1-265X901106 Absence Management Implementation.pdf

Request For Proposals Absence Management Implementation

265X901106

ISSUE DATE: September 2, 2025

Due on or before 12:00 PM ET on September 24, 2025

BUYER OF RECORD: Jennifer Sherman COMMODITY CODE(S): 92000 – Data Processing, Computer, Programming, and Software

Services REQUESTING AGENCY: Department of Enterprise Technology Solutions ACCEPTANCE PLACE: https://cincinnati-oh.bonfirehub.com/

All proposals must be submitted electronically via the City’s Bonfire portal at the above link. Responses submitted by hard copy, mail, or e-mail will not be accepted.

See “RFP Submissions” for more details.

Office of Procurement Two Centennial Plaza

805 Central Avenue, Suite 234 Cincinnati, Ohio 45202-1947 https://cincinnati-oh.bonfirehub.com/

Table of Contents

I. REQUEST – Page 3

II. CONTENT AND FORM OF SUBMISSIONS – Page 10

III. REQUIRED & MISCELLANEOUS FORMS – Page 11

IV. CONTRACT TERMS AND CONDITIONS – Page 13

I. REQUEST

INTRODUCTION

The City of Cincinnati, Ohio, (hereinafter referred as “City”) is issuing this Request for Proposals (hereinafter "RFP") pursuant to the provisions of the Cincinnati Municipal Code (CMC), Chapter 321 and City Manager Administrative Regulation 23 for Professional Services, from parties, (hereinafter "Offerors). The Offeror shall provide professional services for the configuration and implementation of the Absence Management and Punch Time functionality in its existing workforce management platform.

GENERAL BACKGROUND AND INFORMATION

The City has a current workforce of approximately 6,000 employees across multiple departments including Fire, Police, Public Services, and Utilities. To support its workforce and streamline human resource processes, the City has procured licenses for the Absence Management module, a solution that automates the administration, tracking, and reporting of employee absences.

This system will allow the City to define and enforce absence policies, manage leave requests, and calculate various types of leave such as vacation, sick leave, and FMLA. The module is capable of handling complex policy rules and compliance requirements and integrates with the City’s existing payroll and time and labor systems.

Currently, absence tracking is handled using a mix of paper forms and spreadsheets, custom web applications, and access databases, which has led to inconsistencies across departments, inaccurate time and leave reporting, and inability to track real-time requests for time off. The City is now seeking qualified professional services to configure and implement the Absence Management module. This includes discovery, system configuration, testing, training, and post-implementation support.

The target go-live date is Q3 2026, and the selected Contractor will work closely with the City’s HR, Payroll, and IT teams to ensure a successful deployment.

SCOPE OF SERVICES/SPECIFICATIONS

The City is seeking a qualified Offeror to provide professional services for the configuration and implementation of the Absence Management and Punch Time functionality in its existing workforce management platform. The City currently owns licenses for the Absence Management module and is looking for an Offeror to deliver a fully configured, integrated, and compliant system aligned with City policies, union agreements, and Memoranda of Understanding (MOUs).

The primary objectives of this engagement are to ensure accurate tracking of employee leave and work hours, streamline leave request workflows, and support employee self-service functionality at physical time clocks.

1. Project Management

• Assign a dedicated project manager to serve as the primary liaison.

• Develop a comprehensive project plan with deliverables, milestones, and deadlines.

• Facilitate regular status updates and stakeholder coordination.

2. Gathering and Discovery Requirements

• Conduct discovery sessions with HR, Payroll, and departmental stakeholders.

• Review and document all relevant absence policies, union agreements, and MOUs.

• Identify and document configuration needs for timekeeping and leave tracking.

• Assess and document technical integration points with payroll and HR systems.

3. System Configuration

• Configure the Absence Management module to:

o Support all relevant leave types (e.g., sick, vacation, FMLA, etc.)

o Align accruals and eligibility with union contracts and MOUs o Enable automated leave calculations and approvals

• Configure punch time functionality to:

o Accurately record worked hours and paid time o Enable time entry and leave requests directly at time clocks o Support exception handling (e.g., missed punches)

• Implement timesheet approval workflows for supervisors/managers

4. Time Clock Integration

• Enable and configure time clock functionality to support employee self-service (e.g., leave requests at the clock)

• Include an optional quote and proposal for the purchase of compatible time clocks, including recommended models and pricing

• Ensure full integration between clocks and the time/attendance system

5. Testing and Validation

• Develop and execute test plans for all configured features, including:

o Accrual tracking o Time entry and approval o Leave request workflows

• Conduct User Acceptance Testing (UAT) with City stakeholders

• Document and resolve any defects or discrepancies

6. Training and Knowledge Transfer

• Provide technical training to City staff on key configuration items to support ongoing maintenance and troubleshooting

• Deliver end-user training for HR, managers, and employees, including guides or recordings as applicable

• Tailor training content to City’s roles and systems

7. Go-Live and Support

• Provide go-live readiness assessment and cutover support

• Deliver real-time assistance during the initial rollout period (hypercare)

• Offer post-go-live support and stabilization assistance (e.g., 30–60 days)

8. Final Deliverables The Offeror shall deliver a fully functional and integrated system that:

• Tracks leave accruals accurately and in compliance with City policies and labor agreements

• Calculates payable time based on time worked and approved leave

• Enables supervisors to review and approve time directly from employee timesheets

• Allows employees to request time off directly from physical time clocks (if implemented)

Data Security and Privacy The selected Offeror shall adhere to high standards of data protection and system security to safeguard sensitive employee information.

