Request for Proposals (RFP) for Consultant Services for Analysis of Yard Waste/Organics Management System Options Issued by: Washington County Department of Public Health and Environment

Date: September 9, 2015

The issuance of this RFP constitutes only an invitation to submit a Proposal to the COUNTY. It is not to be construed as an official and customary request for bids, but as a means by which the COUNTY can facilitate the acquisition of information related to the purchase of consulting services. Any Proposal submitted, as provided herein, constitutes an indication to negotiate and NOT A BID. Proposal will be accepted no later than 4:00 p.m. Central Daylight Time (CDT) on or before Friday, October 9, 2015. Telephone calls will not be accepted regarding this Request for Proposals.

Contents Introduction ..................................................................................................................... 3 Description of Washington County............................................................................... 3 Purpose of RFP ........................................................................................................... 3 Project Background ..................................................................................................... 3 SCOPE OF SERVICES ............................................................................................... 4 General Information......................................................................................................... 6 Anticipated Schedule of Events ................................................................................... 6 RFP Questions and Clarifications ................................................................................ 6 RFP Amendment ......................................................................................................... 7 Proposal Submission ................................................................................................... 7 Public Records ............................................................................................................ 8 Ownership of Materials Submitted ............................................................................... 8 Contract ....................................................................................................................... 8 Use of Proposal Ideas ................................................................................................. 8 Overall Cost ................................................................................................................. 8 Proposal Costs ............................................................................................................ 8 Project Budget ............................................................................................................. 9 RFP Response Format.................................................................................................... 9 Proposal Evaluation ...................................................................................................... 10 Contracting Terms ......................................................................................................... 11 Exhibit A ........................................................................................................................ 16

Introduction Description of Washington County Washington County is located on the eastern edge of the Twin Cities Metropolitan area and is composed of 423 square miles of land. The county seat is located in Stillwater, Minnesota, along the scenic St. Croix River. The Washington County Department of Public Health and Environment is the issuing entity for the Request for Proposals (RFP). The Department’s mission is to protect, promote, and improve the community’s health and the environment. In addition to providing individual and family health services, disease prevention services, WIC services, and community public health support, PHE provides environmental services including but not limited to waste management services.

Purpose of RFP The county requests proposals from qualified consulting firms to evaluate the best options for a yard waste management system for the county. The county is in the process of determining its role in a county-wide system. The project purpose is to provide an overview and analysis of major components of potential yard waste collection and management options for the county and to provide recommendations for the county to develop one or some of the options identified.

Project Background Yard waste and brush is banned from Mixed Municipal Solid Waste (MSW) and landfills (Minnesota Statute115A.931). The county operated yard waste compost sites starting in 1984 with up to seven (7) sites in operation until 1992 when operations passed to municipalities and/or private yard waste collection began. Municipalities may not want to continue providing this service. Washington County’s current Waste Management Master Plan (Plan) 2012-2030 limits the county’s role in yard waste management to providing technical assistance to residents and municipalities. Any new policy direction from this evaluation would be considered in the county’s next master plan revision starting in 2017. In addition, since the development of the county’s current waste plan, in 2014 Minnesota State law established a new 75% percent recycling and composting goal by 2030 for St. Paul/Minneapolis Twin Cities Metro Area, which includes Washington County (Minnesota Statute 115A.551). Yard waste and brush disposal opportunities for county residents are currently limited. A number of long running privately operated yard waste drop-off sites that were open to all county residents have closed. In addition, some waste haulers now provide curbside collection of yard waste in select communities, but with limitations on how much can be collected curbside. Sites open to all residents are located in the southern part of the county making service availability more favorable to residents in that part of the county.

