26-97 RFP Document.pdf

COMMUNITY DEVELOPMENT

CONSULTING & TRANSITION

SERVICES FOR JEFFERSON

COUNTY

RFP #26-97

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: October 30, 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 FRIDAY, NOVEMBER 13, 2026, AT 3:00PM, EST., for the following:

RFP #26-97 –

COMMUNITY DEVELOPMENT CONSULTING & TRANSITION SERVICES FOR JEFFERSON COUNTY

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.

All questions regarding this RFP should be submitted via the Jefferson County Purchasing Department’s bid portal at https://vendors.planetbids.com/portal/69610/portal-home. Vendors must log in to their vendor profile to access or submit questions. Vendors may register for a vendor profile at any time at no cost.

mailto:Bids@jeffersoncountyny.gov https://www.jeffersoncountyny.gov/departments/Purchasing/OpenSolicitationsandBidOpportunities

COMMUNITY DEVELOPMENT CONSULTING & TRANSITION SERVICES FOR JEFFERSON COUNTY

DETAILED SPECIFICATIONS

Introduction and Purpose Jefferson County, through its Department of Planning and Community Development, is soliciting proposals from qualified consultants to provide comprehensive technical assistance, strategic guidance, and program support for its federally funded housing programs. The County is undergoing a significant administrative and programmatic transition, including shifting its housing priorities, transferring administrative responsibilities entirely in-house from an external administrator (the Development Authority of the North Country), and onboarding a newly created Senior Planner/Housing Specialist.

The County seeks a consultant to serve as a knowledgeable, collaborative technical resource throughout this transition. The selected consultant will ensure continuity of operations, maintain regulatory compliance, and provide hands-on training to help the Department build the internal expertise and administrative systems needed for effective long-term program management.

Program Overview Jefferson County serves as the lead jurisdiction for the North Country HOME Consortium, which receives approximately $950,000 annually through the HUD HOME Investment Partnerships Program. The County also administers HOME-ARP and Community Development Block Grant (CDBG) funding.

Historically, the HOME program prioritized non-profit-administered homeowner rehabilitation and homebuyer assistance. Beginning in the 2027 program year, the County anticipates a significant programmatic pivot toward a targeted, project-based model that emphasizes municipal partnerships and investments in multi-family rental housing. The consultant will be expected to understand this evolving context and provide services responsive to both immediate administrative needs and longer-term strategic objectives.

County Transition Priorities The County prioritizes a structured, orderly transition of program records, workflows, and institutional knowledge from the external administrator to County staff. Because the County created a new dedicated Senior Planner (Housing Specialist) to lead program oversight, the consultant's primary focus will be providing targeted, hands-on training for this position.

The County expects the consultant to proactively assess existing administrative practices, identify operational gaps, and establish practical internal controls for financial management, compliance monitoring, and reporting. The ultimate priority is to systematically strengthen internal capacity and reduce reliance on external administrative support over time.

Eligible Applicants and Consultant Qualifications This solicitation is open to competent professionals or consulting firms with a minimum of five (5) years of experience administering HUD-funded programs (specifically HOME and CDBG) for an entitlement community.

Qualified respondents must demonstrate technical proficiency in federal program administration, a thorough knowledge of all applicable federal statutes and HUD regulations, and familiarity with HUD systems including IDIS, SAGE, HEROS, and DRGR.

Offerors must also have a proven track record of developing at least two Consolidated Plans, five Annual Action Plans, and three CAPERs. The County will give particular consideration to consultants with experience assisting local governments through administrative transitions, building internal staff capacity, and implementing new housing strategies.

Scope of Services The County requires assistance across the following primary functional areas over a one-year contract term:

• General HUD Program Technical Assistance: Facilitate the transfer of institutional knowledge, organize program records, and provide ongoing technical guidance and staff training designed to strengthen internal capacity.

• Housing Strategy & Program Development: Review and recommend revisions to program manuals, funding criteria, and project selection procedures to align with the new emphasis on municipal partnerships and multi-family rental housing.

• Part 58 Environmental Review Records: Prepare ERRs in accordance with 24 CFR Part 58 utilizing HEROS, and draft required public notices (FONSI, Request for Release of Funds).

• Federal Reporting (Plans & CAPER): Assist with amendments to the 2027–2029 Consolidated Plan, draft subsequent Annual Action Plans, and prepare the Consolidated Annual Performance and Evaluation Report (CAPER).

• IDIS Maintenance: Assist with the maintenance, reconciliation, and reporting of program activities through the Integrated Disbursement and Information System.

• HOME Underwriting & Subsidy Layering: Provide underwriting and subsidy layering reviews for proposed HOME-assisted activities to evaluate project feasibility, financial sustainability, and the appropriate level of federal assistance.

• Compliance Oversight: Guide the County on subrecipient monitoring, long-term affordability tracking, and applicable requirements, including Davis-Bacon labor standards and Section 3.

