202508 State _ Federal Govt Relations Services.pdf

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AMHERST, NEW YORK 14221 RFP NO. 202508

REQUEST FOR PROPOSAL

#202508

State & Federal Government Relations Services

Vendor proposals will be accepted until:

Thursday, September 25, 2025 at 3:00 PM

Four (4) sealed copies and one (1) electronic copy of the proposal are required.

All copies may be placed in one sealed envelope.

In addition, please submit three (3) original sets of any documentation that requires your signature. EACH page requiring a signature, must be an original signature, and must be signed in BLUE INK.

Please submit to:

By Mail: In Person:

Town of Amherst Amherst Town Hall Contract Compliance & Administration Dept. 5583 Main St.

5583 Main Street Williamsville, NY 14221 Williamsville, New York 14221 Place bids in box on 2nd floor near front entrance

Mark on lower left-hand corner of envelope:

RFP #202508 State & Federal Government Relations Services Due Date: 9/25/2025 by 3:00 P.M.

Submitted by: (Firm information)

Following EXHIBITS are attached to and made a part of the bid specifications, and part of any agreement entered into pursuant to this Request for Proposal:

X EXHIBIT "A" - Assignment of Public Contracts N/A EXHIBIT "D" - Bid Bond (Formal Bid) 5% X EXHIBIT "F" - Agreement Addendum X EXHIBIT "G" - Non-Collusive Bidding Certification X EXHIBIT “I” - Certification of Compliance with the Iran Divestment Act N/A EXHIBIT "P" & EXHIBIT "PBI" - Performance Bond 100%

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AMHERST, NEW YORK 14221 RFP NO. 202508

NOTICE TO BIDDERS

Town of Amherst Contract Compliance & Administration Department

RFP #202508

State Government Relations Services

Sealed proposals for the above-mentioned project in the Town of Amherst, NY will be received by the Contract Compliance & Administration Office in the Municipal Building, Williamsville, NY 14221 on or before 3:00 PM local time on September 25, 2025.

Specifications may be obtained via e-mail to khalton@amherst.ny.us or examined at the Contract Compliance & Administration Office of the Town of Amherst between the hours of 8:00 AM and 4:00 PM through due date, excluding Saturdays, Sundays and Holidays.

By Order of the Town Board Town of Amherst, New York

Lynda L. Juul Director of Finance

August 14, 2025

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AMHERST, NEW YORK 14221 RFP NO. 202508

INTRODUCTION

The Town of Amherst has issued this Request for Proposals (RFP) seeking qualified professionals to provide representation on behalf of the Town with respect to certain government related matters in Albany, before the Executive Chamber, the State Legislature, and other State and Federal agencies and authorities. Strong consideration will be given to applicants who can demonstrate expertise in New York State government affairs and legislative services (“lobbying”).

Matters for which the Town may require advice, counsel, recommendations, and representation may include, but are not limited to:

General State legislative issues General Federal legislative issues Local government assistance Identification of revenue generating opportunities Input on the Town’s annual State legislative agenda Advice/input on State policy and fiscal matters Advise/input on Federal policy and fiscal matters Public relations/communication support

SCHEDULE

Listed below is the anticipated schedule related to this RFP.

Event Date Issuance of RFP August 14, 2025 Written Questions from Proposers Due August 28, 2025 Response to Questions Issued via Addendum September 4, 2025 Proposals Due September 25, 2025 Proposal Review & Interviews (if necessary) October 2025 Award of Contract November 2025

PROPOSAL REQUIREMENTS

The following is required content of this RFP.

A) Cover Letter

Each Proposer shall prepare and sign a cover letter. Submission of the letter shall constitute a representation by the Proposer that it is willing and able to perform the services described in the RFP and their proposal. The cover letter must explain the Proposer’s understanding of the Town intent, objectives, and how the Proposer will achieve those objectives. It must also discuss the Proposer’s plan for implementing the described services, including any proposed approach to project management, strategies, and any additional factors that may be beneficial to the Town in achieving its’ goals.

