request for proposals specification no. rfp09162016 ... · suburban cook county residents, which...

THE COMMUNITY AND ECONOMIC DEVELOPMENT

ASSOCIATION OF COOK CEDA, INC.

Request for Proposals Specification No. RFP09162016

Temporary Staffing Agency Services

for CEDA

Submittals from minority, women and disadvantaged business enterprises are encouraged.

Faxed, e-mailed or late bids will not be accepted.

Pre-Proposal Meeting

Tuesday, November 15, 2016 at 10:00am, CST

All Questions are due by:

Thursday, November 17, 2016

to: [email protected]

SUBMITTAL DEADLINE

Wednesday, December 7, 2016 by 3:00pm, CST

DELIVERY BY HAND OR MAIL

CEDA-Receptionist

567 W. Lake Street, Suite 1200

Chicago, IL 60661

Specification No. RFP09162016

Attn: Procurement

In a sealed envelope one (1) unbound original and one (1) electronic copy

TEMPORARY STAFFING AGENCY SERVICES RFP NO. 09162016

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SECTION 1 INTRODUCTION

The Community and Economic Development Association of Cook CEDA Inc. (CEDA) is a community action agency serving Cook CEDA. It provides economic development and human service programs to address the needs of low-income residents and the underlying conditions that cause those needs. CEDA provides a variety of services in Cook CEDA including but not limited to WIC, Emergency Services for Homeless and Nearly Homeless individuals, Housing Services and Economic Development, and Home Weatherization Assistance Program. CEDA is a not-for-profit corporation serving CEDA of Cook County. It is exempt from Federal Income Tax, under Section 501(c) 3 of the Internal Revenue Service Code. Additional information about CEDA and its services are available at www.cedaorg.net SECTION 2 SCOPE OF SERVICES

The intent of this Request for Proposal (RFP) is to obtain fixed price proposals from qualified temporary staffing firms for CEDA for use on an as-needed basis. CEDA intends to award multiple firm fixed contracts for a base period of one (l) year and reserves the right to extend the Contract, at its sole discretion for two (2), one (l) year options. CEDA intends to award one (1) primary Contract and one (1) secondary Contract. CEDA is seeking the services of highly skilled, experienced and qualified companies who have been in business for at least five (5) years providing expert temporary staffing services to not-for profit and/or governmental agencies. The awardee(s) must be able to provide quality service along with dependable and reliable customer service. Some CEDA programs require firms to dedicate a number of staff for their specific needs. Staffing assignments may be anywhere from one (1) day or one (1) week, while other assignments may last several months. CEDA does not guarantee any minimum amount of services. Most temporary staffing positions are located at CEDA's Central office located at 567 W. Lake Street, Chicago, IL 60661. However, Respondent(s) should be able to provide staffing at any CEDA location in the Chicagoland area where there is a need. CEDA offers a variety of programs and services in the areas of community and economic development, education, emergency assistance, energy conservation, health and nutrition, and housing. A summary is listed below:

A. Programs 1. Low Income Home Energy Assistance Program (LIHEAP) helps eligible low-income households

pay for energy services with a one-time payment made directly to utility companies on the individual’s behalf. Individuals requesting service must provide documented information on their financial situation to be eligible for this program. The LIHEAP program utilizes temporary staff in various job categories and often has a need for temporary staff year round. The number of temps needed will fluctuate based on the need at the given time.

2. Weatherization (WX) is a year-round program using state-of-the-art technology to make homes

more energy-efficient for qualifying low-income clients in Chicago and suburban Cook County. 3. The Women, Infants and Children (WIC) program is a supplemental nutrition program focused on

eating healthy eating for moms and kids. WIC can provide nutrition education, nutrition counseling, breastfeeding support, nutritious foods and referrals to other services as needed.

4. The Family Support and Community Engagement (FSACE) program offers a range of services to Suburban Cook County residents, which assist low-income people in attaining skills, knowledge and the resources necessary to achieve self-sufficiency. The program also provides direct client assistance to help remove barriers to self-sufficiency.

http://www.cedaorg.net/


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5. Other departments within CEDA such as Accounting, Human Resources, Procurement and IT

may also require temporary personnel from time to time. Due to changing program needs, CEDA may require clerical personnel for short-term engagements during the year. Specific requirements for these persons will be specified at the time of the engagement.

B. Job Requirements –Titles - Job Descriptions CEDA shall pay only for the level of skill required. For example, if CEDA requests an intermediate level clerical, it shall be paid at that rate even if an advanced clerical is provided. All proposals must meet or exceed the requirements contained herein. The following are the skill levels and definitions that CEDA utilizes:

Entry Level means someone with zero (1) to two (2) years of experience.

Intermediate means someone with more than two (2) but less than five (5) years of experience.

Advanced means someone with five (5) or more years of experience.

1. Administrative a. Clerical/Receptionist: General clerical work. High school or equivalent, light typing, sorts files,

distributes mail and answers phone.

b. Office Assistant: Responsible for general clerical work. High school or equivalent, typing a minimum 55 wpm. One (1) year general clerical work involving public contact. Maintains records and files, prepares routine correspondence, orders supplies, answers phones, operates office equipment, computer, performs data entry and data processing, and acts as a receptionist.

c. Secretary: Performs skilled to complex work requiring typing skills and routine administrative

and technical work. Composes routine correspondence, acts as a receptionist, maintains mailing lists, files, and card indexes. Operates standard office equipment.

d. Mail Clerk: Prepares incoming and outgoing mail for distribution. Duties include sorting and routing incoming mail; sealing, stamping and affixing postage to outgoing mail or packages, and keeping necessary records and completed forms. Utilizes postage meter, scale and/or envelope sealer. Operates fax machine. Must have knowledge of post office mailing requirements and policies. Must be familiar with UPS and Federal Express requirements. Maintains mail records and sorts and files material.

2. Information Technology IT Help Desk Technician: Answer all incoming calls and e-mails to Helpdesk in a polite and courteous manner. Assigns incoming Helpdesk calls and work orders to appropriate IT staff based on territory/account assignment, functional area of responsibility, and/or staff availability. Works closely with managers on call assignments, customer problems, and logistics issues. Screens incoming calls and work orders and attempts to provide resolution over the telephone and/or by remote access, including password resets, and troubleshooting problems related to PC's and peripherals, network clients, CEDA standard application software & telecommunications.

3. Accounting

a. Accounting Clerk: Responsible for clerical work involving the preparation and/or maintenance of fiscal or related records. Gathers, assembles, tabulates and checks financial data. Maintains financial and statistical records, compiles reports, and operates standard office equipment and posting records.

b. Accountant: Prepares balance sheets, profit and loss statements, and other financial reports.

Responsibilities also include analyzing trends, costs, revenues, financial commitments, and obligations incurred to predict future revenues and expenses. Reports organization's finances to management and others; has knowledge of commonly-used concepts, practices, and procedures within a particular field.


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c. Accounts Payable Clerk: Responsible for compiling amounts owed by the company to

Respondent(s), suppliers, or other organizations/individuals. Gathers purchase orders and prepares payments. Maintains all payment or other transaction records. Has knowledge of commonly-used concepts, practices, and procedures within a particular field. Relies on instructions and pre-established guidelines to perform the functions of the job.

4. LIHEAP All LIHEAP positions require the ability to work in a fast-paced environment with daily quotas. An intermediate knowledge of using a computer, specifically Microsoft office, and entering data into existing databases is a necessity.

a. Verifier: Verify the accuracy of data entered into the State databases. Compare data with source documents to determine eligibility for program assistance using set State guidelines. Identify lack of documentation and document denial in State database. Maintain logs of activities and completed work. Typing speed of 20 WPM is required.

b. Bundling & Receiving Clerk: Sort and Open UPS packages daily. Sort applications and

create a file for each application. Log each application into the designated database. Affix bar-coded labels to file folders. Box applications and deliver to respective area(s) for processing. Sort files numerically using a 7-digit application ID number. Able to lift 5-15lb boxes of supplies and materials.

c. Case Manager: Verify the accuracy of data entered into a State database. Compare data

with source documents to determine eligibility for program assistance using set guidelines. Maintain logs of activities and completed work. Troubleshoot and resolve problems applications and/or utility vendor(s). Track client information and interactions in web-based program system and an in-house database. Able to professionally speak with clients via phone and/or in person regarding sensitive application concerns.

d. Clerk/Mail Processor: Print, sort and mail preprinted correspondence. Open, print and sort

faxes and incoming mail. Log mail in computerized database. Maintain filing system. Pull/file program applications.

e. File Room Clerk: Able to gather materials to be filed from departments and employees. Sort

files numerically using a 7-digit application ID number. Find, retrieve, and deliver files in response to requests from authorized users. Place materials into storage receptacles, such as file cabinets, boxes, bins, or drawers, according to classification and identification information. Able to lift up to 25 lbs.

f. Furnace Clerk: Verify the accuracy of data entered into the State databases. Compare data

with source documents to determine eligibility for program assistance using set State guidelines. Identify lack of documentation and document denial in State database. Answer applicants' questions about application process & procedures. Keep records of assigned cases, and prepare required reports. Typing speed of 20 WPM is required.

g. Customer Service Representative, Call Center: Answer phone calls for an inbound call center. Confer with customers by telephone to provided information about benefits, application process and other utility assistance programs. Able to handle large volumes of calls. Able to speak with irate customers. Refer unresolved customer grievances to designated departments for further investigation. Typing speed of 20 WPM is required

h. Team Lead: Understand program policy and procedure and keep record of program updates

and changes. Assist team with resolving issues, answer questions regarding assigned work. Assist Supervisor with training staff and announcing program updates. Assist with quality checks of team’s work. Other duties as assigned.

C. Program Requirements

The Respondent(s) shall propose a plan to address in detail each of the following specific topics,

which include, but are not limited to the following:


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1. Describe in detail how your organization would fulfill and/or provide the job requirements. 2. Describe in detail your organization’s hiring and, ordering process, training programs, employee

benefits and other services that are provided to employees. 3. Describe how quality and service standards will be maintained. 4. Describe your firm’s ability to fill requests within a 24- hour period? 5. Describe how quality and service standards will be maintained. 3. Describe in detail how your organization conducts background checks and include the type of

criminal background checks performed. 4. Describe in detail your screening process for temporary employee applicants. 5. Describe how your agency reserves a pool of available candidates who meet the criteria as

described in Job Requirements. 6. Describe in detail the process if CEDA is not satisfied with the temporary staff, how your agency

provides for replacement temporary staff, with a candidate of equal qualification skills. D. Minimum Requirements

In addition, the Respondent(s) shall propose a plan to address in detail each of the following specific topics.

1. Response Times -- Most requests will be several days in advance of the actual start date;

however, Each Respondent(s) also agrees that for any placement, they will provide resumes of prospective placements no later than three (3) business days after the request. If not provided, CEDA staff may seek placement from the next position vendor. On occasion, CEDA may have a more immediate need. In these cases, the response times will be shortened. Repeated failures to provide qualified personnel within the appropriate response times, or other unsatisfactory service deficiencies, may be cause to terminate the contract.

