PROVIDE A MULTI JURISDICTIONAL ALL HAZARD MITIGATION PLAN

Agency: Erie County
State: New York
Type of Government: State & Local
NAICS Category:
  • 541620 - Environmental Consulting Services
  • 541690 - Other Scientific and Technical Consulting Services
Posted Date: May 21, 2020
Due Date: Jun 12, 2020
Bid Source: Please Login to View Page
Contact information: Please Login to View Page
Bid Documents: Please Login to View Page
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ERIE COUNTY DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY SERVICES PROVIDE A MULTI JURISDICTIONAL ALL HAZARD MITIGATION PLAN Friday, June 12, 2020

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ERIE COUNTY

REQUEST FOR PROPOSAL (RFP)

TO PROVIDE A MULTI-JURISDICTIONAL ALL HAZARD MITIGATION PLAN

RFP#: 2020-027VF

May 20, 2020

DEPARTMENT OF HOMELAND SECURITY & EMERGENCY SERVICES

ERIE COUNTY PUBLIC SAFETY CAMPUS

45 ELM STREET

BUFFALO, NEW YORK 14202

COUNTY OF ERIE

REQUEST FOR PROPOSALS


MULTI-JURISDICTIONAL ALL HAZARD MITIGATION PLAN

1. Introduction

Erie County of Erie, New York (“Erie County”) is seeking proposals from qualified firms (“Consultant”) to provide an updated Multi-Jurisdictional All Hazard Mitigation plan (MJHM).

The project will be funded by Erie County fulfilling a Unified Hazard Mitigation Assistance Grant.

Erie County recognizes the potential for disasters to strike critical facilities within Erie County and wishes to have a plan in place before this occurs. Completion and approval of the Hazard Mitigation Plan will also make Erie County eligible to apply for hazard mitigation project grants, further increasing Erie County's ability to plan for and mitigate the effects of hazards.

Identification of hazards and hazard categories will be developed from hazard vulnerability assessments.

2. Background and General Description of the Project

Pursuant to the Disaster Mitigation Act of 2000, 44 CFR §201.6, and Erie County’s standing civil defense mandate, a MJHM is a necessary tool in the planning for and response to potential hazards faced by Erie County and the 44 municipalities within. Additionally, this plan must meet all requisites set forth in the 2017 New York State Hazard Mitigation Planning Standards. Pre-disaster mitigation projects reduce the loss of life and property, human suffering, economic disruption, and disaster assistance costs resulting from natural disasters.

The first MJHM for Erie County was developed in 2004 and as with any disaster mitigation plan, periodic update and refinement is required. Following this methodology, Erie County has updated and will continue to update the MJHM as needed. This iteration of the update shall encompass new or evolving potential threats posed to Erie County.

The purpose of the requested MJHM is to provide an update of the 2015 MJHM that meets the requirements of and is approved by FEMA and New York State Division of Homeland Security and Emergency Services (“DHSES”), so as to ensure that the 45 partners (County, 25 Towns, 16 Villages, and 3 cities) are eligible for future hazard mitigation funding. Partners of this agreement may choose to decline to accept the plan provided they create an approved plan for their municipality.

3. General Information and Requirements

A. Project Overview

Erie County seeks to hire a consultant to develop and prepare a Multi-Jurisdictional Local All Hazard Mitigation Plan update for Erie County of Erie and participating municipalities, which Plan shall be compliant with the criteria set forth in the Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, 42 U.S.C. §5121, et seq. (the “Stafford Act”), as amended by the Disaster Mitigation Act of 2000, Public Law 106-390 (“DMA 2000”), and the requirements set forth under 44 C.F.R. Part 201, §201.6, and other applicable State and Federal requirements, as determined by the Federal Emergency Management Agency (“FEMA”) and New York State Division of Homeland Security and Emergency Services, including but not limited to, FEMA's Local Mitigation Plan Review Guide, the 2017 New York State Hazard Mitigation Planning Standards, and the 2017 New York State Hazard Mitigation Planning Standards Guide.

The DMA 2000 reinforces the importance of mitigation planning both in the pre-disaster and post-disaster stages and emphasizes the need for planning for disasters before they occur. 44 C.F.R. §201.6 requires local governments to have an approved mitigation plan to apply for and/or receive grant funding. For more information, please see Appendix C.

The Plan must also consider future funding requirements under the Repetitive Flood Claims Program (RFC) and the Federal Public Assistance (PA) Program (Section 406).

