RFB-WC-25220 CLEANING SOLUTIONS -DOC 9-4-25.pdf

Return Bid To:

COUNTY OF WESTCHESTER

BUREAU OF PURCHASE AND SUPPLIES

148 MARTINE AVENUE, ROOM 713, WHITE PLAINS, N.Y. 10601

TELEPHONE (914) 231-1872

TITLE: CLEANING SOLUTIONS – DOC BID NUMBER: RFB-WC-25220

Submission must be sealed with vendor name, BID DUE BEFORE 2 PM ON: 9/4/2025 bid number and due date on outside of envelope. Emailed & Faxed Bids Are Not Permitted Bureau of Purchase and Supplies contact and telephone number LADIA MONTALVO 914-231-1174

REQUEST FOR BID

COMPANY NAME: _________________________________________________________________________________ (Print or Type)

FEDERAL TAX ID NUMBER: __________________Mailing Address: ______________________________________ (PO Box, if applicable)

PHYSICAL ADDRESS: ______________________________________________________________________________ (Required)

SIGNATURE PRINTED NAME PRINTED TITLE

DATE SIGNED TELEPHONE NUMBER E-MAIL ADDRESS

COUNTY TERMS OF PAYMENT ARE 2% 10 NET 30. Bidder may offer alternate terms here:___________________

DISCOUNT AND ALTERNATE TERMS WILL NOT BE USED IN AWARD DETERMINATION

DELIVERY: Delivery is FOB Destination (See Section D1) and is requested ASAP after notice of award, receipt of purchase order, or authorized calls for delivery, unless otherwise specified.

Bidder’s guaranteed delivery is _____ days. Note: Delivery time may be a factor in determining the winning bidder.

The County reserves the right to reject any bids that propose a lengthy delivery schedule if the items are required promptly.

NO BIDDER MAY WITHDRAW HIS BID WITHIN 45 DAYS AFTER THE ACTUAL DATE OF THE OPENING THEREOF.

Completed bids will be accepted until the above date and time indicated and should be sent to the Bureau of Purchase and Supplies address shown. Bids will be publicly opened at that time and may be read aloud. Late bids will NOT be considered and failure to complete this bid in its entirety may result in disqualification. By submitting a bid you are asking The County of Westchester to accept your offer for the sale of goods or services and you agree to all terms and conditions herein as well as understand the laws that govern Municipal Purchasing. Once the County has opened the bids, there can be no changes to price(s) or terms. In addition, there are no provisions to cancel after an award is made, except by the County, which maintains a unilateral right of cancellation.

IMPORTANT NOTICE: Copies of this bid may be downloaded from the Empire State Purchasing Group website at http://www.empirestatebidsystem.com the national BidNet website, or received from the office above. Copies obtained from any other source are not considered official documents and will be considered incomplete if missing addenda, if any, resulting in disqualification.

We strongly suggest you obtain/submit an official bid form.

Non-Bidder’s Response --We are not participating because: ___________________________________________________

Indicate if company submitting this bid is: _______ MBE and/or _______ WBE or _______ SDVOB

**Return this bid in its entirety and make a copy for your records**

GENERAL TERMS AND CONDITIONS

A. INFORMATION FOR BIDDERS

A1. Each bid must be in a separate sealed envelope and addressed to the County Purchasing Agent at the County of Westchester Bureau of Purchase and Supplies, 148 Martine Avenue, Room 713, White Plains, NY 10601 and shall have endorsed on the envelope the name and address of bidder, the date and time of Bid opening, and the Bureau of Purchase Bid number.

A2. In order to be valid, all bids must be properly signed and received by the Bureau by the time and date specified. It is recommended that proposals be submitted in advance to the specified due date and time to allow for a timely receipt. Late bids will not be considered.

A3. All bids must be priced per unit specified in the bid.

A4. All quotes should be for new equipment unless otherwise stated.

