request for proposal (rfp) - hempstead ps · a. establish and document project requirements ... the...
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HEMPSTEAD UNION FREE SCHOOL DISTRICT
OFFICE OF BUSINESS AND OPERATIONS
REQUEST FOR PROPOSAL (RFP) for
Consultation Services:
State Government Liaison
and
Owner’s Representative for Construction of New School Buildings
Opening Date: Thursday, March 13, 2014
Time: 3:00 p.m.
Location: Hempstead UFSD
Business Office
185 Peninsula Blvd
Hempstead, NY 11550
TABLE OF CONTENTS
A. Introduction ........................................................................................................................... 3
B. Proposal Schedule ................................................................................................................. 3
C. Scope of Services ................................................................................................................... 4
I. GOVERNMENT LIAISON SERVICES ........................................................................ 4
II. OWNER’S REPRESENTATIVE SCOPE OF SERVICES: .................................... 4
1) SITE ACQUISITION PHASE ..................................................................................... 5
2) PRE-CONSTRUCTION PHASE ................................................................................ 5
A. Establish and Document Project Requirements. ......................................................... 5
B. Design Team Management; Construction Team Selection and Management ............ 5
C. Project Management and Controls. ............................................................................. 6
D. Project Budget ............................................................................................................. 8
3) CONSTRUCTION PHASE ......................................................................................... 8
A. Project Management & Controls ................................................................................ 8
4) PROJECT CLOSEOUT ............................................................................................. 10
A. Substantial Completion ............................................................................................. 10
B. Final Completion ...................................................................................................... 11
D. Contract Term ..................................................................................................................... 11
E. Mandatory Items to be included in Proposal Responses (Requirements) ..................... 11
F. Submission Instructions ..................................................................................................... 12
G. Criteria for Evaluating RFP Responses ........................................................................ 14
H. General Information. ...................................................................................................... 15
1. Incurring Cost. ................................................................................................................ 15
2. Rejection of Proposals. ................................................................................................... 15
3. Addenda to Request for Proposals. ............................................................................... 16
4. Contract Negotiations. .................................................................................................... 16
5. No guarantee of Work even if awarded a Contract. .................................................... 16
6. Additional Information. ................................................................................................. 16
7. Disclosure of proposal contents. .................................................................................... 16
8. Independent Price Determination. ................................................................................ 17
9. Ownership of Information: ............................................................................................ 17
10. Examination of Records: ............................................................................................ 17
11. Subcontracting: ........................................................................................................... 17
12. Negotiated Changes: ................................................................................................... 18
13. Disclaimer: ................................................................................................................... 18
I. General Conditions for Applicants.................................................................................... 18
J. Additional Demonstrative Materials. ................................................................................ 19
K. Award of Contract. ......................................................................................................... 19
L. No guarantee of Work even if awarded a Contract. ........................................................ 19
M. Protest Policy. .................................................................................................................. 20
APPENDIX A .............................................................................................................................. 21
COST PROPOSAL CERTIFICATION ........................................................................................ 21
1. General Bid Certification ............................................................................................... 21
2. Proposed Cost Breakdown ............................................................................................. 21
3. State Law Compliance: Non-Collusive Bidding Certification ................................... 21
4. The District’s Anti-Collusion Certification .................................................................. 22
APPENDIX B .............................................................................................................................. 23
PROGRAM DESCRIPTION AND STAFFING .......................................................................... 23
APPENDIX C .............................................................................................................................. 24
BUSINESS HISTORY FORM ..................................................................................................... 24
APPENDIX D .............................................................................................................................. 31
PRINCIPAL QUESIONNAIRE FORM ....................................................................................... 31
APPENDIX E .............................................................................................................................. 36
STANDARD CONTRACT CLAUSES ....................................................................................... 36
1. Independent Contractor. ................................................................................................ 36
2. No Arrears, No Default, No Prior Litigation with the District. .................................. 36
3. Compliance With Law. ................................................................................................... 36
4. Minimum Service Standards. ........................................................................................ 37
5. Indemnification; Defense; Cooperation. ....................................................................... 37
6. Insurance. ........................................................................................................................ 38
7. Assignment; Amendment; Waiver; Subcontracting.................................................... 39
8. Termination. .................................................................................................................... 39
9. Accounting Procedures; Records. ................................................................................. 40
10. Limitations on Actions and Special Proceedings Against the District. .................. 40
11. Consent to Jurisdiction and Venue; Governing Law. ............................................. 40
12. All Legal Provisions Deemed Included; Severability; Supremacy; Construction. 41
13. Executory Clause. ....................................................................................................... 41
EXHIBIT F .................................................................................................................................. 42
EQUAL EMPLOYMENT OPPORTUNITIES FOR MINORITIES AND WOMEN ................. 42
APPENDIX G .............................................................................................................................. 46
CERTIFICATE OF COMPLIANCE WITH NASSAU COUNTY LIVING WAGE LAW ........ 46
APPENDIX H .............................................................................................................................. 48
IRAN DIVESTMENT ACT COMPLIANCE RIDER FOR SCHOOL DISTRICTS .................. 48
APPENDIX I ............................................................................................................................... 50
CONSULTANT INSURANCE REQUIREMENTS .................................................................................... 50
APPENDIX J ............................................................................................................................... 52
FINANCIAL STATEMENT OF THE APPLICANT .................................................................. 52
APPENDIX K .............................................................................................................................. 53
ACKNOWLEDGMENT OF FREEDOM OF INFORMATION LAW DISCLOSURE ............. 53
APPENDIX L .............................................................................................................................. 54
ACKNOWLEDGMENT OF DISTRICT’S RIGHT TO REJECT REQUESTS FOR PROPOSAL
....................................................................................................................................................... 54
APPENDIX M ............................................................................................................................. 55
TERM OF CONTRACT & EARLY TERMINATION................................................................ 55
APPENDIX N .............................................................................................................................. 56
SIGNATURE PAGE .................................................................................................................... 56
A. Introduction
The Hempstead Union Free School District (hereafter, “District”) is requesting proposals
from qualified interested persons (hereafter, alternatively, the “Applicants” or “Bidders” or
“Proposers”) to provide consulting services to (1) serve as the District’s Government Liaison to
help the District obtain funding from New York State government sources, consisting of grants
for the construction of new school buildings within the District, and if the District is successful
in obtaining such funding, then thereafter to provide updates and to maintain liaison contacts
with New York State government concerning the progress made by the District in constructing
such new school buildings; and (2) serve as the District’s Owner’s Representative during the
construction resulting therefrom.
The District is committed to a policy of equal opportunity and does not discriminate
against vendors on the basis of age, sex, sexual orientation, race, color, creed, religion, ethnicity,
national origin, disability, marital status, familial status, veteran status or any other basis
protected under federal, state, and local laws, regulations and ordinances.
B. Proposal Schedule
RFP Issue Date February 28, 2014
RFP Packet Pick up/Download date March 5, 2014 after 2:00p.m.
Proposal Due Date & Time March 13, 2014 at 3:00p.m.
Open Date & Time March 13, 2014 at 3:00p.m
Award Date On or about March 14, 2014
To be considered, proposals must be submitted no later than 3:00 p.m., on Thursday, March 13,
2014. All RFP Responses shall be opened at 3:00 p.m. on Thursday, March 13, 2014. Late
proposals will not be considered.
Please submit proposals to: Hempstead Union Free School District
Business Office
185 Peninsula Blvd
Hempstead, NY 11550
If there are any questions regarding the project and the Government Liaison and Owner’s
Representative services Request for Proposal, you may contact either: (1) Patricia Wright,
District Clerk, at the Hempstead Union Free School District, by telephone, at 516-292-7111, ext
1130, or by email: [email protected]; or (2) Robert Cialone, Purchasing Agent,
at the Hempstead Union Free School District, by telephone, at 516-292-7111, ext 1113, or by
email: [email protected] (hereafter, each, an “Authorized Contact Person”).
Telephone calls will be entertained only until Thursday, March 12, 2014, at 3:00 p.m.; after the
submission deadline, and until such time as an award (awards) has (have) been made, all
questions must be submitted by email only.
After the submission deadline, and until such time as an award (awards) has (have) been
made, no contact with any District personnel, other than one of the Authorized Contact Person, is
allowed regarding this RFP, and with respect to such communication, only inquiries as to the
status of the RFP (whether an award had been issued yet) is appropriate. Violation of this
provision may be grounds for immediate disqualification.
The applicant should provide a proposal in Appendix B which meets the scope
requirements set forth below.
C. Scope of Services
The Scope of Services (hereafter, “Scope”) outlined below has been established for the
purpose of achieving and implementing program goals and objectives described in this
document. Although the Scope is intended to serve as a reference in the preparation of the
proposal, forthcoming proposals may offer additional services that support the goals of this job
title and compensation, for the District’s review and analysis.
I. GOVERNMENT LIAISON SERVICES
1. Attend meetings of the District’s Board of Education (hereafter, the “BOE”) to
provide guidance regarding required resolutions related to the obtaining of funds
from NYS Government for the construction of new school buildings, and to obtain
data and information from the BOE, concerning growing student population, student
programs and special concerns of the District to better serve the students;
2. Attend meetings with the District’s Superintendent of Schools (hereafter, the
“Superintendent”) to promote the objectives established by the BOE consistent with
item #1 above;
3. Give general advice and assistance to members of the BOE, as well as the
Superintendent, with respect to obtaining funds from NYS Government for the
construction of new school buildings, including the development of the budget,
selection of design, personnel, and coordinating with NYS Government oversight
agencies;
4. Meet with State officials to help the District secure grant monies, as well as formula
assistance, as well as other State funds for school construction from the State
Legislature;
5. Facilitate meetings between State officials and school officials (the BOE and/or the
Superintendent) on an as-needed basis to gain insight on the needs of the District and
the needs of the community (parents and students) served by the District;
II. OWNER’S REPRESENTATIVE SCOPE OF SERVICES:
The Owner’s Representative firm shall be The District’s agent, consultant, advisor, and
authorized representative through all phases of the project through completion and occupancy. Owner’s
Representative services are to be provided during the following phases, which are described in further
detail herein:
Site Acquisition
Preconstruction Phase
Bidding/Award Phase
Construction Phase
Closeout Phase
While the scope may vary during the course of the project, at a minimum it is expected
that the following be required:
1) SITE ACQUISITION PHASE
A. View alternative properties and work with The District leadership to
determine appropriate offer price and bidding strategies
B. Participate in negotiation process
2) PRE-CONSTRUCTION PHASE
A. Establish and Document Project Requirements.
a. Meet with team members to establish and document Project
Requirements ensuring a complete understanding of the Owner’s
short and long-term objectives and requirements
i. Establish key milestones schedule and project strategy.
ii. Site and project logistics requirement
iii. Project quality requirements
iv. First-Cost vs. Operating Cost priorities
v. Project Target Budget
b. Attend and chair project team meetings bi-weekly (at a minimum,
more if required), including detailed preparation of agenda and
minutes.
B. Design Team Management; Construction Team Selection and
Management
a. Review design documents during development for constructability,
coordination, completeness and value. Provide a written
constructability analysis report with recommendations to the Owner
and Architect at the completion of design development and
construction documents phases.
b. Provide a comprehensive construction cost estimate at the
completion of the Design Development phase and Construction
Drawing phase. Make recommendation to the Owner if the estimated
costs exceed the Owner’s budget.
c. Prepare a value engineering report including recommendations to
enhance the design effort at the completion of design development
phase evaluating alternative materials and systems.
d. Analyze the project requirements and develop a site logistics and
phasing plan to allow for construction activities.
e. Assist the architect with issuance of a construction bid packages,
summary of work, phasing, general condition, etc.
f. Generate list of local qualified contractors and assist the architect
with responses to contractor’s questions.
g. Develop a list of additional consultants that may be needed for the
project and review with Owner. Assist with hiring consultants
including writing RFP and managing bid/selection process including
advising on process, analyzing proposals, assisting with negotiations,
reviewing draft of standard agreements.
h. Develop a Request for Proposal for a Construction Manager
(hereafter, the “CM”) consistent with this project’s requirements,
conduct pre-bid conferences and solicit responses from three of more
qualified CM firms.
i. Assist Owner in the award of the contract and negotiation of
appropriate terms in the CM agreement with the selected contractor.
j. Develop a Request for Proposal for a General Contractor (hereafter,
the “GC”) consistent with this project’s requirements, conduct pre-
bid conferences and solicit responses from three of more qualified
GC firms.
k. Provide a complete analysis of the proposing GCs’ RFP responses
including the development of direct comparisons and
recommendations.
l. Assist Owner in the award of the contract and negotiation of
appropriate terms in the GC agreement with the selected contractor.
m. Assist the CM and GC in developing qualification criteria and
recommending qualified sub-contractors to bid and assist in
developing and managing the sub-contractor RFP Process.
