GENESEE COUNTY

REQUEST FOR PROPOSALS

RFP# 2026-101

Issue Date:

January 7, 2026

Due Date:

February 5, 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

TWO-WAY RADIO PROGRAMING AND FIRMWARE

UPDATING

GENESEE COUNTY PURCHASING DEPARTMENT

RESPONSE CHECKLIST

RFP# 2026-101

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.

***NOTE: ALL DOCUMENTS SHOULD BE SUBMITTED IN THE ORDER OF THE

CHECK LSIT. ALL ADDITIONAL ATTACHEMTNS SHOULD FOLLOW THE

REQUIRED DOCUMENTS.

__ RESPONSE CHECKLIST

__ PRICING SUBMISSION SHEET (Proposers Own Form)

__ PROPOSAL FORM

__ NON-COLLUSION FORM

__ VENDOR RESPONSIBILITY FORM

__ IRAN CERTIFICATION FORM

__ BIDDERS STATEMENT ON SEXUAL HARASSMENT

__ ADDENDUM(S) ACKNOWLEDGED (IF APPLICABLE)

NA FEDERAL FUNDING AGENCY MANDATORY TERMS AND CONDITIONS

__ ADDITIONAL LITERATURE/BROCHURES - IF APPLIES

__ ONE (1) ORIGINAL AND THREE (3) COPIES OF PROPOSAL DOCUMENTS

__ REQUIRED FORMS AS LISTED IN RFP

-Please do not submit comb or spiral bound copies-

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 TWO-WAY RADIO

PROGRAMING AND FIRMWARE UPDATING

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 29, 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, February 5, 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 1/7/2026

Last Date to Accept Questions from Vendors 1/29/2026 Noon

Responses Due to Purchasing (Prior to 2:00 pm) 2/5/2026

RFP Review & Questions to Vendors 2/11/2026

Vendor Selection 2/17/2026

Legislature Approval (Approximate) 2/25/2026

Contract Start Date Expected start date is

March 1, 2026 https://vendors.planetbids.com/portal/71274/portal-home

Attachment B

Proposal Pricing

Pricing shall be for the entire project and shall be a “turnkey” solution. For the purpose of this RFP, the term “turnkey” signifies that the contractor is responsible for delivering a complete, operational solution that is ready for use, meaning the contractor handles all aspects from beginning to end and assumes full responsibility for the project's completion.

Additional work outside of this RFP must be identified and agreed to by County and Contractor before work is to be performed.

3/1/2026-2/28/2027: $_________________

Note: This form, signed and dated must be included with your proposal submission. Please attach an outline of your proposed fee structure.

The undersigned understands and agrees that he/she will furnish and provide all the necessary staff, services, and other items of whatever nature, and to do and perform all the work necessary under the aforesaid conditions, to carry out the contract and to accept in full compensation therefore the amount of the contract as agreed to by the

Contractor and Genesee County.

Legal name of firm/corporation Authorized Signature (In BLUE ink)

Address Typed Name

City/State/Zip Title

Date Telephone No.

Federal ID Number Email Address

PROPOSAL

TWO-WAY RADIO PROGRAMING AND FIRMWARE UPDATING

TO: Donna Longhini, Purchasing Director, Genesee County;

THE UNDERSIGNED PROPOSES TO PROVIDE THE GOODS AND SERVICES

required as set forth in the referenced Request for Proposal. The successful 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 referenced specifications. I certify that I am authorized to sign this proposal, myself or the company or firm I represent, to a contract with Genesee County. This signed proposal will become part of a binding contract after award by the Genesee County Legislature to the successful bidder.

Legal name of firm/corporation Authorized Signature (IN BLUE INK)

City/State/Zip Title

Date Telephone No. Fax No.

Federal ID Number Email Address

DO NOT WRITE BELOW THIS LINE (FOR COUNTY USE ONLY)

CHAIRPERSON, GENESEE COUNTY LEGISLATURE

RESOLUTION NO.

DATE

YOU SHALL RETURN THIS FORM WITH YOUR PROPOSAL

NOTE: By signing and submitting the proposal form for consideration by

Genesee County Legislature the Contractor acknowledges they have read, understood, and agree to all aspects of the specifications as presented without reservation or alteration.

