26-88 RFP Document.pdf

HOUSING IMPROVEMENT

PROGRAM – LEAD-BASED

PAINT TESTING SERVICES

RFP #26-88

JEFFERSON COUNTY PURCHASING DEPARTMENT

HISTORIC COURT HOUSE, 195 ARSENAL STREET

WATERTOWN, NEW YORK 13601-2565

PH: (315) 785-3077

FAX: (315) 785-7591

Email: Bids@jeffersoncountyny.gov

Date of Notice: August 18, 2026

Notice to Proposers

Sealed Proposals will be received by the Office of the County Purchasing Department electronically via the Jefferson County Purchasing Department’s webpage:

https://www.jeffersoncountyny.gov/departments/Purchasing/OpenSolicitationsandBidOpportunities or in person or via mail at: Jefferson County, 195 Arsenal Street, Watertown, New York 13601, until TUESDAY, SEPTEMBER 1, 2026, AT 2:30PM, EST., for the following:

RFP #26-88 – HOUSING IMPROVEMENT PROGRAM – LEAD-BASED PAINT TESTING SERVICES

Proposals may not be submitted via fax or email, and Proposals received after this deadline will not be eligible for consideration.

Copies of this Proposal may be examined and copies obtained at the County Purchasing Department.

Completed proposals will be reviewed and evaluated by the County in anticipation of the awarding of a contract.

Jefferson County reserves the right to reject and or waive any and all proposals and to waive any irregularities in procedure.

Any questions regarding this Request for Proposal should be submitted in writing (mail, fax or email) to the Jefferson County Purchasing Department at Bids@jeffersoncountyny.gov mailto:Bids@jeffersoncountyny.gov https://www.jeffersoncountyny.gov/departments/Purchasing/OpenSolicitationsandBidOpportunities mailto:Purchasing@jeffersoncountyny.gov

Jefferson County

RFP #26-88

Housing Improvement Program - Lead-Based Paint Testing Services

REQUEST FOR PROPOSALS

Jefferson County has received federal funding from the NYS Office of Community Renewal for a housing rehabilitation program that supports repairs and improvements in existing substandard homes throughout the county. Since the funding has been provided by the U.S. Department of Housing and Urban Development (HUD), these rehabilitation activities are subject to the federal regulations at 24 CFR Part 35, Lead-Based Paint Poisoning Prevention in Certain Residential Structures.

Before any rehabilitation work is done under this program, a Risk Assessment must be conducted in compliance with Section 35.1320 of the federal regulations to identify lead-based paint hazards and determine the appropriate treatment to eliminate those hazards in each property. That inspection must include a “lead hazard evaluation” to identify deteriorated paint surfaces and other conditions that might create lead- based paint hazards (ie: friction surfaces, impact surfaces, chewable surfaces and bare soil areas). Where appropriate, additional inspection, testing or evaluations may be conducted to confirm the presence of lead- based paint and determine the appropriate treatment to reduce lead hazards in the property.

Projects included in this program may involve an investment of more than $25,000 per unit for rehabilitation improvements. “Abatement” of the interior lead hazards will be required in those cases. Otherwise, the rehabilitation work will involve “interim controls” to address lead-based paint hazards that are identified in the Risk Assessment.

1. Risk Assessment Services

Properties that are determined to be eligible for rehabilitation assistance will be referred to one or more companies that are selected to provide Risk Assessments, which must include the following:

a. Dust wipes, soil samples and paint testing using x-ray fluorescence technology or comparable equipment that is capable of identifying lead in multiple layers of paint down to the substrate material without damaging painted surfaces.

b. Two (2) copies of the Risk Assessment Report (including laboratory results) must be provided with one (1) copy to the local Program Coordinator, Neighbors of Watertown, and one (1) copy to the property owner. The Risk Assessment should serve as the written notice that must be given to each occupant of the property within 15 days after the test results are received detailing those results and identifying the person who can be contacted for more information.

c. The County is not seeking clearance testing services at this time. Contractors who are hired by the property owners to complete the rehabilitation activities will be responsible for obtaining clearance testing services for each project.

Neighbors of Watertown will identify the properties where Risk Assessments are to be conducted and provide contact information for the property owners. The Risk Assessor will be responsible for contacting property owners and scheduling the inspections that are required for each project.

