3-RFP265X901130 Federal Lobbying Services.pdf

Request For Proposals

Federal Lobbying Services

RFP 265X901130

ISSUE DATE: December 1, 2025

Due on or before 3:00 PM ET on December 19, 2025

BUYER OF RECORD: Margaret Allen-Elkanick; Margaret.Elkanick@cincinnati-oh.gov

COMMODITY CODE(S): 96100: Miscellaneous Professional Services

REQUESTING AGENCY: City Manager’s Office: Office of Grant Administration and Government Affairs

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 mailto:Margaret.Elkanick@cincinnati-oh.gov https://cincinnati-oh.bonfirehub.com/

Table of Contents

I. REQUEST – Page # 3-8

II. CONTENT AND FORM OF SUBMISSIONS – Page # 9-10

III. REQUIRED & MISCELLANEOUS FORMS – Page # 11

IV. CONTRACT TERMS AND CONDITIONS – Page # 12-20

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 federal lobbying services with an emphasis on producing measurable results in achieving federal funding and/or legislative and executive action favorable to the City. The City seeks a well-informed lobbyist, capable of providing timely and frequent information to the City on these and other City priorities, as well as other issues and decisions at the federal level that may affect the City. In addition, the successful Offeror will demonstrate the ability to regularly and proactively inform the City of issues and activities at the state level that may affect the City.

GENERAL BACKGROUND AND INFORMATION

The City of Cincinnati requires comprehensive lobbyist services to assist and represent the City’s interests pursuing federal government objectives. The emphasis of services to be provided will include producing measurable results in achieving federal funding awards and developing/executing strategies that secure legislative and executive action favorable to the City. The City seeks a single well-informed lobbyist or team of lobbyists, capable of providing timely and frequent information to the City on these and other City priorities, as well as other issues and decisions at the federal level that may affect the City. The successful Offeror(s) must be able to demonstrate a working knowledge of existing and newly authorized federal funding opportunities and decision-making processes in funding awards. The successful Offeror(s) will have a strong background in issues of importance to the City and will be able to demonstrate uniquely strong working relationships with members of the Federal Government, administrative agencies, and Congress representing the City of Cincinnati and the Greater Cincinnati region and other influential decision makers, as well as the firm currently retained by the City for state lobbying services. In addition, the successful Offeror(s) will demonstrate the ability to regularly and proactively inform the City of issues and activities with implications to the City, and experience developing and executing strategies to inform outcomes in these areas.

SCOPE OF SERVICES/SPECIFICATIONS

• Relationship-Building and Representation of the City o Establish a strong identity and presence in Washington, DC on behalf of the City. This effort should be reinforced by day-to-day involvement in the political, regulatory and congressional actions on behalf of this organization. Additionally, on-site visits to the City shall be made upon reasonable notice.

o Act as an official representative of the City with Members of Congress, federal governmental agencies, and persons involved in governmental affairs affecting the City when and as designated and authorized by the City Manager.

o Work with other municipal organizations to strengthen the City’s relationships and involvement with such organizations and, when appropriate, coordinate efforts to advance City legislative and funding priorities.

o Arrange meetings with federal legislators for the Mayor, City Manager, Members of Cincinnati City Council, and City staff when necessary, and participate as required.

o Establish and maintain effective working relationships with federal agencies and officers as well as elected officials and members of their respective staffs.

• Legislative/Regulatory Tracking and Support o Proactively identify, monitor, and provide regular written updates regarding federal legislation and federal agency decision and rule-making processes that impact the City.

o Provide timely updates and analysis on legislative developments.

o Provide notice on opportunities for written comment on proposed rule-making opportunities and assist in drafting comments.

o Work with the City Manager and/or their designee to secure sponsors for proposed bills and/or amendments to Federal law.

o Advocate on behalf of City-supported legislation and on specific bills and issues of interest and benefit to the City as directed.

• Funding Opportunities o Advise and assist in the preparation of federal appropriations requests and submit on behalf of the City in accordance with Congressional deadlines.

o Review federal agency grant opportunities and provide a weekly electronic summary.

o Utilize established key relationships with Federal agency officials to gain knowledge of the priorities for grant programs and the critical elements that application reviewers will be looking for.

Educate City staff and ensure that the grant submittal aligns with agency priorities.

o Provide full range of advocacy support for City grant submittals including but not limited to:

obtaining support letters, facilitating phone calls and visits to executive agencies, conduct advocacy meetings with key agency and Delegation staff; and arranging meetings for City officials with key agency staff and the Federal Delegation.

o In conjunction with the City’s state lobbyist firm, identify and monitor opportunities for federal funding, decisions, and/or processes which may have implications or require coordination with state funding sources.

