RFP 2024-107.pdf

P URCHASING

P: 315-376-5144 | F: 315-376-4917

Brian Hanno

Director brianhanno@lewiscounty.ny.gov

7660 North State Street ● Lowville, NY 13367 ● 315-377-2000 ● lewiscountyny.gov

Lewis County is an equal opportunity provider and employer. Complaints of discrimination should be made known to the Lewis County Board of Legislators.

REQUEST FOR PROPOSAL

NO. 2024-107

LEWIS COUNTY MULTI-JURISDICTIONAL HAZARD MITIGATION PLAN

UPDATE

Date: February 23, 2024

To Whom It May Concern:

Lewis County is currently seeking a proposal for a firm to update the Lewis County Multi- Jurisdictional Hazard Mitigation Plan which was last updated in 2020.

All proposals are to be mailed to:

Clerk of the Board County Courthouse, 2nd Floor, Room 225 7660 North State Street Lowville, New York 13367 or delivered in person between the hours of 8:30 A.M. and 4:30 P.M., Monday through Friday.

All proposals must be received on or before 2:00 p.m. on March 29th, 2024 at which time they will be publicly opened in the Board Chambers. Late proposals will not be considered.

Lewis County reserves the right to forego any formalities and reject any or all proposals.

Lewis County is an Equal Opportunity Employer.

This RFP can be found on and downloaded from the Lewis County Website:

www.lewiscountyny.gov

Sincerely, Brian Hanno Lewis County Purchasing Director 7660 North State Street Lowville, NY 13367 http://www.lewiscountyny.gov/

Introduction

1.1 Purpose/Objective

Lewis County is looking for a firm to update the Lewis County Multi-Jurisdictional Hazard Mitigation Plan which was last updated in 2020. FEMA has approved funding for Lewis County’s Building Resilient Infrastructure and Communities (BRIC) FY 2022 sub-application number EMN-2022-BR-004-0006, under which the County will engage in the process of multi-jurisdictional mitigation planning to produce a multi-jurisdiction, multi-hazard mitigation plan for the County and its 25 municipalities. The approved scope of work requires that Lewis County, as a sub-recipient, satisfy the requirements of 44 CFR Part 201 for local multi-hazard mitigation plans.

More information is described in section 2.1.

The County intends to open the bid responses to this RFP on Friday, March 29th, 2024, at 2:00 p.m., and to select a qualified firm, if any.

1.2 Inquiries

Any questions related to this RFP should be directed to Brian Hanno, Purchasing Director, by email at brianhanno@lewiscounty.ny.gov

1.3 Minority, Women-owned Enterprises and Service-Disabled Veteran-Owned Businesses:

The County does not require MWBE certification for this bid proposal, but if the bidder is qualified in any capacity, the bidder is requested to set forth the information.

1.4 Taxes

No charge will be allowed for federal, state, sales, and excise taxes from which the County is exempt. Exemption Certificates will be provided upon request.

1.5 New York State Wage Rates

If any portion of work being bid is subject to the prevailing wage rate provisions of the NYS Labor Law, the successful bidder is responsible for complying with all current labor rates and regulations throughout the duration of any contract resulting from this bid and will conduct his business in strict compliance with County Law, New York State Labor Laws, Federal OSHA Laws, and all other laws that apply. The current schedule(s) of the prevailing rates and hourly supplements for this project may be accessed at the New York State Department of Labor website @ www.labor.state.ny.us.

GENERAL DESCRIPTION OR REQUIRED PERFORMANCE

OUTCOMES:

2.1 Scope of Work

Lewis County is looking for a firm to update the Lewis County Multi-Jurisdictional Hazard Mitigation Plan which was last updated in 2020. FEMA has approved funding for Lewis County’s Building Resilient Infrastructure and Communities (BRIC) FY 2022 sub-application number EMN-2022-BR-004-0006, under which the County will engage in the process of mailto:brianhanno@lewiscounty.ny.gov https://ny.newnycontracts.com/ http://www.labor.state.ny.us/ multi-jurisdictional mitigation planning to produce a multi-jurisdiction, multi-hazard mitigation plan for the County and its 25 municipalities. The approved scope of work requires that Lewis County, as a sub-recipient, satisfy the requirements of 44 CFR Part 201 for local multi-hazard mitigation plans.

Lewis County will develop its multi-jurisdictional multi-hazard mitigation plan utilizing the required actions detailed in the attached document “NYSDHSES Hazard Mitigation Planning Standards” (Attachment G). These are required standards for every contract executed after October 15, 2012.

Phase 1: Organize the Planning Effort

1) Confirm jurisdictional participation in the hazard mitigation planning process.

2) Establish and mobilize the planning team, including the steering committee, planning partnership, and stakeholders.

3) Review feedback from FEMA and NYS DHSES for the previously approved Hazard

Mitigation Plan.

4) Distribute deferral and state hazard mitigation planning guidelines and resources to appropriate Planning Team members.

5) Develop an outreach strategy to include a meeting schedule, meeting objectives, and desired participants, roles, and responsibilities.

6) Establish methods and schedules for soliciting and documenting input from the public, stakeholders, and neighboring jurisdictions at various stages of the planning process.

7) Identify technical data needs, request, and collect data from local, state, and federal planning partners.