Minimum requirements include:

• Encryption of data in transit and at rest

• Role-based access controls (RBAC)

• Audit logging of user/system activity

• Compliance with applicable data privacy policies and regulations

• Secure system integration with the City’s existing payroll/HR platforms

• Secure storage of data in U.S.-based data centers (or as otherwise required by City policy)

The Offeror shall provide a description of their data security protocols and any third-party certifications (e.g., SOC 2 Type II, ISO 27001).

Offeror Qualifications Proposing Offerors must demonstrate the following:

• A minimum of 3–5 years of experience configuring Absence Management and time tracking systems in a municipal or public sector environment

• Experience implementing solutions in accordance with collective bargaining agreements and public-sector HR policy

• Proven experience integrating with payroll and timekeeping systems (please specify which platforms)

• References from at least three (3) public sector or municipal clients with similar scope and scale

• Availability of certified or experienced consultants to lead configuration, training, and support

Service Level Expectations The City expects a high level of responsiveness, collaboration, and accountability throughout the engagement.

At a minimum, the awarded Contractor must:

• Respond to all City communications within one (1) business day during active implementation

• Maintain a ticketing system or project portal for tracking issues and status updates

• Meet all agreed-upon deadlines and deliverables unless changes are approved in writing

• Provide a dedicated contact or escalation path for issue resolution

• Deliver documentation and training materials as outlined

If proposing ongoing support services, the Offeror should describe:

• Support hours and coverage (e.g., 8x5, 24x7)

• Response and resolution time commitments (SLAs)

• Support tiers and escalation procedures

TERM

The term of this Agreement shall commence on the effective date of the Agreement. Delivery of equipment and associated services shall be completed within the proposed timeline.

EVALUATION CRITERIA

• Experience & Expertise: 25% - Demonstrated qualifications of the Offeror and proposed project team, including relevant experience implementing absence management and time tracking solutions of similar size and complexity. Emphasis will be placed on the Offeror’s depth of knowledge, certifications, and successful project outcomes.

• Technical Approach & Methodology: 20% - Clarity, completeness, and feasibility of the proposed implementation plan. This includes the Offeror’s understanding of the City’s requirements, proposed configuration strategy, system integration approach, testing plan, and training/support methodology.

• Implementation Timeline: 20% - Realism and alignment of the proposed project schedule with the City’s target go-live date. Evaluation will consider the Offeror’s ability to meet key milestones, manage resources efficiently, and minimize disruptions to City operations.

• Cost & Budget: 15% - Overall cost-effectiveness of the proposal, including transparency of pricing and alignment with the City’s budget. Evaluators will consider the value offered in relation to scope, quality, and long-term sustainability.

• Experience Working with Local Government: 10% - Prior experience working with municipal or other public sector entities, particularly those operating under collective bargaining agreements. Proposals should demonstrate familiarity with public-sector HR, payroll, and IT environments.

• Economic Inclusion: 10% - Commitment to supplier diversity, local business participation, and/or subcontracting with minority-, women-, or veteran-owned businesses. Offerors should detail their approach to inclusive hiring, contracting, or community benefit strategies.

TIMETABLE

Milestones for the process are: Date

1. Release of RFP 09/02/2025

2. Deadline for written questions 09/09/2025

3. Submissions Due in Bonfire 09/24/2025

LATE SUBMISSIONS WILL NOT BE ACCEPTED

4. City initiates negotiations with preferred Offeror (approx.) TBD

QUESTIONS CONCERNING THE RFP

All questions or requests for clarification must be submitted in writing no later than September 9, 2025, at 12:00 PM ET. Questions and clarification requests may be emailed to the buyer of record indicated on the cover page of this RFP, or submitted through the Bonfire portal at https://cincinnati-oh.bonfirehub.com/. If emailing, please reference “265X901106, Absence Management Implementation” in the subject field of the message. Questions received after the designated period may not be considered. Any response made by the City will be provided in writing via Addendum.

Offerors are strictly prohibited from contacting any other City employees or any third-party representatives of the City on any matter having to do with this RFP. All communications regarding this RFP must be made to the City’s contact person, or any other City representatives designated by the Chief Procurement Officer in writing.

https://cincinnati-oh.bonfirehub.com/

PREVENTING UNFAIR COMPETITIVE ADVANTAGES

Fairness and transparency in the procurement process require that Offerors competing for a specific project do not derive a competitive advantage from having provided services related to the project/contract/work assignment in question. To that end, pursuant to Administrative Regulation No. 62 and the City’s RFP Manual, a firm, and each of its affiliates, hired to provide services for the preparation or implementation of a project shall be disqualified from any subsequent procurement solicitation to provide goods, works, or services resulting from or directly related to the firm’s services for such preparation or implementation, unless an exception is made by the City Manager in writing.

