2025 Security Control Operating System RFP.pdf

Livingston County

REQUEST FOR PROPOSALS

LIVINGSTON COUNTY JAIL

SECURITY CONTROL OPERATING SYSTEM

June 25, 2025

Office of the Livingston County Administrator

Livingston County Government Center

6 Court Street, Room 302

Geneseo, New York 14454

Proposals due : July 24, 2025 by 10:00AM

REQUEST FOR PROPOSALS

2025-24

(1) INTRODUCTION

The Livingston County Sheriff’s Office is soliciting proposals for the installation, implementation, support and maintenance of a jail security controls operating system at the Livingston County Jail located at 4 Court Street, Geneseo, New York 14454.

A site visit will be held on July 9, 2025 at 10:00 AM at 4 Court Street, Geneseo, NY 14454.

Please register by emailing Chief Deputy Galvin at aarongalvin@livingstoncountyny.gov

Vendors are strongly encouraged to attend.

(2) SCOPE OF WORK AND SOFTWARE SPECIFICATIONS

The following outlines the minimum required features and functions of the software and hardware for an operating system to integrate with and control the existing Vicon Valerus cameras, RFD/dual authenticator card door operations, elevators and intercoms at the Livingston County

Jail, as well as the specifications for the installation, implementation, support and maintenance of the system. The items listed should be addressed in a narrative format in sufficient detail within the proposal to explain how each will be structured and accomplished.

General Scope of Work:

• The existing control system shall be removed and replaced with new touchscreen control stations.

• Each touchscreen control station shall be equipped with one or more 32" LCD monitors with CCTV video review capability.

• New security and utility servers shall be provided, along with a new report generator workstation.

• All new computers shall be equipped with the latest supported Windows Operating System

(OS).

• The existing locking headend equipment, including programmable logic controllers (PLCs) shall be removed and replaced with new PLCs, locking relays and terminal blocks.

• Existing operational intercom headend equipment shall be replaced with new Harding IP-based intercom and paging headend equipment.

• A new Harding IP intercom master station shall be provided at each new touchscreen control station.

• The existing CCTV system and Valerus video recording and management system will be reused and an interface between the Valerus system and the touchscreen control system shall be provided for integration of video call-up.

• The existing GL Networks access control system shall be reused and integrated with the touchscreen control system via an interface.

• Utility control comparable to that of the existing system should be provided.

• Existing field devices (e.g., door locks, door position switches, intercoms, etc.) that are already integrated into the security control system shall be reused and integrated into the new touchscreen control system.

• Network switches and other network components shall be provided as required to support new control and ensure compatibility with the latest supported Windows OS.

Locking Control System:

• Existing control workstations at all existing locations shall be removed. Existing control system headend equipment from the associated equipment rooms shall also be removed.

• Furnish and install seven (7) Touchscreen Control Stations, as follows:

o Two (2) Dual 32" Touchscreen Control Stations for Central Control (Room B413).

mailto:aarongalvin@livingstoncountyny.gov o Five (5) Single 32" Touchscreen Control Stations, one for Booking Control (Room

A103), Officer Station A136, Officer Station A242. Officer Station A442

Temporary Control (Room B438).

o Each touchscreen workstation shall consist of one (1) or more 32" LCD monitors, CPU with the latest supported version of Windows OS, keyboard, mouse, and standalone UPS.

o Workstations with a single monitor shall have a split screen with the left side dedicated to security control of field devices and the right side dedicated to CCTV camera call-up with video streams.

o For workstations having multiple monitors, the primary monitor shall have the split screen functionality, while the secondary monitor shall be dedicated to CCTV camera call-up and video display.

• Furnish and install the following new rack-mounted equipment:

o One (1) security server computer.

o One (1) utility computer/data logger.

o One (1) VPN appliance for remote diagnostics and troubleshooting via the Internet.

o One (1) KVM switch and cables.

o One (1) network time synchronization appliance to synchronize time across all networks.

• Furnish and install new PLC headend with new locking control relays and terminal blocks to provide locking control and/or annunciation of the following:

o One hundred thirty three (133) existing controlled and monitored swing doors.

o One hundred forty three (143) existing controlled and monitored slider doors.

o Ten (10) exiting controlled and monitored roll-up doors/gates.

o Four (4) existing vehicle detector loops.

