25-2586 Alfalfa Sales.pdf

DEPARTMENT OF FINANCE & MANAGEMENT- PROCUREMENT • 1903 MARQUETTE AVENUE, SUITE A106 •

MUSKEGON, MI 49442

(231) 724-6117 • bids@co.muskegon.mi.us • www.co.muskegon.mi.us

Monday March 10, 2025

Alfalfa Sales REQUEST FOR Bids

25-2586

The Muskegon County Board of Commissioners would like to thank you for the interest in this solicitation being presented. A set of conditions and specifications/requirements are enclosed.

The time of receipt shall be determined by the time clock stamp in the electronic Bidnet system. Respondents are responsible for ensuring that their proposal response is submitted by the deadline indicated.

No late proposal responses will be accepted.

Sincerely, Angela Gasiewski

Angela Gasiewski, CPA Finance Director

Requesting Agency Resource Recovery Center

Description Seeking buyers for the alfalfa on fields 3, 4, 13, 27, 31A, and 35 for 2025 - 2028.

Deadline for Questions Tuesday March 18 at 2:00pm

Response to Questions Thursday March 20th

Proposal Deadline Tuesday March 25th at 10am

Zoom Meeting Link & Passcode

Click here for Link Code: 2586

BOARD OF

COMMISSIONERS

Charles Nash

Chair, District 5

Jessica Cook Vice Chair, District 6

Kim Cyr

District 1

Brett Herman District 2

Michelle Hazekamp

District 3

Chris McGuigan District 4

Darrell L. Paige

District 7 mailto:bids@muskegoncounty.net https://us06web.zoom.us/j/81504214754?pwd=eyTQtTRmGjG841XIaEKDNuKyrXhQFl.1

TABLE OF CONTENTS

Contents

TABLE OF CONTENTS

PROPOSAL PACKET CHECKLIST

PROPOSAL CERTIFICATION/NON-COLLUSION AFFIDAVIT

MINORITY VENDOR CERTIFICATIONS

CERT. REGARDING DEBARMENT, SUSPENSION, & OTHER RESPONSIBILITY MATTERS

NON-DISCRIMINATION STATEMENT

NO PROPOSAL RESPONSE FORM

ADDENDA SUMMARY

REFERENCES/WORK EXPERIENCE

PROPOSAL SUMMARY

PROPOSAL CONDITIONS/INSTRUCTIONS TO RESPONDERS

INSURANCE REQUIREMENTS

PROPOSAL PACKET CHECKLIST

This Proposal Packet Checklist is being provided as an aid to you in preparing your proposal response. However, the requirements of the Proposal Specifications supersede the Proposal Packet Checklist. It is the Respondent’s responsibility to review the Proposal Specifications in their entirety and submit all required items with their proposal response.

Please complete the required/requested forms below and check them off this list as you complete them.

Return the completed forms to the Muskegon County Procurement Office with your proposal response.

Complete Not

Applicable

Proposal Invitation Cover Letter

Proposal Certification/Non-Collusion Affidavit &

Minority Supplier Certification

Proposal Summary, Proposed Rates and Detailed Budget: Must be in separate sealed Envelope.

Addenda Summary (Failure to acknowledge all issued Addenda may be cause for rejection of proposal. Go to https://www.bidnetdirect.com/mitn/muskegon-county for Addenda.)

Proposal Technical Response: Do Not include pricing.

References / Work Experience

Debarment, Suspension and other Responsibility Matters

Non-Discrimination Statement

No Proposal Response Form https://www.bidnetdirect.com/mitn/muskegon-county

PROPOSAL CERTIFICATION/NON-COLLUSION AFFIDAVIT

I certify that this proposal is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a proposal for the same materials, supplies, equipment, or service, that it meets or exceeds all specifications contained herein, and is in all respects fair and without collusion or fraud. The Respondent’s signature declares under penalty of perjury of the laws of the United States that the Responder submitting this proposal, its agents, officers or employees have not directly or indirectly entered into any agreements, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with this proposal for the above project. I agree to abide by all conditions of this proposal and certify that I am authorized to sign for the Responder.

Proposal Number: 25-2586 Alfalfa Sales

Responder: _________________________________________

Responder Address: _________________________________________

Phone Number: _________________________________________

Fax Number: _________________________________________

Signature: _________________________________________

Name Printed: _________________________________________

Title: _________________________________________

Date Signed: _________________________________________

E-Mail: _________________________________________

Website: _________________________________________

MINORITY VENDOR CERTIFICATIONS

Please check all that apply:

The Responder represents that it IS IS NOT a woman or women-owned business.

The Responder represents that it IS IS NOT a minority-owned business.

The Responder represents that it IS IS NOT a disadvantaged business enterprise.

The Responder represents and warrants that the company meets the above and can provide supportive documentation upon request. Any lines left unchecked will be considered as if the “IS NOT” box has been checked.

Authorized Agent Signature Date

Authorized Agent Printed Name

COUNTY OF MUSKEGON

CERT. REGARDING DEBARMENT, SUSPENSION, & OTHER RESPONSIBILITY MATTERS

The prospective participant certifies, to the best of its knowledge and belief, that it and its principals:

1. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in transactions under federal non-procurement programs by any federal department or agency.