2. Work Writeups and Project Supervision Services

For projects where the cost of rehabilitation activities is likely to be more than $25,000/unit, the Risk Assessor will provide a written description of the work required to complete lead “abatement” for all hazards that have been identified in interior habitable spaces and “interim controls” for all other lead hazards on the exterior of the property and in non-habitable spaces. The vendor will also provide project supervision services to assure that the work is completed properly and documentation is collected to prove that the contractor is properly licensed and proper procedures are followed for each project. Those activities are outlined below:

a. A detailed work writeup for all lead-related activities, including “interim controls” and “abatement”, specifying construction methods and special precautions (ie: isolation of the work area, signage, containment, worker protection, cleaning, clearance, etc.) that are required to protect the workers and occupants of the property and comply with applicable federal and state regulations.

b. Review of contractor qualifications, including EPA licenses and documentation of training that is required for the company and for individual supervisors and workers who will be involved in the project. Appropriate documentation will be collected for the Project File that is maintained by the Program Coordinator, Neighbors of Watertown.

c. Monitoring and supervision of lead-related construction activities as required to assure that all work is completed according to the detailed work writeup and in compliance with applicable federal, state and local requirements. This work will include any testing (eg: air monitoring) that might be required to assure safety of the workers and occupants of the property.

d. Supervision of the lead clearance that is required for each project. This work will not include the clearance testing, which is required of each contractor (at their expense) in order to complete the project and request final payment for their activities.

3. General Conditions

The County will select a primary and secondary vendor to provide Risk Assessment and Project Supervision services for the local housing rehabilitation program. In the event that the primary vendor cannot provide service, the secondary vendor will be utilized.

Payment will be made for these services based on invoices submitted by the contractor after the completed reports are provided to the Program Coordinator and each property owner. Contractors should allow 30 days for processing of claims and County approval in its monthly auditing process.

The contract period shall be for three (3) years effective upon date of award.

4. Schedule of Activities

The local housing rehabilitation program is an on-going activity that is supported by annual grants from the NYS Office of Community Renewal. Risk Assessment services are needed for projects that are being developed now; and that need will continue as long as funding is available. It is important that each project move forward without delay. Accordingly, the Risk Assessor will be expected to schedule inspections within two weeks and provide the Risk Assessment Report within four weeks after each project is referred. Future referrals may be jeopardized if the risk Assessor fails to meet that schedule for any project.

5. Selection Criteria

Contractors will be selected to provide Risk Assessment services by the Procurement by Federal Proposals method outlined in the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200.317-200.327), which details procurement standards applicable to federally-assisted projects, and/or General Municipal Law. Proposals will be reviewed according to the following criteria:

• Experience - Relevant experience of the firm that is submitting the proposal.

• Technical Capacity - Technical skills of the individuals who will provide the services.

• Fee Proposal - Cost to the County for those services

Two separate proposals are requested: 1) lead testing and risk assessments that will be required before each project is bid; and 2) preparation of a detailed work writeup and project supervision services for projects that require lead abatement (includes projects where the cost of rehabilitation activities is more than $25,000/unit). Proposals will be accepted for lead testing only and those vendors may be used for projects that involve “interim controls” with no lead “abatement”. Vendors who submit proposals for preparation of work write-ups and project supervision must also submit acceptable proposals for lead testing and risk assessment services.

Under the federal regulations, preference may be given to qualified Section 3 businesses and certified minority or woman owned companies. A completed Section 3 Report should be included with each proposal together with documentation of M/WBE status, if applicable.

The County reserves the right to waive any informalities in the selection process and to reject any or all proposals at its option. Additional information may be requested during the review and selection process.

Qualified firms who wish to be considered must submit the following materials and any other information they feel is relevant to their proposal:

• An outline of qualifications and relevant certifications, accreditations, training, etc.

• A sample Risk Assessment Report for a single family residence.

• A fee proposal for Risk Assessment services.

Proposals must be submitted before 2:30 P.M. on TUESDAY, SEPTEMBER 1, 2026. We may request samples of recent risk assessments from any company that is being considered for this work. Please contact the Purchasing Department (315/785-3077) if you have any questions or need additional information.

Jefferson County is an equal opportunity employer.

Minority and woman-owned businesses and Section 3 businesses are strongly encouraged to respond to this Request for Proposal.

INSTRUCTIONS TO PROPOSERS

A. DOCUMENTS

A complete set of documents shall be used to prepare a response to this request. The County does not assume responsibility for errors or misinterpretations resulting from the use of incomplete sets of the documents which make up this request. A complete set of documents may be examined or obtained from the Jefferson County Purchasing Department. If submitting by mail or in person, proposals should be in a sealed envelope marked with the name of the RFP and the words “SEALED PROPOSAL” written on the outside of the envelope.

Please submit two (2) copies - one (1) original unbound and one (1) copy.

B. GENERAL INFORMATION

An RFP defines the situation for which the services are required, how they are expected to be used and/or problems that they are expected to address. Proposers are invited to submit solutions which will result in the satisfaction of the County’s objectives in a cost-effective manner. The proposed solutions are evaluated against a predetermined set of criteria of which price may, but may not always be the primary consideration.