• Furnish and install the following new infrastructure/components as needed to include the following items:

o One (1) lot gigabit Ethernet switches, patch panels, jacks, patch cables and fiber optic transmission equipment as required for a complete Locking Control Network.

o One (1) lot miscellaneous power supplies, power strips, fuses, terminal blocks, grounding and TVSS equipment required for a complete and operable system.

o One (1) rooftop GPS antenna for use with time sync appliance o One (1 Lot) NEMA-1 floor-standing cabinets and 19" EIA electronic equipment racks required to house Locking System equipment, as required.

o Three (3) rack-mounted UPS units, one in each existing equipment room.

• Furnish and install one (1) report generator workstation equipped with one (1) 23" LCD monitor, CPU with Windows OS, keyboard, mouse, and network printer.

• Provide application software with all server and touchscreen programming necessary to integrate all subsystems listed herein into the new touchscreen control system.

Intercommunications and Paging System:

• Removal of the existing intercom headend equipment and intercom master stations and reuse existing field devices.

• Furnish and install the following new equipment:

o One (1) lot Harding VOIP intercom headend sized as required to provide control and/or annunciation of the Intercom System, including three hundred sixty-three

(363) existing detention intercom stations.

o Seven (7) VOIP Gooseneck Intercom Master Stations.

o One (1) lot paging amplifiers sized as required for one hundred one (101) paging zones.

• Furnish and install the following new infrastructure/components:

o One (1) lot gigabit Ethernet switches, patch panels, jacks, patch cables and fiber optic transmission equipment as required for a complete Intercom and Paging Network.

o One (1) lot miscellaneous power supplies, power strips, fuses, terminal blocks, grounding and TVSS equipment required for a complete and operable system.

o One (1) lot NEMA 1floor-standing cabinets and 19" EIA electronic equipment racks required to house Intercom and Paging System equipment as required.

o Terminate existing field wiring on new intercom and paging headend equipment, as required.

Closed Circuit Television (CCTV) System:

• Reuse existing Vicon CCTV system with Valerus Video Management Software (VMS).

• Provide programming and integration services to establish an interface between the touchscreen system and the Valerus VMS control and annunciation consistent with that of the existing system. There shall be no changes to existing functionality.

Miscellaneous Systems:

• Reuse existing GL Networks access control system, including headend, card readers and proximity cards.

• Provide programming and integration services to establish an interface between the touchscreen system and the access control system to provide control and annunciation consistent with that of the existing system, to include:

o Two hundred seventy five (275) existing card readers.

o Twenty (20) existing Request-to-Exit pushbuttons.

• Furnish and install two (2) new elevator interface panels in existing equipment rooms to provide control of two (2) elevators. Elevator control will be limited to: Door status, door open, floor status, cab direction status and takeover by Central Control.

• Reuse existing duress system components and provide integration with new touchscreen control system for control and/or annunciation of the following:

o Five (5) existing duress pushbuttons.

o Eighty seven (87) existing duress receivers and personal handheld pushbutton duress Transmitters.

Conduit, Cabling, and Power:

• Furnish, install, test and terminate new cabling as required to support a fully operational system. Existing CATS cable shall be reused to the extent possible. New system shall be implemented with separate networks for the vendor’s locking/touchscreen network, the

Valerus CCTV/Digital Video network and the GL network access control network.

• Furnish, install, test and terminate one (1) new RG-58 cable and 3/4" conduit from GPS antenna to time server in the associated equipment room.

• Furnish, install, test and terminate new 20amp/120VAC UPS circuit for new enclosures in each equipment room as required.

• Furnish, install, test and terminate one (1) new CATS network cable (23G, 4-pair UTP) from the new report generator workstation location to the associated equipment room.

• For new touchscreen control stations, reuse existing CATS cable at existing locations to connect new touchscreen workstations to the locking control network.

• Furnish, install, test and terminate one (1) new CATS network cable (23G, 4-pair UTP) from each of the seven (7) new Harding intercom master stations to the associated equipment room.

