ENGINE AND HYDRAULIC OIL

AND OTHER LUBRICANTS

BID #26-90

JEFFERSON COUNTY PURCHASING DEPARTMENT

HISTORIC COURT HOUSE, 195 ARSENAL STREET

WATERTOWN, NEW YORK 13601-2565

PH: (315) 785-3077

FAX: (315) 785-7591

Email: Bids@jeffersoncountyny.gov

Date of Notice: October 1, 2026

Notice to Bidders

In accordance with Section 103 of General Municipal Law, State of New York, Jefferson County (herein called the County) invites the submission of sealed bids for:

BID #26-90 ENGINE AND HYDRAULIC OIL AND OTHER LUBRICANTS

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

https://www.jeffersoncountyny.gov/departments/Purchasing/OpenSolicitationsandBidOpportunities or in person or via mail at: Jefferson County, 195 Arsenal Street, Watertown, New York 13601, until TUESDAY, OCTOBER 27, 2026 AT 2:30 PM. Bids may not be submitted via fax or email, and all bids submitted must remain valid for up to forty-five (45) days from the date of the bid opening. No bids will be considered if received after the due date and time and the Purchasing Department shall assume no responsibility for the premature opening of any bid not properly addressed and identified.

Copies of this bid may be examined and copies obtained at the County Purchasing Department. The County reserves the right to reject any and all bids received.

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

ENGINE AND HYDRAULIC OIL AND OTHER LUBRICANTS

DETAILED SPECIFICATIONS

BULK OIL

15W-40 with CJ-4 Rating, 5W-20, 5W-30, 10W-30 & 50W Motor oil to be used in both gas and diesel fueled vehicles. To be classified as heavy duty with the following specifications: * MIL-L-2104E * MIL- L-46152D * MACK EOK/2, T-6, T-7 * API CD-II, CE,CF-4, SG * CATERPILLAR TO-2 * ALLISON C-3 AND C-4 * CUMMINS NTC-400, UTF TRACTOR. Delivered in Bulk to holding tanks or in 55 gallon drums.

HYDRAULIC OIL

Grade rating of ISO 32 with the following specifications: * AW32LT, VICKERS I-286S, M-2950S, 35VQ25A * RACING MODELS * CINCINNATI MILACRON P-68, P-69, P-70 * DENISON HF-0 * DIN 51524 PART 2 * LEE-NORSE 100-1 * JEFFERY NO. 87 * FORD M-6631 * GM LH-04-1, LH-06-1, LH15-1 * COMMERCIAL HYDRAULICS * AFNOR E 48-603 * US STEEL NO 136, 127 * UNIVERSAL TRACTOR OR TORQUE TDH, TRANSMISSION, SHELL TELLUS T-22, DIFFERENTIAL WITH J2OC SPECS. Delivered in Bulk to holding tanks or in 55 gallon drums.

All bulk oil shall be bid with the point of delivery to be the Jefferson County Highway Department, Recycling Department, Watertown, the Watertown International Airport, Dexter or any other County Department.

Jefferson County reserves the right to add items to this contract during the contract period.

PRICE ADJUSTMENTS:

The Successful Bidder may request to adjust pricing on an annual basis from the Date of Award.

Increases shall be based solely on Manufacturer’s pricing and must be no greater than the percentage of Manufacturer’s increase to the vendor. The Successful Bidder shall submit a request for price adjustment to the Jefferson County Purchasing Department, a minimum of (30) calendar days prior to the requested increase. The Request must include a separate letter from the Manufacturer showing the amount (%) of the increase to the Vendor.

The Successful Bidder must automatically pass on the Manufacturer’s reduction in prices as each applies during the contract period with notification to the Jefferson County Purchasing Department.

OTHER LUBRICANTS TO BE BID

A T F DEX III 55 gal containers ATF + 4 55 gal containers ATF DEXTRON VI 16 gal keg

ATF TUX TRUST DEXTRON VI

ATF A295 Shell Spirax S6

16 gal keg 55 gal containers

UTF Tractor Hydraulic Fluids (Empire h/t, or equal) 55 gal containers Bulk

Aviation Oil Phillips XC 20/50 12 qt/case Aviation Oil Aeroshell W 15W50 Aircraft Turbine Engine Oil, Eastman 2380, or equal

6 qt/case 24 qt/case

Limited Slip G L 5 80W - 85 - 90 400 lb containers Limited Slip G L 5 80W - 85 - 90 120 lb containers Limited Slip G L 5 80W - 85 - 90 35 lb containers

Gear Lube, 75W90, Synthetic 120 lb containers Gear Lube, 75W90, Synthetic 5 gal pail

*Bidder shall state delivery charge and Drum Deposit, if any, to have barrels delivered to any Department in the County.