3. All temporary personnel shall be employed by the Respondent(s). The Respondent(s) shall be responsible for all payrolls, taxes, worker’s compensation, insurance and other federal and state requirements for temporary personnel.

4. CEDA shall have the right at any time to refuse or determine unacceptable, any temporary personnel sent by the Respondent(s). Refusal of any temporary shall be in accordance with Equal Opportunity Employment Guidelines. The temporary shall be immediately removed and prompt arrangement made for a suitable replacement.

5. Respondents shall be responsible for maintaining satisfactory standards of employee competence, conduct, appearance, and integrity, and shall be responsible for taking such disciplinary action with respect to its employees as may be necessary.

6. Contract Rates & Payment Terms --Invoices shall be submitted to CEDA and must include the names of temporary personnel, classification, employee rate of pay per the contract, billing rate to CEDA, number of hours worked and the department that they report to. CEDA will only pay for actual time worked. Invoices must be submitted to CEDA.

7. Time Cards must be signed by authorized signers only in the approval section. Temporary staff will be provided with the name(s) of the authorized signer(s). Agency must be willing to accept time reports from CEDA’s proprietary time keeping system, if applicable.

8. Price Escalation/De-escalation The firm may request an increase/decrease in the hourly rates prior to any renewal period. The price Increase/decrease shall not exceed the price increase/decrease as that contained in the latest Consumer Price Index for all Urban Wage Earners and Clerical Workers (CPI-W), Other Goods and Services. Any increase/decrease requested will be subject to CEDA approval and is not guaranteed 9. Fraudulent Time Cards

The vendor shall reimburse CEDA for any improper charges which may result from fraudulent time cards prepared by the vendor's employee which are discovered within one (1) year of payment by CEDA. This includes, but is not limited to, incorrect time cards, improper rate charges, etc.

10. Temporary candidates presented for consideration may be subject to an interview by representatives of the requesting program and may be asked to provide work samples.

11. CEDA also currently utilizes temporary year round staff and their pay rate is based on their position and tenure within the LIHEAP Program. The position title and pay rate will be dictated to the agency when the temporary staff request is submitted.


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Provide a detailed description of the markup that the firm retains the conversion rates for temp to perm conversions, as well as any additional costs or fees not included in the hourly rate. Pay rates for each job description should not be below or exceed what is listed below:

The Respondent(s) shall submit bill rates on the proposal pricing form (9a) for the following job descriptions

Position New LIHEAP Staff

Returning LIHEAP Staff

CLERK, FILE ROOM $11.00 $11.50

CLERK, GFE/CPR $11.00 $11.50

CLERK, RECEIVING $11.00 $11.50

CLERK, APPEALS $12.00 $12.50

CLERK, PIPP $12.00 $12.50

CSR, CALL CENTER $12.00 $12.50

CSR, PARTNER SITE HELP DESK $12.00 $12.50

VERIFIER, APPEALS $13.00 $13.50

VERIFIER, FUEL FUNDS $13.00 $13.50

VERIFIER, FURNACE CLERK $13.00 $13.50

VERIFIER, LIHEAP $13.00 $13.50

CASE MANAGER, PIPP $14.00 $14.50

TEAM LEAD, FILE ROOM $13.50 $14.00

TEAM LEAD, GFE/CPR $13.50 $14.00

TEAM LEAD, RECEVING $13.50 $14.00

PROGRAM ASSISTANT, QUALITY ASSURANCE*

See note below

PROGRAM ASSISTANT, TEMPORARY STAFFING*

See note below

*Program Assistant’s wage will range between $15-20/hour E. Participation of Small, Minority and Women Enterprises

CEDA is in partnership with communities to bring public and private resources to end poverty. CEDA aggressively seeks small, minority and women businesses to participate in its procurement activities. Respondent(s) should complete Exhibit C which should provide a listing of the small, minority and women business enterprises that will be used on this project and proof of certification for each firm listed. Certification will be accepted from the City of Chicago, County of Cook, State of IL., Women's Business Development Agencies and the Chicago Minority Business Development Council, Inc.

SECTION 3 INSTRUCTIONS TO RESPONDENTS

3.1 Instructions This RFP provides potential Respondent(s) with sufficient information to enable them to prepare and submit proposals. This RFP also contains the instructions governing the submittal of a proposal and the materials to be included therein, including CEDA requirements, which must be met to be eligible for consideration. All proposals must be complete as to the information requested in this RFP in order to be considered responsive and eligible for award. Respondent(s) providing insufficient details will be deemed non-responsive. CEDA is not obligated, either to purchase the full services or the products proposed by the Respondent(s), nor to enter into an agreement with any one Respondent(s).

3.2 Pre-Proposal Conference

CEDA will hold a Pre-Proposal conference on the date, time and location indicated below. Representatives of CEDA will be present to answer any questions regarding the services requested or proposal procedures. Prospective Respondent(s) will respond to the contact person listed on the front cover of the RFP at least one day prior to the Pre-Proposal Conference to confirm participation and number of representatives attending the meeting. A maximum of 2 representatives from each firm may attend the pre-proposal conference.


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Attendees are encouraged to bring a copy of the RFP to the Pre-Proposal conference.

Date: Tuesday, November 15, 2016 at 10:00 a.m., Central Standard Time Location: CEDA Central Office, 567 W. Lake Street, Suite 1200 Chicago, IL 60661

3.3 Clarifications Questions regarding this RFP will be submitted in writing to the Contact person listed on the cover page of this RFP no later than Thursday, November 17, 2016 by 3:00 p.m.

3.4 Uniformity

To provide uniformity and to facilitate comparison of Proposals, all information submitted must clearly refer to the page number, section or other identifying reference in this RFP. All information submitted must be noted in the same sequence as its appearance in this RFP. CEDA reserves the right to waive minor variances or irregularities.

3.5 Proposal Material

The Proposal material submitted in response to the RFP becomes the property of CEDA upon delivery to the Department of Procurement and will be part of any contract formal document for the goods or services which are the subject of this RFP.

3.6 Addenda

Should any Respondent(s) have questions concerning conditions and specifications, or find discrepancies in or omissions in the specifications, or be in doubt as to their meaning, they should notify the Department of Procurement no later than Tuesday, November 22, 2016 by 3:00 PM to obtain clarification prior to submitting a Proposal. Such inquires must reference the proposal due date and CEDA RFP number.

Any clarification addenda issued to Respondent(s) prior to the Proposal due date shall be made available to all Respondent(s). Since all addenda become a part of the Proposal, the Addenda Acknowledgement (found in Exhibit F) must be signed by an authorized Respondent(s) representative and returned with the Proposal on or before the Proposal opening date. Failure to sign and return any and all addenda acknowledgements may be grounds for rejection of the Proposal.

Interpretations that change the terms, conditions, or specifications will be made in the form of an addendum to the solicitation by CEDA. If issued, CEDA will post the addenda on CEDA website: www.cedaorg.net. In the event there are any conflicts between the general terms and conditions and any special terms and conditions, the special terms and conditions shall take precedence.

3.7 Respondent(s)’s Responsibility for Services Proposed

The Respondent(s) must thoroughly examine and will be held to have thoroughly examined and read the entire RFP document. Failure of Respondent(s) to fully acquaint themselves with existing conditions or the amount of work involved will not be a basis for requesting extra compensation after the award of a Contract.

3.8 Errors and Omissions

The Respondent(s) is expected to comply with the true intent of this RFP taken as a whole and shall not avail itself of any error or omission to the detriment of the services or CEDA. Should the Respondent(s) suspect any error, omission, or discrepancy in the specifications or instructions, the Respondent(s) shall immediately notify CEDA in writing, and CEDA will issue written corrections or clarifications. The Respondent(s) is responsible for the contents of its Proposals and for satisfying the requirements set forth in the RFP. Respondent(s) will not be allowed to benefit from errors in the document that could have been reasonably discovered by the Respondent(s) in the process of putting the proposal together.

3.9 RFP Interpretation

Interpretation of the wording of this document shall be the responsibility of CEDA and that interpretation shall be final.


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3.10 Confidentiality and Response Cost and Ownership

From the date of issuance of the RFP until the due date, the Respondent(s) must not make available or discuss its Proposal, or any part thereof, with any employee or agent of CEDA. The Respondent(s) is hereby warned that any part of its Proposal or any other material marked as confidential, proprietary, or trade secret, can only be protected to the extent permitted by Illinois Statutes. 3.11 CEDA RFP Format All Respondent(s) will use this solicitation format for submitting their proposal. Variations or exceptions from the specifications and general conditions should be submitted in writing. Such variations or exceptions may be considered in evaluating the offers received. Any exception taken must be noted in the space provided within this solicitation. Failure to comply with this requirement may cause a Respondent(s)’s proposal to be considered "nonresponsive." 3.12 Pricing All price and cost information requested in this solicitation should be provided by the Respondent(s).

3.13 Use of Subcontractors

The Respondent(s) response must include a description of which portion(s) of the work will be subcontracted out, the names and addresses of potential Subcontractors and the expected amount of money each will receive under the Contract. CEDA reserves the right to accept or reject any subcontractor if it is in the best interest of CEDA.

3.14 Period of Firm Proposal Prices for the proposed service must be kept firm for at least one hundred and twenty (120) days after the last time specified for submission of Proposals. Firm Proposals for periods of less than this number of days may be considered non-responsive. The Respondent(s) may specify a longer period of firm price than indicated here. If no period is indicated by the Respondent(s) in the Proposal, the price will be firm until written notice to the contrary is received from the Respondent(s), unless otherwise specified in this RFP.

3.15 CEDA Rights

CEDA reserves the right to reject any and all offers, to waive any informality in the offers and, unless otherwise specified by the Respondent(s), to accept any item in the offer. CEDA also reserves the right to accept or reject all or part of your Proposal, in any combination that is economically advantageous to CEDA.

3.16 Alteration/Modification of Original Documents

The Respondent(s) certifies that no alterations or modifications have been made to the original content of this RFP or other procurement documents (either text or graphics and whether transmitted electronically or hard copy in preparing this proposal). Any alternates or exceptions (whether to products, services, terms, conditions, or other procurement document subject matter) are apparent and clearly noted in the offered proposal. Respondent(s) understands that failure to comply with this requirement may result in the proposal being disqualified and, if determined to be a deliberate attempt to misrepresent the proposal, may be considered as sufficient basis to suspend or debar the submitting party from future CEDA RFP procurement opportunities. SECTION 4 EVALUATION AND SELECTION PROCESS

Proposals will be evaluated based the quality of the Respondents credentials and experience. Evaluation of proposals is the sole responsibility of CEDA staff and based totally on CEDA’s assessment of responses. 4.1 Responsiveness Review CEDA personnel will review all proposals to ascertain that they are responsive to all submission requirements.


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4.2 Evaluation Process

Proposals will be scored on a one hundred (100) point scale by an evaluation committee comprised of CEDA personnel. The committee will evaluate all responsive proposals in accordance with the evaluation criteria detailed below.