• Extend cabling between cabinets as required.

• For new conduit and cabling, the following approach shall be taken:

o Above the ceiling and in areas that are not accessible by inmates, plenum-rated cable not run in conduit shall be provided.

o In areas accessible by inmates, plenum-rated cable in exposed EMT conduit shall be provided.

• Provide fire stopping of penetrations of fire-rated floors and walls.

• Reuse all other cabling not specifically addressed herein.

Additional Vendor Responsibilities:

• Provide all hardware, software and ancillary services described in this Scope of Work as required for a complete, satisfactorily operating system.

• Provide programming, engineering, shop drawings, project management, installation, start-up, testing and instruction for all sections described in this Scope of Work.

• Perform all onsite hardware testing to ensure proper peripheral device installation. Existing field devices found to be defective shall be brought to the attention of the County for replacement or repair.

• Load all software for initial testing and perform all software testing to ensure proper operation of the security control system.

• Perform all punch-list corrections as required.

• Provide a one (1) year warranty from date of project completion on vendor furnished hardware and software.

• Provide an experienced Project Manager and Installation Manager to oversee the project.

• Provide a detailed project schedule.

• Provide training related to all new systems/programs for County IT and staff.

Installation and Implementation Requirements:

• Each Responder must detail how it will assist Livingston County ITS staff with the installation of the software.

• Each Responder must detail how it will train Livingston County technical staff and user community on the use and administration of the software and overall system.

Support/Maintenance/Warranty:

• Proposals must include at least five (5) years of support and maintenance.

• Each Responder must include a copy of its standard on-going customer support and maintenance contract with its submission along with variations/enhancements that may apply.

• Each Responder must include a copy of the applicable warranty.

(3) REFERENCES/COMPANY INFORMATION

Each Responder’s proposal must provide the following:

• The history of its company, as well as a description of its professional qualifications, prior experience on similar projects and demonstrated capabilities, including: (a) demonstrated ability to work effectively with other service and system providers (i.e., county government); (b) history of regulatory compliance; (c) fiscal solvency and budget performance; (d) contract compliance; (e) accuracy and timeliness of reporting; (f) management structure and ability to support projects of this scope; and (g) ability to recruit and retain staff and commitment to staff development.

• Identify all personnel assigned to the project (attach resumes).

• Provide a minimum of three (3) references, excluding Livingston County, for similar projects completed and include the contact name, telephone number, date of contract, dollar value of the contract, and a brief description of the project. Specific emphasis should be placed on similar work performed in the previous five (5) years.

The County reserves the right to perform such investigations as may be deemed necessary to ensure competent personnel and management will be utilized in the performance of the contract to be awarded under this RFP. A Responder shall furnish to the County, within five (5) days of request, all such information and data for this purpose. The County reserves the right to reject any proposal if the information submitted by, or investigation of, such Responder fails to satisfy the County that such Responder is properly qualified to carry out the obligations set forth in this RFP and/or the resulting contract and to complete the work contemplated therein. Conditional proposals will not be accepted.

(4) CONTRACT TERM

The County's intent is to secure a contract for a two (2) year period, which may be renewed at the

County’s sole option for three (3) additional one (1) year terms. Either party may terminate the contract without cause upon sixty (60) days advance written notice to the other party.

Contract Approval Process: Responders must be aware that any contract resulting from this RFP is subject to prior approval by the Livingston County Administrator and the Livingston County

Attorney.

(5) QUESTIONS

Questions regarding this RFP and the required services are to be sent to the attention of Ashley

Scutt, Purchasing Director, via e-mail at ashleyscutt@livingstoncountyny.gov, no later than 4:00

PM on July 11, 2025. Only written Requests for Information (RFIs) will be accepted. The questions received and all answers will be sent to all in receipt of the RFP documents no later than

4:00 PM on July 15, 2025.

If necessary, an addendum to the proposal documents will be issued and all addenda so issued shall become part of the RFP documents.

