Physician Medical Director RFP FINAL DRAFT.pdf

TOMPKINS COUNTY

REQUEST FOR PROPOSALS

RFP # SD-0000000133-RFP

FOR

PHYSICIAN/MEDICAL DIRECTOR

RFP RELEASE DATE: July 14, 2026

DEADLINE FOR QUESTIONS: August 7, 2026 BEFORE 5:00 pm

PROPOSALS DUE: August 14, 2026 BEFORE 2:00 pm

Introduction

Important Notice

Responses submitted to any RFP (a list of defined terms appears below) become the property of the County and are subject to the County's Policy and Public Access to Records. Any confidential information, such as a Proposer's financial status, if required by the specifications, shall be uploaded as a separate file with the word

“CONFIDENTIAL” in the file name.

Minority Business Enterprises (MBEs), Women Business Enterprises (WBEs), Disadvantaged Business Enterprises

(DBEs), Airport Concessions Disadvantaged Business Enterprises (ACDBEs), Veteran Business Enterprises

(VBEs), Service-Disabled Veteran-Owned Businesses (SDVOBs), Small Business Enterprises (SBEs), and Majority

Minority Lead Businesses, as applicable, are encouraged to respond.

Purpose

The primary purpose of this request is to secure a qualified Physician/Medical Director or agency to oversee, deliver, and manage comprehensive medical services for incarcerated individuals at the Tompkins County Sheriff’s

Office.

Background

Tompkins County is in the Southern Tier region of New York at the southern end of Cayuga Lake. The county is approximately 475 square miles and home to over 105,000 people. Tompkins County is home to Cornell University and Ithaca College.

The Physician/Medical Director shall provide comprehensive medical oversight and clinical services at the

Tompkins County Sheriff’s Office, Corrections Division.

Project Identification

Title: Physician/Medical Director

Requesting Department: Tompkins County Sheriff’s Office

Bid Due Date/Time: Friday, August 14, 2026 Before 2:00 pm

Timeline

Release Project Date: July 14, 2026

Question Submission Deadline: August 7, 2026, 5:00 pm

Response Submission Deadline: August 14, 2026, 2:00 pm

Term of Bid/Contract

The term of this contract begins January 1, 2027 to December 31, 2027.

Contract Extension

Option of (2) one-year extensions when both parties agree by written mutual consent.

Defined Terms

Capitalized terms used in this RFP shall have the meanings set forth below:

ACDBE: Airport Concession Disadvantaged Business Enterprise, as defined in applicable federal and/or state regulations and publications.

ADA: Americans with Disabilities Act.

Affiliate: Refers to an entity that directly or indirectly owns, operates, or controls a Proposer, or one that is directly or indirectly owned, operated, or controlled by a Proposer.

Agreement: The formal contract entered between the County and the selected Bidder, Proposer, or Respondent through the procurement process. The terms Contract and Agreement are used interchangeably in this RFP.

Bidder: A person or entity making a formal proposal in response to an RFP. The terms Bidder, Proposer, and

Respondent are used interchangeably in this RFP.

Compliance Program: The Tompkins County Compliance Program, which can be viewed at County Compliance

Program. A copy of the Compliance Program may also be obtained from the County Administration Department.

Contract: The formal contract entered between the County and the selected Bidder, Proposer, or Respondent through the procurement process. The terms Contract and Agreement are used interchangeably in this RFP.

County: Tompkins County, New York.

County Standard Terms: The standard contract terms used by the County in contracts it enters.

DBE: Disadvantaged Business Enterprise, as defined in applicable federal and/or state regulations and publications.

Livable Wage Attestation: The Tompkins County Livable Wage Attestation, to be provided on a form made available by the County as amended from time to time.

Major Stockholder: Refers to each owner of ten percent (10%) or more of the ownership interests in a Proposer, whether in the form of stock of a corporation, limited partnership interests or membership interests in an LLC or other form of legally recognized ownership interest.

MBE: Minority Business Enterprise, as defined in applicable federal and/or state regulations and publications.

M/WBE: Minority and/or Women-Owned Business Enterprise, as defined in applicable federal and/or state regulations and publications.

