MIP3 Legal Services RFP 26-0910-1.pdf

Office of Franklin County Manager

355 West Main Street, Suite 456, Malone, New York 12953-1826 Tel: 518-481-1693 Fax: 518-483-0141

County’s Website: https://www.franklincountyny.gov

DONNA KISSANE CAROL MURTAGH

County Manager Assistant Purchasing Agent donna.kissane@franklincountyny.gov carol.murtagh@franklincountyny.gov 518-481-1695

REQUEST FOR PROPOSALS

Issue Date August 27, 2026

RFP Name MIP3 Legal Services

RFP Number 26-0910-1

Opening Date/Time September 10, 2026, 3:00 P.M.

Contact Person Carol Murtagh, Assistant Purchasing Agent

Questions Due Date: September 2, 2026

Questions Response Due Date:

September 4, 2026

Interested vendors must submit proposals in a sealed envelope to:

Franklin County Manager’s Office 355 West Main Street, Suite 456 Malone, NY 12953

The face of the envelope must say:

1) Name and address of bidder

2) Name of bid

Place of Opening Franklin County Board of Legislature 355 West Main Street, Suite 409 Malone, NY 12953-1826

Number of proposal copies requested

One (1) original and two (2) copies

It is the vendor’s responsibility to read the attached specifications and general conditions, which outline Franklin County's bidding rules. Vendors must include the following completed forms with their proposals.

• Non-Collusion Bidding Certification / NYS Sexual Harassment

• General Information Sheet

• Vendor Reference Sheet

• Iran Divestment Act Affidavit of Individual or Entity

• Disclosure of Interest

• W-9

• Certificate of insurance

Donna Kissane, County Manager https://www.franklincountyny.gov/

Franklin County’s MIP3 Legal Services 26-0910-1

INTRODUCTION AND BACKGROUND

The County of Franklin, New York is soliciting qualifications and hourly rate proposals from licensed New York State attorneys or law firms to provide legal services in connection with the County's Municipal Infrastructure Program Phase 3 (2018MIP32019) broadband infrastructure project.

MIP3 is funded through the New York State ConnectALL Municipal Infrastructure Program, administered by Empire State Development ('ESD'). The project involves the design, permitting, procurement, and construction of fiber optic and fixed wireless broadband infrastructure serving unserved and underserved locations throughout Franklin County. The project is subject to applicable federal and state grant compliance requirements including 2 CFR Part 200.

The County owns existing fiber infrastructure that is expected to be used by an Internet Service Provider (“ISP”) to provide broadband service. The County anticipates negotiating a long-term agreement governing the ISP’s use, operation, maintenance, and commercial utilization of the infrastructure, potentially including revenue sharing. The County’s goal is to ensure sufficient recurring revenue or other consideration to cover reasonable ownership and stewardship costs, including operations, maintenance, repairs, administration, insurance, emergency restoration, and capital replacement or reserves.

The County is also considering provisions under which ownership of specified fiber infrastructure could transfer to the ISP after an initial ten-year term, subject to negotiated performance requirements and other conditions.

The County seeks counsel with demonstrated experience in municipal broadband, telecommunications, publicly owned fiber, public-private partnerships, revenue sharing, broadband grant compliance, operations and maintenance agreements, infrastructure ownership and transfer, and complex ISP negotiations.

Selected counsel will protect the County’s legal and economic interests while supporting compliance with applicable grant requirements and the public purposes of MIP3. The County may engage independent broadband, economic, financial, or technical advisors to evaluate network economics, costs, revenues, valuation, and other non-legal matters. Counsel will coordinate with such advisors and translate relevant technical and economic requirements into enforceable contractual provisions.

SCOPE OF SERVICES

Legal services required may include, but are not limited to, the following specialized areas:

Specialized Legal Services

● Municipal broadband and telecommunications law, including FCC and New York State regulatory matters, pole attachments, spectrum, broadband infrastructure deployment, and publicly owned fiber networks

● Broadband grant compliance, including ConnectALL requirements, Grant Disbursement Agreement (“GDA”) requirements, 2 CFR Part 200, and other applicable federal and state grant requirements

● Public-private partnerships and ISP agreements, including negotiation and drafting of long-term agreements governing ISP use, operation, maintenance, and commercial utilization of County-owned broadband infrastructure

● Revenue-sharing and other commercial arrangements, including provisions addressing operating costs, recurring revenues, infrastructure valuation, reserves, capital replacement, and other economic considerations

