Huntsville UtilitiesElectric Utilities – Natural Gas – Water

P.O. Box 2048Huntsville, Alabama 35804

256-535-1200

Invitation For Bidfor

Payment Kiosks

HU IFB No. 15-040

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Table of Contents

Section 1.0 Client Overview.......................................................................................................41.1 Overview of IFB..................................................................................................................41.2 Primary Objectives............................................................................................................41.3 Time and Date for Submitting Bids..................................................................................4Section 2.0 General Information..............................................................................................42.1 Contact................................................................................................................................42.2 Bid Information..................................................................................................................42.3 Additional Information for the Supplier...........................................................................52.4 Cover Letter Description...................................................................................................52.5 Executive Summary Description......................................................................................52.6 Supplier Background and Relevant Experience.............................................................52.7 Subcontractors’ Qualifications.........................................................................................5Section 3.0 Scope of Work.........................................................................................................5Section 4.0 Terms and Conditions............................................................................................74.1 Instructions........................................................................................................................74.2 Rights..................................................................................................................................74.3 Request for Bid Definitions...............................................................................................74.4 Time and Date for Submitting Bids..................................................................................74.5 Response............................................................................................................................84.6 Ex Parte Communication..................................................................................................84.7 Agreement..........................................................................................................................84.8 Discrepancies, Errors and Omissions.............................................................................84.9 Cancellation........................................................................................................................84.10 General............................................................................................................................84.11 Documents......................................................................................................................94.12 Communication...............................................................................................................94.13 Response Times.............................................................................................................94.14 Minimum Performance...................................................................................................94.15 Guarantee........................................................................................................................94.16 Taxes................................................................................................................................94.17 Nondiscrimination..........................................................................................................94.18 Title VI..............................................................................................................................94.19 Damages..........................................................................................................................94.20 Choice of Law...............................................................................................................10

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4.21 Statutory Disqualification............................................................................................104.22 Conflict of Interest........................................................................................................104.23 "Right to Know Law"....................................................................................................104.24 Copyright, Trademark, Service Mark, or Patent Infringement..................................104.25 Ownership of Intellectual Property.............................................................................104.26 Property of Huntsville Utilities....................................................................................114.27 Possession of Weapons..............................................................................................114.28 Search............................................................................................................................11Section 5.0 Indemnification.....................................................................................................115.1 Indemnity..........................................................................................................................115.2 Governmental Tort Liability............................................................................................11Section 6.0 Insurance Requirements......................................................................................116.1 Employer’s Liability Insurance.......................................................................................126.2 Worker’s Compensation Insurance................................................................................126.3 Commercial General Liability and Business Auto Liability.........................................126.4 Notice of Cancellation.....................................................................................................126.5 Huntsville Utilities Named Additional Insured..............................................................12Section 7.0 Security Requirements.........................................................................................127.1 Security Passes, Parking Permits, Keys, etc................................................................127.2 Security Policies and Procedures..................................................................................137.3 Background Checks and Drug Screenings...................................................................137.4 Security Clearance...........................................................................................................137.5 E-Verify Notice.................................................................................................................13Section 8.0 Identify Theft.........................................................................................................14Attachment A (Requirements Checklist).................................................................................15Attachment B (Bidder Qualification Forms)............................................................................16Attachment C (Sample Contract).............................................................................................20Attachment D (Conflict of Interest Form)................................................................................22Attachment E (Non-Collusion Affidavit)..................................................................................23Attachment F (E-Verify Affidavit).............................................................................................24Attachment G (Contractor Security Clearance Application).................................................25Attachment H (Pricing Sheet)...................................................................................................27Attachment I (Questionnaire)...................................................................................................28

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Section 1.0 Client Overview

1.1 Overview of IFBHuntsville Utilities (HU), a municipality existing under the laws of the State of Alabama, invites all interested and qualified independent contractors to submit bids for evaluation in response to HU’s Invitation for Bid for its Payment Kiosks that meet HU’s requirements and specifications outlined in this document. Evaluation and award, if any, of the contract will be contingent upon the responses in the submitted bids.

1.2 Primary ObjectivesHU is seeking bids for Payment Kiosks from qualified contractors with a minimum of five (5) consecutive years of experience providing Payment Kiosks to the utility industry.

1.3 Time and Date for Submitting BidsEach Bidder shall respond to this IFB on or before the time and date indicated below. At that time only the names of the Bidders responding to this IFB will be read aloud. Bids will not be made available for public inspection until after the IFB process is completed and a purchase order has been issued. The Bid shall be delivered in one of two ways: in-person or by mail to the address listed below. No e-mails, phone calls, faxes, or penciled bids will be accepted.

Huntsville Utilities Huntsville Utilities P.O Box 2048 Purchasing DepartmentHuntsville, AL 35804 112 Spragins Street, SW(U.S. Mail) Huntsville, AL 35801

The outside of the sealed box, container, or envelopes containing the bid shall be marked as follows:

Bid: Payment KiosksHU IFB NO. 15-040Due on: December 14, 2015, at 2:00 p.m.

Section 2.0 General Information

HU reserves the right to reject any and all bids submitted and to evaluate and accept any bid, which in HU’s sole opinion, offers the most acceptable services to HU.

2.1 ContactAll questions concerning this IFB should be directed to:

For Bid Documents: For Technical Specifications:

Jim Lawson Ron McLeroyPurchasing Supervisor Technical Services ManagerPhone:256-535-1498 Phone:256-535-1406Fax: 256-924-0515 Cell: 256-884-5329E-Mail: jim.lawson@hsvutil.org E-Mail: ron.mcleroy@hsvutil.org

Huntsville Utilities specifically requires that no contact concerning this IFB be made with any other HU personnel or others involved in the selection process until the selection process has been completed. Failure to honor this requirement will be viewed negatively in the selection process and may result in the disqualification of the bidder’s bid.

2.2 Bid InformationAny and/or all information provided by the contractor, its references, and/or internal documentation will be used in the evaluation of the bid to determine which bid is in the best interest of HU. Bidders may add

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pages to the bid to describe other features that are not specifically requested in this IFB. The bidder’s response to this bid shall become a binding portion of the contract documents.

