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Pre-Proposal Conference A pre-proposal conference will be held at Division of Information Technology & Services, 205
St. Clair, Cleveland, 44113, Rm 306, on Friday, October 11th, 2019 at 10:00 AM EST.
Interested parties may ask questions or seek clarification pertaining to this RFP and the
services desired. For security reasons, those planning to attend the pre-proposal conference
must register by email to [email protected] or 216-664-7015. When registering, it
will be necessary to provide the names of all attendees. Interested parties also have the
option of participating via teleconference. Details of the teleconference session will be sent to
all registered attendees.
Addendum to the RFP The last day for submission of questions with regards to the RFP is Friday, October 18th, 2019, at 5:00 PM EST. An addendum to the RFP will be published on the City’s website
Wednesday, October 23rd, 2019.
Submitting Proposals Each firm must submit two (2) complete copies of their technical proposal and fee proposal in
hard copy, a copy of the technical and fee proposal on a DVD, or Flash Drive to the
undersigned no later than 5:00 p.m. EST on Thursday, October 31st, 2019. No proposals
will be accepted after that date and time unless the City extends the deadline by a written
addendum.
The technical and fee proposals should be packaged in separate sealed envelopes, marked
appropriately on the outside and, if possible, enclosed in one package, These may be mailed
or delivered to the address below and must be clearly identified on the outside of the
envelope(s) as:
Proposal: Network Security Audit and Vulnerability Assessment City of Cleveland
Division of Information Technology & Service
Attn: Tiearra Hayes, Project Manager
205 W. St. Clair, 4th Flr. Cleveland, OH 44113.
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The City 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 the sole discretion of the City, to be in the City’s best interests. The City may modify or
amend any provision of this notice or the RFP at any time.
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Contents I. Introduction and Overview ............................................................................... 5
II. Scope of Network Security Audit and Vulnerability Assessment Services ...... 7
III. General Guidelines ...................................................................................... 15
IV. Qualifications for Proposal ........................................................................... 18
V. Proposal Content .......................................................................................... 20
VI. Proposal Evaluation and Vendor Selection ................................................. 24
VII. The City’s Rights and Requirements .......................................................... 28
VIII. Agreement Process ................................................................................... 33
IX. Terms and Conditions .................................................................................. 36
X. Equal Opportunity Requirements .................................................................. 42
XI. Attachments ................................................................................................. 46
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I. IntroductionandOverview
Introduction
The City of Cleveland (City), Information Technology Services, is soliciting proposals from
qualified service providers with industry experience sufficient to perform in-depth Network
Security Audit and Vulnerability Assessment of the IT infrastructure, network, and
applications in the City of Cleveland. The firm to be employed by the contract, will
supplement the regularly employed staff of the departments under General Funds and
Enterprise Funds, which consist of Port Control and Public Utilities. Following the
specifications outlined in this document, deliverables from the assessment must include
comprehensive documentation to include any non-compliant network vulnerabilities; a risk
analysis listing the priority of each risk or vulnerability identified (i.e., high/med/low) and a
roadmap document outlining technologies and best practices that the City should focus on to
improve its security model. The result of this procurement process will be the award of one or
more contracts to one or more Consultants for the services described herein.
Background
Overview The City of Cleveland is issuing this request for a proposal to perform a citywide Network
Security Audit and Vulnerability Assessment to identify vulnerabilities, analyze and determine
their potential impact, establish benchmarks for remediation and improvements of the City’s
operations, internal controls, and current policies and procedures. The selected vendor is
expected to perform these services in four separate network environments (Public Safety,
Utilities, Port Control, and General Fund). The IT services provided within these domains
include but are not limited to: IT operations planning and management, application services
deployment, network infrastructure, and data storage. Other services include management of
telecommunications; wired, wireless, and Wi-Fi services across all City departments and
helpdesk support services support.
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Task-Based Project Execution for Support Services Each work activity requested by the City under this contract will be considered a task. These
tasks will vary in length from short term specific projects/initiatives to long term managed
support services that may span the length of the contract. Tasks may be either for a
consultant to execute a defined scope of work or maybe a request for resources to augment
the existing City staff.
Due to the nature of these work tasks, it is expected that the selected Consultant may need
to acquire the services of sub-consultants specializing in various disciplines to complete the
Contract Tasks. A list of possible services is included in Section II, Scope of Services.
The Consultant shall provide experienced staff to fulfill the service requirements and to
produce the required deliverables.
Activities for all tasks shall be coordinated by the Consultant with the City’s designated
Information Technology & Services Program Manager. Tasks will be released by the City as
required. The procedure for release of tasks to the Consultant is described in Section III,
General Guidelines.
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II. ScopeofNetworkSecurityAuditandVulnerabilityAssessmentServices Scope of Services This list of possible services is intended to provide a general overview of the work to be
performed under this contract.
The scope may include all disciplines and the work products developed by these disciplines,
whether identified or not.
