Emergency Shelter Development and Operator RFQ FINAL DRAFT.pdf

TOMPKINS COUNTY

GENERAL INSTRUCTIONS TO BIDDERS

IMPORTANT NOTICE

Responses submitted to any Request for Bids, Request for Proposals, or Request for Qualifications become the property of Tompkins County and are subject to Public Information Policy. Any confidential information, such as a company’s financial status, if required by the specifications, shall be submitted in a separate sealed envelope with the word “CONFIDENTIAL” on the outside.

Tompkins County is committed to fostering an inclusive procurement process that encourages the participation of

Minority and Women-Owned Business Enterprises (MWBE), Disadvantaged Business Enterprises (DBE), and

Service-Disabled Veteran- Owned Businesses (SDVOB). Qualified MWBE, DBE, and SDVOB firms are strongly encouraged to submit their qualifications for consideration. MWBE, DBE, and SDVOB firms are encouraged to complete the Business Demographic Survey attached to this RFQ.

NOTE: Bidder/Proposer/Respondent are used interchangeably in this document and refer to a person or organization making a formal offer

PROJECT IDENTIFICATION

1. Title: Shelter Development, Management, and Operation

2. Requesting Department: County Administration

3. Due Date/Time: May 12, 2025, 2 PM ET

PURPOSE

Tompkins County is seeking qualified service providers to serve as an integral member of the Tompkins County team in the design of the purpose-built emergency shelter, application for available New York State Housing and

Homelessness Assistance Program (HHAP) funding, and to manage and operate the shelter to meet the needs of the target population.

The emergency shelter is anticipated to be approximately 30,000 square feet, house up to 100 beds, include space for co-located service providers, laundry, shower, toilet and other basic facilities, and may include overflow space to be utilized for Code Blue/winter congregate sheltering.

The anticipated development timeline is as follows:

Design Development and Funding Application Preparation April 2025 – July 2025

Construction Start July 2026

Construction Completion September 2027

Licensing and Set Up October-November 2027

Opening December 2027

The purpose of this RFQ is to solicit responses from organizations that have experience in managing low-barrier shelters for individuals experiencing homelessness, ensuring the provision of emergency shelter services, and meeting the county’s goals of providing safe, clean, supportive, and responsive shelter options. Additionally, there is an expectation to collaborate with the County's Continuum of Care to ensure a coordinated and effective response to homelessness.

PROPOSAL DOCUMENTS

Complete sets of RFQ Documents must be used in preparing bids/proposals. The County does not assume responsibility for errors or misinterpretations resulting from the use of incomplete sets of Documents.

DETAILED SPECIFICATION

Project Goal

Tompkins County, New York, will develop, construct, and own a purpose-built emergency shelter serving adults within the City of Ithaca. The shelter is intended to provide a safe and welcoming environment for individuals experiencing homelessness, with a particular focus on those facing significant barriers to accessing traditional shelters due to factors such as substance use, mental health issues, or past trauma. Tompkins County seeks to partner with a service provider that has a proven track record of delivering sheltering services to the targeted population, and demonstrates a strong commitment to social responsibility, equity, and inclusion.

Tompkins County is seeking qualified service providers to serve as an integral member of the Tompkins County team in the design of the purpose-built emergency shelter, application for available New York State Housing and

Homelessness Assistance Program (HHAP) funding, and to manage and operate the shelter to meet the needs of the target population.

Background

Tompkins County supports a Homelessness Response System that, among other services, provides emergency shelter to persons experiencing homelessness. Between October 2022 and September 2023, the number of persons experiencing homelessness served by the County's Homeless Response System averaged 132 per day but ranged from a low of 70 to a high of 231. Many of these persons were housed in local privately owned hotels and motels.

Tompkins County seeks to construct a building specifically designed as an emergency shelter to meet the needs of persons experiencing homelessness and has acquired property for this purpose in the City of Ithaca.

Scope of Services

The successful respondent(s) will be expected to provide shelter management services, including but not limited to:

• Design & Development of Emergency Shelter: Actively participate in the design and development of

Tompkins County’s newly built emergency shelter located at 225-227 Cherry Street within the City of

Ithaca, to include regular engagement with the County’s contracted development firm and community partners. Provide expertise in the areas of shelter management and direct client service provision to inform the ultimate design of the shelter. Serve as a partner applicant in the County’s funding application to the

NYS HHAP funding opportunity.

• Facility Management: Oversee the physical operation and maintenance of the shelter facility, ensuring a safe, clean, and healthy environment for residents and staff. The emergency shelter will be developed and operated in accordance with NYS Office of Temporary and Disability (OTDA) regulations and approvals.

