RFP.pdf

TOMPKINS COUNTY

GENERAL INSTRUCTIONS and CONDITIONS

Responses submitted to any Request for Bids, Request for Proposals, or Request for Qualifications become the property of Tompkins County and are subject to Public Information Policy. Any confidential information, such as a company’s financial status, if required by the specifications, shall be submitted in a separate sealed envelope with the word “CONFIDENTIAL” on the outside.

Minority Business Enterprises (MBE)and Woman Owned Business Enterprise (WBE) entities are encouraged to submit bids.

Note: The following terms are used interchangeably: Consultant, Contractor, Respondent, Responder, and Bidder.

Additionally, the following terms may be used interchangeably: Contract and Agreement.

PROJECT IDENTIFICATION:

1. Title: 2024 ITH Digital Advertising Services

2. Requesting Department: Ithaca Tompkins International Airport

3. Due Date/Time: February 21, 2024 at 2 PM ET

SPECIFICATIONS:

The County does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of proposals.

SUBMISSION of PROPOSALS:

1. Bids and any other required documents shall be submitted online through the Tompkins County website at:

www.tompkinscountyny.gov/purchase and selecting ‘Open Solicitations’. This will take you to BidNetDirect where the RFP information is posted for the public. Bidders who do not have, or cannot obtain, internet access must contact the Purchasing Division via email (preferred), purchase@tompkins-co.org or by telephone, (607)

274-5500 for further instructions.

2. Please add purchase@tompkins-co.org and contracts@tompkinscountyny.gov to your email address book to ensure timely notifications regarding the project(s) you have requested.

3. Bids shall be uploaded and responded to no later than the date and time indicated in the Notice to Bidders and/or the Bid Identification section above.

4. Tompkins County reserves the right to reject any or all proposals in whole or in part, to waive any and all informalities, and to disregard all non-conforming, non-responsive or conditional proposals.

*NOTE: If you experience difficulty submitting your bid, contact the Purchasing Division via email (preferred), purchase@tompkins-co.org or by telephone, (607) 274-5500. If you do not receive a response from the Purchasing

Division, you may contact the Finance Team (607) 274-5544.

http://www.tompkinscountyny.gov/purchase mailto:purchase@tompkins-co.org mailto:purchase@tompkins-co.org mailto:contracts@tompkinscountyny.gov

BACKGROUND

Ithaca Tompkins International Airport (ITH) serves as a key transportation hub in the region, offering various flight services and amenities. In recent years, we have expanded our facilities and services and are now looking to amplify our digital presence to reach a broader audience.

PURPOSE OF REQUEST

Ithaca Tompkins International Airport (ITH) is seeking proposals from qualified digital advertising agencies to develop and execute a comprehensive digital advertising strategy. Our goal is to enhance brand awareness, promote our services, and increase customer engagement through effective online advertising campaigns.

PROGRAM OBJECTIVES

• Developing a digital advertising strategy that aligns with ITH’s marketing goals.

• Creating and managing campaigns across various digital platforms (including OTT, Display Advertising, and

Retargeting).

• Designing creative assets for digital ads, including graphics, videos, and interactive content.

• Providing detailed analytics and reports to measure the effectiveness of campaigns.

• Offering recommendations for campaign adjustments based on performance data.

REQUIRED PROGRAM PARAMETERS

1. Strategic Planning and Implementation: Proposals must present a detailed digital advertising strategy, inclusive of market analysis, audience segmentation, and a clear execution timeline. The strategy should be in line with ITH’s overarching marketing goals.

2. Creative Content Development: The agency is expected to provide comprehensive creative services for producing digital advertising content. This encompasses graphic design, copywriting, video production, and any other creative tasks necessary for crafting compelling digital ads.

3. Campaigns Across Specific Digital Platforms: The digital advertising campaigns should specifically focus on

Over-The-Top (OTT) media services, Display Advertising, and Retargeting strategies. This targeted approach should effectively capture and engage our desired audience across these specific platforms.

4. Budget Management: Effective allocation and management of the advertising budget are required, ensuring an optimal balance of resources across OTT, Display Advertising, and Retargeting to achieve maximum efficacy within the budgetary limits.

5. Performance Tracking and Reporting: Regular and comprehensive reporting on campaign performance is mandatory, including key metrics such as reach, engagement, conversion rates, and ROI. The agency should also provide actionable insights and recommendations for campaign optimization.

6. Compliance and Brand Alignment: All advertising materials must adhere to relevant advertising standards and regulations, and should align with ITH’s brand guidelines and core messaging, ensuring consistency and brand integrity.

7. Audience Engagement and Interaction: The proposal should detail methods for engaging and interacting with the audience through OTT, Display Advertising, and Retargeting, utilizing best practices to foster user engagement and strengthen brand association.