RFP SUBMISSIONS

The Offeror shall develop a written response to this RFP structured to comply with Section II of this RFP.

While each submission will be considered objectively, the city assumes no obligation to accept to take action on any submission. The City assumes no liability for any costs incurred in preparing or submitting any submission.

Responses to this RFP must be submitted through the City’s Bonfire portal at https://cincinnati-oh.bonfirehub.com/. Responses submitted by hard copy, mail, or e-mail will not be accepted.

Important notes:

• Logging in and/or uploading your file(s) does not mean your response is submitted. Offerors must successfully upload all file(s) and must click the submit button before closing time.

• You will receive an email confirmation receipt with a unique confirmation number once you finalize your submission. This will confirm that you have successfully submitted your response.

• If a requested file is mandatory, you will not be able to complete your submission until the requirement is met.

• Uploading large documents may take time, depending on the size of the file(s) and your internet connection speed.

• Please note the type (.doc, .pdf, etc.) and number of files (one only or multiple) allowed. The maximum file size for upload is 1,000 MB. Please do not embed any documents within your uploaded files as they will not be accessible or evaluated.

For technical questions or issues related to your submission, please contact Bonfire directly at support@gobonfire.com or 1 (800) 354-8010, ext. 2. The support team is available Monday-Friday, 8:00 a.m. – 8:00 p.m. ET. You can also visit their help forum at https://bonfirehub.zendesk.com/hc.

Submissions can be withdrawn at any time until the deadline date, at which time submissions will be considered firm and become the property of the City and will not be returned. Offeror must login to Bonfire to withdraw their submission through the system. If resubmitting, Offeror is responsible for submitting prior to the closing time and receiving a new email confirmation receipt. By responding to this RFP, Offerors waive any challenge to the City’s decisions.

PUBLIC RECORDS REQUIREMENTS

By submitting this response, Offeror acknowledges that the City is governed by the Ohio Public Records Laws.

Notwithstanding any statement to the contrary, the City’s handling of any confidentiality obligations is subject to the limitations of this paragraph. Offeror’s submission may be subject to disclosure under the Ohio Public Records Laws. The City shall have no duty to defend the rights of Offeror or any of its agents or affiliates in any records requested to be disclosed. Confidential proprietary material must be clearly identified by the Offeror as "trade secret" and easily separable from the rest of the submission. The Offeror recognizes and agrees that the City is not responsible or liable in any way for any losses that the Offeror may suffer from the disclosure of information or materials to third parties.

https://cincinnati-oh.bonfirehub.com/ https://cincinnati-oh.bonfirehub.com/ mailto:support@gobonfire.com https://bonfirehub.zendesk.com/hc

Upon receipt of a public records request for which any document clearly marked by Offeror as “Trade Secret” is responsive, the City will notify Offeror of its intent to release records to the requestor. Offeror shall have a maximum of five (5) business days beginning with the date it receives notification to respond to the City by either accommodating the requestor or pursuing legal remedies to stop the City’s release of requested information.

Said notification shall relieve the City of any further obligation under any claim of Offeror or any of its agents or affiliates in any jurisdiction in connection with the disclosure of such records. Offeror and its agents and affiliates shall have the right to pursue legal and/or equitable remedies to stop or limit disclosure at their sole expense.

SELECTION PROCESS

Selection of a preferred Offeror(s) and subsequent award(s) of contract(s) will comply with City Administrative Regulation No. 23 and the Cincinnati Municipal Code (CMC). The City will award a contract(s) to the successful Offeror(s) considering the total requirements for this procurement and what is “Most Advantageous to the City” in accordance with CMC Chapter 321.

The City’s Selection Committee will review and evaluate all properly submitted proposals that are received on or before the deadline. The Selection Committee will submit its finding to the Chief Procurement Officer as to which proposal(s) is/are “Most Advantageous” to the City taking into consideration price and evaluation factors set forth below. The Chief Procurement Officer will review the Selection Committee’s findings and will then submit a recommendation to the City Manager who will make the award for the City pursuant to CMC Section 321-65.

The City reserves the right to ask for additional information and clarification from or about any or all of the Offerors. The City may require selected Offerors to make an oral presentation of their submission.

PROCESS FOR ENTERING INTO AGREEMENT

The Offeror(s) whose submission(s) is/are found to be the "Most Advantageous" to the City of Cincinnati will be offered the opportunity to negotiate with the intent to enter into an Agreement with the City. The scope, terms and conditions of that Agreement shall be in substantial conformance with the terms, conditions and specifications described in this RFP and with the proposal that is submitted by the Offeror(s) whose submission(s) is/are found to be the "Most Advantageous" to the City.

Offerors should be prepared to begin contract negotiations upon submitting. If the Offeror is not able to begin contract negotiations, the City may disqualify that Offeror.

The City reserves the right to negotiate the Agreement to include any portion or portions of the services described in this RFP. The City reserves the right to reject any and all responses in total or by components.

The City reserves the right to make one total award, one award for each section, multiple awards, or a combination of awards, and to exercise its judgment concerning the selection of one or more submissions, the terms of any resultant agreement(s), and the determination of which, if any, submission(s) is/are Most Advantageous to the City, as a result of this RFP process.