A5. Specifications contained herein are intended to be descriptive and not restrictive and to indicate the quality and the characteristics of the product that will be satisfactory. The use of a brand name, if listed, is for the purpose of describing the standard of quality, performance, and characteristics desired and are not intended to limit or restrict competition. Bids offering an equivalent will be considered if such product is clearly identified in the bid and are determined by the County of Westchester Purchasing Department to fully meet the salient characteristic requirements referenced in this inquiry. BPS will be the sole judge of the acceptability and may reject any bid for any reason including, but not limited to, Westchester County’s inability to determine that the item is an equivalent.

A6. Bidder shall note any deviation from specifications or the indicated brand clearly on the BPS bid form and submit circulars, specification sheets or samples with the bid as explanation. BPS reserves the right to accept equals when approved by the County, however, if exception is not noted on bid, the bidder is required to deliver brand specified. Only adding attachments to bid response is not acceptable.

A7. FUEL SURCHARGES: Westchester County will not pay any type of fuel surcharge on any items or contract. Any fuel surcharge added will be deleted from any payments made to vendor.

A8. SAMPLES: When required must be delivered prior to the bid opening and free of charge. Samples will be returned at bidder’s expense and bidder is required to arrange for pick up.

A9. Full consideration is given to items meeting specifications and made with recycled materials.

A10. The County encourages and supports significant participation by business enterprises that are service-disabled veteran-owned and minority and/or woman owned for County contracts and purchases. We encourage all certified MBE and WBE to register their business online with our Office of Economic Development at https://westchestercatalyst.com/ to receive additional benefits.

A11. Bidder must warrant that the goods shall be delivered free of the rightful claim of any third person by way of infringement of patents, trademarks or copyright and that Bidder will, at his expense, defend any claims charging such infringement and will save the County harmless from all expensed, adverse judgments or losses resulting from such claim. In the event that such a rightful claim is made the Bidder shall either 1) secure permission for the County to rightfully use the goods; or

2) replace the goods with equivalent goods free and clear from all rightful claims for infringement of patents, trademarks or copyright; or 3) refund to the County the full purchase price of the goods.

A12. Vendors protesting or disputing bid specifications must do so in writing during the bid opening period (prior to the due date) to be considered. Such protests must be in the possession of the Bureau of Purchase and Supplies three working days prior to the bid opening. Verbal protests may not be entertained.

A13. Should the vendor fail to perform as required by the specifications, the County may cancel the order and terminate the order/contract. In such event, the County will assume no responsibility for, nor will it reimburse the vendor for any expense or loss to the contractor because of such termination or cancellation. County will then purchase products/service on the open market and chargeback the difference to the defaulting vendor.

The decision of the County Purchasing Agent as to reasonable compliance with delivery terms shall be final. Burden of proof of delay in receipt of order shall rest with the vendor.

A14. NON ASSIGNMENT: In accordance with NYS General Municipal Law 109, at no time during the duration of any contract resulting from this bid, shall the successful vendor be allowed to assign any portion of this contract to a third party without express written consent from Westchester County.

A15. If Bidder is a corporation, the Bid shall be signed in its correct corporate name by a duly authorized officer.

A16. If the Bidder is a partnership, the Bid shall be signed in the full name of the partnership by a duly authorized partner.

A17. BID DISTRIBUTION: Westchester County officially distributes its bidding documents through the Empire State Purchasing Group’s Bid Notification System or from our Bureau of Purchase and Supplies office directly. Copies of bidding documents obtained from any other sources are not considered official copies. Only those vendors who obtain bidding documents from either the Empire State Purchasing Group’s Bid Notification System or from our Bureau of Purchase and Supplies office are guaranteed to receive addendum information, if such information is issued. If you have obtained this document from another source, it is recommended that you obtain an official copy.

Westchester County does not offer or supply anyone a list of people who have obtained a copy of these bid specifications.

A18. In the event of any conflict between the terms of this agreement and the terms of any schedule or attachment hereto, it is understood that the terms of this agreement shall be controlling.

A19. Any vendor receiving an award as a result of this bid recognizes that this agreement does not grant the vendor the exclusive right to perform the work for the County and that the County may enter into similar agreements with other vendors on an "as needed" basis.

B. AWARD INFORMATION

B1. Awards may be made by individual item, grouped items or lot. The County reserves the right to reject any or all bids or any portion thereof.

