Putnam County Business Council

Putnam County Business Council The PCBC has an understanding and appreciation of our member businesspersons’ concerns, provides mentoring and educational forums.
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For Immediate ReleasePutnam County Business Council593 Route 6 Mahopac NY 10541P: 845-228-8595F: 845-445-6592info@pcbusi...
04/27/2019

For Immediate Release
Putnam County Business Council
593 Route 6
Mahopac NY 10541
P: 845-228-8595
F: 845-445-6592
[email protected]

Putnam County Business Council hosts its first Leadership Breakfast, Guest Speakers Address Working Together With New York City

CARMEL, NY – Putnam County Executive MaryEllen Odell and the Putnam Business Council recently welcomed representatives from the New York City Department of City Planning at the Putnam County Leadership Breakfast on April 25th.

During her presentation, Carolyn Grossman Meagher of New York City Planning addressed several inequalities and the need for New York City to reach out to its neighboring communities to ensure that the entire Hudson Valley Region thrives.

Meagher is the Director of the new Regional Planning Division of New York City Planning. The Division was created with five objectives: to connect with regional governments and planning officials, to analyze, aggregate and disseminate regional data, to instill regionalism in Planning activities, to cultivate opportunities to cross-border collaboration, and to inform regional policy and capital priorities.

Odell said she was optimistic about this new Division.

“New York City has seen the most post-recession economic and job growth in our region,” Odell said. “while areas outside of New York City saw slower wage growth. I am looking forward to working with New York City Planning for the benefit of the entire Hudson Valley.”

Jennifer Maher, Chairwoman of the Putnam County Business Council stated that “this partnership will be immensely valuable since there is a dramatically large population in the Hudson Valley that commute to jobs in New York City, as well as a smaller population that commute from New York City to the Hudson Valley.” Maher added “ We are excited to bring more quality forums to the Putnam County Business community for 2019”

Seats are still available for tomorrow.Cost is $25.00 a seat. Purchase your tickets at: www.PCBusinessCouncil.org
04/24/2019

Seats are still available for tomorrow.
Cost is $25.00 a seat.
Purchase your tickets at: www.PCBusinessCouncil.org

Blessed Holidays ☘️🐥🐣🌸
04/21/2019

Blessed Holidays ☘️🐥🐣🌸

Request for proposal! CONSULTANT​                   COUNTY OF PUTNAM -  PURCHASING​         PAGE:  1PUTNAM COUNTY OF...
03/12/2019
Bonfire Support

Request for proposal! CONSULTANT

​ COUNTY OF PUTNAM - PURCHASING​ PAGE: 1
PUTNAM COUNTY OFFICE BUILDING, 40 GLENEIDA AVENUE, ROOM 105, CARMEL NY 10512
TELEPHONE: 845-808.1088

TITLE: CONSULTANT SERVICES – CAPITAL PROJECTS

RFP NUMBER:
1-19



REQUEST FOR PROPOSAL

REQUEST FOR PROPOSAL DISTRIBUTION:
The County of Putnam officially distributes Request for Proposal documents from the Purchasing Department or through the Empire State Purchasing Group Bid Notification System. Copies of bidding documents obtained from any other source are not considered official copies. If you have obtained this document from a source other than the mentioned above, it is recommended that you obtain an official copy. You may obtain an official copy by registering on the Empire State Purchasing Group’s Regional Bid Notification System www.empirestatebidsystem.com.

CLOSING DATE FOR THE REQUEST FOR PROPOSAL IS 1:00 PM, LOCAL TIME, ON FRIDAY, _______________.

PRE-PROPOSAL MEETING:
A pre-proposal meeting will be held as detailed below. Attendance may or may not be mandatory. A transcript of the questions and answers will be distributed to all attendees and proposers who have returned the Receipt Confirmation Form. Verbal questions will be allowed at the meeting. However, questions of a complex nature, or questions where the proposer requires anonymity, should be forwarded in writing to the County prior to the meeting.

THERE IS NO PRE-PROPOSAL MEETING SCHEDULED

QUESTIONS:
All inquiries related to this Request for Proposal are to be in writing to the attention of:

Alessandro Mazzotta
Director of Purchasing
40 Gleneida Avenue, Room 105
Carmel, NY 10512
Telephone: 845-808-1088
[email protected]
Deadline for submission of questions is ____________________ by 5:00 pm. Answers will be given via addenda issued in response to the questions received.
PURPOSE OF REQUEST FOR PROPOSAL (RFP)
The County of Putnam is soliciting proposals from individuals to provide intergovernmental project management services to maximize the County’s efforts in administering and implementing its capital project program and aligning them with the vision and long-term strategy of the County.

It is the County’s intent to select an individual to support these efforts by providing the services as outlined in this Request for Proposal. The initial contract term will be for 12 months from contract award.

ISSUING OFFICE AND RFP REFERENCE NUMBER

The County of Putnam’s Purchasing Department is the issuing office for this document and all subsequent addenda relating to it. The reference number for the transaction is solicitation #RFP 1-19.

SUBMITTING YOUR PROPOSAL

NOTICE: By submitting a proposal in response to this RFP, offeror is acknowledging that the requirements, scope of work, and the evaluation process, outlined in the RFP are fair, equitable, not unduly restrictive, understood and agreed to. Any exceptions to the content of the RFP must be protested to the Director of Purchasing prior to the closing date and time for submission of the proposal.

Proposals must be received by the posted due date and time. Proposals received after the deadline will be late and ineligible for consideration.

Proposals shall be submitted electronically through the County’s Bonfire Request for Proposal Portal. Please refer to the instructions titled: Proposal Submittal Procedures for instructions on submitting your proposal electronically.

When submitting (uploading) a proposal electronically through the County’s Bonfire Portal, please allow sufficient time to complete the online forms and upload documents. The solicitation will end at the closing time listed in the RFP. If you are in the middle of uploading your proposal at the closing time, the system will stop the process and your proposal will not be received by the system.