8) Request, collect, and inventory existing resources (plans, studies, ordinances, policies, programs, local media accounts, etc.) from local, state, and federal planning partners.

9) Update the status of actions included in the previous Hazard Mitigation Plan.

Phase 2: Profile the Community & Existing Conditions

1) Profile the Social Environment and evaluate the following:

a. Demographic data.

b. Relevant governmental operations & structure.

c. At-risk populations.

d. Local economy.

2) Profile the Built Environment and evaluate the following:

a. Land use and zoning

b. Developments since the prior HMP update

c. Anticipated future developments

d. Transportation networks

3) Profile Critical Infrastructure and evaluate the following:

a. Critical facilities

b. Critical infrastructure

c. Critical community needs

d. Sheltering and evacuation procedures

4) Profile the Natural Environment and evaluate the following:

a. Waterbodies

b. Wetland areas

c. Restricted and/or protected areas

d. Protected species

5) Solicit and document input from the public, stakeholders, and neighboring jurisdictions related to this phase.

Phase 3: Select, Profile, and Evaluate Impacts of Hazards of Concern

1) Review all hazards included in the last Hazard Mitigation Plan, review NYS Hazard Mitigation Plan hazards & consider alignment, select/confirm hazards of concern for update, and document justification for selection.

2) Profile hazards of concern, and for each:

a. Update location or confirm previous.

b. Update the hazard characteristics or confirm previous.

c. Update potential extent (magnitude) or confirm previous.

d. Update significant hazard events since the last plan using the best available data and community input.

e. Document cascading impacts.

f. Document the impact of climate change on hazards.

3) For each municipality, assess and document the impacts of each hazard of concern to the social, built, and natural environment, and to critical infrastructure evaluated and documented during the previous task.

4) Solicit and document input from the public, stakeholders, and neighboring jurisdictions related to this phase.

Phase 4: Assess the Capabilities and Integrate Resources

1) Review existing resources collected and documented in Phase 1.

2) Assess existing resources to evaluate resources available to accomplish implementation of hazard mitigation strategies and action, including High Hazard Dam Potential (HHPD) in municipalities that have Class C dams.

3) Identify opportunities to integrate the functionality of existing resources into this HMP.

4) Identify opportunities by which local governments can integrate the data, assessments, and strategies from this Hazard Mitigation Plan into other planning mechanisms and day-to-day operations.

5) Describe the ability to expand capabilities, including floodplain management.

6) Assess and document NFIP data and local flood plan management activities.

7) Describe the commitment to maintaining NFIP compliance.

8) Document a comprehensive list of strategic funding sources for implementation.

9) Solicit and document input from the public, stakeholders, and neighboring jurisdictions related to this phase.

Phase 5: Develop the Mitigation Strategy

1) Consider new priorities and describe any shifts in priorities since the last Hazard Mitigation Plan.

2) Confirm and/or upgrade goals consistent with findings of previous tasks and describe strategies for achieving goals.

3) Based on Phases 2-4 summarize risks and vulnerabilities as problem statements.

4) For each problem statement identify a range of solutions and/or actions.

5) Establish action prioritization criteria.

6) Select, describe, and prioritize actions to mitigate risks identified in the problem statements.

7) For each action, identify the lead department, timeframe, and potential funding sources for implementing each action.

8) Complete NYS DHSES mitigation worksheets and mitigation action table for a minimum of two unique mitigation actions per jurisdiction.

9) Solicit and document input from the public, stakeholders, and neighboring jurisdictions related to this phase.

Phase 6: Establish the Plan Maintenance Process

1) Describe the method and schedule for continuing public engagement throughout the five-year lifecycle.

2) Describe the methods and schedule for monitoring and evaluating progress throughout the five-year lifecycle.

3) Schedule and document the first plan maintenance meeting.

4) Identify activities to be completed at each stage of maintenance.

5) Describe the method and schedule for updating the mitigation plan before it expires.

6) Solicit and document input from the public, stakeholders, and neighboring jurisdictions related to this phase.

Phase 7: Draft and Submit the Plan

1) Write and assemble the drafted Hazard Mitigation Plan update.

2) Publish and distribute the draft Hazard Mitigation Plan and solicit review and comments by planning team and the public.

3) Document comments in the Hazard Mitigation Plan and make revisions as necessary.

4) Document NYS DHSES comments and make revisions as necessary.

5) Submit the final plan to NYS DHSES for review and submittal to FEMA.

Phase 8: Adopt the Plan

1) Publicize Hazard Mitigation Plan approval and adoption. Include in the Hazard Mitigation Plan a certified adoption resolution from each participating jurisdiction.

SPECIFIC REQUIREMENTS:

3.1 The Contractor firm agrees to provide services to the County as an independent contractor and not as an employee, as those terms are understood for New York and Federal law purposes. The Firm agrees to provide for, secure, and/or be solely responsible for any and all required fees, permits, Workers’ Compensation coverage, Unemployment Insurance, Disability Insurance, Social Security contributions, income tax withholding, and any other insurance or taxes, including but not limited to Federal and New York taxes, for any persons performing services pursuant to a subsequent agreement, including the Contractor, and any employees of the selected Firm. The Contractor agrees to indemnify the County and hold the County harmless from any claims, suits, losses, or damages, including reasonable attorney’s fees, resulting from any failure on the part of the Contractor to satisfy its obligations as stated herein.