NON-COLLUSION FORM

By submission of this bid , each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief:

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.

In compliance with his 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 (IN BLUE INK)

City/State/Zip Title

Date Telephone No. Fax No.

YOU SHALL RETURN THIS FORM WITH YOUR PROPOSAL

Vendor Certification

As of January 1, 2005, the Office of the State Comptroller is requiring that governmental agencies award contracts only to vendors that have been certified as "responsible." Vendor responsibility means that a vendor has the integrity to justify the award of public dollars and the capacity to fully perform the requirements of the contract. It is a contracting agency's responsibility, under Section 63 (9) of the State Finance Law (SFL), to evaluate and make a determination of the responsibility of a prospective contractor. A responsibility determination, wherein the contracting agency determines that it has reasonable assurances that a vendor is responsible, is an important part of the procurement process, promoting fairness in contracting and protecting a contracting agency and the State (as well as the

County) against failed contracts.

The following factors are to be considered in making a responsibility determination:

1. Legal Authority to do business in New York State

2. Integrity

3. Capacity - both organizational and financial

4. Previous performance

Please complete the enclosed Vendor Responsibility Questionnaire. The completed

Questionnaire shall be returned with your bid submission in order for your bid to be ruled responsive.

Additional information concerning vendor responsibility, including electronic versions of forms, may be found at the Office of the State Comptroller's (OSC) website:

http://www.osc.state.ny.us/vendrep

Overview on Executive Order #127 May be Accessed:

http:llwww.ogs.state.ny.uslaboutOgslregulationslprocurementloverview.html http://www.osc.state.ny.us/vendrep http://www.ogs.state.ny.uslaboutogslregulationslprocurementloverview.html/ http://www.ogs.state.ny.uslaboutogslregulationslprocurementloverview.html/

Vendor Responsibility Form

Within the past five (5) years has your firm, any affiliate, any predecessor company or entity, owner, director, officer, partner or proprietor been the subject of:

A. an indictment, judgment, conviction, or a grant of immunity, including pending actions, for any business related conduct constituting a crime under governmental law?

ANSWER ALL QUESTIONS

YES NO

B. a government suspension or debarment, rejection of any bid or disapproval of any proposed subcontract, including pending actions, for lack of responsibility, denial or revocation of prequalification or a voluntary exclusion agreement? YES NO

C. any governmental determination of a violation of any public works law or regulation, or labor law or regulation, or any OSHA violation deemed "serious or willful?" YES NO

D. a consent order with NYS Department of Environmental

Conservation, or a governmental enforcement determination involving a construction-related violation of federal, state, or local environmental laws? YES NO

E. a finding of non-responsibility by a governmental agency or Authority for any reason, including but not limited to the intentional provision of false or incomplete information as required by Executive Order 27? YES NO

If yes to any of above, please provide details regarding the finding.

ENTITY MAKING FINDING:

YEAR OF FINDING:

BASIS OF FINDING:

(Attach Additional Sheets if Necessary)

SECTION: IRANIAN ENERGY SECTOR DIVESTMENT

1. Contractor/Proposer hereby represents that said Contractor/Proposer is in compliance with New York State General Municipal Law Section 03-g entitled

"Iranian Energy Sector Divestment", in that said Contractor/Proposer has not:

(a) Provided goods or services of $20 Million or more in the energy sector of

Iran including but not limited to the provision of oil or liquefied natural gas tankers or products used to construct or maintain pipelines used to transport oil or liquefied 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.

2. Any Contractor/Proposer who has undertaken any of the above and is identified on a list created pursuant to Section 65-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 03 of the New York State General

Municipal Law.

3. Except as otherwise specifically provided herein, every Contractor/Proposer submitting a bid/proposal in response to this Request for Bids/Request for

Proposals must certify and affirm the following under penalties of perjury:

(a) "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 NYS Finance Law Section 65-a (3)(b)."