The county currently has five (5) municipal operated yard waste sites (service open only to its residents). Three (3) privately run sites are open to all county residents, but not in or near communities without a municipally operated site. Neighboring counties in the St. Paul/Minneapolis Twin Cities Metro Area provide yard waste services in a number of ways. These include promotion of yard waste opportunities, financial and technical assistance, co-ownership and/or co-operations, ownership only where needed, or full ownership and operation. This evaluation is intended to provide the county with adequate information to make a policy decision for management of residential yard waste. However, the county desires to obtain a full understanding of the yard waste collection and management system in place including operations and facilities that serve commercial yard and tree waste services. For the purpose of this project, yard waste is as defined by Minnesota Statue 115A.03 Subd.38 which includes garden wastes, leaves, lawn cuttings, weeds, shrubs, and tree waste, and prunings. And based on the county’s Solid Waste Management Ordinance No.114, this can include brush (4” diameter or less). This may also include holiday trees or other materials depending on contractor recommendations.

SCOPE OF SERVICES The work performed should include the tasks listed in this section. The county is open to considering other approaches and tasks, provided they achieve the project objectives, and receive prior approval from county staff before implementing. The contractor will be expected to perform the following work where applicable: 1. Review and summarize the current yard waste management system in the county and other Twin Cities metro area counties for residential and commercial collection and processing. a. Using GIS mapping, determine drive time availability of existing yard waste collection locations to confirm existing gaps in yard waste management opportunities to residents by municipality. b. Determine how residents currently pay for drop off or curbside options and average cost of service. c. Calculate current and estimated potential yard waste generation by communities. d. Calculate potential amounts of other organic materials that could be incorporated into a yard waste management system (food waste, compostable paper, yard trimmings and categorize amounts in low, medium, high ranges). e. Calculate the percent of the county’s total waste generated impacted by targeting current and potential materials as identified in c and d. 2. Provide an overview of yard waste management service options that would be applicable to Washington County. Conduct primary research on other similar efforts in Minnesota and nationwide. 3. Describe and validate evaluation criteria for the county to consider in deciding best options, including, but not limited to:

a. b. c. d. e. f. g. h. i.

Convenience metrics such as drive time and service hours, Materials to be collected, Cost and methods of payment (e.g. fees, taxes), Potential for receiving organic materials, Potential for receiving other solid waste materials, Ownership and operation considerations, Contract considerations, Service model, and Legal aspects including statutory mandates and ordinances.

4. Propose yard waste management service options for the county to consider including, but not limited to: a. County owned and operated site(s) that may include transfer site, processing site, etc. b. County contracted with privately operated site(s) or municipalities, and c. Partnerships or efficiencies with other counties, cities, private sector, etc. 5. Provide recommendations for each proposed service option, including where applicable: a. Scope of materials and opportunities for other organic materials, b. Material collection and transportation , c. Ownership and operation, d. Updates that may be needed to ordinances at city/township level, county level to reflect possible impacts from a county implemented program , e. Future contract procurement considerations – inter-municipal agreements, shared planning efforts, shared land and land procurement, shared staff, shared costs, shared education and promotion, pilot, length of contract, f. Determine potential hours of service and materials accepted, fees charged, g. Estimated future education and promotional needs, and h. Yard waste processing end sites that should be considered for the county’s material 6. For each option, provide at a minimum: a. A macro-economic summary of estimated program and operation costs b. Estimate of resources needed i. staff, ii. equipment, iii. land requirements/space/ criteria, iv. possible sites in county c. Identification of permitting issues, consider co-collection with SSO, space needs, amounts estimated d. Identification of the stakeholders impacted with each option and possible negative or positive impacts and recommend best ways to obtain input. e. Description of environmental benefits f. Impacts in obtaining 75% recycling goal g. Performance measures to identify a successful program such as: i. Progress toward reaching 75% recycling goal ii. All residents have access to options based on various parameters (distance, availability, etc.) 7. Develop and provide a written draft of the project for county review and comment and a final report. 8. Facilitate meetings with county staff and provide project status updates.