ADDITIONAL INFORMATION

The City reserves the right to check all references furnished and consider responses received in determining the award.

The City reserves the right to perform investigations as may be deemed necessary by the City to assure that competent persons will be and are utilized in the performance of the Agreement and to verify the accuracy of the contents of proposals.

The City publishes information on the City of Cincinnati Internet web site at www.cincinnati-oh.gov, which includes the Cincinnati Municipal Code.

http://www.cincinnati-oh.gov/

CONTRACTOR REGISTRATION

The Offeror awarded the contract shall be a registrant under Vendor Self Service (VSS) at time of award. Go to https://vss.cincinnati-oh.gov/vssprod/Advantage4 to register.

EQUAL EMPLOYMENT OPPORTUNITY

The Contractor shall be subject to the provisions of the City of Cincinnati Municipal Code Chapter 325, regarding Equal Employment Opportunity (EEO). The EEO Program requires the Contractor awarded the contract to complete and submit a DEI 147 form. The DEI 147 form is designed to provide an evaluation of the Contractor’s policies and practices relating to the extension of equal employment opportunity to all persons without regard to race, religion, color, sex, sexual orientation, gender identification, national or ethnic origin, age, handicap, or Vietnam military service.

Failure to comply with the City’s request for submission of the DEI 147 form within ten (10) days of the date of the request will be sufficient cause to reject the proposal due to the Contractor being nonresponsive.

AMERICANS WITH DISABILITIES ACT

The City of Cincinnati is committed to supporting the Americans with Disabilities Act. Please contact the City’s Office of Aging and Accessibility if you require any special accommodation.

OFFEROR’S COVENANT OF NON-DISCRIMINATION

Pursuant to the City of Cincinnati’s policy of non-discrimination, specifically in its purchasing and contracting practices and as a condition of contract award, we covenant, represent and warrant that:

• We will not discriminate against small business enterprises on the basis of race, ethnicity, gender or disability in the process of contracting, subcontracting and purchasing;

• We will use good faith efforts to promote opportunities for small business enterprises to participate in and compete for opportunities to the extent of their availability and capacity;

• We will submit to ongoing monitoring by and submittal of reports to the City’s Department of Economic Inclusion;

• We will submit to investigations and/or audits by the Department of Economic Inclusion in connection with routine monitoring or as a result of specific allegations of discrimination.

TAXPAYER IN GOOD STANDING

Vendors awarded a contract should be a Taxpayer in Good Standing with the City of Cincinnati. To verify your firm’s standing and receive a verification letter, contact the city’s Income Tax Division. The Taxpayer in Good Standing Request form can be found at https://docs.cincinnati-oh.gov/form/coc/TaxpayerGoodStanding. Please allow three (3) business days for processing after receipt of your request.

https://vss.cincinnati-oh.gov/vssprod/Advantage4 https://docs.cincinnati-oh.gov/form/coc/TaxpayerGoodStanding

II. CONTENT AND FORM OF SUBMISSIONS

All proposals must be complete, organized, and submitted in accordance with the structure outlined below.

Proposals that do not follow this format or omit required information may be deemed non-responsive.

Offerors shall submit one (1) digital copy (PDF format) of their proposal by the submission deadline. Proposals must be organized using the following sections and clearly labeled:

1. Cover Letter

A brief cover letter introducing the vendor, expressing interest in the engagement, and confirming the vendor’s understanding of the scope of services.

Signed by an authorized representative with the authority to bind the vendor contractually.

2. Executive Summary

Summary of the proposed solution and how it meets the City’s goals.

Overview of the vendor’s key differentiators and value proposition.

3. Experience & Expertise (25%) Company profile, including years in business and areas of specialization.

Summary of experience implementing absence management and punch time systems.

Bios/resumes of key project staff, including their roles, certifications, and relevant experience.

List of at least three (3) relevant public sector or municipal references, including contact information, project scope, and outcomes.

4. Technical Approach & Methodology (20%)

Detailed narrative describing the proposed approach to:

Requirements gathering System configuration Integration with payroll/HR systems Time clock setup and self-service enablement Testing and validation Training and knowledge transfer Go-live and post-implementation support

Description of tools and methodologies used in implementation.

5. Implementation Timeline (20%)

Proposed project schedule with phases, key milestones, and estimated completion dates.

Identification of critical path items and dependencies.

Description of resource availability and staffing plan to meet the City's target go-live date.

6. Cost & Budget (15%) A complete cost proposal, including:

Professional services (e.g., discovery, configuration, testing, training) Optional hardware (e.g., time clocks), if applicable Travel or incidental expenses (if any)

Ongoing support and maintenance costs All costs must be clearly itemized and presented in a format suitable for evaluation and contract award.

7. Experience Working with Local Government (10%) Examples of work with municipal or other public-sector clients.

Understanding of the unique operational and compliance considerations of local government.

Description of experience working with collective bargaining agreements and public HR/payroll systems.