The selected provider shall comply with all requirements to seek and obtain an operating certificate in partnership with the Department of Social Services, issued by OTDA.

• Client Services: Provide direct support and services to residents, including intake and assessment, case management, mental health services, access to basic needs, and referrals to other services such as housing, employment, and healthcare. All services provided shall be trauma-informed and strengths-based with the goal of achieving permanent housing and stability for clients. All services must be accessible to persons with disabilities and welcoming to all persons in protected classes.

• Staffing: Recruit, train, and manage shelter staff to ensure operations run smoothly. Staff must be equipped to handle crisis situations, provide supportive services, and maintain a safe and secure shelter environment.

• Safety and Security: Implement protocols to ensure the safety and security of shelter residents and staff, including building security, conflict resolution procedures, and emergency response planning. Persons in need of emergency shelter cannot be denied placement in emergency shelter or discharged outside

DSS/OTDA requirements. In the event an individual poses a threat or requires treatment, law enforcement or other appropriate professionals shall be consulted.

• Compliance and Reporting: Ensure compliance with all applicable local, state, and federal regulations and guidelines to include OTDA mandated provider employee background checks and State Central

Registry clearances and regular onsite inspections and monitoring. Provide regular reports on shelter operations, including occupancy, services provided, and any challenges or issues encountered.

• Coordination with Community Partners: Work closely with other service providers, agencies, and community organizations to facilitate a network of support for residents. Required to participate in

Tompkins County’s Continuum of Care, to include the Homeless Management Information System

(HMIS).

• Other Services: Any additional services necessary to meet the needs of the shelter population.

Required Information

In order to be considered for selection, respondents shall submit as a minimum the following information. The respondent should state why it believes it is qualified to provide the services requested in the RFQ. The submittal must be prepared addressing the following items in the specified order:

1. Organization Profile: Overview of the organization, including mission, history, and relevant experience in emergency shelter management and operation.

2. Proposed Approach: A detailed description of the organization’s proposed approach to managing and operating the shelter, including how they will address client needs, safety, staffing, facility management, and compliance.

3. Staffing Plan: A summary of staff qualifications and experience, including management personnel and direct service providers.

4. References: Contact information for at least three references who can speak to the organization’s capacity to manage and operate shelters, including relevant project experience.

5. Financial Resources: One or more credit references should be provided along with a brief statement about the provider’s financial stability and capacity to provide the services contemplated by its proposal.

6. Budget Estimate: A high-level budget estimate for the costs associated with shelter management, including staffing, facility maintenance, client services, and any other operational costs.

7. Insurance and Bonding: Proof of appropriate liability insurance, workers’ compensation insurance, and bonding.

Selection Criteria

Applicants will be evaluated on their experience serving as a full-service development team and turnkey partner for municipal governments, their expertise in planning and designing emergency shelters or permanent supportive housing, as well as their capabilities in capacity building, portfolio management, financial strength, and partner and community engagement.

The criteria by which the proposals will be evaluated:

• Experience: Demonstrated experience managing and operating shelters, particularly for populations experiencing homelessness or housing instability.

• Capacity: Sufficient capacity (staffing, financial resources, and management ability) to manage the shelter and deliver high-quality services.

• Compliance: Ability to meet all local, state, and federal regulations, including health and safety standards, as well as requirements for handling sensitive populations.

• References: Provide at least three professional references from organizations where similar shelter services have been provided.

Selection Process

The County is proceeding by Request for Qualifications as the principal considerations for selection are the quality and scope of the proposal, the skills, capabilities, and experience of the provider, and the consistency of the selected provider’s approach with the County’s objective of comprehensively addressing homelessness issues.

• Evaluation of Qualifications: All submissions will be evaluated based on the criteria outlined in this RFQ, including experience, proposed approach, staffing capacity, and cost-effectiveness.

• Interviews/Presentations: Qualified respondents may be invited to participate in an interview or present their proposal in more detail.

• Award: Following the evaluation and review of all proposals, the selection panel will rank the most qualified consultants numerically in order of preference. The County and the top-ranked provider will negotiate and formalize the scope of services for the project, which specifies the full range of services to be provided, the personnel committed to the project and, as applicable, the schedule by which the work is to be completed. When an agreement is reached on the scope of work, a fee that is fair and reasonable to both parties shall be negotiated. If an agreement is reached that is acceptable, a contract will be executed. If an agreement cannot be reached, negotiations will be terminated, and the County will attempt to negotiate with the second-ranked provider. The process may be repeated with the third firm if necessary. A contract shall be awarded to the respondent that submits the proposal that proves to be in the best interest of the County.