B2. The Purchasing Agent reserves the right before making award to make investigations as to whether or not the items, qualifications or facilities offered by the bidder meet the requirements set forth herein and are sufficient to insure the proper performance in the event of an award. The bidder must be prepared, if requested, to present evidence of experience, ability and financial standing. If it is found that any of these criteria are not satisfactory, the County may reject bids. It is not obligatory to make any such examinations however.

B3. The County of Westchester reserves the right to extend the use of bid pricing, in the event that the same item is required again, within a 12 month period of award.

Such extension shall be at the same prices, terms and conditions as set forth in the initial bid and must be mutually agreeable to both the vendor and the County of Westchester.

B4. For price and service agreements that go beyond a one-time purchase, The County of Westchester reserves the right to extend the contract under the same terms and conditions for up to twelve (12) months from date of expiration provided such extension is mutually agreeable to both the County and the Vendor.

B5. MATERIAL SAFETY DATA SHEETS: On any order containing a hazardous chemical, vendor must provide one (1) copy of the Material Safety Data Sheet for each item type with the shipment.

B6. SPECIAL NOTE REGARDING PUBLIC BID

OPENINGS: If this “Invitation For Bid” contains many line items and it is anticipated that there may be multiple responses, it may render an oral reading of every line item bid in every bid at the time of opening as impractical. Subsequent to bid opening, a bid summary sheet will be prepared and made available.

C. PAYMENT

C1. EFT POLICY: The County of Westchester remits vendor payments via an Electronic Funds Transfer ("EFT") program known as Vendor Direct. In lieu of receiving a check from the County, payments are remitted by EFT and automatically credited to the vendor’s designated bank account at the vendor’s financial institution. Vendors doing business with Westchester County, who are not already enrolled in the Vendor Direct program, will be required to promptly complete and submit an EFT authorization form supplied by the County in order to be paid. In rare cases, a hardship waiver may be granted if vendor presents proof that it is warranted. Any bidder taking exceptions to this requirement may be considered non responsive and bid may be rejected.

C2. PREPAYMENTS: Prepayments prior to shipment of item(s) ordered as a result of this bid will not be permitted unless specifically stated in the bid specifications set forth by the County of Westchester.

C3. Purchases by the County of Westchester are NOT subject to any Federal, State and Local Taxes. Do not include any of these taxes when bidding or invoicing.

C4. Westchester County does not complete credit applications. All Prices are in US Currency. Federal

ID# 13-6007353.

C5. Third party billing is not acceptable unless approved by the Purchasing Agent.

D. DELIVERY

D1. Prices shall be net, F.O.B. destination including transportation and delivery charges fully prepaid by the bidder to destination indicated in the proposal unless otherwise instructed in the bid specifications.

D2. Failure to deliver items or equipment that do not meet County specifications or are not received within the specified delivery time may be cause for cancellation of the order and vendor declared irresponsible. Any additional costs incurred by the county may be charged to original vendor. The decision of the County Purchasing Agent as to reasonable compliance with delivery terms shall be final. Burden of proof of delay in receipt of order shall rest with the vendor.

D3. All items delivered must be guaranteed against faulty materials and workmanship. Deliveries of incorrect or faulty items will be rejected and returned to sender at vendors’ expense.

D4. All deliveries are to be considered PLATFORM DELIVERY unless otherwise indicated.

D5. Where deliveries are inside, such deliveries must be made to the specific floor, or area specified.

E. PURCHASES BY OTHER SCHOOL

DISTRICTS AND GOVERNMENTS

E1. As per New York State General Municipal Law, all political subdivisions of New York State are allowed to make purchases through the resulting contract(s), if mutually agreeable by both parties.

E2. All political subdivisions will make purchases directly to vendors within the specified contract period referencing the County’s contract and shall be liable for any payments due on such purchases and shall accept sole responsibility for any payment due.

E3. All Purchases shall be subject to audit and inspection by other political subdivisions for which the purchase was made.

E4. All bidders shall be on notice that as a condition of the award of a County contract, the successful bidder shall accept the award of a similar contract with any other political subdivision in New York State, if called upon to do so. The County, however, will not be responsible for any debts incurred by the participants pursuant to this or any other agreement.