Although every attempt will be made to consider each submitted bid on an equal basis, neither HU nor its agent will be responsible for misinterpretations resulting from failure of a respondent to follow the bid format or failure to give proper and specific references when citing reference material. HU reserves the right to disqualify any bid that does not follow the required format. HU also reserves the right to waive irregularities in any and all submitted bids.

All bids become the property of HU and, after selection of a Contractor for the contract, become subject to the Alabama Public Records Act. In the event HU shall award a contract to a Contractor and subsequently determines that said Contractor will be unable to perform the contract, HU reserves the right to terminate the contract and award a separate contract to the next best Contractor without being required to re-advertise the IFB.

2.3 Additional Information for the SupplierA copy of HU’s Sample Agreement has been included in this IFB as Attachment C Sample Contract. Please note: This contract will be used as a basis for all contract negotiations.

2.4 Cover Letter DescriptionThe cover letter must be printed on the supplier’s company letterhead and signed by an officer authorized to bind the supplier contractually. The person signing the cover letter is assumed to be the supplier’s principal point of contact for IFB response, unless otherwise identified in the cover letter. The letter must also certify the accuracy of all information in the supplier’s bid. (2 pages)

2.5 Executive Summary DescriptionThe executive summary should provide a brief summary of the most important aspects of the bid, including a description of the proposed service(s) and cost.(5 pages)

2.6 Supplier Background and Relevant ExperienceSupplier’s response should include an organizational write-up, which should provide some background on the organization as a whole and not be longer than five (5) pages. The remainder of this section should concentrate on the supplier’s experience with payment kiosks in the electric, water, and gas utility industries.

2.7 Subcontractors’ QualificationsSupplier will provide information on subcontractors to be used for any applicable service work. Information will include qualifications in terms of years in business, experience, number of technicians, and average years of technicians’ experience.(3 pages)

Section 3.0 Scope of Work

HU is seeking bids for payment kiosks from qualified contractors.

3.1 Two stand-alone payment kiosks will be installed in the lobby of Huntsville Utilities located at 112 Spragins Street NW, Huntsville, Alabama 35801.

3.2 Kiosks shall have the latest and best hardware in the industry, capable of withstanding heavy usage. At a minimum, the hardware shall include:

a. Barcode scanner (capable of reading 128C barcode up to 40 characters) and a QR code scanner.

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b. Thermal receipt printer with easy paper replacement.c. Extremely reliable cash acceptor with ability to recognize fake notes and reject them. The cash

acceptor will need to take $1-5-10-20-50-$100 bills. The kiosk will return change in paper bills only. Any leftover change (less than $1.00) will be applied to the customer’s account as a credit for future billing. No coins will be returned to the customer.

d. Credit, Debit Card acceptor.e. Check MICR reader. The checks must be able to be entered into the bank and validate the routing

number, the name/address of the account holder and identify the check number while it is processing the checking account to verify funds availability.

f. Must be EMV compliant.

3.3 The units must be ADA compliant in all aspects of hardware and software.

3.4 The units must be capable of producing change for paper currency, at minimum, giving credit for any amount less than $1.00.

3.5 The Kiosks shall be bilingual to support English and Spanish and additional languages as needed.

3.6 The data transmission and customer information should be secure. Credit card processing shall be PCI compliant. All the data must be encrypted to industry standard and should not be retained on the Kiosk machine once transaction is completed.

3.7 The kiosk platform must be a cloud-based, hosted solution, with minimum software residing on the kiosk itself.

3.8 Vendor is responsible for supplying and maintaining a secure operating system.

3.9 Kiosk screens shall be customized to utilities staff’s satisfaction and navigation should be fast and easy. Expected mean time taken by user to navigate and complete payment is less than 30 seconds for card-based transactions and less than 1 minute for a 10-note cash transaction.

3.10 The Kiosk software shall be customized to work with API written by Utilities IT staff or provided by host system vendor. Kiosk shall be able to send information back and forth from the Utilities SAP database.

3.11 In addition to bill payment processing, Kiosk should be able to perform additional tasks such as:

a. Allowing user to designate minimum payment to turn on the water or electric service, or prevent disconnection.

b. Allowing user to setup payment arrangement if account is eligible.c. Customizable rules for the Utilities disconnect and reconnect processes, with appropriate workflows

and fees based on time of day and same day versus next day reconnect request.d. Alert Utilities staff via e-mail and/or SMS for some preset conditions such as bill is stuck, printer not

printing, etc. User should be able to press button and alert attendant. This feature shall be configurable. Vendor is responsible for promptly fixing all errors.

e. System screen for Utilities staff to see the hardware status, reset application and enable or disable screen features.

f. System shall provide executive style dashboards and real-time analytics to report on data such as:

1) Real-time payment volumes by kiosk, by tender type.2) Real-time assessment of paper currency per kiosk (by denomination) with statistical analysis to

forecast when the cash boxes need to be emptied.

a) For change making kiosks, provide real-time forecast for remaining change available and expected re-stocking time.

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3.12 Utilities staff should be able to see the reports showing all the current and historical data. The reports should reflect exact cash collected at current time in kiosks as well as in bank with credit, debit and checks. These reports should have format and graphics options. Cash prediction, histogram and other management data analysis capabilities will score additional points.

3.13 Vendor shall provide a managed service kiosk proposal. The Utilities prefers not to procure any hardware.

3.14 The Utilities will not provide any network or wireless access to the kiosk vendor. Power will be provided at the site. The vendor shall provide a true turn-key kiosk service including all equipment, hardware, software and integration services. The vendor shall also provide data connectivity.

3.15 All warranty, maintenance and support of the kiosks shall be the responsibility of the kiosk vendor.

3.16 Kiosks shall have proven track record of 99% uptime or greater.

3.17 Real-time integration to the payment gateway and the Utilities SAP billing system is mandatory.

3.18 HU currently averages about 13,000 bill paying customer visit the lobby each month. Once the payment kiosks are installed, HU estimates about half of the bill paying customers visiting the lobby each month will pay via the payment kiosks.

