Bid_Documents_27010_Copy_Paper.pdf

1825 WINDFALL ROAD • OLEAN NY 14760 • 716-376-8200 • www.caboces.org

Bid # 27010 – Copy Paper

Bid Acceptance Deadline:

November 6, 2025, at 3:00 P.M.

Live Streaming Bid Opening:

November 7, 2025, at 10:00 A.M.

SPECIFICATIONS AND BID FORMS

FOR

Cooperative Bid # 27010 Copy Paper

This is a cooperative bid involving a number of our component school districts.

Participating Districts include Allegany-Limestone, Bolivar-Richburg, Cattaraugus-Allegany BOCES, Cuba-

Rushford, Ellicottville, Franklinville, Friendship, Genesee Valley, Hinsdale, Portville, Randolph Academy, Salamanca, Wellsville and West Valley Central School Districts.

Offices of Purchasing

& Cooperative Purchasing

BID OPENING INFORMATION

A Zoom live streaming event will be provided, as well as in-person. Please see below for the event details.

• Bid Acceptance Closing Date & Time: November 6, 2024, at 3:00 P.M.

• Bid Opening via Zoom: November 7, 2025, at 10:00 A.M.

• See Appendix A for Electronic and Physical Bid Submission Instructions

• NOTE: Please electronically submit your bid on BidNetDirect. Or, mail/UPS/etc. your bid for physical submission.

• The bid acceptance date is different than the bid opening date.

Zoom Meeting Information:

Topic: CA BOCES 27010 Copy Paper Supplies Bid Opening November 7, 2025, 10:00 A.M.

Join Zoom Meeting https://caboces-org.zoom.us/j/98452008275

Meeting ID: 984 5200 8275

Passcode: 011917

One tap mobile

+19292056099,,98452008275# US (New York)

+16465189805,,98452008275# US (New York)

The bid opening is scheduled to be at the Cattaraugus-Allegany BOCES (Olean Campus). We will be conducting the opening as scheduled while practicing social distancing. We encourage everyone to attend via the Zoom meeting.

If you intend to be present at the opening, please notify us of a minimum of 3 workdays in advance of the opening. As noted above, bids will be opened in public unless otherwise noted in compliance with health/safety protocols applicable on the date of the bid opening.

If someone from your company plans to attend the opening, please provide the following information, as stated previously, a minimum of 3 workdays PRIOR to the bid opening:

Company: ________________________________________________________

Bid Title & Number_________________________________________________

Name of Attendee: _________________________________________________

Email: ____________________________________ Phone: _________________

Please email form to our central purchasing email: purchasing@caboces.org

No later than 3 WORKDAYS PRIOR Bid Opening IF you plan on attending in-person.

https://caboces-org.zoom.us/j/98452008275 mailto:purchasing@caboces.org

NOTICE TO BIDDERS

The Board of Education of the Sole Supervisory District of the Cattaraugus, Allegany, Erie, and Wyoming counties, popularly known as the Cattaraugus/Allegany Board of Cooperative Educational Services, (in accordance with Section 103 of Article 5-A of the General Municipal Law) hereby invites the submission of sealed bids for:

“Copy Paper”

This is a cooperative bid involving several of our component school districts.

Participating Districts include Allegany-Limestone, Bolivar-Richburg, Cattaraugus-Allegany BOCES, Cuba-

Rushford, Ellicottville, Franklinville, Friendship, Genesee Valley, Hinsdale, Portville, Randolph Academy, Salamanca, Wellsville and West Valley Central School Districts

Bids will be accepted until 3:00 P.M., November 6, 2025, at the Cattaraugus/Allegany BOCES’, 1825 Windfall

Road, Olean, NY 14760 and online at BidNetDirect.com. The bids will be publicly opened via a Zoom meeting and in-person on November 7, 2025, at 10:00 A.M., see bid documents for details. Specifications and bid forms may be obtained from the Internet on the website www.bidnetdirect.com/new-york/cattaraugus-allegany-boces.