4 Except as otherwise specifically provided herein, any Bid/Proposal that is submitted without having complied with subdivision (a) above, shall not be considered for award. In any case where the Bidder/Proposer cannot make the certification as set forth in subdivision (a) above, the Bidder/Proposer shall so state and shall furnish with the bid a signed statement setting forth in detail the reasons therefore. The County reserves its rights, in accordance with General

Municipal Law Section 03-g to award the Bid/Proposal to any Bidder/Proposer who cannot make the certification, on a case-by-case basis under the following circumstances:

(1) The investment activities in Iran were made before April 2, 2012, the investment activities in Iran have not been expanded or renewed after

April 2, 2012, and the Bidder/Proposer has adopted, publicized and is implementing a formal plan to cease the investment activities in Iran and to refrain from engaging in any new investments in Iran; or

(2) The County of Genesee has made a determination that the goods or services are necessary for the County to perform its functions and that, absent such an exemption, the County of Genesee would be unable to obtain the goods or services for which the Bid/Proposal is offered. Such determination shall be made by the County in writing and shall be a public document.

5. Bidder or Proposer shall sign, notarize and return the enclosed (attached)

"Certification of Compliance with the Iran Divestment Act" form with your bid or proposal.

CERTIFICATION OF COMPLIANCE WITH THE IRAN DIVESTMENT ACT

As a result of the Iran Divestment Act of 2012 (the “Act”), Chapter 1 of the 2012 Laws of New York, a new provision has been added to State Finance Law (SFL) § 165-a and New York General Municipal Law § 103-g, both effective April 12, 2012. Under the Act, the Commissioner of the Office of General Services (OGS) will be developing a list of “persons” who are engaged in “investment activities in Iran” (both are defined terms in the law) (the “Prohibited Entities List"). Pursuant to SFL § 165-a(3)(b), the initial list is expected to be issued no later than 120 days after the Act’s effective date at which time it will be posted on the OGS website.

By submitting a bid in response to this solicitation or by assuming the responsibility of a Contract awarded hereunder, each Bidder/Contractor, any person signing on behalf of any Bidder/Contractor and any assignee or subcontractor and, in the case of a joint bid, each party thereto, certifies, under penalty of perjury, that once the Prohibited Entities List is posted on the OGS website, that to the best of its knowledge and belief, that each Bidder/Contractor and any subcontractor or assignee is not identified on the Prohibited Entities List created pursuant to SFL § 165-a(3)(b).

Additionally, Bidder/Contractor is advised that once the Prohibited Entities List is posted on the OGS Website, any Bidder/Contractor seeking to renew or extend a Contract or assume the responsibility of a Contract awarded in response to this solicitation must certify at the time the Contract is renewed, extended or assigned that it is not included on the Prohibited Entities List.

During the term of the Contract, should the County receive information that a Bidder/Contractor is in violation of the above-referenced certification, the County will offer the person or entity an opportunity to respond. If the person or entity fails to demonstrate that Bidder/Contractor has ceased engagement in the investment which is in violation of the Act within 90 days after the determination of such violation, then the County shall take such action as may be appropriate including, but not limited to, imposing sanctions, seeking compliance, recovering damages or declaring the Bidder/Contractor in default.

The County reserves the right to reject any bid or request for assignment for a Bidder/Contractor that appears on the Prohibited Entities List prior to the award of a contract and to pursue a responsibility review with respect to any Bidder/Contractor that is awarded a contract and subsequently appears on the Prohibited Entities List.

I, _____________________________, being duly sworn, say that I am the ________________________ (Authorized Representative’s Name) (Title) of the _________________________________ Corporation and that neither the Bidder/Contractor nor any proposed subcontractor is identified on the Prohibited Entities List.

SIGNED

DATE

BIDDER’S STATEMENT ON SEXUAL HARASSMENT

IN ACCORDANCE WITH NEW YORK STATE FINANCE LAW 139-1

In accordance with State Finance Law 139-1, which generally prohibits the County from entering into contracts pursuant to the bid process with persons who fail to submit a certification affirming compliance with New York Labor Law 201-g the bidder submits the following certification under penalty of perjury:

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

201-g of the Labor Law.

Name of Bidder

Signature of Authorized Official

Printed or Typed Name of Official and Title

Date

OWNER – CONTRACTOR ADDENDUM AGREEMENT

The Owner – Contractor Addendum Agreement (“Addendum Agreement”) is being entered into by the parties for any and all work done for, with, or on behalf of the County of Genesee (“Owner”) by ____________________

(“Contractor”) as an Addendum Agreement to the primary contact entered into by the parties, a copy of which is attached hereto (referred to hereafter as “Primary Contract” and which includes any written agreement by the parties, including but not limited to any purchase order, proceed order or written estimate).