1. Vulnerability Assessment, including but not limited to:
Internal Network
External Network
Wireless Network
Physical Access Controls
Remote Access/ External Partners
Social Engineering
Internet Usage
Host-Based Security
Virus Protection
Logon Security
Payment Card Industry (“PCI”) Data Security Standard (“DSS)
Compliance Assessment
Remittance Data (channels managing invoice and payment process) Advantage Architecture
GAAP Assessment
2. Penetration Testing, including but not limited to:
Internal Network
Web Security
Inbound and Outbound Remote Access Strategy
Intrusion Detection- Varonis
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SIEM Product (Security Information Event Management)
USB Lockdown
3. Network Security Audit, including but not limited to:
Device and Platform Identification
Domain Name System (“DNS”) Security Configuration Audit
Server Security Configuration Audit
Employee Training and Social Engineering Threat Prevention Audit
Security Policies and Procedures Review
Backup Disaster and Recovery Audit
Third-Party On-Site Security Audit
Security Incident Response Contract Audit
4. Connections to External Partners
Detailed Scope of Services
Vulnerability Assessment Services
Internal Network
All internal corporate systems to include workstations, servers,
switching/routing infrastructure, virtualization, and storage infrastructure, and
other connected IT devices. Including all Demilitarized (DMZ) systems to
include flow controls from external to internal systems.
External Network
All external public-facing systems to include firewalls, load balancers, web
servers, FTP servers, and web service interface points.
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Wireless Network
All wireless systems to include internal touchpoints from all SSID, broadcast, or
hidden, as well as encryption levels.
Physical Access Controls
Determine if the current physical security is adequate by conducting physical
access assessments.
Remote Access/ External Partners
Assess remote access and security of network connections and data traffic to
and from external partners
Social Engineering
Perform social engineering procedures to verify the existence and effectiveness
of procedural controls to prevent unauthorized physical and electronic access
to the City’s IT network.
Internet Usage
Asses URL/web filtering and access restrictions
Host-Based Security
Assess the security of critical systems at the operating system and database
layers and associated identity and access management controls.
Virus Protection
Evaluate the facility used to prevent the impact of viruses. Perform a threat
assessment to identify vulnerabilities.
Logon Security
Evaluate password policies. Review current logon auditing practices. Examine
current practices and identify any potential weaknesses. Provide input on an
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action plan to deal with problems. Perform a threat assessment to identify
vulnerabilities.
PCI DSS Compliance Assessment
This service includes an assessment of the City’s cardholder data environment
for compliance with the PCI DSS, including the people, processes, and
technology that store, process, or transmit cardholder data or sensitive
authentication data.
Remittance Data- (channels managing invoice and payment process) This service includes an assessment of the City’s invoice and payment
processing environment, including the people, processes, and technology that
store, process, or transmit invoices and billing data.
Advantage Architecture
This service includes an assessment of the City’s IT environment protection.
GAAP Assessment
This service includes an assessment of the City’s standards, conventions, and
rules accountants follow in recording and summarizing, and in the preparation
of financial statements.
Vulnerability Assessment Services Deliverables
The vendor will provide the City of Cleveland with a detailed report on the assessment
vulnerabilities discovered and recommendations.
Highlight successes and identify gaps
Identify security/privacy risks in current practices inclusive of:
Policy/Process/Procedures
Tools, Methods, Implementation
Operations
Develop detailed recommendations to close gaps, which includes:
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Recommend mitigation solutions
Estimated budget requirements range for mitigation deployment and ongoing
support
Estimated deployment timelines
Penetration Test Services
Internal Network
Perform non-volatile exploit procedures designed to determine how well
security systems can withstand up-to-date malicious exploits launched via the
internet and internal network connections.
Web Security
All wireless systems to include internal touchpoints from all SSID, broadcast, or
hidden, as well as encryption levels. Testing will attempt to compromise
networks and operating systems to identify vulnerabilities to the system.
Inbound and Outbound Remote Access Strategy
Evaluate the administration of remote access, both inbound and outbound.
Review implications, protocol, and procedures associated with the level of
access that has been granted to authorized users. Examine security issues in
remote data transfer and the extent of network access available remotely.
Perform a threat assessment to identify vulnerabilities with existing remote
access.
Intrusion Detection- Varonis Protection
Evaluate the built-in host intrusion detection (HIDS), network intrusion detection
(NIDS), as well as cloud intrusion detection for the City’s public cloud
environments.
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SIEM Product- Security Information Event Management
Evaluate real-time analysis of security alerts generated by the City’s
applications and network hardware.
USB Lockdown
Evaluate unauthorized device detection for security incidents.
Penetration Test Services Deliverables
The vendor will provide the City of Cleveland with a detailed report on testing and
attack scenarios used, test result log, and interruptions.
Network Security Audit Services
Device and Platform Identification
This service includes identifies all network assets and operating systems.
Domain Name System Security Configuration Audit
This service includes an evaluation of DNS servers for the following:
Verification, the guidelines within the DNS Security Requirements Guide
(“SRG”), and the DNS Policy Security Technical Implementation Guide (STIG)
are followed.
Evaluation of systems to ensure compliance with applicable standards and to
determine if the environment is protected against known threats and current
attack vectors
Audit of DNS vulnerabilities, including cache poisoning, DNS amplification,
Open Resolvers, etc.
Server Security Configuration Audit
This service includes an audit of server configurations against industry best practices
and applicable security standards.
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Employee Training and Social Engineering Threat Prevention Audit
This service includes an evaluation of existing training materials applicable to security
policies and procedures to ensure employees are trained and compliant with the
necessary tools to prevent non-technical attacks, which often involves deceiving
employees to break standard security procedures.
Security Policies and Procedures Audit
Audit current state of security policies and standards and benchmark against business
needs and commonly accepted industry standards to enhance the current policy set
where there are gaps to the common standards. Build new policies to match where
existing controls are in place, and to make recommendations for additional policies
that may be needed.
