RFP#02-2025 ARMED AND UNARMED GUARDS.pdf

Town of Cortlandt Purchasing

1 Heady Street Cortlandt Manor, New York 10567

(914) 734-1047 www.townofcortlandt.com

RFP OPENING: AUGUST 6, 2025 2:00 PM EST

SECTION I - INVITATION

SECTION II - GENERAL INSTRUCTIONS

SECTION III – SPECIFICATIONS/SCOPE OF WORK

SECTION V - NON-COLLUSIVE BIDDING CERTIFICATE

SECTION VI – INSURANCE CERTIFICATE

RFP#02-2025

Armed and Unarmed Guard Services

TOWN OF CORTLANDT PURCHASING

1 HEADY STREET

CORTLANDT MANOR, NEW YORK 10567

TELEPHONE: 914-734-1047 / FAX: 914-734-1049

TITLE: ARMED AND UNARMED GUARDS RFP NUMBER: RPF# 02-2025

July 7, 2025

Attention Vendor(s):

You are invited to submit a Request for Proposal for Armed and Unarmed Guards required by the Town of Cortlandt.

Attached you will find general information, a description of the work, and a Non- Collusive Certificate and insurance information.

Yours truly, Jennifer Glasheen Director of Purchasing

JG/attachments.

TABLE OF CONTENTS

GENERAL INSTRUCTIONS

1. Term of Contract

2. Award of Contract

3. Prices and Quantities

4. Delivery

5. Penalty

6. Delivery of Unapproved Substitutions

7. New Products

8. Service

9. Trade Names

10. Protest

11. Price Extension

12. Bid Deposit

13. Performance Bonds

14. Purchases /services by the Village of Croton and Buchanan

15. Format of Proposal

16. RFP Development

17. Inquiries

18. Termination Clause

19. Prevailing Wage

20. Multiple Award

21. Equivalent or Identical Bids

22. Suspension of Work

23. Termination

24. Billing

25. Alternate Agreement

26. Emergency Products and Services

27. Agenda & Interpretations

28. Proposal Coordinator

29. Site Visit

30. Inquires

SECTION II - GENERAL INSTRUCTIONS

An RFP defines the situation or object for which the goods and/or services are required, how they are expected to be used and/or problems that they are expected to address. Vendors are invited to propose solutions that will result in the satisfaction of the Town’s objectives in a cost-effective manner. The proposed solutions are evaluated against a predetermined set of criteria of which price may not be the primary consideration.

Please use RFP# 02-2025 number on all correspondences.

These general specifications, as completed by the vendor, shall become part of his proposal.

RFP’s shall be received and publicly opened in the office of the Director of Purchasing of the Town of Cortlandt, Town Hall, 1 Heady Street, Cortlandt Manor, New York, 2:00 PM (local Verizon time) on August 6, 2025, for Armed and Unarmed Guards.

Proposals shall be CLEARLY marked “RFP#02-2025-Armed and Unarmed Guards”.

A Non-Collusive Affidavit (copy attached) shall accompany each RFP.

An authorized individual shall sign RFP’s.

The Town of Cortlandt is exempt from payment of ALL Federal and New York State taxes.

Bidders shall familiarize themselves with all provisions of these specifications and shall not, after submitting a proposal, dispute the specifications or assert that there is a misunderstanding in regard to the furnishing of items(s) in this RFP.

The vendor in submitting this proposal agrees to enter into contract with the Town of Cortlandt.

1. TERM OF CONTRACT:

____ One time term service

__x__ One year fixed price contract with an option for a second year with mutual consent of all parties.

_____ Six-month fixed price contract with an option for a second six months with mutual consent of all parties.

_____ Other:

2. AWARD OF CONTRACT:

The Director of Purchasing reserves the right to select the proposal, the acceptance of which will, in his judgement, best secure this material, equipment or services which will be in the best interest of the Town of Cortlandt (irrespective of whether it is low bid, the high bid, or otherwise) or to reject any or all proposals. Proposals which are incomplete, conditional or obscure or which contain conditions not called for, erasures, alterations or irregularities of any kind may be rejected as informal, or may be waived at the discretion of the Director of Purchasing if any informality is deemed immaterial and nonprejudicial to the Town and other bidders.

Financial Stability The successful proposer must demonstrate financial stability and the Town reserves the right to conduct independent background checks to determine the financial strength of any and all organizations or individuals submitting proposals.