B. Key Dates

Release of RFP

May 20, 2020

Question and Answer Due Date

May 27, 2020

Questions and Answers Response Posted

June 05, 2020

Proposals Due by (3:00pm EST)

June 12, 2020

Proposal Opening

June 19, 2020

Departmental Approval

June 24, 2020

County Legislature Submission

July 02, 2020

County Legislature Approval (expected)

July 23, 2020

Contract Award

July 31, 2020

Initial Planning Session

August 12, 2020

C. Registration

All firms wishing to participate in this process must register with Deputy Commissioner Gregory Butcher, Erie County Department of Homeland Security & Emergency Services- Emergency Preparedness at gregory.butcher@erie.gov. All further information including addendums and contact from Erie County will be sent electronically.

D. Abbreviations/Acronyms

CEO: Chief Executive Officer

DHS: U.S. Department of Homeland Security

DHSES: New York State Department of Homeland Security & Emergency Services

EC-DPW: Erie County Department of Public Works

EC-ESU: Erie County Department of Homeland Security & Emergency Services

FEMA: Federal Emergency Management Agency

MJHM: Multi-Jurisdictional All-Hazards Mitigation Plan

PITD: Portable Information Transfer Device (e.g. Flash drive or cd-rom)

ZEO: Zoning Enforcement Officer

E. Acceptable Portable Information Transfer Devices

• CD-Rom

• DVD

• USB 2.0 removable device

• USB 3.0 removable device

4. Submission of Proposals

A. Sealed proposals must be received no later than 3:00pm EST on June 12, 2020 by:

Erie County Department of Homeland Security & Emergency Services

Attn: Daniel Neaverth

45 Elm Street

Buffalo, NY 14202

Submissions by e-mail or fax will not be accepted. The RFP Issuer will reject proposals received after the date and time noted above. All proposals must be sent to Erie County of Erie as noted above. One (1) original, six (6) copies and one (1) electronic copy in PDF format on a PITD of all proposal documents and must be submitted in sealed envelopes clearly labeled with the proposer’s name, the proposer’s address, the words "PROPOSAL DOCUMENTS." Proposals may be withdrawn personally or in writing provided that Erie County of Erie, the RFP Issuer, receives the withdrawal request prior to the time and date the proposals are scheduled to be opened. Proposals are considered valid, and may not be withdrawn, cancelled or modified, for one hundred twenty (120) days after the opening date, to give the RFP Issuer sufficient time to review the proposals, investigate the proposers' qualifications, secure any required municipal approvals, and execute an agreement with the successful proposer. An authorized person representing the legal entity of the proposer must sign the Proposal Form and all other forms included in this RFP.

B. There is no restriction on the length if a proposal; however, respondents are encouraged to be as concise as possible.

C. Proposers MUST sign the Proposal Certification attached hereto as Schedule “A”. Unsigned proposals will be rejected.

D. Erie County does not assume the responsibility or liability for costs incurred by firms responding to this RFP or to any subsequent requests for interviews, additional information, submissions, etc. prior to issuance of a contract.

E. All firms wishing to participate in this process must register with Deputy Commissioner Gregory Butcher, Erie County Department of Homeland Security & Emergency Services- Emergency Preparedness at gregory.butcher@erie.gov. All further information including addendums and contact from Erie County will be sent electronically.

F. Any requests for RFP interpretations shall be made by May 27, 2020 through e-mail to gregory.butcher@erie.gov. No requests for oral interpretations via telephone will be accepted. A single response to all questions will be made as outlined in the schedule. NO COMMUNICATIONS OF ANY KIND WILL BE BINDING AGAINST ERIE COUNTY, EXCEPT FOR THE FORMAL WRITTEN RESPONSES TO ANY REQUEST FOR CLARIFICATION.

G. All consultants should understand that Erie County is committed to an open, fair and transparent selection process. All RFP submissions will be reviewed, objectively scored and ranked. Short listed firms will be interviewed prior to recommendation for selection.

H. The highest-ranking firm after scoring and interviews will be recommended to the Erie County Legislature for authorization to enter into contract. Scores and ranking of all firms will be provided to the Legislature and the results will at that time become public record.

I. Proposing firms should understand that to provide for this open and transparent process, more time will be required. The timeframe from advertisement to contract execution may be up to five months. Consultants should consider this when scheduling staff time and anticipating project commencement.

