5-RFP255X901086 Fitness Center Design and Equipment Upgrades.pdf

Request For Proposals

Fitness Center Design and Equipment Upgrades

RFP255X901086

ISSUE DATE: December 24, 2025

Due on or before 3:00 PM ET on January 22, 2026

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

COMMODITY CODE(S): 90652 Interior Design, Space Planning, And Exhibits/Displays

98116: Athletic, Equipment and Sporting Goods and Accessories Rental or Lease

REQUESTING AGENCY: Cincinnati Recreation Commission

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 – Pages 3 – 9

II. CONTENT AND FORM OF SUBMISSIONS – Pages 10 – 11

III. REQUIRED & MISCELLANEOUS FORMS – Page 12

IV. CONTRACT TERMS AND CONDITIONS – Pages 13 – 22

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, from parties, (hereinafter "Offerors). The Cincinnati Recreation Commission (CRC) operates 23 recreation centers throughout the City. Of these locations, 14 include designated fitness rooms or areas. Through this Request for Proposal (RFP), CRC seeks to engage a qualified vendor to develop a comprehensive improvement plan that addresses the following:

• Supply new, commercially durable cardio and strength equipment for CRC fitness rooms or areas.

• Evaluate and repurpose existing cardio and strength equipment that remains viable for continued use.

• Identify and retire equipment that has exceeded its useful life. Also provide recommendations on repurposing existing equipment that can be reused at one of the 14 fitness rooms or areas.

GENERAL BACKGROUND AND INFORMATION

Established in 1927, the Cincinnati Recreation Commission (CRC) provides recreational, cultural, leisure, and educational opportunities for residents of all ages and abilities. CRC manages an extensive network of 22 recreation centers citywide, complemented by a variety of aquatic facilities and more than 2,500 acres of outdoor athletic fields and playgrounds.

Within CRC’s 22 recreation centers, 14 sites currently feature dedicated fitness rooms. Through this Request for Proposal (RFP), CRC is seeking qualified Offerors to develop a comprehensive improvement plan for 13 of those fitness centers. The scope includes the provision of new, commercially durable cardio and strength training equipment, the strategic repurposing of existing equipment deemed viable, and the responsible removal of equipment that has exceeded its useful life.

The goal of this initiative is to revitalize CRC’s 13 fitness rooms in a manner that is both economically and operationally efficient, while recognizing the limitations of available funding sources. In addition to the immediate improvement plan, Offerors are required to propose a comprehensive five-year equipment upgrade and replacement plan, offering both lease and purchase options for the cardio and strength equipment, to support the long-term sustainability and innovation of CRC’s fitness spaces.

SCOPE OF SERVICES/SPECIFICATIONS

The Cincinnati Recreation Commission (CRC) is seeking a qualified Offeror to design and implement a comprehensive equipment improvement plan for thirteen (13) fitness centers across its recreation network.

Offerors are expected to provide both leasing and purchase options for commercially durable cardio and strength equipment.

The Offeror’s responsibilities will include:

1. Fitness Center Equipment Planning and Assessment

• Conduct a complete assessment of the current fitness equipment inventory at each site, including:

o Equipment life expectancy o Brand, model, and model number o Condition evaluation o Equipment description (e.g., upright vs. recumbent bike, plate-loaded vs. sectorized strength machines).

• Work collaboratively with CRC staff to align equipment selections with CRC’s programming goals and user demographics (teens, young adults, adults, seniors, and individuals with special needs).

2. Design and Layout Proposals

• Develop and submit a detailed fitness equipment design proposal for each of the 13 fitness center locations.

o Provide a dimensioned floor plan that optimizes space usage, accommodates equipment servicing, prioritizes safety, and complies with current ADA standards.

o Summarize the design approach, outlining how the layout maximizes functionality, flow, and user accessibility.

o Equipment proposed must be removed by no more than one generation from the manufacturer’s current model.

3. Equipment Procurement, Delivery, Installation, and Repurposing

• Supply and install all new cardio and strength equipment at the designated centers (Appendix A).

• Reallocate and install repurposed CRC-owned fitness equipment deemed to be in good working condition and still within its useful life (Appendix B).

• Collaborate with CRC to finalize which centers receive new versus repurposed equipment.

• Identify and manage the following for all equipment:

o Items eligible for trade-in o Items suitable for repurposing o Items requiring disposal (disposal to be handled solely by the Vendor).

4. Maintenance and Warranty Services

• Provide a comprehensive maintenance plan covering all fitness equipment (new and repurposed) across all 13 fitness centers.

o Preventative maintenance must be included as a separate line item in the pricing proposal.

o Preventative and warranty maintenance must cover both new and repurposed equipment.

o Facilitate and coordinate all warranty and non-warranty repairs as needed throughout the contract term.

• Submit warranty documentation for all cardio and strength equipment as part of the final proposal.

5. Staff Training and Community Engagement

• Deliver approximately 24 hours (estimated 1.5–2 hours per site) of on-site training for CRC staff on basic equipment functionality, user safety, and maintenance procedures.

o The cost of training must be included in the pricing proposal.

