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Oracle eBusiness Application Supplemental Support Services Request for Proposal JULY 24, 2013 - 1 - REQUEST FOR PROPOSAL Oracle eBusiness Application Supplemental Support Services P-1157 June 24, 2013 This Request for Proposal (RFP) is being sent to pre-qualified consulting firms to act as the Consultant to provide technical and functional support on an as-needed basis. Proposals for providing these services will be received until the close of business (4:30 P.M.) on Friday, July 5, 2013. Proposals are to be delivered to: Julius Ciaccia, Executive Director Northeast Ohio Regional Sewer District 3900 Euclid Avenue Cleveland, OH 44115-2504 Attn: Donice Bell, Manager of Information Technology Project Management Services Late submittals will not be considered. RFP Schedule Issue Oracle Application Supplemental Support Services RFP June 24, 2013 Submittal of Oracle Supplemental Application Support Services July 8, 2013 Consultant Proposals Consultant Interviews (Exact times to be determined) July 15, 2013 Consultant Selection July 19, 2013 Consultant Contract Award Notice to Proceed August 1, 2013 (Meeting of the Board of Trustees) Perform Oracle Application Supplemental Support Services August 12, 2013 Scope of Work

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Oracle eBusiness Application Supplemental Support Services Request for Proposal – JULY 24, 2013

- 1 -

REQUEST FOR PROPOSAL

Oracle eBusiness Application Supplemental Support Services

P-1157

June 24, 2013

This Request for Proposal (RFP) is being sent to pre-qualified consulting firms to act as the Consultant to

provide technical and functional support on an as-needed basis. Proposals for providing these services

will be received until the close of business (4:30 P.M.) on Friday, July 5, 2013. Proposals are to be

delivered to:

Julius Ciaccia, Executive Director

Northeast Ohio Regional Sewer District

3900 Euclid Avenue

Cleveland, OH 44115-2504

Attn: Donice Bell, Manager of Information Technology Project Management Services

Late submittals will not be considered.

RFP Schedule

Issue Oracle Application Supplemental Support Services RFP June 24, 2013

Submittal of Oracle Supplemental Application Support Services July 8, 2013

Consultant Proposals

Consultant Interviews (Exact times to be determined) July 15, 2013

Consultant Selection July 19, 2013

Consultant Contract Award – Notice to Proceed August 1, 2013

(Meeting of the Board of Trustees)

Perform Oracle Application Supplemental Support Services August 12, 2013

Scope of Work

Oracle eBusiness Application Supplemental Support Services Request for Proposal – JULY 24, 2013

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The RFP is organized as follows:

SECTION I. INTRODUCTION

SECTION II. SCOPE OF WORK

SECTION III. TRANSFER OF RECORDS

SECTION IV. SCHEDULE

SECTION V. PROPOSAL FORMAT AND REQUIRED INFORMATION

SECTION VI. EVALUATION OF PROPOSALS

SECTION VII. SELECTION PROCESS

SECTION VIII. OTHER INFORMATION

SECTION IX. SUBMISSION OF PROPOSALS

Oracle eBusiness Application Supplemental Support Services RFP - Figures and Attachments

Additional information specific to this RFP is provided through the following attachments at the end of

this document.

Attachment A Consultant Resume Form

Attachment B NEORSD Standard Clauses for Professional Services Agreements

Attachment C Cost Summary Form

Oracle eBusiness Application Supplemental Support Services RFP - Appendices

The appendices are provided for information purposes.

Appendix A NEORSD Information Technology Dept System Layout and Interface Hierarchy

Oracle eBusiness Application Supplemental Support Services Request for Proposal – JULY 24, 2013

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SECTION I – INTRODUCTION

Overview

The District has recently upgraded the eBusiness Suite of applications from v11.5.10 to R12.1.3.

In addition to the upgrade, the District is in the midst of implementing an additional six (6)

Oracle modules to support the District’s procurement process. With this implementation, the

District’s Oracle footprint would increase to a total of seventeen (17) modules which requires

significant application support and maintenance. The intent of this RFP is to obtain from

selected service providers specific supplemental application support services for the Oracle R12

environment, in order to work with the District’s business user community, to design, develop,

assist with deployment and maintain applications for the District’s Finance and Human Resource

environments.

The District is seeking service providers with the ability to provide skilled resources in the

following areas. This list is not all-inclusive; other types of resources may be required over the

period covered by this agreement.

Design & Architecture

a. Business Process Design

b. Enterprise Architecture (SOA and Web Services)

c. Design and Prototyping

Quality Assurance, Deployment & Maintenance Assistance

a. Quality Assurance

b. Testing (Unit/System/User Acceptance)

c. Deployment Planning/Change/Configuration Management

d. Functional Training to the Business User Community

e. Developer Support, API Documentation

The Service Provider(s) will work closely with the District’s technical and functional staff to review and

enhance existing Oracle interfaces; assist with identification, testing, validation and process definition of

Oracle R12 functionality enhancements; provide recommendations and assistance to enhance the efficient

use of the system; facilitate the development of effective best practices within the use of the application;

and transfer knowledge between Oracle modules and their impact.

Key tasks and responsibilities for the selected supplemental service provider under a contract awarded

from this RFP include the provision of Oracle Application Support resource for services up to forty (40)

hours per week over a twelve (12) month period.

In addition, the Service Providers should demonstrate the ability to work with a wide range of application

development tools, as well as the incorporation of the integration with eBusiness and Enterprise Resource

Planning systems, specifically SharePoint.

Oracle eBusiness Application Supplemental Support Services Request for Proposal – JULY 24, 2013

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Background Information

NEORSD

The Northeast Ohio Regional Sewer District is a political subdivision of the State of Ohio

created and operating under Chapter 6119 of the Ohio Revised Code. Originally named

Cleveland Regional Sewer District, it was created in 1972 to assume ownership, operation and

management of wastewater collection, treatment and disposal facilities serving the member

communities in the Cleveland metropolitan area.

District Administration is located at 3900 Euclid Avenue, Cleveland, Ohio 44118. This location

also includes the Engineering & Construction, Operations & Maintenance Administration,

Employee Resources, Finance, Legal and Information Technology Departments.

In addition to the District Administration Building, the District owns and operates an

Environmental and Maintenance Services Center (EMSC) and three wastewater treatment

facilities:

Westerly Wastewater Treatment Plant, located at 5800 West Memorial Shoreway,

Cleveland, 44102 (near Edgewater State Park);

Southerly Wastewater Treatment Center, located at 6000 Canal Road, Cuyahoga

Heights, 44125 (near the Interstate 77/Interstate 480 intersection); and

Easterly Wastewater Treatment Plant, located at 14021 Lakeshore Boulevard,

Cleveland, 44110 (near the Cleveland/Bratenahl border)

The Environmental and Maintenance Services Center (EMSC), located at 4747 East 49th Street

(north of the Southerly Wastewater Treatment Center) houses the Sewer Maintenance & Control

Department, the Water Quality & Industrial Surveillance Department, Analytical Services,

Inventory Control and Vehicle Maintenance.