• Advisory Services o Assist in the formulation of a Federal funding and policy agenda, working with the City Manager and/or their designee. This includes identifying creative funding solutions in the form of demonstration projects, special projects, earmarks, and other directed funding for City priority areas.

o Ensure all lobbying efforts comply with respective state or federal regulations.

o Advise the City Manager and/or their designee on strategies to achieve the City’s federal funding and policy agenda.

o Develop and implement strategies for effective lobbying efforts on behalf of the City.

o Proactively obtain and provide timely and accurate information concerning matters and issues of interest to the City of Cincinnati.

o Be available in a timely manner in person, by telephone, or e-mail to provide consultation and advice.

• Reporting o Submit timely and informative reports to the City Manager on a monthly basis describing in detail activities and services performed by the federal lobbyist on behalf of the City and reflecting progress toward achieving the City’s legislative and funding priorities as outlined by the City Manager and/or their designee.

o Prepare detailed reports for city council meetings, summarizing lobbying activities, progress, and outcomes.

o Appear before the City Council and Committees to report on legislative activity and other matters related to the federal lobbyist’s scope of work when so directed by the City Manager and/or his designee.

o Track, review, and share press releases, informational bulletins, and other important information released by the federal governments and their agencies.

TERM

The term of this Agreement shall commence on the effective date of the Agreement. The term shall be a one-year initial term with two (2) optional one-year renewal periods, for a total potential contract term of three (3) years.

EVALUATION CRITERIA

• Personnel, Experience, and Qualifications – 40 Points: Firm Qualifications, Point of Contact/Team Experience, and References for projects similar to the Scope of Work/Specifications.

• Other Clients – 20 Points: Potential Conflicts of Interest, History, OLIG Registration.

• Project Approach – 20 Points: Implementation Plan and Proposed Methods to provide Scope of Services.

• Fees/Price Proposal – 10 Points: Cost proposal outlining all expenses associated with the project/service, including labor, materials, and any other relevant costs.

• Economic Inclusion – 10 Points: Offeror is a City of Cincinnati Department of Economic Inclusion Certified M/W/SBE or is partnered with a M/W/SBE certified by the City of Cincinnati Department of Economic Inclusion or other recognized certifying agency.

SUBCONTRACTING GOAL

There is no specific S/M/WBE subcontracting goal for this project. However, the City desires that opportunities for City-certified SBEs, WBEs, and/or MBEs be generated to the maximum extent practicable. As such, S/M/WBE subcontracting will be one of the factors the City considers for award.

Offerors subcontracting any portion of the work must complete, sign and return the appropriate economic inclusion forms found in the “No Goals Inclusion Packet” with your proposal.

The “No Goals Inclusion Packet” which includes the applicable forms to be completed and included with the proposal is available at the following webpage: Bid & Proposal Forms - Inclusion. When on the aforementioned webpage, please click on the weblink called “No Goals Inclusion Packet” to download and access the appropriate forms.

Offeror is responsible for verifying that each M/S/WBE to be used on a contract is certified by the DEI as of the Statement of Qualifications due date. The M/S/WBEs named must be certified to provide the services that they are listed to perform, and the services must be required as part of the work on this contract. A directory of certified M/S/WBEs is available online at https://cincinnati.diversitycompliance.com or at the offices of DEI.

TIMETABLE

Milestones for the process are: Date

1. Release of RFP 12/1/2025

2. Deadline for written questions 12/9/2025

3. Submissions Due in Bonfire 12/19/2025

LATE SUBMISSIONS WILL NOT BE ACCEPTED

4. City initiates negotiations with preferred Offeror (approx.) 02/19/2026

QUESTIONS CONCERNING THE RFP

All questions or requests for clarification must be submitted in writing no later than December 9, 2025 at 12:00 PM Noon 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 “RFP 265X901130: Federal Lobbying Services” 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.

https://www.cincinnati-oh.gov/inclusion/forms/bid-proposal-forms/ https://cincinnati.diversitycompliance.com/ https://cincinnati-oh.bonfirehub.com/

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.

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 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.

CONTRACTOR’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.

ADMINISTRATIVE FEES

The successful bidder will remit to the City an administrative fee in the amount of one percent (1%) of the total sales from this contract. The City will bill an amount equal to one percent (1%) of all expenditures paid to the contractor each quarter. Payment will be due no later than forty-five (45) days after the invoice is sent to the contractor by the City.

Pricing submitted with this bid/proposal shall include the City’s administrative fee and may not be added as a line item on any invoice.

