RFP 2025-118-Integrated Web-based Electronic Medical Health Record (EHR)-FINAL.pdf

GENESEE COUNTY

REQUEST FOR PROPOSALS

RFP# 2025-118

Issue Date:

December 11, 2025

Due Date:

January 29, 2026

Prior to 2:00 p.m.

Respond to:

Genesee County

County Building #1

Room 317A

15 Main Street

Batavia, New York 14020

Attention:

Donna Longhini

Director, Purchasing

Integrated Web-based Electronic Medical/Health

Record (“EHR”) and Practice Management System

GENESEE COUNTY PURCHASING DEPARTMENT

RESPONSE CHECKLIST

RFP# 2025-118

The Proposers attention is especially called to the terms listed below, which must be submitted in full as part of this proposal.

Failure to submit any of the documents listed below as a part of your proposal, or failure to acknowledge any addendum in writing with your proposal, or submitting a proposal on any condition, limitation or provision not officially invited in this RFP (Request for Proposals) may be cause for rejection of the proposal.

Please check each item indicating your compliance.

THIS CHECKLIST MUST BE SUBMITTED AS PART OF YOUR PROPOSAL.

__ RESPONSE CHECKLIST

__ PRICING SUBMISSION SHEET (Proposers Own Form)

__ NON-COLLUSION FORM

__PROPOSAL FORM

__REQUIRED FORMS AS LISTED IN RFP

__ADDENDUM(S) ACKNOWLEDGED (IF APPLICABLE)

__ADDITIONAL LITERATURE/BROCHURES - IF APPLIES

__ONE (1) ORIGINAL AND SEVEN (7) COPIES OF PROPOSAL DOCUMENTS

-Please do not submit comb or spiral bound copies-

__VENDOR RESPONSIBILITY FORM

__ IRAN CERTIFICATION FORM

__BIDDERS STATEMENT ON SEXUAL HARASSMENT

__FEDERAL FUNDING AGENCY MANDATORY TERMS AND CONDITIONS

COMPANY TELEPHONE NUMBER

ADDRESS EMAIL ADDRESS

AUTHORIZED REPRESENTATIVE (PRINT) TITLE

AUTHORIZED SIGNATURE DATE

Please read all the information contained in this package.

REQUEST FOR PROPOSALS

Genesee County Purchasing Director is requesting proposals for Integrated Web-based Electronic Medical/Health Record (“EHR”) and Practice Management System.

Specifications may downloaded https://vendors.planetbids.com/portal/71274/portal-home Vendors will need to register before downloading. Questions regarding this proposal may be directed to the Purchasing Office, 1 5 Main Street, Batavia, NY 14020, at 585.344.2550 x2217, Monday through Friday, between 8:30 am and 4:30 pm no later than 12:00 pm on: Thursday, January, 22, 2026.

Sealed proposals must be in possession of Genesee County Purchasing Director, County Building No., 15 Main Street, room 317A, Batavia, New York 14020, no later than Thursday, January, 29, 2026, prior to 2:00 p.m. prevailing time. All proposals shall be accompanied by a non-collusion statement in order to be considered. Late Proposals will be returned, unopened to contractor.

Genesee County reserves the right to forego any formalities and reject any or all bids.

Woman and Minority owned businesses are encouraged to submit.

Genesee County is an equal opportunity employer.

Proposal Timeline

Distribute RFP 12/11/25

Last Date to Accept Questions from Vendors 01/22/26 Noon

Responses Due to Purchasing (Prior to 2:00 pm) 01/29/26

RFP Review, Questions & Demonstration (if requested) to Vendors

02/26/26

Vendor Selection 03/05/26

Legislature Approval (Approximate) TBD

Estimated Contract Start Date 07/01/26 https://vendors.planetbids.com/portal/71274/portal-home

SPECIFICATIONS

SECTION I - BACKGROUND:

The Purchasing Director along with the Genesee County Department of Mental Health is soliciting proposals for the provision of an Integrated Web-based Electronic Medical/Health Record ("EHR") and Practice Management System

The Genesee County Department of Mental Health is comprised of:

o An Office of Mental Health (OMH) licensed outpatient clinic; Care Management; and o Adult and Children's Single Point of Access (SPOA); and Assisted Outpatient Treatment (AOT); and o Administrative support which includes, but is not limited to: scheduling, billing, records, finance; and general office management.

Total claims: 4000-4500 per month

Although each of the programs provide unique services, the Mental Health Department must collectively operate with standardized processes and client records-management practices in order to efficiently share information and provide an appropriate level of client care. In addition, client-based billing information must be coded to meet the various reimbursement requirements established by New York

State, the Federal Government and private insurance companies.