J. Firms are encouraged to include Certified Minority and Women Owned Business Enterprises (MBE/WBE) in their teams in order to meet Erie County’s goals of 15% MBE and 5% WBE participation. Certified MBE/WBE proposers should include the Erie County certification letter with the proposal.

K. If proposer is a Veteran Owned Business, proposer should include letter indicating company is 51% or more Veteran-owned.

L. ADDITIONAL INFORMATION

a. Rights Reserved

Erie County reserves the right to ask any proposer to clarify its proposal or to submit additional information that the RFP Issuer in its sole discretion deems desirable. ERIE COUNTY FURTHER RESERVES THE RIGHT TO REJECT ANY OR ALL PROPOSALS AND TO WAIVE ANY INFORMALITIES THEREIN.

b. Cost for Preparing Proposal

Each proposer’s costs incurred in developing its proposal are its sole responsibility, and the RFP Issuer shall have no liability for such cost.

c. Ownership of Proposals

All proposals submitted become the RFP Issuer’s property and will not be returned to the proposers.


5. Stakeholders

• U.S. Government

o Federal Emergency Management Agency

o U.S. Army Corps of Engineers, Buffalo District

o National Weather Service

• New York State

o Department of Homeland Security and Emergency Services

o Department of Environmental Conservation

o Department of Transportation

• Niagara Frontier Transit Authority

• Erie County

o Residents

o Businesses

o Department of Homeland Security and Emergency Services

o Department of Environment and Planning

o Department of Social Services

o Department of Public Works

• Erie Municipalities

o

Akron, Village of

Alden, Town of

Alden, Village of

Amherst, Town of

Angola, Village of

Aurora, Town of

Blasdell, Village of

Boston, Town of

Brant, Town of

Buffalo, City of

Cheektowaga, Town of

Clarence, Town of

Colden, Town of

Collins, Town of

Concord, Town of

Depew, Village of

East Aurora, Village of

Eden, Town of

Elma, Town of

Evans, Town of

Farnham, Village of

Gowanda, Village of

Grand Island, Town of

Hamburg, Town of

Hamburg, Village of

Holland, Town of

Kenmore, Village of

Lackawanna, City of

Lancaster, Town of

Lancaster, Village of Marilla, Town of

Newstead, Town of

North Collins, Town of

North Collins, Village of

Orchard Park, Town of

Orchard Park, Village of

Sardinia, Town of

Sloan, Village of

Springville, Village of

Tonawanda, City of

Tonawanda, Town of

Wales, Town of

West Seneca, Town of

Williamsville, Village of

• Erie County Disaster Preparedness Advisory Board

• Erie County Local Emergency Planning Committee

• American Red Cross

• National Grid

• NYSEG


6. Scope of Work

The following is a description of the Services to be performed and completed by the successful Proposer:

1. Qualifications
The Consultant should be familiar with and demonstrate aptitude and experience in All Hazard mitigation planning and include the following:

a. Producing plans that are approved, adopted, and implemented per 44 CFR and FEMA mitigation planning guidance

b. Producing plans that meet all requirements listed in the 2017 New York State Hazard mitigation Planning Standards

c. Conducting public meetings and providing a written summary of such meetings

d. Ability to conduct survey research, data analysis, and historical research

e. Have access to appropriate hazard mitigation and risk analysis software

f. Understanding of Federal and New York State environmental laws and regulations affecting hazard mitigation techniques including but not limited to Environmental and Historic Preservation requirements

g. Understanding of regulatory permitting and procedures of FEMA, NYS Division of Homeland Security and Emergency Services (DHSES), the U.S. Army Corps of Engineers (ACE), and the NYS Department of Environmental Conservation (DEC) for performing hazard mitigation techniques

h. Local land use policies, including but not limited to zoning and flood control ordinances allowed under NYS General Municipal law, City Law, Town Law, and Village Law

i. Habitat-sensitive mitigation techniques

j. Acquisition of hazard-prone property and/or conversion to open space

k. Vegetative management and soil stabilization

l. Infrastructure protection

m. Storm water management

n. Green and Gray Infrastructure Projects

o. Design of minor structural storm water and flood control projects, including shoreline stabilization

p. Ability to identify projects eligible for FEMA's Unified Hazard Mitigation Assistance (HMA) programs on a priority basis (short term, long term)

q. NYS Environmental Quality Review Act (SEQRA) as it pertains to All Hazard mitigation planning and the adoption of a All Hazard mitigation plan

r. Rehabilitation of High Hazard Dam Program (HHPD)

s. Disaster Recovery and Resiliency Act (DRRA)

2. Project Initiation

a. The Consultant shall meet with the Steering Committee (County Staff and additional stakeholders) to discuss the project scope.

b. The Consultant shall become familiar with all necessary documents, agreements and regulations relevant to the project.

c. The Consultant shall organize progress meetings with all involved parties (including Steering Committee).

d. The Consultant shall perform all work necessary to meet the project timeline as outlined in the project schedule.

e. The Consultant must understand that meetings with the Steering Committee (some potentially in-person in Buffalo, NY) will be required.