Principal: Refers to the owner of a Proposer that is a sole proprietorship, each partner of a general partnership that is a Proposer, each owner of ten percent (10%) or more of the ownership interests (in the form of stock of a corporation, limited partnership interests or membership interests in an LLC) of a Proposer, and the Proposer’s

Chief Executive, Chief Operating, and Chief Financial Officers.

Principal Owner: The Principal Owner(s) of a Proposer includes the owner of a sole proprietorship and each partner of a general partnership that is the Proposer and also includes Major Stockholders of the Proposer as defined herein.

Procurement Portal: Tompkins County website at: https://www.tompkinscountyny.gov/All-Departments/Finance-

Department/Purchasing-Division and selecting 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.

Proposer: A person or entity making a formal proposal in response to an RFP. The terms Bidder, Proposer, and

Purchasing Division: The Tompkins County Department of Finance, Purchasing Division.

Respondent: A person or entity making a formal proposal in response to an RFP. The terms Bidder, Proposer, and

RFP: Request for Proposals.

SBE: Small Business Enterprise, as defined in applicable federal and/or state regulations and publications.

SDVOB: Service-Disabled Veteran-Owned Business, as defined in applicable federal and/or state regulations and publications.

VBE: Veteran-Owned Business Enterprise, as defined in applicable federal and/or state regulations and

WBE: Women-Owned Business Enterprise, as defined in applicable federal and/or state regulations and

User: A person or entity that accesses the Procurement Portal via the internet.

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

Specifications

SCOPE OF WORK

1. Objective & Scope

The Contractor will serve as the designated Medical Director for the Tompkins County Sheriff’s Office. The

Contractor will provide comprehensive clinical oversight, administrative leadership, and direct patient care to individuals incarcerated within the facility. All operations must strictly align with the New York State

Commission of Correction (SCOC) Minimum Standards (Part 7010) and standard correctional health practices.

2. Minimum Qualifications (Pass/Fail)

The Contractor must maintain these credentials throughout the entire duration of the contract:

• NYS Licensure: An active, unrestricted license to practice medicine (MD or DO) in New York State.

• DEA Registration: Active federal DEA registration, including compliance with NYS prescription monitoring programs.

• Background Clearance: Successful completion of a criminal background check and fingerprinting conducted by the County Sheriff's Office.

• Malpractice Insurance: Professional liability insurance covering correctional medicine with minimum limits of $1,000,000 per occurrence and $3,000,000 in annual aggregate.

3. Duties and Responsibilities

Clinical Oversight & Direct Patient Care

• Clinicals: Conduct regularly scheduled, on-site sick calls, physical examinations, and chronic care clinics for the incarcerated population.

• Intake Reviews: Review and sign off on medical intake screenings and 14-day health appraisals as mandated by NYS SCOC Part 7010.

• MAT Program: Serve as the clinical lead for the jail’s Medication-Assisted Treatment (MAT) program for Opioid Use Disorder, including prescribing, monitoring, and protocol adjustments.

• Mental Health Coordination: Collaborate closely with the jail's mental health staff to coordinate care for suicide prevention, crisis intervention, and psychotropic medication management.

Administrative Leadership & Supervision

• Nursing Supervision: Supervise county-employed nursing staff (RNs and LPNs). This includes establishing, reviewing, and signing annual collaborative practice agreements and standing medical orders.

• Formulary Control: Establish, maintain, and enforce a cost-effective facility medication formulary to optimize pharmacy expenditures without compromising care.

• Utilization Management: Review and approve or deny all requests for off-site specialist referrals, non-emergency diagnostic imaging, and non-emergency hospital transfers to ensure cost containment.

SCOC Compliance, Audits, & Quality Assurance

• Quality Assurance: Lead the jail’s Continuous Quality Improvement (CQI) program, conducting quarterly clinical audits and peer reviews.

• SCOC Audits: Attend and participate in all NYS Commission of Correction audits, Medical Review Board inquiries, and facility inspections.

• Mortality Reviews: Lead comprehensive clinical mortality reviews in the event of any inmate death, delivering a full report to the Jail Administrator and SCOC within required state timelines.