The County has endeavored to incorporate within these specifications all the elements which it reasonably anticipates will be required to accomplish the intended objectives set forth in this Request for Proposal. In submitting a proposal, the Proposer is agreeing to provide services consistent with these specifications.

Anything not specifically noted but deemed necessary for the operation of the proposal solution should be included in all proposals. If a Proposer identifies an additional element which in its judgement would be essential to accomplish the intended objectives of this RFP, the Proposer should explain in detail why the County should consider including this element within the Request for Proposals. Conversely, if a Proposer identifies a task in the RFP which could be modified or deleted without impacting the objectives of the RFP, the Proposer should provide an explanation as to why the task should be deleted or modified. The County reserves the right to accept or reject the addition, deletion or modification of an element of these specifications.

Formal requests for clarification or questions regarding this Request for Proposal should be submitted via email to the Jefferson County Purchasing Department, 195 Arsenal Street, Watertown, New York 13601, at bids@jeffersoncountyny.gov. Any information given to a Proposer in response to a formal request will be furnished to all Proposers as an amendment to this solicitation if such information is deemed necessary for the preparation of uniform proposals. Only such amendments when issued by the County Purchasing Department will be considered as being binding on the County. Verbal explanations or instructions given by a County employee, consultant, etc, to a Proposer regarding this solicitation shall not be binding on the County, and shall be considered informal unless confirmed in writing by the Purchasing Department. The County will issue no response to any request for clarification received later than Thursday, August 27, 2026 at 2:30pm EST.

PLEASE NOTE THAT THE COUNTY WILL NOT PROVIDE VERBAL RESULTS OF ANY RFP. REQUESTS FOR COPIES OF THE FINAL AWARD OR RELATED DOCUMENTS MUST BE SUBMITTED IN WRITING (EMAIL IS ACCEPTABLE) TO THE JEFFERSON COUNTY PURCHASING DEPARTMENT ATBids@jeffersoncountyny.gov RESPONSES WILL

BE PROVIDED AS SOON AS POSSIBLE.

While it is the County’s express intention to issue a fair and competitive document, the County reserves the right to waive specific requirements of this solicitation when such waiver is deemed to be in the County’s best interest. This Request for Proposal does not commit the County of Jefferson to award a contract or pay any costs incurred by a Proposer in the preparation of a proposal. Any Proposer who submits a proposal in response to this solicitation does so at their own expense including attendance at subsequent meetings to discuss their proposal.

C. EVALUATION – AWARD

All proposals received in response to this RFP will be evaluated to determine if they are complete and meet the requirements specified in this RFP. After determining that a proposal satisfies the requirements stated in the RFP, a comparative assessment of the relative benefits and deficiencies of the proposal in relationship to the mailto:Purchasing@jeffersoncountyny.gov published evaluation criteria will be made using subjective judgement. The award of a contract shall be based on the best proposal received in accordance with the evaluation criteria described below, and whose offer is judged to be the most advantageous to the County. If needed, additional information, and/or interviews may be requested.

Proposal will be evaluated based on the following criteria:

• Experience - Relevant experience of the firm that is submitting the proposal.

• Technical Capacity - Technical skills of the individuals who will provide the services.

• Fee Proposal - Cost to the County for those services

The County of Jefferson reserves the right to accept or reject any or all proposals, (in whole or in part), received to waive any technical defect, qualification, omission, informality, or irregularity, to negotiate with all qualified Proposers, or to cancel in part or in its entirety this Request for Proposal if it is deemed in the best interests of the County to do so.

The County of Jefferson may award a contract based upon the proposals received without discussion of such proposals with Proposers. Each proposal should therefore be submitted with the most favorable terms the Proposer can make to the County.

D. QUALIFICATIONS

Each Proposer must be prepared to present satisfactory proof of his capacity and ability to successfully complete the requirements of this solicitation.

The County reserves the right to make whatever investigations or inquiries necessary to determine the competency and ability of any Proposer to complete the requirements of this solicitation. A review may include but not be limited to inspection of the Proposer’s facilities and equipment, references or previous contract performance with the County or others.

E. DISQUALIFICATION

The County reserves the right to reject any proposal for any of the following reasons:

• Failure to satisfy the requirements of this RFP.

• Failure to settle outstanding bills for labor or materials related to previous contracts with the County.

• The Proposer defaulted under previous contracts with the County.

• If it is determined that the Proposer is already obligated for the performance of other work which would delay the commencement, prosecution, or completion of the services required.

• Lack of sufficient personnel, assets, or financial resources necessary to provide the services successfully as revealed by either financial statements or experience.

• Evidence of Collusion among Proposers.

• The Proposer cannot satisfy the County as to ability to perform.