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AMHERST, NEW YORK 14221 RFP NO. 202508

B) Company Profile

Each Proposer is required to prepare and submit a brief description of the Proposer’s firm, which must include:

1) Name, mailing address, email address, telephone number, and fax number of the primary contact person for the firm;

2) A brief description of the firm, including the number of years in business, major business lines, major markets served, company history, relevant operating segments, primary vision and strategy, number of employees, office locations, and any Joint Venture Partners;

3) A copy of any resolution or some other form of authority, signed by a Chief Executive Officer, Corporate Secretary, or managing partner, which lists the specific officers who are authorized to execute agreements on behalf of the Proposer;

4) Financial details demonstrating your firm’s financial capacity to undertake and complete the project;

5) Each Proposer must provide a list of at least three (3) customers where their consultation services have been provided and subsequent improvements that were made as a result.

The list must identify your staff members who worked on each project, as well as the budget, schedule and a project summary. Descriptions should be limited to one page for each project. Experience will not be considered unless complete reference data is provided. At a minimum, the following information must be included for each client reference:

a) Client name, address, contact person name, and telephone;

b) Description of services provided similar to the services outlined in this RFP;

c) Nature and extent of Proposer’s involvement as the prime consultant;

d) Identity of services, if any, subcontracted, and to which other company;

e) Total dollar value of the contract;

f) Contract term (start date and expiration date)

The Town may solicit relevant information concerning the Proposer’s record of past performance from previous clients, or any other available sources. Each Proposer must provide a summary of their professional qualifications and the experience of all team personnel who will be dedicated to the services described in this RFP. For each person identified, describe the following information:

a) Title and reporting responsibility;

b) Proposed role in this project, including the functions and tasks for which they will have prime responsibility (also indicate areas of secondary responsibility, if appropriate);

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AMHERST, NEW YORK 14221 RFP NO. 202508

c) Pertinent areas of expertise and past experience;

d) Base location (local facility, as applicable);

e) Curriculum vitae and corporate personnel profiles which describe their overall experience and expertise.

C) References

Each proposal must provide references from at least three (3) customer or of companies or other entities of comparable characteristics as the Town of Amherst, where their services have been successfully implemented and have in use for at least six (6) months.

D) Advocacy Service Plan

Each Proposer must submit an advocacy service plan that is creative, comprehensive, and contains a detailed description of the processes by which they will perform the services described in this RFP. Proposers must also describe the project management methodology that will be used to execute their plan.

All responses must include anticipated costs and an anticipated timeline. Where appropriate, each Proposer must provide an estimate of what resources, including facilities, equipment, personnel, communication technologies and other resources that may be required for implementing any proposed plan. This estimate must, at a minimum, identify the reason, type and any resources that the Proposer expects the Town to provide.

EVALUATION AND SELECTION PROCESS

Evaluation of Proposals

The evaluation criteria will be based on the Proposer demonstrating their proven knowledge, understanding and experience in New York State rules and regulations, prior experience working on behalf of government agencies and representing their interests in Albany, including before Executive Chamber, the State Legislature, and other State agencies and authorities, and the Proposer’s ability to meet the Town’s needs.

The Town reserves the right to request any additional information it deems necessary in order to make a decision on any proposal.

Basis of Selection

While costs will be considered in the award of this RFP, cost is not the only factor to be considered. The Town will award the contract to the Proposer(s) whose proposal is deemed to be in the best interest of the Town. The Town reserves the right to cancel this RFP at any time before or after closing, without providing reasons for such cancellation. If only one proposal is received, the Town reserves the right to reject it.

The primary objective of the evaluation process is to select an individual(s), partnership(s), and/or firm(s) that:

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AMHERST, NEW YORK 14221 RFP NO. 202508

Clearly demonstrate a thorough understanding of the scope of the engagement and the specific responsibilities entailed;

Possess adequate resources to handle assigned responsibilities and to handle extenuating circumstances that may arise quickly, diligently and effectively;

Assign highly skilled, experienced, diligent, responsive, and professional personnel to perform the required duties;

Maintain high ethical standards and reputation;

Are competitive in services that they will agree to make available or otherwise to provide to the Town.

