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COOK COUNTY GOVERNMENTOffice of the Chief Procurement Offcer

CONTRACT FOR SUPPLY

DOCUMENT NO. 1635-16205

ELECTRONIC POLLBOOK WORKSTATION AND PROTECTIVE CASEFOR

THE COOK COUNTY CLERK'S OFFICE

PRE-BID MEETING:

DATE". FRIDAY, JUNE 3, 2016TIME: 10:30AMLOCATION: 118N. CLARK ST., ROOM 1018,CHICAGO, IL 60602

APPROVED BYTHE BOARD OFCOOK COUNTY COMNIISSIONERS

OCT 88 2016

BIOS TO BEEKECUTED IN TRIPLICATE

WEDNESDAY JULY 13,2016AT 10:00AM CENTRALSTANDARD TIIIELATE BIDSWILL NOT BECONSIDEREDDELIVER BIDS TO 118N. CLARK ST;, ROOM 1018,CHICAGO, IL 60602

Questions regarding this Bid should be directed to:Ryan Connor, Contract NegotiatorEIIIIAIL: RYAN.CONNORiICOOKCOUNTYILGOV

Toni PreckwinldeCook County Board President

Shannon E.AndrewsChief Procurement Officer

8/2015

CONTRACT NO. I 635-15205

TABLE OF CONTENTS

Section

Instructions to Bidders .

Parle

IB-1

General Conditions

Special Conditions .

Specifications .

Site Inspection Ceriificate

Proposal

GC-1

SC-1

6-1

SI-1

P-1

EXHIBITS:

Exhibit I:

Exhibit II

Exhibit Ill

Identification of Subcontractor/Supplier/Subconsultant Form

Electronic Payables Pmgram Form

Preference for Veteran's Business Enterprise and Service-Disabled Veteran's Business EnterpriseForm

Exhibit IV

Exhibit V

Exhibit Vl

Exhibit Vll

Veteran's Workplace Preference Public Works Contracts Form

Minority-Owned Business Enterprise and Women-Owned Business Enterprise Utilization Plan

Couniy Board Authorization

Economic Disclosure Statement Forms, including Contract and EDS Signature Pages

8/2015

CONTRACT NO. 1635-15205

INSTRUCTIONS TO 6IDDERSBID CONTRACTS

INDEX

Secbon S~ub'ect

IB-01 DEFINITIONS ..

IB-02 PREPARATION OF EDS AND EXECUTION DOCUMENT

IB-03 SITE INSPECTION CERTIFICATE

~Pa e

IB-04 BID DEPOSIT ..IB-05 EXCEPTIONS AND ADDENDUM ..

IB-06 BIDDER REPRESENTATIONS AND WARRANTIES

IB-07 SUBMISSION OF BID PROPOSALS..

IB-08 BID PROPOSALS TO CONFORM TO BID DOCUMENTS.

IB-09 COMPETENCY OF BIDDER.

IB-10 LOCAL BUSINESS PREFERENCE

IB-11 RE-ENTRY EMPLOYMENT EARNED CREDITS ..

IB-12 ELIGIBLE VETERANS BID PREFERENCE FOR PUBLIC WORKS CONTRACT....

IB-13 ELIGIBLE BID PREFERENCE FOR VBEs and SDVBEs.

IB-14 PUBLIC WORKS.

IB-15 CONSIDERATION OF BID PROPOSALS ..IB-16WITHDRAWAL OF BID PROPOSALS ..IB-17 NOTICE OF AWARD ..

IB-18 BID DISPUTES.

IB-19 PERFORMANCE AND PAYMENT BOND.

IB-20 PRICES FIRM ..

IB-21 CASH BILLING DISCOUNTS .

IB22 CATALOGS..

IB-23 AUTHORIZED DEALER/DISTRIBUTOR

I B-24 TRADE NAMES......................

IB-25 SAMPLES ..

5/2015


IB-26 NOTICES ..

IB-27 COMPLIANCE WITH LAWS - PUBLIC CONTRACTS.

IB-28 COOPERATION WITH INSPECTOR GENERAL.

IB-29 CREDIT CARD PAYMENTS .......IB-30 MINORITY AND WOMEN OWNED BUSINESS ENTERPRISE ORDINANCE ....IB-31 COOK COUNTY RECYCLED PRODUCT PROCUREMENT POLICY .....IB-32 ESTIMATED QUANTITIES .

$2015


INSTRUCTIONS TQ BIDDERS

IB41 DEFINITIONSA BIDDER shall mean any Person who submits a Bid.

BID COVER PAGE shall mean the general description of the required services, goods, equipment, orsupplies, the contact informabon of the assigned Contract Negobator or SpeciTication Engineer in the Office ofthe Chief Procurement Officer, and shall include the date, time snd place for boih the submission of BidProposals and the opening of the Bid Proposals.

BID or BID PROPOSAL shall mean a response to the Bid Notice conlaining sll Bid Documents and any otherdocuments or informafion the Bidder is required to provide.

D. BID DOCUMENTS means the documents, specifications, forms and other information necessary and requiredfor s Bid.

E. BID NOllCE means the notice from the CPO regarding a Procursmsnt which shall include: a generaldescription of the Procurement; information netmssary to obtain the Bid Documenls; and the date, time andplace for both the submission of Bids and the opening of the Bids.

F. CONTRACT shall mean any written document to make Procurements by or on behalf of Cook County.

CONTRACT DOCUMENTS shell mean collscbvely ths Bid Cover Page, legal sdverbsement, Bid Notice, BidDocuments, Bid, Economic Disdosurs Statement, MBE/INBE Ufilizslion Plan and any other document requiredby the Chief Procurement OMcer. The above documents shall be considered as one integrated documentsetting forth the obligations of the parties.

H, CONTRACTOR shall mean the Person that enters into a Contract with the County.

L COUNTY shall mean fite County of Cook, a body polEc and corporate of the State of illinois.

DIRECTOR shall mean the pemon or persons authorized by the County to act in connechon with this Contract.Such authorizabon shall not include any power to change the scope of the Contract or to obligate the County topay additional sums beyond the amount of the Contract awarded by the Cook County Board of Commissionersor the Chief Procurement Officer.

K. CHIEF PROCUREMENT OFFICER or CPO shall mean the Chief Procurement Officer of the County of Cookwhose dufies and responsibiMies are more parbcularly described in the Cook County Procurement Code,Chapter 34, Artide IV, Division L

L OCPO shall mean the Oflice of the Chief Procurement Officer of Cook County.

PERSON shall mean any individual, corporation, partnstship, Joint Venture, trust association, Limited LiabilityCompany, sole proprietorship or legal entity.

PROCUREMENT shall mean obtaining supplies, equipment, goods or services of sny ldnd.

O. SPECIFICATIONS shall mean the description of the services, work, goods, equipment, personnel, volume anduss statistics and all requirements for ths scope of work sst forth in the Contract Documents.

USING AGENCY shall mean the departments or agencies within Cook County government induding electedofficials.

IB-1 6/2015

INSTRUCTIONS TO BIDDERS


IEWYZ

A.PREPARATION OF EDS AND EXECUTION DOCUMENTThe Bidder shafi prepare one (1)copy of its Bid Proposal on the proposal forms within the Contract Documentsand three (3) Economic Disdosure Statement and Execution Documents ("EDS"), afi with original signatures.Unless othtawiss stated, afi blank spaces on ths proposal forms shall be fully completed. Bidder beam all

responsibility for error or omissions in the submission of the Bid Pmposal. Bid Proposals and EDS which arenot properly signed may be rejected.

B. lf the Bidder is a corporation, the President and Secretary must execute the EDS. In the event that this Bid

Proposal is executed by someone other than the President, attach hereto a certifie copy of that section of theCorporate By-Laws, resolution or other authorizafion by the Corporation, satisfactory to the County that permitsthe person to execute Bid Proposal for said corporation. If the corporation is not incorporated in the Stats ofillinois, a copy of the Certificat of Good Standing fiom the state of incorporation must be submitted with theEDS.

If the Bidder is a partnership or joint venture, afi partners or joint venturers must execute the EDS, unless onepartner or joint venture has been authorized to sign for the partnership or joint venture, in which case, the

partnership agreement, rssolufion or evidence of such authority, satisfactory to the County, must be submitled.

If the Bidder is a joint venture, attach a copy of the joint venture agreement.

If the Bidder is a member-managed LLC afi members must execute the EDS, unless otherwise provided in theoperating agreement, resolution or other corporate documents. If ths Bidder is a manager-managed LLC, the

manager(s) must execute the Bid Proposal. The Bidder must attach either a certifisd copy of ths operatingagreement, resolution or other authorization, satisfactory to the County, demonstrafing such person has theauthority to execute the EDS on behalf of the LLC. If the LLC is not registered in the State of illinois, a copyof a current Csrtificate of Good Standing from the state of incorporafion must be submitted with the EDS.

E. If the Bidder is a Sole Propdetorship, the sole proprietor must execute the EDS,

A "Partnemhip" "Joint Venture'r "Sole Proprietorship" operating under an Assumed Name must be regislsredwith the illinois county in which it is located, as pnwided in 805 ILCS 405 (2012) and documentation evidencing

registration must be submitted wilh the EDS.

IBM SITE INSPECTION CERTIFICATE

The Bidder shall inspect the job.site to become familiar with the conditions related to the work or services and therequirements set forth in Ihe Bid Documents. Failure of Ihe Bidder to visit the Site shall not re(eve or alter the Bidder's

responsibility for complebng the work or atavkws as required by the Contract Documents.

When required as mandatory in ths Contract Documents, the Bidder shall visit the job-sile and shall carefully examineand become familiar with afi conditions which may in any way affect the performance of the Contract and shall submitcsrtificafion of such inspection along wilh ths Bid Proposal. The dates snd conditions of the site inspection arsdetermined by the County. If the Contract Documents provide that inspecbon of the sits is mandatory, a Bidder's failure

to afisnd all of the required site inspections shall render the Bid Proposal non-responsive.

ISA BID DEPOSITWhen required in ths Contract Documents, the Bid Proposal shall be accompanied by, cashier's check, certified check,bank draft or surety bond in the amount shown in the legal advertisement or as may be prescribed in these Contract

Documents. A certified or cashier's check shall be drawn on a responsible bank doing business in the United States and

shall be made payable to the order of the County of Cook. The surety issuing the bond must have a general rabng of"A", and shall be a Class Vll or higher in gte financial size category as defined by Best Company Inc., Moody's Investor

Services, Standard 5 Poor's Corporation or similar rating agency. The surety must be licensed by the Stats of filinois

Department of Insurance and be listed in the cunsnt U.S. Treasury Circular 570 when federal funds are being used.Failure to submit the bid deposit shall consbtuts a non-responsive Bid Proposal and such Bid Proposal shall be rejected.

IB-2 SI2015



IBu)4 BID DEPOSIT Icon't.)The Bidder hereby agrees that the bid deposit shall be forfeited to the County as liquidated damages snd not as penaltyin the event Bidder fails to comply with IB-15 and IB-17, or otherwise fails or refuses to honor ths Bid Proposal uponaward of the Contract by ths County,

The bid deposit of afi bidders will be returned, with the excepfion of the apparent lowest responsive and responsibleBidder, after the County has awarded ihe Contract. The bid deposit of the lowest responsive and responsible Bidder will

be returned after the Contract has been awarded and the Bidder has submitted afi insurance documentafion and thePerformance snd Payment Bond, as required by the Contract Documents.

IB-05 EXCEPTIONS AND ADDENDUMThe County will not provide oral answers to questions concerning Bid Documents before or subsequent to the mvsrd ofa Contract. If an interpretation or cl riTicafion of the Bid Document is desired by the Bidder or if the Bidder intends torequest a deviabon to the Specificabons, the Bidder shall submit quesbons or request for the deviation to theSpecificabons to the Chief Procurement ONcer prior to the date for inquiries set forth in the Special CondiTions. TheChief Procurement Oflicer will answer questions or requests for deviations to the Speciiications by issuing sn Addendumwhich shall be available to afi Bidders submitting a Bid Proposal. If no Addendum is issued by the Chief ProcurementOificer, then such deviabon or excepfion to the SpeciTicafion shall be deemed rejected. The Chief procurement Officershall reject any Bid containing deviations or exceptions to the Specificalions not previously accepted through a writtenAddendum. Bidder shall acknowledge receipt of each Addendum issued in the space provided on the proposal form.The Bidder's failure to acknowledge in wribng sny issued addenda may result in the CPO finding the Bid non-responsiveand rejecting the Bid. The OCPO shall not allow any Bidder to acknowledge any such addenda, in writing or orally, afterthe Bid Opening.

Afi written requests for clarifications, deviations or excepbons shall be addressed to the Specification Engineer orContract Negotiator listed on the Bid Cover Page:

If the apparent lowest Bidder takes exceptions or deviations to the General Conditions, which are submitted with ihe Bid,the CpO shall reject the Bid as non-responsive in the event that the Chief procurement Oflicer, in his or her sole opinion,delermines such excepbons or deviations to be material.

IB4M BIDDER REPRESENTATIONS AND WARRANTIESThe submission of a Bid shall constitute a representabon and warranty that (i) Bidder has carefully and thoroughlyreviewed the Contract Documents and hss found them complete and free from ambiguities and sufiicient to describe therequired goods, equipment, supplies or services; (ii) Bidder and afi laborers, employees or subconbtractors it intends touse in the performance of this Contract are skilled and experienced in the type of work or services called for by theContract Documents; and (iii) neither the Bidder nor eny of its employees, agenls, suppliers or subcontractors haverelied on any verbal representations from the County, or any of the County's employees, agents, or consufiants, in

preparing Ihe Bid

IB 07 SUBMISSION OF BID PROPOSALSAfi Bidders shall submit the bound copy of the Bid in a sealed envelope and shafi cause the Bid to be delivered to TheOflice of the Chief Procurement Officer, Room 1018, County Building, 118North Clark Street, Chicago, lfiinois 60602 bythe date and hour for the Bid Opening as shown in the Bid. The sealed envelope submilted by ths Bidder shall have theBid label, set forth herein, or shall have the following information on the face of the envelope: Bidderis name, address,subject matter of Bid, Bid or Contract number, advertised date of Bid Opening and Ihe hour designated for Bid Openingas shown in the Contract Documents.

I B-3 8I2015



1845 BID PROPOSALS TO CONFORM TO BID DOCWIENTSThe County will not entertain or consider any Bids: (I) received after the exact time specified in ths Bid; (ii) not

accompanied by the required bid deposit; or (iii) in any other wey failing to comply fully with ths conditions stated in theBid.

IB49 COMPETENCY OF BIDDERNo Contract shall be awarded to a Bidder that is in arrears or is in default to the County upon sny debt or Contract, orthat is a defaulter, as surety or otherwise upon any obligation to said Courriy, or has failed to perform faithfufiy anypreMrous contract with the County.

IB-10 LOCAL BUSINESS PREFERENCEThe Chief Procurement Officsr shall, for all Procursmenls funded solely with County dollars by competitive sealedbkkling, accept ths lowest bid price or lowest evaluated bid price from a responsive or msponsible local business,provided that the Bid doss not exceed ths lowest bid price or lowest evaluated bid price fiom s responsive and

responsible non-local business by mors than five percent (5%].

"Local business" shall mean a Person, irvtuding a foreign corporation authorized to transact business in illinois, having

a bona fide establishment located within the County at which it is Vansacfing business on the date when a Bid issubmeed to the County, and which employs the mNority of its regular, full-time work force chin ths County. A Joint

Venture shall consfriute a Local Business if one or mors Persons that qualify ss e "Local Business" hold interests totaling

over 50 percent in the Joint Venture, even it the Joint Venture does not, at the time of ths Bid submittal, have such abona fide establishment within the County.

IB-11 RE-ENTRY EMPLOYMENT EARNED CREDITSIn sccordanos with section 34-231 through Section 34-235 of ths Cook County Procurement Code, for all Pubiic Works

Contracts, with an estimated Bid Price of 5100,000 or more, ths Bidder shall be permitted but is not required, to submit

an employment plan of Former Ofianders with its Bid Proposal in order to receive an earned credit for future Public

Works Contracts. The Employment Ban shall be approved by the CPO and, if required, the Cook County ReentryEmployment Commifiee. Upon the complefion of a qualifying contract and the Bidder presenfing satisfactory information

and documentation to the CPO, the CPO shall provide the Bidder with an Earned Credit Certilicate, which shall bs valid

for three years from the date of issuance. Ths Bidder shall receive sn earned credit of "/Yo of ths Bid Price for future

public Works Contrads, if 5-10% of the percentage of Total Labor Hours are performed by Former Offenders, snd anearned credit of 1M of the Bid Priice for future Public Works Contracts, if the more than 1055 of the percentage of Total

Labor Hours are performed by Former Olfendsrs. For purposes of this provkfion, "Former Ofsndsrs" shall mean adults

who am residents of the County and who have been convltfiad of a crime. Labor hours" shall mean the total hours ofworkers receiving an hourly Wage who are directly employed at the work site. It shall Irxfiude hours performed by

workers employed by the contractor and sfi subcontractors working at the site. "Labor hours shall not Include hours

worked by nonworldng former, superintendents, owners snd workers who ere not subject to prevailing wagerequirements.

IB-4 8/201 5



IB-12 ELIGIBLE VETERANS BID PREFERENCE FOR PUBLIC WORKS CONTRACTIn accordance with Secfion 34-236 (a) of the Cook County Procurement Code, for all Public Works Contracts, ihe CFOshall give s preference of one percent of the amount of the Conirsct to a Responsible and Responsive Bidder for aPublic Works Contract when such Bidder has committed by aflidsvit to utilize Eligible Veterans for at least five percent ofthe hours worked under such Contract. Failure to u5lize Eligible Veterans in accordance with the aifidavit will result in

breach of Contract.

IB-13 ELIGIBLE BID PREFERENCE FOR VSEs and SDVBEs

In accordance with Section 34-236 (b) of the Cook County Procurement Code, the CPO shall give a preference of fivepercent of the amount of the Contract to a Responsible and Responsive Veteran owned Business Enterprises ("VBEs")or Service Disabled Veteran owned Business Enterprises ('SDVBE") cerlilied by the Contract Compliance Direcnr('CCD"), or by any other entity approved by the CCD.

IB-14 PUBLIC WORKSFor afi Public Works Projects, the Bidder shall comply with Secfion 34-190 of the Cook County Procurement Code,which requires that Public Works Conlracts having an estimated contract price of $100,000 or more, where nototherwise prohibited by Federal or State law, shall have at least 50 percent of the total hours worked on the site byemployees of the Contractor and subcontractors shall be performed by residents of the County.

Afi Bid Proposals for Public Works Construction shell be evaluated to determine, whether the Bidder is responsible, in

accordance with Sedion 34-145 of the Cook County Procurement Code. In accordance wilh Section 34-145 the CPOshall determine whelher the Bidder. (i) is authorized to do business in illinois and the County; (ii) has, as applicable, aFederal Employer Idsnfilication Number or Social Securit)r, (iii) mesio any applicable insurance requirements in the BidDocument; (iv) has cerfilied that it is in compliance with afi provisions of the filinois Prevailing Wage Act, and Stab/ andFederal equal smploymsnt opportunity laws; (v) has cerblied that it par5cipates in active apprenticeship and trainingprograms approved and registered with the United States Department of Labor Bureau of Apprenticeship and Trainingfor each of the trades of work contemplated under the awarded Contract; (vi) contractually requires any subcontractor toparfidpate in active apprenticeship and baining programs approved and registered with the United States Department ofLabor Bureau of Apprenticeship and Tmining for each of the trades of work contemplated under the awarded Contract;and (vii) has agreed to provide Cerlified payrolls as speciTied in the lfiinois Prevailing Wage Act

18-15 CONSIDERATION OF BID PROPOSALSThe County reserves the right to reject or accept any or afi Bid Proposals, to extend the bidding period, to w~ivetechnicalities in the Bid and/or to withdraw or cancel the Bid or to issue a new Bid, i.e., "rebid" prior to award of theContract

Ailsr Bid Proposals ars opened and read aloud, they will be evaluated based on the price, conformance with

Specificsfions, the responsibility of the various Bidders taking into consideration factors including, but not limited to,those noted in I B-09, IB-10 and responsiveness to the County's Minority and Female Owned Business Ordinance.

The Chief Procurement Officer reserves the right to make corrections, alter receiving the Bids, to any clerical errorapparent on the face of the Bid, incWding but not limited to obviously incorrect units or misplaced decimal points, orarithmetic errors. In the event that comparison of the Sdders "Unit pric" and "Total price* submitted for any line itemsreveals a calcula5on error, the Unit Price will prevail.

The Chief Procurement Officer reserves the right to reject any Bid that, in his or her discrefion and authori1y is deemedmaterially unbalanced.

IB-5 8/2015



IB-16 WITHDRAWAL OF BID PROPOSALSBidders may withdraw their Bid Proposals at any time prior to the time specilied in the Bid as the date and hour set forthe Bid Opening. However, no Bidder shall withdrew, cancel or modify ils Bid Proposal for a period of ninety (90)calender days after said advertised Bid Opening.

