EQUAL OPPORTUNITY EMPLOYMENT/NONDISCRIMINATION POLICY
It is the policy of the Ingham County Board of Commissioners that all vendors who provide goods and services to Ingham County government by contract, shall, as a condition of providing goods and services, adhere to all Federal, State and local laws, ordinances, rules and regulations, and policies, if applicable, prohibiting discrimination in regard to persons to be served and employees and applicants for employment including, but not limited to, the following:
1. The Elliott Larsen Civil Rights Act, 1976 PA 453, as amended.
2. The Persons with Disabilities Civil Rights Act, 1976 PA 220, as amended.
3. Section 504 of the Federal Rehabilitation Act of 1973, PL 93-112, 87 Stat 355, as amended, and rules adopted thereunder.
4. The Americans with Disabilities Act of 1990, PL 101-336, 104 Stat 327 (42 § 12101 et seq.), as amended, and regulations promulgated thereunder.
Furthermore, the vendor who is selected as the Contractor, as a condition of providing goods and services, as
required by law, shall not discriminate against an employee or applicant for employment with respect to hire, tenure,
terms, conditions or privilege of employment, or a matter directly or indirectly related to employment because of race,
color, religion, sex, sexual orientation, gender identity, national origin, disability, height, weight, marital status, age
or political affiliation (except where age, sex or lack of disability constitutes is a bona fide occupational qualification).
Where there has been a conclusive finding that a vendor has violated Federal, State or local equal opportunity
statutes, ordinances, rules/regulations, or policies, that vendor shall be barred from providing goods and services to
Ingham County for five (5) years from the date that a determination of the violation has been made in accordance with
applicable statutes, ordinances, rules/regulations, or policies or from the date that such determination becomes known, unless a specific exemption is granted by the Board of Commissioners.
Any violation of Federal, State, or local equal opportunity statutes, ordinances, rules/regulations, or policies during
the course of time during which the vendor is providing goods or services to the County shall be regarded as a
material breach of any contract between the County and the vendor, and the County may terminate such contract effective as of the date of delivery of written notification to the vendor.
Any employee of a vendor providing goods and services by contract to the County, or any employee of a
subcontractor of a vendor providing goods and services to the County by contract, or any bona fide organization
representing such employees may file a written complaint with the Board or its designated agent, if any, challenging
the compliance by a vendor with the terms of this policy, the Board or its designated agent shall then conduct an
investigation to determine whether the policy has been violated.
Any vendor found to have retaliated in violation of a Federal or State law against an employee for filing a claim of violation of Federal, State, or local equal opportunity statutes, ordinances, rules/regulations, or policies shall be ineligible to provide any goods or services to Ingham County government for a period of five (5) years from the date of such finding.
WORKPLACE DIVERSITY
Ingham County encourages, but in no way requires, its vendors to develop and maintain a diverse workforce that is reflective of the population of Ingham County. According to the U.S. Census Bureau, the statistics of Ingham County's population in 2010 was comprised of the following:
A. White persons - 76.2%
B. Black or African American persons - 11.8%
C. American Indian and Alaska Native persons - 0.6%
D. Asian persons - 5.2%
E. Native Hawaiian and other Pacific Islander - 0.1%
F. Persons of Hispanic or Latino origin - 7.3%
Ingham County tracks vendor diversity information for statistical purposes with companies with which it does business. Reporting of this information to the County is optional and not all companies participate. Statistical information regarding workplace diversity is submitted to the County in a separate sealed envelope containing the notation "STATISTICAL INFORMATION-NOT TO BE OPENED UNTIL AFTER THE AWARD OF THE CONTRACT." Upon receipt of these separate sealed envelops, the Purchasing Department segregates the envelopes from the other bidding documentation. The envelopes containing the statistical information are not opened until the award of the contract, and are not considered, in any way, in the award of the contract.
Local Purchasing Preference Policy
The Ingham County Board of Commissioners (BOC) believes that its purchasing policies should encourage local vendors to provide goods and/or services to Ingham County government, resulting in increased economic activity through more local jobs, tax revenues, and expenditures, and to entice business relocations to the County. As such, in 2005, the BOC amending its purchasing policies to include a purchasing preference to qualified and registered local vendors who respond to formal bids or proposals for the purchase of goods and/or supplies, issued by the Ingham County Purchasing Department. In 2010, the BOC amended the policy to be within 10% of the lowest responsive bid as outlined below.