(Free vendor registration is required to view the bid. If there are any problems with registration, please call IPT by BidNet at 1-800-835-4603 and ask for their vendor support department.) Or you may request the information by emailing purchasing@caboces.org.

Bids remain firm for a period of forty-five (45) days following the date of the bid opening. The Board reserves the right to waive any informalities in or to reject any or all bids, or to accept a bid which, in the board of

Education’s judgement, is in the best interest of the school district. The Board reserves the right to award in whole or in part.

Board of Education, Sole Supervisory District Counties of

Cattaraugus, Allegany, Erie, and Wyoming

1825 Windfall Road

Olean, NY 14760

Purchasing Agent mailto:purchasing@caboces.org

INSTRUCTIONS TO BIDDERS

1. OPENING OF BIDS

A. All bids will be opened at the time and place set forth in the advertisement. Every bid received before that time, or authorized postponement thereof, will be publicly opened. Bidders and other people who are properly interested may be present in person or by authorized representative.

B. The owner may consider informal any bid not prepared and submitted in accordance with any provision hereof or may waive any informality in or reject any or all bids. Any bid may be withdrawn prior to the advertised time of bid opening or authorized postponement thereof. Any bid received after the time and date specified will not be considered and will be returned. No bidder may withdraw a bid within forty-five (45) days after the actual opening thereof.

C. Conditional bids will not be accepted.

2. PREPARATION OF PROPOSAL

A. See Appendix A for instructions on bid submission.

B. The signed Affidavit of Compliance, non-collusion Statement, Iran Divestment Act Certification, Indemnification Agreement, Prevailing Wage Acknowledgement (if applicable), and State Finance Law §

139-l Certification must be included with the proposal. Along with any other forms indicated throughout the document and specifications.

3. METHOD OF AWARD

A. Bids will be awarded after review and recommendation by the specification committee. Decisions of the committee will be final. If a bid is received for any items in any given list, the award will be made to the lowest qualified bidder in one of the following ways, whichever is in the best interest of the BOCES and school districts: (a) the lowest responsible bid for a group of items (i.e., subcategory) or, (b) the lowest responsible bid for the total bid or, (c) the lowest responsible bid for each item.

4. BID EXCEPTIONS

A. All exceptions to the bid must be clearly identified. If the exception is covered by a clause, sentence, or paragraph in the bidder’s documentation, such clause, sentence, or paragraph, must be referenced next to the exception.

5. NOTIFICATION

A. After acceptance by the BOCES Board of Education, a listing of awarded items will be posted at www.bidnetdirect.com/new-york/cattaraugus-allegany-boces. The scheduled date for the BOCES Board meeting is December 2, 2025. Purchase orders, from participating school districts and municipalities that are received after this date, but prior to award notification, referencing the bid identification number and bid price, will constitute an indication of award.

http://www.bidnetdirect.com/new-york/cattaraugus-allegany-boces

6. EFFECTIVE DATES

A. The bid effective dates will be January 1, 2026, through June 30, 2026, or until another bid is let.

7. QUANTITIES

A. The quantities of the items are estimated on this bid. The BOCES guarantees no minimum or maximum purchases or contracts as a result of award of this bid. The actual purchase order quantities may vary. It is expected the awarded vendor will furnish the actual quantities ordered.

8. QUALITY SERVICE STANDARDS

A. A high level of quality service is expected of all awarded vendors. Each awarded vendor shall work with the designated BOCES and/or district staff to determine mutually convenient delivery times, installations, training schedules, and any other service required to make sure the materials, products, and equipment ordered and delivered are in accordance with the BOCES’ and/or district’s needs. The specific materials, products, and equipment ordered and delivered will not be substituted unless agreed upon by the BOCES and/or districts.

9. BID ITEM COMPLIANCE

A. The submission of a bid will be construed to mean the vendor is fully informed as to the extent and character of the products and/or services required and a representation that the vendor can furnish the products and/or services satisfactorily in complete compliance with the specifications.