Negotiation Delay If any contract cannot be negotiated with thirty (30) days of notification to the designated proposer, the Town may terminate negotiations with that proposer and negotiate a contract agreement with another proposer of its choice.

Samples Samples may be requested and become part of the evaluation process. It a sample is not provided within the requested timeframe that vendors proposal may be eliminated.

Interviews Subsequent to the submission of proposals, interviews and negotiations may be conducted with some of the proposers, but there shall be no obligation to receive further information from any proposer.

3. PRICES AND QUANTITIES: (If applicable)

It is understood that contract prices shall hold firm and prevail for the actual quantities required and ordered as needed during the life of the contract whether more or less than estimated quantities. Quantities as listed are estimated for RFP purposes only. Award of contract shall be for the quantities actually ordered as needed during the contract period.

Unit prices quoted shall be net exclusive of all taxes; and must include all transportation, delivery and unloading costs fully prepaid F.O.B. destination, inside delivery.

These unit prices shall not be subject to any increase during the life of the contract.

If any reduction in price is announced during the life of the contract, The Town of Cortlandt shall receive the benefit of such reduction. In such event the contractor must submit his revised prices in writing within (5) five days of announcement.

4. DELIVERY: (If applicable)

All deliveries are to be made within n/a workdays of receipt of written purchase order or authorized verbal requests except as may be otherwise arranged by supplier and purchaser.

Emergency deliveries are to made within twenty-four (24) hours from receipt of a telephone or TWX request from the Director of Purchasing.

All deliveries are to be made on business weekdays between the hours of 9:00AM and 3:00PM, Except as may be otherwise arranged by supplier and purchaser.

5. PENALTY:

In the event deliveries are not made as specified to a Town delivery point the Director of Purchasing shall reserve the right to purchase any such item on the open market, and to charge any increase in price paid over the current price to the account of the contractor.

6. DELIVERY OF UNAPPROVED SUBSTITUTIONS:

Vendors are authorized to ship only those items covered by the Town contract. If a review of orders placed by the Town reveals that an item other than those covered by and specified in the Town contract have been ordered and delivered, the Director of Purchasing will take such steps as are necessary to have the item(s) returned by the contractor regardless of the time lapse between the date of delivery and discovery of the violation. Full credit will be demanded compliance with this requirement as a joint responsibility of the Town and the vendor. Violation of this clause may result in the removal of the offending vendor(s) name form the Town(s) mailing list for a period up to three years.

7. NEW PRODUCTS:

All products will be NEW unless otherwise indicated in this bid.

8. SERVICE:

Contractor must be prepared at all times to furnish technical services at no charge including product testing laboratory services within two (2) business days of a request to do so from the Director of Purchasing and to investigate and report to the Director of Purchasing on any complaint that might arise in connection with the use of his product by the using Town agency whenever the qualitative character of his product is in question.

9. TRADE NAMES:

Proposals shall state the trade name, brand name or manufacturer for each item. Such trade names shall not in any way set aside the requirement of compliance with specifications.

Reference to a particular trade name, brand name or manufacturer catalog or model number are made for descriptive purposes to guide the bidder in interpreting the requirement of the Town of Cortlandt. They should not be construed as nor are they intended to exclude proposals on other types of materials, equipment and supplies unless the words “NO SUBSTITUTIONS” are added to that particular line item on the specification page.

10. PROTESTS:

No protests regarding the validity or appropriateness of the specifications or of the invitation for bids will be considered unless the protest is filed with the Director of Purchasing prior to the closing date for bids. Post-award protests must be filed with the Director of Purchasing within 5 calendar days of bid award. The Director will consult with the appropriate Town official(s) and render a decision in writing within 5 calendar days from date protest is filed.

11. PRICE EXTENSION:

It is understood and agreed that all Agencies, Boards, Commissions and Authorities of the Town of Cortlandt may participate in the contract award.

The undersigned offers and agrees, if this offer is accepted within 45 calendar days from the date for receipt of offers specified herein, to furnish any or all items upon which prices are offered, at the price set opposite each item, delivered at the designated point(s) within the time specified in the schedule.

12. DEPOSIT:

All bidders shall post a certified check or letter of credit at the request of the Director of Purchasing, in a percentage of the entire bid price. If no set amount is bid, then the Purchasing Director shall set the appropriate amount required. Said certified check or letter of credit must be delivered with the bid proposal.