• Participate in a public ribbon-cutting event celebrating the reopening of at least one of the renovated fitness centers (Date TBD).

6. Additional Expectations:

• All services shall be performed in close coordination with CRC project leads and site staff.

• Vendors must demonstrate the ability to deliver all equipment and complete installation across all sites within a mutually agreed upon project timeline.

TERM

The term of this Agreement shall commence on the Effective Date and shall remain in effect for a period of three

(3) years. The Agreement may be renewed for up to two (2) additional one (1) year periods, under the same terms and conditions, upon mutual written agreement between the City and the Contractor.

EVALUATION CRITERIA

• Implementation and Design – 30 Points

• Proposal for Upgrades and Equipment Repurpose Plan – 20 Points

• Equipment and Maintenance Plan: Quality and Price – 20 Points

• Qualifications of Key Personnel Assigned to Project – 10 Points

• Implementation Timeline – 10 Points

• Innovativeness & Creativity – 10 Points

SUBCONTRACTING GOAL

The MBE subcontracting goal for this RFP is 2.0%. The WBE subcontracting goal for this RFP is 0.0% One of the factors the City uses to determine the most advantageous offer is whether an Offeror subcontracted the minimum percentage of its bid to qualified City-certified M/WBEs. Failure to meet or exceed the subcontracting participation level may cause a proposal to be rejected as non-responsive.

The “MBE/WBE 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 “MBE/WBE Inclusion Packet” to download and access the appropriate forms.

Offeror is responsible for verifying that each M/WBE to be used on a contract is certified by the City of Cincinnati Department of Economic Inclusion as of the proposal due date. The M/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/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 12/24/2025

2. Dates of Pre-Submission meetings 01/08/2026 & 01/09/2026

3. Deadline for written questions 01/13/2026

4. Submissions Due in Bonfire 01/22/2026

LATE SUBMISSIONS WILL NOT BE ACCEPTED

5. City initiates negotiations with preferred Offeror (approx.) 03/2026

PRE-SUBMISSION MEETING

The City will hold non-mandatory pre-submission site visits to all 13 locations spanning two days. The schedule will be as follows:

Thursday, January 8th, 2026

Time Recreation Center Address

9A-10A Mt Washington 1715 Beacon St, Cincinnati, OH 45230

10:15A-11:15A Leblond 2335 Riverside Dr, Cincinnati, OH 45202

11:30A-12:30P Bush 2640 Kemper Ln, Cincinnati, OH 45206

12:45P-1:45P Evanston 3204 Woodburn Ave, Cincinnati, OH 45207

2P-3P Hirsch 3630 Reading Rd, Cincinnati, OH 45229

3:15P-4:15P North Avondale 617 Clifton Springs Ave, Cincinnati, OH 45229

4:30P-5:30P Madisonville 5320 Stewart Ave, Cincinnati, OH 45227 https://www.cincinnati-oh.gov/inclusion/forms/bid-proposal-forms/ https://cincinnati.diversitycompliance.com/

Friday, January 9th, 2026

Time Recreation Center Address

9A-10A Hartwell 8275 Vine St, Cincinnati, OH 45216

10:15A-11:15A McKie 1655 Chase Ave, Cincinnati, OH 45223

11:30A-12:30P Millvale 3303 Beekman St, Cincinnati, OH 45225

12:45P-1:45P Corryville 2823 Eden Ave, Cincinnati, OH, 45219

2P-3P Price Hill 959 Hawthorne Ave, Cincinnati, OH 45205

3:15P-4:15P Lincoln 1027 Linn St, Cincinnati, OH 45203

QUESTIONS CONCERNING THE RFP

All questions or requests for clarification must be submitted in writing no later than January 13th, 2026, at 11:00 am 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 “RFP255X901086, Fitness Center Design and Equipment Upgrades” 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.

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.

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

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.

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 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.

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

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.

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.

http://www.cincinnati-oh.gov/ https://vss.cincinnati-oh.gov/vssprod/Advantage4

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://docs.cincinnati-oh.gov/form/coc/TaxpayerGoodStanding

Section II – Content and Form of Submissions

• Cover Letter (1 page limit) – A cover letter introducing your firm and summarizing your submission.

• Company Overview o Provide an overview of your firm, including its history, experience, and qualifications relevant to this project/service.

• Project Team o The Offeror must provide a staffing plan that identifies all key staff required to do the services requested in the RFP and their responsibilities on the project/contract. The City is seeking a staffing plan that matches the proposed personnel and qualifications to the activities and tasks that will be completed on the resultant contract.

o Provide information about the key personnel who will be involved in this project/service, including their role, qualifications, and relevant experience.

o The Offeror must include a minimum of three (3) references for organizations and/or clients for whom the Offeror has successfully provided similar services. These references must relate to work that was completed within the past five (5) years. If the Offeror proposes self-service and full-service options, references for providing each type of service are encouraged.