This evaluation process may result in a short-list of proposals. The evaluation committee, at its option, may request that all or short-listed Respondent(s) make a presentation, offer customer testimonials or reference, submit clarifications, schedule a site visit of their premises (as appropriate), provide a best and final offer, respond to questions, or consider alternative approaches.

4.3 Right to Inspect

CEDA reserves the right to inspect and investigate thoroughly the establishment, facilities, equipment, business reputation, and other qualification of the Respondent(s) and any proposed subcontractors and to reject any Proposal regardless of price if it shall be administratively determined that in CEDA’s sole discretion the Respondent(s) is deficient in any of the essentials necessary to assure acceptable standards of performance. CEDA reserves the right to continue this inspection procedure throughout the life of the Contract that may arise from this RFP.

4.4 Best and Final Offer

CEDA reserves the right to request a Best and Final Offer from finalist Respondent(s), if it deems such an approach necessary. In general, the Best and Final Offer will consist of updated costs as well as answers to specific questions that were identified during the evaluation of Proposals.

If CEDA chooses to invoke this option, Proposals will be re-evaluated by incorporating the information requested in the Best and Final Offer document, including costs, and answers to specific questions presented in the document. The specific format for the Best and Final Offer would be determined during evaluation discussions. Turnaround time for responding to a Best and Final Offers document is usually brief (i.e., five (5) business days).

4.5 Selection Process

Upon review of all information provided by shortlisted Respondent(s), the evaluation committee will make a recommendation for selection to the Procurement Manager for concurrence and submission to CEDA elected officials. CEDA reserves the right to check references on any projects performed by the Respondent(s) whether provided by the Respondent(s) or known by CEDA. The selected proposal will be submitted for approval to CEDA Board. CEDA intends to select a proposal that best meets the needs of CEDA and provides the best overall value. Upon approval of the Respondent(s), a contract will be prepared by CEDA and presented to the Respondent(s) for signature.

SECTION 5 EVALUATION CRITERIA

5.1 Responsiveness of Proposal Respondent(s) is compliant with all the submission requirements of the RFP.

5.2 Evaluation Criteria

Proposals will be reviewed and selected on the following criteria:

EVALUATION CRITERIA POINTS

Costs Are the Respondent’s fees for services reasonable and consistent with the Scope of Services/Statement of Work?

30

Demonstrated Understanding/Quality of the Proposed Plan of Action

Does the Respondent appear to have a clear understanding of the project requirements as noted in the Scope of Services/Statement of Work? (10)

Does the Respondent’s Proposed Plan of Action demonstrate the ability to meet the Program Requirements? (10)

20

Qualifications of the Firm and Staff

Does the Respondent’s staff proposed to perform the work have sufficient qualifications and experience to provide the services needed? (10)

Does the Respondent have the structural capacity, experience and proven

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approach in the public sector or not-for profit to deliver the highest level of services CEDA needs within the designated timeframes? (10)

Past Performance

The Respondent demonstrated success in previous and or similar work (5)

The Respondent illustrates how previous and or similar work will aid in their success with this project. (5)

10

Financial Stability Did the Respondent exhibit their financial condition and other background information, including but not limited to audited financial statements and disclosure of Legal Actions?

10

Small, Minority, Female and Disadvantaged Business Enterprise 10

TOTAL POINTS 100

CEDA plans to award several contracts from this RFP to the firms that most thoroughly meet the qualifications set forth in this document. SECTION 6 SUBMISSION OF PROPOSAL

6.1 Instructions for Submission

6.1.1 Number of Copies Respondent(s) are required to submit one (1) paper original and (1) USB copy no later than the time and date indicated in the RFP. The original should be clearly marked “ORIGINAL.”

6.1.2 Time for Submission

Proposals shall be submitted no later than the date and time indicated for submission in this RFP. Late or emailed submittals may not be considered.

6.1.3 Format

Proposals not containing the following submittal requirements may be deemed non-responsive to this RFP.

Respondent(s) shall present their proposals as a firm offer which, if accepted by the CEDA in its entirety, shall be binding between the parties. Each Respondent is required to submit one (1) package of original materials on plain paper and one on USB. The proposals must be typed on standard 8 ½ x 11, letter size paper, typed with page numbers, 1” margins, minimum 11 pt. font, with printed material on one side only. Please include the following in the proposal in the order that is listed, separated by a tab insert identifying the section title as listed below. Do NOT BIND. Respondent(s) are encouraged to organize their submittal in such a way as to follow the submittal requirements listed herein.

6.1.4 Complete Submission

Respondent(s) are advised to carefully review all the requirements and submit all documents and information as indicated in this RFP. Incomplete proposals may lead to a proposal being deemed non responsive. Non responsive proposals will not be considered.

6.1.5 Packaging and Labeling

The outside wrapping/envelope shall clearly indicate the RFP Title and date and time for submission. It shall also indicate the name of the Respondent.

6.1.6 Timely Delivery of Proposals

The Proposal must be either delivered by hand or sent to CEDA, Office of the Procurement Manager through U.S. Mail or other available courier services to the address shown on the cover sheet of this RFP. Include the RFP number on any package delivered or sent to CEDA, Office of the Procurement Manager and on any correspondence related to the Proposal. If using an express delivery service, the


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package must be delivered to the designated building and office. Packages delivered by express mail services to other locations might not be re-delivered in time to be considered. If using an express delivery service, the package must be delivered to the designated office and not to CTA’s Central Receiving facilities.

6.1.7 Late Proposals

The Respondent(s) remains responsible for ensuring that its Proposal is received at the time, date, place, and office specified. CEDA assumes no responsibility for any Proposal not so received, regardless of whether the delay is caused by the U.S. Postal Service, CEDA Postal Delivery System, or some other act or circumstance.

6.1.8 Schedule of Revisions to RFP Schedule

Should the Respondent(s) consider that changes in CEDA’s RFP schedule are required; the Respondent(s) shall submit a revised summary schedule with an explanation for the revision for CEDA’s review. CEDA will be under no obligation to accept revised schedules.

6.2 SUBMISSION REQUIREMENTS 6.2.1 Cover Letter

The cover letter shall be signed by an authorized representative of the Respondent(s). The letter shall indicate the Respondent(s) commitment to provide the services proposed at the price and schedule proposed.

6.2.2 Executive Summary

The executive summary should include a brief overview of the Temporary Staffing Services and the key personnel who will be responsible for the services to be provided. The Summary shall also identify the members of the team that comprise the Respondent(s). Indicate the organizational relationship of the team members and include an organization chart for the project.

6.2.3 Qualifications of the Firm

Describe the firm’s previous experience with providing temporary staffing services for projects of similar type as described in the Scope of Services. Provide those skills that demonstrate prior experience in providing similar services. Provide at least five contract examples with firms similar in size to CEDA within the last five years in providing temporary staffing services to a governmental agency and/or not-for profit agencies. Provide a list of references where relevant projects were implemented. Include the name of the contact person, name of the organization, project dollar value, address, telephone number and email address, so CEDA may verify the accuracy of all statements may be completing the reference form found in Exhibit E.

6.2.4 Key Personnel

Provide a chronological resume for each of the key personnel proposed. Identity their specialized experience and professional qualifications as it relates to this contract as describe in the Scope of Services. Each key personnel shall have three (3) references. In addition, provide the time commitment for each key personnel. Indicate the level of their commitment to other projects if any.

6.2.5 Propose Plan of Action

Proposals must contain a brief statement of the company's methodology and relevant philosophy for providing temporary services. In addition, the Respondent(s) must provide a detailed proposed plan of action indicating how all requirements will be met as stated in the Scope of Services and the methodology the implementation plan to successfully meet the goals of CEDA. The proposed plan of action shall include key milestones, staff & schedule, and ability to deliver value with a solution evidenced by cost savings


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6.2.6 MBE/WBE Participation

The Respondent(s) must complete Exhibit C of this document, which will provide a listing of the minority and women business enterprises that will be used on this project and proof of certification for each firm listed. Certification will be accepted from the City of Chicago, CEDA of Cook, State of IL., Women's Business Development Agencies and the Chicago Minority Business Development Council, Inc.

6.2.7 Financial Stability

Provide the audited financial statements for the last two (2) years. Include the letter of opinion, balance sheet, schedules, and related auditor’s notes. Audited Financial Statements for the last two (2) years (Please submit these financial documents in a separate sealed envelope identified as “Confidential”).

CEDA will accept unaudited financial statements which must be accompanied by 2014 and 2015 tax returns.

6.2.8 Price Proposal for New Hires

Provide a detailed cost proposal listing hourly and pay rates charged for each position sourced by the agency including any and all extension options, on the price proposal form. Also, included should be the mark-up percentage. Provide a detailed description of the markup that the firm retains the conversion rates for temp to perm conversions, as well as any additional costs or fees not included in the hourly rate.

6.2.9 Price Proposal for Temporary Year Round LIHEAP Staff

Provide bill rates along with each of the pay rates listed in the Scope of Services including any and all extension options. Also, included should be the mark-up percentage. Provide a detailed description of the markup that the firm retains the conversion rates for temp to perm conversions, as well as any additional costs or fees not included in the hourly rate. Use the chart on page 6 on filling out this pricing form.

6.2.10 Legal Actions

Respondent(s) shall include a detailed description of any disputes they currently are involved in, as well as, a complete list of any lawsuits, judgments occurring within the last five (5) years, and all current liens pending.

6.2.11 A System for Award Management (SAM) number

Provide a SAM number. For information on how to obtain a SAM number for your organization, please refer to the following website: http://www.sam.gov

6.2.12 Dun and Bradstreet Provide a Dun & Bradstreet number. For information on how to obtain a D&B number for your organization, please refer to the following website: http://www.dandb.com

6.2.13 Conflict of Interest

Provide information regarding any real or potential conflict of interest. Failure to address any potential conflict of interest upfront may be cause for rejection of the proposal.

6.2.14 Insurance

Proof of current insurance or ability to obtain insurance coverage outlined in Exhibit A.

6.2.15 Contract

The Contract is provided for information only. Execution of the Contract is not required at the time the proposal is submitted. In the event you disagree with the Contract provisions, submit any exceptions to the standard contract and include the rationale for taking the exception. If you are proposing alternate language, please include the language for consideration.

http://www.sam.gov/portal/public/SAM/

http://www.dandb.com/


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6.2.16 Other Submit any information the Respondent(s) deems pertinent to demonstrate its qualifications to perform the services being requested such as memberships in any professional associations.

6.3 PROPOSAL EVALUATIONS AND AWARD

6.3.1 Interviews CEDA reserves the right to interview any and all Respondent(s) and to discuss rates, hours, etc. and to negotiate best and final pricing. Respondent(s) agree to participate in any subsequent meetings or presentations requested by CEDA in the evaluation of this proposal. In addition, CEDA reserves the right to interview and request work samples/resumes from any temporary provided for any category of work listed in this RFP.

6.3.2 Contract Award

A contract will be awarded to the Respondent(s) whose proposal, in the sole judgment of CEDA; most thoroughly meets the qualifications outlined in this document. CEDA reserves the right to review all proposals submitted for a maximum period of thirty (30) days after the date of submission, and by submitting a proposal, the Respondent(s) agrees that the amount specified in the proposal shall remain in full force and effect for the thirty (30) day period. No contractor shall modify, withdraw, or cancel its proposal or any part thereof for sixty (60) days after the date of submission.