10. SAVING CLAUSE

A. The successful bidder shall not be held responsible for any losses resulting if the fulfillment of the terms of the contract shall be delayed or prevented by wars, acts of public enemies, strikes, fire, floods, acts of

God, or for any other acts not within the control of the successful bidder and which by the exercise of reasonable diligence he/she is unable to prevent.

11. EXCEL BID FORM

A. SEE APPENDIX B for instructions on how to complete the excel template bid form.

B. SEE APPENDIX C for the excel bid form.

Attention Participating Vendors

When you mail or upload your bid, please be sure to submit the following forms:

• Affidavit of Compliance (notarized)

• Non-Collusive Bidding Certificate (notarized)

• The Iran Divestment Act Certification (notarized)

• Indemnification Agreement

• State Finance Law § 139-l Certification (notarized)

• Bid Form (Attached form)

• All Forms Indicated throughout the Specifications

• COPY OF CURRENT W-9

✓ YOUR COMPLETED SECTIONS OF THE BID

✓ YOUR USB/JUMP DRIVE – IF submitting a physical bid. Electronic submission through BidNetDirect does not require a USB/Jump Drive copy.

✓ A PRINTED COPY OF THE USB FILE - IF submitting a physical bid. Electronic submission through

BidNetDirect does not require a USB/Jump Drive printed copy.

Please call (716) 376-8266 or (716) 376-8226 if there are any questions regarding this bid form.

SPECIFICATIONS AND CONDITIONS

1. Bid Instructions - The bid forms identify the items and estimated quantities that we wish to purchase. The bidder may bid on any or all items. Any blank or “$0.00” entries will be understood as a “No Bid.” You may also enter “No Bid” on the form line. Estimated quantities are for the effective bid period and may be ordered all at once when awarded or in partial orders throughout the effective bid period. The Board of

Education reserves the right to reject any and all bids, in whole or part.

2. Pricing - The bidder shall insert the price for each item in the area provided on the bid form. The price used as vendor’s bid will be the one listed under the “Unit Price” column. Please price according to the unit of measure indicated (box, case, package, etc.) No charges will be allowed for federal, state, municipal, sales or excise taxes from which the BOCES and participating districts are exempt. Bid pricing will be effective per the effective dates.

**No additional charges will be allowed for freight, packing, or delivery. Please add the cost of freight into each individual item (i.e. if an item is $10.00 and you charge 10% freight the bid price will be $11.00**

3. Sale or Reduced Items – When a bid item appears on a company sales flyer at a lower price or if the item is offered at a reduced price, the lower price will apply to all bid participants.

4. Unit of Measure - Each bidder is requested to pay attention to the units of measure that are specified. Bids made according to a different pack size or case quantity should be specified on the bid forms. BOCES will calculate equivalents and award accordingly. Do not bid split cartons. Some items are specified in units of one or “each”. Prices must be bid per each unit. If you only ship per unit of measure other than indicated clearly mark that on the bid but bid as requested.

5. Alternates – Where a brand name is listed, it is done as a quality and specification standard. Alternates offered by the bidder are expected to meet or exceed the quality and functionality implied by the brand specified. If an alternate is offered, the bidder must specify on the bid form and supply literature for the alternate offered.

The bidder will guarantee to meet all standards set by the written specification for each item. The specification committee, prior to the award, will determine the equivalency of alternates.

6. Purchasing – BOCES, districts, and municipalities will, upon notification of the bid award, prepare purchase orders to the winning vendors. Under no circumstances should the vendor make any shipment prior to the receipt of a district purchase order. Orders are to be shipped to each participating district or municipality. It will be the intent of the BOCES and other participants to purchase the bid items from the awarded bids in the quantities indicated in the bid documents. No legal or financial obligations to vendors are created or implied by participation in this bid. All ordering and invoicing is done on a district-by-district basis. Delivery and invoicing are to be completed within thirty-five (35) days of the date of the purchase order. Under no circumstances will BOCES incur any responsibility for financial obligations of the component districts.