F. NO MISUNDERSTANDING

Prior to submission of a proposal, it is the responsibility of each Proposer to become familiar with the requirements of this RFP. No Proposer may plead misunderstanding or deception because of the misinterpretation of estimates, scope of work, or other issues related to this request.

G. FORM OF CONTRACT

The County intends to issue its own contract or a formal Purchase Order(s) to initiate and authorize the services included in this RFP. The final contract will involve, at a minimum, the terms and conditions set forth in this Request for Proposal including the general conditions, and may include those reflected in the specific proposal submitted. The content shall be the exclusive source of the Proposer’s rights and remedies and shall supersede any and all prior writings, negotiations or agreements of any kind.

The Terms and Conditions that govern all Purchase Orders issued by Jefferson County are available on the Purchasing Department link of the County’s Website at www.jeffersoncountyny.gov.

H. CANCELLATIONS

The County of Jefferson retains the right to cancel the contract resulting from this RFP without cause provided the Contractor is given at least thirty (30) days notice of intent to cancel. This provision should not be understood as waiving the County’s right to terminate the contract for cause or stop work immediately for unsatisfactory work, but is supplementary to that provision. The County shall have the right to postpone, suspend, abandon, or terminate the contract and such action shall be in no event deemed as 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 the contract, including, but not limited to guarantees, warrantees, 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 and shall fix the value of the work which was performed by the Contractor prior to postponement, suspension, abandonment, or termination of the contract. This clause does not apply if the contract contains other provisions applicable to the postponement, suspension, or termination.

In the event that the County chooses to discontinue this contract by either termination or not extending the contract, the Proposer will remove all its equipment from the facilities without charge. The removal of equipment and disconnecting of service process will occur during the implementation of the new system with minimal interruption of services to this facility. It will be necessary that the incumbent vendor cooperate with the new vendor during the implementation of the new system.

I. CONTRACT TERM

The initial contract term shall be for a period of three (3) years effective upon date of award.

GENERAL CONDITIONS

In submitting a proposal, a Proposer agrees to be bound by the requirements set forth in the following general conditions. Whenever reference is made to the term “contractor” this shall include the party with whom the County has entered into an agreement, as well as any subcontractors whom the Proposer has engaged to complete portions of this Contract.

A. The Proposer certifies that the price proposal has been identified independently, without collusion, consultation, communication or agreement for the purposes of restricting competition or any matter relating to such prices with any other Proposer or Competitor.

B. No employee of Jefferson County has any direct or indirect interest in the award of a contract for he services set forth in this Request for Proposal. The Proposer warrants to the best of his 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 Proposer has disclosed all such relevant information to the County. An organizational conflict of interest exists when the nature of the work to be performed under a contract may, without some restriction of future activities, either result in an unfair competitive advantage to the Proposer or impair a Proposer’s objectivity in performing the work for the County. The Proposer agrees that if any actual or potential organizational conflict of interest is discovered after the award, the Proposer will make a full disclosure in writing to the County. This disclosure shall include a description of actions which the Proposer has taken or proposes to take after consultation with the County to avoid, mitigate, or minimize the actual or potential conflict. The County may terminate the contract in whole or in part if it deems such termination necessary to avoid an organizational conflict of interest. If the Proposer 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 the contract.

The County may terminate any agreement if it is determined that gratuities in the form of entertainment, gifts, or otherwise were offered or given by a Proposer or representative to any County official or employee. The County may also terminate any contract if it is determined that the successful Contractor engaged in any other illegal or improper scheme that may imply favoritism or unfairness incidental to the solicitation process or the performance of the agreement. In the event that it is determined that said improper or illegal acts occurred, the County shall be entitled to terminate the agreement and/or exercise any other remedy available to it under existing law.

C. It is agreed that the successful Contractor will be responsible for any loss, personal injury, death, or other damage that may be done or suffered by reason of the Contractor’s negligence, or failure to perform any of the obligations defined by this RFP, and the Contractor hereby agrees to defend, indemnify and save the County harmless for any loss, cost, damages and other expenses suffered by the County by reason of the Contractor’s negligence or failure to perform any of the set obligations.

The Contractor agrees to defend the County in any action or suit brought against the County arising out of the Contractor’s negligence, errors, acts or omissions. The negligence of any agent, servant or employee of the Contractor is deemed to be negligence of the Contractor within the meaning of this paragraph.

D. Proposers may utilize subcontractors to complete the project provided that the Proposer is required to provide any information concerning such subcontractors requested by the County. In the event that a contract is awarded to a Proposer choosing to utilize a subcontractor, the successful Proposer will be responsible for ensuring that the subcontractors meet the requirements of this Request for Proposal and the contract between the County and the successful Proposer.

E. It is understood that the successful Proposer is an independent Contractor and shall not be considered an agent of the County, nor shall any of the Proposer’s agents or employees be considered subagents for the County.

