RFP-25 MH-002 MH Vocational Services.pdf

RFP 25-MH-002 MH VOCATIONAL SERVICES

Table of Contents

Part 1 Information for Proposers Page 3

Part 2 Scope of Work / Specifications Page 8

Part 3 Proposal Requirements & Format Page 14

Part 4 General Provisions Page 15

Required Cover Forms

• Proposer Reply Cover Sheet

• Proposer Information Sheet

• Non-Collusion Certification

• Sexual Harassment Certification

• Resolution for Corporations Only

• Non-Proposer Response

1. PART 1 - INFORMATION FOR PROPOSERS

The Oswego County Division of Mental Hygiene (OCDMH) is soliciting proposals for a professional services agreement with an agency to offer vocational supports and services to adults and transitioning youth (age 18+) with mental illness who reside within Oswego

County.

1.1. Background. The County of Oswego is located in Central NY along the southern and eastern shores of Lake Ontario. It encompasses approximately 968 square miles of diverse terrain and is home to 117,525 residents based on the adjusted 2020

Census. It is largely rural in nature and contains 22 towns, 9 villages and 2 cities.

1.2. Process. The RFP process should be viewed as a confidential marketing effort. All data provided with this RFP should be treated as confidential data of Oswego County and should not be disclosed to any third parties.

1.3. Deadline, Receipt and Opening of Proposals. Each Vendor shall submit a signed original proposal via electronic submission on BidNet, or a sealed proposal, (one (1) original and one (1) electronic copy - in the form of a flash drive), indicating the company's name and proposal title: “RFP 25-MH-002 MH Vocational Services”.

The proposal will become the property of the County, and shall be open to the public, within the limits of New York State law, for inspection subsequent to the award process. The County will not be responsible for any proprietary information.

ELECTRONIC SUBMISSION

Proposals shall be submitted via electronic submission on BidNet

(https://www.bidnetdirect.com/newyork/oswegocountyny) no later than the time and date specified herein. Please note that offerors must register on BidNet

(https://bidnetdirect.com/) in order to submit their proposals electronically. Late proposals will not be accepted. For assistance with the BidNet platform please contact BidNet’s Support Department at (800)835-4603, Option (ext) 2

No proposals will be considered if received after the due date and time and the

Purchasing Department shall assume no responsibility for the premature opening of any proposals not properly addressed and identified.

1.4. Proposals are due on or before 2:00 p.m., Wednesday, September 17, 2025.

Either mail or deliver Proposals in person to:

Holly F. Carpenter

Oswego County Purchasing, 46 E. Bridge St., Oswego, NY 13126 https://bidnetdirect.com/

Anticipated Timeline

Release of RFP August 5, 2025

Deadline for Questions August 22, 2025

Deadline for Submissions September 17, 2025

Award by County Legislature - estimated November 13, 2025

Contract Signed - estimated January 1, 2026

1.4.1. Oswego County reserves the right to change this date and will notify potential- responders accordingly. Oswego County may consider informal any proposal not prepared and submitted in accordance with the provisions hereof and may waive any informalities or reject any or all proposals.

1.4.2. Any proposal may be withdrawn prior to the scheduled time for the opening of proposals or authorized postponement thereof. Any proposal received after the time and date specified will not be considered and will be returned unopened. Proposals may not be withdrawn within sixty (60) days after the actual date of opening. Facsimile or e-mail transmitted proposals are not acceptable and will be rejected. Proposals delivered prior to the scheduled opening date will be deemed received upon the day of the actual opening and will be retained in the interim only as a courtesy to the Proposer.

1.5. Proposer's Responsibilities. It is the Proposer's responsibility to meet the entire intent of these specifications. Proposers shall carefully examine the terms of this document and shall judge for themselves all the circumstances and conditions affecting their proposal. Failure on the part of any Proposer to make such examination and to investigate thoroughly shall not be grounds for any declaration that the Proposer did not understand the terms and conditions herein. The County shall not be liable for any costs associated with the preparation, transmittal, or presentation of any response or materials submitted in response to the RFP.

1.5.1. It is the responsibility of each Proposer to:

• Examine the RFP documents thoroughly.

• Consider federal, state, and local laws/ regulations that may affect your proposal.

• Study and carefully correlate Proposer's observations with the RFP document.

1.6. Communications. All communications regarding this RFP with the County shall be solely through the official indicated below and or the County’s designated agent.

Submit questions in writing by mail, or e-mail to the address listed below. No telephone questions will be accepted or considered. Proposers are specifically directed not to contact any other County officials or employees in any fashion regarding this RFP, without prior approval from the County Purchasing

Director. Unauthorized communications may result in the rejection of the proposal. The County will not be responsible for any oral instructions or representations. All contact with any County official must take place during normal work hours, at the County office, or at a site related to the service being proposed.

