Request for Proposal · Proposal Contents ..... 18 VII. Proposal Evaluation ..... 28 Appendix A: Current Environment ... Provide scalable server performance and storage to accommodate

Request for Proposal

Hosting Services

For those unable to attend the non-mandatory pre-proposal conference on June 12th, below is the information to join in via WebEx:

Join WebEx meeting Meeting number (access code): 738 100 285 Meeting password: 6eTHFEWM

Join by phone 1-240-454-0879 USA Toll Global call-in numbers Can't join the meeting? IMPORTANT NOTICE: Please note that this WebEx service allows audio and other information sent during the session to be recorded, which may be discoverable in a legal matter. By joining this session, you automatically consent to such recordings. If you do not consent to being recorded, discuss your concerns with the host or do not join the session.

https://clevelanddpu.webex.com/clevelanddpu/j.php?MTID=m82eb94992ef50ba5a29bba503c706c74

https://clevelanddpu.webex.com/clevelanddpu/globalcallin.php?serviceType=MC&ED=645022882&tollFree=0

https://collaborationhelp.cisco.com/article/WBX000029055

1

CITY OF CLEVELAND

Department of Public Utilities

Request for Proposal For

Hosting Services

June 2018

2

Table of Contents

I. Introduction and Background .................................................. 3II. Scope of Services .................................................................. 5III. General Guidelines ............................................................... 11IV. Proposal Requirements ......................................................... 12V. Qualification for Proposal ...................................................... 17VI. Proposal Contents ................................................................ 18VII. Proposal Evaluation .............................................................. 28 Appendix A: Current Environment Appendix B: Proposal Checklist Appendix C: Fee Proposal Appendix D: Proposer Questions Appendix E: Interfaces Appendix F: Baseline Parameters Appendix G: Required City Forms Appendix H: Ordinance No. 414-17 Appendix I: Reimbursable Policy Appendix J: Sample Agreement

3

I. Introduction and Background 1. Introduction

The City of Cleveland (City), Department of Public Utilities (DPU), through its Director of Public Utilities (Director), is soliciting proposals from qualified information technology firms (Consultant) for Hosting of DPU’s Oracle Customer Care & Billing (CC&B) system and other potential, future applications. The result of this procurement process will be one or more contracts with one or more Consultants for the services described herein. This is pursuant to Ordinance No. 414-17. The contract term is for a period of three years, with two options to renew for additional one-year periods The selected Consultant will provide Hosting Services, for the Oracle CC&B billing system and other potential, future applications. This Consultant will work in conjunction with DPU and with DPU’s Managed Services staff. The current CC&B hosting agreement is for fully managed hosting services.

2. Background

Overview The City of Cleveland Department of Public Utilities (DPU) is comprised of the Divisions of Cleveland Water (CWD), Cleveland Water Pollution Control (WPC), Cleveland Public Power (CPP), Utilities Fiscal Control, and Radio Communication. CC&B is primarily used to manage billing and related activities for the Division of Water (CWD). CWD is a self-sustaining business enterprise of the City, with approximately 430,000 customer accounts. CWD maintains a 640-square mile service area, including 6,000 miles of distribution mains located in the City. CWD serves 72 communities. DPU staff is located at process, support and administrative facilities throughout the Greater Cleveland area. In addition to CWD accounts, DPU also serves as the billing agent for several municipalities and for the Northeast Ohio Regional Sewer District (NEORSD). DPU is soliciting proposals from qualified Consultants interested in providing hosting services to DPU specifically to manage our Oracle Customer Care & Billing (CC&B) system and other potential, future applications.

CC&B Overview DPU implemented CC&B version 2.1.0 in 2009 upgraded to 2.4.3 R3 in January 2016 and has an additional upgrade to version 2.6 planned in 2019. This is the customer

4

information and billing system for CWD. There are approximately 200 users of CC&B. In addition to water billing, CWD bills solid waste and waste water on behalf the City of Cleveland and various suburbs. CWD also is the billing agent for the Northeast Ohio Regional Sewer District and its 280,000 accounts. CC&B handles most aspects of our customer information including billing, rates, collections, field service, meter reads, and meter management. CC&B anticipates adding new customers to the current total at a point to be determined, after contract is awarded. The CC&B infrastructure, application, and databases are hosted off-site by Current Hosting Vendor. Current managed support services for this application are provided Ernst & Young. They provide mainly on-site support with some off-site support. The managed services team provides a variety of technical roles including technical/application administrators, batch operations and monitoring, business analysts, and report development. In addition to production, the managed services team maintains 4 test environments, a development environment and a training environment; there are eight (8) total instances. The current environment can be found in Appendix A.

The current contract for hosting will expire in the spring of 2019. It is critical that a Consultant for hosting be selected well before the expiration date to allow for the transition to a potential new team and new infrastructure.

DPU reserves the right to reject any or all proposals or portions of them, to waive irregularities, informalities, and technicalities, to re-issue or to proceed to obtain the service(s) desired otherwise, at any time or in any manner considered in DPU’s best interests. The Director may, at his/her sole discretion, modify or amend any provision of this notice or the RFP.

II. Scope of Services 1. General Objectives DPU wishes to obtain hosting services that meet the following objectives:

Provide the infrastructure, OS patching, database installation and monitoring of all production, non-production and DR environments

Provide stable, redundant, highly available computing configurations for both batch and online processing

Provide scalable server performance and storage to accommodate DPU’s changing needs and growth

Provide disaster recovery to ensure that a failure does not impact DPU’s ability to produce bills, process payments, and post financial results

5

Provide 24x7x365 support of infrastructure and applications Minimize downtime and the impact of downtime from infrastructure and

application upgrades and patches Provide infrastructure and services to manage multiple software environments

to support development, testing and production Provide services to maintain the system software, RDBMS software, application

software and manage releases to ensure an up to date, consistent and reliable software environment. Updates should include patches and fixes

Provide DPU with a cost effective approach Provide similar or better high availability solution for hosting environment Make all possible efforts for immediate continuation of services in the event of

a disaster including using another hosting facility. Once a disaster is declared, the recovery team must contact the Department of Public Utilities Chief Information Officer and/or their designee(s) with routing information and make sure services are restored and the new production environment is accessible according to the agreed upon SLA

2. Hosting Services

HOSTING SERVICES TABLE Service Description Curren

t New

Hosting Management

Capacity planning and management Performance management Servicers and storage (installation, management, monitoring,

patch installation and management, service pack installation, configuration management, redundancy through multiple carriers), UPS

Physical security (facility, DPU servers, storage) Conditioned space Disaster recovery Technical consulting services

X X

Database Management and Maintenance

Standard maintenance and troubleshooting Maintain and administer database security components Redundant connectivity using VPN from client side to the

hosting side Must be able to provide fast refreshes for database and

application Solution for offsite DB local to DPU (Please consider network

bandwidth and other factors) Consultant should upgrade the databases with the latest

version available Consultant should be able to provide and work on the latest

features of the databases i.e. 12C RAC, Multitenant and any other features available at that time.

X X

Operating System Management and Maintenance

AIX 7.1 and windows 2014 64 bit is the current OS Hosting team will take care of the following: Quarterly Patching Any OS performance issue Any request that will require facilitation of the application and

client needs Perform backup and recovery for any file system on the OS

X

6

Infrastructure Management

LAN (with CONSULTANT’s datacenter) Bandwidth management Server solutions Load balancing of servers Storage solutions WINDOWS UNIX AIX Intrusion detection and prevention Redundancy and failover (servers, storage, carriers) Consultant must follow an agree change management process

or audit compliance change management process.

X X

High Availability Proposer must provide a detailed implementation roadmap and cost plan for high availability options X

Security Management

Proposer must provide a detailed security plan that should include, but not be limited to, the following components: Security strategy and planning Security monitoring Must keep the client notified at all the times regarding any

changes and outages. Authentication, authorization and access control Network and systems platform infrastructure Internal controls audits Threat and vulnerability detection , implementation, and testing

(facility, servers, network, storage) Technical consulting services Firewall, load balancer and intrusion prevention services

X X

Disaster Recovery and Business Continuity

Proposer must provide a detailed DR and business continuity planthat will include utilizing a virtual copy of the production environment for DPU’s reporting solution (TBD).

X X

Server Hardware Management and Maintenance

Hosting team will be responsible for providing recommendations and best practices as it relates to hardware maintenance and ensure preparedness in case of hardware failures.

Hosting team will also perform required maintenance to the hardware used by DPU and ensure optimal performance and availability as outlined in the SLA. Maintenance schedule must be approved prior to performing with no less than 72 hour notice

X

Network Connectivity, Firewall, Load Balancer and Intrusion Prevention Services

Proposer will work with DPU to ensure configuration

changes to network equipment meet Consultant requirements regarding firewall, load balancing and intrusion prevention service

Proposer must include in their proposal a WAN connectivity design and parameters to access the cloud environment

X

7

A. Architecture Consultant will provide and maintain over the term of the contract, a “current state” and “future state” diagram that represents the actual architecture used by DPU. Consultant will update this diagram to reflect ongoing changes in the architecture. Architecture will include the production environment, all non-production environments and a backup and recovery site. The Consultant will also provide: 1) a replicated production CC&B database (logical or physical) environment that will be used for any reporting. 2) quarterly diagrams updated with all the infrastructure details. 3) management of applications online that are implemented using distributed clustered design 4) management of batch application that are implemented in clustered mode using multi nodes.

B. Reporting/Meeting Consultant will provide monthly status reports for project and operational activities including but not limited to: key accomplishments, problems/issues, performance metrics, and recommendations. Consultant will meet with DPU in person or remotely as required to review the monthly status reports. Hosting team will provide a detailed root cause analysis of any unplanned outages within 72 hours

C. Service Levels & Penalties

The expected service levels are listed below. Proposers should quote their fee based on these service levels. If the proposer is unable to meet these service levels or is proposing alternative service levels, that should be clearly indicated in the response and identified as an assumption in the fee proposal. Consultant will be the single point of contact with DPU and other vendor (s) that have components in the hosted network. This includes, but not limited to, being the single point of contact for network issues and/or outages for the hosting environment

8

Availability Definition: Application and databases should be up and running properly so that users can login and perform their business as usual. Network should be fully working with agreed bandwidth without any lagging, fluctuations, or disconnections. Application and database must be performing 100% on a normal day, in the event of an outage and fix, the system will not be accepted below 80% of its performance and 100% of its functionality available. Appendix F provides baseline parameters for application and network functionality specific to business as usual.

Service level Agreements and Priority

Severity 1 - Critical

Service outage or a major application problem impacting a large number of users. Service cannot be utilized and/or no work around exists.

Example: Service is not available; application does not save critical data correctly

Example: Slow application response time, session timeouts, some application functionality is broken.

Severity 2 - Medium

Impact on a small or large number of users, but a workaround exists.

Example: Some minor application functionality is broken, but the service is still usable.

Severity 3 - Low

No impact on users

Example: A request for a new feature

Availability Requirement and Penalties

Description Requirement Production Application Availability 99.99 % Non-Production Application Availability 99.9%

9

Type Measurement Penalty

Production Application Availability

Availability exceeds 99.99% every day in a 1 month period.

NA

Availability falls below 99.99% for more than 2 days of the month during regular business hours.

10% of monthly fees

Non-Production Application Availability

Availability falls below 99.9% for more than 2 days of the month during regular business hours.

10% of monthly fees

Response and Resolution/Repair Requirement and Penalties

Description Requirement Response Time to Severity 1 100% within 15 min Response Time to Severity 2 90% within 15 min Response Time to Severity 3 80% within 1 business day Resolution/Repair Time to Severity 1 4 hours or less Resolution/Repair Time to Severity 2 24 hours or less Resolution/Repair Time to Severity 3 48 hours or less


Severity 1 Critical

All problems are resolved in less than 4 hours. NA

One or more Critical problems are resolved in over 4 hours.

10% of monthly fees

Severity 2 Medium

One or more Medium problems are resolved in over 24 hours

5% of monthly fees

Severity 3 Low One of more Low problems are resolved in over 48 hours 5% of monthly fees

End User Satisfaction

Less than 80% of completed scores on problem resolution satisfaction survey have a rating of satisfied or very satisfied.

10% of monthly fees

Status Update Requirement and Penalties Priority Target Customer Status Update Time Severity 1 Critical Every 30 minutes or as agreed upon with the Customer(s)

Severity 2 Medium Every 60 minutes or as agreed upon with the Customer(s) Severity 3 Low As agreed upon with the Customer(s)

10


Severity 1 Critical

All status updates provided in less than 30 minutes NA

One or more updates are provided in over 30 minutes. 10% of monthly fees

Severity 2 Medium

One or more Medium updates are provided in over 60 minutes

5% of monthly fees

Severity 3 Low To be determined on case by case basis 5% of monthly fees

End User Satisfaction

Less than 80% of completed scores on problem resolution satisfaction survey have a rating of satisfied or very satisfied.

10% of monthly fees

Reporting Requirements and Penalties Type Requirement Daily Status Reports As agreed upon by customer and consultant

Weekly Status Reports As agreed upon by customer and consultant Monthly Status Reports As agreed upon by customer and consultant Quarterly Status Reports As agreed upon by customer and consultant


Daily Status Report Delivered at not less than one calendar day intervals 5% of monthly

invoice Weekly Status

Report Delivered at not less than seven calendar day intervals

5% of monthly invoice

Monthly Status Report

Delivered at monthly intervals and not less than two business days before scheduled review meeting


Quarterly Status Report

Delivered at quarterly intervals and not less than five business days before scheduled review meeting


III. General Guidelines

Compensation and Invoicing

A. Hosting Services Compensation for hosting services shall be based on fixed tiered amounts stipulated in the contract. In general, hosting services do not qualify for reimbursable expenses. Project resources will be allowed as approved by DPU during the initial implementation if required. The DPU reimbursable expense policy can be found in Appendix I.

11

The Consultant shall be paid for services based on fixed amounts as stipulated in the contract. Any additional fees must be approved through the change control process. The Consultant shall submit its invoice for progress payment to DPU no later than the close of business on the thirtieth (30th) calendar day of the month following the month for which payment is requested. If the 30th calendar day would fall on a Saturday, Sunday, or Holiday, then the submittal shall be on the previous working day. The Consultant shall not submit invoices more frequently than once per month.

The fees indicated on the invoice must map directly to what has been agreed in the contract or subsequent change orders. Invoices that do not provide an adequate description of the fees may be rejected and returned to the Consultant.