3.2 The Contractor acknowledges and agrees to purchase, register, and insure any and all necessary equipment and vehicles to provide the scope of services identified. Automobile liability insurance must have a minimum limit for bodily injury and property damage of $1,000,000 /$2,000,000.

3.3 The contractor acknowledges and agrees to purchase comprehensive general liability insurance with minimum liability limits of $1,000,000 / $2,000,000 for personal injury and property damage, and $2,000,000 aggregate to protect against claims brought against the County, which may arise from the provision of services under a subsequent agreement.

Contractor agrees to name the County as an additional primary insured.

3.4 The Contractor agrees to indemnify the County and hold the County harmless from any claims (including but not limited to claims under Labor Law Section 240, if applicable), suits, losses, or damages resulting from or relating to any services provided by the Contractor and/or equipment or materials used by the Contractor, or any other person performing services pursuant to a subsequent agreement. The Contractor shall be liable to the County for any loss, damage or destruction of any property, including hazardous contamination, materials, goods, documents, or other items, including reasonable attorney’s fees, resulting from or related to the negligence, or other wrongful acts of the Contractor, the Contractor’s employees, or any other person performing services pursuant to a subsequent agreement.

3.5 The Contractor may not assign, transfer, sublet or otherwise dispose of the Agreement without the prior written consent of the County.

3.6 The County reserves it right to require additional contractual provisions it deems appropriate to give effect to this Proposal.

3.7 This contract may be terminated or suspended by Lewis County if the Contractor abandons the work under this contract; is in violation of any conditions of this contract and permit; fails or refuses to conform with the requirements of this contract; or if at any time the Lewis County is of the opinion that the Contractor is willfully violating any of the conditions of the contract or executing same in bad faith; or that, the Contractor has failed to promote work in a diligent manner. Upon such default or termination, Lewis County shall have the right to proceed to enforce the bond posted by the Contractor in connection with this contract.

ELIGIBLE APPLICANTS

4.1 To be deemed an eligible applicant, you must have at least three (3) years’ experience in Hazard Mitigation Plan-related projects and at least 3 references from projects completed in the last (2) years.

PROPOSAL FORMAT

5.1 To be submitted on any of your own forms you feel necessary plus the included Bid Proposal Page, Signature Page, Non-Collusion Form, Anti-Sexual Harassment Form, Corporate Attestation Form, and Iran Divestment Act set forth at the end of this RFP.

BASIS OF AWARD:

6.1 All proposals will be evaluated to determine if they meet the requirements of the Request for Proposal. The County may, as it deems necessary, conduct discussions with the contractor(s) it deems reasonably suspected of being selected for award, for the purpose of clarification and responsiveness to requirements. The County may assign varying weight to criteria and reserves its right to make an award based upon said criteria, including “best value”, if applicable. For this project the breakdown with be (25) twenty-five percent price,

(25) twenty-five percent timeframe, and (50) fifty percent qualifications and past project references.

6.2 Information gathered by the County from the RFP, during any interviews, and any other information and factors deemed relevant by the County may be considered in a final award.

Some additional information and criteria the County may consider includes but is not limited to the bidder’s commitment to Lewis County, the reputation of the contractor, commitment to quality of services, and responsiveness.

6.3 The County reserves the right to accept or reject any and all Proposals.

6.4 The Award may be made to the most responsible bidder whose proposal is determined to be in the best interest of Lewis County and deemed to best serve the County’s needs and requirements, based on the evaluation of all relevant criteria and information provided including an interview with Contractor and the Award Committee.

6.5 A successful bidder is encouraged by the County to use in-county and/or local vendors, supply entities and labor force, if possible, in providing the services under the contract awarded for this project, but is not required to do so, nor is same a criterion in the award determination.

6.6 The Award Committee will consist of the Finance and Rules Legislative Committee, County Manager, Planning Department, and the County Attorney. The County reserves the right to reject any and all bids and to waive any informality in bids received whenever such rejection or waiver is in the interest of the County. Price will not necessarily be the determining factor in the award of the contract. The Award Committee will make its recommendation to the full Board of Legislators for their approval. Contract award will be made by resolution of the Board of Legislators.

6.7 Contractors will be notified in writing of the successful award after formal acceptance by the Lewis County Legislature.

CONTRACT PERIOD:

7.1 The intent of the County is to award this contract on April 2nd, 2024, and to have all work completed by May 22nd, 2025 to include municipal adoption of the plan update.

*Any proposer should know that the resulting contract will require adherence to current State and Federal Clauses (found in Appendix A and Attachment A-2).

GENERAL INFORMATION:

8.1 Your proposal must include the following to be considered:

1. Name, Address, Contact Person.

2. Telephone Number/Fax Number/E-mail Address.

3. Essential information about the company providing the service including the correct and full legal name of the business and tax identification number.