Holly F. Carpenter; Purchasing Director

46 East Bridge Street, Oswego, NY 13126 purchasing@oswegocounty.com

1.7. Specifications Discrepancy. Should a Proposer find a discrepancy in, or omissions from the specifications, requirements for contract, or RFP form, or be in doubt as to their meaning, the Proposer shall at once notify in writing the County Purchasing

Director. Written instructions will be sent to all potential Proposers. All such addenda shall become a part of the contract and all Proposers shall be bound by such addenda, whether or not received by the Proposers.

1.8. Scope Parameters. If a Proposer identifies an additional element not included in this

RFP, which in its judgment would be essential to accomplish the intended objectives as articulated in this RFP, the Proposer should identify this element in its proposal and explain in detail why the County should consider including this element within the scope of services. Conversely, if a Proposer identifies a task within the RFP that it believes could be modified or deleted without impacting the objectives of the RFP, the Proposer should provide an explanation as to why the task should be deleted or modified. The County reserves the right to accept or reject all additions; deletions or modifications recommended.

1.9. Proposer's Qualifications & Eligibility. The County may make such investigation as it deems necessary to determine the qualifications and ability of a Proposer, and the Proposer shall promptly furnish the County all such information and data as the

County may request for this purpose. The County reserves the right to reject any proposal where an investigation of the available evidence or information does not satisfy the County that the Proposer is properly qualified or able to carry out the obligations of the contract and to provide the services contemplated herein.

1.10. Award. The awarding of a contract for the work outlined in this RFP is subject to the approval of the County. Contract award decisions will be made public as soon as possible. The contract, if awarded, will be awarded to the proposer or proposers whom, in part or in total, meet all of the terms and conditions of the specifications, and provide the County with the best value service. The County reserves the right to reject any and all proposals.

1.10.1. The contract shall be awarded to the responsible vendor who best meet the

RFP's criteria in the opinion of the County. The County reserves the right to select more than one proposal and divide the project accordingly.

1.10.2. The proposer must provide unquestionable evidence of sustained capability of providing the services requested and proposed, such as can be demonstrated in existing or previous operations. The County may award a contract based upon mailto:purchasing@oswegocounty.com the proposals received, without discussion of such proposals with proposers.

Each proposal should, therefore, be submitted in the most favorable terms the proposer can make to the County. The County does, however, reserve the right to request additional data or an oral presentation in support of the written

RFP. Submission of an RFP does not automatically qualify a proposer for a presentation. The County reserves the right to negotiate with all qualified proposers.

1.10.3. The County, in accordance with the provisions of Title VI of the Civil Rights

Act of 1964 and New York State Executive Law affirmatively ensures that the contract will be awarded without discrimination on the grounds of race, creed, color, disability, marital status, age, sexual orientation or natural origin.

1.10.4. All proposals shall be firm for a period of sixty (60) days after the opening date in order for the County to determine which RFP best meets the public interest. The County reserves the right to extend said period. At the discretion of the County, the successful proposer must provide Letter of

Commitment within ten (10) business days of acceptance.

1.11. Evaluation Process.

1.11.1. Every proposal submitted will be reviewed in accordance with the following criteria:

• Qualifications and Experience

• Quality & Clarity of response – Proposal will be considered a representation of the vendor’s ability to communicate and execute work.

• Cost effectiveness – the ability to maximize funds to produce the most efficient and sustainable plan for services.

• Capacity to successfully manage the proposed scope of work.

• Capacity to implement program upon contract start date.

1.11.2. Proposals submitted will be evaluated by a review committee. The committee will review and evaluate each of the proposals using the criteria described in the specifications. The reviewers will then convene to review and discuss these evaluations.

1.11.3. The County Purchasing Department reserves the right to seek clarification of information submitted in response to this RFP and/or request additional information during the evaluation process.

1.12. Term of Agreement.

1.12.1. The contract resulting from this RFP shall commence on January 1, 2026 and shall terminate December 31, 2026. Upon agreement between both parties, the contract may be extended for four (4) possible one (1) year terms. At all times, Oswego County reserves the right to terminate the agreement upon sixty (60) days notice.

1.12.2. The successful Proposer will be offered a contract for all, or part of the services specified in this RFP. All contracts must be reviewed by the Oswego

County Attorney prior to approval and signing by the County. Additionally, the County reserves the right to terminate the contract for cause and/or unsatisfactory performance or compliance with County requirements.

1.13. No Commitment. This Request for Proposal does not in any way commit Oswego

County to the award of a contract and/or pay any cost incurred in the preparation of this proposal in response to the Request for Proposal or to procure or contract these services. The County reserves the right to accept or reject any and/or all proposals received as a result of this Request for Proposal, or to negotiate with the most qualified proposer or to cancel the Request for Proposal in part or in its entirety if it is in the best interest of the County.

1.14. Commencement of Work. Upon execution and delivery of the contract and delivery of any required performance bonds, including the required Certificates of Insurance and the approval thereof by the County Attorney, the successful Proposer will be notified to proceed with the work of the contract. Such notification will be in the form of a letter to proceed from the County's Purchasing Office.

