitted by law, conduct a check of public records in all of theemployee's states of residence and employment for at least the last five years in order to verity theabove. Contractor shall assure that all contracts with subcontractors impose these obligations on thesubcontractors and shall monitor the subcontractors' compliance with such obligations.

1.13. Data Re-Use. Contractor agrees that any and all data exchanged shall be used expressly andsolely for the purposes enumerated in the Agreement. Data shall not be distributed, repurposed or sharedacross other applications, environments, or business units of Contractor. As required by Federal law,Contractor further agrees that no City of Chicago data of any kind shall be revealed, transmitted,exchanged or otherwise passed to other Contractors or interested parties except on a case-by-case basisas specifically agreed to in writing by an officer of the City of Chicago with designated data, security, orsignature authority.

1.14. Safekeeping and Security. Contractor will be responsible for safekeeping all keys, access codes,passwords, combinations, access cards, personal identification numbers and similar security codes andidentifiers issued to Contractor's employees, agents or subcontractors. Contractor agrees to require itsemployees to promptly report a lost or stolen access device or information to their primary businesscontact and to the City of Chicago Information Security Office.

1.15 Mandatory Disclosure of Protected Information. [f Contractor is compelled by law or regulationto disclose any Protected Information, the Contractor will provide to the City of Chicago with promptwritten notice so that the City of Chicago may seek an appropriate protective order or other remedy. If aremedy acceptable to the City of Chicago is not obtained by the date that the Contractor must complywith the request, the Contractor will furnish only that portion of the Protected Information that it islegally required to furnish, and the Contractor shall require any recipient of the Protected lnformation toexercise commercially reasonable efforts to keep the Protected Information confidential.

1,16. Data Breach. Contractor agrees to comply with all laws and regulations relating to data breach,including without limitation, the Illinois Personal Information Protection Act and other applicableIllinois breach disclosure laws and regulations. Data breaches of protected health information andelectronic protected health information shall be governed by the provisions regarding HIPAA/HITECH,and the regulations implementing those Acts, in the Contractor's contract with the City, specifically theBusiness Associate Agreement in such contract. Contractor will immediately notiff the City if securityof any Protected Information has been breached, and will provide information as to that breach in suchdetail as requested by the City. Contractor will, if requested by the City, notif, any affected individualsof such breach at the sole cost ofthe Contractor.

I.17. Data Sanitization and Safe Disposal. All physical and electronic records must be retained perfederal, state and local laws and regulations, including the Local Records Act. Where disposal is

approved, the Contractor agrees that prior to disposal or reuse of all magnetic media (e.g. hard disk,floppy disk, removable media, etc.) which may have contained City of Chicago data shall be submittedto a data sanitization process which meets or exceeds DoD 5220.28-M3-pass specifications.

1.O2

Certification of the completion of data sanitization shall be provided to the City of Chicago within 10

days of completion. Acceptance of Certification of Data Sanitization by the Information Security Officeof the City of Chicago is required prior to media reuse or disposal. All other materials which contain Cityof Chicago data shall be physically destroyed and shredded in accordance to NIST Special Publication800-88, Guidelines for Media Sanitization, specifications.

1.18. End of Agreement Data Handling. The Contractor agrees that upon termination of this Agreementit shall return all data to the City of Chicago in a useable electronic form, and erase, destroy, and renderunreadable all data in its entirety in accordance to the prior stated Data Sanitization and Safe Disposalprovisions. Data must be rendered in a manner that prevents its physical reconstruction through the use

of commonly available file restoration utilities. Certification in writing that these actions have beencompleted must be provided within 30 days of the termination of this Agreement or within 7 days of a

request of an agent of the City of Chicago, whichever shall come first.

103

ATTACHMENT 4

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1.07

ATTACHMENT 5

SAMPLE OF'F'ILE F'ORMAT INTO CANVAS

The daily ticket file and corresponding images will be uploaded to an external FTP server provided by

the vendor by an agreed upon timeframe to be retrieved by the City for upload into CANVAS. The datain the daily ticket file must follow the following file format:

Vendor will also be required to provide a data file listing the photos as a validation and reconciliationtool. For example:

header record: # of photos in the daily batchphoto record (1 per photo image)