8. Innovation and Adaptability: An innovative approach in employing OTT, Display Advertising, and

Retargeting is crucial, alongside adaptability to adjust strategies based on market dynamics and campaign analytics.

9. Sustainability and Social Responsibility: The campaigns should reflect a consideration for environmental impact and social responsibility, aligning with ITH’s commitment to sustainable and community-centric practices.

10. Collaboration and Communication: Ongoing communication and collaboration with ITH’s marketing team are essential, ensuring all aspects of the digital advertising program are cohesive and mutually reinforced.

These parameters aim to guide the chosen agency in delivering a focused, effective, and innovative digital advertising service that aligns with the goals and ethos of Ithaca Tompkins International Airport.

FOCUS POPULATIONS

For the Digital Advertising Services RFP, Ithaca Tompkins International Airport (ITH) has identified several key focus populations that are essential for the success of our digital advertising campaigns. Targeting these specific groups will help in effectively communicating our services, maximizing engagement, and achieving our marketing objectives.

1. Business Travelers: Individuals who travel frequently for business purposes. This group requires reliable and efficient travel options, and values services such as expedited check-in, comfortable waiting areas, and efficient security processes.

2. Leisure Travelers: This includes families, couples, and solo travelers seeking leisure and vacation travel. They are often attracted by convenient flight schedules, destination offerings, and promotional deals.

3. Students and Academic Professionals: Considering ITH's proximity to prominent educational institutions, this population consists of college and university students, faculty, and visiting academics. They often look for budget-friendly and convenient travel options, especially during academic holidays and events.

4. Local Community Members: Residents of the Ithaca region and surrounding communities. This group may use the airport for both personal and professional travel and is an important audience for promoting local flights and services.

5. International Travelers: Passengers traveling to or from international destinations. This group is crucial for flights connecting through major hubs and requires information about international travel protocols, multi-language support, and diverse cultural considerations.

6. Event and Conference Attendees: Individuals traveling for specific events, conferences, or conventions, often requiring information on travel packages, group bookings, and event-related travel services.

Each of these focus populations has unique travel needs and preferences. Our digital advertising campaigns should be tailored to address these specific characteristics, ensuring that our messaging resonates effectively with each group and drives engagement and usage of ITH's services.

PROGRAM ELEMENTS

The Digital Advertising Services for Ithaca Tompkins International Airport (ITH) should encompass the following key program elements to ensure comprehensive coverage and effectiveness of the advertising campaigns:

1. Market Research and Analysis: Conduct thorough research to understand market trends, focus populations’ behaviors, and the competitive landscape. This should guide the strategy for targeting and messaging.

2. Strategic Planning: Develop a detailed advertising strategy that includes defining objectives, selecting appropriate digital channels (focusing on OTT, Display Advertising, and Retargeting), and setting measurable goals.

3. Creative Development: Design and produce creative assets tailored for each digital platform. This includes high-quality visuals, engaging copy, and compelling calls-to-action that resonate with the target audiences.

4. Channel Optimization: Utilize the strengths of each selected digital platform to maximize reach and impact.

This includes optimizing for various formats and devices, especially for OTT and mobile-centric platforms.

5. Targeted Campaign Execution: Implement targeted advertising campaigns, ensuring they are aligned with the interests and behaviors of the identified focus populations.

6. Performance Monitoring and Analytics: Continuously monitor campaign performance using analytics tools.

Track key performance indicators (KPIs) like click-through rates, engagement rates, conversion rates, and ROI.

7. Reporting and Insights: Provide regular, detailed reports on campaign performance. These should include insights and recommendations for adjustments to optimize ongoing and future campaigns.

8. Budget Management: Effectively manage and allocate the advertising budget across various platforms and campaigns, ensuring cost-efficiency and maximum return on investment.

9. Compliance and Brand Consistency: Ensure all advertising content is compliant with industry standards and regulations, and is consistent with ITH’s brand identity and messaging.

10. Flexibility and Scalability: The campaigns should be flexible and scalable, allowing for adjustments based on performance data, market changes, or shifts in strategic direction.

11. Stakeholder Collaboration: Work closely with ITH’s internal teams for alignment on objectives, branding, and overall marketing strategies.

These program elements are designed to create a dynamic and effective digital advertising framework that enhances

ITH’s visibility, engages effectively with diverse audiences, and supports the overall marketing and operational goals of the airport.

MONITORING AND REPORTING FOR PROGRAM AND FISCAL COMPLIANCE

To ensure the highest standards of program and fiscal compliance in the Digital Advertising Services for Ithaca

Tompkins International Airport (ITH), the following monitoring and reporting guidelines must be adhered to:

1. Regular Performance Monitoring:

• The selected agency must implement a system for continuous monitoring of all digital advertising campaigns.

