Request for Proposal

for

IT Consulting Services:
Senior DataStage ETL Developer

Issued by

NEW YORK CITY EMPLOYEES’ RETIREMENT SYSTEM

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 Proposal Reference ID#: 12132018-ETLDev

Proposal Release Date:

11/19/2018

Dear Vendor:

The New York City Employees’ Retirement System (“NYCERS”) is initiating a Request for
Proposal (“RFP”) for IT Consulting Services to hire one (1) Senior DataStage ETL
Developer. The determination for award shall be made to the responsible proposer(s) whose
proposal is determined to be the most advantageous to the New York City Employees’ Retirement
System and the City taking into consideration the price and such other factors or criteria that are set
forth in the RFP.

Please refer to the following Sections and Attachments of this RFP:

Section A: Project Scope

Section B: Proposal Instructions
Section C: Proposal Terms and Conditions
Section D: Evaluation and Contract Award
Section E Iran Divestment Act Compliance Rider for New York City Contractors
Section F: Doing Business Data Form Notice
Section G: Link to “Appendix A” General Provisions Governing Contracts for Consultants,
Professional and Technical Services, including the Affirmation and Broker’s
Certification and Notice of City's Payee Information Portal (PIP)
Section H: IT Consulting Services Sample Contract
Section I: Proposal Response Requirements

Attachment A: Vendor Information Form

Attachment B: Cost Proposal (submit under separate attachment)
Attachment C: Reference Form (see section C.8)
Attachment D: Vendor Acknowledgment of New York State Freedom of Information Law
Attachment E: Acknowledgment of Addenda
Attachment F: Iran Divestment Act Compliance Rider and Bidder’s Certification
Attachment G: Doing Business Data Form
Attachment H: Tax Affirmation and Certification by Insurance Broker or Agent and Certification
of Insurance (COI) (see section C.9)

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A. PROJECT SCOPE

NYCERS seeks one (1) Senior DataStage ETL Developer to work with the Information
Technology (IT) Division for a period up to 36 months. NYCERS reserves the right to hire
the candidate(s) as an employee, at no additional cost, after a period of six (6) months. The
Developer will primarily be responsible for creating and maintaining ETL applications
using IBM DataStage v11.5.

The Developer must be available to work a minimum of 40 hours per week.

1. Mandatory Skills: Candidates must meet all the requirements below to be considered for
the Senior DataStage ETL Developer position:

• Minimum of five (5) years of recent experience developing applications using IBM
DataStage ETL.

• Deep knowledge of DataStage Engine administration.

• Extensive experience with IBM DataStage Designer and Director.

• Experience migrating mainframe VSAM data to relational and/or multidimensional

SQL databases.

• Experience with Legacy and Unstructured data.

• Experience working in multiple development environments/systems: IBM Mainframe,

Windows Server, UNIX and SQL Server.

• Strong SQL knowledge working with complex queries and stored procedures.

• Proficiency in mainframe applications encompassing JCL, COBOL, VSAM and DB2.

• Excellent interpersonal, communication, presentation, writing, analytical, problem

solving, and information gathering skills along with fundamental technique
troubleshooting abilities.

• Strong analytical skills demonstrated by the ability to receive and analyze requirements
and propose a suitable solution that adheres to the team’s methodology.

2. Preferred Experience:

• Experience with IBM Information Analyzer and IBM WebSphere.

• Experience extracting business rules from the existing legacy code.

• Experience with IBM Rational Asset Analyzer.

• Experience with MS Visual Studio and .NET.

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 • Experience developing applications in IBM VSE mainframe environment

3. Assumptions Regarding Consultant Tasks and Deliverables

The ETL Developer shall provide NYCERS’ Data Management with technical expertise for
the completion of Data Quality, Profiling, Cleansing and Migration efforts as well as
NYCERS’ ongoing process improvement programs. The following deliverables shall apply:

• Analyze business requirements and design applications.

• Work with data SME’s to modify applications improving the existing business processes.
• Actively participate in optimization and performance tuning of existing ETL and SQL
processes.
• Transform technical specifications into ETL processes to load the data for cleansing prior to
the migration.
• Provide business units with ad-hoc deep-dive analytical reports in support of business rules
parsing effort.
• Collaborate with technical leads in identifying and addressing production issues and data
quality gaps.
Support processes that proactively detect, correct, and prevent invalid data values.

B. PROPOSAL INSTRUCTIONS

1. A pre-proposal conference will not be held. Upon receipt of this request, you are afforded
the opportunity to e-mail questions only to the Designated Contact at rfp@nycers.org.

2. Vendors may only submit a total of one (1) candidate. If more than one candidate is
submitted, NYCERS will only review one resume and the other candidates’ resumes will
not be reviewed or evaluated.