The selected proposal(s) must enter into an Agreement with CEDA within fifteen (15) days following its notification of selection. CEDA in its sole discretion may extend the period up to a maximum 3-day period. CEDA may replace the selected proposal with a replacement if the selected proposal does not sign the Agreement with CEDA by the end of the 15th day or extended period.

SECTION 7 GENERAL CONDITIONS

7.1 Insurance Requirements and Indemnification Proposal must be accompanied by written evidence of the type and amount of insurance maintained by contractor. The Respondent(s) shall indemnify, keep and hold harmless its agents, officials, and employees, against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, costs and expenses, which may in anyway accrue against CEDA in consequence of the granting of this contract, or which may in anyway result there from, whether or not it shall be alleged or determined that the act was caused through negligence or omission by the Respondent(s) or his employees, of a subcontractor of his employees, if any, or of CEDA or its employees. The Respondent(s) shall, at his own expense, appear, defend and pay all charges of attorneys and costs and other expenses arising there from or incurred in connection therewith, and if any judgment shall be rendered against CEDA in any such action, the Respondent(s) shall, at his own expenses, satisfy and discharge them. The Respondent(s) expressly understands and agrees that any performance bond or insurance protection required by this contract, or otherwise provided by Respondent(s), shall in no way limit the responsibility to indemnify, keep and hold harmless and defend the CEDA as herein provided. 7.2 Investigations Prior to Proposal Award CEDA may make such investigations as are deemed necessary to determine the ability of the Respondent(s) to perform the work, and the Respondent(s) shall furnish all such information and data for this purpose as CEDA may request. CEDA reserves the right to reject any proposal if the evidence submitted by, or investigation of such Respondent(s), fails to satisfy it that such Respondent(s) is properly qualified to carry out the obligations of the contract. 7.3 Officials or Employees No officer or employee of the CEDA, or the governing body of the CEDA, who exercises any responsibilities with respect to the purchase to be made, shall during his tenure in office, have any interest, direct or indirect, in any contract or purchase order issued as a result of this proposal process.


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7.4 Exemption from Retailers, Occupation or Use Taxes CEDA is a non-profit corporation recognized by the Internal Revenue Services as a 501 (c) (3) exempt organization and by the State of Illinois as organized exclusively for charitable purposes. CEDA is exempt by law from Retailers Occupation Tax (both State and Local), Use Tax and the Service Use Tax of IL on materials or services purchased in connection with the work. Consultants, Respondent(s) or selected Respondent(s) that perform services for or supply equipment and materials to the CEDA must pay, as a cost of the Work, all existing and future applicable federal, state, and local taxes that apply to them, whether direct or indirect, incurred in connection with the services. The quoted hourly billing rate must include all other Federal, State and/or Local direct or indirect taxes that apply. 7.5 Cost/Ownership of Proposals CEDA owns all Proposals. Proposals will not be returned to select Respondent(s). CEDA shall not be responsible for expenses incurred in preparing and submitting the Proposal. Such costs shall not be included in the Proposal. 7.6 Response to Exhibits Respondent(s) are required to complete and submit detailed responses to this Proposal, including, but not limited to the submittal requirements set forth in section 6.2 of this document and all Exhibits and applicable schedules. 7.7 Confidentiality The Respondent(s) agrees to keep the information related to all contracts in strict confidence. Respondent(s) agrees not to publish, reproduce or otherwise divulge such information in whole or in part, in any manner or form or authorize or permit other to do so, taking such reasonable measures as are necessary to restrict access to the information in the Respondent(s) possession, to those employees on the Respondent(s) staff who must have the information on a "need-to-know" basis. The Respondent(s) agrees to immediately notify, in writing, CEDA's authorized representative in the event the Respondent(s) determines or has reason to suspect a breach of this requirement. 7.9 EEOC Respondent(s) participating on this agreement must display EEO (Equal Employment Opportunities)/AA (Affirmative Action) posters; they must have established policies, processes and forms to address complaints of discrimination by employees and clients. 7.10 Non-Discrimination Respondent(s) participating on this agreement shall not (1) fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his or her compensation, or the term, conditions, or privileges of his/hers employment because of such individual race, color, religion, sex, age, handicap or nationals origin. (2) Limit segregate, or classify employees or applicants for employment in any way which deprives or tends to deprive any individual of employment opportunities or otherwise adversely affect his/hers status as an employee, because of such individuals. 7.11 Drug-Free Workplace Every contract of over $10,000 shall include the following provisions: During the performance of this contract, the contractor agrees to (i) provide a drug-free workplace for the contractor’s employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract or purchase order of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. For the purpose of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a contractor in accordance with this chapter, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of the contract.


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7.12 Appeal and Protest Unsuccessful contractors shall have (5) five calendar days from the date of notification of the contract award to file a written protest with CEDA, through the Procurement Department. The written protest shall include reason(s) for the protest with supporting documentation where appropriate. Appeal/Protest procedures that are required by federal/state program funding sources shall take precedent where applicable take precedent where applicable. The President/CEO or his designee shall conduct a review of all information/documents submitted by the contractor, and shall take other steps as deemed necessary for a fair and impartial process of review. The President/CEO will render a final decision, which shall be binding and without additional appeal rights.


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9. PRICING PROPOSAL FORM FOR NEW HIRES The Proposer declares that they have carefully examined the Request for Proposals documents in its entirety, including any Addenda issue pursuant thereto for the Temporary Staffing Agency Services as prepared by CEDA and has come familiar with all of the conditions under which it must be carried out. The pricing proposal must be submitted in form of hard copy and electronic format.

POSITION TITLE

BASE YEAR BILL RATE

BASE YEAR PAY RATE

% Markup

Option Yr. 1 BILL RATE

Option Yr. 1 PAY RATE

% Markup

Option Yr. 2 BILL RATE

Option Yr. 2 PAY RATE

% Markup

CLERK/ RECEPTIONIST

$ per hr

$ per hr %

$ per hr

$ per hr %

$ per hr

$ Per hr %

OFFICE ASSISTANT

$ per hr

$ per hr %

$ per hr

$ per hr %

$ per hr

$ per hr %

SECRETARY

$ per hr

$ per hr %

$ per hr

$ per hr %

$ per hr

$ per hr %

MAIL CLERK

$ per hr

$ per hr

%

$ per hr

$ per hr

%

$ per hr

$ per hr

%

INFORMATION TECH.

$ per hr

$ per hr %

$ per hr

$ per hr %

$ per hr

$ per hr

%

ACCOUNTING CLERK

$ per hr

$ per hr

%

$ per hr

$ per hr %

$ per hr

$ per hr

%

ACCOUNTANT

$ per hr

$ per hr %

$ per hr

$ per hr %

$ per hr

$ per hr %

ACCT. PAY CLERK

$ per hr

$ per hr

%

$ per hr

$ per hr

%

$ per hr

$ per hr

%

Name of Firm: ________________________________________________ Date: _____________________ Name: ______________________________________________________ Signature: _________________________________________


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9a. PRICING PROPOSAL FORM FOR TEMPORARY YEAR ROUND LIHEAP STAFF The Respondent declares that they have carefully examined the Request for Proposals documents in its entirety, including any Addenda issue pursuant thereto for the Temporary Staffing Agency Services as prepared by CEDA and has come familiar with all of the conditions under which it must be carried out. The pricing proposal must be submitted in form of hard copy and electronic format.

The chart on page 6 is to be used in completing this pricing proposal form.

POSITION TITLE

BASE YEAR PAY RATE (New LIHEAP Staff)

BASE YEAR PAY

RATE (Returning

LIHEAP Staff)

BASE YEAR

BILL RATE

(New LIHEAP Staff)

BASE YEAR BILL RATE

(Returning LIHEAP Staff)

% Markup

Option Yr. 1 PAY RATE (New LIHEAP Staff)

Option Yr. 1 PAY RATE (Returning

LIHEAP Staff)

Option Yr. 1 BILL RATE (New

LIHEAP staff)

Option Yr. 1

Bill Rate (Returning

LIHEAP Staff)

% Markup

CLERK, FILE ROOM

$ 11.00 per hr

$ 11.50 per hr

%

$ 11.00 per hr

$ 11.50 per hr

$ per hr

$ per hr

%

CLERK, GFE.CPR

$ 11.00 per hr

$ 11.50 per hr

%

$ 11.00 per hr

$ 11.50 per hr

$ per hr

$ per hr %

CLERK, RECEIVNG

$ 11.00 per hr

$ 11.50 per hr

%

$ 11.00 per hr

$ 11.50 per hr

$ per hr

$ per hr

%

CLERK, APPEALS

$ 12.00 per hr

$ 12.50 per hr

%

$ 12.00 per hr

$ 12.50 per hr

$ per hr

$ per hr

%

CLERK, PIPP $ 12.00 per hr

$ 12.50 per hr

%

$ 12.00 per hr

$ 12.50 per hr

$ per hr

$ per hr

%

CSR, CALL CENTER

$ 12.00 per hr

$ 12.00 per hr

%

$ 12.00 per hr

$ 12.00 per hr

$ per hr

$ per hr

%

CSR, PARTNER SITE HELP DESK

$ 12.00 per hr

$ 12.00 per hr

%

$ 12.00 per hr

$ 12.00 per hr

$ per hr

$ per hr

%

VERIFIER, APPEALS

$ 13.00 per hr

$ 13.50 per hr

%

$ 13.00 per hr

$ 13.50 per hr

$ per hr

$ per hr

%


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VERIFIER FUEL FUNDS

$ 13.00 per hr

$ 13.50 per hr

%

$ 13.00 per hr

$ 13.50 per hr

$ per hr

$ per hr

%

VERIFIER, FURNACE CLERK

$ 13.00 per hr

$ 13.50 per hr

%

$ 13.00 per hr

$ 13.50 per hr

$ per hr

$ per hr

%

CASE Manager, PIPP

$ 14.00 per hr

$ 14.50 per hr

%

$ 14.00 per hr

$ 14.50 per hr

$ per hr

$ per hr

%

TEAM LEAD, FILE ROOM

$ 13.50 per hr

$ 14.00 per hr

%

$ 13.50 per hr

$ 14.00 per hr

$ per hr

$ per hr

TEAM LEAD, GFE/CPR

$ 13.50 per hr

$ 14.00 per hr

%

$ 13.50 per hr

$ 14.00 per hr

$ per hr

$ per hr %

TEAM LEAD, RECEIVING

$ 13.50 per hr

$ 14.00 per hr

%

$ 13.50 per hr

$ 14.00 per hr

$ per hr

$ per hr %

PROGRAM ASS’T QUALITY ASSURANCE*

See note below

$ per hr

%

See note below

$ per hr

$ per hr

$ per hr

%

PROGRAM ASS’T TEMPORY STAFFING*

See note below

$ per hr

%

See note below

$ per hr

$ per hr

$ per hr

%

*Program Assistant wage will range between $15-20/hour Name of Firm:_____________________________________________ Date:_______________________________ Name:____________________________________________________________ Signature:__________________________________________________


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EXHIBIT A INSURANCE REQUIREMENTS

Contractors must meet the following CEDA standards and maintain at a minimum the types and amounts of insurance coverage set forth below, and must provide CEDA with the certificates evidencing such coverage. CEDA reserves the right to ask for higher levels of coverage.

