082625 Trailer Bid.pdf

NOTICE TO BIDDERS

Bid No. 2025-31

Sealed bids for the purchase of one (1) new enclosed trailer for use by the Livingston County Sheriff’s Office will be received by the Office of the Livingston County Administrator at the Livingston County Government Center, 6 Court Street, Room 302, Geneseo, New York until 10:00 AM local time on September 24, 2025. All bids must be placed in a sealed envelope and shall clearly be marked "Sheriff’s Trailer Bid.” E-mailed or faxed bids will not be accepted.

The official time for the receipt of bids will be the time shown on the time stamp located in the Board of Supervisors/County Administration area, Room 302 on the third floor, Livingston County Government Center, 6 Court Street, Geneseo, New York 14454. Bids will be publicly opened and read aloud immediately after the 10:00 AM submission deadline in Room 303B of the Livingston County Government Center.

Security procedures are in effect at the Livingston County Government Center. Interested Bidders who intend to hand deliver proposals and/or conduct business with Livingston County should allow sufficient time for any delay which may arise as a result of security procedures. Bidders assume the risk of any delay in the mail or in the handling of the mail by County employees. Whether a bid submission is sent by mail or by means of personal delivery, Bidders assume responsibility for having their bids deposited on time at the place specified. To be considered “delivered on time,” a submission must be received by County Administration by the appointed day and time. All bids received after the day and time stated will not be considered and will be returned unopened to the Bidder.

Copies of Bidding Documents may be obtained from the Office of the Livingston County Administrator by emailing Ashley Scutt, Purchasing Director, at ashleyscutt@livingstoncountyny.gov or by calling

(585) 243-7040. All Bidders must register with Ashley Scutt, identified above, to ensure receipt of any subsequently issued addendum(s). Bids may also be obtained by download at http://www.empirestatebidsystem.com

Questions regarding the Bidding Documents are to be emailed to Ashley Scutt at ashleyscutt@livingstoncountyny.gov no later than 12:00 PM on September 16, 2025. Only written Requests for Information will be accepted. The questions received and all answers will be sent to all in receipt of the Bidding Documents no later than 4:00 PM on September 18, 2025. If necessary, an Addendum to the Bidding Documents will be issued. All addenda so issued shall become part of the Bidding Documents.

Attention to the Bidder is particularly called to the County’s sales tax exemption.

All bids must be accompanied by a fully executed Non-Collusion Certification and Appendix “D” Certification “Iranian Energy Sector Divestment” pursuant to New York State General Municipal Law Section 103-g in order to be considered for award.

Livingston County reserves the right to reject any and all bids.

Livingston County is an equal opportunity/affirmative action employer. A recap of the bids received and the award information will be posted on the County’s website: www.livingstoncountyny.gov.

Ashley Scutt Dated: 8/26/2025 mailto:ashleyscutt@livingstoncountyny.gov http://www.empirestatebidsystem.com/ mailto:ashleyscutt@livingstoncountyny.gov http://www.livingstoncountyny.gov/

LIVINGSTON COUNTY PURCHASING DEPARTMENT

Livingston County Government Center

6 Court Street, Room 302 Geneseo, New York 14454

GENERAL CONDITIONS. These General Conditions shall apply unless specific bid documents contain conflicting requirements.

1. All proposals shall be made upon the forms furnished by Livingston County and shall be contained in sealed envelopes addressed to the Livingston County Administrator’s Office, Livingston County Government Center, 6 Court Street, Room 302, Geneseo, New York 14454.

2. Form of proposal as issued by the County shall be completely filled in using black ink or typed. No bid will be accepted which contains any changes, additions, omissions, or erasures, unless otherwise stated.

3. Bidder must submit with its bid detailed specifications, circulars, and all necessary data on the items/services it proposes to furnish. This information must show clearly that the item/service offered meets all detailed specifications contained herein. The County reserves the right to reject any bid if its compliance with the specifications is not clearly evident. If an item/service offered differs from the provisions contained in these specifications such differences must be explained in detail, and the bid will receive careful consideration if such deviations do not depart from the intent of these specifications and are in the best interests of the County as interpreted by the County.

4. All prices quoted must be per unit as specified. For instance, do not quote per case when per dozen is requested. Otherwise, the bid may be rejected.

5. Bidder must insert the price per unit and the extensions against each item in this bid. In the event of a discrepancy between the unit price and the extension, the unit price will govern. Prices shall be extended in decimals, not fractions. Should there be a discrepancy between a price written in numbers and alpha - the alpha will govern.

6. The prices submitted shall be exclusive of Federal and State taxes and must not include any tax for which the Bidder may claim exemption because of doing business with the County.

7. Prices shall be net, including transportation and delivery charges fully prepaid by the successful Bidder to the destination(s) indicated in the Bidding Documents.