LENGTH OF CONTRACT
The Contract resulting from this RFP will be for a period of one (1) year with the option to renew for two (2) additional six (6) month terms.

The County of Putnam reserves the right to review contract(s) on a regular basis regarding performance and cost analysis and may negotiate price and service elements during the term of the contract.

PRICE GUARANTEE PERIOD (NOT APPLICABLE)
The proposed price and/or hourly rates shall remain firm through the first contract period with no adjustments allowed. If the County exercises any of the option years of the contract, the Offeror may submit a request for adjustment on the yearly anniversary date of the contract. Any request for price adjustment(s) shall be submitted thirty (30) days in advance of the anniversary date; in writing to the Director of Purchasing. The County reserves the right to reject any request for price increase deemed excessive.

STANDARD CONTRACT TERMS AND CONDITIONS AND DEFINITIONS

Any contract resulting from this RFP will include the County’s Standard Terms and Conditions for Professional Service Contracts, which are attached to this RFP. Exceptions and or additions to the County’s Standard Terms and Conditions are strongly discouraged.

Exceptions to the RFP Terms and Conditions, and/or Standard Terms and Conditions for Professional Service Contracts must be submitted with the proposal response. Exceptions, additions, service level agreements, etc., submitted after the date and time for receipt of proposals will not be considered.

The County retains the right to refuse to negotiate on exceptions should the exceptions be excessive and not in the best interest of the County.

If negotiations are required, contractor must provide all documents in Microsoft WORD format for redline editing. Offeror must provide the name, contact information, and access of the person(s) that will be directly involved in legal negotiations.




PROTEST PROCEDURES

Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation or award of a contract may protest to the County Executive. Protestors are urged to seek resolution of their complaints initially with the Director of Purchasing. A protest with respect to an invitation for bids or request for proposals shall be submitted in writing prior to the opening of bids or the closing date of proposals, unless the aggrieved person did not know and should not have known of the facts giving rise to such protest prior to bid opening or the closing date for proposals. The protest shall be submitted within three calendar days after such aggrieved person knows or should have known of the facts giving rise thereto.

CONFIDENTIAL/TRADE SECRET INFORMATION

The County of Putnam is subject to New York State’s Freedom of Information Law (FOIL) which mandates public access to government records not otherwise subject to exemption.

Vendors should be aware that pertinent facts relating to their proposals, excluding trade secrets or proprietary information, could potentially be released upon selection of the successful vendor. Should your submission, for this RFP, contain “trade secrets”, or other information that the disclosure of which could reasonably be expected to be harmful to business interests, you must insure that such information is clearly identified and marked as such. Identification must be specific by item or paragraph.

Marked information will be treated as Confidential Third Party Information. Should marked information be the subject of a request under FOIL, you may be requested either to consent to the request, or make representation explaining why the information should not be disclosed.

DISCUSSIONS WITH OFFERORS (ORAL PRESENTATIONS)

An oral presentation by an offeror to clarify a proposal may be required at the sole discretion of the County. However, the County may award a contract based on the initial proposals received without discussion with the Offeror. If oral presentations are required, they will be scheduled after the submission of proposals. Oral presentations will be made at the offerors’ expense. The County is not required to provide the opportunity for oral presentations to all offerors that submitted a proposal.



MINIMUM QUALIFICATIONS

Good knowledge of the methods and techniques used in business and community development; good knowledge of Federal and State business development programs and resources; good knowledge of Federal and State business development programs and resources; good knowledge of the business and economic conditions of Putnam County; working knowledge of the general principles, terminology and practices used in municipal regional or community planning; ability to research and analyze data, ability to communicate effectively; both orally and in writing; ability to establish and maintain effective working relationships with government and business representatives.

STATEMENT OF OBJECTIVES OR DETAILED SCOPE OF WORK

The successful firm/individual will handle a range of activities including, but not limited to:

• Work closely with the County Executive, Commissioner of Planning, and key staff to provide intergovernmental project management services to maximize the County’s efforts in administering and implementing its capital project program and aligning them with the vision and long-term strategy of the County.
• Implement standardized processes and methodologies around project selections for Putnam County.
• Identify County, State and Federal grant opportunities; draft funding/grant applications in collaboration with the County, which addresses specific funding needs of the County.
• Executive management review and implementation of the foregoing practices.
• Facilitate cross-project sharing of information/solutions.
• Update projects/programs plan revisions, where appropriate.
• Identify opportunities to consolidate project work efforts intra-County and with local municipalities.
• Review projects/program plans’ status on an ongoing basis, communicate the appropriate changes to local municipalities with respect to projects/program plans.

RATES AND EXPENSES

Provide a detailed fee schedule. Express your administrative fee in a lump sum not to exceed maximum amount of hourly rate with projections.

Consultant shall incur no travel or related expenses chargeable to the County without prior approval by the County.

Consultants may submit proposals based upon a lump sum basis payable monthly over the course of the year or an hourly fee basis. If the proposed fee is based upon hourly charges, estimate the number of hours per month required to complete the above-listed tasks. All proposals must include a maximum not-to-exceed amount. Expenses not specifically listed will not be considered.

PROPOSAL RESPONSE FORMAT AND SUBMISSION

All proposals must include:

• Section 1:​Executive Summary
• Section II:​Detailed Response
• Section III:​Value-Added Considerations
• Section IV:​Protected Information (if any)
• Section V:​Cost Proposal
• Section VI:​Exceptions to the RFP terms and conditions
• Required Forms:​Uploaded Separately on BonFire.

