Embed Size (px)
Citation preview
THE FIRE DEPARTMENT OF THE CITY OF NEW YORK
REQUEST FOR PROPOSALS
FOR THE PROVISION OF:
PREVENTATIVE MAINTENANCE, REPAIR, UPGRADE
AND ON-CALL SYSTEMS INTEGRATION SERVICES FOR
FIRE DEPARTMENT COMMUNICATIONS AND IT SYSTEMS
Procurement Identification Number:
057170000514
ePIN Number:
05717P0001
II
TABLE OF CONTENTS
SECTION I – INVITATION ................................................................................................................... 1
SECTION II – DEFINITIONS ................................................................................................................ 3
SECTION III – SCOPE OF WORK ....................................................................................................... 6
SECTION IV – FORMAT AND CONTENT OF THE PROPOSAL ................................................ 36
SECTION V – PROPOSAL EVALUATION AND CONTRACT AWARD PROCEDURES ........ 42
SECTION VI – GENERAL INFORMATION TO PROPOSERS ..................................................... 43
ATTACHMENT A – PROPOSAL COVER LETTER ....................................................................... 45
ATTACHMENT B – PRICE PROPOSAL FORM ............................................................................. 47
ATTACHMENT C – ACKNOWLEDGEMENT OF ADDENDA ..................................................... 49
ATTACHMENT D – AFFIRMATION OF TAXES PAID ................................................................. 51
ATTACHMENT E – DOING BUSINESS WITH THE CITY ........................................................... 53
ATTACHMENT F – ELECTRONIC FUNDS TRANSFER .............................................................. 55
ATTACHMENT G- GENERAL PROVISIONS GOVERNING CONTRACTS FOR
CONSULTANTS, PROFESSIONAL, TECHNICAL, HUMAN, AND CLIENT SERVICES........ 57
ATTACHMENT H- WHISTLEBLOWER PROTECTION EXPANSION ACT RIDER .............. 59
ATTACHMENT I- SUBCONTRACTOR COMPLIANCE NOTICE .............................................. 61
ATTACHMENT J- SCHEDULE B- NOTICE TO PROSPECTIVE CONTRACTORS ON
M/WBE REQUIREMENTS .................................................................................................................. 63
ATTACHMENT K- SCHEDULE B- M/WBE UTILIZATION PLAN ............................................. 65
ATTACHMENT L- IRAN DIVESTMENT ACT COMPLIANCE RIDER ..................................... 67
ATTACHMENT M- PAID SICK LEAVE LAW COMPLIANCE RIDER ...................................... 69
ATTACHMENT N- HIRENYC ............................................................................................................ 71
TECHNICAL REQUIREMENTS APPENDICES A – J:
III
- APPENDIX A – ERS/EMADS
- APPENDIX B – PCATS
- APPENDIX C – STARFIRE
- APPENDIX D – SRS
- APPENDIX E – VA SYSTEM
- APPENDIX F – SILENT HAWK
- APPENDIX G – ADDITIONAL IT SYSTEMS ON-CALL SERVICES
- APPENDIX H – SOFTWARE BUSINESS PROCESS ANALYSIS, DEVELOPMENT,
TESTING, DOCUMENTATION AND ACCEPTANCE REQUIREMENTS
- APPENDIX I – SITES/EQUIPMENT LIST
- APPENDIX J- FIREGROUND ACCOUNTABILITY PROGRAM
IV
AUTHORIZED AGENCY CONTACT PERSON
Proposers are advised that the Authorized Agency Contact person for all matters concerning this Request
for Proposals (RFP) is:
Name: Edward Woda
Title: Contract Officer
Mailing Address: Fiscal Services/Contract Development
9 MetroTech Center, 5W-13-K
Brooklyn, NY 11201
Telephone #: (718)-999-8162/2333
Fax #: (718)-999-0177
E-mail Address: [email protected]
1
SECTION I – INVITATION
A. Invitation
The Fire Department of the City of New York (“FDNY” or “Department”) is soliciting proposals
from highly qualified Contractors to provide Contractor services for preventive maintenance,
repair, upgrade and on-call systems technical, engineering, and systems integration services for
FDNY Communications Systems (“FDNY Communications Systems” or “Communications
Systems”) as noted herein.
B. Release Date of This Request for Proposals: 02/21/2017
All questions and request for additional information concerning this RFP should be directed to
Edward Woda, the Authorized Agency Contact Person at:
Telephone #: (718) 999-8162/2333
Fax #: (718) 999-0104
E-Mail Address: [email protected]
Proposers should submit questions no later than ten (10) business days prior to the proposal due
date since the Agency may be unable to respond to questions received after that date.
C. Pre-proposal Conference (Non-mandatory):
Date: 03/14/2017
Time: 10:00 AM
Location: 9 MetroTech Center
1st Floor Auditorium,
Brooklyn, New York 11201
D. Proposal Due Date and Time and Location:
Date: 04/06/2017
Time: 4:00 PM
Location: Proposals shall be submitted to the attention of:
Edward Woda
Fire Department
9 MetroTech Center, Room 5W-13-K,
Brooklyn, New York 11201.
Proposals received at this Location after the Proposal Due Date and Time are late and will not be
accepted by the agency, except as provided under New York City’s Procurement Policy Board
Rules.
E-mailed or faxed proposals will not be accepted by this agency.
The Agency will consider requests made to the Authorized Agency Contact Person to extend the
Proposal Due Date and Time prescribed above. However, unless the Agency issues a written
2
addendum to this Request for Proposal, which extends the Proposal Due Date and Time for all
proposers, the Proposal Due Date and Time, prescribed above shall remain in effect.
D. Anticipated Contract Start Date: December 2017
3
SECTION II – DEFINITIONS
A. Definitions
1. “911 Call Center” means the facility located at 11 MetroTech Center, Brooklyn, New York,
Queens CO, Bronx CO, FDNY HQ as well as 1PP for NYPD blue button.
2. “Agency Chief Contracting Officer” or “ACCO” means the position delegated authority by
the Agency Head to organize and supervise the procurement activity of the FDNY.
3. “Agreement” means this Agreement as the same may be amended, modified or supplemented
from time to time in accordance with the terms of this Agreement.
4. “BAS” Backup Answering Stations. The answering station or telephone device provided by
the ERS System used by call takers for answering ERS calls.
5. “BIT” means Built-In-Test, a diagnostic function that checks the operation of the equipment
and the communication line.
6. “BTDS” means Bureau of Technology Development and Systems.
7. “CAD” means the Computer Aided Dispatch System.
8. “CAD/VA Interface System” means the Computer Aided Dispatch Voice Alarm Interface
System.
9. “Call Boxes” means the standalone devices equipped to permit two-way voice
communication with FDNY and NYPD communications facilities that are intended to enable
the public to report emergencies from street corners, highways, bridges, selected buildings,
and other locations.
10. “Central Offices” or “CO” means the FDNY Bureau of Communications Central Offices.
11. “Contractor” means the party providing services pursuant to this Agreement.
12. “COTS” means Commercial-Off-The-Self equipment, hardware or software products.
13. “DEC” means the Digital Equipment Corporation INTEGRITY platform running on Macro-
32 for the STARFIRE System
14. “DOITT” means Department of Information Technology & Telecommunication.
15. “DSP” means Digital Signal Processing.
16. “EFAS” means Electronic Fireground Accountability System
17. “EMADS” means Electro-Mechanical Alarm Display System
18. “ERS Equipment” means all hardware, implements, parts, systems, and components
comprising the ERS.
19. “ERS” means Emergency Reporting System.
4
20. “ETS” means Evidence Tracking System.
21. “FDNY Authorized Representative” means a Fire Department employee designated by the
Assistant Commissioner of Technology Development and Systems to coordinate the
inspection and approval process.
22. “FDNY Facilities” means firehouses, Fire Department Central Offices, building, or
structures designated by the Department as the repair locations (APPENDIX B).
23. “FDNY Headquarters” means the headquarters of the Fire Department located at 9
MetroTech Center, Brooklyn, New York 11201.
24. “FDNY or Department” means the Fire Department of the City of New York.
25. “FDNY Project Manager” means the Assistant Commissioner of Technology Development
and Systems or other Department representative designated by the Fire Commissioner.
26. “FGAP” means Fireground Accountability Program.
27. “Holidays” means New Years Day, Martin Luther King Jr. Day, Presidents’ Day, Memorial
Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.
28. “Integrity” means the HP architecture for the central system servers
29. “ISDN” means Integrated Service Digital Network
30. “KVM” means Keyboard, Video, Mouse switch
31. “LAN” means Local Area Network.
32. “LPM” means a low power module.
33. “MIS” means Management of Information Services.
34. “Notice To Proceed” means the written notification to the Contractor to commence the
provision of services pursuant to this Agreement.
35. “NYPD” means the New York City Police Department.
36. “ODM” means On Demand Maintenance Services.
37. “OEM” means Original Equipment Manufacturer.
38. “PCATS” means Personal Computer Alarm Teleprinter Stations.
39. “PSAC” mean Public Safety Answering Center.
40. “SDE” means System Development Environment.
41. “Services” means any and all services performed by the Contractor pursuant to this
Agreement.
5
42. “SRS” means Status Recording Subsystems.
43. “Starfire System” means the computer aided dispatch system currently used by the Fire
Department.
44. “Union Street Depot” means the central facility designated by the FDNY for Contractor
receipt and dispatch services.
45. “VA Equipment” means the Voice Alarm System and the Computer Aided Dispatch Voice
Alarm Interface System, described in this Agreement.
46. “VA” means the Voice Alarm System
47. “VMS” means the HP operating system used in the Starfire System.
48. “VOX” means Voice Operated Circuit.
49. “WAN” means Wide Area Network.
6
SECTION III – SCOPE OF WORK
A. Project Overview
The FDNY Communications Systems provides comprehensive mission-critical communications
services in support of Department first responders. The operations of these systems are central
to the FDNY’s ability to respond to emergencies. Operating on a twenty-four (24) hours per
day, seven (7) days per week basis, the services required herein shall ensure continuous FDNY
Communications Systems functionality to include the deployment of all systems upgrades and
enhancements. The requirements shall include but not be limited to the provision of preventive
maintenance, repair and on-call systems technical, engineering, and upgrade and systems
integration services for all FDNY Communications Systems as delineated herein to include the
deployment of new systems as necessary to meet the Department’s needs.
The Scope of Work (“SOW”) provides descriptions of FDNY Communications Systems
components and the scope of required services as augmented by an overview of equipment and
site requirements, and specific technical requirements as described in the appendices as attached
hereto.
1. The services required shall include preventative maintenance, repair, and on-call technical,
engineering, upgrade and systems integration services for the following individual FDNY
communications systems in totality delineated as the FDNY Communication Systems and
FDNY Legacy Communication Systems.
Emergency Reporting System (ERS) and Electro-Mechanical Alarm Display System
(EMADS)
Voice Alarm System (VA)
PC Alarm Teleprinter Stations (PCATS)
Starfire System (Starfire)
Status Recording System (SRS)
Silent Hawk
Related FDNY Communications, Operations and IT Systems
Fireground Accountability Program
Electronic Fireground Accountability System
Handie Talkie and Spare Mask Application
2. The technology and communications systems operated by the FDNY may be augmented,
modified, or eliminated due to Citywide needs, funding modifications, or advancements in
technology. The services specified herein may be expanded, reduced, eliminated, or
otherwise modified by the Fire Department. In such cases, the Fire Department will provide
the Contractor with advanced written notice to the extent possible. In cases where services
are expanded or reduced, the Fire Department and the Contractor will modify the terms of
service specified in this Agreement through a mutual change order. In cases where services
are eliminated, the Contractor will terminate services at the date specified by the Fire
Department. The FDNY will not compensate the Contractor for services rendered following
the termination date. Notwithstanding any expansion, reduction, or elimination of any of the
Services specified herein, all remaining terms and conditions specified in this Agreement
shall remain in full force until the expiration of this Agreement.
B. Description of FDNY Communication Systems
7
1. Emergency Reporting System (“ERS”)_and Electro-Mechanical Alarm Display System
(“EMADS”)
a. The ERS system provides emergency voice communication between the ERS type Call
Boxes located in NYC streets, public facilities, schools, bridges etc, and FDNY and
NYPD call takers at various dispatch facilities. The ERS infrastructure equipment is
located at each of the five (5) FDNY Central Offices and provides all support, control,
and routing of communication between the Call Boxes and the answering console. At
each of the five boroughs, a FDNY Cable Plant provides connectivity between the call
boxes at that borough and ERS infrastructure equipment. The system provides routing of
Police calls (when the blue button on the call box is depressed) to remote answering
positions at Police Headquarters and the telephone system for the 911 Call Center/PSAC.
FDNY calls (when the red button on the call box is depressed) are routed to their
respective dispatch facilities at PSAC1, PSAC2, Bronx CO and Queens CO where they
are answered using either the ERS BAS or the E911 telephone stations. Routing of calls
to ERS BAS and E911 system is done through redundant ISDN PRI T1 circuits.
i. The five (5) ERS infrastructures (Boroughs of Bronx, Queens, Manhattan, Brooklyn
and Staten Island) have recently been modernized and require maintenance under this
effort.
ii. There are approximately ten thousand and six hundred (10,600) ERS Call boxes that
are over twenty-five (25) years old and one thousand that are modernized or new, all
requiring maintenance.
iii. Maintenance of the FDNY Cable Plant is provided by FDNY and will not be under
this effort.
iv. Maintenance of ISDN/T1 circuits between infrastructures and PSAC and Police
Headquarters will not be covered under this effort.
v. Maintenance of networks between infrastructures will not be covered under this
effort.
b. The EMADS system provides one-way alarm from the mechanical type Call Boxes
located in NYC streets (Queens, Brooklyn and Staten Island) to FDNY Dispatch
locations supporting those boroughs. The EMADS infrastructure equipment is located in
the FDNY Central Office of the respective boroughs and provides all support, and control
of these alarms between the Call Boxes and the display console located at dispatch
facilities at PSAC1, PSAC2 and Queens CO . At each of the three (3) boroughs, a FDNY
Cable Plant provides connectivity between the call boxes at that borough and EMADS
infrastructure equipment.
i. All three (3) EMADS systems have been recently modernized.
ii. The EMADS infrastructure equipment is to be maintained as part of this effort.
iii. The mechanical type Call Boxes are maintained by FDNY, so their maintenance is
not part of this effort.
iv. Maintenance of the FDNY Cable Plant is provided by FDNY and will not be included
under this effort.
8
v. Maintenance of the network supporting connectivity infrastructures will not be under
this effort.
c. The ERS System interfaces with several communication systems, including:
i. E911 Telephone System: This interface allows ERS Calls received by the system to
be handed off to the E911 system, where, they become part of the E911 queue and are
routed by the E911 ACD to designated positions for answering at E911 telephones.
The ERS system receives and delivers information such as ANI/ALI of the Call
boxes and call taker positions.
ii. Turret System: Off-hook sensors from the turrets at Bronx and Queens CO’s allow
the ERS system to determine presence of telephone calls and thereby direct ERS calls
to other predetermined position(s).
iii. Starfire: This interface allows Starfire to track the routing of ERS calls so to deliver
proper screens and information to the right call taker positions. It also supports
timing established by Starfire to provide warning for exceeding the duration
thresholds for call answering wait time, as well as automatic processes for
unanswered calls.
iv. Logging and Recording system (“L&R”): The ERS system provides the L&R system
with audio as well as call information (Call Box ID, call taker position etc.)
v. Instant Replay Recall (“IRR”): The ERS system provides the IRR devices with audio
for instant playback.
d. The EMADS System interfaces with Starfire and allows for automatic process of
activated Electro-Mechanical boxes.
e. See Appendix A herein for a full description of ERS technical requirements.
2. Voice Alarm System (“VA”):
a. The VA system provides voice communication and alert tone transmission between a
borough’s Dispatch Operation (at PSAC1, PSAC2, Bronx CO and Queens CO) and the
firehouses throughout the City. Each of the five (5) boroughs has its own separate VA
system. However, the system is capable of providing communication within its own
borough, with other boroughs, as well as the entire City. The VA system serves as the
secondary means of dispatching fire apparatus. The Computer Aided Dispatch System or
Starfire is the primary means of dispatch. The communication between the firehouse and
the Voice Alarm Dispatcher is achieved by one of two means: dedicated leased Verizon
telephone lines or FDNY owned cables. There are a total of two hundred and twenty
nine (229) firehouses. Thirty five (35) firehouses communicate using FDNY cables and
the remaining one hundred and ninety four (194) communicate utilizing Verizon leased
lines. When CADS/Starfire is inoperative, the VA becomes the primary dispatching
system. The VA is comprised of several systems as described below
b. Central Office and Dispatch Operations System
9
i. The VA Equipment for each borough is located in each Central Office and consists of
electronic equipment cabinets, console/workstations and MIS workstation for use by
dispatch personnel. The electronic cabinet is located in the basement and the console
is located on co-located dispatch operations floor (at Bronx and Queens CO’s) and in
remote Dispatch Operations (in PSAC1 and PSAC2). The console/workstation
contains touch screen, microphones, speaker, and an interface to the telephone
instrument, and provides the VA dispatcher’s interface to the VA system. The
electronic cabinets contain voice processors, controllers, servers, routers/switches,
etc., circuit boards, power supplies, the overall computer controls for the system and
the interface to the firehouse. The circuit boards in the electronic cabinet are for
communicating with the firehouses, with one (1) Line Module board dedicated to
communicating with each firehouse in a borough. These boards communicate with
similar circuitry at the firehouse end, and perform the transmitting and receiving of
voice communications. They also perform the line supervision operation, which
serves as a line-troubleshooting tool.
ii. The system is designated for high reliability through redundant circuitry. Audio
amplifiers, microphones, and speakers in the Central Office console/workstation are
duplicated with touch screen selection capability. Firehouse selection circuitry is also
duplicated with continuous monitoring of the system through built in computer
circuitry that provides automatic switch over during failure conditions. The VA
power supplies in the electronic equipment cabinet have redundancy and hot plug
capability.
c. The VA System interfaces with several communication systems, including:
i. Logging and Recording system (“L&R”): The VA system provides the L&R system
with audio as well as call information (Firehouse ID, call taker position etc.)
ii. Instant Replay Recall (“IRR”): The VA system provides the IRR devices with audio
for instant playback.
iii. Future implementation of an interface to the SRS system to dynamically obtain the
latest name and status of each firehouse.
d. Firehouse Voice Alarm System
i. Firehouse VA Equipment is located in firehouses and other FDNY facilities with VA
communication throughout the five (5) boroughs. Each facility has an electronic
equipment cabinet; loudspeakers throughout the firehouse, and up to as many as four
(4) auxiliary talk stations. The auxiliary talk stations are located throughout the
firehouse, usually in offices, and always at the Housewatch. Each auxiliary talk
station has a handset and speakers, resembling wall mounted telephones, and are
sometimes referred to as “red phones”. At least one of the auxiliary talk stations in
each firehouse is equipped with a microphone and can be used to broadcast
announcements throughout the firehouse using the VA speakers.
ii. Electronics controlling the firehouse end of the VA system are located in the
electronics cabinet. The electronics cabinet is implemented in three mechanical
designs: wall mounted box (Gold Box), wall console, and desk console. It includes
circuit boards with power amplifiers, a power supply, an AC circuit breaker with
ON/OFF control, and transient protection circuitry for both the communication line
10
and the AC power input. Batteries provide backup power for the VA system. These
batteries are mounted in their own enclosure and are separate from the VA electronics
cabinet; however, the battery charging circuitry is located in the electronics cabinet.
iii. Two (2) lamps on the outside of the electronics cabinet provide an indication of the
VA status. A green lamp marked NORMAL indicates that the VA is operating
properly when illuminated, and that the communication link between the firehouse
and the central Office is operative. A red lamp marked FAULT will flash off and on
in a regular manner if the communication link is not operating. There is also a line
switch on the cabinet that can be used to open the communication line between the
firehouse and the Central Office for troubleshooting.
iv. At each firehouse there is an interface between the VA equipment and the PCATS
computer. Specifically this interface is accomplished with a cable that connects the
audio card in the PCATS computer to the VA auxiliary talk station that has the PA
microphone. This allows the PCATS computer to broadcast the alert tone (a two-tone
audio alarm) and pre-recorded voice messages throughout the firehouse via the VA
equipment and speakers.
e. See Appendix E herein for a full description of VA System technical requirements.
3. Fireground Accountability Program (FGAP)
The Fireground Accountability Program is designed to improve and maintain safety and
accountability of each FDNY member during any incident. The ultimate goal is to ensure
that each member return unharmed from their assigned assignment. Technology offers an
array of tools that can be applied to this goal. Through the use of technology, FDNY has
designed a suite of applications that work to improve Fireground Accountability and increase
the safety of each firefighter while on the job. These applications range in function from
creating an electronic ride list, to enabling quick recognition of firefighters in distress, to the
use of a search tool when a firefighter becomes disorientated.
The Department has been employing technology on the dispatch floor and in the
firehouse/station for many years. The projects that fall under FGAP extend many of the
existing back-office systems out to the incident scene, taking advantage of recently-mature
mobile technologies for communications.
The contractor shall provide services for software defect investigation; root cause analysis;
defect resolution; operational software changes; release testing activities and software
deployment. All software maintenance activities will be based on FDNY documented
requirements or defect reports. All contractor proposed software modifications in response
to FDNY requirements shall be documented by the contractor and approved by FDNY prior
to implementation. All efforts will be conducted in accordance with the FDNY Change
Management Process.
The contractor shall provide services for the corrective maintenance of FGAP PC hardware.
All corrective actions will be documented. All efforts will be conducted in accordance with
the FDNY Change Management Process.
a. Electronic Fireground Accountability System/eBF-4- Electronic Ride List (EFAS/eBF-4)
11
The Electronic Fireground Accountability System (EFAS) provides essential information
for incident managers focused on the safety of the members at the scene.
This is an application to register Mayday/Emergency Alert calls from distressed
firefighters and Rollcall capabilities. Once the distressed member depresses the
emergency alert button on the handie talkie, the EFAS system displays the firefighter’s
name and assigned radio information, gathered from the eBF-4 application, notifying
those on scene that a fellow firefighter needs assistance. This application currently
resides on the Division and Battalion Chiefs’ MDTs with a proof of concept EFAS
Portable currently underway on Panasonic Toughpads
The current version interfaces with a server based web application used to support
application functionality and maintenance. The EFAS client software is written by
Systems Definition Inc. (SDI) who jointly owns the intellectual property with FDNY.
Source code for the web application is owned by FDNY. The current version of EFAS is
3.1. EFAS interfaces with the department’s fire mobile client, TxMessenger, through that
application’s API. Through this link the application obtains information about the
incident the host unit is assigned to. The client also interfaces with the department’s
voice radio system through which it obtains notifications of maydays/emergency alerts
by the members. One interface is to the vehicle mounted radio. Another is to a APX-7000
portable radio configured as a RF-Modem. (please check with HM)
EFAS consumes other data from central servers. One is the ride list; which members are
on which vehicles, one from the eBF-4, one from the spare radio list and one from the
spare Self Contained Breathing Apparatus (SCBA) list.
The eBF-4 is a web-based application that requires FDNY Chiefs and Officers to prepare,
print and submit an electronic version of the paper based BF-4 riding list form. This is a
time-saving application used to streamline the process of identifying personnel
assignments when twice daily changeovers occur for the standard 9X and 6X tour shifts,
consisting of nearly 11,000 firefighters.
As of 2015, all EMS Ops' personnel are captured in the eBF-4 in anticipation of
eventually feeding into EFAS. Currently only EMS members that carry fireground radios
are interfaced with EFAS.
b. Handie Talkie and Spare Mask Application
The Handie Talkie and Spare Mask Application (HTSMA) is a web-based software
application that provides up-to-the-minute accountability of all spare and regular
assigned radios in the field. When a radio is placed on loan, it will immediately appear on
the list. The updated information will be available on EFAS in the Chiefs’ vehicles
within 15 minutes.
The application is written in ColdFusion and runs within the FDNY ColdFusion
environment on www.FDNY.org. Updates and configurations changes to the application
therefore are made by SDI sending updated application files to FDNY staff who make the
changes.
The data for the application resides on the FDNY Realtime Data Warehouse. Radio and
Mask data created by the HTSMA can be seen in EBF-4, EFAS and FGAP Dashboard
and ECB.
12
c. Patient Tracking System
The Patient Tracking System allows for electronic tracking of patients of Mass Casualty
Incidents (MCIs) in real time. It is used to capture Triage, Treat/Release, and Transport
status data and to forward that data to a main server from which the data can be accessed
by FDNY for post-incident evaluation.
The Patient Tracking System is currently deployed city-wide, with an Armor 10g tablet
PC and a back-up Armor tablet assigned to each of the thirty-seven (37) FDNY
conditions cars.
The EMTrack patient tracking software application is installed on each Armor tablet PC.
The Armor tablets utilize a Quickmark camera application to take a picture of a patient’s
triage tag barcode, with the barcode number then being loaded into the EMTrack
application.
d. Mask Asset Database
The SCBA Mask Asset Database supports the tracking of all masks including spares. It
records identification information such as serial number, unit, position, and reason for
maintenance events. It allows check-in/check-out tracking at the maintenance depots.
The application enables FDNY Battalions to loan spare SCBA masks to firefighters in
order to replace a mask that has become nonoperational. FDNY Chiefs can print an up-
to-date list of spare SCBA masks from the Spare SCBA Mask List application along with
a list of spare HT radios currently used in the field. When utilized in conjunction with the
Pak-Tracker system, the SCBA mask produces a unique signal from its PASS alarm
which can be detected by the Pak-Tracker to help identify the location of a distressed
firefighter.
The application includes portals for general users, maintenance staff, and administrative
staff. It is a web based application that includes interfaces to applications such as “Ride-
List” (EBF-4).
e. FGAP Dashboard
The FGAP dashboard displays Active Fire incidents to selected officers and management
personnel. It consumes data from the department’s “Real-time Data warehouse” (Oracle
exadata). The application is displayed on standard pc’s as well as department tablets. The
application also consumes information from other applications such as “Ride-List” (EBF-
4), EFAS, and “Mask Asset”. The application is written by SDI who part-owns the
source code rights.
f. Evidence Tracking System
ETS is a web-based application that supports Safety Command's task of logging,
identifying, collecting, monitoring, storing and reporting of all evidence. ETS provides a
general repository enabling FDNY users to access evidence data, enter/assign/retrieve
evidence information tracked to FDNY case number, capture uploaded supporting files
and close out cases. ETS accessibility is limited to Safety Command.
FDNY collects evidence whenever a member is injured or dies in the line of duty.
Evidence is collected and stored at five different sites around the city. The evidence
13
system is used to record and track all collected evidence. It is a web application and
includes functionality such as 1) Creating a case number, 2) assigning evidence, 3)
interfacing with bar-code scanner to record labels, 4) locating evidence, 5) printing
barcode labels. The information is stored the database. It uses a barcode scanner to record
the evidence.
g. Spare Self Contained Breathing Apparatus Mask List
This is a web-based application that manages FDNY's inventory of spare self-contained
breathing apparatus (SCBA) masks. The application enables FDNY Battalions to loan
spare SCBA masks to firefighters in order to replace a mask that has become
nonoperational. FDNY Chiefs can print an up-to-date list of spare SCBA masks from the
Spare SCBA Mask List application along with a list of spare HT radios currently used in
the field. When utilized in conjunction with the Pak-Tracker system, the SCBA mask
produces a unique signal from its PASS alarm which can be detected by the Pak-Tracker
to help identify the location of a distressed firefighter.
h. See Appendix J herein for a full description of related FDNY Fireground Accountability
Program Applications, Operations, IT Systems technical requirements.
4. Related FDNY Communications, Operations and IT systems.
The FDNY’s BTDS provides information technology, communications and telephony
solutions to support the operational requirements of the Department. In order to meet those
requirements the Department utilizes an array of equipment, software and hardware
solutions. BTDS endeavors to meet the challenges of supporting the Department’s mission
by ensuring the implementation of strategic and tactical information technology and
communications support for the Department’s operational requirements. BTDS is also called
upon to specifically develop requirements, feasibility studies, information technology pilot
programs, systems integration, systems/technology upgrades and legacy system upgrades,
and other services to meet the on-going operational and communications needs of the
Department. Additional support covering software development, engineering monitoring,
project management and integration testing will be required.
a. See Appendix G herein for a full description of related FDNY Communications,
Operations, and IT Systems technical requirements.
C. Description of FDNY Legacy Communication Systems
1. PC Alarm Teleprinter Stations (“PCATS”):
Personal Computer based Alarm Teleprinter Stations (PCATS) are in firehouses, PSAC and
Communications Offices throughout the five (5) boroughs of New York City. The Fire
Department dispatches fire companies to incidents using a computerized digital and analog
dispatching communication system known as “Starfire”. The system operates twenty-four
(24) hours a day, three hundred and sixty-five (365) days a year. An Alarm Receipt
Dispatcher receives an alarm from one of several sources, and enters the location and the
nature of the incident into Starfire. The incident and a recommended response are forwarded
by Starfire to the Decision Dispatcher, who verifies the response decision. The alarm is then
forwarded by one of the Starfire concentrators to one or more firehouse PCATS devices. The
14
firehouse acknowledges the receipt of the emergency assignment and dispatches the fire
apparatus to the assigned location.
a. See Appendix B herein for a full description of PCATS technical requirements.
b. See Appendix I (I) herein for a listing of the approximate number of PCATS sites per
borough and a listing of PCATS equipment at each location.
2. Starfire System (“Starfire”):
a. The Starfire System encompasses the hardware and software at a central site and within
sites in each of the five (5) boroughs to provide the Fire Department with a citywide,
Computer Aided Dispatch System (CAD) capability. The Central Data Center Site
(Central) equipment and Borough Communications Office (CO) equipment are
configured so that the major data processing and storage functions are centralized at
Central and the alarm receipt and dispatch capabilities are distributed between PSAC and
the COs.
b. Alarms are received via the Street Pull Boxes, EMADS/BARS, Emergency Response
System (ERS), Voice Boxes, E-911 Call Transfer, Telephone, Fire Unit or other means
of communication. An Alarm Receipt Dispatcher enters information about the alarm, or
in the case of ERS/BARS, the alarms are sent automatically to the Decision Dispatcher.
This alarm information is transmitted to Central where the data is stored. The Citywide
Management Information and Control System (“CMICS”) software at Central processes
the received alarm data and sends dispatch information and recommendations to PSAC or
the designated CO. The Decision Dispatcher uses the recommended data to assign the
nearest fire station(s) with available resources to the alarm and then releases those
assigned resources to the alarm scene.
c. A pair of clustered HP Integrity computers using the Open VMS operating system
controls the Central system. The CMICS communicates with concentrators at each
borough CO over redundant T1 telephone lines/SONET with ISDN backup. Redundant
Windows 2003 Server or current Windows Server version concentrators in each borough
CO provides communication and coordination with subsystems located at the borough
CO's/PSAC. A second pair of HP Integrity computers support Starfire from a backup
data center.
d. A third standalone Integrity is utilized for development and testing. A cluster of
Integrity, residing at a remote location, will be installed. The message switch application
will run simultaneously with the Starfire System application on this Integrity, which will
be co-located with the EMS backup. The internal message switch will allow the backup
Integrity to interface with both the EMS systems and the existing RNC's if connectivity
to them is not lost.
e. Each concentrator interfaces with the borough’s Starfire terminals, Status Recording
System (SRS), Box Alarm Readout System (BARS) and Emergency Reporting System
(ERS) subsystems. The concentrator also interfaces with borough firehouses’ alarm tele-
printer (a PC which runs emulation software and is connected to the private Fire
Department current loop network). The majority of the call dispatch is performed via the
PC Alarm Teleprinter System (PCATS) for units in quarters while units out of quarters
receive most calls via a Fire Department private Mobile Data Terminal Network, which
is connected, to the central system via redundant Micro Integrity's acting as message
15
switches. These message switches also provide the interface between the Starfire System
and EMS Dispatch System. The concentrator polls, receives input and directs output from
and to all of the above CO/PSAC-based devices. The CMICS system processes the input
and output information from and to the concentrators and, taking into consideration a
number of variables, aids the Decision Dispatcher in the determination and dispatch of
the most appropriate resources for the incident scene.
f. Central System Hardware
The maintenance and support of the HP Integrity hardware as described above will
continue to be covered by existing service contracts and will not be a part of this
solicitation.
g. Central System Software (“CMICS”)
The CMICS software is written in Macro-32/C language with both standard and custom
drivers handling the interfaces. The custom interfaces are generally written in C/C++.
h. Concentrator Hardware
The Concentrators are redundant high availability Windows 2003 Servers or current
Windows Server version located at Central, the five (5) borough CO's, PSAC and the two
(2) MTC training rooms, which interface with Central and to the dispatch terminals,
alarm, and recording systems via current communication protocols. Backup central
concentrators are located in the backup data center in Queens CO.
i. Concentrator Software
i. The concentrator applications have been developed under the Windows 2003 Server
or current Windows Server version operating system using Microsoft C/C++
programming language.
ii. This software is utilized to interface with the following:
(a) Dispatch Workstations – PCs running custom terminal emulation software.
(b) Connectivity between all devices is via TCP/IP.
(c) EMADS/BARS – mechanical pull box alarms (See III(B)(1))
(d) Emergency Reporting System (ERS) – voice enabled alarm boxes (See
III(B)(1))
(e) Status Recording System (SRS) – local backup system which uses custom
keyboards (Status Entry Panels (SEP’s)) to update unit status, which are then
displayed on a PC MAP display. There are two types in service, a traditional
keyboard based device with alphanumeric displays and a touch-screen based
device self-contained computer.
(f) SRSNT (Software to better synchronize CO dispatch floor clocks)
j. Additional Hardware
16
i. PC’s used for MAP display and training purposes.
ii. Additional components in Dispatch PC's used for Computerized Manual Operations
(CMO) and Status Reporting System (SRS) functions currently not covered by the
Alarm Teleprinter (PCATS) contract (printer switches; CD-ROM drives; keyboards
and cables)
iii. Printers
iv. Status Entry Panels (SEP's)
vi. HQ Equipment (various locations)
vii. EMADS (See III(B)(1))
viii. Silent Hawk (See III(B)(6))
ix. Fault Tolerant Transceivers (FTT's)
x. CADO Equipment
xi. SDE Test Bed Equipment
xii. All Test Bed Equipment
xiii. Operation Bubbles equipment
xiv. Current Loop Interface Controller (CLIC) and associated I Touch Terminal Servers
xv. KVM’s
xvi Boot bars for all concentrators and Bronx and Queens PC/CRTs
k. Additional Software Items
CD&C monitoring software for the EMADS/BARS, ERS, and PCATS Current Loops,
and the Borough and Central Concentrators. The Software is also utilized to facilitate
switching between Concentrators.
l. See Appendix C herein for a full description of Starfire technical requirements.
m. See Appendix I (I) herein for a listing of Starfire locations and a listing of Starfire
Workstation Equipment per location.
3. Status Recording System (“SRS”):
The Status Reporting System is a subsystem that communicates with the Starfire system for
the purpose of displaying and recording incident and unit statuses. The system operates
twenty-four (24) hours each day, seven (7) days each week. The system is implemented by a
windows service running on the active concentrator in each borough except central. The
service receives information from Starfire about each active incident in the borough and any
17
unit assigned in the borough. Using this information SRS displays the status of each
firehouse in the borough on a PC based borough status map. SRS also supports the SEP
(“Status Entry Panel”). Each borough uses up to four (4) SEP’s. SRS also supports the
Starfire clocks which are wall mounted time displays. All communications use TCP/IP.
a. See Appendix D – SRS herein for a full description of technical requirements.
4. Status Entry Panel (“SEP”)
The SEP is a device that is designed to allow quick entry of status information about
incidents and units. It is also used to request additional units for a given incident. There are
two (2) SEP versions:
a. A specialized keyboard with alphanumeric displays and keys specifically denoted by unit
types and FDNY ten (10) codes; and
b. A PC based touch screen device that emulates the functionality and look of the
specialized keyboard. Each SEP communicates with the SRS service on its borough
concentrator.
5. Silent Hawk
Silent Hawk is a printer subsystem that replaces the physical printers that used to support
Starfire. The system is borough specific. Each borough contains a cabinet of equipment that
includes printer servers and communications gear. The print output is displayed via a client
installed on multiple PC’s within the borough. The borough print queues (including historical
print jobs) are stored on a laptop so that the information can be taken out of the building if
the personnel have to vacate and move to another facility.
a. See Appendix F herein for a full description of Silent Hawk technical requirements.
E. Description of Current FDNY Hardware and Software Platforms
1. Protocols
a. The Fire Department currently runs both TCP/IP as network protocols to communicate
with the Windows 2003 Server or current Windows Server version. Static IP addresses
are assigned to some of the File and Print Servers, while DHCP servers dynamically
assign IP addresses to the workstations. IP is used for E-mail.
2. PSAC / Borough Communication Office’s (CO’s)
a. The borough CO’s that have been converted to use Ethernet (TCP/IP) for their dispatch
terminals are hardwired into their own subnet and use MS Print and File sharing services.
3. Workstations
a. Workstations at Fire Department Headquarters range from Pentium 200 MHz to Pentium
IV 1.4 GHz PCs running Microsoft Windows 2003 Server 4.0 or current Windows Server
version and Windows 2000 or later. Field workstations range from P-II 200 to P-III 800
PCs, Dell 2003 servers (Concentrators) and the HP XW4600 and XW4400 PCs or
equivalent.
18
F. Preventative Maintenance and Repair Services Requirements:
1. General Requirements
a. The Contractor shall provide preventative maintenance and repair services based upon a
two-tiered structure:
i. Regular Service (“Regular Service”)
Regular Service shall consist of preventative maintenance and repair services
performed during the Regular Service window defined herein except as otherwise
noted in the appendices A-J herein:
The Regular Service window period shall be from 8:00 AM to 5:00 PM, Monday to
Friday, five (5) days per week, excluding the holidays. Service calls shall consist of
arriving at the Facility designated by the Fire Department with the appropriate
personnel and materials, and providing the preventative maintenance services and
making the necessary repairs. The Department may make requests for preventative
maintenance and repair service by telephone or other means. The Contractor shall
acknowledge the request for service within fifteen (15) minutes of notification. The
Contractor shall respond to the designated location within four (4) hours after
notification from the Department. If the call for service is made after 5:00 PM or
outside the Regular Service window, the response shall be within four (4) hours of
the start of the next Regular Service window unless specifically requested by the
FDNY to provide a Premium Service level response. The Contractor will be
responsible for entering, updating and tracking information in FDNY and ECTP
Change Management Systems. Additionally, the Contractor will be required to
receive electronic work orders generated by FDNY and electronically update the
contents of these tickets. Changes, Work Orders and Bug Fixes will be tracked by the
Contractor within FDNY specified systems. In addition, the Contractor will be
required to monitor specified systems and devices through FDNY’s network
monitoring facilities where applicable.
ii. Premium Service (“Premium Service”)
Premium Service shall consist of repair services performed during the Premium
Service window defined herein:
The Premium Service window period shall be all times outside of the Regular Service
window, seven (7) days per week. Premium Service calls shall consist of arriving at
the facility designated by the Fire Department with the appropriate personnel and
materials, and providing the preventative maintenance services and making the
necessary repairs. The Department may make requests for preventative maintenance
and repair service by telephone or other means. The Contractor shall acknowledge the
request for service within fifteen (15) minutes of notification. The Contractor shall
respond to the designated location within two (2) hours after notification from the
Department and shall remain on the job until the completion of the condition except
as mutually agreed upon by the Contractor and the Department. The Contractor will
be responsible for entering, updating and tracking information in FDNY and ECTP
Change Management Systems. Additionally, the Contractor will be required to
receive electronic work orders generated by FDNY and electronically update the
19
contents of these tickets. Changes, Work Orders and Bug Fixes will be tracked by the
Contractor within FDNY specified systems. In addition, the Contractor will be
required to monitor specified systems and devices through FDNY’s network
monitoring facilities where applicable.
iii. The Contractor shall establish a toll-free or local multi-line telephone inquiry and hot-
line service (“Telephone Support Line”), within seven (7) calendar days from Notice
to Proceed, to handle inquiries, preventative maintenance requests/scheduling,
services calls and emergency service requests. The Telephone Support Line shall be
maintained and staffed twenty four (24) hours a day, three hundred and sixty-five
(365) days per year to receive calls and dispatch services as required. The Contractor
shall supply a digital paging system, or equivalent to Contractor service personnel to
permit an immediate response to services requests from the affected facility.
b. Service Log
The Contractor’s service personnel shall maintain an on-site service log, which will be
subject to review by the FDNY. The service log shall include time and date of each visit
to the FDNY facility, nature of the service call, repair or adjustments made to correct or
remove the source of system malfunction or other corrective or other action performed to
rectify the component or system failure which necessitated the maintenance call. Each
Contractor appearance at the FDNY facility shall be indicated by a logged time-in and
time-out complete with signature of the Contractor employee.
i. The Contractor shall submit Service Tickets for each service call. These tickets shall
be submitted to the FDNY and shall constitute the official records of service
performed on the Equipment specified herein. The ticket shall include the following
information:
(a) Date of service call, building name, and location, identity of Equipment serviced.
(b) Service provided, including malfunction description and corrective action taken.
(c) Type of repairs performed.
(d) Parts furnished including description, and serial number of the parts replaced, and
Equipment subject to maintenance.
(e) Arrival and departure time at each work location. The Contractor shall sign a Fire
Department logbook when arriving and departing the FDNY Facility.
(f) Service employee names and signatures.
ii. The Contractor shall ensure that all Contractor employees sign a Department logbook
when arriving and departing the FDNY Facility. The entries will be countersigned by
a FDNY Authorized Representative verifying the arrival and departure times. In the
event, that an FDNY Authorized Representative is unavailable the Contractor shall
contact Computer Ops to log the Contractors arrival at the FDNY Facility. The
Contractor shall not be compensated without such verification.
d. Quality Control Program
20
The Contractor shall establish a complete quality control (QC) program to assure the
requirements of the Agreement are provided as specified herein. The program shall
include, but not be limited to the following:
i. An inspection system covering all services furnished by the Contractor.
ii. A checklist for use in reviewing performance during regularly scheduled or
unscheduled inspections.
iii. A system for identifying and correcting deficiencies in the quality of service before
the level of performance becomes unacceptable and the Department inspectors
identify the deficiencies.
iv. The Contractor shall have a Quality Assurance program that covers Quality
Assurance and Workmanship standards that meet the highest quality for design,
manufacturing, test method, maintenance and repair standards.
v. The Contractor shall provide a report detailing the results of the preventive
maintenance services, including the name and location of the FDNY Facility, the
date, model number, and serial number of the Equipment; the adjustments made,
malfunctions corrected and parts replaced; and any other pertinent information. All
reports shall be sent to the FDNY to the attention of the designated FDNY
representative, Bureau of Technology Development and Systems, 9 MetroTech
Center, Brooklyn, NY 11201-3857, within fifteen calendar (15) days after the
performance of the preventive maintenance service.
e. Replacement Parts
i. Parts shall be new or equivalent to new in performance. If new parts cannot be
furnished, the Contractor shall either repair the existing part or supply a rebuilt part.
The Contractor shall be capable of manufacturing replacement parts that are custom
designed to meet the Department’s requirements for the Equipment and for, which
there are no known off-the-shelf commercial sources for replacements. The FDNY
will make the manufacturing drawings available to the Contractor for copying. All
replacement parts shall be furnished by the Contractor at no additional charge to the
FDNY. Any, parts which are added to or replaced in the system, shall be covered
under the Agreement, at no additional charge, and become the property of the FDNY.
The repaired or rebuilt part shall have the prior approval of the FDNY Authorized
Representative and shall meet the same requirements as the new parts.
ii. The Contractor shall stock a sufficient parts inventory or the Contractor shall have
immediate access to replacement parts to assure that all Equipment can be maintained
and repaired in accordance with all requirements of this Agreement. The Contractor
shall be responsible for keeping track of the inventory of spare parts by serial number
and location. The FDNY will make available for the Contractor’s use the
subassemblies, which will be stored at the Contractor’s facility to assure immediate
access. Such spare parts are the property of the FDNY and must be immediately
returned to the FDNY upon request.
iii. Assemblies or sub-assemblies that have failed and can be economically repaired shall
be repaired or refurbished, tested by the Contractor, and returned to the FDNY spare
21
inventory. The spare parts inventory shall not be utilized for any purpose other than
to effect repairs on the Equipment.
f. Backup Borough Testing
The Contractor will perform periodic backup borough testing (“Backup Testing”) as
identified by FDNY to ensure operational stability across the City. The Backup Testing
shall include but not limited to ensuring all workstations, ERS, VA, Contractors, maps,
SEP's, Silent Hawk, ATS, and related systems are functioning properly to support call
taking/dispatch operations. The Contractor shall be responsible for correcting all
deficiencies and documenting all findings. All deficiencies shall be reported to the
FDNY Authorized Representative at such time as each Backup Testing cycle is
concluded. The Contractor shall provide such information within on (1) hour of the
completion of each Backup Testing cycle or as otherwise directed by the FDNY.
G. On-call Upgrade, Engineering/Technical and Systems Integration Services Requirements
As specified in the Appendices A-J herein.
H. Contractor Administrative and Managerial Responsibilities
1. General Requirements
a. The Contractor shall be responsible for daily backups of any software developed by the
Contractor as part of this Agreement as mutually agreed upon by the Contractor and the
Department.
b. The Contractor shall maintain the continuity of the Contractor personnel for the duration
of the Agreement. Changes in Contractor personnel shall be subject to approval by the
Fire Department Project Manager.
c. Contractor personnel shall sign a Fire Department logbook when arriving and departing
any Fire Department Facility.
d. The Contractor shall secure and protect all Contractor-owned property (materials, tools,
instruments, etc.) brought to Fire Department Facilities. The Fire Department will not
assume responsibility or liability for any such items left on Fire Department premises.
e. The Contractor shall give the FDNY prompt notice of any incidents at any Department
Facility resulting in bodily injury or property damage.
2. Project Management
a. The Contractor shall designate one of its project team members to function in the role of
Project Manager. The Project Manager shall be responsible for the following:
i. Maintaining control over the work duties, schedule, and performance of the
Contractor and / or subcontractor Personnel.
ii. Providing all project reporting in the form of weekly status reports, meeting
summaries/minutes, project plans and other project management documentation as
mutually agreed upon by the Contractor and the Department.
22
iii. Attending weekly status meetings or as otherwise mutually agreed upon by the
Contractor and the Department to be held at the Fire Department with the Fire
Department Project Manager and Fire Department staff.
b. The Contractor shall develop processes and procedures to include but not be limited to
managing all Contractor preventative maintenance and repair services, and all on-call
optional, engineering/technical services and software integration services as specified
herein.
c. The Contractor will use FDNY’s change management system to coordinate all changes
on systems that are in production. At the direction of the FDNY, the Contractor shall
utilize the Department’s change management system to document testing deficiencies,
change management and related issues for systems integration projects in development,
pre-production or testing environments.
d. The Contractor shall direct and manage teams as applicable in the execution of all work
to include on-call task order based requirements. Where applicable the Contractor shall
develop project plans, status reports and maintain
e. The Contractor shall review, correct, complete and submit all documentation, warranties,
financial records, and the return of any FDNY equipment, documents, keys, ID cards,
and other physical or intellectual property as required by the FDNY Authorized
Representative.
f. The Contractor shall manage the reassignment of project team members where
applicable, ensuring complete transfer of responsibility for all delivered and accepted
work product and process.
g. The Contractor shall develop and maintain a communications plan that documents and
directs the distribution of information related to all services provided to the FDNY
Authorized Representative and all designees as directed. Materials shall include but not
be limited to all written and electronic documents, project plans, meeting minutes,
service records, spare parts and equipment lists, and test results. The Contractor shall be
responsible for providing all records and documents as upon request to the FDNY
Authorized Representative.
3. Change Management System
a. The Contractor shall utilize the FDNY internal change management system (“FDNY
CMS”) for reporting and managing all inquiries, preventative maintenance, repair service
calls and on-call support requests as directed by the FDNY Authorized Representative.
The FDNY reserves the right to update or release new versions of the FDNY CMS at its
sole discretion.
The Contractor shall follow all protocols as directed by the FDNY Authorized
Representative to include but not be limited to the following:
i. Enter all applicable responses to inquiries, services calls or support requests to
include date and time of Contractor arrival on site for problem resolution; problem
found; resolution implemented; date and time that problem was resolved, operational
status of any equipment services or repaired.
23
ii. Record equipment type, model number, serial number and Fire Department property
number of any equipment that is in need of service, any equipment substituted for
failed equipment and any equipment transported to the Contractor’s facility for
servicing.
iii. Current loop measurements as applicable to service request.
iv. Software version utilized or installed during the performance of requested Services.
v. All preventative maintenance activities performed.
vi. Any and all unusual conditions such as safety, operational or safety difficulties noted
by the Contractor during performance of services.
b. The Contractor shall prepare and deliver a bi-weekly repair activity report that
summarizes all activities that occurred during the preceding month. The bi-weekly
reports will be used by the Department to assess the Contractor’s performance, identify
any existing or developing problems by analyzing trends. The bi-weekly activity reports
shall contain but not be limited to the following information:
i. Number of repairs summarized by equipment type and borough;
ii. Number of problems found summarized by fault categories, including a six (6) month
history;
iii. Response time statistics, i. e. average and maximum, including a six (6) month
history; and
iv. Repair time statistics i.e. average and maximum, including a six (6) month history.
4. Integration Testing
a. The Contractor shall be responsible to develop test plans and test scripts, and conduct
integration testing on all new upgrades and bug fixes with other applications, interfaces,
systems, etc.
b. All such integrated testing services shall be performed in accordance with Appendix H
herein.
I. General Conditions
1. The work shall be performed in accordance with the best modern practice with materials and
workmanship of the highest standards.
2. The Contractor shall be responsible for the safe storage of materials, tools and equipment.
3. All work performed pursuant to this Agreement shall comply with all applicable Federal,
State, and City laws, rules and regulation and shall also meet or exceed industry standards.
a. The Equipment shall be maintained at an acceptable level throughout the period of this
Agreement. An “acceptable level” is defined as the level of maintenance and repairs that
24
shall preserve the operation of the Equipment in accordance with all manufacturers’
published specifications and prevent deterioration of the Equipment.
b. The Contractor shall be responsible for field replacement and repair of the intercom
power supplies and shall be responsible for troubleshooting the Equipment to determine
if the power supply is malfunctioning.
c. All parts shall be new or equivalent to new, high quality, and meet or exceed
manufacturers’ specifications, to assure performance and reliability to the standards
established for this application. Any reduction in Mean Time Before Failure (“MTBF”)
due to the use of replacement parts that are not of at least equal quality shall be cause for
rejection and repair at the Contractor’s expense.
d. The scope of services is a statement of the minimum level of work and services that are
to be provided by the Contractor under this agreement They are not intended to be, nor
shall be construed as limiting specifications or requirements. The Contractor shall take
all steps and measures, which would be taken by a prudent manager to maintain or repair
the facilities, software and equipment to maximize the life expectancy of such items by
proper repair and maintenance.
e. All work shall be performed as expeditiously as possible without interfering with the
operation of the Central Offices, the 911 Call Center, and NYPD Headquarters. All such
facilities are operated twenty-four (24) hours per day. The Contractor shall not perform
any work that would interfere with these facilities’ capability to perform emergency
services without the approval of the Department.
f. The Contractor shall maintain good housekeeping practices. When work is performed,
the Contractor’s personnel shall clean all Equipment on which work was performed and
the entire area in which work was done, leaving all in a condition satisfactory to the
Department. The Contractor must obtain the approval of the Department before storing
any supplies or equipment in the Department facilities.
g. The Department reserves the right to perform the services noted herein.
h. All repairs, replacements, or installation of Equipment and Call Boxes shall comply with
all applicable Federal, State, and City laws, rules and regulations.
4. All applicable equipment supplied under this Agreement shall meet the standards required
under Part 90 of the Rules and Regulations of the United States Federal Communications
Commission (FCC).
5. One hundred percent (100%) of the designated spare Equipment shall be in good working
condition at all times.
6. The Contractor shall never, under any circumstances, cannibalize any part of the Equipment
for spare parts or for replacing other parts of the Equipment.
7. The Contractor shall provide transportation to and from all FDNY locations specified herein
to include transportation for the Contractor’s personnel and for the safe transportation of any
equipment or parts required in the performance of the required services to include all
equipment and parts specified herein.
25
8. The Contractor shall report to the Department in writing, if Equipment cannot be restored to
a fully operational condition. The Contractor shall describe the condition of the Equipment,
the probable cause, and any other pertinent facts. The Fire Department upon review of the
report will direct the Contractor as to the disposition of the damaged Equipment.
9. The Contractor shall bear the costs of any repair resulting from damage caused by the
Contractor’s work practices.
10. The Contractor shall maintain a twenty-four (24) hour answering service or other continuous
telephone coverage to permit the FDNY to notify the Contractor for repair services. The
Contractor shall provide repair service twenty-four hours per day, seven (7) days per week.
11. The Contractor shall not utilize any supplies or tools owned or operated by the Department.
The Department will provide electric power in the FDNY Facilities for the operation of light
power tools. The Contractor shall not perform any work that interferes with the
Department’s capability to perform services without the approval of the Department. The
FDNY Facilities are occupied twenty four (24) hours per day, seven (7) days per week, and
the work shall be performed as expeditiously as possible without interfering with the
operation of the facility.
J. Contractor Personnel
1. The Contractor shall have in its employ at all times a sufficient number of capable and
qualified employees to enable it to complete the Services as specified herein. The employees
shall have training and demonstrated ability in the specified areas, and possess all required
licenses, permits, and all other applicable certificates and qualifications. In the absence of
any licensing requirements by a Federal, State or City authority, the Contractor shall certify
in writing that the persons to include but not be limited to all subcontractor employees
involved in the performance of the work are competent to perform the required Services.
a. Contractor employees shall have ability and training in digital and analog
communications systems, embedded microprocessor systems, as applicable, and possess
all required licenses, permits, and other similar certificates and qualifications as
necessary.
