2025-047_-_PRE-PACKAGED_ICE_CREAM_-_FINAL.pdf

REQUEST FOR PROPOSAL

BOARD OF COUNTY COMMISSIONERS

OF

CALVERT COUNTY

PRINCE FREDERICK, MARYLAND 20678

RFP 2025-047

PRE-PACKAGED ICE CREAM FOR COVE POINT PARK POOL, KING'S LANDING POOL, AND

BREEZY POINT BEACH AND CAMPGROUND CONCESSION STANDS

PROCUREMENT OFFICE

131 MAIN STREET, SUITE 100

PRINCE FREDERICK, MARYLAND 20678

Savannah.Manning@calvertcountymd.gov

410-535-1600/301-855-1243, Extension 2766

DUE DATE/TIME: Friday, February 28, 2025 by 2:30 p.m. (Local Prevailing Time)

PRE-PROPOSAL MEETING: None.

WRITTEN QUESTIONS SHALL BE DUE ON OR BEFORE FRIDAY, FEBRUARY 21, 2025 BY 2:30 P.M. (LOCAL PREVAILING TIME). ALL QUESTIONS SHALL BE SUBMITTED IN WRITING TO THE PROCUREMENT OFFICE AT Savannah.Manning@calvertcountymd.gov.

CALVERT COUNTY GOVERNMENT

Proposals shall be submitted in a SEALED ENVELOPE with the label provided below affixed to the front. The Board of County Commissioners of Calvert County reserves the right to reject proposals improperly labeled. The envelope shall also show the Contractor’s name and address.

FROM: ________________________________

SEALED TECHNICAL PROPOSAL

TO BE DELIVERED AND OPENED BY:

PROPOSAL TITLE: ______________________________________________

PROPOSAL NUMBER: ____________________________________________

PROPOSAL DUE DATE AND TIME: __________________________________

Proposals shall be submitted in a SEALED ENVELOPE with the label provided below affixed to the front. Board of County Commissioners of Calvert County reserves the right to reject proposals improperly labeled. The envelope shall also show the Contractor’s name and address.

FROM: ________________________________

SEALED PRICE PROPOSAL

TO BE DELIVERED AND OPENED BY:

PROPOSAL TITLE: ______________________________________________

PROPOSAL NUMBER: ____________________________________________

PROPOSAL DUE DATE AND TIME: __________________________________

TABLE OF CONTENTS

PAGE NUMBER(S)

NOTICE TO CONTRACTORS 1 – 3

PRICE PROPOSAL 4

NAME AND SIGNATURE REQUIREMENTS FOR BID AND CONTRACT 5

GENERAL PROVISIONS OF BID AND CONTRACT 6 – 15

SPECIFICATIONS 16 – 30

NON-COLLUSION CERTIFICATE 31

ANTI-BRIBERY AFFIRMATION AND AFFIDAVIT OF QUALIFICATION TO BID 32

AGREEMENT 33 – 34

NOTICE TO CONTRACTORS

Sealed proposals shall be due on or before Friday, February 28, 2025 by 2:30 p.m. (Local Prevailing Time) for acknowledgement of receipt only for:

PRE-PACKAGED ICE CREAM FOR COVE POINT PARK POOL, KING’S LANDING POOL, AND

BREEZY POINT BEACH AND CAMPGROUND CONCESSION STANDS

A pre-bid meeting will not be held.

Responses to this Request for Proposal (hereinafter, “RFP”) shall be submitted in two (2) SEALED ENVELOPES:

one envelope shall contain one (1) original of the Contractor’s technical (Qualifications and Experience [Q&E]) proposal marked TECHNICAL PROPOSAL. The second envelope shall contain one (1) original of the Contractor’s price proposal marked PRICE PROPOSAL. In addition, on or before the due date and time for submission as part of the PRICE PROPOSAL, the Contractor shall also submit in a readily available and readable electronic formatted, either in Excel or Searchable PDF format, their current catalog(s)/pricelist(s) through a link to be provided by the Calvert County Government. The Contractor shall contact Savannah.Manning@calvertcountymd.gov for the link. The technical proposal shall be accompanied by a brief transmittal letter, signed by an officer of the company authorized to bind the Contractor to their proposal, with required affidavit(s) attached. The yellow labels provided with this RFP shall be affixed to the front of each envelope and marked according to the above. Each label shall be fully filled out and clearly marked as to which envelope contains the technical proposal and which one contains price information. The Board of County Commissioners of Calvert County, Maryland, noted hereinafter as Calvert County Government (or the officially authorized official), reserve the right to reject proposals improperly labeled. The envelopes shall also show the Contractor’s company name and address. (ANY TECHNICAL PROPOSAL WITH PRICE INFORMATION MAY BE

CONSIDERED NON-RESPONSIVE.)

The Contractor may submit their sealed proposals as follows so they will be received in the office designated below no later than the exact time set for receipt of proposals:

1. Ship through UPS, Federal Express, or hand delivery to:

CALVERT COUNTY GOVERNMENT

PROCUREMENT OFFICE

131 MAIN STREET, SUITE 100

PRINCE FREDERICK, MARYLAND 20678

2. Ship through the United States Postal Service (USPS) to:

CALVERT COUNTY GOVERNMENT

PROCUREMENT OFFICE

COURTHOUSE, 175 MAIN STREET

NOTE: The United States Postal Service does not deliver to 131 Main Street, Suite 100, Prince Frederick, Maryland 20678.