• Key performance indicators (KPIs), such as reach, engagement, click-through rates, conversion rates, and return on investment (ROI), must be tracked systematically.

2. Frequent Reporting Schedule:

• The agency is required to provide comprehensive reports on a bi-weekly or monthly basis (as agreed upon) to ITH’s designated personnel.

• Reports should include detailed analytics, performance metrics, and insights into campaign effectiveness and audience response.

3. Financial Reporting:

• Regular financial reports detailing expenditure on each digital platform, cost per campaign, and overall budget utilization must be provided.

• These reports should align with the allocated budget, highlighting any variances and the reasons behind them.

4. Compliance Auditing:

• The agency’s procedures and campaigns must undergo periodic audits to ensure compliance with industry regulations, legal standards, and ITH’s advertising policies.

• Any discrepancies or issues identified during audits must be addressed promptly.

5. Quality Assurance Checks:

• Quality assurance measures should be in place to ensure that all advertising content is accurate, brand-aligned, and meets ITH’s quality standards.

• The process for quality checks and approval of final ad content must be clearly defined and followed.

6. Feedback Mechanism:

• A formal mechanism should be established for ITH to provide feedback on campaign performance and content quality.

• The agency must be responsive to feedback and capable of implementing necessary adjustments efficiently.

7. Campaign Adjustment and Optimization:

• Based on performance data and ITH’s feedback, the agency should regularly optimize and adjust campaigns for improved effectiveness and efficiency.

• Any significant changes to the strategy or campaigns must be communicated and approved by ITH.

8. Record Keeping:

• The agency must maintain detailed records of all campaigns, including creative assets, placement records, performance data, and financial expenditures.

• These records should be readily available for review by ITH upon request.

By adhering to these monitoring and reporting guidelines, the agency will ensure that the Digital Advertising

Services provided to Ithaca Tompkins International Airport are transparent, compliant, and aligned with our strategic objectives and fiscal responsibilities.

PROPOSAL EVALUATION

To be eligible for review, proposals must fully comply with all the requirements outlined in this RFP. Failure to submit a complete proposal, or non-compliance with the stipulated guidelines, may result in exclusion from funding consideration. Specific reasons for exclusion include:

• Non-Alignment with Program Objectives: Proposals with goals or outcomes that do not align with the objectives of the Digital Advertising Services program.

• Non-Adherence to RFP Guidelines: Proposals exceeding 30 total pages; incomplete forms; submissions received after the proposal deadline.

• Legal Non-Compliance: Activities proposed that are not permitted by Federal, State, or local laws.

• History of Non-Compliance: A track record of contract non-compliance or poor past/current performance.

• ADA Non-Compliance: Training site and facilities not fully compliant with the Americans with Disabilities

Act (ADA).

A committee from the Tompkins County Workforce Development Board will conduct the review and scoring of proposals based on the following criteria:

1. Strategic Approach: How well the proposal aligns with ITH’s digital advertising needs and demonstrates a clear, innovative strategy.

2. Experience and Performance: The proposer's past performance, experience in digital advertising, and success in similar projects.

3. Budget and Cost-Effectiveness: The reasonableness and transparency of the budget, and the cost-effectiveness of the proposal.

4. Quality of Team: Qualifications and experience of the team members assigned to the project.

5. Compliance and Reporting: The proposer's approach to ensuring compliance with relevant laws and regulations and the robustness of their reporting mechanisms.

6. Innovation and Adaptability: The ability to incorporate innovative methods and adapt to changing requirements or market conditions.

The intent is to notify program operators of decisions on or before February 1, 2024.

SELECTION CRITERIA

Proposals meeting the minimum RFP requirements will be evaluated based on, but not limited to, the following criteria.

1. Alignment with ITH’s Goals and Objectives:

• Degree to which the proposal aligns with the specific goals and objectives outlined by ITH for its digital advertising services.

2. Comprehensiveness of Strategy:

• The thoroughness and detail in the proposed digital advertising strategy, including understanding of target audiences, use of appropriate digital platforms (OTT, Display Advertising, Retargeting), and innovative approaches.

3. Agency’s Expertise and Experience:

• Proven track record and experience of the agency in executing digital advertising campaigns, particularly in the aviation or similar sectors.

• Quality of past work and demonstrated ability to achieve desired results.

4. Quality and Creativity of Proposed Solutions:

• Originality and creativity of the proposed solutions.

• Quality of creative content and adaptability of strategies to meet dynamic market trends.

5. Budget Rationality and Financial Viability:

• Reasonableness of the budget proposal in relation to the scope of work.

• Demonstrated ability to effectively manage and allocate resources for maximum impact.