ORACLE EBUSINESS HISTORY

In 2005, The District implemented the Oracle eBusiness Suite version 11.5.9 using Oracle’s

Application Implementation Methodology (AIM) to replace two VAX applications, Cyborg

(Human Resources) and CODA (Financials).

The modules implemented were:

Oracle Advanced Benefits

Oracle Training Administration (currently known as Oracle Learning Management)

Oracle Human Resources

Oracle iRecruitment

Oracle Self-Service Human Resource

General Ledger

Accounts Payable

Oracle eBusiness Application Supplemental Support Services Request for Proposal – JULY 24, 2013

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Accounts Receivable

Fixed Assets

Project Costing

*iExpense

*Currently not in the District’s production environment as of the date of this RFP

The Information Technology Department (IT), Functional Application Administrators (AA) and

the functional staff have performed, generally with outside assistance, all of the District’s

upgrades and modifications.

In June 2012, the District began the search for a consulting firm to assist with the upgrade from

the current environment, 11.5.10.2 to the latest Oracle eBusiness Suite of Applications, Release

12.1.3, running against the latest stable RDBMS Version available, 11g. In addition to the

upgrade, the District will implement the Oracle Purchasing, Inventory, Sourcing, iSupplier,

iProcurement, Order Management, Business Process Execution Language (BPEL), and the

Oracle Integration Pack (“Accelerator”) for the Oracle eBusiness and Work Asset Management

(WAM) systems.

Below are the phases the project formed into:

Phase I (Ended November 2012)

1. Completed an assessment of the current environment and practices

2. Recommendation provided of Business Process Improvements

3. Provision for Oracle R12 upgrade and eProcurement implementation planning

Phase II (Began January 2013)

1. Perform upgrade and the implementation of eProcurement, including the approved

business process improvements identified in Phase I

Phase III (Anticipated ramp up November 2013)

1. Institute on-going support plan

The upgrade project incorporated all the functionality contained in the current release, including

the minimal customizations and extensions in place; migration of all data to the new release; full

unit, system, integration and acceptance testing; as well as post upgrade support and training for

users. Changes and improvements in business processes were seen as an optional opportunity to

reduce customizations and extensions as a result of new functionality available in Release 12.

INFORMATION TECHNOLOGY ENVIRONMENT

The District’s information system infrastructure consists of two physically separated networks:

the business network and the process control network. The process control network support

plant automation and control process at the District’s wastewater treatment plants and collection

system.

Oracle eBusiness Application Supplemental Support Services Request for Proposal – JULY 24, 2013

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The District business network environment is the platform for the District’s business information

systems supporting many District departments, including Finance, Human Resources, Operations

& Maintenance, Analytical Services, and Customer Service. Key enterprise applications at the

District are:

Oracle eBusiness - Human Resources, Finance, Organization & Employee Development

(OED)

Oracle Work & Asset Management – Operations &Maintenance

Kronos – Finance, HR and all departments

GIS (Geographical Information System) – Watersheds and various departments

LABLynx (Laboratory Information System) – Analytical Services

ODMS (Operational Data Management System) – Operation & Maintenance

Payroll services are provided by ADP. The District runs an interface with ADP to provide

employee timekeeping and salary data. The procurement and inventory control functions are

currently supported through the Purchasing & Inventory modules of the Oracle WAM system.

In 2013, the District will migrate these functions from Oracle WAM to Oracle EBS. The District

maintains maintenance and support agreements with our application vendors to have access to

application patches and upgrades.

Customer billing is currently performed by four billing agents, the largest being Cleveland

Department of Public Utilities using the Oracle Customer Care & Billing System (CC&B). In

2013, the District began providing stormwater management services, which entailed an

additional billing fee for our customers. The District bills a small subset of customers directly

leveraging the basic functionality of Oracle EBS.

Finally, there are several interfaces providing data exchange amongst the District business

systems. These have been developed internally with assistance from Oracle. An overview of the

District’s systems and interfaces is provided in Appendix A.

Additional information about the District, its history and operations is available at the District’s

Internet site at www.neorsd.org

Oracle eBusiness Application Supplemental Support Services Request for Proposal – JULY 24, 2013

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Overview of Business Initiatives

Wastewater & Stormwater Billing

The District currently bills a small subset of customer utilizing basic functionality in

Oracle EBS to generate a billing file. A third-party entity provides the mailing and

collections services. Current billings are for wastewater service. Upon completion of

the R12 upgrade, the District will begin to configure the system stormwater fee

information in the aforementioned billing file. This is currently being planned through

internal resources.

Performance Management

The District has begun implementation of an employee performance management

system. Currently in its early stages, the system is currently addressing the performance

evaluation process. The District is presently exploring a pay-for-performance

framework and moving the entire performance evaluation business process to Oracle

EBS.

Business Process Improvements

The current Oracle R12 Upgrade and eProcurement project includes a scope of work to

implement several business process improvements identified in an earlier assessment.

Additional business process improvements in Finance, HR, OED and Purchasing have

been identified and which are not part of the scope of the R12 Upgrade.

Oracle eBusiness Application Supplemental Support Services Request for Proposal – JULY 24, 2013

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SECTION II – SCOPE OF WORK

The District is looking for an Oracle eBusiness application support services developer that has a

mixture of technical and functional skills to support the District’s Oracle R12 environment.

Given the District’s current staffing and ongoing project initiatives, the District would emphasize

technical skill sets over functional. The major role of the support service provider is as follows:

Provide support and make recommendations to end users by research, troubleshooting

and evaluation of issues

Develop, test and assist with implementation of business process improvement initiatives

Analysis of current business and technical processes and identify opportunities for

efficiencies

Review and modify existing interfaces to gain efficiencies

Provide support for future Oracle eBusiness initiatives and goals

Develop, deploy and test technical objects (views, tables, functions, packages, etc) that

exist in Oracle applications environment based upon standards and best practices

Delivery of functional user training

Update District eBusiness documentation

In fulfilling its duties, the application support resource(s) is/are expected to ensure daily support

for each Oracle eBusiness program goal: maintain customer satisfaction, ensure systems

performance, maintain and improve processes, and ensure knowledge transfer. Overall, the

District is seeking uninterrupted performance of the specified applications as the primary

outcome of this objective. This includes performance outcomes such as timeliness,

responsiveness, and accuracy in addressing issues and implementing changes.

