TNH189-2026 Legal Services.pdf

TOWN OF NORTH HEMPSTEAD

REQUEST FOR PROPOSALS

FOR

LEGAL SERVICES

OFFICE OF THE TOWN ATTORNEY

220 Plandome Road

P.O. Box 3000

Manhasset, NY 11030-2327

(516) 869-6311

Supervisor

Jennifer DeSena

Town Board

Robert J. Troiano

Edward Scott

Dennis J. Walsh

Christine Liu

Yaron Levy

Mariann Dalimonte

Town Attorney

Richard J. Nicolello

Issue Date: October 5, 2026

Proposals Due: November 6, 2026 11AM

RFP No. TNH189-2026

REQUEST FOR PROPOSALS

I. INTRODUCTION

A. General Information

The Town of North Hempstead (the "Town") seeks to establish a panel of stand-by counsel who are prepared to represent the Town in various matters. As such, the Town is requesting proposals from qualified law firms, located and authorized to do business in the State of New York, to perform specialized litigation, counseling, drafting and negotiating services. Law firms may be selected from among responding firms based on a thorough analysis of each firm’s ability to provide the Town with the highest quality legal services at cost-effective fees.

The selected proposer(s) will be required to work closely with Office of the Town

Attorney and in certain instances, the Town’s insurance carriers.

The following conditions apply to this RFP:

• There is no express or implied obligation for the Town to reimburse responding firms for any expenses incurred in preparing proposals in response to this request, and the Town will not reimburse such expenses.

• Any inquiries concerning this RFP must be in writing or by email and should be addressed to Georgina Carr at contracts@northhempsteadny.gov. All inquiries must bear the RFP number assigned to this RFP. This shall be the sole point of contact for this RFP. Written responses to all inquiries will be posted to the Town’s website as an addendum to the RFP. It shall be the responsibility of the

Proposer(s) to inquire as to any addenda issued.

• To be considered, one (1) original copy and (1) thumb drive containing the same proposal must be delivered in a sealed envelope and received by the

Procurement Division at 220 Plandome Road, Manhasset, New York

11030 by 11:00 a.m. November 6, 2026. The Town reserves the right to reject any or all proposals submitted.

• During the evaluation process, the Town reserves the right, where it may serve the Town's best interest, to request additional information or clarification from a proposer, or to allow corrections on non-material errors or omissions or waive non-material requirements. At the discretion of the Town, some or all of the firms submitting proposals may be requested to make oral presentations as part of the evaluation process. If conducted, oral presentations will be scheduled with each proposer being considered.

• The Town reserves the right to retain all proposals submitted and to use any ideas in a proposal regardless of whether that proposal is selected.

• Upon submission, all proposals become the property of the Town. The

Town has the right to disclose all or any part of the proposal to public inspection based on its determination of what disclosure will serve the public interest. Proposers are further advised that, except for trade secrets and certain personnel information (both of which the town has reserved the right to disclose), all parts of the proposals must be disclosed to those members of the public making inquiry under the New

York State Freedom of Information Law. Should a proposer wish to request an exemption from public access to information contained in its proposal, the proposer must, at the time of submission and on the face of the proposal, specifically identify the information they claim to be exempt from disclosure and explain in detail why the information should be exempt.

• Submission of a proposal indicates acceptance by the firm of the conditions contained in this RFP, unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the

Town and the firm selected.

• The selection of a firm will be set forth in a resolution of the Town

Board. The selection of a vendor by the Town Board shall not constitute a binding commitment on behalf of the Town to enter into any contract with the selected vendor, as any binding arrangement must be set forth in definitive documentation signed by both the vendor and the Town

(the “agreement”). The agreement shall be executed by vendor and delivered to the Town with necessary insurance certification for approval by the Town Board.

• It is anticipated the selection of a firm will be completed by December

8, 2026. Following notification of the selected firm an agreement will be executed between both parties.

• The Town reserves the right, as best serves its interest, to change any of the projected dates set forth in this RFP, including, but not limited, to the due date for receipt of proposals.

• The Town reserves the right to accept more than one proposal or reject all proposals.

II. SCOPE OF SERVICES

A. General - The Town requires the services of a law firm or firms to represent the

Town, provide advice and render opinions on various lawsuits, transactions, contracts and other legal matters. Specifically, the Town requires a law firm or firms to represent it in relation to the following practice areas:

1. Federal and State Court litigation, including but not limited to those alleging civil rights violations, discrimination and takings;

2. Commercial litigation, including but not limited to breach of contract claims, construction litigation;

3. Personal injury matters;

4. Municipal law matters, including but not limited to Article 78 proceedings, declaratory judgment actions and challenges to ad valorem levies;

5. Real estate matters, including negotiation of complex transactions and litigation to enforce property rights on behalf of the Town;

6. Representing the Town before regulatory agencies such as the Environmental Protection

Agency, the Department of Environmental Conservation and the Nassau County Health

Department;

7. Contract matters, including but not limited to the negotiation and preparation of agreements such as project labor agreements, cable or fiber optic franchise agreements, lease agreements for cellular facilities located on Town properties, software, IT and data management agreements;

8. Collections matters;

9. General advisory services related to matters listed above or other matters related to Town business; and

10. Other matters as may be required by the Town.

The Town does not have a set schedule of matters to be assigned to any selected firms and intends to use selected firms on an as-needed basis. This RFP does not constitute any guarantee that selected firms will be assigned any matters by the Town. Once the panel is created by the Town Board, firms will be required to execute individual Retainer

Agreements with the Town for each matter assigned. Retainer agreements shall contain the terms and conditions stated in Attachment C.