8. Prices shall be net FOB any point in Livingston County, New York. Price quoted shall include all delivery costs.

9. Where a Bidder is requested to submit a bid on individual items/services and/or on a total sum or sums, the right is reserved to award bids on individual items/services or on total sums. The County reserves the right to award in whole or in part based on the lowest responsible bid.

10. All bids received after the time stated for the opening in the Notice to Bidders will not be considered and will be returned unopened to the Bidder. The Bidder assumes the risk of any delay in the mail or in the handling of the mail by County employees. Whether a bid submission is sent by mail or by means of personal delivery, the Bidder assumes responsibility for having its bid deposited on time at the place specified.

11. In all specifications, the words “or equal” are understood after each article giving manufacturer’s name or catalog reference, or on any patented article. The decision of the County as to whether an alternate or substitution is in fact equal shall be final. If bidding on items other than those specified, Bidder must in every instance give the trade designation of the article, manufacturer’s name, and detailed specifications of the item it proposes to furnish, otherwise, the bid will be construed as submitted on the identical item fully informed as to the extent and character of the supplies, material, or equipment required and a representation that the Bidder can furnish the supplies, materials, or equipment satisfactorily in complete compliance with the specifications.

12. If two or more Bidders submit identical bids as to price, the decision of the County to award a contract to one of the identical Bidders shall be final. (General Municipal Law Section 103(1)).

13. It is the responsibility of the Bidder to offer a product that meets the specifications of the manufacturer model as listed. Failure to submit any of the above data may result in rejection of the bid. The County, however, reserves the right to request any additional information deemed necessary for the proper evaluation of bids. Manufacturer’s recommended list prices are required with the bid.

14. See attached insurance requirements (Appendix C). General liability, workers compensation, and disability coverage statements are required of all Bidders. Automobile coverage is required from those who provide delivery. Bidders who use common carriers for delivery do not need automobile coverage statements.

15. In the event satisfactory bids are not received, the County reserves the right to consider alternative proposals containing deviations from County specifications. Bidders shall explain in detail where such alternatives deviate from or qualify the terms of the proposal and specifications as issued.

16. Bidders must fill in all applicable spaces on the Bid Pricing Form. All lines must have an indication of a Bidder’s response whether that be 0, N/A, -, or a dollar figure. All lines must be filled in to indicate a Bidder’s acknowledgment of the request. Bids that do not have all applicable lines filled in on the Bid Pricing Form may be disqualified as a non-responsive bid. The County cannot assume there is no charge when lines are left empty.

17. The following items will automatically render a bid unacceptable to Livingston County:

(a) Failure to sign the Bid Proposal page.

(b) Failure to include a fully executed Non-Collusion Certification.

(c) Failure to include a fully executed Appendix D Certification “Iranian Energy Sector

Divestment”.

It shall be fully understood that any deviations from the inclusion of the above items will be grounds to see the bid as non-compliant and will not be considered for award.

18. Faxed or emailed bids will not be accepted.

19. The County reserves the right to purchase items included in these specifications on New York State

Contracts, when available.

AWARD

20. The County reserves the right to reject any and all bids not deemed to be in the best interest of the County and to reject as informal such bids, as in its opinion, are incomplete, conditional, obscure, or which contain irregularities of any kind including unbalanced bids. By an unbalanced bid, it is meant one in which the amount bid for one or more separate items is substantially out of line with the current market prices for the materials and/or work covered thereby.

21. The County reserves the right to waive any informality or to reject any or all bids.

22. Awards will be made to the lowest responsive responsible Bidder, as will best promote the public interest, taking into consideration the reliability of the Bidder, the quality of the materials, equipment, or supplies to be furnished, their conformity with the specifications, the purposes for which required, and the terms of delivery.

23. No contract awarded hereunder shall, either in whole or in part, be assigned, transferred, conveyed, sublet or otherwise disposed of to any other person, company or corporation unless approval is first obtained in writing from the County.

24. If the successful Bidder fails to deliver within the time specified, or within reasonable time as interpreted by the County, or fails to make replacement of rejected articles, when so requested, immediately or as directed by the County, the County may purchase from other sources to take the place of the item rejected or not delivered. The County reserves the right to authorize immediate purchase from other sources against rejections on any contract when necessary. On all such purchases the successful Bidder agrees to reimburse the County promptly for excess costs occasioned by such purchases. Should the cost be less, the successful Bidder shall have no claim to the difference. Such purchases will be deducted from contract quantity.

25. Should any material or equipment delivered fail to meet the specifications, the County may, at its discretion require the successful Bidder to replace the same with material or equipment which does meet the specifications and, at said Bidder’s expense, to remove the rejected material or equipment from wherever delivered or stored and in the event that such proper replacement and removal is not made by the successful Bidder within fifteen (15) days, to cancel the order and terminate the contract, in which event the County will assume no responsibility for any expense or loss to said Bidder because of such cancellation or termination.