1.15. Cancellation. The County reserves the right to cancel the contract at will. If the

Proposer fails to perform under the contract, fails to meet specifications, or fails to make satisfactory progress so as to endanger the overall contract performance, they may be determined to be in breach and the contract may be terminated by giving written notice to the Proposer of such termination and specify the effective date thereof, at least five (5) days before the effective date of such termination. In such event, all finished or unfinished documents, data, and reports prepared by the

Proposer under this contract shall, at the option of the County, become County property and the Proposer shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder.

1.15.1. The Proposer shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of the contract by the

Proposer, and the County may withhold payments to the Proposer for the purpose of determining the exact amount of damages due the County.

1.15.2. Proposer understands that the contract may be terminated due to non-appropriation of funds.

1.16. Pricing. All prices are to be quoted firm against increase for the duration of the contract, unless otherwise noted in the proposal. Any deviation from this must be approved in writing by the Oswego County Legislative Chairman. Travel and incidental expenses cannot be separately invoiced. The County shall not be responsible for any additional costs.

1.17. Method of Payment. Payment shall be made at the contract price for the services provided and verified by County. Payment schedule is negotiable for completed work. The intent of Oswego County is to pay all invoiced expenses within 60 days.

The County does not pay in advance. Invoices shall be sent to the Oswego County

Department of Social Services Division of Mental Hygiene, 100 Spring Steet, Mexico, NY 13114.

2. PART 2 – SCOPE OF WORK / SPECIFICATIONS

2.1. Introduction. The Oswego County Division of Mental Hygiene (OCDMH) is soliciting proposals for a professional services agreement with an agency to offer vocational supports and services to adults and transitioning youth (age 18+) with mental illness who reside within Oswego County.

2.2. Applicant Eligibility. Eligible applicants are not-for-profit agencies with 501(c) (3) incorporations that currently provide community-based human services within the

State of New York. Applicants must be in good standing with Oswego County and

NYS Agencies.

2.3 Specifications

Proposals are requested for the provision of both of the following two services.

2.3.1 Ongoing Integrated Supported Employment Services

(for a maximum capacity of 18 employed participants)

4340 - Ongoing Integrated Supported Employment Services (OISE)

These services are intended to complement Adult Career and Continuing

Education Services - Vocational Rehabilitation (ACCES-VR) time-limited intensive supported employment services which include job development, job training and job placement services. OISE services are allocated for specific individuals who have achieved job stabilization though ACCES-VR intensive employment services and are designed to provide ongoing support to overcome mental health challenges in order to sustain integrated, competitive employment, or support for promotion or to find new employment. The goal of supported employment is for individuals to work a minimum of 10 hours per week in an integrated, competitive job, with leeway for absence due to illness, vacation, or temporary work stoppages. The targeted length of stay in

OISE is less than 18 months. Continued stays to be individually reviewed and approved by LGU. Units of Service: Count the total number of staff hours.

2.3.2 Assisted Competitive Employment (ACE)

1380 - Assisted Competitive Employment (ACE)

ACE services may include brief pre-vocational support along with ongoing mental health support in order to obtain and sustain integrated, competitive employment, or support for promotion or to find new employment. This program is for individuals not receiving ACCES-VR Employment services.

ACE provides these individuals with vocational rehabilitation and support services, both at the work site and off-site, while addressing challenges due to the person’s mental health issues. Evidence based practices such as IPS

(Individualized Placement and Supports) are recommended.

Financial/Benefits Counselling may be provided. The goal of supported employment is for individuals to work a minimum of 10 hours per week in an integrated, competitive job, with leeway for absence due to illness, vacation, or temporary work stoppages. To be considered employed part time, participants should be scheduled to work a minimum of 10 hours each week.

Units of Service: Count the total number of staff hours.

2.3.3 Program Objectives, Responsibilities, Deliverables

• The focus is on guiding and supporting the participant to achieve assisted or unassisted, integrated competitive employment in a field the person selects.

• Employ the use of a psychiatric rehabilitation model to assist a participant in forming and achieving goals in living, learning, working and social environments; to overcome functional disabilities and to improve environmental supports.

• Services should be individually designed to prepare and assist a participant in acquiring and maintaining basic work and work-related skills necessary to acquire and retain competitive work in an integrated setting.

• The objective is to offer OISE and ACE Vocational services, coordinated with ongoing clinical and community supports, to facilitate the participant to obtain and sustain integrated, competitive employment.

• Services are targeted to participants for whom employment without support, to manage mental health related issues, is unlikely.

• Services may include assessment, counseling, job development and placement, on-the-job training, work skill training, ongoing supervision and monitoring, and ongoing support necessary to assure job retention.

• Partner with the Oswego County Adult Single Point of Access (SPOA) for management of referrals and continued stay reviews and approvals.