Vendors responding to the RFP are expected to provide examples of projects that demonstrate the successful implementation of an enterprise-level electronic medical records solution designed to integrate various mental health and substance abuse treatment services, programs and client records.

Program staff include the following:

o Prescribers: 3 o Nurses: 3 o Clinical Supervisors: 4 o Clinicians: 16 o Clinical Managers: 2 o Care Managers: 6 o Billing/Finance: 6 o Administration: 3 o Intake Clerks: 9 o Psychologist: 3 o Interns: 4

SECTION II - SCOPE OF WORK:

See Attachment A

SECTION III - PROPOSAL FORMAT

The following is what is expected in each of the major sections of your proposal:

Section A - Introduction:

This section should contain an Executive Summary which demonstrates your understanding of the project goals and objectives to provide the services being requested in this RFP.

Section B - Company Profile and History:

Name, phone number and e-mail address of person the Purchasing Director should contact with any questions on the proposal. The name and title of person submitting the proposal, documentation of vendor history, including capabilities in the areas of services to be provided, number of years in business, number of years doing business in New York State, size and scope of operation. Type of organization (corporation, partnership or sole proprietorship). Indicated individual designated as the account manager for the project and submit a resume for this individual identifying past experience on similar projects.

The Awards Committee reserves the right to interview the individual. A statement indicating the respondent is in good financial standing, not in any form of bankruptcy, current in taxes.

Section C - Vendor Requirements:

Vendor to include compliance to requirements listed within this Request for Proposals. The vendor shall provide the following information with the proposal:

1. Current client list

2. A work plan, including an explanation of the methodology to be followed. In developing the work plan a reference should be made to sources of information.

3. A financial statement attested to by a certified public accountant and bank references.

4. Answer questions in Attachment A of this document directly in the tables provided. You should use this document and answer the questions inline.

When complete, save in PDF along with the rest of the items required in the proposal.

Section D - Required Forms:

Required forms listed in the RFP to be returned with Proposal. Specifically include a signed Proposal, Non-Collusion, Vendor Responsibility, Iran Certification Form and all Addenda vendor signature forms. Also include the insurance and workman's comp/disability certification.

Section E. - Pricing Section:

See Attachment B

Section F - References:

This section shall contain names of at least three (3) contracts in connection with the scope of services listed in RFP. One current; one former; one with 3-5 years’ experience with your organization and representing similar services as requested. (or previously had) with other municipalities or local government agencies within the past five years. Please include company name, address, telephone number and contact person.

Section G - Additional Information:

This section should include additional information the proposer finds would be helpful regarding the proposed service. Identification and explanation of any deviations from the requirements found in the RFP, and any assumptions or conditions relied upon by the vendor in submitting his proposal. (Deviations, conditions or assumptions may be unilaterally rejected by the County, unless in its sole judgment, the vendor has provided reasonably sufficient information to justify such deviations, conditions or assumptions.)

SECTION IV - GENERAL INFORMATION

Submission Deadline:

All proposers must submit one (1) original and Seven (7) copies of the proposal prior to 2:00 pm, Thursday, January, 29, 2026.

Proposals may be mailed or hand delivered to the Genesee County Purchasing Department, County Building 1, 15 Main Street, Room 317A, Batavia, New York 14020. Late proposals will not be opened and will be returned to the contractor. Emailed or fax copies are not acceptable.

Demonstration Review Committee:

If a demonstration is requested the following committee will observe:

Director of Community Services Deputy Director Clinical Director Mental Health Financial Program Specialist Clinical Supervisor Electronic Health Records Program Specialist Intake Clerk Registered Nurse Care Manager Prescriber

IT Director and/or IT Representative Medical Biller

Award Decisions:

An Awards Committee including the following individuals:

Director of Community Services IT Director and/or IT Representative Clinical Director Mental Health Financial Program Specialist Deputy Director Electronic Health Records Program Specialist Clinical Supervisor

Approval by designated committee will be followed by Legislature approval, with contract awarded by Genesee County Resolution.

Award shall be made to the vendor whose proposal is determined to be in the best interest of Genesee County based upon the evaluation of references, the award criteria and interviews, if conducted.

Applicants may be called in by the Purchasing Director for an interview/demonstration.

Genesee County reserves the right to conduct or waive interviews/demonstrations. Price will not necessarily be the determining factor in the award of the contract. All proposals will be evaluated to determine if they meet the required format and be in compliance with all requirements of the Request for Proposals.

Incomplete or non-responsive proposals may be rejected at the discretion of Genesee County.