9. If needed, assist in preparing and presenting the evaluation to the County Board of Commissioners. Potentially attend up to two meetings with the Board of Commissioners. The county will provide the following to the select contractor: • Metro county yard waste and/or compost site information including: site name, owner, operator, composting on or off-site, materials accepted • Metro county yard waste operations: annual budget, staffing, # of county owned or privately owned sites, ownership, operation, site capacity, site demand, delivery method to end composting facilities, cities with yard waste collection, hauler collection method • Washington County municipalities: contract or open waste hauling system, contract or open recycling system, curbside hauler yard waste service • Gather input from stakeholders considering recommendations from selected contractor. • IT support for development of GIS mapping Estimated due date for consultant report: February 2016 County staff will coordinate efforts and activities of this project throughout the contract period. The consultant will provide a cost estimate for each project step and obtain the county’s approval before commencing work at each step. The consultant could be one firm/organization, or it could be a consultant team with a primary contractor and one or more subcontractors. Potential subcontractors will be allowed to be part of more than one proposer team. The selected consultant will need to be able to respond effectively in a timely manner to the needs of the county.

General Information Anticipated Schedule of Events RFP released to Vendors RFP Q&A period ends 4:30 pm CDT RFP Q&A published RFP responses due by 4:00 pm CDT Completion of Proposal Evaluations Completion of Contract Negotiations/Execute Contract Contract Term Begins Contract Term Ends

September 9, 2015 September 30, 2015 October 5, 2015 October 9, 2015 October 23, 2015 November 13, 2015 November 13, 2015 December 31, 2016

The county reserves the right to change the dates as required.

RFP Questions and Clarifications Inquiries concerning any aspect of this RFP should be in writing and submitted by postal service or email. The closing date for receipt of questions is 4:30 PM CDT on September 30, 2015. Questions received after this deadline will not be considered. All questions received before the deadline will be compiled and responded to as identified in the schedule of events. Each

question should begin by referencing the RFP page number and section number to which it relates. Questions concerning this RFP should be sent to: Stephanie Holt Washington County Department of Public Health and Environment 14949 62nd St. N. PO Box 6 Stillwater, MN 55082-0006 [email protected] All questions and requests for clarification, and the County’s response, will be posted on the County website at http://www.co.washington.mn.us/bids.aspx

RFP Amendment Washington County reserves the right to amend this RFP at any time. Changes to the RFP, if any, will be posted at http://www.co.washington.mn.us/bids.aspx

Proposal Submission Proposals will be accepted at the Washington County Department of Public Health and Environment until 4:00 PM CDT on October 9, 2015. Vendor proposals can be mailed to: Stephanie Holt Washington County Department of Public Health and Environment 14949 62nd St. N. Stillwater, MN 55082-0006 [email protected] Vendor proposals can be hand delivered to the address below. Hand delivered responses will be collected but will not be opened and read at that time. Washington County Department of Public Health and Environment c/o Stephanie Holt 14949 62nd St. N., Suite 4600 Stillwater, MN 55082-0006 Please note that it is the Vendor's responsibility to ensure that the proposal and all other required documents are received at the address named above by the closing date and time specified above. Proposals received after the due date and time will not be accepted and will be marked "LATE" and shall be returned to the respondent(s). The county reserves the right to reject late proposals, and reserves the right to accept or reject any or all responses. •

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A qualified respondent should review the attached specifications and mail or email one (1) unbound original (double-sided 8 ½ x 11’ recycled content paper with sequentially numbered pages throughout) proposal by 4:00 p.m. Central Standard Time (CDT) on or before October 9, 2015 The response should includes the proposer’s name and address, and clearly marked as follows: Response to RFP for Consultant Services for Analysis of Yard Waste/Organics Management System Options

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A proposal may be withdrawn on written request of the consultant prior to the proposal due date. Negligence of the consultant in preparing a proposal confers no right to withdraw the proposal after the proposal due date. If the intent of the consultant is not clearly identifiable, the interpretation most advantageous to the county will prevail. Once submitted a proposal becomes public property and will not be returned. The term of the contract award under this RFP is anticipated to be November 13, 2015 – December 31, 2016.

The County reserves the right to waive any minor irregularities in the RFP process.

