Induction Cooktops and Compatible Cookware 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.

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.

Minority Business Enterprises (MBEs’) and Women Business Enterprises (WBEs’) are encouraged to respond.

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

Title: Provision and Delivery of Residential Portable Induction Cooktops and Compatible

Cookware

Requesting Department: Department of Planning and Sustainability

Bid Due Date/Time: July 9, 2024 @ 2 PM ET

PURPOSE

Tompkins County Department of Planning and Sustainability is soliciting bids from qualified suppliers for the provision and delivery of residential portable induction cooktops (one and two burner options desired) along with compatible cookware (pot and pan). The objective is to procure the maximum equal number of cooktops and pots and pans possible within a total budget of $29,500, inclusive of all shipping costs.

BIDDING DOCUMENTS

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

2. 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.

3. 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.

SUBMISSION of BIDS

1. Bids and any other required documents shall be submitted online t h r o u g h t h e T o m p k i n s C o u n t y w e b s i t e a t : www. Tompkinscountyny.gov/purchase and selecting ‘Open Solicitations’. This will take you to

BidNetDirect where the Bid 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. Respondents shall submit all forms that require signatures with their proposal response.

mailto:purchase@tompkins-co.org

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.

TERM of BID

The term of this bid/contract shall be through completion, no more than 90 days.

BID SECURITY

The bid security for this project shall be 0 % of the total amount bid, including alternates.

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, or who have previously performed similar work in an unsatisfactory manner, 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 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.

4. Bids will be considered irregular and shall be subject to rejection for the following reasons:

(a) If the bid is on a form other than furnished within the specifications by Tompkins County.

(b) If there are unauthorized additions, conditional or alternate pay items, or irregularities of any kind which make the bid incomplete, indefinite, or otherwise ambiguous.

(c) If the bid is not accompanied by a bid security, if specified, by the County.

BID FORM

1. The Bid Form is attached hereto;

2. Bids must be made on the Bid Form provided by the County and must be completed in ink or typed. Bids completed in ink must be legible and are open to interpretation by the County. The Bid Form must be signed by an authorized representative of the bidder.

3. Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign on behalf of the corporation) and the corporate seal must be affixed. The corporate address and state of incorporation must be shown below the signature.

4. Bids by partnerships must be executed in the partnership name and signed by a partner whose title must appear under the signature. The official address of the partnership must be shown below the signature.

5. All names must be printed or typed below the signature.

6. The address to which communications regarding the bid are to be directed must be included on the Bid Form.

DEVIATIONS/ALTERNATIVES/EQUIVALENTS

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

DETAILED SPECIFICATIONS

DELIVERY:

All pricing shall include delivery. Bidders are to indicate on their bid forms the number of days’ delivery shall occur after receipt of order.

CONTRACT REASSIGNMENT:

The respondent shall not re-assign any portion of the any contract that results from this solicitation without the express written consent of the County. The contract may not be amended or modified except in writing by mutual agreement, nor may any obligations be waived orally.

LITERATURE:

Bidders must provide literature with their bids for the product(s) they are bidding. This may include manufacturing location, materials, and durability or other testing.

SPECIFICATION CLARIFICATION

1. Requests for clarification to the specifications must be submitted via BidNetDirect.com, no later than seven (7) days prior to the bid due date (July 2, 2024) before 5 PM. Answers will be posted to BidNetDirect.com as available.

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

County will be bound only be 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.

BID EVALUATION

1. The County reserves the right to accept or reject any or all Bids, or separable portions of Bids, and waive technicalities, irregularities, and omissions if the County determines the best interests of the County will be served. The County, in their sole discretion, may accept or reject illegible, incomplete or vague Bids and their decision shall be final. A conditional or revocable Bid which clearly communicates the terms or limitations of acceptance may be considered, and Contract award may be made in compliance with the Bidder’s conditional or revocable terms in the Bid.

2. Bids shall remain valid until:

(a) The execution of a contract by Tompkins County; or

(b) The issue of a purchase order by Tompkins County; or

(c) As otherwise rejected by Tompkins County.

3. Bids received will be evaluated by Tompkins County and will be based, as a minimum, upon the following criteria:

(a) Lowest total bid;

(b) Completeness of bid; and

(c) Bidder’s demonstrated capabilities and professional qualifications.