3. Project Prerequisites

a. The Consultant will work with the Planning Committee and the jurisdictions to ensure that the Plan will include documentation of the planning process and the plan has been formally adopted by each of the governing bodies. Each municipal body should formally approve their involvement in the Planning process at the beginning of the project and formally adopt the Plan at the end of the process.

b. The Consultant will assist in an open public involvement process in the formation of a plan. This includes opportunities for the public to comment on the plan at all stages of its formation, and the involvement of any neighboring communities, interested agencies, or private and non-profit organizations. At least two public meetings must be scheduled, one at the beginning of the process to describe the process and get feedback, and one near the end of the process to describe the risk assessment and mitigation strategies and to get input. The project team will also assist in development of news releases as well as the facilitation of the appropriate web site for information dissemination, and will be present at all associated meetings and events.

c. There will be a review of any existing plans or studies and incorporation of these if appropriate. County and municipal partners will be asked to supply existing plans and studies. EC-ESU shall assist in this task.

d. There will be a review of local, state and federal regulations associated with hazards.

e. The planning process will be documented and included in the Plan, including how the plan was prepared, who was involved in the process, and how the public was involved.

f. Work/meet with municipal and county representatives such as building officials, CEOs, ZEOs, floodplain coordinator/ordinance (NFIP/CRS), planners (land use/zoning/comp plan), Public Works/DPW, Highway Superintendent, Emergency Management personnel, Public Safety, and Hazard Coordinator.

4. Plan Included Data
Data and information that should be acquired or developed for the plan, includes but is not limited to:

• Hazard Identification and Risk Assessment (HIRA) Assessment tool - a municipal assessment tool for use with key municipal and county staffs and volunteers which assists with identifying and profiling hazards

• Real property tax parcels/centroids, and data base

• County and municipal boundaries

• Surface water

• Roads, railroads, and other transportation infrastructure

• Identification and location of critical facilities

• Chemical and petroleum bulk storage

• Socio-economic and demographic data (population, housing and socio-economic characteristics)

• Floodplains and base flood elevations

• Dams

• Levees

• Delineations of specific hazard areas based on hazard assessment

• Land use

• Zoning

• Infrastructure and critical infrastructure

• Land use regulation and control documents

• Emergency management plans

• Relevant county and local plans

• Aerial photography

• Historical analysis of hazards

• Sources of hazards

• Federal, state and local regulations associated with hazards

5. Project Meetings

a. The consultant must be prepared to conduct meetings with the steering committee monthly over the project timeline.

b. At least Two (2) Public Information Meetings will be required prior to project completion. To maximize stakeholder participation, both meetings must be held after 5pm EST.

c. Additional meetings at the discretion of the consultant will be coordinated with the steering committee.

6. Reports
A single PITD may be submitted for the draft or final report submission encompassing all necessary files.

a. Draft plan report must be submitted by July 1, 2021

i. Draft report submission:

1. Three (3) color hard copies of the draft executive summary and pdf version of the report on PITD

2. Three (3) color hard copies of the draft plan and pdf version of the report on PITD

3. One (1) black and white Jurisdictional Annex for each of the 44 municipalities

b. Final plan report must be submitted by January 14, 2022

i. Final report submission:

1. Five (5) color hard copies of the final executive summary and pdf version of the report on PITD

2. Fifty (50) color hard copies of the final plan and pdf version of the report on PITD

3. One (1) black and white Jurisdictional Annex for each of the 44 municipalities

4. One set of each Size E (34”x 44”) final color maps of each map filed within plan.

5. Separate PDF version of each map on PITD.

6. Any additional generated GIS information on the PITD in ESRI shapefile format

ii. Final report format:
Final report must include of following sections (not specifically in listed order) and any additional sections as deemed necessary