2. Have not, within the three-year period preceding the proposal, had one or more public transactions (federal, state, or local) terminated for cause or default, have ever been on the Prevailing Wage Violator’s Registry or are currently being investigated under current name or any DBA’s, corporate names, subsidiaries or other business entities under which you have operated in the last three years; and

3. Are not presently indicted or otherwise criminally or civilly charged by a government entity (federal, state, or local) and have not, within the three-year period preceding the bid, been convicted or had a civil judgment rendered against it.

A. For the commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public transaction (federal, state, or local) or a procurement contract under such a public transaction.

B. For the violation of federal or state antitrust statutes, including that proscribing price fixing between competitors, the allocation of customers between competitors, or bid rigging, or

C. For the commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property.

I understand that a false statement on this certification may be grounds for the rejection of this proposal or the termination of the award. In addition, under 18 U.S.C. § 1001, a false statement may result in a fine of up to $10,000 or imprisonment for up to five years, or both.

Name/Title of Authorized Representative Name of Participant Agency or Firm

Signature of Authorized Representative Date

□ I am unable to certify to the above statement. Attached is my explanation.

NON-DISCRIMINATION STATEMENT

Responder Name:

Project Name: Alfalfa Sales

Project #: 25-2586

The Respondent’s signature indicates that respondent agrees that no individual shall, on the grounds of race, creed, age, color, national origin or ancestry, religion, sex, marital status or handicap be excluded from participation, be denied the benefit of, or be otherwise subjected to discrimination under any program or activity provided by this respondent.

Respondent further agrees that every subcontract entered into for the performance of this contract will contain a provision prohibiting discrimination against minority, women and handicapper owned businesses in subcontracting, and making discrimination a material breach of contract.

Authorized Signature Date

Note: Failure to submit the signed statement as part of the proposal will be cause for rejection of the proposal.

NO PROPOSAL RESPONSE FORM

Muskegon County Procurement Office 1903 Marquette Avenue, Suite A106 Muskegon, MI 49442 Bids@co.muskegon.mi.us

We would appreciate you completing this form if you do not intend to respond to this request.

Proposal: 25-2586 Name: Alfalfa Sales

Response

1. Specifications are too tight, i.e., geared toward one (1) brand or manufacturer only (explain below). __________

2. Specifications are unclear (explain below). __________

3. We are unable to meet specifications. __________

4. Insufficient time to respond. __________

5. Our schedule would not permit us to perform within the required time. __________

6. We are unable to meet bond requirements. __________

7. We are unable to meet insurance requirements. __________

8. We do not offer this product or service. __________

9. Other (explain below). __________

REMARKS:

Company Name: ______________________________________________________________________

Signature: _________________________________ Printed Name: _____________________________

Title: _____________________________________ Date: ____________________________________

ADDENDA SUMMARY

If the County of Muskegon finds it necessary to post revisions, clarifications or additional information in regards to 25-2586 they will be posted to: https://www.bidnetdirect.com/mitn/muskegon-county.

The County is not bound by any oral representations, clarifications, or changes made in the RFP by the County or its agents, unless such clarifications or change is provided in written addendum from the County of Muskegon Procurement Office.

Please initial below acknowledging receipt of any addenda (give number and date of each). If none were received, please indicate this as well.

Addendum Number Addendum Date Initials

Company Name: ___________________________________

Printed Name: ___________________________________

Signature: ___________________________________

NOTE: Failure to acknowledge all issued Addenda may be cause for rejection of proposal. Go to https://www.bidnetdirect.com/mitn/muskegon-county for Addenda.

REFERENCES/WORK EXPERIENCE

Do not include County of Muskegon personnel. The Responder must furnish at least three (3) references from persons who can attest to the quality of similar prior work performed:

1. Company Name: __________________________________________________

Street Address: __________________________________________________

City/State/Zip Code: __________________________________________________

Contact Person: __________________________________________________

Telephone No.: __________________________________________________

Email Address: __________________________________________________

2. Company Name: __________________________________________________

Contact Person: __________________________________________________

3. Company Name: __________________________________________________

Contact Person: __________________________________________________

PROPOSAL SUMMARY

All costs (including labor, tools, equipment, materials, shipping, handling and all other costs) must be included in the total price. If there are any rebates or special qualifying programs please indicate their value and what must be done to qualify. The pricing information provided must be complete this includes any additional taxes, surcharges or other fees that may be passed on to the County on the invoices. The minimum time this proposal will be in force is 90 days.

Respondents are to submit prices on the 25-2586 Alfalfa Sales located in the documents section of this solicitation, found here https://www.bidnetdirect.com/mitn/muskegon-county. Every line (space) must contain a figure, zero (0), line (-) or “No Bid”. Failure to complete the bid summary as stated above may be cause for rejection of bid.

BID SUMMARY

All cost (including equipment, labor, cost for cutting and removal and all other costs) must be included in the total purchase per ton prices.

Bidders are to submit prices on the lines (spaces) provided below. Every line (space) must contain a figure, zero (0) or line (-). Failure to complete the bid summary as stated above shall be cause for rejection of bid. (Remember to double check your addition, subtraction and multiplication.)