A “local vendor” is defined as a vendor that operates a business within the legally defined boundaries of Ingham County. To be considered a local vendor, the vendor must provide a verifiable business address (not a PO Box) at which business is being conducted. The vendor must also agree to comply with all other policies and requirements of the County.
The policy works by allowing a local vendor who submits a responsive bid that is within 10% of the lowest responsive bid to reduce its bid to meet the lowest responsive bid, and in doing so, be considered the lowest responsive bidder and awarded the contract, provided however, that the initial lowest responsive bid is not from another local vendor.
Where a local vendor submits a responsive proposal which includes a cost proposal which is within 10% of the cost of the lowest responsive proposal, shall be given the opportunity to reduce its proposed cost to meet the cost of lowest responsive proposal, and upon doing so, the proposal shall be evaluated as having a cost component which is the lowest; provided however, that the initial lowest responsive proposal is not from another local vendor. Having the lowest cost proposal, however, does not necessarily result in the award of the proposal, because of other factors also being evaluated.
For more information about the Ingham County Local Purchasing Preference Policy, click on “Policies” on the right frame.
ESCALATION CLAUSE
· The Ingham County Board of Commissioners (Board) recognizes the current difficult economic conditions and the subsequent minimal cost of living increases received by County employees. As such, Contractors should fully understand that proposed contracts with cost increases greater than 1% will receive extra scrutiny from the Board
and may be rejected and rebid.
· Price adjustments may be requested pursuant to the terms of the contract; however, the Contractor must notify the County within ninety (90) days prior to the current term’s expiration date.
· Prior to commencement of subsequent renewal terms, the County may entertain a request for escalation in accordance with the current Consumer Price Index (CPI) at the time of the request or up to a maximum 1% increase on the current pricing, whichever is lower. For purposes of this section, “Consumer Price Index” shall mean the Consumer Price Index-All Urban Consumers-United Stated Average-All Items (CPI-U), as published by the United States Department of Labor, Bureau of Labor Statistics.
· The County reserves the right to accept or reject the request for a price increase. If the price increase is approved, the price will remain firm for one (1) year from the date of the increase or whatever term was previously authorized by the Board.
LIVING WAGE
A. Overview of Living Wage: vendors contracting with the County primarily to perform services are required to pay
their employees a "living wage" if the following two (2) conditions apply:
1. The total expenditure of the contract or the total value of all contracts the vendor has with the County exceeds
$ 50,000 in a twelve-month calendar; and,
2. The vendor employs five (5) or more employees.
Subcontractors providing services to the County who employs five (5) or more employees and where the total value of the contract(s) exceeds $ 25,000 are also required to pay a "living wage".
B. Living Wage Defined: an hourly wage rate which is equivalent to 125% of the federal poverty level. For 2012, the "living wage" is $ 14.42 per hour. Twenty percent of the "living wage" costs paid by the employer can be for an employee's health care benefits. This wage rate applies to part and full-time employees who work on County
contracts.
C. Living Wage Exemptions: the following group of vendors and special conditions are exempted from paying "living wages":
1. Public Entities
2. Entities with 501(c)(3) status who have nine (9) or fewer employees.
3. Employees working under the terms of a collective bargaining agreement.
4. Contracts where County policy requires the payment of prevailing wages (construction contracts).
5. Programs designed specifically for high school and/or college students such as a bona fide training, summer or youth employment, work study, volunteer/public service, or internship programs.
6. Co-op employees employed as part of a high school or college co-op program which is part of the employee's educational curricula.
7. Programs which operate to train people with disabilities and which are designated as community rehabilitation programs, work activity centers and/or sheltered workshops.