Gear Lube, 75W90, Synthetic Qts by case lot

Grease (Kendall Super Blue L-427 or equal) 120 lb containers (unlined) Grease (Kendall Super Blue L-427 or equal) 35 lb containers (unlined)

Grease (Kendall Super Blue L-427 or equal) 14 oz tubes by case

Manual Trans Fluid - 50W Synthetic 5 gal pail Manual Trans Fluid - 50W Synthetic Qts by case lot

Trans and Drive with TO 4 Rating, 10W 55 gal containers

Trans and Drive with TO 4 Rating, 30W 55 gal containers

Trans and Drive with TO 4 Rating, 50W 55 gal containers

Premium Motor Oil 5W-20 1 qt containers

5W-20 5W-20

55 gal containers Bulk

5W-30 1 qt containers 5W-30 5W-30

55 gal containers Bulk

10W-30 1 qt containers 10W-30 10W-30

55 gal containers Bulk

10W 55 gal containers 30W 1 qt containers 30W 55 gal containers

40W 55 gal containers 50W 55 gal containers

Antifreeze

Peak Extended Life Antifreeze (or equal) 1 gal containers Peak Extended Life Antifreeze (or equal) 55 gal containers Road King Ethylene Glycol Base Coolant 55 gal containers DEXCOOL Orange Antifreeze 55 gal containers

DEXCOOL HD Red Antifreeze Diesel Exhaust Fluid DEF NOXBLUE DEF Advanced Bearing Oil Shell Morlina 54 B220 Windshield Washer Fluid Grease Cartridges VAL985 – Low Temp Synthetic Power Service Diesel Fuel Supplement & Cetaine Boost

55 gal containers 55 gal containers 5 gal pail 1 gal container – 6 gal/case 14 – 1oz tubes

2.5 lb Containers

BID PAGE

Bid Item Container size Price Brand/Manufacturer Engine Oil

1 40W diesel engine oil 55 Gal. Drum

2 30W diesel engine oil Quart

3 15/40 Diesel engine oil Cj-4 rating Bulk

4 15/40 Diesel engine oil Cj-4 rating 55 Gal. Drum

5 15/40 Diesel engine oil CK-4 rating Bulk

6 15/40 Diesel engine oil CK-4 rating 55 Gal.Drum

7 10/30 Diesel engine oil CK-4 rating Synthetic Blend Bulk

8 10/30 Diesel engine oil CK-4 rating Synthetic Blend 55 Gal.Drum

Oil Sample lab analisis service for synthetic blend oils to be included with Syn-bend oils

10 5W/30 synthetic blend Bulk

11 5W/30 synthetic blend 55 Gal. Drum

12 5W/30 synthetic blend Quart

13 10W/30 synthetic blend Bulk

14 10W/30 synthetic blend 55 Gal. Drum

15 10W/30 synthetic blend Quart

16 5W/20 synthetic blend Bulk

17 5W/20 synthetic blend 55 Gal. Drum

18 5W/20 synthetic blend Quart

19 0W/20 Dexos Full Synthetic Bulk

20 0W/20 Dexos Full Synthetic 55 Gal. Drum

21 0W/20 Dexos Full Synthetic Quart

22 0W/40 Dexos Full Synthetic 55 Gal Drum

23 5W/30 Dexos Full Synthetic Bulk

24 5W/30 Dexos Full Synthetic 55 Gal. Drum

25 5W/30 Dexos Full Synthetic Quart

26 Aviation oil Phillips XC 20/50 12 Qt./Case

27 Aviation oil Aeroshell W15W/50 6 Qt./Case

Aircraft Turbine Engine Lubricating Oil, MIL-PRF-23699 SPEC, Eastman 2380 or equal 24 Qt/Case