6. Performance Measurement and Reporting Capabilities:

• Effectiveness of proposed methods for tracking, analyzing, and reporting on campaign performance.

• Use of advanced analytics tools and techniques to measure ROI and campaign effectiveness.

7. Compliance with Legal and Ethical Standards:

• Adherence to all relevant advertising standards, legal requirements, and ethical practices.

• Commitment to upholding ITH’s brand integrity and public image.

8. Team Qualifications and Resources:

• Qualifications and experience of the team members designated for ITH’s project.

• Availability and adequacy of resources to execute the proposed strategy effectively.

9. Client References and Testimonials:

• Strength and relevance of client references and testimonials.

• Positive feedback and satisfaction levels from previous clients, indicating reliability and quality service.

10. Sustainability and Social Responsibility:

• Consideration of sustainable practices in the proposed advertising approach.

• Alignment with ITH’s commitment to social responsibility and environmental consciousness.

Proposals will be assessed by a selection committee, and decisions will be based on the proposer's ability to meet these criteria most effectively. The selected agency should demonstrate a clear understanding of ITH’s needs and offer a comprehensive, innovative solution that provides value and aligns with ITH's strategic direction.

TIMELINE

Action Item

Date

RFP Issue

Wednesday, February 17, 2024

Deadline for Questions Monday, February 14, 2024 by 5 PM

Completed Proposal Due Monday, February 21, 2024 by 2 PM

**Award Notification (anticipated) Thursday, February 29, 2024

**Program Start-Up and Contract Dates

March 1, 2024 – December 31, 2024

**Final contract amounts are contingent upon the New York State budget passing and the NYS Office of Temporary and Disability notifying the Workforce Development Board of the final amount awarded to Tompkins County.

Unfortunately, a later award and start date is possible as is a smaller award amount. Proposals advanced to contract negotiations are not guaranteed funding at the full amount requested.

SUBMISSION DEADLINE:

The deadline for submission of proposals is February 21, 2024 @ 2 PM ET

SPECIFICATION CLARIFICATION:

Clarification to the specifications must be submitted, via BidNetDirect, no later than seven (7) days prior to the bid/rfp due date before 5 PM on February 14, 2024. Answers to questions will be posted on BidNetDirect as they are available.

DISQUALIFICATION:

1. The County reserves the right to refuse to issue a Contract to a prospective vendor should such vendor be in default for any of the following reasons:

(a) Failure to comply with any pre-qualification regulations of the County, if such regulations were cited, or otherwise included in the specifications as a requirement for responding.

(b) Contractor’s default under previous contracts with the County.

(c) Contractor’s unsatisfactory work on previous contracts with the County.

2. Responses received from Contractors who have previously failed to complete contracts within the time required, or who have previously performed similar work in an unsatisfactory manner, may be rejected. A response may be rejected if the Contractor cannot show that it has the necessary ability, plant and equipment to commence the work at the time prescribed and thereafter to perform and complete the work at the rate or time specified. A response may be rejected if the Contractor is already obligated for the performance of other work which would delay the commencement, performance or completion of the work if the Contractor is not able to demonstrate the ability to fulfill the requirements of the proposal in a manner agreed upon by the County and the Contractor.

3. Tompkins County reserves the right to reject any proposal if the information submitted by, or investigation of, such Contractor fails to satisfy the County that such Contractor is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein.

4. Proposals will be considered irregular and shall be subject to rejection for the following reasons:

(a) If there are unauthorized additions, conditional or alternate pay items, or irregularities of any kind which make the proposal incomplete, indefinite, or otherwise ambiguous.

The County reserves the right to award the Contract to the Respondent who submits the proposal that proves to be in the best interest of the County. The County has the sole discretion and reserves the right to cancel this request, reject any/all responses, award in part or in whole, to waive any/all informalities and/or irregularities if it is deemed to be in the best interest of the County to do so. A notice of Contract award shall not be binding upon the

County until the Contract has been fully executed by both parties.

Contract Extension:

The County agrees, under the General Municipal Laws of New York State to allow all authorized users who wish to utilize any Contract awarded as a result of this solicitation to do so. However, it is understood that the extension of such Contract is at the discretion of the Respondent and the Respondent is only bound to the Contract between itself and the County.

Term of Contract:

Contract period shall be from March 1, 2024 to December 31, 2024.

Contract Award:

The Contract award, if any, will be made by Friday, February 29, 2024. The Contract shall be awarded to the

Respondent(s) who submits the proposal that proves to be in the best interest of the County.

The resulting Contract will incorporate Tompkins County Contract Terms and Conditions, this RFP, any addendum, and Bidder’s response thereto, all additional agreements and stipulations, and the results of any final negotiations will constitute the final Contract. The terms and conditions as contained in the Contract for services shall take precedence over any conflicting terms.