The Town anticipates qualifying several firms to perform services in each of the above practice areas. The Town will not consider proposals that include rates above $325 per hour.

Each proposer should identify in their proposals those practice areas in which such firm is proposing to provide services for the Town. Note, however, that the Town is not obligated to qualify firms or retain their services for any or all of the above practice areas.

The Town reserves the right to interview any or all proposers in connection with selecting firms to perform services to the Town.

B. Minimum Qualifications:

1. Firms must be authorized to do business in the State of New York.

2. All attorneys working in conjunction with the Town’s matters shall be duly admitted to practice before the Courts of the State of New York and be members in good standing of the

New York bar.

3. All attorneys working in conjunction with the Town’s matters must individually possess experience in matters handled in one or more of the above areas for municipalities in New

York and supervisory attorneys must possess at least ten (10) years’ experience in such matters.

C. Representation and Other Requirements. The following requirements will be made a part of any agreement entered into between the Town and the selected firm(s):

1. The firm shall be compensated for all reasonable expenses and disbursements actually incurred, such motion filing fees, court reporting services, appellate printing, without application of a multiplier. Certain out-of-pocket disbursements such as travel expenses, use of investigators, appraisers or other experts and trial preparation services must be approved by the Town Attorney in advance. The Town will not reimburse the cost of electronic legal research performed on Westlaw, Lexis, or any other electronic database. The Town will not reimburse expenses it is exempt from paying including, but not limited to, index number fees, the Secretary of State’s service of process fee and sales taxes. All out-of-pocket expenses shall be substantiated with proper paid receipts and/or other documentation submitted together with the invoices upon which the expenses appear.

2. The Town will not reimburse expenses unless receipts or other appropriate documentation is provided for same.

3. If the firm believes that an expert should be retained, the firm must secure prior written approval from the Town Attorney. A resume or curriculum vitae for the proposed expert shall be submitted at the time of the request for prior approval. The firm shall specifically agree that the proposed expert firm, its subcontractors, agents or employees shall possess the experience, knowledge and character necessary to qualify them individually for the particular duties they perform.

4. The Town reserves the absolute right to terminate the services at any time.

5. The firm must provide regular periodic status reports to the Town Attorney which shall include an initial report and quarterly status reports thereafter. The firm shall prepare such other reports as requested by the Town Attorney. The firm shall provide copies of said reports to the Town’s insurance carriers, or their designated representatives, if the Town

Attorney so requests. In addition, the firm shall prepare a report for the Town’s auditors, within the time frame they set forth, when requested to do so. The firm shall immediately notify the Town Attorney of any motions, court decisions, settlement discussions, notices of appeal or other noteworthy developments.

6. Within a reasonable time prior to submission in court, the firm shall provide the Town

Attorney with drafts of all documents prepared and to be submitted in court. No documents of any kind or nature shall be submitted in Court by the firm unless such documents are approved by the Town Attorney in advance. The firm shall also provide the Town Attorney with any documents whatsoever served by the opposing parties. The firm shall promptly provide copies of any other documents requested by the Town Attorney.

7. The firm shall maintain full and complete books and records of accounts in accordance with accepted accounting practices and such other records as may be prescribed by the

Town Comptroller, including a contemporaneous record of work indicating in brief summary, a description of the work performed. Such books and records shall be retained for a period of six (6) years and shall at all times be available for audit and inspection by the

Town Comptroller, the Town’s auditors or a duly designated Town representative.

8. The firm will promptly provide a response to any requests from the Town’s Records

Access/FOIL Officer.

9. In the event that a dispute arises between the parties relating to fees, Part 137 of the

Rules of the Chief Administrator of the Courts will apply.

10. The firm shall, to the fullest extent provided by law, defend and indemnify and save harmless the Town from claims, suits, action, damages and costs of every nature, kind, name and description resulting from the negligent performance of the services. Such defense and indemnity shall not be limited by reason of enumeration of any insurance coverage provided by the firm. Negligent performance of service shall include, in addition to negligence founded upon tort, negligence based upon the firm’s failure to meet professional standards and resulting in obvious or patent errors in the progression of its work. Nothing shall create or give third parties any claim or right of action against the firm or the Town beyond those provided by law.