All proposals will be evaluated upon, but not limited to, the following criteria:

Evaluation Criteria Weight Experience and Qualifications, demonstrated ability to fulfill the requirements of the proposal, resumes of key members of the team, references and other factors which the Town considers relevant

60%

Proposed Fee, including all expenses, hourly staff rates, payment terms, contract terms and conditions, and options. All proposals must be based on an annual retainer.

40%

CONTRACT AWARD / TERM

The successful Proposer will be awarded a one-year non-exclusive contract with the option to renew for two (2) additional one-year terms, upon mutual agreement of the Town and the Proposer. The contract term will begin January 1, 2026.

The Town reserves the right to contract any services awarded under this RFP to other firms at its sole discretion whenever it deems necessary.

The contract with successful Proposers shall include the terms of this RFP together with the terms of the Proposer’s proposal which are not inconsistent with the RFP, and which have been specifically accepted by the Town of Amherst.

INTERPRETATION OF DOCUMENTS

All questions about the meaning or intent of the specifications must be submitted via email to zkittleman@amherst.ny.us & khalton@amherst.ny.us. Please include RFP # 202508 State & Federal Government Relations Services in the e-mail subject line. Replies will be issued by Addenda and emailed to all parties recorded as having received the proposal documents.

Questions received within 5 days of the RFP opening will not be responded to.

INSURANCE

Insurance is required as per the attached Addendum. Please note that if you are shipping via third party, you should advise us via e-mail and NYS Workers Compensation and Disability will not be required.

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AMHERST, NEW YORK 14221 RFP NO. 202508

Town of Amherst Contract Compliance & Administration Department

INSTRUCTIONS TO BIDDERS (FORMAL)

1. Bid shall be submitted on these Town of Amherst bid forms or bid will not be considered. Bid must be typed or printed in ink. Original autograph signatures in ink are required. Facsimile or rubber stamp signatures will not be accepted. ALL PAGES OF THIS

BID DOCUMENT MUST BE RETURNED INTACT

2. Late Proposals. Any responses received after the date and time prescribed will not be considered for contract award.

3. Emergency Closings. In the event the closing of certain Town facilities and/or operations and/or services due to any flood, fire, fire drill, power failure, uncontrolled weather conditions or other cause beyond the Town’s control, only bids received in the Contract Compliance & Administration Department prior to the date and time or postmarked as of the date prescribed will be considered for contract award.

4. Any change in wording or interlineation by a bidder of the inquiry as published by the Town of Amherst shall be reason to reject the proposal of such bidder, or in the event that such change in the Invitation to Bid is not discovered prior to entering into a contract, to void any contract entered into pursuant to such bid.

5. The Town of Amherst reserves the right to reject any and all bids, to accept either in whole or in part any one bid or combination of bids, as may be provided in the bid specifications, or to waive any informalities in bids. The Town does not obligate itself to accept the lowest or any other proposal.

6. Award to the lowest responsible bidder. For the purpose of determining which bidder is the lowest qualified responsible bidder, it shall be the lowest three bidders' responsibility, within FIVE DAYS of being so notified by the Contract Compliance & Administration Department, to present information and documentation to the Director of Contract Compliance & Administration, to satisfy the Town that the bidder possesses sufficient capital resources, skill, judgment and experience to perform the work or deliver the material, as per bid specifications.

7. Contract(s) or purchase order(s) will be awarded after due consideration of the suitability of goods and/or services bid to satisfy these specifications, the total cost of such goods and/or services including all cost elements, and the timeliness of the agreed upon delivery date.

8. This EXECUTORY CLAUSE shall be a part of any agreement entered into pursuant to this bid:

It is understood by the parties that this agreement shall be executory only to the extent of the monies available to the Town of Amherst and appropriated therefore, and no liability on account thereof shall be incurred by the Town beyond the monies available and appropriated for the purpose thereof.

9. Failure to meet delivery schedule as per accepted bid may result in legal action by the Town of Amherst to recover damages.