2. The Contractor shall designate one of its employees to function in the role of primary contact
person. The contact person shall be the liaison for the Contractor for the term of the
Agreement, and shall handle issues, problems or questions arising from the performance of
Services.
3. The Department reserves the right to review the credentials and qualifications of any
Contractor and/or subcontractor personnel providing Services pursuant to this Agreement,
and to instruct the Contractor and/or subcontractor not to use for such purposes any
individual that the Department determines to be unqualified to perform the Services.
4. The Contractor shall ensure that work required by this Agreement is satisfactorily
supervised. The Contractor shall provide sufficient supervision as is essential to carry out all
the terms and conditions of the Agreement.
5. The Contractor shall comply with all Department security rules. Contractor personnel shall
wear clearly visible photo identification and shall comply with FDNY security procedures
and directions at FDNY Facilities
26
K. Qualifications of the Contractor
1. Contractors submitting a proposal in response to the work delineated in this solicitation shall
meet the following requirements:
a. At the time of proposal submission, corporations or companies providing such services
shall have demonstrated minimum qualifications, which are satisfactory to the FDNY
with respect to the experience and background knowledge of IT and Communications
systems maintenance, upgrade, and repair services described in the Scope of Work,
Section III and section d below. Individual experience of employees or organizations
cannot be used to satisfy this requirement.
b. Joint Ventures, for the purpose of this project, will provide qualifications, as described in
Section III (K)(1) above for each contracting organization.
c. The contractor shall possesses demonstrated qualifications and experience and/or
certification where applicable in all aspects of IT and Communications systems
maintenance, upgrade, and repair services.
d. The contractor shall provide documentation that must include, but must not be limited to,
financial statements, corporate documents, tax returns, individual resumes, copies of
degrees, professional certifications, a listing of comparable projects, and independent
references.
L. Subcontracting
1. The Contractor shall not enter into a contract with any subcontractor for the performance of
Services under this Agreement without the prior written consent of the Fire Department,
whose consent shall not be unreasonably withheld.
2. The Contractor shall be solely responsible for the performance and quality of the Services
under this Agreement and shall be the sole point of contact for all requirements. All terms
and conditions of this Agreement shall apply to any subcontractor retained by the Contractor.
The Contractor shall so provide in its contract with a subcontractor, shall annex to such
contract the provisions of this Agreement applicable to the work to be performed by the
subcontractor, and shall be responsible for enforcing all such provisions. The Contractor
shall remain responsible for the performance of any requirements of this Agreement that the
subcontractor fails to perform.
M. Ownership of the FDNY Communications Systems and Upgrades
1. All rights and interest in the design and operating components in all FDNY Communications
Systems, infrastructure, Equipment, schematics, drawings, diagrams, and Manuals or in any
material work product to the extent it incorporates or is derived from any part of such FDNY
Communications Systems design or operating components, shall be the exclusive property of
the FDNY, including but not limited to, modifications, upgrades, retrofits, systems
integration and the right to copyright and patent such items and to use and register such
copyrights and patents.
2. The Contractor and/or its subcontractors’ shall grant to the City the right to use all
Contractor- and/or its subcontractors’-developed software for the purpose of evaluation and
27
acceptance prior to going online. The Contractor and/or its subcontractors’ shall grant to the
FDNY an exclusive, non-transferable right to use the object code version of the Contractor-
and/or its subcontractors’-developed software. Vendor proprietary software of which the
Contractor is only a licensee with no ownership rights are subject to Contractor’s and/or its
subcontractors’ licensing agreement with the original software developer. The Contractor
and/or its subcontractors’ grants to the FDNY a perpetual, personal, non-transferable and
exclusive right to use all Contractor- and/or its subcontractors’-developed developed
software and related documentation necessary to support the database(s) required by this
Agreement.
3. When requested by the FDNY or within one (1) week prior to the expiration or termination
of this Agreement, the Contractor and/or its subcontractors’ shall deliver to the Department
all software developed exclusively for the Department, and all or any data files developed
under this Agreement on an industry standard sequential mat.
N. Infringements and Indemnification
1. Indemnification. The Contractor shall defend, indemnify and hold the City harmless from
and against any and all claims, suits, damages, judgments, liabilities, and losses because of or
related to injuries to persons (including death) or damage to property caused by Contractor in
the course of performing this Agreement or resulting from Contactor’s negligence, gross
negligence or intentional torts. This indemnification provision shall not be limited in any way
by any obligation of the Contractor to obtain insurance as provided under this Agreement.
2. Intellectual Property Indemnification. The Contractor shall defend, indemnify and hold the
City harmless from and against any and all claims, suits, damages, judgments, liabilities and
losses because of or related to any claim that any deliverable, the delivery of any deliverable,
or the performance of any work under this Agreement infringes or violated the copyright,
trademark, or any other property or personal right of any third party.
O. Confidentiality
1. The Contractor acknowledges that all records, information or data, which it may have access
to, examine, prepare, maintain or have custody of and deliver hereunder, are confidential
records. (“Confidential Information”). All Confidential Information is the property of the
Fire Department, and the Contractor would not at any time during the term of the Agreement,
or thereafter, make any disclosure or statements or release to any third party any Confidential
Information without the prior written approval of the Fire Department.
The obligation to maintain Confidential Information would include the duty to comply with
all Federal, State and local laws, rules and regulations. The Contractor agrees that it will
instruct its officers, employees, and agents, to maintain the confidentiality of any and all
Confidential Information.
Upon expiration or termination of the Agreement, the Contractor would return to the
Department any and all Confidential Information in the possession of the Contractor or its
subcontractors, and permanently delete any and all Confidential Information maintained in
any electronic form by the Contractor or its subcontractors.
A breach of this section would constitute a material breach of the Agreement for which the
FDNY may terminate the Agreement. The FDNY reserves any and all other rights and
remedies in the event of unauthorized disclosure.
28
2. License for Contractor Software and Third Party Software
The Contractor shall provide the Department with perpetual and nonexclusive licenses for
each Contractor software product and third party software product provided pursuant to this
solicitation. The Contractor represents and warrants that it is authorized to provide all of the
Contractor software and third party software products, and, if necessary, to customize the
Contractor and third party software products to be provided under the Agreement, without
violating any intellectual property, trade secret, or confidentiality rights of the third parties
whose software is being provided and/or customized hereunder or any such rights of any
third parties.
3. Warranties of Title
a. The Contractor represents and warrants that the Copyrightable Materials: (a) are wholly
original material not published elsewhere (except for material that is in the public
domain); (b) do not violate any copyright law; (c) do not constitute defamation or
invasion of the right of privacy or publicity, and (d) are not an infringement of any kind,
of the rights of any third party. To the extent that the Copyrightable Materials
incorporate any non-original material, the Contractor represents and warrants that it has
obtained all necessary permissions and clearances, in writing, for the use of such non-
original material, copies of which shall be provided to the FDNY upon execution of an
Agreement.
4. Intellectual Property Indemnification
a. The Contractor shall defend, indemnify and hold the FDNY harmless from and against
any and all claims, suits, damages, judgments, liabilities, costs and expense, including
reasonable attorneys’ fees, to which it may be subject because of or related to any claim
that the Copyrightable Materials, as applicable, infringes or violates the copyright,
trademark, or any other property or personal right of any third party. This
indemnification shall survive the termination or expiration of the Agreement. This
indemnification provision shall not be limited in any way by the Contractor’s obligations
to obtain insurance as provided under the Agreement. Furthermore, Contractor shall
defend and settle at its sole expense all suits or proceedings brought against Contractor
arising out of the foregoing.
5. Vendor Induced Inhibiting Code
a. The Contractor shall not include any Vendor Induced Inhibiting Code (or VIIC) or any
other inhibitor on reports and data submitted and provided to the City under this
Agreement. VIIC is defined as any deliberately included application or system code that
will degrade performance, result in inaccurate data, deny accessibility, or adversely
effect, in any way, programs or data or use of the system.
b. The Contractor agrees not to include any imbedded code or other schemes that will limit
the ability of the FDNY to select a qualified vendor or its own personnel to maintain the
system in the event the City is required to rely on access to the source code to maintain
the CAD system.
P. Warranty
29
1. General Requirements
a. The Contractor and/or its subcontractors’ warrants that for the duration of the Agreement
that from the date of acceptance and completion of the repair, maintenance or
installation, or optional services, that such services and repairs, installed components,
modifications, additions, and parts thereof shall be free from defects in materials and
workmanship and shall operate in accordance with their intended use and meet or exceed
manufacturer’s published specifications. If the manufacturer’s warranty for the parts is in
excess of the periods stated herein, then that period of time shall be in effect for the
Equipment and parts. The warranty period shall commence after the completion of the
maintenance service or optional services by the Contractor and acceptance by the Fire
Department.
b. The Contractor and/or its subcontractors’ shall provide an interim warranty for all
contracted task-order services requirements. This warranty shall be in effect until the
acceptance of the last component of the required services, in accordance with a mutually
agreed upon schedule between the FDNY and the Contractor. Upon acceptance of the
required services, in its entirety, then the agreed upon warranty period shall commence in
accordance with this section. During the interim warranty period, the Contractor shall
provide the same warranty repair service and response to service calls delineated herein
in III(F)(1)(a). If applicable, the warranty shall survive the expiration of the agreement.
i. If the Contractor and/or its subcontractors’ is allowed an extension in the time of
performance, then the interim warranty period shall be extended for such a period to
cover the implementation of the deliverables. The extension period shall consist of
the additional period of time for Contractor implementation plus an allowance of ten
(10) calendars days for FDNY acceptance.
ii. The extension shall be at no additional cost to the FDNY, and shall not reduce the
duration of the balance of the warranty period commencing upon FDNY written
acceptance of any deliverable.
c. The warranty shall survive the expiration of the Agreement for a period of ninety (90)
days if service repairs or optional services were performed less than ninety days (90)
days from the date of expiration of the Agreement.
d. The Department will use its best efforts to notify the Contractor during the warranty
period if any repair is not in good working order.
e. The Contractor and/or its subcontractors’ shall either repair or replace, at the
Department’s sole option, any parts thereof, which the Department determines are not in
good working order during the warranty period without charge to the Department.
Included in this will be those items which are rendered unserviceable through ordinary
use.
f. Repaired, rebuilt or replaced parts shall be warranted to be new or equivalent to new in
performance.
g. The Contractor shall provide and bear the cost of all labor and materials required to meet
its obligation under this warranty.
30
h. The Contractor shall provide and bear the cost of all labor, material, transportation, and
insurance of both personnel and Equipment to FDNY Facilities and the Contractor’s
facility.
i. The Contractor shall respond to warranty repairs within the same time frames as
established in Section III (D)(1)(a). The Contractor shall provide any and all warranty
work at no charge.
j. The Contractor shall contact the FDNY Authorized Representative for further
instructions and authorization if the warranty repair work required is substantially more
extensive or difficult than anticipated.
Q. Liquidated Damages
1. General Requirements
a. If the Contractor fails to timely perform a scheduled Preventative Maintenance call or
fails to respond to a repair service call, or optional service call, during the Regular
Service window as defined herein then the Contractor shall be subject to fixed and
liquidated damages of one hundred dollars ($100.00) per hour or portion thereof beyond
the established time frame that the Contractor fails to respond.
b. If the Contractor fails to complete the services within the time frames established herein,
then the Contractor shall be subject to fixed and liquidated damages of one hundred
dollars ($100.00) for each calendar day or portion thereof that the Contractor fails to
return the system in a repaired and operational condition.
c. If the Contractor fails to timely perform Repair service call during the Premium Service
Window, then the Contractor shall be subject to fixed and liquidated damages of two
hundred and fifty hundred dollars ($250.00) per hour or portion thereof beyond the
established time frame that the Contractor fails to respond.
d. The Contractor shall monitor all maintenance, repairs, on-call engineering/technical
service, software integration services, and service schedules and shall promptly notify the
ACCO and the FDNY Authorized Representative, by telephone or other means of any
delays to the service schedules. The FDNY shall determine if such delays or service
impairments have caused or likely an impairment to the operation of the FDNY or an
inconvenience to the FDNY. If it is determined that such delays or service impairments
have caused or are likely to cause such impairment or inconvenience, then the FDNY
shall notify the Contractor in writing, and provide a cure date to the Contractor. The cure
date shall provide the Contractor with a time period to cure the situation to avoid
liquidated damages. Decisions of the FDNY in this regard shall be final and shall not be
arbitrary or capricious.
c. All such charges against the Contractor shall be deducted from money that is due or shall
become due to the Contractor from the City. In the event that there is no money due the
Contractor, then the Contractor shall pay the amount of the charges to the City.
2. ERS Requirements
a. Call Box Repair Services: If the supply of repaired boxes stored at the Union Street
Depot (Spare Pool) is less than the two (2) week average supply at the end of a business
31
day, then damages shall be assessed at the rate of one hundred dollars ($100.00) per
calendar day until such time the number of required boxes is restored to the average
supply.
b. Call Box Pick-up and Delivery: Damages shall be assessed at the rate of one hundred
dollars ($100.00) per calendar day for each day, or portion thereof, that the Contractor
fails to furnish pick-up and delivery services.
c. Emergency Field Service Repair: Damages shall be assessed at the rate of one hundred
dollars ($100.00) per hour for each hour, or portion thereof, in excess of one (1) hour that
the Contractor fails to respond to an emergency service call.
d. Serial and Code Replacement: Damages shall be assessed at the rate of five dollars
($5.00) per Call Box for each Call Box that the Contractor fails to affix with a new label.
e. Facility Maintenance: Damages shall be assessed at the rate of one hundred dollars
($100.00) per calendar day or portion thereof that the Contractor fails to provide weekly
facility preventive maintenance services.
3. Starfire Requirements
a. If the Contractor fails to complete the Services within the timeframes established herein,
then the Contractor shall be subject to fixed and liquidated damages of five hundred
dollars ($500.00) each calendar day or portion thereof for each day that the Contractor
fails to complete the Services within the required timeframes.
b. If the Contractor fails to maintain the Starfire Software System or any item of software or
hardware thereof reliability uptime rate as specified in Appendix C (I)(A)(7)(d)(v) then
the Contractor shall be subject to fixed and liquidated damages of twenty dollars ($20.00)
per minute or portion thereof that the Starfire System fails to meet the uptime rate
required.
4. On-call Services
a. If the Contractor fails to complete the Services within the timeframes established in the
on-call services task order, then the Contractor shall be subject to fixed and liquidated
damages of five hundred dollars ($500.00) each calendar day or portion thereof for each
day that the Contractor fails to complete the Services within the required timeframes.
5. If the Contractor fails to comply with its Minority and Women Owned Business (“M/WBE”)
utilization plan, the FDNY may assess liquidated damages in the amount of ten percent
(10%) of the difference between the value of the M/WBE participation goals agreed to by the
Contractor and the value of the M/WBE participation goals for which the Contractor
obtained qualifying subcontractors and received credit.
6. If the Contractor fails to list a subcontractor and/or report subcontractor payments in a timely
fashion it may result in the FDNY declaring the Contractor in default of the Contractor and
may subject the Contractor to liquidated damages in the amount of one hundred dollars
($100.00) per day for each day that the Contractor fails to identify a subcontractor along with
the required information about the subcontractor and/or fails to report payments to a
subcontractor, beyond the timeframes set forth in accordance with Article 15 herein.
32
7. The Contractor shall monitor all deliverables and Services and shall promptly notify the
FDNY Authorized Representative by telephone or other means of any failure to provide such
deliverables and Services in accordance with the contract schedule. The Department shall
determine if failure to provide such deliverables and Services have caused or are likely to
cause impairment to the operation of the Department or an inconvenience to the Department.
If it is determined that such failure to provide deliverables and Services has caused or is
likely to cause such impairment or inconvenience, then the Department shall notify the
Contractor in writing, and provide a cure date to the Contractor. The cure date shall provide
the Contractor with a time period to cure the situation to avoid liquidated damages. Decisions
of the Department in this regard shall be final and binding and shall be in the Department’s
sole discretion.
8. All such charges for liquidated damages assessed to the Contractor shall be deducted from
money that is due or shall become due to the Contractor from the City. In the event that there
is no money due to the Contractor, then the Contractor shall pay the amount of the charges
due the City.
R. Compensation
1. The Contractor shall provide pricing for monthly preventative maintenance and repair
services for the FDNY Communications Systems as listed on the Price Proposal Form
(Attachment B herein). Services shall be provided on a twenty four (24) hour, seven (7) day
per week basis as necessary to keep all FDNY Communications Systems in working order.
All pricing shall be fully burdened as noted the Price Proposal Form (Attachment B herein).
The FDNY retains the right to remove any of the listed communications systems at any time
based upon Department requirements.
2. The Contractor shall provide hourly rates for on-call upgrade, engineering, technical and
systems integration services requirements personnel services based upon the titles listed on
the Price Proposal Form. All pricing shall be fully burdened as noted on the Price Proposal
Form and shall be the basis for task order price proposals submitted at the request of the
FDNY for on-call services.
3. The Contractor shall provide a mark-up factor for the net price for contracted on-call
requirements other than personnel to include but not be limited to supplied equipment, third-
party contracted software or COTS products, computer hardware and peripherals,
telecommunications systems and related products. The mark-up factor shall be listed on the
Price Proposal Form. The net pricing costs shall be net of all trade, industry, bulk and early
payment discounts. The mark-up factor shall remain fixed for the duration of the Agreement,
and shall not be subject to any additions or cost of living increases.
a. At such time as the Department submits a task order request for on-call services, the
Contractor provided pricing for non-personnel services to include but not be limited to
supplied equipment, third-party contracted software or COTS products, computer
hardware and peripherals, and/or telecommunications systems and related products shall
be the pricing in effect at the time of the submission of task order price proposal plus the
applicable mark-up factor. The Contractor shall submit vendors’ price quotes and/or
invoices as required to support costs.
S. Payment Provisions
1. General Provisions
33
a. The City agrees to pay and the Contractor agrees to accept, as full consideration for the
complete and satisfactory performance of the Services required herein, the amounts set
forth in the Contractor’s proposal. Total payments to the Contractor shall not exceed the
Maximum Cost provided in the Contractor’s proposal. The prices quoted in the
Contractor’s proposal shall remain fixed for the term of the project with no price
increases.
b. The Contractor shall invoice the Department monthly for all amounts that may become
due during the course of the project. The Department will not compensate the Contractor
for work performed beyond the scope of this project without prior approval from the
Department.
c. The Contractor shall submit numbered invoices which shall set forth the items for which
payment is requested, and approval thereof by the Department shall be a prerequisite to
payment. All payments shall be subject to such provisions for set off as may be set forth
herein.
d. The City is exempt from all sales taxes; therefore, charges shall not contain any Federal,
State, and County, City or other sales taxes.
e. All invoices shall be submitted electronically through the FDNY Vendor Connect Portal
(https://fdny.vendorconnect.nyc/fdny). Additional information and instructions on the
FDNY Vendor Connect Portal will be provided to the Contractor at the time of award.
f. Submission of an invoice shall be deemed a certification that the Services described in
the invoice have been performed in accordance with the terms of this Agreement, and
that the amounts billed have not been previously billed or paid for.
g. The Prompt Payment provisions set forth in Section 4-06 of the Procurement Policy
Board Rules are applicable to payments made under this Agreement.
h. Determinations of any interest due on late payments shall be made in accordance with the
provisions of Section 4-06 of the Procurement Policy Board Rules. In the event any
payment owed to the Contractor is overdue by sixty (60) days or more, the Contractor
shall be allowed to suspend Services, provided that the Department has been provided
with at least ten (10) days’ written notification prior to any such suspension of Services.
i. The Contractor shall notify in writing the invoice contact indicated above within five (5)
business days upon fifty percent (50%) expenditure of the total project cost set forth in
the Contractor’s proposal.
2. Executory (Non-Funding) Clause
a. Each award obligation of the City is conditioned upon the availability of funds that are
appropriated or allocated for the payment of such an obligation.
T. Audit by the Fire Department
34
1. All vouchers or invoices presented for payment to be made hereunder, and the books, records
and accounts upon which said vouchers or invoices are based are subject to audit by the Fire
Department and by the Comptroller of the City of New York pursuant to the powers and
responsibilities as conferred upon said Department and said Comptroller by the New York
City Charter and Administrative Code of the City of New York, as well as all orders and
regulations promulgated pursuant thereto.
2. The Contractor shall submit any and all documentation and justification in support of
expenditures or fees under this Agreement as may be required by said Department and said
Comptroller so that they may evaluate the reasonableness of the charges and shall make its
records available to the Department and to the Comptroller, as they consider necessary.
3. All books, vouchers, records, cancelled checks, and any and all similar material may be
subject to periodic inspection, review, and audit by the State of New York, Federal
Government, and other persons duly authorized by the City.
4. The Contractor shall not be entitled to final payment under the Agreement until all
requirements have been satisfactorily met.
U. Participation by Minority Owned and Women Owned Business Enterprises in City
Procurement
1. The contract resulting from this Request for Proposals will be subject to
M/WBE participation requirements under Section 6-129 of the Administrative Code of the
City of New York and Local Law 1 of 2013, as indicated by the inclusion of Schedule B –
M/WBE Utilization Plan (Attachment K) and the Participation Goals indicated in Part I
thereof, proposers must complete the Schedule B – M/WBE Utilization Plan and submit it
with their proposal. Please refer to the Schedule B – M/WBE Utilization Plan and the
Notice to All Prospective Contractors (Attachment J) for information on the M/WBE
requirements established for this solicitation and instructions on how to complete the
required forms. If the proposer intends to seek a full or partial waiver of the Participation
Goals on the grounds described in Section 10 of the Notice to All Prospective Contractors,
including but not limited to, proposer’s intention to use its own forces to perform any or all
of the required contract work would result in a failure to attain the Participation Goals, the
proposer must request and obtain from the Agency a full or partial waiver of the Participation
Goals (M/WBE Utilization Plan, Part III) in advance of proposal submission and submit the
waiver determination with the proposal. Please note that if a partial waiver is obtained, the
proposer is required to submit a completed Schedule B-M/WBE Utilization Plan based on
the revised Participation Goals in order to be found responsive.
V. Compliance with Local Law 34 of 2007
1. Pursuant to Local Law 34 of 2007, amending the City's Campaign Finance Law, the City is
required to establish a computerized database containing the names of any "person" that has
"business dealings with the city" as such terms are defined in the Local Law. In order for the
City to obtain necessary information to establish the required database, vendors responding
to this solicitation are required to complete the attached Doing Business Data Form
(Attachment E) and return it with this proposal, and should do so in a separate envelope. (If
the responding vendor is a proposed joint venture, the entities that comprise the proposed
joint venture must each complete a Data Form.) If the City determines that a vendor
has failed to submit a Data Form or has submitted a Data Form that is not complete, the
35
vendor will be notified by the agency and will be given four (4) calendar days from receipt of
notification to cure the specified deficiencies and return a complete Data Form to the
agency. Failure to do so will result in a determination that the proposal is non-responsive.
Receipt of notification is defined as the day notice is e-mailed or faxed (if the vendor has
provided an e-mail address or fax number), or no later than five (5) days from the date of
mailing or upon delivery, if delivered.
W. Whistleblower Protection Expansion Act Rider
1. Local Law Nos. 30 and 33 of 2012, codified at sections 6-132 and 12-113 of the New York
City Administrative Code, the Whistleblower Protection Expansion Act, protect employees
of certain City contractors from adverse personnel action based on whistleblower activity
relating to a City contract and require contractors to post a notice informing employees of
their rights. Please read Attachment H, the Whistleblower Protection Expansion Act Rider,
carefully.
X. Compliance with the Iran Divestment Act
1. Pursuant to State Finance Law Section 165-a and General Municipal Law Section 103-g, the
City is prohibited from entering into contracts with persons engaged in investment activities
in the energy sector of Iran. Each proposer is required to complete the attached Bidders
Certification of Compliance with the Iran Divestment Act, certifying that it is not on a list of
entities engaged in investments activities in Iran created by the Commissioner of the NYS
Office of General Services. If a proposer appears on that list, the Agency/Department will be
able to award a contract to such proposer only in situations where the proposer is takings
steps to cease its investments in Iran or where the proposer is a necessary sole source. Please
refer to Attachment for information on the Iran Divestment Act required for this solicitation
and instructions on how to complete the required form and to
http://www.ogs.ny.gov/About/regs/ida.asp for additional information concerning the list of
entities.
Y. Subcontractor Compliance Notice
1. The selected vendor will be required to utilize the City’s web based system to identify all
subcontractors in order to obtain subcontractor approval pursuant to PPB Rule section 4-13,
and will also be required to enter all subcontractor payment information and other related
information in such system during the contract term.
Z. Term of Agreement.
1. The Agreement shall be for a period not to exceed five (5) years effective from the date of
the receipt of the Notice To Proceed.
36
SECTION IV – FORMAT AND CONTENT OF THE PROPOSAL
A. Proposal Format
Proposers shall provide all information required in the format below. The proposal should be
typed double-spaced on both sides of 8 ½” x 11” paper. Pages shall be paginated. The proposal
will be evaluated on the basis of its content, not length.
1. Proposal Cover Letter
The Proposal Cover Letter form, (Attachment A), transmits the proposer’s Proposal Package
to the Fire Department. The Proposal Cover Letter shall be signed by an official authorized
to bind the proposer. The Proposal Cover Letter shall also include the name, title, and
telephone number of an individual (s) with the authority to negotiate and contractually bind
the proposer, and who may be contacted during the period of proposal evaluation.
2 Table of Contents
Provide a table of contents for the materials contained in the proposal.
3. Technical Proposal
The Technical Proposal is a clear, concise narrative, which shall include the following.
a. Summary
Provide a detailed statement of the important features of the proposal, including the
proposed approach and qualifications of the proposed key staff person (s).
b. Statement of Task
State the proposer’s understanding of the Scope of Services as delineated herein and the
tasks to be accomplished of this RFP.
c. Experience and Qualifications
Describe the successful relevant experience of the proposer and the proposed key staff in
providing the services described in Section III - Scope of Work and associated
appendices of this RFP. In addition, the proposer shall:
i. Provide a listing of at least three (3) relevant references, including the name of the
reference entity, a brief statement describing the relationship between the proposer
and reference entity, and the name, title and telephone number of a contact person at
the reference entity, for the proposer.
ii. Provide for each key staff person a resume and or job description of the qualifications
that will be required to provide the services specified in this RFP.
iii. Provide a synopsis of the scope of any similar service(s) conducted by the proposer as
a whole and/ or in which proposed key personnel participated.
37
iv. State whether or not the proposer has had any other prior or present New York City
contracts. If so, provide the name, address, contact and telephone number of the
contracting Agency, a brief summary of the nature of the contract and the
approximate dollar value.
d. Proposer Responsibility and Capability
Demonstrate the proposers’ organizational (i.e., programmatic, managerial and financial)
capability to perform the services described in Section III - Scope of Services herein.
i. Attach an explanation of how, the proposed services will fit into the proposer’s
organization.
ii. Attach copies of the proposer’s two most recent certified annual audit reports, or a
statement as to why no report is available.
iii. State whether or not there are any pending legal proceedings to which the proposer
and any of its subsidiaries or key personnel are a party to, of which any of their
property is subject and any proceedings known to be contemplated by governmental
authorities. If so, describe the nature and circumstances of the pending proceeding in
detail.
e. Proposed Approach
i. Describe in detail how the proposer will provide the Services described in Section III
- Scope of Work of this RFP and demonstrate that the proposer’s proposed approach
will fulfill the Fire Department’s requirements.
ii. Describe and demonstrate the effectiveness of the proposer’s plan for managing and
implementing the Services.
iii. Provide a statement affirming the proposer’s availability in the New York City area
and for all aspects of Services required herein.
iv. Describe and demonstrate the effectiveness of the methods of quality assurance the
proposer will utilize.
4. Acknowledgement of Addenda
The Acknowledgement of Addenda form (Attachment C) serves as the proposer’s
acknowledgement of the receipt of addenda to this RFP, which may have been issued by the
Fire Department prior to the Proposal Due Date and Time.
5. M/WBE Schedule B- Attachment K
Provide one (1) original double sided copy of Schedule B or one (1) original copy of the
executed Schedule B waiver in accordance with the requirements in Attachment J in a Sealed
Envelope clearly marked as “M/WBE Package” to include M/WBE Schedule B (or Executed
Waiver)
38
6. Proposer Exceptions
Define any exceptions taken to the requirements of this RFP, Attachments, Appendices, and
Addenda. Define any exceptions taken to the requirements of the RFP, including general
Provisions for Service Contracts included in any attachments, Exhibits, Appendices, and
Addenda contained herein. The exceptions shall be included in a separate section of the
Technical Proposal and clearly identified as such.
Note: The technical proposal would not include any pricing information or any
exceptions or notes reflecting the pricing proposal. All such pricing information would be
included only in the price proposal submission.
B. Pricing Proposals
1. Payment Structure
The Fire Department reserves the right to select any payment structure that is in the City’s
best interest. For the purposes of comparison, proposers shall submit a Price Proposal in the
following applicable format:
a. Maintenance and Repair Services
The Contractor shall provide pricing for monthly preventative maintenance and repair
services for the FDNY Communications Systems as listed on the Price Proposal Form
(Attachment B). Services shall be provided based upon Regular Service and Premium
Service windows as defined in Section III(F) herein and as otherwise designated in
Appendices A – J, and as deemed necessary to keep all FDNY Communications Systems
in working order. All pricing shall be fully burdened as noted the Price Proposal Form
(Attachment B herein). The Contractor shall utilize the designated worksheet to list
appropriate labor titles and rates used to factor the monthly preventative maintenance
and/or repair services portion of the Price Proposal Form as applicable. The FDNY
retains the right to remove any of the listed communications systems at any time based
upon Department requirements.
b. On-call Personnel Services
i. The Contractor shall provide hourly rates for on-call upgrade, engineering, technical
and systems integration services requirements personnel services based upon the titles
listed on the Price Proposal Form.
ii. All rates per title hour shall be “fully burdened” (“Fully Burdened”) and include all
labor, capital equipment costs, statutory payroll, fringe benefits, overhead, meals,
insurance, travel time, transportation costs, tolls, vehicles, attendant expenses,
consumable materials, all auxiliary costs (such as secretarial support, office materials,
etc.) and Contractor profit. The Contractor shall not charge the Department for a
lunch hour or any Contractor breaks. Overtime and work performed on a City
Holiday shall be the same rate as the fixed cap hourly rate for the job title in the
Contractor’s price proposal.
c. Subcontracting Services
39
i. The Contractor shall provide a mark-up factor for the net price for subcontracted
services. The mark-up factor shall be listed on the Price Proposal Form. The net
pricing costs shall be net of all trade, industry, bulk and early payment discounts.
The mark-up factor shall remain fixed for the duration of the Agreement, and shall
not be subject to any additions or cost of living increases.
d. On-call Equipment, Third-party contract software, COTS products, computer hardware
and peripherals.
i. The Contractor shall provide a mark-up factor for the net price for contracted on-call
requirements other than personnel to include but not be limited to supplied
equipment, third-party contracted software or COTS products, and computer
hardware and peripherals. The mark-up factor shall be listed on the Price Proposal
Form. The net pricing costs shall be net of all trade, industry, bulk and early payment
discounts. The mark-up factor shall remain fixed for the duration of the Agreement,
and shall not be subject to any additions or cost of living increases.
e. Reimbursable Expenses
i. Reimbursable expenses shall be on a time and materials basis and shall be pre-approved
by the FDNY for travel expenses related to work specified in this Agreement and shall
be limited to transportation, lodging, meals, and other incidental expenses in accordance
with United States General Services Administration (GSA) rules and reimbursement
rates in effect at the time the expense is incurred. Transportation from the Contractor
residence or place of business to FDNY facility or New York City locale shall be by
round trip coach airfare, if such residence or place of business is in excess of three
hundred (300) miles from the locale, plus local carfare to and from the airport; or by
regional round trip rail/bus rates in effect at the time of travel. If traveling by personal
car, the rate per mile for the round trip mileage from the Contractor residence or place of
business to the Shipyard or FDNY facility or New York City locale shall be in
accordance with United States GSA rules and reimbursement rates in effect at the time
of travel.
ii. The amount of twenty-five thousand dollars ($25,000) per annum will be included in the
contract as an allowance for miscellaneous reimbursable expenses. Said miscellaneous
expenses shall be limited to local transportation, car rental, reproduction,
telecommunications, fax and mail services.
Note to Proposers: All documents and reports required for this RFP, including but not limited to
reports, service reviews, cost estimates, distribution reports, QC reports and price proposals shall
be provided at no additional cost to the Fire Department. Attachments with pricing information
shall not be included with the technical proposal.
C. Proposal Submission
1. The proposal shall be submitted by the due date and time prescribed in this RFP,
a. one (1) original and ten (10) hard copies, and two (2) electronic versions (CD/DVD/USB
Media) of the Proposal Cover Letter and Technical Proposal in sealed envelopes or
boxes.
40
b. one (1) original and two (2) copies of the Pricing Proposal and two (2) electronic
versions (CD/DVD/USB Media) in separately sealed envelopes or boxes.
2. Proposal Delivery
The proposal package must be received by no later than 4:00 PM on 04/06/2017 at the
following address:
Fire Department of the City of New York
9 MetroTech Center, 5W-13-K
Brooklyn, N.Y., 11201
Attention: Edward Woda
3. Proposal Identification
a. Inner Sealed Envelope/Box Identification
To prevent opening by unauthorized individuals, the sealed envelopes/boxes shall be
identified as follows:
Envelope/Box #1 - TECHNICAL PROPOSAL PREVENTATIVE MAINTENANCE,
REPAIR, UPGRADE AND ON-CALL SYSTEMS INTEGRATIONS SERVICES FOR
FIRE DEPARTMENT COMMUNICATIONS–SYSTEMS, PIN 057170000514/ ePin No.
05717P0001 - CONFIDENTIAL
Envelope/Box #2 - PRICE PROPOSAL PREVENTATIVE MAINTENANCE,
REPAIR, UPGRADE AND ON-CALL SYSTEMS INTEGRATIONS SERVICES FOR
FIRE DEPARTMENT COMMUNICATIONS–SYSTEMS, PIN 057170000514/ ePin No.
05717P0001 - CONFIDENTIAL
b. Outer Sealed Envelope/Box Identification
The outer sealed envelope of each proposal package enclosing the two sealed inner
envelopes shall be labeled as follows:
i. The proposer’s name and address, the Title and PIN # of this RFP, and the name and
telephone number of the Proposer’s Contact Person.
ii. The name, title and address of the Authorized Agency Contact Person.
iii. Proposal Receipts
4. All proposals received in Room 5W-13-K will be time stamped and issued a receipt by the
Contract Development Unit. Only Contract Development Unit receipts and time stamps will
be accepted as proof of delivery; U.S. mail or messenger delivery receipts will not be
accepted. A copy of the Contract Development Unit receipt will be attached to the proposal
package and a duplicate provided to the messenger, if hand delivered.
5. Proposer Responsibilities
a. The proposer is responsible for timely delivery of the proposal package to Room 5W-13-
K. The Fire Department is not responsible for any delays in delivery of the proposal. This
41
includes, but is not limited to, delays due to outside mail, delivery, and messenger
services; internal security delays; transportation delays; or delays due to Fire Department
internal mail distribution services.
b. Proposers are advised that on occasion security delays at the building entrance can
exceed one (1) hour. Proposers delivering the proposals shall be in possession of valid
identification that will be retained at the security desk until the proposer exits the
building. This identification can be a driver’s license, passport, employee ID card, credit
card, bankcard, or immigration card (green card).
c. Proposers utilizing overnight delivery services should note that packages are delivered
directly to the Fire Department mailroom for distribution by internal mail distribution
personnel. Packages that are received in the mailroom in the late afternoon may not be
distributed until the following day; therefore, if overnight services are utilized, proposers
should allow at least two (2) business days for delivery.
d. Any proposal received in Room 5W-13-K of the Contract Development Unit after the
time and date set for receipt of proposals is late and may be accepted only in the manner
set forth in Section 3-03(f)(5) of the Procurement Policy Board Rules. Late proposals
that are not accepted by the Fire Department in this manner will be promptly returned to
the proposer unopened.
42
SECTION V – PROPOSAL EVALUATION AND CONTRACT AWARD PROCEDURES
A. Selection Process
All proposals accepted by the Fire Department shall be reviewed to determine whether they are
responsive or non-responsive to the requisites of this RFP. Proposals, which are determined by
the Fire Department to be non-responsive, will be disqualified. The Fire Department’s
Evaluation Committee will evaluate and rate all remaining proposals based on the Evaluation
Criteria prescribed below. The Fire Department reserves the right to conduct site visits and/or
interviews and/or to request that proposers make presentations and/or demonstrations, as the Fire
Department deems applicable and appropriate. The Evaluation Committee will consider both the
written and personal presentation/demonstration in evaluating the proposal. Although
discussions may be conducted with proposers submitting acceptable proposals, the Fire
Department reserves the right to award the contract on the basis of initial proposals received,
without discussions; therefore, the proposal should contain its best programmatic and pricing
terms.
B. Evaluation Criteria
Demonstrated quantity and quality of successful relevant experience. 50%
Demonstrated level of organizational capability. 10%
Quality of proposed approach. 40%
C. Basis for Contract Award
A contract will be awarded to the responsible proposer whose proposal is determined to be the
most advantageous to the City, taking into consideration the price and such other factors or
criteria which are set forth in this RFP. The Contract award shall be subject to oversight agency
review and the timely completion of contract negotiations between the Department and the selected proposers.
D. Contract Negotiations
The selected proposer will be invited to negotiate a contract with the City. The contents of the
selected proposal, together with the RFP and any formal questions and answers generated during
the proposal process, will be incorporated with and made part of the final contract as developed
by the Fire Department. Should negotiations fail to result in a signed contract within thirty (30)
days, the Fire Department reserves the right to terminate negotiations and select the proposer
whose proposal is determined to be the next most advantageous to the City. The successful
Contractor shall not disclose nor use any information contained in or received about this RFP or
resulting contract without approval of the ACCO.
43
SECTION VI – GENERAL INFORMATION TO PROPOSERS
A. Complaints. The New York City Comptroller is charged with the audit of contracts in New York City. Any proposer
who believes that there has been unfairness, favoritism or impropriety in the proposal process should inform the Comptroller,
Office of Contract Administration, 1 Centre Street, Room 835, New York, NY 10007; the telephone number is (212) 669-
3000. In addition, the New York City Department of Investigation should be informed of such complaints at its
Investigations Division, 80 Maiden Lane, New York, NY 10038; the telephone number is
(212) 825-5959.
B. Applicable Laws. This Request for Proposals and the resulting contract award(s), if any, unless otherwise stated, are
subject to all applicable provisions of New York State Law, the New York City Administrative Code, New York City
Charter and New York City Procurement Policy Board (PPB) Rules. A copy of the PPB Rules may be obtained by contacting
the PPB at (212) 788-7820.
C. General Contract Provisions. Contracts shall be subject to New York City’s general contract provisions, in
substantially the form that they appear in “Appendix A—General Provisions Governing Contracts for Consultants,
Professional and Technical Services” or, if the Agency utilizes other than the formal Appendix A, in substantially the form
that they appear in the Agency’s general contract provisions. A copy of the applicable document is available through the
Authorized Agency Contact Person.
D. Contract Award. Contract award is subject to each of the following applicable conditions and any others that may
apply: New York City Fair Share Criteria; New York City MacBride Principles Law; submission by the proposer of the
requisite New York City Department of Business Services/Division of Labor Services Employment Report and certification
by that office; submission by the proposer of the requisite VENDEX Questionnaires/Affidavits of No Change and review of
the information contained therein by the New York City Department of Investigation; all other required oversight approvals;
applicable provisions of federal, state and local laws and executive orders requiring affirmative action and equal employment
opportunity; and Section 6-108.1 of the New York City Administrative Code relating to the Local Based Enterprises program
and its implementation rules.
E. Proposer Appeal Rights. Pursuant to New York City’s Procurement Policy Board Rules, proposers have the right to
appeal Agency non-responsiveness determinations and Agency non-responsibility determinations and to protest an Agency’s
determination regarding the solicitation or award of a contract.
F. Multi-Year Contracts. Multi-year contracts are subject to modification or cancellation if adequate funds are not
appropriated to the Agency to support continuation of performance in any City fiscal year succeeding the first fiscal year
and/or if the contractor’s performance is not satisfactory. The Agency will notify the contractor as soon as is practicable that
the funds are, or are not, available for the continuation of the multi-year contract for each succeeding City fiscal year. In the
event of cancellation, the contractor will be reimbursed for those costs, if any, which are so provided for in the contract.
G. Prompt Payment Policy. Pursuant to the New York City’s Procurement Policy Board Rules, it is the policy of the City
to process contract payments efficiently and expeditiously.
H. Prices Irrevocable. Prices proposed by the proposer shall be irrevocable until contract award, unless the proposal is
withdrawn. Proposals may only be withdrawn by submitting a written request to the Agency prior to contract award but after
the expiration of 90 days after the opening of proposals. This shall not limit the discretion of the Agency to request
proposers to revise proposed prices through the submission of best and final offers and/or the conduct of negotiations.
I. Confidential, Proprietary Information or Trade Secrets. Proposers should give specific attention to the identification
of those portions of their proposals that they deem to be confidential, proprietary information or trade secrets and provide any
justification of why such materials, upon request, should not be disclosed by the City. Such information must be easily
separable from the non-confidential sections of the proposal. All information not so identified may be disclosed by the City.
J. RFP Postponement/Cancellation. The Agency reserves the right to postpone or cancel this RFP, in whole or in part, and
to reject all proposals.
K. Proposer Costs. Proposers will not be reimbursed for any costs incurred to prepare proposals.
L. Vendex Fees. Pursuant to PPB Rule 2-08(f)(2), the contractor will be charged a fee for the administration of the Vendex
system, including the Vendor Name Check Process, if a Vendor Name Check review is required to be conducted by the
Department of Investigation. The contractor shall also be required to pay the applicable fees for any of its subcontractors for
which Vendor Name Check reviews are required. The fee(s) will be deducted from payments made to the contractor under
the contract. For contracts with an estimated value of less than or equal to $1,000,000, the fee will be $175. For contracts
44
with an estimated value of greater than $1,000,000, the fee will be $350. The estimated value for each contract resulting from
this RFP is estimated to be (less than or equal to $1million) (above $1million).
M. Charter Section 312(a) Certification. [IF APPLICABLE]
__x___ The Agency has determined that the contract(s) to be awarded through this Request for Proposals will not result in
the displacement of any New York City employee within this Agency. See attached Displacement Determination Form.
_____ The Agency has determined that the contract(s) to be awarded through this Request for Proposals will result in the
displacement of New York City employee(s) within this Agency. See attached Displacement Determination Form.
_____ The contract to be awarded through this Request for Proposals is a task order contract that does not simultaneously
result in the award of a first task order; a displacement determination will be made in conjunction with the issuance of each
task order pursuant to such task order contract. Determinations for any subsequent task orders will be made in conjunction
with such
_______________________________________ ___________________
(Commissioner) (Agency Chief Contracting Officer) Date
45
ATTACHMENT A – PROPOSAL COVER LETTER
RFP TITLE: PREVENTATIVE MAINTENANCE, REPAIR, UPGRADE AND ON-CALL
SYSTEMS INTEGRATIONS SERVICES FOR FIRE DEPARTMENT
COMMUNICATIONS SYSTEMS
PIN #: 057170000514
Proposer:
Name
Address
Tax Identification #
Proposer’s Contact Person:
Name
Title
Telephone # Email
Proposer’s Authorized Representative:
This is to certify that this proposal is a Contractor offer.
Name
Title
Signature
Date
Is the response printed on both sides, on recycled paper containing the minimum percentage of
recovered fiber content as requested by the City in the instructions to this solicitation?
Yes No
46
(This page is left intentionally blank)
47
ATTACHMENT B – PRICE PROPOSAL FORM
PREVENTATIVE MAINTENANCE, REPAIR, UPGRADE AND ON-CALL SYSTEMS
INTEGRATIONS SERVICES FOR FIRE DEPARTMENT COMMUNICATIONS SYSTEMS
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications
Systems
Pin No. 057170000514
Labor Titles Worksheet
Labor Title Fixed Hourly Rate Minimum Maximum
(A) (B) (C) (D)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
Instructions: List all Contractor Labor Titles to be included in the price proposal. Include the applicable fixed
hourly labor rate and the average net employee hourly rate. Complete all information in columns (A), (B), (C),
and (D) in the table below. Add or remove lines as required.
Net Employee Compensation Range
Attachment B‐ Price Proposal Form 1 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Price Schedule‐ Year 1
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
a. Call Box Repair 1250 $ $
b. Damaged Call Box Repair 300 $ $
c. Call Box Serial Number 1000 $ $
d. Call Box Coding 1000 $ $
e. Low Power Module (LPM) Installation 500 $ $
$
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
12 $ $
$
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
a. New ERS Call Boxes (1‐500) 500 $ $
b. New ERS Call Boxes (501‐1000) 500 $ $
$
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
1 $ $
$
$
A .ERS/EMADS
I. FDNY Communications Systems
Total‐ Part A.1 (a + b + c + d + e)
ERS Call Box Decommissioning
Total‐ Part A.4
Total Part A‐ ERS/EMADS (1 + 2 + 3 + 4)
Total‐ Part A.2
2. ERS/EMADS Preventative Maintenance
Monthly Preventative Maintenance
Total‐ Part A.3 (a + b)
4. ERS/EMADS Optional Call Box Decommisioning
1. ERS/EMADS System Repair
3. ERS/EMADS Optional Call Box Replacement
Attachment B‐ Price Proposal Form 2 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Price Schedule‐ Year 1
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
12 $ $
$
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
458 $ $
$
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
a. Auxiliary Station Cover Assembly 75 $ $
b.Auxiliary Station Cover Assembly‐
Housewatch 75 $ $
c.Console Auxiliary Station Terminal Box
Assembly 75 $ $
d. Wall Box Assembly 25 $ $
e. Battery Box Assembly 25 $ $
f. Battery Replacement 916 $ $
g. Battery Spares 100 $ $
h. Battery Test Sets 229 $ $
$
$
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
a. Monthly Preventative Maintenance 12 $ $
b. Optional Programming Services
i. Labor Title 240 $ $
$Total Part 1‐ Electronic Fireground Accountability System
Total Part B‐ Voice Alarm (1 + 2 + 3)
Monthly Preventative Maintenance
Total‐ Part B.1
Total‐ Part B.3 (a + b + c + d + e + f + g + h)
Semi Annual Maintenance Periods
Total‐ Part B.2
B. Voice Alarm System
1. Voice Alarm Repair and Maintenance
2. Voice Alarm Battery Testing and Battery Test Sets
3. Voice Alarm Optional Spare Parts and Equipment
1. Electronic Fireground Accountability System (EFAS)
C. Fireground Accountability Program
Attachment B‐ Price Proposal Form 3 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Price Schedule‐ Year 1
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
a. Monthly Preventative Maintenance 12 $ $
b. Optional Programming Services
i. Labor Title 240 $ $
$
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
a. Monthly Preventative Maintenance 12 $ $
b. Optional Programming Services
i. Labor Title 240 $ $
$
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
a. Monthly Preventative Maintenance 12 $ $
b. Optional Programming Services
i. Labor Title 240 $ $
$
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
a. Monthly Preventative Maintenance 12 $ $
b. Optional Programming Services
i. Labor Title 240 $ $
$
3. Evidence Tracking System (ETS)
4. FGAP Dashboard
Total Part 2‐ EBF‐4: Electronic Ride List
Total Part 3‐ Evidence Tracking System (ETS)
Total Part 5‐ Handie Talkie Radio List
5. Handie Talkie Radio List
Total Part 4‐ FGAP Dashboard
2. EBF‐4: Electronic Ride List
Attachment B‐ Price Proposal Form 4 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Price Schedule‐ Year 1
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
a. Monthly Preventative Maintenance 12 $ $
b. Optional Programming Services
i. Labor Title 240 $ $
$
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
a. Monthly Preventative Maintenance 12 $ $
b. Optional Programming Services
i. Business Analyst 240 $ $
$
$
$
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
12 $ $
$
A. PCATS
PCATS Repair and Preventative Maintenance
II. FDNY Legacy Communications Systems
Total Part I (A + B + C)
Total Part 6‐ Spare Self Contained Breathing Apparatus Mask List
Total Part C‐ Fireground Accountability Program (1 + 2 + 3 + 4 + 5 + 6 + 7)
Total Part 7‐ Patient Tracking System
6. Spare Self Contained Breathing Apparatus Mask List
7. Patient Tracking System
Monthly Preventative Maintenance
Total‐ Part A‐ PCATS Repair and Preventative Maintenance
Attachment B‐ Price Proposal Form 5 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Price Schedule‐ Year 1
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
a. Monthly Preventative Maintenance 12 $ $
b. Starfire On‐Site Programming Services
i. Programmer/Analyst‐ Level II 6240 $ $
c.Starfire Optional On‐Site Programming
Services
i. Programmer/Analyst‐ Level II 1040 $ $
$
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
12 $ $
$
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
12 $ $
$
$
Total‐ Part D‐ Silent Hawk
Total‐ Part II (A + B + C + D)
B. Starfire
SRS Repair and Preventative Maintenance
Silent Hawk Repair and Precentative Maintenance
Monthly Preventative Maintenance
Total‐ Part B‐ Starfire‐ (a + b + c)
C. SRS
Monthly Preventative Maintenance
Total‐ Part C‐ SRS
D. Silent Hawk
Attachment B‐ Price Proposal Form 6 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Price Schedule‐ Year 1
FDNY Suggested Labor
TitleContractor Equivalent Labor Title
Estimated
Annual Hours
(A)
Fixed Hourly Rate
(B)
Total
(A) x (B) = (C)
(C)
Project Manager‐ Level
III 520 $ $
Communications/
Computer Specialist 2080 $ $
Programmer Analyst‐
Level II 2080 $ $
Lead Technician 2080 $ $
FDNY Suggested Labor
TitleContractor Equivalent Labor Title
Estimated
Annual Hours
(A)
Fixed Hourly Rate
(B)
Total
(A) x (B) = (C)
(C)
Project Manager‐ Level
III 520 $ $
Communications/
Computer Specialist 2080 $ $
Programmer Analyst‐
Level II 2080 $ $
Lead Technician 2080 $ $
$
$
$
B. Optional On Call Upgrade, Engineering Support Services, Programming and/or Technical Services
Total‐ Part B. Optional On Call Upgrade, Engineering Support Services, Programming and/or Technical Services
III. Optional Related Communications, Operations, and IT Systems
A. Optional Related Communications, Operations, and IT System Preventative Maintenance and Repair Services
Total‐ Part A. Optional Related Communications, Operations, and IT System Preventative Maintenance and
Repair Services $
Total Part III‐ Optional Related Communications, Operations, and IT Systems‐ (A + B)
A. Optional Related Communications, Operations, and IT System Preventative Maintenance and Repair Services
Attachment B‐ Price Proposal Form 7 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Price Schedule‐ Year 1
Annual Allowance
(A)
Markup (%)
(B)
Contractors Cost Factor
(1+ (B) in Points)
(C)
Total
(A) x (C) = (D)
(D)
Annual Optional On
Call Equipment $ 1,000,000.00 %
$
$
Annual Allowance
(A)
Markup (%)
(B)
Contractors Cost Factor
(1+ (B) in Points)
(C)
Total
(A) x (C) = (D)
(D)
Annual Allowance for
Subcontracted Services $ 1,000,000.00 %
$
$
$ 25,000.00
$Total‐ Year 1
VI. Reimbursable Expenses
Total Part IV‐ Annual Optional On Call Equipment
IV. Optional on‐call equipment, third party contract software, COTS products, spare parts, materials, computer hardware and
peripherals, and/or communications/telecommunications systems equipment
Total Part V‐ Subcontracted Services
V. Subcontracted Services
Attachment B‐ Price Proposal Form 8 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Price Schedule‐ Year 1
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$ 25,000.00
$
Print Name Title
Signature Date
Company Name
Submitted By:
VI. Reimbursable Expenses
Total
IV. Optional on‐call equipment, third party contract software, COTS products, spare parts, materials,
computer hardware and peripherals, and/or communications/telecommunications systems equipment
Total Part III‐ Optional Related Communications, Operations, and IT Systems‐ (A + B)
Total‐ Part A. Optional Related Communications, Operations, and IT System Preventative Maintenance and
Repair Services
Total‐ Part B. Optional On Call Upgrade, Engineering Support Services, Programming and/or Technical Services
V. Subcontracted Services
III. Optional Related Communications, Operations, and IT Systems
Total‐ Part II (A + B + C + D)
Total‐ Part A‐ PCATS Repair and Preventative Maintenance
Total‐ Part B‐ Starfire‐ (a + b + c)
Total‐ Part C‐ SRS
Total‐ Part D‐ Silent Hawk
Total Part A‐ ERS/EMADS (1 + 2 + 3 + 4)
Total Part B‐ Voice Alarm (1 + 2 + 3)
Total Part I (A + B + C)
II. FDNY Legacy Communications Systems
Total Part C‐ Fireground Accountability Program (1 + 2 + 3 + 4 + 5 + 6 + 7)
Summary Sheet
I. FDNY Communications Systems
Attachment B‐ Price Proposal Form 9 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Labor Worksheet‐ Year 1
I. FDNY Communications Systems
A. ERS/EMADS Labor Title Hourly Rate HoursTotal Annual
Amount
Price Per Month(Total Annual Amount
/12)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $
B. Voice Alarm Labor Title Hourly Rate HoursTotal Annual
Amount
Price Per Month(Total Annual Amount
/12)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $
Instructions‐ This worksheet is to be used to calculate the price for month and total annual costs for
preventative maintenance services. Costs are to bebased on appropriate Contractor Supplied Labor Titles,
fixed hourly labor rate, and number of hours required. The calculated total number of hours, total price per
month, and total annual amount shall be listed on the price schedule.