(6) PROPOSAL SUBMISSIONS

Please submit all proposals, one (1) original (unbound) and three (3) copies to:

Office of the Livingston County Administrator

Livingston County Government Center

6 Court Street, Room 302

Geneseo, New York 14454

Please mark in the lower left-hand corner of the envelope: “RFP-Jail Security Controls Operating

System”

The attached Price Proposal Form must be completed, signed and returned with each proposal.

Livingston County Appendices A, B and C must also be signed and returned.

Proposals will be received by the Office of the Livingston County Administrator until 10:00

A.M. on July 24, 2025. All proposals submitted must have original signature and date.

The official time for the receipt of proposals 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.

It is the sole responsibility of Responders to ensure proposals are received in a timely fashion.

Unfortunately, the County is not able to accept proposals via email or fax.

Security procedures are in effect at the Livingston County Government Center. Responders 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. Responders assume the risk of any delay in the mail or in the handling of the mail by County employees. Whether a proposal submission is sent by mail or by means of personal delivery, Responders assume mailto:ashleyscutt@livingstoncountyny.gov responsibility for having their proposals 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 proposals received after the day and time stated will not be considered and will be returned unopened to the Responder.

Livingston County reserves the right to forego any informality and reject any or all proposals.

Livingston County further reserves the right to seek new proposals when such a procedure is reasonably in the best interest of the County to do so.

(7) SUBMISSION CONDITIONS

The proposal submitted by each individual Responder is the document upon which Livingston

County will make its initial judgment regarding the Responder’s qualifications, understanding of the County’s scope of work, objectives and methodology, and ability to perform services under the contract to be awarded pursuant to this RFP.

Those submitting proposals do so entirely at their expense. There is no express or implied obligation by Livingston County to reimburse any firm or individual for any costs incurred in preparing or submitting a proposal, preparing or submitting additional information requested by the County, or for participating in any selection interviews.

Submission of a proposal indicates acceptance of the conditions contained in this RFP.

Proposals will remain valid until the execution of a contract by Livingston County, unless otherwise rejected consistent with this RFP.

Oral, emailed, faxed or telephoned submittals, or modification thereof, will not be accepted.

Livingston County reserves the right to waive any and all informalities and to disregard all nonconforming, non-responsive or conditional proposals. Livingston County reserves the right to reject any or all proposals.

Livingston County may, at any time by written notification to all Responders, change any portion of the RFP described and detailed herein.

(8) GENERAL GUIDELINES

This section of the RFP provides general guidance for preparing proposals. The Responder’s proposal must include all data and information requested by this RFP and must be submitted in accordance with these instructions. Nonconformance with the instructions provided in this RFP may result in an unfavorable proposal evaluation.

The proposal shall be clear, concise and shall include sufficient detail for effective evaluation and for substantiating the validity of stated claims. The proposal should not simply rephrase or restate the RFP requirements, but rather shall provide convincing rationale to address how the Responder intends to meet these requirements. Responders shall assume that the County (1) has no prior knowledge of their facilities and experience, and (2) will base its evaluation on the information presented in the Responders’ proposals.

All submitted proposals become the property of Livingston County.

Proposed Plan

In a narrative format, describe in detail how the project will be structured explaining how each of the requirements of the scope of work and other tasks will be accomplished. Include any other additional services, enhancements and/or options that will be provided to the County.

Explain what steps will be necessary to implement the software and offered services.

Describe what information will be provided to the County effectively capturing required data.

Attach samples of all reports to be used.

Describe the plan to work with the County.

Detail methods to be employed which will result in cost savings for the County. Give examples and where possible provide a realistic estimate of cost savings.

Include any additional services or information seen beneficial to this project that the evaluation committee should consider.

Proposed Fee Schedule

A proposed fee schedule for each element of the scope of work described herein must be submitted as part of each response. The fee schedule supplied must include all items of labor, materials, travel, equipment and other costs necessary to fully implement and complete the project.

Responders must provide the process for identification of and billing for any services that are not within the scope of their proposal.

(9) SELECTION CRITERIA

Evaluation Committee: Selected personnel from Livingston County will form the evaluation committee for this RFP. It will be the responsibility of this committee to evaluate all properly prepared and submitted proposals for the RFP and make a recommendation for award.