Bid # 27010 – Copy Paper

7. Stock-out Clause – Bidder agrees to inform the ordering districts on out-of-stock items within three (3) working days of the receipt of the purchase order. The awarded vendor will make NO substitutions for out-of-stock items without advance approval by the ordering district. If a district is forced to purchase out of stock items or items not meeting specifications from another vendor, the original vendor MUST DEDUCT the excess amount paid from the next invoice sent to the district.

8. Delivery – Deliveries are to be made per the purchase order instructions. Awarded vendors must agree to pack, ship, and identify orders by requisitioner. * Label shipping containers with the purchase order number, district name and address, and the requisitioner name. A purchase order may be issued per requisitioner or a common purchase order with multiple requisitioners and detailed packing instructions.

Deliveries made by company truck or sales representatives must comply with these labeling requirements.

Shipments may be refused for lack of identification. To save shipping costs, orders to one district may be combined and larger containers used as, long as each requisitioner’s order is bundled and separately labeled.

Packing slips and invoices must contain the following:

Purchase Order Number Description of Item

Item Number Quantity

District Requisitioner Bid Number

**SEE ITEM 13 – SPECIAL SHIPPING INSTRUCTIONS**

9. Damaged Goods/Shipping Errors – The bidder agrees to remove and replace any visibly damaged cartons and all products found damaged upon opening or products that do not meet specifications. The bidder agrees to make good any discrepancies or errors found in receiving such as incorrect amounts, etc. Failure by the bidder to remove damaged or incorrect products will be regarded as abandonment and the district will have the right to dispose of said items as it sees fit.

10. Substitutions – During the entire bid period, substitutions will not be permitted without first having obtained prior written/verbal consent of the Cattaraugus-Allegany BOCES. Should Cattaraugus-Allegany BOCES approve a substitute item to be delivered, the vendor will charge Cattaraugus-Allegany BOCES either the lower of the 1) current bid price, assuming substitute item is more expensive than the bid item, or 2) the current price of the substitute item, assuming it is less expensive than the bid price.

11. Material Safety Data Sheets – An MSDS must accompany each shipment of all required items as established by the NYS Right to Know Law, enacted in 1970, and the Federal Communication Standard enacted in 1983.

Vendors that fail to comply will not be considered for future bids.

12. Complaints – A variance sheet is to be filed by the affected district for items shipped that deviate from the required specification. This can be material specifications or shipping and invoicing deviations. Problems that are not resolved to the district’s satisfaction will be reviewed by the committee and may affect the vendor’s status with the Co-op.

13. Special Instructions – Order Shipping Instructions – Awarded items must be packed and delivered by school districts and by individual requisitioner (teacher name, department, etc.) Detailed shipping information will be supplied to each vendor. To save shipping costs orders to one district may be combined and larger containers used as long as each requisitioners’ order is bundled and separately labeled. If you have any questions about this requirement, please call before you submit your bid.

Bid # 27010 – Copy Paper

14. Samples – Samples may be required for specific items as listed on the enclosed Sample Request List. Lack of samples may affect the awarding of the bid. All house brand items and alternates must include samples.

All samples become the property of Cattaraugus-Allegany BOCES and may be returned or retained at the discretion of C-A BOCES. Bidders should include all pertinent product literature or catalogs with the bid.

Bid Samples must reflect the product that will be delivered during the bid effective dates.

15. Literature – Bidders must include all pertinent product literature or catalogs with the bid.

16. Warranty – All equipment must carry at least the manufacturer’s warranty unless another is specified.

17. Installation – For items requiring installation, the vendor shall be a factory authorized installer. Install rates must be paid at NYS Prevailing Wage Rate. A Certificate of Insurance is required prior to installation. The vendor shall provide at least a one-year warranty on their installation. The warranty period will begin on the date of acceptance of a good installation by owner.

20. Liability – The successful bidder shall be responsible and liable for any claim, cause of action, or damage arising out of its manufacture, sale, lease, handling, or contract with the equipment or material, and for defending any claim of patent infringement or other claims which may interfere with BOCES’ use of the equipment or material. BOCES will not be responsible for nor indemnifying the supplier for the defense of any claim or payment of damages.