SUBMISSION of QUALIFICATIONS

1. RFQ responses and any other required documents shall be submitted online through the Tompkins County website at: https://www.tompkinscountyny.gov/All-Departments/Finance-Department/Purchasing-Division and selecting ‘Open Solicitations’. This will take you to Bidnet Direct where the RFQ information is posted for the public. Bidders who do not have, or cannot obtain, internet access must contact the Purchasing Division via email (preferred), purchase@tompkins-co.org or by telephone, (607) 274-5500 for further instructions.

2. Bids shall be uploaded and responded to no later than the date and time indicated in the Notice to Bidders and/or the Bid Identification section above.

3. Tompkins County reserves the right to reject any or all bids in whole or in part, to waive all informalities, and to disregard all non-conforming, non-responsive or conditional bids.

*NOTE: If you experience difficulty submitting your bid, contact the Purchasing Division via email (preferred), purchase@tompkins-co.org or by telephone, (607) 274-5500. If you do not receive a response from the Purchasing

Division, you may contact the Finance Team (607) 274-5544.

https://www.tompkinscountyny.gov/All-Departments/Finance-Department/Purchasing-Division mailto:purchase@tompkins-co.org

TERM of BID/CONTRACT:

The duration of the contract will be negotiated along with the formal scope of services and fees. Responders are encouraged to propose the contract duration it would need for its proposed service model to become sustainable. As a general matter, the County seeks a provider willing to establish and maintain these services on a long-term basis.

QUALIFICATION of BIDDER

1. All bidders shall submit the Vendor Responsibility Questionnaire, also included as part of the RFQ specifications, as part of their bid/proposal.

2. Tompkins County may make such investigations as it deems necessary to determine the ability of the bidder to provide the services and/or goods described within the specifications. The bidder shall furnish to the County all such information and data for this purpose as may be requested within five (5) days of such request.

DISQUALIFICATION

1. The County reserves the right to refuse to award a contract to a prospective bidder should such bidder be in default for any of the following reasons:

(a) Failure to comply with any pre-qualification regulations of the County, if such regulations were cited, or otherwise included in the Bidding Documents as a requirement for bidding.

(b) Bidder’s failure to pay, or satisfactorily settle, all bills due for labor and materials on former contracts in force (with the Owner) at the time the County issues Bidding Documents to a prospective bidder.

(c) Bidder’s default under previous contracts with the County.

(d) Bidder’s unsatisfactory work on previous contracts with the County.

2. Bids/proposals received from bidders who have previously failed to complete contracts within the time required may be rejected. A bid may be rejected if the bidder cannot show that it has the necessary ability to commence the work at the time prescribed and thereafter to perform and complete the work at the rate or time specified. A bid may be rejected if the bidder is already obligated for the performance of other work which would delay the commencement, performance, or completion of the work if the bidder is not able to demonstrate the ability to fulfill the requirements of the bid/proposal in a manner agreed upon by the County and the Bidder.

3. Tompkins County reserves the right to reject any bid/proposal if the information submitted by, or investigation of, such bidder fails to satisfy the County that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein.

NON-COLLUSIVE BIDDING CERTIFICATE

All bidders submitting bids under the provisions of the specifications are subject to the provisions of Section 103 of the General Municipal Law of the State of New York. A signed Non-Collusive Bidding Certificate (included in the specification package) must be submitted with each bid on the form provided by the County.

DEVIATIONS

Deviations to the specifications shall be so noted and fully explained on a separate document and provided with the bid.

SPECIFICATION CLARIFICATION

1. Clarification to the specifications must be submitted in writing, via BidNetDirect.com, no later than 7 days prior to the RFQ due date, before 5 PM on 05/05/2025. Answers will be posted on BidnetDirect.com as questions are received.

2. Questions received less than seven (7) days prior to the date of submission of RFQ’s will not be answered. The

County will be bound only to responses given by formal written Addenda. Consideration will be given to questions/concerns submitted less than 7 days before the bid opening if Tompkins County feels it warrants an addendum.

NON-APPROPRIATION CLAUSE

1. In accordance with New York State General Municipal Law, the County will not be liable for any purchases or contracts for goods or services for which funding is not available. The respondent 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 authorization to proceed.

2. Should it become necessary for the County to cancel a project after the order to proceed has been issued, the

County will only be liable for, and the respondent agrees, to only assess those financial damages that it can prove to have incurred resulting from the cancellation of the contract.