Total bid per specifications and conditions contained in the bid request. Price is the dollar amount to be paid per ton of alfalfa haylage, the weight having been adjusted to 32% dry matter.

Price per ton of alfalfa produced in field 3 (79.2 acres) $

Price per ton of alfalfa produced in field 4 (87.0 acres) $

Price per ton of alfalfa produced in field 13 (124.7 acres) $

Price per ton of alfalfa produced in field 27 (119.6 acres) $

Price per ton of alfalfa produced in field 31A (39.3 acres) $

Price per ton of alfalfa produced in field 35 (91.2 acres) $

Company Name: ____________________________________________________

Signature: ____________________________________________________

Printed Name: ____________________________________________________

BID SPECIFICATIONS

If there are any questions regarding the following specifications, please contact:

Mike Clover, Farm Manager at (231) 724-3461

Alfalfa Specifications:

The Muskegon County Resource Recovery Center is taking bids for alfalfa produced on the Resource

Recovery Center site. The alfalfa will be sold standing in the field. Four different fields, as described below, will be bid separately. A formal contract will be drawn up after the bidding process with each successful bidder. The general terms of the contract are outlined in the following description:

1. The fields are:

Field 3 79.2 Acres To be planted Spring of 2025 4 Yr. Contract

Field 4 87.0 Acres To be planted Spring of 2025 4 Yr. Contract

Field 13 124.7 Acres To be planted Spring of 2025 4 Yr. Contract

Field 27 119.6 Acres To be planted Spring of 2025 4 Yr. Contract

Field 31A 39.3 Acres To be planted Spring of 2025 4 Yr. Contract

Field 35 91.2 Acres To be planted Spring of 2025 4 Yr. Contract

NOTE: See accompanying map for location of each field.

2. All of the fields will be under four-year contracts.

3. Fields will be irrigated with partially treated wastewater. The County is making no representations, nor providing any warranty whatsoever with respect to the suitability of the alfalfa product for use by the purchaser. Accordingly, the County shall not be held liable for the quality of alfalfa offered to the Purchaser with respect to its suitability for livestock feed.

4. The County will be responsible for scouting and treatment of disease, weed, insect and fertility problems and will have total control over the method of crop management. The County will not be liable to the Purchaser for any crop loss regardless of the cause.

5. Purchaser shall be responsible for providing all necessary labor and equipment to perform the harvesting operation including repairs and towing stuck vehicles.

6. A four cutting per year program is anticipated with a maximum of three cuttings the year of seeding.

A fifth cutting may also be available some years. The County and Purchaser shall agree on the timing for each cutting, including at least one full day for the irrigation rigs to be parked. Alfalfa shall be harvested as chopped crop to keep the irrigation down time at a minimum with down time not to exceed more than four days per cutting, except for weather circumstances beyond control of

Purchaser.

7. All alfalfa will be weighed at the County Grain Center scales, located along Swanson Road approximately ½ mile north of White Road (see map).

8. Moisture content samples will be taken from approximately every tenth load and will be used to determine tonnage for payment purposes. Approved GPS yield monitor systems which take several moisture readings during the chopping process will also be acceptable, if the purchaser also agrees to use this method to determine moisture.

9. Purchaser shall pay the County within thirty days of receiving a bill from the County after each cutting. No additional cuttings will be allowed in the event of an overdue bill. Any other sampling and testing are the responsibility of the Purchaser.

10. Proof of credit worthiness will be required of winning bidders.

11. Bid price will be based on price per moisture-adjusted ton (adjusted to 32% dry matter).

12. The contract will be used for each winning bid.

13. Each bidder should bid for their own company rather than represent other companies, i.e., interested bidders shall not unite in a block or team or group to submit a single bid.

14. GPS may be added at the discretion of the Muskegon County Farm Manager to ensure that weights are being recorded.

NOTE: See accompanying map for location of each field.

SALES DISCLAIMER

BUYER AGREES BY SIGNING THIS FORM THAT THEY HAVE BEEN ADVISED OF THE

FOLLOWING:

DESCRIPTION:

This equipment/vehicle/product is sold “as is”, not expressly warranted or guaranteed and the seller hereby disclaims all warranties, either expressed or implied, including any implied warranty of merchantability or fitness for a particular purpose.

Purchaser shall not be entitled to recover from seller any consequential damages to property, damages for loss of use, loss of time, loss of profits or income or any incidental damages.

Seller in no way guarantees or warranties that this equipment/vehicle/product is in conformance with the original specifications.

Buyer’s Signature

Date

CONTRACT FOR SALE OF ALFALFA CROP

This Agreement is made effective as of the _____ day of ________, 2025, by and between the County of Muskegon, by and through its County Board of Public Works, on behalf of the Muskegon County Resource Recovery Center, hereinafter variously referred to as either “County” or “Grower”, and _______________, sole proprietor of a for profit agricultural business with offices in _______________, Michigan, hereinafter referred to either as “Dairy” or “Purchaser”.