3.19 HU prefers the supplier to provide the hardware for the payment kiosks free of charge. The supplier can bid (see Attachment H – Pricing Sheet) a customer fee which they will collect each month or a monthly fee which HU will pay each month. The non-preferred method of bidding would be to charge HU for the hardware up front with any other associated fees. Each supplier is allowed to bid one, two or all three ways.

3.20 A questionnaire (see Attachment I – Questionnaire) must be answered it its entirety in writing and included with the bid package.

Section 4.0 Terms and Conditions

4.1 InstructionsThese documents constitute the complete set of specifications, requirements, and bid request instructions. The Bidder is responsible for insuring that all pages and all addenda are received. HU advises all Bidders to closely examine this bid response, and to immediately direct any questions regarding the completeness of this IFB and any addenda to the Purchasing Department.

4.2 RightsHU reserves the right to reject any or all bids and to waive irregularities therein, and the undersigned hereby agrees that such rejection or waiver shall be without liability on the part of HU for any damage or claim brought by the undersigned because of such action, nor shall the undersigned seek any recourse of any kind against HU because of such action. There is no obligation to request services. All bids submitted to HU become the property of HU upon submission and after the execution of a contract become subject to Alabama’s Public Records law.

4.3 Request for Bid DefinitionsThis section describes the procedures for companies submitting a response to this Invitation for Bid (IFB). The term “Contractor” refers to the responsible bidder to which a contract is awarded.

4.4 Time and Date for Submitting BidsEach Bidder shall respond to this IFB on or before the time and date indicated in Section 1.3 of this Invitation for Bid.

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4.5 ResponseEach Bidder must acknowledge that it accepts and understands each of the Instructions, Terms, and Conditions of this IFB. If a Bidder is unwilling to accept any one or more of the Instructions, Terms and Conditions, they must clearly identify in their bid the Instructions, Terms, and Conditions to which they take exception and note it on the enclosed exception sheet. In its sole discretion, HU reserves the right on a non-discriminatory basis to: a) consider any Bid(s) which takes exception(s) to any one or more of the Terms and Conditions; or b) reject any Bid(s) which takes exception(s) to any one or more of the Terms and Conditions.

4.6 Ex Parte CommunicationHU does not permit contact concerning this IFB process with any HU personnel other than as identified in the IFB until the selection process has been completed. All exchanges of information concerning this IFB must be in writing with e-mail as the preferred method of communication. Failure to honor this requirement will be viewed negatively in the selection process and may result in the disqualification of the Bidder. Any questions or requests for clarification will be responded to in writing or by e-mail with a copy of the response being sent to each bidder on record.

4.7 AgreementThe Contractor will be required to sign a contract with HU. The entire agreement shall include the Bidder’s response to this bid, the IFB, and an agreement (the “Contract Documents”). If the IFB and the Bidder’s response to this bid are modified in negotiation between HU and the Bidder, then the modified bid shall be included as addenda to the Contractor’s contract with HU. Should any conflict or discrepancy arise between the Instructions, Terms, and Conditions of the IFB and the Instructions, Terms and Conditions of the Agreement, the Instructions, Terms and Conditions of the Agreement shall control. The individual who signs this document must be empowered to sign the Agreement, or if sent by e-mail the name that appears on the bid response must be empowered to sign the Agreement. HU reserves the right to withdraw the IFB or condition the award on additional or different terms proposed to be included in such contract and HU shall not incur any obligation to the Contractor except as provided in the Agreement. To produce the Agreement, HU reserves the right to provide its own draft contract terms or request draft contract terms from the Bidder. Notification of award of the or acceptance of a IFB, in whole or in part, shall not restrict HU’s discretion with regard to the terms of the definitive contract, shall not preclude HU from terminating the bid or withdrawing the bid prior to execution of the Agreement, and shall not limit HU’s right to consider and act on additional information that may come to its attention from any source.

4.8 Discrepancies, Errors and OmissionsAny discrepancies, errors, omissions, or ambiguities in this IFB or the requirements/guidelines or addenda (if any) stated herein should be reported to HU. At HU’s option, a written addendum may be issued and the addendum will be incorporated in the IFB and will become part of the Contract Documents. HU will not be responsible for or bound by any oral instructions, clarifications or other communications and no such oral communication may be relied on by any Bidder.

4.9 CancellationHU reserves the right to cancel the agreement without cost or penalty to HU, if, in HU’s opinion, there is a failure at any time by the Contractor to adequately perform the Agreement, or if there is any attempt to willfully impose upon HU service workmanship which is, in the opinion of HU, of an unacceptable quality or time requirements. Cancellation of the Agreement shall not impair any rights or claim of HU to damages for the breach of any covenants of the Agreement by the Contractor.

4.10 GeneralHU recognizes that the lowest cost Bid does not necessarily indicate the best Bid in terms of capabilities, quality or service. As a result, the selection of a Contractor to which the contract will be awarded will be determined on the basis of which Bid is in the best interest of HU based on the factors described in the Bid Evaluation of this IFB. HU reserves the right to reject any or all Bids, to waive technicalities or informalities

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and to accept any bid determined to be in the best interest of HU. HU will not be responsible for misinterpretations that are caused by failure of a Bidder to follow the IFB format or to give proper and specific references when citing referenced material. The selection criteria are described in the IFB. HU reserves the right, in its discretion and without incurring any liability to any Bidder, to modify or terminate this IFB at any time prior to the execution of a definitive contract, and to accept or reject any Bid for any reason.

4.11 DocumentsEach Bid must include the following documents 1) A fully completed Bid, including any HU data sheets or addenda, 2) A signed Exceptions document to Instructions, Terms and Conditions, attached to Bid. Note: 3 (three) bid packages shall be submitted from each responding Bidder at the due date and time, with one marked Original for permanent record.

4.12 CommunicationHU reserves the right to communicate with the Bidders, individually or collectively, formally or informally. HU requires that questions and other communications concerning the IFB be submitted to HU only in writing and must be directed to the appropriate person identified in this IFB.

4.13 Response TimesResponse times will be made as described in the IFB. Failure to respond to as specified and in accordance with the Bid submitted, including promised lead times, will constitute sufficient grounds for cancellation of the contract, and HU shall incur no cost or penalty for cancellation. All Bids must include all applicable transportation, service charges, sales and use taxes, assembly, and all other applicable charges.