IV. Proposal Requirements

1. Submission of Proposal

Each proposer shall submit its proposal(s) in the number, form, manner, and by the date and time and at the location required in the Section I above.

i. Each proposer shall provide all information requested in this RFP. The proposer

must organize its proposal package to address each of the elements in this RFP in the order listed in Section VI, Proposal Contents. The proposer should carefully read all instructions and requirements and furnish all information requested. If a proposal does not comply with all terms, conditions, and requirements for submittal, the City may consider it unacceptable and may reject it without further consideration.

ii. The City wishes to promote the greatest feasible use of recycled and

environmentally sustainable products and to minimize waste in its operations. To that end, all proposals should comply with the following guidelines: Unless absolutely necessary, copies should minimize or eliminate use of non-recyclable or non-reusable materials. Materials should be in a format permitting easy removal and recycling of paper. A proposer should, to the extent possible, use products consisting of or containing recycled content in its proposal including, but not limited to, folders, binders, paper clips, diskettes, envelopes, boxes, etc. Do not submit any or a greater number of samples, attachments or documents not specifically requested.

iii. If you find discrepancies or omissions in this RFP or if the intended meaning of

any part of this RFP is unclear or in doubt, send a written request for clarification or interpretation to Mr. Simon Mastroianni, 1201 Lakeside Avenue, Cleveland, Ohio 44114 no later than the date listed in the cover letter. Requests for clarification

12

or interpretation may be submitted via e-mail to [email protected].

2. The City’s Rights and Requirements

i. The Director, at his/her sole discretion, may require any proposer to augment or supplement its proposal or to meet with the City’s designated representatives for interview or presentation to further describe the proposer’s qualifications and capabilities. The requested information, interview, meeting, or presentation shall be submitted or conducted, as appropriate, at a time and place the Director specifies.

ii. The City reserves the right, at its sole discretion, to reject any proposal that is incomplete or unresponsive to the requests or requirements of this RFP. The City reserves the right to reject any or all proposals and to waive and accept any informality or discrepancy in the proposal or the process as may be in the City’s best interest.

iii. Proposal as a Public Record

Under the laws of the State of Ohio, all parts of a proposal, other than trade secret or proprietary information and the fee proposal may be considered a public record which, if properly requested, the City must make available to the requester for inspection and copying. Therefore, to protect trade secret or proprietary information, the proposer should clearly mark each page - but only that page - of its proposal that contains that information. The City will notify the proposer if such information in its proposal is requested, but cannot, however, guarantee the confidentiality of any proprietary or otherwise sensitive information in or with the proposal. Blanket marking of the entire proposal as “proprietary” or “trade secret” will not protect an entire proposal and is not acceptable.

iv. Cleveland Area Business Code

Requirements. During performance of this Agreement, Contractor shall comply with all applicable requirements of the Cleveland Area Business Code, Chapter 187 of the Codified Ordinances of Cleveland, Ohio, 1976 (“C.O.”), and any Regulations promulgated under the Code, which Code and Regulations are incorporated into and made part of this RFP by this reference as fully as if rewritten in it or attached. Specifically, compliance under any resulting agreement shall include, but not be limited to, the Contractor’s:

Compliance with its proposal representations regarding CSB, MBE, and/or FBE participation in performance of the Agreement;

13

Compliance and cooperation with Project Monitors, whether from the Mayor’s Office of Equal Opportunity (the “OEO”) or the contracting department; Accurate, complete, and on-time submission of all reports, forms, and documents including, but not limited to, employment reports, certified payrolls, monitoring forms, and other information the Director of the OEO may require, whether in printed or electronic form, to ascertain and verify Contractor’s compliance; and Attendance at and participation in all required project meetings, including OEO compliance meetings, and progress meetings called by the contracting department director(s) at key intervals during performance of the contract services.

Failure to Comply. When determining the contractor’s future eligibility for a City contract, the City shall consider a contractor’s failure to comply with the representations of its proposal and the requirements under the Code as a failure to faithfully perform a contract. a. Under the Cleveland Area Business Code, the City of Cleveland is firmly

committed to assisting Minority Business Enterprises (MBEs), Female Business Enterprises (FBEs), and Cleveland- area small businesses (CSBs) by providing and enhancing economic opportunities to participate in City contracts. The successful proposer for a contract will be a firm that shares that commitment. Accordingly, a proposer is strongly encouraged to utilize the services of qualified MBE/FBE/CSB sub-consultants that are certified by the Mayor’s Office of Equal Opportunity (the “OEO”) in its proposal.

b. The standard subcontracting goal for professional services contracts is 10%

Cleveland Area Small Business (“CSB”) subcontractor participation. Please review the attached Office of Equal Opportunity documents to ascertain the goal for the proposed contract. Proposers are required to make a good-faith effort to subcontract portions of the work to certified Minority Business Enterprise (“MBE”), Female Business Enterprise (“FBE”), and CSB firms, consistent with the subcontracting goal(s) applicable to this RFP.

. c. To document its good-faith effort to utilize certified MBE, FBE and CSB sub-

consultants, each proposer must complete Schedules 1 through 4 found in the Cleveland Area Business Code - Notice to Bidders and Schedules. These schedules identify the proposer’s proposed use of MBE, FBE and CSB sub-consultants on the project, which evidences the proposer’s good-faith effort to obtain the participation of certified sub-consultants. The proposer shall submit the completed forms with its proposal and they will be forwarded to the City’s Office of Equal Opportunity for evaluation. Failure to submit complete schedules may result in the rejection of a proposal

14

Proposers may obtain a listing of firms certified by the OEO as CSBs, MBEs and FBEs by checking the City’s website at http://www.city.cleveland.oh.us. On the home page, select “Office of Equal Opportunity” from the drop-down menu of City departments. On the Office of Equal Opportunity page, you will find a selection in the left-hand column for “CSB/MBE/FBE Registry”. Proposers are responsible for obtaining the most current list and for contacting potential CSB/MBE/FBE sub-consultants. The City assumes no responsibility for matching prime consultants with qualified, certified MBE, FBE, and/or CSB sub-consultants. The City Office of Equal Opportunity will monitor participation of MBE, FBE, and/or CSB sub-consultants throughout the duration of the engagement or project. The successful proposer, as contractor, will be responsible for providing the OEO with all information necessary to facilitate this monitoring. The Cleveland Area Business Code, any Regulations promulgated under the Code, and the OEO Notice to Bidders & Schedules are, by this reference, incorporated in and made part of this solicitation and any resulting contract as fully as if written in it or attached.

d. The successful proposer, as contractor, will be required to comply with all

terms, conditions, and requirements imposed on a “contractor” in the following Equal Opportunity Clause, Section 187.22(b) of the Cleveland Codified Ordinances, and shall make the Clause part of every subcontract or agreement entered into for services or goods and binding on all persons and firms with which the proposer may deal, as follows: No Contractor shall discriminate against any employee or applicant for employment because of race, religion, color, sex, sexual orientation, national origin, age, disability, ethnic group or Vietnam-era or disabled veteran status. Contractors shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to race, religion, color, sex, sexual orientation, national origin, age, disability, ethnic group or Vietnam-era or disabled veteran status. As used in this chapter, “treated” means and includes without limitation the following: recruited whether by advertising or other means; compensated, whether in the form of rates of pay or other forms of compensation; selected for training, including apprenticeship, promoted, upgraded, demoted, transferred, laid off and terminated. Contractors shall post in conspicuous places available to employees and applicants for employment, notices to be provided by the hiring representative of contractors setting forth the provisions of this nondiscrimination clause.

v. Term of Proposal’s Effectiveness.

15

By submission of a proposal, the proposer agrees that its proposal will remain effective and eligible for acceptance by the City until the earlier of the execution of a final contract or 180 calendar days after the proposal submission deadline (the “Proposal Expiration Date”).

vi Execution of a Contract.

The Successful Proposer shall, within ten (10) business days after receipt of a contract prepared by the City Director of Law, exclusive of Saturdays, Sundays and holidays, execute and return the contract to the City together with evidence of proper insurance and intent to conform to all requirements of the contract. Attached hereto or which are a part hereof and all applicable federal, state and local laws and ordinances prior to or at the time of execution of the contract.

vii. Short-listing

The City reserves the right to select a limited number (a “short list”) of Proposer’s to make an oral presentation of their qualifications, proposed services, and capabilities. The City will notify the proposers selected for oral presentations in writing.

viii. Proposer’s Familiarity with RFP; Responsibility for Proposal

By submission of a proposal, the proposer acknowledges that it is aware of and

understands all requirements, provisions, and conditions in and of this RFP and that its failure to become familiar with all the requirements, provisions, conditions, and information either in this RFP or disseminated either at a pre-proposal conference or by addendum issued prior to the proposal submission deadline, and all circumstances and conditions affecting performance of the services to be rendered by the successful proposer will not relieve it from responsibility for all parts of its Proposal and, if selected for contract, its complete performance of the contract in compliance with its terms. Proposer acknowledges that the City has no responsibility for any conclusions or interpretations made by proposer on the basis of information made available by the City. The City does not guarantee the accuracy of any information provided and proposer expressly waives any right to a claim against the City arising from or based upon any incorrect, inaccurate, or incomplete information or information not otherwise conforming to represented or actual conditions.

ix. Interpretation

The City is not responsible for any explanation, clarification, interpretation, representation or approval made concerning this RFP or a proposal or given in any manner, except by written addendum. The City will mail, e-mail, or

16

otherwise deliver one copy of each addendum issued, if any, to each individual or firm that requested and received a RFP. Any addendum is a part of and incorporated in this RFP as fully as if originally written herein.

V. Qualification for Proposal Each proposer, regardless of the form of its business entity, must meet the following requirements. Failure to meet all requirements may be cause for rejection of a proposal. If proposer is a partnership or a joint venture, at least one general partner or constituent member must meet the requirements. Each proposer must:

Provide evidence that it has a minimum of 5 continuous years of experience within the last 10 years of providing IT services described in this RFP.

Be authorized to conduct business in the State of Ohio, County of Cuyahoga and the City of Cleveland.

Possess or demonstrate it qualifies for all applicable licenses, certificates, permits, or other authorizations required by any governmental authority, including the City, having jurisdiction over the operations of the successful proposer and the proposed services.

Submit with its proposal at least three (3) written, verifiable, references dated within the last two years from clients for which the proposer has rendered services substantially similar to those sought by this RFP, and recommending Proposer for selection for such services.

Insurance: The successful proposer, at its expense, shall at all times during the term of the contract resulting from this RFP, maintain the following insurance coverage. The insurance company(ies) providing the required insurance shall be authorized by the Ohio Department of Insurance to do business in Ohio and rated “A” or above by A. M. Best Company or equivalent. The successful proposer, as contractor, shall provide a copy of the policy or policies and any necessary endorsements, or a substitute for them satisfactory to and approved by the Director of Law, evidencing the required insurances upon execution of the contract.

i. Professional liability insurance with limits of not less than $2,000,000.00 for

each occurrence and subject to a deductible for each occurrence of not more than $50,000.00 per occurrence and in the aggregate, and if not written on an occurrence basis, shall be maintained for not less than two (2) years after satisfactory completion and written acceptance of the services under the contract.

ii. Workers’ compensation and employer’s liability insurance as provided under the

laws of the State of Ohio.

iii. Statutory unemployment insurance protection for all of its employees.

17

iv. Such other insurance coverage(s) as the City may reasonably require.

v. The City will not negotiate with the “Limits of Liability”.

VI. Proposal Contents Each proposal shall include the following parts in the below order. Please separate and identify each part by tabs for quick reference. Each proposal should be organized so as to facilitate its evaluation. Emphasis should be concentrated on accuracy, completeness and clarity of content. Page size shall be 8.5 x 11 inches (11x17 inch pages may be utilized for graphical representations but each will be counted as two pages). Font size shall be no less than 12 pt. Tabs, dividers, and appendices are excluded from the page count. All parts, pages, figures and tables should be numbered and labeled clearly. It is requested that proposals be in flat bound form to facilitate filing. Please do not submit proposals in loose-leaf binders. Technical proposals should be no more than 50 single-sided printed pages, excluding appendices. 1. Technical Proposal Contents

The Technical Proposal should be organized as follows: Section Title 1 Executive Summary 2 Company Background 3 Proposed Hosting Services Solution 4 Implementation Plan 5 Staffing Plan 6 Ongoing Support and Maintenance 7 Response to Proposer Questions 8 Client References 9 Documentation 10 Exceptions and Deviations 11 Environmental Sustainability

Section 1: Executive Summary The executive summary should provide a complete and concise summary of proposer’s experience and ability to meet the requirements of this RFP for similar entities. It should briefly state experience and why proposer is the best candidate for the engagement. The summary should be organized so it can serve as a stand-alone summary apart from the remainder of the proposal.

18

Section 2: Company Background Proposer should provide a detailed company overview for the prime and the sub-consultants. This should include a description of the nature of the firm’s experience in providing hosting services for similar entities. Place specific emphasis on IT projects for government and/or utilities. Indicate the role of the prime and the sub consultants for these services.

Section 3: Proposed Hosting Services Solution Proposer is required to provide detailed description of its hosting services and how it will meet requirements of this RFP as outlined in the Scope of Services as well as in Appendix D. This detailed description should include: 1) Data Circuit from the hosting site to DPU being the responsibility of the Consultant.

This should be included in the pricing proposal. 2) Outline of the process and operational impacts of scalable server performance and

storage 3) WAN connectivity design and parameters to access the cloud environment 4) Implementation roadmap and cost plan for high availability options

Section 4: Implementation Plan The Consultant is to provide an implementation plan in narrative format supported by an activity-level project plan that details how the Scope of Services will be implemented This implementation plan should include the following elements:

a) General Implementation Approach b) Project Management Approach c) Business Process Analysis Approach d) Hardware and Software Installation e) Report Development f) Testing g) Operational Redesign Approach h) System Documentation i) Security Plan j) Disaster Recovery Plan Development k) Knowledge Transfer

The Consultant should not be constrained to only include the above items in the Consultant’s proposal response if the Consultant feels that they add value to the

19

overall implementation. DPU requests that the Consultant provide their work plan in a Microsoft Project format as part of the proposal response.

Under the direct oversight of the DPU IT Project Management Office, it is expected that the Consultant will lead the efforts in each of the implementation areas described below unless stated otherwise. Further details on what is to be provided as part of the Consultants proposed implementation plan are included in the following subsections.

General Implementation Approach

Provide a general overview of the implementation approach you plan to use for DPU that includes addressing the following items:

o Describe the key factors for success in this type of project. o Describe key differentiators of the approach as it relates to implementing

a solution on time, within budget and with the ability to meet the needs of a diverse client like DPU.

o Describe the proposed nature of the transition period in moving from the current hosted environment to the proposed hosted environment

Any unique tools, techniques or methods that you use should be described in this section.

