PLAN_Electric Vehicle Charging as a Service - FINAL DRAFT.pdf

TOMPKINS COUNTY

GENERAL INSTRUCTIONS and CONDITIONS

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

Minority Business Enterprises (MBE)and Woman Owned Business Enterprise (WBE) entities are encouraged to submit bids.

Note: The following terms are used interchangeably: Consultant, Contractor, Respondent, Responder, and Bidder.

Additionally, the following terms may be used interchangeably: Contract and Agreement.

PROJECT IDENTIFICATION:

1. Title: Electric Vehicle Charging as a Service

2. Requesting Department: Tompkins County Department of Planning and Sustainability

3. Due Date/Time: 7/1/2024 at 2 PM ET

SPECIFICATIONS:

The County does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of proposals.

SUBMISSION of PROPOSALS:

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

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

2. Please add purchase@tompkins-co.org and contracts@tompkinscountyny.gov to your email address book to ensure timely notifications regarding the project(s) you have requested.

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

4. Tompkins 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.

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

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

http://www.tompkinscountyny.gov/purchase mailto:purchase@tompkins-co.org mailto:purchase@tompkins-co.org mailto:contracts@tompkinscountyny.gov

BACKGROUND

The Tompkins County Department of Planning and Sustainability (DPS) has coordinated with municipalities and institutions within Tompkins County to identify sites where electric vehicle (EV) charging is desired. Tompkins

County is working to establish a well-developed charging network to ensure confidence for local and visiting EV drivers. Currently, there is no fast charger available to non-Tesla drivers anywhere in the county. This RFP is open to both level 2 and level 3 EV charging solutions.

Tompkins County is located at the southern tip of Cayuga Lake and features many opportunities to enjoy both the natural beauty through outdoor recreation, but also the rich history and culture. The County is also home to three colleges and universities: Cornell University, Ithaca College, and Tompkins Cortland Community College. All in all, Tompkins County sees over 1.5 million visitors annually. With this amount of traffic, it’s important that we cater to EV drivers and build out our charging network.

PLEASE NOTE:

Tompkins County is facilitating and coordinating this RFP process on behalf of the municipalities and institutions represented below. The County will not be signing an agreement for a county-wide contract. Instead, for the sites listed below, Responders may submit proposals for one, several or all the sites identified and each individual municipality and/ or institution will decide which Responder(s) best meets their needs and will contract directly with them.

For the review process, municipalities and institutions who have submitted a site that is selected by a Respondent, will have the opportunity to score those proposals and participate in any interviews.

PURPOSE OF REQUEST

Tompkins County is seeking proposals for Firms to install and operate Electric Vehicle Charging Stations at multiple locations via Electric Vehicle (EV) Charging as a Service Agreements.

PROGRAM OBJECTIVES

The Firm shall provide proposals for EV Charging as a Service (the “Services”) at all or select sites from the following list of properties (the "Sites”). Specific installation location(s) within the Sites have not been determined:

*Particularly interested in level 3 charging options.