Insurance Requirement

Prior to the commencement of any work designated in this Addendum Agreement or in any contract or agreement to which this Addendum Agreement is attached, the Contractor shall procure and maintain in full force and effect until the Contractor completes its Work under the Contract Documents, the type and minimum limits of insurance specified in this Addendum, at the Contractors sole cost and expense, covering performance of the Work required under the Contract document. The Contractor shall maintain the following minimum insurance on its own behalf, and furnish to the Owner certificates of insurance evidencing same and reflecting the effective date of such coverage as listed below, as well as complete copies of the Contractor’s Commercial General Liability and Worker’s

Compensation and Employer’s Liability policies. In no event shall the failure to provide this proof, prior to the commencement of the work, be deemed a waiver by the Owner of the Contractor’s obligation to maintain the insurance set forth herein. The insurance required shall not be canceled, not renewed or materially changed subsequent to the issuance of the certificate of insurance required by this Addendum Agreement.

A. Worker’s Compensation, Occupational Disease & Employer’s Liability Insurance:

Worker’s Compensation, Occupational Disease & Employer’s Liability Insurance in accordance with the applicable laws and statutes to cover any injuries or illness to employees and any other person eligible for compensation, and the liability of the employer thereof to any person or organization, as follows:

Worker’s Compensation & Occupational Disease: Statutory

Employer’s Liability: $1,000,000 bodily injury by accident or disease, except for work work/employers subject to the New York Compensation Law, in which this insurance shall be unlimited.

All such coverage shall: not contain any exclusion for injuries to sole proprietors, partners, members of limited liability companies or executive officers of any corporate entity, and provide for a “Waiver of Subrogation” endorsement in favor of the Owner/Contractor.

Any contractor/subcontractor with a principal place of business located outside of the State of

New York must include New York under Part 3A of the policy

B. Commercial/General Liability:

Commercial general liability insurance as provided under the ISO Commercial General Liability Coverage

Form, CG 00 01, or its equivalent, for claims of Bodily Injury, Property Damage and Personal and

Advertising Injury, with limits of not less than:

Per Occurrence and Personal & Advertising Injury: $1,000,000.00

General Aggregate & Products/Completed Operations Aggregate: $2,000,000.00

Fire Damage Legal Liability/Damage to Rented Property: $100,000.00

Medical Payment (per person): $5,000.00

The coverage must include the following:

1. Liability assumed by the insured in an “insured contract” as that term is defined in the ISO

Commercial General Liability Coverage Form, CG 00 01.

2. Products/Completed Operations liability for the period of three years after acceptance of the work.

3. A per project aggregate of $_______________

4. A “Waiver of Subrogation” Endorsement in favor of the Owner/Contractor.

5. Exterior Insulation Finish System (“EFIS”) coverage must be specifically included or provided separately where the Contractor/Subcontractor work under this Agreement or in any contract or agreement to which this Addendum is attached in any way involves EFIS.

6. The coverage shall not include any provision, definition, exclusion or endorsement which in any way would serve to eliminate the insurance to any insured or additional insured for liability for bodily injury or property damage arising from work performed in New York

State, for claims made under the New York Labor Law or for claims made by employees, subcontractors and employees of subcontractors hired to perform work by any insured or additional insured pursuant to work that is subject to this Addendum Agreement or in any contract or agreement to which this Addendum Agreement is attached.

7. The Insurance is to be provided through insurers licensed and admitted to do business in the State of

New York, with an A. M. Best financial rating of “A-“ or better, or otherwise specifically approved by the Owner.

The Owner, its officers, directors, partners, representatives, agents and employees must be named as

Additional Insureds on a primary and non-contributory basis on both the ongoing and completed operations coverage required herein utilizing the ISO endorsements: CG 2010 04 13 or CG 2038 04 13

(or their equivalent) for completed operations. The Additional Insured coverage shall contain no special limitation or limitation on the scope of the protection afforded to the Additional Insureds.

