38-25 Specs - FINAL.pdf

RFP-DCP-38-25 Page 1 of 28

ATTENTION VENDORS

If you find that you are not interested in bidding/quoting this particular project, please fill in this sheet and e-mail it to:

PURCHASING@DUTCHESSNY.GOV

We are very interested in learning why you do not bid.

PROPOSAL #: RFP-DCP-38-25

TITLE: OVERNIGHT RESPITE SERVICES

VENDOR NAME ___________________________________________________________

CONTACT ___________________________________________________________

ADDRESS ___________________________________________________________

PHONE _______________________________

E-MAIL ______________________________

For purposes of facilitating your firm’s response to our bid the County of Dutchess is interested in hearing reasons for failure to respond. If your firm is not responding, please indicate the reason by checking all appropriate items below and returning this form to the address above.

WE ARE NOT RESPONDING BECAUSE:

_____ Items and/or materials requested are not manufactured by us or are not available to our company.

_____ Our items and/or materials do not meet your specifications

_____ Specifications are not clearly understood or applicable _____ too vague _____ too rigid

_____ Quantities too small

_____ Other mailto:PURCHASING@DUTCHESSNY.GOV

RFP-DCP-38-25 Page 2 of 28

OVERNIGHT RESPITE SERVICES

REQUEST FOR PROPOSALS

RFP-DCP-38-25

Proposals Due

OCTOBER 8, 2025

2:00 pm

PHONE (845) 486-3670

RFP-DCP-38-25 Page 3 of 28

INSTRUCTIONS AND INFORMATION

Read all documents contained in the proposal specifications.

• Specifications and proposal forms are attached hereto.

• The County of Dutchess official bid documents are obtained from the Empire State Purchasing Group’s

Regional Bid Notification System at www.bidnetdirect.com/new-york/county-of-dutchess or, if applicable, the

Department of Public Works. Copies of bidding documents obtained from any other source are not considered official copies. In addition to obtaining the official bid documents, any and all addendum pertaining to a particular bid or RFP are posted on the same website that the official bid documents are obtained: www.bidnetdirect.com/new-york/county-of-dutchess. It is incumbent upon all potential bidders to view all posted addenda prior to the bid close date. If you have obtained this document from a source other than the County of Dutchess Purchasing Office, Department of Public Works or the Empire State Regional

Bid Notification System, it is recommended that you obtain an official copy. You may obtain an official copy by registering on the Empire State Regional Bid Notification System at www.bidnetdirect.com/new-york/county-of-dutchess or by using the link provided at www.dutchessny.gov , selecting “Government”, then selecting “Bidding and RFP Opportunities”.

• Proposals must be submitted electronically through the Empire State Purchasing Group’s Regional Bid

Notification System (BidNet Direct) Portal on or before 2:00 p.m., OCTOBER 8, 2025. Please refer to the instructions published with this RFP titled: Electronic Proposal Submittal Procedures for instructions on submitting your proposal electronically.

When submitting (uploading) a proposal electronically through the Empire State Purchasing Group’s

Regional Bid Notification System (BidNet Direct) Portal, please allow sufficient time to complete the online forms and upload documents. The solicitation will end at the closing time listed in the RFP. If you are in the middle of uploading your proposal at the closing time, the system will stop the process and your proposal will not be received by the system. No proposals will be accepted after the designated time or date indicated in the proposal specifications.

• The following forms are necessary to be submitted as a proposal, as well as any additional forms requested in the detailed specifications:

1. CS-1 - Proposal form/price pages(s) Note: some bids may include a separate Bid Proposal

Form. Such exceptions will be noted in the proposal specification, AND/OR

2. CS-1 – Proposer Information/Acknowledgement Form, completed, signed and dated.

3. CS-2 - Non-Collusion Affidavit, completed, signed and dated.

It is not necessary to submit your copy of the technical specifications with the proposal. They should be retained by the proposer for their records.

• No proposer may withdraw a proposal within one hundred and twenty (120) days after the actual date proposals are due.

• Should the proposer find discrepancies or omissions in the specifications, he/she will notify the Purchasing

Agent, at once. The Purchasing Agent will not assume responsibility for any oral instructions, or interpretations of meaning of the specifications or other contract documents to any proposer by any person or persons.

http://www.bidnetdirect.com/new-york/county-of-dutchess http://www.bidnetdirect.com/new-york/county-of-dutchess http://www.bidnetdirect.com/new-york/county-of-dutchess http://www.bidnetdirect.com/new-york/county-of-dutchess http://www.dutchessny.gov/

RFP-DCP-38-25 Page 4 of 28

INSTRUCTIONS AND INFORMATION (Cont’d)

• The Purchasing Agent, and/or his/her designee, will be the only one authorized to make changes or alterations to anything contained in these specifications. Such changes will be posted as an addendum on the following website: www.bidnetdirect.com/new-york/county-of-dutchess.

• Written questions and inquiries concerning this Request for Proposals will be submitted to Jennifer Vigars-

North at jnorth@dutchessny.gov with a copy to Sarah Andrews at sandrews@dutchessny.gov on or before the date and time stated in the bid documents. Verbal questions will not be entertained.