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

Section II – Content and Form of Submissions

1. Personnel, Experience, and Qualifications

This section shall describe the background, previous experience, and qualifications of the firm (where applicable) or individuals proposing to provide comprehensive lobbying services to the City. The Offeror shall also identify a single point of contact for the City. This section shall include a list of all individuals, including outside consultants and associates, involved in the provision of federal lobbyist services to the City. For each individual listed, the following information shall be provided:

A. A copy of the individual’s resume;

B. Description of areas in which the individual has special expertise;

C. Description of prior experience in providing lobbyist services;

a. Include any specific experience working with all levels of lobbying, to include federal and state.

D. Description of the individual’s role, responsibilities, and respective percent of workload for which the individual will be responsible. If Offeror has in-house expertise at providing both state and federal lobbying services, state so.

E. Examples of demonstrated experience in areas of importance to the City;

F. Name and contact information of at least four (4) client references for follow-up purposes. Those

Offerors unable to list four (4) references should indicate the reasons why. For each reference listed, Offeror shall include a description of work performed, highlighting successes, and indicating:

a. Brief description of the issue and position for which the Offeror advocated;

b. Description of methods and names of names of contacts utilized to achieve success, including state or federal agencies and/or legislators with which the Offeror had contact; and

c. Description of the final disposition/resolution of the issue.

G. Any additional information describing why the provider is uniquely qualified to provide federal lobbyist services to the City. The City would consider prior experience working with state opportunities or the ability to review state opportunities in conjunction with federal as advantageous.

If the services described in this RFQ are to be provided through an affiliation or joint venture of more than one firm, the Offeror shall include a brief description of the relationship between the partners and provide the information requested above for each party.

2. Other Clients This section shall include a list of all other clients the Offeror currently represents. This section shall describe any potential conflicts of interest between the City and the Offeror’s other clients that may affect the Offeror’s representation of the City’s interests. Include a description of the method by which the Offeror intends to ensure representation of the City in the event of a conflict.

All personnel involved in the provision of federal lobbying services to the City of Cincinnati shall be required to comply with all applicable provisions of state law regarding legislative or executive agency lobbying. The City’s federal lobbyist will be required to properly register as both a legislative and executive agency lobbyist with the Office of the Legislative Inspector General (OLIG) and submit accurate and timely statements as required by OLIG. Include a statement whether the Offeror is currently registered with OLIG as a lobbyist. Include disclosure of any past and current complaints filed with OLIG regarding the Offeror’s lobbying activity. Also include any issues that have arisen regarding the Offeror’s registration with OLIG. If not currently registered, state whether there is any known impediment to the Offeror’s registration.

3. Implementation This section shall include a detailed description of the proposed method(s) for providing the services described in this RFP. This section shall describe proposed methods for tracking and analyzing federal legislation and assisting the City in the development of an annual federal legislative agenda. This section shall also describe the Offeror’s proposed plan for proactively identifying activities and issues of potential interest to the City and maintaining proactive, frequent, and regular communication with City staff and elected officials through a single point of contact. Provide information on methodologies and practices used to communicate with the City and working with key staff. This section should also describe the Offeror’s proposed methods for facilitating effective relationship building between City staff and federal officials.

4. Fees This section shall describe the schedule of fees proposed for providing all of the services described in this RFP. The proposed schedule should reflect a fixed fee for services, inclusive of all costs, including, but not limited to, travel, lodging, transportation, meals, etc.

5. Economic Inclusion

Provide a statement indicating workforce diversity, diverse ownership of the responding vendor, and/or whether your firm and/or your identified subcontractors are a SBE, MBE, WBE, veteran-owned business enterprise (VBE), or disadvantaged business enterprise (DBE) certified by the City of Cincinnati

Department of Economic Inclusion or by any other recognized certifying agency.

6. Exceptions

The proposal shall include a statement indicating compliance with the Terms and Conditions presented in Section IV of this RFP or a statement indicating any exceptions thereto subject to negotiations.

7. Required and Miscellaneous Forms

Offeror must submit all required forms as indicated in Section III of this RFP.

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 Required With Submission If Subcontracting 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: Bid & Proposal Forms - Inclusion.

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 This form will be required post-award.

o A copy of the form is available at the following webpage: Equal Employment Opportunity Forms -

Inclusion.

https://www.cincinnati-oh.gov/inclusion/forms/bid-proposal-forms/ https://www.cincinnati-oh.gov/inclusion/forms/equal-employment-opportunity-forms/ https://www.cincinnati-oh.gov/inclusion/forms/equal-employment-opportunity-forms/

SECTION IV TO RFP 265X901130

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 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 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 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.] /Applies if no MBE, WBE, SLBE or ELBE goal has been established.\

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.

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

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, to terminate this Agreement and to seek other remedies.

https://www.cincinnati-oh.gov/inclusion/forms/subcontractor-utilization-forms-for-post-award-use/

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…