● Operations and maintenance agreements, infrastructure ownership and transfer agreements, and memorandums of understanding related to broadband and telecommunications infrastructure

● Infrastructure ownership, risk allocation, and contractual protections, including insurance, indemnification, liability, performance requirements, emergency restoration, and conditions governing potential transfer of ownership

● Tribal law and government-to-government agreements, including matters involving tribal nations and sovereign entities, as applicable

● Complex negotiations and interagency coordination, including coordination with Internet Service Providers, municipalities, state agencies, grant administrators, and independent broadband, financial, economic, and technical advisors

CONTRACT TERM

The initial contract term will be one (1) year from the date of award, with two (2) optional one-year renewal periods at the County's sole discretion, for a maximum term of three (3) years. Services are on an as-needed, hourly basis. This RFP does not guarantee any minimum volume of work.

MINIMUM QUALIFICATIONS

Respondents must demonstrate the following minimum qualifications to be considered:

● Licensed to practice law in the State of New York

● Minimum five (5) years of experience representing municipal or public authority clients in New York State

● Demonstrated experience in at least two of the following areas: telecommunications infrastructure, tribal law and government-to-government agreements, operations and maintenance agreements, transfer of ownership agreements, federal or state grant-funded capital projects,

● No unresolved conflicts of interest with the County of Franklin or any MIP3 project participant

SUBMISSION REQUIREMENTS

Submissions must include the following, in the order listed:

Cover Letter

A cover letter (maximum one page) identifying the firm, lead attorney, and a brief statement of interest. Confirm that the firm meets all minimum qualification requirements.

Statement of Qualifications

A statement of qualifications (maximum six pages) addressing:

● Firm overview — size, structure, and office location(s)

● Lead attorney biography and bar admission information

● Description of relevant experience in each applicable service area identified in Section 2

● Representative municipal or public authority client engagements, including scope and outcome

● Identification of all attorneys and paralegals proposed for this engagement

References

A minimum of three (3) references from municipal, county, or public authority clients for whom the firm has provided similar legal services within the past five (5) years. Include client name, contact name, title, telephone number, and email address.

Hourly Rate Schedule

Complete the rate schedule below for each year of the proposed contract term. Rates must be firm and all-inclusive (no separate charges for routine overhead, research, or travel within Franklin County). Rates must be expressed as whole dollar amounts.

Attorney Classification Year 1 Rate/Hr Year 2 Rate/Hr

Senior Partner / Lead Attorney

Associate Attorney

Paralegal

Other (describe):

Provide a description of any expenses that would be billed separately and the basis for such charges.

Conflict of Interest Disclosure

Disclose any actual or potential conflicts of interest with the County of Franklin, Akwesasne Mohawk Tribal Council, Mohawk Networks LLC, Empire State Development, Hudson Valley Wireless, SLIC Fiber, National Grid, NYSEG, Verizon, Charter or any Municipal Infrastructure Project participants. If none exist, so state.

Insurance

Provide evidence of, or confirm the ability to obtain, the following minimum coverage:

● Professional Liability (Errors & Omissions): $1,000,000 per occurrence / $2,000,000 aggregate

● Commercial General Liability: $1,000,000 per occurrence / $2,000,000 aggregate

● Workers' Compensation and Employer's Liability as required by New York State law

EVALUATION CRITERIA

Submissions will be evaluated by a selection committee on the following criteria:

# Criterion Maximum Points

1 Qualifications and Relevant Experience — municipal law, telecom/broadband infrastructure, tribal law, operations and maintenance agreements, transfer of ownership agreements, grant-funded capital projects, NYS regulatory matters

2 References — quality and relevance of municipal or public authority client engagements

3 Proposed Hourly Rates — competitiveness and clarity of rate schedule

4 Capacity and Local/Regional Presence 10

TOTAL 100

The County reserves the right to conduct interviews with top-ranked respondents prior to final selection. The County is not obligated to select the respondent with the lowest hourly rates.

SUBMISSION INSTRUCTIONS

Submissions must be received by the deadline stated on the cover page. Late submissions will not be considered.

Submissions may be mailed directly to or physically delivered to the Franklin County Manager's Office, 355 West Main Street, Suite 456, Malone, NY 12953. Please be advised – ELECTRONIC SUBMISSION WILL NOT BE ACCEPTED.