10. Prices shall be quoted F.O.B. Destination, delivered inside (The dock or inside office).

"Tailgate delivery" will not be accepted unless specified by the Town of Amherst.

11. Collect transportation charges will not be paid by the Town of Amherst. All freight, cartage, rigging, postage or other transportation charges shall be prepaid and included.

There will be no additional charges for delivery.

12. No taxes are to be billed to the Town of Amherst. Proposals shall not include any Federal, State, or local excise, sales, transportation, or other tax, unless Federal or State

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AMHERST, NEW YORK 14221 RFP NO. 202508

law specifically levies such tax on purchases made by a political subdivision. The Town of Amherst Purchase Order is an exemption certificate. Any applicable taxes from which the Town of Amherst is not exempt shall be listed separately as cost elements, and added into the total net price.

13. The successful respondent shall comply with all laws, rules, regulations and ordinances of the Federal Government, the State of New York and any other political subdivision or regulatory body which may apply to its performance under this contract.

14. Gratuities, Illegal or Improper Schemes. The Town may terminate this agreement if it is determined that gratuities in the form of entertainment, gifts or otherwise were offered or given by a vendor, his agent or representative to any Town official or employee with a view towards securing favorable treatment with respect to the awarding of this bid or the performance of this agreement. The Town may also terminate this agreement if it is determined that the successful bidder engaged in any other illegal or improper scheme promotive of favoritism or unfairness incidental to the bidding process or the performance of this agreement. In the event that it is determined that said improper or illegal acts occurred, the Town shall be entitled to terminate this agreement and/or exercise any other remedy available to it under existing law.

15. Insurance shall be procured by the Successful Bidder before commencing work, no later than 14 days after notice of award and maintained without interruption for the duration of the Contract, in the kinds and amounts specified in the Agreement Addendum, unless otherwise stipulated in these Bid Specifications. If the insurance is not provided in acceptable form within this period of time, then the Director of Contract Compliance & Administration may declare the vendor non-responsive and award the contract to the next responsible vendor.

16. Any cash discount which is part of bid will be considered as a reduction in the bid prices in determining the award of the bid. Date of invoice must not precede date of delivery. The Town of Amherst policy is to pay all claims in a timely manner within the specified time.

However, if for some reason payment is delayed, the Town will take the discount when payment is made. The Town will not pay any interest charges, nor refund discount amounts taken after the discount period. If this is unsatisfactory, please quote net.

17. Changes in work. The Town may, as the need arises, through the Director of Contract Compliance & Administration, order changes in the work through additions, deletions, or modifications without invalidating the contract. Compensation, as it may be affected by any change, shall be adjusted by agreement between the contractor and the Town through the Director of Contract Compliance & Administration.

18. Bid offering material other than that of specified manufacturer or trade name will be considered unless stated otherwise. The use of the name of a particular manufacturer, trade name, or brand in describing an item does not restrict a bidder to that manufacturer or specific article. However, the substituted article on which a proposal is submitted must be of such character or quality that it would serve the purpose for which it is to be used equally well as the manufacturer or brand specified. Proposals will be accepted in accordance with specifications on file or approved equal.

19. If material or services other than those specified in this bid document are offered, the bidder must so state and furnish at the time of bid opening, if so requested, and as part of his bid the following information in duplicate:

(a) Complete description of the item offered, and detailed explanation of the differences between the item specified and the item offered. If, in the opinion of the Director of Contract Compliance & Administration Department, sufficient detail is not presented as a part of the sealed bid to permit definitive evaluation of any substitute item, the bid will not be considered.

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(b) Descriptive literature of item offered, for evaluation.

(c) List of installations in the Town of Amherst of the item offered.

(d) List of other installations.

20. Any additional information for which bidder desires to add to the bid shall be written on a separate sheet of paper, attached to and submitted with the formal sealed bid, to be read at the formal opening.

21. Workmanship must meet with the approval of the department head(s) involved, and shall be first class in every respect without exception and shall be equal to the best modern practices. Materials furnished are to be new and unused. All materials furnished or work performed are to be guaranteed free from defects. Anything found defective or not meeting specifications, no matter in what stage of completion, may be rejected and shall be made good by the contractor at his own expense.