3. Vendors may not submit resumes for candidates that are represented/employed by a third-
party sub-contractor.

4. If a candidate’s name is submitted by more than one vendor, the candidate will be
considered for the position. If a candidate is selected that has been submitted by more than
one vendor, NYCERS will make the award to the vendor with the lowest price. If both
vendors offer the same price, NYCERS will permit each vendor to submit a best and final
offer. If the best and final offers are identical, the candidate will be disqualified unless the
vendor can provide documentation within 2 business days stating that the candidate is
solely represented by one of the two vendors. If such documentation is provided,
NYCERS will abide by that designation. If both vendors provide this documentation, the
candidate will be disqualified.

5. The chart below lists the key dates and actions that apply to this RFP solicitation:

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 Event Address/Comments Due Date/Time
RFP to Vendors https://a856- 11/19/2018
cityrecord.nyc.gov/
Vendor Questions to Sent via email to Designated 11/23/2018 by 5:00 PM EST
NYCERS Contact: rfp@nycers.org
NYCERS’ Response to https://a856- 12/03/2018
Vendor Questions published cityrecord.nyc.gov/
in City Record Online
RFP Submission Due Date Refer to Section I - Proposal 12/13/2018 by 5:00PM EST
Response Requirements.
Date RFP responses will be 12/14/2018 – 2/15/2019
opened & reviewed
Interviews for highest rated 2/19/2019 – 03/01/2019
Consultants
Notice of Award 3/07/2019

6. Designated Contact: Cheryl Greenidge

335 Adams Street, Suite 2300
Brooklyn, NY 11201
Email: rfp@nycers.org

7. All responses to this RFP must be submitted electronically (via email) to the Designated
Contact at rfp@nycers.org.

8. All documents submitted in response to this RFP must be in either Adobe.pdf or Microsoft
Word format.

9. Vendors must submit one (1) email with two (2) separate attachments each clearly
marked: “Candidate Proposal” and “Cost Proposal.” Please be advised that NYCERS is
unable to receive emails with attachments larger than 20 MB.

C. PROPOSAL TERMS AND CONDITIONS

1. RFP solicited for one (1) Senior DataStage ETL Developer. The mandatory skills and
preferred experience are specified in Section A – Project Scope.

2. The Term of this Agreement is for a period of up to one (1) year, with two (2) options to
renew for one (1) year each.

3. Vendors are hereby notified of the City of New York’s Prompt Payment Policy:

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 (a) The prompt payment provisions of New York City Procurement Policy Board
(“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.
4. Vendors are hereby notified that the prices stated in their proposals are irrevocable until
the contract is awarded, unless the proposal is withdrawn, and that offers may be withdrawn
only after the expiration of 90 days from opening and only in writing received by NYCERS
in advance of the award. If applicable, NYCERS may request a cost breakdown of the
proposed price.

5. Any amendments by NYCERS to this RFP shall be set forth in writing, and sent to all
prospective Vendors known to have received this RFP and/or published on the City Record
online. Such amendments shall be distributed within a reasonable time to allow prospective
Vendors to consider them in preparing their proposals.

6. Vendor must complete and return Attachment D - Vendor’s Acknowledgment of NYS

Freedom of Information Law. Vendor shall give specific attention to the identification of
those portions of their proposals the Vendor deems to be confidential, proprietary
information or trade secrets and provide any justification why such materials, upon request,
shall not be disclosed by NYCERS. Such information must be easily separable from the
non-confidential section of the proposal.

7. Vendors must fully complete and submit Attachments A, B and D through G in order
to be considered for an award. Missing Attachments may result in disqualification.

8. Vendors are required to provide two (2) references for each candidate within two (2) days
of a candidate’s selection for an interview at NYCERS. NYCERS will only check a
Candidate’s references if the Candidate is being considered for the position after the
interview process.

9. Attachment H (end of “Appendix A”) Affirmation and Certification by Broker and the
Certificate of Insurance (COI) must be submitted by the Vendor upon the issuance of the
contract award or within ten (10) days of issuance of the contract award. Attachment H and the
COI do not have to accompany the Proposal response; however, the submission of Attachment
H and the COI with the Proposal response will not disqualify the proposer from consideration of
the contract award.

10. Pursuant to New York City’s Procurement Policy Board Rules, Vendors have the right to appeal
NYCERS non-responsiveness determinations within five (5) days and NYCERS non-
responsibility determinations within ten (10) days and to protest NYCERS’ determination

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 regarding the solicitation or award of a contract in writing to NYCERS, 335 Adams Street,
Suite 2300, Brooklyn, NY 11201.

11. The New York City Comptroller is charged with the audit of the contract in New York City.
Any Vendor 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 1005, New York, NY 10007; telephone number (212) 669-2323.

D. EVALUATION AND CONTRACT AWARD

1. Evaluation Procedures
All proposals accepted by NYCERS will be reviewed to determine whether they are
responsive or non-responsive to the requisites of the RFP. Proposals that are determined by
NYCERS to be non-responsive will be rejected. NYCERS’ Evaluation Committee will
evaluate and score all remaining proposals based on the Evaluation Criteria prescribed
below. The highest rated candidates will be selected for an interview at NYCERS.