E5. Necessary deviations from the County’s specifications in the award of a participant contract, whether such deviations relate to quantities or delivery points shall be resolved between the successful bidder and the other political subdivisions.

F. LAWS & EXECUTIVE ORDERS

F1. Bidder agrees to comply with the provisions of Executive Order No. 6-2007 which requires that all toys, jewelry or other similar items intended for use by children under the age of six which are sold to the County are lead-free and further agrees to complete a lead free merchandise certification upon award if applicable to the subject of this bid.

F2. The contractor shall comply with all the provisions of the laws of the State of New York and the United States of America which affect municipalities and municipal contracts, and more particularly the Labor Law, the General Municipal Law, The Workmen’s Compensation Law, the Lien Law, Personal Property Law, State Unemployment Insurance Law, Federal Social Security Law, State, Local and Municipal Health Law, Rules and Regulations, and any and all regulations promulgated by the State of New York and of amendments and additions thereto, insofar as the same shall be applicable to any contract awarded hereunder with the same force and effect as if set forth at length herein.

F3. All items furnished shall comply in all respects with applicable Federal, State and County Laws, rules, orders and regulations, including but not limited to the Federal Food, Drug and Cosmetic Act and subsequent decisions of the Department of Agriculture or any other administering agency.

F4. If the Bidder is an unincorporated business firm other than a partnership and a trade name is used, the bid shall be signed by the person(s) conducting the business. If applicable, the certificate required by the New York State General Business Law, Section 130 must be filed with the County Clerk of Westchester County.

F5. 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 to the best of knowledge and belief:

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

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

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

F6. The bidder certifies that this bid is made without any connection with any other person making a bid for the same purpose, and is in all respects fair and without collusion or fraud, and that no elected official or other officer or employee or person whose salary is payable in whole or in part from the County Treasury, is directly or indirectly interested therein, or in the supplies, materials and equipment to which it relates, or in any portion of the profits thereof. This provision shall not apply in instances of direct or indirect holdings of less than 1% of the stock of a corporation.

F7. If this project is a “Public Work” project and is subject to all the provisions contained in the New York State Labor Law. Any Contractor submitting a bid on this project shall acknowledge that said project is a “Public Work”. Contractor shall comply with all the provisions of the Labor Law, including but not limited to Article 8, 8-A and 9 of said Law. Contractor shall pay prevailing wages as defined by said Law to all laborers, workers and mechanics, and shall require all subcontractors to do the same. In order to ensure compliance with these provisions, the County shall be entitled to review and/or audit the Contractor’s payroll records from time to time and may require the Contractor to make such records available to the County either at the Contractor’s place of business or at a location designated by the County. The Contractor and subcontractor(s) if any shall submit to the County with all requests for payment, certified payrolls or transcripts of the original payroll record, subscribed and affirmed as true under the penalties of perjury.

F8. Any bidder indicating a State of New York or Federal GSA contract as the basis for their bid must complete this bid form fully and agree to the County’s use of the bid as the sole document supporting the price(s), terms and conditions offered herein.

F9. IRANIAN ENERGY SECTOR DIVESTMENT:

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 to the best of its knowledge and belief each bidder is not on the list created pursuant to paragraph (b) of subdivision 3 of section 165-a of the State finance law. The vendors signature on the bid form will be considered certification that the vendor is in compliance with all aspects of this regulation.

Revised 04/22/2025

CLEANING SUPPLIES - DOC

WESTCHESTER COUNTY IS REQUESTING DELIVERED PRICES FOR CLEANING SOLUTIONS COMPATIBLE WITH ECOLAB

QUICK CLICK DISPENSER FOR THE DEPARTMENT OF CORRECTIONS.

TERM

PRICING SHALL HOLD FOR A PERIOD OF TWELVE (12) MONTHS, WITH AN OPTION TO EXTEND THE AGREEMENT FOR THREE (3) ADDITIONAL PERIODS, EACH NOT TO EXCEED ONE (1) YEAR, UPON MUTUAL WRITTEN CONSENT PRIOR TO THE EXPIRATION DATE. ORDERS ARE PLACED THROUGHOUT THE CONTRACT YEAR FOR VARIOUS

QUANTITIES AND DELIVERED TO THE DEPARTMENT OF CORRECTIONS IN VALHALLA, NY.