Project Management Approach

As part of any significant engagement, DPU employs a project management approach that is based on the PMI methodology. DPU would expect responding Consultants to adhere to such standards as part of the project.

In addition, provide an overall description of the Consultant project management approach towards this type of engagement. This would also include a description of:

a) Project governance b) Project plan creation and tracking c) Risk Assessment and management d) Communication management e) Change management

DPU requests that the Consultants respond to each of the following items related to project management:

Based on information provided in this RFP and experience in working with other large cities and public utilities organizations, what is the Consultant’s perspective on the most significant risks to this project and how do you plan to mitigate these risks?

20

Describe the performance record of your firm with regard to delivering hosting

services within scope, schedule, and budget. Describe project controls performance regarding cost monitoring and timely

delivery of invoices and client-required reports.

Describe internal quality management processes to ensure that work-products and project deliverables will meet the quality standards expected from the project.

How does the Consultant plan to manage the vast amount of material that is

produced during the project through potential solutions such as a collaboration environment?

To what degree does DPU have access to Consultant’s work papers developed during the course of the project?

Clear delineation of project management responsibilities between the DPU and

the Consultant.

Specific information on project close-out activities to transition support to the DPU

Business Process Analysis Approach

DPU utilizes a business analysis approach that is based on the PMI BABOK. DPU would expect responding Consultants to adhere to such standards as part of the project.

It is expected that the Consultant will perform detailed business process analysis for hosting service processes identified throughout this project. Provide an overall description of the Consultant’s business analysis approach in this type of engagement. This would include a description of the Consultant methods for support of each of the five business analysis phases of this project (Planning, Elicitation, Analysis, Traceability/Monitoring, and Evaluation). Indicate any tools, templates and methods that the Consultant plans to use to manage this project in the following areas:

a) Describe your approach to Requirements Management b) Describe your approach and techniques for Elicitation c) Describe your approach in process gap analysis and the models utilized

21

Hardware and Software Installation

The Consultant may be expected to specify, supply, deliver, install and support all system software, hardware and communications equipment that may include pre-installing or equipment staging. It is expected that the Consultant will evaluate DPU’s readiness for hardware and software installation through its evaluation of the technical infrastructure. It is expected that the consultant will be working directly with Hosting Services Consultant(s) in preparation for the new hosted environment. Describe your process for acquiring hardware and software for installation.

Report Development

For specific hosted environment reporting requirements, it is anticipated that the Consultant will take the lead on developing and providing any reports required. The Consultant is expected to provide knowledge transfer to the DPU staff during development of reports, via technical training on the tools used for report development.

Testing

It is expected that the Consultant manage and participate in all project related testing. The Consultant should describe their recommended approach and expected outcomes to the following types of testing that are anticipated to be performed on the project and the type of assistance they anticipate providing to DPU related to testing: System testing Unit testing Integration and migration testing Stress/Performance testing User acceptance testing

Operational Redesign Approach

With the deployment of new hosted environment, DPU wishes to take advantage of capabilities within the software that provide support for operational improvements. Consultants are requested to describe their approach towards operational redesign including discussion on the optimal time in which to conduct redesign as it relates to implementation of the new hosted environment.

22

System Documentation

The Consultant is expected to provide or make available user manuals and online help for use by DPU as part of the initial training and on-going operational support. Additionally, the Consultant is expected to provide technical documentation. Describe what types of documentation you anticipate developing during the course of the project.

Security Plan Proposer must provide a detailed security plan that should include, but not be limited to, the following components: • Security strategy and planning • Security monitoring • Notification of no less than 72 hours at all the times regarding any changes

and outages. • Authentication, authorization and access control • Network and systems platform infrastructure • Internal controls audits • Threat and vulnerability detection, implementation, and testing (facility,

servers, network, storage) Technical consulting services Firewall, load balancer and intrusion prevention services

Disaster Recovery and Business Continuity Plan

The Consultant should describe their experience and expertise in developing a Disaster Recovery Plan that will be appropriate for the application being deployed. Consultant must provide a detailed DR and business continuity plan that will include utilizing a virtual copy of the production environment for DPU reporting solution. Any unique tools or methods that the Consultant uses should be described.

Knowledge Transfer

The Consultant should describe their process for ensuring that knowledge transfer occurs back to DPU staff and/or other vendors such that staff are capable of supporting and maintaining the application in the most proficient manner once the Consultant implementation engagement is complete.

Section 5: Staffing Plan The Consultant must detail the type and amount of implementation support to be provided (i.e. number of personnel, level of personnel, time commitment, etc). Include

23

resumes for all personnel that will be assigned to the project to include the following information:

Role on the project Educational background Number of years employed at your company Number of years conducting their proposed role on the project Certifications that are appropriate to the role they will be fulfilling on the

program (i.e. PMP, PMI-PBA) Expected amount of time (hours) that they will be committed to the project Relevant previous experiences

If the Consultant is using a subcontractor, please include information on subcontracting staff being used and their specific role on the project. Additionally, the Consultant should address the following items:

Identify the degree to which Consultant staff will be onsite versus offsite during the project

Demonstrate your ability to provide continuity of skilled consultant resources throughout the duration of the project

Describe the degree in which activities will be performed during normal business hours versus off-hour

Section 6: Ongoing Support and Maintenance

The Consultant must specify the nature and conditions of any post-implementation support options including:

a) Onsite support b) Telephone support – include the minimum response time provided as part

of the basic support agreement and average response time for the past 12 months.

c) Escalation options and procedures. These options and procedures will align with the service level agreements outlined under Scope of Services

d) Sample of maintenance schedule for hosted environment

Identify the party or business unit that is responsible for the support options provided above. Likewise, the City requests that the Consultant provide the following with respect to expectations on DPU staff involvement to provide on-going support of the application including the following:

24

Identification of an appropriate governance in which to manage the environment going forward understanding that any maintenance scheduled must be approved prior to being performed during non-production hours with no less than 72 hour notice

Identification of the number of staff expected to be committed to providing on-going application support including the following:

o Role o Responsibility o Estimated time commitment in terms of FTE time including technical

and operational staff within DPU For IT staff resources, provide the additional following information as well:

o Type of positions required (i.e. help desk, trainer, DBA, report developer, application support, system administrator, security administration, etc.)

o Number of FTEs within each position o Skill sets required for each position o Training required and whether the Consultant provides this training

Section 7: Response to Proposer Questions

Identified in Appendix D are a number of requirements that must be addressed by the Consultant’s proposal for the core hosting services. These requirements are considered mandatory in implementing the complete solution as defined in Section 2, Scope of Services Each Consultant should review the specifications and reports listed in each subsection and respond as to their availability within the hosting services. Use the Comment column to provide additional comments pertaining to your response for that item.

Section 8: Client References

Each proposer that is participating in the proposal should provide three (3) references, which may be contacted concerning the proposer’s performance on hosting services of different utility/government types. The references should be from the prime contractor and not from a subcontractor. Please provide hosting services references whenever possible, for large cities or utilities similar to Cleveland with a public utility population greater than 400,000 and a customer base of over 200,000 accounts of different utility types.

Please provide the following:

Client name, city and state

25

Type of utility Client contact (include phone and e-mail address) Active number of accounts Description of services provided Descriptions of the roles your company is providing Software environment supported Date services were first performed Current relationship status Role of proposer (prime or subcontractor) In addition to the 3 references, please provide a list of any additional

related engagements that will help differentiate the proposer’s proposal Section 9: Documentation

During the evaluation period, the Consultant shall provide one set of technical, sample training documentation and end-user documentation to DPU.

Section 10: Exceptions and Deviations

If the Consultant finds it impossible or impractical to adhere to any portion of these specifications and all attachments, it shall be so stated in its proposal, with all deviations grouped together in a separate section entitled, “Exceptions/Deviations from Proposal Requirements.” This section will be all-inclusive and will contain a definition statement of each and every objection or deviation with adherence to specific RFP sections. Objections or deviations expressed only in other parts of the proposal, either directly or by implication, will not be accepted as deviations, and the Consultant in submitting a proposal, will accept this stipulation without recourse.

Section 11: Environmental Sustainability: Describe how the proposed services/project/solution incorporates environmental sustainability.

2. Fee Proposal

Proposer should submit its fee proposal for all its services in a separately sealed envelope clearly marked on the outside. Only one fee proposal is required. Fee proposal shall be submitted using the fee table in Appendix C. No qualification of the financial offer will be accepted. The fee proposal shall be a firm and final amount including the costs and expenses for all anticipated services.

There is no limit to the number of pages submitted as part of the fee submittal. The fee submittal shall include all additional required forms and fee/hours tables attached for the project.

26

A. Fee Proposal Use the fee proposal template located in Appendix C to document proposer’s fees.

B. Additional Required Documents Proposer shall complete, execute, and return with its fee proposal the following documents, blank copies of which are included in Appendix G. They can also be found online on the City’s website.

The Office of Equal Opportunity Notice to Bidders and Schedules; Federal Form W-9 including Taxpayer Identification Number; Vendor Entry Form Affidavit Non-Competitive Bid Contract Statement for Calendar Year 2018; Northern Ireland Fair Employment Practices Disclosure.

VII. Proposal Evaluation Nowhere in the qualifications shall proposers give any indication whatsoever regarding their fees, hours, level of effort or the like for this project. All such information shall exist exclusively in the fee proposal. Proposals shall be evaluated based on the following criteria (not listed in order of importance):

Proposal conforms to RFP requirements. Emphasis will be on whether the proposal demonstrates an understanding of the project scope and DPU’s needs and requirements as specified in the RFP.

Proposer’s experience/qualifications and past performance on similar projects. Proposer’s overall qualifications as evidenced by answers to DPU questions. Proposer’s general experience and qualifications with providing hosting services

for utility and water utility clients, particularly proposer’s experience with the CC&B application

Transition and ongoing support approach Technical competency and approach CSB participation and utilization and qualifications of sub-consultants. Quality of written and oral presentations. An oral presentation by the proposed

key staff personnel, including all sub-consultants, may be requested by DPU. Project references Fees will not be considered in the technical evaluation. Proposals shall be evaluated

first on qualifications and technical merit. Once rankings are established, the fee submittals shall be considered.

The criteria for the evaluation of proposals as stated above may be revised before any actual evaluation actually takes place.

27

A firm’s involvement in any current litigation with the City may be taken into account during proposal evaluation. The ratings are not intended or to be interpreted as a reflection of a proposer’s professional abilities. Instead, they reflect the City’s best attempt to quantify each proposer’s ability to provide the services sought by the City and to meet the specific requirements of this RFP, for comparison purposes. Disqualification of a Proposer/Proposal: The City does not intend by this RFP to prohibit or discourage submission of a proposal that is based upon a proposer’s trade experience in relation to the nature or scope of work, services, or product(s) described in this RFP or to prescribe the manner in which its services are to be performed or rendered. The City will not be obligated to accept, however, significant deviations from the work or services sought by this RFP, including terms inconsistent with or substantially varying from the services or the financial and operational requirements of the RFP, as determined solely by the City. The City reserves the right to reject any proposal that does not furnish or is unresponsive to the information required or requested herein. The City reserves the right to reject any proposal or to waive or to accept any deviation from this RFP or in any step of the proposal submission or evaluation process so as to approve the award of the contract considered in the City’s best interest, as determined in the City’s sole discretion. Although the City prefers that each proposer submit only one proposal including all alternatives to the proposal that the proposer desires the City to consider, it will accept proposals from different business entities or combinations having one or more members in interest in common with another proposer. The City may reject one or more proposals if it has reason to believe that proposers have colluded to conceal the interest of one or more parties in a proposal, and will not consider a future proposal from a participant in the collusion. In addition, the City will not accept a proposal from or approve a contract to any proposer that is in default as surety or otherwise upon an obligation to the City or has failed to perform faithfully any previous agreement with the City, or is currently in default under any agreement with the City. The City reserves the right to reject any or all proposals. Failure by a proposer to respond thoroughly and completely to all information and document requests in this RFP may result in rejection of its proposal. Further, the City reserves the right to independently investigate the financial status, qualifications, experience, and performance history of a proposer. The City reserves the right to cancel the approval or authorization of a contract award, with or without cause, at any time before its execution of a contract.

1

APPENDIX A: CURRENT ENVIRONMENT Scoping Parameters Parameter Description Number of Primary Users, est. 200 for Water. 21 for Wastewater.

Additional 65 users when CPP added

Number of Total Users, est. 339 for Water. 21 for Wastewater. Additional 100 users when CPP is added

Number of Environments to be Supported

Development 1

Development 2

Testing 1

Testing 2

Production

Training

Disaster Recovery

Number of customers Approximately 430,000 water billing customers and 280,000 wastewater billing customers with one service agreement. An additional 75,000 utilities customers anticipated at a TBD date.

Billing History We currently have approximately 5 years of history in CC&B. Over time, DPU plans to keep a minimum of 10 years of history in CC&B

Billing Frequency We currently bill customers monthly. Bills are produced every business day.

Business Hours 7:30 AM -6:30 PM for customer service. A small number of users will need 24 x 7 access.

Network Protocol TCP/IP

Data file transmission method FTP or similar secured method

Client Desktop environment Windows XP and 7. IE 11 and Google Chrome ( Browsers need to be supported with latest versions applicable)

DPU will provide:

Communication link to the hosting provider’s router and management of the communication link between the hosting provider’s router and the DPU router.

Network gateway hardware located at DPU

2

Client side hardware and software

DPU LAN

Oracle Customer Care and Billing (CC&B) Currently on version 2.4.3 R3, DPU implemented CC&B version 2.1.0 in 2009. CC&B is CWD’s billing system and handles most aspects of customer billing information which includes billing, payments, rates, collections, field service, meter reads, and meter management. The CC&B infrastructure, application, and databases are hosted off-site currently by a managed hosting vendor. Currently the managed services for this application are provided by Ernst & Young. They provide mainly on-site support with some off-site support.

DPU uses the following CC&B software stack:

CC&B version 2.4.3 R3.

Operating System: AIX version 7.1 (Planning a move to Oracle Enterprise Linux “OEL” version 7.4

Oracle Database 11.2.0.4 (Planning a move to 12C)

Web Application: Web Logic version 10.3

Micro Focus Server Express 5.0

Batch Scheduler: Tivoli Workload Scheduler version 9.3

Reporting: Crystal Reports XI/Business Objects 11R2 (OS Windows 2003)

Perl 5.8.8

Java JDK 1.6.0

Environments:

Production o DPU has 6 Instances of CC&B in prod from which 4 are online and

2 are batch. Production environments are spread across 4 servers 2 for batch and 2 for online. We have single node production database and it is clustered by an IBM HACMP cluster. In the case of production database server crash the HACMP server will fail over to DR server. It is an active passive mode.