Evaluation and Selection Criteria: All properly prepared and submitted proposals shall be subject to evaluation deemed appropriate for the purpose of selecting the Responder with whom a contract may be signed. Evaluation of the proposals will consider several factors, each of which has an impact on the relative success of the Responder to provide the services as outlined in Section

2 of the RFP. Responses to this RFP will be evaluated according to the following criteria:

Selection Criteria Total

Possible

Points

Responsiveness of the proposal in clearly demonstrating an understanding of the RFP and the scope of services.

Responder’s approach to this engagement as supported by the quality, depth, and completeness of the submitted work plan.

Responder’s qualifications, experience, and capacity to perform, as well as completeness of the Responder’s profile.

Cost of proposal. 35

Total 100

Award will be made to the Responder whose total proposal, in the opinion of Livingston County, best meets the criteria established herein. All aspects of evaluation will be taken into consideration in awarding this contract.

Reservation of Rights

The County reserves the right to refuse any and all proposals, in part or in their entirety. The

County is not committed, by virtue of this RFP, to award a contract or to procure or contract for services. The proposals submitted in response to this request become the property of the County.

If it is in its best interest to do so, the County reserves the right to:

• Make selections based solely on the proposals or negotiate further with one or more

Responders. The Responder selected will be chosen on the basis of greatest benefit to the

County as determined by the evaluation committee.

• Negotiate contracts with the selected Responder(s).

• Award a contract to more than one Responder for any portions of the service specifications.

(10) INTERVIEWS

If the evaluation committee determines necessary, interviews may be scheduled with selected

Responders as soon as possible after the initial evaluation. This will permit further evaluation and allow the evaluation committee to inquire further into the experience the Responders have had on similar projects, their willingness and ability to work closely with Livingston County staff and others, their understanding of the various aspects of the requirements, and their ability to maintain a schedule and complete the services on time and other matters deemed pertinent.

(11) ALTERNATE PROPOSALS

Livingston County reserves the right to consider alternatives submitted by Responders that provide enhancements beyond the RFP requirements. Proposal alternatives may be considered if deemed to be in the best interest of Livingston County. Responders shall clearly identify and explain in detail where such alternatives deviate from or qualify the terms of the proposal and specifications as issued.

(12) RESPONDER-COUNTY COOPERATION

In the event the successful Responder, 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 Responder in writing of the specific deficiencies. If the successful Responder 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. Such deficiency notice shall be sent by certified mail to the successful Responder at the address identified by the Responder for receiving official communications.

Either party may terminate the contract without cause upon thirty (30) days advance written notice to the other party.

The successful Responder and the County understand and agree that in a case where there is a question and/or a violation of the interpretation of the terms of the contract and any plans or specifications incorporated therein, the County does expressly have the right to determine which will control, said decision to be in every case binding and final.

(13) INSURANCE

The successful Responder shall, at its own expense, maintain in effect at all times during the performance of the work under the awarded contract at least the insurance coverage specified in

Appendix C.

(14) DISQUALIFICATION

The County reserves the right to refuse to issue an award to a Responder that fails to comply with any pre-qualification regulations of the County, if any such regulations or requirements are cited or otherwise included in this RFP.

Proposals received from Responders who have previously failed to complete contracts within the time required or who have previously performed similar work in an unsatisfactory manner may be rejected. A proposal may be rejected if the Responder cannot show it has the necessary ability, resources and qualified employees to commence the work at the time prescribed and thereafter to perform and complete the work at the rate or within the time specified. A proposal may be rejected if the Responder is already obligated for the performance of other work that would delay the commencement, performance or completion of the work described in this RFP.

(15) FREEDOM OF INFORMATION

The Responder agrees to comply with the Freedom of Information Law (FOIL) and such rules and regulations as the County and the State may from time to time make, including, but not limited to, such rules as may be devised governing access to public documents pursuant to Article 6 of the

Public Officers Law, popularly known as the Freedom of Information Law.

Proposals submitted in response to this RFP shall be considered public documents and, with limited exceptions, all proposals, including proposals that are recommended for award, will be available for inspection and copying by the public.