__x Not Required To be submitted in the amount of ____% of bid total $________.

____ Required

____ Required Amount of $_____ estimated and set by the Purchasing Director.

Checks of unsuccessful bidders will be returned as soon as contract is awarded.

13. PERFORMANCE BOND:

Successful vendor may be required to post a performance bond that will be considered as a guarantee that the bidder will render services as stated in the specifications, if awarded to him and will be forfeited to the Town of Cortlandt, New York, as liquidated damages if he fails to do so within time specified. Successful vendor upon notification of award must apply for performance bond if indicated in the General Bidding Instructions and in the amounts indicated.

_x__ NOT REQUIRED To be submitted in the amount of ____% of vendor’s bid total

____ REQUIRED

14. PURCHASES BY THE VILLAGE OF CROTON-ON-HUDSON AND BUCHANAN:

All prices and conditions will be available to the VILLAGE OF CROTON-ON-HUDSON, NEWYORK, AND THE VILLAGE OF BUCHANAN, NEWYORK, said Villages will be responsible for their own ordering and payment directly with the vendor.

15. FORMAT OF PROPOSAL

Original and copies of the proposal’s proposal should be arranged as follows:

Title Page: showing RFP number, closing dated and time, proposer name, address, telephone number and contact person.

Letter of Introduction: one page, introducing the company and signed by the person(s) authorized to sign on behalf of, and bind the company to, statements made and response to this RFP.

Company Profile and Vendor Information: addressing the Company profile and Vendor Information.

Detailed Response: addressing each of the items listed under Evaluation criteria described in Package.

References: provide a minimum of three (3) references for similar projects completed; Include contact name, telephone number, date of contract date of completion and dollar value of contract.

Cost Proposal: addressing all costs.

16. RFP DEVELOPMENT

Prepared by: Jennifer Glasheen

17. INQUIRIES

All inquiries related to this request for proposal are to be in writing to the Town. Information obtained from any other source is not official and may be inaccurate. Inquires should be directed to the Purchasing Director.

The Town reserves the right to award a contract in part or in full, on the basis of responses received.

18. TERMINATION CLAUSE

The Town reserves the right to terminate any contract resulting from this bid with

(10) ten calendar days written notice to the vendor. The Town agrees to show cause and allow the vendor the opportunity to rectify problems. However, if in the sole opinion of the Town Attorney, Purchasing and the using department, the vendor has not resolved the problem to the satisfaction of the Town in a timely and workman like manner, said contract shall be terminated and the vendor agrees to remove said equipment from Town property within seven (7) calendar days and refund the Town in full for the equipment within that same timeframe

19. PREVAILING WAGES (FOR APPLICABLE PROJECTS ONLY)

All vendors submitting bids are required to conform to all current NYS prevailing wage laws. The Town may have applied for and has received a PRC number for this project, which has been included with this document as an attachment. The successful vendor(s) is/are responsible for complying with all current labor rates and regulations throughout the duration of any contract resulting from this document. Current rates are available by calling the NYS Department of Labor at (585) 258-4505. Rates are also available via the internet at: http://198.22.236.39/prevailing_wage_home.shtm

The Town will only pay and the vendor agrees to only charge prevailing wage rates to those employees of any organization that are required by New York state law to receive said rates in the course doing work for the Town. Payments may not be made to any vendor covered under this contract prior the vendor supplying the Town with certified payrolls in accordance with New York State Department of Labor regulations.

The contractor agrees to verify all rates with the New York state department of Labor prior to submitting a proposal and prior to doing any work for the Town as well as to establish which of those workers involved in any part of a contract for the Town are required by law to receive said rates

Corporations and Partnerships submitting proposals are hereby informed that ALL personnel working on this project must be paid the prevailing rate or above in accordance with the current New York State Labor Laws in effect during the course of the project.

This includes all owners, partners and other management and other employees as required.

No payments will be made to any vendor covered under this contract prior the vendor supplying the Town with certified payrolls in accordance with New York State Department of Labor regulations.

NOTE: Vendors currently on the NYS Labor Department Debarred list will not be considered for award of this contract. By submitting a bid for consideration, the vendor is indicating to the County that they are currently in good standing with the NYS Department of Labor at the time of the bid.

Fed ID#______________________________________________________________________

20. MULTIPLE AWARD A determination and award of a Contract in the discretion of the Director of Purchasing to more than one responsive and responsible Bidder who meets the requirements of a specification, where the multiple award is made on the grounds set forth in the Bid Document in order to satisfy multiple factors and needs of Authorized Users (e.g., complexity of items, various manufacturers, differences in performance required to accomplish or produce required end results, production and distribution facilities, price, compliance with delivery requirements, geographic location or other pertinent factors).