REQUIRED QUALIFICATIONS

Training & Certification

Minimum of five (5) years’ experience of Oracle eBusiness technical development

Oracle Developer Certification

Oracle EBS R12: eBusiness Essentials for Implementers

Knowledge of underlying Oracle ERP applications database architecture

Project Management, Quality Assurance, Web Technologies: Java, ASP, .NET,

JavaScript

Oracle eBusiness Application Supplemental Support Services Request for Proposal – JULY 24, 2013

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Tools & Languages: SQL, PL/SQL, SQL Developer, SQL*Plus, Oracle Workflow

Builder 2.6.3 or later, Oracle Applications Framework, XML, Oracle JDeveloper, Oracle

Business Intelligence Publisher

Desired Skills & Experience

Skill Group Specific Skills

Areas of

Expertise

Application development/support of Oracle EBS R12, Human Resource,

Finance and Purchasing Business Process

Platforms Windows 7, XP, Linux

Databases Oracle 10g, 11g

Tools and

Languages

Proficient: 11g Desktop and Administrator, MS Visual Basic/Visual Studio,

XML Publisher

Experienced: TOAD, MS Office Tools, JavaScript, HTML, XML

Familiar: C++, EDI, FileNet, Oracle Fusion Middleware

Enterprise

Systems

Oracle Service Oriented Architecture (SOA), Business Process Execution

Language (BPEL), Oracle Portal

The proposal should include the consultant’s experience with similar projects, methods used,

availability, anticipated timeline, fee structure, etc. See Attachment A, Consultant Resume

Form, for required details.

Respondents interested in submitting proposals to provide such services are required to follow

the recommended guidelines and instructions contained in this Request for Proposal. In the

event it becomes necessary to revise any part of this RFP, revisions will be provided by addenda

posted on the District’s website, https://www.neorsd.org/neorsd_bids.php.

Contract Requirements

Form of Agreement: The Supplemental Application Support Consultant selected for

contract award from this RFP will be invited to into a Professional Services Contract with

the District. The terms and conditions that will govern the Contract can be found in

Attachment B of this RFP, “NEORSD Standard Clauses for Professional Services

Oracle eBusiness Application Supplemental Support Services Request for Proposal – JULY 24, 2013

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Agreement.” The District will consider modifications to the standard terms and

conditions prior to execution of the Contract. The Contract will become effective upon

execution by both parties.

Rates: Vendors must supply rates for supplemental support services, whether the rate

includes travel, expenses, etc. Making certain that all variations of the rate are identified

and explained where necessary.

The District expects to receive the lowest pricing the vendor is charging other

organizations contracting for similar services. The District reserves the right to terminate

the contract if, in the District’s opinion, prices are deemed out of line with the general

marketplace.

Term: The initial contract term shall be for a period of twelve (12) months which may

be extended upon the mutual written agreement between the parties to the Contract.

Compliance: Before the District will execute any Contract awarded from this RFP, the

successful proposer must:

o Be a registered vendor within the District’s vendor registry. Go to

https://www.neorsd.org/vendor_registration.php/vendor_registration and register

prior to submittal of proposal.

o Avoidance of personal and organizational conflicts of interest as prohibited by

State and Local law.

Oracle eBusiness Application Supplemental Support Services Request for Proposal – JULY 24, 2013

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o

SECTION III – TRANSFER OF RECORDS

It is the intent of the District that the Oracle eBusiness Application Supplemental Support

Services resources’ effort be conducted in a manner that maximizes the District's flexibility

regarding the engagement of other District projects and follow-up studies. Data shall be

collected and formatted in a manner consistent with data from past efforts, standards and/or

guidelines established by the District. Software that would be necessary to conduct additional

studies, design or implementation efforts shall be made available to the District. Prior approval

shall be obtained in writing from the District before commencing any project efforts that utilize

proprietary software.

All records generated during the Oracle eBusiness Application Supplemental Support Services

shall be the property of the District and shall be turned over to the District upon completion or as

directed, including but not limited to data collected, project reports, data files, meeting notes,

project data, graphics originals, etc.

Oracle eBusiness Application Supplemental Support Services Request for Proposal – JULY 24, 2013

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SECTION IV – SCHEDULE

The Oracle eBusiness Application Supplemental Support Services is envisioned as a 12-month

effort. A detailed schedule for the RFP evaluation and selection process is as follows:

Issue RFP to Consultant Short-List June 24, 2013

Submittal of Consultant Proposals July 8, 2013

Consultant Interviews (Exact times to be determined) July 15, 2013

Consultant Selection July 19, 2013

Consultant Contract Award – Notice to Proceed August 1, 2013

(Meeting of the Board of Trustees)

Perform Scope of Work August 12, 2013

Consultants are to include a detailed preliminary project schedule in their technical proposal.

The project schedule shall include anticipated completion dates for key task items. Consultants

are free to include discussion on any recommended schedule modifications, citing reasons for

any recommended schedule modifications.

RFP Questions

Questions regarding this RFP shall be directed to [email protected].

Oracle eBusiness Application Supplemental Support Services Request for Proposal – JULY 24, 2013

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SECTION V – PROPOSAL FORMAT AND REQUIRED INFORMATION

Each Consultant shall submit six (6) copies of the technical proposal. One of these shall be

visibly labeled "Master Copy - Cost Proposal". In addition, an electronic version of the proposal

in PDF format shall be included in either CD or flash drive.

Proposals shall be no more than 25 printed pages, with hard copies printed on sheets of double-

sided recycled paper. All pages will be counted (i.e., each side of a sheet will count as a unique

page, so one double-sided sheet will be counted as two pages) unless indicated otherwise in this

RFP. Sheets that are 11”x17” shall be counted as two pages per side, or four pages if double

sided.

The following information shall be included in the technical proposal:

1. A discussion of the anticipated approach to the project. Section II - Scope of Work contains a

number of requests for items to be discussed in the proposal. In addition, the District invites

alternatives to any approaches embodied in the Scope of Work. Any proposed alternatives

shall be clearly identified in the technical proposal. In developing the level of effort (hours

by tasks), the Scope of Work as provided herein shall be assumed as the base proposal. For

each alternative task proposed, a total level of effort for the proposed alternative shall be

separately identified and an appropriate deduction or addition of task hours shall be included.

The Consultant shall also discuss expected challenges during the project and potential

approaches to these challenges. This part of the proposal will be used to evaluate the extent

to which the Consultant understands the project, its magnitude and its complexity.

2. A statement of the firm's qualifications, including a list of three (3) of the most recent similar

projects completed. The following information shall be included for each project:

Start and end dates of project;

Consultant’s role in the project, and similarities with the Oracle eBusiness

Application Supplemental Support Services;

Contact information (name, address, phone number) of individual responsible for

project at the contracting agency.