AWARD

AWARD SHALL BE MADE TO THE LOWEST RESPOSIBLE BIDDER. BIDDER SHALL ASSURE DELIVERY NO LATER THAN 3 DAYS FROM RECEIPT OF ORDER. AWARDS MAY BE MADE BY INDIVIDUAL ITEM, LOT, OR ENTIRE BID AT THE

DISCRETION OF THE WESTCHESTER COUNTY BUREAU OF PURCHASE & SUPPLIES.

BIDDER REQUIREMENTS

BIDDERS MUST MAINTAIN AN ADEQUATE BUSINESS ESTABLISHMENT, WHEREIN IT STOCKS SUBSTANTIAL

INVENTORIES OF THE ITEMS THE VENDOR IS BIDDING ON.

ALTERNATE BRAND

BIDDERS MUST PROVIDE PRICING FOR PRODUCT REQUESTED. FOR ALTERNATE BRAND CONSIDERATION:

ALTERNATE MUST BE APPROVED TO BE USED IN CURRENTLY INSTALLED DISPENSERS AND SHALL NOT

INTERFERE OR VOID ANY IMPLIED WARRANTIES.

ALTERNATE BRAND MUST MEET OR EXCEED QUALITY WITHOUT REQUIRING ANY TYPE OF EQUIPMENT OR

PRODUCT MODIFICATION.

PROPERTIES AND CHEMICAL COMPOSITION MUST BE EQUAL TO PRODUCT REQUESTED WITHOUT ANY

REDUCTION IN EFFECTIVENESS.

PRODUCT MUST YIELD THE SAME OR MORE AS THE ULTRA CONCENTRATED PRODUCT IN THIS BID.

BIDDER SHALL INCLUDE APPROPRIATE MANUFACTURER SPECIFICATION SHEETS WITH BID DOCUMENT.

SUBSTITUTES ARE SUBJECT TO APPROVAL BY THE COUNTY.

WESTCHESTER COUNTY RESERVES THE RIGHT TO DISQUALIFY ANY PRODUCT DEEMED

UNACEPTABLE/INCOMPATIBLE WITH CURRENT DISPENSERS.

ESTIMATED QUANTITITES

THIS IS A REQUIREMENTS CONTRACT, UNLESS SPECIFICALLY STATED OTHERWISE, AND THE ESTIMATE OF QUANTITIES OF THE GOODS OR SERVICES REQUIRED IS APPROXIMATE AND SHALL IN NO RESPECT BE

DEEMED A GUARANTEE.

UNLESS OTHERWISE STATED IN THE SPECIFICATIONS, UNIT PRICES SHALL NOT VARY, NOTWISTANDING ANY INCREASE OR REDUCTION IN THE QUANTITIES AND NO CLAIM FOR DAMAGES SHALL BE MADE BY OR ALLOWED TO CONTRACTOR

BY REASON OF SUCH INCREASE OR REDUCTION.

PRICE ADJUSTMENT FOR RENEWALS

PRICING SHALL BE FIRM FOR THE INITIAL 12-MONTH PERIOD OF THE CONTRACT. REQUESTS FROM CONTRACTOR(S) FOR PRICE INCREASES AT ANY OTHER TIME WILL NOT BE GRANTED. CONTRACTORS SHALL BE

PERMITTED TO REDUCE THEIR PRICING ANY TIME DURING THE CONTRACT TERM.

PRICE ADJUSTMENTS FOR EXTENSIONS OR RENEWALS SHALL BE NEGOTIATED AND MUTUALLY AGREED UPON BY WESTCHESTER COUNTY AND THE CONTRACTOR. WESTCHESTER COUNTY’S REVIEW MAY INCLUDE APPROPRIATE INDICES AS DETERMINED BY WESTCHESTER COUNTY, MARKET CONDITIONS REFLECTING SUPPLY AND DEMAND, AND OTHER ECONOMIC FACTORS DEEMED APPROPRIATE BY WESTCHESTER COUNTY.