21. EQUIVALENT OR IDENTICAL BIDS

In the event two offers are found to be substantially equivalent, price shall be the basis for determining the award recipient. If two or more Bidders submit substantially equivalent proposal as to pricing or other factors, the decision of the Director of Purchasing to award a Contract to one or more of such Bidders shall be final.

22. SUSPENSION OF WORK

The Director of Purchasing, in his/her sole discretion, reserves the right to suspend any or all activities under this Contract, at any time, in the best interests of the Authorized User.

In the event of such suspension, the Contractor will be given a formal written notice outlining the particulars of such suspension. Examples of the reason for such suspension include, but are not limited to, a budget freeze or reduction on State spending, declaration of emergency, contract compliance issues or other such circumstances. Upon issuance of such notice, the Contractor is not to accept any Purchase Orders, and shall comply with the suspension order. Activity may resume at such time as the Commissioner issues a formal written notice authorizing a resumption of performance under the Contract.

An Authorized User may issue a formal written notice for the suspension of work for which it has engaged the Contractor for reasons specified in the above paragraph. The written notice shall set forth the reason for such suspension and a copy of the written notice shall be provided to the Director of Purchasing.

23. TERMINATION

For Cause: For a material breach that remains uncured for more than thirty (30) days or other specified period after written notice to the Contractor, the Contract or Purchase Order may be terminated by the Director of Purchasing or Authorized User at the Contractor’s expense where Contractor becomes unable or incapable of performing, or meeting any requirements or qualifications set forth in the Contract, or for non-performance, or upon a determination that Contractor is non-responsible. Such termination shall be upon written notice to the Contractor. In such event, the Director or Authorized User may complete the contractual requirements in any manner it may deem advisable and pursue available legal or equitable remedies for breach.

For Convenience: By written notice, this Contract may be terminated at any time by the Town for convenience upon sixty (60) days written notice or other specified period without penalty or other early termination charges due. Such termination of the Contract shall not affect any project or Purchase Order that has been issued under the Contract prior to the date of such termination. If the Contract is terminated pursuant to this subdivision, the Authorized User shall remain liable for all accrued but unpaid charges incurred through the date of the termination. Contractor shall use due diligence and provide any outstanding deliverables.

24. CONTRACT BILLINGS

Contractor and the distributors/resellers designated by the Contractor, if any, shall provide complete and accurate billing invoices to each Authorized User in order to receive payment. Billings for Authorized Users must contain all information required by the Contract. Bills are processed approximately twice monthly or upon mutual agreement between contractor and Town.

25. ALTERNATE AGREEMENT

If, during the term of this agreement, a New York State or County of Westchester agreement for substantially the same item(s) quoted herein, has a favorable prices, terms and conditions that the Town has interest in utilizing, then the Town will have the right to utilize this identified alternate agreement in lieu of this agreement for a period up to, but, not necessarily through, the end of the terms of this agreement.

26. EMERGENCY PURCHASES AND SERVICES

In the event that a disaster emergency is declared and the product and/or service outlined on this contract is essential to the Town, vendor must provide prompt and immediate delivery of products and/or services, the Town reserves the right to obtain such products or services from any source, including but not limited to this contract, as the Town in his/her sole discretion determines will meet the needs of such emergency.

27. ADDENDA AND INTERPRETATIONS

All addenda should be posted through the originating source of information.

28. PROPOSAL COORDINATOR

This Request for Proposal is issued by the Town of Cortlandt Purchasing Department.

The RFP coordinator is listed below. All requests for information MUST go through the RFP coordinator, who is the primary point of contact regarding this proposal from the date of issuance until the PUR-02-2025 of the successful contractor.

Town of Cortlandt Purchasing C/o Jennifer Glasheen 1 Heady St.

Cortlandt Manor, New York 10567 Phone (914) 734-1046 Fax (914) 734-1049 E-mail: jglasheen@townofcortlandt.com

29. SITE VISITS

A Pre-Proposal meeting: None at this time.

30. INQUIRIES

All inquiries related to this request for proposal are to be in writing to the Town. Information obtained from any other source is not official and may be inaccurate. Inquiries should be directed to the Purchasing Director.