TYPE MINIMUM ACCEPTABLE LIMITS OF LIABILITY

Worker’s Compensation Statutory-State of Illinois

Employers a. Each Accident

b. Each Employee Disease

c. Policy Aggregate Disease

$500,000.00 $500,000.00 $500,000.00 To the fullest extent allowable by law, the policy must include a waiver of subrogation in favor of CEDA.

Commercial General Liability a. Per occurrence

b. General Aggregate

1. General Aggregate-Per Project

2. General Aggregate Products

Completed Operations Personal and Advertising Injury Fire Legal Liability (any one fire) Medical Expense (any one person)

$1,000,000.00 $2,000,000.00 $2,000,000.00 $1,000,000.00 $1,000,000.00 $1,000,000.00 $100,000.00 $5,000.00 To the fullest extent allowable by law, the policy must include a waiver of subrogation in favor of CEDA.

Umbrella Excess Liability (Coverage must be in excess of Commercial General Liability, Automobile Liability, and Employer's Liability. It shall be no more restrictive than the primary coverage listed.)

$2,000,000.00 over Primary Insurance $1,000.00 retention for Self-Insured Hazards Each Occurrence

Business Auto Liability (This Policy must provide coverage for all owned, non-owned, and hired autos.)

$1,000,000.00

CEDA must be named as additional insured on all coverages noted above. Contractors’ policies must include Primary and Noncontributory status in favor of CEDA. Contractor must name the following as additional insured on all certificates of insurance:

CEDA, its board members, officers, employees, agents, and consultants

All insurance companies must be rated A-VIII or better by the A. M. Best Company.

Contractor's assumption of liability is independent from, and not limited in any manner by, the Contractor's insurance coverage obtained pursuant to this proposal, or otherwise. All amounts owed by Contractor to CEDA as a result of the liability provisions of the Contract shall be paid on demand.


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EXHIBIT B

CONTRACTOR’S AFFIDAVIT

__________________________________________________________________________________ Contractor Name __________________________________________________________________________________

Contractor Address

__________________________________________________________________________

Contractor Telephone Number

Instructions:

FOR USE WITH ALL CONTRACTS. Every Contractor submitting a bid/proposal to CEDA must complete

this Affidavit. Please note that in the event the Contractor is a joint venture, the joint venture and each of

the joint venture partners must submit a separate and completed Contractor's Affidavit. In the event the

Contractor is unable to certify any of the statements contained herein, the Contractor must contact CEDA

and provide a detailed factual explanation of the circumstances leading to the Contractor's inability to so

certify.

I certify that I am authorized to execute this Contractor’s Affidavit on behalf of the Respondent(s) set forth above, that I have personal knowledge of all the information set forth herein and that all statements, representations, information and documents provided in or with this Affidavit and attachments hereto are true and accurate. The Contractor may report any change in any of the facts stated in this Affidavit within fourteen (14) days of the effective date of such change by completing and submitting a new Affidavit.

___________________________________ Company Name

___________________________________

Signature of Authorized Officer

____________________________________ Name of Authorized Officer (Print or Type)

____________________________________

Title


24

All Bidders/Respondent(s) Contractors shall provide the following information with their bid/ proposal/ contract. Complete all blanks by entering the requested information, or, if the question is not applicable, answer with "N/A". If the answer is other, please identify. 1. Date of application: ________________________________________________________________

2. Company: ________________________________________________________________________

3. Parent Company: __________________________________________________________________

4. Contact Name: ____________________________________________________________________

5. Street Address: ___________________________________________________________________

________________________________________________________________________________

6. Mailing Address [if different]: _________________________________________________________

___________________________________________________________________________________

7. Telephone (1): ____________________________________________________________________

Telephone (2): ____________________________________________________________________

8. Fax Number: _____________________________________________________________________

9. Website Address: __________________________________________________________________

10. E-mail Address (include name): _______________________________________________________

11. Employer’s Federal ID# / Social Security #: ______________________________________________

12. DUNS #: _________________________________________________________________________

Contractor is a [ ] Corporation [ ] Sole Proprietor [ ] Partnership [ ] Not-For-Profit [ ] Joint Venture [ ] LLC Date Business Started: _________________________________________________________________

SECTION 1. For Profit Corporations, Limited Liability Corporations, or Not-For-Profit Corporations

a. Incorporated in ____________________________

b. Authorized to do business in the State of Illinois [ ] Yes [ ] No

c. Names of all officers and directors of corporation (or attach a list)

Name & Title

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________

SECTION 2. Partnership

If the bidder/Respondent(s) is a partnership, indicate the name of each partner or attach a list and the percentage of interest of each therein.

Name of Partners Percentage of Interest _____________________________________________________________________ %

_____________________________________________________________________ %


25

_____________________________________________________________________ %

_____________________________________________________________________ %

_____________________________________________________________________ %

SECTION 3. Sole Proprietorships

a. The bidder/Respondent(s) is a sole proprietor and is not acting in any representative capacity on behalf of any beneficiary:

[ ] Yes [ ] No If “No,” complete items b and c. b. If the sole proprietorship is held by an agent(s) or a nominee, indicate the principle(s) for

whom the agent or nominee holds such interest.

Name(s) _______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

c. If the interest of a spouse or any other party is constructively controlled by another person or

legal entity, state the name and address of such person or entity possessing such control and the relationship under which such control is being or may be exercised: _______________________________________________________________________

_______________________________________________________________________

_______________________________________________________________________

SECTION 4. Certification Regarding Suspension and Disbarment

The contractor certifies to the best of its knowledge and belief, that it and its principles are not presently debarred, suspended, proposed for debarment, ineligible or voluntarily excluded from transactions by any Federal, State or local government agency and have not within a (3) year period preceding this proposal been convicted of or had a civil judgment rendered against them for the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or contract under a public transaction, a violation of Federal or State antitrust statues, or the commission of embezzlement, theft forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. Further, contractor certifies it is not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State or Local) with commission of any of the offenses enumerated in Section 2(a) above, and have not within a (3) year period preceding this agreement had one or more public transactions (Federal, State or Local) terminated for cause or default.

SECTION 5. Verification Under penalty of perjury, I certify that I am authorized to execute this Contractor’s Affidavit on behalf of the Contractor set forth on this page, that I have personal knowledge of all the certifications made herein and that the same are true. ___________________________________ ________________________________ Signature of President or Authorized Officer Title ___________________________________ Date


26

NOTARY PUBLIC

On this day, ____________________________________________________ personally appeared before me to me known to be the person(s) described in and who executed the within and foregoing instrument, and acknowledged that he/she signed the same as his/her voluntary act and deed, for the uses and purposes therein mentioned.

Witness my hand and official seal hereto affixed

This _____________ day of __________________________, ________________

Notary Public in and for the State of ______________________________, CEDA of _______________

My commission expires ________________________________________.

Notary Signature _________________________________________________

AFFIX NOTARY SEAL:


27

EXHIBIT C DIVERSITY FORM

GENERAL RESPONDENT(S) INFORMATION: 1. Name of Company: _________________________________________________ 2. Is your company certified as a small, minority, female or disadvantaged business enterprise by a municipal, CEDA, State or Federal agency? [ ] Yes [ ] No 3. If yes, answer the following: a. List agency: _____________________________________________________ b. Attach a copy of your certification letter. 4. Is your firm certified as a minority business by the Chicago Minority Business Development Council? [ ] Yes [ ] No 5. Is your firm certified as a female owned business by the Women’s Business Development Agency? [ ] Yes [ ] No 6. Attach a copy of your certification letter.


28

EXHIBIT D CERTIFICATION REGARDING LOBBYING

Certification for Contracts, Grants, Loans, and Cooperative Agreements

The undersigned certifies, to the best of his or her knowledge and belief, that:

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, ``Disclosure Form to Report Lobbying,'' in accordance with its instructions.

(3) The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Statement for Loan Guarantees and Loan Insurance

The undersigned states, to the best of his or her knowledge and belief, that:

If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, ``Disclosure Form to Report Lobbying,'' in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

____ Signature

Title Organization


29

EXHIBIT E BUSINESS INFORMATION AND REFERENCES

1. How many years has this company been in business? _______________________ 2. Do you have a current business license? [ ] Yes [ ] No

a. In what city or town is the business licensed? ____________________________ 3. Provide the name, telephone number and address of (3) references for jobs whose scope of work is similar to that which is specified in this RFP.

a. Company/Agency Name _______________________________________________ Address ____________________________________________________________

Phone __________________ Contact _________________________

Email Address _______________________________________________________

Type of Business______________________________________________________

b. Company/Agency Name _______________________________________________

Address ____________________________________________________________

Phone __________________ Contact _________________________

Email Address _______________________________________________________

Type of Business______________________________________________________

c. Company/Agency Name _______________________________________________

Address ____________________________________________________________

Phone __________________ Contact _________________________

Email Address _______________________________________________________

Type of Business______________________________________________________


30

THE COMMUNITY AND ECONOMIC DEVELOPMENT ASSOCIATION OF COOK COUNTY, INC.

ACKNOWLEDGEMENT RECEIPT

ADDENDUM I

REQUEST FOR PROPOSALS SPECIFICATION NO. RFP09152016

for

TEMPORARY STAFFING AGENCY SERVICES

Organization:

Contact Name:

Phone #:

Addendum Received by:

Date Addendum Received:

Signature:


31

EXHIBIT H AGREEMENT


32

THE COMMUNITY AND ECONOMIC DEVELOPMENT

ASSOCIATION OF COOK COUNTY, INC

PROFESSIONAL SERVICE AGREEMENT

FOR

TEMPORARY STAFFING AGENCY SERVICES

Name of Contractor: ____________________________________________

1

AGREEMENT

THIS AGREEMENT made and entered into as of ________________________, 2016 by and

between the Community and Economic Development Association of Cook County, Inc. (hereinafter referred to as “CEDA”), and _______________________________________ (hereinafter referred to as “Contractor”).

RECITALS

WHEREAS CEDA is a community action agency for Cook County. CEDA provides economic development and human service programs to address the needs of low-income residents and the underlying conditions which cause those needs. CEDA provides a variety of services in Cook County including but not limited to Weatherization, WIC, Emergency Services for Homeless and Nearly Homeless individuals, Housing Services and Economic Development. WHEREAS CEDA requires the services of a qualified temporary staffing agency as indicated in Specification No. RFP09162016.

WHEREAS ____________________________ located at _______________________________ will provide these services in accordance with the Responsibilities set forth in Section 2 of this agreement, as well as the requirements that led to the initial contract award contained in Specification No. RFP09162016 and proposal attached hereto and incorporated by reference.

