B25029 Backyard Composting Program.pdf

NOTICE TO BIDDERS

NOTICE IS HEREBY GIVEN, that the County of Ontario (the “County”), will receive sealed bids for

Backyard Composting Program (B25029). Such sealed bids must be filed with the Ontario County Purchasing

Director, 20 Ontario Street, Canandaigua, New York 14424, PRIOR TO 3:00 PM prevailing time, March 5, 2025 at which time said bids will be publicly opened and read via Webex meeting.

Meeting Link:

https://ontariocountyny.webex.com/ontariocountyny/j.php?MTID=m6a24c43bb8443796d3d97bdd7954ef71

Meeting Number: 2348 994 9216

Password: B25029

Bid forms and specifications may be obtained at the office of the County Purchasing Director at the above mentioned address, the Ontario County Website ( www.ontariocountyny.gov/purchasing ), or the Empire

State Purchasing Group (https://www.bidnetdirect.com/new-york ) (Telephone: 585-396-4442). Vendors requesting arrangements other than U.S. Mail shall be responsible for making such arrangements and all associated costs.

The County reserves the right to renew any contract(s) awarded as a result of this bid for up to two additional,

(12) twelve-month periods by annual resolution by the County Board of Supervisors and in accordance with the

Bid Specifications and New York State General Municipal Law (“GML”) Sections 103 and 104-b.

NOTE: The County shall not be held responsible for the completeness or accuracy of any bid documents received by a vendor that were not directly issued to that vendor by the County Purchasing Department.

Any vendor submitting a bid based on incomplete or inaccurate information resulting from documentation received from any third party, shall not have cause for relief from award or completion of a contract in accordance with the official documents on file with the County Purchasing Department.

It is HIGHLY suggested that all vendors interested in participating in this bid, contact the County

Purchasing Department directly at the above address or telephone number to assure they have received the most accurate and up to date material concerning this contract.

The County does not offer or supply anyone the list of people that have obtained a copy of these bid specifications or cost estimates for the project prior to the opening of the bid. NO EXCEPTIONS ARE

MADE TO THIS POLICY.

The County reserves the right to reject any or all bids.

COUNTY OF ONTARIO

Stacy L. Schmitt

Buyer

Ontario County Purchasing

PROPERTY OF THE COUNTY. Reproduction of this document and its attachments in any manner, including electronically, is prohibited without the express written permission of the County Purchasing

Department.

https://ontariocountyny.webex.com/ontariocountyny/j.php?MTID=m6a24c43bb8443796d3d97bdd7954ef71 http://www.ontariocountyny.gov/purchasing https://www.bidnetdirect.com/new-york

INSTRUCTIONS TO BIDDERS

1) Read all documents contained in the Bid Specifications.

2) Vendors are responsible for submitting their bids to the exact location indicated on the Notice to Bidders prior to the time indicated in the Notice to Bidders. No bids will be accepted after the designated time indicated in the Notice to Bidders. NOTE: This includes any changes listed on the latest addendum issued by the County of Ontario (the “County”) Purchasing Department, if any. Delay in mail delivery is not an exception to the deadline for receipt of bids.

3) Bidders are responsible for reporting, in writing, any errors found in the Bid Specifications to the County

Purchasing Director, 20 Ontario Street, Canandaigua, New York 14424.

4) Questions about or clarifications to the Bid Specifications must be made in writing to the County Purchasing

Director prior to the bid opening via regular mail, e-mail (Purchasing@ontariocountyny.gov ), or fax (585-

396-4250). Such questions must be in the possession of the County Purchasing Director three working days prior to the bid opening unless otherwise indicated. Please indicate the bid number on your request. Verbal questions may not be entertained.

5) Bidders shall indicate on the outside of their sealed bid the following information:

1. Title of Bid and Bid Number

2. Date and Time of Bid Opening

3. Company Name

Vendors submitting “Alternate” pricing, products or services, must do so as a separate bid package to be considered for award. Each bid must be submitted under separate cover and will be considered on its own merits.

6) The only forms necessary to be submitted as a bid are the following:

1. Bid Form, filled out completely. See General Information.

2. Individual, Corporate, Partnership or LLC Acknowledgment.

3. Non-Collusion Affidavit, signed and dated.

4. Bidder’s Statement on Sexual Harassment, signed and notarized.

5. Insurance certificates. See Schedule B Insurance Requirements.

6. Copy of Literature for all items offered (if applicable).

7. IRS W-9 Form. See General Information

8. Any other information as noted in the bid documents.

7) All vendors submitting a bid shall be supplied with a copy of the pricing tabulation sheet and the information regarding any resulting resolutions as soon as they become available after the bid opening.

8) Under no circumstances is it necessary to return the Bid Specifications with the bid. They should be retained by the bidder for his/her records, or returned at a later date as a part of a request for the return of a bid deposit.

Failure to submit any of the above data may result in the rejection of the bid as non-responsive.