21. Hold Harmless – The bidder agrees to save, defend, keep harmless, and indemnify the BOCES and the participating districts and all their agents from any and all claims, however caused, resulting from or in any way connected with the awarded bidder’s performance of the contract or arising out of each and any product defect or failure.

22. Damages – BOCES’ property and contents shall be protected. Any damage done by the contractor shall be repaired by the contractor at no cost to the BOCES, districts, or municipalities.

23. Service - The contractor shall furnish all labor, materials, equipment, and supervision required to complete the project complying with the outlined specifications and details including the BOCES, districts, or municipalities’ needs.

24. Setup & Training – For items requiring setup and training, the cost will be included and will include all direct and indirect labor and overhead costs. The bidder shall have no claim to any additional costs should the setup and training take longer than the bidder calculated. If a specified number of training hours is not provided in the specification, the vendor must state the number of hours included in their bid price. A list of training results should also be included with the bid. Set up and training costs will include all trade consumables required to have the equipment in running condition. The successful bidder shall make arrangements with the interested parties for training at the convenience of both the vendor and BOCES’ staff.

25. Omissions – Products and services which are not specifically requested in the bid, but which are necessary to provide the functional capabilities of the items proposed by the vendor will be included in the bid.

26. Guarantees – The successful bidder guarantees against a) defective materials and to repair or replace any damages or marring occasioned in transit, b) that the equipment delivered is standard, new, latest model, of regular stock product, or as required by the specifications, and c) that no attachment or part has been substituted or applied contrary to the manufacturer’s recommendations and standard practice. Every item

Bid # 27010 – Copy Paper delivered must be guaranteed against faulty material and workmanship for a period of at least one year or for the full term of the manufacturer’s warranty, whichever is greater, from date of acceptance. If during this period such faults develop, the successful bidder agrees to replace the unit or the part affected without cost to

BOCES. Any merchandise provided under the contract that is or becomes defective during the guarantee period shall be replaced by the successful bidder free of charge with the specific understanding that all replacements shall carry the same guarantee as the original equipment from the date of the replacement equipment for a period of one year. The successful bidder shall make any such replacement immediately upon receiving notification from BOCES.

27. MWBE Requirements – Cattaraugus-Allegany BOCES, in an attempt to encourage and promote participation from all vendor sources, and in accordance with General Municipal Law 103, advertises our legal bid notices in the official newspaper(s) of the bid participant(s). Additionally, Cattaraugus-Allegany

BOCES posts our bids on a national website to further efforts in gaining participation from all vendor sources, including MWBE. Furthermore, when dictated by a source of funding, Cattaraugus-Allegany BOCES will make every effort to meet any additional MWBE requirements of said funding sources. Cattaraugus-Allegany

BOCES will take all necessary affirmative steps as outlined by the funding source to assure that minority businesses, women’s business enterprises, and labor surplus area firms are solicited and used when possible.

28. Non-Appropriation Clause – In accordance with New York State General Laws the BOCES will not be liable for any purchases or contracts for goods or services for which funding is not available. As a result, the vendor agrees to hold the BOCES 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 BOCES. Issuance of a purchase order by the BOCES indicates that the BOCES currently has and has set aside adequate funds to procure the goods and services indicated in the purchase order or contract. Receipt of notification of award is not in and of itself a binding contract with the BOCES. Should it become necessary for the BOCES to cancel a project or purchase after an order to proceed or purchase order has been issued, the BOCES will only be liable for and the vendor agrees to only assess those financial damages that it can prove to have incurred as a result of the cancellation.

29. Non-Assignment – In accordance with NYS General Municipal Law 109, at no time during the duration of any contract resulting from this bid, shall the successful vendor be allowed to assign any portion of the contract to a third party without express written consent of the BOCES.