Backup Disaster and Recovery Audit
Evaluate documented processes and procedures for ITS Disaster
Preparedness Compliance to ensure the continuance of key business functions
in the event of a disruption.
Ascertain the existence and effectiveness of the current ITS disaster recovery
plan and its alignment with the enterprise business continuity plan, policies, and
procedures.
Evaluate ITS function’s preparedness in the event of process disruption.
Determine compliance with applicable federal laws and regulations.
Third-Party On-Site Security Audit
3rd party security audit to confirm that security and data protection controls are in
place and compliant to business needs and in alignment with acceptable industry
standards.
Security Incident Response Audit
Audit relating to the effectiveness of security incident management processes,
policies, procedures, and governance activities
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Network Security Audit Services Deliverables
The vendor will provide the City of Cleveland with a detailed report on findings.
Findings document that details and demonstrate all threats and
vulnerabilities that are identified.
A risk analysis listing of recommendations based on risk severity, probability,
cost, and scope of work. This should also include recommendations that
address policy or procedural vulnerabilities
A Security Roadmap that lists the technology recommendations for the next
3-5 years and includes a strategic direction in support of the City’s security
infrastructure.
Connections to External Partners Services
Review the City’s connection and security posture to the City’s external partners
through wide area networks, dedicated circuits, remote clients, and remote server
technologies; Assess remote access and security of network connections and data
traffic to and from external partners.
Connections to External Partners Services Deliverables
Executive Summary with overall severity findings and risk exposure
Remediation recommendations to close the vulnerabilities identified
Detailed steps (wherever/whenever applicable) to be followed while
mitigating the reported vulnerabilities
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III. GeneralGuidelines Task Request for Proposal When a Task is first initiated, the Program Manager for this contract shall issue a Task
Request for Proposal (TRFP) to the Consultant. The TRFP may include the following
information:
• Background of the need for the task • Goal and objective of the task • Task priority relative to other contract tasks • Listing of any scheduling and coordination restrictions that will affect the task • Listing of known governmental regulations that may need to be addressed in the task • Determining if legislation exists, will be needed, or will not be needed to proceed with
the task
• Known problems that may restrict design or implementation which must be addressed • Task project management responsibilities • Any other related information not listed • Assigned task number • Established task deliverables • Intermediate milestones
Task Proposal The consultant will take the information presented in the TRFP and prepare an estimate of:
• Disciplines needed • Staff to be provided along with resumes (if requested) • Hours needed by each • Schedule • Reimbursable • Total not-to-exceed Task Cost
The Consultant shall submit this information in the proposal form to the Program Manager.
Task Negotiation The Program Manager will review the Task Proposal as received from the Consultant and
determine if the proposal is acceptable. If it is determined that adjustments are needed, the
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manager will negotiate with the Consultant until both parties agree on the details in the Task
Proposal. This process must be repeated until no new corrections are needed.
Task Authorization When the Task Proposal is finalized, a formal Task Authorization Letter will be given to the
Consultant by the Program Manager.
Each authorized Task shall indicate a Total Not-To-Exceed funding cap. The Consultant shall
utilize generally accepted Project Management processes, whereby consistent biweekly
milestone meetings will provide both a dollar/percentage spent and work remaining. These
shall include documented and formalized issue log and change request processes that shall
be reviewed and approved by the City. The Consultant shall give The City at least one-month
advance notice of when it thinks a Task’s funding will be exhausted prior to completion.
Task Completion and Close-Out All work by the Consultant shall conform to Generally Commercially Acceptable Standards.
After the Consultant has completed the activities as authorized in each task, he/she shall
submit, in hard copy, and where applicable, in electronic format (latest version of Adobe PDF,
MS Word, Visio, or MS Excel), the following items to the Program Manager:
• Collected information • Design notes and requirements • documentation • All Task correspondence • All other defined deliverables
Compensation and Invoicing Support Services Compensation for services shall be based on hourly billing rates for the category of the
individuals assigned to each Task and approved reimbursable expenses as agreed upon
during negotiation of the Agreement. Billing rates shall remain unchanged throughout the life
of this contract.
The Consultant shall be compensated for reimbursable expenses incurred in the interest of
the work in accordance with the City Expense Reimbursement Policy.
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The Consultant shall be paid for services on a time-based method. The Consultant shall
invoice each month based on the actual hours, and approved hourly billing rates expended
for the services. The invoice shall include only the staff titles listed in the Fee Proposal.
The Consultant shall submit its invoice for progress payment to the Program Manager 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 take place on the previous working day. The
Consultant shall not submit invoices more frequently than once per month.
Invoices shall include a cover page, summary table, detailed invoice per task, summary table
of labor costs, timesheets, a summary table of reimbursable, original receipts, and other
information as deemed appropriate. Invoices shall include specific activities worked, on an
hourly and daily basis by resource.
Supporting information (receipts, timesheets, etc.) shall be attached in the appropriate
section of the invoice in alphabetical then chronological order. For example, timesheets shall
be attached alphabetically by individual name and chronologically by the individual.
Each approved task shall be specifically identified and tracked.
Invoices not submitted in the approved format may be rejected and returned to the
Consultant. This includes incomplete information and missing documentation.