• Respond to ACCES-VR and SPOA referrals within 14 calendar or 10 business days from the receipt of referral.

• Determine and notify referral source of disposition (open / not open) within 15 business days of referral.

• Maintain documentation of client assessments of support and skill development needs; individual goals, services provided; and progress obtained to demonstrate need for service and movement toward transition.

All such client-related documentation and other materials will be maintained under strict confidence, in accordance with HIPAA, State

Mental Hygiene Laws and Regulations.

• Staff Training in IPS method, benefits counseling, work incentives, Ticket to Work program.

• Facilitating access to ACCES-VR services as needed

• Provide benefits education/counseling.

• Ongoing transition and discharge planning.

• Referring to alternative supports, referrals, and linkages to clinical, peer, HARP, care management, and social and health services as needed and appropriate.

• Provide referrals for ongoing supports / resources to support successful transitions upon discharge.

• Maintain current knowledge of local services, information, and referral points of access.

• Expand partnerships through private and public sector. Collaborate with local business and employers for competitive job development and placement opportunities.

• Develop and/or promote vocational services offered with community supports/partners.

• Review best practices for employment training and supports; develop and implement a plan to revise service delivery if applicable.

• Prepare reports as required.

• Maintain accurate records of clients served, interventions, and outcomes.

• Obtain and maintain documentation confirming participant has a serious mental illness. Seek Oswego County LGU/SPOA assistance and/or approval for any OISE participants for which recent diagnosis or access to records is a barrier to service.

• Document all contacts with participants.

• Maintain documentation to include the following:

• All client encounters and collateral contacts, including attempts.

• Duration, focus of service provided, and outcomes.

• Referrals made to community supports and resources

• Barriers to engagement

• Community resources accessed.

• Education and training provided

• Enroll in the NYESS system and submit information as per NYESS guidelines for both programs, OMH requirement as per 7/1/2024.

Maintain complete and up to date participant employment data in the New

York Employment Services System (NYESS) database. All providers that provide employment supports to individuals with disabilities that are funded by New York State should be using the system to not only record the services that are being provided, but to ensure that services are coordinated across providers. https://nyess.ny.gov/ NYESS is also the means to access Ticket to Work funding.

• Submit information as requested for the purpose of contract monitoring.

https://nyess.ny.gov/

2.3.4 Access to the Service

• ACE Referrals are managed by the Oswego County Single Point of

Access (SPOA). Referrals may be made to SPOA by providers or individuals themselves.

• When there is available capacity in the OISE program, individuals may be referred to OISE from the Oswego County Adult SPOA.

2.3.5 Capacity, Length of Stay

2.3.5.1 OISE:

Target Length of Stay: up to 18 months

Minimum Capacity: 18 slots

Service Intensity / Frequency of Contact: Vocational Counseling provided 2 times a month either in person, phone, or virtual. Those participants not requiring this level of intensity/frequency for more than 2 consecutive months should be considered for transition to a service appropriate to level of need.

2.3.5.2 ACE:

Target Length of Stay: Up to 30 months

Minimum Capacity: Estimated 7 slots

Service Intensity / Frequency of Contact: Vocational Counseling provided 2-3 times a month either in person, phone, or virtual. Those participants not requiring this level of intensity/frequency for more than 2 consecutive months should be considered for transition to a service appropriate to the level of need.

Duration of participation with the service may be flexible based on the needs of the client. Services may end when the client no longer wants support from the vocational counselor; the clients’ vocational support needs have been met; the client has met or exceeded the target length of stay; or the client is lost to services.

2.3.6 Staffing

Vocational Counselor(s) shall engage in their role as per their FTE allocation and shall not have other duties during these hours.

Supervision & Oversight

Ensure effective program oversight and management, including staff supervision, project performance/quality assurance, and training. The supervisor is responsible for providing guidance and direction to assist with problem solving client needs and challenges, developing staff skills, and addressing staff performance in achieving contract deliverables as needed.

• Demonstrate cultural competence and sensitivity when working with individuals from diverse backgrounds to ensure services are accessible and respectful.

• Develop and maintain a strong understanding of the local mental health, substance abuse, social service, advocacy, crisis intervention, and community resources.

• Follow HIPAA and OMH program guidelines.

2.3.7 Partnerships / Collaborations

For purposes of maximizing opportunities for individuals served and the use of allocated funds, it is expected that the selected vendor will develop and maintain active and ongoing relationships with the entities listed below:

• ACCES-VR http://www.acces.nysed.gov/vr

• ACCES-VR Contracted Providers

• DSS Dept of Employment & Training https://www.oswegocounty.com/departments/human_services/social_servi ces/financial_assistance_programs/index.php

• Oswego County Dept of Workforce Development https://www.oswegocounty.com/departments/workforce_development/ind ex.php

• Adult HCBS / CORE Providers

• Youth HCBS Vocational Providers

• Care Management Agencies

• Secondary and Post-Secondary Education Institutions

• Local Businesses / Employers

• Peer Service Providers

2.3.8 Program Outcomes / Performance Measurements

2.3.8.1 Program Performance Targets:

• 50% of program participants will obtain and maintain competitive employment that is consistent with their vocational goals.