RECITALS

1. County, through its Board of Public Works, operates the Muskegon County Resource Recovery Center, and on said System property grows agricultural product as part of its wastewater treatment process.

2. Purchaser has expressed interest in purchasing certain alfalfa agriculture product, and County is agreeable to the sale of same, upon the following terms and conditions:

Section 1. Basic Agreement. County, as Grower, agrees to sell, and _____________________

______________________, as Purchaser, agrees to buy approximately _____ acres (consisting of tillable portions of fields as below described) of alfalfa crop grown by County on Muskegon County Resource Recovery Center property.

Section 2. Production and Growing of Crop.

A. General. County, as Grower, agrees to provide for production of alfalfa on the listed Field Number(s)

Field 3 79.2 Acres Section 11 of Egelston Twp Field 4 87.0 Acres Sections 2 & 11 of Egelston Township Field 13 124.7 Acres Section 12 of Egelston Twp & Section 7 of Moorland Twp Field 27 119.6 Acres Section 13 of Egelston Twp & Section 18 of Moorland Twp Field 31A 39.3 Acres Section 17 of Moorland Township Field 35 91.2 Acres Section 18 of Moorland Township

The above fields are more explicitly described in the attached and incorporate Site Map.

B. Crop Management. The parties contemplate and agree that the alfalfa crop on such fields shall be irrigated with partially treated wastewater sprayed by center pivot machines in accordance with customary County System practices.

C. Additional Crop Management. The County shall be responsible for scouting and treatment of the crop for disease, weed, insect, and fertility problems. The County will use Integrated Pest Management (IPM) approaches developed by Michigan State University for pest control and the County shall utilize soil sampling and wastewater analysis to calculate fertilizer needs. It is understood and agreed by the parties that the County shall have total control over the method of crop management. Parties agree that existing seeding of subject fields for alfalfa product is satisfactory for the duration of this agreement although County may at its option elect to re-seed at any time.

Section 3. Harvesting of Crop. Purchaser shall be responsible for providing all necessary labor and equipment to perform harvesting activity. Accordingly, Purchaser is responsible for all operations, maintenance, and repair for any and all equipment and all personnel needed to perform such harvesting. Consisting therewith, Purchaser shall be responsible for cutting and ultimate removal of crop from fields. All such work shall be done in accordance with sound agricultural practices.

When done harvesting each field, the Purchaser’s chopper operator shall call (231) 724-3461 to notify the farm manager directly or by voice mail what time this occurred.

Section 4. Timing of Harvest. The parties agree that alfalfa cuttings shall be managed to provide maximum quality and yield with due consideration given to stand longevity. The County and Purchaser shall agree on the timing for each cutting, including at least one full day for the irrigation rigs to be parked. Alfalfa shall be harvested as chopped crop to keep the irrigation down time at a minimum, with down time not to exceed more than four (4) days per field per cutting, except for weather circumstances beyond control of Purchaser. If the Purchaser has unpaid balances with the County for previous cuttings at the time the current cutting is to be harvested, the County reserves the right to coordinate harvest measures with an alternative party and negotiate temporary terms.

Section 5. Payment. Purchaser shall pay the County at the following rates:

Field 3 $ per ton of 32% dry matter alfalfa Field 4 $ per ton of 32% dry matter alfalfa Field 13 $ per ton of 32% dry matter alfalfa Field 27 $ per ton of 32% dry matter alfalfa Field 31A $ per ton of 32% dry matter alfalfa Field 35 $ per ton of 32% dry matter alfalfa

Any necessary moisture adjustment shall be done using Michigan State University standards. All alfalfa will be weighed at the County scales, which scales are located approximately ½ mile north of the corner of Swanson and White Roads. Moisture content samples shall be taken every tenth load (but at least one per field) or as may be reasonably agreed by party representatives based on harvesting considerations. Such moisture content samples shall be used to determine tonnage for payment purposes. Purchaser shall pay the County within thirty (30) days from date of invoice from each field cutting. No additional cuttings will be permitted in the event of an overdue bill.

Section 6. Representations and Warranties. The parties hereto acknowledge and agree that the County is making no representations, nor providing any warranty whatsoever with respect to the suitability of the alfalfa product for use by the Purchaser.

Accordingly, the County shall not be held liable for the quality of alfalfa offered to the Purchaser with respect to its suitability for livestock feed. However, the County will provide the Purchaser, upon request, data on the treated wastewater used for irrigation on the fields set forth in this agreement, but the County is not obligated to provide further or other than routine testing. Additionally, the County shall not be liable to Purchaser for any crop loss irrespective of cause.

Section 7. Insurance and Indemnity.

A. Insurance. Purchaser agrees to provide worker’s compensation and comprehensive general liability insurance evidencing coverage in adequate amounts to protect the Purchaser and Purchaser’s employees, and shall upon request submit to the County certificates of such insurance and/or worker’s compensation coverages.