26. Payments cannot be processed by the County until contract items have been delivered in satisfactory condition.

27. Extension of Prices - The County will make the awarded contract available to all municipalities, subject to eligibility under state law. The successful Bidder may provide substantially the same goods/equipment/services under the same terms and conditions detailed in this solicitation, provided it is permitted by local law and the requesting entity makes its own payment arrangements. The Bidder may not increase the price on the contract but may negotiate a reduction. The County is not responsible for determining an entity’s ability to piggyback, and that right is reserved exclusively to the entity’s counsel. Although extension of the contract to additional municipalities is optional for the successful Bidder, providing the goods/equipment/services is a priority for the County.

28. Any errors in the bid award which are the fault of the County must be forwarded, in writing, to the Livingston County Administrator’s Office within five (5) working days of the notification of award.

No corrections will be made beyond that date. If errors on the part of the County are discovered too late to be corrected, the County will issue a no award on those affected items and re-bid or seek quotes at later date.

29. If a successful Bidder exhibits a history of back orders or delayed deliveries the County reserves the right to rescind its award and to disqualify them from future bidding.

30. Any and all awards resulting from this bid shall be final and shall be for the complete term of the contract. No rescinding of awards will be made because of Bidder error or inability to perform.

31. Executory Clause. It is understood by the parties that the awarded contract shall be executory only to the extent of the monies available to the County and appropriated therefore, and no liability on account therefor shall be incurred by the County beyond the monies available and appropriated for the purpose thereof.

DELIVERY

32. Delivery must be made in accordance with the instructions to Bidders and the specifications. If delivery instructions do not appear on an order, it will be interpreted to mean prompt delivery. The decision of the County as to reasonable compliance with delivery terms shall be final.

33. Delivery of items/equipment/materials shall be made F.O.B. to the appropriate Livingston County location listed in the instructions to Bidders and the specifications.

34. The County must be notified twenty-four (24) hours in advance of delivery. The County reserves the right to deny acceptance of delivery if this notice is not given, at no cost to the County.

35. The County will not accept any deliveries on Saturdays, Sundays or legal holidays, except commodities required for daily consumption or where the delivery is for an emergency.

36. Items shall be securely and properly packed for shipment, storage and stocking in shipping containers and according to accepted commercial practice, without extra charge for packing cases, baling, or sacks.

37. The successful Bidder shall be responsible for delivery of items/equipment in good condition at the point of destination. It shall file with the carrier all claims for breakage, imperfections, and other losses, which will be deducted from invoices. The receiving Department will note for the benefit of the successful Bidder when packages are not received in good condition. The carton shall be labeled with the purchase order or contract number, successful Bidder’s name, and general statement of contents. Failure to comply with this condition shall be considered sufficient reason for refusal to accept the goods.

38. Unless otherwise stated in the specifications, all items/equipment must be delivered to and placed at a point within the buildings directed by the shipping instructions or the County. The successful Bidder will be required to furnish proof of delivery in every instance.

39. Unloading and placing of equipment is the responsibility of the successful Bidder, and the County accepts no responsibility for unloading and placing of equipment. Any costs incurred due to the failure of the successful Bidder to comply with this requirement will be charged to said Bidder. No help for unloading will be provided by the County, and the Bidder should notify its trucker(s) accordingly.

40. The successful Bidder may be requested to acknowledge, in writing, receipt of order.

41. No items are to be shipped or delivered until receipt of an official purchase order from Livingston

County.

GUARANTEES BY THE SUCCESSFUL BIDDER

42. The successful Bidder guarantees:

(a) Its products/equipment against defective material or workmanship and to repair or replace any damages or marring occasioned in transit.

(b) To furnish adequate protection from damage for all work and repair damages of any kind for which it or its workmen are responsible, to the building or equipment, to its own work, or to the work of other successful Bidders.

(c) To carry adequate insurance to protect the County from loss in case of accident, fire, theft, etc.

(d) That the equipment delivered is standard, new, latest model of regular stock product/equipment or as required by the specifications and no attachment or part has been substituted or applied contrary to manufacturer’s recommendations and standard practice.

Every unit delivered must be guaranteed against faulty material and workmanship for a period of at least one (1) year from the date of delivery. If during this period such faults develop, the successful Bidder agrees to replace the unit or the part affected without cost to the County.

Any merchandise/equipment provided under the awarded contract which is or becomes defective during the guarantee-period shall be replaced by the successful Bidder free of charge with the specific understanding that all replacements shall carry the same guarantee as the original equipment. The successful Bidder shall make any such replacement immediately upon receiving notice from the County.