29 Eastman Turbo Oil for Turbine Engine & Accessory 24 Qt/Case

Hydraulic Oil

30 Universal Tractor Hydraulic oil Bulk

31 Universal Tractor Hydraulic oil 55 Gal. Drum

32 AW32 premium Hydraulic oil Bulk

33 AW32 premium Hydraulic oil 55 Gal. Drum

34 AW32LT premium Hydraulic oil Bulk

35 AW32LT premium Hydraulic oil 55 Gal. Drum

36 Shell Tellus S3V46 55 Gal. Drum

37 Shell Tellus S3V46 5 Gal. Pail

38 Dual Range HV ISO 68 55Gal. Drum

39 Dual Range HV ISO 68 5 Gal. Pail

40 Shell Tellus T-22 55Gal. Drum

41 Shell Tellus T-22 5 Gal. Pail

Gear/ Bearing Lube

42 Limited Slip 80W85/90 GL5 55Gal. Drum

43 Limited Slip 80W85/90 GL5 120Lb. Drum

44 Limited Slip 80W85/90 GL5 5 Gal. Pail

45 Synthetic 75W/90 GL5 55Gal. Drum

46 Synthetic 75W/90 GL5 120Lb. Drum

47 Synthetic 75W/90 GL5 5 Gal. Pail

BID PAGE

Bid Item Container size Price Brand/Manufacturer

48 Synthetic 85W/140 GL5 55Gal. Drum

49 Synthetic 85W/140 GL5 120Lb. Drum

50 Synthetic 85W/140 GL5 5 Gal. Pail

Gear/ Bearing Lube Cont.

51 Shell Morlina S4 B220 55Gal. Drum

52 Shell Morlina S4 B220 120Lb. Drum

Transmission Fluid/oil

53 Shell Morlina S4 B220 5 Gal. Pail

54 Dextron III 55Gal. Drum

55 Dextron III 5 Gal. Pail

56 Citgo Transgard synthetic 55 Gal Drum

57 Citgo Transgard synthetic 5 Gal. Pail

58 Citgo Transgard Multi-purpose 55 Gal Drum

59 Citgo Transgard Multi-purpose 5 Gal. Pail

60 ATF+4 55Gal. Drum

61 ATF+4 5 Gal. Pail

62 ATF Dextron VI 55Gal. Drum

63 ATF Dextron VI 5 Gal. Pail

64 ATF Shell Spriax S6 ATF- TES-295 55Gal. Drum

65 ATF Shell Spriax S6 ATF- TES-295 5 Gal. Pail

66 TO-4 10W 55Gal. Drum

67 TO-4 10W 5 Gal. Pail

68 TO-4 30W 55Gal. Drum

69 TO-4 30W 5 Gal. Pail

70 TO-4 50W 55Gal. Drum

71 TO-4 50W 5 Gal. Pail

72 50W Full Synthetic (Must meet Eaton Roadranger E500 spec) 5 Gal. Pail

Grease 73 NGLI #2 Lithium High Pressure 14Oz Tubes By Case

74 NGLI #2 Lithium High Pressure 5 Gal Pail

75 NGLI #2 Lithium High Pressure 120Lb. Drum

76 NLGI #2 Moly EP Synthetic Plus 14Oz Tubes By Case

77 VAL985 Low Temp synthetic 14Oz Tubes By Case

78 VAL985 Low Temp synthetic 5 Gal Pail

79 VAL985 Low Temp synthetic 120Lb. Drum

80 Citgo Lithoplex PL Grease - #655538001 5 Gal Pail

81 Citgo Lithoplex PL Grease - #655539001 5 Gal Pail

82 Citgo Lithoplex PL Grease - #655540001 5 Gal Pail

83 No. 2 Multipurpose Grease 10/14 oz Cartridge Tubes

84 274 Moly EP Synthetic Grease NLGI O 5 Gal Pail

Anti-Freeze/ Coolant

Extended Life Heavy Duty Pre-Mix

Road King 9901 Red 50DR or Equivlant Gallon

Extended Life Heavy Duty Pre-Mix

Road King 9901 Red 50DR or Equivlant 55Gal. Drum

87 Xtrem Blue -20 windshield washer Fluid 1 Gallon/ 6 per Case

88 Rain X 2 in 1 -25 Degree All Season Windshield washer Fluid 1 Gallon/ 6 per Case

89 Diesel Exhaust Fluid 2.5 Gal Jug

90 Diesel Exhaust Fluid 55Gal. Drum

91 Diesel Exhaust Fluid 330 Gal. Tote/ Bulk

BID PAGE

Bid Item Container size Price Brand/Manufacturer

92 Power Service Diesel Fuel Supplement & Cetaine Boost 2.5lb Container

Vendor will supply and install one 330 gallon bulk tote for

Highway and one 330 gallon bulk tote for Solid Waste. Each tote must include a dispensing unit with meter and a 25 foot retractable dispensing reel. All hardware must be D.E.F compatible. One additional bulk tote will be supplied to

Highway for a reserve. Dispensing equipment will not be necessary for this reserve tote

All DEF equipment will be serviced and maintained by the vendor.