The Town reserves the right to award a contract in part or in full, on the basis of responses received.

TOWN OF CORTLANDT PURCHASING

1 HEADY STREET

CORTLANDT MANOR, NEW YORK 10567

TELEPHONE: 914-734-1047 / FAX: 914-734-1049

TITLE: Armed and Unarmed Guards RFP NUMBER: RFP#02-2025

Please attach all applicable paperwork to the proposal form.

SCOPE OF WORK

The security company(s) shall perform the following services in accordance with the requirements as defined and noted herein. In the scope of work the Armed and Unarmed Guards shall:

Please provide Town with any documented information regarding the level of service being requested and documentation required to be submitted:)

Overtime requirement; Town will need coverage for additional times and events Holiday coverage requirement; none at this time Quality/performance monitoring should be included with proposal.

State possible cost benefits if hours during meetings are less than (4) if any Vehicles are not needed at this time.

References- at least (5) should be submitted for similar or like projects Invoices processed month with certified payroll ** Town may require to interview/approve any security person Vendor must demonstrate the ability to utilize technical systems for security Vendor must demonstrate the ability to work with applicable Town staff to improve total town security including procedures and hardware.

Contractor must indicate the amount of advanced time needed for additional services when requested.

Contractor must have the ability to provide backup personnel Contractor must provide emergency (24) hour contacts The Town reserves the right to request alternate security staff if deemed unsuitable.

Vendor should provide alternate pricing for applicable certifications (CPR).

The Town anticipates that its requirements may change substantially in the near future. We reserve the right to terminate this agreement with one months’ notice.

This contract is subject to the prevailing wage determination made by the New York State

Department of Labor.** Proposal Pricing for armed services – Section 1: Court days, M & Th 8:30-4:30 pm; Wed 3:30-

8:00pm (Additional full week may be necessary upon request) Proposal Pricing for unarmed services – Section 2.: M- F and Weeknights 2-3 days 5:30-10pm

EVALUATION CRITERIA - Section 1 – Armed Guards

Proposals shall be evaluated based upon the following criteria:

- Former Police Experience staffing;

- Experience managing a court room and attendees

- Experience with required technology

- Management capability – structure of staffing

- Mandatory replacement for time off and call outs

- Qualification, training and licensing of proposed staff;

- Conformance with the schedule of work set forth in the RFP; and

- Offer references & testimonials.

- Interviews with officers will be required ** Prevailing Wage is not required. OT may be requested or additional days.

Criteria Weighting Experience – Former Police Office / Court Room 45%

Mandatory Back up Staffing 20% Price & Cost Structure 25%

References & Testimonials 10% Licensing & Certification REQUIRED

The committee’s evaluation and analysis of each proposal may include several stages. The Town may make inquiries with each company to assist and clarify each aspect of a document. This may include meetings, conference calls and evaluation of any material deemed applicable.

PROPOSAL – Section 1– Armed Guards

TYPE Services Number of Days Straight Time Overtime

Court Days (armed) 2- 4 Days of Week

Company Name ________________________________________________________________

Address_______________________________________________________________________

Authorized Signature____________________________________________________________

Printed Name__________________________________________________________________

Telephone_______________________________Fax___________________________________

E-Mail________________________________________________________________________

EVALUATION CRITERIA – Section 2. Unarmed Guards

Proposals shall be evaluated based upon the following criteria:

- Professional appearance, uniformed; Professional attitude; Attention to detail

- Experience in utilizing required equipment and/or technology

- Effective Communicator; Bilingual Encouraged

- Offer’s overall past performance

- Qualification, training and experience of the offer’s proposed staff;

- Conformance with the schedule of work set forth in the RFP; and

- Qualification, training and licensing of proposed staff;

- Offer references.

- Interviews with officers / candidates required.

- Prevailing Wage – **See notes below.

Criteria Weighting Company Experience 20%

Mandatory Back up Staffing 20% Price & Cost Structure 25%

Communication Skills / Bilingual / Uniform 25% References & Testimonials 10% Licensing & Certification REQUIRED

** Electronic Certified Payroll Submissions in 2025

There is a new subsection 220-j in Article 8, which will require the Department of Labor to develop a publicly accessible online database of electronic certified payroll records, which will be available no later than December 31, 2025.

All submissions of certified payroll records will be collected electronically through this forthcoming database, starting when the system is completed in 2025. Please watch the NYS Department of Labor website for additional information.