Non-Production Environments o DPU CC&B non production environment consists of one online

server, one batch server, one crystal reports server and one database server. It also includes the batch scheduler IBM TWS 9.3 single instance installed on the development batch server. 4 Testing Environments

3

1 Development Environment 1 Training Environment

o Disaster Recovery-Our DR setup has one online server with 2 CC&B instances, one batch server with one instance, one crystal reports server and one database server.

Storage o CC&B currently utilizes 16TB of data across all environments

Servers-CC&B currently utilizes IBM Power System 64 bit P-7 series servers

Data Circuit-IBM manages a 6mbs frame relay to an IBM provided router at CWD.

Billing Frequency: Customers are billed monthly. Bills are produced every business day.

Business Hours-Primary business hours for customer service are 7:30 AM-6:30 PM Monday through Friday. A small number of users will need 24x7 access.

Network Protocol: TCP/IP

Data file transmission method: FTP or similar secured method

4

5

6

APPENDIX B: PROPOSAL CHECKLIST

Proposers should be sure to address all of the following areas in their proposal.

1. TECHNICAL PROPOSAL SUBMISSION Executive Summary

Proposer Background

Client References

Responses to questions

Proposed Hardware and Software Configuration

Project Plan

Project Management

Environmental Sustainability

2. FEE PROPOSAL (Marked in separate, sealed envelope) Fee tables

OEO schedules

Federal Form W-9

Vendor Entry Form

Non-Competitive Bid Contract Statement for 2018

Northern Ireland Fair Employment Practices Disclosure

Affidavit

APPENDIX D – PROPOSER QUESTIONS

1

For the following table, please indicate Y (for yes) and N (for no) if the proposer meets the requirement. The notes column is provided for any additional information or elaboration that the proposer wishes to include.

Table D-1 Minimum Response Criteria

Requirement Y/N Notes

1 Corporate commitment to providing hosting services

2 More than five years’ experience providing hosting services

3 Hosting experience with more than three public utilities

4 Can provide the hardware and software environment specified

5 SSAE 16 – SOC 2 Type 2 Certification

For the following table, please indicate Y (for yes) and N (for no) if the proposer’s proposal includes providing this service. Please elaborate on any item marked with asterisk (*). The notes column is provided for any additional information or elaboration that the proposer wishes to include.

Description Y/N Notes

Hosting Management

6 Capacity planning and management

7 Performance management*

8 Servers and storage (installation, management, monitoring, patch management, configuration management)

9 Network connections (installation, management, monitoring, patch management, configuration


2

management, redundancy through multiple carriers)

10 Load balancing of network connections

11 Conditioned space

Disaster Management Plan

12 UPS (Uninterruptible Power Supply)

13 Disaster Recovery*

14 Disaster Definition

15 Disaster SLAs

Security Management

16 Overall Security strategy and planning (regularly scheduled)*

17 Authentication, authorization, and access control

18 Network and systems platform infrastructure

19 Internal controls audit

20 Threat and vulnerability detection, implementation, and testing (facility, servers, storage)*

21 Physical security (facility, DPU servers, storage)

22 Cybersecurity*


23 LAN (Datacenter)

24 WAN


3

25 Does proposer have a Storage Area Network (SAN)?

26 Bandwidth management* (how is it handled)

27 Server solutions

28 Dynamic server scaling (memory and/or cores)*

29 Load balancing servers

30 Storage solutions* (what solutions?)

31 WINDOWS

32 UNIX

33 LINUX

34 AIX

35 Other platforms* (in addition to ones listed above)

36 Security monitoring

37 Intrusion detection and prevention

38 Virtual Private network (clientless vpn)

39 Redundancy and failover (servers, storage, carriers)* (see a plan)

40 High Availability (options)*

41 Technical consulting services


4

For the following table, please indicate if item is part of the standard offering by placing a Y in the column labeled “Std”. If it is an optional offering, place a “Y” in the column labeled “Opt”. If it is an optional service, please include pricing for it in the fee template. Any item marked with an asterisk (*) please elaborate.

The notes column is provided for any additional information/elaboration that the proposer wishes to include and also for any open-ended questions. Notes can also include references to info that is contained within the proposal.

Question Std Opt Notes

Hosting Management

42 Does proposer have its own data center or does it subcontract out this functionality?

43 Are the resources in the data center shared or dedicated to environments?

44 If shared, how are issues with other clients isolated from our environment? How do you ensure there is no impact to our environment?

45 What is the total number of data centers that are owned and operated by proposer?

46 List where are they located and what size they are (square footage, number of customers served, amount of storage, and number of servers supported.


5

47 What is the location and mailing address of the hosting site you are recommending?

48 Why are you recommending this location?

49 What is the staffing level and experience at this location relevant to the DPU project.

50 Where is the backup data center located?

51 Why is that location recommended?

52 Is the backup location subject at the same or different natural disasters as the hosting site? If so, what are they?

53 Does proposer provide remote operations for its data centers?* Do they have offsite support for their offsite data center

54 Provide DPU with a description of the disaster recovery plan that describes the steps that would be taken in responding to a network failure or a facility failure.*

55 Does proposer execute site failover once a year?

56 Does proposer have redundant power to its facilities?

57 Does proposer have uninterruptible power supplies (UPS)?

58 Can proposer quantify the number of operational hours it can run on standby?


6

59 Has proposer had any major power failures within the last five years?

60 What was the response of the backup power systems?

61 What type of testing procedures do you maintain?

62 How do you notify DPU about testing and with what lead time?

63 Describe what environmental controls and backups (e.g. heating, cooling, humidity) are in your facility.

64 Does proposer have zoned smoke detection and fire suppression?

65 Are proposer’s data centers audited and certified by independent third parties?

66 What kind of auditing does the proposer undergo?

67 When was the last audit and what was the result?

68 Does proposer notify clients when audits have been performed and what the results were?

69 Please supply a map of proposer’s internet backbone topology with as much detail as possible.

70 Describe the physical circuit diversity with respect to how the circuits enter each data center.

71 Please list bandwidth and connectivity options.


7

72 Does proposer have a peering policy?

73 Does proposer have more than two telecommunication peering partners?

74 Can proposer specify the speed of each circuit entering each data center?

75 Does proposer dynamically route traffic?

76 Does proposer provide automatic failover of the internet connection if there is a failure?

77 Is proposer’s network certified by one of the major network equipment providers?

78 Does proposer offer Software VPN?

79 Hardware VPN?

80 Client-less VPN? (preferred)

81 Are there any single points of failure in the network?*

82 Is there a limit to the amount of data that can be transferred from DPU to the hosted servers each month? What is the impact of this. Please list out/describe.

83 Has the proposer implemented measures to prevent a single point of failure from bringing down an application?

84 How does proposer calculate network availability?


8

85 Are any subcontracted personnel used in the management of the data center?

86 Are customers allowed access to the data center floor?

87 Does proposer provide load balancing within each data center as well as between the primary and secondary data center, if applicable?

88 What procedures do you employ to minimize interruption for maintenance, upgrades, or replacement?

89 Does DPU own all data (clicks, user profiles, data bases, etc.)?

90 Describe what requirements DPU and the equipment must meet to connect to the proposer?

91 Discuss how proposer will provide for additional growth to meet DPU needs.*

Security Management

92 Can proposer provide a custom security policy for DPU?

93 Does proposer conduct background checks for support personnel?

94 What security measures are in place for exiting employees?

95 Are firewalls shared across various customers?

96 Does proposer have requirements for DPU’s firewall?


9

97 Does proposer have documented intrusion detections procedures? Please describe.

98 Does proposer undergo external security assessments?

99 Does proposer have 24x7x365 monitoring of the facility? Please describe.

How does vendor restrict access to:

100 Facility

101 Data Center Floor

102 Specific Customer Areas

103 Server Caged Area

104 Cabinets

105 Racks

106 Servers

107 Storage

108 Other

109 When was the most recent time someone compromised the security of the proposer’s network with the last five years?

110 What was the lesson learned and how was security improved as a result?

111 Can proposer describe the type and level of encryption supported?



10

Does proposer provide:

112 Operating system patches installation?

113 Operating system minor upgrades?

114 File system management support?

115 Proactive software patches?

116 Hardware/CPU performance monitoring?

117 Capacity monitoring?

118 Monitoring logs and scaling information?

119 Daily backups for the application and database?

120 Store backups in an offsite storage facility?

121 24x7x365 monitoring of the entire solution, up to and including the customer application?

122 Does proposer have client data isolation scheme?

123 Can proposer provide real time or close to real time failover for the application in the event primary facility system fail? Close to real time is one (1) hour or less?

124 What tools does proposer use for monitoring? E.g. agents, activity logs, sniffers, etc.


11

Does the customer have access?

125 What types of ITIL/ITSM process capabilities does proposer employ to manage infrastructure?*

126 Does proposer provide access to performance reports on network uptime, downtime, and system outages?

Does the customer have access?

127 Does proposer provide DPU staff access to server and system logs?

128 Does proposer provide immediate notification of unplanned/emergency server outages/upgrades?

129 Can proposer provide DPU notification of planned server outages/upgrades at least 2 weeks in advance?

130 What backup frequency, strategy, and retention does proposer recommend?

131 Does proposer conduct system failover tests for critical systems? If so, how often.

132 DPU plans to provide the licenses for all DPU side, client software including CC&B, Oracle RDBMS. Describe which licenses are for what products DPU is expected to provide over and above these?

133 Provide a diagram and a description of the architecture, servers, CPU’s, memory, SAN, and


12

networking to meet DPU requirements.

Service Level Agreements

134 Does proposer offer a written service level agreement with economic remedies?

135 Does proposer offer a standard SLA or is it custom developed for every client?

136 How does proposer report performance against SLA?

137 Is the SLA included in the price quote?

APPENDIX E – Integration Points of CC&B

OVERVIEW OF CUSTOMER CARE AND BILLING INTERFACES-CWD

CUSTOMER CARE

& BILLING

ON-LINE BILL PAY

BILL PRINT

CHECKFREE PAYMENT

PROCESS

DOMINION

ITRON METER

READING/CUSTOMER

INFO

ITRON FIELD ORDERS

BANKTEC PAYMENT

PROCESSING

PCI CASHIERING

CISCO IVR

APPENDIX F

ONLINE BASELINE PARAMETERS

Screen Name Steps To get to the screen Time Taken In First Iteration Time Taken In Second Iteration VPN/Onsite Notes

Search by acct ID

Control Central, Enter Account Number,Click

Search 3.2 4.4 Onsite

Search by premise address

Control Central, Enter Premise Address, Click

Search, Select the Account 3.7 5.1 Onsite

Search by partial address

Control Central, Enter Partial Address, Click

Search, Select Account 3.9 9.4 Onsite

Navigate to last bill

Control Central, Enter Address, Click Search,

Select Account, Go to Last Bill 7.7 9 Onsite

Navigate to last payment


Select Account, Go to Last Payment 7.1 8.3 Onsite

Reopen and complete last bill

Control Central, Enter Account Number, Click

Search, Select Account, Go to Last Billed, Click

Reopen, Then Click Complete 14.6 17.1 Onsite

Cancel and rebill

Apply adjustment to water SA

Control Central, Enter Account Number, Go

to Service Agreement Menu, Select

Adjustment Plus, Enter the Adjustment Type,

Enter the Amount, Add Comments, Select

Generate, Calculate, Freeze 27.3 29.4 Onsite

Cancel most recent payment

Insert Account Characteristic


Select Account, go to Account Hyperlink, Click

Characteristics Tab, Insert Characteristic 14.7 20.2 Onsite

Rate check water SA


Select Account, Go to Water SA, Select Rate

Check from SA menu, Enter start and end

date, unit of measure, register quantity, Click

Check Rate 25.9 25.9 Onsite

Insert Customer Contact

Control Central, Go to Person Menu, Select

Customer Contact Plus, Choose Contact Class,

Choose Contact Type, Enter Comments 35.4 11.8 Onsite

Create a To-DO

Main Menu, Select To-Do, To-Do Entry Plus,

Select To-Do Type, Override Priority, Subject,

Comments, Enter Account Number, Enter

Meter To-Do Type, Click OK 43.9 27.3 Onsite

CCB Online Screens Bench Marks

PAGE 1 OF 7

APPENDIX F

ONLINE BASELINE PARAMETERS

Screen Name Steps To get to the screen Time Taken In First Iteration Time Taken In Second Iteration VPN/Onsite Notes

CCB Online Screens Bench Marks

Start Service with Campaign


Search, Go to Premise Menu, Select Order

Plus, Enter Start Date (TTD) Enter New

Owners Name, Go To Questions/Misc Tab,

Click Show Eligibility, Click Package, Click

Complete 90.2 71.8 Onsite

Update Meter Read Cycle and Bill Cycle


Search, Go to Account Hyperlink, Change Bill

Cycle, Click Save, Go to Premise Menu, Select

Service Point, Update Service Cycle, Service

Route, Service Cycle/Route Sequence 54.9 45.3 Onsite

Add account to EZPAY


Account Hyperlink, Go to Auto Pay tab, Enter

Start Date, Auto Pay Source, External Account

ID, Maximum Withdrawal Amount and

Comments 29.1 18.7 Onsite

Create an FA

Control Central, Enter Account Number, Go

To Premise Menu, Select Field Activity Plus,

Choose SP, Choose Activity Type, Enter

Schedule Date and any Comments 16.5 13.3 Onsite

PAGE 2 OF 7

APPENDIX F

BATCH BASELINE PARAMETERS

Batch Job Average Time taken for 6 days / In mins Records Per second Notes Online/TWS Number of threads

BILLING 45 21 TWS 128

SAACT 2 44 TWS 32

CM_REMIT 3 60 TWS 1

PUPL 23 12 TWS 32

CMMTRUP ABCDE) 15 3 TWS 1

MUP1 2 15000 TWS 8

MUP2 10 15 TWS 8

CMFDMUP1 14 1 TWS 1

CM_DEX 50 2 TWS 1

CMPOSTRT 21 8 TWS 8

CMPOSTNE 17 4.6 TWS 8

BCGSNAP 22 98 TWS 1

GLASSIGN 10 500 TWS 16

GLS 16 80 TWS 16

CMFDMDN6 36 4 TWS 1

Batch Performance Benchmarking

PAGE 3 OF 7

APPENDIX F

REPORTS BASELINE PARAMETERS

Report Name Application System Report Frequency Description of Report DATABASE DURATION DURATION2

CM_AAL_REMIT CRYSTAL REPORT DAILY R026 - Agency, Assessments and Local Charge Remittances newCCBPROD 6919 11212