IB17 NOTICE OF AWARDThe Chief Procurement Oificer shall nobTy the successful Bidder, in wriiting, of award of the Contract by the County within

ninety (90) days from the Bid Opening date. Upon receipt of the Notice of Award, ths Contractor shall prompfiy secure,execute and deliver to the Chief Procurement Oflicer sny documents required herein.

IB-19 BID DISPUTESSection 34-136 of lhe Cook County Procurement Code permits Bidders to file protasis. Any Bidder who reasonablybelieves that the recommended Bidder is not the lowest Responsive and Responsible Bidder, or has a complaint aboutths bid process, msy submit a bid protest, in wriTing, snd directed to ths CPO, within three business days after the dateupon which the CPO posts the recommended Bid for award or execution on the County's website. The bid protest must

speciTy why the protester believes the recommended Bidder is not the lowest Responsive and Responsible Bidder, orwhy the protestor believes the bid procedure was unfair, induding a statement of how the allslmd unfairness prejudicedthe protssbng Bidder and the action requested of the CPO. A bid protest based on an issue which could have beendarified through a request for clarificabon or information pursuant to Section 34-136(d), and IB-05, Communicafions with

the County regarding compe5tive bidding process, will not be considered if fite protesting Bidder failed to make suchrequest When a bid protest hes been submitted, no furiher action shall be taken on lhe Procurement unS ths CPOmakes a decision concerning the bid protest, unless the Using Agency responds in writing and sufficiently demonstratesthat (i) the item to be procured is urgently required and (fi) failure to make the award promptly will unduly delay delivery

or periormance or cause other undue harm.

The CPO shall issue a written decision on ths bid protest to ths protesting Bidder end to any other Bidder alfsctsd bysuch decision as soon as reasonably practicable. If the bid protest is upheld based on a lack of fairness in ihe bid

procedure, the CPO shall re-bid the procurement. If the CPO determines that the recommended Bidder was notResponsive and Responsible, that Bidder shall be disqualified and the CPO may either recommend the lowestResponsive and Responsible Bidder or re-bid. Any CPO decision concerning bid protests shall be final.

IB-19 PERFORISANCE AND PAYMENT BONDWhen required in fifid Documents, the successful Bidder shall furnish a Pertormancs and Payment Bond in the full

amount of the Contract on the County Form, a spedmen of which shall be provided. The Surety issuing thePerformance and Payment Bond must have a general rating of "A" and shall be a Class Vfi or higher in the financial sizecategory as defined by Best's Key Rating Guide-Properly and Casualty, or have such ratings as specified in the ContractDocuments.

In the event that the Bidder fails to furnish the Performance and Payment Bond within fourteen (14) calendar days afterservice of the Notice of Award, the County may elect to retain Bidder's bid deposit as liquidated damages and not as apenalty and reject the Bid. The parties agree that the sum of the bid deposit is a fair estimate of the amount of damagesthat the County will sustain due to the Bidder's failure to furnish the Performance and Payment Bond and the termination

of the Contract.

IB20 PRICES FIRIN

Afi prices quoted in the Bid Proposal shafi be firm and will not be subject to increase during the term of the Contract,except as otherwise provided in these Contract Documents.

IB-21 CASH BILLING DISCOUNTSCash billing or percentage discounts for payment will not be considered in evaluating Bid Proposals.

IB-S 8i201 5



IB-22 CATALOGSEach Bidder shall submit in TRIPLICATE, where necessary or when requested catalogs, descriptive literature, anddetailed drawings, fully detailing features, designs, construction, appointment and finishe not covered in theSpecifications but necessary to fully describe the goods, equipment, supplies or services,

IB-23 AUTHORIZED DEALER/DISTRIBUTORFor goods, equipment and supplies, the Bidder must be one of the following: (i) the manufacturer; (ii) an authorizeddealer/distributoq or (iii) able to promptly secure the necessary genuine parts, assemblies and/or accessories assupplied by the original equipment manufacturer (O.E.M.),along with any necessary schematics or drawings to fulfill thecontractual obligations. With respect to the purchase of vehicles, or seniices related to vehides, the Specifications orSpecial Conditions may require that the Bidder be an authorize dealership of the manufacturer. The Bidder must beable io furnish original product warranty and manufacture/s related services such as product information, product re-callnotices, etc. Proof of ability to transfer product warranty to the County is to be submitted with ths Bid ProposaL

IB-24 TRADE NAfilESln cases where an item is identified by a manufacturer's name, brand name, trade name, catalog number, or reference,it is understood that the Bidder proposes to furnish the ilem identified and does not propose to furnish an alternate butequivalent item, unless the Bidder has proposed and the County has accepted the alternate but equivalent item.

unless the Bid states that no substitute shall be afiowed, the reference to a manufacturer's name, brand name, tradename, catalog number, or reference is intended to be descriptive and not restrictive and to indicate to prospectiveBidders articles that shall be satisfactory. Bid Proposals for other manufacturer names, brand names, trade names,catalog numbers or references shall be considered, provided each Bidder slates on the face of the Bid Proposal whatalternate, but equivalent items are being proposed.

If the Bidder proposes alternate, but equivalent, items, the Bidder must provide ths following: (i) product identfilcaaon,induding manufacturer's name and address; (ii) manufacturer's literature idenfifying the product description, referencestandards and performance snd test data; (iii) samples, as applicable; and (iv) itemized comparisons of the proposedalternate items listing significant variations. If a Bidder proposes alternate items, it warrants and represents that in

making a formal request for substitution that (i) the proposed alternate item is equivalent to or superiior in ail respects tothe item specified in the Bid; and (ii) that the same warranties and guarantees will be provided for the proposed afiemateitems as those specilied in ths Bid. Ths CPO may, in his or her sole discrebon accept an alternate item for a specifieditem, provided the alternate items so bid is, in the CPO's sole opinion the equivalent of ths item specilied in the Bid. Analternate item that ihe CPO determines not to be equivalent to the specified item shsfi render the bid non-responsiveand the CPO shall reject the Bid.

IB-25 SAMPLESBklders may bs asked upon request of the Chief Procursmsnt Officsr, induding subsequent to the Bid Opening, tofurnish and deliver a representative sample sufficient to effectively evaluate each item listed in the Bid Proposal. Afi

samples must be delivered F.O.S. DESTINATION, FREIGHT PREPAID to an identified delivery location within five (5)business days of the request. Samples submitted must be identical to those specilied in the Bid Proposal. Submissionof other than the samples reflected in the Bid Proposal or failure to furnish samples within the required time period shallbe cause for rejection of the Bid Proposal. All samples ars subject to mutilafion and will not be returned. Biddws shallbear the cost of any samples and shipping or delivery costs related thereto.

IB-26 NOTICESAfi communications and notices between the County and Bidders regarding the Bid Documents shall be in wriTing andhand delivered or delivered via first class United States mail, postage prepaid, or via e-mail. Nofices to the Bidders shallbe addressed to the name and address provided by the Bidders; notices to the Chief Procurement Officer shafi beaddressed to Room 1018, County Buikfing, 118North Clark Street, Chicago, filinois 50602.

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CONTRACT NO. I 635-15205


IB-27 COMPLIANCE WITH LAWS - PUBLIC CONTRACTSThis is a competitive Bid of Cook County government subject to laws and ordinances governing public bids and

contracts. The Bidder shall at all times observe and comply with all laws, ordinances, regula&one and codes of theFederal, State, County and other local government agencies which may in any manner effect the preparation of ths Bid

Proposai or the performance of the Contract. If the Bidder observes that any of the Bid Documents are at variance with

any laws, ordinances, regulalions or codes, it shall promplly notify the Chief Procurement Oflicer in writing and if

necessary an addendum shall be issued by Ihe Chief Procurement Oflicer

IB-2& COOPERATION WITH INSPECTOR GENERALPersons or businesses seeking County contracts are required to abide by a& of the applicable provisions of the Of&ca ofthe Independent Inspector General Ordinance {Section 2-281 et. seq. of the Cook County Code cf Ordinances). Failureto cooperate as required may result in monetary and/or other penalties.

IB- 2& CREDIT CARD PAYMENTSThe County has implemented a Prompt Payment Program (the "E-Paysbles Program" ) Bidders who voluntarily

par&cipate in the Program will receive prompt payments via the County's Visa Purchasing Card. In order toparticipate in the Program, Bidders must submit the E=Payables Enrollment Form to the Cook County Comptroller'sONce A description of the Program is attached for informational purposes. Notwithstanding the foregoing, theCounty has no duty or obligation to process prompt payments to Bidders. The County reserves its right todiscontinue the Program st any time. The County will not provide a bid incentive or preference to Bidders who

participate in the Program.

IB40 MINORITY AND WOMEN OWNED BUSINESS ENTERPRISE ORDINANCECook County has adopted the Minority and Women Owned Business Enterprise Ordinance (the "Ordinance" ). TheOrdinance establishes annual participa&on goals for lillinority and Women Owned Business Enterprises. Therequirements of ths Ordinance, as well as the documents the Bidder must submit are set forth in GC-19. TheBidder's failure to submit the MBE/INDE Utilization Plan, as more fully dew:ribed in GC-I 9 shall render the Bid ncn-responsive.

IS&1 COOK COUNTY RECYCLED PRODUCT PROCUREMENT POLICYCook County has adopted the Cook County Rscyclsd Product Procurement Policy. In accordance with the Policy,Cook County encourages the use of recydsd paper and paper products, whenever practicable. The Bidder shall userecycled paper, except where the specialized nature of certain materials (such as photographs) requires otherwise,and a& documents shall be printed two-sided unless twomded printing is not practicable.

IB42 ESTIMATED QUANTITIESUnless expressly stated in the SpecNcations, Special Conditions, or Proposal page(s) any quentitiss stated in this Bid

represent estimated usage and as such are for bid canvassing purposes only. The County reserves the right toincrease or decrease quantities ordered Nothing herein will be construed as an intent or obligation on the part of theCounty to purchase any goods, equipment, supplies or services beyond those determined by the County to benecessary to meet iis needs.

END OF SECTION

I B-8 8/2015


GENERAL CONDITIONS

BID CONTRACTSINDEX

~n ~S

GC-01 SUBCONTRACTING OR ASSIGNMENT OF CONTRACT OR CONTRACT FUNDS ...GC-02 INDEMNIFICATION ..GC-03 INSPECTION AND RESPONSIBILITY

GC-04 PAYMENT TO CONTRACTORS AND SUBCONTRACTORS..

GC-05 PREPAID FEES.

GC-06 TAXES .

GC-07 PRICE REDUCTION ......GC-M CONTRACTOR CREDITS ..

GC-09 DISPUTES ..GC-10 CONTRACT AMENDMENTS ..

GC-11 DEFAULT..

GC-12 COUNTY'S REMEDIES.

GC-1 3 CONTRACTOR'S REMEDIES ..

GC-14 DELAYS..

GC-1 5 INSURANCE REQUIREMENTS .

GC-16 PATENTS, COPYRIGHTS AND LICENSES..

GC-17 COMPLIANCE WITH LAWS.

GC-1 8 DELIVERY

GC-19 MINORITY AND WOMEN BUSINESS ENTERPRISES...

GC-20 MATERIAL DATA SAFETY SHEET.

GC-21 CONDUCT OF THE CONTRACTOR.

GC-22 ACCIDENT REPORTS....

GC-23 USE OF PREMISES ..

GC-24 GENERAL NOTICE


GC-25 TERMINATION FOR CONVENIENCE

GC-26 GUARANTEES AND WARRANTIES ..

GC-27 STANDARD OF CONTRACT GOODS, EQUIPMENT OR SUPPLIES .....GC-28 CONFIDENTIALITY AND OWNERSHIP OF DOCUMENTS..

GC-29 QUANTITIES.

GC-30 AUDIT; EXAMINATION OF RECORDS.

GC-31 GOVERNING LAW

....12

....12

....1 2

....12

....1 3

....1 3

GC-32 COOPERATION WITH INSPECTOR GENERAL.

GC-33 WAIVER.

GC-34 ENTIRE CONTRACT.

GC-35 FORCE MAJEURE

GC-36 GOVERNMENTAL JOINT PURCHASING AGREEMENT .

GC-37 COMPARABLE GOVERNMENT PROCUREMENT.

GC-38 FEDERAL CLAUSES.

GC-39 CONTRACT INTERPRETATION

....1 3

....1 3

....1 4

...14

....1 4

....14

....1 4

....23


GENERAL CONDITIONS

GCzif SUBCONTRACTING OR ASSIGNMENT OF CONTRACT OR CONTRACT FUNDSOnce awarded, this Contract shall not be subcontracted or any part thereof assigned without the express written

approval of the County Chief Procurement Oflicer ("Chief Procurement Oflicer" ). In no case, however, shafi suchapproval relieve the Contractor from his obligations or change the terms of the ContracL The Contractor shall nottrans/er or assign any Contract funds or daims due or to become due without the advance written approval of the ChiefProcurement Oflicer. The unauthorized subcontracting or assignment of the Contract, in whole or in part, or theunauthcriized transfer or assignment of any Contract funds, either in whale or in part, or any interest therein, which shallbe due or ars to become due the Contractor shell have no effect on ths County snd are null and void.

The Contractor shall identify any and afi contractors and subcontractors it intends to use in the performance of theContract by complefiing the Identification of Subcontractor/Supplier/Subconsufiant Form ("ISF'). Afi such persons shallbe subject to the prior approval of the County. The Contractor will only subcontract with competent and responsibleSubcontractors. The Chief Procurement Oflicer may require in his cr her sole discretion, that the Contractor providecopies of afi contracts wilh subcontractors.

The Contractor and its employees, contractors, subcontractors, agents and representatives are, fcr sfi purposes arisingout of this Contract, independent contractors and are not employees cf the County. It is expressly understood andagreed that the Contractor and its employees, contractors, subcontractors, agents and representatives shall in no eventas a result of a contract be entitled to any benefit to which County employees are entitled, induding, but not limited to,overtime, retirement benelits, worker's compensafion benefits and injury leave or other leave benefits.

GC4)2 INDEMNIFICATIONThe Contractor covenants and agrees to indemnify and save harmless the County and its commissioners, ollicials,employees, agents and representatives, and their respecbve heirs, successors and assigns, from and against anyand afi costs, expenses, attorney's fees, losses, damages and liabilities incurred or suffered directly or indirectly fromor attributable to any claims arising out of or incident to ths performance or nonperformance of the Contract by theContractor, or the acts or omissions of the officers, agents, employees, contractors, subcontraotors, licensees orinvitees of the Ccnlractor. The Contractor expressly understands and agrees that any Performance Bond orinsurance protection required of the Contractor, or otherwise provided by the Contractor, shall in no way limit theresponsibility to indemnify the County as hereinabove provided.

GC413 INSPECTION AND RESPONSIBILITYThe County shall have a right to inspect and approve sny Contract goods, equipment, supplies or services used in

canying out this Conbact and shall approve the quality and standards of afi materials cr completed work furnished underthis Contract. Contract goods, equipment, supplies or services not complying herewith may be rejected by the ChiefProcurement Officer and/or the Director and shall be replaced and/or re-performed by the Contractor at no cast to theCounty. Any Contract goods, equipment or supplies rejected shall be removed within a reasonable time from thepremises of the County at the entire expense of the Contractor, alter nofice has been given by the County to theContractor that such Contract goods, equipment or supplies have been rejected.

GC4I4 PAYMENT TO CONTRACTORS AND SUBCONTRACTORSAfi invoices submitted by the Contractor shall be in accordance with ihe cost provisions contained in the ContractDocuments and shall contain a detailed description of the Deliverables (l.e., the goods, equipment, supplies or services)including the quantily of the Deliverables, for which payment is requested. Afi invoices for services shall include itemizederdries indicafing the date or time period in which the services were provided, the amount of time spent performing theservices, and a detailed description of the services provided duriing the period of the invoice. Afi invoices shall retlect theamounts invoiced by and the amounts paid to the Contractor as cf the date of the invoice. Invoices for new chargesshall not include "past due" amounts, iT any, which amounts must be set forth on a separate invoice. Contractor shall

not be entitled to invoice the County for any late fees or other penalties.

GC-1 8/2015


GENERAL CONDITIONS

GC-04 PATMENTTO CONTRACTORS AND SUBCONTRACTORS Icon't)In accordance with Secfion 34-177 of the Cook County Procuremsnt Code, the County shall have a right to set otf andsubtract from any invoice(s) or Contract price, a sum equal to any fines and penaltiss, including interest, for any tax orfee delinquency and any debt or obligation owed by ths Contractor to ths County,

The Contractor acknowledges its duty to ensure the accuracy of sfi invoices submitted to Ihe County for payment Bysubmitting the invoices, the Contractor cerfifies that afi itemized entries set forth in the invoices are true and correct TheContractor acknowledges that by submiMng the invoices, it cerbfies that it has delivered the Deliverables, i.s., the goods,supplies or equipment set forth in the Contract to the Using Agency, or that it has properly performed the services setforlh in the Contract. The invoice must also rsfiect ths dates and amount of time expended in the provision of servicesunder the Contract. The Contractor acknowledges that any inaccurate statements or negligent or intentionalmisrepresentations in the invoices shall result in the County exercising afi remedies available to it in law and equityincluding, but not limited to, a delay in payment or non-payment to the Contractor, and reporting the matter to the CookCounty Oflice of the Independent Inspector General.

When a Contractor receives any payment from the County for any supplies, equipmsnt, goods, or services, it hasprovided to the County pursuant to its Contract, the Contractor must make payment to its subcontractors within 15days after receipt of payment from the County, provided that such subcontractor has sahsfactorily provided thesupplies, equipment, goods or services in accordance with the Contract and provided the Contractor with afi of thedocuments and informabon required of the Contractor. The Contractor may delay or postpone payment to asubcontractor when the subcontractor's supplies, equipment, goods, or services do not comply with the requirementsof the Contract, the Contractor is acting in good faith, and not in retaliation fcr a subcontractor exercising legal orcontractual rights.

GC416 PREPAID FEESIn the event this Contract is terminated by either party, for cause or otherwiss, and the County has prepaid for snygoods, equipment, supplies or services to be provided pursuant to this Contract, Contractor shall refund to the County,on a prorated basis to the effective date of termination, afi amounts prepaid for such goods, equipment, supplies orservices not actually provided as a result of the terminafion. The refund shall be made within fourteen (14) days of theelfecfive date of terminabon.

GC4I6 TAXESFederal Excise Tax doss not apply to materials purchased by the County by virtue of Exempfion Certificate No. 36-75-0038K filinois Retailers'ccupation Tax, Use Tax and Municipal Retailers'ccupation Tax do not apply to materials orservices purchased bythe County by virtue of statute. The price or prices quoted herein shafi indude any and afi otherfederal and/or state, direct and/or indirect isxes which apply to this Contract. The Counij(s Bate of filinois Sales TaxExemption Identification No. is E-9998-2013-07.

GC417 PRICE REDUCTIONIf at any time after the Contract award, Contractor makes a general price reducfion in the price of any goads, equipment,supplies or services covered by the Contract, the equivalent price redudion based on similar quantities sndlorconsiderations shall be applied to this Contract for the term of the Contract. Such price reducfions shafi be effscfive atths same time and in ths same manner as the reduction in the price to customers generally.

GC4IS CONTRACTOR CREDITSTo Ihe extent the Contractor gives credits toward future pumhases from ila financial incentives, discounts, value points orother benefits based on the purchase of the goods, equipment, supplies or services provided for under this Contract,such credits belong to the County snd not any specific Using Agency. Contractor shsfi report any such credits to theChief Procursmsnt Ofiicer.

GC-2 8/2015


GENERAL CONDITIONS

GC4)g DISPUTESAny dispute arising under the Conbact between the County and Contractor shall be decided by the Chief ProcurementONcer. Ths complaining party shall submit a written statement detailing the dispute and eoecifvino the soecilic relevantcontmct orovisionlsl to ihs Chief Procursmsnt Oificer. Upon request of the Chief Procurement Oflicer, the partycomplained against shall respond to the complaint in writing within five days of such requesL The Chief ProcurementOificer will reduce his decision to wriTing snd mail or otherwise furnish a copy thereof to the Contractor and Director.Dispute resolulion as provided herein shall be a condilion precedent to any other acfion at law or in equity.Notwithstanding a dispufir, Contractor shall continue to discharge afi its obligations, duties and responsibilities set forth in

the Contract during any dispute resolu5on proceeding unless otherwise agreed to by the County in writing.

GC-10 CONTRACT ANIENDMENTSThe parties may during the term of the Contract make amendments to the Contract but only as provided in thissecbon. Such amendments shall only be made by mutual agresmsnt in writing.

In the case of Contracts not approved by the Board, the Chief Procurement Officer may amend a contract providedthat any such amendment does not extend the Contract by more than ons (1)year, and further provided that the totalcost of all such amendments does not increase the total amount of the Contract beyond $150,000. Such acfion mayonly be made with the advance written approval of the Chief Procurement Officer. If the amendment extends theContract beyond one (1)year or increases the total award amount beyond $150,000, then Board approval will berequired.