Total ERS/EMADS Preventative Maintenance Services
Total Voice Alarm Preventative Maintenance Services
Attachment B‐ Price Proposal Form 10 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Labor Worksheet‐ Year 1
C. Fireground Accountability Program
1. Electronic
Fireground
Accountability System
(EFAS)
Labor Title Hourly Rate HoursTotal Annual
Amount
Price Per Month(Total Annual Amount
/12)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
2. EBF‐4: Electronic
Ride ListLabor Title Hourly Rate Hours
Total Annual
Amount
Price Per Month(Total Annual Amount
/12)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
3. Evidence Tracking
System (ETS)Labor Title Hourly Rate Hours
Total Annual
Amount
Price Per Month(Total Annual Amount
/12)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
Total Preventative Maintenace Services‐ EBF‐4: Electronic Ride List $ $
Total Preventative Maintenace Services‐ Evidence Tracking System
(ETS)$ $
Total Preventative Maintenace Services‐ Electronic Fireground
Accountability System (EFAS)$ $
Attachment B‐ Price Proposal Form 11 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Labor Worksheet‐ Year 1
4. FGAP Dashboard Labor Title Hourly Rate HoursTotal Annual
Amount
Price Per Month(Total Annual Amount
/12)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
5. Handie Talkie Radio
ListLabor Title Hourly Rate Hours
Total Annual
Amount
Price Per Month(Total Annual Amount
/12)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
6. Spare Self
Contained Breathing
Apparatus Mask List
Labor Title Hourly Rate HoursTotal Annual
Amount
Price Per Month(Total Annual Amount
/12)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
Total Preventative Maintenace Services‐ Spare Self Contained
Breathing Apparatus Mask List$ $
Total Preventative Maintenace Services‐ FGAP Dashboard $ $
Total Preventative Maintenace Services‐ Handie Talkie Radio List $ $
Attachment B‐ Price Proposal Form 12 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Labor Worksheet‐ Year 1
7. Patient Tracking
SystemLabor Title Hourly Rate Hours
Total Annual
Amount
Price Per Month(Total Annual Amount
/12)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
II. FDNY Legacy Communications Systems
A. PCATS Labor Title Hourly Rate HoursTotal Annual
Amount
Price Per Month(Total Annual Amount
/12)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $
B. Starfire Labor Title Hourly Rate HoursTotal Annual
Amount
Price Per Month(Total Annual Amount
/12)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $
Total PCATS Preventative Maintenance Services
Total Starfire Preventative Maintenance Services
Total Preventative Maintenace Services‐ Patient Tracking System $ $
Attachment B‐ Price Proposal Form 13 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Labor Worksheet‐ Year 1
C. SRS Labor Title Hourly Rate HoursTotal Annual
Amount
Price Per Month(Total Annual Amount
/12)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $
D. Silent Hawk Labor Title Hourly Rate HoursTotal Annual
Amount
Price Per Month(Total Annual Amount
/12)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $
Total SRS Preventative Maintenance Services
Total Silent Hawk Preventative Maintenance Services
Attachment B‐ Price Proposal Form 14 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Price Schedule‐ Year 2
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
a. Call Box Repair 1250 $ $
b. Damaged Call Box Repair 300 $ $
c. Call Box Serial Number 1000 $ $
d. Call Box Coding 1000 $ $
e. Low Power Module (LPM) Installation 500 $ $
$
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
12 $ $
$
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
a. New ERS Call Boxes (1‐500) 500 $ $
b. New ERS Call Boxes (501‐1000) 500 $ $
$
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
1 $ $
$
$
Total‐ Part A.2
3. ERS/EMADS Optional Call Box Replacement
Total‐ Part A.3 (a + b)
4. ERS/EMADS Optional Call Box Decommisioning
ERS Call Box Decommissioning
Total‐ Part A.4
I. FDNY Communications Systems
A .ERS/EMADS
1. ERS/EMADS System Repair
Total‐ Part A.1 (a + b + c + d + e)
2. ERS/EMADS Preventative Maintenance
Monthly Preventative Maintenance
Total Part A‐ ERS/EMADS (1 + 2 + 3 + 4)
Attachment B‐ Price Proposal Form 15 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Price Schedule‐ Year 2
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
12 $ $
$
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
458 $ $
$
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
a. Auxiliary Station Cover Assembly 75 $ $
b.Auxiliary Station Cover Assembly‐
Housewatch 75 $ $
c.Console Auxiliary Station Terminal Box
Assembly 75 $ $
d. Wall Box Assembly 25 $ $
e. Battery Box Assembly 25 $ $
f. Battery Replacement 916 $ $
g. Battery Spares 100 $ $
h. Battery Test Sets 229 $ $
$
$
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
a. Monthly Preventative Maintenance 12 $ $
b. Optional Programming Services
i. Labor Title 240 $ $
$
Semi Annual Maintenance Periods
Total‐ Part B.2
3. Voice Alarm Optional Spare Parts and Equipment
Total‐ Part B.3 (a + b + c + d + e + f + g + h)
Total Part B‐ Voice Alarm (1 + 2 + 3)
C. Fireground Accountability Program
B. Voice Alarm System
1. Voice Alarm Repair and Maintenance
Monthly Preventative Maintenance
Total‐ Part B.1
2. Voice Alarm Battery Testing and Battery Test Sets
1. Electronic Fireground Accountability System (EFAS)
Total Part 1‐ Electronic Fireground Accountability System
Attachment B‐ Price Proposal Form 16 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Price Schedule‐ Year 2
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
a. Monthly Preventative Maintenance 12 $ $
b. Optional Programming Services
i. Labor Title 240 $ $
$
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
a. Monthly Preventative Maintenance 12 $ $
b. Optional Programming Services
i. Labor Title 240 $ $
$
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
a. Monthly Preventative Maintenance 12 $ $
b. Optional Programming Services
i. Labor Title 240 $ $
$
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
a. Monthly Preventative Maintenance 12 $ $
b. Optional Programming Services
i. Labor Title 240 $ $
$
4. FGAP Dashboard
Total Part 4‐ FGAP Dashboard
5. Handie Talkie Radio List
Total Part 5‐ Handie Talkie Radio List
2. EBF‐4: Electronic Ride List
Total Part 2‐ EBF‐4: Electronic Ride List
3. Evidence Tracking System (ETS)
Total Part 3‐ Evidence Tracking System (ETS)
Attachment B‐ Price Proposal Form 17 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Price Schedule‐ Year 2
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
a. Monthly Preventative Maintenance 12 $ $
b. Optional Programming Services
i. Labor Title 240 $ $
$
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
a. Monthly Preventative Maintenance 12 $ $
b. Optional Programming Services
i. Business Analyst 240 $ $
$
$
$
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
12 $ $
$
6. Spare Self Contained Breathing Apparatus Mask List
Total Part 6‐ Spare Self Contained Breathing Apparatus Mask List
PCATS Repair and Preventative Maintenance
Monthly Preventative Maintenance
Total‐ Part A‐ PCATS Repair and Preventative Maintenance
7. Patient Tracking System
Total Part 7‐ Patient Tracking System
Total Part C‐ Fireground Accountability Program (1 + 2 + 3 + 4 + 5 + 6 + 7)
Total Part I (A + B + C)
II. FDNY Legacy Communications Systems
A. PCATS
Attachment B‐ Price Proposal Form 18 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Price Schedule‐ Year 2
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
a. Monthly Preventative Maintenance 12 $ $
b. Starfire On‐Site Programming Services
i. Programmer/Analyst‐ Level II 6240 $ $
c.Starfire Optional On‐Site Programming
Services
i. Programmer/Analyst‐ Level II 1040 $ $
$
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
12 $ $
$
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
12 $ $
$
$
B. Starfire
Total‐ Part B‐ Starfire‐ (a + b + c)
Monthly Preventative Maintenance
Total‐ Part D‐ Silent Hawk
Total‐ Part II (A + B + C + D)
C. SRS
SRS Repair and Preventative Maintenance
Monthly Preventative Maintenance
Total‐ Part C‐ SRS
D. Silent Hawk
Silent Hawk Repair and Precentative Maintenance
Attachment B‐ Price Proposal Form 19 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Price Schedule‐ Year 2
FDNY Suggested Labor
TitleContractor Equivalent Labor Title
Estimated
Annual Hours
(A)
Fixed Hourly Rate
(B)
Total
(A) x (B) = (C)
(C)
Project Manager‐ Level
III 520 $ $
Communications/
Computer Specialist 2080 $ $
Programmer Analyst‐
Level II 2080 $ $
Lead Technician 2080 $ $
FDNY Suggested Labor
TitleContractor Equivalent Labor Title
Estimated
Annual Hours
(A)
Fixed Hourly Rate
(B)
Total
(A) x (B) = (C)
(C)
Project Manager‐ Level
III 520 $ $
Communications/
Computer Specialist 2080 $ $
Programmer Analyst‐
Level II 2080 $ $
Lead Technician 2080 $ $
$
$
$
III. Optional Related Communications, Operations, and IT Systems
A. Optional Related Communications, Operations, and IT System Preventative Maintenance and Repair Services
A. Optional Related Communications, Operations, and IT System Preventative Maintenance and Repair Services
Total‐ Part A. Optional Related Communications, Operations, and IT System Preventative Maintenance and
Repair Services $
B. Optional On Call Upgrade, Engineering Support Services, Programming and/or Technical Services
Total‐ Part B. Optional On Call Upgrade, Engineering Support Services, Programming and/or Technical Services
Total Part III‐ Optional Related Communications, Operations, and IT Systems‐ (A + B)
Attachment B‐ Price Proposal Form 20 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Price Schedule‐ Year 2
Annual Allowance
(A)
Markup (%)
(B)
Contractors Cost Factor
(1+ (B) in Points)
(C)
Total
(A) x (C) = (D)
(D)
Annual Optional On
Call Equipment $ 1,000,000.00 %
$
$
Annual Allowance
(A)
Markup (%)
(B)
Contractors Cost Factor
(1+ (B) in Points)
(C)
Total
(A) x (C) = (D)
(D)
Annual Allowance for
Subcontracted Services $ 1,000,000.00 %
$
$
$ 25,000.00
$
IV. Optional on‐call equipment, third party contract software, COTS products, spare parts, materials, computer hardware and
peripherals, and/or communications/telecommunications systems equipment
Total Part IV‐ Annual Optional On Call Equipment
V. Subcontracted Services
Total Part V‐ Subcontracted Services
VI. Reimbursable Expenses
Total‐ Year 1
Attachment B‐ Price Proposal Form 21 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Price Schedule‐ Year 2
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$ 25,000.00
$
I. FDNY Communications Systems
Total Part A‐ ERS/EMADS (1 + 2 + 3 + 4)
Total Part B‐ Voice Alarm (1 + 2 + 3)
Total Part C‐ Fireground Accountability Program (1 + 2 + 3 + 4 + 5 + 6 + 7)
Total Part I (A + B + C)
Summary Sheet
Total‐ Part II (A + B + C + D)
III. Optional Related Communications, Operations, and IT Systems
Total‐ Part A. Optional Related Communications, Operations, and IT System Preventative Maintenance and
Repair Services
Total‐ Part B. Optional On Call Upgrade, Engineering Support Services, Programming and/or Technical Services
II. FDNY Legacy Communications Systems
Total‐ Part A‐ PCATS Repair and Preventative Maintenance
Total‐ Part B‐ Starfire‐ (a + b + c)
Total‐ Part C‐ SRS
Total‐ Part D‐ Silent Hawk
VI. Reimbursable Expenses
Total
Submitted By:
Total Part III‐ Optional Related Communications, Operations, and IT Systems‐ (A + B)
IV. Optional on‐call equipment, third party contract software, COTS products, spare parts, materials,
computer hardware and peripherals, and/or communications/telecommunications systems equipment
V. Subcontracted Services
Signature Date
Company Name
Print Name Title
Attachment B‐ Price Proposal Form 22 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Labor Worksheet‐ Year 2
I. FDNY Communications Systems
A. ERS/EMADS Labor Title Hourly Rate HoursTotal Annual
Amount
Price Per Month(Total Annual Amount
/12)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $
B. Voice Alarm Labor Title Hourly Rate HoursTotal Annual
Amount
Price Per Month(Total Annual Amount
/12)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $
Instructions‐ This worksheet is to be used to calculate the price for month and total annual costs for
preventative maintenance services. Costs are to bebased on appropriate Contractor Supplied Labor Titles,
fixed hourly labor rate, and number of hours required. The calculated total number of hours, total price per
month, and total annual amount shall be listed on the price schedule.
Total ERS/EMADS Preventative Maintenance Services
Total Voice Alarm Preventative Maintenance Services
Attachment B‐ Price Proposal Form 23 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Labor Worksheet‐ Year 2
C. Fireground Accountability Program
1. Electronic
Fireground
Accountability System
(EFAS)
Labor Title Hourly Rate HoursTotal Annual
Amount
Price Per Month(Total Annual Amount
/12)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
2. EBF‐4: Electronic
Ride ListLabor Title Hourly Rate Hours
Total Annual
Amount
Price Per Month(Total Annual Amount
/12)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
3. Evidence Tracking
System (ETS)Labor Title Hourly Rate Hours
Total Annual
Amount
Price Per Month(Total Annual Amount
/12)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
Total Preventative Maintenace Services‐ Electronic Fireground
Accountability System (EFAS)$ $
Total Preventative Maintenace Services‐ EBF‐4: Electronic Ride List $ $
Total Preventative Maintenace Services‐ Evidence Tracking System
(ETS)$ $
Attachment B‐ Price Proposal Form 24 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Labor Worksheet‐ Year 2
4. FGAP Dashboard Labor Title Hourly Rate HoursTotal Annual
Amount
Price Per Month(Total Annual Amount
/12)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
5. Handie Talkie Radio
ListLabor Title Hourly Rate Hours
Total Annual
Amount
Price Per Month(Total Annual Amount
/12)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
6. Spare Self
Contained Breathing
Apparatus Mask List
Labor Title Hourly Rate HoursTotal Annual
Amount
Price Per Month(Total Annual Amount
/12)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
Total Preventative Maintenace Services‐ FGAP Dashboard $ $
Total Preventative Maintenace Services‐ Handie Talkie Radio List $ $
$ $Total Preventative Maintenace Services‐ Spare Self Contained
Breathing Apparatus Mask List
Attachment B‐ Price Proposal Form 25 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Labor Worksheet‐ Year 2
7. Patient Tracking
SystemLabor Title Hourly Rate Hours
Total Annual
Amount
Price Per Month(Total Annual Amount
/12)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
II. FDNY Legacy Communications Systems
A. PCATS Labor Title Hourly Rate HoursTotal Annual
Amount
Price Per Month(Total Annual Amount
/12)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $
B. Starfire Labor Title Hourly Rate HoursTotal Annual
Amount
Price Per Month(Total Annual Amount
/12)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $
Total Preventative Maintenace Services‐ Patient Tracking System $ $
Total PCATS Preventative Maintenance Services
Total Starfire Preventative Maintenance Services
Attachment B‐ Price Proposal Form 26 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Labor Worksheet‐ Year 2
C. SRS Labor Title Hourly Rate HoursTotal Annual
Amount
Price Per Month(Total Annual Amount
/12)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $
D. Silent Hawk Labor Title Hourly Rate HoursTotal Annual
Amount
Price Per Month(Total Annual Amount
/12)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $
Total SRS Preventative Maintenance Services
Total Silent Hawk Preventative Maintenance Services
Attachment B‐ Price Proposal Form 27 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Price Schedule‐ Year 3
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
a. Call Box Repair 1250 $ $
b. Damaged Call Box Repair 300 $ $
c. Call Box Serial Number 1000 $ $
d. Call Box Coding 1000 $ $
e. Low Power Module (LPM) Installation 500 $ $
$
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
12 $ $
$
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
a. New ERS Call Boxes (1‐500) 500 $ $
b. New ERS Call Boxes (501‐1000) 500 $ $
$
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
1 $ $
$
$
Total‐ Part A.2
3. ERS/EMADS Optional Call Box Replacement
Total‐ Part A.3 (a + b)
4. ERS/EMADS Optional Call Box Decommisioning
ERS Call Box Decommissioning
Total‐ Part A.4
I. FDNY Communications Systems
A .ERS/EMADS
1. ERS/EMADS System Repair
Total‐ Part A.1 (a + b + c + d + e)
2. ERS/EMADS Preventative Maintenance
Monthly Preventative Maintenance
Total Part A‐ ERS/EMADS (1 + 2 + 3 + 4)
Attachment B‐ Price Proposal Form 28 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Price Schedule‐ Year 3
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
12 $ $
$
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
458 $ $
$
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
a. Auxiliary Station Cover Assembly 75 $ $
b.Auxiliary Station Cover Assembly‐
Housewatch 75 $ $
c.Console Auxiliary Station Terminal Box
Assembly 75 $ $
d. Wall Box Assembly 25 $ $
e. Battery Box Assembly 25 $ $
f. Battery Replacement 916 $ $
g. Battery Spares 100 $ $
h. Battery Test Sets 229 $ $
$
$
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
a. Monthly Preventative Maintenance 12 $ $
b. Optional Programming Services
i. Labor Title 240 $ $
$
Semi Annual Maintenance Periods
Total‐ Part B.2
3. Voice Alarm Optional Spare Parts and Equipment
Total‐ Part B.3 (a + b + c + d + e + f + g + h)
Total Part B‐ Voice Alarm (1 + 2 + 3)
C. Fireground Accountability Program
B. Voice Alarm System
1. Voice Alarm Repair and Maintenance
Monthly Preventative Maintenance
Total‐ Part B.1
2. Voice Alarm Battery Testing and Battery Test Sets
1. Electronic Fireground Accountability System (EFAS)
Total Part 1‐ Electronic Fireground Accountability System
Attachment B‐ Price Proposal Form 29 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Price Schedule‐ Year 3
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
a. Monthly Preventative Maintenance 12 $ $
b. Optional Programming Services
i. Labor Title 240 $ $
$
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
a. Monthly Preventative Maintenance 12 $ $
b. Optional Programming Services
i. Labor Title 240 $ $
$
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
a. Monthly Preventative Maintenance 12 $ $
b. Optional Programming Services
i. Labor Title 240 $ $
$
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
a. Monthly Preventative Maintenance 12 $ $
b. Optional Programming Services
i. Labor Title 240 $ $
$
4. FGAP Dashboard
Total Part 4‐ FGAP Dashboard
5. Handie Talkie Radio List
Total Part 5‐ Handie Talkie Radio List
2. EBF‐4: Electronic Ride List
Total Part 2‐ EBF‐4: Electronic Ride List
3. Evidence Tracking System (ETS)
Total Part 3‐ Evidence Tracking System (ETS)
Attachment B‐ Price Proposal Form 30 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Price Schedule‐ Year 3
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
a. Monthly Preventative Maintenance 12 $ $
b. Optional Programming Services
i. Labor Title 240 $ $
$
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
a. Monthly Preventative Maintenance 12 $ $
b. Optional Programming Services
i. Business Analyst 240 $ $
$
$
$
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
12 $ $
$
6. Spare Self Contained Breathing Apparatus Mask List
Total Part 6‐ Spare Self Contained Breathing Apparatus Mask List
PCATS Repair and Preventative Maintenance
Monthly Preventative Maintenance
Total‐ Part A‐ PCATS Repair and Preventative Maintenance
7. Patient Tracking System
Total Part 7‐ Patient Tracking System
Total Part C‐ Fireground Accountability Program (1 + 2 + 3 + 4 + 5 + 6 + 7)
Total Part I (A + B + C)
II. FDNY Legacy Communications Systems
A. PCATS
Attachment B‐ Price Proposal Form 31 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Price Schedule‐ Year 3
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
a. Monthly Preventative Maintenance 12 $ $
b. Starfire On‐Site Programming Services
i. Programmer/Analyst‐ Level II 6240 $ $
c.Starfire Optional On‐Site Programming
Services
i. Programmer/Analyst‐ Level II 1040 $ $
$
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
12 $ $
$
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
12 $ $
$
$
B. Starfire
Total‐ Part B‐ Starfire‐ (a + b + c)
Monthly Preventative Maintenance
Total‐ Part D‐ Silent Hawk
Total‐ Part II (A + B + C + D)
C. SRS
SRS Repair and Preventative Maintenance
Monthly Preventative Maintenance
Total‐ Part C‐ SRS
D. Silent Hawk
Silent Hawk Repair and Precentative Maintenance
Attachment B‐ Price Proposal Form 32 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Price Schedule‐ Year 3
FDNY Suggested Labor
TitleContractor Equivalent Labor Title
Estimated
Annual Hours
(A)
Fixed Hourly Rate
(B)
Total
(A) x (B) = (C)
(C)
Project Manager‐ Level
III 520 $ $
Communications/
Computer Specialist 2080 $ $
Programmer Analyst‐
Level II 2080 $ $
Lead Technician 2080 $ $
FDNY Suggested Labor
TitleContractor Equivalent Labor Title
Estimated
Annual Hours
(A)
Fixed Hourly Rate
(B)
Total
(A) x (B) = (C)
(C)
Project Manager‐ Level
III 520 $ $
Communications/
Computer Specialist 2080 $ $
Programmer Analyst‐
Level II 2080 $ $
Lead Technician 2080 $ $
$
$
$
III. Optional Related Communications, Operations, and IT Systems
A. Optional Related Communications, Operations, and IT System Preventative Maintenance and Repair Services
A. Optional Related Communications, Operations, and IT System Preventative Maintenance and Repair Services
Total‐ Part A. Optional Related Communications, Operations, and IT System Preventative Maintenance and
Repair Services $
B. Optional On Call Upgrade, Engineering Support Services, Programming and/or Technical Services
Total‐ Part B. Optional On Call Upgrade, Engineering Support Services, Programming and/or Technical Services
Total Part III‐ Optional Related Communications, Operations, and IT Systems‐ (A + B)
Attachment B‐ Price Proposal Form 33 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Price Schedule‐ Year 3
Annual Allowance
(A)
Markup (%)
(B)
Contractors Cost Factor
(1+ (B) in Points)
(C)
Total
(A) x (C) = (D)
(D)
Annual Optional On
Call Equipment $ 1,000,000.00 %
$
$
Annual Allowance
(A)
Markup (%)
(B)
Contractors Cost Factor
(1+ (B) in Points)
(C)
Total
(A) x (C) = (D)
(D)
Annual Allowance for
Subcontracted Services $ 1,000,000.00 %
$
$
$ 25,000.00
$
IV. Optional on‐call equipment, third party contract software, COTS products, spare parts, materials, computer hardware and
peripherals, and/or communications/telecommunications systems equipment
Total Part IV‐ Annual Optional On Call Equipment
V. Subcontracted Services
Total Part V‐ Subcontracted Services
VI. Reimbursable Expenses
Total‐ Year 1
Attachment B‐ Price Proposal Form 34 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Price Schedule‐ Year 3
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$ 25,000.00
$
I. FDNY Communications Systems
Total Part A‐ ERS/EMADS (1 + 2 + 3 + 4)
Total Part B‐ Voice Alarm (1 + 2 + 3)
Total Part C‐ Fireground Accountability Program (1 + 2 + 3 + 4 + 5 + 6 + 7)
Total Part I (A + B + C)
Summary Sheet
Total‐ Part II (A + B + C + D)
III. Optional Related Communications, Operations, and IT Systems
Total‐ Part A. Optional Related Communications, Operations, and IT System Preventative Maintenance and
Repair Services
Total‐ Part B. Optional On Call Upgrade, Engineering Support Services, Programming and/or Technical Services
II. FDNY Legacy Communications Systems
Total‐ Part A‐ PCATS Repair and Preventative Maintenance
Total‐ Part B‐ Starfire‐ (a + b + c)
Total‐ Part C‐ SRS
Total‐ Part D‐ Silent Hawk
VI. Reimbursable Expenses
Total
Submitted By:
Total Part III‐ Optional Related Communications, Operations, and IT Systems‐ (A + B)
IV. Optional on‐call equipment, third party contract software, COTS products, spare parts, materials,
computer hardware and peripherals, and/or communications/telecommunications systems equipment
V. Subcontracted Services
Signature Date
Company Name
Print Name Title
Attachment B‐ Price Proposal Form 35 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Labor Worksheet‐ Year 3
I. FDNY Communications Systems
A. ERS/EMADS Labor Title Hourly Rate HoursTotal Annual
Amount
Price Per Month(Total Annual Amount
/12)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $
B. Voice Alarm Labor Title Hourly Rate HoursTotal Annual
Amount
Price Per Month(Total Annual Amount
/12)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $
Instructions‐ This worksheet is to be used to calculate the price for month and total annual costs for
preventative maintenance services. Costs are to bebased on appropriate Contractor Supplied Labor Titles,
fixed hourly labor rate, and number of hours required. The calculated total number of hours, total price per
month, and total annual amount shall be listed on the price schedule.
Total ERS/EMADS Preventative Maintenance Services
Total Voice Alarm Preventative Maintenance Services
Attachment B‐ Price Proposal Form 36 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Labor Worksheet‐ Year 3
C. Fireground Accountability Program
1. Electronic
Fireground
Accountability System
(EFAS)
Labor Title Hourly Rate HoursTotal Annual
Amount
Price Per Month(Total Annual Amount
/12)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
2. EBF‐4: Electronic
Ride ListLabor Title Hourly Rate Hours
Total Annual
Amount
Price Per Month(Total Annual Amount
/12)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
3. Evidence Tracking
System (ETS)Labor Title Hourly Rate Hours
Total Annual
Amount
Price Per Month(Total Annual Amount
/12)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
Total Preventative Maintenace Services‐ Electronic Fireground
Accountability System (EFAS)$ $
Total Preventative Maintenace Services‐ EBF‐4: Electronic Ride List $ $
Total Preventative Maintenace Services‐ Evidence Tracking System
(ETS)$ $
Attachment B‐ Price Proposal Form 37 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Labor Worksheet‐ Year 3
4. FGAP Dashboard Labor Title Hourly Rate HoursTotal Annual
Amount
Price Per Month(Total Annual Amount
/12)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
5. Handie Talkie Radio
ListLabor Title Hourly Rate Hours
Total Annual
Amount
Price Per Month(Total Annual Amount
/12)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
6. Spare Self
Contained Breathing
Apparatus Mask List
Labor Title Hourly Rate HoursTotal Annual
Amount
Price Per Month(Total Annual Amount
/12)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
Total Preventative Maintenace Services‐ FGAP Dashboard $ $
Total Preventative Maintenace Services‐ Handie Talkie Radio List $ $
$ $Total Preventative Maintenace Services‐ Spare Self Contained
Breathing Apparatus Mask List
Attachment B‐ Price Proposal Form 38 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Labor Worksheet‐ Year 3
7. Patient Tracking
SystemLabor Title Hourly Rate Hours
Total Annual
Amount
Price Per Month(Total Annual Amount
/12)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
II. FDNY Legacy Communications Systems
A. PCATS Labor Title Hourly Rate HoursTotal Annual
Amount
Price Per Month(Total Annual Amount
/12)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $
B. Starfire Labor Title Hourly Rate HoursTotal Annual
Amount
Price Per Month(Total Annual Amount
/12)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $
Total Preventative Maintenace Services‐ Patient Tracking System $ $
Total PCATS Preventative Maintenance Services
Total Starfire Preventative Maintenance Services
Attachment B‐ Price Proposal Form 39 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Labor Worksheet‐ Year 3
C. SRS Labor Title Hourly Rate HoursTotal Annual
Amount
Price Per Month(Total Annual Amount
/12)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $
D. Silent Hawk Labor Title Hourly Rate HoursTotal Annual
Amount
Price Per Month(Total Annual Amount
/12)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $
Total SRS Preventative Maintenance Services
Total Silent Hawk Preventative Maintenance Services
Attachment B‐ Price Proposal Form 40 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Price Schedule‐ Year 4
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
a. Call Box Repair 1250 $ $
b. Damaged Call Box Repair 300 $ $
c. Call Box Serial Number 1000 $ $
d. Call Box Coding 1000 $ $
e. Low Power Module (LPM) Installation 500 $ $
$
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
12 $ $
$
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
a. New ERS Call Boxes (1‐500) 500 $ $
b. New ERS Call Boxes (501‐1000) 500 $ $
$
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
1 $ $
$
$
Total‐ Part A.2
3. ERS/EMADS Optional Call Box Replacement
Total‐ Part A.3 (a + b)
4. ERS/EMADS Optional Call Box Decommisioning
ERS Call Box Decommissioning
Total‐ Part A.4
I. FDNY Communications Systems
A .ERS/EMADS
1. ERS/EMADS System Repair
Total‐ Part A.1 (a + b + c + d + e)
2. ERS/EMADS Preventative Maintenance
Monthly Preventative Maintenance
Total Part A‐ ERS/EMADS (1 + 2 + 3 + 4)
Attachment B‐ Price Proposal Form 41 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Price Schedule‐ Year 4
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
12 $ $
$
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
458 $ $
$
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
a. Auxiliary Station Cover Assembly 75 $ $
b.Auxiliary Station Cover Assembly‐
Housewatch 75 $ $
c.Console Auxiliary Station Terminal Box
Assembly 75 $ $
d. Wall Box Assembly 25 $ $
e. Battery Box Assembly 25 $ $
f. Battery Replacement 916 $ $
g. Battery Spares 100 $ $
h. Battery Test Sets 229 $ $
$
$
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
a. Monthly Preventative Maintenance 12 $ $
b. Optional Programming Services
i. Labor Title 240 $ $
$
Semi Annual Maintenance Periods
Total‐ Part B.2
3. Voice Alarm Optional Spare Parts and Equipment
Total‐ Part B.3 (a + b + c + d + e + f + g + h)
Total Part B‐ Voice Alarm (1 + 2 + 3)
C. Fireground Accountability Program
B. Voice Alarm System
1. Voice Alarm Repair and Maintenance
Monthly Preventative Maintenance
Total‐ Part B.1
2. Voice Alarm Battery Testing and Battery Test Sets
1. Electronic Fireground Accountability System (EFAS)
Total Part 1‐ Electronic Fireground Accountability System
Attachment B‐ Price Proposal Form 42 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Price Schedule‐ Year 4
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
a. Monthly Preventative Maintenance 12 $ $
b. Optional Programming Services
i. Labor Title 240 $ $
$
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
a. Monthly Preventative Maintenance 12 $ $
b. Optional Programming Services
i. Labor Title 240 $ $
$
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
a. Monthly Preventative Maintenance 12 $ $
b. Optional Programming Services
i. Labor Title 240 $ $
$
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
a. Monthly Preventative Maintenance 12 $ $
b. Optional Programming Services
i. Labor Title 240 $ $
$
4. FGAP Dashboard
Total Part 4‐ FGAP Dashboard
5. Handie Talkie Radio List
Total Part 5‐ Handie Talkie Radio List
2. EBF‐4: Electronic Ride List
Total Part 2‐ EBF‐4: Electronic Ride List
3. Evidence Tracking System (ETS)
Total Part 3‐ Evidence Tracking System (ETS)
Attachment B‐ Price Proposal Form 43 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Price Schedule‐ Year 4
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
a. Monthly Preventative Maintenance 12 $ $
b. Optional Programming Services
i. Labor Title 240 $ $
$
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
a. Monthly Preventative Maintenance 12 $ $
b. Optional Programming Services
i. Business Analyst 240 $ $
$
$
$
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
12 $ $
$
6. Spare Self Contained Breathing Apparatus Mask List
Total Part 6‐ Spare Self Contained Breathing Apparatus Mask List
PCATS Repair and Preventative Maintenance
Monthly Preventative Maintenance
Total‐ Part A‐ PCATS Repair and Preventative Maintenance
7. Patient Tracking System
Total Part 7‐ Patient Tracking System
Total Part C‐ Fireground Accountability Program (1 + 2 + 3 + 4 + 5 + 6 + 7)
Total Part I (A + B + C)
II. FDNY Legacy Communications Systems
A. PCATS
Attachment B‐ Price Proposal Form 44 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Price Schedule‐ Year 4
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
a. Monthly Preventative Maintenance 12 $ $
b. Starfire On‐Site Programming Services
i. Programmer/Analyst‐ Level II 6240 $ $
c.Starfire Optional On‐Site Programming
Services
i. Programmer/Analyst‐ Level II 1040 $ $
$
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
12 $ $
$
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
12 $ $
$
$
B. Starfire
Total‐ Part B‐ Starfire‐ (a + b + c)
Monthly Preventative Maintenance
Total‐ Part D‐ Silent Hawk
Total‐ Part II (A + B + C + D)
C. SRS
SRS Repair and Preventative Maintenance
Monthly Preventative Maintenance
Total‐ Part C‐ SRS
D. Silent Hawk
Silent Hawk Repair and Precentative Maintenance
Attachment B‐ Price Proposal Form 45 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Price Schedule‐ Year 4
FDNY Suggested Labor
TitleContractor Equivalent Labor Title
Estimated
Annual Hours
(A)
Fixed Hourly Rate
(B)
Total
(A) x (B) = (C)
(C)
Project Manager‐ Level
III 520 $ $
Communications/
Computer Specialist 2080 $ $
Programmer Analyst‐
Level II 2080 $ $
Lead Technician 2080 $ $
FDNY Suggested Labor
TitleContractor Equivalent Labor Title
Estimated
Annual Hours
(A)
Fixed Hourly Rate
(B)
Total
(A) x (B) = (C)
(C)
Project Manager‐ Level
III 520 $ $
Communications/
Computer Specialist 2080 $ $
Programmer Analyst‐
Level II 2080 $ $
Lead Technician 2080 $ $
$
$
$
III. Optional Related Communications, Operations, and IT Systems
A. Optional Related Communications, Operations, and IT System Preventative Maintenance and Repair Services
A. Optional Related Communications, Operations, and IT System Preventative Maintenance and Repair Services
Total‐ Part A. Optional Related Communications, Operations, and IT System Preventative Maintenance and
Repair Services $
B. Optional On Call Upgrade, Engineering Support Services, Programming and/or Technical Services
Total‐ Part B. Optional On Call Upgrade, Engineering Support Services, Programming and/or Technical Services
Total Part III‐ Optional Related Communications, Operations, and IT Systems‐ (A + B)
Attachment B‐ Price Proposal Form 46 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Price Schedule‐ Year 4
Annual Allowance
(A)
Markup (%)
(B)
Contractors Cost Factor
(1+ (B) in Points)
(C)
Total
(A) x (C) = (D)
(D)
Annual Optional On
Call Equipment $ 1,000,000.00 %
$
$
Annual Allowance
(A)
Markup (%)
(B)
Contractors Cost Factor
(1+ (B) in Points)
(C)
Total
(A) x (C) = (D)
(D)
Annual Allowance for
Subcontracted Services $ 1,000,000.00 %
$
$
$ 25,000.00
$
IV. Optional on‐call equipment, third party contract software, COTS products, spare parts, materials, computer hardware and
peripherals, and/or communications/telecommunications systems equipment
Total Part IV‐ Annual Optional On Call Equipment
V. Subcontracted Services
Total Part V‐ Subcontracted Services
VI. Reimbursable Expenses
Total‐ Year 1
Attachment B‐ Price Proposal Form 47 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Price Schedule‐ Year 4
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$ 25,000.00
$
I. FDNY Communications Systems
Total Part A‐ ERS/EMADS (1 + 2 + 3 + 4)
Total Part B‐ Voice Alarm (1 + 2 + 3)
Total Part C‐ Fireground Accountability Program (1 + 2 + 3 + 4 + 5 + 6 + 7)
Total Part I (A + B + C)
Summary Sheet
Total‐ Part II (A + B + C + D)
III. Optional Related Communications, Operations, and IT Systems
Total‐ Part A. Optional Related Communications, Operations, and IT System Preventative Maintenance and
Repair Services
Total‐ Part B. Optional On Call Upgrade, Engineering Support Services, Programming and/or Technical Services
II. FDNY Legacy Communications Systems
Total‐ Part A‐ PCATS Repair and Preventative Maintenance
Total‐ Part B‐ Starfire‐ (a + b + c)
Total‐ Part C‐ SRS
Total‐ Part D‐ Silent Hawk
VI. Reimbursable Expenses
Total
Submitted By:
Total Part III‐ Optional Related Communications, Operations, and IT Systems‐ (A + B)
IV. Optional on‐call equipment, third party contract software, COTS products, spare parts, materials,
computer hardware and peripherals, and/or communications/telecommunications systems equipment
V. Subcontracted Services
Signature Date
Company Name
Print Name Title
Attachment B‐ Price Proposal Form 48 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Labor Worksheet‐ Year 4
I. FDNY Communications Systems
A. ERS/EMADS Labor Title Hourly Rate HoursTotal Annual
Amount
Price Per Month(Total Annual Amount
/12)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $
B. Voice Alarm Labor Title Hourly Rate HoursTotal Annual
Amount
Price Per Month(Total Annual Amount
/12)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $
Instructions‐ This worksheet is to be used to calculate the price for month and total annual costs for
preventative maintenance services. Costs are to bebased on appropriate Contractor Supplied Labor Titles,
fixed hourly labor rate, and number of hours required. The calculated total number of hours, total price per
month, and total annual amount shall be listed on the price schedule.
Total ERS/EMADS Preventative Maintenance Services
Total Voice Alarm Preventative Maintenance Services
Attachment B‐ Price Proposal Form 49 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Labor Worksheet‐ Year 4
C. Fireground Accountability Program
1. Electronic
Fireground
Accountability System
(EFAS)
Labor Title Hourly Rate HoursTotal Annual
Amount
Price Per Month(Total Annual Amount
/12)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
2. EBF‐4: Electronic
Ride ListLabor Title Hourly Rate Hours
Total Annual
Amount
Price Per Month(Total Annual Amount
/12)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
3. Evidence Tracking
System (ETS)Labor Title Hourly Rate Hours
Total Annual
Amount
Price Per Month(Total Annual Amount
/12)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
Total Preventative Maintenace Services‐ Electronic Fireground
Accountability System (EFAS)$ $
Total Preventative Maintenace Services‐ EBF‐4: Electronic Ride List $ $
Total Preventative Maintenace Services‐ Evidence Tracking System
(ETS)$ $
Attachment B‐ Price Proposal Form 50 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Labor Worksheet‐ Year 4
4. FGAP Dashboard Labor Title Hourly Rate HoursTotal Annual
Amount
Price Per Month(Total Annual Amount
/12)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
5. Handie Talkie Radio
ListLabor Title Hourly Rate Hours
Total Annual
Amount
Price Per Month(Total Annual Amount
/12)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
6. Spare Self
Contained Breathing
Apparatus Mask List
Labor Title Hourly Rate HoursTotal Annual
Amount
Price Per Month(Total Annual Amount
/12)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
Total Preventative Maintenace Services‐ FGAP Dashboard $ $
Total Preventative Maintenace Services‐ Handie Talkie Radio List $ $
$ $Total Preventative Maintenace Services‐ Spare Self Contained
Breathing Apparatus Mask List
Attachment B‐ Price Proposal Form 51 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Labor Worksheet‐ Year 4
7. Patient Tracking
SystemLabor Title Hourly Rate Hours
Total Annual
Amount
Price Per Month(Total Annual Amount
/12)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
II. FDNY Legacy Communications Systems
A. PCATS Labor Title Hourly Rate HoursTotal Annual
Amount
Price Per Month(Total Annual Amount
/12)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $
B. Starfire Labor Title Hourly Rate HoursTotal Annual
Amount
Price Per Month(Total Annual Amount
/12)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $
Total Preventative Maintenace Services‐ Patient Tracking System $ $
Total PCATS Preventative Maintenance Services
Total Starfire Preventative Maintenance Services
Attachment B‐ Price Proposal Form 52 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Labor Worksheet‐ Year 4
C. SRS Labor Title Hourly Rate HoursTotal Annual
Amount
Price Per Month(Total Annual Amount
/12)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $
D. Silent Hawk Labor Title Hourly Rate HoursTotal Annual
Amount
Price Per Month(Total Annual Amount
/12)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $
Total SRS Preventative Maintenance Services
Total Silent Hawk Preventative Maintenance Services
Attachment B‐ Price Proposal Form 53 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Price Schedule‐ Year 5
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
a. Call Box Repair 1250 $ $
b. Damaged Call Box Repair 300 $ $
c. Call Box Serial Number 1000 $ $
d. Call Box Coding 1000 $ $
e. Low Power Module (LPM) Installation 500 $ $
$
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
12 $ $
$
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
a. New ERS Call Boxes (1‐500) 500 $ $
b. New ERS Call Boxes (501‐1000) 500 $ $
$
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
1 $ $
$
$
Total‐ Part A.2
3. ERS/EMADS Optional Call Box Replacement
Total‐ Part A.3 (a + b)
4. ERS/EMADS Optional Call Box Decommisioning
ERS Call Box Decommissioning
Total‐ Part A.4
I. FDNY Communications Systems
A .ERS/EMADS
1. ERS/EMADS System Repair
Total‐ Part A.1 (a + b + c + d + e)
2. ERS/EMADS Preventative Maintenance
Monthly Preventative Maintenance
Total Part A‐ ERS/EMADS (1 + 2 + 3 + 4)
Attachment B‐ Price Proposal Form 54 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Price Schedule‐ Year 5
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
12 $ $
$
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
458 $ $
$
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
a. Auxiliary Station Cover Assembly 75 $ $
b.Auxiliary Station Cover Assembly‐
Housewatch 75 $ $
c.Console Auxiliary Station Terminal Box
Assembly 75 $ $
d. Wall Box Assembly 25 $ $
e. Battery Box Assembly 25 $ $
f. Battery Replacement 916 $ $
g. Battery Spares 100 $ $
h. Battery Test Sets 229 $ $
$
$
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
a. Monthly Preventative Maintenance 12 $ $
b. Optional Programming Services
i. Labor Title 240 $ $
$
Semi Annual Maintenance Periods
Total‐ Part B.2
3. Voice Alarm Optional Spare Parts and Equipment
Total‐ Part B.3 (a + b + c + d + e + f + g + h)
Total Part B‐ Voice Alarm (1 + 2 + 3)
C. Fireground Accountability Program
B. Voice Alarm System
1. Voice Alarm Repair and Maintenance
Monthly Preventative Maintenance
Total‐ Part B.1
2. Voice Alarm Battery Testing and Battery Test Sets
1. Electronic Fireground Accountability System (EFAS)
Total Part 1‐ Electronic Fireground Accountability System
Attachment B‐ Price Proposal Form 55 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Price Schedule‐ Year 5
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
a. Monthly Preventative Maintenance 12 $ $
b. Optional Programming Services
i. Labor Title 240 $ $
$
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
a. Monthly Preventative Maintenance 12 $ $
b. Optional Programming Services
i. Labor Title 240 $ $
$
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
a. Monthly Preventative Maintenance 12 $ $
b. Optional Programming Services
i. Labor Title 240 $ $
$
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
a. Monthly Preventative Maintenance 12 $ $
b. Optional Programming Services
i. Labor Title 240 $ $
$
4. FGAP Dashboard
Total Part 4‐ FGAP Dashboard
5. Handie Talkie Radio List
Total Part 5‐ Handie Talkie Radio List
2. EBF‐4: Electronic Ride List
Total Part 2‐ EBF‐4: Electronic Ride List
3. Evidence Tracking System (ETS)
Total Part 3‐ Evidence Tracking System (ETS)
Attachment B‐ Price Proposal Form 56 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Price Schedule‐ Year 5
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
a. Monthly Preventative Maintenance 12 $ $
b. Optional Programming Services
i. Labor Title 240 $ $
$
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
a. Monthly Preventative Maintenance 12 $ $
b. Optional Programming Services
i. Business Analyst 240 $ $
$
$
$
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
12 $ $
$
6. Spare Self Contained Breathing Apparatus Mask List
Total Part 6‐ Spare Self Contained Breathing Apparatus Mask List
PCATS Repair and Preventative Maintenance
Monthly Preventative Maintenance
Total‐ Part A‐ PCATS Repair and Preventative Maintenance
7. Patient Tracking System
Total Part 7‐ Patient Tracking System
Total Part C‐ Fireground Accountability Program (1 + 2 + 3 + 4 + 5 + 6 + 7)
Total Part I (A + B + C)
II. FDNY Legacy Communications Systems
A. PCATS
Attachment B‐ Price Proposal Form 57 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Price Schedule‐ Year 5
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
a. Monthly Preventative Maintenance 12 $ $
b. Starfire On‐Site Programming Services
i. Programmer/Analyst‐ Level II 6240 $ $
c.Starfire Optional On‐Site Programming
Services
i. Programmer/Analyst‐ Level II 1040 $ $
$
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
12 $ $
$
Item
Estimated
Annual Quantity
(A)
Unit Price
(B)
Total
(A) x (B) = (C)
(C)
12 $ $
$
$
B. Starfire
Total‐ Part B‐ Starfire‐ (a + b + c)
Monthly Preventative Maintenance
Total‐ Part D‐ Silent Hawk
Total‐ Part II (A + B + C + D)
C. SRS
SRS Repair and Preventative Maintenance
Monthly Preventative Maintenance
Total‐ Part C‐ SRS
D. Silent Hawk
Silent Hawk Repair and Precentative Maintenance
Attachment B‐ Price Proposal Form 58 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Price Schedule‐ Year 5
FDNY Suggested Labor
TitleContractor Equivalent Labor Title
Estimated
Annual Hours
(A)
Fixed Hourly Rate
(B)
Total
(A) x (B) = (C)
(C)
Project Manager‐ Level
III 520 $ $
Communications/
Computer Specialist 2080 $ $
Programmer Analyst‐
Level II 2080 $ $
Lead Technician 2080 $ $
FDNY Suggested Labor
TitleContractor Equivalent Labor Title
Estimated
Annual Hours
(A)
Fixed Hourly Rate
(B)
Total
(A) x (B) = (C)
(C)
Project Manager‐ Level
III 520 $ $
Communications/
Computer Specialist 2080 $ $
Programmer Analyst‐
Level II 2080 $ $
Lead Technician 2080 $ $
$
$
$
III. Optional Related Communications, Operations, and IT Systems
A. Optional Related Communications, Operations, and IT System Preventative Maintenance and Repair Services
A. Optional Related Communications, Operations, and IT System Preventative Maintenance and Repair Services
Total‐ Part A. Optional Related Communications, Operations, and IT System Preventative Maintenance and
Repair Services $
B. Optional On Call Upgrade, Engineering Support Services, Programming and/or Technical Services
Total‐ Part B. Optional On Call Upgrade, Engineering Support Services, Programming and/or Technical Services
Total Part III‐ Optional Related Communications, Operations, and IT Systems‐ (A + B)
Attachment B‐ Price Proposal Form 59 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Price Schedule‐ Year 5
Annual Allowance
(A)
Markup (%)
(B)
Contractors Cost Factor
(1+ (B) in Points)
(C)
Total
(A) x (C) = (D)
(D)
Annual Optional On
Call Equipment $ 1,000,000.00 %
$
$
Annual Allowance
(A)
Markup (%)
(B)
Contractors Cost Factor
(1+ (B) in Points)
(C)
Total
(A) x (C) = (D)
(D)
Annual Allowance for
Subcontracted Services $ 1,000,000.00 %
$
$
$ 25,000.00
$
IV. Optional on‐call equipment, third party contract software, COTS products, spare parts, materials, computer hardware and
peripherals, and/or communications/telecommunications systems equipment
Total Part IV‐ Annual Optional On Call Equipment
V. Subcontracted Services
Total Part V‐ Subcontracted Services
VI. Reimbursable Expenses
Total‐ Year 1
Attachment B‐ Price Proposal Form 60 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Price Schedule‐ Year 5
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$ 25,000.00
$
I. FDNY Communications Systems
Total Part A‐ ERS/EMADS (1 + 2 + 3 + 4)
Total Part B‐ Voice Alarm (1 + 2 + 3)
Total Part C‐ Fireground Accountability Program (1 + 2 + 3 + 4 + 5 + 6 + 7)
Total Part I (A + B + C)
Summary Sheet
Total‐ Part II (A + B + C + D)
III. Optional Related Communications, Operations, and IT Systems
Total‐ Part A. Optional Related Communications, Operations, and IT System Preventative Maintenance and
Repair Services
Total‐ Part B. Optional On Call Upgrade, Engineering Support Services, Programming and/or Technical Services
II. FDNY Legacy Communications Systems
Total‐ Part A‐ PCATS Repair and Preventative Maintenance
Total‐ Part B‐ Starfire‐ (a + b + c)
Total‐ Part C‐ SRS
Total‐ Part D‐ Silent Hawk
VI. Reimbursable Expenses
Total
Submitted By:
Total Part III‐ Optional Related Communications, Operations, and IT Systems‐ (A + B)
IV. Optional on‐call equipment, third party contract software, COTS products, spare parts, materials,
computer hardware and peripherals, and/or communications/telecommunications systems equipment
V. Subcontracted Services
Signature Date
Company Name
Print Name Title
Attachment B‐ Price Proposal Form 61 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Labor Worksheet‐ Year 5
I. FDNY Communications Systems
A. ERS/EMADS Labor Title Hourly Rate HoursTotal Annual
Amount
Price Per Month(Total Annual Amount
/12)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $
B. Voice Alarm Labor Title Hourly Rate HoursTotal Annual
Amount
Price Per Month(Total Annual Amount
/12)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $
Instructions‐ This worksheet is to be used to calculate the price for month and total annual costs for
preventative maintenance services. Costs are to bebased on appropriate Contractor Supplied Labor Titles,
fixed hourly labor rate, and number of hours required. The calculated total number of hours, total price per
month, and total annual amount shall be listed on the price schedule.
Total ERS/EMADS Preventative Maintenance Services
Total Voice Alarm Preventative Maintenance Services
Attachment B‐ Price Proposal Form 62 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Labor Worksheet‐ Year 5
C. Fireground Accountability Program
1. Electronic
Fireground
Accountability System
(EFAS)
Labor Title Hourly Rate HoursTotal Annual
Amount
Price Per Month(Total Annual Amount
/12)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
2. EBF‐4: Electronic
Ride ListLabor Title Hourly Rate Hours
Total Annual
Amount
Price Per Month(Total Annual Amount
/12)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
3. Evidence Tracking
System (ETS)Labor Title Hourly Rate Hours
Total Annual
Amount
Price Per Month(Total Annual Amount
/12)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
Total Preventative Maintenace Services‐ Electronic Fireground
Accountability System (EFAS)$ $
Total Preventative Maintenace Services‐ EBF‐4: Electronic Ride List $ $
Total Preventative Maintenace Services‐ Evidence Tracking System
(ETS)$ $
Attachment B‐ Price Proposal Form 63 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Labor Worksheet‐ Year 5
4. FGAP Dashboard Labor Title Hourly Rate HoursTotal Annual
Amount
Price Per Month(Total Annual Amount
/12)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
5. Handie Talkie Radio
ListLabor Title Hourly Rate Hours
Total Annual
Amount
Price Per Month(Total Annual Amount
/12)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
6. Spare Self
Contained Breathing
Apparatus Mask List
Labor Title Hourly Rate HoursTotal Annual
Amount
Price Per Month(Total Annual Amount
/12)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
Total Preventative Maintenace Services‐ FGAP Dashboard $ $
Total Preventative Maintenace Services‐ Handie Talkie Radio List $ $
$ $Total Preventative Maintenace Services‐ Spare Self Contained
Breathing Apparatus Mask List
Attachment B‐ Price Proposal Form 64 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Labor Worksheet‐ Year 5
7. Patient Tracking
SystemLabor Title Hourly Rate Hours
Total Annual
Amount
Price Per Month(Total Annual Amount
/12)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
II. FDNY Legacy Communications Systems
A. PCATS Labor Title Hourly Rate HoursTotal Annual
Amount
Price Per Month(Total Annual Amount
/12)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $
B. Starfire Labor Title Hourly Rate HoursTotal Annual
Amount
Price Per Month(Total Annual Amount
/12)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $
Total Preventative Maintenace Services‐ Patient Tracking System $ $
Total PCATS Preventative Maintenance Services
Total Starfire Preventative Maintenance Services
Attachment B‐ Price Proposal Form 65 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Labor Worksheet‐ Year 5
C. SRS Labor Title Hourly Rate HoursTotal Annual
Amount
Price Per Month(Total Annual Amount
/12)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $
D. Silent Hawk Labor Title Hourly Rate HoursTotal Annual
Amount
Price Per Month(Total Annual Amount
/12)
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $ $
$ $
Total SRS Preventative Maintenance Services
Total Silent Hawk Preventative Maintenance Services
Attachment B‐ Price Proposal Form 66 of 67
Preventative Maintenance, Repair, Upgrade, and On‐Call Systems Integration Services for FDNY Communications Systems
Pin No. 057170000514
Summary
Year 1 $
Year 2 $
Year 3 $
Year 4 $
Year 5 $
Total Proposal Price $
General Note: All pricing sections must be completed by the proposer. The proposer shall calculate the Total Proposal
Price by calculating the sum of all sections of the Attachment B‐ Price Proposal Form (I+ II + III + IV + V + VI + VII) for all
five (5) years of the Attachment B‐ Price Proposal Form and enter it as the Total Proposal Price. No comments,
statements, or other markings shall be placed on thhe Attachment B‐ Price Proposal Form. Failure to fully complete
any section of the Attachment B‐ Price Proposal Form may result in a determination of non‐responsiveness in
accordance with Section 2‐07 of the Procurement Policy Board Rules.
The quantities and number of repairs, serivce hours, and variable items are estimates used for the purposes of this
price proposal only. The Fire Department does not guarantee a minimum quantity of work or dollar volue of award.
The prices contained herein shall remain fixed for the duration of the agreement.
Total
Signature Date
Submitted By:
Company Name
Print Name Title
Attachment B‐ Price Proposal Form 67 of 67
48
(This page is left intentionally blank)
49
ATTACHMENT C – ACKNOWLEDGEMENT OF ADDENDA
RFP TITLE: PREVENTATIVE MAINTENANCE, REPAIR, UPGRADE AND ON-CALL SYSTEMS
INTEGRATIONS SERVICES FOR FIRE DEPARTMENT COMMUNICATIONS
SYSTEMS
PIN NO.: 057170000514
INSTRUCTIONS: COMPLETE PART I, OR PART II WHICH EVER IS APPLICABLE
PART 1: LISTED BELOW ARE THE DATES OF ISSUE FOR EACH ADDENDUM RECEIVED IN
CONNECTION WITH THIS RFP.