Candidates selected by the panel must attend an approximately one (1) hour interview on
site at NYCERS’ Brooklyn, NY office within five (5) business days of notification. During
the interview, candidates will be asked to explain in detail how their experiences meet
NYCERS’ skill requirements set forth in Section A. The panel will score the candidates
based on the interviews and make a recommendation for final selection. To assess the
Candidate’s English writing proficiency, the Candidate may be required to perform a
writing exercise as part of the interview. Telephone and Skype interviews will not be
permitted. NYCERS will not be responsible for any travel costs in connection with the
interview. NYCERS may elect to disqualify a Candidate that is not available for interview
within five (5) days of interview notice. In addition, a Candidate will be disqualified if the
proposed Candidate fails to appear for a scheduled interview.

Discussions may be conducted with Vendors submitting acceptable proposals and the panel
may request a Best and Final Offer. However, NYCERS reserves the right to award the
contract on the basis of the initial proposals received, without discussions. Therefore, the
initial proposal should contain its best terms.

2. Evaluation Criteria

The proposal must include a Candidate Proposal submission and a Cost Proposal submission.
The Cost Proposals will be opened and evaluated after the highest rated Candidates have been
interviewed by the Committee. The criteria and weight assignments are as follows:

Criteria Weight
Demonstrated quantity and quality of successful relevant experience. 25%
Demonstrated understanding of current industry trends and 20%
methodologies.
Experience with required software 25%

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 Experience presenting to and communicating with technical and non- 10%
technical staff
Cost 20%
The Candidate’s skills will be scored using this five (5) point rating scale:

Rating Points
Unacceptable 0
Fails to Meet Standards 1
Meets Standards 2
Exceeds Standards 3
Exceptional 4

3. Basis of Award

A contract will be awarded to the responsive and responsible proposer whose proposal is
determined to be the most advantageous to NYCERS and the City of New York, taking into
consideration the price and such other factors or criteria that are set forth in this RFP.

NYCERS reserves the right to evaluate and/or reject all bids, in whole or in part, and to
waive or modify technicalities, irregularities, and omissions, or solicit new proposals if, in
NYCERS’ judgment, the best interest of NYCERS will be served. Following bidding
selection and prior to signing a contract, NYCERS reserves the right to further negotiate
cost or other specifics. In the event any proposer is not available to report for his/her
assignment, NYCERS reserves the right, at its sole discretion, to evaluate a replacement
candidate from the selected proposer or seek the services from the proposer with the next
highest Final Composite Score.

Vendors are notified that the prices stated in their proposals are irrevocable until the
contract is awarded, unless the proposal is withdrawn, and that offers may be withdrawn
only after the expiration of 90 days from opening and only in writing received by NYCERS
in advance of the award. If applicable, NYCERS may request a cost breakdown of the
proposed price.

E. IRAN DIVESTMENT ACT COMPLIANCE RIDER FOR NEW 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-g. The Iran Divestment
Act, with certain exceptions, prohibits municipalities, 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 §165-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 Iran, including a person that provides oil or liquefied

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 natural gas tankers, or products used to construct or maintain pipelines used to
transport oil or liquefied natural gas, for the energy sector of Iran; or

(b) The person is a financial institution that extends twenty million

dollars or more in credit to another person, for forty-five 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 certify 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 Iran were made before the effective date of this
section (i.e., April 12, 2012), the 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 Iran and to refrain from
engaging in any new investments in Iran: 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 services for which the contract is offered. Such determination shall
be made in writing and shall be a public document.

F. DOING BUSINESS DATA FORM NOTICE

1. Notice

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 (“Data Form”) and return it with this proposal. (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
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 Form or has submitted a Data Form that is not complete, the vendor will be notified by
NYCERS and will be given four (4) calendar days from receipt of notification to cure the
specified deficiencies and return a complete Data Form to NYCERS. Failure to do so will
result in a determination that the proposal is nonresponsive. 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.

2. The Data Form

If you have already completed a Data Form (Attachment H), please submit it as a “No
Change,” which you will find under Section 1. Entity Information. You only need to
provide your Entity Name and EIN Number on the first page of the form and skip to the
bottom of the 4th page and complete the certification box. If any of your information has
changed you will need to complete the form as a “Change” under Section 1. Entity
Information and update the sections that have changed. If you are unsure whether you have
already completed the Data Form or when you last completed the Form, please call the
Mayor’s Office of Contracts at (212) 788-8104 or you may send an email with your inquiry
to doingbusiness@cityhall.nyc.gov.

G. “Appendix A” GENERAL PROVISIONS GOVERNING CONTRACTS FOR

CONSULTANTS, PROFESSIONAL, TECHNICAL, HUMAN and CLIENT SERVICES

NOTICE TO PROPOSERS

The City of New York has issued a new Appendix A, General Provisions Governing
Contracts for Consultants, Professional, Technical, Human And Client Services.
The new Appendix A, which is incorporated in this Request for Proposals, is
different from the 2011 version previously used by the City. Some of the significant
changes are listed below. This notice is only a partial listing. Please refer to Appendix
A itself for a full understanding of the changes and the actual text of the changes that
were made. The text of the revised Appendix A is the controlling document if there
are any discrepancies between this notice and Appendix A.