The following criteria will be utilized in the evaluation of qualifications for developing the list of candidates to be considered for interviews and/or potential negotiations. The following criteria are NOT listed in order of importance.

Principal Award Criteria: (Based Upon 100 Points)

The Genesee County Purchasing Director or Designee may arrange for an interview with vendors submitting proposals, if required, for the purpose of obtaining additional information or clarification. Proposers must be prepared to make one or more interviews and may be required to make presentations prior to award of contract. Proposers must comply with this request or be disqualified.

Experience and success in providing similar services as evidenced in proposal and via references

15 pts.

Qualifications of personnel assigned to this project 10 pts.

Demonstrated ability of the proposed solution (application and series including conversion) to satisfy the functional requirements defined in the RFP

25 pts.

Availability of personnel, facilities, equipment, and other resources 10 pts.

Initial installment/training and on-going support services outlined in proposal and record of same

2 O pts.

Proposed pricing and payment structure 15 pts.

Responsiveness, completeness and thoroughness of vendor’s submitted work plan;

demonstrated understanding of the County’s needs and requirements

5 pts.

Proposers are advised that, if in the event of receipt of an adequate number of proposals which, in the opinion of the Genesee County Purchasing Director, require no clarifications and/or supplementary information, such proposals may be evaluated without further discussion. Hence, proposals should be submitted complete and represent the Vendor’s “best offer.”

Genesee County reserves the right to reject any and all proposals and to waive minor irregularities. Genesee County further reserves the right to seek new proposals when such a procedure is reasonably in the best interest of the County to do so.

Contract Term This contract is estimated to take effect July 1, 2026, with the successful provider being expected to begin service at full levels as of that date. The contract will continue through June 30, 2031.

The contract may then be renewed for THREE (3) additional one (1) year periods upon mutual, written consent of both parties and in the best interest of Genesee County.

Vendor Acknowledgements:

By submitting a proposal to provide and perform services sought by Genesee County, each proposer:

1. Represents and acknowledges the proposer has examined and is familiar with this RFP and all its specifications and requirements.

2. Represents and acknowledges the proposer can furnish the materials, equipment and/or services required satisfactorily and in complete compliance with the specifications.

3. Acknowledges that neither the County nor any agent or representative of the County have made any representation or promise on which the proposer has relied regarding the services covered by this request for proposal, or any matter or thing whatsoever relating thereto or otherwise, except as set forth.

Inquiries:

Questions relating to this RFP may be directed to:

Donna Longhini Director, Purchasing 15 Main Street Batavia, NY 14020

585.344.2550 ext. 2217 Donna.Longhini@geneseeny.gov

Last Date for Questions:

Final date for written questions is Noon, Thursday, January 22, 2026. All questions about the meaning or intent of the specifications must be submitted in writing via email. Vendors shall provide their email address for response. Any questions the County feels are pertinent to all proposers will be distributed as an addendum to the RFP and posted on PlanetBids. Only questions answered by formal written Addenda will be binding. Please place the title of the RFP in the subject line when sending an email.

Proposal Format:

· Proposals must be submitted using the forms included in these specifications and any addenda that may be issued.

· Proposals must be accompanied by a signed Proposal Form and signed Non- Collusion Statement.

· Forms can be found in these specifications.

· One (1) original and SEVEN (7) COPIES of the proposal package must be provided.

· Read all documents contained in the proposal package.

· Proposers are responsible for submitting their proposals to the Genesee

County Purchasing Department, 15 Main Street, Room 317A, Batavia, NY 14020 at or prior to the time indicated in the bid package. No proposals will be accepted after the designated time indicated in the proposals package.

Proposals are due prior to 2:00 pm on Thursday, January, 29, 2026.

· Facsimile or emailed copies are NOT acceptable. Bids/RFP responses must be delivered to Purchasing Office before stated deadline to be considered.

· Proposers are responsible for reporting, in writing, any errors found in the bid specifications to the Genesee County Purchasing Director, 15 Main Street, Batavia, NY 14020.

· Bidders shall indicate on the outside of their sealed bid the following information:

a. Title of RFP and RFP Number

b. Date and Time of RFP Opening

c. Company Name

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

Non-Collusion Statement:

A signed Non-Collusion Statement shall be returned with your proposal.

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 to the Vendor as non-responsive.

The Vendor is responsible for the delivery of the proposal. If the proposal is delivered to the wrong county office, by any delivery method, the Vendor bears the responsibility.

Delivery of the proposal to the specified location at the prescribed time and date is the sole responsibility of the Vendor.