8. Temporary or seasonal employees.
FAQ's about living wage in Ingham County
INSURANCE REQUIREMENTS
1. Standard Insurance Requirements –Includes Service Contracts1 at any level and Low2 to Medium Hazard3 Construction Contracts < $250,000:
The Contractor, and any and all of his/her subcontractors, shall not commence work under this contract until he/she has obtained the insurance required under this paragraph and any subsequent contract. All coverages shall be with insurance companies licensed and admitted to do business in the State of Michigan. All coverages shall be with insurance carriers acceptable to the County of Ingham and rated A+ (Superior) or A or A- (Excellent) by the A.M. Best Company (www.ambest.com).
a) Worker's Compensation Insurance: The Contractor shall procure and maintain during the life of this contract, Workers’ Compensation Insurance, including Employers Liability Coverage, in accordance with all applicable
Statutes of the State of Michigan.
b) Commercial General Liability Insurance: The Contractor shall procure and maintain during the life of this contract, Commercial General Liability Insurance on an “Occurrence Basis” with limits of liability not less than $1,000,000 per occurrence and/or aggregate combined single limit for Personal Injury, Bodily Injury and Property Damage. Coverage shall include the following extensions: (A) Contractual Liability; (B) Products and Completed Operations; (C) Independent Contractors Coverage; (D) Broad Form General Liability Extensions or equivalent, if not already included; (E) Deletion of all Explosion, Collapse, and Underground (XCU) Exclusions, if applicable; (F) Per contract aggregate.
c) Motor Vehicle Liability Insurance: The Contractor shall procure and maintain during the life of this contract, Motor Vehicle Liability Insurance, including applicable No-Fault coverages, with limits of liability of not less than $1,000,000 per occurrence combined single limit for Bodily Injury and Property Damage. Coverage shall include all owned vehicles, all non-owned vehicles and all hired vehicles.
d) Additional Insured: Commercial General Liability and Vehicle Liability, as described above, shall include an endorsement stating the following shall be “Additional Insureds: The County of Ingham, including all elected and appointed officials, all employees and volunteers, all boards, commissions and/or authorities and their board members, including employees, and volunteers thereof.
The coverage shall be primary to the Additional Insureds, and not contributing with any other insurance or similar protection available to the Additional Insureds, whether other available coverage is primary, contributing or excess.”
e) Cancellation Notice: All insurances described above shall include an endorsement stating the following: “It is expressly understood and agreed that the Contractor shall provide thirty (30) days advanced written notice of cancellation, non-renewal, reduction and/or material change in any of the Contractor's insurance coverages to Ingham County Purchasing Department, P.O. Box 319, Mason, Michigan 48854.”
f) Proof of Insurance: The Contractor shall provide the County of Ingham at the time the contracts are returned by him/her for execution, two (2) copies of the aforementioned Certificates of Insurance and/ Policies, acceptable to the County. If so requested, certified copies of all policies will be furnished. The Contractor shall provide the County evidence that all subcontractors are included under the contractor’s policy.
If any of the above coverages expire during the term of this contract, the Contractor shall deliver renewal certificates and/or policies to the County of Ingham at least ten (10) days prior to the expiration date.
2. Insurance Requirements for Low2 to Medium Hazard3 Construction Contracts $250,000 to $500,000, in addition to the standard insurance listed above, requires the following increases in liability coverage:
a) Commercial General Liability from $1,000,000 to $2,000,000.
b) Motor Vehicle Liability from $1,000,000 to $2,000,000.
3. Insurance Requirements for Low2 to Medium Hazard3 Construction Contracts > $500,000, in addition to the standard insurance listed above, requires the following increases in liability coverage:
a) Commercial General Liability from $1,000,000 to $3,000,000.
b) Motor Vehicle Liability from $1,000,000 to $3,000,000.
4. Insurance Requirements for High4 or Special Hazard5 Construction Contracts at any dollar level:
a) The County’s Risk Manager and/or Legal Counsel will be consulted to achieve proper protection for these types of contracts.
b) Under certain circumstances, the Contractor shall be required to procure and maintain during the life of the contract, a separate Owners and Protective Liability (OCP) Policy with limits of liability not less than $________ (To Be Determined) per occurrence and aggregate. The County shall be “Named Insured” on said coverage. Thirty (30) days Notice of Cancellation shall apply to this policy.
5. Supply Contracts6 at any dollar level, requires the above listed standard insurance with the following changes:
a) Commercial General Liability, including Products and Completed Operations and Contractual Liability; occurrence based coverage only.
6. Professional Services Contracts7 at any dollar level, in addition to the standard insurance listed above, requires the following additional liability coverage:
a) Professional Liability/Errors and Omissions Insurance: The Contractor shall procure and maintain during the life of this contract, Professional Liability insurance in an amount not less than $1,000,000 per occurrence and aggregate. If this policy is Claims Made Form, then the Contractor shall be required to keep the policy in force, or purchase “tail” coverage, for a minimum of three (3) years after the termination of this contract.