Acceptance of proposals by Calvert County Government employees other than employees of the Procurement Office shall not be deemed proper delivery.

Where proposals are sent by any method to Calvert County Government’s Procurement Office, the Contractor shall be responsible for their delivery before the date and time set for the closing of proposal acceptance. If the delivery is delayed beyond the due date and hour set for receipt of proposals, proposals shall not be accepted.

If an emergency or unanticipated event interrupts normal Calvert County Government processes so that bids cannot be received at the Calvert County Government Procurement Office by the exact time specified in this RFP and urgent Calvert County Government requirements preclude amendment of the bid opening date, the time specified for receipt of bids shall be deemed to be extended to the same time of day specified in this RFP on the first work day on which normal Calvert County Government processes resume.

All proposals received before the time set for receipt of proposals shall be kept secure. The proposals shall not be opened or viewed and shall remain in a locked box or a safe. If an RFP is cancelled, proposals shall be returned to the Contractors. Necessary precautions shall be taken to ensure the security of the bid box or safe. Before technical proposal opening, information concerning the identity and number of proposals received shall only be made available to employees of Calvert County Government Procurement Office. Such disclosure shall be only on a “need to know” basis. If proposal samples are submitted, they shall be handled with sufficient care to prevent disclosure of characteristics before proposal opening.

Proposals made on any form(s) other than the required form(s) included in this RFP shall not be considered.

Changes in the phraseology of the proposal, additional or limiting provisions shall render the proposal invalid and shall cause its rejection.

Contractors shall be responsible for obtaining all documentation, including but not limited to any addenda issued by going to eMaryland Marketplace Advantage at https://emma.maryland.gov prior to submitting their proposal.

Changes to the RFP shall only be made in writing. Calvert County Government assumes no responsibility for verbal instructions or interpretations.

Unless otherwise specified, all proposals shall be binding for 160 calendar days following the date and hour set for receipt of proposals, unless extended by mutual consent of all parties.

Calvert County Government is tax exempt and all prices quoted shall be exclusive of any Federal or Maryland State Taxes. This includes Federal Excise Tax and any other Excise Tax applicable to any other equipment or accessories. However, taxes are required to be paid by the Contractor on all materials and equipment to be incorporated into the project. The Contractor is prohibited from using Calvert County Government’s tax exempt number for any purchases.

Contractors are warned against unbalancing their price proposal as this will render them liable to rejection.

The right is hereby reserved to reject any or all proposals, and to waive informalities, as the interest of Calvert County Government may require.

If the Contractor to whom an award is made shall fail to execute the Contract hereto attached, and as herein provided, the award may be annulled and the Contract awarded to the next most responsible Contractor, and such Contractor shall fulfill every stipulation embraced herein, as if they were the original party to whom the award was made; or Calvert County Government may reject all proposals as its interests may require.

Contractors shall carefully examine all documentation. In case doubt shall arise as to the meaning or intent of anything comprised in the specifications, inquiry shall be made to the Procurement Office before a proposal is submitted. Written questions and inquiries shall be accepted from all Contractors. The Procurement Office shall be the sole point of contact for this solicitation unless otherwise instructed herein. Written requests for information related to this RFP shall be directed to the Procurement Office, Savannah Manning, Procurement Specialist, by E-Mail: Savannah.Manning@calvertcountymd.gov. Unauthorized contact with other Calvert County Government staff regarding this RFP may result in the disqualification of the Contractor. Inquiries pertaining to this RFP shall give the RFP number, title, due date, and time. Written questions shall be due on or before Friday, February 21, 2025 by 2:30 p.m. (Local Prevailing Time). It shall be the responsibility of all

Contractors to ensure they have received any addenda and other documents issued. Any addenda issued shall become a part of the Contract Documents and shall be fully considered by all Contractors during formation of proposals. The submission of a proposal shall indicate the Contractors thoroughly understands the terms of all Contract Documents.

Changes to the Information for Contractors or Technical Specifications and all documentation relating to this RFP shall only be made in writing. Calvert County Government assumes no responsibility for verbal instructions or interpretations.

The submission of a bid on this work and service shall be considered as a representation that the Contractor has carefully investigated all conditions which affect or may, at some future date, affect the performance of the work or services covered by the proposal, the entire area to be serviced as described in the specifications and other Contract documents, and that the Contractor is fully informed concerning the conditions to be encountered, character, quality and quantity of work to be performed, and equipment and materials to be furnished; also, that the Contractor is familiar with all Federal, State, and County laws, all codes and ordinances of Calvert County Government which affect the prosecution of the work or persons engaged or employed in the work or the materials and equipment used in the work.

DOCUMENTS REQUIRED UPON SUBMISSION

Contractors should execute the required forms and provide any documentation requested and include as part of their proposal. Failure to do so may be cause for rejection of bid as nonresponsive.