F. The successful Proposer shall without additional expense to the County be responsible for complying with any and all applicable laws, codes, and regulations in connection with the goods and services identified in this proposal. The County fully complies with the regulatory requirements, spirit, and intent of Affirmative Action and Equal Opportunity Employment. The successful Proposer agrees to comply with the non-discrimination and employment practices as required by applicable State and Federal laws and regulations regarding employment discrimination. The Proposer assures the County that in accordance with applicable law: it does not and agrees that it will not discriminate in any manner on the basis of age, color, creed, national origin, race, religious beliefs, sexual preference or handicap. The Laws of New York State shall apply in construing any and all provisions of the RFP and resulting agreement.

G. Pursuant to the provisions of Section 109 of the General Municipal Law, no Proposer to whom a contract is awarded shall assign, transfer, convey, subcontract, or otherwise dispose of all or part of such contract, or of his right, title, and interest herein, including the performance of the contract or the right to receive monies due, or to become due, or of his power to execute the contract without the prior written consent of the Jefferson County Purchasing Department. In the event the Proposer shall, without prior written consent, assign, transfer, convey, subcontract or otherwise dispose of the contract, or of his right, title, and interest herein, including the performance of the contract, or the right to receive monies due, or to become due, or his power to execute such contract, to any other person or corporations or upon receipt by Jefferson County of an attachment against the Proposer, the County of Jefferson shall be relieved and discharged from any and all liability and obligation growing out of such contract to such Proposer and the person or corporation to which such contract shall have been assigned, his assignees, transferees, or sublessee shall forfeit and lose all monies theretofore assigned on this contract, except so much as may be required to pay his employees.

H. The exclusive means of disposing of any dispute arising as a result of contract award which is not disposed of by agreement, shall be decided in a New York State Court of competent jurisdiction located within Jefferson County. There shall be no right to binding arbitration. Pending final resolution of the dispute, the successful Proposer must proceed diligently with contract performance.

The Proposer waives any dispute or claim not made in writing and received by the County within thirty

(30) days of the occurrence giving rise to the dispute or claim. The claim must be in writing for a sum certain, and any money requested must be fully supported by all documentation acceptable to the County.

The performance of work under the contract may be terminated by the County in whole or in part, effective upon receipt of notice whenever the successful Proposer defaults in performance of the contract, or fails to make progress in prosecution of the contract work, or endangers such performance and fails to secure such default within a ten (10) day period after receipt of notification from the County specifying the default.

I. Insurance Requirements: : In order to be considered for selection to provide the services requested by this solicitation, the company submitting a proposal must agree to not limit professional, general, or other liability to an amount less than the limits of the required insurance coverage stipulated in this document.

CONTRACTOR shall maintain or cause to be maintained, in full force and effect during the term of this Agreement, at its expense, Workers' Compensation Insurance, Employer's Liability Insurance, Disability Insurance, Commercial General Liability Insurance, Motor Vehicle Liability Insurance and Professional Liability Insurance, and other insurance with stated minimum coverages, all as listed below. Such policies are to be in the broadest form available on usual commercial terms, shall be written by insurers licensed to do business in the State of New York and which have an A.M. Best Rating of A(-) or better as determined in the most recent A.M. Best publication, and who have been fully informed as to the nature of the SERVICES to be performed, and shall cover risks and liability to CONTRACTOR resulting from this Agreement. Commercial General Liability shall include personal injury liability.

The COUNTY, its officers, employees, and agents shall be named as additional insureds on a primary and non-contributory basis on CONTRACTOR’S Commercial General Liability and Motor Vehicle Liability policies. In addition, a waiver of subrogation shall apply in favor of the COUNTY, its officers, employees and agents on CONTRACTOR’S Commercial General Liability, Motor Vehicle Liability and Professional Liability policies.

It is further understood that any obligations imposed upon the insured (including, without limitation, the liability to pay premiums) shall be the sole obligation of CONTRACTOR and not those of the COUNTY.

Notwithstanding anything to the contrary in this Agreement, CONTRACTOR irrevocably waives all claims against the COUNTY for all losses, damages, claims or expenses resulting from risks commercially insurable under this insurance described in this Section. The provision of insurance by CONTRACTOR shall not in any way limit CONTRACTOR's liability under this Agreement.

MINIMUM Limits of coverage

Workers' Compensation Statutory and NYS Disability

Business Automobile Liability $1,000,000 Combined Single Limit (Combined Bodily Injury and Property Damage arising out of the ownership, operation, use, loading or unloading of all owned, leased, hired and non-owned vehicles)

$1,000,000 Each Occurrence $2,000,000 General Aggregate Limit $2,000,000 Products-Completed Operations $1,000,000 Advertising/Personal Injury $5,000 Premises Medical Payment

Professional Liability $2,000,000 Aggregate

$1,000,000 Each Claim

If CONTRACTOR fails to procure insurance for the COUNTY as required, recoverable damages shall not be limited to the cost of premiums for such additional insurance, but shall include all sums expended, and damages incurred by COUNTY, and their respective insurers, which would have otherwise been paid by the CONTRACTOR’S required insurance.