Furthermore, the County reserves the right to require the vendor to supply any additional information it deems necessary to determine the successful responsive/responsible vendor and further to wave any minor informalities it deems in its best interest.

mailto:Purchasing@ontariocountyny.gov

B25029

GENERAL INFORMATION

METHOD OF AWARD:

A contract, if awarded, will be based on Best Value (see Bid Evaluation and Selection Process). The County guarantees no minimum or maximum purchases as a result of award of this bid. Additionally, the County reserves the right to purchase any goods or services included as a part of this bid through any means legally available to it at any time. The County reserves the right to allow all municipal and not for profit organizations authorized under the General Municipal Laws of the State of New York (“GML”), to purchase any goods and/or services awarded as a result of this bid in accordance with the latest amendments to GML Sections

100 through 104. 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 and the vendor.

GUARANTEE:

The vendor guarantees that all work will be conducted in accordance with the Bid Specifications and that all goods, materials and/or equipment supplied to the County meet or exceeds the Bid Specifications. Should the goods, materials and/or equipment be found not to meet the Bid Specifications, the vendor shall remove and/or at the County’s sole discretion, replace all faulty goods, materials and/or equipment within a time frame dictated by the County at no cost to the County.

QUALIFICATION OF BIDDER:

Bids will only be accepted from established contractors and manufacturers or their authorized dealers who can supply the goods, material, service or equipment in accordance with the Bid Specifications. In the event a dealer submits a bid, the dealer shall guarantee that he/she is an authorized dealer of the manufacturer and the manufacturer has agreed to supply the dealer with the equipment offered in the proposal and that the dealer is authorized by the manufacturer to sell the equipment within the County. Further, the dealer agrees to submit a certificate from the manufacturer acknowledging that he/she is an authorized dealer, if so requested.

AWARD OF BID:

The award, if any, will be made within forty-five (45) calendar days of the opening date. All successful vendors shall be notified by the Clerk of the County Board of Supervisors. Notice of awards shall be in the form of a copy of the resolution awarded by the County Board of Supervisors sent to all successful vendors by U.S. mail.

FINANCING OF MATERIAL OR EQUIPMENT PURCHASES:

When any bid includes the lease and/or purchase of goods, material and/or equipment, the vendor shall submit a price on the bid form supplied by the County. The price offered shall include all delivery, finance and any other charges that may be associated with said purchases or lease. The County shall only deal with the vendors actually submitting the bid AND supplying the goods, material, service or equipment described in the Bid

Specifications. Any financial or other arrangements made between the vendor and any other party as a part of this bid are strictly between those parties and the County shall not be included or be required to participate in them in any way. Furthermore, the County shall only make payments directly to the vendor awarded a contract as a result of that vendor submitting a valid bid, being deemed the successful vendor, awarded a contract and issued a purchase order. The County shall not make partial or prepayments of any kind unless stipulated in the Bid Specifications by the County.

PAYMENTS:

Payments to all vendors will be made within thirty (30) calendar days of receipt of an approved and accepted invoice by the County. If the contract is for equipment, the County will pay the vendor awarded the contract within thirty (30) calendar days of receipt and acceptance of the equipment as fully functional and operational including training of County staff by the vendor in the operation and maintenance of the equipment and upon receipt and approval of a correct invoice from the vendor. Prior to any vendor receiving payment, the County requires that all vendors have a current completed IRS form W-9 on file with the County Finance Department.

The County may, at its option, audit such books and records of the vendor as are reasonably pertinent to a contract awarded as a result of this bid to substantiate the basis for payment and compliance with the terms of the contract resulting from this bid.

TERM OF CONTRACT:

Any contract resulting from the award of this bid shall be for a term of twelve (12) months from the date of award. The County reserves the right to renew all or any part of this contract for up to two (2) twelve-month periods if agreeable by all parties and by resolution by the County Board of Supervisors.

PRICE ADJUSTMENTS:

Unless otherwise stated in this document, at no time during the term of any contract arising from an award by the County Board of Supervisors may any of the contract pricing be changed for any reason without prior written approval by the County. The vendor may request a price adjustment after the first six months of a contract term. However, the vendor may only make one such request per contract term. If a price adjustment request is made, the vendor shall give the County a minimum of thirty-(30) calendar days notification of any request for a price adjustment. Said adjustment may at no time exceed the Consumer Price Index Table 4 for all items as calculated by the County Purchasing Department. Should the County deem the requested adjustment unacceptable, the County reserves the right to terminate the contract in accordance with the terms of this bid and seek pricing from whatever sources legally available. (See also, “Quarterly Fuel Price

Adjustments” for County initiated price adjustments)

FUEL SURCHARGES:

The County will not pay any type of fuel surcharge on any item or contract unless specifically indicated as such by the County in the solicitation or contract. Any fuel charges added and not authorized by the

County will be deleted from any payments made to the vendor.

TAX ON MATERIALS:

In regard to any taxes applicable to a contract resulting from this bid, please acquire a copy of form ST-

120.1 from the NYS Department of Taxation and Finance and follow accordingly.