Tompkins County EV Charging as a Service Possible Sites

Location Address or Tax Parcel Number Municipality/ Institution

Ithaca- Tompkins County

International Airport 1 Culligan Dr. Ithaca, NY 14850 Tompkins County

Freeville Clerks Office 5 Factory St. Freeville, NY 13068 Village of Freeville

Stewart Park Parking Lot 1 James L Gibbs Dr, Ithaca NY 14850 City of Ithaca

Cass Park Parking Lot 701 Taughannock Blvd, Ithaca NY 14850 City of Ithaca

Seneca Parking Garage 202 E. Seneca St, Ithaca NY 14850 City of Ithaca

Youth Bureau Parking Lot 1 James L Gibbs Dr, Ithaca NY 14850 City of Ithaca

Newman Municipal Golf Course 10 Pier Rd, Ithaca NY 14850 City of Ithaca

Ithaca Fire Department

Headquarters 310 W. Green St, Ithaca NY 14850 City of Ithaca

Town Hall 1830 Danby Rd, Ithaca NY 14850 Town of Danby

Brooktondale Community

Center 524 Valley Rd, Brooktondale NY 14817 Town of Caroline

Caroline Town Hall

2668 Slaterville Rd, Slaterville Springs

NY 14881 Town of Caroline

Town of Caroline Highway

Facilities

852/866 Valley Rd, Brooktondale NY

14817 Town of Caroline

Lansing Town Hall 29 Auburn Rd, Lansing NY 14882 Town of Lansing

Myers Park #1, Lansing, NY 14882 Town of Lansing

Town Hall 166 Main St, Newfield NY 14867 Town of Newfield

Tioga State Bank 183 Main St, Newfield NY 14867 Town of Newfield

Newfield Central School 247 Main St, Newfield NY 14867

Town of Newfield/ Newfield

Central School

Enfield Town Hall 168 Enfield Main Rd, Ithaca NY 14850 Town of Enfield

Enfield Highway Garage 475 Enfield Main Rd, Ithaca NY 14850 Town of Enfield

Enfield Park and Ride 169 Enfield Main Rd, Ithaca NY 14850 Town of Enfield

Tutelo Park Tax Parcel # 31.-4-6.1 Town of Ithaca

Eastern Heights Park

Tax Parcel # 57.-2-1.1 & Tax Parcel #

57.-2-1.2 Town of Ithaca

Grandview Park Tax Parcel # 58.2-39.70 Town of Ithaca

Saunders Park Tax Parcel # 44.-1-4.314 Town of Ithaca

Pew Trail Tax Parcel # 57.-1-11.13 Town of Ithaca

East Shore Park 1000 E Shore Dr, Ithaca NY 14850 Town of Ithaca

Montogomery Park Tax Parcel # 12.-6-2 Village of Dryden

Municipal Parking Lot* Tax Parcel # 15.-2-23 Village of Dryden

Scope of Services

The Services sought under this RFP are presented below. Firms should identify which of these services they will be offering under their proposal and explain which Services are not included in the proposal per site selected.

Additionally, Firms may refine the Services they offer and recommend additional Services.

• Provision of Electric Vehicle Supply Equipment (EVSE)1, for Level 2 and/or Level 3 chargers

• Operation and maintenance of EVSE including repairs if equipment malfunctions, is damaged or breaks.

• Installation and activation of all EVSE

• Provision of network services for EVSE including:

o Revenue collection capability o System monitoring o Customer service, including driver and operator support

• Access to station usage data by entity during and after the term of the agreement

• Explanation of insurance coverage

• Signage and markings approved by the Site Owner

• Site preparation/Make-Ready work: The Firm may propose to include site preparation including electrical service, concrete pads, bollards, and other site improvements.

• Assessment of site feasibility

• Reimbursement of electricity costs to the Site Owner

• Community outreach and marketing activities

• Profit sharing with the site owner

• Agreement term and expiration:

o The Firm may provide alternate contract term proposals consistent with its business model that may differ from those defined in this RFP.

o Ownership: The Firm’s proposal may allow for the Entity to purchase or take ownership of the equipment at the end of the term.

1 Electric vehicle supply equipment (EVSE) supplies electricity to an electric vehicle (EV). EVSE systems include the electrical conductors, related equipment, software, and communications protocols that deliver energy efficiently and safely to the vehicle.

SUBMITTAL REQUIREMENTS

In order to conduct a uniform and fair review of all proposals, proposals must be submitted in the format set forth below. Failure to follow this format may be cause for rejection of the proposal:

SECTION I

Title Page: Indicate the RFP number, closing date and time, Firm’s name, address, telephone, and email of the company. The Firm must also clearly identify the name(s) of the contact person responsible for inquiries regarding the RFP submission and the person responsible for binding the company contractually. Along with the names of these individuals, Responder must provide a phone number and email address for each.

Table of Contents- The Table of Contents must indicate the material included in the proposal by section and page number.