AWARD of BID/CONTRACT

1. After the award has been approved by the proper County authority, the successful bidder will be issued a Notice of Award. A notice of contract award shall not be binding upon the County until the contract has been fully executed by both parties. The following documents shall be incorporated, to the extent deemed appropriate in the sole discretion of the County, within the contract between Tompkins County and the apparent successful

Bidder: the successful Bidder’s RFQ response, the original RFQ specifications and any written Addenda in response to inquiries of prospective bidders as set forth Specification Clarification section above.

2. The successful bidder to whom a contract or purchase order is let, granted, or awarded, shall not assign, transfer, convey, sublet, or otherwise dispose of same, or of its right, title and interest herein, including the performance of the contract or purchase order or the right to receive monies due or to become due, or of its power to execute the contract or purchase order without the prior written consent of Tompkins County. In the event the contractor shall, without written consent, assign, transfer, convey, sublet or otherwise dispose of the contract or purchase order, or the right to receive monies due or to become due, or its power to execute such contract or purchase order to any other person or corporations, or upon receipt by Tompkins County of an attachment against the Successful Bidder, Tompkins County shall be relieved and discharged from any and all liability and obligation growing out of such contract or purchase order to such contractor, and the person or corporation to which such contract or purchase order shall be been assigned, its assignees, transferees or sub lessees shall forfeit and lose all monies thereto assigned under the contract or purchase order, except so much as may be required to pay its employees.

INDEMNIFICATION AND HOLD HARMLESS

The successful bidder shall release, waive, indemnify, hold harmless, and defend the County and its officers, employees, agents and elected officials from and against any and all claims, demands, actions, causes of action, suits, or judgements, including but not limited to, losses, costs, expenses, penalties, or other damages or liability brought against the County and its officers, employees, agents and elected officials for injury, illness, or death to any person or persons or damage to property arising out of the performance of this Agreement by the successful bidder, its employees, subcontractors or agents with the exception of actions and claims arising out of the negligence of the

County. The indemnification will survive the term of this Agreement whether it is terminated or expired. The successful bidder shall maintain the minimum limits of insurance as outlined by this Agreement in Attachment B or as required by law, whichever is greater.

REMEDY for BREACH

In the event of a breach by Contractor, Contractor shall pay to the County within ninety (90) days all direct and consequential damages caused by such breach, including, but not limited to, all sums expended by the County to procure a substitute contractor to satisfactorily complete the contract work, together with the County’s own costs incurred in procuring a substitute contractor. All legal and equitable claims against the County of Tompkins shall be brought in the Supreme Court of Tompkins County.

WORKFORCE DIVERSITY and INCLUSION

All bidders must comply with the Workforce Diversity and Inclusion terms and conditions as well as sign an Anti-discrimination certificate as stated in Attachment A.

LIVING WAGE

1. Tompkins County must consider the wage levels and benefits, particularly health care, provided by contractors when negotiating contracts, and to encourage the payment of livable wages whenever practical and reasonable.

2. If contractor certifies on Tompkins County Livable Wage Form that its employees directly providing services outlined in this contract are NOT paid a living wage, the department contract representative may have a conversation with the contractor to understand the cost implications of achieving the living wage threshold, whether there are structural barriers impacting the ability to pay the living wage, plans to improve wages over time, generous fringe benefits, or other considerations that should be applied when addressing the question of whether it is practical or reasonable to meet the living wage threshold including the cost required to bring the contract to the living wage threshold.

REGULATORY COMPLIANCE

The Contractor agrees to comply with all Federal, State, and local laws and regulations governing the provision of goods and services under this Contract. To the extent that federal funds are provided to the Contractor under this contract, the Contractor agrees that it will comply with all applicable federal laws and regulations, including, but not limited to those laws and regulations under which Federal funds were authorized.

Contractors that are providers of healthcare services certify that the Contractor, and all employees, directors, officers and subcontractors of the Contractor, are not “excluded individuals or entities” under Federal and/or New York State statutes, rules and regulations. The Contractor agrees to screen all employees, directors, officer and subcontractors monthly at the New York State Office of Medicaid Inspector General website, and any other websites related to the

Excluded Parties List System required by Federal and/or New York State Medicare or Medicaid statutes, rules and regulations, to determine if any employee, director, officer, or subcontractor is on or has been added to the exclusion list.