Payment Terms:

Payment terms to be negotiated. Interest penalties to the County will not be allowed. Tompkins County is not subject to Federal, State, or Local taxes.

Non-Appropriation Clause:

In accordance with New York State General Municipal Law, the County will not be liable for any purchases or contracts for goods or services for which funding is not available. As a result, the Respondent agrees to hold the

County harmless for any contracts let for which funding either does not currently exist, or for which funding has been removed prior to the authorization to proceed. Should it become necessary for the County to cancel a project after the order to proceed has been issued, the County will only be liable for, and the Respondent agrees, to only assess those financial damages that it can prove to have incurred as a result of the Contract termination.

Indemnification, Hold Harmless, and Insurance:

• The successful bidder shall release, waive, indemnify, hold harmless, and defend the County and its officers, employees, agents and elected officials from and against any and all claims, demands, actions, causes of action, suits, or judgements, including but not limited to, losses, costs, expenses, penalties, or other damages or liability brought against the County and its officers, employees, agents and elected officials for injury, illness, or death to any person or persons or damage to property arising out of the performance of this Agreement by the successful bidder, its employees, subcontractors or agents with the exception of actions and claims arising out of the negligence of the County. The indemnification will survive the term of this Agreement whether it is terminated or expired. The successful bidder shall maintain the minimum limits of insurance as outlined by this

Agreement in Attachment B or as required by law, whichever is greater.

• The successful Bidder will be required to procure and maintain, at its own expense, the minimum limits of insurance as described in or as required by law, whichever is greater.

• No work shall be commenced under the Contract until the successful Bidder has delivered to the County proof of issuance of all policies of insurance required by the Contract. If at any time, any of said policies shall expire or become unsatisfactory to the County, the successful Bidder shall promptly obtain a new policy and submit proof of insurance of the same to the County for approval. Upon failure of the successful Bidder to furnish, deliver and maintain such insurance as above provided, the Contract may, at the election of the County, be forthwith declared suspended, discontinued or terminated. Failure of the successful Bidder to procure and maintain any required insurance, shall not relieve the successful Bidder from any liability under the Contract, nor shall the insurance requirements be construed to conflict with the obligations of the successful Bidder concerning indemnification.

Training:

If required, training shall take place during regular business hours. Training shall be provided until all County personnel involved in the Contract are adequately trained.

Workforce Diversity and Inclusion:

Tompkins County government is committed to creating a diverse and fully inclusive workplace that strengthens our organization and enhances our ability to adapt to change by developing and maintaining:

A. An organization-wide understanding and acceptance of the purpose and reasons for diversity;

B. Recruitment and retention policies that assure a diverse workforce;

C. A workplace environment that is welcoming and supportive of all;

D. Awareness, understanding and education regarding diversity issues;

E. Zero tolerance for expressions of discrimination, bias, harassment, or negative stereotyping toward any person or group;

F. A workforce ethic that embraces diversity and makes in the norm for all interactions, including delivery of services to the public. An organization-wide understanding and acceptance of the purpose and reasons for diversity; All Respondents must comply with the Workforce Diversity and Inclusion terms and conditions as well as sign an Anti-discrimination certificate. Respondents are encouraged to include an outline of their diversity policy in their proposal response.

Contract Re-Assignment:

The Respondent shall not re-assign any portion of the any contract that results from this solicitation without the express written consent of the County.

Governing Law:

Any resulting Agreement and any controversies arising hereunder, shall be interpreted, governed, and construed under the laws of the State of New York. The Bidder consents to the exclusive jurisdiction of, and venue in, the

State and Federal Courts within Tompkins County, New York. Any such Agreement is binding on all successors, heirs, executors, administrators, representatives, and assigns of all the Bidder/Contractor.

The successful bidder is responsible for complying with all current labor rates and regulations throughout the duration of any contract resulting from this solicitation.

Interpretation:

In the event of any discrepancy, disagreement or ambiguity among the documents which comprise this RFP, and/or, the Agreement (between the County and the successful Proposer) and its incorporated documents, the documents shall be given preference in the following order to interpret and to resolve such discrepancy, disagreement or ambiguity: 1) the Agreement; 2) the RFP; 3) the Contractor’s proposal.

Remedy for Breach:

In the event of a breach by Contractor, Contractor shall pay to the County within ninety (90) days all direct and consequential damages caused by such breach, including, but not limited to, all sums expended by the County to procure a substitute Contractor to satisfactorily complete the contract work, together with the County’s own costs incurred in procuring a substitute Contractor. All legal and equitable claims against the County of Tompkins shall be brought in the Supreme Court of Tompkins County.

Conflict of Interest:

No officer or employee of the County shall participate in any decision relating to the Contract which affects their personal interest or the interest of any corporation, partnership, or association in which they are directly or indirectly interested.