Definitions:
1Service Providers – Vendors who have a fairly high labor factor in their work with the County. Examples include accounting firms, law firms, consultants, vending services, and caterers. Certain service contracts, for example, tree trimming/removal may require additional liability coverage.
2Low Hazard – Artisan-type contractors such as carpenters, plumbers (no more than digging or trenching 6” deep), painters, and small repair or service type contractors.
3Medium Hazard – Roofers, plumbing with minor digging, cement contractors, grading, landscapers, building maintenance/cleaning contractors and brick layers.
4High Hazard – Excavation and underground contractors, road contractors, erection and welding projects, all building, parks and recreation playgrounds construction and renovation, and all infrastructure construction and renovation.
5Special Hazard – Includes major building projects, major infrastructure projects, contracts involving environmental and asbestos exposures and similar extra-high hazard operations.
6Supply Vendors – Vendors that have little or no labor factor in their sale to the County. Examples include office supplies, furniture and fixtures, and materials that are consumed within a short period of time.
7Professional Services Contracts – Includes architects, engineers, CPAs, medical professionals, and legal firms.
INDEMNIFICATION AND HOLD HARMLESS
The Contractor whose proposal is accepted must agree to the following indemnification and hold harmless responsibilities:
The Contractor shall, at its own expense, protect, defend, indemnify, and hold harmless Ingham County, its elected and appointed officers, employees and agents from all claims, damages (including, but not limited to direct, indirect, incidental, consequential, special and punitive damages), costs, lawsuits and expenses including, but not limited to, all costs from administrative proceedings, court costs and attorney fees, that they may incur as a result of any acts, omissions or negligence of the selected firm, its employees or agents or its subcontractors of sub- subcontractors, or any of their officers, employees or agents which may arise out of the contract.
The Contractor’s indemnification responsibilities shall include the sum of damages, costs and expenses which are in excess of the sum paid out on behalf of or reimbursed to Ingham County, or its elected and appointed officers, employees, agents or by the insurance coverage obtained and/or maintained by the selected firm pursuant to the requirements of this RFP and the contract entered into.
RIGHT OF REJECTION
The County reserves the right to reject any or all bids/proposals, to waive informalities or irregularities in bids/proposals, and/or to negotiate separately the terms and conditions of all or any part of the bids/proposals as determined to be in the County's best interests at its sole discretion.
STANDARD FORMS
Any preprinted contract forms the vendor proposes to include as part of the contract resulting from a bid/proposal must be submitted as part of the bid/proposal. Any standard contract provisions not submitted as part of the bid/proposal and subsequently presented for inclusion may be rejected. The County reserves the right to accept or reject in whole or in part any form contract submitted by a vendor and/or to require that amendments be made thereto, or that an agreement drafted by the County be utilized.
ADVICE OF OMISSION OR MISSTATEMENT
In the event it is evident to a vendor responding to an RFP/ITB that the County has omitted or misstated a material requirement to an RFP/ITB and/or the services required by an RFP/ITB, the responding vendor shall advise the Purchasing Department at (517) 676-7222 of such omission or misstatement.
COST OF PREPARATION
The County will not pay any costs incurred in the bid/proposal preparation, printing or demonstration process. All costs shall be borne by the vendors.
NOTIFICATION OF WITHDRAWAL OF BID
Bids/proposals may be withdrawn prior to the date and time specified for bid/proposal submission with a formal written notice by an authorized representative of the vendors. Bids/proposals submitted will become the property of the County after the bid/proposal submission deadline.
APPLICABLE LAW AND VENUE
This agreement shall be construed according to the laws of the State of Michigan. The County and the Contractor agree that the venue for the bringing of any legal or equitable action under this agreement shall be established in accordance with the statues of the State of Michigan and/or Michigan Court Rules. In the event that any action is brought under this agreement in Federal Court, the venue for such action shall be the Federal Judicial District of Michigan, Western District, Southern Division.
COMPLIANCE WITH THE LAW
Vendors shall render the services to be provided pursuant to this agreement in compliance with all applicable Federal, State, and local laws, ordinances, rules, and regulations.