SAVING CLAUSE

43. The successful Bidder shall not be held responsible for any losses resulting if the fulfillment of the terms of the awarded contract shall be delayed or prevented by wars, acts of public enemies, strikes, fires, floods, acts of God, or for any other acts not within the control of the successful Bidder and which by the exercise of reasonable diligence it is unable to prevent.

GOVERNING LAWS & RULES

44. Section 167b of the State Finance Law prohibits the purchase of tropical hardwood products. Any bid which includes products containing tropical hardwoods shall be deemed non-responsive.

Exceptions shall be from an approved source or sole source where no approved equal is available.

45. The successful Bidder shall comply with all Federal, State, and local laws, rules, and regulations, and any amendments and additions thereto, that pertain to municipalities and municipal contracts, including but not limited to the Labor Law, General Municipal Law, Workman’s Compensation Law, Lien Law, Personal Property Law, State Unemployment Insurance Law, Federal Social Security Law, and Public Health Law, insofar as the same shall be applicable to any contract awarded hereunder with the same force and effect as if set forth at length herein.

46. Every bid or proposal hereafter made to a political subdivision of the state or any public department, agency or official thereof where competitive bidding is required by statute, rule regulation or local law, for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed by the Bidder and affirmed by such Bidder as true under the penalties of perjury: Non-collusive Bidding Certification.

(a) By submission of this bid, each Bidder and each person signing on behalf of any Bidder 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 his/her knowledge and belief:

i. The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreements for the purpose of restricting competition, as to any matter relating to such prices with any other Bidder with any competitor;

ii. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to opening, directly or indirectly, to any other Bidder or to any competition; and

iii. No attempt has been made or will be made by the Bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition.

(b) A bid shall not be considered for award nor shall be made where (a) (i) (ii) and (iii) above have not been complied with; provided however, that if in any case the Bidder cannot make the foregoing certification, the Bidder shall so state and shall furnish with its bid a signed statement which sets forth in detail the reasons therefor.

47. The fact that a Bidder has:

(a) published price lists, rates or tariffs covering items being procured;

(b) informed prospective customers of proposed or pending publication of new or revised price lists for such items; or

(c) sold the same items to other customers at the same prices being bid, does not constitute, without more, a disclosure within the meaning of Section 46.

48. All Bidders must comply with provisions of the Toxic Waste Right To Know Law and provide the

County with any and all information as required by law. All regularly manufactured stock electrical items must bear the label of the Underwriters Laboratories, Inc.

49. Bidders must complete attached Livingston County forms which include Appendices A, B and C.

These forms must be submitted with each proposal.

ADDENDA AND INTERPRETATIONS

50. No verbal interpretations of the intent of any of the specifications or other contract documents will be made before receipt of bids. Questions regarding the Bidding Documents are to be emailed to Ashley Scutt, Purchasing Director, at ashleyscutt@livingstoncountyny.gov no later than 12:00 PM on September 16, 2025. Only written Requests for Information will be accepted. The questions received and all answers will be sent to all in receipt of the Bidding Documents no later than 4:00 PM on September 18, 2025. If necessary, an addendum to the Bidding Documents will be issued. All addenda so issued shall become part of the Bidding Documents.

51. Failure of any Bidder to receive any Addenda shall not relieve such Bidder from any obligation under this bid as submitted. All Addenda so issued shall become a part of the Bidding Documents.

QUALIFICATIONS OF BIDDERS

52. The County reserves the right to make such investigation as it may deem necessary or advisable to determine any Bidder’s ability to do the work, and the Bidder shall furnish to the County, on request, all data and information pertinent thereto. The County reserves the right to reject any bid if such investigation fails to satisfy the County that the Bidder is fully qualified to do the work. Financial instability of a Bidder may be cause for non-award.

53. Conditional bids will be considered informal and will be rejected.

mailto:ashleyscutt@livingstoncountyny.gov

BID SPECIFICATIONS & INSTRUCTIONS TO BIDDERS

Livingston County is seeking sealed bids for the purchase of one (1) new enclosed trailer for use by the Livingston County Sheriff’s Office, 4 Court Street, Geneseo, New York 14454. The trailer will be used to haul four motorcycles.

The County will make the awarded contract available to all municipalities, subject to eligibility under state law. The successful Bidder can provide substantially the same goods/equipment/services under the same terms and conditions detailed in this bid, provided it is permitted by law and the requesting municipality makes its own payment arrangements. The Bidder may not increase the price on the contract but may negotiate a reduction. Livingston County is not responsible for determining a municipality’s ability to piggyback, and that right is reserved exclusively to local counsel. Although extension of the contract to additional municipalities is an option for the successful Bidder, providing the materials/equipment/service is a priority for the County.