30. New York State Education Law Section 2-d Requirements - If under this agreement, contractor will receive access to student, teacher, or principal data, as those terms are defined in Section 2-d to carry out its obligations, the contractor agrees that the confidentiality of the shared student, teacher, or principal data shall be maintained in accordance with applicable state and federal law (including but not limited to Section 2-d), as well as, policies of the BOCES regarding data security and privacy. In accordance with Section 2-d, the contractor will execute a Confidentiality Agreement with the BOCES, a copy of the agreement will be provided to the awarded vendor. It is available prior to award upon request.

31. Packaging - Cases can be shrink-wrapped on a pallet; however, individual reams must not be shrink wrapped inside the cases. The vendor shall supply paper with a moisture barrier wrapper.

VENDOR IDENTIFICATION FORM

Cattaraugus-Allegany BOCES Bid: 27010 Copy Paper

Accepted Until: November 6, 2025, 3:00 P.M.; To be Opened November 7, 2025, 10:00 A.M.

Vendor Name: _________________________________________________________

Vendor Address: _________________________________________________________

Phone: ________________________ Fax: _____________________

E-Mail Address

For Purchase Orders: ____________________________________ (If e-mail submission preferred)

M/WBE Designation: Minority Owned ___________ Women Owned ____________

Name & Title of Person Who Completed Bid: ________________________________________________

Please Print

E-Mail Address

For Bid Questions. ________________________________________

Vendor Bid Number: _________________ (if one is required by vendor)

By signing and submitting this bid for consideration the vendor acknowledges that they have read, understand and agree to all aspects of the specifications as presented without reservation or alteration. At the time of the opening of bids, it is presumed that the bidder has read and is thoroughly familiar with the contract documents.

The failure or omission of any bidder to receive or examine any form, instrument, or document shall in no way relieve bidder from any obligation in respect to the submitted bid. By submitting a bid, the vendor understands and agrees to all terms, conditions, and stipulations contained herein.

I understand that if I do not adhere to these guidelines, or if the level of service provided by my company falls below that of a satisfactory level, my company’s future status will be affected with all Districts involved.

Signed: __________________________ Date: ________________

THIS FORM MUST BE SIGNED AND RETURNED WITH:

• Affidavit of Compliance

• Non-Collusive Bidding Certificate

• The Iran Divestment Act Certification

• Indemnification Agreement

• State Finance Law § 139-l Certification

• Bid Form (Attached form or your prepared document)

• All Forms Indicated throughout the Specifications

• COPY OF CURRENT W-9

AFFIDAVIT OF COMPLIANCE

STATE OF _____________________

COUNTY OF ___________________

__________________________________, being duly sworn, deposes and says:

1. That (s)he is an officer or representative of ________________________ and that (s)he has the authority to sign this affidavit.

2. This affidavit is offered as an inducement to Cattaraugus-Allegany BOCES to award to

__________________________________ such purchase contracts for goods or services as directed by the

Board of Education, in accordance with New York State law and with BOCES policy.

3. That no Officer, Employee or Stockholder of the above-mentioned vendor is an employee, in any position, administrator or Board Member at Cattaraugus-Allegany BOCES.

BY: ____________________________________________________________________

Signature of Representative of Firm or Corporation

NAME: ________________________________ TITLE: ______________________

Please Print Please Print

DATED: ________________

SWORN to before me this

_______________ day of _______________ 20___

Notary Public: _________________________

Bid # 27010 – Copy Paper

NON-COLLUSIVE BIDDING

CERTIFICATION

By submission of this bid, Copy Paper 27010, each bidder, and each person signing on behalf of any bidders, certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief:

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

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

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

NAME OF COMPANY: ___________________________________________________

Individual or Legal Name of Firm or Corporation

BY: ____________________________________________________________________

NAME: ________________________________ TITLE: ______________________

DATED: ________________

Bid # 27010 – Copy Paper

IRAN DIVESTMENT ACT

CERTIFICATION

The Iran Divestment Act of 2012 (“Act”), Chapter 1 of the 2012 Laws of New York, added State Finance Law (SFL), §165-a and General Municipal Law §103-g, effective April 12, 2012. Under the Act, the Commissioner of the New York

State Office of General Services (“OGS”) developed a list (“Prohibited Entities List”) of “persons” who are engaged in

“investment activities in Iran” (both are defined terms in the law). In accordance with SFL §165-a(3), the Prohibited

Entities List may be found of the OGS website at: http://www.ogs.ny.gov/about/regs/docs/ListofEntities.pdf.