1. Price Proposal

a. RFP Price Proposal Form

b. Contractor’s Current Comprehensive Catalog(s)/Pricelist(s) in a Readily Available and Readable Electronic Format, either in Excel or Searchable PDF format, to be Submitted through a Link to be Provided by Calvert County Government (See Notice to Contractors)

2. Technical (Q&E) Proposal which includes the required forms and documentation including but may not be limited to:

a. Contractor’s Technical Proposal

b. Name and Signature Requirements of Proposal and Contract

c. Non-Collusion Certificate

d. Anti-Bribery Affirmation Affidavit of Qualification to Respond

e. Addenda Issued

f. Questions and Answers/Clarification Issued

Acknowledgement of receipt only for this RFP will be posted on Calvert County Government’s website at:

https://www.calvertcountymd.gov/3811/FY-2025-Bid-Results.

CONTRACTOR’S LEGAL BUSINESS NAME: ___________________________________________________

AUTHORIZED SIGNATURE: __________________________________________ DATE: ______________

RFP 2025-047

PRICE PROPOSAL

TO THE BOARD OF COUNTY COMMISSIONERS OF CALVERT COUNTY: The undersigned agrees to furnish all labor, material, supervision, and equipment necessary for PRE-PACKAGED ICE CREAM FOR COVE

POINT PARK POOL, KING’S LANDING POOL, AND BREEZY POINT BEACH AND CAMPGROUND

CONCESSION STANDS, as specified in this Request for Proposal to the Board of County Commissioners of Calvert County in accordance with ATTACHED SPECIFICATIONS and other documents herein and at the following fixed percentage discount from the Contractor’s catalog(s)/pricelist(s) issued during the Contract:

FIXED PERCENTAGE (%) DISCOUNT %

Fixed percentage discount shall include all charges including shipping, handling, delivery, vendor markup/profit, item cost, and storage. No other charges are allowed.

The Contractor shall also submit their current comprehensive catalog(s)/pricelist(s) in a readily available and readable electronic format, either in Excel or searchable PDF format, through a link to be provided by Calvert County Government in accordance with Notice to Contractors instructions. Catalog(s)/pricelist(s) with already discounted pricing shall not be accepted.

It is further agreed by the Undersigned that upon receipt of written advice of the acceptance of proposal, the necessary contract shall be executed within ten (10) business days after such notice.

No proposer may withdraw his proposal within 160 calendar days after the opening thereof.

The undersigned has caused this proposal to be executed as of the day and year indicated on each proposal page and hereby agrees to provide aforementioned services necessary for compliance with this Request for Proposal and agrees to provide these services at the rates submitted on their proposal form. By signing each proposal page, the Contractor does hereby attest they have fully read the Request for Proposal and understand it.

The time for performance of this contract shall begin from the Notice to Proceed or as otherwise directed by Calvert County Government.

By signing and submitting a proposal, your firm acknowledges and agrees it has read and understands the Request for Proposal documents and agrees to the Contract Terms and Conditions as contained herein.

NAME AND SIGNATURE REQUIREMENTS FOR BID AND CONTRACT

The legal business name and principal office AS RECORDED WITH THE STATE DEPARTMENT OF ASSESSMENTS AND TAXATION (SDAT) for Maryland shall be used on all forms submitted. A trade name (i.e., a shortened or different name under which the firm does business) shall not be used when the legal name is different. Corporations shall have names complying with State law. The Contractor’s signature shall conform to the following:

All signatures shall be made by an authorized officer, partner, manager, member, or employee.

The signing of an offer or a contractor is a representation and certification by the person signing that the person signing is authorized to do so on behalf of the Offeror or Contractor.

CONTRACTOR’S LEGAL BUSINESS NAME

TELEPHONE NUMBER

PRINCIPAL OFFICE ADDRESS

FAX NUMBER

REMITTANCE ADDRESS:

(If Remittance Address is Different from Above Address)

EMAIL ADDRESS

NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (TYPE OR PRINT)

SIGNATURE OF ABOVE PERSON DATE

WITNESS DATE

GENERAL TERMS AND CONDITIONS

DEFINITIONS. Wherever the words defined in this section or pronouns used in their stead, occur in the specifications, proposal, contract, or bond, they shall have the meanings herein given and as defined:

BIDDER/OFFEROR/CONTRACTOR shall mean firms responding to this RFP with a bid.

BOARD OF COUNTY COMMISSIONERS OF CALVERT COUNTY, MARYLAND shall mean the governing board of elected officials of Calvert County, Maryland noted hereinafter as Calvert County Government (or the officially authorized official).

CALVERT COUNTY or COUNTY shall mean Calvert County, Maryland.

CONTRACT DOCUMENTS shall mean those written documents that define the roles, and responsibilities, and work under the Contract, and are legally binding on the parties (Calvert County Government and the Contractor). The individual documents constituting the Contract Documents are as outlined herein under Contract Interpretation by the Project Manager.

CONTRACTING OFFICER shall mean the Procurement Division Chief or their designated representative entrusted by Calvert County Government with the authority to enter into, administer, renew, or terminate the Contract, along with related determinations and findings.

DIRECTOR shall mean the Director, Department of Parks & Recreation, and shall mean the principal or their duly authorized representatives; said agents acting severally within the scope of the particular duties entrusted to them.

PROJECT MANAGER shall mean that person whom the Director has designated to supervise performance of this Contract on behalf of the Board within the scope of duties entrusted under such delegation of authority.