C. Commercial Automobile Liability Insurance:

Commercial Automobile Liability Insurance covering the ownership, maintenance and use of all Owned, Non-Owned and Hired Vehicles by the Contractor with combined Bodily Injury and Property Damage limits including pollution transit coverage of $1,000,000 per accident. The Owner, its officers, directors, partners, representatives, agents and employees must be named as Additional Insureds on a primary and non-contributory basis. A “Waiver of Subrogation” in favor of the Owner must be included.

D. Commercial Umbrella/Excess Liability Insurance:

Commercial Umbrella/Excess Liability Insurance with limits of $5,000,000.00 per occurrence and a

$5,000,000 aggregate. The Owner, its officers, directors, partners, representatives, agents and employees must be named as Additional Insureds on a primary and non-contributory basis. A “Waiver of Subrogation” in favor of the Owner must be included.

E. Pollution Liability:

Where the Contractor is performing work that is subject to this Addendum Agreement or to any contract or agreement to which this Addendum Agreement is attached, that involves abatement or remediation of hazardous substances or any manner of environmental work, pollution liability coverage applicable to the type of work/operations being performed in the amount of $1,000,000.00 per occurrence and $2,000,000.00 aggregate limit. The Owner, its officers, directors, partners, representatives, agents and employees must be named as Additional Insureds on a primary and non-contributory basis. A “Waiver of Subrogation’ in favor of the Owner must be included.

F. Builder’s Risk/Installation Floater:

“All Risk” Property Insurance coverage afforded by a Builders Risk/Installation Floater or its equivalent insuring all materials, equipment and supplies provided by the Contractor and intended to become a permanent part of the construction, whether stored on the premises away from the project site and/or while in transit, in an amount equal to the replacement cost of such materials, equipment and supplies. A “Waiver of Subrogation” in favor of the Owner must be included.

G. Owned and/or Rented Tools or Equipment:

Property insurance covering all owned, rented, leased and/or borrowed tools or equipment of the Contractor of the Contractor’s Subcontractors used in connection with the work that is subject to this Agreement or to any contract or agreement to which this Addendum is attached, in an amount equal to the replacement cost of such tools or equipment. A “Waiver of Subrogation” in favor of the Owner must be included.

JOB-SITE SAFETY:

The Owner makes no representation with respect to the physical conditions or safety of the Project Site. The

Contractor shall, at its own expense, protect from injury its employees engaged in the performance of the

Work. The prevention of accidents to all workers engaged in the Contractor’s work and others affected by the Contractor’s work is the responsibility of the Contractor. Contractor shall comply with all applicable federal, state, labor and local laws, regulations and codes concerning safety.

WORKERS COMP IMMUNITY WAIVER:

In any and all claims against the Owner by any employee of the Subcontractor, anyone directly or indirectly employed by the Contractor (including any of the Contractor’s subcontractors) or anyone whose acts the

Contractor may be liable, the indemnification obligation shall not be limited in by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor under workers’ compensation acts, disability benefit acts or other employee benefit acts.

HOLD HARMLESS/INDEMNIFICATION:

To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless Owner and its heirs, executors, administrators, successors, assigns, affiliates, employees and agents (“Owner Indemnitees”) from and against any and all actions, claims, liabilities, damages, losses and expenses, including but not limited to bodily injury, death and property damage, and reasonable attorney’s fees and costs (including those incurred in the defense of any such underlying claim, as well as those incurred in the enforcement of this Addendum Agreement and/or in the prosecution of any claim for indemnification by Owner) arising out of or resulting from, or alleged to arise out of or result from, the Contractor’s work (including the work by any of the Contractor’s subcontractors), except to the extent caused by the negligence or willful misconduct of any Owner indemnitees.

MISCELANEOUS:

In the event that any term or provision of this Addendum Agreement conflicts with or is otherwise inconsistent with any term or provision in the Primary Contract or any prior written agreement entered into between the parties, the terms an provisions contained herein shall govern and control.

This Addendum Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors and permitted assigns. This Addendum Agreement, its terms and any claims arising therefrom, shall be interpreted and construed in accordance with the laws of the State of New York.

This Addendum Agreement may be executed via facsimile or email in any number of counterparts, all of which taken together shall constitute one and the same agreement. No waiver by a party of any breach by the other party of any of the provisions of this Agreement shall be deemed a waiver of any preceding or succeeding breach of the same or any other provisions hereof. No such waiver shall be effective unless in writing and then only to the extent expressly set forth in writing.