11. Insurance Requirements

The firm shall procure and maintain, at its own cost and expense, for the duration of any agreement resulting from this RFP, insurance issued by insurers authorized to do business in

New York State and rated not less than A-, Financial Size Category VII, by AM Best, unless otherwise approved by the Town. The Town reserves the right to accept professional liability insurance issued by an eligible excess line insurer or other insurer acceptable to the

Town. Certificates of insurance shall be furnished to the Town prior to commencement of services and upon renewal of the applicable policies.

(a) Attorney Professional Liability: Attorney Professional Liability/Errors and Omissions insurance covering the professional services performed by the firm, with limits of not less than $2,000,000 per claim and $2,000,000 aggregate. If written on a claims-made basis, the retroactive date shall be no later than the commencement of services for the Town, and coverage shall be maintained, or an extended reporting period obtained, for at least three (3) years following completion or termination of services. The Town reserves the right to require higher limits for particular assignments.

(b) Commercial General Liability: Commercial General Liability insurance with limits of not less than $1,000,000 per occurrence and $2,000,000 general aggregate, including bodily injury, property damage, personal and advertising injury and contractual liability.

The Town, its elected and appointed officials, officers, employees and agents shall be included as additional insureds with respect to liability arising out of the firm's operations and services, to the extent available under the policy. Such coverage shall be primary and non-contributory with respect to the Town's insurance or self-insurance.

(c) Workers' Compensation: Workers' Compensation insurance as required by New York

State law. Evidence of coverage shall be provided on Form C-105.2, Form U-26.3

(NYSIF), or other form acceptable to the New York State Workers' Compensation Board.

Firms legally exempt from the requirement shall provide Form CE-200.

(d) Disability and Paid Family Leave Benefits: New York State Disability and Paid Family

Leave Benefits insurance as required by law, evidenced by Form DB-120.1, DB-155, or other form acceptable to the New York State Workers' Compensation Board. Firms legally exempt from the requirement shall provide Form CE-200.

(e) Other Coverage: The Town reserves the right to require additional insurance or higher limits for particular assignments based upon the nature and scope of the legal services to be provided.

III. FEE STRUCTURE

Each proposal shall include Appendix A: Price Proposal and include the proposer’s fees for the proposed to be rendered to the Town. The Town is not establishing any specific fee structure for the required services. Proposals may include an hourly fee for services performed, fixed fees for certain services or any combination thereof.

Please note that the maximum hourly rate that the Town will pay for legal services is $325 per hour. Proposers are free to propose lesser hourly rates.

IV. TIME REQUIREMENTS

A. Proposed Calendar

The following is a list of key dates up to and including the date proposals must be submitted:

RFP issued October 5, 2026

Last Date for Questions October 16, 2026

Due Date for proposal submissions November 6, 2026 11AM

B. Notification and Contract Dates

Selected firm notified On or about December 9, 2026

Contract date On or before December 9, 2026

C. The Town reserves the right, as best serves its interest, to change any of the projected dates set forth in this RFP, including, but not limited to, the due date for receipt of proposals.

V. PROPOSAL REQUIREMENTS

A. General Requirements

1. Inquiries

Written inquiries concerning the RFP and its subject must be made to Georgina

Carr, at contracts@northhempsteadny.gov. All inquiries shall be discussed with the

Town Attorney’s office before responding. Written responses to all inquiries will be posted to the Town’s website as an addendum to the RFP. It shall be the responsibility of the Proposer(s) to inquire as to any addenda issued. As a courtesy, direct responses to all inquiries will be distributed to each potential proposer that has requested such responses. Proposers should not be contacting any other Town

Employees about this RFP.

2. Submission of Proposals

The following material is required to be received by the Due Date for a proposing firm to be considered.

a. The Proposal shall include:

i. Title Page

Title page showing the RFP subject; the firm's name; name, address and telephone number of the contact person; and the proposal date.

ii. A brief history and description of the firm submitting the proposal.

iii. Technical Proposal

A signed letter of transmittal stating the proposer's understanding of the services to be performed, a statement why the firm believes it to be best qualified to perform the engagement, the candidate’s project approach and work plan, a detailed list of previous experience relevant to this project, the firm's past history in providing such services for municipalities, biographical information of those personnel that would provide services to the Town under an agreement, visual examples of other displays produced by the proposer and a statement that the proposal is a firm and irrevocable offer. Such technical proposal must include, in addition to the above, all information and documentation described or requested in Section

II above.

iv. Completed price proposal attached as Attachment A

v. Fully completed Proposer’s Qualification Statement attached as

Attachment B, including the Statement of Understanding, Disclosure Statement, Non-Collusive Proposal Certification, Insurance Certification, Acknowledgement of Receipt of Addenda, Debarment and Suspension Certification, Byrd Anti-Lobbying

