HCPSS RFP #006.27.B8

Non-Medical Personal-Care Temporary Staff

Procurement Office 10910 Clarksville Pike

Ellicott City, Maryland 21042 https://purchasing.hcpss.org

REQUEST FOR PROPOSAL

RFP #006.27.B8

To All Interested Bidders:

The Howard County Public School System (HCPSS) is soliciting staffing services for temporary, non-medical personnel to support the Department of Special Education in classrooms across the school system.

Solicitation Issue Date: 08/17/2026 Question Deadline: 08/26/2026 at 4:00 P.M. EDT Bid Due Date and Time: 09/30/2026 at 4:00 P.M. EDT

Proposals shall be submitted electronically through Euna Procurement (hereinafter referred to as Bonfire).

Late proposals will not be considered. It is the responsibility of each offeror to ensure that their proposal is uploaded to Bonfire prior to the scheduled closing date and time. Offerors shall allow for enough time for uploading and submitting proposal documents. The portal will close the solicitation at the exact closing time.

If any offeror is timed out and in the middle of uploading when the solicitation closes, we will not accept the proposal thereafter. It is the potential offeror’s responsibility to regularly visit Bonfire to download and acknowledge receipt of all Addenda. The Board reserves the right to waive any informalities or to reject in whole or in part any or all proposals.

Certified Minority Business Enterprises and Veteran-Owned Businesses are encouraged to respond to this RFP.

TABLE OF CONTENTS

SECTION I: GENERAL INFORMATION

SECTION II: TERMS AND CONDITIONS

SECTION III: SPECIFICATIONS/SCOPE OF WORK

SECTION IV: PROPOSAL EVALUATIONS

APPENDIX A: BID PRICE

BID PRICE SIGNATURE SHEET

APPENDIX B: INSURANCE REQUIREMENTS

APPENDIX C: STUDENT DATA SHARING AGREEMENT

APPENDIX D: BID AFFIDAVIT

APPENDIX E: CONTRACTOR PERFORMANCE/EVALUATION SCORECARD

APPENDIX F: EDUCATION ARTICLE 6-113.2 AFFIDAVIT

APPENDIX I: CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY

MATTERS

SECTION I: GENERAL INFORMATION

1.1. PURPOSE

A. The Howard County Board of Education, (hereinafter referred to as the Howard County Public School System or “HCPSS”), issued this Request for Proposal (RFP) to solicit proposals form staffing agencies able to provide Temporary Employee Personnel who shall serve as non-medical companions that assist students who have extensive cognitive, medical, physical, and/or behavioral disabilities with the demands of academic tasks or functional skills during school hours.

1.2. BACKGROUND

A. HCPSS is governed by the Board of Education of Howard County. The school system consists of 78 schools has approximately 9,000 employees and serves approximately 58,000 students. The mission of the Howard County Public School System (HCPSS) is to ensure academic success and social-emotional well-being for each student in an inclusive and nurturing environment that closes opportunity gaps.

B. The times stated in this document refer to the Eastern Time Zone. HCPSS’ regular office hours are 8:30 a.m. to 4:30 p.m., Monday through Friday, except for holidays.

1.3. QUESTIONS

A. Offerors are responsible for reviewing and understanding this solicitation. To that end, prospective bidders may submit questions to the HCPSS Procurement Specialist. The Procurement Specialist is the only person authorized to answer questions regarding this RFP. Offerors should not rely on information obtained from any source other than the named Procurement Specialist.

B. Questions must be in writing and submitted through the Bonfire (Euna Procurement) portal. Oral communications are not binding.

C. The Procurement Specialist will upload to Bonfire a written summary of responses to timely-received questions in the form of an addendum.

D. Under no circumstances are bidders, including third party vendors or their staff, to contact any other HCPSS staff, employees or any related constituency for purposes associated with this solicitation, including but not limited to, obtaining, or providing information. Bidders failing to comply with this requirement may be disqualified.

1.4. ESTIMATED QUANTITIES

HCPSS typically requires between 40 – 50 Temporary Employee Personnel (non-medical personal-care staff) across their 42 elementary schools, 20 middle-schools, and 13 high-schools. The majority of Temporary Employee Personnel will be supporting elementary school-age children (approximately 30 – 35 staff-people). Approximately 10 middle-school students require support from a non-medical personal-care staff-person, and the number of high-school students requiring support is typically 5 or less.

Temporary Employee Personnel are typically needed for 24 hours/week, Monday – Friday when school is in session during the HCPSS school year.

All offerors are advised that such staffing-levels are estimates only and further understand and agree that in providing such estimates, the school system makes no guarantee that any or all of the estimated work will be assigned to the selected Contractor(s).

1.5. CONTRACT TERM

Any resulting contract(s) shall commence upon award. HCPSS intends to award a one-year contract with six (6) additional one-year renewal options pending successful performance and availability of funding.

1.6. PRE-PROPOSAL MEETING

There will be no pre-proposal meeting for this solicitation.