1. Executive Summary: The one or two page executive summary is to briefly describe the offeror’s proposal. This summary should highlight the proposers’ experience and qualifications. It must indicate any requirements that cannot be met by the offeror. The reader should be able to determine the essence of the proposal by reading the executive summary.
2. Detailed Response. This Section should constitute the major portion of the proposal and must contain at the least the following information:
a. A complete narrative of the offeror’s assessment of the work to be performed, the offeror’s ability and approach, and the resources they can provide to fulfill the requirements. This should demonstrate the offeror’s understanding of the desired overall performance expectations. Clearly indicate any options or alternatives proposed.
b. A specific point by point response, in the order listed, to each requirement and minimum qualifications in the RFP.
c. Statement of Work (SOW). A Statement of Objectives (SOO) is provided in the RFP. This Statement of Objects represents the County’s minimum objectives for this project.

d. Past and Present Performance Form for references.
3. Value Added Considerations. Offeror may include any relevant services or products that will be provided to the County which are not specifically priced in their proposal; but which enhance the Offeror’s proposal.
4. Protected Information. All protected information must be included in this section of proposal response. Do not incorporate protected information throughout the proposal. Rather, provide a reference in the proposal response directing reader to the specific area of this Protected Information section.
5. Cost Proposal. Cost will be evaluated independently from the technical proposal. Please enumerate all costs on the attached Cost Proposal Form. Cost proposals are to be uploaded as a separate attachment to your RFP response. Please refer to the separate attachment titled: Proposal Submittal Procedures for instructions on submitting your proposal electronically. Inclusion of any cost or pricing date within your technical proposal may result in your proposal being judged as non-responsive.
6. Exceptions to Terms and Conditions. Exceptions to the RFP Terms and Conditions, and/or the Standard Terms and Conditions for Professional Service Contracts must be submitted with the proposal response. Exceptions, additions, service level agreements, etc. submitted after the date and time for receipt of proposals will not be considered.
7. Required Forms. The following forms are required to be submitted with each proposal response.
a. Receipt Confirmation Form
b. Project Reference Form
c. Required Disclosures of Relationships to Putnam County
d. Certificate of Compliance with Iran Divestment Act
e. Affidavit of Non-Collusion

















PROPOSAL SUBMISSION INSTRUCTIONS FOR SUPPLIERS


Please follow these instructions via our Public Portal.

1. Prepare your submission materials:

Requested Information


Name
Type
# Files
Requirement
Instructions
Required Forms
File Type: PDF (.pdf)

1

Required

Technical Requirements
File Type: PDF (.pdf)

1

Required


Cost

File Type: PDF (.pdf)

1

Required



Requested Documents:
Please note the type and number of files allowed. The maximum upload file size is 1000 MB.
Please do not embed any documents within your uploaded files, as they will not be accessible or evaluated.

2. Upload your submission at: https://putnamcountyny.bonfirehub.com/portal
Your submission must be uploaded, submitted, and finalized prior to the Closing Time of January 9, 2019 at 1:00 PM EST. We strongly recommend that you give yourself sufficient time and at least ONE (1) day before Closing Time to begin the uploading process and to finalize your submission.


Important Notes:
• Each item of Requested Information will only be visible after the Closing Time.
• Uploading large documents may take significant time, depending on the size of the file(s) and your Internet connection speed.
• You will receive an email confirmation receipt with a unique confirmation number once you finalize your submission.
• Minimum system requirements: Internet Explorer 11, Microsoft Edge, Google Chrome, or Mozilla Firefox. Javascript must be enabled. Browser cookies must be enabled.

Need Help?
Putnam County uses a Bonfire portal for accepting and evaluating proposals digitally. Please contact Bonfire at [email protected] for technical questions related to your submission. You can also visit their help forum at https://bonfirehub.zendesk.com/hc























PROPOSAL EVALUATION CRITERIA
An Evaluation Committee will evaluate proposals against the following weighted criteria. Each area of the evaluation criteria must be addressed in detail in the proposal.

WEIGHT​EVALUATION CRITERIA

35 points​Demonstrated ability to meet the scope of work/statement of objectives
10 points​Demonstrated technical capability (proven track record), etc.
15 points​Qualification and expertise of staff proposed consultant for this project
10 points​Performance references for similar projects
30 points​Cost

All proposals in response to this RFP will be evaluated in a manner consistent with the Putnam County Procurement Policy, rules, policies, and the evaluation criteria established in the RFP.

Responsible bidder: Award will be made only to “responsible” offerors possessing the ability, experience, willingness, and integrity to perform successfully under the terms and conditions of the contract. Responsibility is a procurement issue that is determined by the recipient after receiving bids or proposals and before making contract award in ascertaining whether or not a bidder is responsible, information may be requested from bidder to discuss and assist in determining responsibility.


AWARD OF CONTRACT
Award shall be made to the offeror whose proposal is the most advantageous to the County taking into consideration price and the other evaluation factors set forth in this request for proposals.

The County reserves the right to award the contract(s) to a technically qualified lower cost offeror(s) in the event the high scoring offer is determined to not be the best value offered to the County, based on a cost benefit analysis.


STANDARD TERMS AND CONDITIONS FOR PROFESSIONAL SERVICE CONTRACTS
The term “County” shall mean the County of Putnam.

The term “Offeror” shall mean a person or entity who makes a specific proposal to another (the County) to enter into a contract.

ACCEPTANCE OF PROPOSALS
This RFP should not be construed as a contract to purchase goods or services. The County is not bound to accept the lowest price or any proposal of those submitted.

ACCEPTANCE OF TERMS
All the terms and conditions of this RFP are deemed to be accepted by the Offeror and incorporated in its proposal except those conditions and provisions that are expressly excluded by the Offeror’s proposal.

AMENDMENTS TO REQUEST FOR PROPOSAL
Any verbal information obtained from or statements made by the Director of Purchasing or his designee at the time of pre-proposal meetings or site visits shall not be construed as, in any way, amending the RFP documents. Only such corrections or addenda as are issued by the Director of Purchasing in writing shall become a part of the Contract. Any addendum issued during the RFP process shall be included in proposals and become a part of the Contract Agreement.

AMERICANS WITH DISABILITIES ACT OF 1990
Offeror agrees to comply with the provisions of the Americans with Disabilities Act of 1990 (ADA) prohibiting discrimination on the basis of disability with regard to employment policies and procedures, structural and program accessibility, transportation and telecommunications.