CM_ADJ_CAN CRYSTAL REPORT DAILY R012 - Detailed Cancelled Adjustments newCCBPROD 1519 504

CM_ADJ_LIST CRYSTAL REPORT DAILY R013 - Adjustment Report - Detail newCCBPROD 9626 5861

CM_ADJ_SUM CRYSTAL REPORT DAILY R010 - Summary by Adjustment Type Report newCCBPROD 7632 9022

CM_ALL_TRANS CRYSTAL REPORT DAILY R005 - Cash Reconciliation - All Transactions newCCBPROD 1725 1221

CM_BILL_REG CRYSTAL REPORT DAILY BILL REGISTER newCCBPROD 5652 7745

CM_CAN_BL_SG CRYSTAL REPORT DAILY Detailed Cancelled Bill Segments newCCBPROD 697 953

CM_DOM_REMIT CRYSTAL REPORT DAILY newCCBPROD 503 3198

CMFTINFOGLDT CRYSTAL REPORT DAILY FT INFO By Transfer to GL Date newCCBPROD 443 434

CM_GLSUMM CRYSTAL REPORT DAILY R011 - GL Summary by GL Account Report newCCBPROD 131 36

CM_PAY_EXCP CRYSTAL REPORT DAILY R009 - PAYMENT EXCEPTION REPORT newCCBPROD 10 11

CM_PAY_LIST CRYSTAL REPORT DAILY R006 - Daily Payment Listing newCCBPROD 20687 14412

CM_PAY_CAN CRYSTAL REPORT DAILY R007 - Cancel Payments newCCBPROD 4131 1855

CM_RECPT_ACT CRYSTAL REPORT DAILY R027 - RECEIPT ACTIVITY REPORT newCCBPROD 6912 4019

CM_SUM_BALA CRYSTAL REPORT DAILY R001a - Balance Detail Report newCCBPROD 3574 2575

CM_SUM_BALB CRYSTAL REPORT DAILY R001b - Balance Detail Report (by Premise City Code) newCCBPROD 3829 2091

CM_SUMCANBS CRYSTAL REPORT DAILY R016 - Summary Cancelled Bill Segments newCCBPROD 10132 12004

CM_SUSPAY CRYSTAL REPORT DAILY Suspended Payments newCCBPROD 33 54

CM_TENDER_TO_GL CRYSTAL REPORT DAILY R004 - Cash Reconciliation Today's Tenders to GL newCCBPROD 411 693

CM_TENDERS CRYSTAL REPORT DAILY Cash Reconciliation Report - TENDERS newCCBPROD 84 64

CM_BILL_HIST CRYSTAL REPORT DAILY R021 - Bill Frequency History Report newCCBPROD 2365 218

CM_SUSPAY CRYSTAL REPORT DAILY Suspense Payments newCCBPROD 65 58

CMNADJ_CAN CRYSTAL REPORT DAILY R012 - Detailed Cancelled Adjustments - NEORSD newCCBPROD 491 574

CMNADJ_LIST CRYSTAL REPORT DAILY R013 - Adjustment Report - Detail - NEORSD newCCBPROD 9611 8225

CMNBILL_REG CRYSTAL REPORT DAILY BILL REGISTER-NEORSD newCCBPROD 19589 15301

CMNCAN_BL_SG CRYSTAL REPORT DAILY R017 - Detailed Cancelled Bill Segments - NEORSD newCCBPROD 206 242

CMNPAY_LIST CRYSTAL REPORT DAILY R006 - Daily Payment Listing-NEORSD newCCBPROD 6847 6584

CMNSUMCANBS CRYSTAL REPORT DAILY R016-Summary cancelled Bill Segments-Neorsd newCCBPROD 3136 3803

CMSADJ_CAN CRYSTAL REPORT DAILY R012 - Detailed Cancelled Adjustments - Stormwater newCCBPROD 727 759

CMSADJ_LIST CRYSTAL REPORT DAILY R013 - Adjustment Report - Detail - Stormwater NEWCCBPRODPROD 24908 27171

CMSCAN_BL_SG CRYSTAL REPORT DAILY R017 - Detailed Cancelled Bill Segments - Stormwater NEWCCBPRODPROD 559 850

CMSSUMCANBS CRYSTAL REPORT DAILY R016 - Summary Cancelled Bill Segments - Stormwater NEWCCBPRODPROD 244 712

CM_AAL_REMIT-MONTHLY CRYSTAL REPORT MONTHLY R026 - Agency, Assessments and Local Charge Remittances CCBPROD 7591 12759

CM_ADJ_LIST-MONTHLY CRYSTAL REPORT MONTHLY R013 - Adjustment Report - Detail CCBPROD 20708 23106

CM_ALL_FT-MONTHLY CRYSTAL REPORT MONTHLY CCBPROD 46849 38514

CM_BILLS_CRTD-MONTHLY CRYSTAL REPORT MONTHLY CCBPROD 57663 193300

CM_BILLS_CNCLD-MONTHLY CRYSTAL REPORT MONTHLY CCBPROD 338 134

CM_BILLS_PNDG-MONTHLY CRYSTAL REPORT MONTHLY CCBPROD 209 25

CM_CAN_BL_SG-MONTHLY CRYSTAL REPORT MONTHLY Detailed Cancelled Bill Segments CCBPROD 210715 16960

CM_CSHRP-MONTHLY CRYSTAL REPORT MONTHLY CCBPROD 111544 52016

CM_DET_AGING-EXT-MONTHLY CRYSTAL REPORT MONTHLY R018 - DETAIL OF AGED RECEIVABLE BALANCES FISCAL REPORT-NEWCCBPROD NEORSD-CCBPROD 13065 8542

CM_DETAIL_AGING-O-MONTHLY CRYSTAL REPORT MONTHLY R018 - DETAIL OF AGED RECEIVABLE BALANCES FISCAL REPORT-NEWCCBPROD NEORSD-CCBPROD 5041 74141

CM_DETAIL_AGING-SW-MONTHLY CRYSTAL REPORT MONTHLY R018 - DETAIL OF AGED RECEIVABLE BALANCES FISCAL REPORT-NEWCCBPROD NEORSD-CCBPROD 2373 44750

CM_DETAIL_AGING-W-MONTHLY CRYSTAL REPORT MONTHLY R018 - DETAIL OF AGED RECEIVABLE BALANCES FISCAL REPORT-NEWCCBPROD NEORSD-CCBPROD 7208 3177

CM_DETAIL_AGING-WW-MONTHLY CRYSTAL REPORT MONTHLY R018 - DETAIL OF AGED RECEIVABLE BALANCES FISCAL REPORT-NEWCCBPROD NEORSD-CCBPROD 4113 268189

CM_DOM_REMIT-MONTHLY CRYSTAL REPORT MONTHLY CCBPROD 4661 1954

CM_SUMCANBS-MON-MONTHLY CRYSTAL REPORT MONTHLY CCBPROD 491 490

CM_VOLCON-MONTHLY CRYSTAL REPORT MONTHLY Volume Consumption Grand Totals CCBPROD 25 414

CM_GLSUMM-MONTHLY CRYSTAL REPORT MONTHLY R011 - GL Summary by GL Account Report CCBPROD 122 116

CM_RES_ACCTS-MONTHLY CRYSTAL REPORT MONTHLY CCBPROD 357 307

CM_RECPT_ACT-MONTHLY CRYSTAL REPORT MONTHLY R027 - RECEIPT ACTIVITY REPORT CCBPROD 8297 7826

CM_UBLREV-MONTHLY CRYSTAL REPORT MONTHLY CCBPROD 7822 7781

CM_UBLREV-WPC-MONTHLY CRYSTAL REPORT MONTHLY CCBPROD 3829 9058

CM_GLSUM-ACCTPERIOD-MONTHLY CRYSTAL REPORT MONTHLY CCBPROD 22 25

PAGE 4 OF 7

APPENDIX F

REPORTS BASELINE PARAMETERS

Report Name Application System Report Frequency Description of Report DATABASE DURATION DURATION2

CM_SUM_BALA-MONTHLY CRYSTAL REPORT MONTHLY R001a - Balance Detail Report CCBPROD 5816 6538

CM_SUM_BALB-MONTHLY CRYSTAL REPORT MONTHLY R001b - Balance Detail Report (by Premise City Code) CCBPROD 5274 10638

CMSAAL_REMIT-NEORSD-MONTHLY CRYSTAL REPORT MONTHLY CCBPROD 7740 1571

CMSADJ_LIST-MON-NEORSD-MONTHLY CRYSTAL REPORT MONTHLY CCBPROD 14231 26325

CM_UBLREV-WW-NEORSD-MONTHLY CRYSTAL REPORT MONTHLY CCBPROD 11922 33707

CMSMBSNET-NEORSD-MONTHLY CRYSTAL REPORT MONTHLY CCBPROD 117585 109586

CM_DET_AGING-O-NEORSD-MONTHLY CRYSTAL REPORT MONTHLY FISCAL REPORT-NEWCCBPROD NEORSD-CCBPROD 91964 92135

CM_DETAIL_AGING-WW-NEORSD-MONTHLY CRYSTAL REPORT MONTHLY FISCAL REPORT-NEWCCBPROD NEORSD-CCBPROD 11864 139595

CM_SS_BILL_NEORSD-MONTHLY CRYSTAL REPORT MONTHLY CCBPROD 3852 4010

CMNAAL_REMIT_NEORSD-MONTHLY CRYSTAL REPORT MONTHLY FISCAL REPORT-NEWCCBPROD NEORSD-CCBPROD 5455 3547

CMNADJ_LIST-MON-NEORSD-MONTHLY CRYSTAL REPORT MONTHLY newCCBPROD 38573 14002

CMNDET_AGING-NEORSD-MONTHLY CRYSTAL REPORT MONTHLY newCCBPROD 12 10

CMNMBSNET-NEORSD CRYSTAL REPORT MONTHLY newCCBPROD 164165 149734

CM_InactiveReceivablesWW-NEORSD_MONTHLY CRYSTAL REPORT MONTHLY newCCBPROD 266 16282

CMNSUMCANBS_MON-NEORSD-MONTHLY CRYSTAL REPORT MONTHLY CCBPROD 3 5

CM_UBLREV-NEORSD-MONTHLY CRYSTAL REPORT MONTHLY CCBPROD 4330 7556

CM_MBSNET-NEORSD-MONTHLY CRYSTAL REPORT MONTHLY CCBPROD 246600 251872

CM_DET_AGING-ST-STORMWATER FOLDER-MONTHLY CRYSTAL REPORT MONTHLY CCBPROD 95367 51257

CM_MBSNET-STORMWATER FOLDER-MONTHLY CRYSTAL REPORT MONTHLY CCBPROD 117227 109743

PAGE 5 OF 7

APPENDIX F

SERVER INFO BASELINE PARAMETERS

Hostname Function Application2 OS DB Environment Memory(GB) Storage(GB)CPU

Capacity vCPU Speed (GHz)RI3PA318 Batch TWS Oracle AIX 7.1.x N/A Prod 16 655 2 8 3.1

RI3PA461 (PCR01-02) DB (Active) Oracle AIX 7.1.x Oracle 11g - Prod Prod/DB 64

3170 and 640

unassign 4 16-Capped 3.1

RI3PA462 (PCR01-02) DB (Passive) Oracle AIX 7.1.x Oracle 11g - Prod Prod 64

3170 and 640

unassign 4 16-Capped 3.1

RI3PA463 (PCR 01-02) Batch TWS TWS AIX 7.1.x N/A Prod (Master Batch) 32 524 4 16-Capped 3.1

RI3PA464 (PCR01-02) Web/App Oracle AIX 7.1.x N/A Prod/App CC&B 32 262 2 8-Capped 3.1

RI3PA465 (PCR01-02) Web/App Oracle AIX 7.1.x N/A Prod/App CC&B 32 262 2 8-Capped 3.1

RI3PA447 (PCR-01) DB (UPGTEST2) OracleAIX 7.1.x

Oracle 11g, 11.2.0.4Non-Prod/CC&B

DEV64 9621 5 20 - Capped

RI3PA448 (PCR-01) Batch TWS TWS AIX 7.1.x N/A Non-Prod/CC&B 16 262 4 16 - Capped

RI3PA450 (PCR-01) Web / App Oracle AIX 7.1.x N/A Non-Prod/CC&B 32 163 2 8 - Capped

BI1PA174 (PCR01-02) DB Oracle DB Cluster DR AIX 7.1.x Oracle 11g DB - DR Oracle DB Cluster DR 64 2424 2 8 - Capped 3.1

BI1PA175 (PCR01-02) App Batch TWS DR AIX 7.1.x App Batch TWS DR 8 650 1 4 - Capped

BI1PA176 (PCR01-02) App Web/App DR AIX 7.1.x App Web/App DR 8 650 1 4 - Capped

BI1VW300 Crystal Reports Oracle Windows 2012 R2 App DR 16 587 4 2

RI3VW612 Windows 2012 R2 App Production 16 410 8 8

Notes:

RI3PA461 and RI3PA462 are HACMP cluster.

PAGE 6 OF 7

APPENDIX F

CPU BASELINE PARAMETERS

Utilization of 30% or less during normal business loads

PAGE 7 OF 7

Appendix G

Required City Forms

Subcontractors Notice

There is no Subcontractor Participation (Utilization) Goal for this contract. However, any and all proposed subcontractors, whether City certified or not, must be divulged and listed in the sealed bid. If you do plan to utilize a subcontractor, submit a proposed subcontractor list on a separate, signed sheet of paper, listing the name, address, type of work or materials, and total subcontractor amount for each and every subcontractor that you propose to use on this contract. You are encouraged to consider City-certified firms for any available subcontracting opportunities. A searchable database of all City-certified firms can be found on the City of Cleveland Office of Equal Opportunity Website:

http://cleveland.diversitycompliance.com

On the website, click on CSB/MBE/FBE Registry.

�Add Vendor �Change Vendor Info �Delete Vendor

Business Name:

1099 INFORMATION

Incorporated?

If “NO” Check One:

�YES �NO Federal Tax ID: -

�SOLE PROPRIETORSHIP �PARTNERSHIP �OTHER:

- -If “NO” Enter your Social Security Number:

IRS ReportingName*:

*If this is not the name listed on contracts with the city, please attach a detailed explanation.

Address:

City:

Phone:

Website Address:

Email Address:

State: Zip:

Fax: ( )( ) Ext.

ORDERING ADDRESS INFORMATION

Check each that applies*:

Address:

City:

Phone:

Contact:

Email Address:

State: Zip:

Fax: ( )( ) Ext.

Title:

*Please attach additional pages if you have more than one ordering/other location.