COMPLIANCE:

The vendor expressly understands and agrees that it is and shall in all respects be considered an independent contractor. The vendor, its employees, partners, associates, subcontractors, subconsultants and any others employed or retained by the vendor in the performance of a contract resulting from this bid, are not and shall not hold themselves out nor claim to be an officer or employee of the County, nor make claim to any rights accruing thereto, including but not limited to Workers Compensation, Unemployment Benefits, Social

Security or retirement plan membership or credit. Further, vendor, by virtue of his/her independent contractor status, shall under no circumstance constitute an employee of the County for purposes of the Affordable Care

Act, shall not be entitled to any subsidy or credit in connection with this bid, and agrees if the County were to be assessed a penalty related to this bid that vendor will defend and indemnify the County for any said penalty or related penalty.

PROGRESS:

The vendor shall issue progress reports to the County as the County may direct and shall immediately inform the County in writing of any cause for delay in the performance of a contract resulting from this bid.

INDEPENDENCE:

The vendor expressly understands and agrees that it is and shall in all respects be considered an independent vendor. The vendor, its employees, partners, associates, subcontractors, subconsultants and any others employed or retained by the vendor in the performance of a contract resulting from this bid, are not and shall not hold themselves out nor claim to be an officer or employee of the County, nor make claim to any rights accruing thereto, including but not limited to Workers Compensation, Unemployment Benefits, Social

Security or retirement plan membership or credit.

NON-DISCRIMINATION:

The vendor expressly agrees that:

(a) in the hiring of employees for the performance of a contract resulting from this bid, neither the vendor, any subcontractor, nor any person acting on their behalf, shall discriminate against any person on the basis of any characteristic or classification protected under New York State or federal anti-discrimination laws, who is otherwise qualified and available to perform the work to which the employment relates; and

(b) neither the vendor, any subcontractor, nor any person acting on behalf of such vendor or subcontractor shall, in any manner, harass, discriminate against or retaliate against any employee hired for the performance of work under this Agreement on account of any characteristic or classification protected under New York State or federal anti-discrimination laws; and

(c) in the course of performance of work under a contract resulting from this bid, neither the vendor, any subcontractor, nor any person acting on their behalf shall, in any manner, harass, discriminate against, or retaliate against any person on account of any characteristic or classification protected under New

York State or federal anti-discrimination laws; and

(d) that there may be deducted from the amount payable to the vendor by the County under any contract resulting from this bid a penalty of fifty dollars for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the contract; and

(e) that any contract resulting from this bid may be cancelled or terminated by the County, and all moneys due or to become due hereunder may be forfeited, for a second or any subsequent violation of this section.

NO CONFLICT:

The vendor agrees that it has no interest and will not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of the services and duties hereunder. The vendor further agrees that, in the performance of a contract resulting from this bid, no person having any such interest shall be employed by it.

The vendor represents and warrants that it has not employed or retained any person, other than a bona fide full time salaried employee working solely for the vendor to solicit or secure a contract resulting from this bid, and that it has not paid or agreed to pay any person (other than payments of fixed salary to a bona fide full time salaried employee working solely for the vendor) any fee, commission, percentage, gift or other consideration, contingent upon or resulting from the award or making a contract resulting from this bid. For the breach or violation of this provision, without limiting any other rights or remedies to which the County may be entitled or any civil or criminal penalty to which any violator may be liable, the County shall have the right, in its discretion, to terminate a contract resulting from this bid without liability, and to deduct the contract price, or otherwise to recover, the full amount of such fee, commission percentage, gift or consideration.

RECORDS:

All original records compiled by the vendor in performing under a contract resulting from this bid, including but not limited to written reports, studies, drawings, blueprints, negatives of photographs, computer printouts, graphs, charts, plans, specifications and all similar recorded data, shall become and remain the property of the County. The vendor may retain copies of such records for its own use.

INSURANCE:

Failure to secure and maintain the required insurances contained in Schedule “B,” which is attached hereto and made a part hereof, is a material breach of any contract(s) awarded as a result of this bid. Vendor shall reimburse the County for any funds expended by the County that would have been paid by Vendor’s insurance carrier under any required insurance. Should vendor’s required insurance be cancelled or lapse in any way, vendor shall submit the insurer’s notice of cancellation or lapse to the County within two business days of receipt.

DEFENSE AND INDEMNIFICATION:

The vendor agrees to the fullest extent of the law:

(a) that except for the amount, if any, of damage contributed to, caused by or resulting from the negligence of the County, the vendor shall indemnify and hold harmless the County, its officers, employees and agents from and against any and all liability, damage, claims, demands, costs, judgments, fees, attorneys' fees or loss arising directly or indirectly out of the performance or failure to perform hereunder by the vendor or third parties under the direction or control of the vendor; and

(b) to provide defense for and defend, at its sole expense, any and all claims, demands or causes of action directly or indirectly arising out of the acts or omissions referred to in Sub-paragraph “(a)” above and to bear all other costs and expenses related thereto. The duty to defend hereunder shall be triggered immediately upon notice to the vendor by the County of the County’s receipt of a Notice of Claim, service of process or other demand or claim.