Amendment Certification, Iran Divestment Act, Procurement

Lobbying Certification and Local Business Certification. The contract will be executed by the Town and the selected candidate only after an evaluation of each proposal and selection of a firm or firms.

vi. Statement that the proposer agrees to the standard terms and conditions for Town agreements shown in Attachment C, or a description of requested changes.

b. The completed proposal should be sent to the following address in a sealed envelope marked "Request for Proposals TNH189-2026-

Legal Services":

Georgina Carr

Procurement Coordinator

Town of North Hempstead

220 Plandome Road

Manhasset, New York 11030

B. Guidance on Completing a Proposal Submission

The purpose of a proposal submission is to demonstrate the qualifications, competence and capacity of the firms seeking to provide services to the Town. As such, the substance of proposals will carry more weight than the form or manner of presentation. The Technical Proposal should demonstrate the qualifications of the firm and of the particular staff to be assigned to this engagement.

The Technical Proposal should address all points outlined in the RFP. The

Technical Proposal should be prepared simply and economically, providing a straightforward, concise description of the proposer's capabilities to satisfy the RFP requirements.

All compliant Proposals will be reviewed by a committee that will consider candidates based exclusively on the Proposals submitted and any subsequent interviews with candidates and/or additional information submitted by candidates at the request of the evaluation committee.

VI. SELECTION OF FIRM

A. The Town will qualify firm(s) based on an evaluation of the proposals. The qualification will not be based solely on a monetary evaluation. There will also be an evaluation of the proposer’s understanding of the work required and approach with considerable weight being given to experience in the area and track record of the proposer. Proposals will be evaluated based on the following:

1. Compliance with RFP Requirements;

2. Proposer Experience in the services to be provided;

3. Past performance;

4. Experience of Proposer Personnel;

5. The wherewithal of the Proposer to render the requested services in a timely fashion;

6. Fee Structure.

The Town may also consider any other factors it deems necessary in evaluating each proposal.

The Town reserves the right to request additional information, including oral presentations, interviews and/or Best and Final offers from any or all of the proposers. Upon conclusion of the evaluation process, the evaluation committee will then select a proposer to be recommended to the Town Board for review and award.

B. Right to Reject Proposals

Submission of a proposal indicates acceptance by the firm of the conditions contained in the

RFP unless clearly and specifically noted in the proposal submitted and confirmed in the contract between the Town and the firm selected. The Town reserves the right without prejudice to reject any or all proposals.

C. Minimum Service

The qualification of a firm will not guarantee that any services will be requested of that firm.

D. Term

The Legal Panel shall be qualified for a term of five (5) years from the date of award.

ATTACHMENT A

PRICE PROPOSAL

Please provide on a separate page the fee proposal your firm proposes to charge for the Services described in this RFP. The Town is not establishing any specific fee structure for the required services.

Proposals may include an hourly fee for services performed, fixed fees for certain services or any combination thereof.

Please note that the maximum hourly rate that the Town will pay for legal services is $325 per hour. Proposers are free to propose lesser hourly rates.

The undersigned further stipulates that the information in this attachment and the proposer’s fee proposal is, to the best of its knowledge, true and accurate.

Signature

_________________________________ Sworn to and subscribed on

Name of Proposer this __ day of _____, 20___

Title of Person Signing (Notary Public)

ATTACHMENT B

BIDDER’S QUALIFICATION STATEMENT

INSTRUCTIONS:

The Bidder’s Qualifications Statement consists of the following documents:

1. Statement of Understanding;

2. Disclosure Form;

3. Noncollusive Proposal Certification;

4. Certification of Insurance (to be completed by an authorized insurance agent);

5. Acknowledgement of Receipt of Addenda Form;

6. Debarment and Suspension Certification;

7. Byrd Anti-Lobbying Amendment Certification;

8. Iran Divestment Act;

9. Procurement Lobbying Certification; and

10. Local Business Certification.

11. Certification of No Boycott of Israel

Please complete ALL ELEVEN forms and submit with the Bid/Proposal.

THE TOWN RETAINS THE ABSOLUTE RIGHT TO REJECT ANY BID/PROPOSAL

THAT FAILS TO INCLUDE COMPLETE AND ACCURATE ORIGNALS OF ALL

FORMS .

STATEMENT OF UNDERSTANDING

By signing in the space provided below, the undersigned certifies, under penalty of perjury, as follows:

1. I am duly authorized to submit this Bid/Proposal on behalf of the below listed sole proprietorship/company/partnership/corporation.

2. That he/she has read and understands all terms and conditions pursuant to this RFP.

3. That he/she has the capacity to and will abide by all terms and conditions pursuant to this

RFP.

4. That he/she agrees to accept payment in accordance with the requirements of the RFP;

and

5. That he/she agrees that the proposed submitted to the Town shall be irrevocable and that he/she will, if his/her proposal is accepted, enter into a contract with the Town of North

Hempstead pursuant to the terms and conditions set forth in the RFP.