Public Records Washington County is aware that information contained in the proposals indicates the Vendor's current operations. Proposals submitted become a matter of public record. All data collected, created, received, maintained, or disseminated for any purposes by the activities of the Vendor because of this RFP is governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13. Proposal information is private or non-public until the responses are opened; once opened, Vendor’s name becomes public. Upon completion of the evaluation process, the remaining data becomes public but for trade secrets. If any Vendor deems information they submit as trade secret, it must be clearly indicated as such within the RFP response.

Ownership of Materials Submitted All material submitted becomes the property of the county and will not be returned.

Contract The county reserves the right not to contract with any consultant. If the county decides to contract, the county will contract with the consultant(s) whose proposal the county determines best meets the needs of the county. The county reserves the right to contract with other than the lowest priced proposal.

Use of Proposal Ideas The county reserves the right to use any or all consultant service ideas presented. Selection or rejection of the proposal does not affect this right. The county will not pay for the use of any information or ideas solicited or obtained as a result of responses to this RFP.

Overall Cost The Vendor’s cost structure will be based on costs associated with • One time purchase price • Third Party product costs • Service fees (Implementation, Conversion, Interface Development, Training, Travel, etc.) • Ongoing support and maintenance fees • Additional hardware costs needed

Proposal Costs Vendors shall bear all costs associated with preparing and submitting responses to this RFP and the subsequent evaluation phase. The County will, in no way, be responsible for these costs, regardless of the conduct or outcome of the prequalification process.

Project Budget The total contract amount will not exceed $30,000. The contractor shall submit an invoice to the county for each previous month’s services. The county makes no guarantee that there will be a need to expend the entire project budget. Up to two one-year contract extensions in subsequent years are possible on the same terms and conditions as the initial contract.

RFP Response Format The consultant must respond to the requirements listed in this section. 1.

Cover Letter Address the cover letter to Stephanie Holt, Washington County, Department of Public Health and Environment, 14949 62nd St. N, PO Box 6, Stillwater MN 55082. Include the following: • Identification of the offering firm(s), including name, address and telephone number of each firm; • Name, title, address, telephone and fax numbers and e-mail address of contact person during period of proposal evaluation; • A statement to the effect that the proposal shall remain valid for a period of not less than 120 days from the date of submittal; and • The original proposal must be signed by a person who is authorized to sign contracts for the respondent. The proposal copies should include the signature page.

2.

Qualifications and Experience Describe consultant qualifications for providing similar service within the last five (5) years. For each project/customer, provide the client’s name, address and telephone number for a contact person currently available who is familiar with the firm’s performance on each project listed. Provide resumes for project manager and key personnel or provide a description of the project manager and key personnel’s experience and qualifications.

3.

Hourly Rates and Personnel Provide titles or classifications of personnel who may perform work and their hourly rates.

4.

Work Plan and Budget for Scope of Services The work plan, which will be subsequently negotiated with the selected consultant, will consist primarily of the activities outlined in Section II of this RFP. The consultant’s proposal should demonstrate understanding of the project goals. The consultant’s proposal must include a clear description of its capabilities to undertake the work scope. The consultant will provide the following budget information: • professional fees including hourly rates and fees by task; • direct expenses (copying, mileage, etc.); • travel and lodging; and • other as appropriate.

5.

References Please provide the name, address and telephone number of three (3) current or past customers.

6.

Sub-Contractor Information Provide sub-contractor’s company name, address, contact person, and telephone number. Provide description of company, contact person, and key personnel’s experience and qualifications.

7.

Conflict of Interest The consultant must identify any potential conflict of interest it may have with the county or any other party or entity that may be affected by the terms of this RFP and responsive proposals.