4.14 Minimum PerformanceThe services in accordance with this IFB (including optional items selected by HU) shall be fully in compliance with all federal, state, and local laws, rules, and regulations.

4.15 GuaranteeIn making a Bid, each Bidder certifies that it is fully aware of the conditions of service and that its offer will meet these requirements of service, and purpose to the satisfaction of HU. Bidder warrants and guarantees to HU all services and products to be provided and that work and products will be of good quality, and in conformance with the Contract Documents. All work not conforming to these standards may be considered defective by HU.

4.16 TaxesAll taxes of any nature arising out of or in connection with the work above shall be the responsibility of the Contractor.

4.17 NondiscriminationHU is an equal opportunity employer and as such requires that its suppliers not discriminate on the basis of race, color, sex, religion, or ethnic origin. Submitting an IFB constitutes Bidder’s acknowledgement of this provision. HU encourages the use of small business, minority, and women owned business enterprises.

4.18 Title VIBidder shall comply with the requirements of all federal statutes relating to nondiscrimination, including but not limited to, Title VI of the Civil Rights Act of 1964, which prohibits discrimination on the basis of race, color, sex, or national origin (“Title VI”). No person on the grounds of race, color, or national origin shall be excluded from participation in, denied benefits of, or be otherwise subject to discrimination in the performance of the bid. The bidder if awarded the bid shall upon request, show proof of such nondiscrimination.

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4.19 DamagesThe bidder will be responsible for any damages to property of HU or others caused by it, its employees, or sub-suppliers, and will replace and make good such damages to the satisfaction of HU.

4.20 Choice of LawThis bid and any subsequent contract or agreement related to this bid shall be governed by and construed with the Laws of the State of Alabama.

4.21 Statutory DisqualificationBy submitting a bid the bidder represents that neither it nor any of its officers, directors, shareholders, members or partners has been convicted or plead guilty or Nolo Contendere to any violation of the Sherman Anti-Trust Act, mail fraud, or other state, or federal criminal violation in connection with a contract let by the State of Alabama or any other state or any political subdivision of the State of Alabama.

4.22 Conflict of InterestBy submitting a bid, bidder represents that The City of Huntsville or HU employee, Board Member, or representative dually elected or appointed, supervise any work on any contract for HU nor has a “direct interest” in the bidder or in the work which is subject to this bid (see attachment D).

4.23 "Right to Know Law"Manufacturers and Distributors that are regulated by and complying with the provisions of the OSHA hazard communication standard must provide HU a material data safety sheet (MSDS) for any element, chemical, or mixture that presents a physical hazard or a health hazard as defined by the OSHA standard or any hazardous substance. The data sheet must be provided to HU at the time of delivery. Manufacturers and Distributors must insure that each container of hazardous chemical delivered to HU be properly labeled, tagged, or marked in accordance with OSHA standards. Labels and other forms of warning for each incoming hazardous chemical will be inspected for compliance with the standard

4.24 Copyright, Trademark, Service Mark, or Patent InfringementA. Bidder shall, at its own expense, be entitled to and shall have the duty to defend any suit which may be

brought against HU to the extent that it is based on a claim that the products or services furnished infringe a copyright, trademark, service mark, or patent. Bidder shall further indemnify and hold harmless HU against any award of damages and costs made against HU by a final judgment or a court of last resort in any such suit.

B. If the products or services furnished under this bid or contract are likely to, or do become, the subject of such a claim of infringement, then without diminishing Bidder’s obligation to satisfy the final award, Bidder may at its option and expense:1. Procure for HU the right to continue using the product or service.2. Replace of modify the alleged infringing products or services with other equally suitable products or

services that are satisfactorily to HU, so that they become non-infringing.3. Remove the products or discontinue the services and cancel any future charges pertaining thereto.

Provided, however, that Bidder will not exercise options b.1, or b.2 when they are impractical.

4.25 Ownership of Intellectual PropertyAny and all intellectual property, including but not limited to copyright, invention, trademark, trade name, service mark, and/or trade secrets created or conceived pursuant to or as a result of this contract and any related subcontract (“Intellectual Property”), shall be work made for hire and HU shall be considered the creator of such Intellectual Property. HU shall own the entire right, title and interest to the Intellectual Property throughout the world. Contractor shall notify HU, within thirty (30) days, of the creation of any Intellectual Property by its or its subcontractor(s). Contractor, on behalf of itself and any subcontractor(s), agrees to execute any and all document(s) necessary to assure ownership of the Intellectual Property vests in HU and shall take no affirmative action’s that might have the effect of vesting all or part of the Intellectual Property in any entity other than HU. The Intellectual Property shall not be disclosed by contractor or its subcontractor(s) to any entity not HU without the express written authorization of HU.

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4.26 Property of Huntsville UtilitiesAny materials, including reports, computer programs, and other deliverables created under the Contract Documents are the sole property of HU. The Contractor is not entitled to a patent or copyright on those materials and may not transfer the patent or copyright to anyone else. The Bidder shall not use or release these materials without the prior written consent of HU.

4.27 Possession of WeaponsAll Bidders, suppliers, and service providers and their employees, agents, or subcontractors are prohibited from possessing any weapons on HU property.

4.28 SearchAll persons, packages, and vehicles on HU property are subject to being searched. Routine unannounced searches by HU maybe conducted. Refusal to submit to random searches will be grounds for removal from HU property and prohibited access in the future. All vehicles leaving the HU facilities are subject to being searched.

Section 5.0 Indemnification

5.1 Indemnity Contractor agrees to indemnify, defend, and hold harmless HU, its trustees, officers, agents, and employees of, from and against any and all claims and demands which may arise in any way out of the furnishing of goods and services hereunder, including, without limitation, claims and demands arising from injury or death of personnel of HU or for damage to the property of HU, expect those arising by reason of the gross or intentional negligence or willful act of HU, the officers, agents, or employees.