8.2 PROPOSAL REQUIREMENTS:

a) Proposals must be accompanied by a signed Bid Proposal Form, signed Signature Page, signed Non-Collusion Statement, signed Anti-Sexual Harassment Statement, signed Attestation of Good Standing of Corporate Entity, and signed Iran Divestment Act Statement. These forms can be found at the end of these specifications.

b) Provider must submit their written proposal on the provided forms, plus any other forms they deem necessary.

c) One original and two (2) copies of the proposal must be provided.

d) Read all documents contained in the proposal package.

e) Proposals must be submitted to:

Clerk of the Board County Courthouse, 2nd Floor, Room 225 7660 North State Street Lowville, New York 13367

To be considered, the proposal must be received in person or by mail no later than 2:00 PM on Friday, March 29th, 2024. No proposals will be accepted after the designated time.

Bid packages will be opened on said date and time in the Courthouse Building, Second Floor Chambers, 7660 North State Street, Lowville, NY 13367.

Providers shall indicate on the outside of their sealed proposal the following information:

• Title of Proposal and Proposal Number if any

• Date and Time of Proposal Opening

• Company Name / Bidders Name

Failure to do so may result in the rejection of the proposal as being unresponsive.

8.3 LATE PROPOSALS:

Proposals received in the Purchasing Office after the date and time prescribed shall not be considered for contract award and shall be returned, unopened, to the Contractor.

NOTE: Any delay due to traffic, weather, mail or express delivery is not an exception to the deadline for receipt of proposals. Please plan accordingly.

8.4 NON-COLLUSION STATEMENT; SEXUAL HARASSMENT POLICY

STATEMENT:

Non-Collusion Statement and Sexual harassment compliance statements shall be returned with your proposal.

8.5 PROPOSAL CONTENT:

All information required by these specifications must accompany the proposal or provider may be disqualified.

8.6 ADDENDA:

Addenda are written instruments issued by the County prior to the date for receipt of offers which modify or interpret the specification document by addition, deletion, clarification or correction. Addenda will be e-mailed to all who are known by the County to have received a complete set of specification documents. Addenda will also be posted on the Lewis County website, www.lewiscountyny.gov. Copies of addenda will also be made available for inspection at Purchasing Director’s Office located in the County Courthouse Building. No addendum will be issued later than forty-eight (48) hours prior to the date and time for the receipt of offers, except an addendum withdrawing the RFP, or addendum including postponement.

8.7 PROPOSAL RECEIPT BY A THIRD PARTY:

Any Contractor submitting a proposal based on incomplete or inaccurate information resulting from documentation received from any third party shall not have cause for relief from award or completion of a contract in accordance with the official documents on file with the County of Lewis. It is STRONGLY suggested that all Contractors interested in participating in this proposal, contact the Lewis County Purchasing Department directly to assure they have received the most accurate and up to date material concerning this contract. The County does not offer or supply anyone the list of people that have obtained a copy of these RFP specifications for the project prior to the opening of the RFP. NO

EXCEPTIONS ARE MADE TO THIS POLICY.

8.8 FREEDOM OF INFORMATION LAW (FOIL)

All material submitted in response to this Bid becomes the property of the County, with same being considered public records after the award of the contract, subject to confidentiality and exemptions set forth in the Public Officers Law. Proposals will not be shared with any competing offerors during the selection phase of this procurement, however, after award of the contract to the successful offeror, proposals and/or lawful parts of proposals received in response to this RFP may be subject to disclosure under the Freedom of Information Act.

Information in proposals that is clearly identified as proprietary will not be disclosed at any time. Blanket statements that all contents of the proposal are confidential and proprietary will not be honored by the County. The New York State Freedom of Information Law (FOIL), as set forth in Article 6 of the Public Officers Law mandates public access to certain government records. Generally, proposals submitted in response to this Bid may constitute government records subject to FOIL.

Proposals may contain, among other things, certain technical, financial, or other data and information that constitute trade secrets if publicly disclosed. To protect this information from disclosure under FOIL, Proposers should specifically identify the pages of the proposal that contain such information by properly marking the top of the applicable pages with “ with the notation: “CONFIDENTIAL” and inserting the following statement in the front of its proposal: “The information or data on pages of this proposal, identified on the top thereof as “CONFIDENTIAL”, contain financial, technical, or other information which constitute government records subject to FOIL.” Bidder should explain, among other things, certain technical, financial, or other data and information that constitute trade secrets, if publicly disclosed, that could cause substantial injury to the commercial enterprise’s competitive position, and request that the County use such information only for the evaluation of this proposal.

Bidder must understand that the County is required to comply with the provisions of the New York State Freedom of Information Law (FOIL), and that public disclosure of the information contained in this proposal whether or not marked as “CONFIDENTIAL” may be required.

Bidder shall make no claim for any damages as a result of any such disclosure by the County pursuant to FOIL. In the event the County receives a FOIL request for disclosure of information marked as “CONFIDENTIAL”, the Proposer/Bidder shall be notified of the request and may expeditiously submit a detailed statement and explanation indicating the reasons it has for believing that the information requested is exempt from disclosure under the law. This detailed statement and explanation shall be used by the County in making its determination as to whether disclosure is required under the law.

http://www.lewiscountyny.gov/

I. CONFLICTING TERMS:

9.1 The requirements provided in the “specification” portion of these documents shall govern in any conflict with any other language provided in the general “Terms and Conditions” or any other boilerplate type information. Any conflict between the specification language and any boilerplate language will be resolved in favor of the specification language.