SCOPE OF WORK

The following specifications, or the equivalent, are meant to be the minimum requirements of a new enclosed trailer to be purchased by the Livingston County Sheriff’s Office. Data shall be submitted with the bid in sufficient detail to enable the County to determine whether the proposed trailer complies with the intent of the specifications hereinafter set forth. Deviations from specifications must be listed in order to be considered.

Where a definite brand or manufacturer is specified, it is not the intention of the County to discriminate against any "approved equal", but is intended that a definite quality level be established. The determination as to whether an alternate product is or is not equal shall be made by the County.

Sufficient information must be submitted with each bid to allow Livingston County to determine if the product is acceptable and meets the needs of the County. Final determination shall be made by the County.

Trailer Specifications:

• All Aluminum enclosed car hauler

• 8.5’ wide x 22’ length

• 20’ with a 2’ V nose

• 78” height

• 16” on center wall / roof construction

• Self-mating rear ramp door with piano hinge

• 3500# torsion axles with brakes

• 7000# GVWR

• 2-5/16” ball coupler

• 24” stone guard on V nose

• Stainless steel door bars

• 36”x68” side door with RV latch

• 3/4” wood floor

• 3/8” wall liner

• Rear drop leg stabilizers

• Rear spoiler with lights

• Gloss black screwless exterior panels

• No show beavertail

• 2000# top wind A frame jack with pad

• Polished fenders

• Aluminum wheels

• 7-way trailer connection

• NYS trailer safety inspection

PERFORMANCE ABILITY

The successful Bidder must be prepared, if requested, to furnish evidence, including documentary evidence where deemed necessary, to establish proof of financial responsibility and ability to perform the contract if awarded. The County reserves the right to reject any bid if such investigation fails to satisfy the County that the Bidder is fully qualified to do the work. Financial instability of a Bidder may be cause for non-award.

METHOD OF AWARD

This bid will be awarded to the lowest responsible Bidder in the best interest of the County.

In the event the successful Bidder, during the term of the contract, fails to meet the specifications of the contract or fails to perform its obligations under the contract in a manner satisfactory to the County, the County shall notify the successful Bidder in writing of the specific deficiencies. If the successful Bidder fails to correct the deficiencies within fifteen (15) days of receiving the notice of deficiencies, the County, at its sole option, may terminate the contract. Notices shall be sent by certified mail to the successful Bidder at the address identified by the Bidder for receiving official communications.

AWARD OF BID

Award will be made within forty-five (45) days after the opening of the bids and prices shall remain firm for this period of time or until the bid expires.

DELIVERY

Delivery of items/equipment/materials shall be made F.O.B. Livingston County Sheriff’s Office. An order confirmation must be provided by the successful Bidder by phone or e-mail. Delivery charges must be included in the bid price.

The successful Bidder must protect the trailer from damage during transit and storage. The successful Bidder shall bear all costs of packaging, transportation, insurance, special handling and any other costs associated with shipment and delivery. The trailer will be delivered F.O.B. to the specified point of destination. The successful Bidder shall provide at least fifteen (15) days' notice before shipment of the anticipated delivery date and at least twenty-four (24) hours' notice by telephone prior to the anticipated hour of delivery. The successful Bidder will be responsible and bear all costs for unloading the trailer from the transport carrier. The County will inspect the trailer for damage at the time of delivery. In the event of the delivery of damaged or nonconforming components/equipment, the County will notify the Bidder as soon as possible and the Bidder shall replace damaged or nonconforming components/equipment with conforming components/equipment that are acceptable to the County. The Bidder must arrange for and pay for the return shipment of damaged or nonconforming components/equipment.

BID CONDITIONS & INFORMATION

The Bid Pricing Form shall be completed, signed and returned as part of all bid submissions. The Bid Proposal Form, Non-Collusion Certificate and Livingston County Appendices A, B, C, and D must be signed and returned with all bid submissions.

The pricing submitted shall be exclusive of Federal and State taxes and must not include any tax for which the responding Bidder may claim exemption because of doing business with the County.

Livingston County is a tax-exempt entity.

PLEASE SUBMIT ALL PROPOSALS TO:

Office of the Livingston County Administrator Livingston County Government Center 6 Court Street, Room 302 Geneseo, New York 14454

Please mark on lower left-hand corner of envelope: “Sheriff’s Trailer Bid”.

BID PRICING FORM

YEAR, MAKE & MODEL OF PROPOSED

TRAILER:

TOTAL BID PRICE including delivery:

ANTICIPATED DELIVERY DATE:

Is trailer to be provided exactly as requested?

Include specification sheet/product brochures for all proposed items/equipment/materials.

If other than requested (an equivalent) please indicate below.

Use the space below to give any additional information or comments regarding your bid:

BID PROPOSAL

The undersigned proposes to complete the required project as set forth in the enclosed bid. The successful Bidder shall be obligated to furnish said materials/equipment/services at the price set forth in its proposal. The successful Bidder shall be the person or corporation submitting the lowest responsible bid meeting all specifications.