• References in the specifications to a particular trade name, manufacturer’s catalog or model number are made for descriptive purposes to guide the bidder in interpreting the type and quality of materials or supplies or nature of work desired. Such descriptions should not be construed as excluding bids on other types of materials and supplies or for performing the work in a manner other than specified, providing that the materials and supplies and manner of performing the work offered are of equal quality to that specified and equally acceptable to the County of Dutchess for its purposes. Exceptions will be clearly stated. The

Purchasing Director will determine equal products or services.

• The County of Dutchess guarantees no minimum or maximum purchase.

• Proposers who are required to adhere to the prevailing wage schedule will obtain and maintain a current schedule from the New York State Department of Labor for the entire term of the contract. The County may audit adherence to this schedule at any time during or after the contract period. All contractors and subcontractors submitting bids or performing construction work on public work projects or private projects covered by Article 8 of the Labor Law are required to register with the New York State Department of

Labor (NYSDOL) under Labor Law Section 220-i.

• The Purchasing Agent reserves the right to reject all proposals, parts of all proposals, or all proposals for any one or more supplies or contractual services included in the proposed contract, when such rejection is in the best interest of the County.

• The County of Dutchess reserves the right to award to single or multiple vendors, in whole or in part, by item, by class, by category, or to establish primary/secondary contracts, whichever the County deems to be in the best interest of the County of Dutchess.

• The contract will be awarded to the RESPONSIBLE PROPOSER best meeting the needs of the County, based on, but not limited to:

a. Approach to the project.

b. Experience in meeting the needs of the project (examples should be submitted with the proposal).

c. Experience working with other entities (references will include client name, contact person, phone number and description of project).

d. Ability to provide services in a timely manner, meeting established project deadlines, including a strategy of key activities and ability to meet target schedule.

e. Proposed cost.

And who has demonstrated judgment and integrity, is of good reputation, experienced in his work, whose record of past performance in the trade is established as satisfactory, and whose financial status is such to provide no risk to the County of Dutchess in its contractual relations.

• The County reserves the right to require supplementary financial or other information from all bidders to assist in determining the qualifications of bidders.

http://www.bidnetdirect.com/new-york/county-of-dutchess mailto:sandrews@dutchessny.gov

RFP-DCP-38-25 Page 5 of 28

• Upon acceptance of any proposal, the successful proposer will execute a contract, if applicable, in accordance with the specifications, with the County of Dutchess, State of New York.

• A contract will not be assignable by the contractor in whole or in part without the written consent of the

County of Dutchess.

• All or any Dutchess County department may participate in the resulting contract(s). Each ordering agency will be invoiced directly for their orders and will receive shipments at their designated locations.

• The County of Dutchess reserves the right to allow other governmental entities, to purchase any goods and/or services awarded as a result of this proposal. However, it is understood that the extension of such contracts is at the discretion of the vendor and the vendor is only bound to any contract between the County of Dutchess and the vendor. Dutchess County will have no responsibility in the dealings between the vendor and any other governmental entity other than Dutchess County.

• Prior to any vendor receiving payment for goods and/or services rendered, the County of Dutchess requires that all vendors have a current completed IRS form W-9 on file with the County of Dutchess finance department.

• A contract will be deemed in force only to the extent of appropriations available to each department for the purchase of such articles or services. The County’s extended obligations on those contracts that envision extended funding through successive fiscal periods will be contingent upon actual appropriations for the following years.

• 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 paragraph (b) of subdivision 3 of section 165-a of the state finance law

• Dutchess County encourages submission of Proposals by certified Minority and/or Women-Owned Business

Enterprises (MWBE) and/or Disadvantaged Business Enterprises (DBE).

• The County is encouraging the use of electronic payment (via ACH) to entities that it does business with.

Any awarded vendor will be requested to receive payments through an ACH.

• CONFIDENTIAL/TRADE SECRET INFORMATION

The County of Dutchess is subject to New York State’s Freedom of Information law (FOIL). Should your submission, to this RFP, contain “trade secrets”, or other information that the disclosure of which could reasonably be expected to be harmful to business interests, you will ensure that such information is clearly identified and marked as such. Identification will be specific by item or paragraph.

Should marked information be the subject of a request under FOIL, you may be requested either to consent to the request or make representation explaining why the information should not be disclosed.

http://web2.westlaw.com/find/default.wl?mt=NewYork&db=1000138&rs=WLW12.04&docname=NYSFS165-A&rp=%2ffind%2fdefault.wl&findtype=L&ordoc=989815866&tc=-1&vr=2.0&fn=_top&sv=Split&tf=-1&referencepositiontype=T&pbc=AF0B0C7B&referenceposition=SP%3b236f00000e5f2&utid=1

RFP-DCP-38-25 Page 6 of 28

• GRIEVANCE AND PROTEST PROCEDURES:

1. Any protest to the Division of Central Services’ consideration of any bid must be submitted in writing to the address listed below and received by the Director of Central Services no later than five (5) calendar days after the bid award. A written reply to the protest will be sent to the protesting bidder by the Director of Central Services.

Address:

Richard W. Mayfield

Director, County of Dutchess Office of Central and Information Services

Division of Central Services

378 Violet Avenue, Suite 2

Poughkeepsie, NY 12601

2. The protest will contain:

▪ Identification of the statute or procedure that is alleged to have been violated;

▪ A precise statement of the relevant facts;

▪ Identification of the issues to be resolved;

▪ Aggrieved party’s argument and support documentation.