C of C 81-245

City of ClevelandFrank G. Jackson, Mayor

VENDOR ENTRY FORM

REMITTING ADDRESS INFORMATION

Address:

City:

Phone:

Contact:

Payment Name*:

( ) Ext.

State: Zip:

Fax: ( )

*If payment name is different from business name, please attach a detailed explanation.

BANK INFORMATION

Bank Name:

Bank Contact:

Other questions or issues concerning this form may be addressed to:

( )

Account #:

ABA/Routining #:

IF YOU ARE CURRENTLY RECEIVING PAYMENTS VIA EFT, PLEASE COMPLETE THISSECTION TO VERIFY OUR INFORMATION

Phone:

TO BE COMPLETED BY THE CITY OF CLEVELANDPLEASE DO NOT WRITE IN THIS SECTION

Business Classification:

City of ClevelandCertification Number:

Female Business Enterprise Minority Business Enterprise

�YES �NO �YES �NO

FOB Point:

Discount Payment Terms:

Are Price BreaksAvailable?

Standard Lead Time:

Standard ShippingMethod:

Price Catalogue ondisk/CD:

Payment Terms:

Order Minimum:

Line Minimum:

Approved by Commissioner of Accounts Date

C of C 81-245

1

NOTE: Section 181.23 and Section 185.04 of The Codified Ordinances of Cleveland, Ohio 1976 require that this affidavit, properly executed and containing all required information, accompany your bid. IF YOU FAIL TO COMPLY, YOUR BID WILL NOT BE CONSIDERED.

STATE OF ______________ SS AFFIDAVIT

COUNTY OF_____________

____________________________________________being first duly sworn deposes and says:

Individual only: That he/she is an individual doing business under the name of______________________________________, at _______ ___________________________, State of _______________.

Partnership only: That he/she is the duly authorized representative of a partnership

doing business under the name of _________________________ ___________________________, in the City of ______________ ________________, State of_____________________________. Corporation only: That he/she is the duly authorized, qualified and acting ________ ______________________ of ____________________________ ______________, a corporation organized and existing under the

laws of the State of _____________________________________ And that he/she said partnership or said corporation is filling

herewith a bid to the City of Cleveland in conformity with the foregoing specifications;

Individual only: Affiant further says that the following is a complete and accurate

list of the names and addresses of all persons interested in said proposed contract ______________________________________ ________________________________________________________________________________________________________Affiant further says that he/she is represented by the following attorneys: ____________________________________________

and is also represented by the following resident agents in the City of Cleveland: _________________________________________

____________________________________________________. Partnership only: Affiant further says that the following is a complete and accurate

list of the names and addresses of the members of said partnership:

____________________________________________________________________________________________________________________________________________________________

Affiant further says that said partnership is represented by the following attorneys:_____________________________________

and is also represent by the following resident agents in the City of Cleveland:________________________________________________________________________________________________

Rev. 4/3/2012 Mm/dps

2

Corporation only: Affiant further says that the following is a complete and accurate list of the officers, directors and attorneys of said corporation:

President: Directors: Vice President: Secretary: Treasurer: Cleveland Manager or Agent Attorneys:

And that the following officers are duly authorized to execute contracts on behalf of said corporation: ____________________________________________________________________________________________________________________________________________________________

Affiant further says that the bid filed herewith is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization or corporation; that such bid is genuine and not collusive or sham; that said bidder has not, directly or indirectly, induced or solicited any other bidder to put in a false or sham bid, and has not, directly or indirectly, colluded, conspired, connived or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that said bidder has not in any manner, directly or indirectly, sought by agreement, communication or conference with anyone to fix the bid price or that of any other bidder, or to secure any advantage against the City of Cleveland or anyone interested in the proposed contract; that all statements contained in such bid are true; that aid bidder has not, directly or indirectly, submitted his bid price or any break-down thereof or the contents thereof, or divulged information or data relative thereto, or paid or agreed to pay, directly or indirectly, any money, or other valuable consideration for assistance or aid rendered or to be rendered in procuring or attempting to procure the contract above referred to, to any corporation, partnership, company, association, organization, or to any member or agent thereof, or to any other individual, except to such person or persons as hereinabove disclosed to have a partnership or other financial interest with said bidder in his general business; and further that said bidder will not pay or agree to pay, directly or indirectly, any money or other valuable consideration to any corporation, partnership, company, association, organization or to any member or agent thereof, or to any other individual, for aid or assistance in securing contract above referred to in the event the same is awarded to ______________________________________________________________________

(name of individual, partnership or corporation)

Further affiant saith not. (Sign Here) _____________________________ Sworn to before me and subscribed in my presence this _______ day of ____________, 20_____.

_________________________________ Notary Public

Rev. 4/3/2012 Mm/dps

Requested By:___________________________ (Department/Office)

NON-COMPETITIVE BID CONTRACT STATEMENT FOR CALENDAR YEAR 2018

(ALL DEPARTMENTS/OFFICES) This statement, properly executed and containing all required information must be completed. IF YOU FAIL TO COMPLY, YOUR PROPOSAL WILL NOT BE CONSIDERED.

Entity Name:

Entity’s Mailing Address:

COMPLETE SECTION I, II, OR III BELOW, WHICHEVER IS APPROPRIATE, AND SECTION IV. NOTE: For purposes of this Statement, the “Mayor” and “Mayor’s Committee” means Frank G. Jackson and the Frank G. Jackson For A Better Cleveland Committee, respectively.

SECTION I. TO BE COMPLETED BY NON-PROFIT CORPORATIONS AND GOVERNMENTAL ENTITIES.

If you are recognized by the IRS as a non-profit corporation or are a governmental entity, mark the appropriate designation below and proceed to the indicated section(s). _____ NON-PROFIT CORPORATION GO TO SECTIONS III and IV. _____ GOVERNMENTAL ENTITY GO TO SECTION IV.

SECTION II. TO BE COMPLETED BY INDIVIDUALS, SOLE PROPRIETORSHIPS, PARTNERSHIPS, INCORPORATED PROFESSIONAL ASSOCIATIONS, UNINCORPORATED ASSOCIATIONS, ESTATES AND TRUSTS.

The above-named entity is a (Please mark appropriate designation): _____ SOLE PROPRIETORSHIP _____ TRUST INCORPORATED PROFESSIONAL _____ ASSOCIATION _____ ESTATE _____ UNINCORPORATED ASSOCIATION _____ PARTNERSHIP _____ LIMITED LIABILITY COMPANY _____ JOINT VENTURE

For purposes of Section II, a “principal” means an individual, an owner, a partner, a shareholder, a member, an administrator, an executor or trustee connected with the above-named entity, or the spouse of any of them.

PLEASE READ PARAGRAPHS ( A ) and ( B ) and mark the appropriate paragraph. If paragraph ( B ) is checked, the City of Cleveland is prohibited by Section 3517.13 of the Revised Code from awarding a non-competitively bid contract over $500.00 to the entity during calendar year 2018 unless Council makes a direct award.

_____ ( A ) NO ONE PRINCIPAL of the above named entity made one or more contributions to the Mayor or

the Mayor’s Committee between January 1, 2016 and December 31, 2017 that totaled in excess of $1,000.00 per individual. (This paragraph also applies if no principal of the above-named entity made any contributions to the Mayor or the Mayor’s Committee).

_____ ( B ) ONE OR MORE PRINCIPALS of the above named entity made, as individual(s), one or more

contributions to the Mayor or the Mayor’s Committee between January 1, 2016 and December 31, 2017 that totaled in excess of $1,000.00.

SECTION III. TO BE COMPLETED BY NON- PROFIT AND FOR-PROFIT CORPORATIONS AND BUSINESS TRUSTS.

_____ NON-PROFIT CORPORATION _____ FOR-PROFIT CORPORATION

_____ BUSINESS TRUST (OTHER THAN INCORPORATED PROFESSIONAL ASSOCIATIONS) For purposes of Section III, a “principal” means an individual or an entity owning more than 20% of

the corporation or business trust or the spouse of any such individual.

PLEASE READ PARAGRAPHS ( A ) ( B ) ( C ) and ( D ) and mark the appropriate paragraph. If paragraph ( C ) is checked, the City of Cleveland is prohibited by Section 3517.13 of the Revised Code from awarding a non-competitively bid contract over $500.00 to the entity during calendar year 2018 unless Council makes a direct award. If paragraph ( D ) is checked, the City of Cleveland is prohibited by Section 3599.03 from awarding a contract to the non-profit corporation.

_____ ( A ) NO INDIVIDUAL or entity owned more than 20% of the corporation or business trust between January 1, 2016 and December 31, 2017.

_____ ( B ) NO PRINCIPAL of the above named entity made, as an individual, one or more contributions to the Mayor or the Mayor’s Committee between January 1, 2016 and December 31, 2017 that totaled in excess of $1,000.00. (This paragraph also applies if no principal of the above-named entity made any contributions to the Mayor or the Mayor’s Committee).

_____ ( C ) ONE OR MORE PRINCIPALS of the above named entity made one or more contributions to the Mayor or the Mayor’s Committee between January 1, 2016 and December 31, 2017 that totaled in excess of $1,000.00 individual.

_____ ( D ) FUNDS OF THE NON-PROFIT CORPORATION were contributed to the Mayor or the Mayor’s Committee at any time.

GO TO SECTION IV.

SECTION IV. TO BE COMPLETED BY ALL ENTITIES.

I do hereby state that I have legal authority to complete this statement on behalf of the above-named entity and to the best of my knowledge and belief the answers herein are true and complete.

Print Name

Print Title

Signature

Date

Telephone No.

(Area Code)

STATE OF )

) SS: COUNTY OF )

Before me, a Notary Public in and for said County and State, personally appeared the above-named

____________________________________, who acknowledged that (he/she) did sign the foregoing statement and

that the same is (his/her) free act deed, personally and as duly authorized representative of

___________________________________________, and the free act and deed of the entity on whose behalf

(he/she) signed.

Notary Public

Date

FOR MAYOR’S OFFICE USE ONLY

_____ ELIGIBLE ______________________________

_____ INELIGIBLE ______________________________

DATE ____________________________________________

SUPPLEMENTAL NOTICE TO BIDDERS

Subject: Submission of NORTHERN IRELAND FAIR EMPLOYMENT PRACTICES DISCLOSURE

Each bidder and/or appropriate parties should complete the DISCLOSURE and submit it with the bid, if possible. If not submitted with the bid, it must be completed and submitted to the Commissioner of Purchases and Supplies prior to any contract being awarded by the City. If a bidder or appropriate parties fail to complete and submit it, they shall not be eligible for a contract award.

NORTHERN IRELAND FAIR EMPLOYMENT PRACTICES DISCLOSURE

INSTRUCTIONS: Pursuant to Codified Ordinance Sec. 181.36, the information requested on this page must be supplied by all contractors and any subcontractors having more than a fifty percent (50%) interest in the proposed contract prior to any contract being awarded by the City of Cleveland. Any contractor or subcontractor who is deemed to have made a false statement shall be declared to have acted in default of its contract and shall be subject to the remedies for default contained in its contract. For failure to cure such a default, the contractor or subcontractor shall be automatically excluded from bidding for the supply of any goods or services for use by the City for a period of two years. CHECK WHICHEVER IS APPLICABLE:

A. ( ) The undersigned or any controlling shareholder,* subsidiary, or parent corporation of the undersigned is NOT ENGAGED IN ANY BUSINESS OR TRADING FOR PROFIT IN NORTHERN IRELAND. (If paragraph A. is checked, proceed to the signature line.)

B. ( ) The undersigned or any controlling shareholder,* subsidiary, or parent corporation IS ENGAGED IN ANY BUSINESS OR TRADING FOR PROFIT IN NORTHERN IRELAND. (If paragraph B. is checked, please either check the stipulation contained in paragraph C. or attach documentation that shows that the undersigned has complied with the stipulation contained in paragraph C.

C. ( ) The undersigned and all enterprises identified in paragraph B. are TAKING LAWFUL AND GOOD FAITH STEPS TO ENGAGE IN FAIR EMPLOYMENT PRACTICES WHICH ARE RELEVANT TO THE STANDARDS EMBODIED IN THE “MacBRIDE PRINCIPALS FOR FAIR EMPLOYMENT IN NORTHERN IRELAND.” A copy of the MacBride Principles can be obtained from the Office of the Commissioner of Purchases and Supplies. In lieu of checking this paragraph, the undersigned must attach documentation which the undersigned believes shows compliance with the stipulation contained in this paragraph C.

________________________________ Name of Contractor or Subcontractor

By: _____________________________

Title:_____________________________

*"Controlling shareholder” means any shareholder owning more than fifty percent (50%) of

the stock in the corporation or more than twenty-five percent (25%) of the stock in the corporation if no other shareholder owns a larger share of stock in the corporation.

APPENDIX H

ORDINANCE 414-17

ITEM 1 – PAGE 1

AUTHORIZING ORDINANCE AS PUBLISHED IN THE CITY RECORD

Ord. No. 414-17. By Council Members Pruitt and Kelley (by departmental request). An emergency ordinance authorizing the Director of Public Utilities to employ one or more professional consultants to host and manage billing systems and related systems and activities, for the Divisions of Water and Cleveland Public Power for a period of three years, with two options to renew for additional one year periods, the first of which is exercisable through additional legislative authority. Whereas, this ordinance constitutes an emergency measure providing for the usual daily operation of a municipal department; now, therefore, Be it ordained by the Council of the City of Cleveland: Section 1. That the Director of Public Utilities is authorized to employ by contract or contracts one or more consultants or one or more firms of consultants for the purpose of supplementing the regularly employed staff of the several departments of the City of Cleveland to host and manage billing systems and related systems and activities, including the design and distribution of utility bills, inserts, reminders, and delinquent notices, and to provide various services related to bill printing and mailing services, including but not limited to on-line bill payment and presentment services, for the Divisions of Water and Cleveland Public Power, as the administrators of the City’s utility accounts and as the third party administrators of utility accounts of other public entities for a period up to three years, with two options to renew for additional one year periods. The first of the one year options

to renew may not be exercised without additional legislative authority. If such additional legislative authority is granted and the first of the one-year options to renew is exercised, then the second of the one-year options to renew may be exercisable at the option of the Director of Public Utilities without the necessity of obtaining additional authority of this Council. The selection of the consultants for the services shall be made by the Board of Control on the nomination of the Director of Public Utilities from a list of qualified consultants available for employment as may be determined after a full and complete canvass by the Director of Public Utilities for the purpose of compiling a list. The compensation to be paid for the services shall be fixed by the Board of Control. The contract or contracts authorized shall be prepared by the Director of Law, approved by the Director of Public Utilities, and certified by the Director of Finance. Section 2. That the cost of the contract or contracts authorized shall be paid from Fund Nos. 52 SF 001 and 58 SF 001 for the first year of the initial term and then are subject to annual appropriation for the remaining two years of the initial term, RQS No. 2002, RL 2017-26. Section 3. That this ordinance is declared to be an emergency measure and, provided it receives the affirmative vote of two-thirds of all the members elected to Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor; otherwise it shall take effect and be in force from and after the earliest period allowed by law. Passed May 8, 2017. Effective May 10, 2017.