5.2 Governmental Tort LiabilityNotwithstanding anything else to the contrary, the indemnity provisions of this Section 1 shall not be construed to change the liability of any party hereto for any claim that would otherwise be prohibited or limited under any applicable provisions of the Alabama Governmental Tort Liability Act, as codified in Alabama Code §6-11-26 (1975), as it may be amended from time to time by act of the legislature (the “Act”), it being the intent of this section not to waive, diminish, or otherwise affect the statutory limits of liability, the statutory immunity, or the extent of immunity that may have been established for any party hereto under the Act.

It is the intent of the parties that Contractor and HU will not, by virtue of the indemnities provided by each to the other party in this Agreement, assume towards any third party any liability that would exceed any liability that HU would have in the absence of such indemnities.

It is the intent of the parties that nothing in this provision shall diminish the rights or defenses either party would have under Alabama’s Workers’ Compensation Laws.

Section 6.0 Insurance Requirements

The Contractor shall not commence any service in connection with the Agreement until it has obtained all of the following types of insurance and such insurance has been approved by HU. (Worker’s Compensation, Public Liability and Property Damage and Subcontractor’s Liability and Property Damage as outlined in this section). The Contractor shall not allow any subcontractor to commence service on their subcontract until all similar insurance required of the subcontractor has been obtained and approved. All insurance policies shall be with insurers approved and admitted to do business in Alabama. HU shall be furnished proof of coverage of insurance by certificates of insurance accompanying the contract documents and shall name HU as an additional insured as respects commercial general liability and business automobile liability. The Contractor shall provide HU a (60) sixty day cancellation notice in the event any insurance required by fair agreement is canceled.

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6.1 Employer’s Liability InsuranceThe Contractor shall secure and maintain during the term of the Agreement, Employer’s Liability Insurance with minimum limits of $100,000 bodily injury for each accident.

6.2 Worker’s Compensation InsuranceThe Contractor shall secure and maintain during the term of the Agreement, worker’s compensation insurance for all of their employees connected with the work on this project, and in case any work is sublet, shall require the subcontractor similarly to provide worker’s compensation insurance for all of the latter’s employees unless such employees are covered by the protection afforded by the Contractor. Such insurance shall comply fully with Alabama Worker’s Compensation Law. In case any class of employees engaged in hazardous work under this contract at the site of the project is not protected under the Worker’s Compensation Statute, the Contractor shall provide, and cause each Subcontractor to provide, adequate insurance satisfactory to HU, for protection of their employees not otherwise protected.

6.3 Commercial General Liability and Business Auto LiabilityThe Contractor shall secure and maintain during the term of the Agreement, comprehensive general liability and comprehensive automobile liability insurance which shall protect them from claims for damage for personal injury, including accidental death, as well as claims for property damages which may arise from operations under this Agreement whether such operation be by themselves or by anyone directly or indirectly employed by them. The minimum amount of such insurance shall be as follows:

General Liability Minimum AmountPer Occurrence Limit $500,000General Aggregate Limit $500,000Products/Completed Operations Aggregate Limit $500,000Fire Damage Legal Liability $500,000Medical Expense $5,000Automobile Liability $1,000,000*Umbrella Liability $1,000,000*Combined single limit

All policies of insurance referred to herein shall be written on an occurrence basis unless otherwise agreed by HU in writing.

6.4 Notice of CancellationAll policies shall have no less than a (60) sixty-day notice of cancellation. Cancellation of insurance coverage required by this part shall constitute a material default by Contractor, if substituted coverage, not meeting the requirements of this part, is not acquired by Contractor immediately.

6.5 Huntsville Utilities Named Additional InsuredInsurance must be underwritten by companies authorized to do business in the State of Alabama. Evidence of insurance must be furnished to HU prior to issuance of the purchase order. Before this Agreement becomes effective, Contractor and its subcontractors, at its own expense, shall procure and maintain all required insurance for the duration of this Agreement. Contractor, and where applicable its subcontractors, must provide certificates of insurance to HU for the insurance coverage’s listed in this section and name HU as an additional insured for each of the coverage’s listed in this Section, except for workers compensation and employers liability coverage.

Section 7.0 Security Requirements

7.1 Security Passes, Parking Permits, Keys, etc.HU reserves the right to issue access security passes, parking permits, keys, and other security related items to its contractors. The contractor must return any access security passes, parking permits, keys, and

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other security related items on demand. Failure to do so will result in a penalty of two hundred and fifty ($250) dollars per unreturned access security pass, parking permit, keys, and/or other security related item and may be considered a material breach of contract.

7.2 Security Policies and ProceduresHU requires its contractors to follow all applicable HU policies and procedures. HU will be responsible for notifying the contractor of any applicable policies and will provide the contractor with copies of these policies.

7.3 Background Checks and Drug ScreeningsIt is required that the contractor, at its own expense, conduct thorough background checks and drug screenings that meet HU standards on any and all of the contractor’s personnel who will be working in any capacity on HU’s account. HU reserves the right to audit these background checks and drug screenings at any time.

In addition, HU, at its own expense, may also conduct background checks on the Contractor, to include the contractor and any of the contractor’s employees who will be working on HU’s account.

7.4 Security ClearanceBefore any employee of a contractor can gain access to a HU facility, the employer will be required to provide to HU in writing the name and address of such employee and a signed Security Clearance Application (Attachment G) for each of the contractor’s employees or subcontractors who will be working on HU’s account. (This form does NOT need to be filled out unless you are the Contractor awarded this bid.) This information will be required three (3) working days in advance of any access by contractor’s employee. The contractor will also be required to notify HU security immediately of any changes in personnel who are assigned to the HU account. HU contact information will be specified at the time the bid is awarded.

7.5 E-Verify NoticeThe Beason-Hammon Alabama Taxpayer and Citizen Protection Act, Act No. 2011-535, Code of Alabama (1975) § 31-13-1 through 31-13-30” (also known as and hereinafter referred to as “ the Alabama Immigration Act”) is applicable to contracts with Huntsville Utilities. As a condition for the award of a contract and as a term and condition of the contract with Huntsville Utilities, in accordance with § 31-13-9 (a) of the Alabama Immigration Act, any business entity or employer that employs one or more employees shall not knowingly employ, hire for employment, or continue to employ an unauthorized alien and shall attest to such by sworn affidavit signed before a notary. Such business entity or employer shall provide a copy of such affidavit to Huntsville Utilities as part of its proposal or proposal for the contract along with documentation establishing that the business entity or employer is enrolled in the E-Verify program. The required affidavit form is included at the end of this notice.