Please print all information other than the authorized signature.

FIRM ADDRESS

SIGNATURE NAME/ TITLE

DATE TELEPHONE

E-MAIL

NON-COLLUSION BIDDING CERTIFICATE

By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party there to certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief:

l. The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor;

2. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; and

3. No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit, a bid for the purpose of restricting competition.

In compliance with this invitation for bids, and subject to the conditions thereof, the undersigned offers and agrees, if this bid is accepted within (30) thirty days from the date of opening, to furnish any and all of the items upon which prices are submitted.

FIRM NAME ADDRESS

SIGNATURE NAME / TITLE

DATE TELEPHONE

APPENDIX A

The parties to the attached contract, license, lease, amendment or other agreement of any kind (hereinafter "the contract" or "this contract") agree to be bound by the following clauses which are hereby made a part of the contract. The word "Contractor" herein refers to any party to the contract, other than the County of Livingston (herein after "County").

I. NON-ASSIGNMENT CLAUSE. In accordance with Section 109 of the General Municipal Law, this contract may not be assigned by the contractor or its right, title or interest there in assigned, transferred, conveyed, sublet or otherwise disposed of without the previous consent, in writing, of the County and any attempts to assign the contract without the County’s written consent are null and void.

II. WORKER'S COMPENSATION BENEFITS. In accordance with Section 108 of the General

Municipal Law, this contract shall be void and of no force and effect unless the Contractor shall provide and maintain coverage during the life of this contract for the benefit of such employees as are required to be covered by the provisions of the Workers' Compensation Law.

III. NON-DISCRIMINATION REQUIREMENTS. In accordance with Article 15 of the Executive

Law (also known as the Human Rights Law) and all other State and Federal statutory and constitutional non-discrimination provisions, the Contractor will not discriminate against any employee or applicant for employment because of age, creed, race, color, sex, sexual orientation, national origin, marital or familial status, disability, military status, domestic violence victim status, criminal or arrest record, or predisposing genetic characteristics. Furthermore, in accordance with Section 220-e of the Labor Law, if this is a contract for the construction, alteration or repair of any public building or public work or for the manufacture, sale or distribution of materials, equipment or supplies, and to the extent that this contract shall be performed within the State of New York, Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed, color, disability, sex or national origin: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. If this is a building service contract as defined in Section 230 of the Labor Law, then, in accordance with Section 239 thereof, Contractor agrees that neither it nor its subcontractors shall, by reason of race, creed, color, national origin, age, sex or disability: (a) discriminate in hiring against any New York State citizen who is qualified and available to perform the work; or (b) discriminate against or intimidate any employee hired for the performance of work under this contract. Contractor is subject to fines of $50.00 per person per day for any violation of Section 220-e or Section 239 as well as possible termination of this contract and forfeiture of all moneys due hereunder for a second or subsequent violation.

IV. WAGE AND HOURS PROVISIONS. If this is a public work contract covered by Article 8 of the

Labor Law or a building service contract covered by Article 9 thereof, neither Contractor's employees nor the employees of its subcontractors may be required or permitted to work more than the number of hours or days stated in said statute, except as otherwise provided in the Labor Law and as set forth in prevailing wage and supplement schedules issued by the State Labor Department. Furthermore, Contractor and its subcontractors must pay at least the prevailing wage rate and pay or provide the prevailing supplements, including the premium rates for overtime pay, as determined by the State Labor Department in accordance with the Labor Law.

V. NON-COLLUSIVE BIDDING REQUIREMENT. In accordance with Section 103-d of the General

Municipal Law, if this contract was awarded based upon the submission of bids, Contractor warrants, under penalty of perjury, that its bid was arrived at independently and without collusion aimed at restricting competition. Contractor further warrants that, at the time Contractor submitted its bid, an authorized and responsible person executed and delivered to the County a non-collusive bidding certification on Contractor's behalf.

VI. SET-OFF RIGHTS. The County shall have all of its common law and statutory rights of set-off.

These rights shall include, but not be limited to, the County's option to withhold for the purposes of set-off any moneys due to the Contractor under this contract up to any amounts due and owing to the County with regard to this contract.

VII. RECORD-KEEPING REQUIREMENT. The Contractor shall establish and maintain complete and accurate books, records, documents, accounts and other evidence directly pertinent to performance under this contract for a period of six (6) years following final payment or the termination of this contract, whichever is later, and any extensions thereto. The County Treasurer or County Administrator or any other person or entity authorized to conduct an examination, as well as the agency or agencies involved in this contract, shall have access to such books, records, documents, accounts and other evidential material during the contract term, extensions thereof and said six (6) year period thereafter for the purposes of inspection, auditing and copying. "Termination of this contract", as used in this clause 10, shall mean the later of completion of the work of the contract or the end date of the term stated in the contract.