C. Project Management and Controls.
a. Establish and implement the appropriate financial and administrative
controls for the remaining portions of the design phase of the project.
b. Monitor the design process including incorporation of program
requirements into the design, monitor probes and investigations in
behalf to the Owner and assist in the dissemination of information to
consultants for their incorporation into the design.
c. Assist Owner’s local counsel and all consultants.
d. Attend meetings with public agencies and assist in obtaining permits,
approvals, and other authorizations necessary for the development,
construction and operation of the project.
e. Work with CM and GC to prepare a Project Schedule, incorporating
pre-construction and proposed construction activities and the
coordination with the Owner’s ingoing operations. Project schedule
will provide enough detail to show:
i. Design process activities
ii. Architect/Engineer and Consultant activities
iii. Approvals for all government agencies
iv. Identification, tracking and expediting of long lead materials and
equipment
v. Construction bidding process
vi. Schedule of major construction activities
vii. Occupancy and Closeout
f. Monitor and update project schedule biweekly during the
preconstruction phase.
g. Provide day-to-day interface with CM and GC and Owner’s
operational personnel to plan work and safety of operating facility.
h. Monitor and regular update schedule based on impacts due to design
changes, field condition, results of probes and investigations and
other related impacts.
i. Manage the value engineering process by:
i. Establishing criteria for variations in the schematics
ii. Regular project meetings to discuss ideas and suggestion
iii. Discussing alternatives with the specialty contractors
iv. Investigating current market trends and capabilities
v. Reporting and regular feedback to project team
j. Assist the architect with contractor questions and maintain an RFI
Log.
D. Project Budget
a. Prepare a Master Project Budget including consultants, construction,
FFE, Information Technology, Security and other related costs and
contingencies including:
i. List of all hard and soft cost items
ii. List of all document with issue dates
iii. List of qualifications, assumptions and allowances
iv. Allowanced for temporary construction activities due to the
planning of construction
v. Modify and update the estimate at the conclusion of each phase
of design
b. Monitor and advise the owner of variance and available means to
mitigate variances. Advise on options with differing impact or
consequences.
c. Work with Project Team to generate a cash flow forecast for the
Project and update the same on regular basis.
3) CONSTRUCTION PHASE
A. Project Management & Controls
a. Once construction has started, act on behalf of Owner for all
construction matters, except as otherwise directed by the Owner.
Coordinate the work of the CM and GC with the operations,
activities and responsibilities of the Owner and Project Team.
Provide sufficient personnel with authority to achieve these
objectives:
i. Provide assessments and evaluations of the CM’s assigned on-
site staff and GC’s project management team, concerning their
experience and day-to-day effectiveness, in providing services to
the District as required by their contracts.
ii. Schedule and conduct, as required, weekly Project Meetings at
which Owner, CM and GC, Project Team to discuss such matters
as procedures, progress, problems scheduling, phasing and
coordination with ongoing operations and other issues relevant to
the successful completion of the work. Ensure the preparation
and distribution of minutes of all meetings and shall track the
progress of all action on items outlined.
iii. Arrange for storage of any Owner purchased items
iv. Provide or cause to be provided a detailed schedule for the
operations of CM and GC on the project, including realistic
activity sequences and durations, allocation of labor and
materials, processing of shop drawings and samples and delivery
of products requiring long lead time procurement;
v. Provide regular monitoring of the schedule and safety as
construction progresses. Identify and report on potential
variances between scheduled and probable completion dates.
Review schedule for work not started or incomplete and
recommend to Owner, CM and GC adjustments in the schedule
to meet their required completion date;
vi. Recommend courses of action to Owner when requirements of
any contracts are not being fulfilled.
vii. Coordinate the periodic inspection by the architect and other
necessary consultants on the work of the contractors.
viii. Consult with the architect if any contractor requests
interpretations of the meaning and intent of the drawings and
specifications, and assist in the resolution of any questions,
which may arise. Confer with Owner on any disputes requiring
resolution through arbitration under the terms of the construction
documents.
ix. In collaboration with the architect, establish and implement
procedures for tracking and expediting the processing and
approval of shop drawings and samples.
x. Record the progress of the project. Submit written progress
reports to Owner, including information on the contractors and
work, the percentage of completion and the number and amounts
of change orders.
xi. Receive contractor shop drawings, product data and samples and
maintain log. Monitor Architect/Engineer for timely responses.
xii. Cause CM and GC to maintain at the project site, on a current
basis: records of all contracts; shop drawings; samples;
purchases; materials; equipment; applicable handbooks; federal,
commercial and technical standards and specifications;
maintenance and operating manuals and revisions which arise
out of the construction documents or the work.
b. Cost Tracking & Reporting
i. Manage the Project Budget developed during Pre-Construction
and monitor the CM and GC’s Anticipated Cost Report ensuring
that all project related costs are tracked in a timely and accurate
manner and reported in regular updates.
ii. Provide regular monitoring (at least monthly) of the anticipated
final cost report, showing actual costs for activities in progress
and estimates for uncompleted tasks. Identify variances between
actual and budgeted or estimated costs, and advise Owner
whenever projected costs are anticipated to exceed budgets or
estimates.
iii. Meet with the Owner regularly to provide executive level
updates regarding project status.
iv. Revise and refine the anticipated final construction cost,
incorporating pending and approved changes, and potential
exposures as they occur, and update develop cash flow reports
and forecasts as needed.
v. Arrange for the maintenance of cost accounting records on
authorized work performed under unit costs, actual costs for
labor and materials, or other bases requiring accounting records.
vi. Maintain a daily construction log.
vii. Develop, implement and manage a system for review and
processing of change orders.
viii. Recommend necessary or desirable changes to Owner and the
architect, review requests for changes, submit recommendations
to Owner and the architect, and assist in negotiating change
orders
ix. Develop, implement and manage a procedure for the review and
processing of applications by contractors for progress and final
payments. Confirm all relevant attachments including certified
payroll reports; affirmative action reports, etc. are included.
Make recommendations for certification to Owner for payment.
4) PROJECT CLOSEOUT
Assist in closing out construction and all contracts as detailed below
A. Substantial Completion
a. Upon the determination by the contractor of "substantial completion"
of the project or designated portions thereof, direct the architect's
preparation of a list of incomplete, unsatisfactory or non-confirming
items "Punch List Items" required for completion/remedy prior to
certification of substantial completion.
b. After the architect certifies the date of "substantial completion",
facilitate and monitor the contractor's completion of and the
architect's review and approval of all punch list work.
c. Coordinate with Owner's maintenance personnel and monitor the
inspection of utilities, operating systems and equipment for readiness
and assist in their initial start-up and testing.
d. Facilitate any required training of Owner's maintenance personnel.
B. Final Completion
a. Coordinate the architect's determination of final completion and
provide written notice to Owner and architect that the work is ready
for final inspection.
b. Secure and transmit to the Owner and/or architect required
guarantees, affidavits, releases, bonds and waivers.
c. Turn over to Owner all keys, manuals, record drawings and
maintenance stocks. Assist Owner's expediting consultant and other
related vendors/contractors in obtaining temporary certificates of
occupancy and permanent certificates of occupancy for the
improvements, filing all notices of completion, coordinating final
payment and securing final conditional lien releases and any other
activities which may be required to occupy the project.
D. Contract Term
It is the intent to award a contract for a three (3) year period: with two (2) one-year
options, each option to renew for an additional one (1) year period, for a possible total term of
five (5) years, subject to the District’s right of early termination as provided in the contract. The
decision to renew the contract will be at the sole discretion of the District.
E. Mandatory Items to be included in Proposal Responses (Requirements)
All proposals must state the period for which the proposal shall remain in effect (i.e., how
much time does the District have to accept or reject the proposal under the terms proposed).
Such period shall not be less than 180 days from the proposal date.
All proposals must contain the following:
1. Cost Proposal Form attached as Appendix A.
2. Proposed approach to the Scope of Work attached as Appendix B, containing a
complete written description of Applicant’s Proposal.
3. A duly completed and verified Business History Form attached as Appendix C,
together with a current certified or verified financial statement and/or other
commercially reliable written evidence of the Applicant’s credit, financial
standing and capacity to perform in accordance with the terms of the Contract.
4. Any individuals who hold a ten percent (10%) or greater ownership interest in the
proposer, as well as any officers of the proposer, shall complete an verify the
Principal Questionnaire attached as Appendix D.
5. Acknowledgment forms, confirming acceptance of certain standard contract
clauses for consultants engaged to provide Professional Services to the District, as
set forth in Appendix E.
6. Equal Opportunities for Minorities and Women Certificate of Compliance,
attached as Appendix F.
7. Living Wage Law Certificate of Compliance, attached as Appendix G.
8. Disclosure and Acknowledgment Forms, attached as Appendix H, Appendix I,
Appendix J, Appendix K, Appendix L, Appendix M and Appendix N.
9. The Applicant’s Exceptions to the RFP Requirements, if any (as per §F below).
10. All submissions must be signed on the designated signature line by an officer or
authorized agent of the Applicant.
11. Additional information that you believe pertinent to the District’s requirements.
F. Submission Instructions
Each proposal shall be prepared simply and economically avoiding the use of elaborate
promotional materials beyond those sufficient to provide a complete, accurate, and reliable
presentation. For ease of review, the proposals must follow the outline in the section of this
RFP, titled Mandatory Proposal Response Requirements. Each response should be clearly
numbered and the full question listed.
The proposals must be signed by an individual who is authorized to find the proposer to
all commitments made in the proposal. The original and eight (8) copies of the proposal,
together with all attachments, for a total of nine (9) packets, must be submitted to the District in a
sealed opaque envelope no later than 3:00pm EST on Thursday, March 13, 2014. No telegraphic
or facsimile proposals will be accepted. All RFP Responses shall be opened at 3:00 p.m. on
Thursday, March 13, 2014. Late proposals (proposals received after the above date and
time) will not be considered (and may either be discarded or returned unopened). The
District is under no obligation to return proposals.
It is each Applicant’s responsibility to carefully review all the requirements of this RFP,
including the scope of work, the specifications and terms and conditions. It is further the
proposer’s responsibility to ask questions, request clarifications, or otherwise advise the District
if any language, specifications or requirements of this RFP appear to be ambiguous,
contradictory, or to inadvertently restrict or limit the Applicants that could meet the requirements
of this RFP to a single source.
If an Applicant takes exception to any requirement of this RFP, the Applicant must
clearly set forth the exception in its proposal, referencing the affected RFP section, paragraph
and page. The Applicant must set forth the reason(s) for the exception and indicate what (if any)
alternative is being offered by the Applicant. The District shall determine (in its sole discretion)
the acceptability of any proposed exception(s). Where the District rejects a proposed exception,
the District may offer the vendor an opportunity to withdraw its exception and propose an
alternative. However, even where the District does not reject a proposed exception to the RFP,
the District may evaluate such an objection and choose, on the basis thereof, not to negotiate
with the Applicant regarding any such exceptions. Regardless of whether or not the District
rejects any proposed exceptions to the RFP, such exceptions will be considered by the District in
evaluating the completeness and adequacy of the proposal. Regardless of whether or not the
District accepts any proposed exceptions to the RFP by any other Applicant, if an Applicant
submits an RFP Response that does not raise such an objection, then such objection shall be
deemed waived as to the non-objection Applicant. All Applicants shall be deemed to have
accepted all requirement of this RFP to which they have not specifically and clearly stated an
exception in their proposal.
The District is under no obligation to respond to any question, inquiry or assertion that is
not received in writing.
Prior to the Open Date, any Applicant may contact either one of the people designated as
an Authorized Contact Person, as listed in Section B above.