COMPANY NAME DATE

All products must meet or exceed requested items specifications

Vendors must provide product specification/data sheets for all products

INSTRUCTIONS TO BIDDERS & GENERAL REQUIREMENTS

1. With submission of a bid, a Bidder agrees to be bound by the requirements set forth in the following general conditions. Whenever reference is made to “Contractor”, “Bidder”, or “Vendor”, this shall include the party with whom the County has entered into an agreement, as well as any subcontractors whom the Bidder has engaged. Please submit two (2) copies - one (1) original unbound and one (1) copy.

2. The County does not assume responsibility for errors or misinterpretations resulting from the use of incomplete sets of documents or documents that were not directly issued by the Jefferson County Purchasing Department. Any Vendor submitting a bid based on incomplete or inaccurate information resulting from documentation received from a third party shall not have cause for relief or completion of a contract in accordance with the official documents on file with the Purchasing Department. Verbal explanations or instructions regarding this bid provided by anyone other than an employee of the Purchasing Department shall be considered informal and will not be binding on the County unless confirmed in writing as an amendment to this solicitation, if such information is deemed necessary for the preparation of uniform bids. The County reserves the right to “Revise” or “Amend” the bid specification prior to the bid opening date by “Written Addenda”

Prior to submission of a bid it is the responsibility of each Bidder to become fully familiar with the requirements of this solicitation. No Bidder may plead misunderstanding because of the misinterpretation of estimates, scope of work, or other issues related to this request. It shall be the responsibility of each Bidder to identify any apparent discrepancy in the specifications or question of interpretation thereof. Failure to do so constitutes acceptance as written. The apparent silence of this specification as to any details or the omission from it of a detailed description concerning any part shall be interpreted as meaning that only the best commercial practices are to prevail and that only materials and workmanship of first quality are to be used. The County shall have the right to waive any technical defect, qualification, omission, informality, or irregularity in any bid received if, in its judgment, the best interest of the County shall thereby be served. The County will issue no response to any request for clarification received within five (5) days of the due date.

3. Sealed Bids will be received by the Office of the County Purchasing Department electronically via the

Jefferson County Purchasing Department’s webpage:

https://www.jeffersoncountyny.gov/departments/Purchasing/OpenSolicitationsandBidOpportunities or in person or via mail at: Jefferson County, 195 Arsenal Street, Watertown, New York 13601. If submitting by mail or in person, bids should be in a sealed envelope marked with the name of the bid and the words “SEALED BID” written on the outside of the envelope. Please submit two (2) copies -one (1) original unbound and one (1) copy. Bids may not be submitted via fax or email, and all bids submitted must remain valid for up to forty-five (45) days from the date of the bid opening. No bids will be considered if received after the due date and time and the Purchasing Department shall assume no responsibility for the premature opening of any bid not properly addressed and identified.

4. Taxes. No charge will be allowed for federal, state, sales, and excise taxes from which the County is exempt. Exemption Certificates will be provided upon request.

5. Deviations. Deviations to the specifications must be fully explained, and if judged to be in the best interest of the County, may be accepted at the sole discretion of the County.

6. Qualifications. Each Bidder must be prepared to present satisfactory proof of his ability to successfully complete the requirements of this solicitation.

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

7. Accountability - Bidder shall be fully accountable for his or her performance under any contract executed pursuant to this solicitation, and agrees to answer under oath all questions relevant to the performance thereof as to any transaction, or action done or omitted in connection therewith if called before any Judicial, County or State Office or Agency empowered to investigate the contract or performance. By submitting a bid, the bidder affirms that all the requirements of the specifications are understood and accepted, and prices quoted shall be considered all-inclusive except as noted.

Each bidder affirms that all figures provided are correct to the best of their knowledge and understands that Jefferson County will not be responsible for any errors or omissions on the part of the bidder regarding estimates, calculations, or preparation of the bid, and will not be grounds for withdrawal or correction of the bid or bid security except as provided under General Municipal Law.

In case of errors between unit and extension of prices, the unit price will govern.

8. Award. The County has endeavored to incorporate within these specifications all the elements which it reasonably anticipates will be required to obtain responses from qualified Bidders. By submission of a bid you agree to provide goods or services consistent with these specifications unless otherwise stated.