Whenever the Contract Documents or upon any drawings the words DIRECTED, REQUIRED, PERMITTED, ORDERED, DESIGNATED, PRESCRIBED, or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation, or prescription of the Project Manager is intended, and similarly the words APPROVED, ACCEPTABLE, SATISFACTORY, or, words of like import, shall mean approved by, acceptable or satisfactory to, the Project Manager, unless otherwise expressly stated.

CONTRACT INTERPRETATION BY THE PROJECT MANAGER. Any inconsistencies or ambiguities in the Contract Documents shall be immediately reported, in writing, to the Project Manager. Questions regarding the meaning and intent of the Contract Documents shall be referred in writing by the Contractor to the Project Manager with a Request for Information. The Project Manager shall respond to the Contractor in writing with a decision within fifteen (15) calendar days of receipt of the request, or if it is necessary to extend this period, the Project Manager shall notify the Contractor in writing as to when a decision will be provided.

Work done by the Contractor after its discovery of such inconsistencies or ambiguities without such notice and prior to response from the Project Manager shall be done at the Contractor’s risk.

In resolving conflict, error, or discrepancies within the Contract Documents, the Contract Documents shall be given precedence in the following order (Change Orders, highest precedence, and Notice to Contractors, lowest precedence):

Change Orders Addenda Federal, State, and/or County Requirements General Conditions of Bid and Contract Specifications Proposal Contract Notice to Contractors

In the event that conflicts, errors, or discrepancies are not resolved by the Contract Documents’ order of precedence, the more restrictive provision shall govern.

PROPOSAL FORMS AND AFFIDAVITS

All proposals shall be submitted on forms provided in this RFP, properly signed in ink by a principal duly authorized to make contracts and submitted in sealed envelope as required under Notice to Contractors.

All required forms shall be submitted with technical proposals except for the price proposal which shall be in a separate sealed envelope. Failure to comply shall be cause for rejection of proposals.

ALTERNATE PROPOSALS

Alternate proposals shall only be considered when they are submitted separately and clearly marked and labeled ALTERNATE PROPOSAL. The alternate proposal shall only be considered if the Contractor’s primary proposal is the most responsive responsible proposal.

BRAND NAME OR EQUAL ITEMS

Unless otherwise provided in the RFP, the name of a certain brand, make or manufacturer does not restrict Contractors to the specific brand, make or manufacturer named; it conveys the general style, type, character and quality of the article desired, and any article which Calvert County Government in its sole discretion determines to be the equal of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted.

FORMAL SOLICITATION

When a formal specification (no substitutes) is included or referred to in the solicitation, no deviation therefrom shall be permitted, and the Contractor shall be required to furnish articles in conformity with that specification.

NEW GOODS, FRESH STOCK

All Contractors, unless otherwise specifically stated, shall provide new commodities, fresh stock, latest model, design, or pack and be free from defects.

DEVIATIONS TO SPECIFICATIONS

Any deviations from the specifications shall be noted in detail by the Contractor, in writing, and submitted with the formal technical proposal. Calvert County Government reserves the right to accept or reject any exception.

PROHIBITION AGAINST UNIFORM PRICING

Calvert County Government shall encourage open and competitive bidding by all possible means and shall endeavor to obtain the maximum degree of open competition on all purchase transactions using the competitive sealed bidding, competitive negotiation, or open market transaction methods of procurement.

In submitting a proposal, each Contractor shall, by virtue of submitting a proposal, guarantee that the Contractor has not been a party with other Contractors to an agreement to propose a fixed or uniform price. Violation of this implied guarantee shall render void the proposal of such Contractors. Any disclosure to or acquisition by a competitive Contractor, in advance of the receipt of the proposals, of the terms or conditions of the proposal submitted by another competitor shall render the entire proceedings void and shall require re-advertising the RFP.

AWARD OR REJECTION OF BIDS

Calvert County Government shall award the Contract to the most responsible bidder(s), subject to its right to reject any or all bids, Calvert County Government reserves the right to award a Contract by individual items, in the aggregate, or in combination thereof, and to waive any informality in bids received whenever such rejection or waiver is in the best interest of Calvert County Government. Calvert County Government reserves the right to reject all bids and make purchases based on state, county, or municipal contracts that are established by a legal competitive process whenever it is in the best interest of Calvert County Government to do so. Calvert County Government also reserves the right to reject the bid of a Contractor who has previously failed to perform properly or complete on time contracts of a similar nature, or a bid of a Contractor who investigation shows is not in position to perform the Contract.