3. Résumés of key staff members and/or sub consultants proposed to work on the project. The

roles proposed for each sub consultant as well as their qualifications in that area shall also be

identified in the proposal. The District fully expects that personnel included in the proposal

will be assigned to the project. Any personnel added to the project team or changes of

personnel in significant roles shall be subject to advance approval by the District.

4. Description of your firm’s availability for the Oracle eBusiness Application Supplemental

Support Services and the commitment of resources for the Oracle eBusiness Application

Supplemental Support Services. A discussion of the commitment and availability of key

project personnel shall also be included.

Oracle eBusiness Application Supplemental Support Services Request for Proposal – JULY 24, 2013

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5. A statement indicating that the Candidate has examined background reports and data and

agrees to acquire the additional information needed to perform all aspects of the work as

outlined in this Request for Proposal.

6. Statements confirming that no personal or organizational conflicts of interest are known to

exist between the District and the Consultant and Sub consultants.

7. A statement confirming that all supplements have been received and reviewed by the

Consultant.

8. “By virtue of submitting this Proposal, I certify as a legal representative of the prime firm

that I have reviewed the District’s current Standard Agreement for Professional Services

available on the Consultant and Contractor Resource Page on the District’s internet site

(www.neorsd.org). Any requested exceptions to the standard agreement are stated below.”

9. The Supplemental Application Support Consultant selected for contract award from this RFP

will be invited to into a Professional Services Contract with the District. The terms and

conditions that will govern the Contract can be found in Attachment B of this RFP,

“NEORSD Standard Clauses for Professional Services Agreement.” The District will

consider modifications to the standard terms and conditions prior to execution of the

Contract. The Contract will become effective upon execution by both parties.

10. The initial contract term shall be for a period of twelve (12) months which may be extended

upon the mutual written agreement between the parties to the Contract.

Oracle eBusiness Application Supplemental Support Services Request for Proposal – JULY 24, 2013

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SECTION VI – EVALUATION OF PROPOSALS

Proposals submitted to the NEORSD for the Oracle eBusiness Application Supplemental

Support Services shall be evaluated by the Consultant Selection Committee utilizing the

following criteria.

Scoring Criterion I

Qualifications and commitment of proposed key project personnel

30% of total score.

Scoring will be based on consideration of the following:

1. The experience of proposed supplemental resource(s). Key personnel must have held

responsible positions for similar support services.

2. The ability of the firm to provide appropriate back-up personnel for key positions.

3. The degree to which the personnel and team bring experience in the full range of skills

needed to accomplish the Scope of Work.

4. The specific commitments made in the proposal for staffing key positions.

Scoring Criterion II

Experience and past performance of the firm on similar support services

35% of the total score

This score will be based on:

1. The firm's experience in conducting projects of similar nature and complexity.

2. The ability of the firm to draw upon this experience to benefit the project.

Scoring Criterion III

Interview

30% of the total score

The primary basis for the score will be:

1. Presentation of the selected approach and of the qualifications of key personnel,

2. Answers to questions that may arise from the Oracle eBusiness Application Supplemental

Support Services Selection Committee during the interviews,

3. Questions arising from the interviewing team, and

4. Demonstration of the assigned personnel’s understanding of the District’s goals for the

support services.

Oracle eBusiness Application Supplemental Support Services Request for Proposal – JULY 24, 2013

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SECTION VII – SELECTION PROCESS

Once all proposals have been received, the following steps will be followed to select the

Consultant:

1. The written Proposals will be evaluated and scored by a District Selection Committee

utilizing the following criteria:

Criteria % of Total Score

I. Qualifications 30%

II. Experience 35%

III. Interview 30%

IV. Added Value 5%

2. The District will enter into negotiations with the highest ranked firm to develop a final and

mutually agreed-upon scope of services with a corresponding price for the services to be

performed. If the District cannot reach an agreement with the highest ranked firm, the

District may initiate negotiations with the next highest ranked firm.

3. Upon reaching agreement on the scope and total not-to-exceed price for the project, the

District’s Project Manager will make a recommendation to award to the District’s Consultant

Review Committee (CRC) for review.

4. Upon approval by CRC, District Staff will report to the Board of Trustees and make a

recommendation to enter into an agreement based on the outcome of the negotiations.

5. The selected consultant cannot commence work on any aspects of the project prior to Board

approval and subsequent execution of the District’s Professional Services Agreement.

Oracle eBusiness Application Supplemental Support Services Request for Proposal – JULY 24, 2013

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SECTION VIII – OTHER INFORMATION

The District reserves the right to waive any informalities in the proposals submitted and other

areas of the procurement process.

The District reserves the right to specifically negotiate the price for the Scope of Work for

any consultant or contractor. The District also reserves the right to require that a consultant or

contractor be removed or replaced for reasons including, but not limited to, inability to

negotiate price and scope or past unsatisfactory performance.

Before the District will execute any Contract awarded from this RFP, the successful proposer

must:

o Be a registered vendor within the District’s vendor registry. Go to

https://www.neorsd.org/vendor_registration.php/vendor_registration and register

prior to submittal of proposal.

o Avoidance of personal and organizational conflicts of interest as prohibited by State

and Local law.

Oracle eBusiness Application Supplemental Support Services Request for Proposal – JULY 24, 2013

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SECTION IX – SUBMISSION OF PROPOSALS

Six (6) copies of the technical proposals (6 Proposal copies and 1 sealed Master Copy Cost

Proposal) are to be delivered to:

Julius Ciaccia, Executive Director

Northeast Ohio Regional Sewer District

3900 Euclid Avenue

Cleveland, Ohio 44115-2504

Attn.: Donice Bell, Manager of Information Technology Project Management

Services

Deadline for submission of proposals is 4:30 p.m. on July 8, 2013

Late submittals will not be considered.

All questions regarding this RFP shall be directed to the Project Manager, Donice Bell, via e-

mail only at [email protected].

END OF RFP

ATTACHMENTS AND APPENDICES TO FOLLOW

Northeast Ohio Regional Sewer District Oracle Supplemental Application Support Services Request for Proposal

Attachment A 19 of 48

Attachment A

Oracle eBusiness Application Supplemental Support Services

Consultant Resume Form

Northeast Ohio Regional Sewer District Oracle Supplemental Application Support Services Request for Proposal

Attachment A 20 of 48

ATTACHMENT A: CONSULTANT RESUME FORM

Instructions The Respondent will identify the specific consultant proposed to fulfill the duties outlined in the scope of work. The District understands that the Respondent may not be able to commit the identified consultant due to competition with other projects. However, the Respondent should make every practical effort to propose the specific consultant that would be assigned to the District assuming an August 5, 2013 kickoff.