PROPOSAL

TYPE Services Number of Days Straight Time Overtime

Mon- Friday (unarmed)

5 Days of Week

Mon- Friday (unarmed) OT Accept

2- 3 days evening

Company Name ________________________________________________________________

Address_______________________________________________________________________

Authorized Signature____________________________________________________________

Printed Name__________________________________________________________________

Telephone_______________________________Fax___________________________________

E-Mail________________________________________________________________________

NON - COLLUSIVE BIDDING CERTIFICATE

Required by Section 103-d of the General Municipal Law

By submission of this bid or proposal, the bidder certifies that: (a) this bid or proposal has been independently arrived at without collusion with any other bidder or with any competitor or potential competitor; (b) this bid or proposal has not been knowingly disclosed, prior to the opening of bids or proposals for this project, to any other bidder, competitor or potential competitor; (c) no attempt has been or will be made to induce any other person, partnership or corporation to submit or not to submit a bid or proposal; (d) the person signing this bid or proposal certifies that he has fully informed himself regarding the accuracy of the statement contained in this certification and under the penalties of perjury, affirms the truth thereof, such penalties being applicable to the bidder as well as to the person signing in its behalf; (e) that attached hereto (if a corporate bidder) is a certified copy of resolution authorizing the execution of this certificate by the signator of this bid or proposal in behalf of the corporate bidder.

(signature of individual signing bid)

Resolved that ____________________________________________________________ (signature of individual signing bid) be authorized to sign and submit the bid or proposal of this corporation for the following project__________________________________________________________________ (describe project) and to include in such bid or proposal the certificate as to non-collusion required by section one hundred three - d of the General Municipal Law as the act and deed of such corporation and for any inaccuracies or misstatements in such certificate this corporate bidder shall be liable under the penalties of perjury.

The foregoing is a true and correct copy of the resolution adopted by _________________ corporation at a meeting of its board of directors held on the

___________________day of ________________________________ 2025.

Secretary

(Seal of the Corporation)

STANDARDIZED INSURANCE REQUIREMENTS FOR VENDORS

When a Vendor has occasion to enter upon the property of the Town of Cortlandt for any reason related to the sale of the Vendor's product to the Town of Cortlandt or purchase of surplus Cortlandt goods by the Vendor, the Vendor shall indicate the insurance coverage supplied by this carrier, and that the below mentioned insurance is in full force and effect.

A. Workmen's Compensation, Statutory, in compliance with the Compensation Law of the State of New York.

B. General Liability Insurance one million dollars combined single limit (CSL) including the Following:

1. All Premises - Operations

2. Contractual Liability

3. Products Liability and Completed Operations.

4. Town of Cortlandt to be named as additional insured

If additional coverages and limits are required for a specific agreement, those requirements will be outlined elsewhere in the agreement specifications. All agreements involving the use of explosives and demolition shall provide the above coverage with elimination of the XCU exclusion from the policy or proof that the XCU is covered.

C. Automobile Liability Insurance one million dollar combined single limit (CSL) including the following:

1. Owned Automobiles

2. Hired Automobiles

3. Non-owned Automobiles

THIS FORM MUST BE SIGNED BY VENDOR - (AN OFFICER OF THE

CORPORATION.)

INDEMNIFICATION CLAUSE

In addition to, and not in limitation of, the above insurance provisions, for (Bid or RFP Number) the contractor (Consultant, Licensee,)

A. That except for the amount, if any, of damage contributed to, caused by or resulting from the negligence of the Town of Cortlandt, the Contractor shall indemnify and hold harmless the Town of Cortlandt, its officers, employees and agents from and against any an all liability damage, claims demands, costs, judgements , fees, attorney's fees or loss arising directly; or indirectly out of the performance of failure to perform hereunder by the Contractor or indirectly out of the performance or failure to perform hereunder by the Contractor or third parties under the direction or control of the Contractor and

B. To provide defense for and defend at its sole expense, any and all claims, demands or causes of action directly or indirectly arising out of this Agreement and to bear all other costs and expenses related thereto.

Vendor affirms that he will comply in the performance of Contract with all applicable provisions of the Labor Law, Workman's Compensation Law, Federal Social Security Law, and any and all rules and regulations promulgated by the Federal Department of Labor and/or the Industrial Commissioner of the State of New York and any other applicable laws, rules and regulations and all amendments and additions thereto.

SIGNATURE_____________________________________

OFFICIAL TITLE___________________________________