PRICE ADJUSTMENTS SHALL NOT EXCEED 10% PER ITEM FOR EACH RENEWAL OR EXTENSION PERIOD. IF UNFORESEEN CIRCUMSTANCES (I.E. NATIONAL PANDEMIC) REQUIRE HIGHER ADJUSTMENTS, WESTCHESTER COUNTY

RESERVES THE RIGHT TO CONSIDER ADJUSTMENT REQUESTS WITH APPROPRIATE MANUFACTURER

DOCUMENTATION SUPPORT.

SHORT TERM EXTENSION

THE COUNTY OF WESTCHESTER MAY AT THE END OF THE INITIAL TERM OR ANY RENEWAL MAY REQUEST IN WRITING FOR AN ADDITIONAL PARTIAL TERM, FOR THE PROVISION OF SERVICES AS SPECIFIED IN CONTRACT FOR A PERIOD NOT TO EXCEED SIX (6) MONTHS UNDER THE SAME TERMS AND CONDITIONS AS THE PRIOR TERM.

ADDITION OF PRODUCTS

SUBSEQUENT TO AWARD, CONSIDERATION MAY BE GIVEN TO THE ADDITION OF PRODUCTS TO THIS CONTRACT, IF

THE PRODUCTS ARE:

NEEDED BY THE COUNTY

SIMILAR TO THOSE ALREADY AWARDED, OR ARE OF THE SAME PRODUCT LINE, OR ARE INCLUDED IN

CONTRACTOR’S PRODUCT CATALOG.

REASONABLY PRICED.

IF PACK SIZE CHANGE OCCURS, PRICING SHALL BE ON A PRORATED BASIS. THE CONTRACTOR SHALL NOT REFUSE A REQUEST FROM THE COUNTY TO ADD A PRODUCT TO THE CONTRACT IF THE PRODUCT IS

READILY AVAILABLE FROM A SUPPLIER.

GUARANTEE

THE SUCCESSFUL BIDDER GUARANTEES:

ALL PRODUCTS AGAINST DEFECTIVE MATERIAL OR WORKMANSHIP AND AGREES TO REPAIR OR REPLACE ANY

PRODUCT DAMAGED OR MARRED DURING TRANSIT.

THAT ANY MERCHANDISE PROVIDED UNDER THE CONTRACT WHICH IS, OR BECOMES DEFECTIVE DURING THE GUARANTEE PERIOD SHALL BE REPLACED BY THE SUCCESSFUL BIDDER FREE OF CHARGE WITH THE SPECIFIC UNDERSTANDING THAT ALL REPLACEMENTS SHALL CARRY THE SAME GUARANTEE AS THE ORIGINAL EQUIPMENT.

THE SUCCESSFUL BIDDER SHALL MAKE ANY SUCH REPLACEMENT IMMEDIATELY UPON RECEIVING NOTICE FROM

WESTCHESTER COUNTY.

DELIVERY

SHIPMENT MUST BE MADE WITHIN THREE (3) BUSINESS DAYS AFTER RECEIPT OF ORDER, WITH THE EXCEPTION OF

CUSTOM (NON-STOCK).

IF THE SUCCESSFUL BIDDER FAILS TO DELIVER AS ORDERED, OR WITHIN THE TIME SPECIFIED OR WITHIN A REASONABLE TIME AS INTERPRETED BY WESTCHESTER COUNTY, OR FAILS TO MAKE REPLACEMENT OF REJECTED ARTICLES, WHEN SO REQUESTED IMMEDIATELY OR AS DIRECTED BY WESTCHESTER COUNTY, THE COUNTY MAY PURCHASE FROM OTHER SOURCES TO TAKE THE PLACE OF THE ITEM REJECTED OR NOT DELIVERED.

THE COUNTY RESERVES THE RIGHT TO AUTHORIZE IMMEDIATE PURCHASE FROM OTHER SOURCES AGAINST REJECTIONS ON ANY CONTRACT WHEN NECESSARY. ON ALL SUCH PURCHASES THE SUCCESSFUL BIDDER AGREES TO REIMBURSE WESTCHESTER COUNTY PROMPTLY FOR EXCESS COSTS OCCASIONED BY SUCH PURCHASES.