After the Open Date, Applicants who seek to contact the District regarding this RFP,
whether for responses, questions, status, or otherwise, are directed to may contact only with the
following Authorized Contact Person:
Hempstead Union Free School District
Business Office
Attention: Robert Cialone, Purchasing Agent
185 Peninsula Blvd
Hempstead, NY 11550
Phone: 516-292-7111, ext 1113
Email: [email protected]
No contact with any other District personnel other than the Authorized Contact Person is
allowed until such times as an award (or awards) has (have) been made.
Violations of the instructions pertaining to such contact (as set forth in Section B above
and this section F) may result in immediate disqualification.
G. Criteria for Evaluating RFP Responses
Proposal elements, as described above, will be reviewed and evaluated for completeness
and responsiveness according to pre-determined standards and selection criteria. Proposals will
be deemed responsive only if the Applicant responds to and meets all of the requirements of this
RFP. Applicant may be invited for interviews to discuss project requirements and proposal
elements in more detail should the Superintendent or BOE request such. The District reserves
the right to award all of any part of this project, and to waive any technical irregularities
or omissions, or to cancel this RFP and solicit new proposals if, in the District’s sole
judgment, the best interests of the District will be served. The BOE will evaluate each
proposal and use the following for scoring each submission:
Selection Criteria
1. Demonstration of experience and ability to complete the work:
Overall responsiveness of the proposal;
Demonstration of a clear understanding of the requirements portion
of the RFP;
Clear description of the scope of work needed to satisfy the defined
RFP requirements,
15 points
2. Knowledge of Government contracting principles
Applicant Profile must show: Organization, Capacity, Staffing,
Resumes
15 points
3. Knowledge in management of such projects:
(keeping projects within budget and on schedule):
Vendor Profile must show: Organization, Capacity, Staffing,
Resumes
Acceptability and efficacy of proposed analysis, management and
implementation methods and procedures and supporting systems for
ongoing project management and implementation support,
Previous engagements of similar scope and quality, description of
recommendations and alternative approaches that the District might
use including rationale for the recommendations or alternative
approaches
Comprehensive description of why the Applicant can perform the
tasks defined in the RFP.
20 points
4. Knowledge and experience with providing such government liaison services
Vendor Profile must show: Organization, Capacity, Staffing,
Resumes
Prior public sector experience in project management and
Government Liaison Services and related experiences, including
references, organizational and technical capacity, and
outcome/results of services provided to other similar clients of
similar size;
Complete substantiation of the organizational structure and capacity
to provide and support the proposed services defined in Scope of
15 points
Services
Resumes of the proposed personnel should show
quality/demonstrated skills of proposed personnel
Organization description should show resource utilization methods
and approach.
Comprehensive description of why the Applicant can perform the
tasks defined in the RFP.
5. Budgeting, value engineering, and construction logistics expertise
Prior public sector experience in project management and
Government Liaison Services and related experiences, including
references, organizational and technical capacity, and
outcome/results of services provided to other similar clients of
similar size;
Comprehensive description of why the Applicant can perform the
tasks defined in the RFP.
15 points
6. Price
20 points
TOTAL: 100 points
The District will consider any other relevant factors as determined by the selection committee.
H. General Information.
1. Incurring Cost.
The District shall not be liable for any costs incurred in the preparation and
production of a proposal in response to this RFP or for any work performed prior to
the issuance of a contract.
2. Rejection of Proposals.
This RFP does not commit the District to award a contract, or to procure, or to
contract for services or supplies. Notwithstanding any other provisions of this RFP,
the District reserves the right to award a contract for the work covered by this RFP to
the Applicant, or portions of the work covered by this RFP to Applicants, who best
meet the requirements of the RFP, and not necessarily to the lowest cost Applicant.
The District reserves the right to accept or reject any or all proposals received as a
result of this RFP; to negotiate with all qualified Applicants; and/or to cancel in
whole or in part this RFP, if such cancellation is in the interests of the District to so
do, as determined by the District, in its sole discretion.
The District may require the Applicant(s) selected to receive an award of a
contract for the work covered by this RFP to the Applicant, or portions of the work
covered by this RFP, to participate in negotiation and to submit any price, technical
information, revisions or alternates for parts or all of its/their proposals as may result
from negotiations.
3. Addenda to Request for Proposals.
Amendments to this RFP may be necessary prior to the closing date and will be
furnished by mail to all prospective Proposers who have requested these materials.
4. Contract Negotiations.
The District intends to enter into contract negotiations with the Applicants
recommended by the Superintendent and/or selected by the BOE, who shall be
required to enter into a written contract with the District in a form approved by legal
counsel for the District. The contract usually includes, without limitation, the
standard clauses set forth in Appendix E attached hereto. This RFP and the proposal,
or any part thereof, may be incorporated into and made a part of the contract. The
contract may contain provisions not contained herein.
The District reserves the right to negotiate the terms and conditions of the contract
with the selected Applicant(s), if any. These negotiations could include all aspects of
services and fees. Neither the selection of an Applicant nor the negotiation of the
contract with such Applicant(s) shall constitute the District’s acceptance of the
proposal or a binding commitment on behalf of the District to enter into a contract
with such Applicant(s), as any binding arrangement must be set forth in the contract
signed by both parties and is subject to all requisite approvals.
5. No guarantee of Work even if awarded a Contract.
Even if the District awards a contract for the work covered by this RFP to an
Applicant, or portions of the work covered by this RFP to multiple Applicants, such
award does not guarantee that a certain amount of work shall be given to the
Applicant(s) to perform for the District before the District may terminate the contract
or elect not to proceed with the Work covered by such contract. The District reserves
the right, even after a contract is entered into with an Applicant, to cancel the
contract, in whole or in part, if such cancellation is in the interests of the District to so
do, as determined by the District, in its sole discretion. See, the standard contract
clauses for consultants providing Professional Services to the District, as set forth in
Appendix E attached hereto. See also, Appendix K.
6. Additional Information.
The District may award a contract based upon offers received without discussion
of such offers with the other Applicants under consideration. Each offer, therefore,
should be submitted in the most favorable terms that the Applicants can offer the
District from a price and technical standpoint. However, the District reserves the
right to request additional data or to hold oral discussions, conduct interviews, and/or
ask for presentations in support of written proposals from any and all of the
Applicants, in the course of the District making a decision upon whom to award a
contract. In addition, the District reserves the right to make on-site visits to any
Applicant’s place of business to assess and/or evaluate that Applicant’s qualifications.
7. Disclosure of proposal contents.
The District will withhold proposals submitted under this RFP from disclosure,
unless otherwise required by law, including, but not limited to, the Freedom of
Information Law (hereafter, “FOIL”). Applicants shall indicate in their proposals any
information they submit that they feel is exempted from disclosure under FOIL. In
the event that the District determines that any or all of such information is required by
applicable law to be disclosed, the District will notify the Applicant in advance of
such disclosure to enable the Applicant to take such action as it deems appropriate to
protect such information from disclosure, to the extent permitted by law. Copies of
executed contracts are not exempt from disclosure under FOIL.
8. Independent Price Determination. By submission of its offer, the Applicants certify (and in the case of a joint offer,
each party thereto certifies as to its own organization) that, in connection with
procurement, the following is true:
A. The prices in this offer have been arrived at independently, without
consultation, communication, or agreement for the purpose of restricting
competition, as to any matters relating to such prices with any other
Applicant or competitor; and
B. Unless otherwise required by law, the prices which have been quoted in
this offer have not been knowingly disclosed by the Applicants prior to
award, directly or indirectly, to any other Applicant or competitor; and
C. No attempt has been made or will be made by the Applicant to induce any
other person or firm to submit or not to submit an offer for the purpose of
restricting competition; and
D. No elected or appointed official or employee of the District shall benefit
financially or materially from this contract; and
E. The Applicant acknowledges that the District may terminate this contract
if gratuities were offered or given by the Applicant to any elected or
appointed official or employee of the county, or any person in agency to
any such official or employee.
9. Ownership of Information: All materials submitted in response to this RFP will become the property of the
county.
10. Examination of Records:
In submitting a proposal, the successful Applicant agrees that the District shall
have access to and the right to examine directly all pertinent documents, papers and
records of the Applicant and/or any sub-Applicant (and in the case of a joint offer,
each party/organization thereto) as related to any contract and/or subcontract resulting
from this RFP until six years after final payment has been made pursuant to any
contract awarded as a result of the District’s acceptance of the Applicant’s proposal.
11. Subcontracting:
The Applicant will be responsible for the entire contract performance. The
Applicant must indicate in the RFP if it intends to use a sub-contractor for any part of
the work. If so, the Applicant shall identify each sub-contractor by name, business
address and expertise, and must include the name(s) of the principal(s) of the
subcontracting entity. A full description of the tasks to be performed by the sub-
contractor must be included. The Applicant will not be permitted to subcontract any
part of the contract or any of the rights and obligations thereunder without the prior
written approval of the District.
12. Negotiated Changes:
In the event that negotiated changes occur after the awarding of the contract, the
same pricing policies called for in the original contract will remain in effect.
13. Disclaimer:
The District and its respective officers, directors, agents, members and employees
make no representation or warranty and assume no responsibility for the accuracy of
the information set forth in this RFP. Further, the District does not warrant nor make
any representations as to the quality, content, accuracy or completeness of the
information, text, graphics, links or other facet of this RFP once it has been
downloaded or printed from this or any server, and hereby disclaims any liability for
technical errors or difficulties of any nature that may arise in connection with the
Website on which this RFP is posted, or in connection with any other electronic
medium utilized by any Applicant(s) or potential Applicant(s), any sub-Applicant
(and in the case of a joint offer, each party/organization thereto), in connection with
or otherwise related to this RFP.
I. General Conditions for Applicants.
1. The Applicants will be required to pay its employees a “living wage” in
compliance with Nassau County Local Law No. 1-2006 (the “Living Wage
Law”), if applicable, and also to pay the prevailing wage rate as published by the
New York State Department of Labor, if applicable, and comply with all
applicable portions of New York State Labor Law.
2. Applicant is bound by, and shall comply with, the terms of the Standard Contract
Clauses for Consultants proving Professional Services to the District, in the form
attached hereto as Appendix E;
3. Without in any way limiting the generality of the Applicant’s undertaking to be
bound by the terms of the Standard Clauses for District Contracts, attached hereto
as Appendix E, Applicant is bound by, and shall comply with, the terms of
Appendix F, and if the Applicant fails to comply with same, the District may
terminate considering the Applicant for an award of a contract, and if a contract
had already been offered or issued or executed or performed upon, then the
District may terminate such contract.
4. The contract shall provide that in the event of any material misrepresentation by
the Applicant in its proposal, then the District shall have the rights to immediately
terminate considering the Applicant for an award of a contract, and if a contract
had already been offered or issued or executed or performed upon, then the
District may terminate such contract.
5. The contract shall also provide that in the event the Applicant, or any of its
principals, or any sub-Applicant or sub-contractor, or any of its principals, (and in
the case of a joint offer with the Applicant, then each party/organization thereto,
or any of their principals), are convicted of a misdemeanor or felony during the
term of the agreement, or are found by a Court of competent jurisdiction to be
culpable of any act of moral turpitude, then the District shall also have the rights
to terminate considering the Applicant for an award of a contract, and if a contract
had already been offered or issued or executed or performed upon, then the
District may terminate such contract
J. Additional Demonstrative Materials.
Parties are encouraged to provide as much additional material and detail as possible to
completely describe and demonstrate the Proposal.
K. Award of Contract.
The District shall select an Applicant or Applicants (which may be a single firm or
multiple firms) by means of a Notice of Award issued by the BOE.
Neither the selection of an Applicant nor the issuance of a Notice of Award shall
constitute the District’s acceptance of the proposal or a binding commitment on behalf of
the District to enter into a contract with the Applicant, as any binding arrangement must
be set forth in definitive documentation signed by both parties and shall be subject to all
requisite approvals.
L. No guarantee of Work even if awarded a Contract.
Even if the District awards a contract for the work covered by this RFP to an Applicant,
or portions of the work covered by this RFP to multiple Applicants, such award does not
guarantee that a certain amount of work shall be given to the Applicant(s) to perform for
the District before the District may terminate the contract or elect not to proceed with the
Work covered by such contract.
The District reserves the right, even after a contract is entered into with an Applicant, to
cancel the contract, in whole or in part, if such cancellation is in the interests of the
District to so do, as determined by the District, in its sole discretion. See, the standard
clauses set forth in Appendix E attached hereto.