B. Liability. Purchaser agrees to indemnify, hold and save the County, its officers, agents and employees, harmless from any and all liability of any nature or kind, including costs and expenses, or on account of any or all suits or damages which may be brought or sustained by any person or property resulting in whole or in part, from the negligent act or omission of any employee, agent, or representative of the Purchaser or from act or omission by any agent or subcontractor of Purchaser and further, Purchaser shall indemnify, hold and save the County, its officers, agents and employees, harmless from any liability of any nature or kind, including cost and expenses, for or on account of any or all suits or damages brought by or sustained by any person or property resulting from Purchaser’s utilization of such agricultural product for livestock feed, irrespective of any lack of negligence or omissions on the part of said employee, agent or representative of the Purchaser.

Section 8. Miscellaneous.

A. Waste and Due Care. Purchaser agrees to perform its harvesting activities in such a manner as to avoid damage or destruction of County property and, in the event of any such waste or damage to the County premises, shall be required to restore and/or replace such damaged property, returning same to its original condition.

B. Communications Contacts. County and Purchaser shall coordinate the detail set forth in this agreement for communications between the Resource Recovery Center Farm Manager or, in his or her absence, the Resource Recovery Center Director, on behalf of the County, and an authorized representative on behalf of the Purchaser.

Section 9. Duration. The parties agree that this Agreement shall have a term of (4) years, covering the 2025 - 2028 alfalfa crops in fields 3, 4, 13, 27, 31A, and 35 as above identified.

By: _________________________________________

Chair, Muskegon County Board of Public Works

Date: _________________

By: ________________________________________________ Representing: ____________________________________

Date: _________________

SITE MAP

Muskegon County Resource Recovery Center Site Map

PROPOSAL CONDITIONS/INSTRUCTIONS TO RESPONDERS

These conditions are an integral part of the request for proposals and the Responder must comply with them.

1. Proposal Submittals

Responder must submit proposals on these forms as requested. Proposals may be submitted electronically through the Bidnet site.

Proposals may also be submitted in a physical package, please call 231-724-6281 to make appointment for delivery/drop-off.

For electronic submittal, proposals may be submitted at the Bidnet site only. Proposal offers sent by other electronic devices are NOT acceptable and will be rejected upon receipt.

A. Responses submitted electronically will be submitted through the online Bidnet Portal at: https://www.bidnetdirect.com/mitn/muskegon-county. Electronic submissions by other methods will not be accepted.

B. Submission materials should be prepared in the file formats listed under Requested Information for this opportunity in the Bidnet Portal.

2. Specification Inquiries / Proposal Procedure Inquiries The sole point of contact concerning the Request for Proposal (RFP) is the Muskegon County Procurement Office at the Bidnet portal at: https://www.bidnetdirect.com/mitn/muskegon-county.

Contacting any other personnel, agent, consultant or representative is Non-Binding and may result in disqualification.

To contact the County of Muskegon or ask questions in relation to this RFP, respondents must register with the Muskegon County’s public purchasing portal at https://www.bidnetdirect.com/mitn/muskegon-county (the “Portal”) and initiate the communication electronically through the Opportunity Q&A. The Organization will not accept any respondent’s communications by any other means, except as specifically stated in this

RFP.

Questions must be submitted no later than the time and date specified on the cover of this document. In the interest of transparency, only written questions will be accepted.

Answers to questions will be posted on https://www.bidnetdirect.com/mitn/muskegon-county

3. Solicitation Opening Solicitations will be opened and the responder names read publicly online via Zoom meeting.

A meeting invite is embedded in the cover page of the solicitation or you can request an invite by sending an email to bids@co.muskegon.mi.us.

4. Clarification Request If the County determines, after the deadline to submit proposals, that a responder’s proposal is not clear, the County reserves the right to issue a request (‘Clarification Request”) to a responder to clarify its proposal. Failure to respond to a Clarification Request may be cause for disqualification.

https://www.bidnetdirect.com/mitn/muskegon-county https://www.bidnetdirect.com/mitn/muskegon-county https://www.bidnetdirect.com/mitn/muskegon-county https://www.bidnetdirect.com/mitn/muskegon-county https://www.bidnetdirect.com/mitn/muskegon-county mailto:bids@muskegoncounty.net

5. Delivery Date

The delivery time or completion date, as stated in the proposal form, shall be the time required to deliver and complete item(s) after the receipt of the order or award of the contract.

Where multiple items appear on the proposal request, the responder/offeror shall, unless otherwise stated by the County, show the delivery time for each item separately.

Provide a tentative timeline in the proposal.

All prices must be FOB Destination, unloaded inside and assembled unless otherwise indicated.

6. Reservations The County reserves the right to discontinue the RFP process at any time for any reason.

The issuance of an RFP, your preparation and submission of a proposal and the County’s subsequent receipt and evaluation of your proposal does not commit the County to award a Contract to you or anyone, even if all the requirements in the RFP are met.

7. Award

The award of a County contract will be made to the responsive and responsible responder who offers the best value to the County. The following criteria may be considered by the County in selecting the best value: a) Ability to perform the service required within the specified time; b) Conformance to specifications; c) The quality of the performance in previous contracts; d) Financial ability to perform the contract; e) Item pricing; f) responder references.

8. Vendor/Respondent Complaints or Protests The County of Muskegon has established administrative procedures for handling vendors complaints in a fair and timely manner. Vendors should observe the following steps in order to file complaints:

Step 1 The vendor must contact the Director of Finance within seven (7) days of the incident about which he or she has a complaint. The Director of Finance will reply verbally or in writing to the vendor after discussion with the County Administrator.