APPROVAL OF FEDERAL, STATE AND LOCAL AGENCY
Notwithstanding any other provisions of this Agreement, County shall not be liable for any payment or compensation to Offeror until the Services rendered by Offeror under any resulting Agreement meet the approval and standards of any other Federal, State or local agency, authority, commission or body, which has jurisdiction over the Services to be rendered under this Agreement and which provides funding in whole or in part for the Services provided under this Agreement.



BUSINESS CORPORATION LAW
The Offeror shall be licensed to do business in the State of New York and is fully qualified under the Business Corporation Law, Article 13 - Section 1304.

CHANGES TO PROPOSAL WORDING
No changes to wording of the proposal will be accepted after submission unless requested by the County.

CONTRACT ADMINISTRATOR
A County contract administrator will be assigned to oversee the contract awarded to the successful Offeror. In addition, the successful Offeror will be expected to name a counterpart contract administrator. The Offeror’s contract administrator will be responsible for providing scheduled status reports to the County’s contract administrator or his designee.

COMPLIANCE WITH LAWS
The Offeror shall comply with all the provisions of laws in the County of Putnam, the State of New York and of the United States of America which affect municipalities and municipal contracts, and provide at his expense, any and all permits, licenses and registrations required for the fulfillment of this agreement, and more particularly the Labor Law, the Immigration and Naturalization Laws and Regulation, the General Municipal Law, the Workers’ Compensation Law, the Lien Law, Personal Property Law, State Unemployment Insurance Law, Federal Social Security Law, State, Local and Municipal Health Laws, Rules and Regulation, and any and
all regulations promulgated by the State of New York and of amendments and additions thereto, insofar as the same shall be applicable to any contract awarded hereunder with the same force and effect as if set forth at length herein.

CONFIDENTIALITY - For the purposes of this article:
The term “Confidential Information” as used herein means all material and information, whether written or oral, received by Offeror from or through County or any other person connected with County, or developed, produced, or obtained by Offeror in connection with the performance of Services under this Agreement. Confidential Information shall include, but not be limited to, samples, substances and other materials, conversations, correspondence, records, notes, reports, plans, drawings, specifications and other documents in draft or final form, including any documentation or data relating to the results of any investigation, testing, sampling in laboratory or other analysis, and all conclusions, interpretations, recommendations and/or comments relating thereto.

The term “Offeror” includes all officers, directors, employees, agents, subcontractors, successors, assignees or representatives of Offeror.

Offeror shall keep all Confidential Information in a secure location within Offeror’s offices. The County shall have the right, with advance notice during reasonable business hours, to enter Offeror’s offices to ensure that Confidential Information is maintained in a secure location. No inspection or failure to inspect by the County shall relieve Offeror of the responsibility for the performance of its obligations hereunder.

Offeror shall hold Confidential Information in trust and confidence, shall not disclose Confidential Information or any portion thereof to anyone other than County without the prior written consent of County and shall not use Confidential Information or any portion thereof for any purpose whatsoever except in connection with the performance of the Services under this Agreement.

Offeror shall notify County immediately upon receipt by Offeror of any request by anyone other than County for, or any inquiry related to, Confidential Information. Offeror is not prohibited from disclosing portions of Confidential Information if, and to the extent that, (i) such portions have become generally available to the public other than by an act or omission of Offeror, or (ii) disclosure of such portions is required by subpoena, warrant or Court order; PROVIDED, however, that in the event anyone other than County requests all or a portion of Confidential Information, Offeror shall oppose such request and cooperate with County in obtaining a protective order or other appropriate remedy unless and until County in writing waives compliance with the provisions of this section or determines that disclosure is legally required. In the event that such protective order or other remedy is not obtained, or County waives compliance this section or determines disclosure is legally required, Offeror shall disclose only such portions of Confidential Information that, in the opinion of County, Offeror is legally required to disclose, and Offeror shall use its best effort to obtain from the party to whom Confidential Information is disclosed written assurance that confidential treatment will be given to such portions of Confidential Information as are disclosed, to the extent permitted by law.

Offeror shall obtain from each subcontractor of Offeror, and if requested by County from the directors, employees, agents, successors, assignees or representatives of any such subcontractor, a Confidentiality Agreement running to the benefit of County, substantively identical the requirements in this RFP, prior to the performance of any of the Services in connection with this Agreement. Offeror’s obligations under this section shall survive the completion of Services under or the expiration or termination of this Agreement.

CURRENCY AND TAXES
Prices are to be in U.S. dollars, duty and delivery FOB destination, freight prepaid and allowed. The County is exempt from all sales and use taxes.

DEBRIEFING
Upon written request from an unsuccessful offeror, the Director of Purchasing will arrange for a debriefing session. The debriefing is not to be seen as an opportunity to challenge the decision. Once debriefing ends, the RFP process is finished and the RFP will not be discussed further with the offeror at any time.

DEFINITION OF CONTRACT
The County may at its option notify an Offeror in writing that its proposal has been accepted and such acceptance shall at the County’s option constitute the making of a formal contract for the services set out in the RFP. Alternatively, the subsequent full execution of a written contract shall constitute the making of a contract for services, and no Offeror shall acquire any legal or equitable rights or privileges whatever relative to the services until the County has delivered either a signed notice in writing to the offeror or a fully executed written agreement to the Offeror.

ENTIRE AGREEMENT/NO MODIFICATION
This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, representations or agreements either oral or written. This Agreement may not be modified except if such modification is in a writing signed by the parties.

FAILURE TO PERFORM
Should the Offeror fail to perform as required by the specifications, the county may cancel the order and/or contract. In such event, the County will assume no responsibility for, nor will it reimburse the Offeror for any expense or loss to the offeror because of such termination or cancellation. County will then purchase products/service on the open market and charge back the differences to defaulting vendor.

FINANCIAL RECORDS/AUDIT
Offeror shall maintain records of all of its financial transactions, including all expenses and disbursements, which relate to this Agreement. Such records shall be kept in accordance with GAAP (Generally Accepted Accounting Practices) and/or County record-keeping requirements, and each transaction shall be documented. Such records shall be made available to County for inspection or audit upon request. No compensation or fee for Services will be due Offeror unless or until financial statements have been filed with the Putnam County Department of Finance, if and when required by the Department of Finance.