Any notice of protest received after the deadline will not be considered.

• NOTE: VARIATIONS AS STATED IN THE BID SPECIFICATIONS TAKE PRECEDENCE

OVER THIS INSTRUCTIONS AND INFORMATION SECTION.

Date: SEPTEMBER 10, 2025

RFP-DCP-38-25 Page 7 of 28

REQUEST FOR PROPOSALS

FOR

OVERNIGHT RESPITE SERVICES

1.0 INTRODUCTION

Dutchess County Office for the Aging (“County”) has a need for Overnight Respite providers to offer a service in which a care receiver is placed in a facility for an overnight stay to provide a break to the caregiver. This is provided in residential settings such as nursing homes or assisted living facilities, in which the care receiver resides in the facility on a temporary basis. The service provides the caregiver with time away to do other activities.

2.0 PROGRAM INFORMATION

The COUNTY will assess the caregiver and care receiver to qualify them for overnight nursing home respite and will complete a letter of authorization when approved for the service. The COUNTY will approve the length of stay and coordinate with the Awarded Contractor(s) to ensure bed availability.

3.0 ASSIGNMENT OF WORK

Recognizing that service availability may vary among providers at any given time, the Dutchess County

Office for the Aging reserves the right to award this RFP to multiple qualified Contractors. This approach ensures that the County can respond promptly and effectively to service needs as they arise, based on provider availability and alignment with care requirements.

The County will initiate contact with Contractors from the list of Awarded Contractors as service needs arise. Selection of Contractor(s) to be contacted will be determined by the County based on the following:

• Level of care required by the care recipient

• Bed availability

• Geographic proximity to the care recipient

• Cost of services

• Other relevant or combined factors as determined by the County

If a Contractor informs the County they are unable to provide the service needed at the time its needed, the County may contact another awarded Contractor to inquire if they are able to provide the service needed. The County reserves the right to only contact awarded Contractors who meet the specific service requirements at the time of a need for potential service provision.

4.0 SCOPE OF SERVICES

The Awarded Contractor(s) to provide the following, but not limited to:

4.1.1 The CONTRACTOR will supply skilled nursing care or assisted living level of care for continuous stay between the agreed upon dates for the identified care receiver.

4.1.2 MEDICATIONS: The caregiver will provide all current medications in their original containers to the CONTRACTOR at time of admission. CONTRACTOR will secure appropriate instructions and authorizations for the administration of medications for each individual care receiver. In the event a client becomes ill while on respite care, the

CONTRACTOR will treat accordingly and charge the caregiver or care receiver's insurance carrier for medications and tests as related to the illness and payable based

RFP-DCP-38-25 Page 8 of 28 upon the facility's usual and customary charges. Co-pays and deductibles for such will be the responsibility of the caregiver.

4.1.3 PERSONAL ITEMS: The caregiver will be responsible for the provision of personal clothing and effects for the care receiver.

4.1.4 SERVICES: Physical Therapy, Occupational Therapy, Speech Therapy, Audiology, Physician Services, Laboratory, X-rays and other ancillary services, such as hair appointments, are NOT included in this respite agreement. Such services, require pre-approval from the caregiver prior to service being provided. The service, if used, will be billed to the caregiver or care receiver's insurance carrier and payable based upon the facility's usual and customary charges.

4.1.5 Per NYS Office for the Aging requirements, the COUNTY must conduct a minimum of one on-site monitoring (evaluation) per year. The monitoring process is to ensure compliance with all applicable statutes, regulations, policies, and standards. The

COUNTY will be responsible to provide a summary of the process including any findings to the CONTRACTOR. The CONTRACTOR will be responsible to correct any findings noted.

4.1.6 The CONTRACTOR agrees to maintain program records required by the COUNTY and agrees that a program and facilities review, review of service records, review of service policy and procedural issuances, and job descriptions and meetings with any staff directly or indirectly involved in the provision of services may be conducted at a reasonable time by appropriate state and federal personnel and other persons duly authorized by the

COUNTY. You may refer to Attachment D, Program Standards which contains the standards the Awarded Contractor would be required to comply with.

4.1.7 The CONTRACTOR agrees to invoice the County by the tenth of the following month in which service was provided using the Contract Voucher Coversheet and Contract

Voucher (see Attachment E for a sample contract voucher and coversheet). All Contract

Vouchers must be submitted fully completed, legible and signed by client or the client representative A signature for each day will be required. Only one month is allowed on a voucher.

5.0 BILLING AND PAYMENT TERMS:

For the services described in this RFP, the County will be billed at a daily rate, which is defined as a per overnight stay. The daily rate is incurred for each night the care receiver resides in the facility, regardless of the time of arrival or departure on the respective days.

To clarify, billing is based on the number of overnight stays, not the total number of calendar days or hours the care receiver resides in the facility. For example: if a care receiver arrives at the facility on

Monday at 12:00pm and departs on Wednesday at 3:00pm, the County will be billed for two daily rates

– Monday and Tuesday – corresponding to the two overnight stays.

6.0 QUALIFICATIONS REQUIREMENTS

Proposers interested in being considered must have the following qualifications:

• Must be a Skilled Nursing Facility or Assisted living facility.