8. Economic Inclusion (10%) Description of the vendor’s commitment to economic inclusion, including:

Use of minority-, women-, or veteran-owned businesses (MWBE/VOB) as subcontractors Local business partnerships or hiring practices Certification or participation in any supplier diversity programs

9. Data Security and Compliance Description of data protection protocols, including:

Encryption, access controls, and audit logging Compliance with applicable data privacy regulations Hosting/data residency requirements List of third-party certifications (e.g., SOC 2 Type II, ISO 27001)

10. Exceptions – Offeror must include a statement indicating compliance with the Terms and Conditions presented in all sections of this RFP or any exceptions.

SECTION III – REQUIRED FORMS

Failure to submit all required forms may result in your submission being deemed non-responsive and not scored.

• ATTACHMENT 1 – Offeror Corporate and Contact Information o REQUIRED WITH SUBMISSION

• ATTACHMENT 2 – Affidavit of Accuracy and Signature Page o REQUIRED WITH SUBMISSION

• ATTACHMENT 3 – Subcontracting Outreach Program o Informational Use Only o The “No Goals Inclusion Packet” which includes the applicable forms to be completed and included with the proposal is available at the following webpage: https://www.cincinnati-oh.gov/sites/inclusion/assets/File/No%20Goals%20Pkt.pdf o When on the aforementioned webpage, please click on the weblink called “No Goals Inclusion Packet” to download and access the appropriate forms.

• ATTACHMENT 4 – Equal Employment Opportunity (EEO) Form (DEI147) o Informational Use Only.

o Will be required post award.

o A copy of the form is available at the following webpage:

https://www.cincinnati-oh.gov/sites/inclusion/assets/DEI-147-EEO-Form.pdf https://www.cincinnati-oh.gov/sites/inclusion/assets/File/No%20Goals%20Pkt.pdf https://www.cincinnati-oh.gov/sites/inclusion/assets/File/No%20Goals%20Pkt.pdf https://www.cincinnati-oh.gov/sites/inclusion/assets/DEI-147-EEO-Form.pdf

SECTION IV TO RFP 265X901106

CONTRACT TERMS AND CONDITIONS

SCOPE OF SERVICES

Contractor shall, in a satisfactory and proper manner as determined by the City Manager of the City, perform all the necessary services under this Agreement in connection with the purpose of the project as outlined by the <Department Name> in its Request for Proposals. Contractor shall perform the services as outlined in Exhibit A attached hereto and made a part hereof. Contractor warrants that the Services shall be performed in a good, timely, and professional manner by qualified staff and in accordance with generally accepted professional practices. The Contractor further warrants that the design and recommended solution are workable and capable of meeting the objective and purpose of the project as described in this Agreement.

METHOD OF PAYMENT

A. Method of Payment. Any payments from the City specified in this Agreement, including any periodic installment payments, will be contingent upon performance of contractual obligations to date and the submission by Contractor of an original, detailed invoice on company letterhead specifying that the required services have been performed, accompanied by receipts, invoices, reports, statements, or any other supporting information as required by the City to document entitlement to payment. Failure to satisfactorily meet any one of the Agreement obligations by Contractor may result in the City not approving periodic payments to Contractor and/or filing liens as may be necessary against Contractor's assets or future assets until Contractor satisfactorily fulfills its obligations under the Agreement or satisfactorily reimburses the City for any prior payments.

B. Prompt Payment System. This Agreement is subject to, and Contractor shall comply with, the provisions of Chapter 319 of the Cincinnati Municipal Code that provide for a Prompt Payment System.

SUBCONTRACTS, SUCCESSORS, AND ASSIGNS

A. Subcontracts. Contractor agrees that none of the work or services covered by this Agreement, except as otherwise expressly authorized herein, shall be subcontracted without the prior written approval of the City. Forms to request approval for the use of subcontractors are available for download at:

https://www.cincinnati-oh.gov/inclusion/forms/subcontractor-utilization-forms-for-post-award-use/ and must be submitted and approved before subcontractors are authorized to begin work. The City has no obligation to pay Contractor for any work or services performed by a subcontractor prior to the City’s written approval of that subcontractor. In the event Contractor employs a subcontractor without first securing the required approval of the subcontractor by the City, the City shall have the right to stop payment to Contractor or to withhold any monies due Contractor until the subcontractor is approved. Any work or services subcontracted hereunder shall be specified by written contract or agreement and shall be subject to each provision of this Agreement.

B. Use of Debarred Subcontractors Prohibited. The City maintains a list of Vendors Debarred from

Contracting or Subcontracting with the City, which may be accessed at: http://www.cincinnati-oh.gov/purchasing or may be furnished in other form upon request. The City will not contract with any firm or person on the list. It is Contractor’s responsibility to verify that each subcontractor it proposes to https://www.cincinnati-oh.gov/inclusion/forms/subcontractor-utilization-forms-for-post-award-use/ http://www.cincinnati-oh.gov/purchasing http://www.cincinnati-oh.gov/purchasing use is an eligible firm or person. The City will not approve a subcontractor whose name appears on the list. The City shall neither accept nor be liable for any increase in costs, or other expenses, delay, loss, or subsequent ineligibility to contract with the City incurred by a contractor as a result of the City rejecting any proposed person, firm, partner, principal, affiliate, subcontractor or supplier that is debarred or suspended after the submission of a bid, proposal, or other communication leading to a contract, but before the approval or award of the contract.