4. Governance and Regulatory Compliance

Statutory Framework & NYS Law Compliance

• SCOC Mandates: The Contractor shall ensure all medical policies, delivery of care, and patient charting strictly adhere to NYS SCOC Minimum Standards (7 NYCRR Part 7010).

• Public Health Law: Ensure clinical procedures comply with the New York State Public Health Law, specifically regarding communicable disease reporting (e.g., Tuberculosis, HIV, Hepatitis C, and emerging infectious outbreaks).

• HIPAA & Confidentiality: Maintain strict compliance with the Health Insurance Portability and

Accountability Act (HIPAA) and NYS mental health confidentiality laws (Mental Hygiene Law § 33.13), balancing patient privacy with necessary correctional security notifications.

Medical Records & Clinical Documentation

• Electronic Health Records (EHR): Legibly and accurately document all patient encounters, prescriptions, and clinical justifications in the facility’s EHR system within twenty-four (24) hours of care.

• Informed Consent & Refusals: Develop, review, and enforce standardized protocols for obtaining legally sound informed consents and documented patient clinical refusals.

Administrative Oversight & Policy Governance

• Policy Review: Review and re-authorize all medical operational policies, nursing procedures, and emergency medical protocols annually.

• Disciplinary & OPMC Tracking: The Contractor must immediately report any investigation, warning, or disciplinary action initiated against their medical license by the NYS Office of Professional Medical

Conduct (OPMC) to the County Sheriff.

5. Availability, Schedule, & Emergency Coverage

On-Site Hours

• The Contractor will dedicate a minimum of six (6) hours per week on-site at the jail facility.

• These six (6) hours must be distributed across at least two (2) separate days per week to ensure consistent clinical oversight.

• Administrative tasks, chart reviews, and face-to-face clinical care must be completed during these designated on-site hours.

24/7 On-Call Coverage

• The Contractor must be available via telephone, secure text, or video consultation twenty-four (24) hours a day, seven (7) days a week, three-hundred sixty-five (365) days a year for emergency clinical consultations from jail medical staff.

Back-up Coverage Plan

• The Contractor must provide a formalized, legally binding Back-up Coverage Agreement with a qualified, NYS-licensed peer physician.

• This backup provider will cover all 6 weekly on-site hours and 24/7 on-call duties during the Contractor’s scheduled vacations, illnesses, or professional absences.

• The backup provider must clear the Sheriff's Office background check prior to providing care.

6. Reporting & Legal Expectations

• Sheriff Collaboration: Meet with the Jail Administrator and the County Sheriff (or designee) to review medical operations, facility statistics, and operational hurdles.

• Legal Support: Provide expert clinical consultation, formal depositions, and court testimony in defense of any civil rights litigation (§ 1983 claims) or medical malpractice lawsuits brought against the county or the jail medical unit.

PROGRAM OBJECTIVES

The core program objectives for the Physician/Medical Director are to focus on clinical excellence, institutional safety, and legal compliance.

REQUIRED PROGRAM PARAMETERS

• Licensed physician (M.D. or D.O.) in good standing in New York State.

• Board certification in Family Medicine, Internal Medicine, Emergency Medicine, or Correctional Health

(or board-eligible with commitment to obtain certification within 24 months).

• At least five (5) years of professional corrections healthcare experience, including significant experience in a jail or prison setting.

• Demonstrated knowledge of jail healthcare operations, standards of care, and legal obligations for incarcerated populations.

• Current DEA registration; buprenorphine waiver/x-credential as applicable to MOUD.

• Ability to pass background and security clearances required by TCSO.

• On-Site Clinics: Minimum on-site hours of 6 hours per week across no less than two days per week;

conduct sick call, chronic care, intake screenings, and urgent evaluations.

• Medical Direction: Serve as Medical Director; develop and approve standing orders, protocols, and clinical pathways; oversee quality assurance/continuous quality improvement (QA/CQI); chair or participate in the

Facility’s medical/QA committee.

• On-Call Coverage: twenty-four hours a day, 365 days per year. If unavailable, they shall arrange a substitute physician or physician’s assistant at their expense.

• Intake, Screening, and Assessment: Ensure timely intake health screenings and comprehensive health assessments.

• Chronic Care: Manage chronic conditions per evidence-based guidelines (e.g., hypertension, diabetes, asthma, HIV, HCV) with appropriate labs and follow-up.