4. The County reserves the right to award this contract per item, or on a category or aggregate basis, whichever is most beneficial to Tompkins County.

5. The County reserves the right to purchase items pursuant to General Municipal Law 104 from New York State

Contracts, other government contracts, or New York State Preferred Sources within its discretion.

MODIFICATION and WITHDRAWAL of BIDS

1. Bids may be modified or withdrawn at any time prior to the opening of bids by an appropriate document duly executed in the manner that a bid must be executed and delivered to the place where bids are submitted.

2. If, prior to awarding of the contract or within three days after opening, whichever period is shorter, any bidder files a duly signed written notice with the County and promptly thereafter demonstrates to the reasonable satisfaction of the County that there was a material and substantial mistake in the preparation of its bid, the bidder may withdraw their bid.

3. Any attempt to withdraw a bid after an award is made shall not be allowed.

AWARD of BID

1. After the award of bid 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 Bid/RFP response, the original Request for Bid/RFP 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 the Tompkins County Purchasing

Division. 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.

3. The resulting County Award will incorporate Tompkins County Contract Standard Terms and Conditions, this

RFP, any addendum, and bidder’s response thereto, all additional agreements and stipulations, and the results of any final negotiations will constitute the final contract. The terms and conditions as contained in the Contract for Services shall take precedence over any conflicting terms.

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.

CONFIDENTIALITY

To protect the confidentiality of the information contained in this RFP, Bidders must agree not to disclose any information to any parties inside your organization, other than those with a need to know. You are prohibited from disclosing any information contained in this RFP to any parties outside of your organization without the express, written authorization of the Tompkins County.

CONFLICT OF INTEREST

No officer or employee of the County shall participate in any decision relating to the Contract which affects their personal interest or the interest of any corporation, partnership, or association in which they are directly or indirectly interested.

GOVERNING LAW

Any resulting contract shall be interpreted, governed, and construed under the laws of the State of New York. The

Bidder consents to the exclusive jurisdiction of, and venue in, the State and Federal Courts within Tompkins

County, New York. The contract will be binding on all successors, heirs, executors, administrators, representatives, and assigns of all the parties.

All required Federal, State, and Local licenses shall be obtained by the Bidder prior to commencement of a contract and shall be maintained for the duration of the contract.

FAILURE to PERFORM

In the event the equipment and/or products fail to perform to the County’s expectations the vendor shall, at its own expense, repair or replace said item(s).

REMEDY for BREACH

In the event of a breach by Contractor, Contractor shall pay to the County 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 must be brought in the Supreme

Court of Tompkins County.

TERMINATION CLAUSE

The County reserves the right to terminate any contract resulting from this bid with ten (10) calendar days’ written notice to the vendor/contractor. The County agrees to show cause and to allow the vendor/contractor the opportunity to rectify the problems, however, if in the sole opinion of the County the vendor/contractors has not resolved the problem to the satisfaction of the County in a timely manner, said contract shall be canceled.

DELIVERY and PAYMENT

1. All bid prices shall include delivery and shall be quoted F.O.B. destination.

2. All deliveries shall be made as agreed upon between the vendor and the requesting department.

3. Unless otherwise specified by the County, inside delivery is required. Some delivery locations are not equipped with loading docks and cannot accommodate tractor trailers. No additional compensation shall be paid to vendors for inside delivery at those locations. Under no circumstances shall County employees be required to unload and/or deliver inside, their own shipments.

4. Prior to payment, the items furnished and/or work performed will be inspected by the requesting department to determine their conformity to specification. Payments will not be made for items or work not meeting specification(s).

5. Tompkins County is not subject to Federal, State, or Local Taxes.

6. Tompkins County’s terms are Net 30 if payment by paper check is required, however, may be sooner to vendors who accept payment by credit card or ACH.

EXTENSION of BIDS to all POLITICAL SUBDIVISIONS, NOT-FOR-PROFIT ORGANIZATIONS and

AUTHORIZED DISTRICTS

1. Tompkins County reserves the right to allow all municipal, not for profit organizations and authorized districts authorized under the General Municipal Laws of the State of New York to purchase any goods and/or services awarded resulting from this bid in accordance with the latest amendments to NYS GML 100 through 104.