No Using Agency or employee thereof has authority to make any amendments to the Contract Any modifiicabons oramendments to the Contract made without the express written approval of 1he Chief Procurement Officer is void andunenforceable

Contractor is hereby nofified that, except for amendments which are made in accordance with this GC-10ModiTications and Amendments, no Using Agency or employee thereof has authority to make any modiiication oramendment to ths Contract.

GC-11 DEFAULTContractor shall be in default hereunder in the event of a material breach by Contractor of any term or condition of thisConlract where Contractor has failed to cure such breach within tsn (10) days after written nofice of breach is given toContractor by the County, setting forth the nature of such breach.

A material breach of the contract by the Contractor indudes but is not limited to the following.

1.. Failure to begin performance under the Contractwithin the specified time;

Failure to perform under ths Contract with sutficisnt personnel, squipmsnt, or materials to ensure completionof said performance within the specified time or failure to assign qualifisd personnel to ensure completionwithin the specified time;

3. Performance of the Contract in an unsatisfactory manner;

4. Refusal to perform services deemed to be defecfive or unsuitable;

Discordinuance of performance of Contractor's obfigabons under the Confiact or the impairment or thsreasonable progress of performance;

6 Becoming insolvent, being dedared bankrupt or commithng any act of bankruptcy or insolvency;

7. Any assignment of the Contract for the benefit of creditors;

GC-3 5/2015


GENERAL CONDITIONS

GC-11 DEFAULT (con'tl6. Any cause whatsoever which impairs performance in an acceptable manner; or

9. Any other material breach of any term or condition of the Contract.

County shall be in default hereunder if any material breach of the Contract by the County occurs which is not cured bythe County within forty-five (45) days alter written notice of breach has been given by Contractor to the County, setbngforth the nature of such breach.

GC-12 COUNTY'S REMEDIESlf the Contractor fails to remedy a material breach during the ten (10) day cure period pursuant to General Condition GC-11, Default, the County shall have the right to terminals the Contract provided, however, that the County shall giveContractor prior written notice of its intent tc terminate. Foficwing notice of breach to Contractor, the County reservesthe right to wiynhold payments owed to Contractor until such time as Contractor has cured the breach which is thesubject matter of the notice. In addition, the County shall have the right to pursue all remedies in lsw or equity.

GC-13 CONTRACTOR'S REMEDIESIf the County has been nolified of breach and fails to remedy the breach during the forty-five (45) day cure periodpursuant to General Condition GC-11, Default, the Contractor shall have ihe right to terminate this Contract providing,however, that Contractor shall give the County thirty (30) days prior written nobce of termination.

Contractor shall have the right to pursue afi remedies available in law or equity. In all cases the Contractor's damagesshall be those provable damages not to exceed the value of the Contract as awarded by the Cook County Board ofCommissioners or the Chief Procurement Officer.

GC-14 DELAYSContractor agrees that no charges or dsims for damages shall be made by Contractor for any delays or hindrances fromany cause whatsoever related to the performance of the Contract.

(REMAINDER OF PAGE LEFT INTENTIONALLY BLANK)

GC-4 8/2015

CONTRACT NO 1535-15205

GENERAL CONDITIONS

GC-15 INSURANCE REQUIREMENTS

Insurance Reoulrements of the Vendor

Prior to the effective date of this Contract, the Vendor, at its cost, shall secure and maintain at all times until completionof the term of this Contract the insurance specified below.

Nothing contained in these insurance requirements is to be construed as limiting the extent of the Vendor's responsibility

for payment of damages resulting from its operations under this Contract.

The Cook County Department of Risk Management maintains the riight to modify, delete, alter or change theserequirements.

Coveraoes

(a) Commercial General Llabllitv Insurance

The Commercial General Liability shall be on an occurrence form basis (ISO Form CG 0001 or equivalent) to coverclaims for injuries to persons or damage to property which may arise from or in connection with products ormaterials supplied to Cook County.

Each OccurrenceGeneral Aggregate

$ 2,000,000$ 2,000,000

Additional reauirsments

(a) Additional Insured

The Commercial General Liability policy shall name Cook County, its oflicials, employees snd agents ss additional

insureds on a primary and non-contributory basis. Any insurance or self-insurance maintained by Cook County

shall be excess of the Vendor's insurance and shall not contribute with it. If the Vendor maintains higher limits than

the minimums shown above, Cook County shall be enikled to coverage for the higher limits maintained by Vendor.

(b) Qualification of Insurers

All insurance companies providing coverage shall be licensed or approved by the Department of Insurance, State ofillinois, and shall have a linancial rating no lower than (A-) Vll as listed in A.M. Best's Key Rating Guide, current

edition or interim report. Companies with ratings lower than (A-) Vll will be acceptable only upon consent of theCook County Department of Risk Management. The insurance limits required herein may bs sstisged by acombination of primary, umbrella andlor excess liability insurance policies.

(c) Insurance Notices

Vendor shall provide the Office of the Chief Procurement Officer with thirty (30) days advance writlen noses in theevent any required insurance will be cancelled, materially reduced or non-renewed. Vendor shall securereplacement coverage to comply with ths stated insurance requirements and provide nsw certificates of insuranceto the Oflice of the Chief Procurement Oflicer.

Prior to the date on which Vendor commences performance of its part of the work, Vendor shall furnish to the Officeof ths Chief Procurement Oflicer certificates of insurance maintained by Vendor. The receipt of any cerfilicats ofinsurance does not constitute agreement by the County that the insurance requirements have been fully met or thatths insurance policies indicated on the certificate of insurance ars in compliance with insurance required above.

8/2015


GENERAL CONDITIONS

GC-15 INSURANCE REQUIREMENTS/cont'n

no event shall any failure of the County to receive owtificates of insurance required hereof or to demand receipt ofsuch Certificates of Insurance bs construed as s waiver of Vendor's obligations to obtain insurance pursuant to theseinsurance requirements

GC-16 PATENTS. COPYRIGHTS AND LICENSESContractor agrees to hold harmless and indemnify the County, its officials, agents, employees and affiliates from anddefend, as permitted by lfiinois law, at its own expense (induding reasonable attorneys', accountants'nd

consultants'ees),

any suit or proceeding brought against County based upon a claim that the ownership and/or use of equipment,hardware and software or any part thereof utilized in performing Contractor's services constitutes an infringement of anypatent, copyright or license or any other intellectual property right.

In the event the use of any equipment, hardware or software or any part thereof is enjoined, Contractor with allreasonable speed and due diligence shall provide or otherwise secure for County, at the Contracts/s election, one of thefollowing the right to continue use of the equipment, hardware or soltware; an equivalent system having theSpecifications as provided in this Contract; or to modify the system or ils component parts so that it becomes non-infiinging while performing in a subslantiafiy similar manner to the original system, meeting ihe Specifications of thisContract.

GC-17 COMPLIANCE WITH LAWSThe Contractor shall observe and comply with the laws, ordinances, regulations and codes of the Federal, State, Countyand other local government agencies which may in any manner affect the performance of the Contract, including but notlimited to those County Ordinances set forth in the Cerfifications, Affidavfis or EDS attached hereto and incorporatedhemin. Assurance of compliance with this requirement by the Contractor's employees, agents or subcontractors shallbe the responsibility of the Contractor.

The Contractor shall secure and pay for all federal, state and local licenses, permits and fees required in order toperform this Contract.

GC-18 DELIVERYAll Contract goods, equipment or supplies shipped to ths County shsfi be shipped F.O.B., DESTINATION, FREIGHTPREPAID. Arrangements shall be made in advance by the Contractor in order that the County may arrange for receipt ofthe materials.

Truck deliveries will be accepted before 3:00 P.M. on weekdays only. No deliveries will be accepted on Saturdays,Sundays or County Holidays. The County is not responsible for delivery delays due to waiting times for loading andunloading at delivery locations.

The quantity of Contract goods, equipment or supplies based on weight that are delivered by truck will be ascertainedfrom a weight certificate issued by a duly licensed Public Weight-Master. In the case of delivery by rail, weight will beascertained from bill of lading from originating line, but the County reserves the right to re-weigh at the nearest availablerailroad scale.

The County reserves the right to add new delivery locations or delete previously listed delivery locations as requiredduring the Contract period. The only restriction regarding the County's right to add new delivery locations shall be thatany new or additional location shall be within the geographical boundaries of the County of Cook.

8/2015


GENERAL CONDITIONS

GC-19 MINORITY AND WOMEN BUSINESS ENTERPRISESCOOK COUNlY ORDINANCE CHAPTER 34. DIVISION 8 SECTION 34-260 to SECTION 34000

POLICY AND GOALS

It is the policy of the County of Cook to prevent discrimination in the award of or participation in CountyContracts and to eliminate arbitrary barriers for participation in such Contracts by local businesses certifiedas s Minority Business Enterprise (M BE) and Women-owned Business Enterprise (WBE) as both prime andsub-contradors. In furtherance of this policy, the Cook County Board of Commissioners has adopted aMinority- and Women-owned Business Enterprise Ordinance (the "Ordinance" ) which establishes annualgoals for MBE and WBE parbdpation as outlined below:

ContractType

Goods and ServicesConstrucfion

Professional Services

MBE

25%24%

Goals

35% Overall

WBE

10%10%

The County shall set contract-specltlc goals, based on the availability of MSEs and WBEs that arecertiiied to provide commodiTies or services specified in this solicitation document. The MBE/WBEpartlclpagon goals for each Contract are stated in the Special Condlfions. A Bid, Quotafion, orProposal shall be rejected if the County determines that it fails to comply with this General Condibon in anyway, including but not limited to: (i) fafilng to state an enforcsabls commitment to achieve for this contractthe identified MBE/WBE Contract goals; or (ii) failing to include a Petition for Reducbon/Waiver, which statesthat the goals for MBE/WBE participation are not atlainable despite the Bidder or Proposer Good FaithEfforts, and explains why. If a Bid, Quotation, or Proposal is rejected, then a new Bid, Quotation, or Proposalmay be solicited if the public interest is served ihereby.

To the extent that a Bid, Question, or Proposal indudes a PetiTion for Reduction/Waiver that is approved bythe Oflice of Contract Compliance, the Contract specifi M BE and WBE participabon goals msy be achievedby the proposed Bidder or Proposer's status as an MBE or WBE; by the Bidder or Proposer's enforceablsjoint-venture agreement with one or more MBEs and/or WBEs; by the Bidder or Deposer entering into oneor more enforceable subcontracbng agreemenls with one or more Ii/IBE and WBF by the Bidder or Proposerestablishing and carrying out an enforceable mentor/protege agreement with one or more MBE and WBE;by the Bidder or Proposer actively engaging the Indirect Participation of one or more M BE and WBE in otheraspects of its business; or by any combination of the foregoing, so long as ths Ufilization Plan evidences acommitment to meet the MBE snd WBE Contract goals set forth in (B) above, as approved by the Oflice ofContract Compliance.

D. A single Person, as defined in the Procurement Code, may not be utilized as both an MBE and a WBE onthe same Contract, whether as a contractor, subcontractor or supplier.

Unless specNcafiy waived in the Bid or Proposal Documents, this General CondNon, GC-1 9; the Ordinance;and the policies and procedures promulgated thereunder shall govern. If there is a conflict between this GC-19 and the Ordinance or the policies and procedures, the Ordinance shall control.

A Contractods failure to carry out its commitment regarding M BE and WBE parlicipalion in the course of theContract's performance msy constitute a material breach of the Contract. If such breach is not appropriatelycured, it msy result in withholding of payments under the Contract, contractual penaNes, disqualiiicstion andany other remedy provided for in Division 4 of the Procurement Code at lsw or in equity.

GC-7 8/2015


GENERAL CONDITIONS

GC-19 MINORITY AND WOMEN BUSINESS ENTERPRISESCOOK COUNTY ORDINANCE CHAPTER 34. DIVISION 8 SECTION 34-260 to SECTION 34-300 Icon't.l

REQUIRED BID OR PROPOSAL SUBMITTALS

A Bidder or Proposer shall document ils commitment to meeting the Contract specific MBE and WBE participationgoals by submitling a Utilizalion Plan with the Bid or Proposal. The Utilization Plan shall include (1) one or moreLetter(s) of Intent from the relevant MBE and WBE firms; and (2) current Letters of Certification as sn MBE or WBE,Alternatively, the Bidder or Proposer shall submit (1) a written Petition for Reduction/Waiver with the Bid, Quotation orProposal, which documents its preceding Good Faith Efforb'nd an explanation of its inability to meet the goals forMBE and WBE parlicipation. The Utilization Plan shall be submitted at the time that the bid or proposal is due.Failure to include a Ufillzation Plan will render the submission not Responsive and shall be cause for theCPO to reject the Bid or Proposal.

M BE/WBE Utilization Plan

Each Bid or Proposal shall include a complete Utilization Plan, as set forth on Form 1 of the M/WBECompliance Forms. The UtiTizabon Plan shall include the name(s), mailing address, email address, andtelephone number of the principal contact person of the relevant MBE and WBE tirms. If the Bidder orProposer submits a Bid or Proposal, and sny of their subcontractors, suppliers or consultants, are certifiedM BE or WBE firms, they shsfi be identified ss an M BE or WBE within the Utilization Plan.

1. Letter/a I of Intent

Except as set forth below, a Bid or Proposal shall include, as part of the Utilization Plan, one or moreLetter(s) of Intent, as set forth on Form 2 of the M/WBE Compliance Forms, executed by each MBE andWBE snd the Bidder or Proposer. The Letter(s) of Intent will be used to confirm that each MBE and WBEshell perform work ss a subcontractor, supplier, joint venture, or consultant on the Contract. Each Letter ofIntent shall indicate whether and the degree to which the M BE or WBE will provide goods or services directly

or indirectly during the term of the Contract. The box for direct parficipation shall be marked if the proposedM BE or'WBE will provide goods or services direcfiy related to the scope of the Contract. The box for Indirectparticipation shall be marked if the proposed filIBE or WBE will not be direcfiy involved in ihe Contract butwill be utilized by ths Bidder or Proposer for other services not related to ths Contract. Indirect Parbcipationshall not be counted toward the participation goal. Each Letter of Intent shall accurately detail the work to beperformed by the relevant MBE or WBE firm, the agreed dollar amount, the percentage of work, and theterms of payment.

Failure to include Letter(s) of Intent will render the submiszdion not Responsive and shall be causefor the CPO to reject the Bid or Proposal.

Afi Bids and Proposals must conform to the commitments made in the corresponding Letter(s) of Intent, asmay be amended through change orders.

The Contract Compliance Director may at any time request supplemental informafion regarding Letter(s) ofIntent, and such information shall be furnished if the corresponding Bid or Proposal is to be deemedresponsive.

2. Lefiar/sl of Certifiicafion

Only current Letter{a) of CerbTication from one of the following entities may be accepted as proof ofcertification for M BE/WBE sbrkrs, provided that Cook County's requirements for cerfification are met

~ County of Cook~ City of Chicago

GC-8 8/201 5


GENERAL CONDITIONS

GC-1$ MINORITY AND WOMEN BUSINESS ENTERPRISESCOOK COUNTY ORDINANCE CHAPTER 34. DIVISION 8 SECTION 34-280 to SECTION 34300 icon't.l

Persons that are cunently certNed by the City of Chicago in any area other ihan Construction/Public Worksshall also complete and submit a MBE/WBE Reciprocal Cerbficalion Affidavit along with a current letter ofcertification from the Cily of Chicago. This Aflidavit form can be downloaded fromwww.cookcountvil oov/contractcomoliance.

The Contract Compliance Director may reject the certification of any MBE or WBE on the ground that it doesnot meet the requirements of the Ordinance, or the policies and rules promulgated thereunder.

3. Joint Venture Affidavit

In the event a Bid or Proposal achieves MBE and/or WBE parbcipsbon through a Joint Venture, the Bid crProposal shall include the required Joint Venture Affidavit, which can be downloaded fromwvrmcookcounwil.oov/contrsctcomoliance. Ths Joint Venture Affidavit shall be submitted with the Bid orProposal, along with current Letter(s) of Certification.

Petition for Reduction/Waiver

In ths event a Bid or Proposal does not meet the Contract specNc goals for M BE and WBE participation, theBid or Proposal shsfi include a Petition for Reduction/Waiver, ss set forth on Form 3. The Petition forReduction/Waiver shall be supported by sufficient evidence and documentation to demonstrate the Bidder orProposer's Good Faith Efforts in attempting to achieve the applicable MBE and WBE goals, and ils inability

to do so despite its Good Failh Efforts.

Failure to Include Petition fior Reduction/Waiver wlfi render the submission not Responsive and shallbe cause for the CPO to reJect the Bid or Proposal.

0I. REDUCTION/WAIVER OF MBE/WBE GOALS

Grantino or Denvino a Reducfion/Waiver ReouesL

1. The adequacy of ths Good Faith Efforls to utilize MBE and WBE firms in a Bid or Proposal will beevaluated by the CCD under such condifions as are set forth in the Ordinance, the policies and rulespromulgated thereunder, and in the "Psbtion for Reducfion/Waiver of MBE/INBE Participation Goals"—Form 3 of the M/VVBE Compliance Forms.

2. With respect to a Petition for Reduction/Waiver, the sufficiency or insufficiency of a Bidder or Proposer'sGood Faith Efforts shall be evaluated by the CCD as of the date upon which the corresponding Bid orProposal was due.

3. The Contract Compliance Director or his or her duly authorized Waiver Committee may grant or denythe PsbTion for Reduction/Waiver based upon factors including but not limited to: (a) whether sufficientqualified MBE and WBE Iirms are unavailable despite good faith efforts on the part of the Bidder orPropossn (b) the degree to which specNcations and the reasonable and necessary requirements forperforming the Contract make it impossible or economically infeasible to divide ths Contract intosufficiently small tasks or quantities so as to enable the Bidder or Proposer to utilize MBE and WBEfirms in accordance with the applicable goals; (c) the degree to which the prices or prices required byany potsnfial MBE or WBE sre more that 10% above competNve levels; and (d) such other factors asare determined relevant by the Contract Compliance Director or the duly authorized Waiver Committee.

3. If the Contract Compliance Director or the duly authorized Waiver Committee determines that theBidder or Proposer has not demonstrated sufficient Good Faith Efforts to meet the applicable MBE and

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GC-19 MINORITY AND WOMEN BUSINESS ENTERPRISESCOOK COUNTY ORDINANCE CHAPTER 34. DIVISION 8 SECTION 34-280 to SECTION 34Q00 icon't.i

WBE goals, the Contract Compliance Director or the duly authorized Waiver Committee msy deny aPetition for ReductioniWaiver, declare the Bid or Proposal non-responsive, and recommend rejecfion ofthe Bid, Quotation, or Proposal.

IV. CHANGES IN CONTRACTOR'S UTILIZATION PLAN

A Contractor, during its performance of the Contract, msy not change the original MBE or WBEcommitmenls speciTied in the relevant Utilization Plan, including but not limited to, terminating a MBE orWBE Contract, reducing the scope of the work to be performed by a M BE/WBE, or decreasing the price to aMBEIWBE, except as otherwise provided by Ihe Ordinance and according to the policies and procedurespromulgated thereunder.

Where a Person listed under ths Contract was previously considered to be a M BE or WBE but is later foundnot to be, or work is found not to be creditable toward the MBE or WBE goals as stated in the UtilizationPlan, the Contractor shall seek to discharge Ihe disqualified enterprise, upon proper written nofificagon tothe Contract Compliance Director, and make every effort to idenfify and engage a qualified MBE or WBE asits replacement. Failure to obtain an MBE or WBE replacement within 30 business days of the ContractCompliance Directods written approval of the removal of a purported MBE or WBE msy result in thetsrminabon of the Contract or the imposition of such remedy authorized by the Ordinance, unless e writtenpetition for Reduction/Waiver is granted allowing the Contractor to award the work to a person that is notcertified as an MBE or WBE

V. NON-COMPLIANCE

If the CCD determines that the Contractor has failed to comply with its contractual commitments or any portion of theOrdinance, ths policies and procedures promulgated thereunder, or this GC-19, the Conlract Compliance Directorshall notify the Contractor of such determination and may take any and all appropriate acgons as set forth in theOrdinance or the polides and procedures promulgated thereunder which indudes but is not limited to disqualiTication,penaliies, withholding of payments or other remedies in law or equity.

VL REPORTINGIRECORD-KEEPING REQUIRENIENTS

The Contractor shall comply with the reporting and record-keeping requirements in the manner and time eslsblishedby the Ordinance, the policies and procedure promulgated thereunder, and the Contract Compliance Director.Failure to comply with such reporting and record-keeping requirements may result in a dedarabon of Contract defaultUpon award of a Contract, a Contractor shall acquire and utilize all Cook County reporting and record-keeping formsand methods which srs made available by the Office of Contract Compliance. MBE and WBE firms shall be requiredto verify payments made by and received from ths prime contractor.

Vg. EQUAL ENIPLOYMENT OPPORTUNITY

Compliance with MBE and WBE requirements will not diminish or supplant other legal Equal Employment Opportunityand Civil Rights requirements that relate to contractor snd subcontractor obligations.