1.7. SUBMISSION INSTRUCTIONS

A. Proposals must be uploaded and submitted through Bonfire by the time and date specified in the Request for Proposal to be considered for this project. If a offeror needs assistance with Bonfire, please contact the Bonfire helpdesk.

B. Proposals must contain all documents requested in Section 1.8 Required Documents. Upload into Bonfire one (1) completed copy of each document with signatures where applicable. Wet signatures, electronic signatures, or scanned signatures will be accepted. If an offeror includes supplemental documents such as brochures, they must be uploaded into Bonfire.

C. LATE SUBMISSIONS WILL NOT BE ACCEPTED. NO EXCEPTIONS. Offerors shall allow for enough time for uploading and submitting bid documents. The portal will close the solicitation at the exact closing time. If any offeror is timed out and in the middle of uploading when the solicitation closes, we will not accept the bid thereafter. Any proposal received after the time and date specified, or at a different location, will not be opened or given any consideration.

1.8. REQUIRED DOCUMENTS

Proposal submissions must be accompanied by the fully completed documents identified below. Failure to submit all required documents when indicated may result in Offeror being found non-responsive and therefore disqualified from the solicitation. Offerors are advised that if a Contract is awarded as a result of this solicitation, the successful offeror (also referred to herein as “Contractor”) will be required to complete and submit additional forms after notification of recommended award. These documents will be requested by the Procurement Specialist. Failure to submit the documents by the date required may result in forfeiture of award by the Contractor.

The following documents must be submitted with Bidder’s submission:

• Appendix A: Price Proposal

• Price Proposal Signature Sheet

• Appendix D: Proposal Affidavit

• Appendix F: Education Article 6-113.2 Affidavit

• Appendix I: Certification Regarding Debarment, Suspension, and Other Responsibility Matters

• Recent signed W-9

• Bonfire Solicitation Document (completed online in the Bonfire).

The following documents must be submitted within ten (10) days after notification of award from

HCPSS:

• HCPSS Standard Contract signed by bidder

• Certificate of Insurance with Howard County Board of Education listed as additionally insured and the certificate holder.

1.9. NO OBLIGATION

HCPSS shall pay no costs or other amounts incurred by any entity in responding to this RFP or prior to the effective date of the contract entered into for the services provided. HCPSS reserves the right, in their sole discretion, to select qualified responses to this RFP without discussion of responses with offerors. HCPSS reserves the right to reject any or all submitted responses. All submittals will become a part of the HCPSS official procurement files and will be available for public inspection.

1.10. OFFEROR OBLIGATIONS

Offeror will be the sole point of contract responsibility. HCPSS will look solely to Offeror for performance of the contract. Subcontractors will not be accepted for this solicitation.

1.11. RIGHT TO AMEND MODIFY OR WITHDRAW RFP

HCPSS reserves the right, in their sole discretion, to amend, or modify any provisions of this RFP, or to withdraw or cancel this RFP, at any time prior to the award of a Contract, if it is in the best interest of HCPSS to do so. The decision of HCPSS shall be administratively final and shall be made by the HCPSS Director of Procurement. HCPSS reserves the right to negotiate a contract amendment with the Offeror for additional services that may be required.

1.12. PRICE GUARANTEE

The Offeror guarantees that the proposal price shall be effective for a period of not less than one hundred eighty (180) days from the date proposals are due.

1.13. EXCEPTIONS

If an offeror takes any exceptions to the terms and conditions of the RFP, the offeror shall send the exception to the Procurement Specialist via email to lena_lee@hcpss.org no later than the deadline to submit questions. Failure to take exceptions within the timelines indicated shall be construed by HCPSS as full acceptance of the stated terms and conditions. Exceptions and/or modifications to the terms and conditions of the RFP are not accepted as an integral part of any awarded contract unless they have been agreed to in writing by an authorized HCPSS representative.

1.14. SIGNING OF FORMS

A. The Proposal, if submitted by an individual, shall be signed by the individual; if submitted by a partnership, shall be signed by such member or members of the partnership as have authority to bind the partnership; if submitted by a corporation, shall be signed by an officer and attested by the corporate secretary or an assistant corporate secretary. If not signed by an officer there must be attached a copy of that portion of the by-laws or a copy of the board resolution, duly certified by the corporate secretary, showing the authority of the person signing on behalf of the corporation.

B. If awarded a contract for these services, the contractor agrees to sign the Standard Contract Agreement (See Contract Sample in Bonfire).

1.15. PROPOSAL WITHDRAWAL

No proposal may be withdrawn after it is submitted to HCPSS unless the Offeror makes a written request to the Procurement Specialist before the time set for receipt of proposals, or if HCPSS fails to award or issue a notice of intent to award, or the Offeror provides clear and convincing evidence that a mistake in the price proposal has been made, and only then with the approval of the HCPSS Director of Procurement.

Note: Bonfire allows submissions to be withdrawn and edited until the closing time and date of the solicitation.