22. Contractor shall Clean up and remove all debris and rubbish resulting from the work and leave the premises broom clean to the approval of the department head.

23. THIS BID IS FIRM AND IRREVOCABLE for a period of 45 days from the date and time of the bid opening. If a contract is not awarded within the 45 day period, a bidder to whom the bid has not been awarded, may withdraw his bid by serving written notice of his intention to do so upon the Contract Compliance & Administration Department. Upon withdrawal of the bid pursuant to this paragraph, the Contract Compliance & Administration Department will forthwith return the bidder's security deposit.

24. Prices charged to the Town of Amherst are to be no higher than those offered to any other governmental or commercial consumer. If a bidder has a New York State or a Federal GSA contract for any of the items covered in this bid or any similar items, he shall so indicate that he has said contract on these bid papers and automatically supply a copy of this contract within five days after notification of award.

25. Price is Firm. The unit prices bid shall remain firm, and any other charges bid shall also remain firm, for delivery of the equipment, material, work, or services described in this bid. No cost increase shall be charged for any reason whatsoever.

26. Extension of price protection. Any contract entered into pursuant to this bid to supply the Town of Amherst requirements of goods and/or services for a definite period of time as stated in the attached specifications may be extended for not more than two successive periods of equal length at the same bid price upon the mutual agreement of the successful respondent and the Town of Amherst. All extensions shall be submitted in writing and shall have prior approval by the Town of Amherst, Director of Contract Compliance & Administration.

27. In executing this bid, the bidder affirms that all of the requirements of the specifications are understood and accepted by the bidder, and that the prices quoted include all required materials and services. The undersigned has checked all of the bid figures, and understands that the Town will not be responsible for any errors or omissions on the part of the undersigned in preparing this bid. Mistakes or errors in the estimates, calculations or preparation of the bid shall not be grounds for the withdrawal or correction of the bid or bid security. In case of error in extension of prices in the bid, the unit price will govern.

28. The undersigned shall be fully accountable for his or its performance under this bid, or any contract entered into pursuant to this bid, and agrees that he, or its officers, will answer under oath all questions relevant to the performance thereof and to any transaction, act or omission had, done or omitted in connection therewith if called before any Judicial, Town, County or State officer or agency empowered to investigate the contract or his performance.

29. Termination of contract:

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a. This agreement may be terminated by either party upon seven (7) days written notice, should the party fail substantially to perform in accordance with its terms, through no fault of the party initiating the termination.

b. At its option, the Town may at any time for any reason terminate this agreement and the Contractor shall immediately cease all work under the agreement upon receipt of written notice of such termination from the Town.

c. In the event of termination for any reason other than the fault of the Contractor, or the nonavailability of funds as provided in the above Executory Clause, the Contractor shall be paid the amount due to date of termination, and all reasonable expenses caused by such termination.

30. The successful bidder to whom the bid is awarded shall indemnify and hold harmless the Town of Amherst and its agents and employees from and against all claims, damages, losses or causes of action arising out of or resulting from such vendor’s performance pursuant to this bid.

31. Status as an independent contractor: The successful Bidder to whom the bid is awarded and the Town agree that the Bidder and its officers, employees, agents, contractors, subcontractors and/or consultants are independent contractors and not employees of the Town or any department, agency or unit thereof. In accordance with their status as independent contractors, the Bidder covenants and agrees that neither the Bidder nor any of its officers, employees, agents, contractors, subcontractors and/or consultants will hold themselves out as, or claim to be, officers or employees of the Town or any department, agency or unit thereof.

32. Governed by New York law: This Agreement shall be construed and enforced in accordance with the laws of the State of New York. In addition, the parties hereby agree that for any cause of action arising out of this Agreement shall be brought in the County of Erie.

33. A contract formed by the acceptance of this bid shall be deemed to have been let in a manner that constitutes competitive bidding consistent with state law and made available for use by other governmental entities pursuant to General Municipal Law 103 (16).