Step 2 If the vendor is dissatisfied with the Director of Finance’s reply, an appeal must be made in writing within seven (7) days to the Muskegon County Board of Commissioners.

9. Freedom of Information Act Proposals will be available for public inspection after the award announcement, except to the extent that a respondent designates trade secrets or other proprietary data to be confidential.

Material designated as confidential must be readily separable from the remainder of the proposal to facilitate public inspection of the non-confidential portion of the proposal. A respondent’s designation of material as confidential will not necessarily be conclusive and the respondent may be required to provide justification why such material should not be disclosed, on request, under the Michigan Freedom of Information Act.

10. Rights to Information Contained in Proposals All Proposals will be considered the property of Muskegon County.

11. Responder Samples, Brochures and Literature

Include brochures, literatures and samples if available. Samples of items when required, must be furnished free of expense to the County and upon request, be returned to the Responder at the Responder’s expense. Samples of selected items may be retained for comparison purposes.

12. Commission Privilege

The Board of Commissioners reserves the right to accept or reject any or all proposals, reserves all rights granted to it by law, reserves the right to waive formalities and to take such action, as it deems necessary in the best interest of the County of Muskegon.

13. Legal Requirements

Federal, State, County and local ordinances, rules and regulations, and policies shall govern development, submittal and evaluation of proposals and disputer about proposals. Lack of knowledge by a Responder about applicable law is not a defense.

14. Forum Selection

Any litigation regarding the agreement or its contents shall be filed in the County of Muskegon, if in a State Court, or in the United States District Court of the Western District of Michigan, if in Federal Court.

15. Execution of Counterparts

The agreement may be executed in any number of counterparts and each such counterparts shall for all purposes be deemed to be an original; and all such counterparts, or as many of them as the parties shall preserve undestroyed; shall together constitute one and the same instrument.

16. Entire Agreement

The final agreement may be altered, amended or modified only by an instrument in writing, executed by the parties to the agreement and by no other means. Each party waives their future right to claim, contest or assert that the agreement was modified, canceled, superseded or changed by any oral agreements, course of conduct, waivers or estoppels.

17. Respondent/Offeror Representation

Each respondent/offeror must sign the proposal with his/her usual signature and shall give his/her full business address on the form provided in this Request for Proposals.

Proposals by partnership shall be signed with the partnership name by one of the members or by an authorized representative. Proposals by corporations shall be signed with the name of the corporation followed by the signature and designation of the president, secretary or other person authorized to bind it in the matter.

18. Subcontracting No portion of this proposal may be subcontracted without the prior written approval by the County. It may be in the best interest of the awardee to subcontract some parts of any given job; however, the successful Respondent will be held responsible by the County for the quality, delivery and all terms and conditions of this proposal.

19. Assignment

Any purchase order awarded shall not be assignable by the successful Respondent without the express written approval of the County and shall not become an asset in any bankruptcy, receivership or guardianship proceedings.

20. Civil Rights

A. The responder assures that in accordance with Title VII of the Civil Rights Act of 1964 (42U.S.C. 2000 et seq.); Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794); Title IX of the Education Amendment of 1972, as amended (20 U.S.C. 1681- 1683 and 1685-1686); the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101 et seq.); the Regulations issued thereunder (45 CFR Parts 80, 84, 86, and 91); the Michigan Persons with Disabilities Civil Rights Act 220 of 1976, as amended; the Handicapper Business Opportunity Act, Public Act 112 of 1988 (MCL 450.791-45.795);

the Qualified Service-Disabled Veteran-Owned Preference, Public Act 91 of 2005 and 133 of 2008 (MCL 18.261); the Americans with Disabilities Act, Public Law 101-336 of 1990 and the ADA Amendments Act public Law 110-325, and the Michigan Elliot-Larsen Civil Rights Act 453 of 1976 that no individual shall, on the grounds of membership in a protected class be excluded from participation, be denied the benefit of, or be otherwise subjected to discrimination under any program or activity provided by this responder.

Assurance is given to the County that good faith efforts will be made to identify and encourage the participation of minority, women, handicapper and disadvantaged business enterprises in contract solicitations. The responder shall incorporate language in all contract awards: 1) prohibiting discrimination against minority, women, handicapper and disadvantaged businesses in subcontracting; and 2) making discrimination a material breach of contract.

B. The responder assures that it meets the requirements of the Drug Free Workplace Act of

1988, 34 CFR Part 85, Sub-Part F.

C. The County of Muskegon operates on an equal opportunity basis in its bidding policy (Title VII of Civil Rights Act of 1964, Equal Opportunity Clause, Executive Order 11246, Chapter 60, Sub-Part A, 60-I.4, Revised Order No. 4). Bidding is open to all interested parties, in compliance with national, state and local laws.

21. Alternates & Deviations

Specifications referred to herein are used to indicate the desired type, and/or construction, and/or operation. An alternate may be offered if deviations from specifications are minor and if all deviations are properly outlined on a separate sheet. Failure to outline all deviations may be grounds for rejection of your proposal.