Best Value means the basis for awarding contracts for good and services to the offerer which optimizes quality, cost, and efficiency, among responsive and responsible offerers. In assessing best value, non-price factors can be considered when awarding the purchase contract. Non-price factors can include, but are not limited to, reliability of a product, efficiency of operation, difficulty/ease of maintenance, useful lifespan, ability to meet needs regarding timeliness of performance, and experience of a service provider with similar contracts. Such basis shall reflect, whenever possible objective and quantifiable analysis. Such basis may also identify a quantitative factor for offerers that are small businesses or certified minority or women-owned enterprises as defined in subdivision one, seven, fifteen and twenty of section three hundred ten of the Executive Law to be used in evaluation of offers for awarding of contracts for services. (Jefferson County local law number 3 of 2024 and NYS Finance Law §163.)

Evaluation Criteria Scoring Method Weight (Points)

1. Qualifications:

Qualifications of the Proposer and individual experience of key personnel and proposed subconsultants

0-5 Points 25 (25% of Total)

2. Experience:

Proposer’s past experience providing the requested services.

0-5 Points 25 (25% of Total)

3. Compensation Overall value provided to the County.

Compensation will be scored individually by each member of the evaluation committee.

0-5 Points 15 (15% of Total)

4. Local Business:

Preference Only- proposers who submit a Local and American Business Certification on company letterhead with their proposal will be considered for local and American business preference points (Proximity to Jefferson County is weighted to ensure rapid mobilization of equipment and to minimize fuel surcharges and transport-related emissions)

Both Local and American:

10 points American only (Not Local):

5 points Local Only (Not American):

5 points Neither: 0 points

5 (5% of Total)

The County reserves the right to reject in whole or part, any or all bids deemed not to be in the best interest of the County at the sole discretion of the County. The resulting contract award shall be deemed executory only to the extent of the monies appropriated and available, and no liability on account thereof shall be incurred by the County beyond the amount of such monies. It is understood that neither this contract nor any representation by any public employee or office creates any legal or moral obligation to request, appropriate or make available monies for the purpose of the contract.

The County intends to issue a formal Purchase Order to purchase the goods and/or services described in this solicitation. The Terms and Conditions that govern all Purchase Orders issued by Jefferson County are available on the Purchasing Department link of the County’s Website at www.jeffersoncountyny.gov.

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

PLEASE NOTE THAT THE COUNTY WILL NOT PROVIDE VERBAL RESULTS OF ANY BID. REQUESTS FOR BID RESULTS MUST BE SUBMITTED IN WRITING (EMAIL IS ACCEPTABLE) TO THE JEFFERSON COUNTY PURCHASING DEPARTMENT AT Bids@jeffersoncountyny.gov RESPONSES WILL BE PROVIDED AS SOON

AS POSSIBLE.

9. Disqualification

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

• Failure to satisfy the requirements of this Bid.

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

• The Bidder defaulted under previous contracts with the County.

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

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

• Evidence of Collusion among Bidders.

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

10. Indemnification. CONTRACTOR agrees to indemnify, defend and hold harmless COUNTY, and its officers, employees and agents from and against any and all claims, liens, demands, judgments, penalties, fines, liabilities, settlements, damages, costs and expenses of whatever kind or nature (including, without limitation, attorneys’ fees and disbursements), known or unknown, contingent or otherwise, whether incurred as a result of a claim by a third party or any other person or entity, arising out of or in any way related to: (a) the work or operations of CONTRACTOR in the performance of this Agreement; or (b) CONTRACTOR’S failure to comply with any of the provisions of this Agreement or of the Law. Insofar as the facts and Law relating to any claim would preclude COUNTY or its officers, employees or agents, from being completely indemnified by CONTRACTOR, COUNTY and its officers, employees and agents, shall be partially indemnified by CONTRACTOR to the fullest extent permitted by Law. The acts or omissions of any party employed directly or indirectly by CONTRACTOR, shall be deemed to be that of CONTRACTOR for the purposes of the CONTRACTOR’s obligations to defend, indemnify and hold harmless under this Section. The fact that a party so employed by CONTRACTOR is alleged to or is proven to have acted outside the scope of employment, agency or contract, shall not relieve CONTRACTOR of any of its duties under this Section.

11. Venues and Disputes. The exclusive means of disposing of any dispute arising under a contract with

Jefferson County, which is not disposed of by agreement, shall be decided in a New York State Court of competent jurisdiction located within Jefferson County, New York. There shall be no right to binding arbitration. Pending final resolution of a dispute, the Vendor must proceed diligently with contract performance. The Vendor waives any dispute or claim not made in writing and received by the County within thirty (30) days of the occurrence giving rise to the dispute or claim. The claim must be in writing for sum certain and must be fully supported by all cost and pricing information.