ADDENDUM # 1
Dated
ADDENDUM # 2
Dated
ADDENDUM # 3
Dated
ADDENDUM # 4
Dated
ADDENDUM # 5
Dated
ADDENDUM # 6
Dated
ADDENDUM # 7
Dated
ADDENDUM # 8
Dated
ADDENDUM # 9
Dated
ADDENDUM # 10
Dated
PART II: NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS RFP.
NOTE: THE PROPOSER MUST SIGN AND COMPLETE THIS FORM
Company Name
Proposer Name
Proposer Signature
Title
Date
50
(This page left intentionally blank)
51
ATTACHMENT D – AFFIRMATION OF TAXES PAID
The undersigned proposer or bidder affirms and declares that said proposer or bidder is not in arrears to the
City of New York upon debt, contract or taxes and is not a defaulter, as surety or otherwise, upon obligation
to the City of New York, and has not been declared not responsible, or disqualified, by any agency of the
City of New York, nor is there any proceeding pending relating to the responsibility or qualification of the
proposer or bidder to receive public contract except _____________________________________________
______________________________________________________________________________________.
Full name of Proposer
Address
City State Zip Code
CHECK ONE BOX AND INCLUDE APPROPRIATE NUMBER:
Individual or Sole proprietorship*
SOCIAL SECURITY NUMBER
___ ___ ___ ___ ___ ___ ___ ___ ___ ___
Partnership, Joint Venture or other unincorporated organization
EMPLOYER IDENTIFICATION
___ ___ ___ ___ ___ ___ ___ ___ ___ ___
Corporation
EMPLOYER IDENTIFICATION
___ ___ ___ ___ ___ ___ ___ ___ ___ ___
By _______________________________________
Signature
_______________________________________
Title
If a corporation place seal here
Must be signed by an officer or duly authorized representative.
* Under the Federal Privacy Act the furnishing of Social Security Numbers by bidders on City contracts is voluntary. Failure to provide a
Social Security Number will not result in a bidder’s disqualification. Social Security Numbers will be used to identify bidders, proposers or
vendors to ensure their compliance with laws, to assist the City in enforcement of laws as well as to provide the City, a means of
identifying of business which seek City contracts.
52
(This page left intentionally blank)
53
ATTACHMENT E – DOING BUSINESS WITH THE CITY
ATTACHMENT E – DOING BUSINESS WITH THE CITY FORM
NOTICE TO VENDORS
Pursuant to Local Law 34 of 2007, amending the City's Campaign Finance Law, the City is required to establish a computerized database containing the names of any "person" that has "business dealings with the city" as such terms are defined in the Local Law. In order for the City to obtain necessary information to establish the required database, vendors responding to this solicitation are required to complete the attached Doing Business Data Form and return it with this bid. (If the responding vendor is a proposed joint venture, the entities that comprise the proposed joint venture must each complete a Data Form.) If the City determines that a vendor has failed to submit a Data Form or has submitted a Data Form that is not complete, the vendor will be notified by the agency and will be given four (4) calendar days from receipt of notification to cure the specified deficiencies and return a complete Data Form to the agency. Failure to do so will result in a determination that the bid is non-responsive. Receipt of notification is defined as the day notice is e-mailed or faxed (if the vendor has provided an e-mail address or fax number), or no later than five (5) days from the date of mailing or upon delivery, if delivered. Vendors who have previously contracted with the City of New York and have a current Data Form on file are exempt from this requirement.
The City of New York PIN: Mayor’s Office of Contract Services Fall 07 – Spring 08 version Doing Business Accountability Project
Doing Business Data Form – Contract Proposers
A Doing Business Data Form is to be completed by any vendor that submits a proposal for this contract (see Q&A sheet for more information). Please type or print in black ink, sign the last page, and return the complete Data Form, in a separate envelope, to the contracting agency along with your proposal. The submission of a Data Form that is not accurate and complete may result in appropriate sanctions. This Data Form requires information to be provided on your principal officers, owners and senior managers. The name, employer, and title of each person identified on the Data Form will be included in a public database of people who do business with the City of New York; no other information reported on this form will be disclosed to the public. This Data Form is separate from the City’s VENDEX requirements. General Instructions for Sections 2, 3, and 4:
Title: The actual office title held by the officer, owner, or manager. Employer (if not vendor): If the individual is not employed by the vendor, list his/her employer’s name. Certification:
Fill out the certification box on the last page completely, and return the completed Data Form, in a separate envelope, to the contracting agency along with your proposal. If you have questions, please contact the Doing Business Accountability Project at 212-788-8104 or [email protected]. Thank you for your cooperation. NOTE: Under the Federal Privacy Act the furnishing of Social Security Numbers is voluntary. Failure to provide an SSN will not result in any vendor’s disqualification. SSNs will not be disclosed to the public. SSNs will be used to: identify a vendor’s officers, owners and managers; assist the City in enforcement of Local Law 34 by ensuring that it is applied only to those individuals intended to be covered; and provide the City a means of identifying individuals whose names are not required to be listed in the Doing Business Database.
Section 1: Vendor Information Vendor Name:
Vendor EIN:
Vendor Filing Status (select one):
New Vendor/Full Data Form. Fill out the entire form.
Change from previous Data Form dated ____________. Fill out only those sections that have changed,
and indicate the name of the person(s) who no longer hold positions with the vendor.
No Change from previous Data Form dated ____________. Skip to the bottom of the last page.
Vendor Type: Corporation (any type) Partnership (any type) Sole Proprietor
Other (specify):
Vendor Address:
Vendor Main Phone #: Vendor is a Non-Profit: Yes No
Vendor Main E-mail:
For information or assistance, call the Doing Business Accountability Project at 212-788-8104.
Doing Business Data Form EIN: _________________________ Page 2 of 4
For information or assistance, call the Doing Business Accountability Project at 212-788-8104.
Section 2: Principal Officers
Please fill in the required identification information for each officer listed below. If the vendor has no such officer or its equivalent, please check the “Position does not exist” box. If the vendor is filing a Change Data Form and the person listed is replacing someone who was previously disclosed, please check the “The person above replaced” box and fill in the name of the person being replaced so his/her name can be removed from the Doing Business Database, and indicate the date that the change became effective. Chief Executive Officer (CEO) This position does not exist
The highest ranking officer or manager, such as the CEO, President or Executive Director; or, if those positions do not exist, the Chairperson of the Board.
Name:
Office Title: SSN:
Employer (if not vendor):
Birth date: Home phone #:
Home address:
The person above replaced: On date:
Chief Financial Officer (CFO) This position does not exist
The highest ranking financial officer, such as the CFO, Treasurer, Comptroller, Financial Director, or VP for Finance.
Name:
Office Title: SSN:
Employer (if not vendor):
Birth date: Home phone #:
Home address:
The person above replaced: On date:
Chief Operating Officer (COO) This position does not exist
The highest ranking operational officer, such as the COO, Chief Planning Officer, Director of Operations, or VP for Operations
Name:
Office Title: SSN:
Employer (if not vendor):
Birth date: Home phone #:
Home address:
The person above replaced: On date:
Doing Business Data Form EIN: _________________________ Page 3 of 4
For information or assistance, call the Doing Business Accountability Project at 212-788-8104.
Section 3: Principal Owners Please fill in the required identification information for all individuals who, through stock shares, partnership agreements or other means own or control 10% or more of the vendor. If no individual owners exist, please check the appropriate box below to indicate why, and skip to the next page. If the vendor is owned by other companies, those companies do not need to be listed. If the vendor is filing a Change Data Form, list any individuals who are no longer owners at the bottom of this page. If more space is needed, attach additional pages labeled “Additional Owners.”
There are no owners listed because (select one): The entity is not-for-profit There are no individual owners No owner holds 10% or more shares in the entity
Other (explain):
Principal Owners (who own or control 10% or more of the vendor): Name: SSN:
Employer (if not vendor):
Office Title: Birth date:
Home address:
Home phone #:
Name: SSN:
Employer (if not vendor):
Office Title: Birth date:
Home address:
Home phone #:
Name: SSN:
Employer (if not vendor):
Office Title: Birth date:
Home address:
Home phone #:
Remove the following previously-reported Principal Owners: Name: Removal date: ____________
Name: Removal date: ____________
Name: Removal date: ____________
To list more Principal Owners, please attach additional pages.
Doing Business Data Form EIN: _________________________ Page 4 of 4
For information or assistance, call the Doing Business Accountability Project at 212-788-8104.
Section 4: Senior Contract Managers Please fill in the required identification information for all senior managers who oversee any of the vendor’s contracts with the City. Senior managers include anyone who, either by title or duties, has substantial discretion over the solicitation, letting, or administration of any contract with the City. If a senior manager has been identified on a previous page, fill in his/her name and write “See above.” If the vendor is filing a Change Data Form, list any individuals who are no longer senior managers at the bottom of this section. If more space is needed, attach additional pages labeled “Additional Senior Managers.” Senior Contract Managers: Name: SSN:
Employer (if not vendor):
Office Title: Birth date:
Home address:
Home phone #:
Name: SSN:
Employer (if not vendor):
Office Title: Birth date:
Home address:
Home phone #:
Name: SSN:
Employer (if not vendor):
Office Title: Birth date:
Home address:
Home phone #:
Remove the following previously-reported Senior Contract Managers: Name: Removal date: ____________
Name: Removal date: ____________
Name: Removal date: ____________
To list more Senior Contract Managers, please attach additional pages.
I certify that the information submitted on these four pages and _____ additional pages is accurate and complete. I understand that willful or fraudulent submission of a materially false statement may result in the vendor being found non-responsible and therefore denied awards for future City contracts. Name:
Signature: Date:
Vendor name:
Title: Work phone #:
Return the completed Data Form, in a separate envelope, to the contracting agency along with your proposal.
54
(This page left intentionally blank)
55
ATTACHMENT F – ELECTRONIC FUNDS TRANSFER
ATTACHMENT F – ELECTRONIC FUNDS TRANSFER
A. In accordance with Section 6-107.1 of the New York City Administrative Code,
the Contractor agrees to accept payments under this Agreement from the City by electronic funds
transfer. An electronic funds transfer is any transfer of funds, other than a transaction originated
by check, draft or similar paper instrument, which is initiated through an electronic terminal,
telephonic instrument or computer or magnetic tape so as to order, instruct or authorize a
financial institution to debit or credit an account. Prior to the first payment made under this
Agreement, Contractor shall designate one financial institution or other authorized payment
agent and shall complete the attached “EFT Vendor Payment Enrollment Form” in order to
provide the Commissioner of Finance with information necessary for Contractor to receive
electronic funds transfer payments through the designated financial institution or authorized
payment agent. The crediting of the amount of a payment to the appropriate account on the
books of a financial institution or other authorized payment agent designated by the Contractor
shall constitute full satisfaction by the City for the amount of the payment under this agreement.
The account information supplied by the Contractor to facilitate the electronic funds transfer
shall remain confidential to the fullest extent provided by law.
B. The agency head may waive the application of the requirements herein to
payments on contracts entered into pursuant to §315 of the City Charter. In addition, the
Commissioner of the Department of Finance and the Comptroller may jointly issue standards
pursuant to which the contracting agency may waive the requirements hereunder for payments in
the following circumstances: (i) for individuals or classes of individuals for whom compliance
imposes a hardship; (ii) for classifications or types of checks; or (iii) in other circumstances as
may be necessary in the interest of the City.
F I N A N C ENEW � YORKTHE CITY OF NEW YORKDEPARTMENT OF FINANCEn y c . g o v / f i n a n c e
INSTRUCTIONS: Please complete all sections of this Enrollment Form and attach a voided check or a copy of an en-coded deposit slip that includes an imprinted vendorʼs name. See the reverse side for more information and instructions.
Mail to: NYC Department of Finance, Treasury Division, One Centre Street, Room 727, New York, NY 10007- Attention: EFT, or Fax to: EFT at 212-669-4656.
1. SOCIAL SECURITY NUMBER OR TAXPAYER ID NUMBER:(AS IT APPEARS ON W-9 FORM)
2. VENDOR NAME (AS IT APPEARS ON W-9 FORM):
3. VENDORʼS PRIMARY ADDRESS:
4. VENDORʼS EMAIL ADDRESS:
5. CONTACT PERSON NAME: CONTACT PERSON TELEPHONE NUMBER:
SECTION I - VENDOR INFORMATION
SECTION II - FINANCIAL INSTITUTION INFORMATION
CITY OF NEW YORK � DEPARTMENT OF FINANCE � TREASURY DIVISION
DIRECT DEPOSIT/ELECTRONIC FUNDS TRANSFER (EFT)VENDOR PAYMENT ENROLLMENT FORM
1. BANK ACCOUNT NUMBER: 2. ACCOUNT NAME:
3. BANK NAME :
4. BANK BRANCH ADDRESS:
5. ROUTING TRANSIT NUMBER: 6. ACCOUNT TYPE:(LOCATED AT THE BOTTOM (CHECK ONE)OF YOUR CHECK) � CHECKING � SAVINGS
7. DIRECT DEPOSIT/ACH/EFT COORDINATORʼS NAME: TELEPHONE NUMBER:
SECTION III - VENDOR SIGNATURE
______________________________________________ ____________________________________________ _____________________________VENDOR SIGNATURE PRINT NAME DATE
TREA-0913 Rev. 09/17/07
CITY OF NEW YORK � DEPARTMENT OF FINANCE � TREASURY DIVISION
DIRECT DEPOSIT/ELECTRONIC FUNDS TRANSFER (EFT)VENDOR PAYMENT ENROLLMENT FORM
GENERAL INSTRUCTIONSPlease complete all sections of the Direct Deposit EFT Enrollment Application and forwardthe completed application along with a voided check or a copy of an encoded deposit slip thatincludes an imprinted vendorʼs name to: NYC Department of Finance, Treasury Division,One Centre Street, Room 727, New York, NY 10007 - Attention: EFT, or Fax to: EFT at212-669-4656.
1. Enter the vendorʼs social security number or taxpayer ID number, the 9-digit num-ber reported on the W-9 form.
2. Provide the name of the vendor (as it appears on the W-9).3. Enter the vendorʼs complete address for EFT correspondence associated with this
account.4. Provide the vendorʼs E-mail address, if you have one.5. Indicate the name and telephone number of the vendorʼs contact person. (If you
are enrolling yourself individually, you are the contact person.)
1. Indicate the vendorʼs bank account number.2. Indicate the vendorʼs account name.3. Provide bankʼs name4. Provide the complete address of your bank.5. Indicate 9-digit routing (ABA) transit number (located at the bottom of your check).6. Indicate type of account: (Check one box only).7. List name and telephone number of your bankʼs Direct Deposit/EFT Coordinator.
Sign and date where indicated.
SECTION I - VENDOR INFORMATION
SECTION II - FINANCIAL INSTITUTION INFORMATION
SECTION III - VENDOR SIGNATURE
56
(This page left intentionally blank)
57
ATTACHMENT G- GENERAL PROVISIONS GOVERNING CONTRACTS FOR
CONSULTANTS, PROFESSIONAL, TECHNICAL, HUMAN, AND CLIENT
SERVICES
Appendix A August 2011 Final
i
APPENDIX A
GENERAL PROVISIONS GOVERNING CONTRACTS FOR
CONSULTANTS, PROFESSIONAL, TECHNICAL, HUMAN AND CLIENT SERVICES
TABLE OF CONTENTS
ARTICLE 1 - DEFINITIONS
Section 1.01 Definitions…………………………………………………………………………1
ARTICLE 2 - REPRESENTATIONS AND WARRANTIES
Section 2.01 Procurement of Agreement………………………………………………………2
Section 2.02 Conflicts of Interest……………………………………………………………….2
Section 2.03 Fair Practices……………………………………………………………………...4
Section 2.04 VENDEX…………………………………………………………………………..4
Section 2.05 Political Activity…………………………………………………………………...4
Section 2.06 Religious Activity……………………………………………………………….....5
Section 2.07 Unlawful Discriminatory Practices: City Admin. Code § 6-123………….……5
Section 2.08 Bankruptcy and Reorganization…………………………………………………5
ARTICLE 3 - ASSIGNMENT AND SUBCONTRACTING
Section 3.01 Assignment……………………………………………………………………...…5
Section 3.02 Subcontracting……………………………………………………….……………6
Appendix A August 2011 Final
ii
ARTICLE 4 - LABOR PROVISIONS
Section 4.01 Independent Contractor Status…………………………………………………..7
Section 4.02 Employees………………………………………………………………………….8
Section 4.03 Removal of Individuals Performing Work………………………………………8
Section 4.04 Minimum Wage…………………………………………………………………...8
Section 4.05 Non-Discrimination: New York State Labor Law § 220-e…………………..…9
Section 4.06 Non-Discrimination: City Admin. Code § 6-108……………….……………….9
Section 4.07 Non-Discrimination: E.O. 50 -- Equal Employment Opportunity…………...10
ARTICLE 5 - RECORDS, AUDITS, REPORTS, AND INVESTIGATIONS
Section 5.01 Books and Records………………………………………………………….…...12
Section 5.02 Retention of Records………………………………………………….....………12
Section 5.03 Inspection……………………………………………………………………..….12
Section 5.04 Audit……………………………………………………………………………...13
Section 5.05 No Removal of Records from Premises…………………………………...……13
Section 5.06 Electronic Records……………………………………………………...………..13
Section 5.07 Investigations Clause…………………………………………………………….14
Section 5.08 Confidentiality…………………………………………………...………………16
ARTICLE 6 - COPYRIGHTS, PATENTS, INVENTIONS AND ANTITRUST
Section 6.01 Copyrights………………………………………………………………………..18
Section 6.02 Patents and Inventions……………………………………………….………….19
Section 6.03 Pre-existing Rights……………………………………………………...………..19
Section 6.04 Antitrust…………………………………………………………...……………..19
Appendix A August 2011 Final
iii
ARTICLE 7 - INSURANCE
Section 7.01 Agreement to Insure……………………………………………….…………….19
Section 7.02 Commercial General Liability Insurance ………………………..……………19
Section 7.03 Professional Liability Insurance…….……………………………………...…..20
Section 7.04 Workers’ Compensation, Disability Benefits, and
Employer’s Liability Insurance ………………………...………..…...…….…20
Section 7.05 Unemployment Insurance ………………………………………………………20
Section 7.06 Business Automobile Liability Insurance……………………………………....21
Section 7.07 General Requirements for Insurance Coverage and Policies………………....21
Section 7.08 Proof of Insurance……………………………………….………………..……..21
Section 7.09 Miscellaneous …………………………………………………………….….…..22
ARTICLE 8 - PROTECTION OF PERSONS AND PROPERTY AND
INDEMNIFICATION
Section 8.01 Reasonable Precautions……………………………………………..….….……23
Section 8.02 Protection of City Property……………………………………….…….………24
Section 8.03 Indemnification ………………………………………………….……..……….24
Section 8.04 Infringement Indemnification ……………………………………….…………24
Section 8.05 Indemnification Obligations Not Limited By Insurance Obligation.….….….24
Section 8.06 Actions By or Against Third Parties………………………………….…….…..24
Section 8.07 Withholding of Payments…………………………………………...….…….…25
Section 8.08 No Third Party Rights…………………………………………………..…….…25
ARTICLE 9 - CONTRACT CHANGES
Section 9.01 Contract Changes……………………………………………………….…….…25
Appendix A August 2011 Final
iv
Section 9.02 Changes Through Fault of Contractor………………………….….….…….…26
ARTICLE 10 - TERMINATION, DEFAULT, AND REDUCTIONS IN FUNDING
Section 10.01 Termination by the City Without Cause………………………….….…..…...26
Section 10.02 Reductions in Federal, State and/or City Funding………...……………...….26
Section 10.03 Contractor Default …………………………………………………..………...27
Section 10.04 Force Majeure ………………………………………………………..………...29
Section 10.05 Procedures for Termination………………………………………………...…29
Section 10.06 Miscellaneous Provisions ……………………………………………………...30
ARTICLE 11 - PROMPT PAYMENT AND ELECTRONIC FUNDS TRANSFER
Section 11.01 Prompt Payment………………………………………………………….….....31
Section 11.02 Electronic Funds Transfer…………………………………………..………....31
ARTICLE 12 - CLAIMS
Section 12.01 Choice of Law…………………………………….………………………….....31
Section 12.02 Jurisdiction and Venue…………………………………………………..…….31
Section 12.03 Resolution of Disputes……………………………………………………...…..31
Section 12.04 Claims and Actions ………………………………………………………….…37
Section 12.05 No Claim Against Officers, Agents or Employees……………………...….…37
Section 12.06 General Release……………………………………………………………...…37
Section 12.07 No Waiver………………………………………………………..…………...…38
Appendix A August 2011 Final
v
ARTICLE 13 - APPLICABLE LAWS
Section 13.01 PPB Rules…………………………………………………………..…….…..…38
Section 13.02 All Legal Provisions Deemed Included…………………………..………..…..38
Section 13.03 Severability / Unlawful Provisions Deemed Stricken………..……..………...38
Section 13.04 Compliance With Laws………………………………………………...………38
Section 13.05 Americans with Disabilities Act (ADA)………………………………....….…38
Section 13.06 Voter Registration………………………………………………………..….…39
Section 13.07 Participation in an International Boycott……………………………….……41
Section 13.08 MacBride Principles………………………………………………………...….42
Section 13.09 Access to Public Health Insurance Coverage Information…………………..42
Section 13.10 Distribution of Personal Identification Materials………………..…………..43
ARTICLE 14 - MISCELLANEOUS PROVISIONS
Section 14.01 Conditions Precedent……...…………………………………………………...44
Section 14.02 Merger…………………...……………………………………….……………..44
Section 14.03 Headings………………..……………………………………………………….44
Section 14.04 Notice………………………………………………………..…………………..45
AFFIRMATION………………………………………………………...……………………...46
CERTIFICATION BY BROKER………………………………………...……………..…….47
Appendix A (Legal Services) August 2011 Final
Page 1 of 48
APPENDIX A
GENERAL PROVISIONS GOVERNING CONTRACTS FOR
CONSULTANTS, PROFESSIONAL, TECHNICAL, HUMAN AND CLIENT SERVICES
ARTICLE 1 - DEFINITIONS
Section 1.01 Definitions
The following words and expressions, or pronouns used in their stead, shall, wherever
they appear in this Agreement, be construed as follows, unless a different meaning is clear from
the context:
A. “Agency Chief Contracting Officer” or “ACCO” shall mean the position
delegated authority by the Agency Head to organize and supervise the procurement activity of
subordinate Agency staff in conjunction with the City Chief Procurement Officer.
B. “Agreement” shall mean the various documents, including this Appendix A, that
constitute the contract between the Contractor and the City.
C. “City” shall mean The City of New York.
D. “City Chief Procurement Officer” or “CCPO” shall mean the position delegated
authority by the Mayor to coordinate and oversee the procurement activity of Mayoral agency
staff, including the ACCOs.
E. “Commissioner” or “Agency Head” shall mean the head of the Department or his
or her duly authorized representative. The term “duly authorized representative” shall include
any person or persons acting within the limits of his or her authority.
F. “Comptroller” shall mean the Comptroller of the City of New York.
G. “Contractor” shall mean the entity entering into this Agreement with the
Department.
H. “Days” shall mean calendar days unless otherwise specifically noted to mean
business days.
I. “Department” or “Agency” shall mean the City agency that has entered into this
Agreement.
J. “Law” or “Laws” shall mean the New York City Charter (“Charter”), the New
York City Administrative Code (“Admin. Code”), a local rule of the City of New York, the
Constitutions of the United States and the State of New York, a statute of the United States or of
the State of New York and any ordinance, rule or regulation having the force of law and adopted
pursuant thereto, as amended, and common law.
Appendix A (Legal Services) August 2011 Final
Page 2 of 48
K. “Procurement Policy Board” or “PPB” shall mean the board established pursuant
to Charter § 311 whose function is to establish comprehensive and consistent procurement
policies and rules which have broad application throughout the City.
L. “PPB Rules” shall mean the rules of the Procurement Policy Board as set forth in
Title 9 of the Rules of the City of New York (“RCNY”), § 1-01 et seq.
M. “State” shall mean the State of New York.
ARTICLE 2 - REPRESENTATIONS
AND WARRANTIES
Section 2.01 Procurement of Agreement
A. The Contractor represents and warrants that no person or entity (other than an
officer, partner, or employee working solely for the Contractor) has been employed or retained to
solicit or secure this Agreement upon any agreement or understanding for a commission,
percentage, brokerage fee, contingent fee or any other direct or indirect compensation.
Notwithstanding the preceding sentence, the Contractor may retain consultants to draft
proposals, negotiate contracts, and perform other similar services. The Contractor further
represents and warrants that no payment, gift, or thing of value has been made, given, or
promised to obtain this or any other agreement between the parties. The Contractor makes such
representations and warranties to induce the City to enter into this Agreement and the City relies
upon such representations and warranties in the execution of this Agreement.
B. For any breach or violation of the representations and warranties set forth in
Paragraph A above, the Commissioner shall have the right to annul this Agreement without
liability, entitling the City to recover all monies paid to the Contractor; and the Contractor shall
not make claim for, or be entitled to recover, any sum or sums due under this Agreement. The
rights and remedies of the City provided in this Section are not exclusive and are in addition to
all other rights and remedies allowed by Law or under this Agreement.
Section 2.02 Conflicts of Interest
A. The Contractor represents and warrants that neither it nor any of its directors,
officers, members, partners or employees, has any interest nor shall they acquire any interest,
directly or indirectly, which conflicts in any manner or degree with the performance of this
Agreement. The Contractor further represents and warrants that no person having such interest
or possible interest shall be employed by or connected with the Contractor in the performance of
this Agreement.
B. Consistent with Charter § 2604 and other related provisions of the Charter, the
Admin. Code and the New York State Penal Law, no elected official or other officer or employee
of the City, nor any person whose salary is payable, in whole or in part, from the City Treasury,
shall participate in any decision relating to this Agreement which affects his or her personal
Appendix A (Legal Services) August 2011 Final
Page 3 of 48
interest or the interest of any corporation, partnership or other entity in which he or she is,
directly or indirectly, interested; nor shall any such official, officer, employee, or person have
any interest in, or in the proceeds of, this Agreement. This Paragraph B shall not prevent
directors, officers, members, partners, or employees of the Contractor from participating in
decisions relating to this Agreement where their sole personal interest is in the Contractor.
C. The Contractor shall not employ a person or permit a person to serve as a member
of the Board of Directors or as an officer of the Contractor if such employment or service would
violate Chapter 68 of the Charter.
[PARAGRAPHS D-H ARE APPLICABLE ONLY TO HUMAN OR CLIENT SERVICE
CONTRACTS.]
D. Except as provided in Paragraph E below, the Contractor’s employees and
members of their immediate families, as defined in Paragraph F below, may not serve on the
Board of Directors of the Contractor (“Board”), or any committee with authority to order
personnel actions affecting his or her job, or which, either by rule or by practice, regularly
nominates, recommends or screens candidates for employment in the program to be operated
pursuant to this Agreement.
E. If the Board has more than five (5) members, then Contractor’s employees and
members of their immediate families may serve on the Board, or any committee with authority to
order personnel actions affecting his or her job, or which, either by rule or by practice, regularly
nominates, recommends or screens candidates for employment in the program to be operated
pursuant to this Agreement, provided that (i) Contractor’s employees and members of their
immediate families are prohibited from voting on any such personnel matters, including but not
limited to any matters directly affecting their own salary or other compensation, and shall fully
disclose all conflicts and potential conflicts to the Board, and (ii) Contractor’s employees and
members of their immediate families may not serve in the capacity either of Chairperson or
Treasurer of the Board (or equivalent titles), nor constitute more than one-third of either the
Board or any such committee.
F. Without the prior written consent of the Commissioner, no person may hold a job
or position with the Contractor over which a member of his or her immediate family exercises
any supervisory, managerial or other authority whatsoever whether such authority is reflected in
a job title or otherwise, unless such job or position is wholly voluntary and unpaid. A member of
an immediate family includes: husband, wife, domestic partner, father, father-in-law, mother,
mother-in-law, brother, brother-in-law, sister, sister-in-law, son, son-in-law, daughter, daughter-
in-law, niece, nephew, aunt, uncle, first cousin, and separated spouse. Where a member of an
immediate family has that status because of that person’s relationship to a spouse (e.g., father-in-
law), that status shall also apply to a relative of a domestic partner. For purposes of this Section,
a member of the Board is deemed to exercise authority over all employees of the Contractor.
G. If the Contractor has contracts with the City that in the aggregate during any
twelve-month period have a value of more than One Million Dollars ($1,000,000) and such
amount constitutes more than fifty percent (50%) of the Contractor’s total revenues, then the
Contractor must have a minimum of five (5) persons on its Board.
Appendix A (Legal Services) August 2011 Final
Page 4 of 48
H. Paragraphs D-H of this Section 2.02 apply only if Contractor is a not-for-profit
corporation.
Section 2.03 Fair Practices
A. The Contractor and each person signing on its behalf certifies, under penalties of
perjury, that to the best of its, his or her knowledge and belief:
1. The prices and other material terms set forth in this Agreement have been
arrived at independently, without collusion, consultation, communication, or agreement
with any other bidder or proposer or with any competitor as to any matter relating to such
prices or terms for the purpose of restricting competition;
2. Unless otherwise required by Law or where a schedule of rates or prices is
uniformly established by a government agency through regulation, policy or directive, the
prices and other material terms set forth in this Agreement which have been quoted in
this Agreement and on the bid or proposal submitted by the Contractor have not been
knowingly disclosed by the Contractor, directly or indirectly, to any other bidder or
proposer or to any competitor prior to the bid or proposal opening; and
3. No attempt has been made or will be made by the Contractor to induce any
other person or entity to submit or not to submit a bid or proposal for the purpose of
restricting competition.
B. The fact that the Contractor (i) has published price lists, rates, or tariffs covering
items being procured, (ii) has informed prospective customers of proposed or pending
publication of new or revised price lists for such items, or (iii) has sold the same items to other
customers at the same prices and/or terms being bid or proposed, does not constitute, without
more, a disclosure within the meaning of this Section.
Section 2.04 VENDEX
The Contractor represents and warrants that it and its principals have duly executed and
filed all required VENDEX Questionnaires and, if applicable, Certificates of No Change,
pursuant to PPB Rule § 2-08 and in accordance with the policies and procedures of the Mayor’s
Office of Contract Services. The Contractor understands that the Department's reliance upon the
completeness and veracity of the information stated therein is a material condition to the
execution of this Agreement, and represents and warrants that the information it and its
principals have provided is accurate and complete.
Section 2.05 Political Activity
The Contractor’s provision of services under this Agreement shall not include any
partisan political activity or any activity to further the election or defeat of any candidate for
Appendix A (Legal Services) August 2011 Final
Page 5 of 48
public, political, or party office, nor shall any of the funds provided under this Agreement be
used for such purposes.
Section 2.06 Religious Activity
There shall be no religious worship, instruction or proselytizing as part of or in
connection with the Contractor’s provision of services under this Agreement, nor shall any of the
funds provided under this Agreement be used for such purposes.
Section 2.07 Unlawful Discriminatory Practices: Admin. Code § 6-123
As required by Admin. Code § 6-123, the Contractor will not engage in any unlawful
discriminatory practice as defined in and pursuant to the terms of Title 8 of the City
Administrative Code. The Contractor shall include a provision in any agreement with a first-
level subcontractor performing services under this Agreement for an amount in excess of Fifty
Thousand Dollars ($50,000) that such subcontractor shall not engage in any such unlawful
discriminatory practice.
Section 2.08 Bankruptcy and Reorganization
In the event that the Contractor files for bankruptcy or reorganization under Chapter
Seven or Chapter Eleven of the United States Bankruptcy Code, the Contractor shall disclose
such action to the Department within seven (7) days of filing.
ARTICLE 3 - ASSIGNMENT AND SUBCONTRACTING
Section 3.01 Assignment
A. The Contractor shall not assign, transfer, convey or otherwise dispose of this
Agreement, or the right to execute it, or the right, title or interest in or to it or any part of it, or
assign, by power of attorney or otherwise, any of the monies due or to become due under this
Agreement, without the prior written consent of the Commissioner. The giving of any such
consent to a particular assignment shall not dispense with the necessity of such consent to any
further or other assignments. Any such assignment, transfer, conveyance or other disposition
without such written consent shall be void.
B. Before entering into any such assignment, transfer, conveyance or other disposal
of this Agreement, the Contractor shall submit a written request for approval to the Department
giving the name and address of the proposed assignee. The proposed assignee’s VENDEX
questionnaire must be submitted within thirty (30) Days after the ACCO has granted preliminary
written approval of the proposed assignee, if required. Upon the request of the Department, the
Contractor shall provide any other information demonstrating that the proposed assignee has the
necessary facilities, skill, integrity, past experience and financial resources to perform the
specified services in accordance with the terms and conditions of this Agreement. The Agency
Appendix A (Legal Services) August 2011 Final
Page 6 of 48
shall make a final determination in writing approving or disapproving the assignee after
receiving all requested information.
C. Failure to obtain the prior written consent to such an assignment, transfer,
conveyance, or other disposition may result in the revocation and annulment of this Agreement,
at the option of the Commissioner. The City shall thereupon be relieved and discharged from
any further liability and obligation to the Contractor, its assignees, or transferees, who shall
forfeit all monies earned under this Agreement, except so much as may be necessary to pay the
Contractor’s employees.
D. The provisions of this Section shall not hinder, prevent, or affect an assignment
by the Contractor for the benefit of its creditors made pursuant to the Laws of the State.
E. This Agreement may be assigned, in whole or in part, by the City to any
corporation, agency, or instrumentality having authority to accept such assignment. The City
shall provide the Contractor with written notice of any such assignment.
Section 3.02 Subcontracting
A. The Contractor shall not enter into any subcontract for an amount greater than
Five Thousand Dollars ($5,000) for the performance of its obligations, in whole or in part, under
this Agreement without the prior approval by the Department of the subcontractor. The
Department hereby grants approval for all subcontracts for an amount that does not exceed Five
Thousand Dollars ($5,000). The Contractor must submit monthly reports to the Department
indicating all such subcontractors. All subcontracts must be in writing.
B. Prior to entering into any subcontract for an amount greater than Five Thousand
Dollars ($5,000), the Contractor shall submit a written request for the approval of the proposed
subcontractor to the Department giving the name and address of the proposed subcontractor and
the portion of the services that it is to perform and furnish. At the request of the Department, a
copy of the proposed subcontract shall be submitted to the Department. The proposed
subcontractor’s VENDEX Questionnaire must be submitted, if required, within thirty (30) Days
after the ACCO has granted preliminary approval of the proposed subcontractor. Upon the
request of the Department, the Contractor shall provide any other information demonstrating that
the proposed subcontractor has the necessary facilities, skill, integrity, past experience and
financial resources to perform the specified services in accordance with the terms and conditions
of this Agreement. The Agency shall make a final determination in writing approving or
disapproving the subcontractor after receiving all requested information. For proposed
subcontracts that do not exceed Twenty-five Thousand Dollars ($25,000), the Department’s
approval shall be deemed granted if the Department does not issue a written approval or
disapproval within forty-five (45) Days of the Department’s receipt of the written request for
approval or, if applicable, within forty-five (45) Days of the Department’s acknowledged receipt
of fully completed VENDEX Questionnaires for the subcontractor.
C. All subcontracts shall contain provisions specifying that:
Appendix A (Legal Services) August 2011 Final
Page 7 of 48
1. The work performed by the subcontractor must be in accordance with the
terms of the agreement between the City and the Contractor;
2. Nothing contained in the agreement between the Contractor and the
subcontractor shall impair the rights of the City;
3. Nothing contained in the agreement between the Contractor and the
subcontractor, or under the agreement between the City and the Contractor, shall create
any contractual relation between the subcontractor and the City; and
4. The subcontractor specifically agrees to be bound by Section 4.07 and
Article 5 of this Appendix A and specifically agrees that the City may enforce such
provisions directly against the subcontractor as if the City were a party to the subcontract.
D. The Contractor agrees that it is as fully responsible to the Department for the acts
and omissions of its subcontractors and of persons either directly or indirectly employed by such
subcontractors as it is for the acts and omissions of any person directly employed by it.
E. For determining the value of a subcontract, all subcontracts with the same
subcontractor shall be aggregated.
F. The Department may revoke the approval of a subcontractor granted or deemed
granted pursuant to Paragraphs (A) and (B) of this section if revocation is deemed to be in the
interest of the City in writing on no less than ten (10) Days notice unless a shorter period is
warranted by considerations of health, safety, integrity issues or other similar factors. Upon the
effective date of such revocation, the Contractor shall cause the subcontractor to cease all work
under the Agreement. The City shall not incur any further obligation for services performed by
such subcontractor pursuant to this Agreement beyond the effective date of the revocation. The
City shall pay for services provided by the subcontractor in accordance with this Agreement
prior to the effective date of revocation.
G. The Department’s approval of a subcontractor shall not relieve the Contractor of
any of its responsibilities, duties and liabilities under this Agreement. At the request of the
Department, the Contractor shall provide the Department a copy of any subcontract.
H. Individual employer-employee contracts are not subcontracts subject to the
requirements of this Section.
ARTICLE 4 - LABOR PROVISIONS
Section 4.01 Independent Contractor Status
The Contractor and the Department agree that the Contractor is an independent contractor
and not an employee of the Department or the City. Accordingly, neither the Contractor nor its
employees or agents will hold themselves out as, or claim to be, officers or employees of the
Appendix A (Legal Services) August 2011 Final
Page 8 of 48
City, or of any department, agency or unit of the City, by reason of this Agreement, and they will
not, by reason of this Agreement, make any claim, demand or application to or for any right or
benefit applicable to an officer or employee of the City, including, but not limited to, Workers’
Compensation coverage, Disability Benefits coverage, Unemployment Insurance benefits, Social
Security coverage or employee retirement membership or credit.
Section 4.02 Employees
All persons who are employed by the Contractor and all consultants or independent
contractors who are retained by the Contractor to perform services under this Agreement are
neither employees of the City nor under contract with the City. The Contractor, and not the City,
is responsible for their work, direction, compensation, and personal conduct while engaged under
this Agreement. Nothing in the Agreement shall impose any liability or duty on the City for the
acts, omissions, liabilities or obligations of the Contractor, or any officer, employee, or agent of
the Contractor, or for taxes of any nature, or for any right or benefit applicable to an officer or
employee of the City, including, but not limited to, Workers’ Compensation coverage, Disability
Benefits coverage, Unemployment Insurance benefits, Social Security coverage or employee
retirement membership or credit. Except as specifically stated in this Agreement, nothing in this
Agreement shall impose any liability or duty on the City to any person or entity.
Section 4.03 Removal of Individuals Performing Work
The Contractor shall not have anyone perform work under this Agreement who is not
competent, faithful and skilled in the work for which he or she shall be employed. Whenever the
Commissioner shall inform the Contractor, in writing, that any individual is, in his or her
opinion, incompetent, unfaithful, or unskilled, such individual shall no longer perform work
under this Agreement. Prior to making a determination to direct a Contractor that an individual
shall no longer perform work under this Agreement, the Commissioner shall provide the
Contractor an opportunity to be heard on no less than five (5) Days’ written notice. The
Commissioner may direct the Contractor not to allow the individual from performing work under
the Agreement pending the opportunity to be heard and the Commissioner’s determination.
Section 4.04 Minimum Wage
Except for those employees whose minimum wage is required to be fixed pursuant to
Sections 220 or 230 of the New York State Labor Law or by City Administrative Code § 6-109,
all persons employed by the Contractor in the performance of this Agreement shall be paid,
without subsequent deduction or rebate, unless expressly authorized by Law, not less than the
minimum wage as prescribed by Law. Any breach of this Section shall be deemed a material
breach of this Agreement.
Appendix A (Legal Services) August 2011 Final
Page 9 of 48
Section 4.05 Non-Discrimination: New York State Labor Law § 220-e
A. If this Agreement is for the construction, alteration or repair of any public
building or public work or for the manufacture, sale, or distribution of materials, equipment, or
supplies, the Contractor agrees, as required by New York State Labor Law § 220-e, that:
1. In the hiring of employees for the performance of work under this
Agreement or any subcontract hereunder, neither the Contractor, subcontractor, nor any
person acting on behalf of such Contractor or subcontractor, shall by reason of race,
creed, color, disability, sex or national origin discriminate against any citizen of the State
of New York who is qualified and available to perform the work to which the
employment relates;
2. Neither the Contractor, subcontractor, nor any person on his or her behalf
shall, in any manner, discriminate against or intimidate any employee hired for the
performance of work under this Agreement on account of race, creed, color, disability,
sex or national origin;
3. There may be deducted from the amount payable to the Contractor by the
City under this Agreement a penalty of Fifty Dollars ($50) for each person for each
calendar day during which such person was discriminated against or intimidated in
violation of the provisions of this Agreement; and
4. This Agreement may be terminated by the City, and all monies due or to
become due hereunder may be forfeited, for a second or any subsequent violation of the
terms or conditions of this Section.
B. The provisions of this Section shall be limited to operations performed within the
territorial limits of the State of New York.
Section 4.06 Non-Discrimination: Admin. Code § 6-108
If this Agreement is for the construction, alteration or repair of buildings or the
construction or repair of streets or highways, or for the manufacture, sale, or distribution of
materials, equipment or supplies, the Contractor agrees, as required by New York City
Administrative Code § 6-108, that:
A. It shall be unlawful for any person engaged in the construction, alteration or repair
of buildings or engaged in the construction or repair of streets or highways pursuant to a contract
with the City or engaged in the manufacture, sale or distribution of materials, equipment or
supplies pursuant to a contract with the City to refuse to employ or to refuse to continue in any
employment any person on account of the race, color or creed of such person.
B. It shall be unlawful for any person or any servant, agent or employee of any
person, described in Paragraph A above, to ask, indicate or transmit, orally or in writing, directly
Appendix A (Legal Services) August 2011 Final
Page 10 of 48
or indirectly, the race, color, creed or religious affiliation of any person employed or seeking
employment from such person, firm or corporation.
C. Breach of the foregoing provisions shall be deemed a breach of a material
provision of this Agreement.
D. Any person, or the employee, manager or owner of or officer of such firm or
corporation who shall violate any of the provisions of this Section shall, upon conviction thereof,
be punished by a fine of not more than One Hundred Dollars ($100) or by imprisonment for not
more than thirty (30) Days, or both.
Section 4.07 Non-Discrimination: E.O. 50 -- Equal Employment Opportunity
A. This Agreement is subject to the requirements of City Executive Order No. 50
(1980) (“E.O. 50”), as revised, and the rules set forth at 66 RCNY § 10-01 et seq. No agreement
will be awarded unless and until these requirements have been complied with in their entirety.
The Contractor agrees that it:
1. Will not discriminate unlawfully against any employee or applicant for
employment because of race, creed, color, national origin, sex, age, disability, marital
status, sexual orientation or citizenship status with respect to all employment decisions
including, but not limited to, recruitment, hiring, upgrading, demotion, downgrading,
transfer, training, rates of pay or other forms of compensation, layoff, termination, and all
other terms and conditions of employment;
2. Will not discriminate unlawfully in the selection of subcontractors on the
basis of the owners’, partners’ or shareholders’ race, color, creed, national origin, sex,
age, disability, marital status, sexual orientation, or citizenship status;
3. Will state in all solicitations or advertisements for employees placed by or
on behalf of the Contractor that all qualified applicants will receive consideration for
employment without unlawful discrimination based on race, color, creed, national origin,
sex, age, disability, marital status, sexual orientation or citizenship status, and that it is an
equal employment opportunity employer;
4. Will send to each labor organization or representative of workers with
which it has a collective bargaining agreement or other contract or memorandum of
understanding, written notification of its equal employment opportunity commitments
under E.O. 50 and the rules and regulations promulgated thereunder;
5. Will furnish before this Agreement is awarded all information and reports
including an Employment Report which are required by E.O. 50, the rules and regulations
promulgated thereunder, and orders of the City Department of Small Business Services,
Division of Labor Services (“DLS”); and
Appendix A (Legal Services) August 2011 Final
Page 11 of 48
6. Will permit DLS to have access to all relevant books, records, and
accounts for the purposes of investigation to ascertain compliance with such rules,
regulations, and orders.
B. The Contractor understands that in the event of its noncompliance with the
nondiscrimination clauses of this Agreement or with any of such rules, regulations, or orders,
such noncompliance shall constitute a material breach of this Agreement and noncompliance
with E.O. 50 and the rules and regulations promulgated thereunder. After a hearing held
pursuant to the rules of DLS, the Director of DLS may direct the Commissioner to impose any or
all of the following sanctions:
1. Disapproval of the Contractor; and/or
2. Suspension or termination of the Agreement; and/or
3. Declaring the Contractor in default; and/or
4. In lieu of any of the foregoing sanctions, imposition of an employment
program.
C. Failure to comply with E.O. 50 and the rules and regulations promulgated
thereunder in one or more instances may result in the Department declaring the Contractor to be
non-responsible.
D. The Contractor agrees to include the provisions of the foregoing Paragraphs in
every subcontract or purchase order in excess of One Hundred Thousand Dollars ($100,000) to
which it becomes a party unless exempted by E.O. 50 and the rules and regulations promulgated
thereunder, so that such provisions will be binding upon each subcontractor or vendor. The
Contractor will take such action with respect to any subcontract or purchase order as may be
directed by the Director of DLS as a means of enforcing such provisions including sanctions for
noncompliance. A supplier of unfinished products to the Contractor needed to produce the item
contracted for shall not be considered a subcontractor or vendor for purposes of this Paragraph.
E. The Contractor further agrees that it will refrain from entering into any
subcontract or modification thereof subject to E.O. 50 and the rules and regulations promulgated
thereunder with a subcontractor who is not in compliance with the requirements of E.O. 50 and
the rules and regulations promulgated thereunder. A supplier of unfinished products to the
Contractor needed to produce the item contracted for shall not be considered a subcontractor for
purposes of this Paragraph.
F. Nothing contained in this Section shall be construed to bar any religious or
denominational institution or organization, or any organization operated for charitable or
educational purposes, that is operated, supervised or controlled by or in connection with a
religious organization, from lawfully limiting employment or lawfully giving preference to
persons of the same religion or denomination or from lawfully making such selection as is
calculated by such organization to promote the religious principles for which it is established or
maintained.
Appendix A (Legal Services) August 2011 Final
Page 12 of 48
ARTICLE 5 - RECORDS,
AUDITS, REPORTS, AND INVESTIGATIONS
Section 5.01 Books and Records
The Contractor agrees to maintain separate and accurate books, records, documents and
other evidence, and to utilize appropriate accounting procedures and practices, which sufficiently
and properly reflect all direct and indirect costs of any nature expended in the performance of
this Agreement.
Section 5.02 Retention of Records
The Contractor agrees to retain all books, records, and other documents relevant to this
Agreement, including those required pursuant to Section 5.01, for six years after the final
payment or expiration or termination of this Agreement, or for a period otherwise prescribed by
Law, whichever is later. In addition, if any litigation, claim, or audit concerning this Agreement
has commenced before the expiration of the six-year period, the records must be retained until
the completion of such litigation, claim, or audit. Any books, records and other documents that
are created in an electronic format in the regular course of business may be retained in an
electronic format. Any books, records, and other documents that are created in the regular
course of business as a paper copy may be retained in an electronic format provided that the
records satisfy the requirements of New York Civil Practice Law and Rules (“CPLR”) 4539(b),
including the requirement that the reproduction is created in a manner “which does not permit
additions, deletions, or changes without leaving a record of such additions, deletions, or
changes.” Furthermore, the Contractor agrees to waive any objection to the admissibility of any
such books, records or other documents on the grounds that such documents do not satisfy CPLR
4539(b).
Section 5.03 Inspection
A. At any time during the Agreement or during the record retention period set forth
in Section 5.02, the City, including the Department and the Department’s Office of the Inspector
General, as well as City, State and federal auditors and any other persons duly authorized by the
City shall, upon reasonable notice, have full access to and the right to examine and copy all
books, records, and other documents maintained or retained by or on behalf of the Contractor
pursuant to this Article. Notwithstanding any provision herein regarding notice of inspection, all
books, records and other documents of the Contractor kept pursuant to this Agreement shall be
subject to immediate inspection, review, and copying by the Department’s Office of the
Inspector General and/or the Comptroller without prior notice and at no additional cost to the
City. The Contractor shall make such books, records and other documents available for
inspection in the City of New York or shall reimburse the City for expenses associated with the
out-of-City inspection. Notwithstanding the above, where the Contractor maintains or creates
client records with a unique identifier for a client, the Contractor may redact or maintain in
separate records the names, addresses, social security numbers, and other personally identifying
information before providing access pursuant to this Section, provided that the Contractor not
Appendix A (Legal Services) August 2011 Final
Page 13 of 48
redact client borough and zip code. If the Contractor maintains and provides access to such
redacted or uniquely identified records, the Contractor is not obligated to provide access to any
records pursuant to this Section where the inspection or review of such records would waive the
attorney-client or attorney work product privileges. In addition, Contractor may, upon request to
and written approval from the Department, withhold from disclosure certain categories of
documents that are not protected by the attorney-client or attorney work product privileges but
where Contractor believes that disclosure of such documents would interfere or impair the
provision of services under this Agreement, provided that withholding such documents does not
impede the ability of the Department to ascertain that contracted-for services have been rendered
in accordance with this Agreement.
B. The Department shall have the right to have representatives of the Department or
of the City, State or federal government present to observe the services being performed.
Notwithstanding the above, the Contractor is not obligated to allow observations of face-to-face
client interactions where such access would waive the attorney-client privilege but such
restriction shall not act to prevent government representatives from inspecting the provision of
services in a manner that allows the representatives to ensure that services are being properly
performed in accordance with this Agreement.
C. The Contractor shall not be entitled to final payment until the Contractor has
complied with any request for inspection or access given under this Section.
Section 5.04 Audit
A. This Agreement and all books, records, documents, and other evidence required to
be maintained or retained pursuant to this Agreement, including all vouchers or invoices
presented for payment and the books, records, and other documents upon which such vouchers or
invoices are based (e.g., reports, cancelled checks, accounts, and all other similar material), are
subject to audit by (i) the City, including the Comptroller, the Department, and the Department’s
Office of the Inspector General, (ii) the State, (iii) the federal government, and (iv) other persons
duly authorized by the City. Such audits may include examination and review of the source and
application of all funds whether from the City, the State, the federal government, private sources
or otherwise. Notwithstanding the above, where the Contractor maintains or creates client
records with a unique identifier for a client, the Contractor may redact or maintain in separate
records the names, addresses, social security numbers, and other personally identifying
information before providing access pursuant to this Section, provided that the Contractor not
redact client borough and zip code. If the Contractor maintains and provides access to such
redacted or uniquely identified records, the Contractor is not obligated to provide access to any
records pursuant to this Section where the inspection or review of such records would waive the
attorney-client or attorney work product privileges. In addition, Contractor may, upon request to
and written approval from the Department, withhold from disclosure certain categories of
documents that are not protected by the attorney-client or attorney work product privileges but
where Contractor believes that disclosure of such documents would interfere or impair the
provision of services under this Agreement, provided that withholding such documents does not
impede the ability of the Department to ascertain that contracted-for services have been rendered
in accordance with this Agreement.
Appendix A (Legal Services) August 2011 Final
Page 14 of 48
B. Audits by the City, including the Comptroller, the Department, and the
Department’s Office of the Inspector General, are performed pursuant to the powers and
responsibilities conferred by the Charter and the Admin. Code, as well as all orders, rules, and
regulations promulgated pursuant to the Charter and Admin. Code.
C. The Contractor shall submit any and all documentation and justification in
support of expenditures or fees under this Agreement as may be required by the Department and
by the Comptroller in the exercise of his/her powers under Law.
D. The Contractor shall not be entitled to final payment until the Contractor has
complied with the requirements of this Section.
Section 5.05 No Removal of Records from Premises
Where performance of this Agreement involves use by the Contractor of any City books,
records, documents, or data (in hard copy, or electronic or other format now known or developed
in the future) at City facilities or offices, the Contractor shall not remove any such data (in the
format in which it originally existed, or in any other converted or derived format) from such
facility or office without the prior written approval of the Department’s designated official.
Upon the request by the Department at any time during the Agreement or after the Agreement
has expired or terminated, the Contractor shall return to the Department any City books, records,
documents, or data that has been removed from City premises.
Section 5.06 Electronic Records
As used in this Appendix A, the terms books, records, documents, and other data refer to
electronic versions as well as hard copy versions.
Section 5.07 Investigations Clause
A. The Contractor agrees to cooperate fully and faithfully with any investigation,
audit or inquiry conducted by a State or City agency or authority that is empowered directly or
by designation to compel the attendance of witnesses and to examine witnesses under oath, or
conducted by the Inspector General of a governmental agency that is a party in interest to the
transaction, submitted bid, submitted proposal, contract, lease, permit, or license that is the
subject of the investigation, audit or inquiry.
B. 1. If any person who has been advised that his or her statement, and any
information from such statement, will not be used against him or her in any subsequent
criminal proceeding refuses to testify before a grand jury or other governmental agency
or authority empowered directly or by designation to compel the attendance of witnesses
and to examine witnesses under oath concerning the award of or performance under any
transaction, agreement, lease, permit, contract, or license entered into with the City, or
State, or any political subdivision or public authority thereof, or the Port Authority of
Appendix A (Legal Services) August 2011 Final
Page 15 of 48
New York and New Jersey, or any local development corporation within the City, or any
public benefit corporation organized under the Laws of the State, or;
2. If any person refuses to testify for a reason other than the assertion of his
or her privilege against self-incrimination in an investigation, audit or inquiry conducted
by a City or State governmental agency or authority empowered directly or by
designation to compel the attendance of witnesses and to take testimony under oath, or by
the Inspector General of the governmental agency that is a party in interest in, and is
seeking testimony concerning the award of, or performance under, any transaction,
agreement, lease, permit, contract, or license entered into with the City, the State, or any
political subdivision thereof or any local development corporation within the City, then;
C. 1. The Commissioner or Agency Head whose agency is a party in interest to
the transaction, submitted bid, submitted proposal, contract, lease, permit, or license shall
convene a hearing, upon not less than five (5) Days written notice to the parties involved
to determine if any penalties should attach for the failure of a person to testify.