Any questions regarding this section should be directed to:

Cook County Contract Compliance Director118North Clark Street, Room 1020Chicago, illinois 80602(312)603-5502

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GC-20 MATERIAL DATA SAFETY SHEETWhere required under ths filinois "Toxic Substance Disclosure to Employees Acf', filinois Compiled Statutes, 820 ILCS255/1, Contractor shall submit with each delivery of Contract goods, equipment or supplies a Material Safety DataSheet.

GC-21 CONDUCT OF THE CONTRACTORThe Contractor agrees to inform the County on a timely basis of all of the Contractor's interests, if any, which are orwhich the Contractor reasonably believes msy be incompatible with sny interest of the County. The Contractor shalltake notice of and comply with the Cook County Lobbyist Registration Ordinance, Section 2421 et al., Cook CountyCode. The Contractor shsfi not use for personal gain or make other improper use of privileged information which isacquired in connecfion with the Contract

GC<2 ACCIDENT REPORTSThe Chief Procurement Officer snd Director shall be given written nofificaficn within twenty-four (24) hours of anyoccurrence, on ths site or otherwise, which pertains in any way to the performance of this Contract snd involves theContractor's personnel, or those of any of his subcontractors or others whether said occurrence be in the nature of bodilyinjun/ to employees or third parlies or property damage.

The report shall indude the name of pemon(s) injured, name of his employer, date, time and location of occurrence,extent of injury and/or damage, name(s) of eyewitnesses, and who treated the person(s) for injuries sustained, end suchother informabon as may bs relevant The Contractor shall notify ths local police of any occurrence requiring sn officialpolice record. The accident report should indicate whether the police were nofified and, if so, the number of the policereport

GC-23 USE OF PREMISESContractor shall confer with the Director to ascertain full knowledge of afi rules and rsgulabons of the County facifitissrelabve to this Contract and shall comply therewith. The Contractor shall confine the operafions of its employees to thelimfis indicated by laws, ordinances, permits and/or direcfion of the Director and shall not encumber the premises with

materials or debris. The Contractor shall not load or permit any part of the slructure to be loaded with a weight that will

endanger its structural integrity.

The County reserves the right to prohibit any person from entering any County facility for sny reason. All

subcontractors, agents and employees of the Contractor shall be accountable to ths Director while on any Countyproperty and shall abide by afi security regulations imposed by the County.

GC-Fxt GENERAL NOTICEAfi nofices required pursuant to this Contract shall bs in writing and addressed to the parties at their respectiveadtkessss set forth below. All such nofices shall be deemed duly given if hand delivered or if deposited in ths UnitedStates mail, registered or certified, return receipt requested. Notice as provided herein does not waive service ofsummons or process.

TO THE COUNTY:

Chief Procurement Oflicer

County of CookRoom 1018County Building

118 Norlh Clark StreetChicago, filinois 60602

(Reference County Contract Number)

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GENERAL CONDITIONS

GC-24 GENERAL NOTICE Icon't.iTO THE CONTRACTOR:

At address provided in its bid document or as otherwise indicated in writing to County.

GCM TERMINATION FOR CONVENIENCEThe County may terminate ibis Contract, or any porbon, at any time by notice in writing from the County to theContractor. Unless ogrerwise stated in the noses, the eifecbve date of such terminabon shall bs three business daysafter the date the notice of termination is mailed by the County. If the County elects to terminate ths Contract in full,

unless otherwise speciged in ths notice of terminafion, the Contractor shall immediately cease performance and shallpromptly tender to the County all work products, reviews, recommendabons, reports, documenls and analyses, whethercompleted or in process. If the County elects to terminate the Contract in part, unless otherwise specified in the notice ofparfial termination, Ihe Contractor shall immediately cease performance of those portions of Ihe Contract which areterminated and shall promptly tender to the County all work products, reviews, recommenda6ons, reports, documentsand analyses relating to said portions of the Contract, whether completed or in process. Contractor shall refrain fromincumng sny further coals with respect to portions of the Contract which are terminated except ss specifically approvedby the Chief Procurement Officer. The Contractor shall not invoice the County for any goods, equipment, supplies orservices provided ager the etfecfive date of termination.

GOD GUARANTEES AND WARRANTIESUnless otherwise stated herein, sll guarantees and warrarrbes required shall be furnished by the Contractor and shall bsdelivered to the Director before iinal payment on the Conlract is issued. The Contractor agrees that the Contract goods,equipment, supplies or services to be furnished shall be covered by the most favorable commercial warranties theContractor gives to any customer for the same or subslangslly similar Contract goods, equipment, supplies or servicesand that the rights and remedies so provided are in addiTion to and do not limit any righis alforded to County.

GC-27 STANDARD OF CONTRACT GOODS. EQUIPNIENT OR SUPPUESOnly new, originally manufactured Contract goods, equipment or supplies wi8 be accepted by Ihe County. The Countywill not accept any Contract goods, equipment or supplies that have been refurbished, rebuilt, restored or renovated in

any manner. In adiggon, experimental materials will not be acceptable. Contract goods, equipment or supplies notproduced by regular production methods and/or which have not been offered for sale to the public through acceptedindusby trade channels for a reasonable period of time prior to ths offsring of the proposal, will bs consideredexperimental.

GC-28 CONFIDENllAUTY AND OWNERSHIP OF DOCUMENTSCordractor acknowledges and agrees that information regarding this Coniract is conf dengal and shall not be disclosed,direcgy, Indirectly or by implication, or be used by Contractor in any wsy, whether during the term of this Contract or atany time theresflsr, except solely as required in the course of Contractor's performance of the Contract. Contractor shallcomply with the applicable privacy laws and reguladons affecbng the County and will not disclose any of County'srecords, materials, or other data to any third parly. Corriractor shall not have the right to compile and distribute stalisticaIanalyses and reports ulilizing data derived from information or data obtained from County without the prior wriitten

approval of County. In the event such approval is given, any such rsporls published and dialributed by Contrador shallbe famished to County without charge.

Ag documents, data, studies, reports, work product or product crested as a result of the performance of this Contractshall be the properly of the County of Cook. It shall be a breach of this Contract for the Contractor to reproduce or use,any documents, data, studies, report, work product or product obtained from the County of Cook or created hereby for itsown purposes or to be copied and used by any third parly. During the performance of the services herein provided for,the Contractor shall be responsible of any loss or damage to the County's documents while they sre in ths Contractor'spossession, and any such document lost or damaged shall be restored st the expense of the Contractor.

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GC-29 QUANTIllESThe quantities of materials required for the performance of the Contract sre estimates for the purpose of determining anapproximate total Contract amount and may not be the actual quantities required during the term of the Contract, ThsCounty reserves ths right to increase or decrease the quantities at the Contract price, to correspond to the actual needsof the County. The County will be obligated to order and pay for only such quantities as are from time to time ordered,delivered, and accepted on purchase ordem issued by the Chief Procurement Officer.

GC~ AUDIT: EXAMINATION OF RECORDSThe Contractor agrees that the Cook County Auditor or any of its duly authorized representatives shall, until expiration ofthree (3) years after the final payment under the Contract, have access and the right to examine any books, documents,papers, canceled checks, bank statements, purveyor's and other invoices, and records of the Contractor related to theContract, or to Contractor's compliance with any term, condNon or provision thereof. The Contractor shall beresponsible for estabfishing and maintaining records suNdent to document the costs associated with performance underths terms of this Contract

The Contractor further agrees that it shsfi include in afi of its subcontracts hereunder a provision to the effect that thesubcontractor agrees that the Cook County Auditor or any of its duly authorized representalives shall, until expirafion ofthree (3) years after final payment under the subcontract, have access and the right to examine any books, documents,papem, canceled checks, bank slatements, purveyor's and other invoices and records of such subcontractor involving

transactions relating to the subcontract, or to such subcontractor's compliance with any term, condition or provisionthereunder or under the Contract

In the event the Contractor receives payment under the Contract, reimbufsement for which is later disafiowed by theCounty, the Contractor shall promptly refund the disallowed amount to the County on request, or at the Counb/s option,the County may credit the amount disallowed from the next payment due or to become due lo the Contractor under anycontract with the County.

GC-31 GOVERNING LAWThis Contract shall be governed by and construed under the laws of the State of illinois. The Contractor irrevocablyagrees that, subject to the County's sole snd absolute elecbon, any acfion or proceeding in any way, manner or respectarising out of the Contract, or arising from any dispute or controversy in connecfion with or isleted to ths Contract, shallbe lifigated only in courts within the Circuit Court of Cook County, Stats of lfiinois, and the Contractor consents sndsubmfis to the jurisdicfion thereof. In accordance with these provisions, Contractor waives any right it may have totranaf'sr or change the venue of any litigalion brought against it by the County pursuant to this Contract.

GCN2 COOPERAllON WITH INSPECTOR GENERALContractors, subcontractors, licensees, grantses or persons or businesses who have a Couniy contract, grant, license,or certification of eligibility for County coniracts shall abide by afi of the applicable provisions of the ONce of theIndependent Inspecfor General Ordinance (Secfion 2-281 et. seq. of the Cook County Code of Ordinances). Failure tocooperate as required may result in monetary and/or other penalties.

GAS WAIVERNo term or provision of this Contract shall be deemed waived and no breach consented to unless such waiver orconsent shall be in wiNng and signed by the party claimed to have waived or consented. The waiver of any suchprovision shall be skicfiy limited to the identified term or provision.

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GOD ENTIRE CONTRACTIt is expressly agreed that the provisions set forth in this Contract constfiute afi the underslsndings and agreementsbetween the parties. Any prior agreemeras, promises, negofistions, or representations not expressly set forth in thisContract sre of no force snd effect

GC45 FORCE MAJEURENeither Contractor nor County shall be liable for failing to fulfill any obligafion under this Contract if such failure is causedby sn event beyond such party's reasonable control and which is not caused by such party's fault or negligence. Suchevents shall be limited to acts of God, acts of war, fires, lightning, floods, epidemics, or riots.

GC~ GOVERNMENTAL JOINT PURCHASING AGREEMENTPursuant to Section 4 of the illinois Governmental Joint Purchasing Act (30 ILCS 525) and the Joint PurchaseAgreement approved by the Cook County Board of Commissioners (April 9, 1965), other units of government maypurchase goods, supplies, equipment or services under this Contract.

In the event that other agencies parlicipste in a joint procurement, the County reserves the right to renegotiate theprice to accommodate the larger volume

GCQT COMPARABLE GOVERNMENT PROCUREMENTAs permitted by the County of Cook, other government enfifies, if authorized by law, may wish to also purchase thegoods, supplies, services or equipment under the same terms and conditions contained in this Contract (i.e.,comparable government procurement). Each entity wishing to reference ibis Contract must have prior authorization

from the County of Cook and the Contractor. If such parficipation is authorized, afi purchase orders will be issueddirectly from and shipped directly to the entity requiring the goods, supplies, equipment or services. The County shallnot be held responsible for any orders placed, deliverie made or payment for the goods, supplies, equipment orservices ordered by these entities. Each entity reserves the right to determine the amount of goods, supplies,equipment or services it wishes to purchase under this Contract.

GOES FEDERAL CLAUSESThe fofiowlng provisions apply to afi Contracts which are funded in whole or in part with federal funds.

Interest of Members of cr Deleostes to the United States Ccncress

In accordance with 41 U S C. 5 22, the Contractor agrees that it wifi not admit any member of or delegate tothe United States Congress to any share or part of the Contract or any benefit derived therefrom.

False cr 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. fifi 3081 et seq snd 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 anystatement it has made, it makes, or it msy make perlaining to the Contract, including withoutlimitabon any invoice for its services. In addition to other pensltiss that msy bs applicable, thsContractor also acknowledges that if it makes a false, ficfitious, or fraudulent claim, statement,submission, or cerfificafion, the Federal Government reserves the right to impose the penalties ofthe Program Fraud Civil Remedies Act of 1986, as amended, on the Contractor to the extent theFederal Government deems appropriate.

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GENERAL CONDITIONS

GAS FEDERAL CLAUSES (con't1(b) The Contractor also acknowledges that if it makes s false, fictitious, or fraudulent claim, statement,

submission, or cerbfication to ths County or Federal Government in connection with an urbanizedarea formula project financed with Federal assistance authorized by 49 U.S.C. g 5307, thsGovernment reseives the right to impose on the Coniractor the penalties of 18 U.S.C. 5 1001 and49 U.S.C. 5 5307(n)(1), to the extent the Federal Government deems appropriate.

Federal Interest in Patents

(a) General. If any invention, improvement, or discovery of ths Contractor is conceived or first actuallyreduced to practice in the course of or under the Contract, and that invention, improvement, ordiscovery is patentable under the taws of the Unites States of America or any foreign country, theContractor agrees to notify County immediately and provide a detailed report.

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

Federal interest in Oats and Coovriohts

(a) Deiinition. The term "subject data" used in this section means recorded information, whether or notcopyrighted, 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,spscgicsbons, standards, process sheets, manuals, technical reporls, catalog item idsnfificstions,and related information. The term "subject data" does not include financial reports, cost analyses,and similar information incidental to Contract administration.

(b) Federal Restricbons. The fofiowing restrictions apply to afi subject data first produced in theperformance of the Contract. Except as provided in the Contract snd except for its own internal

use, ths Contractor may not publish or publicly reproduce subject data in whole or in part, or in anymanner or form, nor may the Contractor authorize ofiiers to do so, without the written consent ofthe County and the Federal Government, until such fime as the Federal Government msy haveeither released or approved the release of such data to the public.

(c) Federal Rights in Data and Copyrights. In accordance with subparts 34 and 36 of the CommonRule, the County and the Federal Government reserve s royalty-free, non-exclusive andirrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, forCounty or Federal Government purposes, the types of subject data described below. Wrihout thecopyright owner's consent, the County and Federal Government may not extend their license toolher parties.

(1) Any subject data developed under the contract or subsgreement financed by a federalGrant Agreement or Cooperative Agreement, whether or not a copyright hss beenobtained; snd

(2) Any rigtris of copyright which the Conlraclor purchases ownership with Federalassistance.

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GENERAL CONDITIONS

GC-38 FEDERAL CLAUSES (con'Ll(d) Special Federal Rights for Planning Research and Development Projects. When the Federal

Government provides financia assistance for a planning, research, development, or demonstrationproject, its general intention is to increase public knowledge, rather than limit the benefits of thsproject to participants in the project Therefore, unless the Federal Government determinesotherwise, the Contractor on a planning, research, development, or demonstration project agreesthat, in addition to the rights in dale and copyrights set forth above, the County or FederalGovernment may make availabls to any third party either a license in the copyright to the subjectdata or a copy of the subject data. If the project is not completed for any reason whatsoever, a6data developed under the project will become subject date and will be delivered as the County orFederal Government may direct. This subsection, however, does not apply to adeptions ofautomatic data processing equipment or previously exis6ng software programs for the County's usewhose costs are financed with Federal transportation funds for capital projects.

(e) Hold Harmless. Unless prohibited by state law, upon request by the County or the FederalGovernment, the Contractor agrees to indemnify, save, and hold harmless the County and theFederal Government and their officers, agents, and employees acting within the scope of theirofficial duties against any liability, including costs and expenses, resulfing from any willful orintenfional violation by the Contractor of proprietary rigMs, copyrights, or right of privacy, arising outof the publication, translation, reproducfion, delivery, use, or disposition of any data furnished underIhe Contract. The Contractor will not be required to indemnify the County or Federal Governmentfor any such liability arising out of the wrongful acts of employees or agents of ths County orFederal Government

(f) Resbictions on Access to Patent Righls. Nothing contained in this secbon on rights in data will

imply a license to the County or Federal Government under any patent or be construed as alfectingthe scope of any license or other right otherwise granted to the County or Federal Governmentunder any patent.

(g) Applicalion on Materials Incorporated into Project. The requirements of Subsections 2, 3, and 4 ofthis Secfi on do not apply to material furnished by the County and in corpomtsd into the work.

Records and Audits

Contractor will deliver or cause to be delivered afi documents (including but not limited to all Deliverablssand supporting data, records, graphs, cherie and notes) prepared by or for the County under the tenne ofthis Agreement to the County promptly in accordance with the fime limits prescribed in this Contract, and ifno time limit is specified, then upon reasonable demand therefor or upon terminafion or complebon of theServices hereunder. In the event of the failure by the Contractor to make such delivery, then and in thatevent, the Contractor will pay to County reasonable damages the County may sustain by reason thereof.

The County and the Federal Government will have ths right to audit a6 payments made to the Contractorunder this Agreement. Any payments to the Contractor which exceed the amount to which the Contractor isentitled under the terms of this Agreement will be subject to set-off.

The Contractor will keep and retain records relafing to this Agreement and will make such records availableto representatives of the County and ths Federal Government, Induding without limitation ths sponsoringfederal agency, other participating agencies, and the Comptroller General of the United States, streasonable times during the performance of this Agreement and for at least five years after termination ofthis Agreement for purposes of audit, inspection, copying, transcriblng and abstrac6ng.

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

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GC~ FEDERAL CLAUSES icon'tl

Environmental Rscuirsments

The Contraclor recognizes that many Federal snd state laws imposing environmental and resourceconservation requirements may apply to the Contract. Some, but not afi, of the major Federal Laws thatmay affect the Contract include: the National Environmental Policy Act of 1969, as amended, 42 U.S.C. 554321 st seq.; the Clean Air Act, as amended, 42 U.S.C.55 7401 et seq. and scslfered sections of 29 U S C;the Clean Water Act, as amended, scattered sections of 33 U.S.C. and 12 U.S,CJ the ResourceConservabon and Recovery Act, as amended, 42 U.S.C. 55 6901 st sequ and the ComprehensiveEnvironmental Response, Compensation, snd Liability Act, as amended, 42 U.S.C. 55 9601 et seq TheContractor also recognizes that U.S. EPA, U.S. DOT and other agencies of the Federal Government haveissued snd are expected in the future to issue regulations, guidelines, standards, orders, directives, or otherrequirements that may affect the Contract Thus, the Contractor agrees to adhere to, and impose on itssubcontractors, any such Federal requirements as ths Federal Government may now or in the futurepromulgate. Listed below are requirements of parbcular concern.

The Contractor acknowledges that this list does not constitute the Contractor's entire obligation to meet afiFederal environmental and resource conservation requiremerrls. The Contractor will include theseprovisions in afi subcontracts.

(a) Environmental Protection. Ths Contractor agrees to comply with ths applicable requirements of thsNational Environmental Policy Act of 1969, as amended, 42 U.S.C. 55 4321 et seq. In accordancewith Executive Order No. 12898, "Federal Actions to Address Environmental Justice in MinorityPopulations and Low-Income Populations,'9 Fed. Reg. 7629, Feb. 18, 1994; U.S. DOT statutoryrequirements on environmental matters at 49 U.S.C. 5 5324(b); Council on Environmental Qualityregulafions on compliance with the Nabonal Environmental Policy Act of 1969, as amended, 40C.F.R. Part 1500 st ssqu and U.S. DOT regulations, 'Environmental Impact snd RelatedProcedures," 23 C.F.R.Part 771 snd 49 C.F.R. Part 622.

(b) Air Quality The Contractor agrees to comply with afi applicable standards, orders, or regulalionsissued pursuant to the Clean Air Act, as amended, 42 U.S.C. H 7401 et seq. Speciiicafiy, theCorfiractor agrees to comply with applicable requirements of U.S. EPA regulations, "Conformity toStats of Federal Implementation Plans of Transportation Plans, Programs, and Projects Developed,Funded or Approved Under Title 23 U.S.C. or ths Federal Transit Act," 40 C.F.R. Part 51, SubpartT; and "Determining Conformity of Federal Actions to State or Federal Implementation Plans," 40C.F.R.Part 93. The Contractor further agrees to report and require each subcontractor at any tierto report any violation of these requirements resulting from any Contract implementation acbvity tothe County and the appropriate U.S. EPA Regional Olfice.

(c) Clean Water. The Contractor agrees to comply with sfi applicable standards, orders, or regulaticnsissued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C.55 1251 et seq.The Contractor furlher agrees to report and require each subcontractor at any tier to report anyviolabon of these requirements resulfing from any Contract implementabon activity to the Countyand the appropriate U.S. EPA Regional Office.

(d) List of Violating Facilifies. Ths Contractor agrees that any facility to bs used in the performance ofthe Contract or to benefit from ths Contract will not be listed on the U.S. EPA List of ViolatingFacilities ("List"), and ths Contractor will promptly nofify ths County if the Contractor reoeives anycommunication from the U.S. EPA that such a facility is under consideration for inclusion on theList.

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GC~ FEDERAL CLAUSES icon'tl

(e) Preference for Rscyded Products. To the extent pracficable and sconomicafiy feasible and to theextent that it does not reduce or impair the quality of the work, the Contractor agrees to userecycled products in performance of the Contract pursuant to U.S. Environment Protection Agency(U.S. EPA) guidelines at 40 C.F.R. Parle 247-253, which implement secbon 6002 of the ResourceConservation and Recovery Act, as amended, 42 U.S.C.Q 6962.