M. Protest Policy.
As indicated in Section F, all questions or concerns regarding this RFP must be directed
to the designated Authorized Contact Person. If an Applicant believes that a concern has
not been satisfactorily addressed, it may submit a Formal Protest, pursuant to the
District’s Protest Procedure, from an Authorized Contact Person designated in §B above.
APPENDIX A
COST PROPOSAL CERTIFICATION
The undersigned, being a principal of the Applicant, certifies that the following is true:
1. General Bid Certification
The Bidder certifies that he/she will furnish, at the prices herein quoted, the materials equipment and/or
services proposed on this bid.
2. Proposed Cost Breakdown
Applicant will provide a cost breakdown of each component listed in the scope of services along with a
total cost for the project
3. State Law Compliance: Non-Collusive Bidding Certification
By submission of this bid proposal, the bidder certifies that he/she is complying with Section 103-d of the
General Municipal Law as follows:
1) Statement of non-collusion in bids and proposals to political subdivision of the state. Every bid
or proposal hereafter made to a political subdivision of the state or any public department, agency
or official thereof where competitive bidding is required by statute, rule, regulation, or local law,
for work or services performed or to be performed or goods sold or to be sold, shall contain the
following statement subscribed by the bidder and affirmed by such bidder as true under the
penalties of perjury: Non-collusive bidding certification.
“(a) By submission of this bid, each bidder and each person signing on behalf of any bidder
certifies, and in the case of a joint bid each party thereto certifies as to its own organization,
under penalty of perjury, that to the best of knowledge and belief:
(1) the prices in this bid have been arrived at independently without collusion, consultation,
communication or agreement, for the purpose of restricting competition, as to any matter
relating to such prices with any other bidder or with any competitor; and
(2) Unless otherwise required by law, the prices which have been quoted in this bid have not
been knowingly disclosed by the bidder and will not knowingly be disclosed by the
bidder prior to opening, directly or indirectly, to any; other bidder or to any competitor;
and
(3) No attempt has been made or will be made by the bidder to induce any other person,
partnership or corporation to submit or not to submit a bid for the purpose of restricting
competition.”
(b) A bid shall not be considered for award nor shall any award be made where (a) (1) (2) and (3)
above have not been complied with; provided, however, that if in any case the bidder cannot
make the foregoing certification, the bidder shall so state and shall furnish with the bid a
signed statement which sets forth in detail the reasons thereof. Where (a) (1) (2) and (3)
above have not been complied with, the bid shall not be considered forward nor shall any
award be made unless the head of the purchasing unit of the political subdivision; public
department, agency or official thereof to which the bid is made, or his designee, determines
APPENDIX A Page 2 of 4
that such disclosure was not made for the purpose of restricting competition.
The fact that a bidder (a) has published price lists, rates, or tarrifs covering items
being procured, (b) has informed prospective customers of proposed or pending
publication of new or rebised price lists for such items, or has sold the same items to
other customers at the same prices being bid, does not constitute, without more, a
disclosure within the meaning subparagraph one (a).
2) Any bid hereafter made to any political sub-division of the state or any public department, agency
or official thereof by a corporate bidder for work or services performed or to be performed or
goods sold or to be sold, where competitive bidding is required by statute, rule, regulation or local
law, and where such bid contains the certification referred to in subdivision one of the section,
shall be deemed to have been authorized by the board of directors of the bidder, and such
authorization shall be deemed to include the signing and submission of the bid and the inclusion
therein of the certificate as to non-collusion as the act and deed of the corporation.”
4. The District’s Anti-Collusion Certification
By submission of this Proposal, undersigned hereby certifies that he/she is a principal of the
Applicant firm seeking an award of a contract from the District, that each person signing on behalf of the
Applicant firm has the authority to do so on behalf of himself/herself as well as for any other person
certifying for the Applicant, and in the case of a joint Proposal, each signatory hereto certifies as to
his/her own organization, under the penalty of perjury, that, to the best of his or her knowledge and belief,
that the following statements are true:
a. The prices of this Proposal have been arrived at independently without collusion, consultation,
communication, or agreement for the purpose of restricting competition, as to any matter relating to such
prices with any other Applicant or with any competitor; and
b. Unless otherwise required by law, the prices which have been quoted in this Proposal have not
been knowingly disclosed by the Applicant and will not knowingly be disclosed by the Applicant prior to
the opening of this Proposal, directly or indirectly, to any other Applicant or to any competitor; and
c. No attempt has been made or will be made by the Applicant to induce another person, partnership
or corporation to submit or not to submit a proposal for the purpose of restricting competition.
d. The undersigned has carefully examined the Proposal and Contract Documents and agrees to
perform this contract and to provide all services, labor, material and equipment necessary for this
contract, free of any collusion, consultation, communication, or agreement for the purpose of restricting
competition, as to any matter relating to such prices, with any other Applicant or with any competitor.
SUBMITTED BY: _________________________________
(Applicant Firm’s Name)
APPROVED AND SUBMITTED BY: ______________________________________
(Signature)
PRINT NAME: __________________________________ DATE: _____________
APPENDIX B
PROGRAM DESCRIPTION AND STAFFING
Please provide a complete written description of the Proposal, including the following
information:
a. Staffing: Biography description (“Bio”) of each of the firm’s principals, as
well as staff expected to be assigned to this project.
b. Detail prior experience in the area of the Consultation RFP delineated “Scope
of Services”.
c. Detail prior experience with public sector clients (similar size and scope).
d. Detailed cover letter on the firm’s letterhead indicating EIN number and the
name of the parties authorized to discuss and/or enter into negotiations with
District with respect to this proposal.
(USE ADDITIONAL SHEETS IF NECESSARY)
SUBMITTED BY: _________________________________
(Applicant Firm’s Name)
APPROVED AND SUBMITTED BY: ______________________________________
(Signature)
PRINT NAME: __________________________________ DATE: _____________
APPENDIX C
BUSINESS HISTORY FORM
The contract(s) shall be awarded to the responsible Applicant(s) who, in the discretion of the District,
taking into consideration the reliability of the Applicant, the capacity of the Applicant to perform the
services required by the District, and the referrals and demonstrated success that the Applicant has
had in the past for similar public sector clients, is determined by the BOE to offer the best value to
the District and who will best be able promote the public interest served by an award of a contract by
the District pursuant to this RFP.
In addition to the submission of proposals, each Applicant shall complete and submit this
questionnaire.
The questionnaire shall be filled out by the owner of a sole proprietorship or by an authorized
representative of the firm, corporation or partnership submitting the Proposal.
(USE ADDITIONAL SHEETS IF NECESSARY TO FULLY ANSWER THE FOLLOWING
QUESTIONS).
Date: _____________________
1) Applicant Firm’s Legal Name: _____________________________________________
2) Address of Place of Business: _______________________________________________
List all other business addresses used within last five years:
___________________________________________________________________________
3) Mailing Address (if different): _________________________________________________
Phone: ______________________ Email: ______________________________________
Does the business own or rent its facilities? __________
4) Dun and Bradstreet number: ________________
5) The Applicant Firm is a (check one):
Sole Proprietorship __________
Partnership __________
Corporation __________
Other (Describe) ________________________________________________
6) Does this business share office space, staff, or equipment expenses with any other business:
Yes __ No __ If Yes, please provide details: ___________________________________
_________________________________________________________________________
7) Does this business control one of more other businesses? Yes ___ No ___ If Yes, please
provide details: ____________________________________________________________
_________________________________________________________________________
8) Does this business have one or more affiliates, and/or is it a subsidiary of, or controlled by,
any other business? Yes ___ No ___ If Yes, provide details: _______________________
_________________________________________________________________________
APPENDIX C Page 2 of 7
9) Has the proposer ever had a bond or surety cancelled or forfeited, or a contract with Nassau
County or any other government entity terminated? Yes __ No __ If Yes, state the name of
bonding agency, (if a bond), date, amount of bond and reason for such cancellation or
forfeiture: or details regarding the termination (if a contract). ________________________
_________________________________________________________________________
10) Has the proposer, during the past seven years, been declared bankrupt? Yes __ No __ If
Yes, state date, court jurisdiction, amount of liabilities and amount of assets ____________
__________________________________________________________________________
11) In the past five years, has this business and/or any of its owners and/or officers and/or any
affiliated business, been the subject of a criminal investigation and/or a civil anti-trust
investigation by any federal, state of local prosecuting or investigative agency? And/or, in
the past five years, have any owner and/or officer of any affiliated business been the subject
of a criminal investigation and/or a civil anti-trust investigation by any federal, state or local
prosecuting or investigative agency, where such investigation was related to activities
performed at, for, or on behalf of an affiliated business.
Yes __ No __ If Yes, provide details for each such investigation. ______________________
___________________________________________________________________________
___________________________________________________________________________
12) In the past five (5) years, has this business and/or any of its owners and/or officers and/or any
affiliated business been the subject of an investigation by any government agency, including
but not limited to federal, state and local regulatory agencies? And/or, in the past 5 years, has
any owner and/or officer of an affiliated business been the subject of an investigation by any
government agency, including but not limited to federal, state and local regulatory agencies,
for matters pertaining to that individual’s position at or relationship to an affiliated business.
Yes __ No __ If yes, provide details for each such investigation. _______________________
___________________________________________________________________________
13) Has any current or former director, owner or officer or managerial employee of this business
had, either before or during such person’s employment, or since such employment if the
charges pertained to events that allegedly occurred during the time of employment by the
submitting business, and allegedly related to the conduct of that business: a. Any felony charge pending? No __ Yes __ If Yes, provide details for each such
charge: ____________________________________________________
______________________________________________________________
b. Any misdemeanor charge pending? No __ Yes __ If Yes, provide details for
each such charge. _______________________________________________
______________________________________________________________
c. In the past 10 years, have you been convicted, after trial or by plea, of any felony
and/or any other crime, an element of which relates to truthfulness or the
underlying facts of which related to the conduct of business? No __ Yes__ If
Yes, provide details for each such conviction ____________________________
_________________________________________________________________
APPENDIX C Page 3 of 7
d. In the past five years, have you been convicted, after trial or by plea, of a
misdemeanor? No __ Yes __ If Yes, provide details for each such conviction.
_________________________________________________________________
_________________________________________________________________
14) In the past 5 years, has this business or any of its owners or officers, or any other affiliated
business had any sanction imposed as a result of judicial or administrative proceedings with
respect to any professional license held? No __ Yes __ If Yes, provide details for each such
instance. ______________________________________________________________________
______________________________________________________________________________
15) For the past 5 years, has this business failed to file any required tax returns or failed to pay any
applicable federal, state or local taxes or other assessed charges, including but not limited to
water and sewer charges? No __ Yes __ If Yes, provide details for each such year. Provide a
detailed response to all questions checked “YES.” If you need more space, photocopy the
appropriate page and attach it to the questionnaire. ____________________________________
______________________________________________________________________________
Provide a detailed response to all questions checked “YES.” If you need more space, photocopy the
appropriate page and attach it to the questionnaire.
16) Conflict of Interest:
a. Please disclose:
i. Any material financial relationships that your firm or any firm employee has that
may create a conflict of interest or the appearance of a conflict of interest in
acting as a contractor/service provider for the District.
ii. Any family relationship that any employee of your firm has with any District
public servant that may create a conflict of interest or the appearance of a conflict
of interest in acting as a contractor/service provider for the District.
iii. Any other matter that your firm believes may create a conflict of interest or the
appearance of a conflict of interest in acting as a contractor/service provider for
the District.
b. Please describe any procedures your firm has, or would adopt, to assure the County that a
conflict of interest would not exist for your firm in the future.
APPENDIX C Page 4 of 7
Attachments to Business History Form
Please provide any other information which would be appropriate and helpful in determining the
Applicant Firm’s capacity and reliability to perform these services.
A. Include a resume or detailed description of the Applicant’s professional qualifications,
demonstrating extensive experience in your profession. Any prior similar experiences, and the
results of these experiences, must be identified.