C. Assignment. Contractor shall not assign or transfer Contractor's interest in this Agreement without the prior written consent of the City.

COMPLIANCE WITH LAWS, REGULATIONS, AND PROGRAMS

A. Generally. Contractor, in the performance of services under this Agreement, shall comply with all applicable statutes, ordinances, regulations, and rules of the federal government, the State of Ohio, the County of Hamilton, and the City of Cincinnati, including COVID-19 policies currently in effect and as amended from time-to-time during the initial term and any renewal terms of this Agreement.

B. Equal Employment Opportunity Program. This Agreement is subject to, and Contractor shall comply with, the City’s Equal Employment Opportunity Program contained in Chapter 325 of the Cincinnati Municipal Code. Said chapter is hereby incorporated by reference into this Agreement.

C. Small Business Enterprise and Local Business Enterprise Programs.

1. This Agreement is subject to, and Contractor shall comply with, the provisions of the Small Business Enterprise and Local Business Enterprise Programs contained in Chapter 323 of the Cincinnati Municipal Code. Section 323-99 of the Cincinnati Municipal Code is hereby incorporated into this Agreement.

2. Details concerning this program can be obtained from the Department of Economic Inclusion, Two Centennial Plaza, 805 Central Avenue, Suite 610, Cincinnati, Ohio 45202, (513) 352-3144.

3. The City has an aspirational goal that 30% of its total dollars spent for construction and 15% of its total dollars spent for supplies/services and professional services be spent with Small Business Enterprises (SBEs), which include SBEs owned by minorities and women. If Contractor is authorized by the City to subcontract any work under this Agreement, Contractor will utilize its best efforts to meet those goals by subcontracting with SBEs certified by the City who will be performing a commercially useful function under this Agreement.

4. A list of certified firms may be obtained from searching the City’s Certified Directory, a link to which is included on the Department of Economic Inclusion’s webpage (https://www.cincinnati-oh.gov/inclusion/). Contractor may refer firms interested in consideration for certification eligibility to the on-line application at:

(https://cincinnati.diversitycompliance.com/FrontEnd/StartCertification.asp?TN=cincinnati&XID =7672).

5. Contractor shall utilize best efforts, as defined in the Rules and Regulations adopted under Chapter 323, to recruit and maximize the participation of all qualified segments of the business community in supplies and subcontracting work, including the utilization of small, small local, emerging local, minority, and women business enterprises.

6. If Contractor hires or engages another party who then subcontracts work under this Agreement, Contractor agrees to include in its contract with such party a requirement that said party take the affirmative steps required by the Rules and Regulations adopted under Chapter 323 when advertising and awarding such subcontracts.

https://cincinnati.diversitycompliance.com/FrontEnd/StartCertification.asp?TN=cincinnati&XID=7672 https://cincinnati.diversitycompliance.com/FrontEnd/StartCertification.asp?TN=cincinnati&XID=7672

D. Subcontracting Reporting

1. Prior to commencement of work or services under this Agreement, Contractor shall provide to the

City, through the Department of Economic Inclusion, a subcontractor approval request (Form 2004) or professional services subcontractor approval form, as determined by the Department of Economic Inclusion, for each subcontractor Contractor proposes to utilize, providing information as to owners, dollar value of the contract or subcontract, and other information that may be deemed necessary by the City Manager. The form can be obtained from the Department of Economic Inclusion website at https://www.cincinnati-oh.gov/inclusion/forms/subcontractor-utilization-forms-for-post-award-use/.

2. If Contractor subcontracts any work under this Agreement as provided herein, Contractor shall report, not later than the 15th of each month, all payments made to subcontractors during the immediately preceding month through the City’s online reporting site, generally referred to as VCCS, or any successor site or system the City uses for this purpose. Prior to utilizing any subcontractors, Contractor shall contact the Department of Economic Inclusion to obtain instructions, the proper internet link, login information, and password to access the site and set up the necessary reports.

3. Contractor periodically must document its best efforts and affirmative steps to meet the contract participation goals set forth in this Agreement, by providing notarized affidavits executed in a form acceptable to the City, submitted upon the written request of the City. The City may review records and documentation relevant to the affidavits. If affidavits are found to contain false statements, the City may prosecute Contractor pursuant to Section 2921.12 of the Ohio Revised Code.

4. If Contractor does not purchase supplies or enter into subcontracts for the performance of services or construction of improvements under the contract, the subcontracting reporting requirements of this section do not apply.

E. Use of Nonfranchised Commercial Waste Haulers Prohibited. The City requires that persons providing commercial waste collection services (as that term is defined under Cincinnati Municipal Code Chapter 730) within the City obtain a franchise, and the City maintains a list of franchised commercial waste haulers. If the services provided by Contractor include construction or demolition or the services are related to waste collection, Contractor is prohibited from using or hiring a nonfranchised commercial waste hauler to provide commercial waste collection services in connection with the performance of this Agreement, and Contractor is responsible for ensuring that any commercial waste collection services provided in connection with the performance of this Agreement are provided by a franchised commercial waste hauler. Questions related to the use of commercial waste franchisees can be directed to, and a list of current franchisees can be obtained from, the City’s Office of Environment & Sustainability by calling (513) 352-3200.