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IV. QualificationsforProposal
Each proposer, regardless of the form of its business entity, must meet the following
minimum requirements. Failure to meet all requirements may be cause for rejection of a
proposal. If a 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 the services described in this RFP
• Provide evidence that it has a minimum of 5 continuous years of experience within the
last 10 years of Security Audit and Assessment engagements/implementations with
comparable cities
• Be authorized to conduct business in the State of Ohio, County of Cuyahoga, and the
City of Cleveland
• Proposer demonstrates qualification 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. (See Attachment “G” – Vendors Client References Form)
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 Section I above.
Each proposer shall provide all the 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 Content. The proposer should carefully read all instructions and requirements and furnish all the 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
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The City wishes to promote the greatest feasible use of recycled and environmentally
sustainable products and to minimize waste in its operations. To this end, all proposals
should comply with the following guidelines: Unless necessary, hard copies should minimize
or eliminate the 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.
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
Tiearra Hayes, 205 West St. Clair Avenue, 4th Floor, Cleveland, OH 44113, no later than
Friday, October 18th, 2019 at 5:00PM EST. Requests for clarification or interpretation may
be submitted via e-mail to [email protected].
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V. ProposalContent Each proposal shall include the following parts in the order below. Please separate and
identify each part by tabs for quick reference. Each proposal should be organized to facilitate
its evaluation.
The Proposal submittal shall be no longer than 40 single-sided printed pages, excluding
appendices.
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. The proposal shall be
submitted in 3-ring binders.
The proposal response section shall consist of the following sections:
Section 1: Cover Page and Executive Summary
The Executive Summary should provide a complete and concise summary of the proposer’s
experience and ability to meet the requirements of this RFP. It should briefly state why the
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.
Section 2: Profile
The Proposer will provide a profile of its organization and all other sub-consultants who will
be providing services. At a minimum, the Proposer will provide the following information:
• Principal owners of the business
• Number of years in business
• Number of years involved with services as proposed
• Total number of employees
• Latest gross sales revenue
• Latest gross income
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Section 3: Qualifications
Identify the prime and each sub-consultant firm’s qualifications for providing professional
services. Place specific emphasis on projects for government and/or utilities.
In the Qualifications section, each Proposer should state in detail its qualifications, and
experience, and how its services and/or products are unique and best suited to meet the
requirements and intent of this RFP. This should include the qualifications of sub-consultants
included in the proposal. The proposer may include as much information as needed to
differentiate its services and product(s) from other proposals. At a minimum, please include
the following:
• How Proposer meets or exceeds qualifications;
• A description of the nature of the firm’s experience in providing the service(s)
and/or product(s) sought by this RFP and state the number of persons currently
employed for such purpose;
• The total number of such engagements and the clients comparable to The City for
which the firm has provided like or similar services within the last five (5) years.
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Section 4: List of Representative Services Provide a list of at least three similar consulting services that the proposer has completed within
the last three years. Include a detailed description of the scope, responsibilities, services, and dollar value for each
contract listed for the proposer Provide at least one client reference each (verified name and telephone number) of someone
closely familiar with each client and your firm's performance. Each service description shall be presented in the format consistent with the table below.
List of Representative Projects Table
(One sheet per project)
Project title:
Project Description:
Owner’s Name:
Location of Project:
Knowledgeable Contact’s Name
Contact’s Role in the Project:
Verified Telephone Number for Contact:
Project Manager’s Name*
Key Team Member’s Names and Duties*:
Prime Consultant:
Sub consultant(s) and Percent of Total Project:
*As proposed for that project SHEET OF
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Section 5: Environmental Sustainability
Describe how the proposed serves/project/solution incorporates environmental sustainability.
Section 6: Litigation:
Disclose any current litigation(s) that the proposer or any of its subcontractors are currently
involved or has been involved over the last 5 years.
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VI. ProposalEvaluationandVendorSelection Proposals received in response to this request will be reviewed and scored by an evaluation team. The evaluation of proposals received will be carried out in three rounds and will be based on but not limited to, the evaluation team’s assessment of the criteria defined under the following evaluation rounds.
Round 1 – Procedural Compliance and Quality Assurance Round 2 – Proposal Technical Review and Scoring Round 3- Vendor Oral Presentation
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.
Round 1 – Procedural Compliance and Quality Assurance Round 1 evaluation will be conducted to verify that the vendor has complied with the
submission criteria listed below. This is a pass or fails round; therefore, vendors are to
ensure that they meet ALL of the following conditions:
• Vendor’s adherence to the City’s established process for communication
• Vendor submitted a proposal to the City on or before the submission deadline
• Cover of the Vendor’s submission package contains the appropriate content
designation, and all requested components of the submission package are
included
• Adherence to City’s OEO requirements and correctly filing and submitting all
City’s Forms and Schedules
• The vendor has completed and submitted the Proposal Checklist –Attachment “D”. (City will verify all documentation supplied by the vendor, including all forms).
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Failure by the vendor to comply with the instructions provided or to submit a complete
proposal may render a proposal not qualified for the award, except that the City reserves
the right to waive minor irregularities. The City may also, solely at its discretion, choose
to notify a vendor of deficiencies in its response to the RFP and allow for remediation of
such deficiencies. Proposals that meet the submission criteria may progress to Round 2.