SECTION II: QUALIFICATIONS AND EXPERIENCE

Each Responder shall:

• Provide the history of their company;

• Describe their professional qualifications;

• Describe their demonstrated capabilities with similar projects, including demonstrated ability to work effectively with other service and system providers (e.g., municipal governments and institutions);

• Provide their history of regulatory compliance, fiscal solvency and budget performance; and contract compliance;

• Describe their management structure and ability to support projects of this scope;

• Describe familiarity with Federal and New York State grants and NYSEG rebate programs, including Inflation

Reduction Act Tax Credits, the NYSDEC Zero Emission Vehicle Infrastructure Grant Program, NYSEG Make-

Ready and the NYSERDA Charge-Ready Program;

• Identify all personnel (including subcontractors) assigned to the project (attach resumes);

• Provide a minimum of three (3) references, excluding Tompkins County, partnering municipalities and institutions listed in this proposal, for similar projects completed. Include contact name, telephone number, date of contract, dollar value of contract and brief description of the program. Specific emphasis should be placed on similar work performed in the last five years.

SECTION III: PROPOSED PLAN

In a narrative format, describe in detail what sites the Responder is selecting, proposed scope of services at each site, and how those services will be structured. Include any other additional services, enhancements and/or options that will be provided to the municipalities and institutions associated with the Sites included in the proposal.

• Explain what steps will be necessary including site preparation, permitting, etc. to implement services.

• Describe what information will be provided to the municipalities and institutions associated with the Sites included in the proposal to effectively capture data about site usage, and frequency of reporting.

o Attach samples of all reports to be used.

• Describe the full cost to the property owner to own or host the EVSE on the site, including networking fees per site selected depending on which model being provided,

• Clearly state if the price in the proposal is dependent on all sites being selected, a subset being selected, or each site being priced individually,

• Provide realistic revenue and costs for each site selected. Describe who will own the equipment.

• Include cut sheets for all proposed equipment and software the firm is intending to employ.

• Include any additional services or information that could be seen as beneficial to this proposal that the evaluation committee should consider.

• Proposed timeline for construction and operation for each of the sites selected.

SECTION IV: RETURN DOCUMENTS

Complete and sign all Return Sheets as indicated at the end of this RFP document.

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 funding 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.: Required forms not completed; and/or not meeting proposal submission deadline 07/01/2024 2 PM ET, etc.

• Activities specifically not allowed by Federal, State, or local laws.

Individual entities (i.e., Tompkins County, partnering municipalities, and partnering institutions) will review and score proposals based on the criteria noted below. It is the intent of each of the entities to notify program operators of decisions on or before 07/31/2024; however, each municipality’s or institution’s timeline may be different.

SELECTION CRITERIA

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

The submitted proposals will be evaluated based on the following criteria:

• OVERALL PLAN TO PROVIDE SERVICES (65 points)

• Completeness of the Firm’s proposed plan to provide services as described.

• Demonstrated capability of the Responder to satisfactorily meet not only the requirements outlined in this document but all necessary phases of the program.

• Timeline to accomplish all required tasks.

• Identification of Sites proposed to be served.

• Cost of proposal if all Sites proposed for services are contracted.

• Cost of proposal if fewer than all Sites proposed for services are contracted.

• Reasonableness of fees and budget.

• Reasonableness of optional fees.

• Revenue sharing profitability.

• Cost to site owner for ownership option

• Services offered to site owner

• Services offered to customers

• QUALIFICATIONS AND EXPERIENCE (30 points)

• Responder’s experience with projects of similar size and scope

• Personnel qualifications and experience

• Responder’s business history and viability

• Familiarity with NYS grants and utility rebate programs

• References

• LOCAL ECONOMIC DEVELOPMENT (5 points)

• Firms/primary subcontractors with offices located within Tompkins County will receive five points.

• Firms/primary subcontractors with offices located within a contiguous county to Tompkins County will receive three points.

• Firms/primary subcontractors with offices located elsewhere within New York State will receive one point.

TIMELINE

Action Item

Date

RFP Issue

05/29/2024

Deadline for Questions 06/24/2024

Completed Proposal Due 07/01/2024 by 2 PM ET

**Award Notification (anticipated) 07/31/2024

**Final contract amounts are contingent upon individual entities listed in this RFP.

SUBMISSION DEADLINE:

The deadline for submission of proposals is July 1, 2024 @ 2 PM ET.