RIGHTS TO PERTINENT MATERIALS
All responses, inquires, and correspondence relating to an RFP/ITB and all reports, charts, displays, schedules, exhibits and other documentation produced by the vendors that are submitted as part of the bid/proposal shall become the property of the County after the bid/proposal submission deadline.
PRE-OPENING INQUIRES/RESPONSE
Any explanation desired by a prospective vendor regarding the meaning or interpretation of a RFP/ITB and attachments must be requested in writing and presented to the Ingham County Purchasing Department. Written requests may either be mailed, faxed to (517) 676-7230.
All responses shall be in writing and shall be furnished to all prospective vendors as an amendment to the RFP/ITB. Receipt of all amendments shall be acknowledged upon the bid/proposal by attachment at the time of the submission of the bid/proposal. All amendments shall be signed and dated by the vendor. No oral explanation or instruction of any kind or nature whatsoever given before the award of a contract to a bidder shall be binding.
TAXES
Ingham County does not pay Federal excise and State sales taxes. Our tax exemption number is 38-6005629 and is also stipulated on all our Purchase Orders. Exemption Certificate, and Michigan Sales and Use Tax Certificate of Exemption are both available through this website under "Forms".
BASIS FOR AWARD
Information and/or factors gathered during interviews, negotiations and any reference checks, and any other information or factors deemed relevant by the County, shall be utilized in the final award. The final award of a contract is subject to approval by the Ingham County Board of Commissioners.
BOND REQUIREMENTS
Any proposal that is in excess of $50,000.00, if awarded will be required to provide 100 percent of the contract amount coverage in Performance Bond and Payment Bond as required by Public Act 1963, #213. The bond must be with surety companies satisfactory to Ingham County and who are listed in the Federal Register as published by the U.S. Department of Treasury under the most recently revised Circular 570. In addition, each surety company shall be admitted and licensed to do business in the State of Michigan by the Michigan Department of Labor and Economic Growth Office of Finance and Insurance and have a minimum A.M. Best Company's Insurance Report Rating of A or A- (Excellent).
PREVAILING WAGE
It is the policy of Ingham County to require the payment of prevailing wages on any construction contract exceeding $10,000 as determined by using the wage guidelines promulgated by the U.S. Secretary of Labor pursuant to the Davis-Bacon Act. The Prevailing Wage rates for construction projects are included in the bid packets. Construction contractors should be aware of the following:
A. The awarded Contractor is required to submit timely and weekly Certified Payrolls for all periods worked on said project to the Purchasing Department, 121 E. Maple St., Mason, MI 48854, Attention: James Hudgins, Director of Purchasing.
B. It is the responsibility of the Contractor to notify its subcontractors that said project requires the payment of prevailing wages.
C. It is the responsibility of the Contractor to supply its subcontractors with the prevailing wage rate schedule that is included in the solicitation.
D. Prevailing wage compliance will be monitored by the Ingham County Purchasing Department and Michigan Fair Contracting Center (MFCC).
E. When required, Compliance Monitors will conduct brief interviews with workers throughout the duration of said project.
F. Workers will be informed of the prevailing wage rates during the interview. Workers will be asked if they are receiving the correct pay, fringe benefits, and overtime as required by the County of Ingham.
G. Workers may be asked to show the Compliance Monitor a paycheck stub on a periodic basis to verify fringe benefit breakdowns and the actual rate of pay received by the worker, including overtime.
H. The Contractor shall provide the appropriate ratio of Journeymen to Apprentice workers as determined by the U.S. Department of Labor, Bureau of Apprentice Training. The ratio will be monitored through worker interviews. Workers may be asked to provide their Apprentice or Journeymen cards to verify their status.
I. When requested, the Contractor and its sub-contractors shall provide the appropriate apprentice level on the Certified Payroll Form.
J. When requested, the Contractor and its sub-contractors shall submit a detailed breakdown of all fringe benefits paid to their employees for all work on County construction projects.
Energy Star Compliant Preference Policy
Ingham County is committed to purchasing products that have earned the Energy Star label, and have meet the Energy Star specifications for energy efficiency, wherever possible and practical. All vendors are encouraged to visit www.energystar.gov for complete product specifications and updated lists of qualifying products.