Each policy of insurance required herein shall be specifically endorsed to provide that in the event of cancellation, non-renewal, or material change on the part of the insurer, prior written notice shall be provided to COUNTY in accordance with the terms of the CONTRACTOR'S policy. The inclusion of such endorsement shall be confirmed on the certificates of insurance required herein.

At the time of execution of this Agreement, and upon each policy renewal, CONTRACTOR shall submit to COUNTY certificates of insurance evidencing CONTRACTOR's compliance with the requirements of this Section, including certificates of insurance from any approved subcontractors. The CONTRACTOR shall furnish the appropriate ACORD Form Certificate of Insurance to COUNTY to evidence all coverage set forth above except Workers' Compensation and Disability Insurance. A copy of the additional insured and waiver of subrogation endorsement forms must be submitted with the insurance certificates.

Workers' Compensation coverage must be evidenced by Form C105.2 or New York State Insurance Fund Form U26.3. Disability Insurance coverage must be evidenced by Form DB120.1.

Type of Coverage

Commercial General Liability, (including Broad form contractual Liability, combined bodily injury and property damage)

REQUIRED EXTENDED REPORTING COVERAGE FOR CLAIMS BASED POLICIES

In the event that CONTRACTOR'S Professional Liability Policy is a “claims made” policy, and coverage thereunder is cancelled or otherwise not renewed, and such policy is not replaced with another “claims made” Professional Liability Policy which provides continuing, uninterrupted coverage, CONTRACTOR shall be required to purchase extended reporting coverage for a minimum of three (3) years after completion of all work required of CONTRACTOR under this Agreement.

In the event that CONTRACTOR'S Commercial General Liability Policy is a “claims made” policy (and regardless of whether it is part of the coverage provided under CONTRACTOR'S Professional Liability Policy or is a separate policy), and coverage thereunder is cancelled or otherwise not renewed, and such policy is not replaced with another “claims made” Commercial General Liability Policy which provides continuing, uninterrupted coverage, CONTRACTOR shall be required to purchase extended reporting products-completed operations coverage for a minimum of three (3) years after completion of all work required of CONTRACTOR under this Agreement.

REQUIRED MINIMUM RETROACTIVE DATE FOR CLAIMS BASED POLICIES

In the event that CONTRACTOR'S Professional Liability Policy is a “claims made” policy, the retroactive date for such policy must be at least one (1) year prior to the commencement date of this Agreement and must be shown on the appropriate ACORD Form Certificate of Insurance furnished to COUNTY.

In the event that CONTRACTOR'S Commercial General Liability Policy is a “claims made” policy (and regardless of whether it is part of the coverage provided under CONTRACTOR'S Professional Liability Policy or is a separate policy), the retroactive date for products-completed operations coverage under such policy must be at least one

(1) year prior to the commencement date of this Agreement and must be shown on the appropriate ACORD Form Certificate of Insurance furnished to COUNTY.

J. Indemnification. CONTRACTOR agrees to indemnify, defend and hold harmless COUNTY, and its officers, employees and agents from and against any and all claims, liens, demands, judgments, penalties, fines, liabilities, settlements, damages, costs and expenses of whatever kind or nature (including, without limitation, attorneys’ fees and disbursements), known or unknown, contingent or otherwise, whether incurred as a result of a claim by a third party or any other person or entity, arising out of or in any way related to: (a) the work or operations of CONTRACTOR in the performance of this Agreement; or (b) CONTRACTOR’S failure to comply with any of the provisions of this Agreement or of the Law. Insofar as the facts and Law relating to any claim would preclude COUNTY or its officers, employees or agents, from being completely indemnified by CONTRACTOR, COUNTY and its officers, employees and agents, shall be partially indemnified by CONTRACTOR to the fullest extent permitted by Law.

The acts or omissions of any party employed directly or indirectly by CONTRACTOR, shall be deemed to be that of CONTRACTOR for the purposes of the CONTRACTOR’s obligations to defend, indemnify and hold harmless under this Section. The fact that a party so employed by CONTRACTOR is alleged to or is proven to have acted outside the scope of employment, agency or contract, shall not relieve CONTRACTOR of any of its duties under this Section.

K. The County is a duly authorized agent and shall have access to and have copies of the successful

Proposer’s records, including any books, computer tapes, discs or programs, or material pertaining to work performed under the contract at no cost to the County to determine or verify the compliance with all contractual conditions. The County shall be granted access to such records at all reasonable times during the contract period and for three (3) years thereafter.