Available Funding and Pricing Structure The contract will be for a term of one (1) year, with the County reserving the right to extend for up to four additional one-year periods. Offerors must submit pricing using the County's provided Remuneration Schedule.

Proposals must include:

• An hourly rate for General HUD Programs Technical Assistance (inclusive of training and transition support).

• A lump-sum fee for one year of Part 58 Environmental Review Records, accompanied by a unit cost breakdown for specific levels of review (e.g., Exempt, CEST, EA).

• A lump-sum fee for the 2027–2029 Consolidated Plan Amendment.

• A lump-sum fee for each Annual Action Plan.

• A lump-sum fee for each program-year CAPER.

• A unit cost for HOME Underwriting and Subsidy Layering Reviews (broken down by rental vs. homeownership and tax-credit vs. non-tax-credit projects).

Consultant Proposal Requirements: Interested consultants must submit a written proposal containing the following information:

1. Project Identification and Contact: Completed and signed Proposal Form featuring the business name, address, and primary contact information.

2. Background and Experience: A brief history of the business, experience with similar transition and HUD compliance projects, and resumes/C.V.s for all proposed personnel.

3. Proposal Narrative: A brief narrative that clearly and concisely describes the anticipated organization and approach to managing the administrative transition, building staff capacity, and supporting the programmatic pivot.

4. Pricing: The completed Remuneration Schedule identifying hourly rates and lump-sum fees as required.

5. References: A minimum of three (3) references for similar services performed for government entities within the last three (3) years.

6. Required Certifications: Non-Collusion Certification, Iran Divestment Act Certification, Disclosure of Non-Responsibility Determination, and all applicable Pay-to-Play forms.

Proposal Evaluation and Selection Jefferson County will evaluate proposals using a competitive scoring framework designed to identify the consultant that provides the best value and most effectively advances the County's administrative and strategic objectives.

The County will evaluate the qualifications of the proposed project team collectively. If deemed in the best interest of the County, responsive proposals will be scored in a preliminary round to determine which offerors will be invited for interviews, followed by a secondary scoring round.

Submission and Selection Process Proposals must be submitted to the County by 3:00pm on November 13, 2026. Proposals must submit one (1) unbound signed original of all required items. All submissions must be clearly marked on the outside packaging with the RFP title and number.

Contract Term and Renewals The initial contract term is for one (1) year.

Because the County’s goal is to transition these programs in-house, the volume and specific types of services requested may shift as County staff gain expertise and take on more responsibilities. The County reserves the right to adjust the workload to match these evolving needs.

If needed, the County has the option to renew the contract for up to four additional one-year terms under the same conditions.

Finally, to prevent any gap in services when the contract (or a renewal) ends, the County can independently extend the agreement for up to two months on the same prorated terms. If the consultant agrees, this short-term extension can last up to three months.

General Conditions The submission of a proposal implies the Proposer's acceptance of the evaluation criteria and acknowledgment that the evaluation committee must make subjective judgments. The County reserves the right to accept other than the lowest-priced offer, waive any informality, or reject any or all proposals, with or without advertising for new proposals, if in the best interest of the County. The award of any contract shall be made to the Offeror whose proposal is determined to be in the best interest of the County.

BASIS OF AWARD

1. Award(s) may be made to the highest scoring Offeror(s) resulting from the evaluation procedure described below.

2. Proposals will be scored and weighed against each criterion by an evaluator or evaluation team using the rating scale below, in accordance with the weight given to the applicable point range for that criterion.

Item Criteria Point Value

A Qualifications & Experience 1-5 B Technical Proposal 3-15 C Proposed Timeline & Availability 1-5 D References 1-5 E Cost Proposal 3-15 F Completeness of Proposal 1-5

Total 50

Item

Proposal Does Not Meet Criterion Requirements /

Expectations

Proposal Partially Meets

Criterion Requirements /

Expectations

Proposal Meets Criterion

Requirements / Expectations

Proposal Partially Exceeds Criterion

Requirements / Expectations

Proposal Exceeds Criterion

Requirements / Expectations

A, C, D, F 1 2 3 4 5 B, E 3 6 9 12 15

If the evaluator or evaluation team determines, at his/her/its sole discretion, that interviews are in the best interest of the County, responsive proposals will be reviewed and scored as described above in a preliminary round to aid in determining whether all Offerors, or just those with top scoring proposals, will be interviewed. If interviews are held, the same review and scoring process described above will be repeated for those Offerors interviewed, and any award(s) made will be based on that secondary scoring round.

3. The submission of a Proposal implies the Offeror's acceptance of the evaluation criteria and acknowledgment that subjective judgments must be made by the evaluation committee. Award of any contract(s) shall be made to the responsible Offeror(s), whose Proposal(s) is(are) determined to be in the best interest of the County.

4. The County reserves the right to: accept other than the lowest priced offer, waive any informality, or reject any or all Proposals, with or without advertising for new Proposals, if in the best interest of the County.