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AMHERST, NEW YORK 14221 RFP NO. 202508

Town of Amherst Contract Compliance & Administration Department

To facilitate correct drawing and execution of contract, bidder shall supply full information concerning legal status:

FIRM NAME ___________________________________________________________

ADDRESS OF PRINCIPAL OFFICE:

STREET _____________________________________________________________

CITY _____________________________________________STATE _____________

ZIP ______________ AREA CODE ______ PHONE __________________________

Check one: CORPORATION_____ PARTNERSHIP_____ INDIVIDUAL_____

FEDERAL ID NUMBER: ________________________________________________

E-MAIL ADDRESS: ___________________________________________________

INCORPORATED UNDER THE LAWS OF THE STATE OF _____________________

If foreign corporation, state if authorized to do business in the State of New York:

YES ______ NO ______

TRADE NAMES: _______________________________________________________

ADDRESS OF LOCAL OFFICE:

STREET _____________________________________________________________

CITY _____________________________________________STATE _____________

ZIP ______________ AREA CODE ______ PHONE __________________________

NAMES AND ADDRESSES OF PARTNERS:

Rev. 7/2017)

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AMHERST, NEW YORK 14221 RFP NO. 202508

EXHIBIT "A"

Town of Amherst Contract Compliance & Administration Department

ASSIGNMENT OF PUBLIC CONTRACTS

GENERAL MUNICIPAL LAW - Section 109:

1. A clause shall be inserted in all specifications of contracts hereafter made or awarded by an officer, board or agency of a political subdivision, or any district therein, prohibiting any contractor, to whom any contract shall be let, granted or awarded, as required by law, from assigning, transferring, conveying, subletting or otherwise disposing of the same, or of his right, title or interest therein, or his power to execute such contract, to any other person or corporation without the previous consent in writing of the officer, board or agency awarding the contract.

2. If any contractor, to whom any contract is let, granted, or awarded, as required by law, by any officer, board or agency of a political subdivision, or of any district therein, without the previous written consent specified in subdivision one (1) of this section, assign, transfer, convey, sublet or otherwise dispose of such contract, or his right, title or interest therein, or his power to execute such contract to any other person or corporation, the officer, board or agency which let, made, granted or awarded such contract shall revoke and annul such contract, and the political subdivision or district therein, as the case may be, and such officer, board or agency shall be relieved and discharged from all liability and obligations growing out of such contract to such contractor, and to the person or corporation to which such contract shall have been assigned, transferred, conveyed, sublet or otherwise disposed of, and such contractor, and his assignee, transferee or sublessee shall forfeit and lose all monies, theretofore earned under such contract, except so much as may be required to pay his employees. The provisions of this section shall not hinder, prevent or affect any assignment by any such contractor for the benefit of his creditors made pursuant to the laws of the State.

NO ASSIGNMENT OF ANY AGREEMENT pursuant to this bid shall be made without specific prior approval, in writing, by the Town of Amherst Director of Contract Compliance & Administration.

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EXHIBIT “F”

Consultant Minor Exposure Addendum to Contract

1. Notwithstanding any other provision in this Agreement, the following clauses shall be controlling. Should any other provision of the Agreement conflict with the clauses in this Addendum then the provisions of this Addendum are to be enforceable and any conflicting provision shall be considered null and void.

2. No rules, requirements or customs of any society or association of professional Consultants or any similar association shall affect this Agreement in any way whatsoever or be binding upon the Town.

3. To the fullest extent permitted by law, Consultant shall indemnify and hold the Town, its officers, agents, and employees, harmless from any and all liability, demands, claims, or expenses, awards or judgments imposed upon the Town, its officers, agents, and/or employees, arising out of the work of the Consultant its officers, agents, sub-Consultants, and/or employees as well as the negligence, active or passive, of the Consultant, its officers, agents, sub-Consultants, and/or employees.

4. Consultant shall not commence work under this Agreement until it has obtained all insurance specified below, produced satisfactory proof of the same and such insurance has been approved by the Town.