Pursuant to General Municipal Law §103-g, by signing below, Bidder certifies as true under the penalties of perjury that:

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

A proposal shall not be considered for award nor shall any award be made where the certification has not been made, provided, however, that if in any case the Bidder cannot make the certification, the Bidder shall so sate and shall furnish with the proposal a signed statement which sets forth in detail the reasons therefor. The Cattaraugus-Allegany BOCES

(“District”) may award a contract to a Bidder who cannot make the required certification on a case-by-case basis if:

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 person 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 District makes a determination that the goods and services are necessary for the District to perform its functions and that, absent such exemption, the political subdivision would be unable to obtain the goods or services for which the contract is offered. Such determination shall be made in writing and shall be a public document.

During the term of the Contract, should the District receive information that a person is in violation of the above referenced certifications, the District will offer the person an opportunity to respond. If the person fails to demonstrate that it has ceased its engagement in the investment which is in violation of the Act within 90 days after the determination of such violation, then the District shall take such action as may be appropriate including, but not limited to, imposing sanctions, seeking compliance, recovering damages, or declaring the contractor in default.

The District reserves the right to reject any bid, proposal, contract or request for assignment for an entity that appears on the

Prohibited Entities List prior to the award or execution of a contract or any renewal thereof, as applicable, 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.

NAME OF COMPANY: ___________________________________________________________________________

SIGNATURE OF REPRESENTATIVE: __________________________________________________________________________

PRINT NAME: _______________________________ TITLE: _______________________________DATED: ________________ http://www.ogs.ny.gov/about/regs/docs/ListofEntities.pdf

INDEMNIFICATION AGREEMENT

The Contractor agrees:

(a) that except for the amount, if any, of damage contributed to, caused by or resulting from the negligence of the BOCES, the Contractor agrees to indemnify and hold harmless the BOCES, its officers, employees and agents from and against any and all liability, damage, claims, demands, costs, judgments, fees, attorney's fees or loss arising directly or indirectly out of the performance or failure to perform hereunder by the Contractor or third parties under the direction or control of the Contractor; 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 Agreement and to bear all other costs and expenses related thereto.

NAME OF COMPANY: _____________________________________________________________________________

Individual or Legal Name of Firm or Corporation

BY: ______________________________________________________________________________________________

NAME: ________________________________ TITLE: _____________________________________________

DATED: ____________________________

State Finance Law § 139-L Certification

Pursuant to N.Y. State Finance Law § 139-L, every bid made on or after January 1, 2019 to the State or any public department or agency thereof, where competitive bidding is required by statute, rule or regulation, for work or services performed or to be performed or goods sold or to be sold, and where otherwise required by such public department or agency, shall contain a certification 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 N.Y. State Labor Law § 201-g.

N.Y. State Labor Law § 201-g provides requirements for such policy and training and directs the Department of Labor, in consultation with the Division of Human Rights, to create and publish a model sexual harassment prevention guidance document, sexual harassment prevention pol icy and sexual harassment prevention training program that employers may utilize to meet the requirements of N.Y. State Labor Law § 201-g. The model sexual harassment prevention policy, model sexual harassment training materials, and further guidance for employers, can be found online at the following URL:

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

By submission of this bid, Copy Paper # 27010, 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. If the bidder cannot make the foregoing certification, such bidder shall so state and shall furnish with the bid a signed statement that sets forth in detail the reasons that the bidder cannot make the certification.

By signing, you certify your express authority to sign on behalf of yourself, your company, or other entity and full knowledge and acceptance of this Certification document and that all information provided is complete, true and accurate.

Authorized Signature Date

Print Name Title

Company Name

D/B/A – Doing Business As (if applicable)

Address

City State Zip https://www.ny.gov/combating-sexual-harassment-workplace/employers