In determining the “most responsible bidder(s)”, in addition to considering price, Calvert County Government shall consider:

1. The ability, capacity, and skill of the bidder(s) to perform the Contract or provide the services required;

2. Whether the bidder(s) can perform the Contract or provide the service promptly, or within the time specified, without delay or interference;

3. The character, integrity, reliability, reputation, judgment, experience, and efficiency of the bidder(s);

4. The quality of performance of previous contracts or services;

5. The previous and current compliance by the bidder with laws and ordinances relating to the Contract or service;

6. Whether the bidder(s) is in arrears to Calvert County Government on any debt or Contract, is in default on any surety to Calvert County Government, or is delinquent as to any taxes or assessments; and

7. Any other information that may have a bearing on the decision to award the Contract.

INDEMNIFICATION

Nothing contained in the Contract shall be construed to constitute the Contractor an agent of Calvert County Government. The Contractor shall indemnify, keep, and save harmless Calvert County Government, its agents, officials, and employees, against all injuries, death, loss, damage, claims, patent claims, suits, liabilities, judgments, costs, and expenses which may or otherwise accrue against Calvert

County Government in consequence of the granting of a Contract or which may or otherwise result therefrom. If it shall be determined that the act was caused through negligence or omission of the Contractor or his officers, directors, agents, or employees, of the subcontractor or his officers, directors, agents or employees, if any, and the Contractor shall, at his own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith, and if any judgement shall be rendered against Calvert County Government in any such action, the Contractor shall at his own expense, satisfy and discharge the same. Contractor expressly understands and agrees that any performance bond or insurance protection required by this Contract, or otherwise provided by Contractor, shall in no way limit the responsibility to indemnify, keep and save harmless and defend Calvert County Government as herein provided.

NON-DISCRIMINATION IN EMPLOYMENT

During the performance of this Contract, the Contractor agrees as follows:

1. The Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, gender identity, sexual orientation, or disability (physical or mental) except where religion, sex, national origin, gender identity, sexual orientation, or disability (physical or mental), is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause.

2. The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, shall state that such Contractor is an equal opportunity employer. In addition to complying with the provision of Equal Opportunity, the Contractor shall, in good faith, cooperate with Calvert County Government in investigation of Equal Employment Opportunity (EEO) complaints, whether formal or informal.

3. Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.

4. The Contractor shall include the provisions above in every subcontract or purchase order so that the provisions shall be binding upon each subcontractor or vendor.

INSURANCE

The Contractor shall not commence work under this Contract until it has obtained the insurance required under this section. All coverage shall be with insurance carriers licensed and authorized to do business in Maryland. Insurance companies providing insurance shall be acceptable to Calvert County Government. Self-insured Contractors shall submit an affidavit attesting to their self-insured coverage.

1. Certificate Holder, Additional Insured, and Contract Information

a. The Board of County Commissioners of Calvert County, Maryland shall be named as certificate holder and as an additional insured for the duration of the Contract as follows:

Board of County Commissioners of Calvert County, Maryland Attention: Procurement Office Courthouse, 175 Main Street Prince Frederick, Maryland 20678

b. The certificate shall also indicate the contract name and number.

c. Additional insured shall be as pertains to general liability and automobile liability.

d. The “ADDL INSD” box shall be checked for general liability and automobile liability.

2. Commercial General Liability Insurance

During the life of this Contract, the Contractor shall procure and maintain Commercial General Liability Insurance in an amount not less than $1,000,000.00 (combined personal injury and/or property damage) per occurrence subject to $2,000,000.00 aggregate.

3. Automobile Liability Insurance

During the life of this Contract, the Contractor shall procure and maintain Automobile Liability Insurance, including applicable No-Fault coverage, with limits of liability not less than $1,000,000.00 per accident combined single limit Bodily Injury and Property Damage.

Coverage shall include vehicles to be used in conjunction with this Contract on behalf of the Contractor.

If during the life of this Contract the Contractor owns commercial vehicles or obtains commercial vehicles, the Contractor shall procure and maintain Automobile Liability Insurance, to include No-Fault coverage, with limits not less than $1,000,000.00 per accident combined Bodily Injury and Property Damage. Coverage shall include “Any Auto” as indicated on the required Certificate of Insurance.

If during the life of this Contract the contractor does not own commercial vehicles, the Contractor shall procure and maintain vehicle coverage in accordance with the statutes of the State of Maryland. Coverage shall include “Non-Owned” and “Hired” as indicated on the required Certificate of Insurance.

4. Workers Compensation

During the life of this Contract, the Contractor shall procure and maintain Workers Compensation insurance, including Employers Liability Coverage in accordance with the statutes of the State of Maryland, covering all employees engaged in performance of the contract. If a Contractor is a sole proprietor or is a company that is not required to maintain workers compensation insurance coverage under the laws of the state of Maryland, that Contractor shall show some alternative injury insurance coverage, either through health insurance or employer`s liability coverage.

5. Notice of Cancellation

Prior to starting performance of the Contract and for each extension of the Contract, a certificate of insurance shall be furnished to Calvert County Government. Insurance companies providing insurance shall be acceptable to Calvert County Government. The Contractor agrees to provide Calvert County Government a Certificate of Insurance evidencing that all coverage, limits, and endorsements required herein are maintained and in full force and effect. If the Contractor receives a non-renewal or cancellation notice from an insurance carrier affording coverage required herein, or receives notice that coverage no longer complies with the insurance requirements herein, the Contractor agrees to notify Calvert County Government within two (2) business days with a copy of the non-renewal or cancellation notice, or written specifics as to which coverage is no longer in compliance. It shall be the Contractor’s responsibility to make immediate notification to Calvert County Government if any changes are made to the policy.

SUBLETTING OF CONTRACT OR ASSIGNMENT OF CONTRACT FUNDS

It is mutually understood and agreed that the Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of their contractual duties to any other person, company, or corporation without the previous written consent of Calvert County Government.