J. EXECUTORY CLAUSE:

10.1 Any contract offered in response to this RFP shall contain the following clause: “This Contract shall be deemed executory only to the extent of funds appropriated by the Lewis County Board of Legislators and available for the purposes of this Agreement; and no liability on account thereof shall be incurred by Lewis County beyond the amount of such funds.”

K. NO JOINT BIDS:

11.1 Joint Bids will not be accepted. For purposes of the specifications, the term joint Bid shall include, but is not limited to, any Bid submitted jointly by two or more Contractors in the name of partnership, joint venture or other legal entity formed for the purpose of submitting such a Bid or to be formed for the purpose of entering into a contract pursuant to such Bid/RFP.

L. PAYMENTS UNDER CONTRACT AWARD:

12.1 A Fifteen (15) percent payment of total bid amount will be made after the contract has been fully executed and all insurance and other documents required by the County have been received. The remaining balance of the contractual obligation will be paid at the completion of the services provided, and upon the County’s final sign off on all work and obligations performed. Any claim against the contractor may be deducted by the County from any money due it in the same or other transactions. In any case where a question of non-performance of the contract arises, payment may be withheld in whole or in part at the discretion of the County as compensation for any loss, damage, or cost incurred by the County as a result of said non-performance or contractual violation.

M. CONFLICTS OF INTEREST:

13.1 In executing and submitting this Bid, the contractor represents and warrants that no person who is an elected official, officer, or employee of Lewis County, nor any person whose salary is payable, in whole or in part, by the County, or any corporation, partnership or association in which such official, officer or employee is directly interested, shall have a direct financial interest, in the contract to be awarded hereunder or in the proceeds thereof, unless such person completes and submits a Disclosure Form, on a form acceptable to the County, disclosing their interest or seeks a formal opinion from the Lewis County Ethics Board as to whether or not a conflict of interest exists. For a breach or violation of such representations or warranties, the County shall have the right to annul this Agreement without liability entitling the County to recover all monies paid hereunder and Contractor shall not make claim for, or be entitled to recover, any sum or sums otherwise due under any contract awarded hereunder.

N. IRANIAN ENERGY SECTOR DIVESTMENT:

14.1 Contractor hereby represents that said Contractor is in compliance with New York State General Municipal Law Section 103-g entitled “Iranian Energy Sector Divestment”, in that said Contractor has not: a. Provided goods and services of $20 Million or more in the energy sector of Iran including but not limited to the provision of oil or liquified natural gas tankers or products used to construct or maintain pipelines used to transport oil or liquified natural gas for the energy sector of Iran; or b. Acted as a financial institution and extended $20 Million or more in credit to another person for forty-five days or more, if that person’s intent was to use the credit to provide goods or services in the energy sector in Iran. Any Contractor who has undertaken any of the above and is identified on a list created pursuant to Section 165-a (3)(b) of the New York State Finance Law as a person engaging in investment activities in Iran, shall not be deemed a responsible Bidder pursuant to Section 103 of the New York State General Municipal Law. Except as otherwise specifically provided herein, every Contractor submitting a bid in response to this Request for Bids must certify and affirm that it is not on the list created pursuant to NYS Finance Law Section 165-1 (3)(b), as set forth on one of the required forms located at the end of this RFP.

YOU MUST RETURN THIS SHEET WITH YOUR PROPOSAL

BID PROPOSAL PAGE

No. 2024-107 Lewis County Multi-Jurisdictional Hazard Mitigation Plan Update

Lump Sum Fee Proposal

Timeframe to complete work

Legal name of person/firm/corporation Authorized Signature/ Position

Typed Name

SIGNATURE PAGE

REQUEST FOR PROPOSAL

No. 2024-107 Lewis County Multi-Jurisdictional Hazard Mitigation Plan Update

TO: Clerk of the Board, County of Lewis

THE UNDERSIGNED PROPOSES TO PROVIDE THE GOODS AND SERVICES required as set forth in the referenced Request for Proposal. If successful, the Bidder hereby agrees to furnish the goods and services in accordance with all terms, conditions and specifications contained within referenced Request for Proposal, at prices submitted in the referenced specifications. I certify that I am authorized to sign this proposal, myself or on behalf of the company or firm I represent, and to enter into a binding contract with Lewis County. This signed proposal will become part of a binding contract after award by the Lewis County Legislature to the successful bidder.

NOTE: By signing and submitting the proposal form for consideration by the Lewis County Legislature, the Contractor acknowledges they have read, understood, and agree to all aspects of the specifications as presented without reservation or alteration.

Legal name of person/firm/corporation Authorized Signature/ Position

Address Typed Name

City/State/Zip Title

Date Telephone No. Fax No.

E-mail address

NON-COLLUSION FORM

REQUEST FOR PROPOSAL

No. 2024-107 Lewis County Multi-Jurisdictional Hazard Mitigation Plan Update

By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, as to its own organization, under penalty or perjury, that to the best of his or her knowledge and belief:

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

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

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

4. No person, broker or selling agent has been employed or retained by the bidder to solicit or secure this award upon an agreement or upon an understanding for a commission, percentage, a brokerage fee, contingent fee or any other compensation. The bidder further represents and warrants that no payment, gift or thing of value has been made, given or promised to obtain this or any other agreement between the parties.