The District reserves the right to interview and reject any proposed consultant. The District will not finalize the selection of the firm or execute a contract until each consultant has been identified, agreed upon and committed to the project. Consultant substitution must have equal or greater qualifications than the consultant included in the proposal. All consultants proposed must have Oracle R12 experience with at least one entity.

Northeast Ohio Regional Sewer District Oracle Supplemental Application Support Services Request for Proposal

Oracle eBusiness Application Supplemental Support Services Request for Proposal – JUNE 24, 2013

Consultant Name ______________________________________________________________

# Dates From/To Client Reference

Oracle Version or Platform Environment

Information Consultant’s Role and Responsibilities

1.

2.

3.

4.

5.

Northeast Ohio Regional Sewer District Oracle Supplemental Application Support Services Request for Proposal

Oracle eBusiness Application Supplemental Support Services Request for Proposal – JUNE 24, 2013

Consultant Client List _____________________________________________________________________ The below table should be used to provide the consultant’s qualifications, including a minimal list of three (3) of the most recent similar projects that is

representative of this scope. The following information shall be included for each project:

Start and end dates of project;

Consultant’s role in the project, and similarities with the Oracle Supplemental Application Support Services;

Contact information (name, address, phone number) of individual responsible for project at the contracting agency.

# Start/End

Date Client Name Contacting Information Brief Description of Responsibilities

1.

2.

3.

4.

5.

23

Attachment B

NEORSD Equal Employment Opportunity Form

24

AGREEMENT

BY AND BETWEEN

THE NORTHEAST OHIO REGIONAL SEWER DISTRICT

AND

________________________

THIS AGREEMENT made as of this _____ day of ______________, 20__ by and

between the Northeast Ohio Regional Sewer District, a regional sewer district organized and

existing as a political subdivision of the State of Ohio under Chapter 6119 of the Ohio Revised

Code (hereinafter referred to as "District"), by authority of Resolution No. _______, adopted by

the Board of Trustees on ____________ (a copy of which is attached hereto and made a part

hereof as Exhibit "A"), and NAME, ADDRESS (hereinafter known as “Consultant”).

WITNESSETH:

WHEREAS, it is necessary to perform professional services for _______________; and

WHEREAS, in order to perform such services, it is necessary to supplement regularly

employed District staff with outside professional services; and

WHEREAS, the District finds Consultant’s Proposal acceptable and desires to hire and

engage Consultant to supplement the staff of the District and to furnish the services necessary,

in accordance with the Consultant’s Proposal and the terms, conditions and provisions contained

herein. Consultant, pursuant to the information provided in its proposal and evaluated by the

25

District, has been determined to be qualified, competent and the best candidate to provide the

required professional services;

NOW, THEREFORE, it is agreed that the District shall and does hereby employ

Consultant to perform the Services as hereinafter specified; and that, for and in consideration of

the mutual covenants hereinafter stipulated to be kept and performed, it is agreed by and

between the parties as follows:

Section 1. DEFINITIONS

1.1 “District” means the Northeast Ohio Regional Sewer District.

1.2 “Executive Director” means the Executive Director of the Northeast Ohio

Regional Sewer District, his successor, or his Authorized Designee.

1.3 “Consultant” means __________________.

1.4 “Services” means the work and services performed by Consultant as detailed out

in the exhibits to this Agreement.

1.5 “Base Contract Price” means the Consultant’s base contract price for Services as

specified in the original contract scope of Services developed from the Request for Proposal and

the Consultant’s written proposal or revised proposal.

1.6 “Contract Modification” means changes to the original contemplated contract

scope of Services, contract terms and conditions, or Total Contract Price. A Contract

Modification must receive prior authorization by the Executive Director, approval by the Board of

Trustees, and be executed by both parties.

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1.7 “Schedule Variance” means an extension of a task or contract completion

schedule that does not result in the change to the original contract scope of Services or Total

Contract Price.

1.8 “Total Contract Price” means the sum of the Consultant’s Base Contract Price for

the original scope of Services, plus the General Allowance, if applicable.

1.9 “General Allowance” means funds added to the Base Contract Price in a

professional services contract for additional services that were not foreseeable at the time of

scope development but is necessary to complete the project as originally contemplated. A

General Allowance is the Base Contract Price times a defined percentage, not to exceed ten

percent (10%) of the Base Contract Price unless authorized by the Executive Director and

approved by the Board of Trustees.

Section 2. SCOPE OF SERVICES

2.1 Consultant does hereby promise and agree to provide the professional services

as are described in the District’s Request for Proposals dated __________ (the “RFP) (Exhibit

“B”), Consultant’s Proposal dated ____________ (Exhibit “C”), and the Scope of Services

(Exhibit “D”), which generally consist of ________________ (hereinafter the “Services”).

Section 3. REPRESENTATIVES

3.1 Consultant shall designate and authorize ________________, who is an

employee of Consultant, to act as its agent for all purposes under this Agreement, who shall be

available at all times to the representatives of the District for the purpose of notification and

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consultation, and who shall be designated as the Project Manager having overall responsibility

for all phases of Consultant participation in the project.

3.2 For purposes of this Agreement, the agent for the District who is authorized to

bind the District and liaison officer with respect to the matters contained herein shall be the

District's Director of Information Technology, Humberto Sanchez, or his successor, or such

other person designated by the Executive Director. ___________________ shall be designated

as the Project Manager having overall responsibility for all phases of District’s participation in

the project.

Section 4. COMPENSATION

4.1 After submission by Consultant of an itemized billing, the District will pay the

Consultant for the successful completion of the Services referenced in Section 2.1 above,

subject to the terms and conditions in the Agreement documents, up to a maximum amount not

to exceed ________________________ Dollars ($______________.00) (the “Total Contract

Price”).

4.2 The tasks to be performed under this Agreement and their associated budgets

for the scope of Services described in Section 2.1 are as follows:

Task Name Not-to-Exceed Task

Budget

A. $

B. $

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C. $

Base Contract Price $

General Allowance $

TOTAL CONTRACT PRICE $

4.3 Each task budget shall include all Direct Costs, Indirect Costs, Other Direct Costs

and Profit as identified in the Consultant’s Fee Proposal (Exhibit “D”). Task funds may be

reallocated within or between tasks with prior authorization of the Director of Information

Technology, so long as the changes do not result in a change to the original contract scope or

Total Contract Price.

4.4 Tasks may be modified with prior written authorization of the Director of

Information Technology, in which case funds may be shifted from one task budget to another,

in accordance with Section 4.3. In the event funds are not available to perform a modified

Task, or Services are considered to be outside the original contract scope, such items will be

deemed additional services.