The County employee whose duty it is to receive proposal documents will decide when the specified time has arrived and no proposal received thereafter will be accepted.

Invoicing/Payment:

Payment will be made forty five (45) days or less after receipt of invoice.

Completeness and Accuracy of Bid Documents:

The County of Genesee shall not be held responsible for the completeness or accuracy of any bid documents received by a vendor that were not directly issued to that vendor by the Genesee County Purchasing Department.

Any vendor 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 Genesee County Purchasing Department.

It is HIGHLY suggested that all vendors interested in participating in this solicitation, contact the Genesee County Purchasing Department directly at the above address

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

or telephone number to assure they have received the most accurate and up to date material concerning this contract.

Release of Information:

The County does not offer or supply anyone the list of people that have obtained a copy of the RFP scope of services or cost estimates for the project prior to the opening of the

RFP. NO EXCEPTIONS ARE MADE TO THIS POLICY.

Pricing:

Each price listed in the proposal will include any and all expenses involved in the furnishing and installation of goods and services covered under these specifications. Each proposal price will exclude any and all taxes. Governmental entities are tax-exempt under State law.

Price adjustments, if necessary, will be acceptable upon proper documentation, at the time of contract renewal only.

References:

Provide a minimum of three (3) references that relate to the services we require. Please include as many of the following as you can, including name, contact person and telephone numbers for all references:

(a) Any current customer - Individual or organization;

(b) Any former customer;

(c) A customer with 3 - 5 years’ experience with your organization;

(d) Any customers representing similar services as requested.

Clarification of Proposal Information:

Genesee County reserves the right to request verification, validation or clarification of any information contained in any of the proposals. This clarification may include checking of references and securing other data from outside sources, as well as from the Vendor.

Reference to Other Materials:

The Proposer cannot compel Genesee County to consider any information except that which is contained in its proposal, or which is offered in response to a request from the County. The Proposer should rely solely on its proposal. The County, however, reserves the right, in its sole discretion, to take into consideration its prior experience with proposers and information gained from other sources.

Altering Proposal:

Proposals cannot be altered or amended after submission deadline. Any interlineations, alteration or erasure made before opening time and date shall be initialed by the signer of the proposal, guaranteeing authenticity. Proposals must be submitted in ink or typewritten. Penciling will not be accepted.

Amendment of Proposal:

A Proposal may not be amended. However, a Proposal may be withdrawn and resubmitted pursuant to (Withdrawal of Proposal) section above.

Withdrawal of Proposal:

A proposal may be withdrawn at any time prior to the submittal deadline. A Proposal may be withdrawn and resubmitted at any time prior to the submittal deadline. No proposal may be withdrawn after the submittal deadline without the consent of Purchasing which may be withheld by Purchasing in its absolute discretion.

Opening of Proposals:

Under the Request for Proposals process, sealed offers will be received and opened in the Office of the Purchasing Director. Each proposal will be checked to determine if it is complete and meets the requirements of this Request for Proposals. At and after opening, proposals will NOT be part of the public record and subject to disclosure, but will be kept confidential until after award. When such award is completed, proposals will be available for public inspection.

Cost for Proposal Preparation:

Any and all costs incurred by a firm in preparing or submitting proposals are the proposer's sole responsibility. Genesee County will not reimburse any proposers for the

Proposal Subject to Disclosure:

During the evaluation process, the content of each proposal will be held in confidence and details of any proposal will not be revealed (except as may be required under the Freedom of Information Law or other State law). The Freedom of Information Law provides for an exemption from disclosure for trade secrets or information the disclosure of which could cause injury to the competitive position of commercial enterprises. This exception would be effective both during and after the evaluation process.

Should you feel your firm's proposal contains any such trade secrets or other confidential or proprietary information, you must submit a request to except such information from disclosure. Such request shall be in writing, shall state the reasons why the information should be accepted from disclosure, shall be provided at the time of submission of the subject information and in the same envelop as the proposal. The proprietary or confidential data must be readily separable from the proposal in order to facilitate eventual public inspection of the non-confidential portion of the proposal.

Requests for exemption of the entire contents of a proposal from disclosure have generally not been found to be meritorious and are discouraged. Kindly limit any requests for exemption of information from disclosure to bona fide trade secrets or specific information, the disclosure of which would cause a substantial injury to the competitive position of your firm.

Genesee County cannot guarantee the confidentiality of any information submitted.

costs incurred preparing proposal, preparing or submitting additional information requested by the County, or for the participation in a selection interview

Elaborate Proposals:

Elaborate proposals in the form of brochures or other presentations beyond that necessary to present a complete and effective proposal are neither required nor desired.