2. If any non-governmental party to the hearing requests an adjournment, the
Commissioner or Agency Head who convened the hearing may, upon granting the
adjournment, suspend any contract, lease, permit, or license pending the final
determination pursuant to Paragraph E below without the City incurring any penalty or
damages for delay or otherwise.
D. The penalties that may attach after a final determination by the Commissioner or
Agency Head may include but shall not exceed:
1. The disqualification for a period not to exceed five (5) years from the date of
an adverse determination for any person, or any entity of which such person was a
member at the time the testimony was sought, from submitting bids for, or transacting
business with, or entering into or obtaining any contract, lease, permit or license with or
from the City; and/or
2. The cancellation or termination of any and all such existing City contracts,
leases, permits or licenses that the refusal to testify concerns and that have not been
assigned as permitted under this Agreement, nor the proceeds of which pledged, to an
unaffiliated and unrelated institutional lender for fair value prior to the issuance of the
notice scheduling the hearing, without the City incurring any penalty or damages on
account of such cancellation or termination; monies lawfully due for goods delivered,
work done, rentals, or fees accrued prior to the cancellation or termination shall be paid
by the City.
E. The Commissioner or Agency Head shall consider and address in reaching his or
her determination and in assessing an appropriate penalty the factors in Paragraphs (1) and (2)
below. He or she may also consider, if relevant and appropriate, the criteria established in
Paragraphs (3) and (4) below, in addition to any other information that may be relevant and
appropriate:
Appendix A (Legal Services) August 2011 Final
Page 16 of 48
1. The party’s good faith endeavors or lack thereof to cooperate fully and
faithfully with any governmental investigation or audit, including but not limited to the
discipline, discharge, or disassociation of any person failing to testify, the production of
accurate and complete books and records, and the forthcoming testimony of all other
members, agents, assignees or fiduciaries whose testimony is sought.
2. The relationship of the person who refused to testify to any entity that is a
party to the hearing, including, but not limited to, whether the person whose testimony is
sought has an ownership interest in the entity and/or the degree of authority and
responsibility the person has within the entity.
3. The nexus of the testimony sought to the subject entity and its contracts,
leases, permits or licenses with the City.
4. The effect a penalty may have on an unaffiliated and unrelated party or
entity that has a significant interest in an entity subject to penalties under Paragraph D
above, provided that the party or entity has given actual notice to the Commissioner or
Agency Head upon the acquisition of the interest, or at the hearing called for in Paragraph
(C)(1) above gives notice and proves that such interest was previously acquired. Under
either circumstance, the party or entity must present evidence at the hearing
demonstrating the potential adverse impact a penalty will have on such person or entity.
F. Definitions
1. The term “license” or “permit” as used in this Section shall be defined as a
license, permit, franchise, or concession not granted as a matter of right.
2. The term “person” as used in this Section shall be defined as any natural
person doing business alone or associated with another person or entity as a partner,
director, officer, principal or employee.
3. The term “entity” as used in this Section shall be defined as any firm,
partnership, corporation, association, or person that receives monies, benefits, licenses,
leases, or permits from or through the City, or otherwise transacts business with the City.
4. The term “member” as used in this Section shall be defined as any person
associated with another person or entity as a partner, director, officer, principal, or
employee.
G. In addition to and notwithstanding any other provision of this Agreement, the
Commissioner or Agency Head may in his or her sole discretion terminate this Agreement upon
not less than three (3) Days written notice in the event the Contractor fails to promptly report in
writing to the City Commissioner of Investigation any solicitation of money, goods, requests for
future employment or other benefits or thing of value, by or on behalf of any employee of the
City or other person or entity for any purpose that may be related to the procurement or obtaining
of this Agreement by the Contractor, or affecting the performance of this Agreement.
Appendix A (Legal Services) August 2011 Final
Page 17 of 48
Section 5.08 Confidentiality
A. The Contractor agrees to hold confidential, both during and after the completion
or termination of this Agreement, all of the reports, information, or data, furnished to, or
prepared, assembled or used by, the Contractor under this Agreement. The Contractor agrees
that such reports, information, or data shall not be made available to any person or entity without
the prior written approval of the Department. The Contractor agrees to maintain the
confidentiality of such reports, information, or data by using a reasonable degree of care, and
using at least the same degree of care that the Contractor uses to preserve the confidentiality of
its own confidential information. In the event that the data contains social security numbers or
other Personal Identifying Information, as such term is defined in Paragraph B of this Section,
the Contractor shall utilize best practice methods (e.g., encryption of electronic records) to
protect the confidentiality of such data. The obligation under this Section to hold reports,
information or data confidential shall not apply where the City would be required to disclose
such reports, information or data pursuant to the State Freedom of Information Law (“FOIL”),
provided that the Contractor provides advance notice to the City, in writing or by e-mail, that it
intends to disclose such reports, information or data and the City does not inform the contractor,
in writing or by e-mail, that such reports, information, or data are not subject to disclosure under
FOIL.
B. The Contractor shall provide notice to the Department within three (3) days of the
discovery by the Contractor of any breach of security, as defined in Admin. Code § 10-501(b), of
any data, encrypted or otherwise, in use by the Contractor that contains social security numbers
or other personal identifying information as defined in Admin. Code § 10-501 (“Personal
Identifying Information”), where such breach of security arises out of the acts or omissions of the
Contractor or its employees, subcontractors, or agents. Upon the discovery of such security
breach, the Contractor shall take reasonable steps to remediate the cause or causes of such
breach, and shall provide notice to the Department of such steps. In the event of such breach of
security, without limiting any other right of the City, the City shall have the right to withhold
further payments under this Agreement for the purpose of set-off in sufficient sums to cover the
costs of notifications and/or other actions mandated by any Law, or administrative or judicial
order, to address the breach, and including any fines or disallowances imposed by the State or
federal government as a result of the disclosure. The City shall also have the right to withhold
further payments hereunder for the purpose of set-off in sufficient sums to cover the costs of
credit monitoring services for the victims of such a breach of security by a national credit
reporting agency, and/or any other commercially reasonable preventive measure. The
Department shall provide the Contractor with written notice and an opportunity to comment on
such measures prior to implementation. Alternatively, at the City’s discretion, or if monies
remaining to be earned or paid under this Agreement are insufficient to cover the costs detailed
above, the Contractor shall pay directly for the costs, detailed above, if any.
C. The Contractor shall restrict access to confidential information to persons who
have a legitimate work related purpose to access such information. The Contractor agrees that it
will instruct its officers, employees, and agents to maintain the confidentiality of any and all
information required to be kept confidential by this Agreement.
Appendix A (Legal Services) August 2011 Final
Page 18 of 48
D. The Contractor, and its officers, employees, and agents shall notify the
Department, at any time either during or after completion or termination of this Agreement, of
any intended statement to the press or any intended issuing of any material for publication in any
media of communication (print, news, television, radio, Internet, etc.) regarding the services
provided or the data collected pursuant to this Agreement at least twenty-four (24) hours prior to
any statement to the press or at least five (5) business Days prior to the submission of the
material for publication, or such shorter periods as are reasonable under the circumstances. The
Contractor may not issue any statement or submit any material for publication that includes
confidential information as prohibited by this Section 5.08.
E. At the request of the Department, the Contractor shall return to the Department
any and all confidential information in the possession of the Contractor or its subcontractors. If
the Contractor or its subcontractors are legally required to retain any confidential information,
the Contractor shall notify the Department in writing and set forth the confidential information
that it intends to retain and the reasons why it is legally required to retain such information. The
Contractor shall confer with the Department, in good faith, regarding any issues that arise from
the Contractor retaining such confidential information. If the Department does not request such
information, or the Law does not require otherwise, such information shall be maintained in
accordance with the requirements set forth in Section 5.02.
F. A breach of this Section shall constitute a material breach of this Agreement for
which the Department may terminate this Agreement pursuant to Article 10. The Department
reserves any and all other rights and remedies in the event of unauthorized disclosure.
ARTICLE 6 - COPYRIGHTS,
PATENTS, INVENTIONS, AND ANTITRUST
Section 6.01 Copyrights
A. Any reports, documents, data, photographs, deliverables, and/or other materials
produced pursuant to this Agreement, and any and all drafts and/or other preliminary materials in
any format related to such items produced pursuant to this Agreement, shall upon their creation
become the exclusive property of the City.
B. Any reports, documents, data, photographs, deliverables, and/or other materials
provided pursuant to this Agreement (“Copyrightable Materials”) shall be considered “work-
made-for-hire” within the meaning and purview of Section 101 of the United States Copyright
Act, 17 U.S.C. § 101, and the City shall be the copyright owner thereof and of all aspects,
elements and components thereof in which copyright protection might exist. To the extent that
the Copyrightable Materials do not qualify as “work-made-for-hire,” the Contractor hereby
irrevocably transfers, assigns and conveys exclusive copyright ownership in and to the
Copyrightable Materials to the City, free and clear of any liens, claims, or other encumbrances.
The Contractor shall retain no copyright or intellectual property interest in the Copyrightable
Materials. The Copyrightable Materials shall be used by the Contractor for no purpose other
than in the performance of this Agreement without the prior written permission of the City. The
Appendix A (Legal Services) August 2011 Final
Page 19 of 48
Department may grant the Contractor a license to use the Copyrightable Materials on such terms
as determined by the Department and set forth in the license.
C. The Contractor acknowledges that the City may, in its sole discretion, register
copyright in the Copyrightable Materials with the United States Copyright Office or any other
government agency authorized to grant copyright registrations. The Contractor shall fully
cooperate in this effort, and agrees to provide any and all documentation necessary to accomplish
this.
D. The Contractor represents and warrants that the Copyrightable Materials: (i) are
wholly original material not published elsewhere (except for material that is in the public
domain); (ii) do not violate any copyright Law; (iii) do not constitute defamation or invasion of
the right of privacy or publicity; and (iv) are not an infringement, of any kind, of the rights of
any third party. To the extent that the Copyrightable Materials incorporate any non-original
material, the Contractor has obtained all necessary permissions and clearances, in writing, for the
use of such non-original material under this Agreement, copies of which shall be provided to the
City upon execution of this Agreement.
E. If the services under this Agreement are supported by a federal grant of funds, the
federal and State government reserves a royalty-free, non-exclusive irrevocable license to
reproduce, publish, or otherwise use and to authorize others to use, for federal or State
government purposes, the copyright in any Copyrightable Materials developed under this
Agreement.
F. If the Contractor publishes a work dealing with any aspect of performance under
this Agreement, or with the results of such performance, the City shall have a royalty-free, non-
exclusive irrevocable license to reproduce, publish, or otherwise use such work for City
governmental purposes.
Section 6.02 Patents and Inventions
The Contractor shall promptly and fully report to the Department any discovery or
invention arising out of or developed in the course of performance of this Agreement. If the
services under this Agreement are supported by a federal grant of funds, the Contractor shall
promptly and fully report to the federal government for the federal government to make a
determination as to whether patent protection on such invention shall be sought and how the
rights in the invention or discovery, including rights under any patent issued thereon, shall be
disposed of and administered in order to protect the public interest.
Section 6.03 Pre-existing Rights
In no case shall Sections 6.01 and 6.02 apply to, or prevent the Contractor from asserting
or protecting its rights in any discovery, invention, report, document, data, photograph,
deliverable, or other material in connection with or produced pursuant to this Agreement that
existed prior to or was developed or discovered independently from the activities directly related
to this Agreement.
Appendix A (Legal Services) August 2011 Final
Page 20 of 48
Section 6.04 Antitrust
The Contractor hereby assigns, sells, and transfers to the City all right, title and interest in
and to any claims and causes of action arising under the antitrust laws of the State or of the
United States relating to the particular goods or services procured by the City under this
Agreement.
ARTICLE 7 - INSURANCE
Section 7.01 Agreement to Insure
The Contractor shall not commence performing services under this Agreement unless and
until all insurance required by this Article is in effect, and shall ensure continuous insurance
coverage in the manner, form, and limits required by this Article throughout the term of the
Agreement.
Section 7.02 Commercial General Liability Insurance
A. The Contractor shall maintain Commercial General Liability Insurance covering
the Contractor as Named Insured and the City as an Additional Insured in the amount of at least
One Million Dollars ($1,000,000) per occurrence. Such insurance shall protect the City and the
Contractor from claims for property damage and/or bodily injury, including death that may arise
from any of the operations under this Agreement. Coverage under this insurance shall be at least
as broad as that provided by the most recently issued Insurance Services Office (“ISO”) Form
CG 0001, and shall be "occurrence" based rather than “claims-made.”
B. Such Commercial General Liability Insurance shall name the City, together with
its officials and employees, as an Additional Insured with coverage at least as broad as the most
recently issued ISO Form CG 20 10.
Section 7.03 Professional Liability Insurance
A. At the Department’s direction, if professional services are provided pursuant to
this Agreement, the Contractor shall maintain and submit evidence of Professional Liability
Insurance appropriate to the type(s) of such services to be provided under this Agreement in the
amount of at least One Million Dollars ($1,000,000) per claim. The policy or policies shall
include an endorsement to cover the liability assumed by the Contractor under this Agreement
arising out of the negligent performance of professional services or caused by an error, omission
or negligent act of the Contractor or anyone employed by the Contractor.
B. All subcontractors of the Contractor providing professional services under this
Agreement for which Professional Liability Insurance is reasonably commercially available shall
also maintain such insurance in the amount of at least One Million Dollars ($1,000,000) per
claim, and the Contractor shall provide to the Department, at the time of the request for
Appendix A (Legal Services) August 2011 Final
Page 21 of 48
subcontractor approval, evidence of such Professional Liability Insurance on forms acceptable to
the Department.
C. Claims-made policies will be accepted for Professional Liability Insurance. All
such policies shall have an extended reporting period option or automatic coverage of not less
than two (2) years. If available as an option, the Contractor shall purchase extended reporting
period coverage effective on cancellation or termination of such insurance unless a new policy is
secured with a retroactive date, including at least the last policy year.
Section 7.04 Workers’ Compensation, Disability Benefits, and Employer’s
Liability Insurance
The Contractor shall maintain, and ensure that each subcontractor maintains, Workers’
Compensation Insurance, Disability Benefits Insurance, and Employer’s Liability Insurance in
accordance with the Laws of the State on behalf of, or with regard to, all employees providing
services under this Agreement.
Section 7.05 Unemployment Insurance
To the extent required by Law, the Contractor shall provide Unemployment Insurance for
its employees.
Section 7.06 Business Automobile Liability Insurance
A. If vehicles are used in the provision of services under this Agreement, then the
Contractor shall maintain Business Automobile Liability insurance in the amount of at least One
Million Dollars ($1,000,000) each accident combined single limit for liability arising out of
ownership, maintenance or use of any owned, non-owned, or hired vehicles to be used in
connection with this Agreement. Coverage shall be at least as broad as the most recently issued
ISO Form CA0001.
B. If vehicles are used for transporting hazardous materials, the Business
Automobile Liability Insurance shall be endorsed to provide pollution liability broadened
coverage for covered vehicles (endorsement CA 99 48) as well as proof of MCS-90.
Section 7.07 General Requirements for Insurance Coverage and Policies
A. All required insurance policies shall be maintained with companies that may
lawfully issue the required policy and have an A.M. Best rating of at least A- / “VII” or a
Standard and Poor’s rating of at least A, unless prior written approval is obtained from the City
Law Department.
B. All insurance policies shall be primary (and non-contributing) to any insurance or
self-insurance maintained by the City.
Appendix A (Legal Services) August 2011 Final
Page 22 of 48
C. The Contractor shall be solely responsible for the payment of all premiums for all
required insurance policies and all deductibles or self-insured retentions to which such policies
are subject, whether or not the City is an insured under the policy.
D. There shall be no self-insurance program with regard to any insurance required
under this Article unless approved in writing by the Commissioner. Any such self-insurance
program shall provide the City with all rights that would be provided by traditional insurance
required under this Article, including but not limited to the defense obligations that insurers are
required to undertake in liability policies.
E. The City’s limits of coverage for all types of insurance required under this Article
shall be the greater of (i) the minimum limits set forth in this Article or (ii) the limits provided to
the Contractor as Named Insured under all primary, excess, and umbrella policies of that type of
coverage.
Section 7.08 Proof of Insurance
A. For Workers’ Compensation Insurance, Disability Benefits Insurance, and
Employer’s Liability Insurance, the Contractor shall file one of the following within ten (10)
Days of award of this Agreement. ACORD forms are not acceptable proof of workers’
compensation coverage.
1. C-105.2 Certificate of Workers’ Compensation Insurance;
2. U-26.3 -- State Insurance Fund Certificate of Workers’ Compensation
Insurance;
3. Request for WC/DB Exemption (Form CE-200);
4. Equivalent or successor forms used by the New York State Workers’
Compensation Board; or
5. Other proof of insurance in a form acceptable to the City.
B. For each policy required under this Agreement, except for Workers’
Compensation Insurance, Disability Benefits Insurance, Employer’s Liability Insurance, and
Unemployment Insurance, the Contractor shall file a Certificate of Insurance with the
Department within ten (10) Days of award of this Agreement. All Certificates of Insurance shall
be (a) in a form acceptable to the City and certify the issuance and effectiveness of such policies
of insurance, each with the specified minimum limits; and (b) accompanied by the endorsement
in the Contractor’s general liability policy by which the City has been made an additional
insured pursuant to Section 7.02(B). All Certificate(s) of Insurance shall be accompanied by
either a duly executed “Certification by Broker” in the form attached to this Appendix A or
copies of all policies referenced in the Certificate of Insurance. If complete policies have not yet
been issued, binders are acceptable, until such time as the complete policies have been issued, at
which time such policies shall be submitted.
Appendix A (Legal Services) August 2011 Final
Page 23 of 48
C. Certificates of Insurance confirming renewals of insurance shall be submitted to
the Commissioner prior to the expiration date of coverage of policies required under this Article.
Such Certificates of Insurance shall comply with the requirements of Section 7.08 (A) and
Section 7.08(B), as applicable.
D. The Contractor shall provide the City with a copy of any policy required under
this Article upon the demand for such policy by the Commissioner or the New York City Law
Department.
E. Acceptance by the Commissioner of a certificate or a policy does not excuse the
Contractor from maintaining policies consistent with all provisions of this Article (and ensuring
that subcontractors maintain such policies) or from any liability arising from its failure to do so.
F. In the event the Contractor receives notice, from an insurance company or other
person, that any insurance policy required under this Article shall expire or be cancelled or
terminated for any reason, the Contractor shall immediately forward a copy of such notice to
both the Commissioner [insert Agency name and appropriate address], and the New York City
Comptroller, Attn: Office of Contract Administration, Municipal Building, One Centre Street,
Room 1005, New York, New York 10007.
Section 7.09 Miscellaneous
A. Whenever notice of loss, damage, occurrence, accident, claim or suit is required
under a general liability policy maintained in accordance with this Article, the Contractor shall
provide the insurer with timely notice thereof on behalf of the City. Such notice shall be given
even where the Contractor may not have coverage under such policy (for example, where one of
Contractor’s employees was injured). Such notice shall expressly specify that “this notice is
being given on behalf of the City of New York as Additional Insured” and contain the following
information: the number of the insurance policy; the name of the named insured; the date and
location of the damage, occurrence, or accident; the identity of the persons or things injured,
damaged, or lost; and the title of the claim or suit, if applicable. The Contractor shall
simultaneously send a copy of such notice to the City of New York c/o Insurance Claims
Specialist, Affirmative Litigation Division, New York City Law Department, 100 Church Street,
New York, New York 10007. If the Contractor fails to comply with the requirements of this
paragraph, the Contractor shall indemnify the City for all losses, judgments, settlements and
expenses, including reasonable attorneys’ fees, arising from an insurer’s disclaimer of coverage
citing late notice by or on behalf of the City.
B. The Contractor’s failure to maintain any of the insurance required by this Article
shall constitute a material breach of this Agreement. Such breach shall not be waived or
otherwise excused by any action or inaction by the City at any time.
C. Insurance coverage in the minimum amounts required in this Article shall not
relieve the Contractor or its subcontractors of any liability under this Agreement, nor shall it
preclude the City from exercising any rights or taking such other actions as are available to it
under any other provisions of this Agreement or Law.
Appendix A (Legal Services) August 2011 Final
Page 24 of 48
D. The Contractor waives all rights against the City, including its officials and
employees for any damages or losses that are covered under any insurance required under this
Article (whether or not such insurance is actually procured or claims are paid thereunder) or any
other insurance applicable to the operations of the Contractor and/or its subcontractors in the
performance of this Agreement.
E. In the event the Contractor requires any subcontractor to procure insurance with
regard to any operations under this Agreement and requires such subcontractor to name the
Contractor as an additional insured under such insurance, the Contractor shall ensure that such
entity also name the City, including its officials and employees, as an additional insured with
coverage at least as broad as the most recently issued ISO form CG 20 26.
ARTICLE 8 - PROTECTION OF PERSONS AND PROPERTY
AND INDEMNIFICATION
Section 8.01 Reasonable Precautions
The Contractor shall take all reasonable precautions to protect all persons and the
property of the City and of others from damage, loss or injury resulting from the Contractor’s
and/or its subcontractors’ operations under this Agreement.
Section 8.02 Protection of City Property
The Contractor assumes the risk of, and shall be responsible for, any loss or damage to
City property, including property and equipment leased by the City, used in the performance of
this Agreement, where such loss or damage is caused by any tortious act, or failure to comply
with the provisions of this Agreement or of Law by the Contractor, its officers, employees,
agents or subcontractors.
Section 8.03 Indemnification
The Contractor shall defend, indemnify and hold the City, its officers and employees
harmless from any and all claims (even if the allegations of the lawsuit are without merit) or
judgments for damages on account of any injuries or death to any person or damage to any
property and from costs and expenses to which the City, its officers and employees may be
subjected or which it may suffer or incur allegedly arising out of or in connection with any
operations of the Contractor and/or its subcontractors to the extent resulting from any negligent
act of commission or omission, any intentional tortious act, or failure to comply with the
provisions of this Agreement or of the Laws. Insofar as the facts or Law relating to any claim
would preclude the City from being completely indemnified by the Contractor, the City shall be
partially indemnified by the Contractor to the fullest extent permitted by Law.
Appendix A (Legal Services) August 2011 Final
Page 25 of 48
Section 8.04 Infringement Indemnification
The Contractor shall defend, indemnify and hold the City harmless from any and all
claims (even if the allegations of the lawsuit are without merit) or judgments for damages and
from costs and expenses to which the City may be subject to or which it may suffer or incur
allegedly arising out of or in connection with any infringement by the Contractor of any
copyright, trade secrets, trademark or patent rights or any other property or personal right of any
third party by the Contractor and/or its subcontractors in the performance of this Agreement.
The Contractor shall defend, indemnify, and hold the City harmless regardless of whether or not
the alleged infringement arises out of compliance with the Agreement’s scope of services/scope
of work. Insofar as the facts or Law relating to any claim would preclude the City from being
completely indemnified by the Contractor, the City shall be partially indemnified by the
Contractor to the fullest extent permitted by Law.
Section 8.05 Indemnification Obligations Not Limited By Insurance Obligation
The indemnification provisions set forth in this Article shall not be limited in any way by
the Contractor’s obligations to obtain and maintain insurance as provided in this Agreement.
Section 8.06 Actions By or Against Third Parties
A. In the event any claim is made or any action brought in any way relating to
Agreement, other than an action between the City and the Contractor, the Contractor shall
diligently render to the City without additional compensation all assistance which the City may
reasonably require of the Contractor.
B. The Contractor shall report to the Department in writing within five (5) business
Days of the initiation by or against the Contractor of any legal action or proceeding in connection
with or relating to this Agreement.
Section 8.07 Withholding of Payments
A. In the event that any claim is made or any action is brought against the City for
which the Contractor may be required to indemnify the City pursuant to this Agreement, the City
shall have the right to withhold further payments under this Agreement for the purpose of set-off
in sufficient sums to cover the said claim or action.
B. In the event that any City property is lost or damaged as set forth in Section 8.02,
except for normal wear and tear, the City shall have the right to withhold further payments under
this Agreement for the purpose of set-off in sufficient sums to cover such loss or damage.
C. The City shall not, however, impose a setoff in the event that an insurance
company that provided liability insurance pursuant to Article 7 above has accepted the City's
tender of the claim or action without a reservation of rights.
Appendix A (Legal Services) August 2011 Final
Page 26 of 48
D. The Department may, at its option, withhold for purposes of set-off any monies
due to the Contractor under this Agreement up to the amount of any disallowances or questioned
costs resulting from any audits of the Contractor or to the amount of any overpayment to the
Contractor with regard to this Agreement.
E. The rights and remedies of the City provided for in this Section shall not be
exclusive and are in addition to any other rights and remedies provided by Law or this
Agreement.
Section 8.08 No Third Party Rights
The provisions of this Agreement shall not be deemed to create any right of action in
favor of third parties against the Contractor or the City or their respective officers and
employees.
ARTICLE 9 - CONTRACT CHANGES
Section 9.01 Contract Changes
Changes to this Agreement may be made only as duly authorized by the ACCO or his or
her designee and in accordance with the PPB Rules. Any amendment or change to this
Agreement shall not be valid unless made in writing and signed by authorized representatives of
both parties. Contractors deviating from the requirements of this Agreement without a duly
approved and executed change order document, or written contract modification or amendment,
do so at their own risk.
Section 9.02 Changes Through Fault of Contractor
In the event that any change is required in the data, documents, deliverables, or other
services to be provided under this Agreement because of negligence or error of the Contractor,
no additional compensation shall be paid to the Contractor for making such change, and the
Contractor is obligated to make such change without additional compensation.
ARTICLE 10 - TERMINATION, DEFAULT, AND REDUCTIONS IN FUNDING
Section 10.01 Termination by the City Without Cause
A. The City shall have the right to terminate this Agreement, in whole or in part,
without cause, in accordance with the provisions of Section 10.05.
B. If the City terminates this Agreement pursuant to this Section, the following
provisions apply. The City shall not incur or pay any further obligation pursuant to this
Agreement beyond the termination date set by the City pursuant to Section 10.05. The City shall
pay for services provided in accordance with this Agreement prior to the termination date. In
Appendix A (Legal Services) August 2011 Final
Page 27 of 48
addition, any obligation necessarily incurred by the Contractor on account of this Agreement
prior to receipt of notice of termination and falling due after the termination date shall be paid by
the City in accordance with the terms of this Agreement. In no event shall such obligation be
construed as including any lease or other occupancy agreement, oral or written, entered into
between the Contractor and its landlord.
Section 10.02 Reductions in Federal, State and/or City Funding
A. This Agreement is funded in whole or in part by funds secured from the federal,
State and/or City governments. Should there be a reduction or discontinuance of such funds by
action of the federal, State and/or City governments, the City shall have, in its sole discretion, the
right to terminate this Agreement in whole or in part, or to reduce the funding and/or level of
services of this Agreement caused by such action by the federal, State and/or City governments,
including, in the case of the reduction option, but not limited to, the reduction or elimination of
programs, services or service components; the reduction or elimination of contract-reimbursable
staff or staff-hours, and corresponding reductions in the budget of this Agreement and in the total
amount payable under this Agreement. Any reduction in funds pursuant to this Section shall be
accompanied by an appropriate reduction in the services performed under this Agreement.
B. In the case of the reduction option referred to in Paragraph A, above, any such
reduction shall be effective as of the date set forth in a written notice thereof to the Contractor,
which shall be not less than thirty (30) Days from the date of such notice. Prior to sending such
notice of reduction, the Department shall advise the Contractor that such option is being
exercised and afford the Contractor an opportunity to make within seven (7) Days any
suggestion(s) it may have as to which program(s), service(s), service component(s), staff or staff-
hours might be reduced or eliminated, provided, however, that the Department shall not be
bound to utilize any of the Contractor’s suggestions and that the Department shall have sole
discretion as to how to effectuate the reductions.
C. If the City reduces funding pursuant to this Section, the following provisions
apply. The City shall pay for services provided in accordance with this Agreement prior to the
reduction date. In addition, any obligation necessarily incurred by the Contractor on account of
this Agreement prior to receipt of notice of reduction and falling due after the reduction date
shall be paid by the City in accordance with the terms of this Agreement. In no event shall such
obligation be construed as including any lease or other occupancy agreement, oral or written,
entered into between the Contractor and its landlord.
D. To the extent that the reduction in public funds is a result of the State determining
that the Contractor may receive medical assistance funds pursuant to title eleven of article five of
the Social Services Law to fund the services contained within the scope of a program under this
Agreement, then the notice and effective date provisions of this section shall not apply, and the
Department may reduce such public funds authorized under this Agreement by informing the
Contractor of the amount of the reduction and revising attachments to this agreement as
appropriate.
Appendix A (Legal Services) August 2011 Final
Page 28 of 48
Section 10.03 Contractor Default
A. The City shall have the right to declare the Contractor in default:
1. Upon a breach by the Contractor of a material term or condition of this
Agreement, including unsatisfactory performance of the services;
2. Upon insolvency or the commencement of any proceeding by or against
the Contractor, either voluntarily or involuntarily, under the Bankruptcy Code or relating
to the insolvency, receivership, liquidation, or composition of the Contractor for the
benefit of creditors;
3. If the Contractor refuses or fails to proceed with the services under the
Agreement when and as directed by the Commissioner;
4. If the Contractor or any of its officers, directors, partners, five percent
(5%) or greater shareholders, principals, or other employee or person substantially
involved in its activities are indicted or convicted after execution of the Agreement under
any state or federal law of any of the following:
a. a criminal offense incident to obtaining or attempting to obtain or
performing a public or private contract;
b. fraud, embezzlement, theft, bribery, forgery, falsification, or
destruction of records, or receiving stolen property;
c. a criminal violation of any state or federal antitrust law;
d. violation of the Racketeer Influence and Corrupt Organization Act,
18 U.S.C. § 1961 et seq., or the Mail Fraud Act, 18 U.S.C. § 1341 et seq., for acts
in connection with the submission of bids or proposals for a public or private
contract;
e. conspiracy to commit any act or omission that would constitute
grounds for conviction or liability under any statute described in subparagraph (d)
above; or
f. an offense indicating a lack of business integrity that seriously and
directly affects responsibility as a City vendor.
5. If the Contractor or any of its officers, directors, partners, five percent
(5%) or greater shareholders, principals, or other employee or person substantially
involved in its activities are subject to a judgment of civil liability under any state or
federal antitrust law for acts or omissions in connection with the submission of bids or
proposals for a public or private contract; or
6. If the Contractor or any of its officers, directors, partners, five percent
(5%) or greater shareholders, principals, or other employee or person substantially
Appendix A (Legal Services) August 2011 Final
Page 29 of 48
involved in its activities makes or causes to be made any false, deceptive, or fraudulent
material statement, or fail to make a required material statement in any bid, proposal, or
application for City or other government work.
B. The right to declare the Contractor in default shall be exercised by sending the
Contractor a written notice of the conditions of default, signed by the Commissioner, setting
forth the ground or grounds upon which such default is declared (“Notice to Cure”). The
Contractor shall have ten (10) Days from receipt of the Notice to Cure or any longer period that
is set forth in the Notice to Cure to cure the default. The Commissioner may temporarily
suspend services under the Agreement pending the outcome of the default proceedings pursuant
to this Section.
C. If the conditions set forth in the Notice to Cure are not cured within the period set
forth in the Notice to Cure, the Commissioner may declare the Contractor in default pursuant to
this Section. Before the Commissioner may exercise his or her right to declare the Contractor in
default, the Commissioner shall give the Contractor an opportunity to be heard upon not less than
five (5) business days notice. The Commissioner may, in his or her discretion, provide for such
opportunity to be in writing or in person. Such opportunity to be heard shall not occur prior to
the end of the cure period but notice of such opportunity to be heard may be given prior to the
end of the cure period and may be given contemporaneously with the Notice to Cure.
D. After the opportunity to be heard, the Commissioner may terminate the
Agreement, in whole or in part, upon finding the Contractor in default pursuant to this Section, in
accordance with the provisions of Section 10.05.
E. The Commissioner, after declaring the Contractor in default, may have the
services under the Agreement completed by such means and in such manner, by contract with or
without public letting, or otherwise, as he or she may deem advisable in accordance with
applicable PPB Rules. After such completion, the Commissioner shall certify the expense
incurred in such completion, which shall include the cost of re-letting. Should the expense of
such completion, as certified by the Commissioner, exceed the total sum which would have been
payable under the Agreement if it had been completed by the Contractor, any excess shall be
promptly paid by the Contractor upon demand by the City. The excess expense of such
completion, including any and all related and incidental costs, as so certified by the
Commissioner, and any liquidated damages assessed against the Contractor, may be charged
against and deducted out of monies earned by the Contractor.
Section 10.04 Force Majeure
A. For purposes of this Agreement, a force majeure event is an act or event beyond
the control and without any fault or negligence of the Contractor (“Force Majeure Event”). Such
events may include, but are not limited to, fire, flood, earthquake, storm or other natural disaster,
civil commotion, war, terrorism, riot, and labor disputes not brought about by any act or
omission of the Contractor.
B. In the event the Contractor cannot comply with the terms of the Agreement
(including any failure by the Contractor to make progress in the performance of the services)
Appendix A (Legal Services) August 2011 Final
Page 30 of 48
because of a Force Majeure Event, then the Contractor may ask the Commissioner to excuse the
nonperformance and/or terminate the Agreement. If the Commissioner, in his or her reasonable
discretion, determines that the Contractor cannot comply with the terms of the Agreement
because of a Force Majeure Event, then the Commissioner shall excuse the nonperformance and
may terminate the Agreement. Such a termination shall be deemed to be without cause.
C. If the City terminates the Agreement pursuant to this Section, the following
provisions apply. The City shall not incur or pay any further obligation pursuant to this
Agreement beyond the termination date. The City shall pay for services provided in accordance
with this Agreement prior to the termination date. Any obligation necessarily incurred by the
Contractor on account of this Agreement prior to receipt of notice of termination and falling due
after the termination date shall be paid by the City in accordance with the terms of this
Agreement. In no event shall such obligation be construed as including any lease or other
occupancy agreement, oral or written, entered into between the Contractor and its landlord.
Section 10.05 Procedures for Termination
A. The Department and/or the City shall give the Contractor written notice of any
termination of this Agreement. Such notice shall specify the applicable provision(s) under which
the Agreement is terminated and the effective date of the termination. Except as otherwise
provided in this Agreement, the notice shall comply with the provisions of this Section. For
termination without cause, the effective date of the termination shall not be less than ten (10)
Days from the date the notice is personally delivered, or fifteen (15) Days from the date the
notice is either sent by certified mail, return receipt requested, or sent by fax and deposited in a
post office box regularly maintained by the United States Postal Service in a postage pre-paid
envelope. In the case of termination for default, the effective date of the termination shall be as
set forth above for a termination without cause or such earlier date as the Commissioner may
determine. If the City terminates the Agreement in part, the Contractor shall continue the
performance of the Agreement to the extent not terminated.
B. Upon termination or expiration of this Agreement, the Contractor shall comply
with the City close-out procedures, including but not limited to:
1. Accounting for and refunding to the Department, within forty-five (45)
Days, any unexpended funds which have been advanced to the Contractor pursuant to this
Agreement;
2. Furnishing within forty-five (45) Days an inventory to the Department of
all equipment, appurtenances and property purchased through or provided under this
Agreement and carrying out any Department or City directive concerning the disposition
of such equipment, appurtenances and property;
3. Turning over to the Department or its designees all books, records,
documents and material specifically relating to this Agreement that the Department has
requested be turned over;
Appendix A (Legal Services) August 2011 Final
Page 31 of 48
4. Submitting to the Department, within ninety (90) Days, a final statement
and report relating to the Agreement. The report shall be made by a certified public
accountant or a licensed public accountant; and
5. Providing reasonable assistance to the Department in the transition, if any,
to a new contractor.
Section 10.06 Miscellaneous Provisions
A. The Commissioner, in addition to any other powers set forth in this Agreement or
by operation of Law, may suspend, in whole or in part, any part of the services to be provided
under this Agreement whenever in his or her judgment such suspension is required in the best
interest of the City. If the Commissioner suspends this Agreement pursuant to this Section, the
City shall not incur or pay any further obligation pursuant to this Agreement beyond the
suspension date until such suspension is lifted. The City shall pay for services provided in
accordance with this Agreement prior to the suspension date. In addition, any obligation
necessarily incurred by the Contractor on account of this Agreement prior to receipt of notice of
suspension and falling due during the suspension period shall be paid by the City in accordance
with the terms of this Agreement.
B. Notwithstanding any other provisions of this Agreement, the Contractor shall not
be relieved of liability to the City for damages sustained by the City by virtue of the Contractor’s
breach of the Agreement, and the City may withhold payments to the Contractor for the purpose
of set-off in the amount of damages due to the City from the Contractor.
C. The rights and remedies of the City provided in this Article shall not be exclusive
and are in addition to all other rights and remedies provided by Law or under this Agreement.
ARTICLE 11 - PROMPT PAYMENT AND ELECTRONIC FUNDS TRANSFER
Section 11.01 Prompt Payment
A. The prompt payment provisions of PPB Rule § 4-06 are applicable to payments
made under this Agreement. The provisions generally require the payment to the Contractor of
interest on payments made after the required payment date, as set forth in the PPB Rules.
B. The Contractor shall submit a proper invoice to receive payment, except where
the Agreement provides that the Contractor will be paid at predetermined intervals without
having to submit an invoice for each scheduled payment.
C. Determination of interest due will be made in accordance with the PPB Rules and
the applicable rate of interest shall be the rate in effect at the time of payment.
Appendix A (Legal Services) August 2011 Final
Page 32 of 48
Section 11.02 Electronic Funds Transfer
A. In accordance with Admin. Code § 6-107.1, the Contractor agrees to accept
payments under this Agreement from the City by electronic funds transfer. An electronic funds
transfer is any transfer of funds, other than a transaction originated by check, draft, or similar
paper instrument, which is initiated through an electronic terminal, telephonic instrument or
computer or magnetic tape so as to order, instruct, or authorize a financial institution to debit or
credit an account. Prior to the first payment made under this Agreement, the Contractor shall
designate one financial institution or other authorized payment agent and shall complete the
“EFT Vendor Payment Enrollment Form” available from the Agency or at
http://www.nyc.gov/dof in order to provide the commissioner of the Department of Finance with
information necessary for the Contractor to receive electronic funds transfer payments through
the designated financial institution or authorized payment agent. The crediting of the amount of
a payment to the appropriate account on the books of a financial institution or other authorized
payment agent designated by the Contractor shall constitute full satisfaction by the City for the
amount of the payment under this Agreement. The account information supplied by the
Contractor to facilitate the electronic funds transfer shall remain confidential to the fullest extent
provided by Law.
B. The Agency Head may waive the application of the requirements of this Section
to payments on contracts entered into pursuant to Charter § 315. In addition, the commissioner
of the Department of Finance and the Comptroller may jointly issue standards pursuant to which
the Agency may waive the requirements of this Section for payments in the following
circumstances: (i) for individuals or classes of individuals for whom compliance imposes a
hardship; (ii) for classifications or types of checks; or (iii) in other circumstances as may be
necessary in the best interest of the City.
C. This Section is applicable to contracts valued at Twenty-Five Thousand Dollars
($25,000) and above.
ARTICLE 12 - CLAIMS
Section 12.01 Choice of Law
This Agreement shall be deemed to be executed in the City and State of New York,
regardless of the domicile of the Contractor, and shall be governed by and construed in
accordance with the Laws of the State of New York (notwithstanding New York choice of law or
conflict of law principles) and the Laws of the United States, where applicable.
Section 12.02 Jurisdiction and Venue
The parties agree that any and all claims asserted by or against the City arising under or
related to this Agreement shall solely be heard and determined either in the courts of the United
States located in the City or in the courts of the State located in the City and County of New
York. The parties shall consent to the dismissal and/or transfer of any claims asserted in any
Appendix A (Legal Services) August 2011 Final
Page 33 of 48
other venue or forum to the proper venue or forum. If the Contractor initiates any action in
breach of this Section, the Contractor shall be responsible for and shall promptly reimburse the
City for any attorneys’ fees incurred by the City in removing the action to a proper court
consistent with this Section.
Section 12.03 Resolution of Disputes
A. Except as provided in Subparagraphs (A)(1) and (A)(2) below, all disputes
between the City and the Contractor that arise under, or by virtue of, this Agreement shall be
finally resolved in accordance with the provisions of this Section and PPB Rule § 4-09. This
procedure shall be the exclusive means of resolving any such disputes.
1. This Section shall not apply to disputes concerning matters dealt with in
other sections of the PPB Rules or to disputes involving patents, copyrights, trademarks,
or trade secrets (as interpreted by the courts of New York State) relating to proprietary
rights in computer software, or to termination other than for cause.
2. For construction and construction-related services this Section shall apply
only to disputes about the scope of work delineated by the Agreement, the interpretation
of Agreement documents, the amount to be paid for extra work or disputed work
performed in connection with the Agreement, the conformity of the Contractor’s work to
the Agreement, and the acceptability and quality of the Contractor’s work; such disputes
arise when the City Engineer, City Resident Engineer, City Engineering Audit Officer, or
other designee of the Agency Head makes a determination with which the Contractor
disagrees. For construction, this Section shall not apply to termination of the Agreement
for cause or other than for cause.
B. All determinations required by this Section shall be clearly stated, with a reasoned
explanation for the determination based on the information and evidence presented to the party
making the determination. Failure to make such determination within the time required by this
Section shall be deemed a non-determination without prejudice that will allow application to the
next level.
C. During such time as any dispute is being presented, heard, and considered
pursuant to this Section, the Agreement terms shall remain in full force and effect and, unless
otherwise directed by the ACCO or Engineer, the Contractor shall continue to perform work in
accordance with the Agreement and as directed by the ACCO or City Engineer, City Resident
Engineer, City Engineering Audit Officer, or other designee of the Agency Head. Failure of the
Contractor to continue the work as directed shall constitute a waiver by the Contractor of any and
all claims being presented pursuant to this Section and a material breach of contract.
D. Presentation of Dispute to Agency Head.
1. Notice of Dispute and Agency Response. The Contractor shall present its
dispute in writing (“Notice of Dispute”) to the Agency Head within the time specified
herein, or, if no time is specified, within thirty (30) Days of receiving written notice of
the determination or action that is the subject of the dispute. This notice requirement
Appendix A (Legal Services) August 2011 Final
Page 34 of 48
shall not be read to replace any other notice requirements contained in the Agreement.
The Notice of Dispute shall include all the facts, evidence, documents, or other basis
upon which the Contractor relies in support of its position, as well as a detailed
computation demonstrating how any amount of money claimed by the Contractor in the
dispute was arrived at. Within thirty (30) Days after receipt of the complete Notice of
Dispute, the ACCO or, in the case of construction or construction-related services, the
City Engineer, City Resident Engineer, City Engineering Audit Officer, or other designee
of the Agency Head, shall submit to the Agency Head all materials he or she deems
pertinent to the dispute. Following initial submissions to the Agency Head, either party
may demand of the other the production of any document or other material the
demanding party believes may be relevant to the dispute. The requested party shall
produce all relevant materials that are not otherwise protected by a legal privilege
recognized by the courts of New York State. Any question of relevancy shall be
determined by the Agency Head whose decision shall be final. Willful failure of the
Contractor to produce any requested material whose relevancy the Contractor has not
disputed, or whose relevancy has been affirmatively determined, shall constitute a waiver
by the Contractor of its claim.
2. Agency Head Inquiry. The Agency Head shall examine the material and
may, in his or her discretion, convene an informal conference with the Contractor and the
ACCO and, in the case of construction or construction-related services, the City
Engineer, City Resident Engineer, City Engineering Audit Officer, or other designee of
the Agency Head, to resolve the issue by mutual consent prior to reaching a
determination. The Agency Head may seek such technical or other expertise as he or she
shall deem appropriate, including the use of neutral mediators, and require any such
additional material from either or both parties as he or she deems fit. The Agency Head’s
ability to render, and the effect of, a decision hereunder shall not be impaired by any
negotiations in connection with the dispute presented, whether or not the Agency Head
participated therein. The Agency Head may or, at the request of any party to the dispute,
shall compel the participation of any other contractor with a contract related to the work
of this Agreement and that contractor shall be bound by the decision of the Agency Head.
Any contractor thus brought into the dispute resolution proceeding shall have the same
rights and obligations under this Section as the Contractor initiating the dispute.
3. Agency Head Determination. Within thirty (30) Days after the receipt of
all materials and information, or such longer time as may be agreed to by the parties, the
Agency Head shall make his or her determination and shall deliver or send a copy of such
determination to the Contractor and ACCO and, in the case of construction or
construction-related services, the City Engineer, City Resident Engineer, City
Engineering Audit Officer, or other designee of the Agency Head, together with a
statement concerning how the decision may be appealed.
4. Finality of Agency Head Decision. The Agency Head’s decision shall be
final and binding on all parties, unless presented to the Contract Dispute Resolution
Board (“CDRB”) pursuant to this Section. The City may not take a petition to the CDRB.
However, should the Contractor take such a petition, the City may seek, and the CDRB
Appendix A (Legal Services) August 2011 Final
Page 35 of 48
may render, a determination less favorable to the Contractor and more favorable to the
City than the decision of the Agency Head.
E. Presentation of Dispute to the Comptroller. Before any dispute may be brought
by the Contractor to the CDRB, the Contractor must first present its claim to the Comptroller for
his or her review, investigation, and possible adjustment.
1. Time, Form, and Content of Notice. Within thirty (30) Days of receipt of
a decision by the Agency Head, the Contractor shall submit to the Comptroller and to the
Agency Head a Notice of Claim regarding its dispute with the Agency. The Notice of
Claim shall consist of (i) a brief statement of the substance of the dispute, the amount of
money, if any, claimed and the reason(s) the Contractor contends the dispute was
wrongly decided by the Agency Head; (ii) a copy of the decision of the Agency Head;
and (iii) a copy of all materials submitted by the Contractor to the Agency, including the
Notice of Dispute. The Contractor may not present to the Comptroller any material not
presented to the Agency Head, except at the request of the Comptroller.
2. Agency Response. Within thirty (30) Days of receipt of the Notice of
Claim, the Agency shall make available to the Comptroller a copy of all material
submitted by the Agency to the Agency Head in connection with the dispute. The
Agency may not present to the Comptroller any material not presented to the Agency
Head, except at the request of the Comptroller.
3. Comptroller Investigation. The Comptroller may investigate the claim in
dispute and, in the course of such investigation, may exercise all powers provided in
Admin. Code §§ 7-201 and 7-203. In addition, the Comptroller may demand of either
party, and such party shall provide, whatever additional material the Comptroller deems
pertinent to the claim, including original business records of the Contractor. Willful
failure of the Contractor to produce within fifteen (15) Days any material requested by
the Comptroller shall constitute a waiver by the Contractor of its claim. The Comptroller
may also schedule an informal conference to be attended by the Contractor, Agency
representatives, and any other personnel desired by the Comptroller.
4. Opportunity of Comptroller to Compromise or Adjust Claim. The
Comptroller shall have forty-five (45) Days from his or her receipt of all materials
referred to in Paragraph (E)(3) above to investigate the disputed claim. The period for
investigation and compromise may be further extended by agreement between the
Contractor and the Comptroller, to a maximum of ninety (90) Days from the
Comptroller’s receipt of all the materials. The Contractor may not present its petition to
the CDRB until the period for investigation and compromise delineated in this Paragraph
has expired. In compromising or adjusting any claim hereunder, the Comptroller may not
revise or disregard the terms of the Agreement.
F. Contract Dispute Resolution Board. There shall be a Contract Dispute Resolution
Board composed of:
Appendix A (Legal Services) August 2011 Final
Page 36 of 48
1. the chief administrative law judge of the Office of Administrative Trials
and Hearings (“OATH”) or his or her designated OATH administrative law judge, who
shall act as chairperson, and may adopt operational procedures and issue such orders
consistent with this Section as may be necessary in the execution of the CDRB’s
functions, including, but not limited to, granting extensions of time to present or respond
to submissions;
2. the City Chief Procurement Officer (“CCPO”) or his or her designee; any
designee shall have the requisite background to consider and resolve the merits of the
dispute and shall not have participated personally and substantially in the particular
matter that is the subject of the dispute or report to anyone who so participated; and
3. a person with appropriate expertise who is not an employee of the City.
This person shall be selected by the presiding administrative law judge from a
prequalified panel of individuals, established, and administered by OATH, with
appropriate background to act as decision-makers in a dispute. Such individuals may not
have a contract or dispute with the City or be an officer or employee of any company or
organization that does, or regularly represent persons, companies, or organizations having
disputes with the City.
G. Petition to CDRB. In the event the claim has not been settled or adjusted by the
Comptroller within the period provided in this Section, the Contractor, within thirty (30) Days
thereafter, may petition the CDRB to review the Agency Head determination.
1. Form and Content of Petition by the Contractor. The Contractor shall
present its dispute to the CDRB in the form of a petition, which shall include (i) a brief
statement of the substance of the dispute, the amount of money, if any, claimed, and the
reason(s) the Contractor contends that the dispute was wrongly decided by the Agency
Head; (ii) a copy of the decision of the Agency Head; (iii) copies of all materials
submitted by the Contractor to the Agency; (iv) a copy of the decision of the Comptroller,
if any, and (v) copies of all correspondence with, and material submitted by the
Contractor to, the Comptroller’s Office. The Contractor shall concurrently submit four
complete sets of the petition: one to the Corporation Counsel (Attn: Commercial and Real
Estate Litigation Division), and three to the CDRB at OATH’s offices, with proof of
service on the Corporation Counsel. In addition, the Contractor shall submit a copy of the
statement of the substance of the dispute, cited in (i) above, to both the Agency Head and
the Comptroller.
2. Agency Response. Within thirty (30) Days of receipt of the petition by the
Corporation Counsel, the Agency shall respond to the statement of the Contractor and
make available to the CDRB all material it submitted to the Agency Head and
Comptroller. Three complete copies of the Agency response shall be submitted to the
CDRB at OATH’s offices and one to the Contractor. Extensions of time for submittal of
the Agency response shall be given as necessary upon a showing of good cause or, upon
the consent of the parties, for an initial period of up to thirty (30) Days.
Appendix A (Legal Services) August 2011 Final
Page 37 of 48
3. Further Proceedings. The CDRB shall permit the Contractor to present its
case by submission of memoranda, briefs, and oral argument. The CDRB shall also
permit the Agency to present its case in response to the Contractor by submission of
memoranda, briefs, and oral argument. If requested by the Corporation Counsel, the
Comptroller shall provide reasonable assistance in the preparation of the Agency’s case.
Neither the Contractor nor the Agency may support its case with any documentation or
other material that was not considered by the Comptroller, unless requested by the
CDRB. The CDRB, in its discretion, may seek such technical or other expert advice as it
shall deem appropriate and may seek, on it own or upon application of a party, any such
additional material from any party as it deems fit. The CDRB, in its discretion, may
combine more than one dispute between the parties for concurrent resolution.
4. CDRB Determination. Within forty-five (45) Days of the conclusion of
all submissions and oral arguments, the CDRB shall render a decision resolving the
dispute. In an unusually complex case, the CDRB may render its decision in a longer
period of time, not to exceed ninety (90) Days, and shall so advise the parties at the
commencement of this period. The CDRB’s decision must be consistent with the terms
of this Agreement. Decisions of the CDRB shall only resolve matters before the CDRB
and shall not have precedential effect with respect to matters not before the CDRB.
5. Notification of CDRB Decision. The CDRB shall send a copy of its
decision to the Contractor, the ACCO, the Corporation Counsel, the Comptroller, the
CCPO, and, in the case of construction or construction-related services, the City
Engineer, City Resident Engineer, City Engineering Audit Officer, or other designee of
the Agency Head. A decision in favor of the Contractor shall be subject to the prompt
payment provisions of the PPB Rules. The required payment date shall be thirty (30)
Days after the date the parties are formally notified of the CDRB’s decision.
6. Finality of CDRB Decision. The CDRB’s decision shall be final and
binding on all parties. Any party may seek review of the CDRB’s decision solely in the
form of a challenge, filed within four months of the date of the CDRB’s decision, in a
court of competent jurisdiction of the State of New York, County of New York pursuant
to Article 78 of the Civil Practice Law and Rules. Such review by the court shall be
limited to the question of whether or not the CDRB’s decision was made in violation of
lawful procedure, was affected by an error of Law, or was arbitrary and capricious or an
abuse of discretion. No evidence or information shall be introduced or relied upon in
such proceeding that was not presented to the CDRB in accordance with PPB Rules § 4-
09.
H. Any termination, cancellation, or alleged breach of the Agreement prior to or
during the pendency of any proceedings pursuant to this Section shall not affect or impair the
ability of the Agency Head or CDRB to make a binding and final decision pursuant to this
Section.
Appendix A (Legal Services) August 2011 Final
Page 38 of 48
Section 12.04 Claims and Actions
A. Any claim against the City or Department based on this Agreement or arising out
of this Agreement that is not subject to dispute resolution under the PPB Rules or this Agreement
shall not be made or asserted in any legal proceeding, unless the Contractor shall have strictly
complied with all requirements relating to the giving of notice and of information with respect to
such claims as provided in this Agreement.
B. No action shall be instituted or maintained on any such claims unless such action
shall be commenced within six (6) months after the date of filing with the Comptroller of the
certificate for the final payment under this Agreement, or within six (6) months of the
termination or expiration of this Agreement, or within six (6) months after the accrual of the
cause of action, whichever first occurs.