• 50% of program participants will make progress toward the achievement of employment related goals.

2.3.8.2 Program Performance Measurements:

• Number of participants employed at least 10 hours per week in competitive employment, sorted by length of employment

(months)

• Number of participants experiencing barriers or obstacles to successful employment related to their mental health.

• Number of participants employed less than 10 hour per week in competitive employment

• Number participating in job preparation/readiness activities

(clothes shopping, job interview practice, resume writing, career exploration, business tours, travel training, time management, ADLs, etc.)

http://www.acces.nysed.gov/vr https://www.oswegocounty.com/departments/human_services/social_services/financial_assistance_programs/index.php https://www.oswegocounty.com/departments/human_services/social_services/financial_assistance_programs/index.php https://www.oswegocounty.com/departments/workforce_development/index.php https://www.oswegocounty.com/departments/workforce_development/index.php

• Number participating in Job Search Assistance (on-line applications, offline applications/resumes, job lead research, interviews, exploration of position duties/tasks, etc.)

• Number participating in training (job placement, job coaching, etc.)

• Number of as needed counselor-employer contacts

2.4 Payment Terms

• The estimated 12 mos. funding ceiling for this contract is estimated at $165,900.

$57,437 of this amount must be used to fund the OISE service.

• Funding is dependent on the availability of NYS OMH funding.

• The vendor’s actual and necessary staffing and program expenses, according to the contract terms, will be paid by the County of Oswego based on monthly invoice in accordance with the county’s audit and payment procedures.

• One-month advance payment may be invoiced upon execution of contract.

• The total sum paid does not exceed the contract total for the year.

2.5 Additional Requirements

• Staff will be required to travel throughout the county on a frequent and regular basis, meeting participants in home and/or community locations.

• Staff must have a NYS driver’s license and have access to a vehicle.

• Due to the funding used for this contract, staff providing direct service to participants must undergo OMH Pre-Employment Checks.

• The provider must submit an annual Consolidated Fiscal Report (CFR) to County

LGU and NYS.

• The provider must submit information as requested for the purpose of contract monitoring.

• The provider must submit Annual Reports by February 1st of the next calendar year and must include content requested by the Division of Mental Hygiene.

• The provider must be willing to attend regularly and make presentations to the

Oswego County Community Services Board (CSB) as requested and participate regularly in the CSB Subcommittee(s) related to the services provided.

• The provider must participate in community planning activities, workgroups and forums as requested by Director of Community Services (DCS) and or CSB.

• The provider must comply with all State and Local laws, codes, rules, and regulations related to the programs operated.

• The provider must present a valid insurance certificate listing The County of Oswego as a certificate holder.

2.6 County reserves the right to negotiate with the selected Contractor, via the Purchasing

Department, on the final scope of services and fees. County also reserves the right to reject any or all proposals. Contract awards are based on the availability of funds.

3. PART 3 PROPOSAL REQUIREMENTS & FORMAT

Proposal Format. Pages shall be numbered. Each proposal shall be submitted via electronic submission on BidNet or delivered in a sealed envelope bearing the title of the proposal. The proposal will become the property of the County, and shall be open to the public, within the limits of the State of New York law, for inspection subsequent to the aware process. The

County will not be responsible for any proprietary information that finds its way to the public.

3.1 Section 1 - Proposal Additional Required Documentation

• Proposer Reply Cover Sheet (attached)

• Proposer Information Sheet (attached)

• Sexual Harassment Certification (attached)

• Non-Collusion Certification (attached)

• Resolution for Corporations (attached)

• Non-Proposer Response (attached)

3.2 Section 2 - Profile / Experience

• Provide documentation confirming your agency meets the eligibility requirements listed under Part Two, 2.2.

• Provide a brief overview of your agency, including mission, goals, population, and geographical areas served.

• Provide a list of current agency activities or services relevant to your proposed scope of work.

3.3 Section 3 - References

• Provide contact information for three references with specific knowledge of the agency’s capabilities and experience providing proposed or similar services.

• For each reference include name, address, telephone, and e-mail.

• Reference would be utilized to confirm service(s) provided and performance.

3.4 Section 4 - Scope

• Submit one proposal.

• Provide a detailed proposal describing how you will fulfill the Scope of Work, specifically identifying how you will address all portions of section 2.3.

3.5 Section 5 - Staffing

• Describe a staffing plan for both services. Provide the number of FTEs by position title. Separate by program code/type.

• Include proposed job descriptions, schedules, and qualifications for all proposed titles to be associated with the project.

• Include any staff development plans post hire.

• Include proposed workplace site and/or remote capabilities for performing office related duties. For remote operations, include a specific plan for supervisory oversight.