Proposal Evaluation Evaluation of proposals will be conducted by county staff. The following will be taken into account: 25 points Cost Allocation Reasonableness of proposed cost of services 20 points Experience of Personnel • Level of effort and participation of key personnel; • Experience, education and qualifications of key personnel with similar roles and projects; • Knowledge of waste management, recycling, yard waste, and source-separated organics (SSO) management, including at the state and city and township level • Experience in comprehensively reviewing and analyzing waste management options • Demonstrated performance for contracts of similar size and nature • Demonstrated ability to successfully lead the project. 20 points Experience of Firm(s) • The comprehensiveness, appropriateness and quality of experience of the member firms; • Response of references; and • The presence of the appropriate disciplines. 35 points Work Plan for Scope of Services • Completeness and clarity of proposal; • Demonstrated understanding of the objectives and scope of services; and • Ability to complete project in a timely manner. The county reserves the right to consider any additional information gathered by the county or submitted by the consultant to evaluate the submitted proposal. Submission of a proposal by a consultant will be judged to be the consultant’s acceptance of the evaluation approach and as consultant recognition that some subjective judgments must be made by county staff during the evaluation process.

The lowest cost will not be the sole determining factor in awarding a contract. Rather the county may award the contract to the vendor whose proposal represents the best value proposal, as determined by the evaluation criteria above.

Contracting Terms The following terms are required when entering into a contractual relationship with Washington County. Please acknowledge that you will agree to the following contractual terms. Audits, Reports, Records and Monitoring Procedures The Vendor will: (a) Maintain records which reflect all revenues, costs incurred and services provided in the performance of the Agreement. (b) Agree that the County, the State Auditor or legislative authority, or any of their duly authorized representatives at any time during normal business hours, and as often as they may deem reasonable and necessary for a minimum of six years from the end of this contract pursuant to Minnesota Statute 16C.05, shall have access to and the right to examine, audit, excerpt, and transcribe any books, documents, papers, records, and accounting procedures and practices of the Vendor which are relevant to the Vendor's performance and determination of the agreed upon discounted payment rate under this Agreement. Standards (a) The Contactor shall comply with all applicable Federal and State Statutes and regulations as well as local ordinances now in effect or hereafter adopted. (b) Failure to meet the requirements of Section a. above may be cause for cancellation of the Agreement effective the date of receipt of the Notice of Cancellation. Vendor/Contractor Information Technology Usage Agreement All vendors and contractors who access Washington County information technology resources in the course of their work for the county are required to sign the Information Technology Usage Agreement (Exhibit 1) and becomes an attached exhibit to the contract. The vendor and contractors must ensure all their employees and agents comply with Washington County’s Information Technology Usage Agreement. Material, Work Performance and Ownership of Work Product(s) County agree that contractor owns all rights, title and interest, including copyright, trade secret and all other intellectual property rights in the software provided and any changes, modifications or corrections to the Software except to that software specifically excluded by this provision, and the county shall have a non-exclusive perpetual license to contractor’s software and for the purpose of operating and maintaining the Contractor equipment. Any other work product, including but not limited to, software programs containing county data, documentation, memoranda, correspondence, and files generated by the contractor in the course of this work for the county shall be the sole property of the county. All such work products must be surrendered to the county at the completion of the Agreement. Work products which are subject to the Government Data Practices Act, Minnesota Statutes, Chapter 13 and regulations thereto must not be removed from the County’s worksite.

Data Privacy All data collected, created, received, maintained, or disseminated, or used for any purposes in the course of the Contractor's performance of this Agreement is governed by the Minnesota Government Data Practices Act, Minnesota Statutes 1984, Section 13.01 et seq. or any other applicable state statutes and state rules adopted to implement the Act, as well as state statutes and federal regulations on data privacy. The Vendor agrees to abide by these statutes, rules and regulations and as they may be amended. The Vendor agrees to implement and comply with the Health Insurance Portability and Accountability Act of 1996 (HIPPA Public Law 104-191), as it may be amended from time to time. Nondiscrimination Pursuant to Minn. Stat. Chapter 364 and Minn. Stat. 181.59 and general Washington County policy, every contract shall contain provisions by which the contractor agrees to freedom from discrimination in employment. Indemnification The Contractor/Consultant agrees it will defend, indemnify and hold harmless the County, its officers and employees against any and all liability, loss, costs, damages, and expenses which the County, its officers, or employees may hereafter sustain, incur, or be required to pay arising out of the negligent or willful acts or omissions of the Contractor/Consultant in the performance of this agreement. Insurance Requirements The Contractor agrees that in order to protect itself, as well as the County, under the indemnity provisions set forth above, it will at all times during the term of this Agreement, keep in force the following insurance protection in the limits specified: 1.