1. Introduction

2. Explanation of Process\Methodology

3. Identification of Potential hazards

4. Risk Assessments

a. Identifying Hazards

b. Profiling Hazard Events

c. Assessing Vulnerability: Identifying Assets

d. Assessing Vulnerability: Estimating Potential Losses

e. Assessing Vulnerability: Analyzing Development Trends

5. Capabilities and Resources

6. Mitigation Strategy and Goals

7. Alternative Mitigation Considerations

8. Action Item Evaluation and Prioritization

9. Plan Maintenance

7. Proposal Structure

In order for Erie County to conduct a uniform review process of all proposals, proposals must be submitted in the format set forth below. Failure to follow this format, without consent of Erie County, may be cause for rejection of a proposal as this format is critical to Erie County’s evaluation process.

Proposal Section 1: Executive Summary

This section must contain a brief outline of the proposal.

Proposal Section 2: Company Profile

This section must address the Consultant’s qualifications and experience to carry out the requested service, inclusive of, but not limited to, qualification to do business in the State of New York, the number of years in business office locations, etc.

Proposal Section 3: Project Approach

This section must address:

• This section will be used for carrying out all aspects of the project.

• Proposed quality control procedures that will be utilized to check out the accuracy of work.

• Proposed education and marketing tools to promote the plan to out target market of Erie County and municipalities.

Proposal Section 4: Project References/Project History

Proposers shall submit with their proposal a listing of a minimum of three detailed references and a list of similar projects for the previous three years that can attest to the bidder’s qualifications to do the work called for in this project. References should be recent clients of bidder. Reference information should contain at minimum the following information:

• Firm name

• Firm address

• Contact person phone and email

• Project Title/Project Location

• Brief description of goals

• Checklist of goals

Proposal Section 5: Project Management Team

This section must describe the assigned team for the project as well as the resumes of key staff personnel. Included in this section should be a projection of hours intended to be spent on this project by each team member. The team allocated to the project may not be removed from the assignment without prior written consent of Erie County.

Proposal Section 6: Cost

The section must include the cost associated with the consultant’s plan to carry out the requested services.

Proposal Section 7: Presentation Workload

The Consultant shall include in the technical proposal an outline of the workload by project of the proposed staff to be involved in the project. Each such project shall be identified by name percentage of work time taken by the project, and completion deadline.

Proposal Section 8: Schedule

This section must include a schedule identifying all the major milestones of the work plan and the deliverables identified in the RFP

Proposal Section 9: Additional Documents

This section must include any other material the Consultant would like Erie County to consider when evaluating your proposal.

8. Statement of Rights

UNDERSTANDINGS

Please take notice, by submission of a proposal in response to this request for proposals, the proposer agrees to and understands:

• that any proposal, attachments, additional information, etc. submitted pursuant to this Request for Proposals constitute merely a suggestion to negotiate with Erie County of Erie and is not a bid under Section 103 of the New York State General Municipal Law;

• submission of a proposal, attachments, and additional information shall not entitle the proposer to enter into an agreement with Erie County of Erie for the required services;

• by submitting a proposal, the proposer agrees and understands that Erie County of Erie is not obligated to respond to the proposal, nor is it legally bound in any manner whatsoever by submission of same;

• that any and all counter-proposals, negotiations or any communications received by a proposing entity, its officers, employees or agents from Erie County, its elected officials, officers, employees or agents, shall not be binding against Erie County of Erie, its elected officials, officers, employees or agents unless and until a formal written agreement for the services sought by this RFP is duly executed by both parties and approved by the Erie County Legislature, the Erie County Fiscal Stability Authority, and the Office of the Erie County Attorney.

• In addition to the foregoing, by submitting a proposal, the proposer also understands and agrees that Erie County of Erie reserves the right, and may at its sole discretion exercise, the following rights and options with respect to this Request for Proposals:

o To reject any or all proposals;

o To issue amendments to this RFP;

o To issue additional solicitations for proposals

o To waive any irregularities in proposals received after notification to proposers affected;

o To select any proposal as the basis for negotiations of a contract, and to negotiate with one or more of the proposers for amendments or other modifications to their proposals;

o To conduct investigations with respect to the qualifications of each proposer;

o To exercise its discretion and apply its judgment with respect to any aspect of this RFP, the evaluation of proposals, and the negotiations and award of any contract;

o To enter into an agreement for only portions (or not to enter into an agreement for any) of the services contemplated by the proposals with one or more of the proposers;

o To select the proposal that best satisfies the interests of Erie County and not necessarily on the basis of price or any other single factor;

o To interview the proposer(s);

o To request or obtain additional information Erie County deems necessary to determine the ability of the proposer;

o To modify dates;