SPECIFICATION CLARIFICATION:

Clarification to the specifications must be submitted, via BidNetDirect, no later than seven (7) days prior to the bid/rfp due date before 5 PM on June 24, 2024. Answers to questions will be posted on BidNetDirect as they are available.

DISQUALIFICATION:

1. The County reserves the right to refuse to issue a Contract to a prospective vendor should such vendor 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) Contractor’s default under previous contracts with the County.

(c) Contractor’s unsatisfactory work on previous contracts with the County.

2. Responses received from Contractors 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 Contractor 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 Contractor is already obligated for the performance of other work which would delay the commencement, performance or completion of the work if the Contractor is not able to demonstrate the ability to fulfill the requirements of the proposal in a manner agreed upon by the County and the Contractor.

3. Tompkins County reserves the right to reject any proposal if the information submitted by, or investigation of, such Contractor fails to satisfy the County that such Contractor 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 Respondent who submits the proposal that proves to be in the best interest of the County. The County has the sole discretion and reserves the right to cancel this request, reject any/all responses, 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 the Contract has been fully executed by both parties.

Contract Extension:

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

Contract Award:

The Contract award, if any, will be made on or before July 31, 2024. The Contract shall be awarded to the

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

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

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 as a result of the Contract termination.

Indemnification, Hold Harmless, and Insurance:

• The successful bidder shall release, waive, indemnify, hold harmless, and defend the County and its officers, employees, agents and elected officials from and against any and all claims, demands, actions, causes of action, suits, or judgements, including but not limited to, losses, costs, expenses, penalties, or other damages or liability brought against the County and its officers, employees, agents and elected officials for injury, illness, or death to any person or persons or damage to property arising out of the performance of this Agreement by the successful bidder, its employees, subcontractors or agents with the exception of actions and claims arising out of the negligence of the County. The indemnification will survive the term of this Agreement whether it is terminated or expired. The successful bidder shall maintain the minimum limits of insurance as outlined by this

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

• The successful Bidder will be required to procure and maintain, at its own expense, the minimum limits of insurance as described in or as required by law, whichever is greater.

• No work shall be commenced under the Contract until the successful Bidder 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 Bidder shall promptly obtain a new policy and submit proof of insurance of the same to the County for approval. Upon failure of the successful Bidder 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 Bidder to procure and maintain any required insurance, shall not relieve the successful Bidder from any liability under the Contract, nor shall the insurance requirements be construed to conflict with the obligations of the successful Bidder 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.

Workforce Diversity and Inclusion:

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

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

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

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

D. Awareness, understanding and education regarding diversity issues;

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

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

State and Federal Courts within Tompkins County, New York. Any such Agreement is binding on all successors, heirs, executors, administrators, representatives, and assigns of all the Bidder/Contractor.

The successful bidder 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 Contractor’s proposal.

Remedy for Breach:

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

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.

New York State Sexual Harassment Legislation:

By submitting a response to this solicitation, the Bidder hereby represents that they comply with the New York State

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

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

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

In the event that New York State Labor Law at Article 9, Sections 230-239-A are applicable under the agreement and/or scopes of work, the statute requires that contractors and subcontractors pay the prevailing rate of wage and supplements (fringe benefits) to all workers under a public work contract and follow other requirements.

Employers must pay the prevailing wage rate set for the locality where the work is performed. Prevailing wage is the pay rate set by law for work on public work projects. This applies to all laborers, workers or mechanics employed under a public work contract. Every contractor and subcontractor must keep and provide certified original payrolls or transcripts subscribed and affirmed as true under penalty of perjury. These must be made available to the COUNTY at its request. Payrolls must be maintained for at least three (3) years from the projects date of completion. Additionally, as per Article 6 of the Labor Law, contractors and subcontractors are required to establish, maintain, and preserve for not less than six (6) years, contemporaneous, true, and accurate payroll records. At a minimum, payrolls must show the following information for each person employed on a public work project: Name; Address, Last 4 Digits of Social Security number, Classification(s) in which the worker was employed, Hourly wage rate(s) paid, Supplements paid or provided, and Daily and weekly number of hours worked in each classification. Payroll records and transcripts are required to be kept on site during all the time that work under that contract is being performed.