• Section 2.01 has been revised to track the requirements of the New York State Lobbying
Law.
• Section 3.02 has been revised (in all versions except the discretionary fund version) to
provide automatic approval for all subcontracts that do not exceed $20,000, to include
the substance of the Subcontractor PIP Rider, and to further describe existing
requirements.
• Sections 4.01 and 4.02, which concern the independent nature of the contractor
and its employees and subcontractors, have been revised.
• Section 4.04 has been revised to include the substance of the Living Wage Rider.
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 • Section 4.05, which concerns unlawful discrimination, has been updated to reflect
changes in law since 2011.
• A new Section 4.06 includes the substance of the Paid Sick Leave Law Rider.
• A new Section 4.07 includes the substance of the Whistleblower Expansion Act Rider.
• Section 5.03, which concerns inspections of the contractor, has been revised to address
circumstances where the observation of the contractor’s services would constitute a
violation of law or an ethical obligation.
• Section 5.08(A), which concerns confidentiality, has been revised to address the
contractor’s duty to maintain confidentiality when a disclosure demand has been
made.
• Article 7, Insurance, has been revised in form and substance as follows:
• Section 7.02: The requirements concerning the maintenance of and submission of
proof of workers’ compensation, disability benefits, and employer’s liability
insurance have been separated from other insurance requirements.
• Section 7.03: The requirements for other insurance have changed as follows. (1) A
new Schedule A specifies minimum limits of insurance. (2) For commercial general
liability insurance, Schedule A now specifies limits for “personal and advertising
injury” coverage and “products/completed operations” coverage. (3) Schedule A
provides an option for crime insurance, cyber liability insurance, and other
coverages.
• Section 7.04 has been revised to clarify that contractors’ self-insured retentions
exceeding
$10,000 must be approved by the contracting agency.
• A new Section 10.07 has been added to address liquidated damages. A line in
Schedule A specifies liquidated damages applicable to the Agreement, if any.
• A new Section 13.04 has been added to reflect prohibitions on discrimination and a
Mayor’s Executive Order limiting inquiries about immigration status.
• Section 14.04 directs the agency and contractor to list their addresses and email address for
notices in Schedule A.

Appendix A (Legal Services) January 2018 Final

Please see link below for details

https://www.nycers.org/sites/main/files/misc/appendix_a_legal_services_2018_final_-
__legal_8015817.pdf

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H. NYCERS Sample Agreement For IT Consulting Service

[IT PROFESSIONAL] CONTRACT

BETWEEN

NEW YORK CITY EMPLOYEES’ RETIREMENT SYSTEM

AND

[CONTRACTOR]

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 THIS AGREEMENT (“Agreement”), dated _______________, 2017, is made between the
New York City Employees’ Retirement System (“NYCERS”), with offices located at 335 Adams
Street, Brooklyn, New York 11201, and [Contractor Legal Name] (hereinafter “Contractor”), with
offices located at [Contractor address].

W I T N E S S E T H:

WHEREAS, NYCERS has determined there is a need for the information technology
services described in Article 4.2 of this Agreement (“IT Consultant Services”) from a
(Position/Title) (the “IT Consultant”); and

WHEREAS, NYCERS has the authority to enter into this Agreement to purchase the IT
Consultant Services in accordance with New York City Procurement Policy Board Rules (“PPB
Rules”) and the terms and conditions set forth herein; and

WHEREAS, in accordance with the PPB Rules, NYCERS solicited proposals and selected
the Contractor through a Request for Proposal (“RFP”) process; and

WHEREAS, NYCERS determined that the Contractor was the most responsible proposer
whose proposal is the most advantageous to NYCERS and the City of New York, accounting for
price and other factors or criteria as set forth in the RFP; and

WHEREAS, in consideration of the mutual stipulations and covenants contained herein, the
Contractor agrees to provide the IT Consultant Services described in this Agreement and NYCERS
agrees to accept such IT Consultant Services, at the prices stated herein, and in accordance with the
terms and conditions set forth below;

NOW, THEREFORE, the parties hereto agree as follows:

ARTICLE I. TERM; MODIFICATION OF AGREEMENT; EMPLOYMENT

LIMITATION

1.1 This Agreement shall commence on [date] and terminate on [date], unless terminated earlier
pursuant to Article 10 of Appendix A, General Provisions Governing Contracts for
Consultants, Professional, Technical, Human and Client Services (“Appendix A”).

1.2 NYCERS shall have two (2) options to renew this Agreement for a period of up to one (1)
year each at the termination of the Agreement. Notice to exercise NYCERS’ right to renew
must be made in writing thirty (30) days prior to the termination date of this Agreement.
The price for all renewals shall not exceed a 2.5% increase over the contract price. Al
renewals shall be subject to the same terms as the current Agreement.