• All proposals prepared in response to this RFP are at the sole expense of the proposer, and with the express understanding that there will be no claim, whatsoever, for reimbursement from Erie County for the expenses of preparation. Erie County assumes no responsibility or liability of any kind for costs incurred in the preparation or submission of any proposal;

• While this is a RFP and not a bid, Erie County reserves the right to apply the case law under General Municipal Law § 103 regarding bidder responsibility in determining whether a proposer is a responsible vendor for the purpose of this RFP process; and

• Erie County is not responsible for any internal or external delivery delays which may cause any proposal to arrive beyond the stated deadline. To be considered, proposals MUST arrive at the place specified herein and be time stamped prior to the deadline.

Contract

After selection of the successful proposer, a formal written contract will be prepared by Erie County of Erie and will not be binding until signed by both parties and, if necessary, approved by the Erie County Legislature, the Erie County Fiscal Stability Authority and the Office of Erie County Attorney. NO RIGHTS SHALL ACCRUE TO ANY PROPOSER BY THE FACT THAT A PROPOSAL HAS BEEN SELECTED BY ERIE COUNTY FOR SUBMISSION TO THE ERIE COUNTY LEGISLATURE AND/OR THE ERIE COUNTY FISCAL STABILITY AUTHORITY FOR APPROVAL. THE APPROVAL OF SAID LEGISLATURE AND/OR AUTHORITY MAY BE NECESSARY BEFORE A VALID AND BINDING CONTRACT MAY BE EXECUTED BY ERIE COUNTY.

The term of the contract shall be for a One (1) year period commencing __________, 20__ and terminating __________________, 20__ Erie County, in its sole discretion may extend the agreement beyond is initial term for up to two (2) additional year periods at the same prices and conditions.

Indemnification and Insurance

The proposer accepts and agrees that language in substantially the following form will be included in the contract between the proposer and Erie County:

“In addition to, and not in limitation of the insurance requirements contained herein the Consultant agrees:

(a) that except for the amount, if any, of damage contributed to, caused by or resulting from the negligence of Erie County, the Consultant shall indemnify and hold harmless Erie County, its officers, employees and agents from and against any and all liability, damage, claims, demands, costs, judgments, fees, attorneys' fees or loss arising directly or indirectly out of the acts or omissions hereunder by the Consultant or third parties under the direction or control of the Consultant; and

(b) to provide defense for and defend, at its sole expense, any and all claims, demands or causes of action directly or indirectly arising out of this Agreement and to bear all other costs and expenses related thereto. Upon execution of any contract between the proposer and Erie County, the proposer will be required to provide proof of the insurance coverage described in Schedule “B”. Insurance coverage in amount and form shall not be deemed acceptable until approved by Erie County Attorney.

Intellectual Property Rights

The proposer accepts and agrees that language in substantially the following form will be included in the contract between the proposer and Erie County:

All deliverables created under this Agreement by the Consultant are to be considered “works made for hire”. If any of the deliverables do not qualify as “works made for hire”, the Consultant hereby assigns to Erie County all right, title and interest (including ownership of copyright) in such deliverables and such assignment allows Erie County to obtain in its name copyrights, registrations and similar protections which may be available. The Consultant agrees to assist Erie County, if required, in perfecting these rights. The Consultant shall provide Erie County with at least one copy of each deliverable.

The Consultant agrees to indemnify and hold harmless Erie County for all damages, liabilities, losses and expenses arising out of any claim that a deliverable infringes upon an intellectual property right of a third party. If such a claim is made, or appears likely to be made, the Consultant agrees to enable Erie County’s continued use of the deliverable, or to modify or replace it. If Erie County determines that none of these alternatives is reasonably available, the deliverable will be returned.

All records compiled by the Consultant in completing the work described in this Agreement, including but not limited to written reports, source codes, studies, drawings, blueprints, negatives of photographs, computer printouts, graphs, charts, plans, specifications and all other similar recorded data, shall become and remain the property of Erie County. The Consultant may retain copies of such records for its own use.