4.5 Consultant shall not perform additional services, or incur any expenses which are

not required by this Agreement, and the District shall not be obligated to pay for such services

and expenses until the following conditions have been satisfied:

1. Submittal by Consultant to the Executive Director of written notice prior to the initiation of such additional services, including an estimate of cost (direct labor, indirect costs, other direct costs and profit) and schedule implications and a detailed scope of such services;

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2. Prior approval of the Board of Trustees of the modification of this Agreement by the addition of such services and additional compensation, if any;

3. If the additional services increase the total compensation under this

Agreement, certification of such additional cost by the District’s Finance Director;

4. A written modification to the Agreement; and

5. Written notification to Consultant from the Executive Director directing

Consultant to perform such additional services prior to commencement of the additional services.

4.6 General Allowance funds shall not be utilized without prior written authorization

from the Director of Information Technology to perform such services prior to commencement

of the services.

4.7 Any costs which are paid by the District and are determined by a final audit or

subsequent audit to be non-allowable in accordance with generally accepted cost accounting

principles shall be refunded to the District.

4.8 All funds remaining in the contract at completion of the Services will be retained

by the District.

4.9 The District is exempt from all sales, use, and excise taxes, and the District shall

not be obligated to pay for such taxes. Upon request by Consultant, the District shall provide a

copy of the District’s certificate of tax exemption.

Section 5. METHOD FOR PAYMENT

5.1 All accounting and financial matters relating hereto shall be processed by the

District’s Director of Finance. Payments shall be made by the District on statements only after

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they have been certified by the District's representatives and approved by the Executive

Director.

5.2 No approval or payment made under this Agreement shall be conclusive

evidence of the acceptance of performance under this Agreement either wholly or partially, and

no payment made hereunder shall be construed to be an acceptance of deficient or

unsatisfactory Services.

5.3 Right to Inspect; Right to Audit Books. The Consultant and all subcontractors

shall maintain books, records, documents, and other evidence directly pertinent to performance

of this Agreement in accordance with generally accepted accounting principles. Any authorized

representative of the District shall, at all reasonable times and with reasonable notice, have the

right to inspect and examine the drawings, specifications and other contract documents at

Consultant’s office during the period of their preparation. Further, any authorized

representative of the District shall, at all reasonable times and with reasonable notice, have the

right to audit, inspect and examine the Consultant’s accounting books and financial records for

the Project, including, but not limited to, records of hours expended, personnel utilized,

payments of employee salaries and benefits, and records of payments made to subconsultants.

Section 6. TERM & SCHEDULE

6.1 The term of this Agreement shall begin as of commencement of the Services

hereunder and shall, unless extended by the District, or unless sooner canceled or terminated

pursuant to the provisions hereof, expire _____________________.

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6.2 The completion of the Services in a timely manner is essential. Consultant shall

perform all Services and submit deliverables required by the Agreement within the times

stipulated in the Project Schedule.

6.3 An extension of a project completion schedule or milestones that do not result in

the change to the original contract scope of Services or to the Total Contract Price, may be

granted with prior written authorization from the Director of Information Technology.

6.4 Neither party to this Agreement shall be deemed in default in the performance of

its obligations if that party is prevented or delayed from performing by forces beyond its

control, (hereinafter “Force Majeure”) including, without limitation, acts of God or of a public

enemy; acts of a municipal, state, federal or other governmental legislative, administrative or

judicial entity; any catastrophe resulting from flood, fire, extreme weather conditions, explosion;

labor disturbances; and other cause beyond the control of the non-performing party. Consultant

may be granted a time extension and cost adjustment for its performance based on the

duration of the Force Majeure.

Section 7. STANDARDS OF PERFORMANCE, ERRORS AND OMISSIONS

7.1 Services provided by the Consultant and all of its agents, subcontractors, and

employees under this Agreement shall be performed in a manner consistent with the degree of

care and skill customarily accepted as good professional practices and procedures by members

of the same profession currently practicing under similar circumstances in the Cleveland

metropolitan area, as well as having the experience and qualifications to complete the Services.

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7.2 The District shall not be responsible for discovering deficiencies in the technical

accuracy of Consultant’s Services. During the term of the Agreement, the Consultant shall be

solely responsible for the accuracy of Services and shall promptly make necessary revisions or

corrections to the Services performed to the extent that the necessary revisions or corrections

resulted from Consultant’s negligent acts, errors or omissions, without any additional

compensation from the District.

7.3 Acceptance of Services, including payment for same, shall not relieve the

Consultant of responsibility for subsequent correction of its negligent act, error or omission or

for clarification of ambiguities.

7.4 In the event of any negligent act, error, or omission which the District

determines, using a reasonableness standard, to be the responsibility of the Consultant in any

phase of the service, the correction, repair or reconstruction of which may require additional

field or office work, the Consultant shall be promptly notified and shall be required to perform

such corrective Services as may be necessary without delay and without additional cost to the

District.

Section 8. TERMINATION OF AGREEMENT AND THE DISTRICT’S RIGHT TO PERFORM CONSULTANT’S OBLIGATIONS 8.1 Termination for Cause and Default of Consultant. This Agreement may be

terminated by the District at any time for cause upon written notice to Consultant of such intent

when either the progress or results achieved under this Agreement are unacceptable to the

District, and upon giving Consultant reasonable notice and opportunity to cure such

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unacceptable progress or results, which Consultant fails to perfect. In no event, shall the

reasonable notice be less than thirty (30) calendar days.

8.2 If this Agreement is cancelled by the District prior to completion, Consultant,

within ten (10) working days of such cancellation, shall submit a certified final progress report

of the percentage of Services completed by the date of cancellation. The District shall pay

Consultant for the Services completed as certified in this statement and as approved by the

Executive Director. Notwithstanding any other provision of this Agreement all records,

documents, materials, equipment, and working papers prepared or purchased as part of the

Services under this Agreement shall become and remain the property of the District, and upon

any such cancellation, Consultant shall turn over to the District all records, documents, working

papers, equipment and other materials which should be necessary, in the opinion of the District,

to maintain continuity in progress of the Services by another consultant.

8.3 Upon the occurrence and during the continuance of an event of default, the

District may, but shall not be obligated to, take such actions as the District deems reasonable in

order to cure the act or omission of Consultant that is the basis of the default, and the Total

Contract Price shall be reduced by the cost to the District of taking such actions. Costs

associated with the start-up and shut-down of the Services shall be at Consultant’s expense.