RFP-DCP-38-25 Page 9 of 28

7.0 PROPOSAL SUBMISSION REQUIREMENTS

Proposals must be submitted electronically through the Empire State Purchasing Group’s Regional Bid

Notification System (BidNet Direct) Portal on or before 2:00 p.m., OCTOBER 8, 2025. Please refer to the instructions published with this RFP titled: Electronic Proposal Submittal Procedures for instructions on submitting your proposal electronically.

When submitting (uploading) a proposal electronically through the Empire State Purchasing Group’s

Regional Bid Notification System (BidNet Direct) Portal, please allow sufficient time to complete the online forms and upload documents. The solicitation will end at the closing time listed in the RFP. If you are in the middle of uploading your proposal at the closing time, the system will stop the process and your proposal will not be received by the system. No proposals will be accepted after the designated time or date indicated in the proposal specifications.

All costs associated with the preparation of a proposal in response to the RFP will be the responsibility of the proposer submitting the proposal. The County of Dutchess will not be responsible for any expenses in the preparation and/ or presentation of the proposal.

It is incumbent upon each proposer to address any and all requirements as detailed below. Proposals lacking complete documentation may be deemed non-responsive. Failure to comply with the instructions in this section of the RFP may be deemed non-responsive.

Proposals must contain the following:

7.1 TECHNICAL PROPOSAL REQUIREMENTS

7.1.1 Provide an agency description to include, years of service, and level of care licensure and/or certification held.

7.1.1.1 Include documentation or information to satisfy the requirements of Section 6.0

Qualifications Requirements.

7.1.2 Provide Agency’s proposed program design and service delivery model. This must include but not be limited to:

7.1.2.1 Providing proposed procedure for client intake and description of overnight care delivery model.

7.1.2.2 Describe the Agency’s organizational capacity, including ability to provide adequate staff and overnight supervision to provide the services described in this

RFP.

7.1.3 Provide at least three (3) references from past contracts or partner organizations for similar services of size and scope.

7.2 COST PROPOSAL REQUIREMENTS

Cost Proposals are to be uploaded as a separate document from your Technical Proposal in your

RFP response submission. Please refer to the separate attachment titled: Electronic Proposal

Submittal Procedures for instructions on submitting your proposal electronically. Inclusion of any cost or pricing data within the Technical Proposal may result in your proposal being deemed non-responsive.

RFP-DCP-38-25 Page 10 of 28

7.2.1 Provide an all-inclusive Daily rate for each potential contract year listed below to provide the services described in this RFP. For the definition of “Daily rate”, please refer to Section 5.0 Billing and Payment Terms.

7.2.1.1 Daily Rate – Initial Contract Year 1 (2026)

7.2.1.2 Daily Rate – Possible Contract Extension Year 2 (2027)

7.2.1.3 Daily Rate – Possible Contract Extension Year 3 (2028)

7.2.1.4 Daily Rate – Possible Contract Extension Year 4 (2029)

7.2.1.5 Daily Rate – Possible Contract Extension Year 5 (2030)

7.3 ADDITIONAL COMPLETED DOCUMENTATION AND FORMS

7.3.1 Proposal Submission Checklist,

7.3.2 Proposer Information/Acknowledgement Form (CS-1)

7.3.3 Non-Collusion Affidavit Form (CS-2),

7.3.4 Statement of Understanding of Indemnification and Insurance Requirements (Attachment

A), and

7.3.5 Addenda Acknowledgment Form (Attachment B) – if applicable

8.0 EVALUATION PROCESS

Proposals will be evaluated by a review committee. The review committee will review and evaluate each of the proposals using the criteria described below under Evaluation Criteria. Each reviewer will rank each proposal according to the Criteria. The reviewers will then convene to review and discuss these evaluations.

The County reserves the right to seek clarification of information submitted in response to this RFP, request additional information and/or request interviews or presentations during the evaluation process.

The County reserves the right to reject any or all proposals or parts of proposals.

9.0 EVALUATION CRITERIA

Every proposal submitted will be reviewed in accordance with the following criteria, listed in order of importance:

9.1 Adequate staffing and overnight supervision

9.2 Experience and organizational capacity

9.3 Program Design & Service Delivery Model

9.4 Fairness and Reasonability of Cost

10.0 AWARD

The County reserves the right to make multiple awards with regard to this RFP if it is determined to be in the best interests of Dutchess County.

The County of Dutchess reserves the right to accept any submittal and/or parts thereof and/or to reject any and all submissions, or to waive any irregularities in the submissions if it is determined to be in the best interest of Dutchess County.

The award of a contract is contingent upon the successful execution of the formal contract agreement.

RFP-DCP-38-25 Page 11 of 28

All or any Dutchess County department(s) may participate in the resulting contract(s). Each ordering agency will be invoiced directly for their orders and will receive shipments and/or service at their designated locations.

11.0 CONTRACT AND INSURANCE REQUIREMENTS

The successful Contractor(s) will be required to enter into a formal contract agreement with the County of Dutchess, which includes specific insurance coverage. See the Standard Contract Agreement

(Attachment C). Proposer’s must acknowledge the insurance requirements by signing the “Statement of

Understanding of Indemnification and Insurance Requirements” see Attachment A. Insurance certificates must be submitted and approved by Dutchess County before the contract can be fully executed. Any inquiry regarding the contract and insurance requirements must be submitted in accordance with the section titled QUESTIONS.