• Describe supervisory structure/oversight to be provided to staff and operations.

• Provide your strategy to ensure there is no lapse in service due to staff vacancy or extended absence.

• Describe plan for fiscal management.

• Partnerships: Identify any, and all proposed partnerships for delivering service.

Describe the role or responsibility the partner will have.

• Describe the agency’s personnel capacity to manage the project, including administrative support (IT, communication structures, bookkeeping, accounting, clerical supports).

• Provide an organizational chart reflecting key staff.

3.6 Section 6 - Implementation

• Describe a level of readiness to implement the program(s).

• Provide a description of your start-up and implementation plan.

• Include a time schedule for meeting milestones of the implementation plan.

• Include a tentative time schedule for initiating service delivery.

3.7 Section 7 - Budget

• Provide one detailed 12-month operating budget document inclusive of personnel, mileage, program supplies, agency administration, occupancy, and other operating expenses. Respondents are required to use the budget template provided

(available electronically upon request from the Purchasing Dept). The budget template provides for the breakout of costs for each program type/code.

• For any one expense line for a roll-up of multiple costs, provide a supplemental itemized list.

• List any other revenue sources to be leveraged for project expenses.

• One-time start-up expenses should be listed separately from the 12-month operating budget.

3.8 Section 8 - Additional Information

The proposer may include any information, brochures or documentation that may further illustrate the vendor’s ability or experience.

4. PART 4 - GENERAL PROVISIONS

4.1. Scope. The proposer agrees to perform the services in accordance with the terms and conditions of this agreement. It is specifically agreed to by the Proposer that the

County will not compensate the Proposer for any services provided not within the scope of this agreement without prior authorization, evidenced only by a written change order or addendum to this agreement executed by the Oswego County

Legislative Chairman after consultation with the Oswego County Legislature.

4.2. Compensation. The County will audit and pay the proper amounts due the Proposer within sixty (60) days after receipt by the County of a claimant's certification form or invoice and, if the either is objectionable, will notify the Proposer in writing of the

County's reasons for objecting to all or any portion of the invoice submitted by the

Proposer.

4.3. Executory Clause. The County shall have no liability under this agreement to the

Proposer or to anyone else beyond funds appropriated and available for this agreement.

4.4. Procurement of Agreement

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

The Proposer makes such representations and warranties to induce the County to enter into this agreement and the County relies upon such representations and warranties in the execution hereof.

4.4.2. For a breach or violation of such representations or warranties, the County shall have the right to annul this agreement without liability, entitling the

County to recover all monies paid hereunder and the Proposer shall not make claim for, or be entitled to recover, any sum or sums otherwise due under this agreement. This remedy, if elected, shall not constitute the sole remedy afforded the County for such falsity or breach, nor shall it constitute a waiver of the County's right to claim damages or otherwise refuse payment to or to take any other action provided for by law or pursuant to this agreement.

4.5. Conflict of Interest

4.5.1. The Proposer represents and warrants that neither it nor any of its directors, officers, members, partners or employees, have any interest nor shall they acquire any interest, directly or indirectly which would or may conflict in any manner or degree with the performance or rendering of the services herein provided. The Proposer further represents and warrants that in the performance of this agreement no person having such interest or possible interest shall be employed by it and that no officer or employee of the County, nor any person whose salary is payable, in whole or in part, by the County, or any corporation, partnership, limited liability company or association in which such official, officer or employee is, directly or indirectly interested, shall have any such interest, direct or indirect, in this agreement or in the proceeds thereof.

4.5.2 For a breach or violation of such representations or warranties, the County shall have the right to annul this agreement without liability, entitling the

County to recover all monies paid hereunder and the Proposer shall not make claim for, or be entitled to recover, any sum or sums otherwise due under this agreement. This remedy, if elected, shall not constitute the sole remedy afforded the County for such falsity or breach, nor shall it constitute a waiver of the County's right to claim damages or otherwise refuse payment to or to take any other action provided for by law or pursuant to this agreement.

4.6. Fair Practices.

4.6.1 The Proposer and each person signing on behalf of the Proposer represents, warrants, and certifies under penalty of perjury, that to the best of their knowledge and belief:

4.6.1.1. The prices in this agreement have been arrived at independently by the Proposer without collusion, consultation, communication, or agreement with any other Proposer or with any competitor as to any matter relating to such prices which has the effect of, or has as its purpose, restricting competition; and

4.6.1.2. Unless otherwise required by law, the prices which have been quoted in this agreement and on the proposal or quote submitted by the Proposer have not been knowingly disclosed by the Proposer prior to the communication of such quote to the County or the proposal opening directly or indirectly, to any other Proposer or to any competitor; and

4.6.1.3. No attempt has been made or will be made by the Proposer to induce any other person, partnership, corporation or entity to submit or not to submit a proposal or quote for the purpose of restricting competition.