Right to Submitted Materials:

All responses, inquiries, or correspondence relating to or in reference to this RFP, and all other reports, charts, display, schedules, exhibits and other documentation submitted by the proposers, will become the property of the County when received.

Minimum Conditions for Consideration:

To be considered, the proposer must, at a minimum, respond to the full scope of services specified in this RFP. The vendor may provide suggested additions, enhancements or improvements to the scope of services, which, at the discretion of the County, may or may not be considered.

Genesee County reserves the right to:

1. Reject any and all proposals received in response to this RFP;

2. Reject the proposal of a vendor who has previously failed to perform properly;

3. Select proposals for contract award or for negotiations, other than those with the lowest price;

4. Negotiate as to any aspect of the proposal with any vendor.

5. Waive any technical or formal defect in the proposals that is considered by Genesee

County to be merely irregular, immaterial, or unsubstantial.

Award of Contract:

Award of contract will be made following review of responses by the Award Committee;

approval by designated committee followed by the Legislature approval, with contract awarded by Genesee County Resolution.

Contract Development:

If the County accepts a proposal, the County of Genesee intends to enter into a contractual agreement with the vendor providing the proposal which best meets the needs and requirements of the County. The content of the Request for Proposals and the successful proposal submitted will become an integral part of the contract, but may be modified by provisions of the contract upon mutual agreement.

Exception:

Any exception taken by the Vendor to the requirements and conditions of the specifications must be stated and described in detail as a part of the proposal. If no exceptions or deviations are identified in this manner, the item must be furnished exactly as described herein.

Advertising:

In submitting its proposal, the Proposer agrees not to use the results there from as a part of any news release or commercial advertising without written approval of the County.

Addenda:

Genesee County may, at any time by written notifications to all vendors, change any portion of the Proposal described and detailed herein. These changes will be communicated to the vendors in the form of Addenda. Copies of addenda will be posted on the PlanetBids portal: https://vendors.planetbids.com/portal/71274/portal-home No Addenda will be issued later than forty-eight hours prior to the date and time for the receipt of offers, except an addenda withdrawing the Proposal or addenda for postponement of the Proposal due date/time.

Venders shall ascertain prior to submitting their bid they have received all Addenda's issued and the acknowledge receipt of Addenda by the return of the signed Addenda form(s) with the Proposal response. It is the responsibility of the Vendor to check the PlanetBid page for Addenda which may be issued on this Proposal.

Registration, Downloading, Addenda From Purchasing Web Site:

You must register with PlanetBids before you download either a RFP or Addendum.

Vendors are exclusively responsible for the downloading Addendums from the web site. It is imperative to check PlanetBid Purchasing System web page frequently right up to the RFP closing date. By submitting a proposal a vendor waives any claims related to the failure to keep so apprised.

Alternate Proposals:

An alternate proposal is viewed by Genesee County as a proposal describing an approach to accomplishing the requirements of the RFP which differs from the approach set forth in the solicitation.

An Alternate proposal may also be a second proposal submitted by the same proposer which differs in some degree from its basic or prime approach.

Alternate proposals may address the technical approach or other provision or requirements set forth in the solicitation.

Genesee County will, during the initial evaluation process, consider all alternate proposals submitted. Genesee County reserves the right to reject any and all alternate proposals should it be in the best interest of the County.

Reminder: It is the vendor's sole responsibility to verify the Proposal submittal includes any or all addenda.

https://vendors.planetbids.com/portal/71274/portal-home

Governing Law:

All contractual agreements shall be subject to, governed by, and construed according to the laws of the State of New York.

Independent Contractor It is understood the contractor is an independent contractor and shall not be considered an agent of the County, nor shall any of the contractor's agents or employees be considered subagents for the County.

Disqualifications:

Genesee County reserves the right to disqualify any company upon convincing evidence of collusion with intent to defraud and to commit any other illegal practices on the part of the firm. Failure to comply with requests for insurance or bonding may also be grounds for disqualification. Genesee County reserves the right to reject any and all proposals, to waive all technicalities and irregularities, and to make the award considered to be in the best interest of the County.

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 65-a of the State finance law.

Corporate Compliance:

Contractors are subject to the County’s Compliance Program to the extent that the contractors are affected by the County’s Compliance risk areas within the scope of their contracted authority and affected compliance risk areas.

Vendor failure to adhere to Genesee County’s Compliance Program could result in termination of the contract as per County’s Terms and Conditions.

Certifications of Insurance/Workers' Compensation/Disability:

The vendor shall provide current Certificates of Insurance, Workman's

Compensation/Disability as described in the attached Insurance Certification Form.