New York State Sexual Harassment Legislation:

By submitting a response to this solicitation, the Bidder hereby represents that they comply with the New York State

Sexual Harassment Legislation and that said Bidder has implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees.

Living Wage:

Tompkins County must consider the wage levels and benefits, particularly health care, provided by Contractors when awarding bids or negotiating contracts, and to encourage the payment of livable wages whenever practical and reasonable.

If Contractor certifies on Tompkins County Livable Wage attestation that its employees directly providing services outlined in the Contract are NOT paid a living wage, the department contract representative may have a conversation with the Contractor to understand the cost implications of achieving the living wage threshold, whether there are structural barriers impacting the ability to pay the living wage, plans to improve wages over time, generous fringe benefits, or other considerations that should be applied when addressing the question of whether it is practical or reasonable to meet the living wage threshold including the cost required to bring the Contract to the living wage threshold.

Regulatory Compliance:

The Respondent agrees to comply with all Federal, State, and local laws and regulations governing the provision of goods and services under this Contract. To the extent that federal funds are provided to the Respondent under this

Contract, the Respondent agrees that it will comply with all applicable Federal laws and regulations, including but not limited to those laws and regulations under which the Federal funds were authorized.

Further, Respondent agrees to comply with the County’s Compliance Plan regarding Federal and State fraud and abuse laws; the Compliance Plan can be reviewed at www.tompkins-co.org or a copy can be obtained from

Tompkins County Administration, 125 East Court Street, Ithaca, NY 14850.

In the event that New York State Labor Law at Article 9, Sections 230-239-A are applicable under the agreement and/or scopes of work, the statute requires that contractors and subcontractors pay the prevailing rate of wage and supplements (fringe benefits) to all workers under a public work contract and follow other requirements. Employers must pay the prevailing wage rate set for the locality where the work is performed. Prevailing wage is the pay rate set by law for work on public work projects. This applies to all laborers, workers or mechanics employed under a public work contract. Every contractor and subcontractor must keep and provide certified original payrolls or transcripts subscribed and affirmed as true under penalty of perjury. These must be made available to the COUNTY at its request. Payrolls must be maintained for at least three (3) years from the projects date of completion.

Additionally, as per Article 6 of the Labor Law, contractors and subcontractors are required to establish, maintain, and preserve for not less than six (6) years, contemporaneous, true, and accurate payroll records. At a minimum, payrolls must show the following information for each person employed on a public work project: Name; Address, Last 4 Digits of Social Security number, Classification(s) in which the worker was employed, Hourly wage rate(s) paid, Supplements paid or provided, and Daily and weekly number of hours worked in each classification. Payroll records and transcripts are required to be kept on site during all the time that work under that contract is being performed.

Respondents which are providers of healthcare services certify that the Respondent, and all employees, directors, officers, and subcontractors of the Respondent, are not “excluded individuals or entities” under Federal and/or New

York State statues, rules, and regulations, to determine if any of them are on or have been added to the exclusion list.

The Respondent shall promptly notify the County if any employee, director, officer of subcontractor is on or has been added to the exclusion list. The County reserves the right to immediately cancel this Contract, at no penalty to the County, if any employee, director, officer, or subcontractor is on or has been added to the exclusion list.

Contractors shall promptly notify the County if any employee, director, officer, or subcontractors is on or has been added to the exclusion list. The County reserves the right to immediately cancel an Agreement, at no penalty to the

County, if any employee, director, officer, or subcontractors is on or has been added to the exclusion list.

By submitting a response to a Request for Proposals, you are attesting to the fact that you and/or the provider, which you represent, have not been sanctioned nor excluded by any of the aforementioned entities.

http://www.tompkins-co.org/

A6.3.1 Title VI Solicitation Notice

Title VI Solicitation Notice:

The (Name of Sponsor), in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 USC §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders or offerors that it will affirmatively ensure that for any contract entered into pursuant to this advertisement, [select businesses, or disadvantaged business enterprises or airport concession disadvantaged business enterprises] will be afforded full and fair opportunity to submit bids in response to this invitation and no businesses will be discriminated against on the grounds of race, color, national origin (including limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability in consideration for an award.

A6.4 MANDATORY CONTRACT CLAUSES

A6.4.1 Title VI List of Pertinent Nondiscrimination Acts and Authorities

Insert this list in every contract or agreement, unless the Sponsor has determined and the FAA concurs, that the contract or agreement is not subject to the Nondiscrimination Acts and Authorities. This list can be omitted if the

FAA has determined that the contractor or company is already subject to nondiscrimination requirements, which is a rare occurrence.