Section 12.05 No Claim Against Officers, Agents or Employees
No claim shall be made by the Contractor against any officer, agent, or employee of the
City in their personal capacity for, or on account of, anything done or omitted in connection with
this Agreement.
Section 12.06 General Release
The acceptance by the Contractor or its assignees of the final payment under this
Agreement, whether by check, wire transfer, or other means, and whether pursuant to invoice,
voucher, judgment of any court of competent jurisdiction or any other administrative means,
shall constitute and operate as a release of the City from any and all claims of and liability to the
Contractor, of which the Contractor was aware or should reasonably have been aware, arising out
of the performance of this Agreement based on actions of the City prior to such acceptance of
final payment, excepting any disputes that are the subject of pending dispute resolution
procedures.
Section 12.07 No Waiver
Waiver by either the Department or the Contractor of a breach of any provision of this
Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be
construed to be a modification of the terms of the Agreement unless and until the same shall be
agreed to in writing by the parties as set forth in Section 9.01.
Appendix A (Legal Services) August 2011 Final
Page 39 of 48
ARTICLE 13 - APPLICABLE LAWS
Section 13.01 PPB Rules
This Agreement is subject to the PPB Rules. In the event of a conflict between the PPB
Rules and a provision of this Agreement, the PPB Rules shall take precedence.
Section 13.02 All Legal Provisions Deemed Included
Each and every provision required by Law to be inserted in this Agreement is hereby
deemed to be a part of this Agreement, whether actually inserted or not.
Section 13.03 Severability / Unlawful Provisions Deemed Stricken
If this Agreement contains any unlawful provision not an essential part of the Agreement
and which shall not appear to have been a controlling or material inducement to the making of
this Agreement, the unlawful provision shall be deemed of no effect and shall, upon notice by
either party, be deemed stricken from the Agreement without affecting the binding force of the
remainder.
Section 13.04 Compliance With Laws
The Contractor shall perform all services under this Agreement in accordance with all
applicable Laws as are in effect at the time such services are performed.
Section 13.05 Americans with Disabilities Act (ADA)
A. This Agreement is subject to the provisions of Subtitle A of Title II of the
Americans with Disabilities Act of 1990, 42 U.S.C. § 12131 et seq. (“ADA”) and regulations
promulgated pursuant thereto, see 28 CFR Part 35. The Contractor shall not discriminate against
an individual with a disability, as defined in the ADA, in providing services, programs, or
activities pursuant to this Agreement. If directed to do so by the Department to ensure the
Contractor’s compliance with the ADA during the term of this Agreement, the Contractor shall
prepare a plan (“Compliance Plan”) which lists its program site(s) and describes in detail, how it
intends to make the services, programs and activities set forth in the scope of services herein
readily accessible and usable by individuals with disabilities at such site(s). In the event that the
program site is not readily accessible and usable by individuals with disabilities, contractor shall
also include in the Compliance Plan, a description of reasonable alternative means and methods
that result in making the services, programs or activities provided under this Agreement, readily
accessible to and usable by individuals with disabilities, including but not limited to people with
visual, auditory or mobility disabilities. The Contractor shall submit the Compliance Plan to the
ACCO for review within ten (10) Days after being directed to do so and shall abide by the
Appendix A (Legal Services) August 2011 Final
Page 40 of 48
Compliance Plan and implement any action detailed in the Compliance Plan to make the
services, programs, or activities accessible and usable by the disabled.
B. The Contractor’s failure to either submit a Compliance Plan as required herein or
implement an approved Compliance Plan may be deemed a material breach of this Agreement
and result in the City terminating this Agreement.
Section 13.06 Voter Registration
A. Participating Agencies. Pursuant to Charter § 1057-a, if this Agreement is with a
participating City agency and the Contractor has regular contact with the public in the daily
administration of its business, the Contractor must comply with the requirements of this Section.
The participating City agencies are: the Administration for Children’s Services; the City Clerk;
the Civilian Complaint Review Board; the Commission on Human Rights; Community Boards;
the Department of Small Business Services; the Department of Citywide Administrative
Services; the Department of Consumer Affairs; the Department of Correction; the Department of
Environmental Protection; the Department of Finance; the Department of Health and Mental
Health; the Department of Homeless Services; the Department of Housing Preservation and
Development; the Department of Parks and Recreation; the Department of Probation; the Taxi
and Limousine Commission; the Department of Transportation; and the Department of Youth
and Community Development.
B. Distribution of Voter Registration Forms. In accordance with Charter § 1057-a,
the Contractor, if it has regular contact with the public in the daily administration of its business
under this Agreement, hereby agrees as follows:
1. The Contractor shall provide and distribute voter registration forms to all
persons together with written applications for services, renewal, or recertification for
services and change of address relating to such services. Such voter registration forms
shall be provided to the Contractor by the City. The Contractor should be prepared to
provide forms written in Spanish or Chinese, and shall obtain a sufficient supply of such
forms from the City.
2. The Contractor shall also include a voter registration form with any
Contractor communication sent through the United States mail for the purpose of
supplying clients with materials for application, renewal, or recertification for services
and change of address relating to such services. If forms written in Spanish or Chinese
are not provided in such mailing, the Contractor shall provide such forms upon the
Department’s request.
3. The Contractor shall, subject to approval by the Department, incorporate
an opportunity to request a voter registration application into any application for services,
renewal, or recertification for services and change of address relating to such services
provided on computer terminals, the World Wide Web or the Internet. Any person
indicating that they wish to be sent a voter registration form via computer terminals, the
World Wide Web or the Internet shall be sent such a form by the Contractor or be
Appendix A (Legal Services) August 2011 Final
Page 41 of 48
directed, in a manner subject to approval by the Department, to a link on that system
where such a form may be downloaded.
4. The Contractor shall, at the earliest practicable or next regularly scheduled
printing of its own forms, subject to approval by the Department, physically incorporate
the voter registration forms with its own application forms in a manner that permits the
voter registration portion to be detached therefrom. Until such time when the Contractor
amends its form, the Contractor should affix or include a postage-paid City Board of
Elections voter registration form to or with its application, renewal, recertification, and
change of address forms.
5. The Contractor shall prominently display in its public office, subject to
approval by the Department, promotional materials designed and approved by the City or
State Board of Elections.
6. For the purposes of Paragraph A of this Section, the word “Contractor”
shall be deemed to include subcontractors having regular contact with the public in the
daily administration of their business.
7. The provisions of Paragraph A of this Section shall not apply to services
that must be provided to prevent actual or potential danger to life, health, or safety of any
individual or of the public.
C. Assistance in Completing Voter Registration Forms. In accordance with Charter
§ 1057-a, the Contractor hereby agrees as follows:
1. In the event the Department provides assistance in completing distributed
voter registration forms, the Contractor shall also provide such assistance, in the manner
and to the extent specified by the Department.
2. In the event the Department receives and transmits completed registration
forms from applicants who wish to have the forms transmitted to the City Board of
Elections, the Contractor shall similarly provide such service, in the manner and to the
extent specified by the Department.
3. If, in connection with the provision of services under this Agreement, the
Contractor intends to provide assistance in completing distributed voter registration forms
or to receive and transmit completed registration forms from applicants who wish to have
the forms transmitted to the City Board of Elections, the Contractor shall do so only by
prior arrangement with the Department.
4. The provision of Paragraph B services by the Contractor may be subject to
Department protocols, including protocols regarding confidentiality.
D. Required Statements. In accordance with Charter § 1057-a, the Contractor hereby
agrees as follows:
Appendix A (Legal Services) August 2011 Final
Page 42 of 48
1. The Contractor shall advise all persons seeking voter registration forms
and information, in writing together with other written materials provided by the
Contractor or by appropriate publicity, that the Contractor’s or government services are
not conditioned on being registered to vote.
2. No statement shall be made and no action shall be taken by the Contractor
or an employee of the Contractor to discourage an applicant from registering to vote or to
encourage or discourage an applicant from enrolling in any particular political party.
3. The Contractor shall communicate to applicants that the completion of
voter registration forms is voluntary.
4. The Contractor and the Contractor’s employees shall not:
a. seek to influence an applicant’s political preference or party
designation;
b. display any political preference or party allegiance;
c. make any statement to an applicant or take any action the purpose
or effect of which is to discourage the applicant from registering to vote; or
d. make any statement to an applicant or take any action the purpose
or effect of which is to lead the applicant to believe that a decision to register or
not to register has any bearing on the availability of services or benefits.
E. The Contractor, as defined above and in this Agreement, agrees that the covenants
and representations in this Section are material conditions of this Agreement.
F. The provisions of this Section do not apply where the services under this
Agreement are supported by a federal or State grant of funds and the source of funds prohibits
the use of federal or State funds for the purposes of this Section.
Section 13.07 Participation in an International Boycott
A. The Contractor agrees that neither the Contractor nor any substantially-owned
affiliated company is participating or shall participate in an international boycott in violation of
the provisions of the federal Export Administration Act of 1979, as amended, 50 U.S.C.
Appendix. §§ 2401 et seq., or the regulations of the United States Department of Commerce
promulgated thereunder.
B. Upon the final determination by the Commerce Department or any other agency
of the United States as to, or conviction of, the Contractor or a substantially-owned affiliated
company thereof, of participation in an international boycott in violation of the provisions of the
Export Administration Act of 1979, as amended, or the regulations promulgated thereunder, the
Comptroller may, at his or her option, render forfeit and void this Agreement.
Appendix A (Legal Services) August 2011 Final
Page 43 of 48
C. The Contractor shall comply in all respects, with the provisions of Admin. Code
§ 6-114 and the rules issued by the Comptroller thereunder.
Section 13.08 MacBride Principles
A. In accordance with and to the extent required by Admin. Code § 6-115.1, the
Contractor stipulates that the Contractor and any individual or legal entity in which the
Contractor holds a ten percent (10%) or greater ownership interest and any individual or legal
entity that holds a ten percent (10%) or greater ownership interest in the Contractor either (a)
have no business operations in Northern Ireland, or (b) shall take lawful steps in good faith to
conduct any business operations they have in Northern Ireland in accordance with the MacBride
Principles, and shall permit independent monitoring of their compliance with such principles.
B. The Contractor agrees that the covenants and representations in Paragraph A
above are material conditions to this Agreement.
C. This Section does not apply if the Contractor is a not-for-profit corporation.
Section 13.09 Access to Public Health Insurance Coverage Information
A. Participating Agencies. Pursuant to Charter § 1069, if this Agreement is with a
participating City agency and the Contractor is one to whom this Section applies as provided in
Paragraph B of this Section, the Contractor hereby agrees to fulfill the obligations in Paragraph C
of this Section. The participating City agencies are: the Administration for Children’s Services;
the City Clerk; the Commission on Human Rights; the Department for the Aging; the
Department of Corrections; the Department of Homeless Services; the Department of Housing
Preservation and Development; the Department of Juvenile Justice; the Department of Health
and Mental Hygiene; the Department of Probation; the Department of Social Services/Human
Resources Administration; the Taxi and Limousine Commission; the Department of Youth and
Community Development; the Office to Combat Domestic Violence; and the Office of
Immigrant Affairs.
B. Applicability to Certain Contractors. This Section shall be applicable to a
Contractor operating pursuant to an Agreement which (i) is in excess of $250,000 and (ii)
requires such Contractor to supply individuals with a written application for, or written renewal
or recertification of services, or request for change of address form in the daily administration of
its contractual obligation to such participating City agency. “Contractors” to whom this Section
applies shall be deemed to include subcontractors if the subcontract requires the subcontractor to
supply individuals with a written application for, or written renewal or recertification of services,
or request for change of address form in the daily administration of the subcontractor’s
contractual obligation.
C. Distribution of Public Health Insurance Pamphlet. In accordance with Charter §
1069, when the participating City agency supplies the Contractor with the public health
insurance program options pamphlet published by the Department of Health and Mental Hygiene
Appendix A (Legal Services) August 2011 Final
Page 44 of 48
pursuant to Section 17-183 of the Admin. Code (hereinafter “pamphlet”), the Contractor hereby
agrees as follows:
1. The Contractor will distribute the pamphlet to all persons requesting a
written application for services, renewal or recertification of services or request for a change of
address relating to the provision of services.
2. The Contractor will include a pamphlet with any Contractor
communication sent through the United States mail for the purpose of supplying an individual
with a written application for services, renewal or recertification of services or with a request for
a change of address form relating to the provision of services.
3. The Contractor will provide an opportunity for an individual requesting a
written application for services, renewal or recertification for services or change of address form
relating to the provision of services via the Internet to request a pamphlet, and will provide such
pamphlet by United States mail or an Internet address where such pamphlet may be viewed or
downloaded, to any person who indicates via the Internet that they wish to be sent a pamphlet.
4. The Contractor will ensure that its employees do not make any statement
to an applicant for services or client or take any action the purpose or effect of which is to lead
the applicant or client to believe that a decision to request public health insurance or a pamphlet
has any bearing on their eligibility to receive or the availability of services or benefits.
5. The Contractor will comply with: (i) any procedures established by the
participating City agency to implement Charter §1069; (ii) any determination of the
commissioner or head of the participating City agency (which is concurred in by the
commissioner of the Department of Health and Mental Hygiene) to exclude a program, in whole
or in part, from the requirements of Charter § 1069; and (iii) any determination of the
commissioner or head of the participating City agency (which is concurred in by the
commissioner of the Department of Health and Mental Hygiene) as to which Workforce
Investment Act of 1998 offices providing workforce development services shall be required to
fulfill the obligations under Charter § 1069.
D. Non-applicability to Certain Services. The provisions of this Section shall not
apply to services that must be provided to prevent actual or potential danger to the life, health or
safety of any individual or to the public.
Section 13.10 Distribution of Personal Identification Materials
A. Participating Agencies. Pursuant to City Executive Order No. 150 of 2011 (“E.O.
150”), if this Agreement is with a participating City agency and the Contractor has regular
contact with the public in the daily administration of its business, the Contractor must comply
with the requirements of this Section. The participating City agencies are: Administration for
Children's Services, Department of Consumer Affairs, Department of Correction, Department of
Health and Mental Hygiene, Department of Homeless Services, Department of Housing
Preservation and Development, Human Resources Administration, Department of Parks and
Recreation, Department of Probation, and Department of Youth and Community Development.
Appendix A (Legal Services) August 2011 Final
Page 45 of 48
B. Policy. As expressed in E.O. 150, it is the policy of the City to provide
information to individuals about how they can obtain the various forms of City, State, and
Federal government-issued identification and, where appropriate, to assist them with the process
for applying for such identification.
C. Distribution of Materials. If the Contractor has regular contact with the public in
the daily administration of its business, the Contractor hereby agrees to provide and distribute
materials and information related to whether and how to obtain various forms of City, State, and
Federal government-issued identification as the Agency directs in accordance with the Agency’s
plans developed pursuant to E.O. 150.
ARTICLE 14 - MISCELLANEOUS PROVISIONS
Section 14.01 Conditions Precedent
A. This Agreement shall be neither binding nor effective unless and until it is
registered pursuant to Charter § 328.
B. The requirements of this Section shall be in addition to, and not in lieu of, any
approval or authorization otherwise required for this Agreement to be effective and for the
expenditure of City funds.
Section 14.02 Merger
This written Agreement contains all the terms and conditions agreed upon by the parties,
and no other agreement, oral or otherwise, regarding the subject matter of this Agreement shall
be deemed to exist or to bind either of the parties, or to vary any of the terms contained in this
Agreement, other than a written change, amendment or modification duly executed by both
parties pursuant to Article 9 of this Appendix A.
Section 14.03 Headings
Headings are inserted only as a matter of convenience and therefore are not a part of and
do not affect the substance of this Agreement.
Section 14.04 Notice
A. The Contractor and the Department hereby designate the business addresses
specified at the beginning of this Agreement as the places where all notices, directions, or
communications from one such party to the other party shall be delivered, or to which they shall
be mailed. Either party may change its notice address at any time by an instrument in writing
executed and acknowledged by the party making such change and delivered to the other party in
the manner as specified below.
Appendix A (Legal Services) August 2011 Final
Page 46 of 48
B. Any notice, direction, or communication from either party to the other shall be in
writing and shall be deemed to have been given when (i) delivered personally; (ii) sent by
certified mail, return receipt requested; (iii) delivered by overnight or same day courier service in a
properly addressed envelope with confirmation; or (iv) sent by fax or email and, unless receipt of the
fax or e-mail is acknowledged by the recipient by fax or e-mail, deposited in a post office box
regularly maintained by the United States Postal Service in a properly addressed, postage pre-
paid envelope.
C. Nothing in this Section shall be deemed to serve as a waiver of any requirements
for the service of notice or process in the institution of an action or proceeding as provided by
Law, including the New York Civil Practice Law and Rules.
Appendix A (Legal Services) August 2011 Final
Page 47 of 48
AFFIRMATION
The undersigned proposer or bidder affirms and declares that said proposer or bidder is not in
arrears to the City of New York upon debt, contract or taxes and is not a defaulter, as surety or
otherwise, upon obligation to the City of New York, and has not been declared not responsible,
or disqualified, by any agency of the City of New York, nor is there any proceeding pending
relating to the responsibility or qualification of the proposer or bidder to receive public contract
except _____________________________________________________________.
Full name of Proposer or Bidder [below]
____________________________________________________________________________
Address_____________________________________________________________________
City___________________________ State_____________________ Zip Code____________
CHECK ONE BOX AND INCLUDE APPROPRIATE NUMBER:
A - Individual or Sole Proprietorships
SOCIAL SECURITY NUMBER _____________________________________
B - Partnership, Joint Venture or other unincorporated organization
EMPLOYER IDENTIFICATION NUMBER ___________________________
C - Corporation
EMPLOYER IDENTIFICATION NUMBER ___________________________
By_____________________________
Signature
_______________________________
Title
If a corporation place seal here
Must be signed by an officer or duly authorized representative.
* Under the Federal Privacy Act, the furnishing of Social Security numbers by bidders or
proposers on City contracts is voluntary. Failure to provide a Social Security number
will not result in a bidder’s/proposer’s disqualification. Social Security numbers will be
used to identify bidders, proposers or vendors to ensure their compliance with laws, to
assist the City in enforcement of laws, as well as to provide the City a means of
identifying businesses seeking City contracts.
Appendix A (Legal Services) August 2011 Final
Page 48 of 48
CERTIFICATION BY BROKER
[Pursuant to Article Seven of Appendix A, every Certificate of Insurance must be
accompanied by either the following certification by the broker setting forth the following text
and required information and signatures or complete copies of all policies referenced in the
Certificate of Insurance. In the absence of completed policies, binders are acceptable.]
CERTIFICATION BY BROKER
The undersigned insurance broker represents to the City of New York that the attached
Certificate of Insurance is accurate in all material respects, and that the described insurance is
effective as of the date of this Certification.
______________________________________________
[Name of broker (typewritten)]
______________________________________________
[Address of broker (typewritten)]
______________________________________________
[Signature of authorized officer of broker]
______________________________________________
[Name of authorized officer (typewritten)]
______________________________________________
[Title of authorized officer (typewritten)]
______________________________________________
[Contact Phone Number for Broker (typewritten)]
______________________________________________
[Email Address of Broker (typewritten)]
Sworn to before me this
_____ day of ___________, 201_
_________________________________
NOTARY PUBLIC
58
(This page left intentionally blank)
59
ATTACHMENT H- WHISTLEBLOWER PROTECTION EXPANSION ACT RIDER
LL30 and 33 Whistleblower Protection - 2 - 07/18/16 3:23 PM
WHISTLEBLOWER PROTECTION EXPANSION ACT RIDER
1. In accordance with Local Law Nos. 30-2012 and 33-2012, codified at sections 6-
132 and 12-113 of the New York City Administrative Code, respectively,
(a) Contractor shall not take an adverse personnel action with respect to an officer
or employee in retaliation for such officer or employee making a report of
information concerning conduct which such officer or employee knows or
reasonably believes to involve corruption, criminal activity, conflict of
interest, gross mismanagement or abuse of authority by any officer or
employee relating to this Contract to (i) the Commissioner of the Department
of Investigation, (ii) a member of the New York City Council, the Public
Advocate, or the Comptroller, or (iii) the City Chief Procurement Officer,
ACCO, Agency head, or Commissioner.
(b) If any of Contractor’s officers or employees believes that he or she has been
the subject of an adverse personnel action in violation of subparagraph (a) of
paragraph 1 of this rider, he or she shall be entitled to bring a cause of action
against Contractor to recover all relief necessary to make him or her whole.
Such relief may include but is not limited to: (i) an injunction to restrain
continued retaliation, (ii) reinstatement to the position such employee would
have had but for the retaliation or to an equivalent position, (iii) reinstatement
of full fringe benefits and seniority rights, (iv) payment of two times back pay,
plus interest, and (v) compensation for any special damages sustained as a
result of the retaliation, including litigation costs and reasonable attorney’s
fees.
(c) Contractor shall post a notice provided by the City in a prominent and
accessible place on any site where work pursuant to the Contract is performed
that contains information about:
(i) how its employees can report to the New York City Department of
Investigation allegations of fraud, false claims, criminality or
corruption arising out of or in connection with the Contract; and
(ii) the rights and remedies afforded to its employees under New York
City Administrative Code sections 7-805 (the New York City False
Claims Act) and 12-113 (the Whistleblower Protection Expansion Act)
for lawful acts taken in connection with the reporting of allegations of
fraud, false claims, criminality or corruption in connection with the
Contract.
(d) For the purposes of this rider, “adverse personnel action” includes dismissal,
demotion, suspension, disciplinary action, negative performance evaluation,
any action resulting in loss of staff, office space, equipment or other benefit,
failure to appoint, failure to promote, or any transfer or assignment or failure
to transfer or assign against the wishes of the affected officer or employee.
LL30 and 33 Whistleblower Protection - 3 - 07/18/16 3:23 PM
(e) This rider is applicable to all of Contractor’s subcontractors having
subcontracts with a value in excess of $100,000; accordingly, Contractor shall
include this rider in all subcontracts with a value a value in excess of
$100,000.
2. Paragraph 1 is not applicable to this Contract if it is valued at $100,000 or less.
Subparagraphs (a), (b), (d), and (e) of paragraph 1 are not applicable to this Contract if it was
solicited pursuant to a finding of an emergency. Subparagraph (c) of paragraph 1 is neither
applicable to this Contract if it was solicited prior to October 18, 2012 nor if it is a renewal of a
contract executed prior to October 18, 2012.
60
(This page left intentionally blank)
61
ATTACHMENT I- SUBCONTRACTOR COMPLIANCE NOTICE
NOTICE TO BIDDERS
As of March 2013 the City has implemented a new web based subcontractor reporting system through
the City's Payee Information Portal (PIP), available at www.nyc.gov/pip. In order to use the new system, a PIP
account will be required. Detailed instructions on creating a PIP account and using the new system are also
available at that site. Additional assistance with PIP may be received by emailing the Financial Information
Services Agency Help Desk at [email protected].
In order to obtain subcontractor approval under section 3.02 of Appendix A or Article 17 of the Standard
Construction Contract and PPB Rule § 4-13 Contractor is required to list the subcontractor in the system. For
each subcontractor listed, Contractor is required to provide the following information: maximum contract value,
description of subcontractor work, start and end date of the subcontract and identification of the subcontractor’s
industry. Thereafter, Contractor will be required to report in the system the payments made to each
subcontractor within 30 days of making the payment. If any of the required information changes throughout the
term of the contract, Contractor will be required to revise the information in the system.
Failure of the Contractor to list a subcontractor and/or to report subcontractor payments in a timely
fashion may result in the Agency declaring the Contractor in default of the Contract and will subject Contractor
to liquidated damages in the amount of $100 per day for each day that the Contractor fails to identify a
subcontractor along with the required information about the subcontractor and/or fails to report payments to a
subcontractor, beyond the time frames set forth herein or in the notice from the City. For construction contracts,
the provisions of Article 15 of the Standard Construction Contract shall govern the issue of liquidated damages.
Contractor hereby agrees to these provisions.
62
(This page left intentionally blank)
63
ATTACHMENT J- SCHEDULE B- NOTICE TO PROSPECTIVE CONTRACTORS ON
M/WBE REQUIREMENTS
06/2013
1
NOTICE TO ALL PROSPECTIVE CONTRACTORS
PARTICIPATION BY MINORITY-OWNED AND WOMEN-OWNED BUSINESS ENTERPRISES IN CITY PROCUREMENT
ARTICLE I. M/WBE PROGRAM
Local Law No. 129 of 2005 added and Local Law 1 of 2013 amended Section 6-129 of the Administrative Code of the City of New York (hereinafter “Section 6-129”). Section 6-129 establishes the program for participation in City procurement (“M/WBE Program”) by minority-owned business enterprises (“MBEs”) and women-owned business enterprises (“WBEs”), certified in accordance with Section 1304 of the New York City Charter. As stated in Section 6-129, the intent of the program is to address the impact of discrimination on the City’s procurement process, and to promote the public interest in avoiding fraud and favoritism in the procurement process, increasing competition for City business, and lowering contract costs. The contract provisions contained herein are pursuant to Section 6-129, and the rules of the Department of Small Business Services (“DSBS”) promulgated thereunder.
If this Contract is subject to the M/WBE Program established by Section 6-129, the
specific requirements of MBE and/or WBE participation for this Contract are set forth in Schedule B of the Contract (entitled the “M/WBE Utilization Plan”), and are detailed below.
The Contractor must comply with all applicable MBE and WBE requirements for
this Contract. All provisions of Section 6-129 are hereby incorporated in the Contract by reference and
all terms used herein that are not defined herein shall have the meanings given such terms in Section 6-129.
Article I, Part A, below, sets forth provisions related to the participation goals for
construction, standard and professional services contracts.
Article I, Part B, below, sets forth miscellaneous provisions related to the M/WBE Program.
PART A
PARTICIPATION GOALS FOR CONSTRUCTION, STANDARD AND PROFESSIONAL SERVICES CONTRACTS OR TASK ORDERS
1. The MBE and/or WBE Participation Goals established for this Contract or Task Orders issued pursuant to this Contract, (“Participation Goals”), as applicable, are set forth on Schedule B, Part I to this Contract (see Page 1, line 1 Total Participation Goals) or will be set forth on Schedule B, Part I to Task Orders issued pursuant to this Contract, as applicable.
06/2013
2
The Participation Goals represent a percentage of the total dollar value of the Contract or Task Order, as applicable, that may be achieved by awarding subcontracts to firms certified with New York City Department of Small Business Services as MBEs and/or WBEs, and/or by crediting the participation of prime contractors and/or qualified joint ventures as provided in Section 3 below, unless the goals have been waived or modified by Agency in accordance with Section 6-129 and Part A, Sections 10 and 11 below, respectively.
2. If Participation Goals have been established for this Contract or Task Orders issued pursuant to this Contract, Contractor agrees or shall agree as a material term of the Contract that Contractor shall be subject to the Participation Goals, unless the goals are waived or modified by Agency in accordance with Section 6-129 and Part A, Sections 10 and 11 below, respectively.
3. If Participation Goals have been established for this Contract or Task Order issued pursuant to this Contract, a Contractor that is an MBE and/or WBE shall be permitted to count its own participation toward fulfillment of the relevant Participation Goal, provided that in accordance with Section 6-129 the value of Contractor’s participation shall be determined by subtracting from the total value of the Contract or Task Order, as applicable, any amounts that the Contractor pays to direct subcontractors (as defined in Section 6-129(c)(13)), and provided further that a Contractor that is certified as both an MBE and a WBE may count its own participation either toward the goal for MBEs or the goal for WBEs, but not both.
A Contractor that is a qualified joint venture (as defined in Section 6-129(c)(30)) shall be permitted to count a percentage of its own participation toward fulfillment of the relevant Participation Goal. In accordance with Section 6-129, the value of Contractor’s participation shall be determined by subtracting from the total value of the Contract or Task Order, as applicable, any amounts that Contractor pays to direct subcontractors, and then multiplying the remainder by the percentage to be applied to total profit to determine the amount to which an MBE or WBE is entitled pursuant to the joint venture agreement, provided that where a participant in a joint venture is certified as both an MBE and a WBE, such amount shall be counted either toward the goal for MBEs or the goal for WBEs, but not both.
4. A. If Participation Goals have been established for this Contract, a prospective contractor shall be required to submit with its bid or proposal, as applicable, a completed Schedule B, M/WBE Utilization Plan, Part II (see Pages 2-4) indicating: (a) whether the contractor is an MBE or WBE, or qualified joint venture; (b) the percentage of work it intends to award to direct subcontractors; and (c) in cases where the contractor intends to award direct subcontracts, a description of the type and dollar value of work designated for participation by MBEs and/or WBEs, and the time frames in which such work is scheduled to begin and end. In the event that this M/WBE Utilization Plan indicates that the bidder or proposer, as applicable, does not intend to meet the Participation Goals, the bid or proposal, as applicable, shall be deemed non-responsive, unless Agency has granted the bidder or proposer, as applicable, a pre-award waiver of the Participation Goals in accordance with Section 6-129 and Part A, Section 10 below.
B. (i) If this Contract is for a master services agreement or other requirements type contract that will result in the issuance of Task Orders that will be individually registered (“Master Services Agreement”) and is subject to M/WBE Participation Goals, a prospective
06/2013
3
contractor shall be required to submit with its bid or proposal, as applicable, a completed Schedule B, M/WBE Participation Requirements for Master Services Agreements That Will Require Individually Registered Task Orders, Part II (page 2) indicating the prospective contractor’s certification and required affirmations to make all reasonable good faith efforts to meet participation goals established on each individual Task Order issued pursuant to this Contract, or if a partial waiver is obtained or such goals are modified by the Agency, to meet the modified Participation Goals by soliciting and obtaining the participation of certified MBE and/or WBE firms. In the event that the Schedule B indicates that the bidder or proposer, as applicable, does not intend to meet the Participation Goals that may be established on Task Orders issued pursuant to this Contract, the bid or proposal, as applicable, shall be deemed non-responsive.
(ii) Participation Goals on a Master Services Agreement will be established for individual Task Orders issued after the Master Services Agreement is awarded. If Participation Goals have been established on a Task Order, a contractor shall be required to submit a Schedule B – M/WBE Utilization Plan For Independently Registered Task Orders That Are Issued Pursuant to Master Services Agreements, Part II (see Pages 2-4) indicating: (a) whether the contractor is an MBE or WBE, or qualified joint venture; (b) the percentage of work it intends to award to direct subcontractors; and (c) in cases where the contractor intends to award direct subcontracts, a description of the type and dollar value of work designated for participation by MBEs and/or WBEs, and the time frames in which such work is scheduled to begin and end. The contractor must engage in good faith efforts to meet the Participation Goals as established for the Task Order unless Agency has granted the contractor a pre-award waiver of the Participation Goals in accordance with Section 6-129 and Part A, Section 10 below.
C. THE BIDDER/PROPOSER MUST COMPLETE THE SCHEDULE B INCLUDED HEREIN (SCHEDULE B, PART II). A SCHEDULE B SUBMITTED BY THE BIDDER/PROPOSER WHICH DOES NOT INCLUDE THE VENDOR CERTIFICATION AND REQUIRED AFFIRMATIONS (SEE SECTION V OF PART II) WILL BE DEEMED TO BE NON-RESPONSIVE, UNLESS A FULL WAIVER OF THE PARTICIPATION GOALS IS GRANTED (SCHEDULE B, PART III). IN THE EVENT THAT THE CITY DETERMINES THAT THE BIDDER/PROPOSER HAS SUBMITTED A SCHEDULE B WHERE THE VENDOR CERTIFICATION AND REQUIRED AFFIRMATIONS ARE COMPLETED BUT OTHER ASPECTS OF THE SCHEDULE B ARE NOT COMPLETE, OR CONTAIN A COPY OR COMPUTATION ERROR THAT IS AT ODDS WITH THE VENDOR CERTIFICATION AND AFFIRMATIONS, THE BIDDER/PROPOSER WILL BE NOTIFIED BY THE AGENCY AND WILL BE GIVEN FOUR (4) CALENDAR DAYS FROM RECEIPT OF NOTIFICATION TO CURE THE SPECIFIED DEFICIENCIES AND RETURN A COMPLETED SCHEDULE B TO THE AGENCY. FAILURE TO DO SO WILL RESULT IN A DETERMINATION THAT THE BID/PROPOSAL IS NON-RESPONSIVE. RECEIPT OF NOTIFICATION IS DEFINED AS THE DATE NOTICE IS E-MAILED OR FAXED (IF THE BIDDER/PROPOSER HAS PROVIDED AN E-MAIL ADDRESS OR FAX NUMBER), OR NO LATER THAN FIVE (5) CALENDAR DAYS FROM THE DATE OF MAILING OR UPON DELIVERY, IF DELIVERED. 5. Where an M/WBE Utilization Plan has been submitted, the Contractor shall, within 30 days of issuance by Agency of a notice to proceed, submit a list of proposed persons or entities to which it intends to award subcontracts within the subsequent 12 months. In the case of multi-year contracts, such list shall also be submitted every year thereafter. The Agency may also require the Contractor to report periodically about the contracts awarded by its direct
06/2013
4
subcontractors to indirect subcontractors (as defined in Section 6-129(c)(22)). PLEASE NOTE: If this Contract is a public works project subject to GML §101(5) (i.e., a contract valued at or below $3M for projects in New York City) or if the Contract is subject to a project labor agreement in accordance with Labor Law §222, and the bidder is required to identify at the time of bid submission its intended subcontractors for the Wicks trades (plumbing and gas fitting; steam heating, hot water heating, ventilating and air conditioning (HVAC); and electric wiring), the Contractor must identify all those to which it intends to award construction subcontracts for any portion of the Wicks trade work at the time of bid submission, regardless of what point in the life of the contract such subcontracts will occur. In identifying intended subcontractors in the bid submission, bidders may satisfy any Participation Goals established for this Contract by proposing one or more subcontractors that are MBEs and/or WBEs for any portion of the Wicks trade work. In the event that the Contractor’s selection of a subcontractor is disapproved, the Contractor shall have a reasonable time to propose alternate subcontractors.
6. MBE and WBE firms must be certified by DSBS in order for the Contractor to credit such firms’ participation toward the attainment of the Participation Goals. Such certification must occur prior to the firms’ commencement of work. A list of MBE and WBE firms may be obtained from the DSBS website at www.nyc.gov/buycertified, by emailing DSBS at [email protected], by calling (212) 513-6356, or by visiting or writing DSBS at 110 William St., New York, New York, 10038, 7th floor. Eligible firms that have not yet been certified may contact DSBS in order to seek certification by visiting www.nyc.gov/getcertified, emailing [email protected], or calling the DSBS certification helpline at (212) 513-6311. A firm that is certified as both an MBE and a WBE may be counted either toward the goal for MBEs or the goal for WBEs, but not both. No credit shall be given for participation by a graduate MBE or graduate WBE, as defined in Section 6-129(c)(20).
7. Where an M/WBE Utilization Plan has been submitted, the Contractor shall, with each voucher for payment, and/or periodically as Agency may require, submit statements, certified under penalty of perjury, which shall include, but not be limited to,: the total amount the Contractor paid to its direct subcontractors, and, where applicable pursuant to Section 6-129(j), the total amount direct subcontractors paid to indirect subcontractors; the names, addresses and contact numbers of each MBE or WBE hired as a subcontractor by the Contractor, and, where applicable, hired by any of the Contractor’s direct subcontractors; and the dates and amounts paid to each MBE or WBE. The Contractor shall also submit, along with its voucher for final payment: the total amount it paid to subcontractors, and, where applicable pursuant to Section 6-129(j), the total amount its direct subcontractors paid directly to their indirect subcontractors; and a final list, certified under penalty of perjury, which shall include the name, address and contact information of each subcontractor that is an MBE or WBE, the work performed by, and the dates and amounts paid to each.
8. If payments made to, or work performed by, MBEs or WBEs are less than the amount specified in the Contractor’s M/WBE Utilization Plan, Agency shall take appropriate action, in accordance with Section 6-129 and Article II below, unless the Contractor has obtained a modification of its M/WBE Utilization Plan in accordance with Section 6-129 and Part A, Section 11 below.
06/2013
5
9. Where an M/WBE Utilization Plan has been submitted, and the Contractor requests a change order the value of which exceeds the greater of 10 percent of the Contract or Task Order, as applicable, or $500,000, Agency shall review the scope of work for the Contract or Task Order, as applicable, and the scale and types of work involved in the change order, and determine whether the Participation Goals should be modified.
10. Pre-award waiver of the Participation Goals. (a) A bidder or proposer, or contractor with respect to a Task Order, may seek a pre-award full or partial waiver of the Participation Goals in accordance with Section 6-129, which requests that Agency change one or more Participation Goals on the grounds that the Participation Goals are unreasonable in light of the availability of certified firms to perform the services required, or by demonstrating that it has legitimate business reasons for proposing a lower level of subcontracting in its M/WBE Utilization Plan.
(b) To apply for a full or partial waiver of the Participation Goals, a bidder, proposer, or contractor, as applicable, must complete Part III (Page 5) of Schedule B and submit such request no later than seven (7) calendar days prior to the date and time the bids, proposals, or Task Orders are due, in writing to the Agency by email at ______________________ or via facsimile at ( ) ______________________. Bidders, proposers, or contractors, as applicable, who have submitted requests will receive an Agency response by no later than two (2) calendar days prior to the due date for bids, proposals, or Task Orders; provided, however, that if that date would fall on a weekend or holiday, an Agency response will be provided by close-of-business on the business day before such weekend or holiday date.
(c) If the Agency determines that the Participation Goals are unreasonable in light of the availability of certified firms to perform the services required, it shall revise the solicitation and extend the deadline for bids and proposals, or revise the Task Order, as applicable.
(d) Agency may grant a full or partial waiver of the Participation Goals to a bidder, proposer or contractor, as applicable, who demonstrates—before submission of the bid, proposal or Task Order, as applicable—that it has legitimate business reasons for proposing the level of subcontracting in its M/WBE Utilization Plan. In making its determination, Agency shall consider factors that shall include, but not be limited to, whether the bidder, proposer or contractor, as applicable, has the capacity and the bona fide intention to perform the Contract without any subcontracting, or to perform the Contract without awarding the amount of subcontracts represented by the Participation Goals. In making such determination, Agency may consider whether the M/WBE Utilization Plan is consistent with past subcontracting practices of the bidder, proposer or contractor, as applicable, whether the bidder, proposer or contractor, as applicable, has made efforts to form a joint venture with a certified firm, and whether the bidder, proposer, or contractor, as applicable, has made good faith efforts to identify other portions of the Contract that it intends to subcontract.
11. Modification of M/WBE Utilization Plan. (a) A Contractor may request a modification of its M/WBE Utilization Plan after award of this Contract. PLEASE NOTE: If this Contract is a public works project subject to GML §101(5) (i.e., a contract valued at or below $3M for projects in New York City) or if the Contract is subject to a project labor agreement in accordance with Labor Law §222, and the bidder is required to identify at the time of bid
06/2013
6
submission its intended subcontractors for the Wicks trades (plumbing and gas fitting; steam heating, hot water heating, ventilating and air conditioning (HVAC); and electric wiring), the Contractor may request a Modification of its M/WBE Utilization Plan as part of its bid submission. The Agency may grant a request for Modification of a Contractor’s M/WBE Utilization Plan if it determines that the Contractor has established, with appropriate documentary and other evidence, that it made reasonable, good faith efforts to meet the Participation Goals. In making such determination, Agency shall consider evidence of the following efforts, as applicable, along with any other relevant factors:
(i) The Contractor advertised opportunities to participate in the Contract, where appropriate, in general circulation media, trade and professional association publications and small business media, and publications of minority and women’s business organizations;
(ii) The Contractor provided notice of specific opportunities to participate in the Contract, in a timely manner, to minority and women’s business organizations;
(iii) The Contractor sent written notices, by certified mail or facsimile, in a timely manner, to advise MBEs or WBEs that their interest in the Contract was solicited;
(iv) The Contractor made efforts to identify portions of the work that could be substituted for portions originally designated for participation by MBEs and/or WBEs in the M/WBE Utilization Plan, and for which the Contractor claims an inability to retain MBEs or WBEs;
(v) The Contractor held meetings with MBEs and/or WBEs prior to the date their bids or proposals were due, for the purpose of explaining in detail the scope and requirements of the work for which their bids or proposals were solicited;
(vi) The Contractor made efforts to negotiate with MBEs and/or WBEs as relevant to perform specific subcontracts, or act as suppliers or service providers;
(vii) Timely written requests for assistance made by the Contractor to Agency’s M/WBE liaison officer and to DSBS;
(viii) Description of how recommendations made by DSBS and Agency were acted upon and an explanation of why action upon such recommendations did not lead to the desired level of participation of MBEs and/or WBEs.
Agency’s M/WBE officer shall provide written notice to the Contractor of the determination.
(b) The Agency may modify the Participation Goals when the scope of the work has been changed by the Agency in a manner that affects the scale and types of work that the Contractor indicated in its M/WBE Utilization Plan would be awarded to subcontractors.
06/2013
7
12. If this Contract is for an indefinite quantity of construction, standard or professional services or is a requirements type contract and the Contractor has submitted an M/WBE Utilization Plan and has committed to subcontract work to MBEs and/or WBEs in order to meet the Participation Goals, the Contractor will not be deemed in violation of the M/WBE Program requirements for this Contract with regard to any work which was intended to be subcontracted to an MBE and/or WBE to the extent that the Agency has determined that such work is not needed. 13. If Participation Goals have been established for this Contract or a Task Order issued pursuant to this Contract, at least once annually during the term of the Contract or Task Order, as applicable, Agency shall review the Contractor’s progress toward attainment of its M/WBE Utilization Plan, including but not limited to, by reviewing the percentage of work the Contractor has actually awarded to MBE and/or WBE subcontractors and the payments the Contractor made to such subcontractors. 14. If Participation Goals have been established for this Contract or a Task Order issued pursuant to this Contract, Agency shall evaluate and assess the Contractor’s performance in meeting those goals, and such evaluation and assessment shall become part of the Contractor’s overall contract performance evaluation.
PART B
MISCELLANEOUS
1. The Contractor shall take notice that, if this solicitation requires the establishment of a M/WBE Utilization Plan, the resulting contract may be audited by DSBS to determine compliance with Section 6-129. See §6-129(e)(10). Furthermore, such resulting contract may also be examined by the City’s Comptroller to assess compliance with the M/WBE Utilization Plan.
2. Pursuant to DSBS rules, construction contracts that include a requirement for a M/WBE Utilization Plan shall not be subject to the law governing Locally Based Enterprises set forth in Section 6-108.1 of the Administrative Code of the City of New York.
3. DSBS is available to assist contractors and potential contractors in determining the availability of MBEs and/or WBEs to participate as subcontractors, and in identifying opportunities that are appropriate for participation by MBEs and/or WBEs in contracts.
4. Prospective contractors are encouraged to enter into qualified joint venture agreements with MBEs and/or WBEs as defined by Section 6-129(c)(30).
5. By submitting a bid or proposal the Contractor hereby acknowledges its understanding of the M/WBE Program requirements set forth herein and the pertinent provisions of Section 6-129, and any rules promulgated thereunder, and if awarded this Contract, the Contractor hereby agrees to comply with the M/WBE Program requirements of this Contract and pertinent provisions of Section 6-129, and any rules promulgated thereunder, all of which shall be deemed to be material terms of this Contract. The Contractor hereby agrees to make all reasonable, good
06/2013
8
faith efforts to solicit and obtain the participation of MBEs and/or WBEs to meet the required Participation Goals.
ARTICLE II. ENFORCEMENT
1. If Agency determines that a bidder or proposer, as applicable, has, in relation to this procurement, violated Section 6-129 or the DSBS rules promulgated pursuant to Section 6-129, Agency may disqualify such bidder or proposer, as applicable, from competing for this Contract and the Agency may revoke such bidder’s or proposer’s prequalification status, if applicable.
2. Whenever Agency believes that the Contractor or a subcontractor is not in compliance with Section 6-129 or the DSBS rules promulgated pursuant to Section 6-129, or any provision of this Contract that implements Section 6-129, including, but not limited to any M/WBE Utilization Plan, Agency shall send a written notice to the Contractor describing the alleged noncompliance and offering the Contractor an opportunity to be heard. Agency shall then conduct an investigation to determine whether such Contractor or subcontractor is in compliance.
3. In the event that the Contractor has been found to have violated Section 6-129, the DSBS rules promulgated pursuant to Section 6-129, or any provision of this Contract that implements Section 6-129, including, but not limited to, any M/WBE Utilization Plan, Agency may determine that one of the following actions should be taken:
(a) entering into an agreement with the Contractor allowing the Contractor to cure the violation;
(b) revoking the Contractor's pre-qualification to bid or make proposals for future contracts;
(c) making a finding that the Contractor is in default of the Contract;
(d) terminating the Contract;
(e) declaring the Contractor to be in breach of Contract;
(f) withholding payment or reimbursement;
(g) determining not to renew the Contract;
(h) assessing actual and consequential damages;
(i) assessing liquidated damages or reducing fees, provided that liquidated damages may be based on amounts representing costs of delays in carrying out the purposes of the M/WBE Program, or in meeting the purposes of the Contract, the costs of meeting utilization goals through additional procurements, the administrative costs of investigation and enforcement, or other factors set forth in the Contract;
06/2013
9
(j) exercising rights under the Contract to procure goods, services or construction from another contractor and charge the cost of such contract to the Contractor that has been found to be in noncompliance; or
(k) taking any other appropriate remedy.
4. If an M/WBE Utilization Plan has been submitted, and pursuant to this Article II, Section 3, the Contractor has been found to have failed to fulfill its Participation Goals contained in its M/WBE Utilization Plan or the Participation Goals as modified by Agency pursuant to Article I, Part A, Section 11, Agency may assess liquidated damages in the amount of ten percent (10%) of the difference between the dollar amount of work required to be awarded to MBE and/or WBE firms to meet the Participation Goals and the dollar amount the Contractor actually awarded and paid, and/or credited, to MBE and/or WBE firms. In view of the difficulty of accurately ascertaining the loss which the City will suffer by reason of Contractor’s failure to meet the Participation Goals, the foregoing amount is hereby fixed and agreed as the liquidated damages that the City will suffer by reason of such failure, and not as a penalty. Agency may deduct and retain out of any monies which may become due under this Contract the amount of any such liquidated damages; and in case the amount which may become due under this Contract shall be less than the amount of liquidated damages suffered by the City, the Contractor shall be liable to pay the difference. 5. Whenever Agency has reason to believe that an MBE and/or WBE is not qualified for certification, or is participating in a contract in a manner that does not serve a commercially useful function (as defined in Section 6-129(c)(8)), or has violated any provision of Section 6-129, Agency shall notify the Commissioner of DSBS who shall determine whether the certification of such business enterprise should be revoked.
6. Statements made in any instrument submitted to Agency pursuant to Section 6-129 shall be submitted under penalty of perjury and any false or misleading statement or omission shall be grounds for the application of any applicable criminal and/or civil penalties for perjury. The making of a false or fraudulent statement by an MBE and/or WBE in any instrument submitted pursuant to Section 6-129 shall, in addition, be grounds for revocation of its certification.
7. The Contractor's record in implementing its M/WBE Utilization Plan shall be a factor in the evaluation of its performance. Whenever Agency determines that a Contractor's compliance with an M/WBE Utilization Plan has been unsatisfactory, Agency shall, after consultation with the City Chief Procurement Officer, file an advice of caution form for inclusion in VENDEX as caution data.
64
(This page left intentionally blank)
65
ATTACHMENT K- SCHEDULE B- M/WBE UTILIZATION PLAN
Page 1 of 6
Tax ID #: APT E-PIN #: 05717P0001
THE CITY OF NEW YORK
SCHEDULE B – M/WBE Utilization PlanPart I: M/WBE Participation Goals
Part I to be completed by contracting agencyContract Overview
APT E- Pin # 05717P0001 FMS Project ID#:Project Title/ Agency PIN # IT Communications Systems Maintenance, Upgrade, and Repair- Pin No. 057170000514Bid/Proposal Response Date
Contracting Agency FDNY
Agency Address 9 MetroTech Center City Brooklyn State NY Zip Code 11105
Contact Person Edward Woda Title Contract AnalystTelephone # 718-999-8162 Email [email protected]
Project Description (attach additional pages if necessary)
The FDNY seeks the services of a Contractor to provide preventative maintenance, repair, and on-call systems technical, engineering upgrade and systems integration services for FDNY IT and Communications systems.
M/WBE Participation Goals for ServicesEnter the percentage amount for each group or for an unspecified goal. Please note that there are no goals for Asian Americans in Professional Services.
Prime Contract Industry: Standard Services - IT-Related
Group Percentage
Unspecified 10%
or
Black American 0%
Hispanic American 0%
Asian American 0%
Women 0%
Total Participation Goals 10%
Page 2 of 6
Tax ID #: APT E-PIN #: 05717P0001
SCHEDULE B - Part II: M/WBE Participation Plan
Part II to be completed by the bidder/proposer.Please note: For Non-M/WBE Prime Contractors who will NOT subcontract any services and will self-perform the entire contract, you must obtain a FULL waiver by completing the Waiver Application on pages 5 and 6 and timely submitting it to the contracting agency pursuant to the Notice to Prospective Contractors. Once a FULL WAIVER is granted, it must be included with your bid or proposal and you do not have to complete or submit this form with your bid or proposal.
Section I: Prime Contractor Contact Information
Tax ID # FMS Vendor ID #
Business Name Contact Person
Address
Telephone # Email
Section II: M/WBE Utilization Goal Calculation: Check the applicable box and complete subsection.
PRIME CONTRACTOR ADOPTING AGENCY M/WBE PARTICIPATION GOALS
For Prime Contractors (including Qualified Joint Ventures and M/WBE firms) adopting Agency M/WBE Participation Goals.
Calculate the total dollar value of your total bid that you agree will be awarded to M/WBE subcontractors for services and/or credited to an M/WBE prime contractor or Qualified Joint Venture.
Please review the Notice to Prospective Contractors for more information on how to obtain credit for M/WBE participation.
Total Bid/Proposal Value
Agency Total Participation Goals
(Line 1, Page 1)
Calculated M/WBE Participation Amount
$ X =$ Line 2
PRIME CONTRACTOR OBTAINED PARTIAL WAIVER APPROVAL: ADOPTING MODIFIED M/WBE PARTICIPATION GOALS
For Prime Contractors (including Qualified Joint Ventures and M/WBE firms) adopting Modified M/WBE Participation Goals.
Calculate the total dollar value of your total bid that you agree will be awarded to M/WBE subcontractors for services and/or credited to an M/WBE prime contractor or Qualified Joint Venture.
Please review the Notice to Prospective Contractors for more information on how to obtain credit for M/WBE participation.
Total Bid/Proposal Value
Adjusted Participation Goal
(From Partial Waiver)
Calculated M/WBE Participation Amount
$ X =$ Line 3
Page 3 of 6
Tax ID #: APT E-PIN #: 05717P0001
Section III: M/WBE Utilization Plan: How Proposer/Bidder Will Fulfill M/WBE Participation Goals. Please review the Notice to Prospective Contractors for more information on how to obtain credit for M/WBE participation. Check applicable box. The Proposer or Bidder will fulfill the M/WBE Participation Goals:
As an M/WBE Prime Contractor that will self-perform and/or subcontract to other M/WBE firms a portion of the contract the value of which is at least the amount located on Lines 2 or 3 above, as applicable. The value of any work subcontracted to non-M/WBE firms will not be credited towards fulfillment of M/WBE Participation Goals. Please check all that apply to Prime Contractor:
MBE WBE As a Qualified Joint Venture with an M/WBE partner, in which the value of the M/WBE partner’s participation and/or the
value of any work subcontracted to other M/WBE firms is at least the amount located on Lines 2 or 3 above, as applicable. The value of any work subcontracted to non M/WBE firms will not be credited towards fulfillment of M/WBE Participation Goals.
As a non M/WBE Prime Contractor that will enter into subcontracts with M/WBE firms the value of which is at least the amount located on Lines 2 or 3 above, as applicable.
Section IV: General Contract Information
What is the expected percentage of the total contract dollar value that you expect to award in subcontracts for services, regardless of M/WBE status? % ____
Scopes of Subcontract Work
Enter brief description of the type(s) and dollar value of subcontracts for all/any services you plan on subcontracting if awarded this contract. For each item, indicate whether the work is designated for participation by MBEs and/or WBEs and the time frame in which such work is scheduled to begin and end. Use additional sheets if necessary.
1._______________________________________________________2._______________________________________________________3._______________________________________________________4._______________________________________________________5._______________________________________________________6._______________________________________________________7._______________________________________________________8._______________________________________________________9. ______________________________________________________10.______________________________________________________11.______________________________________________________12.______________________________________________________13.______________________________________________________14.______________________________________________________15.______________________________________________________16.______________________________________________________17.______________________________________________________
Page 4 of 6
Tax ID #: APT E-PIN #: 05717P0001
Section V: Vendor Certification and Required Affirmations
I hereby:1) acknowledge my understanding of the M/WBE participation requirements as set forth herein and the pertinent provisions of Section 6-129 of the Administrative Code of the City of New York (“Section 6-129”), and the rules promulgated thereunder; 2) affirm that the information supplied in support of this M/WBE Utilization Plan is true and correct; 3) agree, if awarded this Contract, to comply with the M/WBE participation requirements of this Contract, the pertinent provisions of Section 6-129, and the rules promulgated thereunder, all of which shall be deemed to be material terms of this Contract; 4) agree and affirm that it is a material term of this Contract that the Vendor will award the total dollar value of the M/WBE Participation Goals to certified MBEs and/or WBEs, unless a full waiver is obtained or such goals aremodified by the Agency; and 5) agree and affirm, if awarded this Contract, to make all reasonable, good faith efforts to meet the M/WBE Participation Goals, or If a partial waiver is obtained or such goals are modified by the Agency, to meet the modified Participation Goals by soliciting and obtaining the participation of certified MBE and/or WBE firms.