(a) Workers’ Compensation Insurance: Consultant shall take out and maintain during the life of this Agreement, Workers’ Compensation Insurance (both Part A and Part B) for its employees to be assigned to the work hereto under.

(b) General Liability, Professional (if applicable) Liability and Property Damage Insurance: Consultant shall take out and maintain during the life of this Agreement, such general liability and property damage insurance as shall protect it and the Town of Amherst from claims for damages for personal injury, including accidental death, as well as from claims for property damage, which may arise from operations under this Agreement. The amounts of such insurance shall be as follows in an amount not less than $1,000,000.00 per occurrence for bodily injury and property damage including wrongful death, and $2,000,000.00 aggregate.

(c) Consultant shall furnish the above insurances, including sub-Consultants’ insurances, to the Town and shall also assure that any policy procured by it shall name the Town as an additional insured on a primary and non-contributory basis.

(d) Consultant shall ensure all its sub-Consultants, if any, have obtained all the above insurances and shall also assure that any policy procured by any sub-Consultant or sub-sub Consultant shall name the Town as an additional insured on a primary and non-contributory basis.

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5. Any accident shall be reported to the Office of the Town Attorney as soon as possible and not later than twenty-four (24) hours from the time of such accident. A detailed written report must be submitted to the Town of Amherst as soon thereafter as possible as and no later than three (3) days after the date of such accident.

6. No Assignment: In accordance with the provisions of Section 109 of the General Municipal Law, the Consultant is hereby prohibited from assigning, transferring, conveying, subletting or otherwise disposing of this Agreement, or of its right, title or interest in this agreement, or its power to execute this Agreement, to any other person or corporation without the previous consent in writing of the Town.

7. Required Provisions of Law: Each and every provision of law and clause required by law to be inserted in this Agreement shall be deemed to have been inserted herein. If any such provision is not inserted through mistake or otherwise, then upon the application of either party this Agreement shall be physically amended forthwith to make such insertion. In particular, the Consultant shall, among other things, fully comply with:

(a) Article 8 of the NYS Labor Law for public work contracts and Article 9 of the Labor Law regarding prevailing wage for Building Service employees.

(b) Labor Law Section 220-e and Executive Law Sections 291-299 and the Civil Rights Law relating to prohibition against discrimination and equal opportunity.

(c) Affirmative action as required by the Labor Law.

(d) Prevention of dust hazard required by Labor Law Section 222-a.

(e) Preference in employment of persons required by Labor Law Section 222.

(f) Eight-hour workday as required by Labor Law Section 220(2).

(g) Chapter 32 of the Town of Amherst: Minority Women and Business

Utilization Commitment.

(h) Chapter 163 of the Town of Amherst: Registration of Sex Offenders.

8. The Consultant, in accordance with its status as an independent Consultant, covenants and agrees that it will conduct itself consistent with such status. It will neither hold itself out as nor claim to be, an officer or employee of the Town by reason hereof, make any claim, demand or application to or for any right or privilege applicable to an officer or employee of the Town, including, but not limited to: workers’ compensation coverage, unemployment insurance benefits, Social Security coverage, or retirement membership or credit.

Waiver: No waiver of any breach of any condition of the Agreement shall be binding unless in writing and signed by the party waiving said breach. No such waiver shall in any way affect any other term or condition of this Agreement or constitute a cause or excuse for a repetition of such or any other breach unless the waiver shall include the same.

9. This Agreement shall be governed by, and interpreted according to the laws of the State of New York. If the contract between the parties refers to the laws, statutes, rules, regulations or ordinances for any state other than New York State, to the laws, statutes, rules, regulations

Revised 12.30.19 SJS

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or ordinances for any county other than Erie County, New York or to the laws, statutes, rules, regulations or ordinances for any municipality other than the Town of Amherst, then the laws, statutes, rules, regulations or ordinances for New York State, Erie county and/or the Town of Amherst shall apply as applicable. Any and all legal action necessary to enforce the Agreement will be venued in Supreme Court, Erie County, New York or in the United States District Court for the Western District of New York, Buffalo Division.