NOW THEREFORE, in consideration of the promises contained herein and other valuable consideration, receipt of which is hereby acknowledged, the parties therefore agree as follows:

1. DURATION

Subject to the applicable termination provisions contained in paragraph 12 below, this AGREEMENT shall be effective upon execution by CEDA and will be in effect from that date signed until June 30, 2017. This agreement includes two (2) optional one (1) year extensions to be exercised at the mutual agreement of CEDA and the Contractor. All awards are contingent on the availability of Federal funds or any other type of funding identified for this program. Should there be a reduction in funding; CEDA reserves the right to cancel this contract with a 30-day written notice.

2. AMENDMENTS

Changes to the terms of the contract shall be made in the form of an amendment by mutual

agreement of the parties. CEDA may issue unilateral time extensions to allow for continuation or

completion of the services.

3. RESPONSIBILITIES Contractor shall provide services in accordance with the Scope of Services listed in Section 2 of Specification No. RFP09162016 and incorporated as Attachment 1.

4. PROJECT COST and PAYMENT

Contractor will provide temporary staff at the rate(s) specified in Attachment 2. Contractor will be issued a Purchase Order reflecting the duration of the contract. Contractor will submit monthly invoices of services rendered with a detailed description of the work that was performed.

5. TIME IS OF THE ESSENCE Contractor hereby acknowledge that time is of the essence in the performance of the services

required under this Agreement. Contractor agrees to perform the services with sufficient resources so as to perform the services without undue delay. Further, it agrees to abide by time schedules agreed to in this or as a result of this Agreement and throughout the implementation of the program.


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6. NON DISCRIMINATION Contractor shall not (1) fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual with respect to his or her compensation , or the term, conditions, or privileges of his employment because of such individual race, color, religion, sex, age, handicap or national origin, and (2) limit segregate, or classify employees or applicants for employment in any way which deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individuals, race, color, religion, sex, age handicap or national origin.

7. SUBCONTRACTING AND ASSIGNMENT

Contractor agrees that it must obtain CEDA approval prior to engaging subcontractors to perform any part of the services required under this Agreement. Performance of services by unapproved subcontractors may be disallowed.

This AGREEMENT shall not be altered or otherwise amended except pursuant to an instrument in writing signed by the parties affected hereto. Neither party may assign any of its rights, obligations or liabilities arising hereunder without the prior written consent of the other parties except as otherwise provided herein. Any such assignment shall be null and void.

8. DEEMED INCLUSION

Provisions required by law, ordinances, rules, regulations, or executive orders to be inserted in this AGREEMENT are deemed inserted in the AGREEMENT whether or not they appear in this AGREEMENT, or, upon application by either party, this AGREEMENT will be amended to make the insertion; however, in no event will the failure to insert the provisions before or after this AGREEMENT is signed prevent its enforcement.

9. INSURANCE

Contractor agrees to maintain the types of insurance coverage and the limits set forth in Attachment 3 of this document.

10. INDEMNITY

Contractor shall indemnify, keep and save harmless CEDA, its agents, representatives, officials and employees, against all physical injuries, deaths, losses, damages, claims, suits, liabilities, judgments, costs and expenses (collectively “Liabilities”), which may arise against CEDA to the extent such Liabilities result from the negligence, intentional conduct, or willful misconduct of the company , its employees, agents, representatives, subcontractors or respective employees, agents, or representatives. Contractor shall, at their own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising from their indemnification obligations hereunder, and, if any judgment shall be rendered against CEDA in any such action, “Provider” shall, at his own expense, satisfy and discharge the same. Contractor expressly understands and agrees that any performance bond or insurance protection required by this AGREEMENT or otherwise provided by “Provider” shall in no way limit the responsibility to indemnify, keep and save harmless and defend CEDA as herein provided.

11. CLAIMS AND DISPUTES 11.1 Claims

If the Contractor has a claim regarding a question of fact arising under this Agreement, the Delegate may submit a request for resolution to the CEDA Program Director. The request must be in writing and must include the specific issue(s) that are in question, the relevant facts and documentation, and whether the Contractor wishes to meet informally with the CEDA Program Director regarding the claim. The CEDA Program Director shall contact the Delegate regarding the date, time, and place for the informal meeting. Within thirty (30) days from receipt of the request for resolution or the informal meeting, whichever is later, the CEDA Program Director or his/her duly authorized representative shall issue a written decision and mail or otherwise furnish the decision to the Contractor. The decision of the CEDA Program Director or his/her duly authorized representative shall be final unless the Contractor mails or otherwise furnishes a


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written request for dispute resolution to the CEDA Chief Executive Officer (CEO) within fifteen (15) days from the date the Contractor received the decision from the CEDA Program Director or his/her duly authorized representative.

11.2 Disputes The Contractor’s written dispute resolution request must include the issues the Contractor disputes from the decision from the CEDA Program Director or his/her duly authorized representative, the relevant facts and documentation, and whether the Contractor wishes to meet informally with the CEDA CEO regarding the appeal. The CEO may appoint the Director of Procurement to review the dispute. The CEDA CEO or authorized designee will contact the Contractor regarding the date, time, and place for the informal meeting. Within thirty (30) days from the receipt of the appeal or the informal meeting, whichever is later, the CEDA CEO or his/her duly authorized representative shall issue a written decision and mail or otherwise furnish it to the Contractor. The decision of the CEDA CEO shall be final and conclusive unless otherwise determined by a court of competent jurisdiction. The Contractor shall proceed diligently with the performance of the Agreement in accordance with the CEDA Program Director’s decision pending a final decision from the CEDA CEO.

This Disputes section does not preclude consideration of law questions in connection with decisions provided for in this paragraph, provided that nothing in this Agreement shall be construed as making final the decision of any administrative official representative, or board on question of law.

12. EVENTS OF DEFAULT The Contractor’s failure to perform any of its obligations under the Agreement, including but not limited to the following, are events of default: 12.1 failure to begin the Services at the time specified; 12.2 failure to perform the Services in accordance with the Agreement; 12.3 failure to perform the Services with sufficient personnel, equipment, or materials to ensure the compliance with program requirements; 12.4 persistent or repeated refusal or failure (except in cases for which extension of time is provided) to supply adequate trained personnel or proper materials; 12.5 unauthorized discontinuance of the Services; 12.6 failure to make prompt payment to authorized Subcontractors, if any; 12.7 failure to submit all documents required by the Agreement or CEDA, including but not limited to timely submission of payment requests; 12.8 failure to perform the Services in a manner acceptable to CEDA or in a manner that does not comply with all laws applicable to the Services. 12.9 persistently disregarding laws, ordinances, or instructions of CEDA, or, 12.10 failure to comply with any other term of the Agreement that states an event of default or otherwise engages in a substantial violation of any provision of the Agreement. 12.11 interruption or delay of Services for reasons within the Contractor’s control; 12.12 failure to comply with federal, state, or local safety requirements; 12.13 the Contractor’s default on an Agreement with the CEDA or its funding agencies; 12.14 the Contractor’s failure to be licensed as required; 12.15 Contractor becomes insolvent or bankrupt, attempts assignment of all or any part of the proceeds of this Agreement, makes a general assignment for the benefit of creditors, or if a receiver is appointed on account of insolvency any of which negatively impacts Contractor’s ability to pay Subcontractor or perform the Services.

13. TERMINATION

Either party may terminate this AGREEMENT upon giving the other parties thirty (30) days written notice of its intent to terminate the AGREEMENT. Written notice shall be effective when received by the non-terminating parties either by way of facsimile transmission, by messenger delivery or through the United States mail. In the event that any party gives notice of the termination pursuant to this paragraph, the parties shall continue to render their services until the date of termination and shall be paid their regular compensation up to the date of termination. Should this happen, all parties will provide all reasonable efforts to mitigate damages and prevent unnecessary expenditure of funds.


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13.1 Termination for Cause

Without limiting the generality of the foregoing, CEDA may terminate contract immediately upon giving written notice of default to Contractor pursuant to the paragraph above if any of the events of default listed above occur. Notwithstanding anything to the contrary, CEDA may terminate this agreement, immediately without giving any notice to Contractor for the following: a) Conditions caused by Contractor exist that are detrimental to the health and safety of CEDA

clients or staff at the site being served. b) Contractor files for bankruptcy or voluntary or involuntary dissolution.

13.2 Termination for Convenience

In addition to any other rights of termination or other remedies available to CEDA under the Contract, at law, or in equity, CEDA may, by written notice, terminate this Contract in whole or in part at any time, for the convenience of CEDA or the Federal Government. Upon Contractor’s receipt of such notice, Contractor will immediately cease to perform Services (unless otherwise directed in the notice) and deliver to CEDA all materials, equipment, and supplies as may have been accumulated in the performance of this Contract, whether completed or in process. The Contractor will be paid an equitable portion of the Contract price for Services performed prior to the effective date of termination, but no amount will be allowed for anticipated profit on unperformed Services. If this Contract has been terminated for Contractor’s default and it is determined that the Contractor did not default, the termination will be deemed to have been effected hereunder.

13.3 Compensation upon Termination CEDA will compensate Contractor for services satisfactorily performed prior to the effective

date of termination. Contractor shall, within 60 days of the termination effective date, submit a final invoice with appropriate supporting documentation.

12. OTHER REMEDIES

In the event that Contractor breaches this AGREEMENT, CEDA shall have all remedies available to it under Illinois law. 14.1 Notice to Cure. The President & CEO may provide the Contractor the opportunity to cure the

default. The Contractor must cure the default within 10 Days of receipt of the Notice from the President & CEO, or authorized designee, or such time period stated in the Notice to Cure. If the President & CEO does not receive written acknowledgement from the Contractor that it will cure the default within the stated cure period or if the Contractor does not act to cure the default, the President & CEO may terminate the Contact upon consultation with the Program Director, in which event the termination of the Agreement is final and effective.

14.2 Performance & Compensation Remedies: In the event of a default by Delegate, CEDA, in its

sole discretion, may send the Contractor notice of CEDA’s intent to exercise any or all of the remedies below.

a. The right of set-off against any payments due or to become due to the Contractor. b. The right to take over and complete the Services, or any part thereof, either directly or through

others, and to hold the Contractor liable for any amounts paid for such Services above those amounts CEDA would have paid the Contractor for that same Services

c. CEDA may use the Contractor’s Subcontractors, if any, materials, and equipment to complete the Services. Upon CEDA’s notification to the Contractor invoking this remedy, any and all rights the Contractor may have in or under its sub-agreements are assigned to CEDA. The Contractor must promptly deliver such documents upon CEDA’s request. In case of any sub-agreement so assigned and accepted by CEDA, the Contractor remains liable to the Subcontractor for any payment already invoiced to and paid by CEDA, and for any claim, suit, or cause of action based on or resulting from any error, omission, negligence, fraud, willful or intentionally tortious conduct, or any other act or omission, or breach of Agreement, by the Contractor, its officers, employees, agents, and other Subcontractors, arising prior to the date of assignment to CEDA, when such claim, suit, or cause of action has not been discharged,


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disposed of, or otherwise resolved as of that date. The Contractor must notify its Subcontractors of these requirements.

d. The right to terminate the Agreement as to any or all of the Services yet to be performed. e. The right of specific performance, an injunction, or any other appropriate equitable remedy as

may be applicable. f. The right of money damages, including, but not limited to all expert witness or other consultant

fees, court costs, and attorney’s fees which CEDA may incur in connection with any claim, suit, or action based upon, related to, or arising from, directly or indirectly, an event of default hereunder.

g. The right to withhold all or any part of the Contractor’s compensation yet to be paid by CEDA. h. The right to terminate any or all other Agreements that Delegate may have with CEDA. i. The right to deem the Contractor non-responsible in future Agreements to be awarded by

CEDA.