Round 2 – Proposal Technical Review and Scoring (Passing Score - 75%) This round of evaluation will be based on the following criteria:
a. Vendor Qualifications and Experience-
i. Attachment “H" Vendor Experience Checklist will be evaluated during Round 2
b. Project Approach and Proposed Solution;
c. Cost-Effectiveness and Value;
e. Acceptance of the Terms of the Contract
A firm’s involvement in any current litigation with the City of Cleveland 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.
Round 3- Vendor Oral Presentation (Passing Score -75%)
Vendors that scored a minimum of 75% from Round 2 evaluation may be invited to
conduct an oral presentation for the City of Cleveland. Presentations, not to exceed two
hours, will be scheduled by the PMO with each of the finalists within a reasonable
timeframe.
For the purpose of this presentation, vendors may be required to respond to specific
questions, scenarios, and use cases related to the RFP objectives. The presentation
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format, scripts, and questions will be provided to the vendor prior to the presentation date.
The evaluation panel may ask questions related to the vendor's proposal, prior
submissions, or presentation during the session.
Fee Proposal Evaluation and Finalist Selection
The evaluation team will review the fee proposals from all vendors that scored 75% and
above from the Round 3 evaluation. The selection of one or more finalists is at the discretion
of the City and will not be based solely on the cost proposal. The City will select the vendor
or vendors considered to be the “Most Advantageous,” and “Best Value” to the City, and
extend an invitation to enter into a contract.
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 insignificant, 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 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 submits only one proposal including all
alternatives to the proposal that the Proposer desire 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
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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 form 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.
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VII. TheCity’sRightsandRequirements 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.
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.
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 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.
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
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reference as fully as if rewritten in it or attached. Specifically, compliance under any resulting
agreement shall include, but not be limited to, the Contractors:
Compliance with its proposal representations regarding CSB, MBE, and/or FBE
participation in the performance of the Agreement;
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 the 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
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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
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 the “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 the participation of MBE, FBE,
and/or CSB sub-consultants throughout the duration of the engagement or project.
The successful proposer, as the contractor, will be responsible for providing the
OEO with all the information necessary to facilitate this monitoring.
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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 the 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 subcontractor 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.
Term of Proposal’s Effectiveness 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”).
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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.
Short-listing The City reserves the right to select a limited number (a “shortlist”) of proposers to
make an oral presentation of their qualifications, proposed services, and capabilities.
The City will notify the proposers selected for oral presentations in writing.
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 proposers on the basis of the
information made available by the City. The City does not guarantee the accuracy of
any information provided, and the 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.
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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 otherwise deliver
one copy of each addendum issued, if any, to each individual or firm that requested
and received an RFP. Any addendum is a part of and incorporated in this RFP as
fully as if originally written herein.
Required City Forms Proposer shall complete, execute, and return with its fee proposal, the following documents; they can also be found on-line on the City of Cleveland website. City of Cleveland OEO Forms
• The Office of Equal Opportunity Notice to Bidders and Schedules; • Federal Form W-9 including Taxpayer Identification Number; • Non-Competitive Bid Contract Statement for Calendar Year 2019 • Northern Ireland Fair Employment Practices Disclosure
VIII. AgreementProcess
The Vendor whose proposal is found to be the “Most Advantageous” to the City will be
selected and offered the opportunity to agree with the City. The scope, terms, and
conditions of that Agreement shall be in conformance with the terms, conditions, and
specifications described in this RFP, and the proposal submitted by the Vendor shall
become part of the Agreement with the City.
The selected Vendor must be prepared to begin contract negotiations immediately upon
notification of selection. If the Vendor is not able to begin contract negotiations, the City
may disqualify the Vendor. The City reserves the right to negotiate the contract to include
any portion or portions of the proposal.
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The City shall not be responsible for any vendor costs incurred in relation to the
preparation of the proposal, travel to any meetings, or any other Vendor costs associated
with proposal preparation.
The City of Cleveland’s Law Department will prepare the contract. Vendor responses
must identify a designated contact, authorized to negotiate the final terms and conditions
with the Law Department. It should be noted that the Law Department uses the City of
Cleveland to prepared contract forms and not standard vendor contract forms.
Construction of Agreement
A. The validity, interpretation, construction, and performance of this Agreement shall be
in accordance with the laws of the State of Ohio.
B. This Agreement and the agreement between the City of Cleveland sets forth the entire
understanding of the parties and supersedes any and all prior agreements,
arrangements, and understandings, oral or written, of any nature whatsoever between
the parties regarding the subject matter hereof. The waiver of any breach of any term
of this Agreement does not waive any subsequent breach of that or any other term of
this Agreement.
C. No modifications or amendments to this Agreement will be valid unless in writing and
signed by each of the parties hereto.
D. 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 or 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.
E. The consultant agrees that no representation or warranties of any type shall be
binding upon the City unless expressly authorized in writing herein.
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F. The headings of sections and paragraphs to the extent used herein are used for
reference only, and in no way define, limit or describe the scope or intent of any
provisions hereof.
G. 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 one and the same instrument.
H. The following documents attached hereto are hereby incorporated with and made a
part of this Agreement:
1. Attachment “A,” Equal Opportunity Clause.
2. Attachment “B” Definitions.
3. Attachment “C” Forms.
4. Attachment “D” Proposal Checklist
5. Attachment “E” Fee Proposal
6. Attachment “F” Vendor Background Info
7. Attachment “G” Vendor Client References
8. Attachment “H” Vendor Experience Checklist
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IX. TermsandConditions
The following terms and conditions, substantially in the form contained herein, shall be
included in the agreement between the City and the successful respondent. Please carefully
review these terms and conditions. No specific response to this section is required.