12.0 CONTRACT TERM

The initial contract term will begin upon successful execution of the formal contract, on January 1, 2026 and end December 31, 2026, with the option to extend for four (4) additional one (1) year terms, at the

County’s option.

13.0 PRICE ADJUSTMENT

Any requests for reasonable price adjustments must be submitted in accordance with this section.

A Price Adjustment request must be made in writing and include the reason for the request, documentation supporting the request (i.e., commodity increases), the current pricing, and the requested revised pricing.

There is no guarantee the County will accept a Price Adjustment; therefore, Contractor/Supplier should be prepared for the pricing to be firm over the Term of the Agreement. The County is only willing to entertain Price Adjustments based on an increase to Contractor’s/Supplier’s actual expenses or other reasonable adjustment in providing the services/materials under the Agreement.

The Director of Purchasing may use available indexes (i.e., CPI, PPI and/or prevailing wage rate percentage increases) to determine if the requested Price Adjustment is reasonable. Typically, a Price

Adjustment that exceeds 5% will not be approved unless very unusual and significant changes have occurred in the industry.

If the County agrees to the Price Adjustment, the County shall issue written approval of the change. If the request is not accepted, the County may entirely reject the request or may counter with revised pricing.

In the event industry costs decline, the County shall have the right to receive, from the Contractor, a reasonable reduction in prices/pricing that reflect such cost changes in the industry. The County will make a written request to the Contractor for a Price Adjustment in writing with supporting documentation.

RFP-DCP-38-25 Page 12 of 28

14.0 QUESTIONS

Submit questions pertaining to this RFP, including any inquiries related to contract and insurance requirements, by email to Jennifer Vigars-North at jnorth@dutchessny.gov with a copy to Sarah

Andrews at sandrews@dutchessny.gov no later than 5:00pm (EST) on Wednesday, September 24, 2025.

All answers to the submitted questions will be posted as an addendum on the following website:

https://www.bidnetdirect.com/new-york/county-of-dutchess.

PROPOSERS MUST CHECK THIS WEBSITE REGULARLY FOR ADDENDUM, WHICH

MAY INCLUDE SIGNIFICANT CHANGES TO THE RFP SPECIFICATIONS.

mailto:jnorth@dutchessny.gov mailto:sandrews@dutchessny.gov https://www.bidnetdirect.com/new-york/county-of-dutchess

RFP-DCP-38-25 Page 13 of 28

PROPOSAL SUBMISSION CHECKLIST

Proposal #RFP-DCP-38-25

Company Name:

This proposal submission checklist MUST be completed and submitted with your response, to assure compliance with all required documentation.

Proposer’s who fail to provide all of the following items, may be deemed as non-responsive:

Check if included Proposer’s Submission Includes the following:

Completed Proposal Submission Checklist (this document).

Completed and signed Proposer Information / Acknowledgment Form (CS-1).

Completed and signed Non-Collusion Affidavit Form (CS-2).

Information and Documentation to completely satisfy all items outlined in Section 7.1 Technical

Proposal Requirements and Section 7.2 Cost Proposal Requirements.

Completed and signed Statement of Understanding of Indemnification and Insurance Requirements

(Attachment A)

Completed and signed Addenda Acknowledgment Form (Attachment B) – If applicable.

Proposals must be submitted electronically through the Empire State Purchasing Group’s Regional

Bid Notification System (BidNet Direct) Portal on or before 2:00 p.m., OCTOBER 8, 2025. Please refer to the instructions published with this RFP titled: Electronic Proposal Submittal Procedures for instructions on submitting your proposal electronically.

THIS FORM MUST BE INCLUDED IN PROPOSAL SUBMITTAL. IF NOT INCLUDED,

PROPOSER MAY BE DEEMED NON-RESPONSIVE.

RFP-DCP-38-25 Page 14 of 28

COUNTY OF DUTCHESS

Division of Central Services

PROPOSER INFORMATION/ACKNOWLEDGEMENT FORM

The undersigned, having carefully examined the appropriate specifications, #RFP-DCP-38-25 dated

OCTOBER 8, 2025, does hereby agree to furnish and deliver to the County of Dutchess, Poughkeepsie, New York, the proposed items/services at the price(s) indicated in Proposal Submission:

Full Legal Name of

Company Submitting RFP:

Street Address:

Mailing Address:

City: __________________________________________ State:______ Zip:

Contact Name:

Phone Number: ( ) Fax Number: ( )

E-Mail Address: Web Address:

Federal ID Number: _ Unique Entity Identifier #(UEI):_____________________

Name of Authorized Official Submitting Proposal:

(Please Print or Type)

Signature of Authorized Official Submitting Proposal:

Date: ________________

NOTE: By signing and submitting this proposal for consideration by the Dutchess County Division of

Central Services, the vendor acknowledges that they have read, understand and agree to all aspects of the specifications as presented without reservation or alteration.

CS-1

RFP-DCP-38-25 Page 15 of 28

NON-COLLUSION AFFIDAVIT

Bid #RFP-DCP-38-25

As required by Section 103-d of the New York State General Municipal Law, the bidder certifies under the penalties of perjury that:

(a) “By submission of this, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief:

(1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor;

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

(3) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition.”