FINANCIAL STABILITY
The successful Offeror must demonstrate financial stability and the County reserves the right to conduct independent background checks to determine the financial strength of any and all organizations or individuals submitting proposals.

FINANCIAL RECORDS/AUDIT
Offeror shall maintain records of all of its financial transactions, including all expenses and disbursements, which relate to this Agreement. Such records shall be kept in accordance with GAAP (Generally Accepted Accounting Practices) and/or COUNTY record-keeping requirements, and each transaction shall be documented. Such records shall be made available to COUNTY for inspection or audit upon request. No compensation or fee for Services will be due Offeror unless or until financial statements have been filed with the Putnam County Department of Finance, if and when required by the Department of Finance.

FIRM PRICING
Prices quoted in the proposals shall be firm for a period of at least 120 days after the submission deadline.

FUNDING
All County expenditures are subject to appropriation of funds. Therefore, the County reserves the right to discontinue the RFP process if funding is not available.

FUNDING/RESERVATION OF RIGHTS
County monies provided to Offeror pursuant to this Agreement may be based upon and/or subject to funding statements or actual funds provided to County from New York State or the Federal Government, either directly or by reimbursement; in such case, County retains the right and discretion to adjust payments of County funds to Offeror, based on the actual amounts County receives or is to receive from New York State or the Federal Government.

GOVERNING LAW
This RFP and any contract entered into between the offeror and the County shall be governed by and in accordance with the Laws of the State of New York, and the venue of any litigation shall be Putnam County.


HIPAA
Notwithstanding any other provision of this Agreement to the contrary, Offeror agrees to comply with the provisions of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), as amended, and any regulations adopted there under. A Business Associate Agreement may be made a part the resulting Agreement. Offeror warrants and represents that its practices, policies and procedures for patient/medical record confidentiality are in full compliance with the “Standards for Privacy of Individually Identifiable Health
Information” set forth in 45 CFR 160 et seq. as amended, if applicable.

INDEMNIFY AND HOLD HARMLESS
Offeror agrees to defend, indemnify and hold harmless County and its respective officers, employees and agents from and against all claims, actions and suits and will defend County and its respective officers, employees and agents at its own cost and at no cost to County in any suit, action or claim including appeals for personal injury to or death of any person or loss or damage to property arising out of or resulting from the activities or omissions of Offeror to the fullest extent permitted by law. These indemnification provisions are for the protection of County and its respective officers, employees and agents only and shall not establish, of themselves, any liability to third parties. The provisions of this section shall survive the termination of this Agreement.

INDEPENDENT CONSULTANT
Offeror, as an independent contractor, covenants and agrees that it, its employees, servants and/or agents will neither hold itself/themselves out as, nor claim to be an employee, servant or agent of County, and that it, its employees, servants and/or agents will not make a claim, demand or application to or for any right or privilege applicable to an officer or employee of County including, but not limited to, Workers’ Compensation coverage, unemployment insurance benefits, Social Security coverage or retirement membership or credit.

INJURY, PROPERTY DAMAGE
Offeror shall be responsible for all damages and/or injury to life and property due to, or resulting from, the negligent acts of Offeror, its employees, agents and/or employees in connection with the resulting Agreement.

IRAN DIVESTMENT ACT
Offeror and its employees, agents, servants, subcontractors and/or assignees agree to comply with the Iran Divestment Act of 2012 (the “Act”), as set forth in N.Y. State Finance Law § 165-a and N.Y. General Municipal Law § 103-g, both effective April 12, 2012, which requires bidders to certify that they do not invest in the Iranian energy sector when they bid on state or local government contracts. As set forth in the Act, a person engages in investment activities in Iran if (a) the person provides goods or services of twenty million dollars or more in the energy sector of Iran including, but not limited to, providing oil or liquefied natural gas tankers or products
used to construct or maintain pipelines used to transport oil or liquefied natural gas for the energy sector of Iran or (b) the person is a financial institution that extends twenty million dollars or more in credit to another person for forty-five days or more for the purpose of providing goods or services in the energy sector in Iran.

LABOR DISRUPTIONS
Any contract resulting from this Request for Proposal process is subject to the right of the County to postpone acceptance of delivery and payment by the County in the event of any form of labor disruption.

LABOR LAW AND EXECUTIVE LAW
Offeror shall comply with all of the provisions of the Labor Law of the State of New York including, but not limited to, prevailing wage provisions, if required by law, and with Article 15 of the Executive Law of the State of New York relating to unlawful discriminatory practices insofar as the provisions are applicable to the work and/or Services to be performed under this Agreement.

LIABILITY OF ERRORS
While the county has used considerable efforts to ensure an accurate representation of information in this RFP, all prospective offerors are urged to conduct their own investigations into the material facts and the County shall not be held liable or accountable for any error or omission in any part of this RFP.

LIABILITY ONLY FOR MONIES BUDGETED
This Agreement shall be deemed executory to the extent that the monies are appropriated in the current budget of County for the purposes of this Agreement, and no liability shall be incurred by County, or any department, beyond the monies budgeted and available for this purpose. The resulting Agreement is not a general obligation of County. Neither the full faith and credit nor the taxing power of the County is pledged to the payment of any amount due or to become due under this Agreement. It is understood that neither this Agreement nor any representation by any County employee or officer creates any obligation to appropriate or make monies available for the purpose of the Agreement. This Agreement shall not be effective unless the monies to be paid hereunder by County are appropriated in County’s budget.


LOCAL LAWS AND RESOLUTIONS
Offeror shall comply with all local laws and resolutions of the Legislature of Rockland County, including, but not limited to, the filing of Disclosure Statements and Affirmative Action Plans, if required by law or resolution.

NEGOTIATION DELAY
If any contract cannot be negotiated within thirty (30) days of notification to the designated offeror, the County may terminate negotiations with that offeror and negotiate a contract agreement with another offeror of its choice.