1.3 NYCERS may terminate this Agreement in accordance with Article 10 of Appendix.

1.4 This Agreement may be modified in accordance with Article 9 of Appendix A, including
amendments for an increase in cost attributed to hours worked by the IT Consultant in
excess of 40 hours per week that are deemed necessary by NYCERS.
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1.5 NYCERS reserves the right to hire the IT Consultant as an employee, at no additional cost,
after a period of at least six (6) months from commencement of this Agreement.

ARTICLE II. PAYMENT

2.1 For the services set forth in the Agreement, in accordance with the Contractor’s cost
proposal, NYCERS shall pay the Contractor an hourly rate of $[hourly rate] per hour
based on a 40-hour week, not to exceed $[yearly rate] per year during the initial term, for
the IT Consultant Services set forth in Article IV of this Agreement. Following the contract
period ending on [date], NYCERS shall pay Contractor an amount not exceeding
$[ongoing yearly rate] annually.

2.2 NYCERS shall pay the Contractor in accordance with the Prompt Payment provisions of the
PPB Rules based on the weekly timesheets submitted by the IT Consultant.

2.3 Contractor agrees to accept electronic payments under this Agreement in accordance with
Section 11.02 of Appendix A.

ARTICLE III. CONFLICTS

3.1 During the term of the Agreement, conflicts between the various documents shall be
resolved in the following order of precedence, such documents constituting the entire
Agreement between the parties:

• This document
• Exhibit 1: Appendix A, General Provisions Governing Contracts for Consultants,
Professional, Technical, Human and Client Services
• Exhibit 2: Iran Divestment Act Compliance Rider
• Exhibit 3: IT Consultant Nondisclosure Agreement
• Exhibit 4: RFP
• Exhibit 5: Contractor’s Proposal

3.2 As used in Appendix A, the term “City” shall mean NYCERS or the City or both,
depending on context, and the terms “Department” or “Agency” shall mean NYCERS.

ARTICLE IV. DELIVERABLES AND SERVICES

4.1 Contractor shall provide the services of the IT Consultant identified in Exhibit 5.

4.2 The IT Consultant will work with the NYCERS Information Technology (IT) Division.
[Brief description of services.] Specific duties, skills, and deliverables of the IT Consultant
are set forth in Section A of the RFP (Exhibit 5).
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4.3 In the event that [IT Consultant name] becomes unaffiliated with Contractor before the
termination of this Agreement, Contractor shall propose a replacement [position that
contract is for] within fifteen (15) days of [IT Consultant name]’s cessation of work for
NYCERS, and any replacement shall be subject to NYCERS’ approval.

ARTICLE V. COMPLIANCE WITH LOCAL LAWS

5.1 Pursuant to Local Law 34 of 2007, Contractor shall complete the Doing Business Data
Form attached hereto as Attachment A and return it to NYCERS within 10 days of
execution of this Agreement if Contractor is not currently included in the New York City
Doing Business Database.
5.2. In accordance with Local Laws 30 and 33 of 2012, codified at sections 6-132 and 12-113 of
the New York City Administrative Code, respectively,

5.2.1. 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 Agreement 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.

5.2.2. 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 Article 5.2.1 of this Agreement, 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.

5.2.3 Contractor shall post a notice provided by the City (Attachment B) in a prominent and
accessible place on any site where work pursuant to the Agreement is performed that
contains information about:

5.2.3.1 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 Agreement; and

5.2.3.2 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

15
 with the reporting of allegations of fraud, false claims, criminality or corruption in
connection with the Agreement.

5.2.4 For the purposes of this Article, “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.

5.2.5 This Article 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.

5.3 Article 5.2 is not applicable to this Agreement if it is valued at $100,000 or less. Articles
5.2.1, 5.2.2, 5.2.4, and 5.2.5 are not applicable to this Agreement if it was solicited pursuant
to a finding of an emergency.

ARTICLE VI. INSURANCE

6.1 Contractor shall ensure continuous insurance coverage in the manner, form, and limits
required by Article 7 of Appendix A throughout the term of the Agreement. Where the
word “City” appears in Article 7 of Appendix A, it shall be replaced by the phrase “City and
NYCERS.” Where the phrase “City, including its officials and employees” or the phrase
“City, together with its officials and employees” appears in Article 7 of Appendix A, it shall
be replaced by the phrase “the City and NYCERS, including their respective officials,
trustees, and employees.”

ARTICLE VII. INDEMNIFICATION

7.1 Sections 7.03, 7.04, and 7.05 of Appendix A are replaced as follows:

7.03 Indemnification

To the fullest extent permitted by law, the Contractor shall defend, indemnify,
and hold harmless NYCERS and the City, including their respective officials,
trustees, and employees, against any and all claims (even if the allegations of
the claim are without merit), judgments for damages on account of any injuries
or death to any person or damage to any property, and costs and expenses to
which NYCERS, the City, or their respective officials, trustees or employees,
may be subject to or which they may suffer or incur allegedly arising out of any
of the operations of the Contractor and/or its subcontractors under this
Agreement to the extent resulting from any negligent act of commission or
omission, any intentional tortious act, and/or the failure to comply with law or
any of the requirements of this Agreement. Insofar as the facts or law relating to
any of the foregoing would preclude NYCERS, the City, or their respective
16
 officials, trustees or employees from being completely indemnified by the
Contractor, NYCERS, the City, and their respective officials, trustees, and
employees shall be partially indemnified by the Contractor to the fullest extent
permitted by law.