6. That he/she certified that his/her sole proprietorship/company/partnership/corporation will carry all types of insurance specified in the contract.

The undersigned further stipulates that the information in this Proposal is, to the best of its knowledge, true and accurate.

Signature

Name of Bidder

Title of Person Signing

DISCLOSURE FORM

The signatory of this questionnaire certifies under oath the truth and correctness of all Statements and of all answers to interrogatories hereinafter made.

Provide answers to each of the following and supporting documentation, where necessary. If there is nothing to disclose, please respond N/A:

1. Adverse Equal Opportunity Determinations: Identify all adverse determinations against your

Company/Corporation/Partnership, or its employees or persons acting on its behalf, with respect to actions, proceedings, claims or complaints concerning violations of state, Federal or municipal equal opportunity laws or regulations.

2. Convictions and Unscrupulous Practice: Has your Company/Corporation/Partnership, or any of its employees present or past, or anyone acting on its behalf, ever been cited for unscrupulous practice, or been convicted of any crime or offense arising directly or indirectly from the conduct of your

Company/Corporation/Partnership’s business, or has any of your Company/Corporation/Partnership’s officers, director or persons exercising substantial policy discretion ever been convicted of any crime or offense involving business/financial misconduct or fraud? If so, describe the convictions and surrounding circumstances in detail.

3. Pending or Threatened Actions/Suits: Describe any past or present action, suit, proceeding or investigation pending or threatened against your Company/Corporation/Partnership including, without limitation, any proceeding known to be contemplated by government authorities, private parties, or current or former clients.

4. Criminal Misconduct: Has your Company/Corporation/Partnership, or any of its employees, or anyone acting on its behalf, been indicted or otherwise charged in connection with any criminal matter arising directly or indirectly from the conduct of your Company/Corporation/Partnership’s business which is still pending, or has any of the Company/Corporation/Partnership’s officers, directors or persons exercising substantial policy discretion been indicted or otherwise charged in connection with any criminal matter involving business or financial misconduct or fraud which is still pending? If so, describe the indictments or charges and surrounding circumstances in detail.

5. Conflicts of Interest: disclose any of the following, and describe any procedures your

Company/Corporation/Partnership has, or would adopt, to assure the Town that a conflict of interest would not exist in the future):

(a) Any material financial relationships that your Company/Corporation/Partnership or any

Company/Corporation/Partnership employee has that may create a conflict of interest or the appearance of a conflict of interest in contracting with or representing the Town.

(b) Any family relationship that any employee of your Company/Corporation/Partnership has with a member, employee, or official of the Town or that may create a conflict of interest or the appearance of a conflict of interest in contracting with or representing the Town.

(c) Any other matter that your Company/Corporation/Partnership believes may create a conflict of interest or the appearance of a conflict of interest in contracting with or representing the Town.

6. Financial Disclosure: Submit with this Disclosure Statement Form, any one of the following three items:

(a) a financial statement, prepared on an accrual basis, in a form which clearly indicates: Bidder’s (1) assets, liabilities and net worth; (2) date of financial statement; and (3) name of firm preparing statement.

(b) a letter of credit reference from a recognized bank or financial institution; or

(c) a certified copy of a credit report from a recognized credit bureau, such as Dun and Bradstreet or

TRW.

THE TOWN RETAINS THE ABSOLUTE RIGHT TO REJECT ANY PROPOSAL THAT

FAILS TO INCLUDE COMPLETE DISCLOSURE STATEMENT FORM.

Dated at _____________________, this _______________________day of

_________________________, 20_____.

(Signature, if Individual)

By: ___________________________________________________________ (Seal, if corporation)

(Signature)

Print Name: _________________________________________________

(Legal Business Name of Company/Partnership/Corporation)

Print Title: __________________________________________________

NON-COLLUSIVE PROPOSAL CERTIFICATION

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

(1) The prices in this proposal have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor;

(2) Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to opening, directly or indirectly, to any other proposer or to any competitor; and

(3) No attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit or not to submit a proposal for the purpose of restricting competition.

I hereby certify under the penalties that the foregoing statement is true.

By:________________________________________

Proposer’s Signature

Date

Print Name

Title

Legal Name of Individual or Business Name of

Company/Partnership/Corporation

Proposer's Federal Tax Identification #

(Do Not Use SS#)

Address

Email Address

INSURANCE CERTIFICATION

TO BE COMPLETED BY AN AUTHORIZED INSURANCE AGENT

INSTRUCTIONS:

Please complete this Insurance Certification and attach copies of proof of insurance as follows:

(a) Commercial General Liability/Automobile Liability/Excess Liability: ACCORD-25

FORM.

(b) Worker’s Compensation: Certificates or affidavits approved by the State Workers’

Compensation Board pursuant to State Workers’ Compensation Law § 57 (2) evidencing proof of workers’ compensation insurance or proof of Bidder not being required to secure same.