During the performance of the contract, such business entity or employer shall participate in the E-Verify program and shall verify every employee that is required to be verified according to the applicable federal rules and regulations. The business entity or employer shall assure that these requirements are required of every subcontractor in accordance with §31-13-9(c) and shall maintain records that are available upon request by Huntsville Utilities, state authorities or law enforcement to verify compliance with the requirements of the Alabama Immigration Act. Failure to comply with these requirements may result in a breach of contract, termination of the contract or subcontract, and possibly suspension or revocation of business licenses and permits in accordance with §31-13-9 (e) (1) & (2) or in the case of a subcontractor, in accordance with §31-13- 9 (f) (1) & (2).

Huntsville Utilities (“Utilities”) has adopted Ordinance No. 09-735 (“E-Verify Ordinance”), which requires that certain Contractors comply with certain employment requirements.

Pursuant to the E-Verify Ordinance, the Supplier/Contractor acknowledges:13

That it has obtained a copy of the E-Verify Ordinance;

That it has read and understands the requirements of the E-Verify Ordinance;

That if the Contractor elects to use an alternate comparable employment eligibility verification system to be used in lieu of E-Verify as defined in the E-Verify Ordinance, the Contractor shall make a written request for approval of such system to the Huntsville Utilities Purchasing Supervisor through the Procurement Services Division;

That if the Contractor uses one or more subcontractors in connection with the performance of a contract as defined in the E-Verify Ordinance, the Contractor shall include in all subcontracts valued at $3,000 or more the requirement for compliance by the subcontractor with the E-Verify Ordinance, and that certification from a subcontractor shall be furnished by the Contractor to Huntsville Utilities within three (3) working days from the date of execution of the subcontract agreement;

That failure to comply with the E-Verify Ordinance by the Contractor or subcontractor shall be a material breach of its Contract with Huntsville Utilities; and,

That the Contractor shall submit proof of enrollment in the E-Verify system or approved alternate system upon request of Huntsville Utilities, prior to award of a contract.

Bidder must complete Attachment F: E-Verify Affidavit.

Section 8.0 Identify Theft

All service providers engaged to perform any activity in connection with one or more covered accounts shall conduct their activities in accordance with reasonable policies and procedures designed to detect, prevent, and mitigate the risk of identity theft.  Such service providers shall be required to have policies and procedures to detect relevant Red Flags that may arise in the performance of the service provider’s activities.  Such service providers shall also be required to immediately report Red Flags to Huntsville Utilities and take appropriate steps to prevent or mitigate identity theft.

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Attachment A (Requirements Checklist)

SUMMARY OF BID FORMS AND REQUIREMENTS

ITEM

REQUIRED AT PRE-BID

MEETINGREQUIRED AT BID

OPENINGREQUIRED AFTER

AWARDBidder's Qualification Forms Subcontractor List References List Certified Copy of Insurance Policy Non-Collusion Affidavit Pricing List Answers to Questionnaire Agreement Machine Copy of AL Contractor License Conflict of Interest Form E-Verify Affidavit

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Attachment B (Bidder Qualification Forms)

Huntsville Utilities strives to hire experienced, qualified contractors to ensure the safety of all involved and to maintain good customer relations. The Bidder is encouraged to provide as much information as possible regarding his safety and service records as a Contractor in the field pertaining to the work being bid, as well as detailed work history of his employees. Huntsville Utilities reserves the right to request additional information if necessary to make a determination as to the qualifications of the Contractor or employees.

The following data, statements of experience, personnel, equipment, and general qualifications of the BIDDER are submitted as a part of the Bid, and the BIDDER represents and guarantees the truthfulness and accuracy thereof:

A. General Information

Company Name

Address

City/State/Zip

Contact Person:

Phone Number

Fax Number:

State of AL Contractor License #

City of Huntsville License #

Madison County License #

B. Our organization has been in business continuously from the year .

C. Our organization has had experience in the Payment Kiosks comparable to that required by the Contract Documents as a prime CONTRACTOR for ______________ years and as a Subcontractor for years.

D. Following is a list of the projects our organization or Subcontractor(s) proposed for this Contract, has completed which is similar in character and in magnitude to that required by the Contract Documents, use additional sheets if required.

Year Owner (Name, Phone and E-mail Address) LocationContract Amount

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Year Owner (Name, Phone and E-mail Address) LocationContract Amount

E. The following supervisory personnel are currently employed by the BIDDER and available for the Project (project manager, superintendents, and principal foremen):

Name Title Years of Experience

F. Attached is a detailed resume of qualifications, previous employers and experience of the project manager proposed to be assigned to the project.

G. Following is a list of equipment owned by our organization that is available for use on the Project (attach additional sheets if necessary):

Type of Equipment Size or Capacity Present Location/Rental

H. The names and residences of the members of the Board of Directors of bidding corporation, or the names and residences of all persons and parties interested in this Bid as partners of a partnership or as individuals, are as follows (attach additional sheets if necessary):

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Name Address (Residence)

I. Following is a list of all projects we have undertaken in the last five years which have resulted in partial or final settlement of the contract by arbitration or litigation or are pending arbitration or litigation:

Name of Client and ProjectOriginal Contract

AmountTotal

Claims

Arbitrated orLitigated amount of settlement

of claims

J. Reference is hereby made to the following bank or banks as to the financial responsibility of the BIDDER:

Name of Bank Address

K. List the bonding capacity of your company: $

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L. The following Subcontractors, suppliers, other persons and organizations are proposed to be employed to furnish portions of the work:

Name Address Price Type of Construction % Total Contract

Acceptance of a bid accompanied by this form does not indicate that Huntsville Utilities is of the opinion that the Bidder is qualified to do the work being bid. That determination will be made on a bid-by-bid basis, depending on the type of work and pending review of the Bidder's Qualification Forms and supporting information.