Should the Applicant be other than an individual, the Applicant Firm should include:
i. Date of formation;
ii. Name, address and position of all persons having a financial interest in the company,
including any shareholders owning 10% or more of the firm’s outstanding shares,
members, general or limited partner;
iii. Name, address and position of all officers and directors of the company;
iv. State of incorporation (if applicable);
v. The number of employees in the firm;
vi. Annual revenue of firm;
vii. Summary of relevant accomplishments
viii. Copies of all relevant state and local licenses and permits.
B. Provide any other information which would be appropriate and helpful in determining the
Applicant’s capacity and reliability to perform these services.
C. Provide names and addresses for no fewer than three references, but no more than six references,
for whom the Applicant has provided similar services or who are qualified to evaluate the
Applicant’s capability to perform this work.
Reference #1:
Company ________________________________________________________________
Contact Person _______________________________________________________________
Address _______________________________________________________________
City/State _______________________________________________________________
Telephone _______________________________________________________________
Fax # _______________________________________________________________
E-Mail Address _______________________________________________________________
*****
APPENDIX C Page 5 of 7
Reference #2:
Company ________________________________________________________________
Contact Person _______________________________________________________________
Address _______________________________________________________________
City/State _______________________________________________________________
Telephone _______________________________________________________________
Fax # _______________________________________________________________
E-Mail Address _______________________________________________________________
*****
Reference #3:
Company ________________________________________________________________
Contact Person _______________________________________________________________
Address _______________________________________________________________
City/State _______________________________________________________________
Telephone _______________________________________________________________
Fax # _______________________________________________________________
E-Mail Address _______________________________________________________________
*****
Reference #4:
Company ________________________________________________________________
Contact Person _______________________________________________________________
Address _______________________________________________________________
City/State _______________________________________________________________
Telephone _______________________________________________________________
Fax # _______________________________________________________________
E-Mail Address _______________________________________________________________
APPENDIX C Page 6 of 7
Reference #5:
Company ________________________________________________________________
Contact Person _______________________________________________________________
Address _______________________________________________________________
City/State _______________________________________________________________
Telephone _______________________________________________________________
Fax # _______________________________________________________________
E-Mail Address _______________________________________________________________
*****
Reference #6:
Company ________________________________________________________________
Contact Person _______________________________________________________________
Address _______________________________________________________________
City/State _______________________________________________________________
Telephone _______________________________________________________________
Fax # _______________________________________________________________
E-Mail Address _______________________________________________________________
APPENDIX C Page 7 of 7
CERTIFICATION
A MATERIALLY FALSE STATEMENT WILLFULLY OR FRAUDULENTLY MADE IN
CONNECTION WITH THIS QUESTIONNAIRE MAY RESULT IN RENDERING THE
SUBMITTING BUSINESS ENTITY NOT RESPONSIBLE WITH RESPECT TO THE PRESENT BID
OR FUTURE BIDS, AND, IN ADDITION, MAY SUBJECT THE PERSON MAKING THE FALSE
STATEMENT TO CRIMINAL CHARGES.
I, ________________________________, being duly sworn, state that:
1. I have read and understand all the items contained in the foregoing pages of this questionnaire
and the following pages of attachments; and
2. I supplied full and complete answers to each item therein to the best of my knowledge,
information and belief; and
3. I will notify the County in writing of any change in the circumstances occurring after the
submission of this questionnaire and before the execution of any contract that may be offered to
me or my firm; and
4. All information supplied by me is true to the best of my knowledge, information and belief; and
5. I understand that the District will rely on the information supplied in this questionnaire as
additional inducement to enter into a contract with the submitting business entity.
Name of submitting business: ___________________________________________________________
By: ______________________________________
Print name
_________________________________________
Signature
_________________________________________
Title
______/______/______
Date
Sworn to before me
this ___ day of _______________, 20___.
___________________________________
Notary Public
APPENDIX D
PRINCIPAL QUESIONNAIRE FORM
Any individual who holds ten percent or greater ownership interest in the Applicant Firm or who
is an officer of the Applicant Firm shall complete and certify a Principal Questionnaire Form.
All questions on the questionnaire must be answered and the answers typewritten or printed in
ink. If you need more space to answer any questions, make as many photocopies of the
appropriate page(s) as necessary and attach them to the questionnaire.
COMPLETE THIS QUESTIONNAIRE CAREFULLY AND COMPLETELY.
FAILURE TO SUBMIT A COMPLETE QUESTIONAIRRE MAY MEAN THAT YOUR BID
OR PROPOSAL WILL BE REJECTED AS NON-RESPONSIVE AND IT WILL NOT BE
CONSIDERED FOR AWARD.
1. Principal Name _______________________________________________________
Business address ______________________________________________________
City/state/zip _________________________________________________________
Telephone ___________________________________________________________
List of other addresses and telephone numbers: _______________________________
(attach additional sheet if necessary).
2. Positions currently held in the Applicant business and starting date of each (check all
applicable):
President ___ / ___ / ___ Vice President ___ / ___ / ___
Treasurer ___ / ___ / ___ Secretary ___ / ___ / ___
Chairman of Board ___ / ___ / ___ Shareholder ___ / ___ / ___
Chief Exec. Officer ___ / ___ / ___ Chief Financial Officer ___ / ___ / ___
Chief Information Officer ___ / ___ / ___ Partner ___ / ___ / ___
(Other) ________________________________________________ ___ / ___ / ___
3. Positions previously held in the Applicant business, starting date and ending date of each
position, and reason for relinquishment of position (check all applicable):
President: ___ / ___ / ___ through ___ / ___ / ___; ended because: __________
Vice President: ___ / ___ / ___ through ___ / ___ / ___; ended because: __________
Treasurer ___ / ___ / ___ through ___ / ___ / ___; ended because: __________
APPENDIX D Page 2 of 7
Secretary ___ / ___ / ___ through ___ / ___ / ___; ended because: __________
Chairman of Board ___ / ___ / ___ through ___ / ___ / ___; ended because: __________
Shareholder ___ / ___ / ___ through ___ / ___ / ___; ended because: __________
Chief Exec. Officer ___ / ___ / ___ through ___ / ___ / ___; ended because: __________
Chief Financial Officer ___ / ___ / ___ through ___ / ___ / ___; ended because: _______
Chief Information Officer ___ / ___ / ___ through ___ / ___ / ___; ended because: _____
(Other) ________________________________________________ ___ / ___ / ___
4. Do you have an equity interest in the business submitting the questionnaire?
No __ Yes __ If Yes, provide details.
5. Are there any outstanding loans, guarantees or any other form of security or lease or any
other type of contribution made in whole or in part between you and the business
submitting the questionnaire?
No __ Yes __ If Yes, provide details.
6. Within the past 3 years, have you been a principal owner or officer of any business or
not-for-profit organization other than the one submitting the questionnaire?
No __ Yes __ If Yes, provide details.
7. Has any governmental entity awarded any contracts to a business or organization listed in
Section 5 in the past 3 years while you were a principal owner or officer? No __ Yes __
If Yes, provide details.
NOTE: An affirmative answer is required to Question #8 below, whether the sanction arose
automatically, by operation of law, or as a result of any action taken by a government
agency. Provide a detailed response to all questions checked “YES.” If you need more
space, photocopy the appropriate page and attach it to the questionnaire. Failure to make
true, accurate and complete disclosure may result in disqualification of the Applicant.
8. In the past 5 years, have you and/or any affiliated businesses or not-for-profit
organizations listed in Section 5 in which you have been a principal owner or officer:
a. Been debarred by any government agency from entering into contracts with that
agency? No __ Yes __ If Yes, provide details for each such instance.
b. Been declared in default and/or terminated for cause on any contract, and/or had
any contract cancelled for cause? No __ Yes __ If Yes, provide details for each
such instance.
APPENDIX D Page 2 of 7
c. Been denied the award of a contract and/or the opportunity to bid on a contract,
including, but not limited to, failure to meet pre-qualification standards? No __
Yes __ If Yes, provide details for each such instance.
d. Been suspended by any government agency from entering into any contract with
it; and/or is any action pending that could formally debar or otherwise affect such
business’s ability to bid or propose on contract? No __ Yes __ If Yes, provide
details for each such instance.
9. Have any of the businesses or organizations listed in response to Question 5 filed a
bankruptcy petition and/or been the subject of involuntary bankruptcy proceeding
during the past 7 years, and/or for any portion of the last 7 year period, been in a state
of bankruptcy as a result of bankruptcy proceedings initiated more than 7 years ago
and/or is any such business now the subject of any pending bankruptcy proceedings,
whenever initiated? If “Yes,” provide details for each such instance (provide a
detailed response to all questions checked “yes.” If you need more space, photocopy
the appropriate page and attach it to the questionnaire.)
10. Criminal/Administrative Proceedings History
a. Is there any felony charge pending against you? No __ Yes __
If Yes, provide details for each such charge.
b. Is there any misdemeanor charge pending against you? No __ Yes __
If Yes, provide details for each such charge.
c. Is there any administrative charge pending against you? No __ Yes __
If Yes, provide details for each such charge.
d. In the past 10 years, have you been convicted, after trial or by plea, of any felony,
or of any other crime, an element of which relates to truthfulness or the
underlying facts of which related to the conduct of business? No __ Yes __
If Yes, provide details for each such charge.
e. In the past 5 years, have you been convicted, after trial or by plea, of a
misdemeanor? No __ Yes __
If Yes, provide details for each such charge.
f. In the past 5 years, have you been found in violation of any administrative or
statutory charges? No __ Yes __
If Yes, provide details for each such charge.
APPENDIX D Page 3 of 7
11. In addition to the information provided in response to the previous questions, in the past 5
years, have you been the subject of a criminal investigation and/or a civil anti-trust
investigation by any federal, state or local prosecuting or investigative agency and/or the
subject of an investigation where such investigation was related to activities performed
at, for, or on behalf of the submitting business entity and/or an affiliated business listed in
response to Question 5? No __ Yes __
If Yes, provide details for each such charge.
12. In addition to the information provided, in the past 5 years, has any business or
organization listed in response to Question 5, been the subject of a criminal investigation
and/or a civil anti-trust investigation and/or any other type of investigation by any
government agency, including but not limited to federal, state, and local regulatory
agencies while you were a principal owner or officer? No __ Yes __
If Yes, provide details for each such charge.
13. In the past 5 years, have you or this business, or any other affiliated business listed in
response to Question 5 had any sanction imposed as a result of judicial or administrative
proceedings with respect to any professional license held? No __ Yes __
If Yes, provide details for each such charge.
14. For the past 5 tax years, have you failed to file any required tax returns or failed to pay
any applicable federal, state or local taxes (other than water and sewer, sanitation or other
such local service charges incidental to local taxes)? No __ Yes __
If Yes, provide details for each such charge.
APPENDIX D Page 4 of 4
CERTIFICATION
A MATERIALLY FALSE STATEMENT WILLFULLY OR FRAUDULENTLY MADE IN
CONNECTION WITH THIS QUESTIONNAIRE MAY RESULT IN RENDERING THE
SUBMITTING BUSINESS ENTITY NOT RESPONSIBLE WITH RESPECT TO THE PRESENT BID
OR FUTURE BIDS, AND, IN ADDITION, MAY SUBJECT THE PERSON MAKING THE FALSE
STATEMENT TO CRIMINAL CHARGES.
I, ________________________________, being duly sworn, state that:
1. I have read and understand all the items contained in the foregoing pages of this questionnaire
and the following pages of attachments; and
2. I supplied full and complete answers to each item therein to the best of my knowledge,
information and belief; and
3. I will notify the County in writing of any change in the circumstances occurring after the
submission of this questionnaire and before the execution of any contract that may be offered to
me or my firm; and
4. All information supplied by me is true to the best of my knowledge, information and belief; and
5. I understand that the District will rely on the information supplied in this questionnaire as
additional inducement to enter into a contract with the submitting business entity.
Name of submitting business: ___________________________________________________________
By: ______________________________________
Print name
_________________________________________
Signature
_________________________________________
Title
______/______/______
Date
Sworn to before me
this ___ day of _______________, 20___.
___________________________________
Notary Public
APPENDIX E STANDARD CONTRACT CLAUSES
FOR CONSULTANTS ENGAGED TO PROVIDE “PROFESSIONAL SERVICES”
TO THE
HEMPSTEAD UNION FREE SCHOOL DISTRICT
1. Independent Contractor.
The Contractor is an independent contractor of the District. The Contractor shall not, nor
shall any officer, director, employee, servant, agent or independent contractor of the Contractor (a
“Contractor Agent”), be (i) deemed a District employee, (ii) commit the District to any obligation, or (iii)
hold itself, himself, or herself out as a District employee, officer, or Person with the authority to commit
the District to any obligation. As used in this Agreement the word “Person” means any individual person,
entity (including partnerships, corporations and limited liability companies), and any constituent member
thereof.