4.6.2 The fact that the Proposer (i) has published price lists, rates, or tariffs covering items being procured, (ii) has informed prospective customers of proposed or pending publication of new or revised price lists for such items, or (iii) has provided the same items to the other customers at the same prices being proposed or quoted, does not constitute, without more, a disclosure within the meaning of this section.

4.7. Independent Contractor.

4.7.1 In performing the services and incurring expenses under this agreement the

Proposer shall operate as, and have the status of, an independent contractor and shall not act as agent, or be an agent, of the County. As an independent contractor, the Proposer shall be solely responsible for determining the means and methods of performing the services and shall have complete charge and responsibility for the Proposer's staff engaged in the performance of the same.

4.7.2 In accordance with such status as independent contractor, the Proposer covenants and agrees that neither it nor its employees or agents will hold themselves out as, nor claim to be officers or employees of the County, or of any department, agency or unit thereof by reason hereof, and that they will not, by reason hereof, make any claim, demand or application to or for any right or privilege applicable to an officer or employee of the County including, but not limited to, Workers' Compensation coverage, health coverage, unemployment insurance benefits, Social Security coverage, or employee New York State Retirement System membership or credit.

4.8. Assignment & Subcontracting.

4.8.1 Pursuant to General Municipal Law§ 109, the Proposer shall not assign any of its rights, interests or obligations under this agreement, or subcontract any of the services to be performed by it under this agreement, without the prior express written consent of the County Legislative Chairman. Any such subcontract, assignment, transfer, conveyance, or other disposition without such prior consent shall be void and any services provided thereunder will not be compensated. Any subcontract or assignment properly consented to by the

County shall be subject to all the terms and conditions of this agreement.

4.8.2 Failure of the Proposer to obtain any required consent to any assignment, shall be grounds for termination for cause, at the option of the County and if so terminated, the County shall thereupon be relieved and discharged from any further liability and obligation to the Proposer, its assignees or transferees, and all monies that may become due under this agreement shall be forfeited to the

County except so much thereof as may be necessary to pay the Proposer's employees for past service.

4.8.3 The provisions of this clause shall not hinder, prevent, or affect any assignment by the Proposer for the benefit of its creditors made pursuant to the laws of the state of New York.

4.8.4 This agreement may be assigned by the County to any corporation, agency, municipality, or instrumentality having authority to accept such assignment.

4.9. Books & Records. The Proposer agrees to maintain separate and accurate books, records, documents and other evidence and accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this agreement.

4.10. Retention of Records. The Proposer agrees to retain all books, records and other documents relevant to this agreement for six (6) years after the final payment or termination of this agreement, whichever later occurs. The County, or any state and/or federal auditors, and any other persons duly authorized by the County, shall have full access and the right to examine any of said materials during said period.

4.11. Audits by the Oswego County and Others. All claimant's certification forms, or invoices presented for payment to be made hereunder, and the books, records and accounts upon which said claimant's certification forms or invoices are based are subject to audit by the County. The Proposer shall submit any and all documentation and justification in support of expenditures or fees under this agreement as may be required by the County so that it may evaluate the reasonableness of the charges, and the Proposer shall make its records available to the County upon request. All books claimant's certification forms, records, reports, cancelled checks and any and all similar material may be subject to periodic inspection, review and audit by the

County, the State of New York, the federal government, and/or other persons duly authorized by the County. Such audits may include examination and review of the source and application of all funds whether from the County and State, the federal government, private sources or otherwise. The Proposer shall not be entitled to any interim or final payment under this agreement if any audit requirements and/or requests have not been satisfactorily met.

4.12. Insurance & Statutory Compliance

4.12.1 In acceptance of this agreement, the Proposer covenants and certifies that it will comply, in all respects, with all federal and state laws which regarding work for public authority corporations including, but not limited to, Workers'

Compensation and employer's liability insurance, hours of employment, wages and human rights, and the provisions of general municipal law§§

103(a) and 103(b) and state finance law §§139-a and 139-b.

4.12.2 Pursuant to General Municipal Law §108, the parties hereto agree that this agreement contract shall be void and of no effect unless the Proposer shall secure Workers' Compensation for the benefit of, and keep insured during the life of the contract, such employees, in compliance and as may be necessary with the provisions of the Workers' Compensation Law.

4.12.3 For all of the services set forth herein and as hereinafter amended, the

Proposer shall maintain or cause to be maintained, in full force and effect during the term of this agreement, at its expense, a workers' compensation insurance, liability insurance covering personal injury and property damage, and other insurance with stated minimum coverage, all as listed below. Such policies are to be in the broadest form available on usual commercial terms and shall be written by insurers of recognized financial standing satisfactory to the County who has been fully informed as to the nature of the services to be performed. Except for Workers' Compensation and professional liability, the County shall be an additional insured on all such policies with the understanding that any obligations imposed upon the insured (including, without limitation, the liability to pay premiums) shall be the sole obligation of the Proposer and not those of the County. Notwithstanding anything to the contrary in this agreement, the Proposer irrevocably waives all claims against the County for all losses, damages, claims or expenses resulting from risks commercially insurable under this insurance described in this Section 4.13.