In the event that New York State Labor Law at Article 9, Sections 230-239-A are applicable under the agreement and/or scopes of work, the statute requires that contractors and subcontractors pay the prevailing rate of wage and supplements (fringe benefits) to all workers under a public work contract and follow other requirements. Employers must pay the prevailing wage rate set for the locality where the work is performed. Prevailing wage is the pay rate set by law for work on public work projects. This applies to all laborers, workers or mechanics employed under a public work contract. Every contractor and subcontractor must keep and provide certified original payrolls or transcripts subscribed and affirmed as true under penalty of perjury. These must be made available to the COUNTY at its request. Payrolls must be maintained for at least three (3) years from the projects date of completion.

Additionally, as per Article 6 of the Labor Law, contractors and subcontractors are required to establish, maintain, and preserve for not less than six (6) years, contemporaneous, true, and accurate payroll records. At a minimum, payrolls must show the following information for each person employed on a public work project: Name; Address, Last 4 Digits of Social Security number, Classification(s) in which the worker was employed, Hourly wage rate(s) paid, Supplements paid or provided, and Daily and weekly number of hours worked in each classification. Payroll records and transcripts are required to be kept on site during all the time that work under that contract is being performed.

Attachment A

CERTIFICATION

Bidders must certify that they will comply with the following requirements, if funding is awarded as a result of this

RFQ. All awardees of funds shall:

1. Sign an Anti-discrimination Clause and comply with all Equal Opportunity Laws, including the Americans with Disabilities Act of 1990;

2. Sign a "Certification Regarding Debarment, Suspension, and Other Responsibility Matters," indicating that they have not been debarred or suspended from participating in federal programs because of crimes, fraud, or other serious violations of federal laws and regulations;

3. Sign a certification regarding lobbying, indicating that no Federal funds will be used to attempt to influence any Federal officer, employee, or elected official;

4. Sign a certification that they provide a drug-free workplace and have a written drug-free workplace policy;

5. Sign a certification that they have and have implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees;

6. Agree to provide training without any duplication of costs;

7. Provide a copy of their most recent financial audit before contract execution;

8. Agree to allow on-site inspections and audits of any records related to their programs.

I certify that (name of bidder organization) will comply with the above requirements.

Name

Title

Signature and Date

ANTI-DISCRIMINATION CLAUSE

During the performance of this contract, (the contractor) hereby agrees as follows:

(a) The contractor will not discriminate against any employee or applicant for employment for any of the following: race, creed, color, ethnicity, military service, marital status, disability, sexual preference, perceived gender, national origin, or status as an ex-offender, and will take affirmative action to ensure that they are afforded equal employment opportunities without discrimination. Such action shall be taken with reference, but not be limited to: recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay or other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training.

(b) The contractor will send to each labor union or representative of workers with which they have or is bound by a collective bargaining or other agreement or understanding, a notice, to be provided by the State Commissioner for Human Rights, advising such labor union or representative of the contractor's agreement under clauses (a) through (f) hereinafter called "non-discrimination clauses". If the contractor was directed to do so by the contracting agency as part of the bid or negotiation of this contract, the contractor shall request such labor union or representative to furnish them with as written statement that such labor union or representative either will affirmatively cooperate, within the limits of its legal and contractual authority, in the implementation of the policy and provisions of these non-discrimination clauses or that it consents and agrees that recruitment, employment and the terms and conditions of employment under this contract shall be in accordance with the purposes and provisions of these non-discrimination clauses. If such labor union or representative fails or refuses to comply with such a request that it furnish such a statement, the contractor shall promptly notify the

State Commission for Human Rights of such failure or refusal.

(c) The contractor will post and keep posted in conspicuous places, available to employees and applicants for employment, notices to be provided by the State Commission for Human Rights setting forth the substance of the provisions of clauses (a) and (b) and such provisions of the State's and local Tompkins County Laws against discrimination as the State Commission for Human Rights shall determine.

(d) The contractor will state, in all solicitations or advertisements for employees placed by or on behalf of the contractor, that all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color or national origin.

(e) The contractor will comply with the provisions of Sections 291-299 of the Executive Law and the Civil Rights

Law, will furnish all information and reports deemed necessary by the State Commission for Human Rights under these non-discrimination clauses and such sections of the Executive Law, and will permit access to their books, records and accounts by the State Commission for Human Rights, the Attorney General and the

Industrial Commissioner for purposes of investigation to ascertain compliance with these non-discrimination clauses and such sections of the Executive Law and Civil Rights Law.