Alternates must be placed on a separate sheet.

The decision of the County of Muskegon, acting through the Director of Finance or their authorized representative, shall be final as to what constitutes acceptable deviations from specifications.

22. Michigan Iran Economic Sanctions Act, 2012 P.A. 517

Pursuant to the Michigan Iran Economic Sanctions Act, 2012 P.A. 517, by submitting a bid, proposal or response, Respondent certifies, under civil penalty for false certification, that it is fully eligible to do so under law and that it is not an “Iran linked business,” as that term is defined in the Act.

23. Responder Arrears

No proposal shall be accepted from and no contract will be awarded to any person, firm or corporation that is in arrears to the County upon debt or contract that is a defaulter, as surety or otherwise, upon any obligation to the County, or that is deemed irresponsible or unreliable by the County. If requested, respondents/offerors shall be required to submit satisfactory evidence that they have a practical knowledge of the particular supply/service bid and that they have the necessary financial resources to provide the proposed supply/service as described in the Specifications.

24. Material Safety Data Sheet Each Responder shall provide the County of Muskegon with a complete copy of the U.S.

Department of Occupational Safety and Health Administration, Material Safety Data Sheet, (Form OSHA-20) for each product they are using on the project, if hazardous materials are being used.

25. Errors/Omissions/Discrepancies

Any errors, omissions or discrepancies in the specifications discovered by a prospective successful Responder and/or service provider shall be brought to the attention of the Director of Finance as soon after discovery as possible. Further, the successful Responder and/or services provider shall not be allowed to take advantage of errors, omissions or discrepancies in the specifications.

26. Purchase Order A purchase order will be issued to the successful Responder after the proposal has been awarded and a contract has been fully executed with a copy presented to the Purchasing Department. The County of Muskegon shall not be responsible for any goods delivered or services performed without a purchase order issued and signed by the Director of Finance or an authorized representative.

27. Invoices and Payment Terms

Invoices are to be mailed to the County department on the resulting purchase order. All invoices must include the purchase order number. Failure to comply may result in delayed payments. The County payment terms are Net 30 days unless a cash discount is allowed for payments within not less than fifteen (15) days. The payment term shall begin on the date the service/product is accepted by the County and the correct invoice is received in the office specified on the purchase order.

28. Accelerated Pay Discounts Accelerated discounts should be so stated on the proposal form. If quick pay discounts are offered, the County reserves the right to include that discount as part of the award criteria.

Prices proposed must, however, be based upon payment within thirty (30) days after receipt, inspection and acceptance. In all cases, quick pay discounts will be calculated from the date of the invoice or the date of acceptance, whichever is later.

29. Proposal Results Responders who submitted a proposal and who wish to know the results before the award may visit the Bidnet web site at https://www.bidnetdirect.com/mitn/muskegon-county.

30. Taxes Sales and other taxes: Purchases made directly by the County of Muskegon are generally exempt from sales and other applicable taxes. However, goods and services purchased by a Contractor to be used in the construction, alteration, repair, or improvement of property owned by the County may be taxable to the Contractor and Contractor should contact its tax professional for guidance. Notwithstanding, the price bid for contracts will be construed to include all applicable taxes and any such applicable taxes shall be paid directly by Contractor.

31. Gender

For the benefit of brevity, when the pronouns “he” or “his”/“she” or “her” are used, it is not intended to denote the gender of any person.

32. Exceptions

The respondent shall furnish a statement on company letterhead giving a complete description of all exceptions to the terms, conditions and specifications. Failure to furnish the statement will mean that the respondent agrees to meet all requirements of the terms, conditions and specifications.

33. Brand Names

Unless otherwise specified, manufacturer’s names, trade names, information and/or catalog numbers listed in the specifications are intended only to identify the quality and characteristics desired. They are not intended to limit competition. A Responder may offer any equivalent product, which meets or exceeds the specifications. If proposals are based on equivalent products, the proposal must: a) Indicate the alternate manufacturer’s name and catalog number; b) Include complete descriptive literature and/or specifications; and c) include proof that the proposed equivalent will meet the specifications. The County reserves the right to be the sole judge of what is equal and acceptable to meet its needs in all respects.

If respondent fails to name a substitute, goods identical to the specified standard must be furnished.

34. Ownership and Use of Documents

A. All documents prepared in connection with the Submittal will become the property of the County whether any project related to this agreement is executed or not.

B. The successful Responder will retain all of its records and supporting documentation relating to this RFP, and not delivered to the County, for a period of three years, except that in the event the successful Responder goes out of business during that period, it will turn over to the County all of its records relating to the project for retention by the County.

35. Termination for Convenience

Muskegon County may terminate a solicitation or contract, in whole or in part, whenever the County determines that such termination is in the best interest of the County, without showing cause, upon giving notice to the successful Responder. Muskegon County does not pay for cost associated with the solicitation process. Muskegon County shall pay all reasonable costs incurred by the successful Responder up to the date of termination. However, in no event shall the successful Responder be paid any amount, which exceeds the price bid for the work performed. The successful Responder will not be reimbursed for any profits, which may have been earned up to the date of termination.