If the Contractor desires to assign their right to payment of the Contract, the Contractor shall immediately notify Calvert County Government, in writing, of such assignment of right to payment. In no case shall such assignment of the Contract relieve the Contractor from their obligations or change the terms of the Contract.

SUBCONTRACTING

No subcontracting shall be permitted under this Contract.

TERMINATION OF CONTRACT

Calvert County Government may terminate a Contract, in whole or in part, whenever Calvert County Government determines that such termination is in the best interest of Calvert County Government, without showing cause, upon giving written notice to the Contractor. Calvert County Government shall pay all reasonable costs incurred by the Contractor up to the date of termination. However, in no event shall the Contractor be paid an amount which exceeds the price proposed for the work performed. The Contractor shall not be reimbursed for any profits which may have been anticipated but which have not been earned up to the date of termination.

When the Contractor has not performed or has unsatisfactorily performed the Contract, Calvert County Government may terminate the Contract for default. Upon termination for default, payment may be withheld at the discretion of Calvert County Government. Failure on the part of a Contractor to fulfill the contractual obligations shall be considered just cause for termination of the Contract. The Contractor shall be paid for work satisfactorily performed prior to termination, less any excess costs incurred by Calvert County Government in completing the Contractor’s obligations under the Contract.

AVAILABILITY OF FUNDS

Multi-year contracts may be continued each fiscal year only after funding appropriations and program approvals have been granted by Calvert County Government. In the event Calvert County Government does not appropriate funds for the continuation of this Contract, then the affected multi-year contract becomes null and void effective July 1 of the fiscal year for which such approvals have been denied.

Calvert County Government reserves the right to immediately terminate a Contract in the event funds are no longer available or have been exhausted. If Calvert County Government shall terminate a contract, Calvert County Government shall attempt to give written notice at least thirty (30) calendar days in advance of the effective date. The Contractor shall be paid for all labor and material provided as of termination date. No consideration shall be given for anticipated loss of revenue or profit on the cancelled portion of the Contract.

SERVICE DELIVERY FAILURES

Failures of a Contractor to provide the services required under this Contract within the time specified, or within reasonable time as interpreted by Calvert County Government shall constitute authority for Calvert County Government to procure the services required under this Contract in the open market. On all such purchases, the Contractor shall reimburse Calvert County Government, within a reasonable time as specified by Calvert County Government, for any expense incurred in excess of Contract prices. Such purchases shall be deducted from Contract quantities.

DELIVERY AND POINT OF DESTINATION

All products shipped on behalf of Calvert County Government shall be shipped F.O.B. DESTINATION unless otherwise stated in the Contract.

NON-LIABILITY

The Contractor shall not be liable in damages for delay in shipment or failure to deliver when such delay or failure is the result of fire, flood, strike, the transportation carrier, act of God, act of Government, act of an alien enemy or by any other circumstances which, in Calvert County Government's opinion, is unforeseeable and beyond the control of the Contractor. Under such circumstances, however, the Procurement Office may at their discretion, cancel the Contract.

BREACH OF CONTRACT

1. In the event the Contractor shall fail to comply with any of the terms or conditions of the Contract Documents, the Project Manager shall notify the Contractor of such failure or default and demand that the same be remedied within five (5) business days. In the event of the failure of the Contractor to remedy the same within said period, the Project Manager shall authorize the services to be procured from any available source, with the difference between the actual cost paid and the defaulting Contractor to be deducted from any monies due the defaulting Contractor or their surety.

2. In addition to those instances specifically referred to in other sections herein contained, Calvert County Government shall have the right at its option to terminate the Contract under any one or more of the following:

A. If the Contractor becomes insolvent.

B. If the Contractor makes an assignment for the benefit of creditors pursuant to the statutes in such case made and provided without notification or approval from Calvert County Government.

C. In the event a voluntary or involuntary petition in bankruptcy shall be filed by or against the Contractor.

D. In the event the Contractor fails to commence work in accordance with the specifications of this RFP.

E. In the event the Contractor shall abandon the work or any portion of the work to be performed under this contract before completion.

F. If the Contractor shall fail to fully, properly, and in a good and workman-like manner perform any or all of the conditions, covenants, terms, or conditions contained within the Contract Documents.

G. If the Contractor shall sublet, assign, convey, or otherwise dispose of his Contract or any portion thereof other than in accordance with the terms set forth within the Contract Documents.

H. If a receiver or receivers or any other person shall be appointed by court order to take charge or custody of the Contractor's property, financial affairs, or business.

I. If Calvert County Government shall be of the opinion that the Contractor is not or has not been performing the Contract in good faith and in accordance with the terms of the specifications.

OWNERSHIP OF DOCUMENTS

Any reports, specifications, or other documents prepared by the Contractor in the performance of its obligations under the resulting contract shall be the exclusive property of Calvert County Government, and all such materials shall be surrendered to Calvert County Government upon completion, termination, or cancellation of this Contract. The Contractor shall not use, willingly allow, or cause such materials to be used for any other purpose than performance of all Contractor’s obligations under the resulting Contract without the prior written consent of Calvert County Government. Documents and materials developed by the Contractor under the resulting contract shall be the property of Calvert County Government; however, the Contractor may retain file copies, which cannot be used without prior written consent of Calvert County Government. Calvert County Government agrees that the Contractor shall not be liable for any damages, loss, or injury resulting from future use of the provided documents for other than the project specified when the Contractor is not the company of record.