Signed

By

(President or Authorized Representative)

Dated ___________________

Bid submitted by: Name:

Address:

Phone:

Fax #:

Email:

CS-2

RFP-DCP-38-25 Page 16 of 28

ATTACHMENT A

STATEMENT OF UNDERSTANDING OF

INDEMNIFICATION AND INSURANCE REQUIREMENTS

FOR

RFP-DCP-38-25

I (We) have read the Indemnification and Insurance Requirements cited in the subject Request for Proposal and understand the obligations thereof. These requirements have been reviewed with our insurance agent and/or legal counsel and it was determined that the Indemnification and Insurance requirements are acceptable. Upon receipt of a designation from the County of Dutchess to perform the services described in the subject RFP, I

(we) intend to enter into an agreement with the County of Dutchess that will include the Indemnification and

Insurance requirements as stated within the RFP.

Full Legal Name of Company:____________________________________________________________

Street Address:

City: _________________________ State: ________________ Zip: __________________

Name of Authorized Official Submitting Proposal:

(Please Print or Type)

Signature of Authorized Official Submitting Proposal:

Date: ________________

THIS COMPLETED FORM MUST BE INCLUDED WITH YOUR SUBMITTAL

RFP-DCP-38-25 Page 17 of 28

ATTACHMENT B

ADDENDA ACKNOWLEDGMENT FORM

Bidder/Proposer acknowledges receipt of the following addenda to RFP-DCP-38-25:

Addendum No. Dated:

Addendum No. Dated:

Addendum No. Dated:

Failure to acknowledge receipt of all addenda may deem the Bidder/Proposer as non-responsive.

Full Legal Name of Company Submitting Bid/Proposal:

Authorized Signature:

Title:

Date:

RFP-DCP-38-25 Page 18 of 28

ATTACHMENT C

AGREEMENT

THIS AGREEMENT, bearing the date set forth on the signature page, by and between the

COUNTY OF DUTCHESS, a municipal corporation with offices at 22 Market Street, Poughkeepsie, New York 12601 (hereinafter referred to as the “COUNTY”) and {VENDOR}, a

(corporation) (an independent contractor) whose address is {Address} {City, State, Zip}

(hereinafter referred to as the “CONTRACTOR”).

W I T N E S S E T H:

WHEREAS, the County’s Office For The Aging desires the services of the Contractor to provide overnight respite to caregivers of senior citizens; and

WHEREAS, the Contractor is qualified and is willing and able to perform such services in a timely manner, and

WHEREAS, the funds necessary to pay for such services are appropriated in the 202 Adopted

County Budget, now, therefore, it is mutually agreed by and between the parties hereto as follows:

1. SCOPE OF SERVICES. The Contractor shall perform, using standards of care acceptable to the County and in strict compliance with all applicable Federal, State, and local laws, regulations and procedures, the services set forth in Exhibit “A” annexed hereto and made a part of this Agreement.

If any term of the Scope of Services contradicts or creates an ambiguity with any term of this

Agreement, this Agreement shall govern.

2. PROJECT AND DOCUMENTS FORMING THIS AGREEMENT. This

Agreement shall be deemed to include (if applicable): the advertisement for proposals; the

Instructions to Bidders; the Information for Bidders; the Contractor’s proposal; the technical and contract specifications dated xx, 20xx; the plans or drawings; any addenda to specifications if the same are issued prior to the date of receipt of proposal; insurance contacts and certificates of insurance; and all provisions required by law to be inserted in the contract, whether actually inserted or not. The project is described as follows:

xx [Bid] [Request For Proposal] #xx-xx for xx.

3. TERM OF AGREEMENT. This Agreement shall be effective {January 1, 202 } and shall terminate on {December 31, 202 }, unless otherwise terminated as set forth herein.

4. EXTENSION. This Agreement may be extended for additional periods of one year each, not exceeding in total five (5) years from the original Agreement date, upon such terms and conditions as may be agreed between the parties in writing by fully executing a contract extension/amendment.

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5. PAYMENT. As full and complete consideration for the services so rendered, the

County shall pay a total sum not to exceed {AMOUNT} and 00/100 ($XX,000.00) DOLLARS annually, at the rate of $ /day. The Contractor shall be required to receive payments electronically by submitting an authorization form to the Dutchess County Comptroller.

In order for payment to be made, invoices must be submitted to the Office for the Aging no later than the 10th of the month following the month during which service was provided. The amount of total service purchased shall be based on the funding available for the program as specified in the County’s Adopted Budget and no liability on account thereof shall be incurred by the County beyond the amount appropriated. It is understood and agreed that neither this Agreement nor any representation by any employee creates any legal or moral obligation to request, appropriate, or make available funds for the purpose of this Agreement.

Payment of the above consideration shall be made to the Contractor upon submission of statements in a form satisfactory to the County. No payment shall be made prior to audit and approval by the County.

6. INDEPENDENT CONTRACTOR STATUS. The Contractor agrees that it is an independent contractor and that it shall not hold itself out to be an employee or officer of the

County, and that therefore, neither Federal, State, nor local income tax nor payroll tax of any kind shall be withheld or paid by the County on behalf of the Contractor or its employees; that the

Contractor shall not be eligible for, and shall not be entitled to participate in, any employee pension, health, retirement or other fringe benefit plan of the County; that the Contractor shall have no Workers’ Compensation or disability coverage through the County for the Contractor or its employees, and that the Contractor shall not be entitled to make any claim against the County for these or any other rights or privileges of an officer or employee of the County.