Signature Date
Print Name Title
Page 5 of 6
Tax ID #: APT E-PIN #: 05717P0001
SCHEDULE B – PART III – REQUEST FOR WAIVER OF M/WBE PARTICIPATION REQUIREMENT M/WBE PARTICIPATION GOALS
Contract Overview
Tax ID # FMS Vendor ID #
Business Name
Contact Name Telephone # Email
Type of Procurement Competitive Sealed Bids Other Bid/Response Due Date
APT E-PIN # (for this procurement):_______05717P0001________________ Contracting Agency: FDNY
M/WBE Participation Goals as described in bid/solicitation documents
10%Agency M/WBE Participation Goal
Proposed M/WBE Participation Goal as anticipated by vendor seeking waiver
% of the total contract value anticipated in good faith by the bidder/proposer to be subcontracted for services and/or credited to an M/WBE Prime Contractor or Qualified Joint Venture.
Basis for Waiver Request: Check appropriate box & explain in detail below (attach additional pages if needed)
Vendor does not subcontract services, and has the capacity and good faith intention to perform all such work itself with its own employees.
Vendor subcontracts some of this type of work but at a lower % than bid/solicitation describes, and has the capacity and good faith intention to do so on this contract. (Attach subcontracting plan outlining services that the vendor will self-perform and subcontract to other vendors or consultants.)
Vendor has other legitimate business reasons for proposing the M/WBE Participation Goal above. Explain under separate cover.
ReferencesList 3 most recent contracts performed for NYC agencies (if any). Include information for each subcontract awarded in performance of such contracts. Add more pages if necessary.
CONTRACT NO. AGENCY DATE COMPLETED
Total Contract Amount $
Total Amount Subcontracted $
Item of Work Subcontracted and
Value of subcontract
Item of Work Subcontracted and
Value of subcontract
Item of Work Subcontracted and
Value of subcontract
CONTRACT NO. AGENCY DATE COMPLETED
Total Contract Amount $
Total Amount Subcontracted $
Item of Work Subcontracted and
Value of subcontract
Item of Work Subcontracted and
Value of subcontract
Item of Work Subcontracted and
Value of subcontract
CONTRACT NO. AGENCY DATE COMPLETED
Total Contract Amount $
Total Amount Subcontracted $
Item of Work Subcontracted and
Value of subcontract
Item of Work Subcontracted and
Value of subcontract
Item of Work Subcontracted and
Value of subcontract
Page 6 of 6
Tax ID #: APT E-PIN #: 05717P0001
List 3 most recent contracts performed for other entities. Include information for each subcontract awarded in performance of such contracts. Add more pages if necessary.
(Complete ONLY if vendor has performed fewer than 3 New York City contracts.)
TYPE OF Contract AGENCY/ENTITY DATE COMPLETED
Manager at agency/entity that hired vendor (Name/Phone No./Email)
Total Contract Amount $
Total Amount Subcontracted $
Type of Work Subcontracted
TYPE OF Contract AGENCY/ENTITY DATE COMPLETED
Manager at agency/entity that hired vendor (Name/Phone No./Email)
Total Contract Amount $
Total Amount Subcontracted $
Item of Work Subcontracted
and Value of subcontract
Item of Work Subcontracted
and Value of subcontract
Item of Work Subcontracted and
Value of subcontract
TYPE OF Contract AGENCY/ENTITY DATE COMPLETED
Manager at agency/entity that hired vendor (Name/Phone No./Email)
Total Contract Amount $
Total Amount Subcontracted $
Item of Work Subcontracted
and Value of subcontract
Item of Work Subcontracted
and Value of subcontract
Item of Work Subcontracted and
Value of subcontract
VENDOR CERTIFICATION: I hereby affirm that the information supplied in support of this waiver request is true and correct, and that this request is made in good faith.
Signature: Date:
Print Name: Title:
Shaded area below is for agency completion only
AGENCY CHIEF CONTRACTING OFFICER APPROVAL
Signature: Date:
CITY CHIEF PROCUREMENT OFFICER APPROVAL
Signature: _______________________________________________ Date: _____________________________
Waiver Determination
Full Waiver Approved: Waiver Denied: Partial Waiver Approved: Revised Participation Goal:_____%
66
(This page left intentionally blank)
67
ATTACHMENT L- IRAN DIVESTMENT ACT COMPLIANCE RIDER
IRAN DIVESTMENT ACT COMPLIANCE RIDER FORNEW YORK CITY CONTRACTORS
The Iran Divestment Act of 2012, effective as of April 12,2012, is codified at State
Finance Law ("SFL") $165-a and General Municipal Law ("GML") $103-9. The lran
Divestment Act, with certain exceptionso prohibits municipalÍties, including the City' from
entering into contracts with persons engaged in investment activities in the energy sector of
Iran. Pursuant to the terms set forth in SFL $f65-a and GML $103-g, a person engages in
investment activities in the energy sector of Iran if:
(a) the person provides goods or services of twenty million dollars
or more in the energy sector of lran, including a person that provides oil or
liquefied natural gas tankers, or products used to construct or maintain
pipelines used to transport oil or liquefied natural gas, for the energy sector
oflran; or
(b) The person is a financial institution that extends twenty million
dollars or more in credit to another person' for forty-live days or more, if
that person will use the credit to provide goods or services in the energy
sector in Iran and is identified on a list created pursuant to paragraph (b) of
subdivision three of Section 165-a of the State Finance Law and maintained
by the Commissioner of the Office of General Services.
A bid or proposal shall not be considered for award nor shall any award be made
where the bidder or proposer fails to submit a signed and verified bidder's certification.
Each bidder or proposer must certiff that it is not on the list of entities engaged in
investment activities in Iran created pursuant to paragraph (b) of subdivision 3 of Section
165-a of the State Finance Law. In any case where the bidder or proposer cannot certify
that they are not on such list, the bidder or proposer shall so state and shall furnish with
the bid or proposal a signed statement which sets forth in detail the reasons why such
statement cannot be made. The City of New York may award a bid to a bidder who cannot
make the certification on a case by case basis if:
(1) The investment activities in lran were made before the effective date
of this section (i.e., April l2r20l2)rthe investment activities in Iran have not been expanded
or renewed after the effective date of this section and the person has adopted, publicized
and is implementing a formal plan to cease the investment activities in lran and to refrain
from engaging in any new investments in lran: or
(2) The City makes a determination that the goods or services are
necessary for the City to perform its functions and that, absent such an exemption, the City
would be unable to obtain the goods or serryices for which the contract is offered. Such
determination shall be made in writing and shall be a public document.
-2
BIDDER'S CERTIFICATION OF COMPLIANCE \ilITHIRAN DIVESTMENT
Pursuant to General Municipal Law $103-9, which generally prohibits the City from entering
into contracts with persons engaged in investment activities in the energy sector of Iran, the
bidder/proposer submits the following certihcation:
lPlease Check Onel
BIDDER'S CERTIFICATION
n By submission of this bid or proposal, each bidder/proposer and each person signing on
behalf of any bidder/proposer certifies, and in the case of a joint bid each party thereto
certifies as to its own organization, under penalty of perjury, that to the best of itsknowledge and belief, that each bidderþroposer is not on the list created pursuant toparagraph (b) of subdivision 3 of Section 165-a of the State Finance Law.
tr I am unable to certify that my name and the name of the bidder/proposer does not appear
on the list created pursuant to paragraph (b) of subdivision 3 of Section 165-a of the State
Finance Law. I have attached a signed statement setting forth in detail why I cannot so
certify.
Dated New York,20
SIGNATURE
PRINTED NAME
TITLE
Sworn to before me thisda y ot-, 20-
Notary Public
Dated:
-3-
68
(This page left intentionally blank)
69
ATTACHMENT M- PAID SICK LEAVE LAW COMPLIANCE RIDER
PAID SICK LEAVE LAW CONTRACT RIDER Introduction and General Provisions The Earned Sick Time Act, also known as the Paid Sick Leave Law (“PSLL”), requires covered employees who annually perform more than 80 hours of work in New York City to be provided with paid sick time.1 Contractors of the City of New York or of other governmental entities may be required to provide sick time pursuant to the PSLL. The PSLL became effective on April 1, 2014, and is codified at Title 20, Chapter 8, of the New York City Administrative Code. It is administered by the City’s Department of Consumer Affairs (“DCA”); DCA’s rules promulgated under the PSLL are codified at Chapter 7 of Title 6 of the Rules of the City of New York (“Rules”). Contractor agrees to comply in all respects with the PSLL and the Rules, and as amended, if applicable, in the performance of this agreement. Contractor further acknowledges that such compliance is a material term of this agreement and that failure to comply with the PSLL in performance of this agreement may result in its termination. Contractor must notify the Agency Chief Contracting Officer of the City agency or other entity with whom it is contracting in writing within ten (10) days of receipt of a complaint (whether oral or written) regarding the PSLL involving the performance of this agreement. Additionally, Contractor must cooperate with DCA’s education efforts and must comply with DCA’s subpoenas and other document demands as set forth in the PSLL and Rules. The PSLL is summarized below for the convenience of Contractor. Contractor is advised to review the PSLL and Rules in their entirety. On the website www.nyc.gov/PaidSickLeave there are links to the PSLL and the associated Rules as well as additional resources for employers, such as Frequently Asked Questions, timekeeping tools and model forms, and an event calendar of upcoming presentations and webinars at which Contractor can get more information about how to comply with the PSLL. Contractor acknowledges that it is responsible for compliance with the PSLL notwithstanding any inconsistent language contained herein. Pursuant to the PSLL and the Rules: Applicability, Accrual, and Use An employee who works within the City of New York for more than eighty hours in any consecutive 12-month period designated by the employer as its “calendar year” pursuant to the PSLL (“Year”) must be provided sick time. Employers must provide a minimum of one hour of sick time for every 30 hours worked by an employee and compensation for such sick time must 1 Pursuant to the PSLL, if fewer than five employees work for the same employer, as determined pursuant to New York City Administrative Code §20-912(g), such employer has the option of providing such employees uncompensated sick time.
- 2 -
be provided at the greater of the employee’s regular hourly rate or the minimum wage. Employers are not required to provide more than forty hours of sick time to an employee in any Year. An employee has the right to determine how much sick time he or she will use, provided that employers may set a reasonable minimum increment for the use of sick time not to exceed four hours per day. In addition, an employee may carry over up to forty hours of unused sick time to the following Year, provided that no employer is required to allow the use of more than forty hours of sick time in a Year or carry over unused paid sick time if the employee is paid for such unused sick time and the employer provides the employee with at least the legally required amount of paid sick time for such employee for the immediately subsequent Year on the first day of such Year. An employee entitled to sick time pursuant to the PSLL may use sick time for any of the following:
• such employee’s mental illness, physical illness, injury, or health condition or the care of such illness, injury, or condition or such employee’s need for medical diagnosis or preventive medical care;
• such employee’s care of a family member (an employee’s child, spouse, domestic partner, parent, sibling, grandchild or grandparent, or the child or parent of an employee’s spouse or domestic partner) who has a mental illness, physical illness, injury or health condition or who has a need for medical diagnosis or preventive medical care;
• closure of such employee’s place of business by order of a public official due to a public health emergency; or
• such employee’s need to care for a child whose school or childcare provider has been closed due to a public health emergency.
An employer must not require an employee, as a condition of taking sick time, to search for a replacement. However, an employer may require an employee to provide: reasonable notice of the need to use sick time; reasonable documentation that the use of sick time was needed for a reason above if for an absence of more than three consecutive work days; and/or written confirmation that an employee used sick time pursuant to the PSLL. However, an employer may not require documentation specifying the nature of a medical condition or otherwise require disclosure of the details of a medical condition as a condition of providing sick time and health information obtained solely due to an employee’s use of sick time pursuant to the PSLL must be treated by the employer as confidential. If an employer chooses to impose any permissible discretionary requirement as a condition of using sick time, it must provide to all employees a written policy containing those requirements, using a delivery method that reasonably ensures that employees receive the policy. If such employer has not provided its written policy, it may not deny sick time to an employee because of non-compliance with such a policy. Sick time to which an employee is entitled must be paid no later than the payday for the next regular payroll period beginning after the sick time was used.
- 3 -
Exemptions and Exceptions Notwithstanding the above, the PSLL does not apply to any of the following:
• an independent contractor who does not meet the definition of employee under section 190(2) of the New York State Labor Law;
• an employee covered by a valid collective bargaining agreement in effect on April 1, 2014 until the termination of such agreement;
• an employee in the construction or grocery industry covered by a valid collective bargaining agreement if the provisions of the PSLL are expressly waived in such collective bargaining agreement;
• an employee covered by another valid collective bargaining agreement if such provisions are expressly waived in such agreement and such agreement provides a benefit comparable to that provided by the PSLL for such employee;
• an audiologist, occupational therapist, physical therapist, or speech language pathologist who is licensed by the New York State Department of Education and who calls in for work assignments at will, determines his or her own schedule, has the ability to reject or accept any assignment referred to him or her, and is paid an average hourly wage that is at least four times the federal minimum wage;
• an employee in a work study program under Section 2753 of Chapter 42 of the United States Code;
• an employee whose work is compensated by a qualified scholarship program as that term is defined in the Internal Revenue Code, Section 117 of Chapter 20 of the United States Code; or
• a participant in a Work Experience Program (WEP) under section 336-c of the New York State Social Services Law.
Retaliation Prohibited An employer may not threaten or engage in retaliation against an employee for exercising or attempting in good faith to exercise any right provided by the PSLL. In addition, an employer may not interfere with any investigation, proceeding, or hearing pursuant to the PSLL. Notice of Rights An employer must provide its employees with written notice of their rights pursuant to the PSLL. Such notice must be in English and the primary language spoken by an employee, provided that DCA has made available a translation into such language. Downloadable notices are available on DCA’s website at http://www.nyc.gov/html/dca/html/law/PaidSickLeave.shtml. Any person or entity that willfully violates these notice requirements is subject to a civil penalty in an amount not to exceed fifty dollars for each employee who was not given appropriate notice. Records
- 4 -
An employer must retain records documenting its compliance with the PSLL for a period of at least three years, and must allow DCA to access such records in furtherance of an investigation related to an alleged violation of the PSLL. Enforcement and Penalties Upon receiving a complaint alleging a violation of the PSLL, DCA has the right to investigate such complaint and attempt to resolve it through mediation. Within 30 days of written notification of a complaint by DCA, or sooner in certain circumstances, the employer must provide DCA with a written response and such other information as DCA may request. If DCA believes that a violation of the PSLL has occurred, it has the right to issue a notice of violation to the employer. DCA has the power to grant an employee or former employee all appropriate relief as set forth in New York City Administrative Code 20-924(d). Such relief may include, among other remedies, treble damages for the wages that should have been paid, damages for unlawful retaliation, and damages and reinstatement for unlawful discharge. In addition, DCA may impose on an employer found to have violated the PSLL civil penalties not to exceed $500 for a first violation, $750 for a second violation within two years of the first violation, and $1,000 for each succeeding violation within two years of the previous violation. More Generous Polices and Other Legal Requirements Nothing in the PSLL is intended to discourage, prohibit, diminish, or impair the adoption or retention of a more generous sick time policy, or the obligation of an employer to comply with any contract, collective bargaining agreement, employment benefit plan or other agreement providing more generous sick time. The PSLL provides minimum requirements pertaining to sick time and does not preempt, limit or otherwise affect the applicability of any other law, regulation, rule, requirement, policy or standard that provides for greater accrual or use by employees of sick leave or time, whether paid or unpaid, or that extends other protections to employees. The PSLL may not be construed as creating or imposing any requirement in conflict with any federal or state law, rule or regulation.
70
(This page left intentionally blank)
71
ATTACHMENT N- HIRENYC
Compliance with HireNYC and Reporting Requirements
The Hiring and Employment Rider shall apply to contracts valued at $1 million or more for all goods, services
and construction except human services contracts that are subject to the Public Assistance Hiring Commitment
Rider. The Rider describes the Hire NYC process and obligations, including reporting requirements throughout
the life of the contract. The Hire NYC process requires contractors to enroll with the Hire NYC system within
thirty days after the registration of the contract subject to this solicitation, to provide information regarding all
entry to mid-level job opportunities arising from this contract and located in New York City, and to agree to
interview qualified candidates from HireNYC for those opportunities. The Rider also includes reporting
requirements unrelated to HireNYC.
HIRING AND EMPLOYMENT RIDER:
HIRENYC AND REPORTING REQUIREMENTS
Introduction This Rider shall apply to all contracts for goods, services, and construction with a value of one million dollars ($1,000,000.00) or more, provided, however, that certain requirements of the Rider shall only apply as indicated below. This Rider addresses the HireNYC process, including reporting obligations under the HireNYC process, and certain other reporting requirements imposed by law. In general, the HireNYC process under this Rider requires the Contractor to enroll with the HireNYC portal for the City of New York (“the City”) found within the Department of Small Business Services’s (“SBS”) website, to disclose all entry to mid-level job opportunities described in this Rider arising from this contract and located in New York City, and to agree to interview qualified candidates from HireNYC for those opportunities. HireNYC Requirements
A. Enrollment
The Contractor shall enroll with the HireNYC system, found at www.nyc.gov/sbs, within thirty (30) days after the registration of this Contract pursuant to Section 328 of the New York City Charter. The Contractor shall provide information about the business, designate a primary contact and say whether it intends to hire for any entry to mid-level job opportunities arising from this contract and located in New York City, and, if so, the approximate start date of the first hire.
B. Job Posting Requirements
Once enrolled in HireNYC, the Contractor agrees to update the HireNYC portal with all entry to mid-level job opportunities arising from this contract and located in New York City, if any, which shall be defined as jobs requiring no more than an associate degree, as provided by the New York State Department of Labor (see Column F of https://labor.ny.gov/stats/2012-2022-NYS-Employment-Prospects.xls). The information to be updated includes the types of entry and mid-level positions made available from the work arising from the contract and located in New York City, the number of positions, the anticipated schedule of initiating the hiring process for these positions, and the contact information for the Contractor’s representative charged with overseeing hiring. The Contractor must update the HireNYC portal with any hiring needs arising from the contract and located in New York City, and the requirements of the jobs to be filled, no less than three weeks prior to the intended first day of employment for each new position, except with the permission of SBS, not to be unreasonably withheld, and must also update the HireNYC portal as set forth below. After enrollment through HireNYC and submission of relevant information, SBS will work with the Contractor to develop a recruitment plan which will outline the candidate screening process,
2
and will provide clear instructions as to when, where, and how interviews will take place. HireNYC will screen applicants based on employer requirements and refer applicants whom it believes are qualified to the Contractor for interviews. The Contractor must interview referred applicants whom it believes are qualified. After completing an interview of a candidate referred by HireNYC, the Contractor must provide feedback via the portal within twenty (20) business days to indicate which candidates were interviewed and hired, if any. In addition, the Contractor shall provide the start date of new hires, and additional information reasonably related to such hires, within twenty (20) business days after the start date. In the event the Contractor does not have any job openings covered by this Rider in any given year, the Contractor shall be required to provide an annual update to HireNYC to that effect. For this purpose, the reporting year shall run from the date of the registration of the contract and each anniversary date. These requirements do not limit the Contractor’s ability to assess the qualifications of prospective workers, and to make final hiring and retention decisions. No provision of this Rider shall be interpreted so as to require the Contractor to employ any particular worker. In addition, the provisions of this Rider shall not apply to positions that the Contractor intends to fill with employees employed pursuant to the job retention provision of Section 22-505 of the Administrative Code of the City of New York. The Contractor shall not be required to report such openings with HireNYC. However, the Contractor shall enroll with the HireNYC system pursuant to Section A, above, and, if such positions subsequently become open, then the remaining provisions of this Rider will apply.
C. Breach and Liquidated Damages If the Contractor fails to comply with the terms of the contract and this Rider (1) by not enrolling its business with HireNYC; (2) by not informing HireNYC, as required, of open positions; or (3) by failing to interview a qualified candidate, the contracting agency may assess liquidated damages in the amount of two-thousand five hundred dollars ($2,500.00) per breach. For all other events of noncompliance with the terms of this Rider, the agency may assess liquidated damages in the amount of five hundred dollars ($500) per breach. Furthermore, in the event the Contractor breaches the requirements of this Rider during the term of the contract, the City may hold the Contractor in default of this contract. Audit Compliance In addition to the auditing requirements set forth in other parts of the contract, the Contractor shall permit SBS and the City to inspect any and all records concerning or relating to job openings or the hiring of individuals for work arising from the contract and located in New York City. The Contractor shall permit an inspection within seven (7) business days of the request.
3
Other Reporting Requirements The Contractor shall report to the City, on a monthly basis, all information reasonably requested by the City that is necessary for the City to comply with any reporting requirements imposed by law or rule, including any requirement that the City maintain a publicly accessible database. In addition, the Contractor agrees to comply with all reporting requirements imposed by law or rule, or as otherwise requested by the City. Construction Requirements Construction contractors shall comply with the HireNYC requirements set forth above for all non-trades jobs (e.g., for an administrative position arising out of the work of the contract and located in New York City) as set forth above. In addition, construction contractors shall reasonably cooperate with SBS and the City on specific outreach events, including Hire on the Spot events, for the hiring of trades workers for the work of this contract. Further, this contract shall be subject to a project labor agreement if so required elsewhere in this contract. Federal Hiring Requirements The Contractor shall comply with all federal hiring requirements as may be set forth elsewhere in this contract, including, as applicable:
• Section 3 of the HUD Act of 1968, which requires, to the greatest extent feasible, economic opportunities for 30 percent of new hires be given to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.
• Executive Order 11246, which prohibits discrimination in employment due to race, color,
religion, sex or national origin, and requires the implementation of goals for minority and female participation for work involving any Construction trade.
72
(This page left intentionally blank)
73
TECHNICAL APPENDICIES
Page 1 of 54
TECHNICAL REQUIREMENTS
APPENDICES A – J:
Page 2 of 54
APPENDIX – A
ERS
I. ERS/EMADS MAINTENANCE/REPAIR REQUIREMENTS
A. Preventive Maintenance and Repair Services for Central Office, PSAC and Police
Headquarters Equipment
1. The Contractor shall provide preventive maintenance at each Central Office,
PSAC and at Police Headquarters. The preventive maintenance shall include
but not be limited to replacement of air filters and lamps, replacement of
printer paper, adjustment to audible alarms and indicator lights, repair of
cooling fans and blowers, and dust removal.
2. Preventive Maintenance shall consist of arriving at the facility designated by
the FDNY with the appropriate personnel and materials. The Contractor shall
perform preventive maintenance procedures.
3. The Contractor shall provide preventive maintenance services once per week
commencing within seven (7) calendar days from the date of Notice To
Proceed. The Contractor shall provide a written preventive maintenance
schedule, detailing the dates that service will be provided at each of the
facilities, to the FDNY Project Manager for approval. The preventive
maintenance shall be provided during the Regular Service window period as
established herein.
4. The facilities for which preventive maintenance and repair services will be
provided are listed as follows:
a. Manhattan Central Office (Infrastructure only)
b. Brooklyn Central Office (Infrastructure only)
c. Bronx Central Office (Dispatch and Infrastructure)
d. Queens Central Office (Dispatch and Infrastructure)
e. Staten Island Central Office (Infrastructure only)
f. PSAC 1 (Dispatch, SDE)
MetroTech Center
Brooklyn, NY 11201
- Fire Dispatch Operations (Manhattan, Bronx, Queens, Staten Island
and Brooklyn )
- Police Dispatch Floor
Page 3 of 54
- Training Room
- Backup FDNY Central Computer Room
- SDE (5th
Floor)
- 4th Fl Computer Room
g. FDNY Fort Totten Facility (Special ERS GUI Equipment)
h. Police Headquarters: 1 Police Plaza
i. PSAC 2: 350 Marconi St, Bronx NY 10461 (Data Center and Dispatch
floor)
j. FDNY Union Street Depot (Test device and MIS) and Borough Outside
Plant Offices (MIS)
5. The Contractor shall maintain and repair the Central Control Terminals and
associated consoles, loop power supplies, printers, automatic loops, computer
interfaces, EMADS, and all other related equipment.
6. A complete set of manuals including schematics, wiring diagrams, assembly
drawings, parts lists, layouts and a repair log shall be maintained at each
FDNY and Police location.
7. The FDNY will provide a secure area at each location for on-site storage of
Contractor’s parts, tools, and test instruments required for diagnosis and repair
of equipment failures.
8. The Contractor shall supply printer paper for the ERS printers located at each
FDNY and Police location, where appropriate. The Contractor shall maintain
an appropriate safety stock inventory printer paper at each location.
9. The Contractor shall work and interface with FDNY personnel and Verizon,
or current local telephone provider, regarding repair, testing and engineering
of FDNY cable loops and telephone lines. The Contractor shall be
responsible for ensuring that communication between the Central Offices,
NYPD Headquarters, and the 911 Call Center is fully restored after any line
work is completed.
B. Field Repair Service Calls
1. The Contractor shall provide field repair service twenty-four (24) hours per
day, seven (7) days per week utilizing the Premium Service window as
established herein. Field repair service calls consist of arriving at a FDNY or
NYPD designated facility within New York City, with the appropriate
personnel and materials, within two hours from oral notification by the
Department Project Manager, Borough Supervising Dispatcher, Tour
Page 4 of 54
Supervising Dispatcher, or authorized FDNY or NYPD representative
requesting such service. The Contractor shall acknowledge the request for
service within (15) fifteen minutes from oral notification. The Contractor shall
remain on the job until the emergency condition is abated.
C. Infrastructure Equipment Spare Parts Inventory
1. The Contractor shall maintain an adequate supply of primary spare parts at the
FDNY Facilities for the purposes of maintaining and performing field service
repairs to the infrastructure Equipment.
2. The Contractor shall provide and/or maintain, where appropriate, a storage
cabinet, at each FDNY location, for the storage of parts, instruments and tools.
The cabinet shall be 78”H x 36”W x 24” D, color black, 20 gauge steel with a
double door, 3-point standard lock, containing four (4) 36” wide shelves
(Lyon Cabinet Part No.9B-27478 or FDNY approved equal).
D. Service Tickets and Database Maintenance
1. The service tickets, repair reports, retrofit installation, and shipment and
receipt reports shall be forwarded to the FDNY Authorized Representative ,
Bureau of Technology Development and Systems, New York City Fire
Department, 9 MetroTech Center, Brooklyn, NY 11201, on a monthly basis
prior to the 15th
of the following month. The Contractor shall retain
duplicates of the service tickets.
E. Inspection of Contractor Repair and Test Facility
1. The FDNY shall have access, during normal working hours, to the
Contractor’s repair and test facilities for review of service procedures, records,
and performance, and inspection of instrumentation and inventory. The FDNY
will use its best efforts to provide oral notification to the Contractor two (2)
business days prior to the date of facility inspection.
2. The Contractor may be called upon throughout the term of the project for field
visits, reports, and consultation meetings, at no additional charge.
F. Repair of ERS Call Boxes
1. The FDNY shall be responsible for removing and replacing defective Call
Boxes at their public locations, and delivering the defective Call Boxes to the
Union Street Depot or other FDNY designated Facility, for pickup and repair
by the Contractor. The Contractor, at its sole option and prior to pick-up from
the Union Street Depot, shall test each Call Box reported as defective by the
FDNY. Call Boxes that are found to be free from defects shall be returned to
FDNY to be placed in service. Call Boxes in need of repair shall be
Page 5 of 54
transported to the Contractor repair facility. The Contractor shall attach a
heavyweight paper Yellow Tag with a removable clip to the Call Boxes
necessitating repair. The Contractor shall record the type of repair on the
Yellow Tag.
2. The Contractor shall maintain the primary repair facility within a one hundred
(100) mile radius from FDNY Headquarters.
3. The Contractor shall establish a repair schedule such that the number of
defective Call Boxes, including vandalized or physically damaged Call Boxes,
subject to repair in the Contractor’s repair facility shall not exceed the greater
of either:
a. the average number of Call Boxes of the previous three shipments
received by the Contractor plus twenty-five (25) Call Boxes; or
b. the amount of the last shipment of failed Call Boxes received by the
Contractor plus twenty-five (25) Call Boxes.
4. A supply of repaired Call Boxes (“Spare Pool”) shall be maintained by the
Contractor at the Union Street Depot. The Spare Pool shall be based on the
quantity of boxes that fail during an average two (2) week period commencing
from the date of Notice to Proceed.
5. The Contractor shall perform all repairs so as to preclude any Call Box being
out of service longer than the time required to replace it from the Fire
Department circulating Spare Pool.
6. The Contractor shall deliver repaired Call Boxes and pickup defective Call
Boxes on the first and third Thursday of each month, unless such schedule is
modified by the Department Project Manager. The Contractor shall pick-up
and deliver Call Boxes during the service window period from 8:00 a.m. to
5:00 p.m., excluding weekends and the following holidays: New Year’s Day,
Martin Luther King Jr. Day, Presidents Day, Memorial Day, Independence
Day, Labor Day, Columbus Day, Election Day, Veterans Day, Thanksgiving
Day, and Christmas Day. If a scheduled pick-up or delivery shall occur on a
holiday, then the Contractor shall perform the pick-up and delivery on the
next business day following the holiday.
7. At the sole option of the Department, the Contractor shall deliver repaired
boxes to facilities other than the Union Street Depot, at no additional charge.
G. Call Box Repair Requirements and Test Procedures
1. Call Box repairs shall include but not be limited to the replacement of
electronic components on the printed circuit board, such as, semi-conductors,
Page 6 of 54
Integrated circuits, resistors, capacitors, coils as well as transducer items, such
as, speakers, microphones, cables, and front panel switches.
2. The replacement of electronic components shall maintain the inherent
reliability of the repairable Call Box. The Contractor shall replace damaged
mechanical parts, other than those parts that are to be replaced or repaired
pursuant to Appendix A (I)(G)(4), Physically Damaged or Vandalized Call
Boxes. Such items shall include but not be limited to hardware parts, clamps,
and hinge pins, fire switch guard, police switch guard, pivot rod for switch
guard, mounting blocks for switch guard, dust covers (outer and inner), and
baffle plates.
3. Call Boxes shall be tested at the Contractor’s repair facility, prior to delivery
to the Union Street Depot. Call Boxes failing to comply with the requirements
of this test shall be repaired and re-tested. Repaired Call Boxes complying
with requirements of this test shall be qualified for delivery. The Contractor
shall provide a copy of the routiner testing conducted at the Contractor’s
facility upon delivery to the FDNY Union Street Depot.
4. The Contractor shall provide and install a testing routiner at the FDNY Union
Street Depot within thirty (30) days of the start of this Agreement at no
additional cost to the FDNY. Upon delivery of all call boxes, the Contractor
shall test each box through the Contractor supplied routiner and provide the
FDNY Authorized Representative with a printed routiner sheet proving that
the box routines in the same manner as tested at the Contractor’s facility and
that no damage was incurred during transportation of the box to the FDNY
Union Street Depot.
5. Within one hundred and twenty (120) days of the Notice to Proceed, the
Contractor shall develop a web based MIS application that will be used to
routine all ERS call boxes throughout the City of New York and will be
accessible to the FDNY Authorized Representative 24/7/365. The web based
MIS application shall capture all information currently relayed through the
existing MIS terminal, including but not limited to, routine of ERS alarm
boxes, test/check for voltage of individual boxes, turn circuits on and off, and
put grounds on positive or negative sides of circuits.
6. Physically Damaged or Vandalized Call Boxes and Scrap Call Boxes
a. The Contractor shall provide repair services for physically damaged or
vandalized Call Boxes (“Damaged Call Boxes”). Damaged Call Boxes
shall be defined as Call Boxes that are repairable but require extensive
mechanical parts repair, or replacement of major electronic parts such as
boards or sections other than those required in the normal course of
maintenance repair. The repair services for Damaged Call Boxes include
but are not limited to the repair or replacement of the electronic board,
Page 7 of 54
front panel, transducer panel, speaker guard, glass cover bracket,
instruction plate (street), instruction plate (school), switch guard assembly
(in entirety), switch assemblies, and removal of excessive paint or graffiti.
b. FDNY personnel shall determine prior to pick-up by the Contractor
whether a defective Call Box is a Damaged Call Box. The Contractor
shall attach a heavyweight paper Red Tag with a removable clip to
Damaged Call Boxes. The Contractor shall record the nature of the
damage and type of repair that needs to be made.
c. Prior to commencing repairs, an assessment of damage shall be provided
to the Department Project Manager detailing the model and type of Call
Boxes, the type of damage, and the quantity and type of parts to be
replaced or repaired. The assessment shall be sufficiently detailed to
permit a decision by the FDNY to authorize the repairs, or scrapping such
Call Boxes.
d. A scrap box shall be defined as one that is damaged and cannot be
repaired under the repair criteria of Appendix A (I)(G)(2) and (G)(4)(b).
Such Call Boxes are generally those that are totally demolished or have a
damaged PC board. A damaged and non-functional PC board is defined
as one that is bent, burned, cracked, or with visibly broken PC lands. The
Contractor shall not repair or replace damaged PC boards. No charge
shall be made for any testing or analysis made in connection with
determination that a box falls within this category.
e. Any Damaged Call Box that the Department Project Manager determines
should be scrapped shall be returned to the FDNY for final disposition.
All other Damaged Call Boxes shall be processed in accordance with the
procedures specified for regular repair of Call Boxes. Repairs to the
electronic circuits in the boxes shall be made at no extra charge.
7. Requirements for Serial and Code Number Control
a. The Contractor shall attach new serial and code labels to replace damaged,
worn or illegible labels located in Call Boxes. The Contractor shall replace
the labels at the Contractor facility in connection with Call Box repair.
The serial and code numbers shall be affixed in two separate locations:
b. On the outer edge of the inside of the face plate, and on the outer edge of
the inside face of the speaker/microphone support plate.
c. These numbers shall be readily observable from the rear of the Call Box.
The new serial number and code number shall match the existing serial
number and code number. Earlier manufactured Call Boxes were
serialized using a hand-stamped metal tag adhered to the inside edge of the
Page 8 of 54
stainless steel faceplate. These tags are occasionally lost during handling
or impact from vehicles on street support posts. Some tags become
illegible to varying degrees. The Contractor shall contact the FDNY
Senior Supervisor of Outside Plant Operations during regular business
hours for assistance if there is any question as to the proper serial and code
numbers to be newly affixed, or because of difficulty in interpretation of
the existing numbers.
8. Serial and Code Numbers
a. The Contractor shall apply new metallic or Mylar coated adhesive backed
decals to the Call Boxes. The color shall be bright orange or yellow. The
decals shall be permanently impressed with one-quarter inch high serial
and code numbers, and affixed in locations approved by FDNY. Serial
numbers shall be five (5) digits, i.e. “00123”. Code numbers shall be two
(2) digits, i.e.”09”. Leading zeros shall be included with the serial or code
numbers. In the event of interchange of parts during the repair cycle that
have previously been serialized and coded, the non-applicable numbers
shall be removed and new numbers correctly affixed as described herein.
b. Some Call Boxes have already been serialized and coded as described
above by the FDNY. As the Call Boxes proceed through the repair cycle,
the need for upgrading the numbering will proportionately decrease.
9. Requirements for Pick-Up and Return Shipping of Repaired Call Boxes
a. The Contractor shall utilize shipping containers for the pick-up and
delivery of repaired Call Boxes. The containers shall be constructed such
that containers holding Call Boxes can be stacked without damage to the
Call Boxes and protect the contents against rough handling. The shipping
containers shall have a capacity of one (1) Call Box and shall be marked
with lines at one-inch intervals along one long edge of each box. The Call
Box code number of the packaged Call Box shall be recorded with a black
indelible ink-marking felt pen at the upper left corner on the first line. As
Call Boxes are interchanged within shipping containers during field
handling and cycling, the Contractor shall mark the appropriate code
number on the container next to the last code number marked, and
obliterate the last inapplicable code number. The Contractor shall update
the code number as shipping containers are returned to the Contractor for
use again in shipping repaired Call Boxes.
H. Call Box Spare Parts Inventory
1. The Contractor shall maintain an adequate supply of spare parts in inventory,
so as to preclude any delay in repair or replacement of Call Boxes.
Page 9 of 54
I. Service Tickets and Database Maintenance
1. The Contractor shall prepare a service ticket for each Call Box identified as
malfunctioning, defective, or damaged. The service ticket shall record the
type of Call Box, serial number, the nature of damage or failure, the repair
performed by the Contractor and the parts replacement.
2. The Contractor shall establish a secure web based database system of record
keeping of repairs, Call Box pick-ups and deliveries, retrofit installation, and
other details of the Call Box and facility maintenance and repair, at no
additional charge to the FDNY, which will ensure accurate and meaningful
information for analysis by the Fire Department. The Contractor shall provide
web access to the FDNY Authorized Representative to see real time status of
all service tickets. The database shall be established in Microsoft Access or a
similar compatible system. Repair reports shall be prepared by the
Contractor analyzing the data on the service tickets and indicating such
information as repairs by failure category and accumulated MTBF. Shipment
and receipt status reports shall include but not be limited to the running
balance of Call Boxes, Call Boxes returned, Call Boxes received, Call Boxes
vandalized, Call Boxes retrofitted with LPMs, and scrap boxes awaiting
disposition.
3. The service tickets, repair reports, retrofit installation, and shipment and
receipt reports shall be forwarded to the FDNY Authorized Representative,
Bureau of Technology Development and Systems, New York City Fire
Department, 9 MetroTech Center, Brooklyn, NY 11201, on a monthly basis
prior to the 15th of the following month. The Contractor shall retain
duplicates of the service tickets.
II. ERS/EMADS ON-CALL UPGRADE, ENGINEERING/TECHNICAL AND
SYSTEMS INTEGRATION SERVICES REQUIREMENTS
At the sole option and discretion of the Fire Department, the Contractor shall provide
the following on-call services:
A. Engineering Support Services
1. The Contractor shall provide electrical engineering services to support the
maintenance and repair services. Such engineering support services shall
include but not be limited to performing minor design modifications of Call
Box components and equipment, resolving ERS system operational problems,
performing diagnosis and analysis of field repair requests, reviewing and
approving testing of parts and equipment, approving new product lines for
parts, and maintaining quality assurance and control procedures.
B. Optional Programming and/or Technical Services
Page 10 of 54
1. The Contractor shall provide a programming pool for to support of optional
programming and/or technical services that shall include but not be limited to
relocating equipment, relocating equipment cables, equipment set-up, and
installation of software developed by FDNY or COTS product manufacturers
or Contractor developed software products.
2. The Contractor shall provide software integration development services for
ongoing enhancements in support of modernized/improved service delivery.
All software developed under the terms of the Agreement shall be in
accordance with Appendix H herein.
C. Any equipment added or work performed as optional services shall become part
of this Agreement and subject to warranty, maintenance and repair as specified
herein. All work performed under this section must be approved, in writing, by
the FDNY Authorized Representative and ACCO.
D. A sum as specified on the Price Schedule shall be included in the Agreement in
order to address the optional purchases of parts, software, components, or other
modernized equipment.
III. ERS/EMADS OPTIONAL NEW ERS CALL BOXES
At the sole option and discretion of the Fire Department, the Contractor shall provide
the following services:
A. ERS Call Box Overview
1. The ERS Call Box (“Call Box”) provides two-way voice communications
between the caller on the street and the dispatch operator in the PSAC or
Central Office. Equipped with two pushbuttons (Fire and Police), speakers
and microphone, the Call Box allows the citizen to place a call by depressing
one of the pushbuttons, and maintain “hands-free” conversation with a Fire or
Police dispatcher. The dispatch operator controls the direction and the flow of
the half-duplex communication through a push-to-talk switch when using the
BAS phone, or through a Voice Operated Circuit (“VOX”) when the call
traverses through the E911 telephone system (VESTA).
2. The Call Box communicates with the central processing equipment at the
FDNY Central Office and vice-versa for audio communication on an audio
channel, as well as testing and control purposes on a signal channel.
3. The Call Box electronics must be a Digital Signal Processing (“DSP”) based
design. The DSP design must support tone generation, tone detection,
frequency band filtering, audio amplification and buffering.
Page 11 of 54
4. Each Call Box will provide user selectable, unique box codes between 00 and
63.
5. The Call Box shall be mechanically designed for ease of use and endurance.
6. In addition to the Fire and Police buttons on the front of the box the Call Box
shall allow remote activation which may be attached to any number of
normally closed contacts in series. This feature is intended to be used for
scenarios such as school fire alarms, automatic smoke detectors or burglar
alarms which may operate unattended.
B. Communications Channels
1. The ERS System consists of a number of Call Boxes in series on wires (loops)
connected to the central station equipment located in the Central Offices. Each
single wire series loop is capable of sustaining two separate channels of
communication simultaneously as well as providing DC power to the ERS
Call Boxes. The two separate channels of communication are:
Signaling – below voice frequency (100Hz to 325Hz)
Audio – voice frequency (375Hz to 3 kHz)
2. Signaling Channel
a. Of the several functions for the signaling channel, the basic requirement is
controlling the information flow from the ERS Call Box to the FDNY and
NYPD. The Call Box will initiate a call to the Central Office by providing
the unique Call Box code (00 to 63) and type of service request. The
Central Office receives the initial call and sends a “hold” tone signal to the
Call Box. The Central Office can then send a “transmit” tone activating
the transmit audio circuitry (audio to the caller on the street) in the Call
Box.
b. The secondary function of the signaling channel enables automated testing
of the Call Box, this function is referred to as “routining”. The central
processing equipment located at each Central Office selectively “calls” a
Call Box via tone signaling over the same signaling channel used for
operational calls. After the Call Box receives the signal tones, the Call
Box will place a test call back to the Central Office for verification of its
operation. This test call consists of the Call Box sending its identity, the
central office acknowledging the call with the “hold” tone. The Call Box
will then activate the microphone and play a test tone to the call box
speaker. The tone received on the microphone will be transmitted to the
central office.
Table 2-1 defines tones generated by the Call Box
Page 12 of 54
TABLE 2.1 - TONES ORIGINATING FROM THE
CALL BOX
FREQUENCY
“l” Tone (140 Hz) 136.3 to 141.0 Hz
“0” Tone (100 Hz) 97.3 to 100.7 Hz
Tone Amplitude (Vt) 3.5 to 4.7 VRMS
Marker Time ™ 423.9 to 518.1 msec
Tone Time (Tt) 141.3 to 172.7 msec
Interval Time (Ti) 141.3 to 172.7 msec
Table 2-2 defines tones originated by the Central Office Equipment as they
are received at the Call Box
TABLE 2.2 - TONES ORIGINATING FROM THE
CENTRAL EQUIPMENT
FREQUENCY
“Hold” Tone 217 to 218 Hz
“Hold” tone Amplitude (Vht) 45.7 to 263.8 mv (RMS)
“Transmit” Tone 264 to 266 Hz
“Transmit” Tone Amplitude (Vtt) 67.3 to 688.0 mv (RMS)
“Routine” Tone Time (Trt) 150 to 170 msec
“Routine Marker Time (Trm.) 300 to 340 msec
“Routine Interval Time (Tri) 150 to 170 msec
3. Audio Channel
a. The audio channel is separate from the signaling channel and is
completely non-interfering. For example, one Call Box signals over the
same loop that is sustaining a conversation between a second Call Box and
a dispatch operator, the citizen at the second Call Box and the dispatch
operator will not hear the signaling during their conversation.
b. This half duplex communication channel is controlled by the push to talk
functionality of the central office equipment by activating and deactivating
the “transmit” tone. When the transmit tone is active the call box will
enable the speaker for transmission of audio from the dispatcher to the
citizen. When the transmit tone in deactivated, the call box will enable the
microphone allowing transmission of audio from the citizen to the
dispatcher. The Call Box must provide an Automatic Gain Control
function to account for both loud and soft talkers at different distances
from the Call Box.
c. A power line hum filter is included in the Call Box to reduce the amount
of power line hum (60Hz and harmonics) that corrupts the audio going to
the citizen on the street.
Page 13 of 54
d. A “Ringback” function is included in the Call Box to indicate to the
citizen that the Call Box has detected a button activation and is placing a
call to a dispatch operator. The “Ringback” function operates until a
dispatch operator answers the caller and the Call Box goes into audio
mode.
C. Series Connection
1. The Call Box shall operate on a single loop of wire which provides both
power and signaling.
2. The Call Box shall operate at 150mADC.
3. When in idle state the Call Box shall operate at a maximum of 4.85 VDC.
When in the active call state the Call Box shall operate at a maximum of 20.9
VDC.
D. Mechanical Requirements
1. The ERS Call Box is intended to have a useful economic life of at least 20
years.
2. All structural materials shall be 303 –304 stainless steel or materials of
adequate mechanical strength and equal corrosion resistance except that all
material on the face panel must be of stainless steel and must be passivated.
3. The Call Box shall be standard in size and interchangeable with existing units.
The Call Box shall be adapted to several types of pole and pedestal mounted
fire alarm box housings. By fitting the enclosures with the appropriate cast or
fabricated window frame unit they shall be normalized.
4. Fungus-inert materials shall be used where possible.
5. The Call Box shall contain a front panel assembly that provides all necessary
controls for the citizen to operate and monitor the Call Box.
a. The front panel shall contain one (1) pushbutton identified for Fire
communications and one (1) pushbutton identified for Police
communications. The pushbutton shall be flush-mounted and designed to
resist moisture intrusion into the inner electronics compartment. The
pushbutton shall also be resistant to blown dust.
b. Appropriate operating instructions, using recognized symbology and text
in English shall be provided as an integral part of the front panel. The
required symbology and instructions will be provided by FDNY.
Page 14 of 54
c. A housing for the electronics shall be constructed to protect the primary
electronic components against adverse environmental conditions for the
life of the Call Box.
d. A group of mechanical selector switches shall be mounted outside the
housing to allow user selection of box identity 00 to 63 and to select
certain operating modes. The switch assembly shall be resistant to
moisture and dust.
E. Electrical/Electronic Requirements
1. The electrical materials and components shall be designed and selected for
highly reliable performance in emergency communications service in an
unattended and severe environment. This requires components to be of the
highest grade available.
2. Circuitry shall not require local battery power and shall be integrated to the
maximum practical extent.
3. All components used or their direct replacements will be available for a
minimum of ten (10) years.
4. Components shall be designed to operate not in excess of eighty percent
(80%) of their rated working voltage under the most severe environmental
conditions. They shall be stable in value and characteristic such that normal
aging under the stipulated environmental conditions will not cause the Call
Box to fail to meet the tolerance requirements of this specification during the
anticipated minimum twenty (20) year useful life.
5. There shall be no parts selection (“select-at-test”) requirement in this circuitry,
i.e., critical circuit parameters which preclude use of standard properly rated
components. In addition, no circuit adjustments or potentiometers shall be
incorporated in the Call Box.
6. Each Call Box shall be completely interchangeable with any other, both
mechanically and electrically, with at most, a change in number programming
function.
7. Printed circuit boards used in this equipment must be of NEMA grade GEE or
equivalent.
8. The speaker cone shall be a non-hygroscopic material such as plastic or plastic
encapsulated so that it will not support insect infestation. It must likewise be
designed to comply with the anticipated economic life of the Call Box and
meet the environmental conditions specified for the field installations as
described in Appendix A(III)(F) herein.
Page 15 of 54
9. Since line crosses with high current are possible, the overvoltage protection
devices shall be on a separate board tab so that it can be easily replaced if
damaged by heat. The board tab shall have a three terminal Gas Discharge
Tube (GDT) rated at 350V across the in and out leads of the Call Box and
connected to the center tap shall be a 200V GDT to Earth Ground.
F. Environmental Requirements
1. The ERS Call Box shall operate in an exposed unsheltered environment,
which is experienced on the streets and roadways of New York City. It is
unattended and shall function reliably at all times during its useful life as an
essential component of the emergency communication system. The
Contractor must be fully aware of the multiplicity of environmental conditions
which exist in this application such as temperature variations, humidity,
vibration, salt spray, airborne pollution and industrial contaminants. The
requirements for environmental testing are intended as a guideline in
producing a unit suitable for intended service and do not relieve the
Contractor of the responsibility for providing equipment suitable for this
service.
2. Test Procedures
The Contractor shall develop test procedures for the FDNY Bureau of
Technology Development and Systems’ approval. The Contractor shall keep
complete records of observations during the test procedures and identify any
specific type of failures incurred with an analysis as to probable cause and
methods of correction used to prevent, improve, or eliminate such failures in
the final product.
3. The Call Box shall remain fully operational during all phases of this test.
There shall be ten routine actuations each half hour during the test cycle with
no failures. These Call Boxes shall be mounted in a typical F.D.N.Y. housing
before being subjected to test.
4. Electrical Stress
a. The purpose of this test is based on the continuous twenty-four (24) hour
per day, seven (7) days per week operation of the Call Box.
b. One (1) sample Call Box shall be operated for twelve (12) hours at its
nominal design input current, immediately after which the input current
shall be increased by ten (10%) percent and operation continued for six (6)
hours at the conclusion of which the input current shall be reduced by ten
(10%) percent below the design nominal value and operation continued for
six (6) hours.
Page 16 of 54
c. This sequence shall be applied to the test item for five (5) complete cycles
of twenty-four (24) hour duration per cycle.
5. Temperature Stress
a. The test Call Box shall be subjected to a “cold soak” temperature of minus
thirty (-30°C) degrees Celsius for four (4) hours then the temperature shall
be raised at the rate of one (1°C) degree Celsius per minute minimum to
sixty (+60°C) degrees Celsius where it shall be held at the high
temperature for four (4) hours. At the end of the “hot soak” temperature at
sixty (60°C) degrees Celsius the reduction in temperature at a rate of one
(1°C) degree Celsius per minute minimum to the lower extreme
temperature of minus thirty (-30°C) degrees Celsius shall be initiated.
b. This cycle of thermal stress shall be followed without interruption for five
(5) complete cycles. The equipment shall remain fully operational
throughout the thermal stress test of five (5) cycles. At the conclusion of
the temperature cycling the call box shall be returned to ambient
temperature and operated at nominal input voltage for twenty-four (24)
hours during which period it shall exhibit full operational characteristics.
c. During the foregoing thermal stress cycle the call box shall be subjected to
a relative humidity such that visible condensation and frosting shall be
evident at the low temperature phase of each cycle.
6. Humidity
a. A minimum of two (2) tests on the sample Call Box with regard to
humidity characteristics shall be required.
b. One test is for twenty (20) days with humidity ranging from eighty-five
(85%) percent to ninety-five (95%) percent with the temperature cycling
between twenty-five (25°C) degrees Celsius and sixty (60°C) degrees
Celsius at a temperature rate of not less than thirty (30°C) degrees Celsius
per hour.
c. The other test shall be for a period of seventy-two (72) hours at one
hundred (100%) percent humidity with visible condensation on the Call
Box.
d. The Call Box shall remain fully operational during both these tests.
7. Vibration
Page 17 of 54
a. A single sample Call Box shall be subjected to a swept sine wave
vibration at a rate of 5 to 500 to 5 Hz in 15 minutes through the frequency
spectrum of 5 to 500 Hz. This shall be applied in each of three mutually
perpendicular axes and at a level of 0.05” D.A., 5 to 14 Hz, +/-0.5g, 15 Hz
to 500 Hz.
b. The vibration test shall be applied for three (3) hours in each of three (3)
mutually perpendicular axes.
8. Salt Fog
a. A single Call Box shall be exposed to a chamber temperature maintained
at thirty-five (35°C) degrees Celsius equivalent to ninety-five (95°F)
degrees Fahrenheit.
b. Use a five (5%) percent solution of sodium chloride with compressed air
driving the solution through atomizing nozzles with the compressed air
warmed and humidified so as to meet the operating conditions. Exposure
to the salt fog shall be for a period of ninety-six (96) hours. The pH of the
salt solution atomized at thirty-five (35°C) degrees Celsius shall be in the
range of 6.5 to 7.2.
c. The use of immersion heaters for maintaining the temperature in the
exposure zone is prohibited.
d. The air supply shall be free of impurities such as dirt or oil.
9. Dust
a. The sample Call Box shall be subjected to a Dust Test in accordance with
Method 510.1 of Mil-STD-810C.
10. Contamination
a. A single sample Call Box shall be subjected to a mixture of (2.5) p.p.m. of
sulfur dioxide and air at a pressure of twenty-seven (27”) inches of Hg. for
twenty-four (24) hours. This shall be followed by an additional seventy-
two (72) hours at a pressure of thirty-one (31”) inches of Hg.
11. Test Acceptance Criteria
a. At the conclusion of the Call Box testing, the Call Boxes shall be
examined for physical evidence of damage to finish or components. It
shall be tested for normal operation and determined whether full
operational characteristics of the box and its electrical components are
achieved. No failure of a mechanical or electrical nature will be permitted
Page 18 of 54
as a consequence of these tests
b. The contractor shall make complete records of his observations during the
foregoing tests Paragraph III(F)(4) through III(F)(10), and shall identify
any specific type of failures incurred with an analysis as to probable cause
and methods of correction used to prevent, improve, or eliminate these
failures in the final product.
c. The acceptance Test Procedure shall be provided by the Contractor one
hundred and twenty (120) days after the date of notice to proceed, for
FDNY approval. This procedure and these specifications shall constitute
the basis for sample pre-production acceptance.
G. Reliability
1. The ERS Call Box shall be designed to have a useful economic life of at least
twenty (20) years.
2. The quality of materials, components and associated stresses imposed by the
everyday operational requirements in its normal application shall yield an
observed MTFB of a minimum of eight (8) years. The observed MTFB shall
be based upon verified failure data on installed boxes during the last twelve
(12) months of the Warranty period.
3. The Contractor shall provide repair data cards to FDNY monthly for the
duration of this contract.
H. Warranty
1. All Call Box units shall be unconditionally warranted for a period of one (1)
year after date of acceptance of the last unit or as otherwise stated herein.