NO ASSIGNMENT
Offeror shall not assign, sublet or transfer or otherwise dispose of its interest in this Agreement without the prior written consent of County.

NOTIFICATION OF CHANGES
All recipients of this Request for Proposal who have returned the Receipt Confirmation Form will be notified regarding any changes made to this document.

OFFERORS’ EXPENSES
Prospective Offerors are solely responsible for their own expenses in preparing a proposal and subsequent negotiations with the County, if any.

OWNERSHIP OF PROPOSALS
All responses to this request for proposal become the property of the County.

OWNERSHIP OF CONFIDENTIAL INFORMATION
Notwithstanding any other provision herein to the contrary: All Confidential Information as defined in the preceding paragraph, including all copies thereof, is the exclusive property of County regardless of whether it is delivered to County. Offeror shall deliver Confidential Information and all copies thereof to County upon request. To the extent that copies of Confidential Information are authorized by County to be retained by Offeror, they shall be retained in a secure location in Offeror’s office for a period of six (6) years after completion of the Services under or the termination of this Agreement, whichever occurs later, and thereafter disposed of at County’s direction.




PAYMENT HOLDBACK
The County shall not pay the total contract price until the requirements outlined in this RFP have been met. Any holdback amount will be decided as part of the contract negotiations, or as specified in the RFP.

PAYMENT TERMS
County agrees to pay Offer and Offeror agrees to accept the maximum sum not to exceed the dollar amount as itemized on the Schedule “A” of the resulting contract as its entire fee as compensation for the services rendered and performed by Offeror. Offeror shall not be entitled to any payment or monies unless the services rendered and performed by Offeror as set forth in the resulting contract are acceptable to County. All out-of pocket and other expenses incurred by Offeror in connection with the performance of the professional services under the resulting Agreement shall be borne solely by Offeror. To request payment, Offeror shall submit to
County an invoice and properly completed voucher form. The County’s standard payment term is thirty (30) to sixty (60) days upon receipt of invoice after services are performed or goods delivered.

PROPERTY TAX DEBT
If the Offeror owes, or following the execution of a contract, comes to owe property taxes to the County, the County shall hold all payments due under the agreement, as they come due, in a non-interest bearing escrow account. The monies due from the County shall be held in escrow unless and until all property taxes owed by the Offeror to the County, including all penalties and accrued penalties and interest, are paid in full. Upon determining to hold payments in escrow, the County shall provide notice to the Offeror. The County shall, upon request, but no more often than once per calendar month, give an accounting of the escrow to the Offeror. Upon Offeror’s payment in full of all property taxes due to the County, including all accrued penalties and
interest, all escrowed funds will be paid to the Offeror as soon as practicable. The escrowed funds may be applied towards any payment that fully satisfies all outstanding property tax debts, including all accrued penalties and interest. If the County holds an auction to satisfy the property tax debt and, upon the closing of deficiency, the County shall apply the escrow to the deficiency, but no more than necessary to make the County whole and any remaining amounts of the escrow shall be paid to the Offeror as soon as practicable. The County shall not apply the escrowed funds for any other purpose. This remedy shall not be deemed a waiver of any other remedy available to the County or bar any other means of collecting the property tax debt due to the County.



QUOTES FROM THE MARKETPLACE
The County reserves the right to consider quotes from the marketplace from suppliers other than those invited to respond to this solicitation.

REQUEST FOR PROPOSAL DATES
All dates referenced in the specifications relative to the solicitation timeline are tentative and can be changed in the best interest of the County. The County reserves the right to modify the timeline of the RFP at any time in its sole discretion.

SHORTLIST
Unless there is a successful offeror based on the responses, the evaluation procedure will be to develop a shortlist based on the stated criteria. The shortlist of offerors may be asked to prepare a presentation and/or provide additional information prior to the final selection.

SOCIAL SECURITY TAXES
The Offeror for the agreed consideration promises and agrees to pay the taxes measured by the wages of their employees required by the Federal Social Security Act and all amendments thereto, and to accept the exclusive liability for said taxes. The Offeror further promises and agrees to indemnify and hold the owner harmless on account of any tax measured by the wages aforesaid of employees of the contractor assessed against the owner under authority of said law.

SUBCONTRACTING
Utilizing a subcontractor, who must be clearly identified, to remedy deficiencies in the prime offeror’s product or service is acceptable. This also includes a joint submission by two offerors having no formal corporate links. However, in this case, one of these offerors must be prepared to take overall responsibility for successful interconnection of the two-product/service lines and this must be defined in the proposal. Subcontracting to any firm or individual involved in the preparation of this RFP will not be permitted.



1/16
SCHEDULE “C”
PUTNAM COUNTY INSURANCE REQUIREMENTS

THE FOLLOWING MUST APPEAR ON EACH INSURANCE CERTIFICATE:

UNDER THE CERTIFICATE HOLDER SECTION:

COUNTY OF PUTNAM
48 GLENEIDA AVENUE
CARMEL, NEW YORK 10512
ATTN.: LAW DEPT./RISK MANAGER

ADDITIONALLY, IN THE SPACE (DESCRIPTION OF OPERATIONS/LOCATIONS)
ON THE INSURANCE CERTIFICATE, IT MUST BE NOTED AS FOLLOWS:

“PUTNAM COUNTY IS INCLUDED AS AN ADDITIONAL INSURED except for
Professional Liability and Workers’ Comp.”

It is the requirement of the County of Putnam and/or Putnam County Highway Department that for work performed under contract and/or permit authorized by the County and/or Highway Department and/or any event or performance conducted on County property that the contractor or permitee procure and maintain at their own expense and without expense to the County, until final acceptance of the work by the County, the insurances listed below.

Before commencement of any work, event or performance a certificate or certificates of insurance must be furnished to the County and/or Highway Department in forms satisfactory to the County and/or Highway Department.

All insurance coverages must be from an A.M. Best Rated “secured” (B+-A++), New York State admitted insurer.