These defense and indemnification obligations shall survive the expiration or termination of any contract resulting from this bid, whether occasioned by the contract’s expiration or earlier termination.

TERMINATION:

The County, upon ten (10) calendar days’ notice to the vendor, may terminate any contract(s) resulting from this bid in whole or in part when the County deems it to be in its best interest, whether with or without cause.

In such event, the vendor shall be compensated and the County shall be liable only for payment for goods, materials, equipment and/or services provided under any contract(s) awarded as a result of this bid up to the effective date of termination.

In the event of a dispute as to the value of services rendered by the vendor prior to the effective date of termination, it is understood and agreed that the County shall determine the value of such services rendered by the vendor. Such reasonable and good faith determination shall be accepted by the vendor as final.

Should the equipment fail to perform as advertised at any point within the timeframe of the guarantee, the vendor shall, at its own expense, and at the County option, repair or replace said equipment. Should the vendor fail to make the equipment operate as advertised within a reasonable amount of time as determined by the using department and the County Attorney, the vendor agrees to remove the equipment and refund the County a prorated amount as follows: the percentage of time the equipment ran as advertised, as documented by the

County, in comparison to the manufacturers guarantee shall be calculated and that percentage of the original purchase price shall be deducted and the remainder of the original purchase price shall be refunded to the

County. No finance or any other charges shall be assessed to or by either party.

In the event the County determines that there has been a material breach by the vendor of any of the terms of any contract(s) awarded as a result of this bid and such breach remains uncured for five (5) days after service on the vendor of written notice thereof, the County, in addition to any other right or remedy it might have, may terminate any contract(s) awarded as a result of this bid and the County shall have the right, power and authority to complete that which is required by the contract awarded as a result of this bid, and any additional expense or cost of such completion shall be charged to and paid by the vendor. Service of notice hereunder shall be effective on the date of mailing.

JUDGMENTS/LEGAL FINDINGS:

By submitting this bid for consideration, the vendor affirms that they currently have no judgments or other legal findings nor have any pending judgments or other legal findings against the company, its executives or any other person that will be employed in any fashion as a part of this contract, with any federal, state or local governmental entities that in any way could impact or have the potential to impact their ability to legally complete any contract awarded them as a result of this bid. Failure to disclose any such judgments and/or findings will result in the termination of any contracts and other penalties as deemed legal and appropriate by the County.

IRAN DIVESTMENT ACT:

By submitting a bid in response to this solicitation or by assuming the responsibility of a contract awarded hereunder, bidder/contractor (or any assignee) certifies that it is not on the list of "Entities determined to be non-responsive bidders/offerors pursuant to The New York State Iran Divestment Act of 2012"

("Prohibited Entities List") posted on the New York State Office of General Services (“OGS”) website at: http://www.ogs.ny.gov/about/regs/docs/ListofEntities.pdf and further certifies that it will not utilize on any contract(s) awarded as a result of this bid any subcontractor that is identified on the

Prohibited Entities List. Additionally, bidder/contractor is advised that should it seek to renew or extend any contract(s) awarded as a result of this bid, it must provide the same certification at the time the contract is renewed or extended.

During the term of any contract(s) awarded as a result of this bid, should the County receive information that a person (as defined in New York State Finance Law Section 165-a) is in violation of the above-referenced certifications, the County will review such information and offer the person an opportunity to respond. If the person fails to demonstrate that he/she has ceased its engagement in the investment activity which is in violation of The New York State Iran Divestment Act of 2012 within ninety (90) http://www.ogs.ny.gov/about/regs/docs/ListofEntities.pdf days after the determination of such violation, then the County shall take such action(s) as may be appropriate and provided for by law, vile, or contract, including, but not limited to, seeking compliance, recovering damages, or declaring the bidder/contractor in default.

The County reserves the right to reject any bid, request for assignment, renewal or extension for an entity that appears on the Prohibited Entities List prior to the award, assignment, renewal or extension of a contract, and to pursue a responsibility review with respect to any entity that is awarded a contract and appears on the Prohibited Entities list after contract award.

SUBSTITUTE OR "OR EQUAL" ITEMS:

A Contract, if awarded, may be on the basis of materials and equipment as described in the Drawings, and

Bid Specifications, and “or equal” items submitted by the bidder and accepted by the County.

The bidder may offer “or equal” items that meet the same performance and reliability standards as specified herein. If the bidder offers an “or equal” item, the bidder must include with the bid package, documentation establishing equality of construction, operation and utility. Said “or equal” items shall be accepted or rejected based upon the County’s evaluation of the submitted documentation. All costs associated with the review of any “or equal” items prior to recommendation of award, shall be at the bidders expense.

If a submitted “or equal” item is rejected, the bidders shall be afforded an opportunity to meet with the

County to offer additional qualifying opinions and information prior to the County rejecting the bid.