No modification or amendment of this Addendum Agreement shall be effective unless in writing and signed by both parties. If any term or provision of this Addendum Agreement shall to any extent be invalid or unenforceable, the remainder of this Addendum Agreement shall not be affected thereby and each provision of the Addendum Agreement shall be valid and enforceable to the fullest extent permitted by law.

OWNER (Signature) CONTRACTOR (Signature)

(Print name and title below) (Print name and title below)

Date: _____________ Date: _________

VENDOR

CLASSIFICATIO

N A B C D E F G

Constructio n &

Maintenanc e

Purchase of Lease of

Merchandise or Equipment

Professional Services

Property Leased to Others or

Use of Facilities or Grounds

Concessionaire Services

Livery Services

All Purpose Public Entity

Contracts

COMP.

GENERAL

LIABILITY

$1,000,000

CSL

$2,000,000 Aggregate

$1,000,000

CSL

$2,000,000 Aggregate

$1,000,000

CSL

$2,000,000 Aggregate

$1,000,00

0 CSL

$2,000,00

Aggregate

$1,000,000 CSL

$2,000,000 Aggregate

$1,000,00

0 CSL

$2,000,00

Aggregat e

$1,000,000

CSL

$2,000,000 Aggregate

- Prem & Ops. INCLUDE INCLUDE INCLUDE INCLUDE INCLUDE INCLUDE

-Prods. & Compl. Ops. INCLUDE INCLUDE INCLUDE INCLUDE INCLUDE INCLUDE

-Independent Contractor INCLUDE INCLUDE INCLUDE INCLUDE INCLUDE INCLUDE

-Contractual INCLUDE INCLUDE INCLUDE INCLUDE INCLUDE INCLUDE

-Broad Form Property Damage INCLUDE

Comprehensiv e Form Not Required

- X, C, U INCLUDE

Comprehensiv e Form Not Required

- Personal Injury

Comprehensiv e Form Not Required INCLUDE INCLUDE INCLUDE INCLUDE INCLUDE

AUTO LIABILITY

$1,000,000

CSL

$1,000,000

CSL

$1,000,00

0 CSL $1,000,000 CSL

$1,000,00

0 CSL

$1,000,000

CSL

- Owned INCLUDE INCLUDE INCLUDE INCLUDE INCLUDE INCLUDE

- Hired INCLUDE INCLUDE INCLUDE INCLUDE INCLUDE INCLUDE

-Non-Owned INCLUDE INCLUDE INCLUDE INCLUDE INCLUDE INCLUDE

Excess or Umbrella Liability $5,000,000 $5,000,000 $5,000,000

$5,000,00 0 $5,000,000

$5,000,00 0 $5,000,000

Workers Comp.

& Employers Liab STATUTORY STATUTORY STATUTORY

STATUTO

RY STATUTORY

STATUTO

RY

DISABILITY

BENEFITS STATUTORY STATUTORY STATUTORY

STATUTO

RY STATUTORY

STATUTO

RY

PROFESSIONAL

LIABILITY $1,000,000

PROF/POLLUTI

ON LIABILITY $1,000,000 $1,000,000* $1,000,000*

$1,000,00 0* $1,000,000*

$1,000,00 0*

$1,000,000

CYBER

LIABILITY $1,000,000* $1,000,000* $1,000,000

$1,000,00 0* $1,000,000*

$1,000,00 0*

$1,000,000

* Cybersecurity coverage is required when vendor/contractor has access to the network, IT systems and/or data.

The County Attorney may waive such requirement if vendor/contractor is able to demonstrate there is no liability.

Professional/Pollution Liability coverage is required of “Construction & Maintenance”. The County Attorney may waive such requirement if other vendor classifications are able to demonstrate there is no Pollution Liability.

County of Genesee to be name as additional insured. Must be listed on the ACORD.

FEDERAL FUNDING AGENCY MANDATORY TERMS AND

CONDITIONS FOR PROCUREMENTS

Applicable to all federally funded or reimbursed procurement contracts or PO’s entered into by The County of

Genesee.