Non-Collusion

The proposer, by signing the proposal, does hereby warrant and represent that any ensuing agreement has not been solicited, secured or prepared directly or indirectly, in a manner contrary to the laws of the State of New York and Erie County of Erie, and that said laws have not been violated and shall not be violated as they relate to the procurement or the performance of the agreement by any conduct, including the paying or the giving of any fee, commission, compensation, gift, gratuity or consideration of any kind, directly or indirectly, to any County employee, officer or official.

Conflict of Interest

All proposers must disclose with their proposals the name of any officer, director or agent who is also an employee of Erie County of Erie. Further, all proposers must disclose the name of any County employee who owns, directly or indirectly, an interest of ten percent or more in the firm or any of its subsidiaries or affiliates.

There shall be no conflicts in existence during the term of any contract with Erie County. The existence of a conflict shall be grounds for termination of a contract.

Compliance with Laws

By submitting a proposal, the proposer represents and warrants that it is familiar with all federal, state and local laws and regulations and will conform to said laws and regulations. The preparation of proposals, selection of proposers and the award of contracts are subject to provisions of all Federal, State and County laws, rules and regulations.

Compliance with Laws

The New York State Freedom of Information Law as set forth in Public Officers Law, Article 6, Sections 84 et seq., mandates public access to government records. However, proposals submitted in response to this RFP may contain technical, financial background or other data, public disclosure of which could cause substantial injury to the proposer's competitive position or constitute a trade secret. Proposers who have a good faith belief that information submitted in their proposals is protected from disclosure under the New York Freedom of Information Law shall:

a) insert the following notice in the front of its proposal:

“NOTICE”

The data on pages ___ of this proposal identified by an asterisk (*) contains technical or financial information constituting trade secrets or information the disclosure of which would result in substantial injury to the proposer’s competitive position.

The proposer requests that such information be used only for the evaluation of the proposal, but understands that any disclosure will be limited to the extent that Erie County considers proper under the law. If Erie County enters into an agreement with this proposer, Erie County shall have the right to use or disclose such information as provided in the agreement, unless otherwise obligated by law.”

and

b) clearly identify the pages of the proposals containing such information by typing in bold face on the top of each page " * THE PROPOSER BELIEVES THAT THIS INFORMATION IS PROTECTED FROM DISCLOSURE UNDER THE STATE FREEDOM OF INFORMATION LAW."

Erie County assumes no liability for disclosure of information so identified, provided that Erie County has made a good faith legal determination that the information is not protected from disclosure under applicable law or where disclosure is required to comply with an order or judgment of a court of competent jurisdiction.

The contents of the proposal which is accepted by Erie County, except portions "Protected from Disclosure", may become part of any agreement resulting from this RFP.

Equal Pay Certification

During the term of this Contract, the Consultant shall comply with Executive Order13 (2014), and the Consultant shall make such records available, upon request, to Erie County’s Division of Equal Employment Opportunity for review. Erie County shall have the right, upon reasonable notice and at reasonable times, to inspect the books and records of the Consultant, its offices and facilities, for the purpose of verifying information supplied in the Erie County Equal Pay Certification (Schedule “C”) and for any other purpose reasonably related to confirming the Consultant’s compliance with Erie County Executive Order No. 13 (2014). Violation of the provisions of Executive Order 13 (2014), which is attached hereto and made a part hereof, can constitute grounds for the immediate termination of this contract and may constitute grounds for determining that a bidder is not qualified to participate in future county contracts.

EFFECTIVE PERIOD OF PROPOSALS

All proposals must state the period for which the proposal shall remain in effect (i.e. how much time does Erie County have to accept or reject the proposal under the terms proposed). Such period shall not be less than 120 days from the proposal date.

9. Appendices

A: Proposer Certificate

B: Standard insurance Provisions

C: Equal Pay Certification

D: MBE\WBE Certification

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See Also

Issue Date: 07/07/2020 Contract Number: 61462 Request for Proposals for The Performance of

The New York State Contract Reporter

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Governor's Office of Strom Recovery Congregation Kneseth Israel Storm Hardening and Hazardous Material

State Government of New York

Bid Due: 7/23/2020

Issue Date: 06/24/2020 Contract Number: 20209 HERBICIDE APPLICATIONS FOR WEED CONTROL AND PREVENTION

The New York State Contract Reporter

Bid Due: 7/22/2020

Issue Date: 06/25/2020 Contract Number: X011961 Cattaraugus RA # 5, McCarty Hill S.F.,

The New York State Contract Reporter

Bid Due: 8/13/2020