Columns 1 thru 10 - Ticket #Columns 11 thur 31 - Photo image name

TICKET FILE

FIELD LEVEL/NAME --PICTURE-- FLD S TART1

1

3I415I11B242B29313942415056B1B1

88

END268

2

13I4L611¿J

212B363B4I4649qq

BO

B6B1

1_ 07

CITY NUMBERTICKET NUMBERRECORD TYPESEQUENCE NUMBER

ALTERNATE ID TYPEISSUE DATE (MMDDYY)

ISSUE TIME (HHMM)

AM-PM INDICATORLICENSE PLATELÏCENSE PLATE STATELICENSE PLATE TYPEVEHICLE MAKE

VEHICLE TYPEVEHICLE COLOR

VIOLAT]ON LOCATIONMETER NUMBERFfLLERALTERNATE ID

99e (11)X99Xx (6)x(4)XX(B)

x(5)XXXx(6)x(25)x(6)Xx (20)

)4

56

9

10741,1

18T9202It?

2425272B29

OFFICER IDVIOLATION CODE 1

VIOLATION CODE 2

VIOLATION CODE 3

REPORTING DISTRICTREGISTRATION DATEVEHICLE SPEEDPOSTED SPEED LIMITSPEED UNITUSER fDNote: Thj-s layoutdigì-tsAutocite Comment l-

Autoci-te Comment 2

(MM/YY)

x(s)x(1s)x(1s)x(r_s)x(4)x (s)

30 10831 11331 r2831 L4332 15833 16234 16735 17036 L1331 716

and TCKT NUM

LL2L21L42157161L66r69112175

1,96that begin

x(3)x (2L\ *

is used for TCKT TYP 'PARK' with 9 and are 10

x(60)x(60)

38 L9139 251

256316

Sample

r_08

91 8488384420131209 21 3040.JPG

9 1 848838 49201 31209 21 41 44.JP c

9 1 848838 5120 1 31 209 21 4623.JP c

9 1 848838 4320 1 31209 212828.JP c

9 1 848838 4320 1 31 209 212820.JP c

9 1 848888 55201 31209 1 95423. J Pc

9 1 848838 45201 31 209 21 3412. J PG

9 1 848888 55201 31209 1 954 1 4. J Pc

91 8488885520131209 1 95406.JPG

1_09

ATTACHMENT 6

SAMPLE CHICAGO POLICE DEPARTMENT ADMINISTRATIVE NOTICE OF VIOLATION

lùr N¡mqtl,lN¡mcR!.pond0nt l/(hiiryo Rutil¡rtoirodnìrn4 /krnÍt MI

j À0r/Srr

CilY

Pca$n 5eN.d rf ot¡e¡ l¡o, the terpÒillcilt LiltlJùrno,firrt llrnr

A(d/DlltV¡¡o Dr lnv¡nlory llo ¡lortll(¡blc

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Coonr I InThrr:

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vlo tl¡re Mo/ory

20tImaof v0r on Oo,

( Jrl{

l¡orkê0¡r(. Mdory ff¡r of liolí((

20tt^vî illqül o t, i t úßr+ilot 11.497

-08-1il

Hm¡Umì U¡laltYou llÂvl 0¡a( l¡5UtD^t^rl l¡ 0rlloìVtol^llot Yoù{U¡l^¡PU¡to6^ Mdo^ro¡t ÍU¡lù6O[

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ADM|N|STFAT|VE NOTTCE OF OBDTNANCE V|OLAT|ON f ,{ìIr tlro clly ol Chlcilltù Or]DtrrtnìoIt ol ¡ldtrrlilrflhllvo llonrlnflu I I ttrl^

Clly ol Clrlc0to, ¡ Mr¡illcltrnl CorIorñlkrt, l,ollllotror, vr lrfVl |3 I r tl

STEPI: Olfl(cnlNclll0¡loilnrpNlor,nnd/qrCom¡l¡lròntonoðlhtl¿tslhailhêRorpondsntdld th$ord lhs. v¡olôrq lhslollwing rrdlonltollhe À'lunl(¡p¡l(odo qf CÍkðgol

5TEP2r Yo(fìlu!lD.t(rlboA(llonrlorEà(hCou¡tbelowl

Admlnistrallve He0rlng Appearance

Ìm${ Ä¡ltü&M ilüð},i{lv *r{ûd}t ut t¡liis€rJ ilêb&¡$u.is'}Ñ tlì [ìdd,¡"til ,i$il4f14 *\i(iþ$i¡r- ,?.qéd)tã ot ùÀdËtü

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