(c) Disability Benefits Insurance: Certificates or affidavits approved by the State Workers’

Compensation Board pursuant to State Workers’ Compensation Law § 220 evidencing proof of disability benefits insurance or proof of Bidder not being required to secure same.

This form and all supporting documentation must be submitted with this Bid/Proposal even if said information is on-file with the Town in connection with another bid, project or contract.

(Name and Address of Bidder)

Name of Bid: _________________________________________________________Bid

Number:________________

(1) Commercial General Liability with completed operations (plus X.C.U. when applicable), to which the Town of North Hempstead has been added as additional insured, and Automobile Liability: $ 2,000,000.00 Combined single limit (bodily and personal injury/property damage).

Insurance Carrier (Commercial General Liability): ____________________________________

Policy Number(s): _________________________________________________________________________

(2) Worker’s Compensation:

Insurance Carrier: ______________________________________ Policy

Number(s):____________________________

(3) The above insurance is effective with New York State admitted insurance companies and is A- or higher rated or its equivalent .

(4) Policy cancellation or non-renewal shall be effective only upon thirty (30) days prior notice by certified mail to:

Town of North Hempstead, Office of the Town Attorney, 220 Plandome Road, P.O.B. 3000, Manhasset, New York

11030

Authorized Insurance Agent’s Signature and Title: ____________________________________________________

Name, Insurance Affiliation and Address:

Dated___________________

ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA FORM

The bidder hereby acknowledges that he/she has received and that he/she has considered in the preparation of his/her proposal all requirements in the following Addenda to this RFP:

Note: This acknowledgement shall be signed by the person executing the Statement of

Understanding.

Insert additional pages, as necessary.

ADDENDUM NUMBER

DATE OF ADDENDUM

ACKNOWLEDGEMENT

IMPORTANT NOTICE:

THIS FORM MUST BE COMPLETED AND SUBMITTED BY ALL PROPOSERS. IF NO

ADDENDA ARE RECEIVED, CHECK THE “NO ADDENDUM” BOX ABOVE AND SIGN

THE ACKNOWLEDGEMENT.

THE TOWN RETAINS THE ABSOLUTE RIGHT TO REJECT AND PROPOSAL THAT

FAILS TO INCLUDE THIS ACKNOWLEDGEMENT OF RECEIPT OF ADDENDA FORM

□ NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS PROPOSAL.

ACKNOWLEDGEMENT:

DEBARMENT AND SUSPENSION CERTIFICATION

The Bidder/Offeror certifies to the best of his or her knowledge and belief, that:

By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that at the time the bidder or offeror submits its proposal that neither it nor its principals are presently debarred or suspended by any Federal, state or local department or agency from participation in this or any similar transaction.

Name of Contractor: ____________________________________________________________

Authorized Representative Name: _________________________________________________

Signature of Authorized Representative: _____________________________________________

BYRD ANTI-LOBBYING AMENDMENT CERTIFICATION

The Offeror/Bidder certifies, by submitting this offer or bid, to the best of his or her knowledge and belief, that:

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

2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a

Member of Congress, an officer or employee of Congress, or an employee of a Member of

Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to

Report Lobbying,” in accordance with its instructions.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

CERTIFICATION - IRAN DIVESTMENT ACT OF 2012

This form must be signed

As a result of the Iran Divestment Act of 2012 (Act), Chapter 1 of the 2012 Laws of New York, added new provisions to the State Finance Law (SFL), §165-a and General Municipal Law (GML)

§103-g effective April 12, 2012. Under the Act, the Commissioner of the Office of General

Services (OGS) will be developing a list (prohibited entities list) of “persons” who are engaged in

“investment activities in Iran” (both are defined terms in the law). Pursuant to SFL § 165-a(3)(b) and GML §103-g, the initial list is expected to be issued no later than 120 days after the Act’s effective date, at which time it will be posted on the OGS website.

By submitting a response to this solicitation or by assuming the responsibility of a Contract awarded hereunder, Proposer (or any assignee) certifies that once the prohibited entities list is posted on the OGS website, it will not utilize on such Contract any subcontractor that is identified on the prohibited entities list. Additionally, Proposer is advised that once the list is posted on the

OGS website, any Proposer seeking to enter into, renew or extend a Contract or assume the responsibility of a Contract awarded in response to the solicitation, must certify at the time the

Contract is bid upon or a proposal submitted, or the contract is renewed, extended or assigned that it is not included on the prohibited entities list.

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

Town reserves the right to reject any bid, proposal or request for assignment for an entity that appears on the prohibited entities list prior to the award of a contract, and to pursue a responsibility review with respect to any entity that is awarded a contract and appears on the prohibited entities list after contract award.

Signature: ___________________________________________ Date: ____________

PROCUREMENT LOBBYING CERTIFICATION WITH RESPECT TO

STATE FINANCE LAW SECTION §§ 139-j AND 139-k

1. Has a Governmental Entity, as defined in State Finance Law §139-j(1)(a), made a determination of non-responsibility with respect to the Contractor within the previous four years where such finding was due to a violation of State Finance Law §139-j or the intentional provision of false or incomplete information with respect to previous determinations of non-responsibility?