Title VI List of Pertinent Nondiscrimination Acts and Authorities

During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest

(hereinafter referred to as the “Contractor”) agrees to comply with the following non-discrimination statutes and authorities; including but not limited to:

· Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin);

· 49 CFR part 21 (Non-discrimination in Federally-Assisted programs of the Department of Transportation—

Effectuation of Title VI of the Civil Rights Act of 1964);

· The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601)

(prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);

· Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27 (Nondiscrimination on the Basis of Disability in Programs or Activities

Receiving Federal Financial Assistance);

· The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age);

· Airport and Airway Improvement Act of 1982 (49 USC § 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex);

· The Civil Rights Restoration Act of 1987 (PL 100-259) (broadened the scope, coverage and applicability of Title

VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of

1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not);

· Titles II and III of the Americans with Disabilities Act of 1990 (42 USC § 12101, et seq) (prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38;

· The Federal Aviation Administration’s Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);

· Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-

Income Populations (ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations);

· Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency

(LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs [70 Fed. Reg. 74087

(2005)];

· Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC § 1681, et seq).

Attachment A

CERTIFICATION

Bidders must certify that they will comply with the following requirements if funding is awarded as a result of this

RFP. All awardees of funds shall:

1. Sign an Anti-discrimination Clause and comply with all Equal Opportunity Laws, including the Americans with

Disabilities Act of 1990;

2. Sign a "Certification Regarding Debarment, Suspension, and Other Responsibility Matters," indicating that they have not been debarred or suspended from participating in federal programs because of crimes, fraud, or other serious violations of federal laws and regulations;

3. Sign a certification regarding lobbying, indicating that no Federal funds will be used to attempt to influence any

Federal officer, employee, or elected official;

4. Sign a certification that they provide a drug-free workplace and have a written drug-free workplace policy;

5. Sign a certification that they have and have implemented a written policy addressing sexual harassment prevention in the workplace and provides annual sexual harassment prevention training to all of its employees;

6. Agree to provide training without any duplication of costs;

7. Provide a copy of their most recent financial audit before Contract execution;

8. Agree to allow on-site inspections and audits of any records related to their programs.

I certify that (name of bidder organization) will comply with the above requirements.

Name

Title

Signature and Date

Tompkins County

Request for Proposal – Submission Instructions

Respondents shall submit their proposal response per the instructions below. Respondents who do not follow these guidelines may have their proposals rejected as incomplete or non-responsive.

• Respondents shall read all documents contained in this specification package and complete all sections and attachments. Failure to do so does not excuse respondent from abiding by all instructions, terms or conditions.

• Responses shall be submitted to the location and in the format indicated in the specifications no later than the date and time indicated.

• Respondents must submit their questions regarding any portion of the specifications by posting them on the

Q&A tab found in the solicitation by the date provided. Answers will be provided no later than five (5) days prior to the Proposal due date.

• The County reserves the right to amend the specifications prior to the due date by written “Addenda”. It is the

Respondent’s responsibility to ascertain whether any addenda have been issued prior to submitting their proposal.

• Bids and any other required documents shall be submitted online through the Tompkins County website at:

www.tompkinscountyny.gov/purchase and selecting ‘Open Solicitations’.

• Respondents shall submit all forms that require signatures with their proposal response.

• All responses submitted become the property of the County and are subject to Public Information Policy.

• This invitation to respond does not commit the County to award a Contract, nor shall the County be responsible for any cost or expense that may be incurred by the Respondent in preparing and submitting their response or any cost incurred prior to the execution of a Contract.

• The County reserves the right to cancel the Contract without cause with a minimum of thirty (30) days written notice. Termination or cancellation of the Contract will not relieve the Respondent of any obligations or liabilities resulting from any acts committed by the Respondent prior to the termination of the Contract. The

Respondent may cancel the Contract with one hundred-twenty (120) days written notice.

Submission of Proposals:

1. Responses to this RFP and any other required documents shall be submitted through the Tompkins County website at: www.tompkinscountyny.gov/purchase (see instructions below).

2. Responses must be uploaded and responded to no later than the date and time indicated.

3. Tompkins County reserves the right to reject any or all bids/proposals in whole or in part, to waive any and all informalities, and to disregard all non-conforming, non-responsive or conditional bids/proposals to make the award in a manner deemed to be in the best interest of the County, and to correct any award erroneously made as the result of a clerical error on the part of the County.

Online Bid Submission Instructions:

Bids and any other required documents shall be submitted online through the Tompkins County website at:

www.tompkinscountyny.gov/purchase and selecting ‘Open Solicitations’. This will take you to BidNetDirect where the RFP information is posted for the public. Bidders who do not have, or cannot obtain, internet access must contact the Purchasing Division via email (preferred), purchase@tompkins-co.org or by telephone, (607) 274-5500 for further instructions

COUNTY OF TOMPKINS

GENERAL CONDITIONS

AFFIDAVIT OF NON-COLLUSION

NAME OF RESPONDER: PHONE NO.:

BUSINESS ADDRESS: EMAIL:

I hereby attest that I am the person responsible within my firm for the final decision as to the price(s) and amount of the proposal, or if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on their behalf and on behalf of my company.