All certificates of insurance must provide that the policy or policies shall not be changed or canceled until at least thirty (30) days prior written notice has been given to the County and/or Highway Department.

When required by the Highway Department the “XCU” exclusion of the policy or policies shall be eliminated or show proof that “XCU” is covered.



The Contractor shall provide and maintain at its own expense the following
minimum insurance coverage:

A. Workers’ Compensation Insurance – This is statutorily required and is required for all contracts. Each policy must cover all operations and all locations involved in the contract. If applicable, the policy should also include New York State Disability Benefits. Proof of Workers’ Compensation Insurance is required and should be received by Putnam County on a C105.2 form, SI 12 form, CE-200 form or U-26.3 – all of these forms are available through your carrier.

B. Commercial General Liability – covering all operations and all locations involved in the contract, including the following coverages:
$2,000,000 General Aggregate
$5,000 Medical Expense Limit
$1,000,000 Personal & Advertising Injury Limit
$1,000,000 Each Occurrence
$2,000,000 Products/Completed Operations Aggregate
$50,000 Fire Damage Legal Liability Limit

C. Commercial Automobile Liability – Covering all operations and locations involved in the contract, including the following coverage:

(1) Owned Automobiles (2) Hired Automobiles (3) Non-Owned Automobiles
Unless specifically required, each policy shall provide limits of not less than $1,000,000 Combined Single Limits for Bodily Injury and Property Damage.

D. If applicable, Professional Liability (errors and omissions) in the amount of at least $1,000,000 per claim.

E. Excess Liability or Umbrella Policy
Limits depending on the following contract size
$100,000 - $250,000 – 1 million
$250,001 - $500,000 – 5 million
$500,000+​ 10 million

F. Bid, Performance/Payment, Labor & Material Bonds
Required for any contract in excess of $250,000. These bonds shall be provided by a New York State admitted surety company in good standing. Only the (AIA) - The American Institute of Architects- A312 form- will be accepted. In addition, pursuant to NYS Insurance Law Section 1111 all bonds must include a certificate of solvency for the surety which shall be updated annually. In addition, the Surety must be on the U.S. Treasury List (Circular 570) of acceptable sureties.


STANDARD INSURANCE REQUIREMENTS AND INDEMNIFICATION REQUIREMENT:

All policies and certificates of insurance of the contractor
shall contain the following clauses:

1. Putnam County is named as an additional insured and as Certificate Holder. Insurers shall have no right of recovery or subrogation against the County of Putnam (including its agents and agencies), it being the intention of the parties that the insurance policies so effected shall protect both parties and be primary coverage for any and all losses covered by the above described insurance.
2. The Clause “other insurance provisions” in a policy in which the County of Putnam is named as an additional insured, shall not apply to the County of Putnam.
3. The insurance companies issuing the policy or policies shall have no recourse against the County of Putnam (including its agents or agencies) for payment of any premiums or for assessments under any form of policy.
4. Any and all deductibles in the above described insurance policies shall be assumed by and be for the account of, and at the risk of the contractor.



REQUIRED FORMS
• THE FOLLOWING FORMS SHALL BE COMPLETED AND
SUBMITTED WITH YOUR PROPOSAL

































AFFIDAVIT OF NON-COLLUSION

The undersigned, having a principal place of business at:

NAME OF BIDDER:________________________​PHONE NO.: _______________________EXT:_________

BUSINESS ADDRESS: ____________________​TELEFAX NO.: ____________________________________

_______________________________________________

and being experienced and responsible for the performance of the same, agrees to furnish and deliver F.O.B. DESTINATION, FREIGHT PREPAID AND ALLOWED, Inside Delivery to locations as specified, at the prices set forth by bidder in the specifications hereto annexed.

CERTIFICATION AND SIGNATURE FORM
I hereby attest that I am the person responsible within my firm for the final decision as to the prices(s) and amount of this bid or, if not, that I have written authorization, enclosed herewith, from that person to make the statements set out below on his or her behalf and on behalf of my firm.

I further attest that:
1. The price(s) and amount of this bid have been arrived at independently, without consultation, communication or agreement for the purpose of restricting competition with any other contractor, bidder or potential bidder.
2. Neither the price(s), nor the amount of this bid, have been disclosed to any other firm or person who is a bidder or potential bidder on this project, and will not be so disclosed prior to bid opening.
3. No attempt has been made or will be made to solicit, cause or induce any firm or person to refrain from bidding on this project, or to submit a bid higher than the bid of this firm, or any intentionally high or non-competitive bid or other form of complementary bid.
4. The bid of my firm 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 bid.
5. My firm has not offered or entered into a subcontract or agreement regarding the purchase of materials or services from any other firm or person, or offered, promised or paid cash or anything of value to any firm or person, whether in connection with this or any other project, in consideration for an agreement or promise by any firm or person to refrain from bidding or to submit a complementary bid on this project.
6. My firm has not accepted or been promised any subcontract or agreement regarding the sale of materials or services to any firm or person, and has not been promised or paid cash or anything of value by any firm or person, whether in connection with this or any project, in consideration for my firm’s submitting a complementary bid, or agreeing to do so, on this project.
7. I have made a diligent inquiry of all members, officers, employees, and agents of my firm with responsibilities relating to the preparation, approval or submission of my firm’s bid 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 of the statements and representations made in this affidavit.