14.3. Non-exclusivity of Remedies The remedies under the terms of this Agreement are not intended to be exclusive of any other remedies, but each and every remedy is cumulative and is in addition to any other remedies, existing now or hereafter, at law or in equity. No delay or omission to exercise any right or power accruing upon any event of default impairs any such right or power, nor do they waive any event of default or acquiesce thereto, and every such right and power may be exercised by CEDA from time to time and as often as may be deemed appropriate.

14.4 Suspension of Services

CEDA has authority to suspend the Services, wholly or in part, for such period of time as CEDA may deem necessary due to conditions unfavorable for the satisfactory prosecution of the Services, or conditions which, in CEDA’s opinion, warrant such actions; or for such time as is necessary to carry out directions given by CEDA Representative; or to perform any or all provisions of the Agreement. The Contractor will not receive compensation for suspension of part of the Services, except of unavoidable expenses agreed to by CEDA. The Contractor must not suspend Services without written consent from CEDA.

14.5 Court Adjudication of Termination

If the Agreement is terminated by CEDA for cause and it is subsequently determined by a court of competent jurisdiction that such termination, an early termination, was without cause, such termination will thereupon be deemed under “Termination for Convenience,” and the provisions of that section apply.

The parties agree that any suit stemming from this AGREEMENT shall be initiated in the Circuit Court of Cook County, 50 West Washington Street, Chicago, Illinois 60601.

15. NOTICES

Any notice or other written submission required or permitted shall be directed to the specific person designated below: Communications that are not properly directed to the persons designated shall not be binding. The individuals designated below shall be the only individuals eligible to receive any and all written notices under this AGREEMENT.

IF TO CEDA: WITH COPIES TO: President/CEO Chief Financial Officer 567 W. Lake Street, Suite 1200 Chicago, IL 60661 IF TO CONTRACTOR: _______________________________ _______________________________

_______________________________


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16. FEDERAL REQUIREMENTS

16.1 Interest of Members of or Delegates to the United States Congress In accordance with 41 U.S.C. § 22, the Contractor agrees that it will not admit any member of or delegate to the United States Congress to any share or part of the Contract or any benefit derived therefrom.

16.2 False or Fraudulent Statements and Claims

a. The Contractor recognizes that the requirements of the Program Fraud Civil Remedies Act of 1986, as amended, 49 U.S.C. §§ 3081 et seq and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to the Contract. Accordingly, by signing the Contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, or it may make pertaining to the Contract, including without limitation any invoice for its services. In addition to other penalties that may be applicable, the Contractor also acknowledges that if it makes a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986, as amended, on the Contractor to the extent the Federal Government deems appropriate.

b.The Contractor also acknowledges that if it makes a false, fictitious, or fraudulent claim,

statement, submission, or certification to CEDA or Federal Government in connection with an urbanized area formula project financed with Federal assistance authorized by 49 U.S.C. § 5307, the Government reserves the right to impose on the Contractor the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307(n)(1), to the extent the Federal Government deems appropriate.

16.3 Federal Interest in Patents

a. General. If any invention, improvement, or discovery of the Contractor is conceived or first actually reduced to practice in the course of or under the Contract, and that invention, improvement, or discovery is patentable under the laws of the Unites States of America or any foreign country, the Contractor agrees to notify CEDA immediately and provide a detailed report.

b. Federal Rights. Unless the Federal Government later makes a contrary determination in

writing, the rights and responsibilities of the County, Contractor, and the Federal Government pertaining to that invention, improvement, or discovery will be determined in accordance with applicable Federal laws and regulations, including any waiver thereof. Unless the Federal Government later makes a contrary determination in writing, the Contractor agrees that, irrespective of its status or the status of any subcontractor at any tier (e.g., a large business, small business, non-profit organization, institution of higher education, individual), the Contractor agrees it will transmit to the Federal Government those rights due the Federal Government in any invention resulting from the contract.

16.4 Federal Interest in Data and Copyrights

a. Definition. The term "subject data" used in this section means recorded information, whether

or not copyrighted, that is delivered or specified to be delivered under the Contract.

Examples include, but are not limited, to: computer software, engineering drawings and

associated lists, specifications, standards, process sheets, manuals, technical reports,

catalog item identifications, and related information. The term "subject data" does not include

financial reports, cost analyses, and similar information incidental to Contract administration.

b. Federal Restrictions. The following restrictions apply to all subject data first produced in the

performance of the Contract. Except as provided in the Contract and except for its own

internal use, the Contractor may not publish or publicly reproduce subject data in whole or in

part, or in any manner or form, nor may the Contractor authorize others to do so, without the

written consent of CEDA and the Federal Government, until such time as the Federal

Government may have either released or approved the release of such data to the public.


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c. Federal Rights in Data and Copyrights. In accordance with subparts 34 and 36 of the

Common Rule, CEDA and the Federal Government reserve a royalty-free, non-exclusive and

irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for

CEDA or Federal Government purposes, the types of subject data described below. Without

the copyright owner's consent, CEDA and Federal Government may not extend their license

to other parties.

(1) Any subject data developed under the contract or subagreement financed by a federal Grant Agreement or Cooperative Agreement, whether or not a copyright has been obtained; and

(2) Any rights of copyright which the Contractor purchases ownership with Federal assistance.

d. Special Federal Rights for Planning Research and Development Projects. When the Federal

Government provides financial assistance for a planning, research, development, or

demonstration project, its general intention is to increase public knowledge, rather than limit

the benefits of the project to participants in the project. Therefore, unless the Federal

Government determines otherwise, the Contractor on a planning, research, development, or

demonstration project agrees that, in addition to the rights in data and copyrights set forth

above, CEDA or Federal Government may make available to any third party either a license

in the copyright to the subject data or a copy of the subject data. If the project is not

completed for any reason whatsoever, all data developed under the project will become

subject data and will be delivered as CEDA or Federal Government may direct. This

subsection, however, does not apply to adaptations of automatic data processing equipment

or previously existing software programs for the County's use whose costs are financed with

Federal transportation funds for capital projects.

e. Hold Harmless. Unless prohibited by state law, upon request by CEDA or the Federal

Government, the Contractor agrees to indemnify, save, and hold harmless CEDA and the

Federal Government and their officers, agents, and employees acting within the scope of

their official duties against any liability, including costs and expenses, resulting from any

willful or intentional violation by the Contractor of proprietary rights, copyrights, or right of

privacy, arising out of the publication, translation, reproduction, delivery, use, or disposition of

any data furnished under the Contract. The Contractor will not be required to indemnify

CEDA or Federal Government for any such liability arising out of the wrongful acts of

employees or agents of CEDA or Federal Government.

f. Restrictions on Access to Patent Rights. Nothing contained in this section on rights in data

will imply a license to CEDA or Federal Government under any patent or be construed as

affecting the scope of any license or other right otherwise granted to CEDA or Federal

Government under any patent.

16.5 Records and Audits

Contractor will deliver or cause to be delivered all documents (including but not limited to all Deliverables and supporting data, records, graphs, charts and notes) prepared by or for CEDA under the terms of this Agreement to CEDA promptly in accordance with the time limits prescribed in this Contract, and if no time limit is specified, then upon reasonable demand therefor or upon termination or completion of the Services hereunder. In the event of the failure by the Contractor to make such delivery, then and in that event, the Contractor will pay to CEDA reasonable damages CEDA may sustain by reason thereof.

CEDA and the Federal Government will have the right to audit all payments made to the Contractor under this Agreement. Any payments to the Contractor which exceed the amount to which the Contractor is entitled under the terms of this Agreement will be subject to set-off.


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The Contractor will keep and retain records relating to this Agreement and will make such records available to representatives of CEDA and the Federal Government, including without limitation the sponsoring federal agency, other participating agencies, and the Comptroller General of the United States, at reasonable times during the performance of this Agreement and for at least five years after termination of this Agreement for purposes of audit, inspection, copying, transcribing and abstracting.

No provision in this Agreement granting CEDA or the Federal Government a right of access to records is intended to impair, limit or affect any right of access to such records which CEDA or the Federal Government would have had in the absence of such provisions.

16.6 Environmental Requirements

The Contractor recognizes that many Federal and state laws imposing environmental and resource conservation requirements may apply to the Contract. Some, but not all, of the major Federal Laws that may affect the Contract include: the National Environmental Policy Act of 1969, as amended, 42 U.S.C. §§ 4321 et seq.; the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq. and scattered sections of 29 U.S.C.; the Clean Water Act, as amended, scattered sections of 33 U.S.C. and 12 U.S.C.; the Resource Conservation and Recovery Act, as amended, 42 U.S.C. §§ 6901 et seq.; and the Comprehensive Environmental Response, Compensation, and Liability acct, as amended, 42 U.S.C. §§ 9601 et seq. The Contractor also recognizes that U.S. EPA, U.S. DOT and other agencies of the Federal Government have issued and are expected in the future to issue regulations, guidelines, standards, orders, directives, or other requirements that may affect the Contract. Thus, the Contractor agrees to adhere to, and impose on its subcontractors, any such Federal requirements as the Federal Government may now or in the future promulgate. Listed below are requirements of particular concern. The Contractor acknowledges that this list does not constitute the Contractor’s entire obligation to meet all Federal environmental and resource conservation requirements. The Contractor will include these provisions in all subcontracts.

a. Environmental Protection. The Contractor agrees to comply with the applicable requirements

of the National Environmental Policy Act of 1969, as amended, 42 U.S.C. §§ 4321 et seq. in

accordance with Executive Order No. 12898, “Federal Actions to Address Environmental

Justice in Minority Populations and Low-Income Populations,” 59 Fed. Reg. 7629, Feb. 16,

1994; U.S. DOT statutory requirements on environmental matters at 49 U.S.C. § 5324(b);

Council on Environmental Quality regulations on compliance with the National Environmental

Policy Act of 1969, as amended, 40 C.F.R. Part 1500 et seq.; and U.S. DOT regulations,

“Environmental Impact and Related Procedures,” 23 C.F.R. Part 771 and 49 C.F.R. Part 622.

b. Air Quality. The Contractor agrees to comply with all applicable standards, orders, or

regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq.