Questions regarding this RFP must be submitted in writing to the contact identified on the cover page no later than the questions due date stated on the cover page. Responses to questions of general interest will be provided to all respondents by addendum(s) by the questions response date as stated on the cover page.

GENERAL TERMS AND CONDITIONS

Reservation of Rights. The County reserves the right to reject any or all submissions, to waive any informality or irregularity, to accept the submission deemed most advantageous to the County, and to cancel this solicitation at any time without liability.

No Contract Created. This RFP is not an offer to contract. No contract shall exist until a written agreement is executed by both parties and authorized by the Franklin County Board of Legislators.

Cost of Preparation. The County is not responsible for any costs incurred by respondents in preparing or submitting a response to this RPF.

Public Records. All submissions are subject to disclosure under the New York Freedom of Information Law (Public Officers Law § 84 et seq.). Respondents claiming trade secret or other exemptions must identify specific portions of their submission claimed to be exempt and the basis for such claim.

Non-Discrimination. The selected firm shall comply with all applicable federal, state, and local laws prohibiting discrimination in employment and service delivery.

Grant Compliance. To the extent that services are charged to the MIP3 grant, the selected firm shall comply with all applicable requirements of 2 CFR Part 200 and the ConnectALL Grant Disbursement Agreement.

Franklin County Manager’s Office 355 West Main Street, Suite 456 Malone, New York 12953-1826

(518) 481-1695

G E N E R A L C O N D I T I O N S

All proposals shall be made upon forms furnished by the Purchasing Department of the County of Franklin and shall be contained in sealed envelopes addressed to the Franklin County Manager, Courthouse, Suite 456, 355 West Main Street, Malone, New York 12953-1826.

BIDS

1. The form of proposal as issued by the Purchasing Department shall be filled in with ink or typed. No bid will be accepted that contains any changes, additions, omissions, or erasures, unless otherwise stated.

2. Non-Appropriations Clause: In accordance with NYS General Municipal Laws, Franklin County will not be liable for any purchases or contracts for goods or services for which funding is not available.

As a result, the vendor agrees to hold the County harmless for any contracts let for which funding either does not currently exist or has been removed before the County issues a purchase order. As such, no contract becomes binding until the necessary funds have been approved for the fiscal year during which the contract is in effect.

3. Bidder must submit with bid detailed specifications, circulars, and all necessary data on items he proposes to furnish. This information must show clearly that the item offered meets all detailed specifications herein. The Purchasing Agent reserves the right to reject any bid if its compliance with specifications is not clearly evident. If the item offered differs from the provisions of these specifications, such differences must be explained in detail, and the bid will receive careful consideration if the deviations do not depart from the intent of these specifications and are in the best interests of the County of Franklin, as interpreted by the County.

4. All prices quoted must be “per unit” as specified;

e.g., do not quote “per case” when “per dozen” is requested; otherwise, the bid may be rejected.

5. Bidder must insert the price per unit and the extensions against each item in his bid. In the event of a discrepancy between the unit price and the extension, the unit price will govern. Prices shall be expressed in decimal form, not as fractions.

6. The price submitted shall be exclusive of Federal and State taxes and must not include any tax for which the bidder may claim exemption because of doing business with the County.

7. Prices shall be net, including transportation and delivery charges fully prepaid by the successful bidder to the destination indicated in the proposal. If an award is made on any other basis, transportation charges must be prepaid by the successful bidder and added to the invoice as a separate item. In any case, title shall not pass until items have been delivered and accepted.

8. Where a bidder is requested to submit a bid on individual items and/or on a total sum or sums, the right is reserved to award bids on individual items or on total sums.

9. All bids received after the time stated in the “Notice to Bidders” may not be considered and will be returned unopened to the bidder. The bidder assumes the risk of any delay in the mail or in the County's employees' handling of the mail. Whether sent by mail or by personal delivery, the bidder assumes responsibility for depositing his bid on time at the specified place.

10. In all specifications, the words “or equal” are understood after each article giving the manufacturer’s name or catalog reference, or on any patented article. The County Purchasing Agent's decision on whether an alternate or substitution is in fact “equal” shall be final. If bidding on items other than those specified, the bidder must, in every instance, give the trade designation of the article, the manufacturer’s name, and detailed specifications of the item he proposes to furnish. Otherwise, the bid will be construed as submitted on the identical item as specified.

11. No interpretation of the meaning of the specifications or other contract document will be made to any bidder orally. Every request for such interpretation should be in writing, addressed to the Franklin County Manager, no later than five (5) days before the date fixed for the opening of bids.