In compliance with this invitation for bids, and subject to the conditions thereof, the undersigned offers and agrees, if this bid is accepted within forty-five (45) days from the date of opening, to furnish any and all of the items upon which prices are submitted.

Legal name of firm/corporation Authorized Signature

Address Typed Name

City/State/Zip Title

AFFIRMATION STATEMENT ON SEXUAL HARASSMENT

REQUEST FOR PROPOSAL

No. 2024-107 Lewis County Multi-Jurisdictional Hazard Mitigation Plan Update

In compliance with State Finance Law § 139-l, the undersigned bidder hereby certifies and affirms under 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 bide 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 training to all of its employees. Such policy shall, at a minimum, meet the requirements of section two hundred one-g of the labor law.

Legal name of firm/corporation Authorized Signature

Address Typed Name

City/State/Zip Title

Date Telephone No. Fax No.

Note: Pursuant to State Finance Law §139-l 3, if the Bidder cannot make the foregoing certification and, such bidder shall so state and shall furnish with the bid a signed statement which sets forth in detail the reasons, therefore.

YOU MUST RETURN THIS SHEET WITH YOUR BID

CORPORATE APPLICANT/ENTITY ATTESTATION OF

GOOD STANDING

REQUEST FOR PROPOSAL

No. 2024-107 Lewis County Multi-Jurisdictional Hazard Mitigation Plan Update

As a duly authorized official of the Applicant Entity identified below, I certify and attest that the following conditions are true and accurate:

The applicant is not currently the subject of an enforcement action related to an investigation by a State or Federal agency.

The applicant corporate entity is in good standing and is in compliance with required corporate filings.

Legal name of firm/corporation Authorized Signature

Address Typed Name

City/State/Zip Title

YOU MUST RETURN THIS SHEET WITH YOUR BID

CERTIFICATION OF COMPLIANCE WITH THE IRAN

DIVESTMENT ACT

REQUEST FOR PROPOSAL

No. 2024-107 Lewis County Multi-Jurisdictional Hazard Mitigation Plan Update

As a result of the Iran Divestment Act of 2012 the Office of General Service must develop a list of persons who are engaged in certain investment activities in Iran. Contracts cannot be awarded to persons or entities on that list, with some exceptions. All bidders are required to execute the following statement:

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 that each bidder is not on the list created pursuant to Paragraph (b) of Subdivision 3 of Section 165a of the State Finance Law.

Corporate or Company Name

BY:

Signature

Title

NOTE: If the bidder cannot make the above certification, it shall so state and furnish with the bid a signed statement which sets forth in detail the reason for that.

RECEIPT OF ADDENDUM ACKNOWLEDGMENT

No. 2024-107 Lewis County Multi-Jurisdictional Hazard Mitigation Plan Update

ADDENDUM ACKNOWLEDGEMENT

ADDENDUM NO.

Please acknowledge the receipt of the above ADDENDUM issued by the County of Lewis, by signature and recording the date of receipt below.

Bidder:

Authorized Signatory: Date:

**NOTE: This form must be included in your bid documents if any Addendum is issued

NON-BIDDER’S RESPONSE

For the purpose of maintaining accurate Bidder’s lists and facilitating your firm’s response to our invitation for bid, the County of Lewis in interested in ascertaining reasons for prospective Bidder’s failure to respond to invitations for bids. If your firm is not responding to this bid, please indicate the reason(s) by checking any appropriate item(s) below and returning this form to the Lewis County Purchasing Director, 7660 North State Street, Lowville, New York 13367. This form may be returned by mail or fax. Faxes may be sent to 315-376-4917. Failure to submit either a bid proposal or return this form will result in removal of your firm’s name from our Bidder’s lists. Thank you for your cooperation.

We are not responding to this invitation for bid for the following reason(s)

Items or materials requested not manufactured by us or not available to our company.

Our items or materials do not meet specifications.

Specifications not clearly understood or applicable (too vague, too rigid, etc.)

Quantities too small.

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2022 New York State Hazard Mitigation Planning Standards (Supersedes the 2017 NYS Hazard Mitigation Planning Standards)

Congratulations on taking the first steps to update a multi-hazard mitigation plan for your community!

The goal of both the New York State Division of Homeland Security and Emergency Services (NYS DHSES) and FEMA is that all jurisdictions develop robust mitigation plans and tangible mitigation actions that will contribute to long-term risk reduction.

The 2022 NYS Hazard Mitigation Planning Standards reduce the 2017 Hazard Mitigation Planning Standards. Any plan currently in development, regardless of date funded, will be held only to these reduced standards.

PLEASE NOTE:

On April 19, 2023, FEMA’s new Local Mitigation Planning Policy will take effect. Plans approved on or after this date must meet requirements as outlined in the linked Policy Guide.

https://www.fema.gov/sites/default/files/documents/fema_local-mitigation-planning-policy-guide_042022.pdf

The additional state requirements detailed below are intended to improve the quality of hazard mitigation plans and encourage the development of the most appropriate and effective mitigation projects for your community. It is recognized that many jurisdictions have inherent constraints and certain information may be difficult to provide. NYS DHSES and FEMA will work with you throughout the entire planning process to ensure the successful development of your community’s hazard mitigation plan.