VIII. MEDICAID/MEDICARE COMPLIANCE. If this contract involves the provision of services and/or materials, any portion of the cost of which will be billed to the Federal or New York State Medicare or Medicaid health care programs, the Contractor certifies that the Contractor, and all employees, directors, officers and subcontractors of the Contractor, are not “excluded individuals or entities” under Federal and/or New York State Medicare or Medicaid statutes, rules and regulations. The Contractor agrees to screen all employees, directors, officers and subcontractors on a monthly basis at the New York State Office of Medicaid Inspector General website, and any other website required by Federal and/or New York State Medicare or Medicaid statutes, rules and regulations, to determine if any of them are on or have been added to the exclusion list. The Contractor shall promptly notify the County if any employee, director, officer or subcontractor is on or has been added to the exclusion list. The County reserves the right to immediately cancel this contract, at no penalty to the County, if any employee, director, officer or subcontractor is on or has been added to the exclusion list. Furthermore, the Contractor agrees to indemnify the County for any damages or loss incurred by the County based upon the Contractors failure to comply with these conditions or based upon any false certification under this section.

IX. CONFLICTING TERMS. In the event of a conflict between the terms of the contract (including any and all attachments thereto and amendments thereof) and the terms of this Appendix A, the terms of this Appendix A shall control.

X. GOVERNING LAW. This contract shall be governed by the laws of the State of New York except where the Federal supremacy clause requires otherwise.

XI. SEXUAL HARASSMENT COMPLIANCE CERTIFICATION. The Contractor hereby certifies that its organization has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees. Said policy and training, at a minimum, meets the requirements of Section 201-g of the New York State Labor Law. By signing this Appendix, the Contractor certifies its organization is in full compliance with the mandates of the New York State Sexual Harassment Compliance Law.

XII. NO ARBITRATION AND SERVICE OF PROCESS. Disputes involving this contract, including the breach or alleged breach thereof, may not be submitted to binding arbitration (except where statutorily authorized) but must, instead, be heard in a court of competent jurisdiction of the State of New York. All actions shall be venued in Livingston County. Contractor hereby consents to service of process upon it by registered or certified mail, return receipt requested.

XIII. BUDGETED FUNDS. This contract is executory only to the extent of funds available and the County shall incur no liability beyond the funds appropriated therefore.

XIV. APPROVAL OF BOARD OF SUPERVISORS. This contract is subject to and conditioned upon approval by the Livingston County Board of Supervisors.

XV. INCORPORATION. The main contract contains a paragraph incorporating the terms of this appendix by reference and the parties herein have further signed and dated this appendix.

Livingston County

Contractor (Signature of Authorized Official Required)

APPENDIX B

The parties to the attached contract, license, lease, amendment or other agreement of any kind (hereinafter "the contract" or "this contract") agree to be bound by the following clauses which are hereby made a part of the contract. The word "Contractor" herein refers to any party to the contract, other than the County of Livingston (herein after "County").

I. The County shall have the right to postpone, suspend, abandon or terminate this contract, and such actions shall in no event be deemed a breach of contract. In the event of any termination, postponement, delay, suspension or abandonment, the Contractor shall deliver to the County all data, reports, plans, or other documentation related to the performance of this contract, including but not limited to guarantees, warranties, as-built plans and shop drawings. In any of these events, the County shall make settlement with the Contractor upon an equitable basis as determined by the County, which shall fix the value of the work which was performed by the Contractor prior to the postponement, suspension, abandonment or termination of this contract.

This clause shall not apply to this contract if the contract contains other provisions, exclusive of termination date, applicable to postponement, suspension or termination of the contract.

II. The Contractor agrees that it will indemnify and save harmless the County from and against all losses from claims, demands, payments, suits, actions, recoveries and judgments of every nature and description brought or recovered against it by reason of and to the extent of any negligent omission or act of the contractor, its agents, employees, or subcontractors in the performance of this contract.

This indemnification shall include all costs and disbursements incurred by the County in defending any suit, including attorneys' fees. Furthermore, at the option of the County, the Contractor shall provide defense for and defend all claims, demands and causes of action referred to above, and bear all other costs and expenses related thereto. The Contractor shall not be required to indemnify the County for any damage or loss arising out of the negligence or willful misconduct of the County, it’s agents or employees.

III. A. The Contractor warrants that to the best of the contractor's knowledge and belief, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest, as herein defined, or that the Contractor has disclosed all such relevant information to the County.

B. An organizational conflict of interest exists when the nature of the work to be performed under this contract may, without some restriction on future activities, either result in an unfair competitive advantage to the Contractor or impair the Contractor's objectivity in performing the work for the County.