However, it is understood that the extension of such contracts shall be at the discretion of the vendor and the vendor is only bound to any contract between Tompkins County and the vendor.

2. No officer, board or agency of a county, town, village, or school district shall make any purchase through the

County when bids have been received for such purchase by such officer, board or agency, unless such purchase may be made upon the same terms, conditions and specifications at a lower price through the County.

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

4. Upon request, participating entities must furnish the successful Bidder with the proper tax exemption certificates or documentation of tax exempt status.

5. The sole responsibility regarding the performance of the bid, or any obligation, covenant, condition or term thereunder by the successful Bidder and the participating entities will be borne and is expressly assumed by the successful Bidder and the participating entity and not by Tompkins County. In the event of a failure or breach in performance of any such bid by a participating entity or the successful Bidder, Tompkins County, specifically and expressly disclaims 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 the Tompkins

County bid.

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.

Further, the Contractor agrees to comply with the County’s Compliance Plan regarding Federal and State fraud and abuse laws; the Compliance Plan can be reviewed at www.tompkins-co.org or a copy can be obtained from

Tompkins County Administration, 125 East Court Street, Ithaca, NY 14850.

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.

Contractors submitting responses/bids, are attesting to the fact that they and/or the provider, which they represent, have not been sanctioned nor excluded by any of the aforementioned entities.

http://www.tompkins-co.org/

Attachment A

CERTIFICATION

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

RFP. 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 he has 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 him 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 his 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.

Attachment A ANTI-DISCRIMINATION CLAUSE continued

(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 he has 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 him 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 him to intervene and protect the interests of the State of New York.

GENERAL CONDITIONS ACCEPTED BY:

Firm: _________________________________________________

By: _________________________________________________

Date: _________________________________________________

Title: _________________________________________________

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 his/her/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 his 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.

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:

www.tompkinscountyny.gov/purchase and selecting ‘Open Solicitations’. This will take you to BidNet Direct where the RFP 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.

http://www.tompkinscountyny.gov/purchase

Submission of Qualifications

1. Responses to this RFP and any other required documents shall be submitted through the Tompkins County website at www.tompkinscountyny.gov/purchasing (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:

www.tompkinscountyny.gov/purchase and selecting ‘Open Solicitations’. This will take you to BidNetDirect 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.

http://www.tompkinscountyny.gov/purchasing http://www.tompkinscountyny.gov/purchase

Tompkins County

Request for Qualifications – Terms & 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.

MWBE:

Tompkins County is committed to inclusion in our procurement processes and to support underrepresented businesses. Minority Business Enterprises (MBE’s), Women Business Enterprises (WBE’s), and other

Disadvantaged Business Enterprises (DBE’s) are encouraged to complete the Business Demographic Survey

(Attachment D).

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 re-assign any portion of the 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 www.tompkins-co.org 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.

http://www.tompkins-co.org/

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 ____________, Attachment B Insurance Requirements

Contractor/Subcontractor shall indemnify, hold harmless and defend Tompkins County and its officers, employees, agents and elected officials from and against any and all claims and actions brought against Tompkins 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 Contractor, its employees, subcontractors or agents except all actions and claims arising out of the negligence of Tompkins County. The Contractor/Subcontractor shall maintain the following minimum limits of insurance or as required by law, whichever is greater.

A.) Workers’ Compensation and New York Disability

Workers’ Compensation

Statutory coverage complying with NYS Workers’ Compensation Law Section 57 General Municipal Law

Section 125, Contractor must submit one of the following:

CE-200 - Certification of Attestation of Exemption form NYS Workers’ Compensation and/or Disability

Benefits Coverage available at http://www.wcb.ny.gov/content/main/forms/AllForms.jsp, OR

CE-105.2 - Certification of NYS Workers’ Compensation Insurance (U-26.3 f or State Insurance Fund version), OR

SI-12 - Certificate of NYS Workers’ Compensation Self Insurance, OR

GSI-105.2 - Certificate of NYS Workers’ Compensation Group Self-Insurance Employers’ Liability -