There are a multitude of resources that exist to provide guidance and support throughout the planning process, developed by Federal and State agencies, as well as private and research-based groups.

We urge you to contact us so that we may direct you to additional resources and provide you with the most comprehensive technical assistance possible.

For questions and comments, please call our offices at 518-292-2304.

Additional contact information will be provided to sub-recipients for more direct assistance.

Attachment G https://www.fema.gov/sites/default/files/documents/fema_local-mitigation-planning-policy-guide_042022.pdf https://www.fema.gov/sites/default/files/documents/fema_local-mitigation-planning-policy-guide_042022.pdf https://www.fema.gov/sites/default/files/documents/fema_local-mitigation-planning-policy-guide_042022.pdf

Please note:

Jurisdiction is used to describe all government entities within the boundaries set forth in the Multi- Jurisdictional Plan (typically County-wide), including the County itself, as well as cities, towns, villages and potentially tribes that choose to join a multi-jurisdictional plan.

Special Flood Hazard Area (SFHA) is defined as the area that will be inundated by the flood event having a 1-percent change of being equaled or exceeded in a given year (previously known as the 100-year flood event).

1. Assess Critical Facilities Critical facilities must remain accessible and functional before, during and after disasters to meet the jurisdictions Continuity of Government (COG) and Continuity of Operations (COOP) standards, and to support important emergency, government and sheltering functions.

Jurisdictions must identify all critical facilities, assess their vulnerabilities, and evaluate and ensure they are protected to a 0.02% chance (500-year) flood event. Critical facilities that are located in an SFHA and/or have been previously flooded, must be protected against a repeat of that flood or to the 0.02% chance flood event, which ever provides the greater protection.

• The plan must document the name of facility, type of facility, jurisdictional location, and exposure to a 1% (100-year) and 0.02% chance event.

• The plan must document those critical facilities are protected to a 0.02% flood event, or previous worst case flood event. For those that do not meet this level of protection, the plan must include an action to meet or go beyond this criterion or explain why it is not feasible to do so. Going beyond this criterion is optional but may be wise to protect against a future worst case due to climate change.

2. Include Jurisdictional Annexes Jurisdictional annexes provide a unique, stand-alone guide to mitigation planning for each jurisdiction.

The plan must be organized so that there is an annex for every jurisdiction within the county’s borders, including the County.

• The plan must include a table in the Introduction section clearly identifying all jurisdictions and which are seeking FEMA approval.

• The annex for each jurisdiction seeking FEMA approval must include the following:

Contact Information;

Jurisdiction Profile;

Hazard Identification (specific to the jurisdiction);

Hazard Event History;

National Flood Insurance Program (NFIP) Summary (to meet Federal Standards);

Critical Facilities Information (to meet F1);

Jurisdiction/public identified vulnerabilities;

Additional public involvement;

Capabilities Assessment;

Mitigation Strategy:

o All identified previous mitigation activities with current status;

o All proposed mitigation activities (both new and carried forward, to meet F3)

The annex for each non-participating jurisdiction (those not seeking FEMA approval at this time), must include a cover sheet and should include as much information as is available.

3. Develop Mitigation Actions Projects that are well developed and documented in one place are more quickly identifiable for selection when grants become available, making implementation that much more likely.

Within each jurisdictional annex, jurisdictions must develop a minimum of two (2) new or carryover (not started) proposed mitigation actions that include all information requested in the NYS DHSES LHMP Proposed Action spreadsheet. For jurisdictions containing an SFHA, one (1) of these actions must be for a project that addresses flooding.

4. Post Draft Plan Online Allowing the public to comment on the draft plan increases awareness about how mitigation saves lives and reduces risk and allows a final opportunity for public input.

The public must have an opportunity to view and comment on the draft plan prior to submittal.

• The draft plan must be posted in full (except for discretionary sensitive information) on an existing county/jurisdiction website, or one created for the purpose of soliciting comments, for 30 days or the time prescribed by local law, whichever is greater, and the plan must describe efforts made to solicit public comments from potentially underserved areas where residents may not have access to a computer to view the website. The website must clearly identify how the public can comment on the plan, to include either specific contact information to send comments or a user-friendly form or survey.

After NYS DHSES and FEMA Approval

• Once designated Approvable Pending Adoption (APA) or Approved by FEMA, the final plan must be placed on the same website (cited above) in its entirety (except for discretionary sensitive information).

• Final payment will occur only after 50% of the participating jurisdictions have adopted the plan and provided adoption resolutions to NYS DHSES. For county-led hazard mitigation planning efforts, the county must be one of the adopting jurisdictions.

The chart below shows the requirements as they appear on the plan review tool used by NYS DHSES and FEMA Region II to determine whether a submitted plan meets federal and state requirements.

1. REGULATION CHECKLIST

Regulation (44 CFR 201.6 Local Mitigation Plans)

Location in Plan (section and/or page number) Met

Not Met

ELEMENT F. ADDITIONAL STATE REQUIREMENTS – NYS HAZARD MITIGATION PLANNING

STANDARDS

These are required actions for plans developed with NYS DHSES-administered funds.

H1. Do jurisdictions identify critical facilities, assess vulnerabilities, and ensure protection to a 0.02% flood event or worst-case scenario?

H2. Does the plan include an annex for every jurisdiction within the County’s boundaries?