COST PROPOSAL FORM

BUSINESS NAME:

BUSINESS ADDRESS:

NAME, TITLE, TELEPHONE, FAX AND EMAIL OF CONTACT PERSON:

REMUNERATION SCHEDULE (Complete below for each service Offeror proposes to provide)

1. General HUD Programs Technical Assistance (inclusive of services outlined within the scope of services not expressly itemized below):

Hourly Rate: $_____________ (If services will be performed by more than one staff member, provide separate sheet indicating roles and rates for each staff member)

2. HOME Subsidy Layering Reviews

Lump Sum for one Program Year of HOME funding: $____________

Provide a unit cost for the following types of HOME projects:

HOME Rental, non-tax credit project $_____________

HOME Rental, tax-credit project $_____________

HOME Homeownership project $_____________

HOME Homeownership tax credit project $_____________

3. Part 58 Environmental Review Record for CDBG and HOME

Lump Sum to include all listed below for one calendar year: $_____________

Provide a unit cost for the following levels of Environmental Review per project:

Level of Review Unit Cost Exempt by Definition:

Categorically Excluded Not Subject to Part 58

(CENST):

Categorically Excluded Subject to Part 58 (CEST):

Environmental Assessment (EA):

Tier I Review (programmatic/broad level review):

Tier II Review (site specific review):

COST PROPOSAL FORM (CONTINUED)

4. 2027-2029 Consolidated Plan Amendment Lump Sum $_____________

5. Annual Action Plan(s) Lump Sum per Year (non-Con Plan): $_____________

6. CAPER(s) Lump Sum per Program Year CAPER: $_____________

(All Work completed by HUD deadlines for submission of CAPER by County)

The undersigned proposes to furnish and deliver the services described in RFP-XX Community Development Consulting Services and its responding Proposal to the County of Jefferson, at the prices stated in the Proposal submitted. The individual submitting this Proposal on behalf of the business entity noted above, certifies by their signature below that:

• they understand and have complied with the requirements of State Finance Law Sections 139-j and 139-k and will continue to do so throughout the Restricted Period;

• they have read and understood the full Request for Proposal cited above; and

• they are duly authorized to submit this Proposal on behalf of the business entity noted above.

Additionally, by submission of this RFP, the person signing on behalf of the business entity noted above certifies, and in the case of a joint quote each party thereto certifies as to its own organization, under penalty of perjury, that the business entity submitting this quote 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 201-g of the New York State Labor Law.

By: ____________________________________ Date: ____________________________ (Signature)

Name Federal Tax ID Number

Title DUNS Number, if applicable

ADDENDA CONFIRMATION (Offerors should only complete this section if any addenda were issued for this RFP.)

Addendum #____ - Received __________________, 20___ Initialed by person signing above _______

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.

All questions regarding this RFP should be submitted via the Jefferson County Purchasing Department’s bid portal at https://vendors.planetbids.com/portal/69610/portal-home. Vendors must log in to their vendor profile to access or submit questions. Vendors may register for a vendor profile at any time at no cost. 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 five (5) days prior to the proposal due date.

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. 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 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:

Item Criteria Point Value

A Qualifications & Experience 1-5 B Technical Proposal 3-15 C Proposed Timeline & Availability 1-5 D References 1-5 E Cost Proposal 3-15 F Completeness of Proposal 1-5

Total 50

Item

Proposal Does Not Meet Criterion Requirements /

Expectations

Proposal Partially Meets Criterion Requirements /

Expectations

Proposal Meets Criterion

Requirements / Expectations

Proposal Partially Exceeds Criterion

Requirements / Expectations

Proposal Exceeds Criterion

Requirements / Expectations

A, C, D, F 1 2 3 4 5 B, E 3 6 9 12 15

If the evaluator or evaluation team determines, at his/her/its sole discretion, that interviews are in the best interest of the County, responsive proposals will be reviewed and scored as described above in a preliminary round to aid in determining whether all Offerors, or just those with top scoring proposals, will be interviewed. If interviews are held, the same review and scoring process described above will be repeated for those Offerors interviewed, and any award(s) made will be based on that secondary scoring round.

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 one (1) year effective upon Date of Award. If mutually agreed between the County and the Vendor, the contract may be renewed under the same terms and conditions for up to four (4) additional one (1) year terms not to exceed a total contract term of five (5) years. Notice of intent to renew will be provided to the contractor generally within ninety (90) days prior to the expiration date of the current contract. This notice shall not be deemed to commit the County to renew the contract for the renewal period until such time as the County takes official action (generally by issuing a formal Purchase Order) to commit to such renewal. The County may issue new RFP for a replacement contract at any time during the term of the initial contract if deemed necessary by the County to do so.

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, litigate, 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 proposal to Jefferson County shall be deemed consent for the proposal to be publicly identified, and information contained therein shall be deemed a matter of public record unless such information is designated by the party submitting the proposal as trade secrets or other information allowed to be kept confidential pursuant to the Public Officer’s 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…