Term The term of this Agreement shall begin on the effective date of this Agreement and, unless
canceled in accordance with the terms of the Agreement, shall terminate upon completion of
and approval by the City of all work to be performed.
Cancellation This agreement may be canceled by the City at any time upon written notice to the
Consultant.
Independent Contractor The consultant and the City agree that the Consultant is an independent contractor and not
an employee of the City and further agrees that the Consultant shall be considered as such
for all purposes. As such Consultants shall retain sole financial responsibility for all taxes
due to federal, state, or local governments or agencies on account of themselves, their
employees, representatives, or agents.
Equal Opportunity, MBE/FBE The Consultant shall comply with all terms, conditions, and requirements imposed on a
“Contractor” in the Equal Opportunity Clause, Section 187.22(b) of the Cleveland Codified
Ordinances, (Attachment F) and shall make the Clause part of every subcontractor
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
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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.
A copy of this Clause shall be made a part of every subcontractor agreement entered into for
goods or services, and shall be binding on all persons, firms, and corporations with whom the
Contractor may deal.
Within 60 calendar days after entering into a contract, the successful Proposer, as
Contractor, shall file a written affirmative action program with the OEO containing standards
and procedures and representations assuring that the Contractor affords all qualified
employees and applicants for employment equal opportunities in the Contractor’s
recruitment, selection, and advancement processes. The forms can be found at City of
Cleveland OEO Forms
Cleveland Area Business Code During the performance of this contract, Consultant shall comply with any and all applicable
requirements of the Cleveland Area Business Code, Chapter 187 and 187a. 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. There is no subcontractor participation goal
for this contract.
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Subcontracts and Assignments Consultant shall not subcontract, nor shall any subcontractor commence performance of any
part of the work or services included in this Agreement without the prior written consent of the
City. Subcontracting, if permitted, shall not relieve the 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 such
subcontractor and such subcontractor's officers, agents, and employees, each of whom shall
for this purpose, be deemed to be an agent or employee of Consultant to the extent of its
subcontract. Consultant and any subcontractor 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 to any
subcontractor.
Assignment Consultant shall not assign any interest in this Agreement, and shall not transfer any interest
in the same, whether by assignment or notation, without the prior written consent of the City.
Confidentiality In rendering the Services to be performed pursuant to this Agreement, Consultant agrees to
treat and maintain confidential information and data as the City’s confidential property and
from the date hereof, and agrees not to divulge it to any third party at any time or use it for
Consultant’s personal benefit or otherwise, except as such use or disclosure may be required
in connection with the performance of the Services or maybe consented to, in writing by the
City.
Compliance with Laws and Policies This Agreement is subject to, and Consultant shall comply with, all statutes, ordinances,
regulations, and rules of the Federal government, the State of Ohio, the County of Cuyahoga,
and the City of Cleveland.
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Indemnification and Insurance Consultant shall indemnify and hold harmless the City and its respective officers, agents and
employees from and against all losses, damages, expenses, suits or claims, liabilities and
costs, including reasonable attorney's fees, that may be based upon any negligent error or
omission by Consultant or any injury to persons or property arising out of any error, omission
or negligent act of Consultant or its sub-consultant. Consultant shall, at its own expense,
defend the City in all litigation, pay all attorney's fees, damages, court costs and other
expenses arising out of such litigation or claims incurred in connection therewith and shall, at
its own expense, pay all claims and related expenses and satisfy and cause to be discharged
such judgments as may be obtained against the City, or any of its officers, agents or
employees, arising out of such litigation. Such indemnification shall survive the termination
of this Agreement.
State Industrial Compensation Consultant shall be required at all times during the term of this Agreement, if required by law,
to subscribe to and comply with the Workers' Compensation Laws of the State of Ohio and
pay such premiums as may be required thereunder and to save the City harmless from any
and all liability from or under said act. Consultant shall also furnish, if applicable, upon the
request of the City, a copy of the official certificate or receipt showing the payments referred
to herein.
Social Security Act Consultant shall be and remain an independent contractor with respect to all services
performed hereunder and agrees to and does hereby accept full and exclusive liability for the
payment of any and all contributions or taxes for social security, unemployment benefits,
pensions and annuities now or hereafter 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
hereafter may be issued or promulgated under said respective laws by any duly authorized
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state or federal officials and said Consultant also agrees to indemnify and save harmless the
City of Cleveland from any such contributions or taxes or liability therefore.
Interest of Consultant Consultant covenants that it 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
has any such interest shall be employed in the performance of this Agreement.
Defaults and Remedies
A. Consultant shall be in default of this Agreement upon the happening of any of the
following events:
1. Consultant fails to observe or perform any of the covenants or agreements to
be observed or performed by it hereunder, and such failure continues for a
period of five (5) days after written notice thereof is given to the 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. Consultant abandons or discontinues its operations for the City except when
such abandonment or discontinuance is caused by fire, earthquake, war, strike,
or other calamities 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 Finance
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Director may, at her option, exercise concurrently or successively any one or more of
the following rights and remedies:
1. Enjoin any breach or threatened breach by Consultant of any covenants,
agreements, terms provisions or conditions hereof.
2. Sue for the performance of any obligation, promise, or agreement devolving
upon Consultant for performance or for damages for the nonperformance
thereof, all without terminating this Agreement.