H3. Within each jurisdictional annex, are projects developed in accordance with the NYS DHSES Proposed Projects Table?

H4. Was the draft plan posted for public comment?

Note: The applicant is required to address the 2022 NYS Hazard Mitigation Planning Standards as required actions for a hazard mitigation plan developed with funds administered by NYS DHSES.

ELEMENT H: REQUIRED REVISIONS

Please see opportunities for improvement

Contract C 001001 Attachment A-2: Terms and Conditions for Federally Funded Grants Rev. November 2023

Contract C001001 Attachment A-2

Terms and Conditions for Federally-Funded Grants

The following terms and conditions apply to any contract for which any portion of the funding is derived from a Hazard Mitigation Assistance grant made by the Federal Emergency Management Agency through DHSES. These terms and conditions are in addition to all grant specific terms and conditions specified in the Conditional Letter of Approval provided by FEMA which is attached to the Contract made a part thereof.

GENERAL CONDITIONS

1. PROVISIONS REQUIRED BY LAW DEEMED INSERTED. Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be inserted herein and the contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party the contract shall forthwith be physically amended to make such insertion or correction.

2. STATUTORY AND REGULATORY COMPLIANCE. Subrecipient shall comply with all laws and regulations applicable to the Hazard Mitigation Assistance funds, including but not limited to the applicable Office of Management and Budget Circulars, which may impact the administration of funds and/or set forth certain cost principles, including the allowability of certain expenses.

3. REQUIREMENT FOR SYSTEM OF AWARD MANAGEMENT. Subrecipient shall maintain the currency of its information in the System of Award Management (SAM) until submission of the final financial report required under this award or receipt of the final payment, whichever is later, as required by 2 CFR Part 25 and Appendix II to Part 25.

4. ADMINISTRATIVE, COST, AUDIT AND PROGRAM REQUIREMENTS. The Subrecipient must comply with the most recent version (unless a specific version is noted) of the Administrative Requirements, Cost Principles, and Audit requirements, and to the extent necessary cooperate and maintain information and documentation to allow DHSES to comply with the applicable regulations governing the FEMA-State Agreement. Failure to do so may result in disallowance of costs upon audit. A list of regulations and guidance applicable to United States Department of Homeland Security (DHS) grants is listed below:

a) 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal

Awards

b) 2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher

Education, Hospitals, & other Non-Profit Organizations

c) 2 CFR Part 200 (OMB Circular A-87), Subpart E, Cost Principles

d) 2 CFR Part 220 (OMB Circular A-21), Cost Principles for Educational Institutions

e) OMB Circular A-122, Cost Principles for Nonprofit Organizations

f) 2 CFR Part 200, Subpart F, Audit Requirements

g) OMB Circulars A-94 and A-133

5. HAZARD MITIGATION ASSISTANCE REQUIREMENTS

a) New York State Administrative Plan for the Hazard Mitigation Program

b) Sections 203 (PDM) and 404 (HMGP) of the Stafford Act (42 USC 5121 et seq.)

c) Sections 1323 (RFC), 1361A (SRL), 1366 (FMA) of the National Flood Insurance Act of 1968, as amended (42 USC

4001 et seq.)

d) Section 322 of the Stafford Act and 44 CFR Part 201 (Mitigation Planning)

e) Section 324 of the Stafford Act and 44 CFR Part 207 (Management Costs)

f) National Historic Preservation Act, as amended (54 U.S.C. § 300101 et seq.)

g) Section 106 of the National Historic Preservation act (16 U.S.C. § 470)

Attachment A-2: Terms and Conditions for Federally Funded Grants Rev. November 2023

h) EO 11593: Identification and protection of historic properties

i) Archeological and Historical Preservation Act of 1974 (16 U.S.C. § 469a-1 et seq.)

j) National Environmental Policy Act, as amended (42 U.S.C. § 4321 et seq.)

k) EO 11988: Floodplain Management and EO 11990: Protection of Wetlands (44 CFR Part 9)

l) National Environmental Policy and Environmental Considerations (44 CFR Part 10)

m) Floodplain Management (44 CFR Part 60)

n) Flood Mitigation Grants (44 CFR Part 79)

o) Property Acquisition and Relocation for Open Space (44 CFR Part 80)

p) Hazard Mitigation Grant Program (44 CFR Part 206, Subpart N)

q) 44 CFR Parts 7, 9, 10, 13, 14, 17, 18, 25, 206, 220, and 221, and any other applicable FEMA policy memoranda and guidance documents

r) Federal Acquisition Regulations (FAR) Subpart 31.2, Contracts with Commercial Organizations

s) Other applicable Federal, State, Indian Tribal, and local laws, implementing regulations, and Executive Orders

6. ADVANCE PAYMENTS. DHSES, at its own discretion, may approve advance payments to the Subrecipient.

Subrecipient agrees to expend the advance payments in accordance with the purposes set forth in Attachment C and consistent with Attachment B. Advanced funds must be placed in an interest-bearing account and are subject to the rules outlined in 2 CFR Part 200, (Uniform Administrative Requirements for Grants and Cooperative Contracts to State and Local Governments) and 2 CFR 215 (Uniform Administrative Requirements for Grants and Contracts with Institutions of Higher Education, Hospitals, and Other…