L. By submission of a proposal under this solicitation, the Proposer agrees that the County has sixty (60) days acceptance time in which to award a contract. The County reserves the right to reject as non-responsive any offer that specifies less than sixty (60) days of acceptance time.

A Proposer may withdraw its proposal at any time prior to the submittal deadline by submitting a request to do so in writing to the County Purchasing Department. Any proposal received by the County and not withdrawn becomes an irrevocable offer for a period of sixty (60) days after the submittal date. All signatures on proposals, amendments, and correspondence must be made by persons who are authorized to contractually bind the Proposers.

M. FOIL: Submission of a bid or proposal to Jefferson County shall be deemed consent for the proposal to be publicly identified, and the information contained therein shall be deemed a matter of public record unless such information is designated by the party submitting the bid or proposal as trade secrets or other information allowed to be kept confidential pursuant to the Public Officers' Law of the State of New York.

All material submitted in response to this RFP becomes the property of the County and will be considered public records after the award of the contract. Proposals shall not be shared with any competing offerors during the selection phase of this procurement; however, after award of the contract to the successful offeror, proposals received in response to this Request for Proposal may be subject to disclosure under a provision of the Freedom of Information Act. Information in proposals that is clearly identified as proprietary will not be disclosed at any time. Blanket statements that all contents of the proposal are confidential and proprietary will not be honored by the County. The New York State Freedom of Information Law (FOIL), as set forth in Public Officers Law, Article 6, mandates public access to certain government records. Generally, proposals submitted in response to this RFP may constitute government records subject to FOIL. Proposals may contain, among other things, certain technical, financial, or other data and information that constitute trade secrets, if publicly disclosed, could cause substantial injury to the commercial enterprise’s competitive position. To protect this information from disclosure under FOIL, Proposers should specifically identify the pages of the proposal that contain such information by properly marking the top of the applicable pages as “CONFIDENTIAL” and inserting the following statement in the front of its proposal:

The information or data on pages__________ of this proposal, identified on the top thereof as “CONFIDENTIAL”, contain financial, technical, or other information which constitute government records subject to FOIL. Proposals may contain, among other things, certain technical, financial, or other data and information that constitute trade secrets, if publicly disclosed, could cause substantial injury to the commercial enterprise’s competitive position. We request that the County use such information only for the evaluation of this proposal but we understand that the Authority must comply with the provisions of the New York State Freedom of Information Law (FOIL) and public disclosure of the information contained in this proposal whether or not marked as “CONFIDENTIAL”, and to make no claim for any damages as a result of any such disclosure by the County pursuant to FOIL.

In the event the County receives a FOIL request for disclosure of information marked as “CONFIDENTIAL”, the Proposer shall be notified of the request and may expeditiously submit a detailed statement and explanation indicating the reasons the Proposer has for believing that the information requested is exempt from disclosure under the law. This detailed statement and explanation shall be used by the County in making its determination as to whether disclosure is required under the law.

"When submitting a proposal for consideration, unless otherwise noted, all proposers understand that Jefferson County may reject all submissions that are marked "confidential" either substantially or in their entirety (other than narrowly defined data considered a 'trade secret'. All submissions are considered non public information until the evaluation is complete and a Contract or Purchase Order is issued. At that point all submissions become public record."

N. Non-Appropriations Clause. The awarding of a contract for the work outlined in this Request for

Proposal is subject to the appropriation of funds and approval by the Jefferson County Board of Legislators. Any agreement between the County and the successful Proposer shall be executory only to the extent of the monies appropriated therefore. Contract award decisions will be made public as soon as possible. Proposers should not assume that their proposal has been approved until the receipt of official notification from the County of Jefferson. Neither this solicitation nor any representation by any public employee or office creates any legal or moral obligation to request, appropriate, or make available monies for the purpose of this solicitation.

In accordance with New York State General Municipal Law, the County of Jefferson will not be liable for purchases or contracts for goods or services for which funding is not available. As a result, the Vendor/Proposer agrees to hold the County harmless for any contracts let for which funding either does not currently exist or for which funding has been removed prior to the issuance of a purchase order by the County. Issuance of a purchase order by the County indicates that the County currently has and has set aside adequate funds to procure the goods and services indicated in the purchase order or contract. Should it become necessary for the County to cancel a project or purchase after an order to proceed or purchase order has been issued, the County will only be liable for and the Vendor/Proposer agrees to only assess those financial damages that it can prove to have incurred as a result of the cancellation.