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Attachment C (Sample Contract)

THIS AGREEMENT, made and entered into on the _______ day of _________________, 20______ BY AND BETWEEN , CONTRACTOR, Party of the First Part, and THE CITY OF HUNTSVILLE, ALABAMA, A MUNICIPAL CORPORATION, WITHIN THE STATE OF ALABAMA, d/b/a, HUNTSVILLE UTILITIES Party of the Second Part, hereinafter referred to as the OWNER.

** WITNESSETH **

The CONTRACTOR, in consideration of the sum to be paid him by the OWNER and of the covenants and agreements herein contained, hereby agrees at its own proper cost and expense to do all the work and furnish all materials, software, labor, and all appliances, machinery, and appurtenances for providing Payment Kiosks to the extent of the Bid made by the CONTRACTOR, dated September 5, 2014, all in full compliance with the Contract Documents referred to herein.

The Contract Documents shall include but not be limited to the Bidding Requirements, signed copy of the Bid, Contract Forms (including any Amendments), Invitation for Bid, the General and Special Conditions, Supplemental Conditions, if any, Bonds, Technical Specifications, and any other printed or written explanatory matter thereof, including any and all addenda, as prepared by the OWNER, all of which are made a part of this Contract as if fully and completely set forth herein. All of the aforesaid documents are collectively referred to as "Contract Documents".

In consideration of the performance of the work as set forth in these Contract Documents, and subject to adjustments in accordance with the Contract Documents, the OWNER agrees to pay the Contractor and to make payments in the manner and at the times provided in the Contract Documents, the amount as called out in our basic agreement based upon the unit pricing as called out in the referenced bid and our acceptance of that offer.

The CONTRACTOR agrees to commence the work to be performed under this agreement on a date to be specified in a written notice by the OWNER. The contract will be for an initial term of seven (7) days with a starting date and an ending date as required by the event of a natural disaster. At HU’s sole discretion, and subject to the terms and conditions of the Agreement, the Agreement may be extended for as long as there is a requirement for Payment Kiosks. In the event the CONTRACTOR fails to complete the work within the time limit or extended time limit agreed upon, as more particularly set forth in the Contract Documents, liquidated damages shall be paid to the OWNER in the amount of $50,000.00 per calendar day.

The CONTRACTOR agrees to the manner and method of progress or periodic payments which will be made by the OWNER to the CONTRACTOR as set forth in the General Conditions and Supplementary Conditions of the Contract. Notwithstanding any laws of the State of Alabama to the contrary, the CONTRACTOR does hereby agree that the OWNER shall keep and retain all amounts retained from periodic or progress payments in the same form as retained until such time as the final payment is made.

It is mutually agreed between the parties that at any time after the execution of this Agreement and the Performance and Payment Bonds attached (attachments C and D), the OWNER shall deem the sureties upon such bonds to be unsatisfactory; or if, for any reasons such bond ceases to be adequate to cover the performance of the work, the CONTRACTOR shall, at its expense, within five (5) days after the receipt of notice from the OWNER to do so, furnish additional bond or bonds, in such form and amount and with such surety or sureties as will be satisfactory to the OWNER. In such event, no further payment to the CONTRACTOR shall be deemed to be due under the Contract until such new or additional security for the faithful performance of the work shall be furnished in manner and form satisfactory to OWNER.

The said CONTRACTOR further agrees to indemnify, hold harmless, and defend the OWNER, the City of Huntsville, members of the Huntsville Utilities Boards, or their representatives, employees, agents or

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servants from and against any and all liability for loss, damages, attorney fees, and expenses which the OWNER, the City of Huntsville, members of the Huntsville Utilities Boards, or their representatives, employees, agents or servants, may suffer or be held liable by reason of injury or damage to any person or property arising out of or in any manner connected with the operations to be performed under this Contract whether or not due in whole or in part to any act, omission, or negligence of the OWNER, The City of Huntsville, the members of the Huntsville Utilities Boards, or to any of their representatives, employees, agents or servants.

The CONTRACTOR must file with the OWNER evidence of adequate insurance for damages to persons and property which may arise out of performance of this Contract, and which is set forth in the Contract Documents, appendices and attachments hereto.

No additional work or extras shall be done unless the same shall be duly authorized by appropriate action by the Owner in writing.

IN WITNESS WHEREOF, the parties hereto have executed this Contract on the day and date first written above in three (3) consecutive counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed as the original Contract.

CITY OF HUNTSVILLE, ALABAMA, A MUNICIPAL CORPORATION WITHIN THE STATE OF ALABAMA, d/b/a/ HUNTSVILLE UTILITIES: CONTRACTOR:

_________________________________ _________________________________Signature Signature

_________________________________ _________________________________Title Title

_________________________________ _________________________________Attest as to Owner Attest as to Contractor

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Attachment D (Conflict of Interest Form)

Yes No1. Has anyone from The City of Huntsville, a Huntsville Utilities employee, a Huntsville Utilities Board Member, or representative from Huntsville Utilities or the City of Huntsville dually elected or appointed ever been employed, retained, induced, or directed to solicit or secure the Agreement?

Yes No2. In the event of any allegation of substance (determination of which will be made solely by Huntsville Utilities) that Item #1 has been violated, will you, Contractor, cooperate fully with Huntsville Utilities in establishing whether or not the allegation is true?

If a violation of Item #1 above is found to have occurred, the Agreement may be terminated by Huntsville Utilities.

Contractor:

Company Name

Address

City, State, Zip Code

Signature

Printed Name

Title

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Attachment E (Non-Collusion Affidavit)

I, , being duly sworn, depose and say:

1. I am the person responsible within my firm for the final decision as to the price(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on the behalf of my firm.

2. The price(s) and amount of this bid have been arrived at independently, without consultation, communication, or agreement for the purpose of restricting competition with any other CONTRACTOR, bidder, or potential bidder.

3. Neither the price(s) nor the amount of this bid have been disclosed to any other firm or person who is a bidder or potential bidder on this project, and will not be so disclosed either directly or indirectly prior to bid opening.

4. No attempt has been made or will be made to solicit, cause, or induce any firm or person to submit or not submit a bid on this project, or to submit a bid higher than the bid of this firm, or submit intentionally high or noncompetitive bid or other form of complementary bid.

5. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary bid.

6. My firm has not offered or entered into a subcontracting agreement regarding the purchase of material or services from any firm or person, or offered, promised, or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by any firm or person to refrain from bidding or to submit a complementary bid on the project.