• Medication Management: Prescribe, review, and monitor medications; support safe medication administration; coordinate formulary management and pharmacy services.

• MAT/OUD Services: Provide, or coordinate, medication for opioid use disorder (MOUD/MAT) consistent with applicable New York State requirements and best practices.

• Emergency Care: Establish and maintain emergency response protocols; determine need for EMS/hospital transfers.

• Specialty & Hospital Coordination: Arrange and coordinate off-site specialty referrals and inpatient care;

manage discharge planning and continuity of care.

• Infection Control & Public Health Reporting: Implement infection control practices; comply with communicable disease reporting requirements.

• Documentation & EHR: Complete timely, legible documentation in the facility’s health record/EHR and maintain medical confidentiality (HIPAA and applicable NY privacy laws).

• Training: Provide annual training to custody and medical staff on relevant health topics, emergency response, and TCSO/County policies.

• Policy & Procedure: Maintain and update medical policies consistent with NYS SCOC Minimum

Standards and County requirements.

• Mortality & Sentinel Event Reviews: Participate in mortality reviews, sentinel event analyses, and corrective action planning.

• Reporting: Provide monthly reports on clinic volumes, chronic care, off-site utilization, incident tracking, QA metrics, and grievances.

• Collaboration: Work closely with nursing, mental health, dental, custody, administration, and community partners.

FOCUS POPULATIONS

Incarcerated individuals housed at the Tompkins County Sheriff’s Office, Corrections Division.

SELECTION CRITERIA

Proposals meeting the minimum RFP requirements will be evaluated based on, but not limited to, the following criteria.

Same as Required Program Parameters and best fiscally responsible choice.

PROPOSAL EVALUATION

Criteria Category Max

Points Specific Evaluation Factors for an Individual Practitioner

1. Individual

Credentials & Clinical

Fit

NYS Licensure: Active, unencumbered NYS MD/DO license with clean

OPMC (Office of Professional Medical Conduct) history.

Relevant Board Certification: Board-certified in Family, Internal, Emergency, or Addiction Medicine.

DEA & Buprenorphine: Active DEA registration and explicit experience prescribing/managing MAT protocols (Suboxone/Methadone/Vivitrol).

2. Jail Operations &

NYS SCOC Knowledge

Direct Jail Experience: Track record of personally working inside a New York jail, understanding SCOC Part 7010 mandates.

Nursing Supervision: Proven ability to command respect, write clear standing orders, and supervise county-employed RNs/LPNs.

Formulary & Off-site Management: Demonstrated ability to independently review pharmacy costs and vet emergency room transfers to save county tax dollars.

Coroners & Audits: Comfort with representing the medical unit during mandatory SCOC medical review board audits or mortality reviews.

3. Availability &

Coverage Reliability

On-Site Hours: Commitment to a predictable, fixed schedule of weekly on-site hours for sick calls and chart reviews.

24/7 Call Plan: A realistic, professional plan for answering middle-of-the-night emergency calls from jail staff.

Back-up Coverage: A formalized, legally binding agreement with a local peer doctor to cover the jail during vacations or illnesses.

Other Commitments: Minimal outside private practice or hospital duties that would conflict with jail emergencies.

4. Hourly Rate or Flat

Retention Fee

Rate Clearness: An all-inclusive flat monthly retainer or a transparent hourly rate for administrative vs. clinical work.

Court/Legal Time: Reasonable, pre-defined rates for mandatory depositions, SCOC hearings, or civil rights litigation defense.

Overhead Insurance: Inclusion of their own malpractice insurance ($1M/$3M limits) tailored specifically for correctional medicine.

5. Personal References

& Fit with Sheriff

Jail References: Strong professional references from former County Sheriffs, Jail Superintendents, or County Public Health Directors.

Temperament: Demonstrated ability to work within a strict security environment where custody/safety priorities sometimes clash with clinical desires.

TOTAL _______________________________________

Instructions to Proposers

Qualifications

All proposers shall complete all supplied forms and answer all questions included as part of this RFP.