However, if the County determines that the materials or equipment do not meet the minimum acceptable specification, the vendor will not have the opportunity to offer the County other alternatives or to offer the original equipment specified by the County. Additionally, the bidder shall not have the opportunity to submit any alternative materials or equipment after the bids have been opened or awarded. Neither the

County nor its representatives shall make any determinations as to equality of materials or equipment prior to the opening of bids.

The decision to accept or reject an “or equal” item rests solely with the County. If a substitute “or equal” item is not accepted by the County, the bid will be deemed non-responsive and the County shall reject this bid. The next lowest responsive bid shall then be reviewed for recommendation of award.

NON-APPROPRIATIONS CLAUSE:

In accordance with the GML, the County will not be liable for any purchases or contracts for which funding is not available. As a result, the vendor 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. Receipt of a resolution by the County Board of Supervisors is not in and of itself a binding contract with the County. 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 agrees to only assess those financial damages that it can prove to have incurred as a direct result of the cancellation. See Bid Form for further notes.

NON-ASSIGNMENT:

In accordance with GML Section 109, at no time during the duration of any contract(s) resulting from this bid, shall the successful vendor be allowed to assign, transfer, convey, sublet or otherwise dispose of the same, or of his right, title, or interest therein, or his power to execute such contract, to any other person or corporation any portion of the contract to a third party without the prior express written approval of the

County Board of Supervisors.

EMPLOYEE VERIFICATION REQUIREMENTS:

All vendors and all municipal entities included under any contract(s) resulting from an award of this bid are required to comply with all current state, federal and local laws, rules and regulations as they pertain to the verification of the ability of each employee to legally work in this state and country. This includes all employees, subcontractors and their employees engaged in work covered by said contract.

All vendors shall, upon request, supply the County with certified copies of U.S. Citizenship and

Immigration Services Form I-9 for all employees, subcontractors and their employees. These forms should be on file at the vendor’s home office and are available online at http://www.uscis.gov/files/form/i-9.pdf

. By submitting a bid for consideration by the County, the vendor acknowledges that it has complied with and will continue to comply with all regulations and statutes concerning the verification of employee status.

MISCELLANEOUS:

If any provision of a contract resulting from this bid is determined to be invalid or unenforceable, that shall not affect the validity or enforceability of the remaining portions of the contract resulting from this bid. Any such invalid or unenforceable provision shall be modified so as to give effect to the original intent of the parties to the maximum extent possible. Each and every provision of law and clause required by law to be inserted in a contract resulting from this bid shall be deemed to have been inserted herein, and if through mistake or inadvertence such provision is not inserted, said clause shall be deemed to have been inserted and shall have the full force and effect of law. Any contract resulting from this bid shall be construed and enforced in accordance with the laws of the State of New York.

BID FORM RESPONSES:

When filling out the Bid Form, be certain that:

1. All blanks are filled in with the requested information;

2. All forms are signed in blue or other non-black ink;

3. All areas requiring a price are to be filled in as follows:

• Supply a numerical price for all products or services to be provided. (This includes a $0.00 if there is no additional cost for any item);

• The words “No Bid” if you are not interested in or unable to perform any particular portion for the bid;

• All markings other than those indicated above or any blank spaces where prices are indicated shall be deemed as a “no bid” by the County and shall make the vendor non-responsive for that particular item (s). No exceptions shall be made in this case.

BID SPECIFICATIONS SUBMITTED BY: County Purchasing

County Sustainability & Solid Waste http://www.uscis.gov/files/form/i-9.pdf

Schedule "B"

This “Schedule B” consists of (1) proof of Workers’ Compensation insurance, (2) proof of Disability insurance, (3) proof of liability insurance and (4) these Schedule “B”

Instructions. Proof of insurance is usually in the form of an insurance ACORD Certificate that shall be provided by the Vendor/Contractor/Consultant prior to standing committee approval or issuance of a purchase order. In addition, all bids and quotes require proof of insurance with the response.

ANY change in or waiver of insurance requirements must be approved by the County

Governmental Operations and Insurance Committee. A written explanation of change or waiver shall be provided if it has been granted.

Workers’ Compensation and Disability Insurance

Vendor/Contractor/Consultant shall provide to the County proof of Workers’

Compensation and Disability insurance in compliance with New York State law. If the

Vendor/Contractor/Consultant is not required to have these types of insurance, the

Vendor/Contractor/Consultant must provide to the County a form CE-200, which can be filled out on the State’s website at www.wcb.state.ny.us.

Liability Insurance

The type and limits of liability insurance required by a particular vendor/contractor/consultant are contained in the attached chart. On the chart, check the appropriate category for the particular vendor/contractor/consultant.