7. My firm has not accepted nor been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid in cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for my firm's submitting a complementary bid or agreeing to do so, on this project.

8. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval, or submission of my firm's bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act, or other conduct inconsistent with any of the statements and representation made in this affidavit.

Sworn to me this , 201__Company Name

Signature Signature

Printed Name Printed Name

Title

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Attachment F (E-Verify Affidavit)

Compliance with the requirements of the Beason-Hammon Alabama Taxpayer and Citizen Protection Act, Act No. 2011-535, Code of Alabama (1975) § 31-13-1 through 31-13-30” (also known as and hereinafter referred to as “the Alabama Immigration Act”) is required for HuntsvilleUtilities’ contracts as a condition of the contract performance.

Complete one of the affidavits below as applicable.

I, _____________________________________, a duly authorized officer or agent of ________________________________ (Contractor), do execute this affidavit on behalf of ________________________________ (Contractor) and by executing this affidavit, the undersigned Contractor verifies that it is a sole proprietorship, partnership, corporation or other business entity (circle one) that has no employees.

OR

I, _____________________________________, a duly authorized officer or agent of ________________________________ (Contractor), do execute this affidavit on behalf of ________________________________ (Contractor) and by executing this affidavit, the undersigned Contractor verifies its compliance with the Beason-Hammon Alabama Taxpayer and Citizen Protection Act, Act No. 2011-535 (Code of Alabama (1975) § 31-13-9), stating affirmatively that it does not knowingly employ, hire for employment, or continue to employ an unauthorized alien and that the sole proprietorship, partnership, or corporation or other business entity (circle one) which is contracting with Huntsville Utilities has registered with and is participating in the federal work authorization program known as “E-verify”, web address https://e-verify.uscis.gov/enroll operated by the United States Citizenship and Immigration Service Bureau of the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603, in accordance with the applicability provisions of the Alabama Immigration Act.

The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with Huntsville Utilities , Alabama, that the Contractor will secure from such subcontractor(s) verification of compliance with Code of Alabama (1975) § 31-13-9 in a form substantially similar to this affidavit. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to Huntsville Utilities, at the time the subcontractor is retained to perform such services.

_________________________________________________________E-Verify Employment Eligibility Verification User Identification Number

_________________________________________ Name of Contractor

SUBSCRIBED AND SWORN BEFORE ME ON THIS THE ____ DAY OF _________________,

_________________________________________ 20____.Signature of Authorized Officer or Agent of Contractor

_________________________________________ ____________________________________Printed Name of Authorized Officer or Agent Notary Public

___________________________________________ My commission Expires: __________________Title of Authorized Officer or Agent of Contractor

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Attachment G (Contractor Security Clearance Application)

(A separate application will be required for each employee or subcontractor working on this project)

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1. Personal Information:

Name: Last________________________________________ First Middle__________

Aliases:_____________________________________ Nickname(s) ___________________________________

Address ___________________________________________City____________________State__________Zip________

Social Security No. ____________________ Date of Birth______________

Driver’s License # State .

Height______________ Weight _______________ Color Hair _______________ Color Eyes___________

2. Employment

Current Employer__________________________________________ Date Hired__________________________

Current Supervisor _________________________________________

3. Please provide all addresses for the last 5 years along with the dates you lived at those addresses:

(cont’d next page)

4. Criminal History:Have you been convicted or found not guilty by reason of insanity, of any of the following offenses in the last 7 years?

YES NO

Involvement in any act of sabotage, espionage, treason, terrorism, or sedition?

Sexual behavior of a criminal nature?

Deceptive or illegal financial practices such as embezzlement, employee theft, check fraud, or income tax evasion?

Alcohol related incidents such as driving under the influence or public intoxication?

Improper or illegal involvement with illegal or prescription (controlled) drugs?

Attachment H (Pricing Sheet)

Hardware at No Cost and Customer Fee

Description QuantityUnit of

Measure Unit PriceExtended Unit

PriceHardware 2 Each $ 0.00 $ 0.00Customer Fee 1 Each $

OR

Hardware at No Cost and Monthly Fee

Description QuantityUnit of

Measure Unit PriceExtended Unit

PriceHardware 2 Each $ 0.00 $ 0.00Monthly Fee 1 Each $

OR

Hardware Charge and Fees

Description QuantityUnit of

Measure Unit PriceExtended Unit

PriceHardware 2 Each $ $Monthly Fee 1 Each $ $Other $ $

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Attachment I (Questionnaire)

1. Describe your company’s safe coding practices. Are there specific standards or criteria you adhere with?

2. Describe your company’s Cyber Security Program. Include the following topics in this description, and relate them to Huntsville Utilities and how they will be applied or implemented for this project:

Secure Development Practices. Documentation and Tracking of Vulnerabilities Problem Reporting Patch Management and Updates Supplier Personnel Management Secure Hardware and Software Delivery Access Control Account Management Session Management Authentication / Password Policy and Management Logging and Auditing Communication Restrictions Malware Detection and Protection Heartbeat Signals and Protocols Reliability and Adherence to Standards Physical Security Wireless Technology Provisions Cryptographic Systems ManagementCan we get a copy of this program?

3. Describe your Incident Response Plan, and give details of how we, as a customer, would be notified in the case of your company being compromised through a Cyber Security Incident.

4. Are you certified as a Trusted Provider under ISO/IEC 20243?

5. Have you ever been hacked, to your knowledge?

6. How do you insure that your employees, or those of any subcontractors, are trusted? Do you conduct background checks?

7. Is there a most recent External Security Audit available?

8. Will you allow Huntsville Utilities to conduct third party penetration testing and security analysis of your proposed systems?

9. Describe your Cyber Security Training programs.

10. Can you demonstrate that you maintain PCI compliance with your proposed system(s)?

11. Do you offer an outdoor weatherized Kiosk? If so, is this a stand-alone design or through-the-wall design? Is the outdoor model offered as a walk-up processing or designed for drive-up application? NOTE: The questions in number eleven are for future reference only for Huntsville Utilities, when and if, outdoor weatherized kiosks are to be purchased.

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