$1,000,000

Disability Benefits Requirements

Statutory coverage complying with NYS Workers’ Compensation Law Section 220 (8) under General

Municipal Law Section 125, Contractor must submit one of the following:

CE-200 - Certification of Attestation of Exemption from NYS Workers’ Compensation and/or Disability

Benefits Coverage, OR

DB120.1 - Certificate of Disability Benefits Insurance, OR DB155 - Certificate of Disability Self-Insurance

NOTE: Proof of NYS Workers’ Compensation and NYS Disability Benefits must be provided on NYS forms as listed above (complete information available at http://www.wcb.ny.gov/content/main/forms/AllForms.jsp or

Bureau of Compliance at (866) 546-9322).

B.) Commercial General Liability (CGL) including, contractual, independent contractors, products/completed operations

Each Occurrence $1,000,000

General Aggregate $2,000,000

Products/Completed Operations Aggregate $2,000,000

Personal and Advertising Injury $1,000,000

Damage to Rented Premises $50,000

Medical Expense $5,000

• Contractor/Subcontractor shall maintain coverage for itself and all additional insureds for the duration of the Agreement.

• Policy may not contain any exclusions relating to NY Labor Law or municipal work.

• It is expressly understood and agreed by the Contractor that the insurance requirements specified above, contemplate the use of occurrence liability forms.

• Tompkins County and its officers, employees, agents and elected officials are to be included as Additional

Insured’s on a primary and non-contributory basis.

• If applicable, Contractor, Owner, and all other parties required of the Contractor shall be included as

Additional Insured included Completed Operations on the CGL, using ISO Additional Insured

Endorsement CG2010 (11/85) or CG2010 (04/13) AND CG2037 (04/13) or CG2037 (04/13) AND

CG2038 (04/13) or an endorsement providing equivalent coverage to the additional insureds. This insurance for the additional insureds shall be as broad as the coverage provided for the named insured

Contractor/Subcontractor. It shall apply as Primary and non-contributing Insurance before any other insurance or self-insurance, including any deductible, maintained by, or provided to, the additional insured.

C.) Commercial Umbrella $1,000,000

• Policy may not contain any exclusions relating to NY Labor Law or municipal work.

• Tompkins County and its officers, employees, agents and elected officials are to be included as Additional

Insured’s on a primary and non-contributory basis.

• Umbrella coverage must include as insureds all entities that are additional insureds on the CGL.

• Umbrella coverage for such additional insureds shall apply as primary before any other insurance or self-insurance, including any deductible, maintained by, or provided to, the additional insured other than the

CGL, Auto Liability, and Employers Liability coverages maintained by the Contractor/Subcontractor.

D.) Business Auto Coverage Liability for Owned, $1,000,000 CSL or

Hired and Non-Owned $500,000 Per Person BI

$1,000,000 Per Accident BI

$250,000 PD Split Limits

• Contractor, Owner, and all other parties required of the Contractor shall be included as insureds on the auto policy.

E.) Waiver of Subrogation

Contractor/Subcontractor waives all rights against Tompkins County and its officers, employees, agents and elected officials for recovery of damages to the extent these damages are covered by commercial general liability, commercial umbrella liability, business auto liability, or workers compensation and employers liability insurance maintained per requirements stated above.

All insurance shall be written with insurance carriers licensed by New York State and have an A.M. Best’s Key

Rating no lower than “A – X”. Proof of insurance shall be provided on the Acord Certificate of Insurance, Acord 25

(03/2016), or insurance company certificate. All insurance policies and Certificates shall contain a provision that coverage afforded under the policies will not be canceled, allowed to expire, or materially changed (except for non-payments) until at least thirty (30) days prior written notice has been given to the County. All Certificates must be signed by a licensed agent or authorized representative of the insurance company. Certificates of Insurance shall be submitted with the RFP, bid, and/or signed agreement.

Attachment C

TOMPKINS COUNTY

VENDOR RESPONSIBILITY QUESTIONNAIRE

FEIN#

VENDOR IS: □ PRIME CONTRACTOR □ SUB-CONTRACTOR

IDENTIFICATION NUMBER :

WEBSITE ADDRESS:

VENDOR’S…