PAYMENT(S)

Payment(s) shall be made after satisfactory performance of work required during the course of the Contract, in accordance with all of the provisions thereof, and upon receipt of properly completed invoice.

Calvert County Government reserves the right to withhold any or all payments or portions thereof for Contractor’s failure to perform in accordance with the provisions of the Contract or any modifications thereto.

INCURRING COSTS

Calvert County Government shall not be liable for any costs incurred by the Contractor prior to the issuance of the Contract.

COMPLETENESS

All information required by this RFP shall be supplied to constitute a proper proposal. Calvert County Government shall not be responsible for the premature opening of proposals if not properly addressed or identified.

NOTICE OF POLITICAL CONTRIBUTIONS

The Contractor agrees, in accordance with the current Maryland Code, State Finance and Procurement Article, §17-402, to comply with the political contribution reporting requirements, as amended from time to time, to which the Contractor may be subject.

COOPERATIVE PURCHASES

1. Acceptance of this bid and submission of a proposal is an agreement to extend the same prices, terms, and conditions to other governmental agencies, and public or quasi-public agencies that receive government funds that require these commodities or services.

2. All purchase and payment transactions shall be made directly between the Contractor and the requesting entity. Calvert County Government assumes no obligation on behalf of any other public entity.

ARITHMETICAL ERRORS

Any errors in computations shall be corrected when the proposals are canvassed.

GENDER NEUTRAL CLAUSE

Wherever used herein, a pronoun in the masculine gender shall be considered as including the feminine gender unless the context clearly indicates otherwise.

SOVEREIGN IMMUNITY

By entering into this Contract, Calvert County Government and its “employees,” as defined in the Local Government Tort Claims Act, §§5-301, et seq. of the Courts and Judicial Proceedings Article, do not waive sovereign immunity, do not waive: any defenses; any limitations of liability as may be provided for by law; or any provision of the Local Government Tort Claims Act.

THIRD PARTY BENEFICIARY

It is specifically agreed between the parties executing this Contract that it is not intended by any of the provisions of this Contract to create in the public or any member thereof, third party beneficiary status in connection with the performance of the obligations herein without the written consent of Calvert County Government and notwithstanding its concurrence in or approval of the award of any contract or subcontract or the solicitation thereof in fulfilling the obligations of the Contract.

NO INDIVIDUAL LIABILITY

No elected official, appointed official, employee, servant, agent, or law enforcement officer shall be held personally liable under this Contract and any extension or renewals thereof because of its enforcement or attempted enforcement provided they are acting within the course and scope of their employment or governmental duties and responsibilities.

SUFFICIENT APPROPRIATIONS

Calvert County Government's financial obligations, if any, under this Contract are contingent upon sufficient appropriations and authorization being made by Calvert County Government for the performance of this Contract. Calvert County Government's decision as to whether sufficient appropriations are available shall be accepted by the other party or parties to this Contract and shall be final.

SEVERABILITY

In the event any portion of this Contract is found to be unconstitutional, illegal, null, or void, by a court of competent jurisdiction, it is the intent of Calvert County Government to sever only the invalid portion or provision, and that the remainder of the Contract shall be enforceable and valid, unless deletion of the invalid portion would defeat the clear purpose of the Contract, or unless deletion of the valid portion would produce a result inconsistent with the purpose and intent of Calvert County Government in entering into this Contract.

ENTIRE AGREEMENT

The parties hereto agree that the above writing constitutes the entire Contract between them concerning this matter and that there are no understanding, promises, or arrangements binding either part hereto that have not been written herein. The parties further agree that this Contract can be amended only by written agreement signed by the parties hereto.

CHOICE OF LAW

This Contract shall be governed by the internal laws of Maryland, without giving effect to its choice of law provisions, and any action brought by or between the parties shall vest jurisdiction and venue exclusively in the Courts located in Calvert County, Maryland.

PUBLICITY

Except without the prior written approval of the Board, the Contractor shall not release for publication any report, specification, cost estimate, or other material of any nature for which services are performed under the terms of this Contract.

SPECIFICATIONS

1. INTRODUCTION

Calvert County Government is soliciting sealed proposals from qualified Contractors to furnish all labor, materials, equipment, and supervision to provide and deliver prepackaged ice cream for concession sales as well as provide and maintain ice cream cabinets for the Department of Parks & Recreation (hereinafter, “P&R”) at specified locations. The Contractor shall provide high-quality products and services in accordance with these specifications.

2. SCOPE OF WORK

The Contractor shall provide and deliver various types of pre-packaged ice cream for concession sales to Concession Stand locations throughout Calvert County, Maryland. P&R staff will place orders with the Contractor on an as needed basis. The Contractor SHALL NOT be responsible for serving ice cream to concession stand patrons. Contractor shall also provide and maintain ice cream cabinets, as well as provide display boards and stickers.

A. PRODUCTS

Examples of products historically purchased include, but shall not be limited to:

Good Humor Character Ice Creams (Spiderman, Spongebob Squarepants, etc.)