I. REMEDIES

Any contracts for more than the simplified acquisition threshold, currently set at $250,000, must include bonds to provide remedy in instances where contractors violate or breach contract terms. Bonds will be required in the following amounts:

• Bid guarantee- 5% of total contract cost

• Performance Bond- 100% of total contract cost

• Payment Bond- 100% of total contract cost

If purchase is made using a NYS OGS contract: Remedies for Contractor failure to observe or perform any term or condition shall be as provided in the NYS OGS centralized contract (if applicable), including all appendices.

II. TERMINATION FOR CAUSE AND CONVENIENCE

Any contract entered into pursuant to a Bid/RFP may be terminated at any time during the term of the contract by the County of Genesee through notification in writing to the other party via certified mail of the desire to cancel. Such notice shall be serviced not less than thirty (30) days prior to the desired termination date.

In addition, if purchase is made using a NYS OGS contract: Termination for cause and convenience will be in accordance with Termination, Appendix B, General Specifications, if a statewide centralized contract, and

Section 5, Copeland Anti-Kickback Act, of this document.

III. EQUAL EMPLOYMENT OPPORTUNITY

During the performance of this contract, the contractor agrees as follows:

1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

3. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.

4. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

5. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

6. The contractor will furnish all information and reports required by Executive Order 11246 of September

24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

7. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of

September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in

Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

8. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of

September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

The County of Genesee (herein after also referred to as “applicant”) further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The County of Genesee agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The County of Genesee further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order.

In addition, The County of Genesee agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

IV. COMPLIANCE WITH THE DAVIS-BACON ACT

(NOT APPLICABLE TO CONTRACTS USING PUBLIC ASSISTANCE FUNDING)

(APPLICABLE TO ALL OTHER CONSTRUCTION CONTRACTS IN EXCESS OF $2000)

a. All transactions regarding this contract shall be done in compliance with the Davis-Bacon Act (40

U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. The contractor shall comply with 40 U.S.C. 3141-3144, and 3146-3148 and the requirements of 29 C.F.R.

pt. 5 as applicable.

b. Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor.

c. Additionally, contractors are required to pay wages not less than once a week.

V. COMPLIANCE WITH THE COPELAND “ANTI-KICKBACK” ACT

(NOT APPLICABLE TO CONTRACTS USING PUBLIC ASSISTANCE FUNDING)

(APPLICABLE TO ALL OTHER CONSTRUCTION CONTRACTS IN EXCESS OF $2000)

a. Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.

b. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the federal funding source may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.

c. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment

VI. COMPLIANCE WITH THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT

Note: This requirement applies to all contracts awarded by the non-federal entity in excess of $100,000 under grant and cooperative agreement programs that involve the employment of mechanics or laborers. It is applicable to construction work. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United

States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section.

3. Withholding for unpaid wages and liquidated damages. Genesee County shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section.

4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.

VII. CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT

Note: This requirement applies to contracts awarded by a non-federal entity of amounts in excess of $150,000 under a federal grant.

Clean Air Act

1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the

Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.

2. The contractor agrees to report each violation to the County of Genesee and understands and agrees that the

County of Genesee will, in turn, report each violation as required to assure notification to the Federal

Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by the federal funding source.

Federal Water Pollution Control Act

1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the

Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.

2. The contractor agrees to report each violation to the County of Genesee and understands and agrees that the

County of Genesee will, in turn, report each violation as required to assure notification to the Federal

Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by the federal funding source.

VIII. SUSPENSION AND DEBARMENT

1. This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the contractor is required to verify that none of the contractor’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified

(defined at 2 C.F.R. § 180.935).

2. The contractor must comply with 2 C.F.R. pt. 180, subpart C and2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

3. This certification is a material representation of fact relied upon by the County of Genesee. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County of Genesee, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

4. The bidder or proposer agrees to comply with the requirements of2 C.F.R. pt. 180, subpart C and 2 C.F.R.

pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

IX. BYRD ANTI-LOBBYING AMENDMENT

Contractors who apply or bid for an award of $100,000, or the use by an approved user of an NYS OGS contract for a purchase value of $100,000 or more, Contractor more shall file the required certification (attached to this document).

Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of

Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352.

Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any

Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.

a. Required Certification. If applicable, Contractors must sign and submit to The County of Genesee the following certification.

APPENDIX A, 44 C.F.R. PART 18 – CERTIFICATION REGARDING LOBBYING Certification for

Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any

Federal contract, grant, loan, or cooperative agreement.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall…