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 Print 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. Our objective is to strengthen our presence in the local market through strategic print advertising initiatives.

PURPOSE OF REQUEST

Ithaca Tompkins International Airport (ITH) invites qualified agencies to submit proposals for the provision of comprehensive print advertising services. Our aim is to enhance our visibility, communicate effectively with our target audiences, and promote our services through high-impact print media.

PROGRAM OBJECTIVES

• Developing a strategic print advertising plan, aligning with ITH’s marketing objectives.

• Designing innovative and engaging print ads suitable for publication.

• Managing the production process, including layout, design, printing, and distribution.

• Monitoring and reporting on the effectiveness of the print advertising campaigns.

REQUIRED PROGRAM PARAMETERS

For the successful execution of Print Advertising Services for Ithaca Tompkins International Airport (ITH), the following program parameters are established:

1. Strategic Campaign Development:

• Design a comprehensive print advertising campaign that aligns with ITH’s marketing objectives and resonates with the target audience.

2. Creative Design and Production:

• Develop creative, engaging, and visually appealing print ads that effectively communicate ITH’s brand message.

• Ensure that all creative assets adhere to ITH’s brand guidelines and are suitable for a variety of print formats.

3. Campaign Execution and Management:

• Oversee the timely and accurate implementation of the print advertising campaign.

4. Monitoring and Performance Evaluation:

• Track and analyze the performance of print advertising campaigns, assessing reach, engagement, and impact on the target audience.

• Regularly review and adjust the campaign strategy based on performance data and market feedback.

5. Reporting and Communication:

• Provide regular, detailed reports on campaign performance, including insights into audience reach and engagement.

• Maintain open and effective communication with ITH’s marketing team, ensuring alignment and collaborative decision-making.

6. Budget Management and Accountability:

• Efficiently manage and allocate the advertising budget, ensuring maximum return on investment.

• Provide transparent financial reporting, detailing expenditures and budget utilization.

7. Compliance with Regulations and Standards:

• Ensure all advertising content complies with applicable advertising standards, legal requirements, and ethical guidelines.

• Uphold ITH’s brand integrity and public image in all print materials.

These program parameters are designed to guide the execution of a successful print advertising campaign that effectively communicates ITH’s value proposition, reaches the target audience, and supports the airport's broader marketing and operational goals.

FOCUS POPULATIONS

For the Print Advertising Services RFP at Ithaca Tompkins International Airport (ITH), it is crucial to target specific focus populations to maximize the effectiveness and reach of the campaigns. The identified key populations include:

1. Local Residents: Individuals living in and around the Ithaca region, who may use the airport for personal or professional travel. This group is essential for promoting local flights and services.

2. Business Travelers: Professionals who frequently travel for work and seek convenient and efficient flight options. This group values quick, accessible airport services and reliable scheduling.

3. College and University Students: This includes students from local and nearby institutions who travel for academic reasons or holidays. They often look for budget-friendly travel options and convenient schedules.

4. Leisure Travelers: Comprising families, couples, and individuals seeking travel for vacation, leisure, or to visit friends and family. They are typically attracted to promotional deals, vacation packages, and direct flights to popular destinations.

5. Visiting Academics and Conference Attendees: Scholars, researchers, and attendees of conferences or academic events in the Ithaca area. This population requires information on easy travel options and possibly extended stay services.

6. Cultural and Adventure Tourists: Individuals attracted to the unique cultural, historical, and natural experiences offered in the Ithaca region, including the Finger Lakes.

7. Seasonal Travelers: Individuals traveling specifically during peak seasons like summer vacations, winter holidays, or special event periods. Campaigns targeting this group should focus on seasonal promotions and travel packages.

By focusing on these populations, ITH’s print advertising campaigns can be tailored to address the unique needs and preferences of each group, ensuring that the messaging resonates effectively and drives engagement with the airport’s services.

PROGRAM ELEMENTS

The Print Advertising Services for Ithaca Tompkins International Airport (ITH) should incorporate the following program elements to ensure a comprehensive and effective approach:

1. Target Audience Research and Insights:

• Conducting detailed research to understand the preferences, behaviors, and media consumption patterns of the identified focus populations.

• Gaining insights into market trends and competitor strategies relevant to print media.

2. Strategic Planning and Development:

• Developing a strategic plan for print advertising that aligns with ITH's overall marketing objectives and effectively targets the focus populations.

3. Creative Design and Messaging:

• Producing creative and visually appealing print advertisements that effectively convey ITH’s brand message and resonate with the target audience.

• Ensuring all creative content aligns with ITH’s brand guidelines and tone.

4. Campaign Execution and Management:

• Overseeing the execution of the print advertising campaign to ensure adherence to the planned strategy and timelines.

5. Performance Monitoring and Evaluation:

• Establishing metrics to evaluate the effectiveness of the print advertising campaigns in terms of reach, audience engagement, and brand impact.

• Regularly reviewing and adjusting the campaign strategy based on performance data.

6. Reporting and Analysis:

• Providing comprehensive reports on campaign performance, including insights into audience reach, engagement, and return on investment.

• Utilizing data to make informed decisions for future campaign adjustments and improvements.

7. Budget Management and Fiscal Responsibility:

• Efficiently managing the allocated budget for print advertising, ensuring maximum return on investment and transparency in spending.

• Providing detailed financial reporting on budget allocation and expenditure.

8. Compliance and Ethical Standards:

• Ensuring that all print advertising content complies with applicable standards, legal requirements, and ethical advertising practices.

• Upholding ITH’s brand integrity and public image in all campaign materials.

These program elements are designed to create an effective print advertising framework that enhances ITH’s visibility, effectively communicates with target audiences, and supports ITH's broader marketing and operational goals.

MONITORING AND REPORTING FOR PROGRAM AND FISCAL COMPLIANCE

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

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

1. Regular Campaign Monitoring:

• Continuous monitoring of the print advertising campaigns to assess adherence to the strategic plan and its effectiveness.

• Tracking key performance indicators (KPIs) reach, impressions, audience engagement, and brand recall.

2. Financial Oversight:

• Systematic tracking and documentation of all financial expenditures related to the print advertising campaign.

• Regular audits to ensure that expenditures align with the allocated budget and that there are no discrepancies.

3. Compliance Checks:

• Regular reviews to ensure compliance with all applicable advertising standards and regulations.

• Ensuring all campaign content aligns with ITH’s brand guidelines and ethical advertising practices.

4. Performance Reporting:

• Providing comprehensive, periodic reports detailing campaign performance against set objectives and KPIs.

• Including insights and recommendations based on performance data for ongoing optimization.

5. Budget Utilization Reports:

• Submitting detailed reports on budget utilization, showcasing how funds are allocated and spent across various segments of the campaign.

• Highlighting any cost-saving measures implemented or areas of over-expenditure.

6. Quality Assurance Reviews:

• Implementing quality assurance processes to review and approve all advertising content before print.

• Ensuring consistency and quality in all aspects of the campaign execution.

7. Feedback and Adjustment Mechanism:

• Establishing a mechanism for ITH to provide feedback on campaign performance and content quality.

• Demonstrating responsiveness to feedback by implementing necessary adjustments efficiently and effectively.

8. Record Maintenance:

• Maintaining comprehensive records of all campaign activities, including creative content, media placements, performance data, and financial documents.

• Ensuring easy access to these records for review by ITH upon request.

9. Annual Compliance and Impact Assessment:

• Conducting an annual assessment to evaluate the overall compliance of the program with industry standards and its impact on ITH’s marketing objectives.

• Submitting an annual report summarizing these findings and any lessons learned or recommendations for future campaigns.

Adherence to these monitoring and reporting guidelines will ensure that the Print Advertising Services for ITH are executed with the highest standards of transparency, accountability, and effectiveness, contributing to the airport's strategic marketing and operational goals.

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 Print 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 print advertising needs and demonstrates a clear, innovative strategy.

2. Experience and Performance: The proposer's past performance, experience in print 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 29, 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 Objectives:

• The degree to which the proposal aligns with the goals and objectives set forth by Ithaca Tompkins

International Airport for its print advertising campaign.

• Understanding of ITH’s target markets and the ability to effectively reach and engage these specific audiences.

2. Experience and Expertise:

• Demonstrated experience and expertise in print advertising, particularly in markets similar to those of ITH.

• Proven track record of successful print advertising campaigns, with examples and references.

3. Strategic Approach to Print Advertising:

• Quality and innovation of the proposed strategic approach, including audience targeting, creative content development, and media planning.

• Ability to develop a campaign that is both engaging and effective in achieving ITH’s marketing goals.

4. Quality of Proposed Creative Content:

• Creativity and suitability of the proposed content for print advertising.

• Quality of design, production, and overall content delivery.

5. Cost-Effectiveness:

• The overall cost-effectiveness of the proposal.

• Transparency and rationality of the budget, ensuring value for money and ROI.

6. Compliance and Ethical Standards:

• Adherence to relevant print standards and regulations.

• Ethical considerations in advertising content and practices.

7. Performance Measurement and Reporting:

• Effectiveness of proposed methods for measuring and reporting campaign performance.

• Use of appropriate metrics and KPIs to evaluate success and ROI.

8. Team Qualification and Resources:

• Qualifications, experience, and availability of the team assigned to ITH’s project.

• Adequacy of resources to execute the campaign effectively and respond to ITH’s needs.

9. Client References and Testimonials:

• Strength and relevance of client references and testimonials provided.

• Positive feedback and successful outcomes from similar projects.

10. Community Engagement:

• Efforts to engage with and positively impact the local community.

Proposals will be evaluated based on these criteria to ensure the selected provider is best suited to meet ITH’s print advertising needs, ensuring effective communication, audience engagement, and alignment with ITH’s strategic marketing objectives.

TIMELINE

Action Item

Date

RFP Issue

Wednesday, January 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 Thursday, 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 upon the basis of a finding made by the State Commission for Human Rights that the Contractor may be declared ineligible for future contracts made by or on behalf of the State or a public authority or agency of the

State, until he satisfies the State Commission for Human Rights that he has established and is carrying out a program in conformity with the provisions of these non-discrimination clauses. Such finding shall be made by the State Commission for Human Rights after conciliation efforts by the Commission have failed to achieve compliance with these non-discrimination clauses and after a verified complaint has been filed with the

Commission, notice thereof has been given to the Contractor and opportunity has been afforded him to be heard publicly before three members of the Commission. Such sanctions may be imposed, and remedies invoked independently of or in addition to sanctions and remedies otherwise provided by law. The Contractor will include the provisions of clauses (a) through (f) in every subcontract or purchase order in such a manner that such provisions be performed within the State of New York. The Contractor will take such action in enforcing such provisions of such subcontract or purchase order as the contracting agency may direct, including sanctions or remedies for non-compliance. If the Contractor becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of such direction by the contracting agency, the Contractor shall promptly so notify the Attorney General, requesting him to intervene and protect the interests of the State of New York.

G…