The County Manager shall issue notice of any responses in the form of addenda to the specifications. He will send all such interpretations and any supplemental instructions to all bidders of record. All addenda so issued shall become a part of the contract documents.

12. The submission of a bid will be construed to mean that the bidder is fully informed as to the extent and character of the supplies, materials, or equipment required and that the bidder can furnish the supplies, materials, or equipment satisfactory in complete compliance with the specifications.

13. If two or more bidders submit identical bids as to price, the decision of the Purchasing Agent to award a contract to one of such identical bidders shall be final. (General Municipal Law, sec 103. Sub 1).

14. It is the responsibility of the bidder to offer a product that meets the manufacturer's model specifications as listed.

15. See attached insurance requirements. Liability, workers' compensation, and disability coverage statements are required of all bidders. Automobile coverage is required for those who provide delivery.

Bidders who use common carriers for delivery do not need automobile coverage statements.

16. In the event satisfactory bids are not received, the Purchasing Agent reserves the right to consider alternative proposals containing deviations from County specifications. Bidders shall explain in detail how such alternatives deviate from or qualify under the terms of the proposal and specifications as issued.

SAMPLES

17. Samples, when required, must be submitted strictly in accordance with instructions; otherwise, they may not be considered. If samples are requested after bid opening, they shall be delivered within 10 days of the request or as directed for the bid to be considered. Samples must be furnished free of charge and must be accompanied by descriptive memorandum invoices indicating if the bidder desires their return and specifying the address to which they are to be returned, provided they have not been used or made useless by tests.

Award samples may be held for comparison with deliveries. The County will not be responsible for any items destroyed or mutilated as a result of examination or testing. The bidder shall, at his expense, remove samples. Samples not regarded as abandoned shall be the County's property, and the County shall have the right to dispose of them as its own property.

AWARD

18. The County Purchasing Agent for the County of Franklin reserves the right to waive any formality or to reject any or all bids.

19. Awards will be made to the lowest responsible bidder, as will best promote the public interest, taking into consideration the reliability of the bidder, the quality of the materials, equipment, or supplies to be furnished, their conformity with specifications, the purposes for which required, and the terms of delivery.

20. No contract hereunder shall, either in whole or in part, be assigned, transferred, conveyed, sublet or otherwise disposed of to any other person, company or corporation unless approval is first obtained in writing from the County Purchasing Agent.

21. Should the successful bidder fail to meet a delivery date required by the specifications, the Purchasing Agent may, at her discretion, cancel the order and terminate the contract. In such an event, the County will assume no responsibility for any expense or loss incurred by the successful bidder as a result of such cancellation or termination.

22. Should any material or equipment delivered fail to meet the specifications, the County Manager may, at his discretion require the vendor, in writing, to replace the same with materials or equipment which does meet the specifications and, at the vendor’s expense, to remove the rejected material or equipment from wherever delivered or stored and if such proper replacement and removal is not made by vendor within 30 days, to cancel the order and terminate the contract. In this event, the County will assume no responsibility for any expense or loss incurred by the vendor as a result of such cancellation or termination.

23. If the successful bidder fails to deliver within the time specified, or within a reasonable time as interpreted by the County, or fails to make replacement of rejected articles, when so requested, immediately or as directed by the County, the County may purchase from other sources to take the place of the item rejected or not delivered. The County reserves the right to authorize immediate purchase from other sources, in the event of rejection, on any contract when necessary. For all such purchases, the successful bidder agrees to reimburse the County for any excess costs incurred promptly. Should the cost be less, the successful bidder shall not have a claim to the difference. Such purchases will be deducted from the contract quantity.

24. A contract may be canceled at the successful bidder’s expense upon non-performance of the contract.

DELIVERY

25. Delivery must be made in accordance with the instructions to bidders and specifications. If delivery instructions do not appear in the order, they will be interpreted as a delivery prompt. The County Purchasing Agent's decision regarding reasonable compliance with delivery terms shall be final.

Regardless of delivery date, the pricing, terms, and conditions of the bid will be recognized as in effect on the date of order placement.

26. The County will not accept any deliveries on Saturdays, Sundays, or legal holidays, except commodities required for daily consumption or where the delivery is for an emergency.

27. Items shall be securely and properly packed for shipment, storage, and stocking in shipping containers, in accordance with accepted commercial practice, without extra charge for packing cases, bailing, or sacks.