7.04 Infringement Indemnification

To the fullest extent permitted by law, the Contractor shall defend, indemnify,
and hold harmless NYCERS and the City, including their respective officials,
trustees, and employees, against any and all claims (even if the allegations of
the claim are without merit), judgments for damages, and costs and expenses to
which NYCERS, the City, or their respective officials, trustees, or employees,
may be subject to or which they may suffer or incur allegedly arising out of any
infringement, violation, or unauthorized use of any copyright, trade secret,
trademark or patent or any other property or personal right of any third party by
the Contractor and/or its employees, agents, contractors, or subcontractors in the
performance of this Agreement. To the fullest extent permitted by law, the
Contractor shall defend, indemnify, and hold harmless NYCERS, the City, and
their respective officials, trustees, and employees regardless of whether or not
the alleged infringement, violation, or unauthorized use arises out of compliance
with the Agreement’s scope of services/scope of work. Insofar as the facts or
law relating to any of the foregoing would preclude NYCERS, the City, and
their respective officials, trustees, and employees from being completely
indemnified by the Contractor, NYCERS, the City, and their respective
officials, trustees, and employees shall be partially indemnified by the
Contractor to the fullest extent permitted by law.

7.05 Indemnification Obligations Not Limited By Insurance Obligation

The Contractor’s obligation to indemnify, defend, and hold harmless NYCERS,

the City, and their respective officials, trustees, and employees shall neither be
(i) limited in any way by the Contractor’s obligations to obtain and maintain
insurance under this Agreement, nor (ii) adversely affected by any failure on the
part of NYCERS, the City, or their respective officials, trustees or employees to
avail themselves of the benefits of such insurance.

ARTICLE VIII. CONFIDENTIALITY

8.1 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 (“Confidential
Information”). The Contractor agrees that Confidential Information shall not be made
available to any person or entity including but not limited to any agencies or employees of
the City of New York without the prior written approval of NYCERS. The Contractor
agrees to maintain the confidentiality of Confidential Information by using a reasonable
17
 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
Confidential Information contains social security numbers or other Personal Identifying
Information, as such term is defined in Paragraph B of Section 5.08 of Appendix A, the
Contractor shall utilize best practice methods (e.g., encryption of electronic records) to
protect the confidentiality of such Confidential Information. The obligation under this
Article VIII to hold Confidential Information confidential shall not apply where NYCERS
would be required to disclose Confidential Information pursuant to the State Freedom of
Information Law (“FOIL”), provided that the Contractor provides advance notice to
NYCERS, in writing or by e-mail, that it intends to disclose such Confidential Information
and NCYERS does not inform the Contractor, in writing or by e-mail, that such
Confidential Information is not subject to disclosure under FOIL.

8.2. 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
Confidential Information.

8.3. At the request of NYCERS, the Contractor shall return to NYCERS 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 NYCERS in writing and set forth the Confidential Information
that it intends to retain and the reasons why it is legally required to retain such Confidential
Information. The Contractor shall confer with NYCERS, in good faith, regarding any
issues that arise from the Contractor retaining such Confidential Information. If NYCERS
does not request such Confidential Information, or the law does not require otherwise, such
information shall be maintained in accordance with the requirements set forth in Section
5.02 of Appendix A.

8.4. For the avoidance of doubt, the Contractor shall abide by all confidentiality provisions set
forth in Appendix A.

8.5. The Contractor shall abide by all confidentiality provisions set forth in the IT Consultant
Nondisclosure Agreement, which is attached hereto as Exhibit 4.

8.6 A breach of this Article VIII shall constitute a material breach of this Agreement for which
NYCERS may terminate this Agreement pursuant to Article 10 of Appendix A. NYCERS
reserves any and all other rights and remedies in the event of unauthorized disclosure.

8.7 For purposes of this Article VIII and Section 5.08 in Appendix A, the term Contractor shall
include the IT Consultant.

ARTICLE IX. NOTICES

9.1 Notices shall be provided in accordance with Section 14.04 of Appendix A, as follows:

18
 If to NYCERS, to Michael Curran, Interim Chief Information Officer, NYCERS, 335
Adams Street, Brooklyn, New York 11201. Telephone: 347-643-3542.

If to Contractor, to [Contact Info]

[THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]

19
 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the dates
appearing by their respective signatures.

Corporate Contractor
Affix Corporate Seal:

[Contractor Name]

BY: _______________________________

TITLE: ______________________________

________________________________________
FED. EMPLOYER I.D. NO. OR SOC. SEC. NO.

DATE: _____________________________

NEW YORK CITY EMPLOYEES’ RETIREMENT SYSTEM

BY: ______________________________________

TITLE: Executive Director____________________

DATE: _____________________________________

Approved as to Form
Certified as to Legal Authority

___________________________
Acting Corporation Counsel

20
STATE OF NEW YORK)
:ss:
COUNTY OF NEW YORK)

On this ______ day of _______________________, 2018, before me personally came Melanie

Whinnery known to me to be the Executive Director of New York City Employees’ Retirement
System, the person described in and who is duly authorized to execute the foregoing instrument on
behalf of the Commissioner, and s/he acknowledged to me that she executed the same for the
purpose therein mentioned.