(f) This contract may be forthwith cancelled, terminated or suspended, in whole or in part, by the contracting agency upon the basis of a finding made by the State Commission for Human Rights that the Contractor may be declared ineligible for future contracts made by or on behalf of the State or a public authority or agency of the

State, until he satisfies the State Commission for Human Rights that they have established and is carrying out a program in conformity with the provisions of these non-discrimination clauses. Such finding shall be made by the State Commission for Human Rights after conciliation efforts by the Commission have failed to achieve compliance with these non-discrimination clauses and after a verified complaint has been filed with the

Commission, notice thereof has been given to the Contractor and opportunity has been afforded them to be heard publicly before three members of the Commission. Such sanctions may be imposed, and remedies invoked independently of or in addition to sanctions and remedies otherwise provided by law. The Contractor will include the provisions of clauses (a) through (f) in every subcontract or purchase order in such a manner that such provisions be performed within the State of New York. The Contractor will take such action in enforcing such provisions of such subcontract or purchase order as the contracting agency may direct, including sanctions or remedies for non-compliance. If the Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the Contractor shall promptly so notify the Attorney General, requesting them to intervene and protect the interests of the State of New York.

GENERAL CONDITIONS ACCEPTED BY:

Firm: _________________________________________________

By: _________________________________________________

Date: _________________________________________________

Title: _________________________________________________

Attachment

COUNTY OF TOMPKINS GENERAL CONDITIONS

NON-COLLUSION CERTIFICATE

NON-COLLUSIVE CERTIFICATION:

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

1. The prices in this bid/proposal 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/proposer or with any competitor;

2. Unless otherwise required by law, the prices that have been quoted in this package have not been knowingly disclosed by the bidder/proposer prior to opening, directly or indirectly, to any other bidder/proposer or to any competitor; and

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

Name of Bidder/Proposer

Signature and Title of Signer

Date

NOTE:

A bid/proposal shall not be considered for award nor shall any award be made where (a) 1, 2 and 3 above have not been complied with; provided, however, that if in any case the bidder/proposer cannot make the foregoing certification, the bidder/proposer shall so state and shall furnish with the bid/proposal a signed statement that sets forth in detail the reason(s) therefore. Where (a) 1, 2, and 3 above have not been complied with, the bid/proposal shall not be considered for award nor shall any award be made unless the head of the purchasing unit of the political subdivision, public department, agency or official thereof to which the bid/proposal is made, or their designee, determines that such disclosure was not made for the purpose of restricting competition.

The fact that a bidder/proposer (a) has published price lists, rates or tariffs covering items being procured, (b) has informed prospective customers of proposed or pending publication of new or revised price lists for such items, or

(c) has sold the same items to other customers at the same prices being bid/proposed, does not constitute, without more, a disclosure within the meaning of subparagraph (a) 1.

Attachment

Tompkins County

Request for Qualification – Submission Instructions

• Respondents shall submit their proposal response per the instructions below. Respondents who do not follow these guidelines may have their proposals rejected as incomplete or non-responsive.

• Respondents shall read all documents contained in this specification package. Failure to do so does not excuse respondent from abiding by all instructions, terms or conditions.

• Responses shall be submitted to the location and in the format indicated in the specifications no later than the date and time indicated.

• Respondents must submit their questions regarding any portion of the specifications by posting them on the

Q&A tab found in the solicitation or in writing to the email address provided in the specifications by the date provided. Answers will be provided no later than five (5) days prior to the Proposal due date.

• The County reserves the right to amend the specifications prior to the due date by written “Addenda”. It is the respondent’s responsibility to ascertain whether any addenda have been issued prior to submitting their proposal.

• Bids and any other required documents shall be submitted online through the Tompkins County website at:

https://www.tompkinscountyny.gov/All-Departments/Finance-Department/Purchasing-Division and selecting

‘Open Solicitations’. This will take you to Bidnet Direct where the RFQ information is posted for the public.

Bidders who do not have, or cannot obtain, internet access must contact the Purchasing Division via email

(preferred), purchase@tompkins-co.org or by telephone, (607) 274-5500 for further instructions.

• Respondents can submit in a sealed package or envelope with the name of their company and the title of the

Request for Proposal.

• Respondents shall submit all forms that require signatures with their proposal response.

• All responses submitted become the property of the County and are subject to Public Information Policy.

• This invitation to respond does not commit the County to award a contract, nor shall the County be responsible for any cost or expense that may be incurred by the respondent in preparing and submitting their response or any cost incurred prior to the execution of a contract.

• The County reserves the right to cancel the contract without cause with a minimum of thirty (30) days written notice. Termination or cancellation of the contract will not relieve the respondent of any obligations or liabilities resulting from any acts committed by the respondent prior to the termination of the contract. The respondent may cancel the contract with one hundred-twenty (120) days written notice.