28. The successful bidder shall be responsible for delivery of items in good condition at the point of destination. He shall file all claims with the carrier for breakage, imperfections, and other losses, and such losses will be deducted from invoices. The receiving department will note, for the benefit of the successful bidder, when packages are not received in good condition. The carton shall be labeled with the purchase order or contract number, the successful bidder’s name, and a general statement of contents. Failure to comply with this condition shall be considered sufficient reason for refusal to accept the goods.

29. Unless otherwise stated in the specifications, all items must be delivered into and placed at a point within the building as directed by the shipping instructions of the County Manager. The successful bidder is required to furnish proof of delivery in every instance.

30. If required within the bid specifications, unloading and placing of the equipment or furniture are the responsibility of the successful bidder, and the County accepts no responsibility for unloading and placing of equipment. Any costs incurred by the County as a result of the successful bidder's failure to comply with this requirement will be charged to the bidder. The County will provide no help for unloading, and suppliers should notify their truckers accordingly.

31. Delivery tickets or packing slips shall accompany all deliveries. Ticket shall contain the following information for each item delivered:

Contract Name and/or Purchase Order Number Name of Article Item Number (if applicable) Quantity Name of Successful Bidder

INSTALLATION OF EQUIPMENT

32. The successful bidder shall clean up and remove all debris and rubbish resulting from his work from time to time as required or directed.

Upon completion of the work, the premises shall be left in a neat, unobstructed condition, the building shall be broom-clean, and everything shall be in perfect repair and order. Old materials are the property of the successful bidder unless otherwise stated.

33. Equipment, supplies, and materials shall be stored at the site only with the approval of the County Purchasing and at the successful bidder’s risk. In general, such on-site storage should be avoided to prevent possible damage or loss of the material.

34. Work shall be progressed to cause the least inconvenience to the County and with proper consideration for the rights of other successful bidders or workmen. The successful bidder shall keep in touch with the entire operation and install their work promptly.

35. Bidders shall acquaint themselves with conditions to be found at the site and shall assume all responsibility for placing and installing the equipment in the locations required.

36. Trade-in equipment shall be dismantled by the successful bidder and removed at his expense. The condition of the trade-in equipment at the time it is turned over to the successful bidder shall be the same as covered in the specifications, except as affected by normal wear and tear from use up to the time of the trade-in. All equipment is represented “as is”. Equipment is available for inspection only at the delivery point listed for new equipment, unless otherwise specified.

GUARANTEES BY THE SUCCESSFUL BIDDER

37. The successful bidder guarantees:

(a) His product against defective material or artistry and to repair or replace any damage or marring occasioned in transit.

(b) To furnish adequate protection from damage for all work and to repair damage of any kind for which he or his workers are responsible, to the building or equipment, to his own work, or to the work of other successful bidders.

(c) To carry adequate insurance to protect the County from loss in case of accident, fire, theft, etc.

(d) That all deliveries will be equal to the accepted bid sample.

(e) That the equipment is standard, new, the latest model of a regular stock product or as required by the specifications; also that no attachment or part has been substituted or applied contrary to the manufacturer’s recommendations and standard practice. Every unit delivered must be guaranteed against defects in materials and quality for a period of at least one year from the date of delivery. If, during this period, such a fault develops, the successful bidder agrees to replace the unit or the affected part at no cost to the County. Any merchandise provided under the contract that is or becomes defective during the guarantee period shall be replaced by the successful bidder free of charge, with the specific understanding that all replacements shall carry the same guarantee as the original equipment. The successful bidder shall make any such replacement immediately upon receiving notice from the County.

SAVING CLAUSE

38. The Contractor shall comply with all the provisions of the laws of the County of Franklin, the State of New York and of the United States of America which affect municipalities and municipal contracts, and more particularly the Labor Law, the General Municipal Law, the Workmen’s Compensation Law, the Lien Law, Personal Property Law, State Unemployment, Rules and Regulations, and any regulations promulgated by the State of New York and of amendments and additions thereto, in so far as the force and effect as if set forth at length herein. The bidder’s special attention is called to those laws, which are set forth below:

39. Section 103-d of the General Municipal Law of the State of New York, which reads as follows:

“1. Every bid or proposal hereafter made to a political subdivision of the state of any public department, agency or official thereof where competitive bidding is required by statute, rule, regulation or local law, for work or services performed or to be lowing statement subscribed by the bidder and affirmed by such bidder as true under the penalties of perjury; non-collusive bidding certification.