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

RFP Documents

Complete sets of RFP documents must be used in preparing proposals. The County does not assume responsibility for errors or misinterpretations resulting from the use of incomplete sets of proposals. An updated and complete set of RFP documents can be obtained from the Tompkins County, NY Procurement Portal. No other source, written or otherwise, is considered official and responses based on information obtained from sources other than the

Procurement Portal may not be complete.

Specification Clarifications

Requests for Clarification, Inquiries, Questions to the specifications must be submitted through Bidnet Direct before 5:00 pm on Friday, August 7, 2026. Answers to questions will be publicly posted on Bidnet Direct once available.

Submission Deadline

The deadline for submission of proposals is Friday, August 14, 2026 before 2:00 pm.

Addenda

Any addendum issued as a result of any change to this RFP as originally posted shall become a part of the RFP and all shall be acknowledged by a Proposer as part of their submittal or an individual proposal may be deemed non-responsive. At the time an individual addendum is released, all Bidnet Direct users following this RFP will be automatically emailed a notification regarding such addendum. It shall be the Vendor's responsibility to check for any addenda issued as part of this RFP. All addenda issued as part of this RFP will be posted on Bidnet Direct.

Submission of Proposals

Proposals and any other required documents shall be submitted online through the Tompkins County, NY

Procurement Portal. Please allow ample time to upload and complete your submission prior to the deadline.

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

(preferred), purchase@tompkins-co.org, by telephone, (607) 274-5500, or in person at 125 East Court Street, Ithaca, New York 14850 for further instructions. Please add purchase@tompkins-co.org to your email address book to ensure timely notifications regarding the project(s) you have requested.

Proposals shall be submitted no later than the date and time indicated in the Timeline for this RFP.

The County reserves the right to reject any or all proposals in whole or in part, to waive any and all informalities, and to disregard all non-conforming, non-responsive or conditional proposals to make the award in a manner deemed to be in the best interest of the County, and to correct any award erroneously made as the result of a clerical error on the part of the County.

*NOTE: If you experience difficulty submitting your proposal, contact the Purchasing Division via email

(preferred), purchase@tompkins-co.org or by telephone, (607) 274-5500, or in person at 125 East Court Street, Ithaca, New York 14850. If you do not receive a response from the Purchasing Division, you may contact the

Finance Team (607) 274-5544.

Submission Instructions

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

Proposers shall read all documents contained in this specification package and complete all sections and attachments. Failure to do so does not excuse proposer from abiding by all instructions, terms or conditions.

Responses shall be submitted through the Tompkins County, NY Procurement Portal and in the format indicated in the specifications no later than the date and time indicated.

Proposers must submit their questions regarding any portion of the specifications by posting them on the Q&A tab found in the solicitation on Bidnet Direct before 5:00 pm on Friday, August 7, 2026. 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

Proposer’s responsibility to ascertain whether any addenda have been issued prior to submitting their proposal.

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

All responses submitted become the property of the County and are subject to the County's Policy on Public Access to Records.

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 Proposer in preparing and submitting their response or any cost incurred prior to the execution of a Contract.

Proposal Modifications

If a Proposer wishes to amend a proposal after submittal but prior to the deadline for submittal they may temporarily withdraw their proposal. Proposers shall submit their modified proposal again prior to the deadline for submittal of proposals or their proposal will not be considered for evaluation. Proposals not in "Submitted" status will not be given consideration by the County for evaluation and award.

Withdrawal of Proposals

A Proposer may withdraw their proposal at any point prior to the deadline for submittal and any proposal not in a

"Submitted" status as of the deadline shall not be considered.

Disqualification

1. The County reserves the right to refuse to issue a Contract to a Proposer should such Proposer 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 specifications as a requirement for responding.

b. Proposer’s default under previous contracts with the County.

c. Proposer’s unsatisfactory work on previous contracts with the County.

2. Responses received from Proposers 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 response may be rejected if the Proposer cannot show that it has the necessary ability, plant and equipment to commence the work at the time prescribed and thereafter to perform and complete the work at the rate or time specified. A response may be rejected if the Proposer is already obligated for the performance of other work which would delay the commencement, performance or completion of the work if the Proposer is not able to demonstrate the ability to fulfill the requirements of the proposal in a manner agreed upon by the County and the Proposer.