The provisions of insurance by the Proposer shall not in any way limit the

Proposer's liability under this agreement.

4.12.4 Insurance Requirements

4.12.4.1 Notwithstanding any terms, conditions, or provisions, in any other writing between the parties, the Proposer hereby agrees to effectuate the naming of the County as an unrestricted, additional insured on the contractor's insurance policy(ies), with the exception of Workers' Compensation. If the contractor is self-insured, evidence of its status as a self-insured entity shall be provided to the

County Purchasing Department. If requested, the contractor must describe its financial condition and the self-insured funding mechanism(s).

4.12.4.2 The policy naming the County as an additional insured shall, without exception:

• Be an insurance policy from an A.M. Best rated "secured" New

York State licensed insurer.

• Contain a 30-day notice of cancellation.

• State that the insurer's coverage shall be primary coverage for the County, its officers, and employees.

• The County shall be listed as an additional insured by using endorsement CG 201 01085 or broader. The certificate must state that this endorsement is being used. If another endorsement is used, a copy shall be included with the certificate of insurance.

4.12.4.3 The contractor agrees to indemnify the County for any applicable deductibles.

4.12.4.4 Required insurance minimums:

• Commercial general liability insurance $1,000,000 per occurrence/$2,000,000 aggregate.

• General aggregate to apply on a per project basis.

• Automobile liability $1,000,000 CSL for owned, hired and borrowed and non-owned motor vehicles.

• Excess/umbrella insurance $3,000,000 each occurrence and aggregate.

• Workers' Compensation and NYS Disability Statutory

Workers' Compensation, employers' liability and NYS.

Disability Benefits insurance for all employees.

• Performance and Labor &Material bonds. If required in the specifications, these bonds shall be provided by a New York state admitted surety company, in good standing.

• Professional liability/malpractice $1,000,000 aggregate (if commercially available for your profession)/$1,000,000 per claim.

4.12.5 The Proposer acknowledges that failure to obtain such insurance on behalf of the County constitutes a material breach of this contract. The Proposer is to provide the County with a certificate of insurance, evidencing the above requirements have been met, prior to the commencement of work or use of facilities. The failure of the County to object to the contents of the certificate or the absence of same shall not be deemed a waiver of any and all rights held by the County.

4.12.6 The Proposer shall attach to this agreement a certificate of insurance evidencing the Proposer's compliance with these requirements.

4.12.7 Each policy of insurance shall contain clauses to the effect that (i) such insurance shall be primary without right of contribution of any other insurance carried by or on behalf of the County with respect to its interests,

(ii) it shall not be cancelled, including, without limitation, for non- payment of premium, or materially amended, without thirty (30) days prior written notice to the County, directed to the County Attorney and the department head and the County shall have the option to pay any necessary premiums to keep such insurance in effect and charge the cost back to the Proposer.

4.12.8 To the extent it is commercially available, each policy of insurance shall be provided on an "occurrence" basis. If any insurance is not so commercially available on an "occurrence" basis it shall be provided on a "claims made" basis, and all such "claims made" policies shall provide that:

4.12.9 Policy retroactive dates coincide with or precede the Proposer's start of the performance of the services (including subsequent policies purchased as renewals or replacements).

4.12.10 The Proposer will maintain similar insurance for at least six (6) years following final acceptance of the services.

4.12.11 If the insurance is terminated for any reason, the Proposer agrees to purchase an unlimited extended reporting provision to report claims arising from the services performed for the County; and

4.12.12 Immediate notice shall be given to the County through the department head and the County Attorney of circumstances or incidents that might give rise to future claims with respect to the services performed under this agreement.

4.12.13. The Proposer agrees to defend, indemnify and hold harmless the County, including its officials, employees and agents, against all claims, losses, damages, liabilities, costs or expenses (including, without limitation, reasonable attorney fees and costs of litigation and/or settlement) whether incurred as a result of a claim by a third party or any other person or entity, arising out of the services performed pursuant to this agreement which the

County, or its officials, employees or agents, may suffer by reason of any negligence, fault, act or omission of the Proposer, its employees, representatives, subcontractors, assignees, or agents.

4.12.14. In the event that any claim is made or any action is brought against the

County arising out of the negligence, fault, act or omission of an employee, representative, subcontractor, assignee or agent of the Proposer either within or without the scope of his respective employment, representation, subcontract, assignment or agency, or arising out of the Proposer's negligence, fault, act or omission, then the County shall have the right to withhold further payments hereunder for the purpose of set-off in sufficient sums to cover the said claim or action. The rights and remedies of the

County provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or this agreement.

4.13. Protection of Oswego County Property

4.13.1 The Proposer assumes the risk of and shall be responsible for, any loss or damage to County property, including property and equipment leased by the

County, used in…