C. The Contractor agrees that if an actual or potential organizational conflict of interest is discovered after award, the contractor will make a full disclosure in writing to the County. This disclosure shall include a description of actions which the Contractor has taken or proposes to take, after consultation with the County, to avoid, mitigate, or minimize the actual or potential conflict.

D. Remedies - The County may terminate this contract in whole or in part, if it deems such termination necessary to avoid an organizational conflict of interest. If the Contractor was aware, or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant information to the County, the County may terminate the contract, or pursue such other remedies as may be permitted by the law or this contract.

The terms of Clause I of this Appendix B or other applicable contract provision regarding termination shall apply to termination by the County pursuant to this clause.

E. The Contractor further agrees to insert in any subcontract hereunder, provisions which shall conform to the language of this clause.

IV. All requests for payment by the Contractor must be submitted on forms supplied and approved by the County. Each payment request must contain such items of information and supporting documentation as required by the County, and shall be all inclusive for the period of time covered by the payment request.

V. To the extent that federal funds are provided to the Contractor under this contract, the

Contractor agrees that it will comply with all applicable federal laws and regulations, including but not limited to those laws and regulations under which the Federal funds were authorized.

The Contractor further agrees to insert in any subcontract hereunder, provisions which shall conform substantially to the language of this clause, including this paragraph.

VI. The Contractor shall have the status of an independent contractor, and in accordance with such status, agrees that it will conduct itself in a manner consistent with such status, and that it will neither hold itself out as, nor claim to be, an officer or employee of the County by reason of this contract. It further agrees that it will not make against the County any claim, demand or application to or for any right or privilege applicable to an officer or employee of the County, including but not limited to worker's compensation coverage, unemployment insurance benefits, social security coverage, or retirement membership or credit.

VII. In the event of a conflict between the terms between this Appendix B and the terms of the

Contract (including any and all attachments thereto and amendments thereof, but not including Appendix A), the terms of this Appendix B shall control. In the event of a conflict between the terms of this Appendix B and Appendix A, the terms of Appendix A shall control.

VIII. The main contract shall contain a paragraph incorporating the terms of this appendix by reference and the parties therein shall further sign and date this appendix.

Livingston County

APPENDIX C

LIVINGSTON COUNTY STANDARD CONTRACT INSURANCE REQUIREMENTS

I. Notwithstanding any terms, conditions or provisions, in any other writing between the parties, the contractor/permittee hereby agrees to effectuate covering the County of Livingston as an unrestricted additional insured on the contractor's/permittee's insurance policies, with the exception of workers' compensation. The contractor/permittee must provide an additional insured endorsement. A statement on the contractor/permittee’s insurance certificate that the County of Livingston is an additional insured is not sufficient. The form of the additional insured endorsement must be approved by the Livingston County Attorney.

II. The policy naming the County of Livingston as an additional insured shall:

• be an insurance policy from an A.M. Best rated "secured" New York State licensed insurer;

• state that the organization's coverage shall be primary coverage for the County of Livingston, its Board, employees and volunteers. Any insurance or self-insurance as maintained by the County of Livingston shall be in excess of the contractor’s insurance, and shall not contribute with it.

III. The contractor/permittee agrees to indemnify the County of Livingston for any applicable deductibles or self-insurance reserves.

IV. Required Insurance:

• Commercial General Liability Insurance, including Completed Operations Coverage for construction contracts $1,000,000 per occurrence/ $2,000,000 aggregate per project.

• Automobile Liability

$1,000,000 combined single limit for owned, hired and borrowed and non-owned motor vehicles.

• Workers' Compensation Statutory Workers' Compensation and Employers' Liability Insurance for all employees.

V. The contractor/permittee is to provide the County of Livingston with a certificate of insurance, evidencing the above requirements have been met, prior to the commencement of work or use of facilities and upon each renewal thereafter. Contractor/permittee or its insurance carrier(s) shall provide the County of Livingston with thirty (30) days prior written notice of cancellation, reduction of insurance or material coverage change of the required insurance policies. Such notice shall be mailed to the Livingston County Attorney, Livingston County Government Center, Room 302, 6 Court Street, Geneseo, New York 14454 and shall include the date and subject matter of the original contract. Contractor/permittee acknowledges that failure to obtain such insurance on behalf of the County of Livingston, or the failure to provide such notices, constitutes a material breach of contract and subjects it to liability for damages, indemnification and all other legal remedies available to the County of Livingston, including termination of the contract. The failure of the County of Livingston to object to the contents of the certificate or the absence of same shall not be deemed a waiver of any and all rights held by the County of Livingston.

VI. If at any time any of the policies required herein shall be or become unsatisfactory to the County, as to form or substance, or if a company issuing any such policy shall be or become unsatisfactory to the county, the contractor shall upon notice to that effect from the County, promptly obtain approval and submit a certificate thereof.