Proof of Worker' Compensation coverage is NOT acceptable when listed on the Insurance

Acord. Please see further instructions on Workers' Compensation included with this bid.

COUNTY OF GENESEE

Purchasing Department

15 Main Street Batavia, New York 14020

GENERAL TERMS AND CONDITIONS FOR

PROPOSALS

1. Each Proposal response shall be enclosed in a sealed envelope and must be mailed or delivered so as to be received prior to the time set in the advertisement for the deadline. If the Proposal is a physical submission, the sealed envelope shall have the information noting the service and date and time of deadline. This information must be affixed to the outermost packaging to be easily identified by purchasing personnel as a sealed Proposal.

2. Proposal shall be submitted on Genesee County RFP Forms, unless otherwise indicated in the RFP specifications, or Proposal will not be considered. Proposal must be typed or printed in ink. Original autograph signatures in ink are required.

3. Any change in wording or interlineation by Respondent of the inquiry as published by the County of Genesee shall be reason to reject the Proposal of such Respondent, or in the event that such change in the RFP is not discovered prior to entering into contract, to void the contract entered into pursuant to such RFP.

4. AWARDS. The contract may be awarded to the lowest responsible and responsive bidder complying with the provisions of the Request for Proposals. In determining whether a Proposal is lowest and responsive, and the proposer responsible, the following may be considered by the County: a) Ability to perform the service required within the specified time; b) Reputation, judgment and experience; c) The quality of performance in previous contracts; d) Previous compliance with laws, as well as employment practices; e) Financial ability to perform the contract; f) The quality, availability and adaptability of the supplies or the contractual services to the particular use required; g) Ability to provide maintenance and service; h) Whether the bidder is in arrears to the County, in debt on contract, is a defaulter on surety to the County or whether the bidder's taxes or assessments are delinquent; i) The resale value and life cycle costs of the items; j) Such other information as identified in the Request for Proposal and the Genesee County Purchasing Policy Manual having bearing on the decision to make the award. The County reserves the right to reject any and all Proposals and to waive any informality in Proposals received whenever such rejection or waiver is in the interest of the County. The County also reserves the right to reject the Proposal of a proposer who has previously failed to perform properly. The County may award contracts by line item, category, or on an all or none basis.

5. Respondents are to furnish all information requested in the spaces provided on the RFP forms.

Further, as may be specified elsewhere, each Respondent must submit with their Proposal cuts, sketches, descriptive literature, and/or complete specifications covering the products offered.

Reference to literature submitted previously does not satisfy this provision. Proposals in non-compliance with these requirements will be subject to rejection.

6. This Executor Clause shall be a part of any agreement entered into pursuant to the Request for

Proposal procedure:

It is understood by the parties that the agreement shall be executory only to the extent of the monies available to the County of Genesee and appropriated therefore, and no liability on account thereof shall be incurred by the County beyond the monies available and appropriated for the purpose thereof.

7. No taxes are to be billed to the County of Genesee. Proposals shall not include any Federal, State, or local excise, sales, transportation, or other tax, unless Federal or State law specifically levies such tax on purchases made by a political subdivision.

8. The successful Respondent shall comply with all laws, rules, regulations, and ordinances of the Federal

Government, the State of New York and any other political subdivisions or regulatory body which may apply to its performance under this contract.

9. The successful Respondent to whom a contract is awarded shall indemnify and hold harmless the County of Genesee and its agents and employees from and against all claims, damages, losses or causes of action arising out of or resulting from such vendor’s performance pursuant to an RFP.

10. The successful Respondent to whom a contract is awarded shall not assign, transfer, convey, sublet or otherwise dispose of a contract or the successful Respondent’s right, title or interest therein, or the successful Respondent’s power to execute such contract to any other person, firm or corporation without the express prior written consent of Genesee County, in accordance with New York State General Municipal Law, Section 109.

11. A Proposal submitted is firm and irrevocable for a period of forty five (45) days from the date and time of the RFP deadline. If a contract is not awarded within the forty five (45) day period, a Respondent to whom the RFP has not been awarded may withdraw his Proposal by serving written notice of his intention to the County of Genesee. Upon withdrawal of the Proposal, pursuant to this paragraph, the County of Genesee will forthwith return the Respondent’s security deposit (if applicable).

12. The base Proposal shall remain firm and any other charges proposed shall also remain firm, for delivery of services or goods described in the RFP.

13. Any contract entered into pursuant to an RFP may be terminated at any time, without cause, during the term of the contract by Genesee County through notification in writing to the other party via certified mail of the desire to cancel. Such notice shall be serviced not less than ninety

(90) days prior to the desired termination date.