12. Cooperative Bidding. It is understood and agreed that in addition to the County of Jefferson, other

County agencies as well as Municipalities and School Districts throughout New York State may also mailto:Purchasing@jeffersoncountyny.gov

“piggyback” off this contract and enter into its own contract with the successful Bidder.

Jefferson County reserves the right to allow all municipal and not for profit organizations and School

Districts authorized under the General Municipal Laws of the State of New York, to purchase any goods and/or services awarded as a result of this bid in accordance with the latest amendments to NYS GML 100 through 104. However it is understood that the extension of the contract to a Municipality or School is at the discretion of the Vendor and the Vendor is only bound to any contract between the County of Jefferson and the Vendor.

No officer, board or agency of a county, town, village, or school district shall make any purchase through a County contract unless such purchase is made based on the same terms, conditions and specifications as the County’s contract award.

Upon request, participating entities must furnish the Contractor with the proper tax exemption certificates and documentation of tax exempt status and all purchases shall be subject to audit by the political subdivision or district for which the purchase was made.

All orders will be placed by the participating entities and each entity shall be billed by and make payment directly to the successful Bidder.

The sole responsibility with regard to performance of the contract, or any obligation, covenant, condition or term thereunder is between the successful Bidder and the participating entities and not Jefferson County. In the event of a failure or breach in performance of any such contract by a participating entity or the successful Bidder, Jefferson County, specifically and expressly disclaims any and all liability for such defective performance or breach, or failure of either party to perform in accordance with its obligations, covenants and the terms and conditions of this Jefferson County centralized contract. The County reserves the right to purchase any goods or services included as part of this solicitation from any means legally available to it at any time.

Applicable √ Not Applicable

13. Contract Term and Renewal Option. The initial contract term shall be for the period from DATE OF AWARD – 4/30/28. If mutually agreed between the County and the Vendor, the contract may be renewed under the same terms and conditions for Three (3) additional One (1) year terms not to exceed a total contract term of Five (5) years. Notice of intent to renew will be provided to the contractor generally within ninety (90) days prior to the expiration date of the current contract. This notice shall not be deemed to commit the County to renew the contract for the renewal period until such time as the County takes official action (generally by issuing a formal Purchase Order) to commit to such renewal. The County may issue new bids for a replacement contract at any time during the term of the initial contract if deemed necessary by the County to do so.

14. Contract Cancellation. Unless otherwise noted, the County of Jefferson retains the right to cancel any contract without cause provided the Vendor is given at least thirty (30) days notice of intent to cancel. This provision should not be understood as waiving the County’s right to terminate the contract for cause or stop work immediately for unsatisfactory work, but is supplementary to that provision.

The County may cancel a contract for any of, but not limited to the following:

• If a pattern develops where a vendor consistently fails to deliver product or services which do not meet the original specifications of the award

• It is determined that gratuities in the form of entertainment, gifts, or otherwise were offered or given by a Vendor, his agent, or representative to any County official or employee with intent toward securing favorable treatment with respect to the award of a contract or the performance of an agreement

• It is determined that the successful bidder engaged in any other illegal or improper scheme promotive of favoritism or unfairness incidental to the solicitation process or the performance of the agreement

• It is determined that said improper or illegal acts occurred, the County shall be entitled to terminate any agreement and/or exercise any other remedy available to it under existing law.

In the event of any termination, postponement, delay, suspension, or abandonment the Vendor shall deliver to the County all data, reports, plans, or other documentation related to the performance of the contract, including, but not limited to guarantees, warrantees, plans, and shop drawings. In any of these events the County shall make settlement with the Vendor upon an equitable basis as determined by the County and shall fix the value of the work which was performed by the Vendor prior to the postponement, suspension, abandonment, or termination of the contract.

15. Short Term Extension. In the event a replacement contract has not been issued, any contract may be extended unilaterally by the County for an additional period of up to one month upon notice to the Vendor based on the same terms and conditions as the original contract. With the concurrence of the Vendor, the extension may be for a period of up to three months in lieu of one month. However, this extension terminates should the replacement contract be issued in the interim.

16. Emergency Purchasing. In the event that a disaster emergency is declared by Executive Order under

Section 28 of Articles 2-b of the Executive Law, that an emergency exists requiring the prompt and immediate delivery of products or services, the County reserves the right to obtain such products or services from any source, including but not limited to this contract, as the County determines will meet the needs of such emergency. Vendor shall not be entitled to any claim or lost profits for products or services procured from other sources pursuant to this paragraph.