I further attest that:

1. The prices in this bid/proposal have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition with any other Contractor, Responder or potential Bidder; and

2. Neither the price(s), nor the amount of this bid/proposal, have been disclosed to any other firm or person who is a Responder or potential Responder on this project, and will not be so disclosed prior to bid/proposal opening;

and

3. No attempt has been made or will be made to solicit, cause, or induce any company or person to refrain from responding to this RFP, or to submit a bid/proposal higher than the proposal of this company, or any intentionally high or non-competitive bid/proposal or other complementary proposal; and

4. The bid/proposal of my company is made in good faith and not pursuant to any agreement or discussion with, or inducement from any firm or person to submit a complementary proposal; and

5. My company has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any other company or person, offeror, promised or paid cash of anything of any value to any company or person, whether in connection with this or any other project, in consideration for an agreement or promise by a company or person to refrain from responding to this RFP or to submit a complementary bid/proposal on this project; and

6. My company has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any company or person, and has not been promised or paid cash or anything of value by and company or person, whether in connection with this or any project, in consideration for my company submitting a complementary bid/proposal or agreeing to do so on this project; and have made a diligent inquiry of all members, officers, employees, and agents of my company with responsibilities relating to the preparation, approval or submission of my company’s proposal on this project and have been advised by each of them that he or she has not participated in any communication, consultation, discussion, agreement, collusion act or other conduct inconsistent with any statements and representations made in this affidavit.

7. By submission of this proposal, I certify that I have read, am familiar with, and will comply with any and all segments of these specifications.

The person signing this proposal, under the penalties of perjury, affirms the truth thereof.

Signature & Company Position:

Print Name & Company Position:

Company Name:

Date Signed:

ANTI-DISCRIMINATION CLAUSE

During the performance of this Contract, (the Contractor) hereby agrees as follows:

• The Contractor will not discriminate against any employee or applicant for employment for any of the following: race, creed, color, ethnicity, military service, marital status, disability, sexual preference, perceived gender, national origin, or status as an ex-offender, and will take affirmative action to ensure that they are afforded equal employment opportunities without discrimination. Such action shall be taken with reference, but not be limited, to recruitment, employment, job assignment, promotion, upgrading, demotion, transfer, layoff or termination, rates of pay or other forms of compensation, and selection for training or retraining, including apprenticeship and on-the-job training.

• The Contractor will send to each labor union or representative of workers with which he has or is bound by a collective bargaining or other agreement or understanding, a notice, to be provided by the State Commissioner for Human Rights, advising such labor union or representative of the Contractor’s agreement under clauses (a) through (f) hereinafter called “non-discrimination clauses”. If the Contractor was directed to do so by the contracting agency as part of the bid or negotiation of this Contract, the Contractor shall request such labor union or representative to furnish him with as written statement that such labor union or representative either will affirmatively cooperate, within the limits of its legal and contractual authority, in the implementation of the policy and provisions of these non-discrimination clauses or that it consents and agrees that recruitment, employment and the terms and conditions of employment under this Contract shall be in accordance with the purposes and provisions of these non-discrimination clauses. If such labor union or representative fails or refuses to comply with such a request that it furnish such a statement, the Contractor shall promptly notify the

State Commission for Human Rights of such failure or refusal.

• The Contractor will post and keep posted in conspicuous places, available to employees and applicants for employment, notices to be provided by the State Commission for Human Rights setting forth the substance of the provisions of clauses (a) and (b) and such provisions of the State’s and local Tompkins County Laws against discrimination as the State Commission for Human Rights shall determine.

• The Contractor will state, in all solicitations or advertisements for employees placed by or on behalf of the

Contractor, that all qualified applicants will be afforded equal employment opportunities without discrimination because of race, creed, color or national origin.

• The Contractor will comply with the provisions of Sections 291-299 of the Executive Law and the Civil Rights

Law, will furnish all information and reports deemed necessary by the State Commission for Human Rights under these non-discrimination clauses and such sections of the Executive Law, and will permit access to his books, records and accounts by the State Commission for Human Rights, the Attorney General and the

Industrial Commissioner for purposes of investigation to ascertain compliance with these non-discrimination clauses and such sections of the Executive Law and Civil Rights Law.

ANTI-DISCRIMINATION CLAUSE continued…

• This Contract may be forthwith cancelled, terminated or suspended, in whole or in part, by the contracting agency…