7 No Exclusionarv or Discriminatorv Soecifications

Apart from inconsistent requirements imposed by Federal statute or regulations, ihe Contractor agrees that it

will comply with the requirements of 49 U.S.C. g 5323(h)(2) by refraining from using any Federal assistanceto support subcontracts procured using exclusionary or discriminatory spec)ficslions.

8 Ceres Preference —Use of United States Flee Vessels

The Contractor agrees to comply with U.S. Marlfime Administration regulations, "Cargo-Preference —U,S.Flag Vessels," 49 C.F.R. Part 381, and to include the clauses required by those regulations, modilied asnecessary to identify the affected parties, in each subcontract or subagreement involving equipment,materials, or commodities suitable for transport by ocean vessel.

9. Flv America

Section 14.c of the Master Agreement states that if the contract or subcontracts may involve theinternational transportation of goods, equipment, or personnel by air, the contract must require Contractorsand subcontractors at every fier to use U.S.-flag air carriers, to the extent service by these centers isavailable. 49 U.S.C.40118 and 4 C.F.R.Part 52.

10 No Federal Government Qbliostions to Third Parsee

The Contractor agrees that, absent the Federal Government's express written consent, the FederalGovernment will not be subject to any obligalions or liabilities to any contractor or any other person not aparty to the Grant Agreement or Cooperative Agreement between the County snd the Federal Governmentwhich is a source of funds for this Contract. Notwithstanding any concurrence provided by the FederalGovernment in or approval of any solicitation, agreement, or contract, the Federal Government continues tohave no obligabons or liabilities to any party, including the Contractor.

11. Afiowsble Costs

Notwithstanding any compensation provision to the contrary, the Contractor's compensation under thisContract will be limited to those amounts which are allowable and afiocsble to the Contract in accordance

with 0MB Circular A-87 and the regulations in 49 C.F.R.Pert 18. To the extent that an audit reveals that theContractor has received payment in excess of such amounts, the County may offset such excess paymentsagainst any future payments due to the Contractor and, if no future payments are due or if future paymentsare less than such excess, the Contractor will promptly refund the amount of the excess payments to theCounty.

12. Trade Restrictions

Contractor certifies that neither it nor any Subcontractor:

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GC~ FEDERAL CLAUSES (con't)

(a) is owned or controlled by one or more citizens of a foreign country included in ths list of countriesthat discriminate against U.S. firms published by the Ofiics of the United States TradeRepresentative (USTR);

(b) has knowingly entered into any contract or subcontract with a person that is a citizen or national ofa foreign country on said list, ncr is owned or controlled directly or indirecfiy by one or mors citizensor nationale of s foreign country on said list;

(c) will procure, subcontract for, or recommend any product that is produced in a foreign country onsaid list.

Unless the restrictions of this dause are waived by the Secretary of Transportation in accordance with 49CFR 30.17, no Notice-to-Proceed wlfi be issued to an entity who is unable to certify to the above. IfContractor knowingly procures or subcontracts for the supply of any product or service of a foreign countryon said list for use on the project, ths USDOT may direct, through the County, cancellation of the Contract atno cost to the Government.

Further, Contractor agrees that it will incorporate this provision for certificaticn without modification in eachsubcontract. Contractor may rely on ths cerbfication of a prospecfive Subcontractor unless it has knowledgethat the cerbficstion is erroneous. Contractor will provide immediate written notice to ths County if it learnsthat its certiYication or that of a Subcontractor was erroneous when submitted or has become erroneous byreason 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. Nothingcontained in the foregoing will be construed to require establishment of a system of records in order torender, in good faith, the certification required by this provision

Ths knowledge and infcrmabon of ths Contractor is not required to exceed that which is normally possessedby a prudent person in the ordinary course of business dealings.

This cerfificafion concerns a matter within the jurisdicbon of an agency of the United States of America andthe making of a false, fictitious, or fraudulent cerfification may render the maker subject to prosecution underTitle 18, United States Code, Section 100.

13. Contract Work Hours and Safetv Standards Act

if applicable according to their terms, the Contractor agrees to comply and assures compliance with sections102 and 107 of the Contract Work Hours and Safety Standards Act, as amended, 40 U.S.C.M 327 through333, and implementing U.S. DOL regulations, "Labor Standards Provisions Applicable to Contracts

Governing Fedsrafiy Financed and Assisted Construction (also Labor Standards Provisions Applicable toNonconstruction Contracts Subject to the Contract Work Hours and Safety Standards Act)," 29 C.F.R. Part5; and U.S. DOL regulations, "Safety and Health Regulations for Construction,'9 C.F.R. Part 1928. In

addition to other requirements that may apply:

(a) In mxordance with section of the Contract Work Hours and Safety Standards Act, as amended, 40U.S.C. gg 327 through 332, the Contractor agrees and assures that, for the Contract, the wages ofevery mechanic snd laborer will bs computed cn 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 rats ofnot less than 1.5fimes the basic rale of pay for sfi hours worked in excess of 40 hours in the workweek. The Contrador agrees that determinations pertaining to these requirements will be made inaccordance with applicable U.S. DOL regulations, 'Labor Standards Provisions Applicable toContracls Governing Federally Financed and Assisted Construction (also Labor StandardsProvisions Applicable to Nonconstruction Contracts Subject to the Contract Work Hours and SafetyStandards Act)," 29 C.F.R.Part 5.

GC-19 8/2015

GENERAL CONDITIONS


GC-38 FEDERAL CLAUSES (con'Ll

(b) In accordance with section 107 of the Contract Work Hours snd Safety Standards Act, asamended, 40 U.S.C.$ 333, the contractor agrees and assures that no laborer or mechanic workingon a construction contract will be required to work in surroundings or under worldng condiTions thatare unsanitary, hazardous, or dangerous to his or her health and safety, as determined inaccordance with U.S. DOL regulations, Safety and Health Regulations for Construction," 29 C.F.RPart 1928.

14. Veteran's Preference

In the employment of labor (except in execufive, administrative, and supervisory positions), preference will

be given to Vietnam-era veterans and disabled veterans. However, this preference may be given onlywhere individuals are available and qualified to perform the work to which employment relates.

15. Coovrioht Qwnershio

Consultant and the County intend that, to the extent permitted by law, the Deliverables to be produced byConsultant at the County's instance and expense pursuant to this Agreement are conclusively deemed"works made for hire" within the meaning and purview of Section 101 of the United States Copyright Act, 17USC. 5f 01 et seq. (the "Copyright Act ), and that the County will be the copyright owner of the Deliverablesand of ell aspects, elements and components of them in which copyright can subsist.

To the extent that any Deliverable doss not qualify as a 'Work made for hire," Consultant irrevocably grants,conveys, bargains, sells, assigns, transfers and delivers to the County, its successors and assigns, all right,title and interest in and to Ihe copyrights and all U.S. and foreign copyright registrations, copyrightapplications and copyright renewals for them, and other intangible, intellectual property embodied in orpertaining to the Deliverables prepared for ths County under Ibis Agreement, free and clear of any liens,claims or other encumbrances, to the fullest extent permitted by Isw. Consultant will execute all documentsand perform all acts that the County msy reasonably request in order to assist the County In perfecting Itsrights in and to the copyrights relating to the Deliverables, at the sole expense of the County.

Consultant warrants to County, its successors and assigns, that on the date of transfer Consultant is thelawful owner of good and marketable title in and to the copyrights for the Deliverables and has the legalrights to fully assign them. Consultant I(tither warrants that it has not assigned any copyrights nor granted

any licenses, exclusive or nonexclusive, to any other parly, and that it is not a party to any other agresmsntsor subject to sny other restrictions with respect to the Deliverables. Consultant warrants and represents thatthe Deliverables are complete and comprehensive, and the Deliverables are a work of original authorship.

18. Accessibilitv Comoliance

If this Agrsemsnt involves design for consbuction, ths Consultant warrants that all design documentsproduced or utilized under this Agreement and all construcgon or alterations undertaken under thisAgreement will comply with all federal, state and local laws and regulations regarding accessibility standardsfor persons with disabilities or environmentally limited persons induding, but not limited to, the following: theAmericans with Disabilities Act of 1990, 42 U.S.C. g 12101 et seq. and the Americans with Disabilfges ActAccessibility Guidelines for Buildings and Facilibes ("ADAAG"); the Architectural Barriers Act, Pub. L 90-480(1988), and the Uniform Federal Accessibility Standards ("UFA~; and ths illinois Environmental BarriersAct, 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 complywith the standard providing the greatest accessibility. Also, the Consultant must, prior to construcgon,

review the plans and specificabons to insure compliance with the above referenced standards. If theConsultant fails to comply with the foregoing standards, ths Consultant must perform again, at no expense,sll services required to be re~erformed as a direct or indirect result of such failure.

GC-20 8/2015


GENERAL CONDITIONS

GC48 FEDERAL CLAUSES /con'tl

17. Visual Richts Act WMiver

The Consultant/Contractor waives any and all rights that may be granted or conferred under Section 106Aand Section 113 of the United States Copyright Act, (17 U.S.C. $ 101 et seq.) (the "Copyriight Acl") in anywork of visual art that may be provided pursuant to this Agreement. Also, the Consultant/Contractorrepresents snd warrants that the Consultant/Contractor has obtained a waiver of Section 106A snd Section113of the Copyright Act as necessary from any employees snd subcontractors, if any.

18. Ecual Emolovment Ocoortunitv

All contracts shall contain a provision requiring compliance with E O. 11246, "Equal EmploymentOpportunity," as amended by E.O. 11375, "Amending Executive Order 11246 Relabng to Equal EmploymentOpportunity," and as supplemented by regulations st 41 CFR part 60, "Ofgce of Federal ContractCompliance Programs, Equal Employment Opportunity, Department cf I shor."

19. Cooeland "Anti Kickback" Act /18 U S C. 874 and 40 U S C. 276ci

All contracts and subgrants in excess of $2000 for construction or repair awarded by recipients andsubrecipients shall include a provision for compliance with the Copeland "An8-Igckback" Act (18 U.S.C.874), ss supplemented by Department of Labor regulations (29 CFR part 3, "Contractors andSubcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from thsUnited States"). The Act provides that each corrirsctcr or subrecipient shall be prohibited from inducing, byany means, any person employed in the conslruction, completion, or repair of public work, to give up anypart of the compensation to which he is otherwise entitled. The recipient shall report all suspected orreported violations to the Federal awarding agency.

20. Davis-Bacon Act. as amended /40 U.S.C.276a to a-7I

When required by Federal program legislation, all construction contracts awarded by the recipients andsubrecipients of more than $2000 shall include a provision fcr compliance with the Davis-Bacon Act (40U.S.C. 276a to a-7) and as supplemented by Department of Labor regulations (29 CFR part 5, "LaborStandards Provisions Applicable to Contracts Governing Federally Financed snd Assisted Construcbon").

Under this Act, contractors shall bs required to pay wages to laborers snd mechanics at a rate not less thanthe minimum wages speci8ed in a wage determination made by the Secretary of Labor. In addition,contractors she/I be required to pay wages not less than once a week The recipient shall place a copy of thecurrent prevailing wage determination issued by the Department of Labor in each solicitation and Ihe swardof a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall reportall suspected or reported violations to ths Federal awarding agency.

(REMAINDER OF PAGE LEFT INTENTIONALLY BLANK)

GC-21 8/2015


GENERAL CONDITIONS

GCQS FEDERAL CLAUSES Icon'tt

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

Where applicable, afi contracts awarded by recipients in excess of $2000 for conslruction contracis and inexcess of $2500 for other contracts that involve the employment of mechanics or laborers shall include aprovision 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 Section102 of the Act, each contractor shell be required to compute ths wages of every mechanic and laborer onthe basis of a standard work week of 40 hours. Work in excess of the standard work week is permissibleprovided that the worker is compensated at a rate of not less than 1 N times the basic rate of pay for afihours worked in excess of 40 hours in the work week, Section 107 of the Act is applicable to conabuctionwork end provides that no laborer or mechanic shall be required to work in surroundings or under workingconditions which are unsanitary, hazardous or dangerous. These requirements do not apply to thepurchases of supplies or materials or articles ordinarily available on the open market, or contracts fortransportafion or transmission of intelligence,

22. Riohts to Inventions Made Under a Contract or Aoreement

Contracts or agreements for the performance of experimental, developmental, or research work shallprovide for the rights of the Federal Government and the recipient in any resulting invention in accordancewith 37 CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business FirmsUnder Government Grants, Contracts and Cooperative Agreements," snd any implementing regulationsissued by the awarding agency.

23. Clean Air Act I42 U S C. 7401 et seo I and the Federal Water Pofiution Control Act 133 U S C. 1251 et sea i.as amended

Contracts snd subgrants of amounts in excess of $100,000 shall contain a provision that requires therecipient to agree to comply with afi spplicabls standards, orders or regulations issued pursuant to the CleanAir Act (42 U.S.C.7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 etseq.). Violafions shall be reported to the Federal awarding agency and the Regional Office of theEnvironmental Protection Agency (EPA).

24. Bvrd Anti-Lobbvino Amendment f31 U.S.C. 1352'I

Contractors who apply or bid for an award of $100,000 or more shall 1ile the required certification. Each tiercertifies to the tier above that it will not and has not used Federal appropriated funds to pay any person ororganization for influencing or attemp1ing to influence an officer or employee of any agency, a member ofCongress, officer or employee of Congress, or an employee of a member of Congress in connecbon withobtaining any Federal contract, grant or any other sward covered by 31 U.S.C. 1352. Each tier shall alsodisclose sny lobbying viith non-Federal funds that takes place in connection with obtaining any Federalsward. Such disclosures are forwarded from fier to tier up to the recipient.

25. Debarment and Susoension fE.O.s 12549 and 12689)

No contract shall be made to parties listed on the General Services Administration's List of Parties Excludedfrom Federal Procurement or Nonprocuremsnt Programs in accordance with E.O.s 12549 snd 12689,"Debarment and Suspension." This list contains ths names of parties debarred, suspended, or othsrwissexcluded by agencies, and contractors declared ineligible under alatutory or regulatory authority other thanE.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the requiredcertification regarding its exclusion status snd that of its principal employees.

GC-22 8/201 5

CONTRACT NO 1635 15205

GENERAL CONDITIONS

Gag CONTRACT INTERPRETATIONWhenever ths singular is used herein, lhe masculine, feminine and neuter gender shall be deemed to indude the othersThe headings of articles, paragraphs and secbons in this Contract ars included for convenience only and shall not beconsidered by either party in construing the meaning of this Contract. If any provision or clause of this Contract shall beheld to be invalid, such provision or clause shall be deleted from the Contact and the Contract shall be construed to giveelfect to the remaining portions thereof.

This Contract shall be interpreted and construed based upon the following order of precedence of component parts.Such order of precedenos shall govern to resolve all cases of conflict, ambiguily or inconsistency.

1. Addenda, if any.

2. Special CondiTions

3. SpeciTication.

4. General Conditions.

5. Inslruction to Bidders.

6. Legal Advertisement

7. Bid Proposal.

END OF SECTION

GC-23 8/201 5


SPECIAL CONDITIONS

SC-01 SCOPEThe Bidder shall furnish Electronic Pollbook Workstations and Protective Case for the Cook County Clerk's Offrce, allin accordance with the Contract Documents, Specifications and Proposal herein.

SC412 CONTRACT PERIODThis is a Contract effective from November 18, 2016 through November 17, 2018 after award by the Board ofCommissioners and after proper execution of the Contract Documents.

SC-03 AWARD OF CONTRACTThe Contract shall be awarded to the lowest responsible and responsive Bidder whose bid meets ths requirementsand criteria set forth in the Bid Documents. All items, unless otherwise stated, will be assumed to meet allspecifications and requirements as set forth in the Bid Documents. Ambiguous bids which are uncertain as to terms,delivery, quantity, or compliance with specifications may be declared non-rasponsive and rejected. The County shallbe sole determinant of the relevant and appropriate coal factors used in evaluating any Base, Options and/orAlternate bids. Bidders must quote all lines for consideration. It is the intent of the County to award this bid in wholeand not in part. Only one award will result from this bid.

SC-04 DELIVERY LOCATIONInside delivery shall be made to:

Hawthorne Distribution Center4545 West Cermak RoadChicago, IL 60623Attn: Barb Vorbau

SC-05 PRE-BID CONFERENCE/SITE INSPECTIONThe County will hold a Pre-Bid Conference at the 118 North Clark Street, Office of the Chief Procurement Officer,Room 1018, Chicago, IL, 60602. Representatives from the Procurement Department and the County Clerk's Officewill comprise the panel to respond to answer any questions regarding the Specifications and Invitation to Bidprocedures. It is not mandatory that the bidders attend this Pre-Bid Conference/Sits Inspection, however it is highlyrecommended. Prospective Proposers must respond to to Ryan Connor via e-mail at [email protected] or before Thursday, June 2, 2016, with firm's name and number of attendees. A maximum of two (2)representatives from each firm may attend the Pre-Bid Conference.

DATE: Friday, June 3, 2016

TIME: 10:30a,m.

PLACE: 118 North Clark Street, Room 1018, Chicago, IL, 60602

(REMAINDER OF THE PAGE LEFT INTENTIONALLY BLANIfj

SC-1 8/2015


SPECIAL CONDITIONS

SCJI6 . INQUIRIESA copy of any written request for interpretation of documents shall be provided to the Office of the Chief ProcurementOfficer at the address set forth below.

Inquiries about the interpretation of the Specifications must be made only in writing and shall be directed to the ChiefProcurement Officer. Inquiries will be answered in writing, if deemed necessary, by means of an Addendum issued bythe Ollice of the Chief Procurement Oflicer. (Reference Instructions to Bidders, Section 18-05 'Exceptions andAddendum", Page IB-3). Inquiries must be received no later than 4:00 p.m. on Monday, June 6, 2016.

During the bid process, all inquiries must be directed, in writing, only to the Office of the Cook County ChiefProcurement Officer as follows:

Shannon E. Andrews

Cook County Chief Procurement Officer

cfo Ryan Connor, Contract Negotiator

118 N. Clark Street, Room 1018Chicago, IL 80802

Contact Info for Contract Negotiator:

[email protected]

SCJIT NOTIFICATIONDo not begin performance cn the Contract until notified by the Using Agency.

SC-2 8/201 5


SPECIFICATIONS

ITEM 1: Voteo brand Voter Kiosk case or equivalent universal electronic pollbook setup, housed in a protectiveearner.

Votsc-brand Voter Kiosk Specificadons:~ Closed case dimension: 21"L x 16 1/2" W x 8 I/Z'.~ 28 pounds with recessed latches, handle, and two external places to loop security seals.~ Kiosk plalform (removable tray) footprint: 17 1/2" L x 12 1/2'/ Idcsk in case.~ Kiosk out of case including 18'ower cord and full paper roll: 14 pounds.~ Nanuk Case or BlowM olded Products Case.

Vendor will provide a protecfive case that houses a universal setup of the County Clerk's E-pofibookSystem. The case would allow the election judge to place the carrier on a table, open the cover, and pluginto an electrical outlet. Once plugged in, afi E-pofibook components would receive electrical power from thecase. When case is open, the laptop and afi peripherals and components should remain in the housing, butbe easily accessed and fully operational/functioning.

Required specifications:~ Hard outer plastic case, or other material that wgl meet the weloht reouirements herein. and will

withstand testina as described in Item 1.D. Testino.~ Protecfive foam (or equivalent protecbve material) inside case~ Internal power source with 12 foot or longer power cord~ Ability to power up to five (5) devices~ Maximum weight; 30 pounds~ Maximum dimensions: 24" (w) x 24" (I) x 12'd)~ Ability to expand to include future hardware such as a signature pad.~ Pre-wired configuration for the fallowing items:

o 11"laptop (current models Dell 3330 /3450 and HP Mini 1104)c Brother label printer, QL-700o Logitech 525 webcam attached to a standc Mouseo Verizon MiFi wifi hotspot

Samples~ http: //www.coverone.nel/e-pofi-book-case. html~ Aitachment VOTED voter kiosk

Testing~ The three lowest. resoonslve and resoonslbla wgl be mouired to submit a srototvoe case within

30 dave of Cook Counhr's reouest. ASsr award. the Countv wfil schedule dallvarv dates andousnttdes of Electronic pollbook Workstation snd protacdva Cases. Multlole shlnmants araexoected. with final delivarv to be made within 12 months of contract award.

~ Case may be subjected to, and must be able to withstand, a three (3) foot drop test where e-pofibooklaptop and components sustain no damage and remain in their respective housings within the case.

~ Ability to power on all components at same time with single method.~ All components must have access to afi features, buttons, doors, etc. to perform afi basic snd e-pollbook

functions of the device.o 11"laptop: data entry using keyboard snd mouseo QI=700 printer

~ Printing of labelsChanging of label printer rofi

~ Access to menu buitonsc Logitech 525 webcam/stand: scanning of ID cardso Verizon MiFi hotspot: access to menu buttons.