Once the category of liability insurance is chosen, the Vendor/Contractor/Consultant shall provide an ACORD Insurance Certificate that indicates compliance with the requirements and further contains ALL of the following:

a. All insurance certificates must be on a New York approved ACORD form. ACORD

Insurance Certificates must be executed by an insurance company and/or agency or broker, which is licensed by the Insurance Department of the State of New York.

b. The proper ACORD form must contain (i) the name of the agent producing the form

(ii) a policy number, (iii) policy effective date and expiration date, and (iv) the name of the Vendor/Contractor/Consultant, which must match the

Vendor/Contractor/Consultant name on the Agreement.

c. Insurance shall be written on an occurrence coverage form. Insurance shall include coverage for bodily injury and property damage liability. In addition, if the

Vendor/Contractor/Consultant provides services to minors 0 to 18 years of age, insurance coverage shall include sexual abuse and molestation coverage for the participants in the program.

d. With respect to contracts where professional liability is required, the http://www.wcb.state.ny.us/

Vendor/Contractor/Consultant shall either maintain this coverage for not less than three (3) years following expiration or termination of the Agreement, or shall provide an equivalent extended reporting endorsement (commonly known as a “tail policy”).

c. All GENERAL AND AUTO LIABILITY insurance certificates must name Ontario

County as an “additional insured” (Professional liability insurance certificates do not).

Additional insured status must include products and completed operations.

d. “Certificate Holder” shall be made out to the "County of Ontario, 20 Ontario Street

St., Canandaigua, NY 14424" and coverage must comply with all specifications of the

Agreement.

e. The Description of Operations must say “Vendor/Contractor/Consultant services provided as per contract with Ontario County.”

Notice of Non-renewal, Change, or Cancellation

Vendor/Contractor/Consultant shall provide to the County of Ontario and the County

Department requesting this Certificate at least thirty (30) days prior written notice of any non-renewal, change, or cancellation of the policy or policies required herein.

Proof of Insurance

All insurance forms are only good for one year and the Vendor/Contractor/Consultant must provide new certificates when they expire.

Limitation of Liability

The policy limits required by this Schedule B shall in no way operate or be considered as a limitation of Vendor’s/Contractor’s/Consultant’s liability.

Waiver of Subrogation

Vendor/Contractor/Consultant hereby grants to the County a waiver of any right to subrogation which any insurer of said Vendor/Contractor/Consultant may acquire against the

County by virtue of the payment of any loss under such insurance.

Vendor/Contractor/Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the

County has received a waiver of subrogation endorsement from the insurer.

Primary Coverage

Vendor/Contractor/Consultant’s insurance shall be primary and the County’s self-insurance shall be excess and shall not contribute with it.

Vendor

Classification

A

Construction

& Maintenance

B

Purchase or Lease of Merchandise or

Equipment

C

Consultant

Services

D

Professional

Services

E

Property Leased to

Others or Use of

Facilities or Grounds

F

Transportation

Services

G

All Purposes

Public

Entity Contracts

Commercial

General Liability

Each Occurrence $1,000,000 CSL $1,000,000 CSL $1,000,000 CSL $1,000,000 CSL $1,000,000 CSL $1,000,000 CSL $1,000,000 CSL

Fire Damage $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00

General Aggregate $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00

Product Comp/Op $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00

Personal & Adv. Injury $ 1,000,000.00 $ 1,000,000.00

Auto Liability

$1,000,000 CSL

Owned $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00

Hired $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00

Non-Owned $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00 $ 1,000,000.00

Workers Compensation

& Employers Liability

See Below

Disability Benefits

Professional Liability

$1,000,000

Ontario County to be

Named Add'l Insd On

GL-AL

GL

Note: Workers Compensation & Disability Benefits required by sections 57 and 220 Subd. 8 of the Workers Compensation Law must be completed and returned with the Insurance ACORD- http://www.wcb.state.ny.us/content/main/forms/AllForms.jsp

(***) If a vehicle is used in the execution of the contract, the Consultant/Professional shall provide evidence of Auto Liability Coverage of $1,000,000

Combined Single Limit http://www.wcb.state.ny.us/content/main/forms/AllForms.jsp

Workers’ Compensation Requirements under Workers’ Compensation Law §57

To comply with coverage provisions of the Workers’ Compensation Law (WCL), businesses must:

a) be legally exempt from obtaining workers’ compensation insurance coverage; or

b) obtain such coverage from insurance carriers; or

c) be a Board-approved self-insured employer; or

d) participate in an authorized group self-insurance plan.

To assist State and municipal entities in enforcing WCL Section 57, businesses requesting permits or seeking to enter into contracts MUST provide ONE of the following forms to the government entity issuing the permit or entering into a contract:

A) Form CE-200, Certificate of Attestation of Exemption from NYS Workers' Compensation and/or

Disability Benefits Coverage;

Form CE-200 can be filled out electronically on the Board’s website, www.wcb.state.ny.us. Click on the last button in the lower right hand corner {WC/DB Exemptions Form CE-200 (In bright yellow letters)}

Applicants filing electronically are able to print a finished Form CE-200 immediately upon completion of the electronic application. Applicants without access to a computer may obtain a paper application for the CE-200 by writing or visiting the Customer Service Center at any district office of the Workers’

Compensation Board. Applicants using the manual process may wait up to four weeks before receiving a

CE-200. Once the applicant receives the CE-200, the applicant can then submit that CE-200 to the government agency from which he/she is getting the permit, license or contract; or

B) Form C-105.2, Certificate of Workers’ Compensation Insurance (the business’s insurance carrier will send this form to the government entity upon request). Please Note: The State Insurance Fund provides its own version of this form, the U-26.3; or

C) Form SI-12, Certificate of Workers’ Compensation Self-Insurance (the business calls the Board’s

Self- Insurance Office at 518-402-0247), or GSI-105.2, Certificate of Participation in Worker’s

Compensation Group Self-Insurance (the business’s Group Self-Insurance Administrator will send this form to the government entity upon request).