7. INDEMNIFICATION. The Contractor agrees to the fullest extent permitted by law to defend, indemnify, and hold the County and its employees harmless from any and all such losses, claims, liens, demands and causes for action, including but not limited to, judgments, penalties, interest, court costs, and legal fees incurred by the County on behalf of any party, in connection with or arising from the Contractor’s work. The Contractor shall investigate, handle, respond to and defend any such claims, demands or suits at its sole expense, and shall bear all other related costs and expenses even if such claims, demands, or suits are groundless, false, or fraudulent. This indemnification section shall survive the expiration or termination of this

Agreement.

In any matter in which indemnification hereunder would violate Section 5-322.1 of the New York

General Obligations Law or any other applicable legal prohibition, the foregoing provision shall not be construed to indemnify the County for damage arising out of bodily injury to persons or to property caused by or resulting from the sole negligence of Dutchess County employees. The term

“employee” shall include all officers, advisory board members and/or volunteers serving the

County.

8. INSURANCE REQUIREMENTS. At all times during the term of this

Agreement, the Contractor and its sub-contractors, if any, shall maintain at its own cost the

RFP-DCP-38-25 Page 20 of 28 following insurance and shall provide proof thereof to the County, in the form of a Certificate of

Insurance, prior to commencing work under this Agreement:

Workers’ Compensation Employer’s Liability (statutory limits). In compliance with the

Workers’ Compensation Law of the State of New York, each contractor shall provide:

a) a certificate of insurance on an Acord form indicating proof of coverage for Workers’

Compensation Employer’s Liability, OR

b) a New York State Workers’ Compensation Notice of Compliance (Form C-105, Form U-

26.3, Form SI-12 or Form SI-105.2P).

c) In the event that the Contractor is exempt from providing coverage, it must provide a properly executed copy of the Certificate of Attestation of Exemption from the NYS

Workers’ Compensation Board, Form CE-200.

d) A certificate of participation in a self-insurance program. The department responsible for the implementation of the Agreement will obtain verification from the Director of Risk

Management for those municipalities participating in the Dutchess County Self-Insured

Plan.

Commercial General Liability Insurance coverage including blanket contractual coverage for the operation of the program under this Agreement with limits not less than $1,000,000 per occurrence and $2,000,000 in the aggregate. This insurance shall be written on an occurrence coverage form and include bodily injury, property damage liability, and sexual abuse and molestation and medical coverage for the participants in the program. The County must be listed as additional insured. The additional insured endorsement for the Commercial General Liability insurance required above shall not contain any exclusion for bodily injury or property damage arising from completed operations.

Automobile Liability Insurance coverage for all owned, scheduled, hired, and non-owned vehicles with a combined single limit of liability of not less than $1,000,000. This insurance shall include coverage for bodily injury and property damage. The County must be listed as additional insured.

Professional Liability Insurance coverage with limits not less than $1,000,000 per occurrence;

$3,000,000 in the aggregate. In the event of expiration or termination of this Agreement, each party hereto shall either maintain the abovementioned insurance coverage for a period of not less than three (3) years or shall provide an equivalent extended reporting endorsement (commonly known as a ‘tail policy’).

Excess/Umbrella Liability, if required, with limits not less than $5,000,000 per occurrence with a $5,000,000 aggregate. The County must be included as additional insured.

The Acord form certificate of insurance must contain the following provisions:

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A. The County of Dutchess must be listed as certificate holder and additional insured on the commercial general, umbrella/excess, and automobile liability policies. In addition, the commercial general liability policy must include the additional insured endorsement forms cg 2037 July 2004 edition and the cg 2010 April 2013 edition or their equivalent.

B. Commercial general and automobile liability policies are primary and noncontributory.

C. Commercial general liability, automobile liability and Workers’ Compensation policies must contain a waiver of subrogation in favor of the County of Dutchess.

D. Any umbrella/excess policy is primary and noncontributory and must contain a waiver of subrogation in favor of the County of Dutchess.

E. If the Workers’ Compensation Notice of Compliance is used instead of the Acord certificate of insurance, the Notice of Compliance must indicate that a waiver of subrogation in favor of the County of Dutchess is provided.

All policies of insurance referred to above shall be underwritten by companies authorized to do business in the State of New York with an A.M. Best financial strength rating of A- or better. In the alternative, the policies of insurance referred to above may be underwritten by non-Admitted companies with an A.M. Best financial strength rating of A+ or higher. In addition, every policy required above shall be primary and noncontributory. Any insurance carried by the County, its officers, or its employees shall be excess and noncontributory insurance to that provided by the

Contractor. The Contractor and its sub-contractor(s), if any, shall be solely responsible for any deductible losses under each of the policies required above.

Payment(s) to the Contractor may be suspended in the event the Contractor and its sub-contractor(s), if any, fails to provide the required insurance documentation in a timely manner.