In the event an official “State of Emergency” is declared the successful Vendor agrees to provide any or all associated products and/or services on a 24/7 basis upon verbal or written notification by a representative of the County Purchasing Department or other assigned representative. Said products or services shall be provided within twelve hours of notification by the County Monday through Friday between 8:00am and 5:00pm and within twenty-four hours during off hours, weekends, or holidays.

Upon request of the County the successful Vendor shall provide a list of at least two names and contact information of the individuals having the authority to initiate the delivery of said products/services as needed. Upon request, the successful Vendor shall also supply a detailed plan for backup delivery of products and/or services in the event their main supplier is unable to fulfill the needs of the County in an emergency situation.

17. Pursuant to the provisions of Section 109 of the General Municipal Law, no Bidder to whom a contract is granted or awarded shall assign, transfer, convey, subcontract, or otherwise dispose of all or part of such contract, or of his right, title, and interest herein, including the performance of the contract or the right to receive monies due, or to become due, or of his power to execute the contract without the prior written consent of the Jefferson County Purchasing Department.

Prior to submitting a subcontractor for approval, bidder shall diligently inquire into the capability, qualifications, and background of the subcontractor, and the submission of a subcontractor for approval shall constitute an affirmative representation by the bidder that the subcontractor is fully capable, qualified, and licensed to provide the subcontracted services. Any subcontract entered into by the bidder pursuant to this bid shall provide that the bidder will retain ultimate control and responsibility for the service provided under the subcontract and that the subcontractor shall be bound by the provisions of the agreement between the bidder and the County and any other requirements applicable shall be deemed to exist between any subcontractor and the County, nor shall the bidder be relieved of any of the bidder’s obligations under this contract, as a consequence of any subcontract approved by the County.

In the event the Bidder shall, without prior written consent, assign, transfer, convey, subcontract or otherwise dispose of the contract, or of his right, title, and interest herein, including the performance of the contract, or the right to receive monies due, or to become due, or his power to execute such contract, to any other person or corporations or upon receipt by Jefferson County of an attachment against the Bidder, the County of Jefferson shall be relieved and discharged from any and all liability and obligation growing out of such contract to such Bidder and the person or corporation to which such contract shall have been assigned, his assignees, transferees, or sublessee shall forfeit and lose all monies theretofore assigned on this contract, except so much as may be required to pay his employees.

18. The Successful Bidder agrees to comply with any and all applicable laws, codes, and regulations in connection with the goods and services called for in this bid as well as the non-discrimination and employment practices as required by applicable State and Federal laws and regulations regarding employment discrimination. The bidder assures the County that in accordance with applicable law: it does not and agrees that it will not discriminate in any manner on the basis of age, color, creed, national origin, race, religious beliefs, sexual preference or handicap.

19. Audit. The County, or its duly authorized agent, shall have access to and copies of the Contractor’s records, including any books, electronic media, or programs, or material pertaining to work performed under the contract, at no cost to the County, to determine and verify the compliance with all contractual conditions. The County shall be granted access to such records at all reasonable times during the contract period and for three (3) years thereafter.

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

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

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

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

"When submitting a bid for consideration, unless otherwise noted, all bidders understand that

Jefferson County may reject all submissions that are marked "confidential" either substantially or in their entirety (other than narrowly defined data considered a 'trade secret'.

All submissions are considered non public information until the evaluation is complete and a Contract or Purchase Order is issued. At that point all submissions become public record."

21. Warranty. In providing goods and services pursuant to this contract seller agrees to be bound by all warranties required by New York State Law.

22. Material Safety Data Sheets

Material safety data sheets, video tapes of training, and any printed safety data shall be delivered to the Jefferson County Safety Officer prior to executing an agreement with the County and shall become the property of Jefferson County. Employers who produce, use or store hazardous chemical at a workplace in such a way that the employees or other employers may be exposed (i.e.: employees of a construction contractor working on site) shall additionally ensure that the hazard communication program developed and implemented include the following:

REFERENCE: OSHA 1910.1220

A. The methods the employer will use to provide the other employers of any precautionary measures that need to be taken.

B. The methods the employer will use to inform the other employers of any precautionary measures that need to be taken.

C. All material safety data sheets shall maintained at the work site.

23. Equivalency. In submitting a proposal, the Bidder is agreeing to provide goods and services consistent with the specifications. Where a brand name or equivalent specification is used in this solicitation, the use of any brand name noted is for the purpose of describing the standard of quality, performance and characteristics desired and is not intended to limit or restrict competition.