36. Termination for Default

When the successful Responder has not performed or has unsatisfactorily performed the contract or in the event, any of the provisions of the purchase order are violated, the County may serve written notice of its intention to terminate the contract and/or purchase order for default. Upon termination for default, payment will be withheld at the discretion of Muskegon County. Failure on the part of the successful Responder to fulfill the contractual obligations shall be considered just cause for termination of the contract. The successful Responder will be paid for work satisfactorily performed prior to termination less any excess costs incurred by the County in procuring and completing the work.

37. Termination Due to Unavailability of Funds in Succeeding Fiscal Years

When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal year, the contract shall be canceled and the successful Responder shall be reimbursed for a reasonable value of any non-recurring costs incurred, but not amortized in the price of the supplies or services delivered under the contract.

38. Rights and Remedies of County for Default

If any item furnished by the successful Responder fails to conform to specifications, or to the sample submitted by the successful Responder, the County may reject it. Upon rejection, the successful Responder must promptly reclaim and remove such item without expense to the County, and shall immediately replace all such rejected items with others conforming to such specification and samples. If the successful Responder fails to do so, the County has the right to purchase in the open market a corresponding quantity of any such items and to deduct from any monies due the successful Responder the difference between the prices named in the purchase order and the actual cost to the County. If the successful Responder fails to make prompt delivery of any item, the County has the right to purchase such item in the open market and to deduct from any monies due the successful Responder the difference between the prices named in the purchase order and the actual replacement cost to the County. The rights and remedies of the County identified above are in addition to any other rights and remedies provided by law or under the contract.

39. Avoidance of Conflict of Interest and Confidentiality

The successful Responder may provide consultation services to other government organizations in Michigan and elsewhere. In order to preserve the trust and confidence of their client, the successful Responder must adhere to a set of principles that enables them to perform their work in a manner that is free of real or perceived conflicts of interests. These principles are as follows:

A. The successful Responder will not discuss, distribute or use in any way the data or information acquired in the course of providing services to Muskegon County without prior approval by the County.

B. The successful Responder will not undertake a specific activity, which may be viewed as adverse to the interests of another client without obtaining the agreement of both parties.

C. The successful Responder states that no County officer or employee, nor any business entity in which they have an interest: a) has an interest in the contract awarded; b) has been employed or retained to solicit or aid in the procuring of the resulting contract; c) will be employed in the performance of such contract without immediate disclosure of such fact to the County.

40. Incorporation of Instructions

Proposal conditions/instructions to respondent, specifications/requirements may become part of a contract for this product/service.

41. Debarment

If a respondent is presently debarred, suspended, proposed for debarment, declared ineligible, or otherwise excluded from doing business with any government agency, which prohibits your firm from participating in any procurement, the respondent must provide the County with that information as part of its response to this solicitation. Failure to fully and truthfully provide the information required, may result in the disqualification of your bid from consideration or termination of the purchase order, once awarded.

42. Respondent Registration

Successful Respondent registration, as well as the request for proposal materials, is available on the Bidnet web site at https://www.bidnetdirect.com/mitn/muskegon-county.

43. Bid Deposits

A certified check, cashier check, money order, or bid bond by corporate surety licensed to underwrite bids in the State of Michigan, in the amount of five percent (5%) of the amount of the bid, payable to the County of Muskegon, will be required with each bid.

44. Forfeiture of Bid Guarantees

In the event of the successful Respondent refusing to enter into contract and bonds and proceed with the work or failing to execute the contract and bonds within ten (10) days after formal notification of award, a sum not to exceed five percent (5%) of the amount of the bid shall be forfeited to the County of Muskegon in lieu of performance and as liquidated damages.

45. Performance Bond

The successful Respondent will be required to furnish a satisfactory performance bond in the amount of one hundred percent (100%) of the contract.

46. Proposal Award/Contract Renewal Option The proposal award/contract is for one (1) year with the option to renew for two (2) subsequent years, one year at a time, based on mutual agreement between both parties.

INSURANCE REQUIREMENTS

The successful Responder, and any and all of their subcontractors, shall not commence work under this contract until they have obtained the insurance required under this paragraph, and shall keep such insurance in force during the entire life of this contract. All coverage shall be with insurance companies licensed and admitted to do business in the State of Michigan and acceptable to County of Muskegon. The requirements below should not be interpreted to limit the liability of the successful Responder. All deductibles and SIRs are the responsibility of the successful Responder.

The successful Responder shall procure and maintain the following insurance coverage:

1. Worker’s Compensation Insurance, including Employers’ Liability Coverage, in accordance with all applicable statutes of the State of Michigan.

2. Commercial General Liability Insurance on an “Occurrence Basis” with limits of liability not less than $1,000,000 per occurrence and aggregate. Coverage shall include, but not limited to, the following extensions: (A) Contractual Liability; (B) Products and Completed Operations; (C) Independent Contractors Coverage; (D) Broad Form General Liability Extensions or equivalent, if not already included ; (E) Deletion of all Explosion, Collapse, and Underground (XCU) Exclusions, if applicable.

3. Automobile Liability, including…