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

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

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

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

(b) A bid 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 cannot make the foregoing certification, the bidder shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons therefor. Where (a)

(1) (2) and (3) above have not been complied with, the bid 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 which the bid is made, or her designee, determines that such disclosures was not made for the purpose of restricting competition.

The fact that a bidder (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, does not constitute, without more, a disclosure within the meaning of sub-paragraph one (a).

2. Any bid hereafter made to any political subdivision of the state or any public department, agency or official thereof by a corporate bidder for work or services performed or to be performed or goods sold or to be sold, where competitive bidding is required by statute, rule, regulation, or local law, and where such bid contains the certification referred to in subdivision one of this section, shall be deemed to have been authorized by the board of directors of the bidder, and such authorization shall be deemed to include the signing and submission of the bid and the inclusion therein of the certificate as to non-collusion as the act and deed of the corporation and the inclusion therein of the certificate as to non-collusion as the act and deed of the corporation.”

40. All vendors must comply with the provisions of the Toxic Waste Right to Know Law and provide the County with any information as required by law.

41. All regularly manufactured stock electrical items must bear the label of Underwriters Laboratories, Inc.

42. Bids on equipment must be on standard new equipment of the latest model and in current production, unless otherwise specified. All supplies, equipment, vehicles, and materials must comply with the provisions of the Occupational Safety and Health Act.

43. The non-collusion bidding certification following the form of proposal must be executed by the bidder and submitted with the proposal.

44. Franklin County reserves the right to terminate this contract on the Information Sheet and the Vendor Reference Sheet. These forms must be submitted with the proposal.

45. Faxed and/or emailed bids will not be accepted.

46. Any awards resulting from this bid shall be final and shall be for the complete term of the contract.

No rescinding of awards will be made due to bidder error or inability to supply.

47. Franklin County reserves the right to extend the term of this contract for any period up to sixty (60) days beyond the expiration date specified herein, on identical terms and conditions. Written notice will be given to the contractor.

48. Extension of Prices – Political sub-divisions, districts, and other entities authorized by law, including certain non-profit agencies, may participate in contracts resulting from this bid. Upon request, non-county agencies must furnish the contractor(s) with the proper tax exemption certificate.

49. Political subdivisions and others authorized by law may participate in contracts resulting from this bid opening.

Drug-Free Workplace Act of 1988

All Contractors providing property or services to Franklin County valued at $25,000 or more, or any Contractor participating in a project involving a grant from any federal agency, must comply with all aspects of this law.

The Drug-Free Workplace Act of 1988 took effect on March 18, 1989. The Act applies to a federal government contractor providing property or services valued at $25,000 or more, or any establishment receiving a grant from any federal agency. A covered federal contractor must certify to the contracting agency that it will provide a drug-free workplace.

The Act requires each covered contractor to provide each employee a written statement informing employees that the manufacture, distribution, possession, or use of controlled substances is prohibited in the workplace. The statement must specify the actions that will be taken for violations and that, as a condition of employment, the employee must abide by such statement and notify the employer of any conviction under a criminal drug statute for a violation occurring in the workplace within five days of such conviction. An employer who learns that an employee has been convicted must notify the contracting agency within 10 days of receiving notice of the conviction. In addition, the employer must discipline the convicted employee or require them to participate in a drug abuse assistance program.

A government agency may terminate a contract if the contractor fails to comply with the Act or has so many employees who are criminally convicted for workplace drug violations that the agency believes the contractor is not making a good-faith effort to establish and maintain a drug-free workplace.

Title VI of the Civil Rights Act of 1964

The County of Franklin, in accordance with the provisions of Title VI of the Civil Rights Act of 1964

(78 Stat. 252, 42 US. C.§§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor"), agrees as follows:

1. Compliance with Regulations: The contractor (hereinafter, including consultants) will comply with the Acts and the Regulations relative to Non-discrimination in Federally-assisted programs of the U.S. Department of Transportation, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract.

2. Non-discrimination: The contractor, with respect to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not, directly or indirectly, engage in discrimination prohibited by the Acts and the Regulations, including in employment practices, when the contract covers any activity, project, or program outlined in Appendix B of 49 CFR Part 21.

3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the contractor of the contractor's obligations under this contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, or national origin.

4. Information and Reports: The contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the County of Franklin, NYSDOT, or FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish it, the contractor will so certify to the County of Franklin, NYSDOT, or FHWA, as appropriate, and will set forth the efforts it has made to obtain the information.