Disability Benefits Requirements under Workers’ Compensation Law §220(8)

To comply with coverage provisions of the WCL regarding disability benefits, businesses may:

a) be legally exempt from obtaining disability benefits insurance coverage; or

b) obtain such coverage from insurance carriers; or

c) be a Board-approved self-insured employer.

Accordingly, to assist State and municipal entities in enforcing WCL Section 220(8), businesses requesting permits or seeking to enter into contracts must provide one of the following forms to the entity issuing the permit or entering into a contract:

A) CE-200, Certificate of Attestation of Exemption from NYS Workers' Compensation and/or Disability

Benefits Coverage (see above);

B) DB-120.1, Certificate of Disability Benefits Insurance (the business’s insurance carrier will send this form to the government entity upon request); or C) DB-155, Certificate of Disability Benefits Self-Insurance (the business calls the Board’s Self- Insurance Office at 518-402-0247).

NYS Agencies Acceptable Proof: Letter from the NYS Department of Civil Service indicating the applicant is a New York State government agency covered for workers’ compensation under Section

88-c of the Workers’ Compensation Law and exempt from NYS disability benefits.

https://www.businessexpress.ny.gov/ or http://www.wcb.ny.gov/content/ebiz/wc_db_exemptions/wc_db_exemptions.jsp http://www.wcb.state.ny.us/ http://www.businessexpress.ny.gov/ http://www.businessexpress.ny.gov/ http://www.wcb.ny.gov/content/ebiz/wc_db_exemptions/wc_db_exemptions.jsp

2/19/2025

BID SPECIFICATIONS

The County of Ontario is seeking Bids for Backyard Composters. The intent of this Bid is to award a single contract to a vendor with service to begin April 1, 2025. The chosen vendor will work with County staff and partner agencies to provide residents with the tools they need to compost in their backyard, including physical materials, educational information, as well as an easy efficient way to process obtainment of materials.

SCOPE:

Ontario County is a rural community located within the heart of the Finger Lakes, 40 minutes southeast of Rochester NY. Just over 110,000 residents live within the 26 municipalities within County borders. As a New York State Department of Environmental Conservation recognized Planning Unit, the County maintains a Local Solid Waste Management Plan (LSWMP) with the goal of facilitating responsible waste management practices and ultimately reducing the amount of waste generated by

County residents that is sent to be landfilled. One key focus area for the County is the diversion of organic material, specifically food waste. There are many environmental impacts with the disposal of waste, while diversion of this material, via composting reduce these impacts, as well as has other benefits to residents financially. Since 2020, the County has offered a backyard composting program to its residents providing them the tools to successfully start diverting food waste and other organics from their home waste stream.

GENERAL REQUIREMENTS:

Upon award, the Department of Sustainability & Solid Waste Management (“Department”) will establish with the vendor the number of each type of resource needed for the 2025 program.

The vendor shall provide competitive pricing for composting units and accessories.

The vendor shall host an easy-to-use web-based platform, on behalf of the County, for residents to select and pay for their composting unit and accessories.

The vendor shall label all composting units and educational materials with the Department’s logo.

Any additional education materials provided by the vendor regarding their product, shall be vetted by

Ontario County’s Cornell Cooperative Extension.

The vendor shall meet all local, state and federal requirements including HIPPA and FACTA.

The vendor shall bill the using department separately after each service. The vendor invoicing shall be detailed and should be based upon the full price of the product less the payments made by residents, resulting in the amount due and payable by the Department. Payment shall be made within thirty (30) days of receipt of an approved and acceptable invoice (see General Information). All payments shall be made by check through the U.S. Mail (or by EFT if applicable). Vendors may not pick up checks personally.

COMPOSTING UNITS AND ACCESSORIES:

The vendor shall provide a price per item for the following:

1) Backyard composting unit – approximate size – 80 gallons

2) Kitchen/Countertop collection pail – approximate size – 2 gallons

3) Aeration tool

4) Rodent/Pest base screen

At a minimum, pricing for each individual product must be included in the vendors response. In addition, pricing for a bundle of items # 1 - # 4 must be provided as well. If the vendor offers other products not listed, but related to backyard composting, pricing for those products can be provided as well, but must be provided in the above-mentioned format.

DELIVERY:

The vendor must have the ability to ship all products on an on-demand schedule. All products shall be shipped FOB Destination to 3059 County Complex Drive, Canandaigua, NY 14424. All products must ship on standard sized pallets, with the ability to be offloaded by forklift, pallet jack or lift gate. All costs associated with delivery (handling, transportation, offloading equipment – forklift/ lift gate, etc.) must be included in the price.