_____________________________
NOTARY PUBLIC

STATE OF NEW YORK)

ss:
COUNTY OF NEW YORK)

On this _______ day of ______________________, 2018, before me personally came

______________________________, to me known, who, being by me duly sworn, did depose and
say that s/he resides at ______________________________________, that s/he is the
__________________________________ of
_____________________________________________, the corporation described in and which
executed the above instrument; that s/he knows the seal of said corporation; that the seal affixed to
said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of
said corporation ; and that s/he signed her/his name thereto by like order.

____________________________
NOTARY PUBLIC

21
I. PROPOSAL RESPONSE REQUIREMENTS

1. Your proposal must be submitted in one (1) email with two (2) separate attachments. Your
Proposal must clearly marked “Candidate Proposal” and “Cost Proposal.” The content for
each attachment is listed below:

Attachment #1 Candidate Proposal must contain the following:

• Attachment A - Vendor Information Form
• Resumes for one (1) candidate (only the first candidate will be considered)
• Attachment C - Reference Form (see section C.8)
• Attachment D - Vendor Acknowledgment of New York State Freedom of
Information Law
• Attachment E - Acknowledgment of Addenda
• Attachment F - Iran Divestment Act Compliance Rider and Bidder’s Certification
• Attachment G - Doing Business Data Form Completed
• Attachment H – Tax Affirmation and Certification by Insurance Broker or Agent & COI
(see section C.9)

Attachment #2 Cost Proposal must contain the following:

• Attachment B – Name and Cost Proposal for the candidate

2. Your Proposal response must be emailed to Cheryl Greenidge at rfp@nycers.org and

include the Proposal Reference ID RFP #12132018-ETLDev in the email subject line.

3. Proposals submitted after the deadline shall not be accepted by the Agency, except as
provided under New York City’s Procurement Policy Board Rules. A proposal that is
submitted in a timely manner but fails to follow the above instructions MAY RESULT IN
DISQUALIFICATION.

22
 RFP Reference ID#: 12132018-ETLDev

RFP Release Date: 11/19/2018

ATTACHMENT A:

VENDOR INFORMATION FORM

Instructions: You may submit all candidates’ names on this form.

Vendor’s Name: _________________________________

Elegant Enterprise - Wide Solutions, Inc.

Vendor’s Designated Contact: _________________________________

Priyanka Arora

Vendor’s Address: _________________________________

25961, Hartwood Drive

_________________________________
Chantilly, VA, 20152

_________________________________

_________________________________

Vendor’s Telephone: _________________________________

703-609-0215

Vendor’s Email: govt@elegantsolutions.us

_________________________________

Vendor’s Fax: _________________________________

703-722-6628

1. Candidate’s Name: Candidate 1

_________________________________

Signature of Vendor: ___________________________ Date: __________________

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 12132018-ETLDev
RFP Reference ID#:

RFP Release Date: 11/19/2018

ATTACHMENT B:

COST PROPOSAL FORM

Instructions: Please submit a Separate Cost Proposal Form for each candidate. The Cost
Proposals for the highest scoring candidates will be reviewed after the interview process.

Vendor Name: _____________________________________

Address: _____________________________________

Phone Number: _____________________________________

Email Address: _____________________________________

Candidate Name Hourly Rate Hours per Week

$ 40

Signature of Vendor: ___________________________ Date: __________________

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 RFP Reference ID#: 12132018-ETLDev

RFP Release Date: 11/19/2018

ATTACHMENT C:

REFERENCE FORM

Instructions: Please see section C.8 of this RFP

Candidate’s Name: _________________________________

1. Name of Reference Company:

Relationship to Reference:

Reference Name and Title:

Reference Phone Number and Email Address:

2. Name of Reference Company:

Relationship to Reference:

Reference Name and Title:

Reference Phone Number and Email Address:

25
 RFP Reference ID#: 12132018-ETLDev

RFP Release Date: 11/19/2018

ATTACHMENT D:

VENDOR’S ACKNOWLEDGMENT OF THE NEW YORK STATE

FREEDOM OF INFORMATION LAW

To complete this form, please:

Section I- check either Claim A or Claim B.
Section II- complete this Section only if Claim B is checked.
Section III- sign and date this form.
……………………………………………………………………………………………………
Section I: Check one of the following:

Claim A □ The Vendor acknowledges that there are NO Trade Secrets contained
in the proposal being submitted.

Claim B □ The Vendor acknowledges that there ARE Trade Secrets contained
in the proposal being submitted.
……………………………………………………………………………………………………..
Section II (Use as much space for this section as needed. Separate page accepted)

Cite the specific portion(s) of the proposal for which an exemption is being requested.