8.4 Termination without Cause. If the District terminates this Agreement without

cause it shall make payment to Consultant for Services performed prior to the date of

termination and reasonable demobilization costs, including any reimbursable expenses, if any

then due, which shall be subject to the District’s review and approval, and which shall not be

34

unreasonably withheld. Consultant shall, as a condition of receiving the payments referred to in

this Section 8, execute and deliver all such documents and take all such steps, including the

legal assignment of its contractual rights, as the District may require for the purposes of fully

vesting in it the rights and benefits of Consultant under such obligations or commitments. The

payment under this Section 8 for termination by the District without cause shall constitute full

and complete satisfaction of any and all damages and claims of Consultant regarding the

Consultant’s performance of the Services and the termination of Consultant’s Services by the

District.

Section 9. INSURANCE

9.1 Consultant shall take out and maintain during the life of this Agreement such

commercial general liability and property damage insurance, wherein the District is included as

an additional insured to the Commercial General Liability and Automobile Liability Insurance

and shall protect itself and the District while performing Services hereunder from claims for

property damages which may arise from operations hereunder, subcontractors, or by anyone

directly or indirectly employed by either of them. All insurance must be provided through

companies admitted to do business in the State of Ohio and rated at least “A” by the A.M. Best

Company.

9.2 All liability policies required in Section 9, Insurance, except for Professional

Liability and Workers’ Compensation, shall be primary and non-contributory to any insurance

maintained by the District.

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9.3 Prior to commencing the Services on site, Consultant shall provide a Certificate of

Insurance, completed and signed by an authorized agent of its insurance company(ies), as

evidence of Consultant’s compliance with Section 9, Insurance, of this Agreement. FAILURE OF

THE DISTRICT TO ENFORCE THIS REQUIREMENT SHALL NOT CONSTITUTE A WAIVER OF

CONSULTANT’S OBLIGATIONS TO PROVIDE INDEMNITY AS SPECIFIED HEREIN. In the event

that Consultant fails to obtain and keep in full force and effect any of the insurance

requirements under this Agreement, the District may purchase, but is not obligated to purchase,

such coverage and use any funds payable to Consultant to satisfy any premium requirements.

The Certificate Holder shall be: The Northeast Ohio Regional Sewer District Attn: Humberto Sanchez, Director of IT 3900 Euclid Avenue, Cleveland, OH 44115 216-881-6600 telephone 216-881-4407 fax Email: [email protected] 9.4 Certificates of insurance shall be deposited with the District. The District

reserves the right to refuse insurance written by an unacceptable company. All policies shall be

endorsed to provide mandatory 30 days written notice of cancellation or non-renewal (10 days

in event of nonpayment) to the District. Failure to inform the District of cancellation or non-

renewal, without securing replacement coverage equivalent to that specified herein, shall

constitute material breach of this Agreement to provide insurance. All deductibles, self-insured

retentions and exclusionary endorsements affecting coverage for the Additional Insureds must

be fully disclosed and are subject to approval by the District. Consultant shall be solely

responsible for and shall solely pay all deductibles, self-insurance or similar retentions.

NONCONFORMING INSURANCE SHALL NOT RELIEVE CONSULTANT OF ITS OBLIGATION TO

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PROVIDE INDEMNITY AS SPECIFIED HEREIN unless waived in writing by the District, and this

obligation shall survive this Agreement even though Consultant has completed its Services and

has been fully paid.

9.5 It is hereby expressly understood and agreed that Consultant shall require any

subcontractor hereunder to provide insurance, to the extent specified herein, also including the

District as an additional insured, except for professional liability insurance or worker’s

compensation.

9.6 General Liability. Consultant shall secure and maintain standard occurrence

general liability insurance, which will include completed operations coverage, protecting

Consultant against claims for bodily injury, death, or property damage which may arise as a

result of Consultant’s actions during the performance of the Services in an amount of

$1,000,000 per occurrence and $1,000,000 general aggregate. The District shall be named as

additional insured under this policy.

9.7 Automobile Liability. In addition to the above, the policy shall contain combined

single limit coverage of not less than $2,000,000 per accident, for “any auto” or “all owned,

hired and non-owned autos.” The coverage shall include contractual liability coverage

applicable to this Agreement and shall name the District as additional insured.

9.8 Professional Liability. Consultant shall purchase and maintain insurance to

protect itself from claims arising out of the performance of professional services caused by its

negligent acts, errors or omissions for which it may be legally liable. The amount of such

insurance shall be in an amount of $1,000,000.00 per claim and in the aggregate. Such

37

insurance shall extend to its legal representatives in the event of death, dissolution or

bankruptcy, and shall cover negligent acts, errors and omissions of the Consultant’s agents,

subcontractors and employees and the liabilities assumed under this Agreement. Such

insurance shall extend to any negligent act, error or omission in the performance of the Services

committed or alleged to have been committed by the Consultant, its agents, subcontractors, or

employees, or any other person or entity for whom the Consultant is responsible. Such

coverage shall be in effect from the date Services are first provided under this Agreement and

shall be maintained in force until the later of (i) the completion of the Services or (ii) official

acceptance of the Services by the District; and, provided that such insurance is generally

available, shall be maintained for an additional period of five (5) years after the later of (i) the

completion of the Services, or (ii) official acceptance of the Services by the District.

9.9 Section 12, Indemnification and Section 9, Insurance shall survive the completion

of the Services to be performed hereunder.

Section 10. WORKERS' COMPENSATION COVERAGE

10.1 Consultant shall at all times during the term of this Agreement subscribe to and

comply with the Workers' Compensation Laws of the State of Ohio, shall pay such premiums as

may be required thereunder, and shall save the District harmless from any and all liability

arising from or under said Act. It shall furnish at the time of delivery of this Agreement and at

such other times as may be requested, a copy of the official certificate of receipt showing the

payment hereinbefore referred.

Section 11. INDEPENDENT CONTRACTOR

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11.1 Consultant shall be and remain an independent contractor with respect to all

Services performed hereunder, and agrees to and does hereby accept full and exclusive liability

for the payment of any and all contributions or taxes for social security, unemployment

insurance, or old age retirement benefits, pensions or annuities, now or hereafter imposed

under any State or Federal law which are measured by the wages, salaries or other

remuneration paid to persons employed by Consultant on Services performed under the terms

of this Agreement, and further agrees to obey all lawful rules and regulations and to meet all

lawful requirements which are now or hereafter may be issued or promulgated under said

respective laws by any duly authorized State or Federal officials; and Consultant agrees to

indemnify and save harmless the District from any such contribution or taxes or liability

therefore.

Section 12. INDEMNIFICATION

12.1 To the fullest extent permitted by law, Consultant shall indemnify and hold

harmless the District, their officers, agents and employees against all losses, damages,

expenses, suits, claims, demands, fines, penalties, awards, liabilities and costs, including

reasonable attorneys fees, to the proportionate extent that the liability, or the underlying harm

causing the liability, is attributable to, may arise out of or be based upon, any negligent error or

omission in any drawings or specifications, other documents or Consultant’s negligent

performance under this Agreement, including injury or death or damage to person or property;

negligent act, error or omission of Consultant, its principals, employees and subcontractors.