WEB-BASED PAYMENT PLATFORM:

The vendor shall host an easy-to-use web-based platform, on behalf of the County, for residents to select and pay for their composting units and accessories. This must be a secure site with the availability to process electronic payments such as credit cards at the time of ordering.

Weekly updates on the number of orders will be required. Including department requested information, such as number of orders, transaction details, addresses, contact information, etc. The update must be provided in Excel format.

AWARD OF THE BID:

The vendor who can meet all requirements of the contract and specifications listed as well as provides the best value to the County per the bid evaluation and selection process, will be awarded a contract.

ADDITIONAL CONDITIONS:

Ontario County works very closely with its local municipalities, and only achieves its waste diversion goals with their cooperation and involvement. Given this, through this BID local municipalities will have the opportunity to piggy-back off this contract to implement their own backyard composting programs. These terms include:

1. Access to same cost per unit pricing, with a minimum of 50-unit order.

2. Same composting units and educational materials with municipal logo stamped, imprinted or other option, in addition to the County logo.

BID EVALUATION AND SELECTION PROCESS

Proposals submitted by responsive and responsible bidders will be evaluated in the selection process based on Best Value that is demonstrated to be in the best interest of Ontario County.

In determining the “best value,” the following criteria will be used to evaluate the bids received:

1.) Price – 30 points

2.) Product – 20 points

3.) Delivery Logistics – 10 points

4.) Payment Transaction Process – 20 points

5.) Responsiveness – 20 points

Price – (30 points) the bidder with the lowest bundle pricing receives the maximum score.

Product – (20 points) the bidder with the product that meets/exceeds the specifications provided within the technical specifications will receive the maximum score.

Delivery Logistics – (10 points) the bidder that provides a clear delivery timeline, accommodating the

County’s program needs, shall receive the maximum score.

Payment Transaction Process (20 points) – scoring will be based upon the bidder’s ability to support sales with an accessible website for residents to purchase their items, receive product information, backyard composting education, and an easy link to the County’s website for pick-up time registration.

Responsiveness (20 points) – the bidder will commit to consistent weekly reporting, easy communication, and efficient problem solving. Past performance will be taken into consideration, if the bidder is a vendor the County has worked with before.

The bidder with the second-best response to each evaluation criteria will receive 2 less points for those criteria. For example, the bidder with the second lowest bundle pricing will receive 28 points, then next 26, so on and so forth.

BID FORM – B25029

PROPOSAL FORM FOR BID to be publicly opened and read at the date, time and location listed on the notice to bidders.

Bids must be submitted in a sealed envelope plainly marked as to its contents.

Award of bid will be based upon best value per specifications.

The County reserves the right to reject any or all bids.

By signing and submitting this Bid Form, the undersigned acknowledges that they have read, understand and agree to all of the terms of the bidding documents as presented without reservation or alteration including: the Notice to Bidders, Instructions to Bidders, General Information, Schedule B Insurance Requirements, Bid Specifications B25029, Bid Form B25029 and any

Addenda upon which the bid is based.

All prices are to be net delivered prices and are to include no taxes.

DATE OF BID: ____________________________________________

NAME OF FIRM: __________________________________________

MAILING ADDRESS: ______________________________________

CITY/STATE/ZIP CODE: ____________________________________

TELEPHONE NUMBER: ____________________________________

FAX NUMBER: ____________________________________________

E-MAIL ADDRESS: _________________________________________

BY: _______________________________________________________

Signature of Representative (Blue or other non-black ink required)

BY: _______________________________________________________

Signature of Representative (PRINTED)

FEDERAL OR TAX ID # ______________________________________

ADDENDA

The following is confirmation of all the addenda upon which this bid proposal is based.

– Addenda # ________ - Received - _____________, 2025 _____________ Initialed by Rep.

– Addenda # ________ - Received - _____________, 2025 _____________ Initialed by Rep.

– Addenda # ________ - Received - _____________, 2025 _____________ Initialed by Rep.

INDIVIDUAL, CORPORATE, PARTNERSHIP OR LLC ACKNOWLEDGMENT

STATE OF _______________)

)SS:

COUNTY OF _______________)

On the ___ day of _______________________, in the year 20__ before me personally appeared

_____________________________________, known to me to be the person who (name of person signing contract) executed the within instrument, who being duly sworn by me did depose and say that __he resides at

_________________________________ in the Town of ____________________, County of

______________________, State of ___________________, and further that:

[Check One]

( If an individual): __he executed the foregoing instrument in his/her name and on his/her own behalf, or doing business as (d/b/a) _____________________________________________.

(name of company)

( If a corporation): __he is the __________________of __________________________, the (title) (name of company) corporation described in said instrument; that, by authority of the Board of Directors of said corporation, __he is authorized to execute the foregoing instrument on behalf of the corporation for the purposes set forth therein; and that, pursuant to that authority, __he executed the foregoing instrument in the name of and on behalf of said corporation, as the act and deed of said corporation.

( If a partnership): __he is the…