• Approach and Methodology o Detail your approach to fulfilling the requirements outlined in the Scope of Work/Specifications.

Include your methodology, strategies, and any innovative approaches you plan to employ.

o The Offeror shall submit preliminary design/lay out drawings for each of the 13 fitness areas identified in Appendix A. Designs should meet current ADA standards.

o Provide a preliminary plan for repurposing or replacing current equipment.

o Provide a proposed project timeline for completing all aspects of the scope.

• Price Proposal o All costs or fees associated with each service offered in the proposal shall be included, including the costs associated with each piece of equipment in the Offeror’s inventory and the preventative maintenance plan associated with each piece of equipment.

o Provide both leasing and purchase options for commercially durable cardio and strength equipment. All options should include all fees associated with the project to include installation of new equipment, relocation of existing equipment, disposal of broken equipment, and any other cost associated with the project.

o Submit warranty documentation for all cardio and strength equipment as part of the final proposal.

o For the lease option, the proposal should include:

▪ Detailed pricing for leasing arrangements in addition to purchase pricing. Proposed lease terms shall include, at a minimum, 36-month, 48-month, and 60-month options, or other terms available through the proposer.

▪ Describe all available end-of-term options to include Fair Market Value (FMV) Buyout, Equipment Return (with clear responsibilities for removal and transportation), and Lease Renewal or Extension.

▪ Whether preventive maintenance, repairs, parts, and labor are: Included in the monthly lease payment; or Offered separately as a maintenance service agreement.

▪ Shall provide a comprehensive Leasing Cost Summary that includes: Monthly lease payment; any one-time charges (installation, delivery, training, removal, etc.); taxes, insurance, and fees (if applicable); and total cost over the full lease term.

• Exceptions o Offeror shall include a statement indicating compliance with, or any exceptions to, the Terms and

Conditions presented in all sections of this RFP.

• 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

• ATTACHMENT 3 – Subcontracting Outreach Program o The “MBE/WBE 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/inclusion/forms/bid-proposal-forms/. When on the aforementioned webpage, please click on the weblink called “MBE/WBE 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: https://www.cincinnati-oh.gov/inclusion/forms/equal-employment-opportunity-forms/.

• ATTACHMENT 5 – Appendix A

• ATTACHMENT 6 – Appendix B 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 255X901086

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 subsequent ineligibility to contract with the City incurred by a contractor as a result of the City rejecting 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 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. Minority and Women Business Enterprise Programs

1. This Agreement is subject to, and Contractor shall comply with, the provisions of the Minority and

Women Business Enterprise Program contained in Chapter 324 of the Cincinnati Municipal Code.

Section 324-99 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. This Agreement is subject to mandatory participation goals for Minority Business Enterprises (MBEs) and for Women Business Enterprises (WBEs), which Contractor shall meet by subcontracting <DEI-

Determined MBE % Proposed by Contractor> of the total contract amount to MBEs certified by the

City who will be performing a commercially useful function under this Agreement (the “MBE goal”) and < DEI-Determined WBE % Proposed by Contractor> of the total contract amount to WBEs certified by the City who will be performing a commercially useful function under this Agreement

(the “WBE goal”), as specifically set forth in the Form 2003 submitted with the proposal and approved by the Department of Economic Inclusion. A copy of the Form 2003 is attached hereto as Exhibit C.

The MBE goal and the WBE goal (collectively, the “contract participation goals”) established herein apply to the initial contract amount, to any alternates, and to all subsequent amendments, supplements, extra work orders, change orders or other modifications that, either individually or in the aggregate, increase the dollar value of the contract by 10% or more.

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. If Contractor is unable to meet the established contract participation goals for this Agreement through the use of the MBEs and WBEs specified in the Form 2003 submitted with its response to the Request for Proposals, Contractor must seek a qualified and certified substitute MBE and/or WBE to fulfill those contract participation goals.

6. The City, through the Director of Economic Inclusion, must approve in advance and in writing any

MBE or WBE substitution. If, after making good faith efforts as defined by the rules and regulations https://cincinnati.diversitycompliance.com/FrontEnd/StartCertification.asp?TN=cincinnati&XID=7672 https://cincinnati.diversitycompliance.com/FrontEnd/StartCertification.asp?TN=cincinnati&XID=7672 for Chapter 324 of the Cincinnati Municipal Code, Contractor is unable to find one or more qualified and certified substitutes capable of performing work under this Agreement, Contractor must request a post-award waiver or reduction of the contract participation goals for this Agreement as provided in section 324-23 of the Cincinnati Municipal Code.

7. The failure to comply with the contract participation goals is a material breach of this Agreement unless a request for a post-award waiver or reduction of the contract participation goals has been submitted by Contractor and approved by the Director of Economic Inclusion.

8. A business that is certified both as an MBE and as a WBE may be counted either toward the MBE goal or toward the WBE goal, but not toward both, and it may not be allocated partially toward each.

9. 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 324 when advertising and awarding such subcontracts.

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.

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

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.

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.