2. 3.

Commercial General Liability/Professional Liability with contractual liability coverage in the amount of the County’s tort liability limits set forth in Minnesota Statute 466.04 and as amended from time to time. Automobile coverage in the amount of the County’s tort liability limits set forth in Minnesota Statute 466.04 and as amended from time to time. Worker’s Compensation in statutory amount. (if applicable)

Prior to the effective date of this Agreement, the Contractor/Vendor/Consultant will furnish the County with a current and valid proof of insurance certificate indicating insurance coverage in the amounts required by this agreement. This certificate of insurance shall be on file with the County throughout the term of the agreement. As a condition subsequent to this agreement, Contractor/Vendor/Consultant shall insure that the certificate of insurance provided to the County will at all times be current. The parties agree that failure by the Contractor/Vendor/Consultant to maintain a current certificate of insurance with the County shall be a substantial breach of the contract and payments on the contract shall be withheld by the County until a certificate of insurance showing current insurance coverage in amounts required by the contract is provided to the County. Any policy obtained and maintained under this clause shall provide that it shall not be cancelled, materially changed, or not renewed without thirty days’ notice thereof to the County.

Independent Contractor It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties hereto or as constituting the Vendor as the agent, representative, or employee of the County for any purpose or in any manner whatsoever. The Vendor is to be and shall remain an independent contractor with respect to all services performed under this Agreement. The Vendor represents that it has, or will secure at its own expense, all personnel required in performing services under this Agreement. Any and all personnel of the Contractor or other persons, while engaged in the performance of any work or services required by the Contractor under this Agreement, shall have no contractual relationship with the County and shall not be considered employees of the County. Neither the Vendor nor its employees will at any time be construed to be employees of the County. The Vendor is responsible for its employees' compensation, fringe benefits and all insurance coverage. Subcontracting and Assignment The Vendor shall not enter into any subcontract for performance of any services contemplated under this agreement; nor novate or assign any interest in the agreement without the prior written approval of the County. Any assignment or novation may be made subject to such conditions and provisions as the County may impose. If the contractor subcontracts the obligations under this agreement, the contractor shall be responsible for the performance of all obligations by the subcontractors. Modifications Any material alteration, modification or variation shall be reduced to writing as an amendment and signed by the parties. Any alteration, modification, or variation deemed not to be material by agreement of the County and the Contractor shall not require written approval. Merger It is understood and agreed that the entire agreement of the parties is contained herein and this Agreement supersedes all oral agreements and negotiations between the parties relating to this subject matter. All items referred to in this Agreement are incorporated or attached and deemed to be a part of the Agreement. Firearms Prohibited Unless specifically required by the terms of this contract, no provider of services pursuant to this contract, including but not limited to employees, agents or subcontractors of the Vendor shall carry or possess a firearm on county premises or while acting on behalf of Washington County pursuant to the terms of this agreement. Violation of this provision shall be considered a substantial breach of the Agreement; and, in addition to any other remedy available to the county under law or equity. Violation of this provision is grounds for immediate suspension or termination of this contract. Security Requirements All of the Vendor’s employees who will directly provide services to the Washington County Sheriff’s Office will be subjected to a criminal background check through the Sheriff’s Office. Those employees who will be entering the facility shall be screened by the Washington County Sheriff’s designee before commencing work at the facility. The