2. No Arrears, No Default, No Prior Litigation with the District.
The Contractor is not in arrears in the payment of School Taxes due to be paid to the District, has
not defaulted under any contract with the District and has not been in litigation for failure to perform any
obligation to the District, including any obligation to perform services for or on behalf of the District.
3. Compliance With Law.
a) Generally. The Contractor shall comply with any and all applicable Federal, State and local
laws, including, but not limited to those relating to conflicts of interest, discrimination, a
living wage and disclosure of information, in connection with its performance under this
Agreement. In furtherance of the foregoing, the Contractor is bound by and shall comply
with the terms of Appendix F attached hereto. As used in this Agreement the word “Law”
includes any and all statutes, local laws, ordinances, rules, regulations, applicable orders,
and/or decrees, as the same may be amended from time to time, enacted, or adopted.
b) Nassau County Living Wage Law. Pursuant to LL I-2006, as amended, and to the extent
that a waiver has not been obtained in accordance with such law or any rules of the County
Executive, the Contractor agrees as follows:
i. Contractor shall comply with the applicable requirements of the Living Wage
Law, as amended; and
ii. Failure to comply with the Living Wage Law, as amended, constitutes a material
breach of this Agreement, the occurrence of which shall be determined solely by
the District. Contractor has the right to cure such breach within thirty days of
receipt of notice of breach from the District. In the event that such breach is not
timely cured, the District may terminate this Agreement as well as exercise any
other rights available to the District under applicable law.
iii. Execute the Compliance Certificate attached hereto as Appendix G.
c) Records Access. The parties acknowledge and agree that all records, information, and data
(“Information”) acquired in connection with performance or administration of this
Agreement shall be used and disclosed solely for the purpose of performance and
administration of the contract or as required by law. The Contractor acknowledges that
Contractor Information in the County’s possession may be subject to disclosure under
Section 87 of the New York State Public Officer’s law. In the event that such a request for
disclosure is made, the District shall make reasonable efforts to notify the Contractor of
such Request prior to disclosure of the Information so that the Contractor may take such
action as it deems appropriate.
4. Minimum Service Standards.
Regardless of whether required by Law:
a) The Contractor shall, and shall cause Contractor Agents to, conduct its, his or her
activities in connection with this Agreement so as not to endanger or harm any Person or
property.
b) The Contractor shall deliver services under this Agreement in a professional manner
consistent with the best practices of the industry in which the Contractor operates. The
Contractor shall take all actions necessary or appropriate to meet the obligation described
in the immediately preceding sentence, including obtaining and maintaining, and causing
all Contractor Agents to obtain and maintain, all approvals, licenses, and certifications
(“Approvals”) necessary or appropriate in connection with this Agreement.
5. Indemnification; Defense; Cooperation.
a) The Contractor shall be solely responsible for and shall indemnify and hold harmless the
District, its officers, employees, and agents (the “Indemnified Parties”) from and against
any and all liabilities, losses, costs, expenses (including, without limitation, reasonable
attorneys’ fees and disbursements) and damages (“Losses”), arising out of or in
connection with any acts or omissions of the Contractor or a Contractor Agent, regardless
of whether taken pursuant to or authorized by this Agreement and regardless of whether
due to negligence, fault, or default, including Losses in connection with any threatened
investigation, litigation or other proceeding or preparing a defense to or prosecuting the
same; provided, however, that the Contractor shall not be responsible for that portion, if
any, of a Loss that is caused by the negligence of the District.
b) The Contractor shall, upon the District’s demand and at the District’s direction, promptly
and diligently defend, at the Contractor’s own risk and expense, any and all suits, actions,
or proceedings which may be brought or instituted against one or more Indemnified
Parties for which the Contractor is responsible under this Section and the Contractor shall
pay and satisfy any judgment, decree, loss or settlement in connection therewith.
c) The Contractor shall, and shall cause Contractor Agents, to cooperate with the District in
connection with the investigation, defense or prosecution of any action, suit or
proceeding in connection with this Agreement
d) The provisions of this Section shall survive the termination of this Agreement.
APPENDIX E Page 2 of 6
6. Insurance.
a) Types and Amounts. The Contractor shall obtain and maintain throughout the term of
this Agreement, at its own expense: (i) one of more policies for commercial general
liability insurance, which policy(ies) shall name “Hempstead Union Free School District”
as an additional insured and have a minimum single combined limit of liability of not less
than two million dollars ($2,000,000.00) per occurrence, (ii) if contracting in whole or
part to provide professional services, one of more policies for professional liability
insurance, which policy(ies) shall have a minimum single Combined limit liability of not
less than one mission dollars ($1,000,000.00) per occurrence, and two mission dollars
($2,000,000.00) in the aggregate;
b) Compensation Insurance. For the benefit of the Contractor’s employees
(“Workers’ Compensation Insurance”), which insurance is in compliance with the New
York State Workers’ Compensation Law, and (iv) such additional insurance, including,
without limitation, builder’s all risk, if applicable, automobile liability insurance and
umbrella liability insurance, as the District may from time to time specify.
c) Acceptability; Deductibles; Subcontractors. All insurance obtained and maintained
by the Contractor pursuant to this Agreement shall be (i) written by one or more
commercial insurance carriers licensed or authorized to do business in New York State
and acceptable to the District, and (ii) in form and substance acceptable to the District.
The Contractor shall be solely responsible for the payment of all deductible which such
policies are subject. The Contractor shall require any subcontractor hired in connection
with this Agreement to carry insurance with the same limits and provisions required to be
carried by the Contractor under this Agreement.
d) Delivery; Coverage Change; No Inconsistent Action. Prior to the execution of this
Agreement, copies of current certificate of insurance evidencing the insurance coverage
required by this Agreement shall be delivered to the District’s Business Office. Not less
than thirty (30) days prior to the date of any expiration or renewal of, or actual, proposed
or threatened reduction or cancellation of coverage under, any insurance required
hereunder, the Contractor shall provide written notice to the District’s Business Office of
the same and deliver to the District’s Business Office renewal or replacement certificates
of insurance. The Contractor shall cause all insurance to remain in full force and effect
throughout the term of this Agreement and shall not take any action, or omit to take any
action that would suspend or invalidate any of the required coverages. The failure of the
Contractor to maintain Workers’ Compensation Insurance shall render this contract void
and of no effect. The failure of the Contractor to maintain the other required coverage
shall be deemed a material breach of this Agreement upon which the District reserves the
right to consider this Agreement terminated as of the date of such failure.
e) Additional Insurance Requirements. See, Appendix L.
APPENDIX E Page 3 of 6
7. Assignment; Amendment; Waiver; Subcontracting.
This Agreement and the rights and obligations hereunder may not be in whole or part (i) assigned,
transferred or disposed of, (ii) amended, (iii) waived, or (iv) subcontracted, without the prior written
consent of the District’s Superintendent or his or her duly designated deputy, and the ratification of the
BOE by a duly passed resolution, and any purported assignment or other attempted disposition or
modification, if any, without such prior written consent shall be null and void. The failure of a party to
assert any of its rights under this Agreement, including the right to demand strict performance, shall not
constitute a waiver of such rights.
8. Termination.
(a) Generally. This Agreement may be terminated (i) for any reason by the District
upon thirty (30) days written notice to the Contractor, including, without cause, “for any
reason or no reason at all,” and/or “for the District’s convenience”; (ii) immediately for
“Cause” by the District, effective upon the Contractor’s receipt of written notice of
termination by overnight delivery to the Contractor’s designated business address,
(iii) upon mutual written Agreement of the District and the Contractor, and (iv) in
accordance with any other provisions of this Agreement expressly addressing
termination. As used in this Agreement, the word “Cause” includes: (i) a breach of this
Agreement; (ii) the failure to obtain and maintain in full force and effect all Approvals
required for the services described in this Agreement to be legally and professionally
rendered; and (iii) the termination of (or the receipt of the District of thirty days notice (or
less) of an impending termination of federal or state funding), for the services to be
provided under this Agreement.
(b) By The Contractor. This Agreement may be terminated by the Contractor if
performance becomes impracticable through no fault of the Contractor, where the
impracticability relates to the Contractor’s ability to perform its obligations and not to a
judgment as to convenience or the desirability of continued performance. Termination
under this subsection shall be effected by the Contractor delivering to the Superintendent,
at least sixty (60) days prior to the termination date (or a shorter period if sixty days’
notice is impossible), a notice stating that (i) the Contractor is terminating this Agreement
in accordance with this subsection, (ii) the date as of which this Agreement will
terminate, and (iii) the facts giving rise to the Contractor’s right to terminate under this
subsection. A copy of the notice given to the Superintendent shall be given to the District
Clerk on the same day that notice is given to the Superintendent.
(c) Contractor Assistance Upon Termination. In connection with the termination of, or
impending termination of, this Agreement, the Contractor shall, regardless of the reason
for termination, take all actions reasonably requested by the District (including those set
forth in other provisions of this Agreement) to assist the District in transitioning the
Contractor’s responsibilities under this Agreement. The provisions of this subsection
shall survive the termination of this Agreement.
APPENDIX E Page 4 of 6
9. Accounting Procedures; Records.
The Contractor shall maintain and retain, for a period of six (6) years following the later of
termination of or final payment under this Agreement, complete and accurate records, documents,
accounts and other evidence, whether maintained electronically or manually (“Records”), pertinent to
performance under this Agreement. Records shall be maintained in accordance with Generally Accepted
Accounting Principles and, if the Contractor is a non-profit entity, must comply with the accounting
guidelines set forth in the federal office of Management & Budget Circular A-122, “Cost Principles for
Non-Profit Organizations.” Such records shall at all times be available for audit and inspection by the
District, its Auditors, the New York State Department of Education, the County Attorney’s Office, any
other governmental authority with jurisdiction over the provision of services hereunder and/or the
payments made for such services, and any of their duly designated representatives. The provisions of this
Section shall survive the termination of this Agreement.
10. Limitations on Actions and Special Proceedings Against the District.
No action or special proceedings shall lie or be prosecuted or maintained against the District upon
any claims arising out of or in connection with this Agreement unless:
a) Notice. At least thirty (30) days prior to seeking relief the Contractor shall have
presented the demand or claim(s) upon which such action or special proceeding is based
in writing to the District, by presentment of same to the Superintendent, and the District
shall have neglected or refused to make an adjustment or payment on the demand or
claim for thirty (30) days after presentment. A copy of the notice given to the
Superintendent shall be given to the District Clerk on the same day that notice is given to
the Superintendent. The complaint or necessary moving papers of the Contractor shall
allege that the above-described actions and inactions preceded the Contractor’s action or
special proceeding against the District.
b) Time Limitation. Such action or special proceeding is commenced within the
earlier of (i) one (1) year of the first occur of (A) final payment under or the termination
of this Agreement, and (B) the accrual of the cause of action, and (ii) the time specified in
any other provision of this Agreement.
11. Consent to Jurisdiction and Venue; Governing Law.
Unless otherwise specified in this Agreement or required by Law, exclusive original jurisdiction
for all claims or actions with respect to this Agreement shall be in the Supreme Court in Nassau County in
New York State and the parties expressly waive any objections to the same on any grounds, including
venue and forum non convenience. This Agreement is intended as a contract under, and shall be
governed and construed in accordance with, the Laws of New York State, without regard to the conflict of
laws provisions thereof.
APPENDIX E Page 5 of 6
12. All Legal Provisions Deemed Included; Severability; Supremacy; Construction.
a) Every provision required by Law to by inserted into or referenced by this Agreement is
intended to be a part of this Agreement. If any such provision is not inserted or referenced or
is not inserted or referenced in correct form, then (i) such provision shall be deemed inserted
into or referenced by this Agreement for purposes of interpretation and (ii) upon the
application of either party this Agreement shall be formally amended to comply strictly with
the Law, without prejudice to the rights of either party.
b) In the event that any provision of this Agreement shall be held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions shall not
in any way be affected or impaired thereby.
c) In the event of a conflict between the terms and conditions of the contract, including any and
all attachments thereto and amendments thereof, and the terms of this Appendix E, the terms
of this Appendix E shall control.
d) Each party has cooperated in the negotiation and preparation of this Agreement, so if any
construction is made of the Agreement, it shall not be construed against either party as
drafter.