14. In executing an RFP, the Respondent affirms that all of the requirements of the specifications are understood and accepted by the Respondent, and that the prices quoted include all required materials and services. The County will not be responsible for any errors or omissions on the part of the Respondent in preparing their Proposal. In case of error in extension of prices in the Proposal, the unit price will govern.

15. Manufactured items and/or fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation involving a connection to a manufactured, natural, or LP gas source shall be constructed and approved in accordance with any State and local requirements for labeling or re-examination listing or identification marking of the appropriate safety standard organization, such as the American Society of Mechanical Engineers for pressure vessels, the Underwriters’ Laboratories and/or National Electrical Manufacturers’ Association for electrically operated assemblies, or the American Gas Association for gas operated assemblies. Further, all items furnished by the successful Bid/Respondent shall meet all requirements of the Occupational Safety and Health Act (OSHA) and State, local and federal requirements relating to clean air and water pollution.

“The NYS Right to Know Law and the OSHA Hazard Communication Standard (29CFR 1920.1200 - Revised August 24, 1987) require that Manufacturers prepare and submit to the County of Genesee a Material Safety Data Sheet for any product(s) that have been evaluated and determined to contain hazardous substances. (PLEASE SUBMIT WITH INITIAL SHIPMENT AN APPROPRIATE MATERIAL

SAFETY DATA SHEET FOR EACH PRODUCT, WHERE APPLICABLE)”

16. Samples may be requested as a part of the solicitation or after the opening of Bid/RFPs. When requested, they are to be furnished as called for, free of expense, and if not destroyed will upon request be returned at Respondent’s expense. Respondent’s request for return of samples must be made no later than the date on which they are furnished. Respondent shall label each sample individually with their name and item number.

17. The Respondent shall be fully accountable for his or its performance under an RFP, or any contract entered into pursuant to an RFP, and agreed that the Respondent, or its officers, will answer under oath all questions relevant to the performance thereof and to any transaction, act or omission had, done or omitted in connection therewith if called before any Judicial, County or State officer or agency empowered to investigate the contractor or the contractor’s performance.

18. All Proposals must be accompanied by a duly executed Non-Collusion Statement in order to be considered.

19. The apparent silence of this specification as to any details or the omission from it of a detailed description concerning any point shall be interpreted as meaning only the best commercial practices are to prevail and that only materials and workmanship of the first quality are to be used. It is understood and agreed that any item offered or furnished shall be new, in current production and in first class condition, that all containers shall be new and suitable for storage or shipment, and that prices include standard commercial packaging.

20. In the event any Governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship or performance of any item offered on this RFP prior to delivery, it shall be the responsibility of the successful Respondent to notify the County of Genesee at once, indicating in his letter the specific regulation which requires such alterations. The County reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the contract.

21. Discrimination - The successful Respondent agrees:

(A) That in the hiring of employees for the performance of work under this contract, no contractor, nor any person acting on behalf of such contractor, shall by reason of race, creed, color, sex, national origin, age, disability, marital status, Military Veteran status or arrest record, discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates. Genesee County is an Equal Opportunity Employer.

(B) That no contractor, nor any person on his behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance or work under a contract on account of race, creed, color, sex, national origin, age, disability, marital status or Military Veteran status.

(C) That a contract may be canceled or terminated by the County of Genesee and all monies due, or to become due, may be forfeited for a violation of the terms and conditions of a contract.

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

23. Requests for interpretation of specifications should be addressed in writing, or orally, to Purchasing personnel and must be received prior to the date fixed for the RFP deadline. Any and all interpretations and supplemental instructions will be made in the form of written addenda to the specification. The County will make every reasonable effort to notify specification holders when and addendum is issued, and all addenda will be available for inspection at least twenty-four (24) hours prior to an RFP deadline (except notices of RFP postponement or cancellation, which may be made up the scheduled RFP opening time). Failure of any Respondent to receive such addendum shall not relieve such Respondent from any obligation under the Proposal as submitted. Any and all addenda shall become part of the RFP and contract.

24. If requested in writing by the County of Genesee, Respondent must present within forty-eight (48) hours, satisfactory evidence of the ability to perform and possession of the necessary facilities, personnel, experience, monetary resources and insurance to comply with specifications and otherwise provide the County with sufficient grounds to believe that it is likely, beyond a reasonable doubt, that the Respondent can provide the commodities and/or service(s) specified.

25. The successful Respondent(s) shall be notified by means of a contract award letter and/or purchase order that the Proposal has been accepted. The mailing of either award letter or a valid purchase order shall constitute a contract between Genesee County and the successful Respondent(s).