3. Terminate this Agreement.
C. All rights and remedies granted to the City herein and any other rights and remedies
that the City may have at law and in equity are hereby 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 thereafter to terminate or
to exercise any other remedy herein granted or to which it may be otherwise entitled.
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X. EqualOpportunityRequirements
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 Contractors:
• Compliance with its proposal representations regarding CSB, MBE, and/or FBE
participation in the performance of the Agreement;
• 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 (e.g., 25%
completion, 50% completion, 75% completion).
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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.
� 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.
• 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.
.
• 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
• Proposers may obtain a listing of firms certified by the OEO as CSBs, MBEs, and
FBEs by checking the City’s website at proposers are responsible for obtaining the
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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 the participation of MBE, FBE, and/or
CSB sub-consultants throughout the duration of the engagement or project. The
successful proposer, as the contractor, will be responsible for providing the OEO with
all the 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.
• 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 subcontractor 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
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hiring representative of contractors setting forth the provisions of this
nondiscrimination clause.
• Within 60 calendar days after entering into a contract, the successful Proposer, as
Contractor, shall file a written affirmative action program with the OEO containing
standards and procedures and representations assuring that the Contractor affords all
qualified employees and applicants for employment equal opportunities in the
Contractor’s recruitment, selection, and advancement processes.
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XI. Attachments
Attachment “A” EQUAL OPPORTUNITY CLAUSE
(Section 187.22(b) C.O.)
Each Contract also shall contain the following equal opportunity clause:
“During the performance of this contract, the contractor agrees as follows:
(1) The contractor shall not 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. The
contractor 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,
downgraded, transferred, laid off and terminated. The contractor agrees to and shall
post in conspicuous places, available to employees and applicants for employment,
notices to be provided by the hiring representatives of the contractor setting forth the
provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on
behalf of the contractor, state that the contractor is an equal opportunity employer.
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(3) The contractor shall send to each labor union or representative of workers with which
he has a collective bargaining agreement or other contracts, or understanding, a
notice advising the labor union or worker's representative of the contractor's
commitments under the equal opportunity clause, and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
(4) It is the policy of the City that local businesses, minority-owned businesses, and
female-owned businesses shall have every practicable opportunity to participate in the
performance of contracts awarded by the City subject to the applicable provisions of
the Cleveland Area Business Code.
(5) The contractor shall permit access by the Director or his or her designated
representative to any relevant and pertinent reports and documents to verify
compliance with the Cleveland Area Business Code, and with the Regulations. All
such materials provided to the Director or designee by the contractor shall be
considered confidential.
(6) The contractor will not obstruct or hinder the Director or designee in the fulfillment of
the duties and responsibilities imposed by the Cleveland Area Business Code.
(7) The contractor agrees that each subcontract will include this Equal Opportunity
Clause, and the contractor will notify each subcontractor, material supplier, and
supplier that the subcontractor must agree to comply with and be subject to all
applicable provisions of the Cleveland Area Business Code. The contractor shall take
any appropriate action with respect to any subcontractor as a means of enforcing the
provisions of the Code.”
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Attachment “B” Definitions per A-87:
1. "Approval or authorization of the awarding or cognizant Federal agency" means
documentation evidencing consent prior to incurring a specific cost. If such costs are
specifically identified in a Federal award document, approval of the document
constitutes approval of the costs. If the costs are covered by a State/local-wide cost
allocation plan or an indirect cost proposal, approval of the plan constitutes the
approval.
2. "Award" means grants, cost-reimbursement contracts, and other agreements
between a State, local, and Indian tribal government and the Federal Government.
3. "Awarding agency" means (a) with respect to a grant, cooperative agreement, or
cost-reimbursement contract, the Federal agency, and (b) with respect to a sub-
award, the party that awarded the sub-award.
4. "Central service cost allocation plan" means the documentation identifying,
accumulating, and allocating or developing billing rates based on the allowable costs
of services provided by a governmental unit on a centralized basis to its departments
and agencies. The costs of these services may be allocated or billed to users.
5. "Claim" means a written demand or written assertion by the governmental unit or
grantor seeking, as a matter of right, the payment of money in a sum certain, the
adjustment or interpretation of award terms, or other relief arising under or relating to
the award. A voucher, invoice, or other routine requests for payment that is not a
dispute when submitted is not a claim. Appeals, such as those filed by a
governmental unit in response to questioned audit costs, are not considered claims
until a final management decision is made by the Federal awarding agency.
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6. "Cognizant agency" means the Federal agency responsible for reviewing,
negotiating, and approving cost allocation plans or indirect cost proposals developed
under this Circular on behalf of all Federal agencies. OMB publishes a listing of
cognizant agencies.
7. "Common Rule" means the "Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments. Final Rule" originally
issued at 53 FR 8034-8103 (March 11, 1988). Other common rules will be referred to
by their specific titles.
8. "Contract" means a mutually binding legal relationship obligating the seller to furnish
the supplies or services (including construction) and the buyer to pay for them. It
includes all types of commitments that obligate the government to an expenditure of
appropriated funds and that, except as otherwise authorized, are in writing. In
addition to bilateral instruments, contracts include (but are not limited to): awards
and notices of awards, job orders or task orders issued under basic ordering
agreements, letter contracts, purchase orders, under which the contract becomes
effective by written acceptance or performance, and, bilateral contract modifications.