5. Sanctions for Noncompliance: In the event of a contractor's noncompliance with the Nondiscrimination provisions of this contract, the County of Franklin and the NYSDOT will impose such contract sanctions as it, or the Federal Highway Administration (FHWA), may determine to be appropriate, including, but not limited to:

a. withholding payments to the contractor under the contract until the contractor complies; and/or

b. canceling, terminating, or suspending a contract, in whole or in part.

6. Incorporation of Provisions: The contractor will include the provisions of paragraphs one through six of this section in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The contractor will take action with respect to any subcontract or procurement as the Recipient or the (Title of Modal Operating Administration) may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided that, if the contractor becomes involved in, or is threatened with litigation by, a subcontractor or supplier because of such direction, the contractor may request that the County enter into any litigation to protect the County's interests. In addition, the contractor may request that the United States enter the litigation to protect its interests.

During the performance of this contract, the contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the "contractor"), agrees to comply with the following non-discrimination statutes and authorities, including but not limited to:

Pertinent Non-Discrimination Authorities:

• Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 Stat. 252), which prohibits discrimination based on race, color, or national origin; and 49 CFR Part 21.

• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C.

§ 4601), prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects;

• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination based on sex);

• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination based on disability); and 49 CFR Part 27;

• The Age Discrimination Act of 1975, as amended (42 U.S.C. § 6101 et seq.), prohibits discrimination based on age.

• Airport and Airway Improvement Act of 1982, (49 USC § 4 71, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);

• The Civil Rights Restoration Act of 1987, (PL 100- 209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);

• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination based on disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38;

• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination based on race, color, national origin, and sex);

• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;

• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);

• Title IX of the Education Amendments of 1972, as amended, which prohibits discrimination because of sex in education programs or activities (20 U.S.C.

1681 et seq).

Legal Publications for Bids – 2026

Please be advised that for the year 2026, Franklin County will publish all public bids in the following newspapers by directive of the Franklin County Legislature:

Malone Telegram Adirondack Enterprise 469 East Main Street 54 Broadway P. O. Box 69 P.O. Box 318 Malone, NY 12953 Saranac Lake NY 12983

It is the responsibility of prospective bidders to read these publications and contact the County Manager’s Office if they wish to be included on vendor lists for published bids.

Electronic Bids

Franklin County does not have a program in place to accept bids electronically. Bids must be in a sealed envelope and delivered to the location listed on the cover page by the specified time. Any bids that are not delivered sealed and on time will be rejected.

BID FORM BF-2

GENERAL INFORMATION SHEET

NAME OF BIDDER: _____________ ____________ ______

DOING BUSINESS AS: ____________________________________________________

ADDRESS: ______ ______

FEIN/SSN: ____________________________________________________

DUN & BRADSTREET NO.: ____________________________________________________

BID CONTACT PERSON: ____________________________________________________

BID MANAGER EMAIL: ____________________________________________________

SALES CONTACT PERSON: ____________________________________________________

PHONE # FOR ORDERS: ____________________________________________________

E-MAIL FOR ORDERS: ____________________________________________________

FAX # FOR ORDERS: ____________________________________________________

TYPE OF ENTITY: CORP. PARTNERSHIP INDIVIDUAL

If a non-publicly owned Corporation:

NAME OF CORPORATION:

LIST PRINCIPAL STOCKHOLDERS (holding over 5% of outstanding shares)

LIST OFFICERS:

LIST DIRECTORS:

DATE OF ORGANIZATION:

If a partnership:

PARTNERS: _______

NAME OF PARTNERSHIP:

DATE OF ORGANIZATION:

• If the business is conducted under an assumed name, a copy of the certificate required to be filed under the New York General Business Law must be attached.

• A copy of your organization's W-9 must be included with your bid if it is not already on file from a previous bid submission.

BID FORM BF-4

CERTIFICATION OF NON-COLLUSION Name of Bidder: ________________________________

I hereby attest that I am the person responsible within my firm for the final decision as to the price (s) and amount of this bid or, if not, that I have written authorization from that person to make the statements set out below on his or her behalf and on behalf of my firm.

I further attest that:

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

2. The bidder, before the opening, has disclosed neither the price(s) nor the amount of this bid.

3. No attempt has been made to solicit, cause or induce any firm or person to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non-competitive bid or other form of complementary bid.