Sheriff’s Office designee and the authorized agent shall have the sole right, at any time to reject any of the Vendor’s employees who, in their judgment, pose a risk or potential risk to the security or operations of the facility. Performance All services performed by the Vendor pursuant to this Agreement shall be performed to the satisfaction of the County, as determined at the sole discretion of its authorized representative, and in accord with all applicable federal, state, and local laws, ordinances, rules and regulations. Services not performed in accordance with the terms and conditions of RFP and contract shall be considered a material breach and shall be cause for be immediate termination by County. The Vendor shall not receive payment for work found by the County to be unsatisfactory, or performed in violation of federal, state, or local law, ordinance, rule or regulation. In the event of work found by the County to be unsatisfactory, the County shall provide Vendor with written notice describing the work found to be unsatisfactory in any reasonable respect and thirty (30) days to correct the unsatisfactory service performed. Vendor shall work with the County to correct the unsatisfactory service to County’s mutual satisfaction within thirty (30) days of said notice, if service is not corrected to the satisfaction of the County, it shall be considered a material breach and shall be cause for be immediate termination by County. Contractor Debarment, Suspension, and Responsibility Federal Regulation 45 CFR 92.35 prohibits the county from purchasing goods or services with federal money from vendors who have been suspended or debarred by the federal government. Similarly, Minnesota Statutes, Section 16C.03, subdivision 2, provides the Commissioner of Administration with the authority to debar and suspend vendors who seek to contract with the county. Vendors may be suspended or debarred when it is determined through a duly authorized hearing process, that they have abused the public trust in a serious manner. Certification By signing this agreement, the contractor certifies that it and its principals* and employees: (a) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from transacting business by or with any federal, state, or local governmental department or agency; and (b) have not within a three year-period preceding this agreement: 1) been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (federal, state, or local government) transaction or contract, 2) violated any federal or state antitrust statutes, or 3) committed embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; and (c) are not presently indicted or otherwise criminally or civilly charged by a governmental entity for: 1) commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (federal, state, or local government) transaction, 2) violating any federal or state antitrust statutes, or 3) committing embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements or receiving stolen property; and

(d) are not aware of any information and possess no knowledge that any subcontractor(s), that will perform work pursuant to this agreement, are in violation of any of the certifications set forth above; and (e) shall immediately give written notice to the contract manager should the contractor come under investigation for allegations of fraud or a criminal offense in connection with obtaining or performing a public (federal, state, or local government) transaction, violating any federal or state antitrust statute, or committing embezzlement, theft, forgery, bribery, falsification of records, making false statements, or receiving stolen property. * Principals, for the purpose of this certification, means officers, directors, owners, partners, and persons having primary management or supervisory responsibilities within a business entity (e.g., general manager, plant manager, head of subsidiary division or business segment, and similar positions).

Vendor acknowledgment Signature: ___________________________________

Date:___________________

Name:

______________________________________ (Please print or type)

Title:

______________________________________ (Please print or type)

Exhibit A

Vendor/Contractor Information Technology Acceptable Use Policy Acknowledgement Form All employees and agents of vendors and contractors who will access Washington County information technology in the course of their work for Washington County (“vendor personnel”) are required to sign this document indicating their willingness to comply with Washington County Policy #3001 – Acceptable Use Policy for Utilizing Information Technology Systems and Resources, prior to accessing any Washington County Information Technology tools, systems or services. The term “Information Technology tools, systems or services” is defined as any equipment (device or software) that is used to access the county’s network, electronic messaging (ex. Voice messaging and telephony services, radio, e-mail, etc.), storage, transmission, or use of all computer files, and all activities relating to the concept of the Internet (includes the county’s intranet, and all external networks accessible to users). 1.

2. 3. 4.

5. 6. 7.

8.

9.

10. 11. 12.

13.

14.