Appendix I

Reimbursables Policy

City of Cleveland Professional Services Contracts

Reimbursables Policy 01/01/2018

The following constitutes the City of Cleveland’s Reimbursables policies to be used in the City’s Professional Services Contracts.

1. Direct Labor vs. Reimbursables

All expenditures in Professional Service Contracts shall fall into one of two categories: Direct Labor, and Reimbursables. Direct Labor shall mean the hourly work (billed by the appropriate hourly rates and multipliers) of the Prime Consultant and all identified Professional Subconsultants. Any expenditure that is not the Direct Labor of the Prime Consultant nor the Subconsultants shall be considered a Reimbursable expenditure.

2. Labor Multipliers

In order to be considered responsive, the Prime Consultant and each Subconsultant shall submit with its proposal the labor multipliers to be used on this project. Each Prime Consultant and Subconsultant shall acknowledge that the following items are included in their multipliers:

2.1 Direct Labor 100.00%

2.2 Fringe Benefits: Vacation Holiday Sick Time Career Development Incentive Compensation Cap Contribution Social Security Taxes State Unemployment Federal Unemployment Health & Dental Insurance Worker’s Compensation Retirement 2.3 Overhead Salaries Admin. & Office General Committees & Societies Bids & Proposals Technical Research Marketing

Strategic Programs

2.4 Overhead Expenses Admin & Office General Travel Committees and Societies Bid & Proposal Costs Technical Research Marketing Strategic Programs * Rent Expense * Telephone & Telegraph * Engineering & Office Supplies * Engineering & Office Printing Depreciation * Furniture & Equipment Rental Subscriptions Dues to Professional Societies Repairs * Postage Library * Lease Car Temporary Help Recruiting * Computer Expense Audit & General Legal Consulting Fees General Insurance Professional Liability Insurance Misc. & Other Legal Expenses Home Office Allocations Real Estate/Property Tax Fringe Benefits on Overhead Salaries Profit

The portions of the items designated by an asterisk (*) above that are not dedicated to this project shall be included in the Consultant's multipliers. The Project portion of the asterisked items (*) shall be subject to the other conditions enumerated in this policy. The Consultant shall ensure that all portions of all other items listed above are included in its multipliers, and not include portions in the reimbursables submittal. The Consultant shall also ensure that all of the following indirect labor is included in the multiplier and not in the direct labor fees: executives; business development staff; accountants; overtime, except where required by law; and time devoted to contract preparation.

3. Reimbursables List

The Consultant shall submit with its Proposal an extensive and detailed list of all expected reimbursable items, with estimated cost. This list shall be finalized, in a format approved by the City, during contract negotiation. No other reimbursable expenses will be allowed on the project, unless pre-authorized by the City in writing.

Each quarter, the Consultant shall submit, for the City’s review and approval, an updated projection of the reimbursables list. This projection shall indicate each item in the reimbursables list, and for each item, the original budget amount, the most recently approved budget amount, the amount spent to date, the estimated amount still needing to be expended, and the new, requested budget amount, if needed. The Consultant will be allowed to recommend moving funds between items, but the City must grant such approval in writing. The Consultant shall not be allowed to expend funds on any line item in excess of the approved budget amount for that line item, until the City approves a modification to the budget amounts that would allow for such expenditures.

4. Invoicing

The Consultant shall submit monthly a separate invoice for reimbursable expenditures. Each invoice shall be delivered to the City in less than 30 calendar days after the end of the month being billed for, and normally with the monthly labor invoice. Such reimbursable invoices shall be in a format approved by the City, and shall include all necessary supporting documentation as called for elsewhere in this policy. Such supporting documents shall be properly dated, legible and reproducible.

5. General Qualifications for Reimbursables

In general, items procured that are not Direct Labor must be devoted at least 50% of the time to the project during the duration of the project in order to be considered for direct cost reimbursement. Expenses on items (including Class 2 travel) devoted more than 50% but less than 100% to this project shall be pro-rated, with only that portion devoted to the project being billed for. Items devoted less than 50% to this project shall be included in the Consultant’s multiplier. Use of items previously owned or leased by the Consultant (such as computer or CAD workstations), regardless of how much devoted to this project, shall be included in the multiplier and not be billed as a direct cost reimbursable. Assets purchased as a reimbursable for this project shall be turned over to the City when the Consultant no longer has need for them on this project. All reimbursables shall be paid on actual costs, supported by actual receipts, unless otherwise indicated. Direct cost reimbursable items shall have no markup or multiplier applied to them.

No expenditures for individual reimbursable items over $10,000 shall be made without prior written approval of the City. The City reserves the right to direct the Consultant to terminate making reimbursable expenditures on any and all categories and expenses.

6. Office Expenses

In some cases the City will allow and even expects the Consultant to establish a Project Office dedicated solely to a project and from which no other business shall be conducted. In such cases, the Consultant can include the following expenses generated by the Project Office either in the multipliers, or in the reimbursables provided actual invoices are submitted:

• Equipment maintenance

• Recurring communication expenses (including leased lines, cellular

phones, pagers, telephones)

• Office Supplies

• External reproduction/binding

• Film developing

• Postage

• Office rent

It must be clear in the Consultant’s proposal whether all such and similar expenses are accounted for in the reimbursables or in the multipliers.

For a Consultant with a dedicated Project Office, those office expenses generated by other offices (the Prime’s other offices, Subconsultants’ offices) can be paid as a direct cost reimbursable only if the item is 100% devoted to this project (e.g. postage and long distance phone calls made on behalf of this project), and only if backed up by actual invoices. Otherwise, all non-Project Office expenses (e.g. rent for other offices) must be included in the Consultant’s or Subconsultants’ multipliers.

For projects in which there is no dedicated Project Office, the Consultant can include as reimbursables only those office expenses devoted 100% to this project (like postage and long distance calls made on behalf of this project,) and only when supported by actual invoices. Office expenses less than 100% devoted to this project (like rent, utilities, use of Consultant's computer workstations) must be included in the Consultant’s multiplier. Smaller items, such as office supplies and hand calculators, even if 100% dedicated to the project, shall be included in the Consultant’s multiplier.

It is anticipated that any necessary trailer space for the Consultant at the project/construction site will be provided by the construction contractor.

7. Equipment

Equipment to be purchased or leased that will be at least 50% dedicated to this project, and meeting the other qualifications above, including computer hardware and software, fax machines, copying equipment, plotters, printers, communication equipment, cameras/camcorders, overhead projectors, and walky talkies, can be included with the direct cost reimbursables for this project. It is expected that virtually all equipment needing to be acquired, especially computer hardware, shall be leased as opposed to purchased. Only in special cases (such as specialty software like Primavera) and only with the prior approval of the City, shall a Consultant be allowed to purchase equipment for this project. The Consultant shall provide copies of the lease agreements and shall include with its invoices copies of its invoices from the supplying vendor.

8. Vehicles and Local Travel

In some cases the City will allow the Consultant to obtain Project Vehicles, dedicated solely to this project. Project Vehicles shall be leased only, not purchased. Copies of the leasing agreement and vendor invoices must be submitted for direct cost reimbursement. Related Project Vehicle costs, such as fuel, parking, maintenance, and insurance shall be included in direct cost reimbursables, and shall be paid on actual costs, supported by actual invoices.

For the use of personal (i.e. non-Project) vehicles, the Consultant shall be paid at the per mile rate ($0.575 per mile as of January 1, 2015) that the City pays internally to its staff for mileage. For such vehicle use, the Consultant shall be paid out of direct cost reimbursables, but only if the travel is work related, outside of the Division of Water's Service area, and non-routine. Only that portion of the trip that is outside of the Division of Water's Service Area shall be eligible for reimbursement. The Consultant shall submit to the City an approved mileage log with its monthly invoices. Expenses related to all other use of personal vehicles (travel within the Division of Water's Service Area, parking, tolls, etc.) shall be included in the Consultant’s multipliers.

9. Markup on Subconsultants

Indirect costs related to the Subconsultants, like the liability/risk of hiring Subconsultants, Subconsultant oversight, cost of negotiations/business procurement, and interest on cash flow, shall be included in the Consultant’s multipliers. Any other actual direct cost shall be billed as a reimbursable expense supported by actual invoices. Effort expended on managing Subconsultants shall be billed as a direct labor charge. The Consultant shall not include in the direct cost reimbursables any indirect costs or markups on Subconsultants’ labor or reimbursables.

10. Special Services

Special Services, used solely for the benefit of this project and not performed by the Prime Consultant or by the Subconsultants, such as electrical testing, hazardous material testing, training, deliveries, diving services, office and field office setups and maintenance, and telephone and network installations and maintenance, shall be included in the direct cost reimbursables. All such services must receive prior written permission from the City. No markups or other indirect handling costs on these Special Services shall be included in the direct cost reimbursables. The Consultant shall include any such indirect costs or markups in its multipliers. Any direct labor involvement by the Prime Consultant or Subconsultants in managing these services shall be billed in the labor charges.

11. Personal Allowances

Reimbursement on all items in this category shall be from the direct cost reimbursables, supported by actual receipts and invoices, except as noted. All regulations in this category shall apply to the Prime Consultant, all Subconsultants, and Special Services staff. Consultant’s staff shall be classified into four classes:

Class 1. Staff Already Living in the Greater Cleveland Area.

Class 2. Infrequent Travelers to Cleveland. Those staff coming to Cleveland for less than a two week stay. Staff hired by the Consultant after the Notice To Proceed has been issued and assigned to this project can only be classified as Class 1 or Class 2.

Class 3. Staff with Extended Stays in Cleveland. Out of towners who will work in Cleveland for stretches longer than two weeks, but less than one year.

Class 4. Relocated Staff. Key, full time project staff (e.g. project manager) who relocate from out of town to work full time for the duration of the project, and for a minimum of one year’s time.

• 11.1 Class 1: Such staff qualify for no reimbursement expenses (travel,

lodging, meal, per diem, etc...) whatsoever.

• 11.2 Class 2: Travel: Actually incurred expenses (air, bus, rail, car

rental, taxi, etc…) shall be paid for Class 2 staff. However, the charges

shall not exceed Federal guidelines (as the guidelines were at the time the

expenditure was made; regular economy class fares for air travel.) Class

2 travel shall require prior City approval. Rental car optional insurance is

not reimbursable.

• 11.3 Class 2: Per Diem Expenses: Class 2 daily expenses for meals,

telephone, etc. shall be paid out of direct cost reimbursables, based on

actual costs, with actual receipts submitted with invoices. Reimbursement

shall not be made for alcohol, private phone calls, nor for meals for guests

or associates of Class 2 staff. Gratuities of up to 15% on meals shall be

allowed, but no other gratuity of any type shall be allowed. If a weekend

or other non-workday occurs in the middle (but not at either end) of a

Class 2 person’s stay, that person shall be entitled to per diem and

lodging expenses for those non-work days. For days worked in the

Cleveland office, Class 2 daily expenses for meals, telephone, etc. shall

not exceed $40.00/day to cover all travel and living expenses other than

airfare (actual receipts are required); actual expenses for airfare will be

reimbursed when travel takes place and must be submitted with

supporting receipts, with travel to/and from the airport in Cleveland

covered at actual cost, with receipts required. Travel to the airport from

home, and travel from the airport back home is not a reimbursable

expense.

• 11.4 Class 2 Lodgings and Related Services: Direct cost

reimbursement shall be made, based on actual expenses, for apartments

or hotels. The charges shall not exceed Federal guidelines (as the

guidelines were at the time the expenditure was made), and shall be

supported by actual receipts. The City shall also reimburse for any

City/County Hotel Taxes over and above the Federal guideline.

• 11.5 Class 2 Commute Time: Class 2 travelers shall be allowed to bill

their time commuting between Cleveland and home as a labor expense, if

such travel occurs during normal working hours. No other Class shall be

allowed to bill any commute time as a labor expense.

• 11.6 Class 3 Travel: Class 3 staff shall be allowed intermittent travel

back home. Consultant shall remain within the initial contract budget for

this item. Additionally, the City will only pay actual invoiced amounts, and

in no case more than a cap of $800.00 per month for such travel for each

Class 3 staff member. Only Class 3 staff shall qualify for this allowance.

Travel expenses for Class 3 staff’s initial trip to and final trip from

Cleveland shall be paid on an actual basis, and shall not apply against any

month's cap. These expenses shall be included in the direct cost

reimbursables.

• 11.7 Class 3 Per Diem Expenses: Class 3 staff shall be given an

allowance for each full calendar day (including non-working days) spent in

the Cleveland area, to be included in the direct cost reimbursables. The

Consultant shall submit with its monthly invoices a log for each Class 3

person, indicating the date in town and the allowance being requested.

In no case shall the allowance exceed $40.00/day per individual in the

Cleveland area. This allowance shall cover daily meals, telephone,

television, laundry, local travel, etc. Actual receipts for this particular item

are required. Travel to/and from the airport in Cleveland is covered at

actual cost, with receipts required.

• 11.8 Class 3 Lodgings: Class 3 staff are expected to secure apartments

in the Cleveland area. Direct cost reimbursements shall be made for

actual rental costs, supported by actual receipts. Rental for weekend and

other non-working days shall be reimbursable. In no case shall rent

exceed a cap of $1,000/month per person.

• 11.9 Class 3 Inflation: Inflation shall be measured by the Consumer

Price Index for Urban Wage Earners and Clerical Workers for the Midwest

Region, as tracked by the Federal Bureau of Labor Statistics. The amount

of inflation shall be determined each year, beginning one year after Notice

to Proceed, and shall be re-determined on each anniversary of Notice to

Proceed. The $800 per month cap for Class 3 Travel, and the $1000 per

month cap for Class 3 Lodgings, will be allowed to increase annually by

the amount of inflation so determined.

• 11.10 Class 4 Relocation Expenses: Reasonable relocation to

Cleveland expenses (including transportation of household items and two

cars, incidentals, temporary lodging and meals for family [not to exceed

one month in duration], and one, 3-day spousal trip to Cleveland) shall be

allowed based on actual expenditure, with an upper limit of $20,000 per

individual. Only Class 4 staff qualify for relocation expenses. Class 4 staff

qualify for relocation expenses, but for no other Personal Allowance

expenses.