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

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

a. If there are unauthorized additions, conditional or alternate pay items, or irregularities of any kind which make the proposal incomplete, indefinite, or otherwise ambiguous.

The County reserves the right to award the Contract to the Proposer 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, award in part or in whole, to waive any/all informalities and/or irregularities if it is deemed to be in the best interest of the County to do so. A notice of Contract award shall not be binding upon the County until a valid and enforceable contract has been fully executed by both parties.

Contract Award

The Contract award, if any, will be made by Monday August 31, 2026. The Contract shall be awarded to the

Respondent(s) who submit the proposal that proves to be in the best interest of the County.

The resulting Contract will incorporate the County Standard Terms, this RFP, any addendum, and Proposer's response thereto, all additional agreements and stipulations, and the results of any final negotiations. The terms and conditions as contained in the Contract for services shall take precedence over any conflicting terms.

Non-Collusive Bidding Certificate

A signed Non-Collusion Bidding Certificate must be submitted with each proposal on the form provided by the

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.

Deviations

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

New York State Sexual Harassment Legislation

By submitting a response to this RFP, the Proposer hereby represents that it complies with all federal and New York state laws and regulations prohibiting sexual harassment in the workplace including, without limitation, 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.

Living Wage:

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

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

Regulatory Compliance

The Proposer 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 Proposer under this

Contract, the Proposer 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, Proposer 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.

If New York State Labor Law at Articles 8 and/or 9 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 the New York

Department of Labor 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 the contract is being performed.

Proposers that are providers of healthcare services must certify that the Proposer, and all employees, directors, officers, and subcontractors of the Proposer, are not “excluded individuals or entities” under federal and/or New

York state statues, rules, and regulations.

The Proposer shall promptly notify the County if any employee, director, officer, or 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 an RFP, you are attesting to the fact that you and/or the provider that you represent have not been sanctioned nor excluded by any of the aforementioned entities.

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

Proposal Evaluation

To be reviewed, a proposal must be complete and must comply with all requirements of this RFP. A proposal may be excluded from consideration for any of the following reasons:

• Goals or outcomes that are not in accordance with objectives of this program

• Did not follow RFP guidelines, i.e.: More than 30 total pages; and/or forms not completed; and/or not meeting proposal submission deadline date and time.

• Activities specifically not allowed by federal, state, or local laws

• History of contract non-compliance or poor past or current contract performance

• Training site and facilities not in full compliance with the ADA and comparable state and local laws.

Standard Terms & Conditions

Term of Contract

Contract period shall be from January 1, 2027 to December 31, 2027.

Contract Extensions

The County agrees, under the General Municipal Law 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.

Contract may be extended: Option of (2) one-year extensions when both parties agree by written mutual consent.

Payment Terms

Payment terms to be negotiated. Interest penalties to the County will not be allowed. Tompkins County is not subject to federal, state, or local taxes.

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 because of the contract termination.

Indemnification, Hold Harmless, and Insurance

The successful Proposer 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 the Contract by the successful Proposer, 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 the Contract whether it is terminated or expired. The successful proposer shall maintain, at its expense, the minimum limits of insurance as outlined by this Agreement in

Attachment B or as required by law, whichever is greater.

No work shall be commenced under the Contract until the successful Proposer has delivered to the County proof of issuance of all policies of insurance required by the Contract. If at any time, any of said policies shall expire or become unsatisfactory to the County, the successful Proposer shall promptly obtain a new policy and submit proof of insurance of the same to the County for approval. Upon failure of the successful Proposer to furnish, deliver and maintain such insurance as above provided, the Contract may, at the election of the County, be forthwith declared suspended, discontinued or terminated. Failure of the successful Proposer to procure and maintain any required insurance, shall not relieve the successful Proposer from any liability under the Contract, nor shall the insurance requirements be construed to conflict with the obligations of the successful Proposer concerning indemnification.

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.

M/WBEs, DBEs and other Underrepresented Businesses

The County is committed to inclusion in our procurement processes and to support underrepresented businesses.

MBEs, WBEs, SDVOBs, and other Disadvantaged Business Enterprises (if applicable to this procurement) are encouraged to complete the Business Demographic Survey within this RFP.