9. "Cost" means an amount as determined on cash, accrual, or other bases acceptable
to the Federal awarding or cognizant agency.
10. "Governmental unit" means the entire State, local, or federally-recognized Indian
tribal government, including any component thereof.
11. "Grantee department or agency" means the component of a State, local, or federally-
recognized Indian tribal government which is responsible for the performance or
administration of all or some part of a Federal award.
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12. "Indirect cost rate proposal" means the documentation prepared by a governmental
unit or component thereof to substantiate its request for the establishment of an
indirect cost rate as described in Attachment E of the OMB Circular A-87. Indirect
costs are those: (a) incurred for a common or joint purpose benefiting more than one
cost objective, and (b) not readily assignable to the cost objectives specifically
benefited, without effort disproportionate to the results achieved. The term "indirect
costs," as used herein, applies to costs of this type originating in the grantee
department, as well as those incurred by other departments in supplying goods,
services, and facilities. To facilitate equitable distribution of indirect expenses to the
cost objectives served, it may be necessary to establish a number of pools of indirect
costs within a governmental unit department or in other agencies providing services
to a governmental unit department. Indirect cost pools should be distributed to
benefited cost objectives on bases that will produce an equitable result in
consideration of relative benefits derived.
13. "Local government" means a county, municipality, city, town, township, local public
authority, school district, special district, intrastate district, council of governments
(whether or not incorporated as a non-profit corporation under state law), any other
regional or interstate government entity, or any agency or instrumentality of a local
government.
14. "Public assistance cost allocation plan" means a narrative description of the
procedures that will be used in identifying, measuring, and allocating all
administrative costs to all of the programs administered or supervised by State
public assistance agencies as described in Attachment D of this Circular.
15. "State" means any of the several States of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, any territory or possession of the
United States, or any agency or instrumentality of a State exclusive of local
governments.
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OBM Circular A-87
Attachment “C”, Forms
• Office of Equal Opportunity (OEO Forms) Click the link below to access all forms
referenced in Attachment C.
City of Cleveland OEO Forms
Schedule 1:
Schedule 2:
Schedule 3:
Schedule 4:
Project Contact Information Form
Schedule of Subcontractor Participation
Statement of Intent to Perform as a Subcontract
CSB/MBE/FBE Subcontractor Unavailability/
Impracticality Certification
• Federal Form W-9 including Taxpayer Identification Number;
• Non-Competitive Bid Contract Statement for 2019
• Northern Ireland Fair Labor Practices Affidavit
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Attachment “D,” Proposal Checklist Include this proposal checklist with your submission to ensure that you have completed all required portions of the proposal. Incomplete submissions may be disqualified.
PROPOSAL CHECKLIST
(Complete and Include with Proposal Submission)
Item Description Form Included? (Y/N)
Management Letter Vendor to provide
Vendor Background Information See Attachment F
Vendor Client Reference Form See attachment G
Fee Proposal Template See Attachment E
Vendor Experience Checklist See Attachment H
Schedule 1 Project Contact Information
Form See Attachment C – OEO Form
Schedule 2 Schedule of Subcontractor
Participation See Attachment C – OEO Form
Schedule 3 Statement of Intent to Perform as a Subcontractor See Attachment C – OEO Form
Schedule 4 CSB/MBE/FBE Subcontractor
Unavailability/Impracticality Certification See Attachment C – OEO Form
Northern Ireland Fair Employment
Practices Disclosure See Attachment C
Non-Competitive Bid Contract Statement for 2019 See Attachment C
W-9 Request for Federal Taxpayer
Identification See Attachment C
Completed Proposal Checklist Attachment D (This Form)
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Attachment “E” Fee Proposal
SUPPORT/SERVICE CATEGORY BILLING RATE (HR) COMMENTS
Project Manager
Network Security Auditor
Network Security Engineer
Cyber Security Engineer
System Security Engineer
Information Security Analyst
Data Security Analyst
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Other Resources Required
Attachment “F” – Vendor Background Information
Information Requested Vendor Response, Comments or Explanation
OVERVIEW
1 Vendor Name
2 Address
3 Telephone Number
4 Contact Person
5 E-Mail Address
6 Parent Company (If Applicable)
7 Address
8 Telephone Number
9 Provide information about any local branch offices or support centers that might serve an account in Cleveland, OH, including the number of employee and type of services provided
10 Provide the name of each principal
11 Provide the year the company was established and any former firm names
12 Provide the type of company (public or private)
13 Provide the financial statements and annual report for the past 3 years
Not required unless shortlisted
14 Provide the state and type of incorporation
15 Provide information on related services offered by the company
PERSONNEL
16 Provide the total number of FTEs in the company
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17 Provide average years of experience of professional staff
18 Estimated number of resources that would be dedicated to the City for the duration of the support contract
IT CONSULTING SERVICES SUPPORT HISTORY
19 Number of year experience the company has been in staffing support
20 Number of Public Sector/Municipal clients (specify clients)
21 Number of clients in the Greater Cleveland area (specify clients)
PENDING LITIGATION
22 Number of Pending Litigations that the company has had in the past five years. Please attach a separate document with the details of each situation (client name, date and description/cause)
23 Number of situations where the company has been subject to liquidated damages in the past five years. Please attach a separate document with the details of each situation (client name, imposed amount, imposed date, collected amount, date collected, description/cause)
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Attachment “G” – Vendor Client References (include references from three
proje