Prior to cancellation or material change in any policy, a thirty (30) day notice shall be given to the

County Attorney at the address listed below:

Dutchess County Attorney County Office Building 22

Market Street

Poughkeepsie, New York 12601

On receipt of such notice, the County shall have the option to cancel this Agreement without further expense or liability to the County, or to require the Contractor to replace the cancelled insurance policy, or rectify any material change in the policy, so that the insurance coverage required by this paragraph is maintained continuously throughout the term of this Agreement in form and substance acceptable to the County. Failure of the Contractor to take out or to maintain, or the taking out or the maintenance of any required insurance, shall not relieve the Contractor from any liability under this Agreement nor shall the insurance requirements be construed to conflict with or to limit the obligations of the Contractor concerning indemnification.

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All losses of County property shall be adjusted with and made payable directly to the County.

All Certificates of Insurance shall be approved by the County’s Director of Risk Management or designee prior to commencement of any work under this Agreement.

In the event that claims in excess of these amounts are filed in connection with this Agreement, the excess amount or any portion thereof may be withheld from payment due or to become due the

Contractor until the Contractor furnishes such additional security as is determined necessary by the County.

9. QUALIFICATIONS OF CONTRACTOR. The Contractor specifically represents that it and its members, officers, employees, agents, servants, consultants, and sub-contractors have the experience, knowledge, and character necessary to perform their particular duties under this

10. DECLARATION BY CONTRACTOR. The Contractor declares that it has complied with all Federal, State, and local laws regarding business permits, certificates and licenses that may be required to carry out the work to be performed under this Agreement.

11. NON-DISCRIMINATION. No services to be rendered pursuant to, or in connection with, this Agreement may be refused to any person because of age, race, color, creed, sex, sexual orientation, national origin, disability, or marital status.

The Contractor shall take all affirmative steps necessary to ensure equal employment opportunities without discrimination because of age, race, creed, color, sex, sexual orientation, national origin, disability, or marital status and to comply with all Federal, State, and local civil rights laws including, but not limited to, the Americans with Disabilities Act.

12. RETENTION OF RECORDS. The Contractor agrees to maintain and have available for audit such records as may be required by the County, New York State or United States governmental agencies. These records shall be available for inspection by properly identified personnel of the above governmental agencies upon reasonable notice and shall be maintained for a minimum of ten (10) years after termination of this Agreement.

13. NON-ASSIGNMENT. This Agreement may not be assigned by the Contractor without prior written consent of the County, and the County shall be relieved of all liability and obligations consistent with the New York State General Municipal Law Section 109 in the event of such unauthorized assignment.

14. TERMINATION. (a) Without cause. The County may terminate this

Agreement upon ten (10) days’ prior written notice to the Contractor of its intent to terminate without cause.

(b) With cause. The County may terminate this Agreement effective immediately, with subsequent written notice to be given to the Contractor of termination with cause.

RFP-DCP-38-25 Page 23 of 28

In the event of termination with or without cause, the Contractor shall deliver to the County any or all drawings, specifications, reports and other data, records, materials and equipment in its custody or control pertaining to the Agreement and the County shall pay to the Contractor all amounts due to the time of termination in accordance with the terms of this Agreement. Such termination shall not give rise to any cause of action against the County for damages, loss of profits, expenses, or other remuneration of any kind. Notwithstanding any other provision of this

Agreement, if, in the judgment of the County, termination is made necessary or desirable because of the Contractor’s failure to fulfill its obligations under this Agreement, or any other fault of the

Contractor, the County may withhold payment of all or any part of monies which otherwise may be payable to the Contractor under this Agreement and apply such monies toward any damages or expenses sustained by the County as a result of such failure including, without limitation, any excess costs incurred by the County in completing the services under this Agreement by the use or employment of other contractors or otherwise. Notwithstanding the foregoing, the Contractor shall be liable to the County for all such damages and expenses without limitation to any such monies being withheld by the County, and the failure of the County to withhold monies from the

Contractor shall not be construed as an acknowledgement by the County that no such damages or expenses exist and shall not prevent the County from thereafter making any claim against the

Contractor therefore.

15. EXECUTORY. The Dutchess County fiscal year begins on January 1st and ends on December 31st of any given year. Notwithstanding anything to the contrary contained herein, it is understood and agreed that this Agreement shall be deemed executory only to the extent of the monies available to the County for the performance of the terms hereof and that, in the event that the Dutchess County Legislature fails to appropriate the necessary funds to affect payment in any calendar year beyond the initial year herein, this Agreement shall automatically cease and terminate on the last day of the year in which funds have been appropriated for said Agreement and no liability on account thereof shall be incurred by the County beyond the funds available for the performance of this Agreement. It is further understood and agreed that neither this Agreement nor any representation by any public employee or officer creates any legal or moral obligation to request, appropriate or make available monies for the purpose of this Agreement.

16. NOTICE. Except as otherwise provided in this Agreement, notice required to be given pursuant to this Agreement shall be made in writing and addressed to the following or such other person as the parties may designate:

For the County: DUTCHESS COUNTY OFFICE FOR THE AGING

Attn.: Office of the Director 114 Delafield Street

With a copy to: DUTCHESS COUNTY DEPARTMENT OF LAW

22 Market Street

For the Contractor: {VENDOR NAME}

{Address}

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{City, State, Zip}

17. NON-WAIVER. Failure of either party to exercise any rights under this Agreement for a breach thereof shall not be deemed a waiver thereof or a waiver of any subsequent breach.

18. SEVERABILITY. If any provision of this Agreement shall be held…