Workforce Diversity and Inclusion

The County is committed to promoting and sustaining 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 promote and sustain 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.

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

All Respondents must comply with the Workforce Diversity and Inclusion terms and conditions as well as sign an Anti-discrimination Certificate. 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 any Contract that results from this solicitation without the express written consent of the County.

Governing Law

Any resulting Agreement and any controversies arising hereunder, shall be interpreted, governed, and construed under the laws of the State of New York. The Proposer consents to the exclusive jurisdiction of, and venue in, the state courts within Tompkins County, New York or the United States District Court for the Northern District of New

York if federal jurisdiction is sought. Any such Agreement is binding on all successors, heirs, executors, administrators, representatives, and assigns of all the Proposer.

The successful Proposer is responsible for complying with all current labor rates and regulations throughout the duration of any contract resulting from this solicitation.

Interpretation

In the event of any discrepancy, disagreement or ambiguity among the documents which comprise this RFP, and/or, the Agreement (between the County and the successful Proposer) and its incorporated documents, the documents shall be given preference in the following order to interpret and to resolve such discrepancy, disagreement or ambiguity: 1) the Agreement; 2) the RFP; 3) the proposal.

Remedy for Breach

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

County of Tompkins shall be brought in the Supreme Court of Tompkins County or the United States District Court for the Northern District of New York if federal jurisdiction is sought.

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

Tompkins County

Request for Proposal – 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 and complete all sections and attachments. 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 by the date provided. Answers will be provided no later than five (5) days prior to the Proposal due date.

• The County reserves the right to amend the specifications prior to the due date by written “Addenda”. It is the

Respondent’s responsibility to ascertain whether any Addenda have been issued prior to submitting their proposal.

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

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

‘Open Solicitations’.

• 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 the County’s Policy on Public

Access to Records.

• 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.

Submission of Proposals:

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

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

3. Tompkins County reserves the right to reject any or all bids/proposals in whole or in part, to waive any and all informalities, and to disregard all non-conforming, non-responsive or conditional bids/proposals to make the award in a manner deemed to be in the best interest of the County, and to correct any award erroneously made as the result of a clerical error on the part of the County.

Online Bid Submission Instructions:

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

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

‘Open Solicitations’. This will take you to Bidnet Direct where the 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.

mailto:purchase@tompkins-co.org

COUNTY OF TOMPKINS

GENERAL CONDITIONS

AFFIDAVIT OF NON-COLLUSION

NAME OF RESPONDER: PHONE NO.:

BUSINESS ADDRESS: EMAIL:

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

I further attest that:

1. The prices in this bid/proposal have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition with any other Contractor, Responder or potential Bidder; and

2. Neither the price(s), nor the amount of this bid/proposal, have been disclosed to any other firm or person who is a Responder or potential Responder on this project, and will not be so disclosed prior to bid/proposal opening; and

3. No attempt has been made or will be made to solicit, cause, or induce any company or person to refrain from responding to this RFP, or to submit a bid/proposal higher than the proposal of this company, or any intentionally high or non-competitive bid/proposal or other complementary proposal; and

4. The bid/proposal of my company 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 proposal; and

5. My company has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any other company or person, offeror, promised or paid cash of anything of any value to any company or person, whether in connection with this or any other project, in consideration for an agreement or promise by a company or person to refrain from responding to this RFP or to submit a complementary bid/proposal on this project; and

6. My company has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any company or person, and has not been promised or paid cash or anything of value by and company or person, whether in connection with this or any project, in consideration for my company submitting a complementary bid/proposal or agreeing to do so on this project; and have made a diligent inquiry of all members, officers, employees, and agents of my company with responsibilities relating to the preparation, approval or submission of my company’s proposal 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 statements and representations made in this affidavit.

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

The person signing this proposal, under the penalties of perjury, affirms the truth thereof.

Signature & Company Position:

Print Name & Company Position:

Company Name:

Date Signed:

ANTI-DISCRIMINATION CLAUSE

During the performance of this Contract, (the Contractor) hereby agrees as follows:

• 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.

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

State Commission for Human Rights of such failure or refusal.

• 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.

• The Contractor will state, in all solicitations or advertisements for employees…