26. When required by Genesee County, the successful Respondent shall execute a standard form

Agreement with Genesee County which incorporates all the terms and conditions of the contract between the parties. Such Agreement shall be executed within fourteen (14) days of notification, by which time the contractor shall also have supplied all required bonds and insurance.

27. A contract resulting from RFP solicitation will constitute the entire and integrated Agreement between the parties. No other terms or conditions will become part of an Agreement unless they are approved in writing by both parties and attached to an Agreement or Addendum. Additional terms and conditions must be included with the proposal, prior to the submission deadline.

28. Payments will be made by the County after goods and/or services have been rendered and are complete. Payment will be made upon submittal of a complete invoice. If a Purchase Order is required, the Purchase Order must also be properly completed and submitted with invoice to insure payment.

Any claim against the contractor may be deducted by the County from any money due him in the same or other transactions. Any delivery of product or service which does not meet the requirements of the contract may be rejected or accepted on an adjusted price basis as determined by the County. In any case where a question of non-performance of a 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.

29. Any bond(s) and/or insurances required must be on a form acceptable to Genesee County, and must be issued only by companies licensed to do business in New York State by the New York State Commissioner of Insurance. Insurance policies must name Genesee County as “Additional Insured”.

Certified checks or standard form letters of credit may be submitted in lieu of a bond, subject to acceptance by Genesee County as to sufficiency and form.

30. Genesee County, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat.

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

31. By submission of this Proposal, each bidder and each person signing on behalf of any Proposer certifies, and in the case of a joint Proposal each party thereto certifies as to its own organization, under penalty of perjury, that the Proposer 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 two hundred one-g of the NYS labor law. A model policy and training has been created by the NYS

Department of Labor and can be found here: https://www.ny.gov/programs/combating-sexual-harassment-workplace

32. Awarded vendor shall agree to indemnify and hold harmless the County of Genesee and its agents, employees and volunteers against all claims arising or resulting from work performed, materials handled and services rendered or to be rendered to the County of Genesee under any contract or agreement executed by the County of Genesee and the vendor.

33. Unless the Respondent specifically notes otherwise, a Proposal shall be to furnish all items/services exactly as specified, in complete conformance to all terms, conditions and specifications. Any exception proposed by a Respondent must be clearly noted in unambiguous writing and submitted with the Proposal before the RFP deadline. Unless otherwise specifically noted, the County will execute a contract based solely on its terms, conditions and specifications.

34. The complete legal name of the firm or corporation shall be used when executing RFP documents.

Do not abbreviate. If a corporation, use the name as it appears on the corporate seal.

35. Any manufacturer’s names, trade names, brand names, information and/or catalog numbers used within an RFP are for the purpose of description and establishing general quality levels. Such references are not intended to be restrictive and equivalent products of any manufacturer may be offered.

Determination of equivalency shall rest solely with the County.

36. Safety Procedures - A vendor who contracts with Genesee County agrees to adopt and utilize the safety policies and programs of the County of Genesee in the performance of its contract with the County and to abide by its terms. Where applicable, the contractor shall acknowledge a copy of the safety policies and programs of Genesee County. The contractor shall not deviate from said policies and programs or substitute its own safety program unless approved by the supervisor of the department for whom the services are being performed, said supervisors being so designated in the contract document.

37. In the event any item or items in this bid are made available to the County on a New York State

Government contract at a unit price lower than that price on which award was made to the low bidder, the County reserves the right to purchase at the lower price under the NYS Government contract.

38. Community Development Block Grant (CDBG) Funded Purchases:

Genesee County fully embraces the spirit and intent of Section 3 and sets forth the development and publication of policies and procedures in accordance therewith. Such policies are applicable to contractors, subcontractors and others engaged in projects funded through the Genesee County with CDBG funds. Subsequent executed contracts with contractors and subcontractors are required to create and implement a Section 3 Plan. All Section 3 covered contracts and subcontracts shall include the Section 3 Clause set forth at 24 C.F.R. §135.38 as set forth below:

A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall, to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing.

B. The parties to this contract agree to comply with HUD's regulations in 24 C.F.R. part 135, which implement Section 3. As evidenced by their execution of this contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 135 regulations.

C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice http://www.ny.gov/programs/combating-sexual-harassment-workplace http://www.ny.gov/programs/combating-sexual-harassment-workplace advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice.

The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin.

D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 C.F.R. part 135 and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 C.F.R. part 135. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 C.F.R. part 135.

E. The contractor will certify that any vacant employment positions, including training positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 C.F.R.