39

12.2 At the District’s option, Consultant shall defend or reimburse the District in any

litigation and pay on behalf of the District all sums that the District shall become legally

obligated to pay as a result of any litigation or claims incurred in connection therewith and

satisfy and cause to be discharged such judgments that may be obtained against the District, its

officers, agents, and employees to the extent of Consultant’s indemnification obligations as set

forth above.

Section 12, Indemnification and Section 9, Insurance shall survive the completion of the

Services to be performed hereunder and the termination of this Agreement.

Section 13. ASSIGNMENT OF AGREEMENT

13.1 The District and Consultant bind themselves and their successors, administrators

and assigns to the other party of this Agreement and to the successors, administrators and

assigns of the other party of this Agreement, in respect to all covenants of this Agreement.

Except as stated above, neither the District nor Consultant shall assign, sublet or transfer its

interest in this Agreement without the written consent of the other. Nothing herein shall be

construed as creating any personal liability on the part of any officer or agent of any public

body which may be a party hereto.

Section 14. CONSTRUCTION

14.1 All terms and words used in this Agreement, regardless of the number and

gender in which they are used, shall be deemed and construed to include any other number,

singular or plural, and any other gender, masculine, feminine or neuter, as the context or sense

of this Agreement or any paragraph or clause herein may require, the same as if such words

40

had been fully and properly written in the number and gender. Consultant agrees that no

representations or warranties of any type shall be binding upon the District, unless expressly

authorized in writing herein. The headings of sections and paragraphs, if any, to the extent

used herein are used for reference only, and in no way define, limit or transcribe the scope or

intent of any provision hereof. This Agreement may be executed in any number of

counterparts, each of which, when so executed and delivered in any number of counterparts,

shall be deemed original, but such counterparts together shall constitute but one and the same

instrument. Invalidation of any provisions of this Agreement or any paragraph, sentence,

clause, phrase, or word herein or the application thereof in any given circumstance shall not

affect the validity of any other provision of this Agreement.

Section 15. MISCELLANEOUS

15.1 Copyrights. The Consultant acknowledges and agrees to follow the EPA

requirements of 40 CFR Part 30 regarding copyrights and rights in data for any discovery or

invention which arise or is developed in the course of implementing this Agreement.

15.2 Remedies. The parties agree that all claims, counter-claims, disputes and other

matters in question between the District and the Consultant arising out of or relating to this

Agreement, or the breach thereof, will be decided at law. This Agreement shall be governed by

and interpreted according to the law of the State of Ohio.

15.3 Defective Pricing. The Consultant and subcontractor, where appropriate, warrant

that cost and pricing data submitted for evaluation with respect to negotiated agreements,

lower tier subagreements, and change orders is based on current, accurate, and complete data

41

supported by their books and records. If the District determines that any price (including profit)

negotiated in connection with this Agreement, any lower tier subagreement or any amendment

thereunder was increased by any significant sums because the data provided was incomplete,

inaccurate, or not current at the time of submission, then such price or cost or profit shall be

reduced accordingly; and the Agreement shall be modified in writing to reflect such action.

15.4 Contingent Fees. The Consultant warrants that no person or selling agency has

been employed or retained to solicit or secure this contract upon an agreement or

understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide

employees. For breach or violation of this warranty, the District shall have the right to annul

this Agreement without liability or in its discretion to deduct from the contract price or

consideration, or otherwise recover, the full amount of such commission, percentage,

brokerage, or contingent fees.

15.5 Gratuities. If the District finds after a notice and hearing that the Consultant, or

any of the Consultant’s agents or representatives, offered or gave gratuities (in the form of

entertainment, gifts, or otherwise), to any official, employee, or agent of the District in an

attempt to secure an Agreement or favorable treatment in awarding, amending, or making any

determination related to the performance of this Agreement, the District may, by written notice

to the Consultant, terminate this Agreement. The District may also pursue other rights and

remedies that the law or this Agreement provides.

15.6 Confidentiality. During the performance of Services under this Agreement, the

Consultant will have access to confidential information of the District, including but not limited

42

to, social security numbers, federal taxpayer i.d. numbers, employee and vendor information,

and information related to the operations of the District (hereinafter “Information”). The

Consultant agrees to hold such Information in confidence and shall not disclose such

Information to any third-parties.

Section 16. MBE/WBE/SBE COMPLIANCE

16.1 The Minority- and Women Business Enterprise (“MBE/WBE”) and/or Small

Business Enterprise (“SBE”) subcontracting goals established for this Agreement are ____.

Consultant agrees to comply with the District’s Business Opportunity Program during

performance of this Agreement, including making a good faith effort to meet or exceed the

MBE, WBE and/or SBE utilization goals established for this Agreement in cooperation with the

District’s Office of Contract Compliance.

Section 17. EXHIBITS

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17.1 It is mutually understood and agreed that all Exhibits attached hereto

are made a part hereof as if fully written herein. In the event of any conflict among the

terms of the Exhibits, the Exhibits shall govern in the following order: 1) this

Agreement; 2) the RFP; and 3) Consultant’s Proposal.

The following Exhibits attached hereto are hereby incorporated with and made

a part of this Agreement:

a. Exhibit "A" – Northeast Ohio Regional Sewer District Resolution No. _______ b. Exhibit "B" – The District’s RFP c. Exhibit “C” – Consultant’s Proposal d. Exhibit “D” – Consultant’s Fee Proposal e. Exhibit “E” – Scope of Services

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The parties hereunto have caused this Agreement to be executed and to

become effective on the day and year first above written.

NORTHEAST OHIO REGIONAL SEWER DISTRICT BY:______________________________________ Julius Ciaccia Executive Director

AND:____________________________________ Darnell Brown, President Board of Trustees ******** BY:____________________________________

(Title):_________________________________

________________________________

_______ TAXPAYER I.D. NUMBER

The legal form and correctness of the within

instrument are hereby approved:

Marlene Sundheimer, Director of Law Northeast Ohio Regional Sewer District

By:_____________________________ Katarina K. Waag

Assistant Director of Law

Date:___________________________

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Attachment C

Cost Summary Form

46

Oracle eBusiness Application Supplemental

Support Services

COST SUMMARY FORM

ATTACHMENT C

CONSULTANT

ITEM DESCRIPTION

RATE

ALTERNATIVE

DIRECT COST

ODC's

REIMBURSABLE EXPENSES

TOTALS:

PROJECT TOTAL:

47

Appendix A

NEORSD Information Technology Dept System Layout and Interface

Hierarchy

48

END OF ATTACHMENTS AND APPENDICES