If a Responder considers any portion of its proposal to be protected under the law, the Responder shall clearly and distinctly identify each such portion with words such as "CONFIDENTIAL, “or

“PROPRIETARY". If a request is made for disclosure of such portion, Livingston County will determine whether the material should be made available under the law. If the material is not exempt from public disclosure, Livingston County will notify the Responder of the request and allow the Responder five (5) days to take whatever action it deems necessary to protect its interests.

If the Responder fails or neglects to take such action within said period, Livingston County will release portions of the proposal deemed subject to disclosure. By submitting a proposal, the

Responder assents to the procedure outlined in this paragraph and shall have no claim against

Livingston County on account of actions taken under such procedure.

(16) SUSPENSION AND DEBARMENT

By submitting a proposal in response to this RFP, each Responder warrants that neither it nor any of its officers, employees, subcontractors, or agents are excluded or in any other manner barred from doing business with any federal, state, or local agency, municipality, or department. Any misrepresentation or false statement related to a Responder’s status in this regard will result in rejection of such Responder’s submission.

In addition, if the successful Responder or any of its officers, employees, subcontractors, or agents become excluded or barred in any manner from doing business with any federal, state, or local agency, municipality, or department, during the period in which goods and/or services are provided pursuant to this RFP, the successful Responder agrees to immediately notify the County Attorney of such status. Any misrepresentation or false statement related to the successful Responder’s status in this regard, or any failure by the successful Responder to immediately notify the County

Attorney of any change in such status, shall result in immediate termination of the County’s business relationship with the successful Responder in addition to such other remedies as may be provided by law, in equity, pursuant to the terms and conditions of this RFP document, or the conditions of the contract, if any, resulting from this RFP.

(17) IMPLIED REQUIREMENTS

Products and services which are not specifically requested in this RFP, but which are necessary to provide a complete program/project as described herein, shall be included in the submitted proposal.

(18) OTHER

All instructions, terms and conditions contained in the specifications and the Price Proposal Form must be met in order to qualify for consideration of award. Any proposal which does not meet those conditions will be deemed non-responsive and rejected.

Omissions, deletions, and/or deviations from the specifications will not be allowed. Responders must describe their plans and approaches in sufficient detail to permit the County to evaluate the proposal fairly and with minimum misinterpretation.

Submission of any proposal indicates acceptance of the conditions contained in this RFP document.

The County hereby reserves the absolute right to reject any and all proposals received hereunder without prejudice to itself.

(19) SUBMISSION CHECKLIST

Responders are encouraged to use the following checklist to ensure they are submitting a complete proposal.

One (1) original (unbound) and three (3) copies of the entire proposal must be submitted, including:

Proposed work plan meeting the requirements of Section 2.

Company information meeting the requirements of Section 3.

Detailed Fee Schedule meeting the requirements of Section 8.

Signed Price Proposal Form.

Signed Appendices A, B and C.

Insurance documentation meeting the requirements of Appendix C.

All other requirements referenced in this RFP.

Responders who do not provide this information in their proposal may be eliminated from further evaluation.

PRICE PROPOSAL FORM

A detailed fee schedule must be attached. The fee schedule supplied will include all items of labor, materials, travel, equipment and other costs necessary to fully complete the project/provide the services.

The undersigned proposes to complete the required project as set forth in the enclosed RFP document. The successful Responder shall be obligated to furnish said services at the price set forth in their proposal.

Please print all information other than the authorized signature.

FIRM ADDRESS

SIGNATURE NAME/ TITLE

DATE TELEPHONE

E-MAIL

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.

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.

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 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. Upon failure of the contractor to furnish, deliver, and maintain such insurance, the Agreement, at the election of the County, may be declared suspended, discontinued or terminated. Failure of the contractor to take out, maintain, or the taking out or maintenance of any required insurance, shall not relieve the contractor from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the contractual obligations of the contractor concerning indemnification. All property losses shall be made payable to and adjusted with the

County.

In the event that claims, for which the county may be liable, in excess of the insured amounts provided herein are filed by reason of any operations under the Agreement, the amount of excess or such claims or any portion thereof, may be withheld from payment due or to become due the…