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

______________________​Sworn to before me this
Signature
​___ Day of __________________20____
______________________
Type Name & Company Position​___________________________________
​Notary Public
______________________
Date


CERTIFICATION OF EXPERIENCE
(THIS FORM MUST BE FILLED IN BY VENDOR)


I ___________________________________ HEREBY CERTIFY THAT (COMPANY) _______________________

_____________________________________ HAS PERFORMED THE FOLLOWING WORK WITHIN THE LAST THREE YEARS:


NAME OF BUSINESS: __________________________ CONTACT NAME:_______________________________
ADDRESS:____________________________________________________________________________________
AMOUNT OF CONTRACT: ________________________TELEPHONE NO.: ______________________________
TYPE OF WORK: _______________________________Email Address: _________________________________
-----------------------------------------------------------------------------------------------------------------------------------------------------------

NAME OF BUSINESS: __________________________ CONTACT NAME:_______________________________
ADDRESS:____________________________________________________________________________________
AMOUNT OF CONTRACT: ________________________TELEPHONE NO.: ______________________________
TYPE OF WORK: _______________________________Email Address: _________________________________
-----------------------------------------------------------------------------------------------------------------------------------------------------------

NAME OF BUSINESS: __________________________ CONTACT NAME:_______________________________
ADDRESS:____________________________________________________________________________________
AMOUNT OF CONTRACT: ________________________TELEPHONE NO.: ______________________________
TYPE OF WORK: _______________________________Email Address: _________________________________
-----------------------------------------------------------------------------------------------------------------------------------------------------------

NAME OF BUSINESS: __________________________ CONTACT NAME:_______________________________
ADDRESS:____________________________________________________________________________________
AMOUNT OF CONTRACT: ________________________TELEPHONE NO.: ______________________________
TYPE OF WORK: _______________________________Email Address: _________________________________
-----------------------------------------------------------------------------------------------------------------------------------------------------------

NAME OF BIDDER_________________________________________

TITLE:___________________________________________________

RELATIONSHIPS TO PUTNAM COUNTY

STATE OF NEW YORK)
​: ss
COUNTY OF PUTNAM)

NAME OF REPORTING ENTITY: _____________________________________________________________

ADDRESS: _________________________________________________________________________________

TELEPHONE NO.: ________________________EXT:_____​

THE REPORTING ENTITY IS (Check one of the following):

________ AN INDIVIDUAL​________ A PARTNERSHIP​__________ A CORPORATION

A.) Related Employees
1. Are any of the employees that you will use to carry out this contract with Putnam County also an officer or employee of Putnam County, or the spouse, or the child or dependent of such Putnam County officer or employee?

​Yes _______​No______

​If yes, please provide details:

​_______________________________________________________________________________________________​

​________________________________________________________________________________________________

B.) Related Owners

​1. If you are the owner of the Contractor, are you or your spouse, an officer or employee of the County?

​Yes _______​No______

​If yes, please provide details:

​________________________________________________________________________________________________​
​________________________________________________________________________________________________

To answer the following question, the following definition of the word “interest” shall be used:

Interest means a direct or indirect pecuniary or material benefit accruing to a county officer or employee, his or her spouse, child or dependent, whether as the result of a contract with county or otherwise. For the purposes of this chapter, a county officer or employee shall be deemed to have an “interest” in the contract of:

​i. His/her spouse, children and dependents, except a contract of employment with the County;
​ii. A firm, partnership or association of which such officer or employee is a member or employee:
​iii. A corporation of which such officer or employee is an officer, director or employee; and
​iv. A corporation of which more than five (5) percent of outstanding capital stock is owner by any of the aforesaid parties.




2. Do any officers or employees of the County of Putnam have an interest in the Contractor or in any subcontractor that will be used for this contract?

Yes _______​No______

​If yes, please provide details:

​________________________________________________________________________________________________

​________________________________________________________________________________________________



I am the __________________________________________________________ (Title or Office) of the reporting entity listed above.

I make this affirmation based upon my personal review of the books and records of the reporting entity. All of the foregoing information is true to the best of my knowledge, after inquiry. I make these statements under penalty or perjury.


SIGNATURE: ___________________________________



PRINT NAME & TITLE: ___________________________________

SWORN to before me this ______________ day of

_____________________, 200__

_____________________________________________
Notary public​













CERTIFICATION OF COMPLIANCE WITH THE IRAN DIVESTMENT ACT
As a result of the Iran Divestment Act of 2012 (the "Act"), Chapter 1 of the 2012 Laws of New York, a new provision has been added to State Finance Law (SFL) § 165-a and New York General Municipal Law § 103-g, both effective April 12, 2012. Under the Act, the Commissioner of the Office of General Services (OGS) will be developing a list of "persons" who are engaged in "investment activities in Iran" (both are defined terms in the law) (the "Prohibited Entities List"). Pursuant to SFL § 165-a(3)(b), 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 bid in response to this solicitation or by assuming the responsibility of a Contract awarded hereunder, each Bidder/Contractor, any person signing on behalf of any Bidder/Contractor and any assignee or subcontractor and, in the case of a joint bid, each party thereto, certifies, under penalty of perjury, that once the Prohibited Entities List is posted on the OGS website, that to the best of its knowledge and belief, that each Bidder/Contractor and any subcontractor or assignee is not identified on the Prohibited Entities List created pursuant to SFL § 165-a(3)(b).
Additionally, Bidder/Contractor is advised that once the Prohibited Entities List is posted on the OGS Website, any Bidder/Contractor seeking to renew or extend a Contract or assume the responsibility of a Contract awarded in response to this solicitation must certify at the time the Contract is renewed, extended or assigned that it is not included on the Prohibited Entities List.
During the term of the Contract, should the County receive information that a Bidder/Contractor is in violation of the above-referenced certification, the County will offer the person or entity an opportunity to respond. If the person or entity fails to demonstrate that he/she/it has ceased engagement in the investment which is in violation of the Act within 90 days after the determination of such violation, then the County shall take such action as may be appropriate including, but not limited to, imposing sanctions, seeking compliance, recovering damages or declaring the Bidder/Contractor in default.
The County reserves the right to reject any bid or request for assignment for a Bidder/Contractor that appears on the Prohibited Entities List prior to the award of a contract and to pursue a responsibility review with respect to any Bidder/Contractor that is awarded a contract and subsequently appears on the Prohibited Entities List.
_____________________________ being duly sworn, deposes and says that he/she is the __________________________ of the _____________________________________ Corporation and that neither the Bidder/Contractor nor any proposed subcontractor is identified on the Prohibited Entities List.
__________________________________
Signed
Sworn to before me this
_______ day of ________ 20___
____________________________
Notary Public
1
9-14-2016R

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