Good Humor Flavored Ice Cream Bars

Good Humor King Kone

Good Humor Cookie Sandwiches

Mrs. Fields Cookie Sandwiches

Hershey’s Ice Cream Products (Snickers Ice Cream Bar, Twix Ice Cream Bar, Reese’s Ice Cream Cup)

Klondike Products (Cones, Bars, Sandwich)

Popsicle Products (Rainbow Pop, Big Stick Rainbow)

B. PACKAGING AND DELIVERY

The Contractor shall:

1) Provide a website, email, or phone number for placing orders.

2) Confirm all orders by email to the Project Manager within one (1) hour (sixty [60] minutes) of receipt of online, email, or phone orders.

3) Ensure all products are packaged in containers that are new, appropriately designed for the product and sturdy enough to protect the product during loading, transit, unloading, and storage, and be suitably packed to secure the lowest transportation cost. Products shall be delivered frozen, temperature-controlled, and in original, undamaged packaging.

4) Be responsible for paying all freight, delivery, handling, and other charges incurred in the transportation and delivery of products to each location.

5) Deliver products to the following locations:

a. Cove Point Park Pool 750 Cove Point Road Lusby, Maryland 20657

b. Kings Landing Pool 3255 Kings Landing Road Huntingtown, Maryland 20639

c. Breezy Point Beach and Campground 5300 Breezy Point Road Chesapeake Beach, Maryland 20732

6) Ensure delivery personnel are neat in appearance, wear uniforms, with name identifying name and the company.

a. Whenever the Project Manager shall, in writing, notify the Contractor that any person employed on the work either for ordering or delivery is, in his opinion, dishonest, incompetent, disobedient, unfaithful, disorderly, discourteous, or otherwise unsatisfactory, such person shall be removed and shall not again be employed on the work, except with the consent of the Project Manager.

7) Deliver orders received between 11:00 a.m. to 5:00 p.m., Monday through Friday.

8) Provide inside delivery, F.O.B. delivery point, directly to the requested location within one (1) to three (3) business days after receipt of order. Contractor shall bear all freight charges.

9) Assume the risk of loss until the product is delivered to, accepted, and signed for by P&R staff.

10) Provide a paper invoice to the P&R staff member receiving the products, as well as provide a digital invoice by email to the Project Manager within one (1) hour of delivery.

11) Notify Calvert County Government in the event of unforeseen delay in delivery.

12) In case of facility closure, product shall be delivered the following day during delivery window.

C. ICE CREAM CABINETS

The Contractor shall:

1) Furnish 60-inch, 16-cubic feet Display Ice Cream Freezers at no cost to Calvert County Government, in quantities which correspond to each location’s consumption as follows:

a. Three (3) freezers shall be furnished at Cove Point Park Pool.

b. Two (2) freezers shall be furnished at King’s Landing Pool.

c. Two (2) freezers shall be furnished at Breezy Point Beach and Campground.

2) Be required to increase refrigerated storage capacity if P&R staff determines that ice cream cabinets are not sufficient for a location’s needs. These are subject to change and are best estimates.

3) Perform an annual inspection on the ice cream cabinet during the first week of

May at no cost to Calvert County Government.

4) Service ice cream cabinets provided under this contract at the request of P&R personnel. Respond to a reported issue within 2 hours of initial complaint and arrange repairs within 24 hours at no cost to Calvert County Government.

5) Replace ice cream cabinets at no charge when, in the opinion of authorized P&R personnel, the equipment is not giving satisfactory performance.

6) Be liable for spoilage of all products in the freezer in the event of failure of

Contractor provided equipment. Compromised goods due to freezer malfunction shall be replaced within a 24-hour period.

D. DISPLAYS

The Contractor shall provide a product display board made of either foam, poster, or cardboard measuring no smaller than 18” x 24” and no larger than 27” x 40”. One (1) product display board shall be provided for each location. Product stickers for each item purchased shall also be included on every board at each location.

The Contractor shall replace damaged product display boards and product stickers as needed. Additionally, one (1) new product display board and updated stickers shall be provided for each location during the first week of May at no cost to Calvert County Government.

C. PRICING

The Contractor shall be required to provide a fixed percentage discount from the Contractor’s published catalog/pricelist for products during the course of the Contract During the course of the Contract if prices fluctuate, the Contractor shall provide an updated catalog/pricelist in a readily available and searchable electronic format, either in Excel or Searchable PDF format. If products have a price increase, the Contractor shall also provide documentation from the manufacturer(s) to justify such increase.

If the Contractor has a sale or better discount on any product that is lower than the discount offered under the Contract, the Contractor shall apply the lower price to any order.

D. PRICE QUOTES

During the course of the Contract, the Contractor shall provide Calvert County Government written price quotes based on the Contractor’s current catalog/pricelist supplied to Calvert County Government which provide specific details about the product(s) being quoted including the contract number, date, detailed description, quantity, unit of measure, list price, discount percent (consistent with percent discount offered in response to this RFP), and final discounted price. Price quotes shall be valid for a minimum of thirty (30) calendar days. Price quotes shall be delivered by email attachments or other technology for Calvert County Government review of a written description of the quote.

E. ACCOUNT REPRESENTATIVE

The Contractor shall have a dedicated account team representative and an individual who…