Provide explicit justification for the exemption request

…………………………………………………………………………………………………
Section III

Company Name:_______________________________
Elegant Enterprise - Wide Solutions, Inc Date:__________
Dec 13, 2018

Authorized Signature:____________________________ Title:_________________

Sr. Program Manager

All such materials so indicated shall be reviewed by NYCERS and any decision not to honor a request for confidentiality
shall be communicated in writing to the vendor. For those proposals which are unsuccessful, all such confidential materials
shall be returned to the vendor. Prices, makes and model or catalog numbers of the items offered, deliveries, and terms of
payment shall be publicly available after proposal opening regardless of any designation of confidentiality made by the
vendor.

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 RFP Reference ID#: 12132018-ETLDev

RFP Release Date: 11/19/2018

ATTACHMENT E:
ACKNOWLEDGMENT OF ADDENDA

The proposer is to complete either Part I or Part II of this form, whichever is applicable, and
include the signed and dated form with their Proposal submission. This form serves as the
Proposer’s acknowledgment of the receipt of the Addenda to this Request for Proposals which may
have been issued by NYCERS prior to the Proposal Due Date and Time.

Part I: Check here if applicable: ___

Listed below are the dates of issue for each Addendum received concerning this Request for
Proposals:

Addendum #1, dated: ___/___/___

Addendum #2, dated: ___/___/___

Addendum #3, dated: ___/___/___

Addendum #4, dated: ___/___/___

Addendum #5, dated: ___/___/___

Part II: Check here if applicable: ___

No Addendum was received in connection with this Request for Proposals.

Proposer’s Company Name: _________________________________________________

Elegant Enterprise - Wide Solutions, Inc.

Proposer’s Authorized Named Representative: ___________________________________

Priyanka Arora

Address:_______________________________________________
25961, Hartwood Drive, Chantilly, VA, 20152

Title:__________________________________________________
Sr. Program Manager

Signature: ______________________________________________

Date: __________________________________________________
Dec 13, 2018

27
 RFP Reference ID#: 12132018-ETLDev

RFP Release Date: 11/19/2018

ATTACHMENT F:

BIDDER’S CERTIFICATION OF COMPLIANCE WITH IRAN

DIVESTMENT ACT

Pursuant to General Municipal Law §103-g, 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 certification:

[Please Check One] BIDDER’S CERTIFICATION

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 its
knowledge and belief, that each bidder/proposer is not on the list created pursuant to
paragraph (b) of subdivision 3 of Section 165-a of the State Finance Law.

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: _________, (state of )

______ , 20 __

SIGNATURE

Priyanka Arora
PRINTED NAME

Sr. Program Manager

TITLE
Sworn to before me this
day of , 20

Notary Public and Date

28
 12132018-ETLDev
RFP Reference ID#:

RFP Release Date: 11/19/2018

ATTACHMENT G: Doing Business Data Form

Please reference the below link for Attachment G:

https://www.nycers.org/sites/main/files/misc/doing_business_data_form_-_standard_2018.pdf

29
 RFP Reference ID # 12132018-ETLDev

RFP Release Date: 11/19/2018

ATTACHMENT H:

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
_____________________________________________________________.
Elegant Enterprise - Wide Solutions, Inc.
Full name of Proposer or Bidder [below]
____________________________________________________________________________
Address_____________________________________________________________________
25961, Hartwood Drive
City___________________________
Chantilly State_____________________
VA Zip Code____________
20152

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 ___________________________

36-4468087

By_____________________________
Signature
_______________________________
Sr. Program Manager
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
Vendors 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.
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 RFP Reference ID # 12132018-ETLDev

RFP Release Date:

11/19/2018
ATTACHMENT H:

CERTIFICATES OF INSURANCE

Instructions to New York City Agencies, Departments, and Offices

All certificates of insurance (except certificates of insurance solely evidencing Workers’

Compensation Insurance, Employer’s Liability Insurance, and/or Disability Benefits
Insurance) must be accompanied by one of the following:

The Certification by Insurance Broker or Agent on the following page setting forth the
required information and signatures;

-- OR --

Copies of all policies as certified by an authorized representative of the issuing insurance

carrier that are referenced in such certificate of insurance. If any policy is not available at
the time of submission, certified binders may be submitted until such time as the policy is
available, at which time a certified copy of the policy shall be submitted.

31
CITY OF NEW YORK
CERTIFICATION BY INSURANCE BROKER OR AGENT

The undersigned insurance broker or agent represents to the City of New York that the
attached Certificate of Insurance is accurate in all material respects.

[Name of broker or agent (typewritten)]

[Address of broker or agent (typewritten)]

[Email address of broker or agent (typewritten)]

[Phone number/Fax number of broker or agent (typewritten)]

[Signature of authorized official, broker, or agent]

[Name and title of authorized official, broker, or agent (typewritten)]

State of ……………………….)

) ss.: County of …………………….)

Sworn to before me this day of 20

NOTARY PUBLIC FOR THE STATE OF_____________________