F. Living Wage Provisions.

1. This Agreement may subject to, and in such case Contractor shall comply with, the Living Wage provisions found in Chapter 317 of the Cincinnati Municipal Code. The provisions require that, unless specific exemptions apply or a waiver is granted, all employers (as defined) under service contracts with the City shall pay a minimum wage to employees (as defined) of $19.84 per hour for full-time employees (as defined), $15.49 per hour for part-time employees (as defined) provided with health benefits (as defined) by their employer, or $17.49 per hour for part-time (as defined) who are not provided health insurance (as defined) by their employer. Such rate shall be adjusted annually pursuant to the terms of the Municipal Code.

2. The requirements of this provision apply to Contractor as well as any subcontractors performing services under this Agreement. Language indicating the subcontractors’ agreement to comply with this provision shall be included in the contracts between Contractor and its subcontractors. A copy of such subcontracts or other such agreements shall be submitted to the City.

3. Under the Living Wage provisions, the City shall have the authority, under appropriate circumstances, https://www.cincinnati-oh.gov/inclusion/forms/subcontractor-utilization-forms-for-post-award-use/ to terminate this Agreement and to seek other remedies.

G. Wage Enforcement.

1. If Contractor is providing services valued in excess of $25,000 and related to construction or real estate development, this Agreement is subject to the Wage Enforcement provisions of the Cincinnati Municipal Code. These provisions require that any person who has an agreement (as defined in section 326-2-A2 of the Cincinnati Municipal Code) with the City or with a contractor or subcontractor of a person who has an agreement with the City shall report all complaints or adverse determinations of Wage Theft and Payroll Fraud (as defined in Chapter 326 of the Cincinnati Municipal Code) against the person, contractor, or subcontractors to the Department of Economic Inclusion within 30 days of notification of the complaint or adverse determination.

2. Contractor is required to include provisions in solicitations and contracts regarding a development site that all employers, contractors or subcontractors performing or proposing to perform work on a development site provide an initial sworn and notarized “Affidavit Regarding Wage Theft and Payroll Fraud” on a form prescribed by the City Manager or the City Manager’s designee and, within 30 days of an adverse determination or complaint of wage theft or payroll fraud, shall provide an “Amended Affidavit Regarding Wage Theft and Payroll Fraud” on a form prescribed by the City Manager or the City Manager’s designee.

3. Contractor is required to authorize, and does hereby specifically authorize, any local, state or federal agency, court, administrative body, or other entity investigating a complaint of Wage Theft or Payroll Fraud against the person (collectively “investigative bodies”) to release to the City’s Department of Economic Inclusion any and all evidence, findings, complaints, and determinations associated with the allegations of Wage Theft or Payroll Fraud upon the request of the City and further authorizes such investigative bodies to keep the City advised regarding the status of the investigation and ultimate determination. If the investigative bodies require the person, contractor, or subcontractor to provide additional authorization on a prescribed form or in another manner, the person, contractor, or subcontractor shall be required to provide such additional authorization within 14 days of a request by the City.

4. Contractor shall include in its contracts with all subcontractors language that requires the subcontractors to provide the authorizations set forth in section 5.G.3. above and further requires each subcontractor to include in its contracts with other subcontractors those same obligations for each subcontractor and each lower tier subcontractor.

5. Contractor shall post a conspicuous notice on the development site throughout the entire period work is being performed pursuant to this Agreement indicating that the work being performed is subject to Cincinnati Municipal Code Chapter 326, Wage Enforcement, as administered by the City of Cincinnati Department of Economic Inclusion. Such notice shall include contact information for the Department of Economic Inclusion as provided by the department.

6. Under the Wage Enforcement provisions of Chapter 326, the City shall have the authority, under appropriate circumstances, to terminate this Agreement and to seek other remedies.

H. OhioMeansJobs Cincinnati-Hamilton County (fka SuperJobs Center) Employment Postings Per Ordinance No. 238-2010. If this Agreement includes the provision of construction services, this Agreement is subject to the OhioMeansJobs Cincinnati-Hamilton County (fka SuperJobs Center) Employment Postings requirement established in Ordinance 238-2010 as follows: To the extent allowable by law, Contractor shall use its best effort to post available employment opportunities within Contractor’s organization or the organization of any subcontractor working with Contractor with the OhioMeansJobs Cincinnati-Hamilton County, 1916 Central Parkway, Cincinnati, Ohio 45202, through its Business Services Unit Manager at (513) 946-7200.]

CERTIFICATION AS TO NON-DEBARMENT

Contractor certifies that neither Contractor nor Contractor’s principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in the transaction covered by this Agreement. Contractor acknowledges and agrees that Contractor or Contractor’s principals is/are presently debarred then Contractor shall not be entitled to compensation under this Agreement and that Contractor promptly shall return to the City any funds received pursuant to this Agreement. In such event, any materials received by the City pursuant to this Agreement shall be retained as liquidated damages.

CONTRACTOR'S INSURANCE AND INDEMNIFICATION

A. Workers’ Compensation. Contractor shall secure and maintain such insurance as will protect Contractor from claims under the Workers’ Compensation Laws.