• 11.11 Travel to a Work Site Other than Cleveland: Travel to a site

outside of Cuyahoga County and outside of the Division of Water's Service

Area that is for a project related purpose (such as witnessing a pump test)

shall be allowed. Consultants shall propose such travel in their project

proposal. Each specific trip must be approved in advance by the City.

Class 2 regulations as listed above shall govern this type of travel. The

time spent traveling, and the time spent at the alternate site, are billable

as a labor expense, provided such time occurs during normal business

hours.

12. Taxes

Purchases for this project are exempt from state and local sales taxes. The Consultant shall use the City’s tax exempt number (available as necessary) for such purposes.

APPENDIX J

SAMPLE AGREEMENT

1

SAMPLE AGREEMENT

Between

THE CITY OF CLEVELAND

And

NAME

For

Type of Services

THIS AGREEMENT for professional services is entered into as of this day of __________, 20_ __, between the City of Cleveland (“City”), a municipal corporation of the State of Ohio, through its Director of ******* (“Director”), under the authority of Ordinance No. ****-**, passed by Cleveland City Council on ************, 20**, and Board of Control Resolution No. ****-**, adopted *******, 20** and _______________, **********address************* (“Consultant”), through its duly authorized officer. RECITALS: 1. The City desires to supplement the regularly employed staff of the Department of ***** in order to obtain the professional services necessary to ******. 2. Consultant has proposed by its letter dated ***** to provide the professional services to the City.

3. The City finds Consultant’s Proposal acceptable and desires to hire Consultant to furnish the services under the terms, conditions and provisions in this Agreement.

In consideration of the foregoing, the payments and the mutual promises in this Agreement, the parties agree as follows: ARTICLE I. SERVICES OF CONSULTANT

A. General

By execution of this Agreement, the City accepts and Consultant agrees to be bound by the Proposal of Consultant dated ******, attached as Exhibit “A,” and the City’s Request for Proposal (“RFP”), attached as Exhibit “B.” Both of these documents are incorporated in this Agreement subject to any

2

changes or modifications that may be made by this Agreement. Complete copies of both Exhibit “A” and “B” are attached to the original of this Agreement on file in the City Division of Accounts and are incorporated in this Agreement as if fully rewritten. The cover page and several other descriptive pages of both documents are attached to all copies. Consultant is hired to supplement the regularly employed staff of the several departments of the City to ********, as more fully described in Exhibit “A” and Exhibit “B.”

B. Specific Services

Consultant shall render the specific services listed and identified in Exhibit “A” and Exhibit “B.”

C. Meetings and Reports

Consultant shall attend meetings and deliver reports in accordance with Exhibit “A” and Exhibit “B” and any other meetings or reports the Department requests. ARTICLE II. ASSISTANCE OF THE CITY The City shall assist Consultant to the extent possible as necessary during the term of this Agreement. Office and working facilities shall be provided Consultant on a space available basis only. ARTICLE III. TERM The term of this Agreement shall begin upon *****, and shall, unless extended by the City or unless sooner canceled or terminated under the provisions of this Agreement expire upon the project completion date of ****. ARTICLE IV. PAYMENTS

A. Amount

The City shall pay Consultant for accomplishment of all work and services required hereunder a ***** fee not to exceed ******.

B. Payment

The City shall pay Consultant after submission to and approval by the Director a verified monthly billing itemizing the actual time and effort expended to the date of the billing and the amount of the billing less any prior payments. If the billing is not acceptable, the City shall inform Consultant as to

3

the reasons and the corrective actions necessary, if any, to qualify the billing for approval.

C. Acceptance

No approval given or payment made under this Agreement shall be conclusive evidence of the acceptance of performance under this Agreement either wholly or partially, and no payment made under this Agreement shall be construed to be an acceptance of deficient or unsatisfactory work. ARTICLE V. CANCELLATION The City may cancel this Agreement at any time with cause upon written notice to Consultant of such intent when either the progress or results achieved under this Agreement are unacceptable to the City. If this Agreement is canceled by the City prior to completion, Consultant, within ten (10) days, shall submit a certified final progress report of the percentage of work completed by the date of cancellation. The City shall pay Consultant for the work completed as certified in this statement. Notwithstanding any other provision of this Agreement, including Exhibit “A” and Exhibit “B”, all records, documents, materials and working papers prepared as part of the work under this Agreement shall become and remain the property of the City. Upon any such cancellation, Consultant shall turn over to the City all records, documents, working papers, computer disks of data and other materials which would be necessary, in the judgment of the City, to maintain continuity in progress of the work by another Consultant. ARTICLE VI. SUBCONSULTANTS Consultant shall not sublet or subcontract nor shall any Subconsultant commence performance of any part of the work or services included in this Agreement without the previous written consent of the Board of Control. Subcontracting, if permitted, shall not relieve Consultant of any of its obligations under this Agreement. Consultant shall be and remain solely responsible to the City for the acts or faults of any Subconsultant and of such Subconsultant’s officers, agents and employees, each of whom shall for this purpose, be considered an agent or employee of Consultant to the extent of its subcontract. Consultant shall file a conformed copy of the applicable subcontract with the City. Consultant and any Subconsultant shall jointly and severally agree that the City of Cleveland is not obligated to pay or to be liable for the payment of any sums due any Subconsultant.

4

ARTICLE VII. INDEMNIFICATION Consultant shall indemnify and save harmless the City and its respective officers, agents and employees from and against all suits or claims that may be based upon any injury to persons or property arising out of an error, omission or negligent act of Consultant or its Subconsultant; and Consultant shall, at its own expense, defend the City in all litigation, pay all attorneys’ fees, damages, court costs and other expenses arising out of the litigation or claims incurred in connection therewith; and shall, at its own expense, satisfy and cause to be discharged the judgments as may be obtained against the City, or any of its officers, agents or employees, arising out of such litigation. This indemnification shall survive the term of this Agreement. ARTICLE VIII. INSURANCE REQUIREMENT Consultant and each of its Subconsultants shall, at their expense and at all times during the performance of services under this Agreement, maintain comprehensive general and professional liability insurance insuring themselves against the indemnification obligations undertaken in Article VII, Indemnification above. Consultant shall require its Subconsultants to obtain insurance and shall be responsible for enforcement of its Subconsultants’s obligation to obtain insurance to satisfy the requirements hereunder. The policies shall be with companies authorized to do business in Ohio and rated “A” or above by A.M. Best Company or equivalent. The comprehensive general liability insurance policy shall: be occurrence type; name the City as an additional insured; have limits of not less than Two Million Dollars ($2,000,000.00) for any one incident; have a “per project” endorsement; and be primary with respect to Consultant’s general liability, notwithstanding any other insurance covering the City. Consultant’s insurance policy shall include valuable papers coverage in the amount of not less than One Hundred Thousand Dollars ($100,000.00). The professional liability insurance shall have limits of not less than Five Million Dollars ($5,000,000.00) for any one incident, and if not written on an occurrence basis, shall be maintained for a period of not less than two (2) years following the completion of the services to be provided.

A. Notice of Cancellation

The City shall be listed as an additional insured on all required insurance policies or evidence of insurance. Consultant shall notify the Director, in writing, at least 30 days before it cancels or reduces the required insurance coverage(s), and immediately upon receiving notice of any cancellation or reduction of any required insurance coverage by an insurance company.

5

B. Copy of Insurance Policy Upon the request of the Director of Law of the City of Cleveland, Consultant shall immediately provide the Director of Law an exact copy of the insurance policy or policies required in this Agreement.

C. Certificate of Insurance

Upon execution of this Agreement, Consultant shall submit to the City a certificate(s) of insurance with respect to such policy or policies. If the additional insured endorsement required above is not available at the Agreement execution date, Consultant shall submit to the City a notation of the endorsement together with either a Binder or an Advice of Insurance with respect to such endorsement. Consultant shall also provide a copy of the endorsement naming the City as an additional insured under Consultant’s comprehensive general liability coverage. The endorsement shall be submitted no later than thirty (30) days after the execution date hereof.

D. Policy The certificate(s), Binder or Advice required in paragraphs B and C above

shall, as to form, coverage and carrier, be satisfactory to the Director of Law. If at any time, the coverage or carrier on any policy shall become unsatisfactory to the Director of Law, Consultant shall immediately provide a new certificate meeting the requirements of the Director of Law.

E. No Limit of Liability

The limits of insurance specified above shall in no way constitute the upper limits of liability for which Consultant is responsible under Article VII, Indemnification above. ARTICLE IX. STATE INDUSTRIAL COMPENSATION Consultant shall be required at all times during the term of this Agreement to subscribe to and comply with the Workers Compensation Laws of the State of Ohio and pay such premiums as may be required under those laws and to save the City harmless from any and all liability from or under the Workers’ Compensation laws. ARTICLE X. SOCIAL SECURITY ACT Consultant shall be and remain an independent Consultant with respect to all services performed under this Agreement and agrees to and does accept full

6

and exclusive liability for the payment of any and all contributions or taxes for social security, unemployment benefits, pensions and annuities now or will be imposed under any state or federal laws which are measured by the wages, salaries or other remuneration paid to persons employed by Consultant on work performed under the terms of this Agreement and further agrees to obey all lawful rules and regulations and to meet all lawful requirements which are now or may be issued or promulgated under the respective laws by any duly authorized state or federal official. Consultant also agrees to indemnify and save harmless the City of Cleveland from any such contributions or taxes or liability. ARTICLE XI. INTEREST OF CONSULTANT Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Consultant further covenants that no person having any such interest shall be employed in the performance of this Agreement. ARTICLE XII. DEFAULT AND REMEDIES A. Consultant shall be in default of this Agreement upon the happening of any of the following events:

1. If Consultant fails to observe or perform any of the covenants or agreements to be observed or performed by it under this Agreement and such failure continues for a period of five (5) days after written notice is given Consultant by the City; 2. The filing, execution or occurrence of: (i) a petition or other proceeding by, or a finding against, Consultant for its dissolution, reorganization or liquidation; (ii) a petition in bankruptcy by Consultant; (iii) an adjudication of Consultant as bankrupt or insolvent; (iv) an assignment or petition for assignment for the benefit of creditors; 3. If Consultant abandons or discontinues its operations for the City except when such abandonment or discontinuance is caused by fire, earthquake, war, strike, or other calamity beyond its control.

B. Upon the happening of any one or more of the events as set forth in Paragraph A of this Article, or upon any other default or breach of this Agreement, the City may, at its option, exercise concurrently or successively any one or more of the following rights and remedies:

7

1. Without waiving such default to pay any sum required to be paid by Consultant to others than the City and which Consultant has failed to pay under the terms and conditions of this Agreement. Any amounts paid by the City in fulfilling the obligations of Consultant under this Agreement, including all interest, costs, damages, attorneys’ fees and penalties shall be repaid by Consultant to the City on demand with the interest rate of 12% per annum from the date of the City’s payment; 2. To enjoin any breach or threatened breach by Consultant of any covenants, agreements, terms, provisions or conditions; 3. To sue for the performance of any obligation, promise or agreement devolving upon Consultant for performance or for damages for the nonperformance of this Agreement, all without terminating this Agreement; 4. To terminate this Agreement.

C. All rights and remedies granted to the City in this Agreement and

any other rights and remedies which the City may have at law and in equity are declared to be cumulative and not exclusive and the fact that the City may have exercised any remedy without terminating this Agreement shall not impair the City’s rights later to terminate or to exercise any other remedy granted or to which it may be otherwise entitled.

ARTICLE XIII. ASSIGNMENT PROHIBITED Consultant shall not assign, transfer, convey, sell or pledge its rights or interest in this Agreement or any part of this Agreement, or any right or privilege created under this Agreement and upon any attempt by Consultant to do so, this Agreement shall immediately terminate. ARTICLE XIV. CAMPAIGN CONTRIBUTIONS

Consultant hereby certifies that beginning on the date the contract is awarded and extending until one year following conclusion of the contract, all persons identified in Ohio Revised Code Sections 3517.13(I)(3) and 3517.13(J)(3), as applicable, are in compliance with Ohio Revised Code Sections 3517.13(I)(1) and 3517.13(J)(1).

ARTICLE XV. NOTICE AND PAYMENTS

8

All notices which may be proper or necessary to be served and payments to be made under this Agreement shall be sent by regular mail, postage prepaid, to the following addresses or to such other address as either party may later designate for such purpose. To the City: c/o Director of *****, 1201 Lakeside Ave., Room *****, Cleveland, Ohio 44114. To the Consultant: c/o ************. ARTICLE XVI. EQUAL OPPORTUNITY This Agreement is a “contract”, and Consultant is a “Consultant” within the meaning of Chapter 187 of the Codified Ordinances of Cleveland, Ohio 1976. During the term, Consultant shall comply with all terms, conditions and requirements imposed on a “Consultant” in the Equal Opportunity Clause, Section 187.22(b) C.O., attached hereto as Exhibit ********** and made a part of this Agreement. A copy of this Equal Opportunity Clause shall be made a part of every subcontract or agreement entered into for goods or services, and shall be binding on all persons, firms and corporations with whom Consultant may deal. ARTICLE XVII. CONSTRUCTION OF AGREEMENT All terms and words used in this Agreement, regardless of the number and gender in which they are used, shall be deemed and construed to include any other number, singular or plural, and any other gender, masculine, feminine, or neuter, as the context or sense of this Agreement or any paragraph or clause herein may require, the same as if such words have been fully and properly written in the number and gender. Consultant agrees that no representation or warranties of any type shall be binding upon the City, unless, expressly authorized in writing in this Agreement. In the event of any conflict between the provisions of this Agreement and the language of the Consultant’s Proposal, the provisions of this Agreement shall govern. In the event of any conflict between the scope of services contained in the Proposal and the RFP, the City’s RFP shall control. The headings of sections and paragraphs, if any, to the extent used in this Agreement are used for reference only, and in no way define, limit, or describe the scope or intent of any provision. This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be deemed original, but such counterparts together shall constitute but one and the same instrument. The following attached documents are incorporated with and made a part of this Agreement:

1. Exhibit “A” - Consultant’s Proposal 2. Exhibit “B” – City’s Request for Proposals 3. Exhibit “C” - Equal Opportunity Clause 4. Ordinance No. ___________ 5. Board of Control Resolution No. ___________

9

The parties have caused this instrument to be executed as of the date

and year first above written. CITY OF CLEVELAND By: ________________________

******* Director of ***** *********

By: _________________________ Title: ________________________

_________________ Taxpayer ID Number The legal form and correctness of the within instrument is approved. BARBARA A. LANGHENRY Director of Law By: _______________________ ***************** Assistant Director of Law Date: ______________________