A Contract, if awarded, will be on the basis of materials and equipment as described in the Drawings, or the 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 or 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 to award, shall be at the Bidder’s 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. The Bidder shall not have the opportunity to submit any alternative materials or equipment after the bids are opened.

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.

24. Jefferson County may access contract pricing available through New York State contracts, GSA

Schedule 70, Schedule 84, and Schedule 1122 contracts, and may “piggyback” on some contracts let by other municipal governments. If your products or services are offered through one of these sources you may offer the pricing of the alternate contract already in place.

If at any time during the term of this contract the successful vendor also has a NYS, GSA, or other contract legally available to the County through General Municipal Law, the County reserves the right to purchase from any or all of the contracts and the vendor agrees to supply goods or services in accordance with that contract if requested to do so.

25. Requirements Contract. Bidder acknowledges that the Contract that will be entered into as a result of this solicitation will be a Requirements Contract, and the County guarantees no minimum or maximum purchases will be made. The County will have no obligation to the Contractor if no items or services are required. Any quantities which are included are the present expectations for the period of the contract and the Contractor understands and agrees that the County is under no obligation to the Contractor to buy any amount as a result of having provided this estimate or of having had any normal or otherwise measurable requirement in the past. The bidder further understands that the County may require services in excess of the estimated annual contract amount and that such excess shall not give rise to any claim for compensation other than at the unit prices in this Contract. This contract is an

Indefinite Quantity Contract. All quantities or dollar values listed within these specifications are estimates.

Applicable √ Not Applicable

26. Force Majeure: Except for the County’s obligation to make payment for goods and/or services delivered hereunder, neither party hereto shall be liable for any failure to perform the terms of the contract when such failure is due to “force majeure” as hereinafter defined. The term “force majeure” as employed in this specification shall mean acts of God, strikes, lockouts, or industrial dispute or disturbances, civil disturbances, arrests and restraint from rulers or people, interruption by government or court orders, present and future valid orders of any regulatory body having proper jurisdiction, acts of the public enemy, wars, riots, blockades, insurrections, inability to secure or a delay in securing labor or materials, including delay in securing or inability to secure materials by reason of allocations promulgated by authorized governmental agencies, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, explosions, inability to obtain easements or right-of-way.

The “force majeure” shall, so far as possible, be remedied with a reasonable dispatch. The settlement of strikes or lockouts or industrial disputes or disturbances shall be entirely within the discretion of the party having the difficulty and the above requirement that any “force majeure” shall be remedied with all reasonable dispatch shall not require the settlement of strikes, lockouts, or industrial disputes or disturbances by acceding to the demands of any opposing party therein when such course is inadvisable in the discretion of the parties having the difficulty.

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

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

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

Any Contractor who has undertaken any of the above and is identified on a list created pursuant to Section 165-a (3)(b) of the New York State Finance Law as a person engaging in investment activities in Iran, shall not be deemed a responsible Bidder pursuant to Section 103 of the New York State General Municipal Law. Except as otherwise specifically provided herein, every Contractor submitting a bid in response to this Request for Bids must certify and affirm the following under penalties of perjury:

a. “By submission of this bid, 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 its knowledge and belief, that each Bidder is not on the list created pursuant to NYS Finance Law Section 165-a (3)(b).”

Jefferson County will accept this statement electronically in accordance with the provisions of Section 103 of the General Municipal Law.

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

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

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

showing the amount (%) of the increase to the Vendor. The Successful Bidder must automatically pass on the Manufacturer’s reduction in prices as each applies during the contract period with notification to the Jefferson County Purchasing Department.

29. Sexual Harassment. By submission of this bid, 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 the bidder has and has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees. Such policy shall, at a minimum, meet the requirements of section two hundred one-g of the labor law. Where competitive bidding is not required, state departments and agencies may, at their discretion, require the above certification. A model policy and training has been created by the NYS Department of Labor and can be found here:

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

28. Contract Price Adjustments: The Successful Bidder may request to adjust pricing on an annual basis from the Date of Award. Increases shall be based solely on Manufacturer’s pricing and must be no greater than the percentage of Manufacturer’s increase to the vendor. The Successful Bidder shall submit a request for price adjustment to the Jefferson County Purchasing Department a minimum of (30) calendar days prior to the requested increase. The request must include a separate letter from the Manufacturer https://www.ny.gov/programs/combating-sexual-harassment-workplace