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

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

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

Contractors shall promptly notify the County if any employee, director, officer, or subcontractors is on or has been added to the exclusion list. The County reserves the right to immediately cancel an Agreement, at no penalty to the

County, if any employee, director, officer, or subcontractors is on or has been added to the exclusion list.

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

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

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:

www.tompkinscountyny.gov/purchase 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 Public Information Policy.

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

• The County reserves the right to cancel the Contract without cause with a minimum of thirty (30) days written notice. Termination or cancellation of the Contract will not relieve the Respondent of any obligations or liabilities resulting from any acts committed by the Respondent prior to the termination of the Contract. The

Respondent may cancel the Contract with one hundred-twenty (120) days written notice.

Submission of Proposals:

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

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

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

State Commission for Human Rights of such failure or refusal.

• 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 placed by or on behalf of the

Contractor, that all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color or national origin.

• The Contractor will comply with the provisions of Sections 291-299 of the Executive Law and the Civil Rights

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

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

ANTI-DISCRIMINATION CLAUSE continued…

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

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

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

GENERAL CONDITIONS ACCEPTED BY:

Firm:________________________________

By:__________________________________

Date:________________________________

Title:________________________________

COUNTY OF TOMPKINS

GENERAL CONDITIONS

BIDDER’S STATEMENT ON SEXUAL HARASSMENT

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

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

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

By submission of this bid, each Bidder and each person signing on behalf of any Bidder certifies, and in the case of a joint bid each party thereto certifies as to its own organization, under penalty of perjury, that the Bidder has and has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees. Such policy shall, at a minimum, meet the requirements of Section 201-g of the Labor Law.

______________County, New York

Dated: _____________, 20______

Name of Bidder

Signature of Authorized Official

Printed or Typed Name of Official and Title

Sworn to before me this

________ day of ____________, Attachment A - Contractor’s Representation - Livable Wage Policy

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

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

The Current Living Wage: The Living Wage in Tompkins County is computed by the Alternatives Federal Credit

Union. Living wage without employer-provided health insurance is currently $18.45 per hour. Prospective contractors providing health insurance for employees may qualify for a lower Living Wage if the amount that employees are required to pay for that coverage is less than $0.75/hour. The rate will be adjusted again in 2025.

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

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

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

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

Excluded Employees are:

• Employees under the age of 18

• Seasonal or temporary employees (90 days or less)

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

• Those employed in a sheltered or supported work environment

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

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

• Volunteers

• Employees participating in mandated welfare-to-work programs

• Employees paid pursuant to a collective bargaining agreement

Contractor’s Living Wage Representation

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

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

Yes No

3. If the answer is “No”, approximately how many covered employees will NOT be paid at the living wage?

Full-time__________ Part-time_____________

Contractor Name:____________________________________________________________________

If you answered “Yes” to the Living Wage Representation and are awarded the County Contract, you will be expected to maintain all employees directly involved in the provision of services under this Contract at or above the living wage as of the time of execution of the Contract for the duration of the Contract.

If you answered “No,” your response will be among the considerations applied by the County in making its Contract award. As a part of Contract negotiations, the County may request additional information from you regarding the basis of this response.

Attachment B Insurance Requirements

Contractor/Subcontractor shall indemnify, hold harmless and defend Tompkins County and its officers, employees, agents and elected officials from and against any and all claims and actions brought against Tompkins County and its officers, employees, agents and elected officials for injury, illness, or death to any person or persons or damage to property arising out of the performance of this Agreement by the Contractor, its employees, subcontractors or agents except all actions and claims arising out of the negligence of Tompkins County. The Contractor/Subcontractor shall maintain the following minimum limits of insurance or as required by law, whichever is greater.

A.) Workers’ Compensation and New York Disability

Workers’ Compensation

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

Section 125, Contractor must submit one of the following:

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

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

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

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

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

$1,000,000

Disability Benefits Requirements

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

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

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

Benefits Coverage, OR

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

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

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

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

Each Occurrence $1,000,000

General Aggregate $2,000,000

Products/Completed Operations Aggregate $2,000,000

Personal and Advertising Injury $1,000,000

Damage to Rented Premises $50,000

Me…