13. Executory Clause.
Notwithstanding any other provision of this Agreement:
a) Approval and Execution. The District shall have no liability under this Agreement
(including any extension or other modification of this Agreement) to any Person unless (1)
this Agreement has been executed by the District’s Superintendent or his or her duly
designated deputy, and (2) ratified by the BOE by a duly passed resolution.
b) Availability of Funds. The District shall have no liability under this Agreement
(including any extension of other modification of this Agreement) to any Person beyond
funds appropriated or otherwise lawfully available for this Agreement, and, if any portion of
the funds for this Agreement are from the State and/or federal governments, then beyond such
funds as may have been made available to the District from the State and/or federal
governments for the purposes set forth in this Agreement.
EXHIBIT F
EQUAL EMPLOYMENT OPPORTUNITIES FOR MINORITIES AND WOMEN
The provisions of this Appendix E2 are hereby made a part of the document to which it is
attached.
The Contractor shall comply with all federal, State and local statutory and constitutional anti-
discrimination provisions.
In addition, Local Law No. 14-2002 entitled “Participation by Minority Group Members and
Women in Nassau County Contracts,” which governs all County Contracts as defined by such title and
solicitations for bids or proposals for County Contracts, is adopted by the District, and shall be fully
enforced by the District as to the Contractor.
In accordance with Local Law 14-2002:
(a) The Contractor shall not discriminate against employees or applicants for employment
because of race, creed, color, national origin, sex, age, disability or marital status in recruitment,
employment, job assignments, promotions, upgradings, demotions, transfers, layoffs, terminations and
rates of pay or other forms of compensation. The Contractor will undertake or continue existing
programs related to recruitment, employment, job assignments, promotions, upgradings, transfers, and
rates of pay or other forms of compensation to ensure that minority group members and women are
afforded equal employment opportunities without discrimination.
(b) At the request of the District, the Contractor shall request each employment agency, labor
union, or authorized representative of workers with which it has a collective bargaining or other
agreement or understanding, to furnish a written statement that such employment agency, union, or
representative will not discriminate on the basis of race, creed, color, national origin, sex, age, disability
or marital status and that such employment agency, labor union, or representative will affirmatively
cooperate in the implementation of the Contractor’s obligations herein.
(c) The Contractor shall state, in all solicitations or advertisements for employees that, in the
performance of work for the District, all qualified applicants will be afforded equal employment
opportunities without discrimination because of race, creed, color, national origin, sex, age, disability or
marital status.
(d) The Contractor shall make Best Efforts to solicit active participation by certified minority or
women-owned business enterprises (“Certified M/WBEs”) as defined in section 101 Local Law No. 14-
2002 of Nassau County, including the granting of Subcontracts.
(e) The Contractor shall, in its advertisements and solicitations for Subcontractors, indicate its
interest in receiving bids from Certified M/WBEs and the requirement that Subcontractors must be equal
opportunity employers.
(f) Contractors must notify and receive approval from the District’s Superintendent prior to
issuing any Subcontracts and, at the time of requesting such authorization, must submit a signed Best
Efforts Checklist, as mandated by Local Law No. 14-2002 of Nassau County.
APPENDIX F Page 2 of 4
(g) At any time after Subcontractor approval has been requested and prior to being granted, the
District may require the Contractor to submit documentation demonstrating best efforts to obtain Certified
Minority or Women-owned Business Enterprises. In addition, the District may require the Contractor to
submit such documentation at any time after Subcontractor approval when the District has reasonable
cause to believe that the existing Best Efforts Checklist may be inaccurate. Within ten (10) working days
of any such request by the District, the Contractor must submit Documentation.
(h) In the case where a request is made by the District, the Contractor must, within two (2)
working days of such request, submit evidence to demonstrate that it employed Best Efforts to obtain
Certified M/WBE participation through proper documentation.
(i) A Contractor shall maintain Documentation Demonstrating Best Efforts to Obtain Certified
Minority or Women-owned Business Enterprises for a period of six (6) years. Failure to maintain such
records shall be deemed failure to make Best Efforts to comply with this Appendix EE, evidence of false
certification as M/WBE complaint or considered breach of the County Contract.
(j) Any disputes over whether the Contractor has complied with the terms of this Appendix F
shall be resolved at arbitration at the American Arbitration Association. Upon conclusion of the
arbitration proceedings, the arbitrator shall submit to the BOE his/her recommendations regarding the
imposition of sanctions, fines or penalties. The BOE shall either (i) adopt the recommendation of the
arbitrator, (ii) determine that no sanction, fines or penalties should be imposed or (iii) modify the
recommendation of the arbitrator, provided that such modification shall not expand upon any sanction
recommended or impose any new sanction, or increase the amount of any recommended fine or penalty.
The Superintendent, within ten (10) days of receipt of the arbitrator’s award and recommendations, shall
file a determination of such matter and shall cause a copy of such determination to be served upon the
Contractor by personal service or by certified mail return receipt requested. The award of the arbitrator,
and the fines and penalties imposed by the BOE, shall be final determinations and may only be vacated or
modified as provided in the civil practice law and rules (“CPLR”).
(k) The Contractor shall provide the District with information regarding all subcontracts
awarded under this Contract, including the amount of compensation paid to each Subcontractor and shall
complete all forms provided by the District relating to subcontractor utilization and efforts to obtain
M/WBE participation.
Failure to comply with provisions (a) through (k) above, as ultimately determined by the BOE,
shall be a material breach of the contract constituting grounds for immediate termination.
As used in this Appendix F the term “Best Efforts Checklist” shall mean a list signed by the
Contractor, listing the procedures it has undertaken to procure Subcontractors in accordance with this
Appendix F.
As used in this Appendix F the term “Contract” shall mean (i) a written agreement or purchase
order instrument, providing for a total expenditure in excess of twenty five thousand dollars ($25,000),
whereby the District is committed to expend or does expend funds in return for labor, services, supplies,
equipment, materials or any combination of the foregoing, to be performed for, or rendered or furnished
to the District; or (ii) a written agreement in excess of one hundred thousand dollars ($100,000), whereby
APPENDIX F Page 3 of 4
the District is committed to expend or does expend funds for the acquisition, construction, demolition,
replacement, major repair or renovation of real property and improvements thereon. However, the term
“Contract” does not include agreements or orders for the following services: (1) banking services,
insurance policies or contracts, or (2) contracts with for the sale of bonds, notes or other securities.
As used in this Appendix F the term “Contractor” means an individual, business enterprise,
including sole proprietorship, partnership, corporation, not-for-profit corporation, or any other person or
entity, whether a contractor, licensee or any other party, that is (i) a party to a Contract with the District,
(ii) a bidder in connection with the award of a Contract from the District, (iii) a proposed party to a
Contract with the District, but shall not include any Subcontractor, or (iv) a person or firm who will
manage and be responsible for an entire contracted project.
As used in this Appendix F “Documentation Demonstrating Best Efforts to Obtain Certified
Minority or Women-owned Business Enterprises” shall include, but is not limited to the following:
a. Proof of having advertised for bids, where appropriate, in minority publications, trade
newspapers/notices and magazines, trade and union publications, and publications of general
circulation in Nassau County and surrounding areas or having verbally solicited M/WBEs
whom the Contractor reasonably believed might have the qualifications to do the work. A
copy of the advertisement, if used, shall be included to demonstrate that it contained language
indicating that the Contractor welcomed bids and quotes from M/WBE subcontractors. In
addition, proof of the date(s) any such advertisements appeared must be included in the Best
Effort Documentation. If verbal solicitation is used, a Contractor’s affidavit with a notary’s
signature and stamp shall be required as part of the documentation.
b. Proof of having provided reasonable time for M/WBE Subcontractors to respond to bid
opportunities according to industry norms and standards. A chart outlining the schedule/time
frame used to obtain bids from M/WBEs is suggested to be included with the Best Effort
Documentation.
c. Proof of affidavit of follow-up of telephone calls with potential M/WBE subcontractors
encouraging their participation. Telephone logs indicating such action can be included with
the Best Effort Documentation.
d. Proof or affidavit that M/WBE Subcontractors were allowed to review bid specifications,
blue prints and all other bid/RFP related items at no charge to the M/WBEs, other than
reasonable documentation costs incurred by the Contractor that are passed onto the M/WBE.
e. Proof or affidavit that sufficient time prior to making award was allowed for M/WBEs to
participate effectively, to the extent practicable given the timeframe of the Contract.
f. Proof or affidavit that negotiations were held in Best Efforts with interested M/WBEs, and
that M/WBEs were not rejected as unqualified or unacceptable without sound business
reasons based on (1) a thorough investigation of M/WBE qualifications and capabilities
reviewed against industry custom and standards and (2) cost of performance. The basis for
rejecting any M/WBE deemed unqualified by the Contractor shall be included in the Best
Effort Documentation.
APPENDIX F Page 4 of 4
g. If an M/WBE is rejected based on cost, the Contractor must submit a list of all sub-bidders
for each item of work solicited and their bid prices for the work.
h. The conditions of performance expected of Subcontractors by the Contractor must also be
included with the Best Effort Documentation.
i. Contractors may include any other type of documentation they feel necessary to further
demonstrate their Best Efforts regarding their bid documents.
As used in this Appendix F, the term “Subcontract” shall mean an agreement consisting of part or
parts of the contracted work of the Contractor for the District.
As used in this Appendix F, the term “Subcontractor” shall mean a person or firm who performs part
of parts of the contracted work of the Contractor for the District. The work shall include, but not be
limited to, labor, materials and/or supplies, and professional services necessary for a Contractor to fulfill
the obligations of a Contract with the District.
APPENDIX G
CERTIFICATE OF COMPLIANCE WITH NASSAU COUNTY LIVING WAGE LAW
In compliance with Local Law I-2006, as amended, the Contractor hereby certifies the following:
1. The chief executive officer of the Contractor is:
______________________________________________ (Name)
______________________________________________ (Address)
______________________________________________ (Telephone Number)
2. The Contractor agrees to comply with all applicable requirements of the Nassau County
Living Wage Law, and with all applicable federal, state and local laws.
3. In the past five years, Contractor _______________ (name) has not been found by a Court or
a government agency to have violated federal, state, or local laws regulating payment of
wages or benefits, labor relations, or occupational safety and health. If a violation has been
assessed against the Contractor, describe below:
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
4. In the past five years, an administrative proceeding, investigation, or government body-
initiated judicial action, Contractor _______________ (name) has not been commenced
against or relating to the County Contractor. If such a proceeding, action, or investigation has
been commenced, describe below:
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
APPENDIX G Page 2 of 2
_______________________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
5. Contractor agrees to permit access to work sites and relevant payroll records by authorized
District representatives for the purpose of monitoring compliance with the Living Wage Law
and investigating employee complaints of noncompliance.
*****
I hereby certify that I have read the foregoing Certificate of Compliance and, to the best of my
knowledge and belief, it is true, correct and complete. Any statement or representation made herein shall
be accurate and true as of the date stated below.
______________________ Dated
________________________________________ Signature of Chief Executive Officer
____________________________________________
Name of Chief Executive Officer
Sworn to before me this
____ day of _________________, 2014
__________________________________
Notary Public
APPENDIX H IRAN DIVESTMENT ACT COMPLIANCE RIDER FOR SCHOOL DISTRICTS
The Iran Divestment Act of 2012, effective as of April 12, 2012, is codified at State Finance Law (“SFL”)
§165-a and General Municipal Law (“GML”) §103-g. The Iran Divestment Act, with certain exceptions,
prohibits municipalities, including the District, from entering into contracts with persons engaged in
investment activities in the energy sector of Iran. Pursuant to the terms set forth in SFL §165-a and GML
103-g, a person engages in investment activities in the energy sector of Iran if:
a) The person provides goods or services of twenty million dollars or more in the energy sector
of Iran, including a person that provides 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, if that person will use the credit to provide goods
or services in the energy sector in Iran and is identified on a list created pursuant to paragraph
(b) of subdivision three of Section 165-a of the SFL and maintained by the Commissioner of
the Office of General Services.