No ___

Yes ___

If yes, provide the following details:

Governmental Entity which made the finding:

Date of finding:

Basis of finding:

2. Has a Governmental Entity terminated or withheld a procurement contract with the

Contractor because of violations of State Finance Law §139-j or the intentional provision of false or incomplete information with respect to previous determinations of non-responsibility?

No ___

Yes ___

If yes, identify the following:

Governmental Entity which terminated the contract:

Date of contract termination or withholding:

Identify the related procurement contract:

Contractor AFFIRMS that he/she understands and agrees to comply with the New York State procedures relative to permissible contacts as required by State Finance Law §§ 139-j and 139-k.

Contractor CERTIFIES that all information provided by Contractor with respect to its compliance with State Finance Law §§139-j and 139-k is complete, true and accurate.

Address: _____________________________________________

Date: _____________________________________________

LOCAL BUSINESS PREFERENCE CERTIFICATION FORM

ALL INFORMATION MUST BE PROVIDED

A 5% Preference for Local Businesses (hereinafter, “Preference”) may be available for this procurement. To qualify, an Offeror MUST complete and submit this Preference Certification

Form WITH ITS OFFER, BID OR PROPOSAL.

If a Proposal is received without this Preference Certification Form and any required documentation attached, completed, signed and certified, or if this Preference Certification Form is received without the required information, the preference shall not be applied.

LOCAL BUSINESS PREFERENCE

To qualify for the local business preference, the business must:

1. be physically located within the geographical boundaries of the County of Nassau (the

“County”); and

2. such presence must have existed for at least a year, established by ownership or lease of premises that includes an operational office for conducting business or selling and/or manufacturing supplies, materials or equipment; and

3. the business must employ a minimum of two (2) full-time employees in the County.

In the case of a two-party joint venture both entities must meet the pertinent test for a Local

Business set forth above. In the case of joint venture with more than two parties at least a majority of the entities must meet the pertinent test for a Local Business set forth above.

CERTIFICATION

The Preference Certification Form must include a physical location - NOT a post office box or other postal address.

PREFERENCE CERTIFICATION FORM MUST BE COMPLETED BY PRINCIPAL

OFFEROR. This Preference Certification Form must be completed for the Principal Offeror, or one of the Principal Offerors if the Offeror is a joint venture or partnership, or by an individual authorized to sign for the Offeror. Subcontractors of the Offeror shall not be used to qualify a

Proposal for a preference and should not complete or submit the Form.

The total percentage of all preferences awarded shall not exceed ten percent (10%).

ADDITIONAL DOCUMENTATION. If requested, a business shall provide, within three (3) working days of receipt of the request, documentation to substantiate the information provided on the Preference Certification Form. The Director of Procurement shall determine the sufficiency of such documentation.

NO PREFERENCES SHALL BE APPLIED IF THE PROCUREMENT IS SUBJECT TO

GENERAL MUNICIPAL LAW 103, IF FEDERAL FUNDS ARE USED OR IF OTHERWISE

INAPPLICABLE TO THIS PROCUREMENT.

LOCAL BUSINESS CERTIFICATION

I certify my company meets the following qualifications to be eligible for the local business preference:

1. the business is physically located within the geographical boundaries of the County of

Nassau (the “County”); and

2. the business has been physically located in the County for at least a year, established by ownership or lease of premises that includes an operational office for conducting business or selling and/or manufacturing supplies, materials or equipment,

3. the business employs a minimum of two (2) full-time employees in the County.

Address______________________________________________________________________

Nassau County Address, if different:

CERTIFICATION OF NO BOYCOTT OF ISRAEL

Pursuant to Town of North Hempstead Code §24-65, the Town shall not enter into a contract with an individual or company identified by the New York State Office of General Services or the

Office of the New York State Comptroller as engaging in boycott of Israel.

By signing below, the Contractor agrees and certifies that they are not an individual or company identified by the New York State Office of General Services or the Office of the New York State

Comptroller as engaging in boycott of Israel. If any time after signing this certification the

Contractor is identified by the New York State Office of General Services or the Office of the New

York State Comptroller as engaging in boycott of Israel, the Contractor must notify the Town in writing.

Address: _____________________________________________

Date: _____________________________________________

ATTACHMENT C

STANDARD TOWN TERMS AND CONDITIONS

1. Compensation

(a) Claim Forms, Claim Form Review and Approval. Payments shall be made to the

Consultant in arrears and shall be expressly contingent upon (i) the Contractor submitting a claim form (the “Claim Form”) in a form satisfactory to the Town, that (a) states with reasonable specificity the services provided and the payment requested as consideration for such services, (b) certifies that the services rendered and the payment requested are in accordance with the terms of this Agreement, and (c) is accompanied by documentation satisfactory to the Town supporting the amount claimed, and (ii) review, approval and audit of the Claim Form by the Town and/or the Comptroller. Drawdowns for the payment of eligible expenses shall be made against the activities specified herein and in accordance with applicable performance requirements.

