request for proposal (rfp) - hempstead ps · a. establish and document project requirements ... the...

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

mailto:[email protected]


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.



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;



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


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


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: _________________________________



(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 ____________________________

_________________________________________________________________


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.


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 _______________________________________________________________

*****


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 _______________________________________________________________


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 _______________________________________________________________


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?


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?


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.


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 __


c. Is there any administrative charge pending against you? No __ Yes __


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 __


e. In the past 5 years, have you been convicted, after trial or by plea, of a

misdemeanor? No __ Yes __


f. In the past 5 years, have you been found in violation of any administrative or

statutory charges? No __ Yes __



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 __


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 __


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 __


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 __



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.


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.


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.


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


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.


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.

[Remainder of page is intentionally left blank until signature block below]

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.


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.


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: _________________________________



(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.”


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 ______________________________________________________