A bid or proposal shall not be considered for award nor shall any award be made where the bidder
or proposer fails to submit a signed and verified bidder’s certification.
Each bidder or proposer must certify that it is not on the list of entities engaged in investment activities in
Iran created pursuant to paragraph (b) of subdivision 3 of Section 165-a of the SFL. In any case where
the bidder or proposer cannot certify that it is not on such list, the bidder or proposer shall so state and
shall furnish with the bid or proposal a signed statement which sets forth in detail the reasons why such
statement cannot be made. The District may award a bid to a bidder who cannot make the certificate on a
case by case basis if:
1) The investment activities in Iran were made before the effective date of this section (i.e.,
April 12, 2012), the investment activities in Iran have not been expanded or renewed after the
effective date of this section and the person has adopted, publicized and is implementing a
formal plan to cease the investment activities in Iran and to refrain from engaging in any new
investments in Iran; or
2) The District makes a determination that the goods or services are necessary for the District to
perform its functions and that, absent an exemption, the District would be unable to obtain the
goods or services for which the contract is offered. Such determination shall be made in
writing and shall be a public document.
APPENDIX H CERTIFICATION OF COMPLIANCE WITH IRAN DIVESTMENT ACT OF 2012 Page 2 of 2
In accordance with General Municipal Law §103-g, which generally prohibits the District from
entering into contracts with persons engaged in investment activities in the energy sector of Iran, the
bidder/proposer submits the following certification:
{Please Check One}
Proposer’s Certification
By submission of this bid or proposal, each bidder/proposer and each person signing on behalf of
any bidder/proposer certifies, and in the case of a joint bid each party thereto certifies as to its
own organization, under penalty of perjury, that to the best of its knowledge and belief, that each
bidder/proposer is not on the list created by the Office of General Services (OGS) pursuant to
paragraph (b) of subdivision 3 of Section 165-a of the State Financial Law.
I am unable to certify that my name and the name of the bidder/proposer does not appear on the
list created pursuant to paragraph (b) of subdivision 3 of Section 165-aof the State Finance Law.
I have attached a signed statement setting forth in detail why I cannot so certify.
Dated: _____________, New York
______, 2014
____________________________________ Name of Bidder/Proposer
____________________________________ Signature of Authorized Official
____________________________________ Printed or Typed Name of Official and Title
Sworn to before me this
___ day of __________, 2014
______________________________ Notary Public
Dated:
APPENDIX I
CONSULTANT INSURANCE REQUIREMENTS
Thank you for your interest in performing work for the Hempstead Union Free School District. Before
we authorize you to proceed, we need documentation of the following insurance. You may have the
documentation faxed to us at (516) 292-3115. Upon receipt of your fax, we will review the
documentation to insure that it meets our requirements. When we are satisfied, we will give you a notice
to proceed.
I. Notwithstanding any terms, conditions or provisions, in any other writing between the parties, the
contractor/permitted hereby agrees to effectuate the naming of the “Hempstead Union Free
School District” as an unrestricted additional insured on the contractor’s/permittee’s insurance
policies, with the exception of workers’ compensation and professional liability insurance.
II. The policy naming the district as an additional insured shall:
Be an insurance policy from an A.M. Best rated “secured” or better, New York State
admitted insurer;
Provide Hempstead Union Free School District with 30 days notice of cancellation. Such
cancellations notices should be addressed to:
Hempstead Union Free School District
Attn: Assistant Superintendent for Business & Operations
184 Peninsula Blvd.
Hempstead, NY 11550
State that the organization’s coverage shall be primary coverage for the district, its Board,
employees and volunteers;
In addition, the certificate of Insurance shall include a copy of the endorsement granting
additional insured status to the district. If an ISO endorsement is used, the specific
endorsement can be identified on the certificate in lieu of producing the endorsement.
III. The contractor/permittee agrees to indemnify the district for any applicable deductibles.
IV. Required Insurance:
Commercial General Liability Insurance
$1,000,000 per occurrence/$2,000,000 aggregate.
Automobile Liability
$1,000,000 combined single limit for owned, hired and borrowed and non-owned motor
vehicles.
Workers’ Compensation
Statutory Workers’ Compensation and Employers’ Liability Insurance for all employees.
Professional Liability Insurance/Professional Errors & Omissions Insurance
Covering the consultant for errors and omissions resulting from his or her contract with
the District. Coverage shall be in the amount of $1,000,000 per occurrence, $2,000,000
aggregate.
APPENDIX I Page 2 of 2
V. If coverage is provided on a “Claims-Made” basis and a retroactive date is used, the retroactive
date must precede the commencement of work for the district. Coverage shall remain in effect
for two years following the completion of work
VI. Contractor/permittee acknowledges that failure to obtain such insurance on behalf of the district
constitutes a material breach of contract and subjects it to liability for damages, indemnification
and all other legal remedies available to the District. The contractor/permittee is to provide the
District with a certificate of insurance, evidencing the above requirements have been met, prior to
the commencement of work or use of facilities.
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SUBMITTED BY: _________________________________
(Applicant Firm’s Name)
APPROVED AND SUBMITTED BY: ______________________________________
(Signature)
PRINT NAME: __________________________________ DATE: _____________
APPENDIX J FINANCIAL STATEMENT OF THE APPLICANT
Applicants shall submit the most recent financial statement for the company.
The District reserves the right to use third party companies to verify financial information
provided. In addition, Hempstead School District may make such investigations it deems necessary to
determine the ability of the Proposer to perform the work.
The proposer shall furnish to the District within five (5) days of a request, all such information
and data for this purpose as may be requested.
The District reserves the right to reject any proposal if the information submitted by, or
investigation of, such Proposer fails to satisfy the District that such proposer is properly qualified to carry
out the obligations of the contract and to complete the work contemplated therein.
Conditional Proposals will not be accepted.
[Remainder of page is intentionally left blank until signature block below]
SUBMITTED BY: _________________________________
(Applicant Firm’s Name)
APPROVED AND SUBMITTED BY: ______________________________________
(Signature)
PRINT NAME: __________________________________ DATE: _____________
APPENDIX K ACKNOWLEDGMENT OF FREEDOM OF INFORMATION LAW DISCLOSURE
The New York State Freedom of Information Law, as set forth in Public Officers Law, Article 6,
Sections84-90, 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 the information submitted in their proposals is
protected from disclosure under the New York Freedom of Information Law must 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 DISCLOSRUE
UNDER THE STATE FREEDOM OF INFORMATION LAW.” Notwithstanding such designation, the
Proposer, by submitting its bid to the District, assumes the risk that such information may be disclosed,
whether inadvertently or as may be required by the proposal process, to persons who may gain access to
such information and may not keep it confidential.
The District assumes no liability for disclosure of information so identified, provided that the
District has made a good faith effort to protect same from disclosure, or where the District has made a
good faith legal determination that the information is not protected under applicable law or where
disclosure is required to comply with an order or judgment of a court of competent jurisdiction.
[Remainder of page is intentionally left blank until signature block below]
SUBMITTED BY: _________________________________
(Applicant Firm’s Name)
APPROVED AND SUBMITTED BY: ______________________________________
(Signature)
PRINT NAME: __________________________________ DATE: _____________
APPENDIX L ACKNOWLEDGMENT OF DISTRICT’S RIGHT TO REJECT REQUESTS FOR PROPOSAL
Each Applicant acknowledges that:
1. The District reserves the right to reject, without prejudice, any and all proposals received under
this Request for Proposal. This RFP does not commit the District to award a contract, or to procure, or to
contract for services or supplies.
2. Notwithstanding any other provisions of this RFP, the District reserves the right to award a
contract for the work covered by this RFP to the Applicant, or portions of the work covered by this RFP
to Applicants, who best meet the requirements of the RFP, and not necessarily to the lowest cost
Applicant. The District reserves the right to accept or reject any or all proposals received as a result of
this RFP; to negotiate with all qualified Applicants; and/or to cancel in whole or in part this RFP, if such
cancellation is in the interests of the District to so do, as determined by the District, in its sole discretion.
3. Amendments to this RFP may be necessary prior to the closing date and will be furnished by mail
to all prospective Proposers who have requested these materials.
4. The District intends to enter into contract negotiations with the Applicants recommended by the
Superintendent and/or selected by the BOE, who shall be required to enter into a written contract with the
District in a form approved by legal counsel for the District. The applicant acknowledges disclosure that:
a. The contract usually includes, without limitation, the standard clauses set forth in Appendix
E attached hereto. This RFP and the proposal, or any part thereof, may be incorporated into
and made a part of the contract. The contract may contain provisions not contained herein.
b. The District reserves the right to negotiate the terms and conditions of the contract with the
selected Applicant(s), if any. These negotiations could include all aspects of services and
fees.
c. The District may require the Applicant(s) selected to receive an award of a contract for the
work covered by this RFP to the Applicant, or portions of the work covered by this RFP, to
participate in negotiation and to submit any price, technical information, revisions or
alternates for parts or all of its/their proposals as may result from negotiations
d. Neither the selection of an Applicant nor the negotiation of the contract with such
Applicant(s) shall constitute the District’s acceptance of the proposal or a binding
commitment on behalf of the District to enter into a contract with such Applicant(s), as any
binding arrangement must be set forth in the contract signed by both parties and is subject to
all requisite approvals.
5. Even if the District awards a contract for the work covered by this RFP to an Applicant, or
portions of the work covered by this RFP to multiple Applicants, such award does not guarantee that a
certain amount of work shall be given to the Applicant(s) to perform for the District before the District
may terminate the contract or elect not to proceed with the Work covered by such contract. The District
reserves the right, even after a contract is entered into with an Applicant, to cancel the contract, in whole
or in part, if such cancellation is in the interests of the District to so do, as determined by the District, in
its sole discretion
SUBMITTED BY: _________________________________
(Applicant Firm’s Name)
APPROVED AND SUBMITTED BY: ______________________________________
(Signature)
PRINT NAME: __________________________________ DATE: _____________
APPENDIX M
TERM OF CONTRACT & EARLY TERMINATION
The Applicant acknowledges that, if a Contract is awarded to the Applicant as the successful Bidder, then
the following terms be deemed incorporated into said Contract:
1. This agreement may be terminated upon written notice by the District at any time during
the term of said agreement for any cause whatsoever with the fee due and owing the successful contractor
to be prorated based on the period of time the agreement was in force and effect up to and including the
date of termination.
2. The District reserves the right to terminate the contract without cause upon thirty (30)
days written notice to the contractor.
3. No contract becomes binding until the necessary funds have been approved.
4. The services to be provided to the District under proposal will be utilized on an “as-
needed” basis. There is no guarantee that any/all of the services listed will be utilized. Nor is there any
guarantee that the District will not use any other service provider to render the services that the consultant
may be called upon to supply to the District. This is not an exclusive service provider contract.
5. Any contract agreed to under this Request for Proposal (RFP) is subject to termination by
District sooner than upon thirty (30) days written notice, if the District has cause for such termination.
6. In the event of termination of the contract by the District, even if the District is found to
have wrongfully terminated the Contract for cause, then unless otherwise provided in the Contract
between the District and the contractor, the District’s maximum exposure shall be (1) the responsibility to
pay for unpaid services performed and authorized costs incurred by the Contractor up to the date of
termination, plus (2) the average monthly cost of the Contractor’s services to the District prior to such
termination, for the thirty (30) days notice period that the Contractor would have been given had such
termination been “for the District’s convenience” or “for any reason or no reason at all.”
[Remainder of page is intentionally left blank until signature block below]
SUBMITTED BY: _________________________________
(Applicant Firm’s Name)
APPROVED AND SUBMITTED BY: ______________________________________
(Signature)
PRINT NAME: __________________________________ DATE: _____________
APPENDIX N
SIGNATURE PAGE
IT IS UNDERSTOOD THAT THIS REQUEST FOR PROPOSAL (RFP) IS
SUBJECT TO THE APPROVAL OF THE BOARD OF EDUCATION
WITHIN 90 DAYS AFTER THE OPENING
COMPANY NAME _________________________________________
ADDRESS _________________________________________________
PHONE NUMBER __________________________________________
SIGNATURE _______________________________________________
TITLE _____________________________________________________
DATE ______________________________________________________