WarrantyOne year warranty on afi parts and labor. Contractor warrants ag equipment delivered shall be free fromdefects in material and workmanship, and conform to the Conkactors specificahons for a period of twelve(12) months fiom the date of original shipment. Contractor shall either repair or replace defective equipmentduring the twelve (12) month periiod at no charge to the County. Vendor warrants afi services and repairs forninety (90) days alter instafistion,

S-1A 8/2015

SPECIFICATIONS


Attachment: Sample Pollbook Cases

3-2 8/2015

TFI, t Feoturing a reliable and affordable notebook

computer as a secure and poll worker friendly

tool for validating voter eligibility at the polls.

Engineered to efficiently manoge ag poll

ploce processes while meeting the highest

usability and accessibility standards.

VOTEC Voter Kioskkee-osk, ki osk 'ks,gskA small user-friendly tablet fromwhich a voter interacts with anelectronic poll book in privacy.synonyms: booth, stand, station,check-in counter; informationbooth. "the kiosks at thaprecinct simplify voting"

i+ OTEC

The VoteSafe Voter Kiosk is a uniquely configured electronic poll book solution. VoteSafe Voter Kiosk featuresa voter-I'acing tablet akin to the familiar consumer point-of-purchase experience. This approach engages thevoter as he/she co-navigates the authentication and validation process in sync with the poll worker. VoteSafeVoter Kiosk saves time and imparts confidence throughout the check-in process as the tablet screen presentsvariable instructions and feedback to the voter. Other benefits include:

~ Elimination of mistakes caused by verbal miscommunication.~ Reduction of delays caused by inconsistent and/or inaudible verbal communication.~ Rapid voter self-authentication and validation.~ Selection by the voter of party-specific ballots in primary elections.~ Elimination of screen tilt/rotation back and forth between poll worker and voter.~ Display of multiple language options that a voter self-selects.~ Presentation of the kiosk's voter validation screen at a more user-friendly height.~ Ensuring a highly accessible solution for voters that require this accommodation.~ Personalized reinforcement to each voter that they are validated and identified correctly.

PLUG-N-PLAY CONFIGURATION LIFTS OUT OF THESTORAGE gr TRANSPORT CASE

~ a Is

a ~ Ia

Post authentication VoteSafe's printer generates a personalized voter credential. This voter token is a slip ofpaper containing elements such as unique ballot number, ballot ID, timestamp, polling site ID, RV ID, and RVdigital signature both in human readable format and machine-readable bar code format.

a ~ Ia~ a l ~ E

rVote Safe"k'si

ELECTRONIC

POLLBOOKI ~W

UNIQUE AND STABLE

WEB-CAM BAR CODE

SCANNING

.1'l

I

J

1

Ih

"I I I,

iJ,j„.J s~~

Contract No. 1635-15205-Addendum No. 2

ATTACHMENT 2:

Peripheral Dimensions and Quantities

aev 1/1/ts$ Fiscal Responsibility f Innovative Leadership Transparency at Accountability Lv Improved Services

Addendum Attachment 2: Peripheral Dimensions and Quantities CONTRACT NO. 18M-16206

LaptOp5Model

H P1104Quantity

50Width Depth Height10.55" 7.52" 1.26"

pv—

Dell 3330 3200 13" 9.4" 1.2"

Dell3450

eB.e .ssUalggr

550 13.46" 9.68" 0.87"

PrinterModel

8rother QL-700

Width

5 DIP

Depth8.7"

Height6"

Addendum Attachment 2: Peripheral Dimensions and Quantities CONTRACT NO. 1635-15205

WebcamModel

Logitech C525Width2.69"

Depth1.59"

Height1.25"

Webcam Stand 4.25" 5.25" 0.875"

Stand w/Camera 4.25 5.25 2.5"

MouseModel

V7-7N

Width2.4"

Depth4.5"

Height1.6"

WM a

2A

Addendum Attachment 2: Peripheral Dimensions and Quantities CONTRACT NO. 1835-15205

Verizon Mifi

Model

Jetpack 4620LWidth3.76"

Depth0.53"

Height2.36"

'%P 4terasa~~ 1

Jetpack MHS291L 3.62" 0.72" 2.44"

Jetpack 6620L 37'.76"It |

i elis '+e

Signature Pad {future expansion —estimated dimensions)I Model I width I Depth I Height

I TeD I6" 4u 1/I

3A


SITE INSPECTION CERTIFICATE

(NOT APPLICABLEI

This is to verify that Bidder has, this date, participated in the Mandatory Site Inspecfion as required in thisBid. Bidder has inspected the site and related Bid Documents and fully familiarized itself with all

condigons and mattem which might in any way affect the Deliverables, including costs and scheduling.

NAME (PRINTED/TYPED AND SIGNATURE)

F',lv (h~ itllnY kC Zrv(".COMPANY

Pfi'hi/"I P f)4-OFFICIAL CAPACITY

ID' .1"n —9.L)(O(~TELEPHONE NUMBER (Area Code)

NOTE: This form must be filled in completely and returned with Bid Proposal.

INSPECTION CONFIRMED BY: KfA-. !lf)()1I ( (I 48

DATE: lo- Kn-lV

SI-1 8/2015


PROPOSAL

BiDDER:I" le(k'r hint-4, Zr(C

The Bidder declares that it has carefully examined the Advertisement for Bids, the Instruction to Bidders,the Proposal Form, General and Special Conditions and Specifications identified as Contract DocumentNumber 1635-15205 for Electronic Pollbook Workstation And Protective Case for the Cook CountyCkrrk's Office, as prepared by Cook County, and that they have familiadized themselves with al! of theconditions under which it must be canied out snd understand that in maldng this Proposal they waive allrights to plead any misunderstanding regarding the same.

In the event that there is a mathematical error between the "Unit Price'nd "Total Pnce', the Unit Pricewill prevail. All changes must be made by crossing out and initialing the item changed. Use of correctionfluid, i.e., white out or any other similar method is not acceptable. Failure to initial any changes may begrounds for rejection of the Bid.

ITEM NO. UNIT OF MEASURE GTY. DESCRIPTION

EACH 3,800 ELECTRONIC POLLBOOKWORKSTATION AND PROTECTIVECASE, AS PER SPECIFICATIONSHEREIN.

$ K7 ) t /EACH

S 91%00(n.AA TOTAL

MFR. k jfrl'HRn Villi(KMild<i>SPjjrttjS- AlutyiinuNI

GRANDTOTAL: 5 I 7%4> AA(ir. On

DELIVERY DATE: 5 4 CiQ.U 6 A 6Q l (ATIrITYf+~MBER OF CALENDAR DAYS AFTER AWARD OF CONTRACT)

The receipt of the following addenda to the Specifications is acknowledged:

Addendum No. QIV K Date: TitfVP LD i LOILfi

Addendum No. f4f I I Date: 'ShnrP 2(, Ln j Lf

Add d N . Ihfm (nA ninf,xolP yn(I~( D t: X(U W, tofuI I

+ 4«Mm n(iiir,'iiiiim G«tr ~ 98)'b„k,4jvhsi Ii~ c,J+r 44it'li rnrlk5 iilxl ri'ri~gijQ YYijtiiIYrij

peLtA u%0v ~

P-1 SI2015


EXHIBIT I

btentiTication of Subcontractors/Supplier/Subconsultant Form


Cook CountyOffice of the Chief Procursmsnt Officer

Ident(T/cation of Suhcontractoo/Suppher/Subconsullnnt Form

OCPO ONLY:A DieoueafimrtianA Check Camaieie

The Bidder/Proposer/Respondent ("the Contractor" ) will fully complete and execute and submit an Iden&&cstlon ofSubcontractor/Supplier/Subconsultant Form ("ISF")with each Bid, Request for Proposal, and Request forQualification. The Contractor must complete the ISF for each Subcontractor, Supplier or Subcansultant urhichshall be used on lhe Contract. In the event that there are any changes in the utilization of Subcontractors,Suppliers or Subconsultsnts, the Contractor must file an updated ISF.

Bid/RFP/RFQ No.: I )f. ) 6 ~ ) 52ARQ~O

Total Bid or Proposal AmaunI: I 13IAN / ~

I

Contractor: Q~Authorized Contact n I i

Mnkra HeEmail Address(contrsctor): 946') IQP)R SKn I/fit I().l'0/)/1

Company Address(Contractor): (t )Og ~City, State snd /)Zip(cantractar): 6P,f) PM i ~ (PO I %1Telephone and Fax/r/I (pe)-3g~(Contractor) II In>c ~a xfr x Q-Estimated Start and

""Campletian Dates(Contractor)

Company Address(Subcontractor):

IV ta(V !A

tV iA

City, Stats and Zip(Subcontractor)iTelephone and Fax(Subcontractor)Estimated Blurt andCompletion Dates(Subcontractor)

D~: )p-)AumT& - WieL+cayi)K 8 i(IX66 ~dgxyt()vl

'urvt I/rn 4.r&M 'VL(eSubcontractor/Supplier/Subconsultant to beadded or subsblute: Vt) IV&Authorized Contact forSubcontractor/Supplier/

N i))SubconsultantEmail Address(Subcontractor): V I A

Mote: Upon request, a copy of all wriiiten subcontractor agreements must be pmvided to the OCPO.

Iv lh

Dsscriotlon ofServices or SunollesTotal Price of

Subcontract forServices ol'uootles

The subcontract documents will Incorporate all requirements af the Contract swarded to the Contractor as applicable.The subcontract will in no way hinder the Subcontractor/Supplier/Subconaufinnt from maintaining its progress on anyother cantract on which it is either e Subcontractor/Supp&or/Subconsultsnt ar principal contractor. This disclosure ismade with the undeisbmding that ths Contractor is not under sny circumstances relieved of its abilities sndobligafians, and is responsible for the organization, performance, and quatty of wark, This form does not approveany proposed changes, revisions or modlfioetlons to Ihe contract approved ttBE/WBE Utgirafion Plan. Anychanges to the contract's approved ttBE/wBHUntizanon plan must be submitted to the orfice or theContract Compliance.

""F.'(e V (),)~k(, %0..6n k~

t Ci'Sids /L)i-Prime Contractor Signature

4-6'lfDate

I SF-1 &l2015


EXHIBIT II

Electronic Payables Program Form


OFFICE OF THE COOK COUNTY COIIPTROLLERELECTRONIC PAYABLES PROGRAki I"EWAYABLES"I

FOR INFORMATION PURPOSES ONLYThis document descnbes lire Ol'free of lhe Cook Counlv Comofmller's Electronic Pavables Prooram I*'E-pavabfes "Ilf vou wish so oarffclnare in E-pavables. olease contact the cook Counlv comolroller's ofgce Accounts pavable. 118 ly ciarirStreet. Room 500. Chicaoo. IL 60602.

DESCRIPTIONTo increase payment sfficiency and timeliness, we have introduced E-Payables program, a new payment initiative to our accountspayable modeL This new inibalive utilizes a Visa purchasing card and operates through the Vise payment network. This is County'spreferred method of payment and your parbdpabon in our Visa purchasing card program will provide mutual benelits both to yourorganizabon and ours.

As a vendor, you may experience the following benefits by accepbng this new payment type:Improved cash flow and accelerated paymentReduced paperwork and a more streamlined accounts receivable processElimination of ebs payment issuesReduced payment delaysReduced costs for handling paper checksPayments settled dirediy to your merchant account

There are two options within this initiabve:

4. Dedicated CreditCard-"PULL" SettlementFor this oplion, you will have an assigned dedicated credit card to be used for each payment. You will provide a point of contact withinyour organizabon who will keep credit card information on file. Each time a payment is made, you will receive a remittance advice viaemail detailing the invoices being paid. Each fime you receive a remittance advice, you will process payments in the same manner youprocess credit card transactions today.

5. One-Time Use Cmdlt Card - "SUGA" SetgementFor this option, you will provide a point of contact within your organization who will receive sn email notification authorizing you toprocess payments in the same manner you process credit card transactions today. Each time payment is made, you will receive aremittance advice, via email, detailing the invoices being paid. Also, each time you receive a remittance advice, you will receive a new,unique credit card number. This option is ideal for suppliers who are unable to keep credit card account information on file.

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EXHIBIT IIIpreference for Veteran's Business Enterprise and Service-Disabled Veteran's Business Enterprise Form

CONTRACT NO, 1635-15205

VETERAN'S PREFERENCE FOR VBE AND SDVBE

INSTRUCTIONS

In accordance with Secfion 34-236(b) of the Cook County Procurement Code, the Chief Procurement Officer ("CPO") shall give apreference of five oercsnt of tba amount of the Contract to a Respansible and Responsive Veterans Owned Business Enterprise(VBE) snd Service Disabled Veterans Business Enterprise (SDVBE) requesting a preference for Bids. All Bidders who arersouestlna this orsference must comnlete the tenn. snd attach a caov of its certicadon. Prior to snnlvlno the lfve oercentnreference. the CPO must receive aoorovsl fl»m the Contract Comolisnce Director rCCDI that the Bidder is a auall ried VBE orSDVBE.

DEFINITIONS

Veteran-owned Business Enterprise (VBE) means a small business (i) that is st least 51 percent owned, controlled and managed byone or more Eligible Veterans or in the case of a corporation, at least 51 percent or more of the stock of which is owned, controlled andmanaged by one or more Bigible Veterans; (ii) that has its home office in Illinois, as certified by the Contract Compliance Director(CCD) under policies and procedures promulgated by the CCD.

Eligible Veteran means a person who (I) has been either a member of the armed farces af the United States or, while a atizen of theUnited States, was a member of the armed forces of allies of the United States in fims of hostilities with a foreign country and (ii) hasserved under one or mors of the following condibons: (a) the veteran served a total of at least 6 months; (b) the veteran served for theduration of hosfilitiss regardless of the length of the engagement; (c) the veteran was discharged on the basis of hardship; or (d) theveteran was released from acbve duty because of a service connected disability and was discharged under honorable conditions.

Armed forces af the United States means the United States Army, Navy, Air Force, Marine Corps, Coast Guard or service in active dutyas defined under 38 U.S.C. Secbon 101.Service in the Merchant llllarine that consfitutes active duty under Secban 401 of federal PublicAct 95-202 shall also be considered service in the armed forces for purposes of this Division.

Service-Disabled Veteran-owned Susiness Enterprise (SDVBE) means a small business (i) that is at least 51 percent owned,controlled, and managed by one or more qualified service disabled veterans or in the case of a corporafion, at least 51 percent or moreof the stock of which is owned, controlled and managed by one or more Service Disabled Veterans, (ii) that has its home office inillinois, as cerfrlied by the CCD under policies and procedures promulgated by the CCD.

Service-Disabled Veteran means an Eligible Veteran who has been found to have 10 percent or more service connected disability bythe United States Department of Veterans Affairs ar the United States Department of Defense.

Service-connected disability means s disability incurred in the line of duty in the acfive military, naval or air service as described in 38U.S.C. 101(16).

Small Business means a small business as defined by the U.S. Small Business Administrafion, pursuant to the business size standardsfound in 13 CFR Part 121, as related to ths nature of the work the Person seeks to perform on Contracts. A Psrsan is not an eligiblesmall business enterprise in any calendar fiscal year in which its gross receipts, averaged over the Person's previous tive fiscal years,exceed the size standards of 13 CFR Part 121.

REQUEST FOR PREFERENCE

via Bidder is requesting to receive a preference as a VBE. By requesfing this preference, Bidder certNes that it meetsthe definition of a VBE, as set forth above and has included a copy of its certification.

~JR Bidder is requesting to receive s preference ss a SDVBE. By requesting this preference, Bidder certifie that it meetsThe definiTion af a SDVBE, as set forth above and has included a copy of its cerfificaflon.

Elf'C+IOFt M/()I W, ZN('. VFT'6)r) <n+ JA (t) ftf F.fBidder (please print or type) Title

eu~~iu., 4~I 4-IS- l(aSignature r Date

Shnk (P).e(m60) UvfiT-KS. fz rn &Bn- 2-02 —408oE-mail address Phone Number

Sub 'dtoan s rnbsfaremethl day of ( W2 j(jf- . 20~

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My commission expires:

Notary Seal

12015

CONTRACT NO. 1535-152p5

EXHIBIT IVVeteran's Workplace Preference Public Works Contracts Form


AFFIDAVITVETERAN'S WORKPLACE PREFERENCE PUBLIC WORKS CONTRACTS

INSTRUCTIONS

In accordance with Section 34-236(a) of the Cock County Procurement Code, the Chief Procuremsnt Officer ("CPO") shall give apreference of ane oercent of the amount of the Contract to a Responsible and Responsive Cordractor for a Public Works Contractwhen such Contractor has committed by affidavit to utilize Eligible Veterans for at least five percent of the hours worked under suchContract. Failure ta utilize Eligible Veterans in accordance with the aflidavit will result in breach of contract. Aff Bidders who enereouestlna this oreference must corno(ere tfrfs Afffdavft.

DEFINITIONS

Eligible Veteran means s person who (i) has been either s member of the armed forces of the United States or, while a citizen of theUnited States, was a member of the armed forces of allies of the United States in time of hosblities with a foreign country and (ii) hasserved under one or more of the following condilions: {a)the veteran served a total of at least 6 months; (b) the veteran served for theduration of hostilities regardless of the length of the engagement; (c) the veteran was discharged on the basis of hardship; or (d) Iheveteran was released from acgve duty because of a service cannected disability and was discharged under honorable conditions

Armed lbrces of fhe United States means the United States Army, Navy, Air Force, Marine Corps, Coast Guard or service in active dutyas defined under 38 U.S.C. Section 101.Service in ths Merchant Marine that consbtutes active duty under Section 401 of federal PublicAct 95-202 shall also be considered service in the armed forces far purposes of this Division.

public Works means all fixed works constructed or demolished by the County, or paid for wholly or in part out of public fundsadministered by the County. "Public Works" as delined herein indudes all projects financed in whole or in part with bonds, grants,loans, or other funds made available by or through federal or State government, or the County. "Public Works" doss not include projectsundertaken by Ihe owner st an owner-occupied single-family residence or at sn owner-occupied unit of a multifamily residence. "PublicWorks" indudes any maintenance, repair, assembly, or disassembly work performed on equipment whether owned, leased, or rented.

Whj- kno II(

RAISE,

being 1irst duly sworn, do depose and slate as follows:MTkj) W. 4~4

1. I am the authorized representalive and I have the authority to make this Aihdavit for and on behalf of the Bidder

The Bidder is requesbng ths CPO grant a preference of one percent of the amount of the Contract in accordance with Section34-236(a) of the Cook Procurement Cods, as set forth above.

In accordance with the Cook County Procurement Code, the Bidder shall commit to utilize Eligible Veterans far at least fivepercent of the hours warked under the Contract. The Eligible Veterans must be employed directly by the Sidder.

The Bidder shall be solely responsible for requesting all persons to provide Bidder with appropriate documentation to ensurethat such person(s) is an Eligible Veteran, as defined above. Bidder cerbfies, that by sseldng this preference, it shell maintainappropriate documentehan, including payroll records, which shaw ths number of hours worked by Eligible Veterans.

The Bidder certifies, affirms and acknowledges that the failure to utilize Eligible Veterans in accordance with this Affidavit willresult in a breach of contract, which will allow the County to seek all rights and remedies as set forth in the Contract and anyother appropriate remedies available in equity or at law

E4 (SD~ Vl()r4 XNL.Bidder (please print or type)

6A. I l'.I (/iSignature

Shed k ('l8(.Hj)n VU()( 85. (O(T)E-mail address

40)de()+ /0(t) IVerTitle

I).-IS- I LfDate

(em -23'L- j-105oPhone Number

Subsc to ant(serom before methis day of QM 4-, 20~(z.


Notary Seal


EXHIBIT VMlnorlty-Owned Business Enterprise and Women-Owned Business Enterprise Utlllzatlon Plan

OFFICE OF CONTRACT COMPUANCE

JACQUELINE GOMEZ

DIRECTOR

118 N, Clark, Counfy Building, Room 1020 ~ Chicago, Illinois 60602 ~ i312) 603-55D2

TONI P RECKWENKLE

PRESIDENT

Cook Chancy Boarcl

of Commhslooors

RICHARD R. BOYKIN

1st Disrrrct

ROBERT STEELE

2nd District

JERRY BUTLER

3rd District

DATE: May 20, 2016

TO: Ryan Connor, Contract Negotiator

Office of the Chief Procurement Officer

FROM: Aleatha Easley, Compliance Office

Office of Contract Compliance

RE: M/W/DBE Goal Recommendation

Contract No. 1635-15205

Electronic Pollbook Workstation and Protective Case

STANLEY MOORE

4lh Districl

DEBORAH SIMS

5th District

JOAN PATRICIA MURPHY

6th Dlstrici

JESUS G. GARCIA

7ih Distdrct

LUIS ARROYO,JR

Bth District

The Office of Contract Compliance of Cook County is recommending a Otfr MBE and 096 WBE

participation goal for the above-referenced contract. Goal recommendation are based on

information such as the Scope of Work, the Estimated Project Cost, the current availability ofcertified M/WBEs in the marketplace to provide the goods and/or services necessary to fulfill the

contract requirements, and with the consultation of the User Agency depending on the nature of

the scope.