B. General Liability Insurance. Contractor shall secure and maintain such general liability insurance as will protect Contractor from claims for bodily injury, death, or property damage which may arise from the performance of Contractor's services under this Agreement, with a combined single limit for bodily injury and property damage liability of a minimum of $1,000,000.00 per occurrence and $2,000,000.00 in the aggregate. The City shall be named as an additional insured and the policy shall contain a waiver of subrogation in favor of the City.

C. Professional Liability/Errors and Omissions Insurance. Contractor shall secure and maintain during the entire Agreement period professional liability or errors and omissions insurance, as applicable, with a combined single limit of a minimum of $1,000,000.00 per occurrence and $3,000,000.00 in the aggregate with a maximum deductible not to exceed $25,000.00 for each occurrence. If Contractor's policy is a claims-made rather than an occurrence policy, Contractor shall ensure the policy includes coverage for Services rendered under this Agreement retroactive to the Effective Date of this Agreement, and Contractor shall maintain such coverage in full force and effect for a period of four years following the expiration or termination of this Agreement. The City shall be named as an additional insured and the policy shall contain a waiver of subrogation in favor of the City.

D. Automobile and Umbrella Insurance. Contractor shall secure and maintain during the entire Agreement period such automobile liability insurance as will protect Contractor from claims for bodily injury, death, or property damage which may arise from the operation of a motor vehicle in the performance of Contractor's services under this Agreement. The policy shall include individual coverage for bodily injury or death in an amount not less than $100,000.00 per person and $300,000.00 per accident and property damage liability of a minimum of $100,000.00 per occurrence. In addition, Contractor shall secure and maintain during the entire Agreement period an umbrella liability insurance policy with a minimum of $1,000,000.00 of coverage. The City shall be named as an additional insured on both policies, and each policy shall contain a waiver of subrogation in favor of the City.

E. Proof of Coverage. Contractor shall furnish the City with Certificates of Insurance or other verification satisfactory to the City certifying that the insurance policies and amounts required by this Agreement are in effect as required. Such certificates shall include a notice of cancellation clause that requires notification of cancellation to be sent to the City.

F. Notice of Cancellation. Contractor shall notify the City in writing at least 90 days prior to Contractor’s cancellation of any insurance policy. Contractor shall notify the City in writing within five days of notice from the insurer of insurer’s intent to cancel or not renew any policy required under this Agreement.

G. Indemnification of the City. Contractor shall indemnify, defend, and save the City and its officers, agents, and employees harmless from and against any and all losses, damages, settlements, costs, charges, professional fees, or other expenses or liabilities of every kind and character arising out of or relating to any and all claims, liens, demands, obligations, actions, proceedings, or causes of action of every kind and character in connection with or arising directly or indirectly out of errors or omissions or negligent acts by Contractor including by Contractor’s employees and agents in the performance of this Agreement.

TERMINATION; NON-PERFORMANCE

A. Termination by the City The City may terminate this Agreement at any time for any reason upon seven days’ written notice to Contractor. In the event of termination of this Agreement, Contractor shall be paid Contractor’s compensation for services satisfactorily completed up to the termination date as determined in accordance with Exhibit B attached hereto.

B. Termination for Non-Performance

1. If through any cause, Contractor shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if Contractor shall violate any of the covenants or agreements of this Agreement, all finished or unfinished documents, data, studies, reports, and/or information prepared by Contractor under this Agreement shall, at the option of the City, become the City’s property.

2. In the event of termination due to the fault of Contractor, Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Agreement by Contractor, and the City may withhold any payments otherwise due but not yet paid to Contractor for the purpose of set-off until such time as the exact amount of damages due the City from Contractor is determined.

The City reserves the right to use any other legal or financial remedies to recover all or part of the City’s prior payments to Contractor if the damages sustained by City as a result of Contractor’s default are greater than may be satisfied through setoff. The City also reserves the right in the event of non-performance of this Agreement to prohibit or limit any future contractual relationships with Contractor, either directly or indirectly.

C. Alternatives to Termination. In the event Contractor fails to fulfill the terms and conditions of this

Agreement in a timely and diligent manner, the City reserves the right, at its sole option, as an alternative to termination of the Agreement, to reduce the services required herein of Contractor and to reduce the projected budget in a manner which reflects such a reduction, by giving notice of such in writing, stating the date such reduction will become effective.

D. Termination Under Cincinnati Municipal Code Section 301-3. Contractor specifically acknowledges that Section 301-3 of the Cincinnati Municipal Code requires the City to annually review the performance of the financial institutions holding City funds in connection with their compliance with the Community Reinvestment goals of the City. If Contractor is a financial institution, the failure of Contractor to be recommended for continued deposit of City funds by the Committee on Reinvestment will be cause for termination of this Agreement.

OWNERSHIP OF PROPERTY

Contractor agrees that at the expiration or in the event of any termination of this Agreement that any memoranda, maps, drawings, working papers, reports, data, and other similar records or documents created, collected, or produced in connection with this Agreement shall become the property of the City, and Contractor shall promptly deliver such items to the City.