I. Serial Numbers, Code Numbers, Shipping Documentation
1. Each Call Box shall be serially numbered starting with a number designated
by FDNY (number xx,xxx). All deliveries shall compromise consecutively
serialized boxes only, i.e. the first shipment shall start with S/N xx,xxx,
followed by consecutively numbered Call Boxes throughout the shipment. No
serial numbers shall be skipped or omitted, and no serial numbers shall be
duplicated in the entire series to be shipped under this contract. Each shipment
shall begin serialization with the next consecutive serial number after the last
highest number previously shipped.
2. Code numbers shall vary from zero to 64. Each serial number and code
number shall be affixed with decals on the Call Box in two separate locations:
Page 19 of 54
On the outer edge of the inside of the faceplate and on the outer edge of the
inside face of the speaker/microphone support plate.
3. The Contractor shall propose a design method that will allow field
programming of the code.
4. These numbers shall be clearly visible from the rear of the Call Box. Any
illegible numbering shall be cause for rejection of the effected Call Box. The
decals shall not cause deterioration to any portion of the Call Box or its
function.
5. Each shipment of Call Boxes shall contain as equal a variety of code numbers
as practical to provide for greatest selectivity during field installations. The
variety of code numbers over the entire series to be shipped shall be as
specified by FDNY. Containers used for shipping Call Boxes shall not be
stamped or marked with the serial number identity of the Call Box within.
6. Shipping acknowledgement documentation and/or packing lists shall list in
serial number order, with associated code numbers, each Call Box in the
shipment. A signed copy will be retained by FDNY and the shipper. No
shipment shall be received without complete and formal shipping
acknowledgement documentation and/or packing lists.
7. Requirements for Call Box Shipping Containers
a. Shipping containers used for shipment to FDNY of new Call Boxes shall
(i) be new, (ii) permit stacking without damage, (iii) protect contents
against rough handling, and (iv) have no serial number markings on their
exterior.
8. Service Manuals
a. The Contractor shall provide FDNY with six (6) comprehensive service
manuals including wiring diagrams, schematics, assembly drawings and
parts lists, which will permit a competent skilled technician to diagnose
and correct faults or malfunctions in the specified equipment under this
section. The manuals shall be entitled “TECHNICAL MANUAL, 2000A
BOX, STREET AND SCHOOL.”
9. Drawings
a. The Contractor shall provide FDNY with six (6) complete sets of
drawings descriptive of the street and school Call Boxes specified herein
including all parts lists, schematics, wiring diagrams, assembly drawings,
sub-assembly drawings, detail drawings and miscellaneous drawings to
the Department.
Page 20 of 54
10. Delivery of Tested Call Boxes
a. The Contractor will be required to submit at least two (2) tested units
within two hundred forty (240) calendar days from notice to begin work.
All Call Box units shall have passed such performance and environmental
tests as will demonstrate full compliance with the letter and intent of the
specifications and approved test procedures prior to acceptance. During
the two hundred forty (240) day pre-production period, the contractor shall
maintain close liaison with the FDNY Authorized Representative and shall
submit monthly progress reports in sufficient detail to assure FDNY that
orderly progress is made toward attainment of the required performance
and delivery goals.
b. The required amount of Call Boxes to be delivered under this contract
shall not include tested Call Box; the latter shall be delivered over and
above the required amount. Tested Call Boxes will have undergone heavy
environmental testing which will have reduced their service life and
reliability, thus precluding their use in the field.
Page 21 of 54
APPENDIX – B
PCATS
I. PCATS MAINTENANCE/REPAIR REQUIREMENTS
A. Preventive Maintenance for COs and PSAC equipment
1. The Contractor shall provide Maintenance and Repair Services to maintain the
PCATS Hardware and software items. The Contractor shall provide a toll free
hotline for problem resolution.
2. PCATS Services shall include, but not be limited to, maintenance, testing and
repairing of the of defective or worn parts, components, adjustments, loading
of software, trouble shooting, technical assistance, system functionality, and
load testing, and correcting all malfunctions. The Contractor shall also
replace parts including but not limited to, interface cables, video cards,
communication cards, fiber converter cards, sound cards, touch screens, and
motherboards required to keep the PCATS operational in accordance with all
manufacturer’s published specifications. Where replacement parts are no
longer available, the contractor will replace the non-functional PC with a fully
operational modernized PC and/or components that is able to support the
PCATS environment. This replacement must be approved by the Assistant
Commissioner, BTDS or designee.
3. The Contractor shall provide preventive maintenance services commencing
within seven (7) calendar days from the date of Notice To Proceed.
Preventative maintenance services shall be provided at each facility two (2)
times within a two (2) month period on a schedule mutually agreed upon by
the by the Contractor and the Department. The Contractor shall provide a
written preventive maintenance schedule, detailing the dates that service will
be provided at each of the facilities, to the FDNY Project Manager for
approval. The preventive maintenance shall be provided during the service
window period from 8:00 a.m. to 5:00 p.m. Monday to Friday, excluding the
following holidays: New Year’s Day, Martin Luther King Jr. Day, Presidents
Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and
Christmas Day.
B. Repair Services
1. Premium Service Window
The Contractor shall arrive at the Fire Department Facility with the appropriate
personnel and materials, in accordance with Section III (D)(a)(iii). Service
requests shall be categorized as a Premium Service Window event when the
following conditions exist:
Page 22 of 54
a. Both PCATS and VA Alarm Systems are inoperable at any firehouse
facility.
b. Four (4) or more PCATS Current Loops are down or inoperable in any
one (1) borough.
2. Regular Service Window
The Contractor shall arrive at the Fire Department Facility in accordance with
Section III (F)(1)(a)(i) with the appropriate personnel and materials.
Requests for service shall be made by the Fire Department by telephone or
any other means.
3. The Contractor shall complete repairs within one-half hour of arrival at the
Fire Department Facility. If the PCATS equipment cannot be repaired at the
site within one-half hour after arrival at FDNY Facility, the Contractor shall
inform the FDNY Representative and the Equipment shall be replaced with a
spare.
a. The Contractor shall transport non-functioning PCATS equipment to the
Contractor’s repair facility and complete the repair within two (2) business
days. All repaired PCATS equipment shall be used as spares for future
Service calls.
b. The Contractor shall be required to perform the following steps on the
spare PCATS equipment:
i. Enter appropriate unit assignment codes.
ii. Enter appropriate poll code.
iii. Calibrate touch screen.
iv. Verify proper PCATS operation by conducting a test in cooperation
with the Department’s Alarm Dispatcher using a simulated alarm
message transfer.
c. The Contractor shall be required to set up the start up folder in order to run
the summary screen software on the spare DPCS equipment at Summary
Screen Locations, as listed in Appendix III.
d. The Contractor shall be required to bring up the different screens and send
a message to another dispatch position on the spare DPCS equipment that
utilize Interactive Screens, as listed in Appendix III.
Page 23 of 54
4. The Contractor shall immediately notify the FDNY Representative of any
problem with the sixty (60) Milliampere Current Loop or Wide Area Network
while performing a repair service call and provide technical support to FDNY
at no additional charge.
5. At the sole option of the FDNY, the Contractor shall install (roll out) new
versions of the PCATS Terminal Emulation software, developed by FDNY or
any other required software onto the PCATS Workstations.
6. Refer to Appendix I (I) for a list of equipment and locations.
II. PCATS ON-CALL UPGRADE, ENGINEERING/TECHNICAL AND SYSTEMS
INTEGRATION SERVICES REQUIREMENTS
At the sole option and discretion of the Fire Department, the Contractor shall provide
the following on-call services:
A. Engineering Support Services
1. The Contractor shall provide engineering support services. Engineering
support services shall include but are not limited to, performing design
modifications of components, resolving operational problems, programming
enhancements for fiber ATS, design, installation and support of test ATS
devices, performing diagnosis and analysis of field repair requests. The
Department reserves the right to accept or reject any Contractor recommended
modifications. All services shall be performed in accordance with applicable
OEM specifications.
B. Optional Programming and/or Technical Services
1. The Contractor shall provide a programming pool in support of optional
programming and/or technical services that shall include but not be limited to
relocating equipment, relocating equipment cables, equipment set-up, and
installation of software developed by FDNY or COTS product manufacturers
or Contractor developed software products.
2. The Contractor shall provide software integration development services for
ongoing enhancements in support of modernized/improved service delivery.
All software developed under the terms of the Agreement shall be in
accordance with Appendix H herein.
C. Any equipment added or work performed as optional services shall become part
of this Agreement and subject to warranty, maintenance and repair as specified
herein. All work performed under this section must be approved, in writing, by
the FDNY Authorized Representative and ACCO.
Page 24 of 54
D. A sum as specified on the Price Schedule shall be included in the Agreement in
order to address the optional purchases of parts, software, components, or other
modernized equipment.
Page 25 of 54
APPENDIX – C
STARFIRE SYSTEMS
I. STARFIRE MAINTENANCE AND REPAIR SERVICES
A. Preventative Maintenance and Repair Services for Central Office, PSAC, and
MetroTech Center Locations
1. The Contractor shall provide two levels of Preventative Maintenance and
Repair Services to maintain the Starfire System. Premium Service and
Regular Service windows are as defined herein.
2. The Contractor shall provide updates to the existing Starfire Systems
proprietary software in order to maintain the Starfire System. At the sole
option of the Department, the Contractor shall provide ODM Services for the
Starfire System.
3. Hardware maintenance Services shall include but not be limited to the
following equipment: ICS Equipment (including all concentrator equipment),
spares (for Blackbox COSII, A/B Switch, Stat Mux, router, and ICS), Current
Loop Interface Controller (CLIC), and Paradyne Modems.
4. The software maintenance Services shall include but not be limited to the
Starfire System software on both the central Open VMS platforms, Windows
NT concentrator and the Current Loop Interface Controller (CLIC).
5. The Contractor shall provide Services as specified at various Fire Department
Facilities located throughout the City including but not limited to:
a. Manhattan Central Office
b. Queens Central Office
c. Bronx Central Office
d. Brooklyn Central Office
e. Staten Island Central Office
f. FDNY 9 MetroTech Center
g. FDNY Central Computer Room & PSAC (11 MetroTech Center)
6. Software Maintenance Support Services
Page 26 of 54
a. The Contractor shall supply three full-time programmers to provide
software maintenance and support of Central Starfire System (CMICS).
The programmer shall dedicate the majority of time resolving problems.
During any remaining time the programmer will perform changes to the
Starfire code as directed by the Starfire Programming Manager or his
designee. These services can be ended at the discretion of the Fire
Department.
b. The Programmers shall work eight (8) hours a day, Monday through
Friday, exclusive of Holidays.
c. The programmer shall remain an employee of the Contractor and shall not
be considered an employee of the Fire Department or New York City.
d. The Department shall supply the programmer with all materials and
equipment necessary for the performance of the assigned work.
e. The Contractor shall submit the following documentation to the
Department representative or the Agency Chief Contracting Officer, for
approval, prior to assignment of a programmer: a detailed resume, copies
of any professional licenses, degrees or other credentials.
f. The contractor shall provide the following software support services for all
software maintenance activities performed
g. Work with FDNY personnel to review software modification impact on
FDNY operations
h. Assist FDNY in the performance of testing of all software changes
i. The Contractor shall maintain additional programming resources that shall
be used to resolve, at no additional cost, reported software problems with
the Concentrators, SRS, Current Loop Interface Controllers (CLICs,)
CD&C, etc. This support will include programmer services to provide
Visual Basic, C and C++ software maintenance for these systems.
j. The Contractor’s employee shall follow all Department rules and
regulations while staffed at Department facilities.
7. Starfire System Preventative Maintenance and Repair Services
a. The Contractor shall provide on-site Preventative Maintenance and Repair
Services to ensure that the Starfire System, software, hardware,
equipment, parts, additions, and modifications is performing according to
OEM specifications. An acceptable level of maintenance is defined as the
level of maintenance needed, consistent with the OEM’s recommended
Page 27 of 54
frequency of maintenance, which will preserve the Starfire System,
software, hardware, equipment, parts, additions and modifications thereof
in unimpaired operating condition and above the point at which
deterioration will begin.
b. Preventative Maintenance and Repair Services shall include the repair or
replacement of any defective components of the Starfire System as a
whole, which have been determined to be the cause of the equipment
malfunctioning or to be inoperable or unserviceable.
c. Preventative Maintenance and Repair Services shall include but not be
limited to cleaning, necessary adjustments, replacement of parts, and Fire
Department approved engineering changes deemed necessary by the
Contractor.
d. Preventative Maintenance and Repair Services shall also include
configuration of the start up folder in order to run the summary interactive
screens and CMO software on the spare PC workstations and the provision
of Anti-Virus Software and updates for all Starfire System terminals.
i. The Contractor shall provide Preventative Maintenance and Repair
Services to ensure that the Starfire System, software, hardware,
equipment, parts, additions and modifications thereof shall operate in
accordance with its intended use.
ii. The contractor shall provide the necessary personnel to perform testing
of the backup borough positions to support backup dispatch
operations.
iii. The Contractor shall provide all necessary personnel and materials, to
meet its obligations as delineated for Remedial Maintenance Services.
iv. Any items of software, hardware or component parts thereof, which
are added, or replaced for items that are eligible for Services, are
immediately incorporated herein, and all and any terms and
requirements delineated shall be applicable.
v. The Contractor shall maintain a reliability uptime rate of 99.9% for
each component in the Starfire System as a whole. The calculation of
such uptime shall be average uptime percentage shall be a fraction
computed over a thirty (30) day continuous period where the
numerator is the Starfire System uptime (actual) in hours and the
denominator is Starfire System uptime (required). The uptime
percentage computed shall exclude any scheduled maintenance
downtime, Integrity hardware failure, Central System hardware failure
or any other events outside the reasonable control of the Contractor.
Page 28 of 54
e. The Contractor shall provide two levels of Preventative Maintenance and
Repair Services maintain the Starfire System: Premium Service and
Premium Service.
i. Regular Service
The Contractor shall arrive at the Fire Department Facility in
accordance with the Section III (F)(1)(a)(i) with the appropriate
personnel and materials. The Contractor shall complete all Services
within twenty four (24) hours of notification.
If any of the following conditions are found to exist, the Contractor
shall contact the Fire Department Project Manager or FDNY
Authorized Representative for further instructions and authorization:
(a) The work required is substantially more extensive or difficult than
the specific service call request indicated.
ii. Premium Service
The Contractor shall arrive at the appropriate Fire Department Facility
with the appropriate personnel and materials in accordance with
Section III (F)(1)(a)(ii) and continue work until the problem is
resolved. The Contractor shall complete all Services within twenty
four (24) hours of notification. Service requests shall be categorized
as requiring the Premium Service window when the following
conditions exist:
(a) Central System Software is down
(b) Any Borough Concentrators are inoperable at any one (1) primary
listed location.
(c) One (1) Two (2) or more Starfire workstations are listed as
inoperable at any one (1) listed location.
(d) Two (2) or more SEPS are listed inoperable at any one (1) listed
location.
(e) Two (2) or more Starfire workstations are unable to run the CMO
program at any one (1) listed location.
(f) Two (2) or more CMO printers are inoperable at any one (1) listed
location.
Page 29 of 54
(g) EMADS at the Brooklyn CO, Queens CO OR Staten Island CO are
inoperable.
(h) CD & C are inoperable at either workstation at the 11 MetroTech
Center OPS Control Center) is inoperable. The Contractor shall
perform any preventative maintenance deemed necessary at the
time of the service call, at no additional charge.
iii. Refer to Appendix I (II) for list of equipment and locations.
II. STARFIRE ON-CALL UPGRADE, ENGINEERING/TECHNICAL AND
SYSTEMS INTEGRATION SERVICES REQUIREMENTS
At the sole option and discretion of the Fire Department, the Contractor shall provide
the following on-call services:
A. Engineering/Technical Support Services
1. The Contractor shall provide engineering and technical services in support of
Starfire Systems and associated equipment and components. Engineering and
technical support services shall include but not be limited to performing
design modifications of components, resolving operational problems,
performing diagnosis and analysis of field repair requests at no additional
charge. The Department reserves the right to accept or reject any Contractor
recommended modifications. All services shall be performed in accordance
with applicable OEM specifications.
2. ASMG Services
a. The Contractor shall provide repositioning Services for the Starfire
System and associated equipment and components currently located at a
specific CO and/or at Headquarters to an alternate location designated by
the FDNY. The Services may include movement of equipment from its
original site to another single site. The repositioning Services shall
include but not be limited to the following:
i. Complete disassembly of the Starfire System and associated
equipment;
ii. Packaging and labeling of all Starfire System equipment and
components to be relocated; and
iii. Reassembly of the Starfire System and associated equipment at the
new location.
b. The Contractor shall perform the corrective hardware or software
maintenance necessary to ensure that the Starfire System and associated
equipment and components are fully operable after transport and
reassembly.
Page 30 of 54
B. Software Enhancement Requirements
1. The Contractor shall provide a programming pool to allow for design,
development, testing and documentation of software modifications to the
Starfire System (including CMICS, NT Concentrator, SRS and CD&C
software) as necessary. A partial list of possible future enhancements follows:
a. Development of interfaces to other FDNY systems, such as Modernized
ERS and Voice Alarm Systems, fiber, ECB, RFID, EFAS, fire station
alerting, Sprint interface.
b. Migration of geographic subsystem to an alternate platform.
c. Business process analysis, specification, integration and/or development
of combined Fire and EMS communications and dispatch system.
2. All software developed under the terms of the Agreement shall be in
accordance with Appendix H herein.
C. Any equipment added or work performed as optional services shall become part
of this Agreement and subject to warranty, maintenance and repair as specified
herein. All work performed under this section must be approved, in writing, by
the FDNY Authorized Representative and ACCO.
D. A sum as specified on the Price Schedule shall be included in the Agreement in
order to address the optional purchases of parts, software, components, or other
modernized equipment.
Page 31 of 54
APPENDIX – D
SRS
I. SRS MAINTENANCE REQUIREMENTS
A. Preventive Maintenance and Repair Services for COs and PSAC
1. Preventative Maintenance.
The Contractor shall develop a schedule for routine preventive maintenance of
the Equipment according to the specific needs of individual items of
equipment. Within seven (7) calendar days from the date of the Notice to
Proceed, the Contractor shall deliver the schedule for routine preventive
maintenance, in writing, to the FDNY Authorized Representative for
approval.
a. The Contractor shall complete the preventive maintenance at each FDNY
Facility within fourteen (14) calendar days from the date of the
commencement of work. The Contractor shall provide oral notification to
the FDNY Authorized Representative two (2) business days prior to the
date of commencement of the preventive maintenance service. The FDNY
reserves the right to change the preventive maintenance schedule at any
time throughout the duration of the Agreement at no additional charge.
Requests by the Contractor for permission to deviate from the approved
schedule shall be submitted to the FDNY Authorized Representative for
approval.
b. Preventive maintenance shall include but not be limited to the following
services:
i. Inspect wiring and connections.
ii. Clean the Equipment as required.
iii. Replace or repair failed assemblies, sub-assemblies, or other
malfunctioning components, as required.
iv. Check and adjust controls.
v. Set all adjustments to OEM specified values.
2. Repair and Service Calls
a. The Contractor shall provide repair service twenty-four (24) hours per
day, seven (7) days per week. Service calls shall consist of arriving at the
Page 32 of 54
FDNY Facility designated by the Fire Department with the appropriate
personnel and materials. The Department may make requests for service
by telephone or other means.
b. Regular Service
i. The Contractor shall arrive at the Fire Department Facility in
accordance with the Section III (F)(1)(a)(i) with the appropriate
personnel and materials. If the call for service is made after 5:00 pm,
or outside the above referenced Service window, then the response
shall be within two (2) hours of the start of the next Service window,
unless specifically requested by the FDNY to provide a Premium
Service level response.
c. Premium Service
i. The Contractor shall respond to the designated location within one (1)
hour after notification from the Department in accordance Section
III(D)(a)(iii) herein.
d. The Contractor shall complete the repair the same day that the Contractor
responds to the service call. If repairs necessitate the Contractor returning
a second day, the Contractor shall contact the FDNY Authorized
Representative for further instructions and authorization.
II. SRS ON-CALL UPGRADE, ENGINEERING/TECHNICAL AND SYSTEMS
INTEGRATION SERVICES REQUIREMENTS
At the sole option and discretion of the Fire Department, the Contractor shall provide
the following on-call services:
A. Engineering and Technical Support Services
1. The Contractor shall provide engineering support services. Engineering
support services shall include but are not limited to, performing design
modifications of components, resolving operational problems, and performing
diagnosis and analysis of field repair requests at no additional charge. The
Department reserves the right to accept or reject any Contractor recommended
modifications. All services shall be performed in accordance with applicable
OEM specifications.
B. Optional Programming and/or Technical Services
1. The Contractor shall provide a programming pool in support of optional
programming and/or technical services that shall include but not be limited to
relocating equipment, relocating equipment cables, equipment set-up, and
Page 33 of 54
installation of software developed by FDNY or COTS product manufacturers
or Contractor developed software products.
2. The Contractor shall provide software integration development services for
ongoing enhancements in support of modernized/improved service delivery.
All software developed under the terms of the Agreement shall be in
accordance with Appendix H herein.
C. Any equipment added or work performed as optional services shall become part
of this Agreement and subject to warranty, maintenance and repair as specified
herein. All work performed under this section must be approved, in writing, by
the FDNY Authorized Representative and ACCO.
D. A sum as specified on the Price Schedule shall be included in the Agreement in
order to address the optional purchases of parts, software, components, or other
modernized equipment.
Page 34 of 54
APPENDIX – E
VA SYSTEM REQUIREMENTS
I. VOICE ALARM SYSTEM MAINTENANCE AND REPAIR SERVICES
A. Repair Services for Central Office and PSAC Equipment
1. The Contractor shall provide all parts, material, labor, supplies, and tools
required to repair all the Equipment in approximately two hundred and twenty
nine (229) FDNY Facilities and provide preventive maintenance for the VA
equipment located in the fire (5) Central Offices, PSAC I and PSAC II. This
includes the provision of all replacement parts and component systems
required to maintain the Equipment operational in accordance with all
manufacturers’ published specifications. All work shall be performed in
accordance with the Original Equipment Manufacturer (“OEM”)
specifications. The work shall consist of, but shall not be limited to, the
following services:
a. Provision of yearly preventative maintenance services;
b. Performance of periodic adjustments to Equipment;
c. Replacement or adjustment of defective controls, wiring, or switches;
d. Replacement or refurbishment of modules, components, printed circuit
boards, failed assemblies or sub-assemblies;
e. Repair or replacement of intercom power supplies; and
f. Replacement of defective batteries and maintain spare batteries.
2. The Contractor shall be responsible for making wiring changes, switch
settings changes, and any other changes to the CADS/VA Interface System as
a result of changes to the configuration of the CADS/VA Interface System.
The VA systems will require minor changes. The Contractor will be notified
when configuration changes are required. The Contractor shall follow the
FDNY Change Management process and provide documentation to the FDNY
describing the configuration immediately after any configuration revision.
a. The Contractor shall be required to provide answers to technical questions
via telephone to Fire Department personnel at no additional cost.
b. The Contractor shall be required for coordinating with, and supporting
Verizon, Con Edison, NICE, FDNY electricians or other organizations to
aid in the solution of problems related to the Equipment covered by this
Agreement.
c. The Contractor shall promptly notify the FDNY Authorized
Representative in the cause of the malfunctions is not the Equipment.
Page 35 of 54
B. Preventive Maintenance.
1. Preventive Maintenance shall consist of arriving at the FDNY facility
designated by the FDNY with the appropriate personnel and materials and
performing preventive maintenance procedures.
2. The Contractor shall commence annual preventive maintenance on the VA
and VA Interface systems, located in each borough Central Office, PSAC and
firehouses, within seven (7) calendar days from the date of Notice To Proceed.
The Contractor shall complete the preventive maintenance service at each
facility within seven (7) calendar days from the date of the commencement of
work. Subsequent preventive maintenance shall be scheduled every six (6)
months. The Contractor shall provide oral notification to the FDNY
Authorized Representative two (2) business days prior to the date of
commencement of the preventive maintenance schedule at any time
throughout the duration of the Agreement at no additional charge. Requests
by the Contractor for permission to deviate from the approved schedule shall
be submitted to the FDNY Authorized Representative for approval.
3. Preventive maintenance services shall include but not be limited to the
following services:
a. Clean Equipment and Equipment cabinets;
b. Inspect and calibrate Equipment
c. Check for proper operation of Equipment;
d. Adjust all power supplies;
e. Assure that all indicators are operative;
f. Remove and replace any defective or unserviceable parts;
g. Replacement of Firehouse Voice Alarm Batteries; and,
h. Testing of Firehouse Voice Alarm Batteries
4. Replacement of Firehouse Voice Alarm Batteries
a. The Contractor shall remove existing VA batteries from the firehouses and
replace them with nine hundred sixteen (916) VA batteries located in two
hundred and thirty-three (229) firehouses throughout the five (5)
boroughs. Presently each firehouse has four (4) VA batteries. The
batteries shall be installed during the first six months from the date of
Notice to Proceed. The Contractor shall deliver the schedule in writing to
the FDNY Authorized Representative for the removal and replacement of
the batteries. The new batteries shall be Eagle Pitcher, model CF twelve
volts, eight amp hours (12V8) or FDNY approved equal.
b. The Contractor shall provide the FDNY with a total of one hundred (100)
spare batteries. The spare batteries shall be stored at the Contractor’s
Page 36 of 54
facility. The Contractor shall keep the spare batteries properly charged so
that they can be utilized as replacements upon FDNY request.
c. The Contractor shall remove and dispose of the VA batteries in
accordance with all applicable Federal, State, and City codes, rules, and
regulations for hazardous waste removal. The Contractor shall be
responsible for obtaining all applicable permits and submitting them to the
FDNY Authorized Representative before proceeding with battery removal
and replacement. The Contractor shall supply the FDNY with all required
documentation verifying removal of the batteries in accordance with
hazardous waste requirements before payment for battery replacement will
be made.
5. Periodic Testing of Firehouse Voice Alarm Equipment and Batteries
a. For the duration of this Agreement the Contractor shall visit each
firehouse at least once during each six-month period and test the VA
Equipment and batteries to assure that the Equipment is functioning
properly and that the batteries are not defective, and will perform as
required if needed to provide power to the firehouse VA equipment.
Equipment tests shall include but not be limited to the equipment listed
herein. The first Battery test shall be performed during the battery
installation as specified herein. The test shall include taking measurements
of the battery characteristics while the batteries are under electrical load in
the absence of AC input power or another method approved by the FDNY.
Testing shall be done in accordance with a written test procedure that has
been approved by the FDNY. The test procedure shall list the test
equipment used and shall include a test data sheet that includes the date
that the test was performed and all pertinent test readings. Any VA
batteries found to be defective during this testing shall be replaced
immediately. Upon completion of testing of all firehouse VA batteries the
test data shall be submitted to the FDNY. The Contractor shall not receive
payment for VA battery testing until the test data sheet has been reviewed
and accepted by the FDNY.
C. Repair Service Calls
1. Repair service calls shall consist of arriving at the FDNY facility designated
by the FDNY with the appropriate personnel and materials. The Contractor
shall perform all troubleshooting of the Equipment to determine the cause of
the malfunction. The Contractor shall perform all necessary repairs of the
Equipment including but not limited to the replacement of failed parts,
subassemblies, or circuit boards, the changing of power supplies, the
replacement of batteries for the firehouse VA equipment, and the repair by
telephone or other means. The Contractor shall complete the repair the same
day that the Contractor responds to the service call.
Page 37 of 54
2. The Contractor shall provide repair service calls twenty-four (24) hours per
day, seven (7) days per week, three hundred sixty five (365) days per year.
The Contractor shall perform two types of repair service calls: Regular
Service and Premium Service.
3. Regular Service
a. The Department may make requests for repair service by telephone or
other means. The Contractor shall initiate evaluation of the repair service
call to determine the action to be taken within thirty (30) minutes after
notification from the Department occurring within the service window
period from 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding
Holidays as defined herein. If the repair service call requires an immediate
site visit by the Contractor, the Contractor shall respond to the designated
location within three (e) hours after notification. The Contractor shall
acknowledge the request for repair service within fifteen (15) minutes
after FDNY notification. If the call for repair service is made after 2 p.m.
or outside the Regular Service window the response shall be within two
(2) hours of the start of the next regular service window, unless
specifically requested by the FDNY to provide Premium Service.
b. Regular repair service calls for VA’s using Verizon leased lines for
communication shall consist of determining whether the failures are a
malfunction of the VA equipment itself, or a malfunction in the Verizon
communication line between the CO and the firehouse or a malfunction in
another part of the system. The Contractor shall contact Verizon to
determine if the failure is caused by a problem in a Verizon leased line.
The Contractor shall be responsible for appropriate notification to FDNY
Authorized Representative if the cause of the malfunction is not the
equipment or the Verizon leased line. When the VA using a Verizon
leased line is inoperative, the Contractor shall be the first notified of such,
and the notification will come from FDNY personnel.
c. If a failure occurs in a VA that uses an FDNY cable for communication,
the FDNY will first verify that the problem is not with the FDNY cable
before requesting a repair service call from the Contractor, by telephone or
other means.
d. The Contractor is not responsible for repair of the VA speakers at the
firehouses or for supplying AC power to the Equipment. The Contractor is
not responsible for repairs of firehouse wiring that connects the VA
systems to each other or the wiring that connects the VA system to the
Verizon communication line.
4. Premium Service
Page 38 of 54
a. The Contractor shall respond to the designated location within one (1)
hours after notification from the Department occurring during the
Premium Service window as defined herein. The Contractor shall
acknowledge the request for service within fifteen (15) minutes of receipt
of FDNY notification.
II. VOICE ALARM SYSTEM ON-CALL UPGRADE, ENGINEERING/TECHNICAL
AND SYSTEMS INTEGRATION SERVICES REQUIREMENTS
At the sole option and discretion of the Fire Department, the Contractor shall provide
the following on-call services:
A. Technical Services
a. The Contractor shall provide optional technical services that shall include but
not be limited to the delivery and installation of new equipment, the delivery
of additional spare parts, the repair or refurbishment of assemblies or sub-
assemblies damaged by other than normal wear and tear, the design and
implementation of modifications to the existing Equipment, the maintenance
of equipment added to the agreement, or the relocating of Equipment or
Equipment cables.
b. A sum as specified on the price schedule shall be included in the Agreement
in order to address the optional purchase of parts, components, or Equipment.
c. The Contractor shall provide additional spares as listed below as required for
maintenance and support of the VA Systems. The Contractor shall provide
pricing for quantities as listed in the price schedule.
Item
Voice Alarm Auxiliary Station Cover Assembly
Voice Alarm Auxiliary Station Cover Assembly (Housewatch)
Voice Alarm Console Auxiliary Station Terminal Box Assembly
Voice Alarm VA Box Assembly
Voice Alarm Battery Box Assembly
Voice Alarm Battery Replacement
Voice Alarm Battery Spares
Voice Alarm Battery Test Sets
d. The Contractor shall submit separate prices for the design and manufacturing
of the VA Wall Boxes, which the FDNY may at its sole option, chose to
purchase. The VA Wall Box is the electrical equipment box that mounts to
the wall of the firehouse and onto which the VA Door Assembly is mounted.
Manufacturing drawings no longer exist for the VA Wall Box and must be
generated by the Contractor. The design of the VA Wall Box and the
Page 39 of 54
manufacturing drawings shall be subject to the approval of the FDNY. The
Contractor shall provide separate prices for the design and preparation of the
manufacturing drawings and for the manufacturing of the VA Wall Box in the
quantities as listed in the Price Schedule.
B. Optional Programming and/or Technical Services
1. The Contractor shall provide a programming pool in support of optional
programming installation of software developed by FDNY or COTS product
manufacturers or Contractor developed software products.
2. The Contractor shall provide software integration development services for
ongoing enhancements in support of modernized/improved service delivery.
All software developed under the terms of the Agreement shall be in
accordance with Appendix H herein.
C. Any equipment added or work performed as optional services shall become part
of this Agreement and subject to warranty, maintenance and repair as specified
herein. All work performed under this section must be approved, in writing, by
the FDNY Authorized Representative and ACCO.
D. A sum as specified on the Price Schedule shall be included in the Agreement in
order to address the optional purchases of parts, software, components, or other
modernized equipment.
Page 40 of 54
APPENDIX – F
SILENT HAWK
I. SILENT HAWK MAINTENANCE AND REPAIR SERVICES
A. Preventive Maintenance and Repair Services for COs and PSAC Equipment
1. The Contractor shall provide two levels of Preventative Maintenance and
Repair Services to maintain the Silent Hawk Hardware and software items:
Regular Service and Premium Service.
2. Silent Hawk Services shall include, but not be limited to, maintenance, testing
and repairing of the of defective or worn parts, components, adjustments,
loading of software, trouble shooting, technical assistance, system
functionality, and load testing, and correcting all malfunctions. The
Contractor shall also replace parts including but not limited to, interface
cables, video cards, communication cards, fiber converter cards, sound cards,
touch screens, and motherboards required to keep the Silent Hawk operational
in accordance with all manufacturer’s published specifications. Where
replacement parts are no longer available, the contractor will replace the non-
functional PC with a fully operational modernized PC and/or components that
is able to support the Silent Hawk environment. This replacement must be
approved by the Assistant Commissioner, BTDS or designee.
3. The Contractor shall provide engineering support Services. Engineering
support Services shall include but are not limited to, performing design
modifications of components, resolving operational problems, programming
enhancements for fiber Silent Hawk, design, installation and support of a test
Silent Hawk devices, performing diagnosis and analysis of field repair
requests at no additional charge. The Department reserves the right to accept
or reject any Contractor recommended modifications. All Services shall be
performed in accordance with the OEM specifications.
4. Regular Service
The Contractor shall arrive at the Fire Department Facility with the
appropriate personnel and materials in accordance with the Section III
(F)(1)(a)(i) herein.
5. Premium Service
The Contractor shall arrive at the Fire Department Facility with the appropriate
personnel and materials, in accordance with Section III (F)(1)(a)(ii) herein.
Requests for service shall be made by the Fire Department by telephone or any
other means.
Page 41 of 54
6. The Contractor shall complete repairs within one-half hour of arrival at the
Fire Department Facility. If the Silent Hawk equipment cannot be repaired at
the site within one-half hour after arrival at FDNY Facility, the Contractor
shall inform the FDNY Representative and the Equipment shall be replaced
with a spare.
7. The Contractor shall transport non-functioning Silent Hawk equipment to the
Contractor’s repair facility and complete the repair within two (2) business
days. All repaired Silent Hawk equipment shall be used as spares for future
Service calls.
8. At the sole option of the FDNY, the Contractor shall install (roll out) new
versions of the Silent Hawk software, developed by FDNY or any other
required software onto the Silent Hawk Workstations.
II. SILENT HAWK ON-CALL UPGRADE, ENGINEERING/TECHNICAL AND
SYSTEMS INTEGRATION SERVICES REQUIREMENTS.
At the sole option and discretion of the Fire Department, the Contractor shall provide
the following on-call services:
A. Engineering Support Services
1. The Contractor shall provide engineering support services. Engineering
support services shall include but are not limited to, performing design
modifications of components, resolving operational problems, performing
diagnosis and analysis of field repair requests at no additional charge. The
Department reserves the right to accept or reject any Contractor recommended
modifications. All services shall be performed in accordance with the OEM
specifications.
B. Optional Programming and/or Technical Services
1. The Contractor shall provide a programming pool in support of optional
programming and/or technical services that shall include but not be limited to
relocating equipment, relocating equipment cables, equipment set-up, and
installation of software developed by FDNY or COTS product manufacturers
or Contractor developed software products.
2. The Contractor shall provide software integration development services for
ongoing enhancements in support of modernized/improved service delivery.
All software developed under the terms of the Agreement shall be in
accordance with Appendix H herein.
Page 42 of 54
C. Any equipment added or work performed as optional services shall become part
of this Agreement and subject to warranty, maintenance and repair as specified
herein. All work performed under this section must be approved, in writing, by
the FDNY Authorized Representative and ACCO.
D. A sum as specified on the Price Schedule shall be included in the Agreement in
order to address the optional purchases of parts, software, components, or other
modernized equipment.
Page 43 of 54
APPENDIX – G
RELATED COMMUNICATIONS, OPERATIONS, AND
IT SYSTEMS
I. RELATED COMMUNICATIONS, OPERATIONS AND IT SYSTEMS
PREVENTATIVE MAINTENANCE AND REPAIR SERVICES
A. The Contractor shall provide preventative maintenance and repairs services for
communications, operations and related IT systems in accordance with the repair
services specified Section III (D)(1)(a) or as specified at such time as services are
added to the Agreement.
II. RELATED COMMUNICATIONS, OPERATIONS AND IT SYSTEMS ON-CALL
UPGRADE, ENGINEERING/TECHNICAL AND SYSTEM INTEGRATION
SERVICES REQUIREMENTS
At the sole option and discretion of the Fire Department, the Contractor shall provide
the following on-call services:
A. Engineering and Technical Support, Maintenance, Repair and Equipment
1. The Contractor shall provide on-call engineering and technical support,
maintenance, repair and equipment purchasing to support additional FDNY
Communications, Operations and related IT Systems as required.
a. Engineering and technical support services shall include but not be limited
to performing design modification, resolving operational problems,
performing diagnosis and analysis of field repair requests, reviewing and
approving testing of parts and equipment, approving new product lines for
parts, and maintaining quality assurance and control procedures.
b. Maintenance, repair and provision of equipment for FDNY operational,
communications and telephony systems in addition to the systems listed
herein. Such systems shall include but not be limited to battalion
command boards, electronic command boards, patient tracking systems,
EMD computerized triage systems, telephone systems and related
communications and operations IT systems as required.
B. Additional FDNY Communications, Operations and related IT Systems On-Call
Services
1. Systems Integration Services
The Contractor shall provide a programming pool of hours for systems
business process analysis, systems design and consulting, systems integration,
Page 44 of 54
project management and administration, documentation and training, and
maintenance and support for the design, development, testing,
implementation, and deployment of software and hardware solutions for
additional FDNY Communications, Operations and related IT Systems
services not otherwise specified herein. A partial list of possible projects shall
include but not be limited to:
a. EMD Computerized Triage System.
b. Patient Tracking System Upgrades and Support.
2. The Contractor shall provide software integration development services for
ongoing enhancements in support of modernized/improved service delivery.
All software developed under the terms of the Agreement shall be in
accordance with Appendix H herein.
C. Any equipment added or work performed as optional services shall become part
of this Agreement and subject to warranty, maintenance and repair as specified
herein. All work performed under this section must be approved, in writing, by
the FDNY Authorized Representative and ACCO.
D. A sum as specified on the Price Schedule shall be included in the Agreement in
order to address the optional purchases of parts, software, components, or other
modernized equipment related to any systems under this section of the
Agreement.
Page 45 of 54
APPENDIX – H
SOFTWARE BUSINESS PROCESS ANALYSIS, DEVELOPMENT, TESTING,
DOCUMENTATION AND ACCEPTANCE REQUIREMENTS
I. SOFTWARE BUSINESS PROCESS ANALYSIS
A. The Contractor shall provide business process analysis consulting services to
support systems integration/software development on-call services as required.
The services shall include but not be limited to the following:
1. Evaluation/analysis of current business processes in the affected FDNY
Unit(s);
2. Facilitate and conduct interviews, workshops and related meetings with
business/operational stakeholders;
3. Develop/gather business and functional requirements related to
business/operations needs;
4. Develop flow charts of functional “as is” and/or “future” functional
needs/requirements;
5. Analyze current and future technical architecture requirements and hardware
and software requirements;
6. Develop high-level documentation to support workflow findings and
recommendations including all software and hardware requirements and costs
in support of the recommended development stratagem; and
7. Develop detailed documentation to support the development of functional and
technical requirements.
B. The Contractor shall perform all services in accordance with the highest industry
standards and practices utilizing such tools and methodologies as are required to
meet Department specifications and business requirements.
II. SOFTWARE DEVELOPMENT
A. The Contractor shall provide systems integration, software development and
related on-call services as required. In support of all systems integration, software
development and related on-call services, the Contractor shall provide project
management and quality assurance services in support of those efforts as specified
herein. The Contractor shall make provision for such project plans, status reports,
written specifications and approval processes for the successful development and
Page 46 of 54
deployment of the systems as may be necessary and as mutually agreed upon by
the Contractor and the Department.
B. The Contractor shall develop functional design specifications, technical design
specifications, data models, database table structures, and related stored
procedures, scripts and interface products in accordance with the highest industry
standards and practices utilizing such tools and software development coding
methodologies as are required to meet Department specifications and business
requirements and as mutually agreed upon by the Contractor and the Department.
C. The Contractor shall utilize such business process analysis documentation and
other related documentation as necessary to develop specifications that accurately
reflect the business and technical requirements.
D. The Contractor shall provide copies of all design related documentation for
approval to the FDNY Authorized Representative prior to the commencement of
each project phase.
III. SOFTWARE TESTING REQUIREMENTS
A. The Contractor shall develop test procedures prior to delivery of all systems
integration, software development and related on-call services produced under the
terms of the Agreement herein. The test procedures shall include but not be
limited to test plans and scripts, unit test scripts, user acceptance test scripts
(“UAT”), systems integration test scripts (“SIT”), and all associated test
documentation for use by Contractor and/or FDNY personnel, to include use cases
and expected results of all Contractor and/or FDNY testing as applicable.
B. The Contractor shall develop test procedures and protocols to demonstrate that all
software developed under the terms of the Agreement meet all specifications
outlined by the FDNY at the time of the software development enhancement
request and in accordance with any subsequent project plan related to said request.
C. The Contractor shall provide the Department complete records of observations
and test results for all tests run for Department review, and identify any specific
types of failures for correction. The Contractor shall make appropriate
modifications of the software code, designed to prevent, improve, and/or
eliminate such failures. The Contractor shall subject the reprogrammed software
to the same or similar series of tests, evaluate the effectiveness of changes and
provide all test data to the Department for review.
D. In the case of multi-phase development and/or deployment of software
enhancements, the Contractor shall develop test plans that detail the phased
development, test and deployment cycle schedule. The test approach, methods,
procedures, schedules, system setup and deployment(s) shall include all
Page 47 of 54
dependency requirements for previously tested phases of the project and shall
adhere to testing criteria requirements herein.
E. The Contractor shall procure and/or develop all test tools (software and hardware)
required to implement test plans and make provision for FDNY personnel as
necessary and as mutually agreed upon by the Contractor and the Department.
F. The Final Acceptance Test Procedure shall include but shall not be limited to the
system enhancement list, descriptions of all the tests demonstrating the
functionality of the enhancement, its features, software and hardware, response
time, and diagnostics. Testing shall be performed on systems to include but not
be limited to all applicable software, systems interfaces, COTS products,
networks, POTS lines, hardware/equipment functionality and include systems
located at remote locations.
1. The Contractor shall provide a detailed Final Acceptance Test Procedure with
test data sheets for the system enhancements. The Contractor shall submit the
acceptance test procedure and test data sheets to the FDNY Authorized
Representative for review. The Contractor shall modify the acceptance test
procedure to the complete satisfaction of the Department. The FDNY shall
provide the Contractor with written acceptance of the Final Acceptance Test
Procedure after the satisfactory completion of such modification.
2. Testing shall be conducted in such a way as to minimize the impact on the
day-to-day operations and performance of the existing system(s). All testing
shall be performed on non-production systems. Whenever possible,
simulation shall be used to test modified or newly modified developed code.
III. FINAL ACCEPTANCE OF SOFTWARE ENHANCEMENTS
A. Final Acceptance shall be based on satisfactory completion and delivery of the
following:
1. The system enhancements shall have passed the Final Acceptance Test
Procedures; and
2. All services shall have been delivered to the satisfaction of the FDNY.
B. Final acceptance of the Services by the FDNY shall be in the form of written
notification from the FDNY Project Manager or FDNY Authorized
Representative that the Services, the individual system enhancements, equipment,
software, and the system as a whole are satisfactory and are accepted as
complying with the terms and conditions of the Agreement.
C. The date of final acceptance shall be the date of such written notification.
Page 48 of 54
IV. SOFTWARE ENHANCEMENT DOCUMENTATION REQUIREMENTS
A. The Contractor shall provide the Fire Department with copies of all enhanced
software code, including but not limited to appropriately documented source code
for enhancements.
B. The Contractor shall provide one (1) copy of the latest version of such software
code on a weekly basis during the development and three (3) copies of the final
version upon completion.
C. The Contractor shall provide documentation including but not limited to
drawings, manuals, software listings, database tables, data models and software
flowcharts to fully describe the final, Contractor-developed software for the
applicable system. Equipment or software having standard manufacturer’s model
numbers that is purchased as a COTS product shall be documented with the
manufacturer’s manuals that are supplied with it. Equipment or software that is
custom designed for the system shall be supplied with full documentation
describing it. Documentation shall be provided in Microsoft Word 2008 or later
version on a standard CD ROM.
D. The documentation for all software shall include systematic instructions on
maintenance procedures that may be required for reloading, updating, replacing,
deleting, modifying, or reconfiguring the software and all associated interfaces,
stored procedures and database tables.
E. Equipment or software that is a combination of custom and COTS products, such
as standard model piece of equipment that is modified for the system, shall have
sufficient documentation supplied to fully describe the modification.
F. All drawings and documentation shall be in accordance with best commercial
programming practices and must be submitted to FDNY for review and approval,
prior to acceptance.
G. All documentation shall be delivered to Assistant Commissioner for Technology
Development and Systems, at Fire Department Headquarters.
V. TRAINING
A. The Contractor shall provide training and instruction on all systems integration
products to include but not be limited to custom software development and COTS
products and related hardware equipment. Such training shall include but not be
limited to end user training, train-the-trainer training programs, systems
administration training, expert knowledge transfer, testing/testing tools training,
systems configuration system, and related training as required.
B. The Contractor shall ensure that all trainers are certified as may be required by
statute or manufacturers warranty.
Page 49 of 54
APPENDIX I
FDNY COMMUNICATIONS SYSTEMS SITES/EQUIPMENT LIST
I. PCATS
A. PCATS Locations
B. PCATS SITE EQUIPMENT (Firehouses)
1. Personal Computer, CSS Laboratories Inc. Model: T2DMT
P54C 100 Mhz Pentium Processor
16 MB or 16 MB System Memory
256 KB Cache Memory
642 MB IDE Hard Drive
1.44 MB Floppy Drive
Graphics Adapter, Diamond Multimedia Systems Inc. Model: Stealth 64
Video 2001
Sound Blaster 16, Creative Labs Inc., Model CT 2940
Touch Screen Adapter, Elographics Inc., Model E271-2201
60 Ma Current Loop Interface, B & B Manufacturing Co., Model: 232
FDCL
Video Adapter
B&B EIR102SC (10/100Base)
Transition E-TBT-FRL-05(SC) (10Base)
B&B ESP902 & 12DC1AST
SDSFE3110-120
2. Panasonic Printer, Model: KX-P2130
3. VGA Monitor, Espirit Inc., Model: Espirit 15
4. Touch Screen, Elo Touchsystems. Inc., Model: CK-4158
Borough
Approximate # of Sites per Borough
Manhattan ~66
Brooklyn ~95
Bronx ~43
Queens ~59
Staten Island ~22
Starfire
Development
~3
Page 50 of 54
5. One set of speakers, Premier, Model SP-691
6. Telephone Modem, NU Date Inc. Model: C2272 (only where FDNY Cable is
not operational)
7. Cables
PC to Printer
PC to Monitor
PC to Touch Screen
PC to AC Power
Monitor to AC Power
8. Interface Wiring
Current Loop or Telephone Line via Modem
Voice Alarm System
Current Loop-Line Maintenance Switch
AC Power Outlet
C. MODERNIZED ATS EQUIPMENT (FIREHOUSES)
Roll printer
Uninterruptable Power Supply
Fiber Converter
Modernized ATS Unit
External Speakers
USB Cables
Cat5e Cables and Cabling
Stereo cables
DB9 Connector
II. STARFIRE
A. Starfire Equipment Locations
1. Starfire equipment is installed at the following locations:
PSACI in downtown Brooklyn, New York
MANHATTAN CO
BROOKLYN CO
BRONX CO
QUEENS CO
STATEN ISLAND CO
Page 51 of 54
FDNY HEADQUARTERS at MetroTech Center, Brooklyn, NY
11201
FDNY Data Centers at the MetroTech Center Campus, Brooklyn, NY
11201
B. Starfire Workstation Equipment*
1. HP XW4600,XW4400, and Z240 SFF workstations including a small
number of CSS Laboratories Inc. #T2DMT. Each workstation is
equipment with associated monitors, keyboards and mice.
2. Remote Keyboard
3. KVM’s
4. Printers
5. Cables
6. Test bed equipment
Page 52 of 54
APPENDIX J
FIREGROUND ACCOUNTABILITY PROGRAM
I. Fireground Accountability Program (FGAP) Applications and Utilization
A. EFAS: Electronic Fireground Accountability System
This application registers emergency alerts and Mayday calls from distressed
firefighters. Once the distressed member depresses the emergency alert button
on the handie talkie, the EFAS system displays the firefighter’s name and
assigned radio information, gathered from the eBF-4 application, notifying
those on scene that a fellow firefighter needs assistance. This application
currently resides on the Division and Battalion Chiefs’ mobile data terminals
and portable computers and tablets.
B. eBF-4: Electronic Ride List
This is a web-based application that requires FDNY Chiefs and Officers to
prepare, print and submit an electronic version of the paper based BF-4 riding
list form. This is a time-saving application used to streamline the process of
identifying personnel assignments when twice daily changeovers occur for the
standard 9X and 6X tour shifts, consisting of nearly 11,000 firefighters. As of
2015, all EMS Operations personnel are captured in the eBF-4 via their MDT
login with anticipation of eventually feeding into EFAS. Currently only EMS
members that carry HT fireground radios are interfaced with EFAS. eBF-4 is
also being developed to be accessible from the in-rig MDTs.
C. ETS: Evidence Tracking System
This is a web-based application that supports Safety Command's task of
logging, identifying, collecting, monitoring, storing and reporting of all
evidence. ETS provides a general repository enabling FDNY users to access
evidence data, enter/assign/retrieve evidence information tracked to FDNY
case number, capture uploaded supporting files and close out cases. ETS
accessibility is limited to Safety Command.
D. FGAP Dash Board
The FGAP Dashboard provides open incident awareness by gathering
Fireground Accountability Program (FGAP) data into a single application
accessible from authorized FDNY workstations. Limited data is available
from FGAP sources: EFAS, eBF-4, Radio Frequency Identification, Spare
Handie-Talkie/Spare Mask applications.
E. HT: Handie-Talkie Radio List
This is a web-based application that manages FDNY's inventory of
Fireground Radios and enables FDNY Chiefs to loan and transfer spare HT
radios to firefighters in the event that their permanent Fireground radios
become non-operational. The HT Radio List also provides FDNY Chiefs with
Page 53 of 54
an up-to-date printable list of spare HT radios that are currently being used in
the field. Within the Electronic Fireground Accountability System (EFAS),
the HT Radio List and Electronic Riding List (eBF-4) interface to provide
firefighter specific assignment and radio information on the EFAS display
when Rollcalls are performed and Mayday alerts are received.
F. SCBA: Spare Self-Contained Breathing Apparatus Mask List
This is a web-based application that manages FDNY's inventory of spare self-
contained breathing apparatus (SCBA) masks. The application enables FDNY
Battalions to loan spare SCBA masks to firefighters in order to replace a mask
that has become nonoperational. FDNY Chiefs can print an up-to-date list of
spare SCBA masks from the Spare SCBA Mask List application along with a
list of spare HT radios currently used in the field. When utilized in
conjunction with the Pak-Tracker system, the SCBA mask produces a unique
signal from its PASS alarm which can be detected by the Pak-Tracker to help
identify the location of a distressed firefighter.
II. Fireground Accountability Program Maintenance and Repair Services
A. Software support and maintenance: The contractor shall provide services for
software defect investigation; root cause analysis; defect resolution;
operational software changes; release testing activities and software
deployment. All software maintenance activities will be based on FDNY
documented requirements or defect reports as provided to the vendor.
Software maintenance services will include the setup, configuration and
testing of any new or existing FGAP servers and associated equipment based
on FDNY requirements. All contractor proposed software modifications in
response to FDNY requirements shall be documented and tested by the
contractor and approved by FDNY prior to implementation. All FGAP
applications identified above require this level of support and maintenance.
While it is anticipated that the vendor will be able to perform this work
remotely, Ops/Safety does not manage the FGAP servers and it would be up
to the vendor to request remote access, from BTDS, subject to any NYC or
FDNY limitations/restrictions. In the event that remote diagnosis and
correction of the software defect is not possible, the vendor would be required
to travel to FDNY locations with NYC to troubleshoot and repair. Location
would be dependent on the current server locations (primary, backup,
development) and where the issue was identified.
B. Hardware support and maintenance: The contractor shall provide hardware
support and maintenance, including replacement of any failed parts/hardware
of the Evidence Tracking System. Current hardware consists of: Evidence
laptops, scanners, label printers, specialty labels and associated cables. This
hardware is currently located at an FDNY sites in Brooklyn & Queens, NY.
C. Premium Service
Page 54 of 54
The Contractor shall arrive at the Fire Department Facility with the appropriate
personnel and materials, in accordance with Section III (F)(1)(a)(ii) herein.
Requests for service shall be made by the Fire Department by telephone or any
other means. All service requests for FGAP applications shall be considered
premium service requests.
D. The Contractor shall complete repairs within one-half hour of arrival at the
Fire Department Facility. If the FGAP equipment cannot be repaired at the
site within one-half hour after arrival at FDNY Facility, the Contractor shall
inform the FDNY Representative and hardware shall be replaced with a spare.
E. The Contractor shall transport non-functioning FGAP equipment to the
Contractor’s repair facility and complete the repair within two (2) business
days. All repaired FGAP equipment shall be used as spares for future Service
calls.
F. At the sole option of the FDNY, the Contractor shall install (roll out) new
versions of the FGAP software, developed by FDNY or any other required
software onto the FGAP workstations.