SHOULD THE COST BE LESS, THE SUCCESSFUL BIDDER SHALL HAVE NO CLAIM TO THE DIFFERENCE. SUCH

PURCHASES WILL BE DEDUCTED FROM CONTRACT QUANTITY.

PAYMENT

PAYMENT SHALL BE MADE OF INVOICES PRESENTED AS EARLY AS ACCOUNTING PRACTICES WILL PERMIT (APPROXIMATELY 30 DAYS) AFTER ENTIRE ORDER HAS BEEN DELIVERED. PAYMENTS OF ANY CLAIM SHALL NOT PRECLUDE WESTCHESTER COUNTY FROM MAKING CLAIM FOR ADJUSTMENT ON ANY ITEM FOUND NOT TO HAVE

BEEN IN ACCORDANCE WITH THE GENERAL CONDITIONS AND SPECIFICATIONS.

CANCELLATION

A CONTRACT MAY BE CANCELED AT THE SUCCESSFUL BIDDER'S EXPENSE UPON NONPERFORMANCE OF CONTRACT.

CANCELLATION OF A CONTRACT FOR ANY REASON MAY RESULT IN REMOVAL OF THE SUCCESSFUL BIDDER'S NAME

FROM MAILING LIST FOR FUTURE PROPOSALS FOR AN INDETERMINATE PERIOD.

NO ITEMS ARE TO BE SHIPPED OR DELIVERED UNTIL RECEIPT OF AN OFFICIAL PURCHASE ORDER FROM WESTCHESTER COUNTY. THE SUCCESSFUL BIDDER SHALL BE RESPONSIBLE FOR DELIVERY OF ITEMS IN GOOD

CONDITION AT POINT OF DESTINATION.

PRODUCT MUST BE AS REQUESTED OR COMPATIBLE TO BE USED WITH ECOLAB DISPENSER QUICKCLICK #9202-2030

TEM ALL SOLUTIONS MUST BE COMPATIBLE

WITH ECOLAB DISPENSER

QUICKCLICK # 9202-2030

UOM

EST.

ANNUAL

QUANTITY

UNIT

PRICE

EXTENDED

PRICE

ECOLAB FACILIPRO ITEM #6101054 66 HEAVY DUTY

ALKALINE BATHROOM DISINFECTANT FLORAL, RED

1.3L 2/CS

CASE 200

2 ECOLAB FACILIPRO ITEM #6102261 42 RAPID

MULTISURFACE DISINFECTANT CLEANER FLORAL,

BLUE 1.3L 2/CS

CASE 200

ECOLAB FACILIPRO ITEM #6100081 34

CONCENTRATED HIGH PERFORMANCE NEUTRAL

FLOOR CLEANER SWEET ORANGE 1.3L 2/CS

CASE

GRAND TOTAL

THE COUNTY IS FORECASTING DOC MAY REQUIRE 200 CASES PER ITEM PER YEAR; HOWEVER, THIS IS A REQUIREMENTS CONTRACT, AND THE ESTIMATE OF QUANTITIES OF THE GOODS OR SERVICES REQUIRED IS

APPROXIMATE AND SHALL IN NO RESPECT BE DEEMED A GUARANTEE.

Bureau of Purchase & Supplies Michaelian Office Building, 148 Martine Avenue, Room 713 White Plains, New York 10601 Telephone: (914) 231-1872 Fax (914) 231-1546 Website: WestchesterCountyNY.gov

TARIFFS PRICE ADJUSTMENTS RIDER

1. All pricing submitted in response to this solicitation must include any applicable import duties or tariffs imposed by the President of the United States, the United States Congress, Customs and Border Protection, or any other federal entity authorized by law (the “Federal Government”). Vendors are responsible for ensuring that all such costs are incorporated into their bid submission, providing a detailed cost breakdown.