Should you have any questions, please contact me at 312.603.5504

PETER N. SILVESTRI

Bih District

BRIDGET GAINER

10th District

JOHN P. DALEY

11th District

JOHN A. FRITCHEY

12th Distdici

LARRY SUFFREDIN

131h District

GREGG GOBLIN

14th DistrictCC: Nathan Bernacchi, Clerk's Office

TIMOTHY O. SCHNBDER

16th District

JEFFREY R, TOBOLSKI

16th District

SEAN M MORRISON

17th District $ Fiscal Responsibility f Innovative Leadership tijou Transparency & Accountability JIM Improved services


EXHIBIT Vl

County Board Authorization

i~'S 8

Board of Commissioners of CookCounty

Legislation Details (With Text)

File¹: 16-5888 Version: 1 Name: Election Works, Inc., Geneva, illinois

Type:

File created:

On agenda:

Title:

Contract

10/11/2016

10/26/2016

PROPOSED CONTRACT

Status: Approved

In control: Board of Commissioners

Final action: 10/26/2016

Department(s): County Clerk - Election Department

Vendor: Election Works, Inc., Geneva, illinois

Request: Authorization for the Chief Procurement Officer to enter into and execute

Good(s) or Service(s): Electronic Pollbook Workstations and Protective Cases

Contract Value: $978,006.00

Contract period: 10/28/2016 - 10/27/2018

Potential Fiscal Year Budget Impact: FY 2016 $411,792.00, FY 2017 $296,214.00, FY2018$270,000.00

Accounts: 1652401607-521 institutional Equipment, 524-260 Professional Services, 524-388Computer Operation Supplies

Contract Number(s): 1635-15205

Concurrences:The contract-specific goal set on this contract was zero.

The Chief Procurement Officer concurs.

Summary: This contract will provide a universal carrier setup that will alleviate the need for ElectionJudges to assemble electronic pollbook peripherals and components. By receiving a fully-functioningelectronic pollbook syslem, the risk of error on the part of the Election Judge is nearly eliminated. Thecarrier would have profound benefits on Election Day by reducing errors in the precinct, simplifying'he voting process for both voters and judges, and reducing the troubleshooting time by in-field andcall center technicians. An "always-on" electronic pollbook system allows for real-time tracking ofvoting issues and notifications of possible issues in the precincts.

Sponsors:

Indexes:

Code sections:

Attachments:

Competitive bidding procedures were followed in accordance with the Cook County ProcurementCode. Bids were solicited for electronic pollbook workstations and protective cases. Election Works,Inc. was the lowest, responsive and responsible bidder.

DAVID ORR, County Clerk

Date Ver. Aotlon By Aatlon

Board of Commissioners of Cook County Page 1 of 2 Printed an f f/15/2616

Sbwsfsd by Lsglsisr

File¹:16-5888, Version: 1

10/26/2016 1 Board of Commissioners

PROPOSED CONTRACT

Department(s): County Clerk - Election Department

Vendor: Election Works, Inc., Geneva, Illinois

Request: Authorization for the Chief Procurement Officer to enter into and execute

Good(s) or Service(s): Electronic Pollbook Workstations and Protective Cases

Contract Value: $978,006.00

Contract period: 10/28/2016 - 10/27/2018

Potential Fiscal Year Budget Impact: FY 2016 $411,792.00,FY 2017 $296,214.00, FY2018 $270,000.00

Accounts: 1652401607-521 Institutional Equipment, 524-260 Professional Services, 524-388 Computer OperationSupplies

Contract Number(s): 1635-15205

Concurreuces:The contract-specific goal set on this contract was zero.

The Chief Procurement Officer concurs.

Summary: This contract will provide a universal camer setup that will alleviate the need for Election Judges toassemble electronic pollbook peripherals and components. By receiving a fully-functioning electronic pollbook system,the risk of error on the part of the Election Judge is nearly eliminated. The carrier would have profound benefits onElection Day by reducing errors in the precinct, simplifying the voting process for both voters and judges, and reducingthe troubleshooting time by in-field and call center technicians. An "always-on" electronic pollbook system allows forreal-time tracking of voting issues and notifications of possible issues in the precincts.

Competitive bidding procedures were followed in accordance with the Cook County Procurement Code. Bids weresolicited for electronic pollbook workstations and protective cases. Election Works, Inc. was the lowest, responsive andresponsible bidder.

Board of Commissioners of Cook County Page 2 of 2 Printed on 11/15/2016

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EXHIBIT VIIEconomic Disclosure Statement Forms, including Contract and EDS Signeturs Pages


COOK COUNTYECONOMIC DISCLOSURE STATEMENT

AND EXECUTION DOCUMENTINDEX

Section Description Panes

instructions for Completion of EDS EDS i-ii

Ceraacations

Economic and Other Disclosures, Aflidavit of ChildSuppott Obligadons, Disdosure of Ownership Interest

and Familial Relafionship Disclosure Form

Cook County Aflidavit for Wage Thelt Ordinance

Contract and EDS Execudon Page

Cook County Signature Page

EDS 1-2

EDS 3 —12

EDS 13-14

EDS 15-17

EDS 18


SECTION 1INSTRUCTIONS FOR COMPLETION OF

ECONOMIC DISCLOSURE STATEMENT AND EXECUTION DOCUNIENT

This Economic Disclosure Statement and Execufion Document ("EDS") is to be completed and executedby every Bidder on a County contract, every Proposer responding to a Request for Proposals, and everyRespondent responding to a Request for Qualifications, and others as required by the Chief ProcurementOificer. The execufion of the EDS shall serve as the execution of a contract awarded by the County. TheChief Procurement Oflicer reserves the right to request that ihe Bidder or Proposer, or Respondentprovide an updated EDS on an annual basis.

Definitions. Terms used in this EDS and not otherwise defined herein shall have the meanings given tosuch terms in the Instructions to Bidders, General Conditions, Request for Proposals, Request forQualifications, as applicable.

Affiliate means a person that directly or indirectly through one or more intermediaries, Controls isControlled by, or is under common Control with the Person specified.

Applicant means a person who executes this EDS.

Bidder means any person who submits a Bid.

Code means the Code of Ordinances, Cook County, illinois available on municode.corn.

Contract shall include any written document to make Procurements by or on behalf ofCook County.

Contractor or Contracting Party means a person that enters into a Contract with theCounty.

Control means the unfettered authority to directly or indirectly manage governance,administrafion, work, and all other aspects of a business.

EOS means this complete Economic Disclosure Statement and Execubon Document,including all sections listed in the Index and any attachments.

Joint Venture means an association of two or more Persons proposing to perform a for-proiit business enterprise. Joint Ventures must have an agreement in wrMng specifyingthe terms and conditions of the relationship between the partners and their relationshipand respective responsibility for the Contract

Lobby or lobbying means to, for compensation, attempt to influence a County oflicial orCounty employee with respect to any County matter.

Lobbyist means any person who lobbies.

Person or Persons means any individual, corporation, partnership, Joint Venture, trust,association, Limited Liability Company, sole proprietorship or other legal enfity.

Prohibited Acts means any of the acbons or occurrences which form the basis fordisqualification under the Code, or under the Cerbiicafions hereinaiter set forlh.

Proposal means a response to an RFP.

Proposer means a person submiffing a Proposal.

Response means response to an RFQ.

Respondent means a person responding to an RFQ.

RFP means a Request for Proposals issued pursuant to ibis Procurement Code.

RPQ means a Request for QualMiicati one issued to obtain the qualiiications of interested paNes.

EDS-I 6/2015


INSTRUCTIONS FOR COINPLETION OFECONOMIC DISCLOSURE STATEMENT AND EXECUTION DOCUMENT

Section 1:Instructions. Section 1 sets forth the instructions for completing and executing this EDS.Section 2: Certilications. Section 2 sets forth cerfificafions that are required for contracting parties underthe Code and other applicable laws. Execution of this EDS consfitutes a warranty that all the statementsand ceitifications contained, and afi the facts stated, in the Cerbficafions are true, correct and complete asof the date of execufion.

Section 3: Economic and Other Disclosures Statement. Secbon 3 is the County's required Economicand Other Disclosures Statement form. Execufion of this EDS constitutes a warranty that afi theinformation provided in the EDS is Ime, correct and complete as of the date of execution, and binds theApplicant to the warranties, representations, agreements and acknowledgements contained therein.

Required Updates. The Applicant is required to keep afi informafion provided in this EDS current andaccurate. In the event of any change In the informafion provided, including but not limited to any changewhich would render inaccurate or incomplete any certification or statement made in this EDS, theApplicant shall supplement this EDS up to the time the County takes action, by Sling an amended EDS orsuch other documentation as is required.

Additional Information. The County's Governmental Ethics and Campaign Financing OrdinancesImpose certain duties and obliga5ons on persons or entities seeking County contracts, work, business, ortransactions, and the Applicant is expected to comply fully with these ordinances. For further informationplease contact the Director of Ethics at (312) 603-4304 (69 W. Washington St. Suite 3040, Chicago, IL60602) or visit the web-site at cookcountyil.govlethics-board-of.

Authorized Signers of Contract and EDS Execution Page. If the Applicant is a corporation, thePresident and Secretary must execute the EDS. In the event that this EDS is executed by someone otherthan the President, attach hereto a certified copy of that section of the Corporate By-Laws or otherauthorization by the Corporation, safisfactory to the County that permits the person to execute EDS fcrsaid corporafion. If.the corporafion is not registered in the State of illinois, a copy of the Cerfificate ofGood Standing from the state of incorporation must be submitted with this Signature Page.If the Applicant is a partnership or joint venture, afi partners or joint venturers must execute the EDS,unless one partner or joint venture has been authorized to sign for the partnership or joint venture, inwhich case, the partnership agreement, resolution or evidence of such authority safisfactory to the Officeof the Chief Procurement Officer must be submitted with this Signature Page.If the Applicant is a member-managed LLC afi members must execute the EDS, unless otherwiseprovided in the operating agreement, resolution or other corporate documents. If the Applicant is amanager-managed LLC, the manager(s) must execute the EDS. The Applicant must attach efiher acerbTied copy of the operating agreement, resolution or other authorization, safisfactory to the County,demonstrating such person has the authority to execute the EDS on behalf of the LLC. If the LLC is notregistered in the State of lfiinois, a copy of a current Cerfificate of Good Standing from the state ofincorporation must be submitted with this Signature Page.

If the Applicant is a Sole Proprietorship, the sole proprietor must execute the EDS.

A Partnership" "Joint Venture" or Sole Proprietorship" opera5ng under an Assumed Name must beregistered with the Illinois county in which it is located, as provided in 805 ILCS 405 (2012), anddocumentation evidencing registration must be submitted with the EDS.

EDS-il 8/2015


SECTION 2

CERTIFICATIONS

THE FOLLOWING CERTIFICATIONS ARE MADE PURSUANT TO STATE LAW AND THE CODE. THE APPLICANT ISCAUTIONED TO CAREFULLY READ THESE CERTIFICATIONS PRIOR TO SIGNING THE SIGNATURE PAGE. SIGNINGTHE SIGNATURE PAGE SHALL CONSTITUTE A WARRANTY BY THE APPLICANT THAT ALL THE STATEMENTS,CERTIFICATIONS AND INFORMATION SET FORTH WITHIN THESE CERTIFICATIONS ARE TRUE, COMPLETE ANDCORRECT AS OF THE DATE THE SIGNATURE PAGE IS SIGNED. THE APPLICANT IS NOTIFIED THAT IF THE COUNTYLEARNS THAT ANY OF THE FOLLOWING CERTIFICATIONS WERE FALSELY MADE, THAT ANY CONTRACT ENTEREDINTO WITH THE APPLICANT SHALL BE SUBJECT TO TERMINATION.

A. PERSONS AND ENTITIES SUBJECT TO DISQUAUFICATION

No person or business entity shall be awarded a contract or sub-contract, for a period of five (5) years from the date ofconviction or entry of a plea or admission of guilt, civil ar criminal, if that person or business entity:

1) Has been convicted of sn act committed, within ths Stats of filinois, af bribery or attempting to bribe an ofliceror employee of a unit of state, federal or local government or school disbtct in the Stats of lfiinois in thatofficer's or employee's official capacity;

2) Has been convicted by federal, state or local government of an act of bid-rigging or attempting to rig bids asdefined in the Sherman Anfi-Trust Act snd Clayton Act. Act. 15 U.S.C. Section 1 et sequ

3)

4)

Has been convicted of bid-rigging or attempting to rig bids under the laws of federal, state or localgovernment;

Has been convicted of sn sct committed, within the State, of price-fixing or attempting to fix prices as definedby the Sherman Anti-Trust Act and the Clayton Act. 15 U.S.C. Section 1, et sequ

5) Has been canvicted of price-fixing or attempting to fix prices under the laws the State;

6) Has been convicted of defrauding or sttempfing ta defraud any unit of slate or local government or schooldisbtct within ths Stats of filinais;

7) Has made an admission of guilt of such conduct as sst forth in subsections (1) through (6) above whichadmission is a matter of record, whether or not such person or business entily was subject ta prosecution forthe offense or offenses admitted to; or

8) Has entered a plea of nolo contendere to charge of bribery, price-fixing, bid-rigging, or fraud, as set forth insub-paragraphs (1) through (6) above.

In the case of bribery or attempfing to bribe, a business entity msy not be awarded a contract if an oflicial, agent oremployee of such business entity committed the Prohibited Act on behalf of the business entity snd pursuant to thsdirection or authorizstion of an oflicer, director or other responsible oflicial of the business entity, and such ProhibitedAct occurred within three years prior to the award of the contract. In addibon, a business enfity shall be disqualified if anowner, partner or shareholder conbafiing, direcfiy or indirectly, 20% or more of the business entity, ar an oflicer of thebusiness entity has performed any Prohibited Act within five years prior to the award of the Contract.

THE APPVCANT HEREBY CERTIPIES llfAT: The Applicant has read the provisions of Section A, Persons andEntities Subject to Disquslificabon, that ths Applicant hss not committed sny Prohibited Act set forth in Section A, sndthat award of the Contract to ths Applicant would not violate the pravisions af such Secfion or of ths Code.

BID-RIGGING OR BID ROTATING

THE APPLICANT HEREBY CERTIRES THAT: In accordance with 720 ILCS 5/33 E-f1, neither the Applicant nor anyAffilieted Entify is boned from sward of this Contract as e result of s conviction for the vfolslian of Stele Isws prohibitingbid-n'gglng or bid rotating.

DRUG FREE WORKPLACE ACT

THE APPV CANT HEREBY CERTfflES THAT'. The Applicant will provide a drug free workplace, as required by (30 ILCS580(3).

EDS-1 8/2015


DEUNQUENCY IN PAYMENT OF TAXES

THE APPUCANT HEREBY CERTIFtES THAT: The Applicantis not en owner or e party responsible for the payment ofany tax or fee administered by Cook County, by a local municipality, or by the illinois Department of Revenue, which suchtax or fee is detrhquenL such as bar award of a contract or subcontract pursuant to the Code, Chapter 34, Section 34-171

HUMAN RIGHTS ORDINANCE

No person who is a party to s contract with Cook County ("County" ) shall engage in unlawful discrimination or sexualharassment against sny individual in the terms or conififions of employment, credit, public accommodations, housing, orprovision of County facilities, services or programs (Code Chapter 42, Secfion 42-30 et seq.).

ILUNOIS HUMAN RIGHTS ACT

THE APPUCANT HERESY CERTfRES THAT: it is in compliance with the illinois Human Rights Act (775 ILCS 52-105),and agrees to abide by the requirements of the Act as pert ofits contractual obligations.

INSPECTOR GENERAL (COOK COUNTY CODE, CHAPTER 34, SECTION 34-174 and Section 34-250)

The Applicant has not willfully failed to cooperate in an investigation by the Cook County Independent Inspector Generalor to report to the Independent Inspector General any and afi informa6on concerning conduct which they know to involvecorruption, or other criminal acbvity, by another county employee or oflicial, which concerns his or her office ofemploymsnt or County related transacfion.

The Applicant has reported diredly and without any undue delay any suspected or known fraudulent acfivity in theCounty's Procurement process to the Oflice of the Cook County Inspector General.

CAMPAIGN CONTRIBUTIONS (COOK COUNTY CODE, CHAPTER 2, SECTION 2-585)

THE APPLICANT CERTIFIES THAT: It has read and shall comply with the Cook County's Ordinance concerningcampaign contribufions, which is codNed st Chapter 2, Division 2, Subdivision II, Section 585, and can be read in itsenfirety at www.municode.corn.

GIFT BAN, (COOK COUNTY CODE, CHAPTER 2, SECTION 2574)

THE APPLICANT CERTIFIES THAT: It has read and shall comply with the Cook County's Ordinance concerningreceiving and solici6ng gifts and fsvom, which is codilied st Chapter 2, Division 2, Subdivision 6, Section 574, and can beread In its entirety st www. municode corn,

LMNG WAGE ORDINANCE PREFERENCE (COOK COUNTY CODE, CHAPTER 34, SECllON 34-160;

Unless expressly waived by the Cook County Board of Commissionem, the Code requires that a living wage must be paidto individuals employed by a Contractor which hss a County Contract and by afi subcontractors of such Cordractor under aCounty Conk act, throughout the durabon of such County Contract The amount of such living wage is annually by theChief Financial Ofiicer of ths County, and shall be posted on the Chief Procursmsnt Officefs website.

The term "Contract's used in Secfion 4, I, of this EDS, specificsfiy exdudes contracts wiTn the following:

1) Not-For Profit Organizations(defined as a corporation having tax exempt status under Section 501(C)(3)of theUnited State Internal Revenue Cods and recognized under the filinois State not-for -profit law);

2) Communily Development Block Grants;

3) Cook County Works Depwtmenh

4) Sharira Work

Alternative

Program; and

5) Department of Correction inmates.

EDS-2 8/2015


SECTION 3

REQUIRED DISCLOSURES

1. DISCLOSURE OF LOBBYIST CONTACTS

List all persons that have made lobbying contads on your behalf with respect to this contract:

Name

hfhj llf)nlij'4 LIPI

'ddress

2. LOCAL BUSINESS PREFERENCE STATEMENT(CODE, CHAPTER 34, SECTION 34-230)

Local business means a Person, including a foreign corporation authorized to transact business in illinois, having a bona fideestablishment located within the County atwhich it is transacting business on the date when a Bid is submitted to the County,and which employs the majority of its regular, full-time workforce within the County. A Joint Venture shall constitute a LocalBusiness if one or more Persons that qualify as a "Local Business" hold interests totaling over 50 percent in the Joint Venture,even if the Joint Venture does not, at the time of the Bid submittal, have such a bona fide establishment within the County.

a) Is Applicant a "Local Business" as deqned above?

Yes:

b) If yes, list business addresses within Cook County:

Met tLnn I ('r.3&i e .

c) Does Applicant employ the majority of its regular full-time workforce within Cook County?

Yes: No:

3. THE CHILD SUPPORT ENFORCENIENT ORDINANCE (CODE, CHAPTER 34, SECTION 34-172)

Every Applicant for a County Privilege shall be in full compliance with any child support order before such Applicant is entitled toreceive or renew s County Privilege. When delinquent child support exists, tha County shall not issue or renew any CountyPrivilege, and may revoke any County Privilege.

All Applicants are required to review the Cook County Affidavit of Child Support Obligations attached to this EDS (EDS-5)and complete the Aflldavlt, based on the instructions In the Afildavlt

EDS-3 6/201 5


4. REAL ESTATE OWNERSHIP DISCLOSURES.

The Applicant must indicate by checking the appropriate provision below and providing all required information that either

a) The following is a complete list of all real ssbrte owned by the Applicant in Cook County:

PERMANENT INDEX NUMBER(S). IVIIV l40 j)re~ 4) P

(ATTACH SHEET IF NECESSARY TO LISTADDITIONAL INDEXNUMBERS)

OR:

b) The Applicant owns no real estate in Cook County,

5. EXCEPTIONS TO CERTIFICATIONS OR DISCLOSURES.

If the Applicant is unable to certify to any of the Certificali one or any other statements contained in this ED S and not explainedelsewhere in this EDS, the Applicant must explain below:

If the letters, "NA", gte word "None" or "No Response" appears above, or if the space is loft blank, it will be condusivsly presumedthat the Appficant cert)gad to all Cerggcations snd other statements contained in this EDS.

8/2015


COOK COUNTY DISCLOSURE OF OWNERSHIP INTEREST STATEMENT

The Cook County Code of Ordinances (02610 e/ seq.) requires that any Applicant for any County Adion must disdose informationconcerning ownership interests in the Applicant This Disclosure of Ownership Interest Statement must be completed with allinformation current as of the date this Statement is signed. Furthermore, this Statement must be kept current, by filing an amendedStatement, until such time as ihe County Board or County Agency shall take action on the applicafion. The information contained inthis Statement will be maintained in a database and made available for public viewing.