Submission of Qualifications

1. Responses to this RFQ and any other required documents shall be submitted through the Tompkins County website at https://www.tompkinscountyny.gov/All-Departments/Finance-Department/Purchasing-Division (see instructions below).

2. Responses must be uploaded and responded to no later than the date and time indicated.

3. Tompkins County reserves the right to reject any or all bids/proposals in whole or in part, to waive any and all informalities, and to disregard all non-conforming, non-responsive or conditional bids/proposals.

Online Bid Submission Instructions:

Bids and any other required documents shall be submitted online through the Tompkins County website at:

https://www.tompkinscountyny.gov/All-Departments/Finance-Department/Purchasing-Division and selecting ‘Open

Solicitations’. This will take you to Bidnet Direct where the RFQ information is posted for the public. Bidders who do not have, or cannot obtain, internet access must contact the Purchasing Division via email (preferred), purchase@tompkins-co.org or by telephone, (607) 274-5500 for further instructions.

Tompkins County

Request for Qualifications – Terms and Conditions

Method of Award:

The County reserves the right to award the contract to the respondent who submits the proposal that proves to be in the best interest of the County. The County has the sole discretion and reserves the right to cancel this request, reject any/all responses, to waive any/all informalities and/or irregularities if it is deemed to be in the best interest of the

County to do so.

Contract Extension:

The County agrees, under the General Municipal Laws of New York State to allow all authorized users who wish to utilize any contract awarded as a result of this solicitation to do so. However, it is understood that the extension of such contract is at the discretion of the respondent and the respondent is only bound to the contract between itself and the County.

Term of Contract:

The term of contract shall be specified within the detailed specifications.

Contract Award:

The contract award, if any, will be made within forty-five (45) calendar days of due date. The contract shall be awarded to the respondent who submits the proposal that proves to be in the best interest of the County.

Non-Appropriation Clause:

In accordance with New York State General Municipal Law, the County will not be liable for any purchases or contracts for goods or services for which funding is not available. As a result, the respondent 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 authorization to proceed. Should it become necessary for the County to cancel a project after the order to proceed has been issued, the County will only be liable for, and the respondent agrees, to only assess those financial damages that it can prove to have incurred as a result of the contract cancellation.

Training:

If required, training shall take place during regular business hours. Training shall be provided until all County personnel involved in the contract are adequately trained.

Workforce Diversity and Inclusion:

Tompkins County government is committed to creating a diverse and fully inclusive workplace that strengthens our organization and enhances our ability to adapt to change by developing and maintaining:

A. An organization-wide understanding and acceptance of the purpose and reasons for diversity;

B. Recruitment and retention policies that assure a diverse workforce;

C. A workplace environment that is welcoming and supportive of all;

D. Awareness, understanding and education regarding diversity issues;

E. Zero tolerance for expressions of discrimination, bias, harassment, or negative stereotyping toward any person or group;

F. A workforce ethic that embraces diversity and makes in the norm for all interactions, including delivery of services to the public.

Respondents are encouraged to include an outline of their diversity policy in their proposal response.

Contract Re-Assignment:

The respondent shall not reassign any portion of any contract that results from this solicitation without the express written consent of the County.

Corporate Compliance:

FEDERAL FUNDING COMPLIANCE: The Respondent agrees to comply with all Federal, State, and local laws and regulations governing the provision of goods and services under this Contract. To the extent that federal funds are provided to the Respondent under this contract, the Respondent agrees that it will comply with all applicable federal laws and regulations, including but not limited to those laws and regulations under which the Federal funds were authorized.

Further, Respondent agrees to comply with the County’s Compliance Plan regarding Federal and State fraud and abuse laws; the Compliance Plan can be reviewed at:

https://www.tompkinscountyny.gov/files/assets/county/v/1/administration/documents/county-compliance-program/2019_compliance-program-document_final-posted.pdf or a copy can be obtained from Tompkins County Administration, 125 East Court Street, Ithaca, NY 14850.

Respondents that are providers of healthcare services certify that the Respondent, and all employees, directors, officers, and subcontractors of the Respondent, are not “excluded individuals or entities” under Federal and/or New

York State statues, rules and regulations, to determine if any of them are on or have been added to the exclusion list.

The Respondent shall promptly notify the County if any employee, director, officer of subcontractor is on or has been added to the exclusion list. The County reserves the right to immediately cancel this contract, at no penalty to the County, if any employee, director, officer or subcontractor is on or has been added to the exclusion list.