Vendor personnel have no expectation of privacy in any electronic communications, use of Washington County property, or Internet access. Washington County reserves the right to review, audit, or monitor any information technology used by vendor personnel. All vendor personnel shall use only accounts authorized by Washington County. Vendor personnel may access only those resources for which they are specifically authorized. All user-level system access, (ex. Network login, e-mail, desktop computer, application system, etc.), must occur through a password protected account that conforms to the following guidelines: a. All user-level passwords must include a mix of numbers, letters, and special characters, and must be at least 8 characters in length. b. All system administration passwords must include a mix of numbers, letters, and special characters and must be at least 10 characters in length. c. Passwords shall remain confidential. Passwords are not to be shared, except as specifically requested by individual department heads. d. Passwords shall never be displayed, printed, or otherwise recorded in an unsecured manner. User account and password information must not be inserted into any form of electronic communication or storage, (ex. E-mail, or electronic document), without using encryption methods and tools approved by the Information Technology Department. e. Passwords shall be changed every 90 days. f. A standard, default password is not to be used for groups of users. Vendor personnel are personally responsible for safeguarding their account and log-on information. Vendor personnel are not permitted to script their user IDs and passwords for log-on access. Vendor personnel are not permitted to allow another person to log-on to any computer utilizing their personal account, nor are they permitted to utilize someone else's account to log-on to a computer. Authorized system or service accounts may be used by multiple people. Vendor personnel may not leave their workstation logged onto the network while away from their area. Vendor personnel may elect to lock the workstation rather than logging off when leaving for very short time periods. Vendor personnel shall maintain a log, left with the computer, of all software loaded onto any Washington County computer. The software must have been approved in writing by the Director of Information Technology or designee. Vendor personnel shall execute only applications that pertain to their specific contract work. Vendor personnel shall promptly report log-on problems or any other computer errors to the IT Help Desk (651-430-6411). Vendor personnel shall promptly notify the Director of Information Technology, or designee, if they have any reason to suspect a breach of security or potential breach of security. Vendor personnel shall promptly report anything that they deem to be a security loophole or weakness in the computer network to the Director of Information Technology or designee. Vendor personnel shall not install or use any type of encryption device or software on any Washington County hardware, which has not been approved in writing by the Director of Information Technology or designee.

Printed Name: _________________________________

15. Vendor personnel shall not attach any device to the Washington County network without written approval from the Information Technology Director or designee. 16. Vendor personnel may not remove any computer hardware from a Washington County building for any reason, without prior written approval from the Director of Information Technology or designee. 17. Vendor personnel shall not delete, disable, or bypass any authorized encryption device, or anti-virus or other software program, installed on Washington County hardware. 18. Vendor personnel shall not attach any network or phone cables to any Washington County device without written approval from the Director of Information Technology or designee. 19. Vendor personnel may not copy any data and/or software from any Washington County resource for personal use. 20. Washington County data and/or software shall not be removed from a Washington County building without prior written approval from the Director of Information Technology or designee. 21. Vendor personnel may not utilize Washington County computer systems or networks for any of the following reasons: a. Game playing; b. Internet surfing not required for their work activity; c. Non-related work activity; or d. Any illegal activity. e. Downloading of files from the Internet. If files are needed for your work, contact Washington County Information Technology personnel. 22. Vendor personnel are prohibited from intercepting or monitoring network traffic by any means, including the use of network sniffers, unless authorized in writing by the Director of Information Technology or designee. 23. Vendor personnel may not give out any Washington County computer information to anyone. Exception: other vendor personnel needing the information to complete tasks and who have signed this agreement. Information includes but is not limited to: IP addresses, security configurations, etc. 24. All data storage media shall be erased or destroyed prior to disposal. 25. Vendor personnel may not remove or delete any computer software without the written approval of the Director of Information Technology or designee. 26. Vendor personnel shall not attempt to obtain or distribute Washington County system or user passwords. 27. Vendor personnel shall not attempt to obtain or distribute door pass codes/passkeys to secured rooms at any Washington County facility for which they are not authorized. 28. All equipment issued to vendor personnel will be returned in good condition to Washington County upon termination of the Washington County/vendor personnel relationship. 29. Vendor personnel may not use Washington County information technology to send or receive threatening, obscene, abusive, sexually explicit language or pictures. 30. Vendor personnel are prohibited from causing Washington County to break copyright laws. 31. Use by vendor personnel of any Washington County information technology will acknowledge acceptance of the above-referenced policies. Any vendor employee who violates any of these policies shall be subject to disciplinary action, including total removal from the Washington County project as well as being subject to Minnesota civil and criminal liability. Disciplinary action may include Washington County requesting the vendor consider demotion, suspension and termination.

Signature: ______________________________________ /Date Q:\SHARE\Policies\3001 - Acceptable Use\Acceptable Use Vendor User Agreement.doc