10. It is hereby acknowledged that performance of this Contract will be undertaken in accordance with the specifications and pricing on which the bid was submitted.

Authority for execution on behalf of Town: The Supervisor has executed this Agreement pursuant to a Resolution adopted by the Town Board of the Town, at a meeting thereof held on _____________________________________ . Brian J. Kulpa, the Supervisor, whose signature appears hereafter, is duly authorized and empowered to execute this instrument and enter into such an Agreement on behalf of the Town as a result of that Resolution. This instrument shall be executed in triplicate. At least one (1) copy shall be permanently filed, after execution thereof, in the office of the Town Clerk of Town.

Agreed to and Accepted by: Agreed to and Accepted by:

Town of Amherst

Print Name of Company

By: By:

Signature Brian J. Kulpa, Supervisor

Date: __________________________ Printed name

Date: ______________________________

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EXHIBIT "G"

Town of Amherst Contract Compliance & Administration Department

NON-COLLUSIVE BIDDING CERTIFICATION

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 knowledge and belief:

(1) 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 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.

NOTICE

(Penal Law, Section 210.45)

IT IS A CRIME, PUNISHABLE AS A CLASS A MISDEMEANOR UNDER THE LAWS OF THE STATE OF

NEW YORK, FOR A PERSON, IN AND BY A WRITTEN INSTRUMENT, TO KNOWINGLY MAKE A

FALSE STATEMENT, OR TO MAKE A FALSE STATEMENT, OR TO MAKE A STATEMENT WHICH

SUCH PERSON DOES NOT BELIEVE TO BE TRUE.

BID NOT ACCEPTABLE WITHOUT FOLLOWING CERTIFICATION:

Affirmed under penalty of perjury this _________ day of ________________, 20 _____

TERMS ________________ DELIVERY DATE AT DESTINATION _______________________

FIRM NAME __________________________________________________________________

ADDRESS ___________________________________________________________________

ZIP

AUTHORIZED SIGNATURE _____________________________________________________

TYPED NAME OF AUTHORIZED SIGNATURE______________________________________

TITLE _________________________________ TELEPHONE NO._________________________

(Rev.7/2017)

TOWN OF AMHERST Page 17 of 17

AMHERST, NEW YORK 14221 RFP NO. 202508

EXHIBIT “I”

IRAN DIVESTMENT ACT CERTIFICATION

As a result of the Iran Divestment Act of 2012 (Act), Chapter 1 of the 2012 Laws of New York, a provision was added to the State Finance Law (SFL), Section 165-a, effective April 12, 2012. Under the Act, the Commissioner of the Office of General Services (OGS) will develop a list (prohibited entities list) of “persons” who are engaged in “investment activities in Iran” (both are defined terms in the law). This list is posted on the OGS website.

By submitting a response to this solicitation, or by assuming the responsibility under a Contract/Lease awarded hereunder, Bidder/Contractor/Vendor (or any assignee) certifies that it will not utilize on such Contract/Lease any subcontractor that is identified on the prohibited entities list.

Additionally, Bidder/Contractor/Vendor is advised that any Bidder/ Contractor/Vendor seeking to renew or extend a Contract/Lease (or assume responsibility of a Contract/Lease awarded must certify at the time the Contract/Lease is renewed, extended or assigned that it is not included on the prohibited entities list.

During the term of the Contract/Lease, should the Town of Amherst (Town) receive information that a person is in violation of the above-referenced certification, the Town will offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment which is in violation of the Act within 90 days after the determination of such violation, then the Town shall take such action as appropriate including, but not limited to, imposing sanctions, seeking compliance, recovering damages or declaring the Bidder/Contractor/Vendor in default.

The Town reserves the right to reject any Contract/Lease or request for assignment for an entity that appears on the prohibited entities list prior to the award of a Contract/Lease, and to pursue a responsibility review with respect to any entity that is awarded a Contract/Lease and appears on the prohibited entities list after Contract/Lease award.

Company Name: ____________________________________________

Signature: ____________________________________________

Print Name: ____________________________________________

Title: ____________________________________________

Date: ____________________________________________