O. Iranian Energy Sector Divestment. Proposer hereby represents that said Proposer is in compliance with New York State General Municipal Law Section 103-g entitled “Iranian Energy Sector Divestment”, in that said Proposer has not:

1. Provided goods and services of $20 Million or more in the energy sector of Iran including but not limited to the provision of oil or liquified natural gas tankers or products used to construct or maintain pipelines used to transport oil or liquified natural gas for the energy sector of Iran; or

2. Acted as a financial institution and extended $20 Million or more in credit to another person for forty-five days or more, if that person’s intent was to use the credit to provide goods or services in the energy sector in Iran.

Any Proposer who has undertaken any of the above and is identified on a list created pursuant to Section 165-a (3)(b) of the New York State Finance Law as a person engaging in investment activities in Iran, shall not be deemed a responsible Proposer pursuant to Section 103 of the New York State General Municipal Law.

Except as otherwise specifically provided herein, every Proposer submitting a proposal in response to this Request for Proposals must certify and affirm the following under penalties of perjury:

1. “By submission of this proposal, each Proposer and each person signing on behalf of any Proposer certifies, and in the case of a joint proposal, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief, that each Proposer is not on the list created pursuant to NYS Finance Law Section 165-a (3)(b).”

Jefferson County will accept this statement electronically in accordance with the provisions of

Section 103 of the General Municipal Law.

Except as otherwise specifically provided herein, any Proposal that is submitted without having complied with subdivision (a) above, shall not be considered for award. In any case where the Proposer cannot make the certification as set forth in subdivision (a) above, the Proposer shall so state and shall furnish with the request a signed statement setting forth in detail the reasons therefore. The County reserves its rights, in accordance with General Municipal Law Section 103-g to award the Proposal to any Proposer who cannot make certification, on a case-by-case basis under the following circumstances.

1. The investment activities in Iran were made before April 12, 2012, the investment activities in Iran have not been expanded or renewed after April 12, 2012, and the Proposer has adopted, publicized and is implementing a formal plan to cease the investment activities in Iran and to refrain from engaging in any new investments in Iran; or

2. The County of Jefferson has made a determination that the goods or services are necessary for the County to perform its functions and that, absent such an exemption, the County of Jefferson would be unable to obtain the goods or services for which the proposal is offered. Such a determination shall be made by the County in writing and shall be a public document.

P. Sexual Harassment. By submission of this proposal, each proposer and each person signing on behalf of any proposer certifies, and in the case of a joint proposal each party thereto certifies as to its own organization, under penalty of perjury, that the proposer has and has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees. Such policy shall, at a minimum, meet the requirements of section two hundred one-g of the labor law. Where competitive solicitation is not required, state departments and agencies may, at their discretion, require the above certification.

A model policy and training has been created by the NYS Department of Labor and can be found here:

https://www.ny.gov/programs/combating-sexual-harassment-workplace

Q. Reservation of Rights

The County reserves the right to:

1. Reject any and all proposals received in response to this RFP.

2. Withdraw the RFP at any time.

3. Award a contract under the RFP in whole or in part.

4. Disqualify any proposer whose conduct and/or proposal fails to conform to the requirements of the RFP

5. Seek clarification of proposals.

6. Prior to the opening, amend the RFP to correct errors or oversights or to provide additional information

7. Change any of the scheduled dates.

8. Waive any requirements that are not deemed to be material.

9. Negotiate with the successful proposer within the scope of the RFP and in the best interests of the County

10. Conduct contract negotiations with the next successful proposer, should the County be unsuccessful in negotiating with the selected proposer

11. Request best and final offers.

https://www.ny.gov/programs/combating-sexual-harassment-workplace

PROPOSAL CERTIFICATIONS

Firm Name: _____________________________________________________________________________________

Business Address: ________________________________________________________________________________

Telephone Number: ____________________________ Fax Number: _____________________________________

Email: ________________________________________ Federal ID Number: _______________________________

I. General Proposal Certification

The proposer certifies that he will furnish, at the prices herein quoted, the materials, equipment, and/or services as proposed on this RFP.

Any deviation to specifications is fully explained and attached. By signing and submitting this proposal for consideration to the County of Jefferson, the vendor acknowledges that they have read, understand, and agree to the specifications as presented without reservation or alteration.

Deviations: Yes___________ No __________

II. Non-Collusive Proposal Certification

By submission of this proposal, the proposer certifies that he is complying with Section 103-d of the General

Municipal Law as follows:

Statement of non-collusion in bids and proposals to political subdivision of the state. Every bid or proposal hereafter made to a political subdivision of the state or any public department, agency or official thereof where competitive solicitations are required by statute, rule, regulation, or local law, for work or services performed or to be performed or goods sold or to be sold, shall contain the following statement subscribed by the proposer and affirmed by such proposer as true under the penalties of perjury: Non-collusive proposal certification.

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

(1) The prices in this proposal 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 proposer or with any competitor.

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

(3) No attempt has been made or…