By submitting a response to a Request for Qualifications, you are attesting to the fact that you and/or the provider, which you represent, have not been sanctioned nor excluded by any of the aforementioned entities.

https://www.tompkinscountyny.gov/files/assets/county/v/1/administration/documents/county-compliance-program/2019_compliance-program-document_final-posted.pdf https://www.tompkinscountyny.gov/files/assets/county/v/1/administration/documents/county-compliance-program/2019_compliance-program-document_final-posted.pdf

Iranian Energy Sector Divestment:

By submitting a response to this solicitation, the respondent hereby represents that said respondent is in compliance with New York State General Municipal Law Section 103-g entitled “Iranian Energy Sector Divestment”, in that said respondent has not:

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

Any respondent 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 respondent submitting a response to this solicitation must certify and affirm the following under penalties of perjury:

(1)“By submission of this response to solicitation, each respondent and each person signing on behalf of any respondent certifies, and in the case of a joint response, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of its knowledge and belief, that each respondent is not on the list created pursuant to NYS Finance Law Section 165-a (3)(b).”

Except as otherwise specifically provided herein, any response to this solicitation that is submitted without having complied with subdivision (1) above, shall not be considered for award. In any case where the respondent cannot make the certifications as set forth in detail the reasons therefore. The County reserves the right, in accordance with

General Municipal Law Section 103-g to award the contract to any respondent who cannot make the 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 respondent has adopted, publicized and is implementing a formal plan to cease the investment activities in Iran and to refrain from engaging any new investments in Iran; or

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

COUNTY OF TOMPKINS

GENERAL CONDITIONS

BIDDER’S STATEMENT ON SEXUAL HARASSMENT

IN ACCORDANCE WITH NEW YORK STATE FINANCE LAW §139—l

In accordance with State Finance Law §139-l, which generally prohibits the County from entering into contracts pursuant to the bid process with persons who fail to submit a certification affirming compliance with New York

Labor Law §201-g, the bidder submits the following certification under the penalty of perjury:

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 201-g of the Labor Law.

Dated: ______________, New York _____________, 20______

Name of Bidder

Signature of Authorized Official

Printed or Typed Name of Official and Title

Sworn to before me this

________ day of ____________, Notary Public

Attachment A - Tompkins County Livable Wage Policy and Attestation

Livable Wage Policy: By policy, Tompkins County must “consider the wage levels and benefits, particularly health care, provided by Contractors when awarding bids or negotiating contracts, and to encourage the payment of livable wages whenever practical and reasonable.”

Paying the living wage rate to all employees directly involved in providing the contracted County service is not mandatory but highly encouraged. However, the attainment of a broadly applied living wage is a County goal and is therefore an important consideration applied by the County when reviewing contract proposals.

Current Living Wage: The Living Wage in Tompkins County was computed by the Ithaca and Buffalo Co-Labs of Cornell’s School of Industrial and Labor Relations. Living wage is currently $24.82/hour for a single person without children. While the calculation is for a single person without children, there is an alternate online calculator from MIT that does provide local living wage figures for different family configurations in Tompkins County at https://livingwage.mit.edu/counties/36109. The rate will be re-evaluated again in 2027.

Requirement of All Contractors: As a part of its proposal or contract representations, a prospective service

Contractor must advise the County whether it will pay the living wage rate to all Covered Employees directly involved in the provision of the contracted service, including employees of any subcontractor engaged to assist in providing the service.

Additionally, Contractors are asked to estimate the number of employees who will be directly involved in the provision of the contracted service. If not, all employees are going to be paid the Living Wage, Contractors are asked to estimate how many full-time, and how many part-time, covered employees will NOT be paid the living wage.

Covered Employees include all full- and part-time employees, other than those Excluded Employees described below, who are directly involved in the provision of the contracted service, including employees of sub-contractors engaged to assist in providing the service.

Excluded Employees are:

• Employees under the age of 18

• Seasonal or temporary employees (90 days or less)

• Employees in a probationary status (90 days or less)

• Those employed in a sheltered or supported work environment

• Employees participating in a limited-duration (90 day) job training program

• Employees participating in an academic work-study or academic internship program

• Volunteers

• Employees participating in mandated welfare-to-work programs

• Employees paid pursuant to a collective bargaining agreement

Contractor’s Living Wage Representation

1. Approximately how many Covered Employees, including employees of any subcontractor involved in providing the service, will be involved in the provision of the contracted service?_____________(insert number)

2. Will all Covered Employees, including employees of any subcontractors directly involved in the provision of County services, be paid at least the living wage?

Yes No

3. If the answer is “No”,…