(b) Timing of Payment Claims. The Contractor shall submit claims no more frequently than once a week and no later than one (1) months following the Town’s receipt of the services that are the subject of the claim. Any claims submitted in violation of this clause

3(c) shall not be due and payable by the Town and the Contractor hereby expressly waives any and all rights thereto.

(c) No Duplication of Payments. Payments for the Services shall not duplicate payments for any work performed or to be performed under any other agreements made between the Contractor and any funding source including the Town.

2. Termination

(a) The Town reserves the absolute right to terminate the Agreement at any time, for any reason, by service of a written notice sent by certified mail to the address set forth above.

The Town will be responsible for payment of any portion of the Services completed prior to termination and satisfactory to the Town’s Comptroller.

(b) Contractor Assistance Upon Termination. In connection with the termination or impending termination of this Agreement, the Contractor shall, regardless of the reason for termination, take all actions reasonably requested by the Town (including those set forth in other provisions of this Agreement) to assist the Town in transitioning the Contractor’s responsibilities under this Agreement. The provisions of this Section shall survive the termination of this Agreement.

(c) Accounting Upon Termination. Within thirty (30) days of the termination of this

Agreement, the Contractor shall provide the Supervisor with a complete accounting up to the date of termination of all monies received from the Town and shall immediately refund to the Town any unexpended balance remaining as of the time of termination.

(d) Reimbursement Upon Termination. Payment to the Contractor following termination shall not exceed authorized expenditures made prior to termination and may be suspended by the Town pending the Contractor’s reasonable compliance with the terms and provisions of (b) and (d) above.

3. Contractor as Professional Representative

The Contractor shall serve as the Town's professional representative in the execution of the

Services and shall give consultation and advice to the Town during the performance of the

Services. The Contractor represents to the Town that it is adequately staffed, skilled and experienced to perform the services required by this Agreement and further, that is duly licensed and qualified under the laws of the State of New York to perform these services.

4. Control of Services

The Contractor’s services shall at all times be subject to the direction and control of the

Head of the Issuing Department of the Town of North Hempstead (the “Department

Head”). The Department Head’s decision shall be final and binding upon the Contractor on all matters arising out of, in connection with or relating to this Agreement. To prevent all disputes and litigation, the Department Head shall, in all cases, determine the amount, quality, acceptability and fitness of the work being performed under the provisions of this

Agreement and shall determine every question which may arise relative to the Contractor’s performance of the Agreement. The decision of the Department Head shall be final, conclusive and binding upon the Contractor. This paragraph shall not operate as a waiver of the Contractor’s right to litigate or to perform work under protest while reserving the right to litigate with respect thereto.

5. Refusal to Testify

If any person when called to testify before a grand jury, head of a state department, temporary state commission or other state agency, the organized crime task force in the department of law, head of a municipal department, or other municipal agency which is empowered to compel the attendance of witnesses and examine them under oath to testify in an investigation concerning any transaction or contract had with the State of New York, or any political subdivision thereof, a public authority, or with any public department, agency or office of the state, or of any political subdivision thereof, or of a public authority, refuses to answer any relevant question concerning such transaction or contract even though offered immunity against the use of his (its) answer and evidence derived therefrom in any subsequent criminal case in which he (it) is a defendant, then any such person or any firm, partnership, or corporation of which he (it) is a member, partner, director, or official shall be disqualified for a period of five years after such refusal from submitting bids to, receiving awards from, or entering into any contracts with the Town of North

Hempstead or any department or agency or official thereof. If such a person refuses to answer any relevant question as aforesaid, then this Agreement may be cancelled and terminated by the Town without the Town incurring any penalty or damages by virtue of such cancellation or termination. Any monies owed for goods delivered or work done prior to cancellation shall be paid.

6. Staffing

The Contractor agrees that it will hire only competent, qualified persons to effectuate the

Services under this Agreement.

7. Amendments

This Agreement may only be amended or modified by written agreement duly executed by the Parties.

8. Independent Contractor

The Contractor is an independent contractor of the Town. The Contractor shall not, nor shall any officer, director, employee, servant, agent or independent contractor of the

Contractor (a “Contractor Agent”), be (a) deemed a Town employee, (b) commit the Town to any obligation, or (c) hold itself, himself, or herself out as a Town employee or Person with the authority to commit the Town to any obligation. As used in this Agreement the word “Person” means any individual person, entity (including partnerships, corporations and limited liability companies), and government or political subdivision thereof

(including agencies, bureaus, offices and departments thereof).

9. Indemnification

(a) To the fullest extent permitted by law, the Contractor:

(i) shall indemnify…