2. Bidders shall submit pricing in a two-tiered format: (1) a fixed price for the base product and (2) a separate, adjustable tariff cost component indicating both the applicable duty or tariff rate and the corresponding dollar amount. The tariff cost component will be subject to adjustment only when documented tariff changes occur. If the duty or tariff rate used exceeds the rate in effect at the time of bid opening, the County reserves the right to deem the bid non-responsive.

3. In the event the Federal Government imposes a new duty or tariff, or changes a duty or tariff during the term of this contract and directly impacts the cost of a product or a clearly defined component part thereof, either party may request a price adjustment if the net change in cost attributable solely to such tariff change exceeds five percent (5%) of the total contract price. Any such adjustment shall be limited to the lesser of (i) twenty percent (20%) of the original contract price or (ii) one-half (50%) of the net increase caused by the tariff.

The basis date for evaluating eligibility for tariff adjustments shall be:

a. For competitive procurements: the latest of 5 days prior to the bid submission date, proposal submission date, or best and final offer receipt date.

b. For sole source and cooperative purchases: the later of the date the Contractor submitted pricing or the Contractor’s signature date on the cooperative contract.

4. The amount of the increase in the purchase price shall be in the sole discretion of

Westchester County’s Purchasing Agent.

5. Prior to the County approving a request for tariff adjustments pursuant to this Section, the Contractor shall provide to the County Purchasing Agent the following documentation, all of which must be satisfactory to the County Purchasing Agent:

a. Must be submitted in writing and include a comprehensive cost breakdown detailing how the tariff has impacted the total cost of the finished product, such as:

i. the unit price paid by the Contractor as of the date of award for the good or raw material used to furnish the goods to the County under this Agreement,

ii. the applicability of the duty or tariff to the specific good or raw material, and

iii. must include official importer receipts or customs documentation showing proof of tariff payment and transaction date.

b. The evidence submitted shall be sufficient in detail and content to allow the

County to verify that the duty or tariff is the cause of the price change, and will only be considered if it clearly demonstrates a direct impact from the tariff on the specific goods or components being purchased under this contract.

c. A certification signed by the Contractor that it has made all reasonable efforts to obtain the good or the raw materials comprising the good procured by the County at a lower overall cost from a different source either domestically or located outside of the country against which the duty or tariff has been imposed.

d. A certification signed by the Contractor that the documentation, statements, and any other evidence it submits in support of its request for a price increase under this Section are true and correct, and that the Contractor would otherwise be unable to perform under this agreement without such price increase because to do so would create a financial hardship.

e. In the event that the County requests a tariff adjustment, the Contractor shall provide all required supporting documentation, as outlined above, within thirty

(30) calendar days of the County’s request.

f. No retroactive adjustments shall be allowed for tariff changes prior to the applicable basis date (see 3a and 3b).

6. Price adjustments are subject to the County Purchasing Agent’s sole discretion and written approval is required prior to implementation of any price change. If the County Purchasing Agent approves a price increase pursuant to this Section, the parties further agree to the following additional terms to this agreement:

a. During the Term and for five (5) years after the termination of this agreement, the Contractor shall retain, and the County and its authorized representatives shall have the right to audit, examine, and make copies of, all of the Contractor’s books, accounts, and other records related to this agreement and the Contractor’s costs for providing goods to the County, including, but not limited to those kept by the Contractor’s agents, assigns, successors, and subcontractors.

b. Notwithstanding anything to the contrary in this agreement, the County shall have the right to terminate this agreement for the County’s convenience upon

15 days’ written notice to the Contractor because of the price increase.

7. Should tariffs be reduced or removed during the contract term, the contractor shall pass the cost savings on to the agency through an equivalent price reduction. The contractor must notify the agency within 30 days of any tariff reduction and submit revised pricing accordingly. The Contractor shall also reimburse the County for any overpayment made by the County as a result of such import duty or tariff. The County also shall have the right to deduct from future payments under any contracts the County may have with the Contractor any funds the County may determine are owed to the County under this agreement.

8. Any material misrepresentation of fact by the Contractor relating in any way to the

County’s payment of additional sums due to duties or tariffs shall be fraud against the taxpayer’s of the County and subject the Contractor to, among other things, civil penalties and treble damages pursuant to the New York False Claims Act.