Specifically, the Contractor agrees to comply with applicable requirements of U.S. EPA

regulations, “Conformity to State of Federal Implementation Plans of Transportation Plans,

Programs, and Projects Developed, Funded or Approved Under Title 23 U.S.C. or the

Federal Transit Act,” 40 C.F.R. Part 51, Subpart T; and “Determining Conformity of Federal

Actions to State or Federal Implementation Plans,” 40 C.F.R. Part 93. The Contractor further

agrees to report and require each subcontractor at any tier to report any violation of these

requirements resulting from any Contract implementation activity to CEDA and the

appropriate U.S. EPA Regional Office.

c. Clean Water. The Contractor agrees to comply with all applicable standards, orders, or

regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33

U.S.C. §§ 1251 et seq. The Contractor further agrees to report and require each

subcontractor at any tier to report any violation of these requirements resulting from any

Contract implementation activity to CEDA and the appropriate U.S. EPA Regional Office.


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d. List of Violating Facilities. The Contractor agrees that any facility to be used in the

performance of the Contract or to benefit from the Contract will not be listed on the U.S. EPA

List of Violating Facilities (“List”), and the Contractor will promptly notify CEDA if the

Contractor receives any communication from the U.S. EPA that such a facility is under

consideration for inclusion on the List.

e. Preference for Recycled Products. To the extent practicable and economically feasible and

to the extent that it does not reduce or impair the quality of the work, the Contractor agrees to use recycled products in performance of the Contract pursuant to U.S. Environment Protection Agency (U.S. EPA) guidelines at 40 C.F.R. Parts 247-253, which implement section 6002 of the Resource Conservation and Recovery Act, as amended, 42 U.S.C. § 6962.

16.7 No Exclusionary or Discriminatory Specifications

Apart from inconsistent requirements imposed by Federal statute or regulations, the Contractor agrees that it will comply with the requirements of 49 U.S.C. § 5323(h)(2) by refraining from using any Federal assistance to support subcontracts procured using exclusionary or discriminatory specifications.

16.8 No Federal Government Obligations to Third Parties

The Contractor agrees that, absent the Federal Government's express written consent, the Federal Government will not be subject to any obligations or liabilities to any contractor or any other person not a party to the Grant Agreement or Cooperative Agreement between CEDA and the Federal Government which is a source of funds for this Contract. Notwithstanding any concurrence provided by the Federal Government in or approval of any solicitation, agreement, or contract, the Federal Government continues to have no obligations or liabilities to any party, including the Contractor.

16.9 Allowable Costs

Notwithstanding any compensation provision to the contrary, the Contractor’s compensation under this Contract will be limited to those amounts which are allowable and allocable to the Contract in accordance with OMB Circular A-87 and the regulations in 49 C.F.R. Part 18. To the extent that an audit reveals that the Contractor has received payment in excess of such amounts, CEDA may offset such excess payments against any future payments due to the Contractor and, if no future payments are due or if future payments are less than such excess, the Contractor will promptly refund the amount of the excess payments to CEDA.

16.10 Trade Restrictions

Contractor certifies that neither it nor any Subcontractor: (1) is owned or controlled by one or more citizens of a foreign country included in the list of

countries that discriminate against U.S. firms published by the Office of the United States

Trade Representative (USTR);

(2) has knowingly entered into any contract or subcontract with a person that is a citizen or

national of a foreign country on said list, nor is owned or controlled directly or indirectly by

one or more citizens or nationals of a foreign country on said list;

(3) will procure, subcontract for, or recommend any product that is produced in a foreign country

on said list.

Further, Contractor agrees that it will incorporate this provision for certification without modification in each subcontract. Contractor may rely on the certification of a prospective Subcontractor unless it has knowledge that the certification is erroneous. Contractor will provide immediate written notice to CEDA if it learns that its certification or that of a Subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. Each Subcontractor must agree to provide written notice to Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances. Nothing contained in the


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foregoing will be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of the Contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18, United States Code, Section 1001.

16.11 Contract Work Hours and Safety Standards Act

If applicable according to their terms, the Contractor agrees to comply and assures compliance with sections 102 and 107 of the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C. §§ 327 through 333, and implementing U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Non-construction Contracts Subject to the Contract Work Hours and Safety Standards Act),” 29 C.F.R. Part 5; and U.S. DOL regulations, “Safety and Health Regulations for Construction,” 29 C.F.R. Part 1926. In addition to other requirements that may apply:

(1) In accordance with section of the Contract Work Hours and Safety Standards Act, as

amended, 40 U.S.C. §§ 327 through 332, the Contractor agrees and assures that, for the

Contract, the wages of every mechanic and laborer will be computed on the basis of a

standard work week of 40 hours, and that each worker will be compensated for work

exceeding the standard work week at a rate of not less than 1.5 times the basic rate of pay

for all hours worked in excess of 40 hours in the work week. The Contractor agrees that

determinations pertaining to these requirements will be made in accordance with applicable

U.S. DOL regulations, “Labor Standards Provisions Applicable to Contracts Governing

Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable

to Non-construction Contracts Subject to the Contract Work Hours and Safety Standards

Act),” 29 C.F.R. Part 5.

(2) In accordance with section 107 of the Contract Work Hours and Safety Standards Act, as

amended, 40 U.S.C. § 333, the contractor agrees and assures that no laborer or mechanic

working on a construction contract will be required to work in surroundings or under working

conditions that are unsanitary, hazardous, or dangerous to his or her health and safety, as

determined in accordance with U.S. DOL regulations, “Safety and Health Regulations for

Construction,” 29 C.F.R. Part 1926.

16.12 Veteran’s Preference

In the employment of labor (except in executive, administrative, and supervisory positions), preference will be given to Vietnam-era veterans and disabled veterans. However, this preference may be given only where individuals are available and qualified to perform the work to which employment relates.

16.13 Accessibility Compliance

If this Agreement involves design for construction, the Consultant warrants that all design documents produced or utilized under this Agreement and all construction or alterations undertaken under this Agreement will comply with all federal, state and local laws and regulations regarding accessibility standards for persons with disabilities or environmentally limited persons including, but not limited to, the following: the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. and the Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities ("ADAAG"); the Architectural Barriers Act, Pub. L. 90-480 (1968), and the Uniform Federal Accessibility Standards ("UFAS"); and the Illinois Environmental Barriers Act, 410 ILCS 25/1 et seq., and all regulations promulgated thereunder , see Illinois Administrative Code, Title 71, Chapter 1, Section 400.110. If the above standards are inconsistent, the Consultant must comply with the standard providing the greatest accessibility. Also, the Consultant must, prior to


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construction, review the plans and specifications to insure compliance with the above referenced standards. If the Consultant fails to comply with the foregoing standards, the Consultant must perform again, at no expense, all services required to be re-performed as a direct or indirect result of such failure.

16.14 Visual Rights Act Waiver

The Consultant/Contractor waives any and all rights that may be granted or conferred under Section 106A and Section 113 of the United States Copyright Act, (17 U.S.C. § 101 et seq.) (the "Copyright Act") in any work of visual art that may be provided pursuant to this Agreement,. Also, the Consultant/Contractor represents and warrants that the Consultant/Contractor has obtained a waiver of Section 106A and Section 113 of the Copyright Act as necessary from any employees and subcontractors, if any.

16.15 Equal Employment Opportunity

All contracts shall contain a provision requiring compliance with E.O. 11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor."

16.16 Copeland "Anti-Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c)

All contracts and sub-grants in excess of $2000 for construction or repair awarded by recipients and sub-recipients shall include a provision for compliance with the Copeland "Anti-Kickback" Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or sub-recipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to the Federal awarding agency.

16.17 Davis-Bacon Act, as amended (40 U.S.C. 276a to a-7)

When required by Federal program legislation, all construction contracts awarded by the recipients and sub-recipients of more than $2000 shall include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 276a to a-7) and as supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction"). Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to the Federal awarding agency.

16.18 Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333)

Where applicable, all contracts awarded by recipients in excess of $2000 for construction contracts and in excess of $2500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 1 ½ times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

16.19 Rights to Inventions Made Under a Contract or Agreement


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Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency.

16.20 Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), as amended

Contracts and sub-grants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA).

16.21 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)

Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient.

16.22 Debarment and Suspension (E.O.s 12549 and 12689)

No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Non procurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and Suspension." This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees.

17. ENTIRE AGREEMENT

This AGREEMENT contains the entire agreement between the parties hereto and the terms of this AGREEMENT are contractual and not a mere recital. This AGREEMENT may not be changed orally.

18. GOVERNING LAW

This AGREEMENT is made and entered into in the State of Illinois, and shall in all respects be interpreted, enforced and governed under the laws of the State of Illinois.

19. BINDING NATURE

The provisions of this AGREEMENT shall be binding upon and inure to the benefit of each of the parties hereto and their respective successors and assigns.

20. SEVERABILITY

If any provision of this AGREEMENT is determined to be invalid, illegal or unenforceable, the remaining provisions of this AGREEMENT shall remain in full force and effect provided that the economic and legal substance of the transactions contemplated are not affected in any manner materially adverse to any party. In the event of any such adverse determination, the parties hereto agree to negotiate in good faith to modify this AGREEMENT to fulfill as closely as possible the original intent and purposes hereof.

21. CONFIDENTIALITY

Contractor agrees to keep the information related to all CEDA work in strict confidence. Contractor agrees not to publish, reproduce or otherwise divulge such information in whole or in part, in any manner or form or authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to the information in the selected Contractor’s possession, to those employees on Provider’s staff who must have the information on a “need-to-know” basis. Contractor


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agrees to immediately notify, in writing, CEDA’s authorized representative in the event Contractor determines or has reason to suspect a breach of this requirement.

22. CONFLICTS OF INTEREST

No member of the Board of Directors, officer, employee or agent of CEDA who exercises any functions or responsibilities in connection with the carrying out of the project will have any personal or financial interest, direct or indirect, in the AGREEMENT. Contractor represents that they presently have no interest and will not acquire any interest, direct or indirect, in the project to which this AGREEMENT pertains which would conflict in any manner or degree with the performance of their work hereunder. Contractor covenants that in their performance of the AGREEMENT, no person having any such interest shall be employed.

[ ] To the best of our knowledge, the undersigned company has no potential conflict of interest due to

any other clients, contracts, nepotism or property interest for this project.

OR

[ ] The undersigned company, by attachment to this form, submits information which may be a

potential conflict of interest due to other clients, contracts, nepotism or property interest for this

project.

Failure to check the appropriate blocks above and failure to provide documentation of a possible

conflict of interest may result in termination of the AGREEMENT. CEDA and Contractor have carefully read the foregoing AGREEMENT and they know and understand the contents hereof and that they sign the same as their own free act and deed. Signatories for CEDA and Contractor are authorized to bind their respective entities to this agreement. COMMUNITY & ECONOMIC DEVELOPMENT ASSOCIATION OF COOK COUNTY, INC. __________________________________ _______________________ Signature Title ______________ _______________________ Name (Print or Type) Date CONTRACTOR: ___________________________________________________ __________________________________ ________________________________ Signature Title __________________________________ _______________________ Name (Print or Type) Date


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Attachment 1 Scope of Services


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Attachment 2 Compensation Schedule

Contractor shall be compensated based on the schedule of prices detailed below.


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Attachment 3 Insurance Certificate