4. The bid of my firm is made in good faith and not pursuant to any agreement or discussion with, or inducement from, any firm or person to submit a complementary bid.

5. My firm has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any other firm or person, or offered, promised or paid case or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by a firm or person to refrain from bidding or to submit a complementary bid.

6. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm’s bid on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion, act or other conduct inconsistent with any of the statements and representations made in this affidavit.

7. By submission of this bid, I certify that I have read, am familiar with, and will comply with any segments of these specifications.

IRAN DIVESTMENT ACT AFFIDAVIT OF INDIVIDUAL OR ENTITY

By submission of this Bid, each Bidder and each person signing on behalf of the Bidder certifies under penalty of perjury that:

1. I am submitting a bid to provide services and/or supplies on behalf of ___________________ with a physical address of __________________________________________________, to the County of

Franklin pursuant to competitive bidding rules and regulations.

2. This bid is submitted pursuant to the Iran Divestment Act of 2012 (Act), Chapter 1 of the 2012 Laws of New York, and New York State Finance Law (SFL), Section 165-a, effective April 12, 2012, and the regulations promulgated thereunder. This certification is made under penalty of perjury for the purpose of showing that the bidder has no “investment activities in Iran”.

3. The bidder/contractor does hereby certify that it is not engaged in “investment activities in Iran” as defined by the laws of the State of New York; nor will it invest in or participate in such activities during the term of the contract.

NEW YORK STATE SEXUAL HARASSMENT LAWS

By submission of this Bid, each bidder and each person signing on behalf of any bidder certifies. In the case of a joint bid, each party thereto certifies, under penalty of perjury, that it 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 NYS Labor Law. The NYS Department of Labor has created a model policy and training, which can be found here: https://www.ny.gov/programs/combating-sexual-harassment-workplace https://www.ny.gov/programs/combating-sexual-harassment-workplace https://www.ny.gov/programs/combating-sexual-harassment-workplace

BID FORM BF-5

DISCLOSURE OF INTEREST Name of Bidder: ____________________________

This Section must be completed and submitted with the Bid submission. If no disclosure is required, check the space below.

If the signer of this Bid, or any of the principal owners of, or persons in senior management positions with, the bidding firm (collectively, the BIDDER) has any relatives and/or immediate family members who are currently employees, board members, consultants, or engage in any business or maintain any relationship with Franklin County, disclosure below is required. The Code of Ethics of the County of Franklin defines relative as "a spouse, parent, stepparent, sibling, step-sibling, sibling's spouse, child, step-child, uncle, aunt, nephew, niece, first cousin, or household member of a County officer or employee, and individuals having any of these relationships to the spouse of the officer or employee" and immediate family member as a "parent, sibling, child by blood, adoption or marriage, spouse, grandparent or grandchild". A

Additionally, disclosure of any actual or potential conflicts of interest that includes business relationships, gifts, or other ties that could influence decision-making is also required.

FOR COUNTY EMPLOYEES:

Name of County Employee Job Title Relationship to Bidder

FOR OTHERS WITH A RELATIONSHIP TO COUNTY:

Name of Individual Relationship to County Relationship to Bidder

FOR ANY OTHER RELATIONSHIP TO COUNTY OR AFFILIATE:

Name of Individual Company Relationship to Bidder

Check below if Bidder DOES NOT have any relationship with the County:

No disclosure is required.

Attach additional pages as required.

BID FORM BF-6

ADDENDA ACKNOWLEDGMENT

The Bidder acknowledges receipt of the following addenda, if applicable:

Addendum Number

Date Signature/Print Name

Sign and return all addenda with your Bid.

BIDDER’S CERTIFICATION

In submitting this Bid, BIDDER represents, as more fully outlined in this Bid, that:

a. BIDDER acknowledges that they have read, understand, and agree to all aspects of the terms and specifications as presented without reservation or alteration.

b. When awarded, the bid package becomes the “Contract Document.”

c. The organization, its principals, and sub-recipients are not currently suspended or debarred from doing business with the Federal Government.

d. The Bid is made without any connection to, or in collaboration with, any person making another Bid for the same Contract, and that the Bid is in all respects fair and without collusion or fraud.

e. Bidder has implemented a written policy addressing sexual harassment prevention in the workplace and provide annual sexual harassment prevention training to all of its employees in accordance with New York State Labor law §201-g.

Vendor:___________________________________________________________________

Authorized…