If you are asked to list names, but there are no applicable names to list, you must state NONE. An incomplete Statement will bereturned and any action regarding this contract will be delayed. A failure to fully comply with the ordinance may result in the actiontaken by the County Board or County Agency being voided.

"gpp/icon/" means any Entity or person making an application to the County for any County Action."County Action" means any scbon by s County Agency, a County Department, or ths County Board regarding an ordinance orordinance amendmsnt, a County Board approval, or other County agency approval, with respect to contracts, leases, or sale orpurchase of real estate.

Person" Enf/ty" or 'Legs/ Enb1y" means a sole proprietorship, corporation, partnership, association, business trust, estate, two ormore persons having a joint or common interest, trustee of a land trust, other commercial or legal entity or any beneficiary orbeneficisries thereof.

This Disclosure of Ownership interest Statement must bs submitted by:1. An Applicant for County Acbon snd2 A Person that holds stock or s beneficial interest in the Applicant and is listed on the Applicant's Statement {a"Holder) must file aStatement and complete 41 only under Ownership Interest Dedaration.Please print or type responses dearly and legibly. Add additional pages if needed, being careful to idenfify each portion of the form towhich each additional page refws.

This Statement Is being made by the [ V ] Applicant or [ ] Stock/Beneficial interest Holder

This Statement Is an: [ ~Original Statement or [ ] Amended Statement

Identifying Information:

N.me E 4.(-4~D/B/A: I\f ]IL FEIN NO.: 3(o 5 K/0 7 35[J1StrestA+rsis; 0 g f) I I(/ (t)+ I Ihf M//nr P.city: HF'.nP[a Zip Code: 4 0 [ iMPhone No. 4M —rid - [D.A Fax Number: 430 —2M-LfQQQ Email: D4U I(t). P lf Ck| Pr&L(]0Tgr0,

Cook County Business Regisb'ation Number.(Sole Proprietor, Joint Venture Partnership)

Corporate File Number (if applicable): 6 7Form of Legal Entity:

[ ] Sole Proprietor [ ] Psrlnership

[ ] Business Trust [ ] Estate

[ ] Other (describe)

[W Corporation

[ ] Association

[ ] Trustee of Land Trust

[ ] Joint Venture

Ownership Interest Dedaragon:

Ust the name(s), address, and percent ownership of each Person having a legal or bene/icial interest (includingownership) of more than fivs percent (5%) in the Applicant/Holder.

Name Address

RrlnrlM NrJ 00 r%(// 0/&I'IhfJPI<//F('~n~Va.

J.I [~/9~+

Percentage Interest in

Applicant/Holder

ID A'7o

EDS-6 8/2015


If the interest of any Person listed in (1) above is held as an agent or agents, or a nominee or nominees, list the nornsand address of the principal on whose behalf the interest is held.

Name of Agent/Nominee

b.lm f4n6r/IMPName of Principal Principal's Address

Is the Applicant constructively controfied by another person or Legal Enfity? [ ] Yes [ W] No

If yes, state the name, address and percentage of beneficial interest of such person, and the relationship under whichsuch control is being or may bs exercised.

Name Address Percentage ofBeneficial Interest

Relafionship

Mn)- P f)nl'I/fi4e

Corporate Ofllcers, Members and Partners Information:

For all corporations, list ths names, addresses, and terms for afi corporate officers. For all limited liability companies, list thenames, addresses for all members. For afi partnerships and joint ventures, list the names, addresses, for each partner or jointventure.

Name Address Title (specify fifie ofOffice, or whether manager

Term of Ottice

or pa/tner/joint venture)

.I(LAkta APA QSO([(/) Gklt'0/Slif//m. Prez )AP~/jol+nPI/)2, G lfR[W Alt)h/P(

hlftiv/- Q()f)1')r

nkvd(?

Declaragon (check the applicable box):

[ v/] I siate under oath that the Applicant has withheld no disdosure as to ownership interest in the Applicant nor reservedany information, data or plan as to the intended use or purpose for which the Applicant seeks County Board or other

County Agency schon.

[ ] I state under oath that the Holder has withheld no disclosure as to ownership interest nor reserved any informationrequired to be disdosed.

9a.are AAName of Au]horized Applicant/Holder Repro]tentative (please print or type)

5VM[rj W~JSignature

b4r Cl 6 /,1+(k"I/j)r 4)/Ir K6, (.'nfnE-mail address

Suthis

7t P(tr)PA4. IOtA) hhP.ETMe

(j-I5-lbDate

4%A -330 —LjnhnPhone Number


XNotary Seal

8/2015

CONTRACT NO. 1535 15205

COOK COUXTT BOARD OF ETHICS69 W. WASHINGTON STREET, SU1TE 3040

CHICAGO, ILLINOIS 60602312/603-4304 Office 312/603-9988 Fax

FAMILIAL RELATIONSHIP DISCLOSURE PROVISION

Neuotism Disclosure Reuuhument:

Doing a siguifioant amount of business with the County requires that you disclose to the Board of Ethics the existence of enyfamilial relationships with any County employee or any person holding elective office in the State of Illinois, the County, or inany municipality within the County. The Ethics Ordinance defines a signiTicant amount of business for the purpose of thisdisclosure requirement as more than $25,000 in aggregate County leases, contracts, purchases or sales in any calendar year.

If you are unsure of whether the business you do with the County or a County agency will cmss this threshold, err on the sideof caution by completing the attached familial disclosure form because, among other potential penalties, any person foundguilty of failing to make a required disclosure or knowingly filing a false, misleading, or incomplete disclosure will beprohibited from doing auy business with the County for a period of three years. The required disclosure should be filed withthe Board of Ethics by January 1 of each calendar year in which you are doing business with the Couniy and again with eachbid/proposaVquotauon to do business with Cook County. The Board of Ethics may assess a late filing fee of $100 per day afteran initial 30-day grace period.

The person that is doing business with the County must disclose his or her familial relationships. If the person on the Countylease or contract or purchasing fiom or sefiing to the County is a business entity, then the business entity must disclose thefamilial relationships of the individuals who are and, during the year prior to domg business with the County, were:

~ its board of dimctors,~ its officers,~ its employees or independent contractors responsible for the general administration of the entity,~ its agents authorized to execute documents on behalf of the entity, snd~ its employees who direotly engage or engaged in doing wort with tbc County on behalf of the entity.

Do not hesitate to contact the Board of Ethics at l312) 603-4304 for assistance in determining the scope of any requiredfamilial relationship disclosure.

Additional Definltlansi

'*Familial relationship" means a person who is a spouse, domestic partner or civil union parlner of a County employee or State,County or municipal official, or any person who is related to such an employee or official, whether by blood, marriage oradoption, as a:

Q Parent

0 CllfidBrother

0 SitarAuntUncle

P NieceC3 Nephew

0 Grandparent

0 Grandchild

0 Father in-law

Q Mother-in-law

Q Son.in-law

0Daughter. in-law

0Brotherin-Iaw

Cl Sisterin-Iaw

CI StepfatherCI StepmotherQ Stepson0 Stepdaughter

P StepbrotherQStcpsisterCI Haifbrother

I3 HaIFsister

EDS-8 8/2015


COOK COUNTY BOARD OF ETHICSFAMILIAL RELATIONSHIP DISCLOSURE FORM

PERSON DOING OR SEEKING TO DO BUSINESS WITH THE COUNTY

NameofpersonDoingBusinesswithtbeCounty: Flat~ VJI)flan. ~P ~ /Un'(rt( Ae c'l

AddressofPersonDoingBusinesswiththe County: 0 4() l(t EQUI I)Y'Plilt t 8 -6(flRYtg(ZL0 IAr~ >g+

Phone number ofPerson Doing Business with the County: (050 2% 2- -4630Email address ofPerson Doing Busiaess with the County 6H BfbQ ~MTjDA( ()OAKS i (-0L(

IfPerson Doing Business with the County is a Business Engty, provide the name, title and contact information for theindividual completing this disclosure on behalf of the Person Doing Business with the County:

NMLN'('.(1 t 45k Ak 4 J)Q->M.-LI(IAD

DESCRIPTION OF BUSINESS WITH THE COUNTYAppend additional pages as needed and for each County tease, contract. purchase or rate sought and(orobtained during the calendar year ofder disclose m (or the prcceedingcalendar year ifdisclosure is made

on January I), (dana)yrr

The lease number, contract number, pmchsse order mnnber, request for pmposal number aud/or request forquslificetion number associated with the business you mu doing or seeking to do with the County:

L()W(jt- 4-6l f)()l(( All('.ll ty)t)n4- Ni). ~ I (oJr5 - I5205I

The aggregate dollar value of the business you are doing or seeking to do with the County- 5 I Ã, Ols.i

Tbe name, title aud contact infonnaSun for the County official(s) or employee(s) involved in negotiating 1be business

you are doing or seehag to do with the County:

%(rrtnr hnnilr,(rrntisrl- Iyenntiriinr (erne'rl: em v rrnnv aerrrrtrninsr'r I rihre)J . 't J VTbc name, title and contact information for the County a%nial(s) or employee(s) involved m managing the business

you are doing or seeking to do with tbe County:

'Vrrnrv'Irnnrrf, (tnlu r+ (trrr nirr'ntr r (ernerl rtr rri. rf nnr rrartrrkrrnrrdj I I r9r)JDISCLOSURE OF FAMILIAL RELATIONSHIPS WITH COUNTY EMPLOYEES OR STATE. COUNTYOR MUNICIPAL ELECTED OFFICIALS

Check the box that applies and provide related information where neededI

The Person Doing Business with the County Is an lndlvtdual snd there is ne famglal relationship between thisindividual errd sny Cook County employee or any parson holding elective of6ce in the State of Illinois, Cook County,or sny municipality within Cook County.

The Person Doing Business with tbe County is a busiaess entity and there is no familial rdationship betweea anymember of this business entity's boanl of directors, ofIiorus, persons responsible for general administration of tbebusmess entity, agents authorized to execute doouments on behalf of the busiuess entity or employees dhuctly

engaged in contractual work with the County on behalf of the business entity, and sny Cook County employee or anyperson holding elective office in the State of Illinois, Cook County, or any namicipality within Cook County.

EDS+ 5(2015


COOK COUNTY BOARD OF ETHICSFAMILIAL RELATIONSHIP DISCLOSURE FORM

0 The Person Doing Business with the County is an individual and there ls a familial relationship between thisindividual and at least one Cook County employee and/or a person or persons holding elective office in the State ofBlinois, Cook County, and/or any municipality within Cook County. The familial relationships are as follows:

Name of Individual DoingBusiness with the County

IVAV 4Ol"i('I L lt

Name of Related County Title snd Position ofRelatedEmployee or Smte, County or County Employee or State, CountyMunrcipal Elected Otfrcial or Municipal Elected OQiciat

Nature of FamilialRelationship*

Ifmore space is needed, attach an additional sheet following the above format

Ij The Person Doing Business with the County is a busiaess entity snd there is a familial relationship between at leastone member of this business entity'aboard of directors, officers, persons responsible for general adminislmtion of thebusiness entity, agents authorized to execute documents on behalf of the business entity and/or employees directlyengaged in contractual work with the County on behalf of the business entity, on the one hand, and at least one CookCounty employee and/or a person holding eleotive office in the State of Illinois, Cook County, and/or anymunicipality within Cook County, on the other. The fanttltal relationships are as follows:

Name ofMember of BoardofDirector for BusinessEntity Doing Business withthe County

Name of Rehned County Title and Position ofRelatedEmployee or Stale, County or County Employee or Smte, CountyMunicipal Elected Of8cial or Municipal Elected OBiciat

Nature of FamilialRelationship

N'(4 Anil)'irked)le

Name ofOfflcer for Business Name of Related County Title and Position ofRelatedEntity Doing Business with Employee or State, County or County Employee or State, Countythe County Municipal Elected Of5cial or Municipal Elected Oflicial

6/W Ahn liiCShl&


EDS-10 8i2015


Name ofPerson Responsiblefor the GeneralAdministration of theBusiness Entity DoingBusioess with the County

Name of Rebued County Title snd Position ofRelatedEmployee or State, County or Couaty Employee or State, CountyMunicipal Elected Official or Municipal Elected Official


6opI'((~~m

Name ofAgent Authorizedto Execute Documents forBusiness Eatity DoingBusiness with the County

Name of Related County Title and Position of RelatedEmployee or Suue, County or County Employee cr State, CountyMunicipal Elemed Official or Municipal Elected Official

Nature of FamilialRelationship*

Mflk- l4() l I(+w

Name of Employee ofBusiness Entity DirectlyEngaged in Doing Businesswith the County

Name of Related County Title sud Position of RelatedEmployee or State, County or County Employee or State, CountyMunicipal Elected Of5cial or Municipal Elected OBicial

Nature of FamilialRelationshi p

lVa 4nl i(.hj)|W

(fmore space is needed, attach an aditi tional sheet followi ng the above format.

VERIFICATION: To the best of my knowledge, the information I have provided on this disclosure form is accurate andcomplete. I aoknowledge that an inaccurate or incomplete disclosure is punishable by law, including but not limited to finesand debarment.

Signature of Recipient Date

SUBMIT COMPLETED FORM TOi Cook County Bomd of Ethics69 West Washington Street, Suite 3040, Chicago, Illinois 60602Office (312) 603-4304 —Fax (312)603-9988CookCounty. [email protected]

Spouse, domestic partner, civil union partner or parent, child, sibling, aunt, uncle, niece, nephew, grandparent or gmndchildby blood, marriage (i.e. in laws and step iuhtions) or adoption.

EDS-11 SI2015


SECTION 4

COOK COUNTY AFFIDAVIT FOR WAGE THEFT ORDINANCE

Erective May 1, 2015, every person, lncludlnu substantial owners. seeking a contract with Cook county must comply with the cook ccurity wage rhettOrdinance set /orth in Chapter 34, Arbcle IV, Section 179. Any person/Substantial Owner, who fails to comply with Cook County Wage Theft Ordinance,msy request ihat the Chief Pmcurement Oflicer grant a mduction or waiver in accordance with Section 34-179(d)."Contract�

'eans any written document to make Procuisments by or on behalf of Cook County.

"person" means any individual, corpomtlcn, partnership, Joint Venture, tnwt, association, limited liability company, sole proprietorship or other legal ensty

"Procuremenf'eans obtaining supplies, equlpmsnt, goods, or services of any kind.

"Substantial Owneri means any pwson or persons who own or hold a twenty-rive percent (25%) or more percentage of interest in any business sootyseeking a County Privilege, including those shareholders, general or limited partners, beneficiaries and principals; except where a business entity is anindividual or sole proprietorship, Substantial Owner means that individual or wile proprietor.

All persons/Substantial Owners srs required to complete this allldsvlt snd comply with the Cook County Wage Theft Ordinance before any Contract ls,

awarded. Signature of this tbnn const«utes a certlllcsaon the information pmvided below is correct and complete, snd that the Individual(s) signing this form'. has/have personal knowledge of such information.

I. Contract Information

State:

Drivefs License No:

Contract Number: AH ill ty10((0 Kln. + I (I)M- )52 05County Using Agency (requesting Procurement): (OAK Ph(L V)4

III. Person/Substantial Owner Information:

Person(Corporate EntityName): F,l'P( 4~ X(Irk',TrY('ubstantial

Owner Complete Name: ~A l1(LM l4PJFEIN¹ B4 - 5 Mu 733MDate of Birth: E-mail address: S kE)L) Pl ~TIDfi/ LL)DEt(.x. L) QQStreetAddress: 0 4 09(/I Ckkli(V'/0itfF'C;ty: San e)/'A zip: Lrc) I3+.Home Phone: ~(P3 54.7 —'9 4/I (Jl

III. Compliance with Wage Laws:

Vyithtn the past five years hae the Person/Substantial Owner, in any judicial or administrative proceeding, been convicted of,entered a plea, made an admission of guilt or liability, or had an administrative finding made for committing a repeated or willfulviolation of sny of ths following laws:

Illinois Wage Payment end Co//ec//on Aci, 820 /LCS 115/1 et seq., YES orQO

I//inois Minimum Wage Act, 820 /LCS 105/f et seq., YES o NO

illinois Worker Adjustment end Retraining Not/gest/on Act, 820 /LCS 85/f et seq., YES oOEmployee C/essigcs/ion Act, 820 /LCS I85rf et ssq., YES o@NO

Fair Labor Standards Act of 1938, 28 L.S.C.201, et seq., YES oNO

Any comparable sia/e statute or regulation of any state, which governs t/re payment ofwages YES orgO

If ths Person/Substantial Owner answered "Yes" to any of the questions above, it is ineligible to enter into a Contract with CookCounty, but csn request a reduction or waiver under Section IV.

EDS-12 8/2015


IV. Request for Waiver or Reduction

If Person/Substangal Owner answered "Yes" to any of the questions above, it may request a reducbon or waiver inaccordance with Section 34-179(d), provided that ths request for reducfion of waiver is made on the basis of one ormore of the following actions that have taken place:

There h/ta been a bona fide change in ownership or Control of the ineligible Person or Substantial OwnerYES o~NO

Disciplinfrnt ection hss been taken against the individue/(s/ responsible for the acts giving rise to the violationYES or@NO

Remedit/Lection has been taken to prevent a recunsnce of the acts giving rise to the disqualilicetion cr defaultYESo~oOther /ac/are that ihe Person or Substantial Owner believe are relevant.YES a~NO

Ths Person/Substantial Owner must submit documentation lo suoooit the basis o/rts isouest for a reduction or wa/vsr. TheChief Procurement Oificer reserves the riant to make additional inouiries and isouest additional documentation.

V. AISrmationThe Person/Subslantiai Owner aIIirms the all stptemems contained in the Affidavit are true, accurate and complete

Signature: 6A Wl ('C( .f Date: 8- PW ZCI

Name of Person signing (Print): Rf1 TI/I )'0 APA Title Pl'WIQP/I+ /(ALI)(le"

x ~ /77'AL~u iibed and sworn Io before me this W day of Jr r sv, 20 /r

tsg~~ry Public SlgnabIII)/

NNote: The above lnfonnadon ls sub/sct to ver/Scat/on prior m the award of the ntnag

EDS-13 8/2015


SECTION 5

CONTRACT AND EDS EXECUTION PAGEPLEASE RCECIITE THREE ORIGINAL PAGES OF EDS

The Applicant hereby cerbfies and warrants that sll of the statements, certificadons and representations set forth in this EDS aretrue, complete and correct; that the Applicant is in full compliance and will continue to be in compliance throughout the term of theContract or County Privilege issued to the Applicant with all the policies and requirements set forth in this EDS; and that all factsand information provided by the Applicant in this EDS are true, complete and correct. The Applicant agrees to inform the ChiefProcuremsnt Office in writing if any of such statements, certificagons, representations, facts or information becomes or is found tobe untrue, incomplete or incorrect during the term of the Contract or County Privilege.

Execution

Corporation's Name

ll m -~~~-W~e~Telephone

~fvj rr. Vrj /<nnfrt 4Secretary Signature

by Corporation

~an-trr j-j~l ) amrr.~President's Printed Name and Sigrjfrture

N4Pd( P BMHCIrlL~IGf EN f 8MEmail

Date

Execution by LLC

LLC Name *Member/Manager Printed Name and Signature

Date Telephone and Email

Execution by Partnership/Joint Venture

PartnershipIJoint Venture Name *Partner/Joint Venturer Printed Name and Signature


Execution by Sole Proprietorship

Printed Name Signature Assumed Name (if applicable)


Subscffb~eand wor tobefore metltbr/rx% deaf J XA g, 20

My commission expires: ~ ILES/. JS

Nota~+li Signature Q trT Notar Seal OFFICIAL SEALNotary Publjc - State of Ijjjnois

*If ths operating agreement, partnership agreement or governing d ments ttfitftQ I Sillb msmb rs,managers, partners, or joint venturers, please complete and execute ar r sinn pano

EDS-14 SI2015


SECTION 6COOK COUNTY SIGNATURE PAGE

ON BEHALF OF THE COUNTY OF COOK, A BODY POLITIC ANO CORPORATE OF THE STATF OF ILLINOIS, THIS CONTRACT IS HEREBY

EXECUTED BY:

COOK COUNTY CHIEF PROCUREMENT OFFICER

DATED AT CHICAGO, ILLINOIS THIS i ~ DAY OF 0ddeH4ur'N

THE CASE OF A BID/ PROPOSAURESPONSE, THE COUNTY HEREBY ACCEPTS'.

THE FOREGOING BID/PROPOSAURESPONSE AS IDENTIFIED IN THE CONTRACT DOCUMENTS FOR CONTRACT NUMBER

1635-15205

OR

ITEM(S), SECTION(S), PART(S): N/A

TOTAL AMOUNT OF CONTRACT; $ 978.038.00

(DOLLARS AND CENTS)

FUND CHARGEABLE: N/A

APPROVED AS TO FORM:

N/A

ASSISTANT STATE'S ATTORNEY

(Required on contracts over $1,000,000.00)

COOK CO//NTY COME BO/(ROPEOI/PP SY TH

0//I)t)/SS/o//8

OCt'g6vgp~g

EDS-17 6/2015