1.16. BUSINESS REGISTRATION

Before a business entity can do business in the State of Maryland, it must be registered with the State Department of Assessments and Taxation (SDAT) and be “in good standing”. For registration information, please visit https://www.egov.maryland.gov/businessexpress. Offeror’s failure to complete registration with SDAT will disqualify an otherwise successful Offeror from final consideration and recommendation for Contract award.

1.17. COMPETITIVE SEALED PROPOSAL PROCESS

A. Offerors shall submit all requirements as set forth in the RFP.

B. The HCPSS Procurement Specialist will review each submission. Offerors whose technical offers are determined to be not responsive, or offerors determined to be not responsible shall be rejected.

C. Qualified proposals shall be evaluated by an evaluation committee in accordance with the specifications and evaluation criteria contained herein. Technical proposals classified by the evaluation committee as not responsive, or Offerors determined as not responsible shall be rejected.

D. The evaluation committee, after an initial review of the responses, may elect to conduct discussions for the purpose of ensuring a complete understanding of HCPSS requirements and Offeror’s technical proposal.

E. Upon completion of the evaluation, and discussions, if held, the evaluation committee shall make a recommendation to the Director of Procurement. The said recommendation shall be based on the highest evaluated score considering the evaluation criteria set forth in the RFP. Recommendation of award shall be made to the firm receiving the highest evaluated total score.

F. When in the best interest of HCPSS, the Procurement Specialist may permit offerors who have submitted acceptable proposals to submit written best and final offers.

G. The contract award may be subject to approval by the Howard County Board of Education. Upon approval of the Board, the unsuccessful offerors will be notified.

1.18. IRREGULARITIES AND ERRORS

A. HCPSS reserves the right to waive any minor mistakes in the solicitation or proposal. HCPSS reserves the right to negotiate or modify any element of the solicitation to ensure that the best possible arrangements for achieving the stated purpose are obtained.

B. If an offeror discovers any ambiguities, conflicts, discrepancies, exclusionary specifications, omissions, or other errors in this RFP, the offer must immediately notify the Procurement Office. If an offeror fails to notify the Issuing Office, such offeror submits a response at their own risk and under such conditions. If such offeror is awarded a contract, then it is not entitled to additional compensation, relief, or time by reason of the error or its later correction.

C. Failure of the offeror to thoroughly understand all aspects of the solicitation before submitting their proposal will not act as an excuse to permit withdrawal of their proposal nor secure relief or plea of error. Neither law nor regulation makes allowances for errors or omissions on the part of the offeror.

D. HCPSS reserves the right to change the contents of this solicitation. Changes will be made in the form of written addenda and posted to Bonfire.

E. It is the Offerors’ sole responsibility to monitor Bonfire prior to submitting their proposal and acknowledge receipt of said addenda on the proper form. Failure to do so may result in non-receipt of important information and may not relieve such Offeror from any obligation under their proposal submittal.

This Page Intentionally Blank.

SECTION II: TERMS AND CONDITIONS

2.1. CONTRACT AWARD

A. It is the intent of the Board of Education of Howard County on behalf of the Howard County Public School System to award the highest ranking responsive and responsible Offeror(s) capable of meeting the requirements. HCPSS retains the right to award in aggregate, item-by-item, group-by-group, in full or in part, make multiple awards, partial awards, to increase or decrease quantities where quantities are shown and may reject any offer which indicates any omission, contains alteration of form or additions, or imposes conditions, or offers alternate items and may make any award which is deemed in the best interest of the HCPSS or to make no award at all at its sole discretion.

B. HCPSS shall be the sole authority as to whether Offeror’s proposal meets specifications or are an approved equal and further reserves the right to reject any or all proposals or waive any informality which may appear to be in its best interest. HCPSS further reserves the right to consider information other than price when evaluating bids.

C. HCPSS reserves the right to make an award with or without negotiations or to request best and final offers or to make award with or without further review.

D. In the event of a tie where all factors are equal, award shall be made to one of the tie offerors in the following order of preference: Howard County based Bidder, the out-of-county offeror but incorporated in Maryland, and then the out-of-state-based offeror. In the event a tie still exists, the Director of Procurement or their designee, shall conduct a coin toss for selection of the potential Contractor or seek a geographical, proportional or divided award of contract, whichever is in the best interest of HCPSS.

2.2. CONTRACT DOCUMENTS

A. Contract Documents consist of all solicitation documents, the specifications and scope of work, any applicable addenda, and any additional documentation issued. All materials and documents associated with this solicitation will be included in the Contract which the Board of Education awards as a result of this solicitation and will become the contract. The offeror, by submitting its proposal, agrees that if awarded the contract that it will be bound under the contract to all the Terms and Conditions of the Contract Documents for any future goods and/or services awarded under this contract.

B. If offeror’s proposal is accepted and awarded, it will become incorporated and an integral part of the contract. However, offeror’s terms and conditions and any exceptions to HCPSS terms and conditions, unless expressly accepted by HCPSS, shall be excluded from the contract documents.

2.3. ORDER OF PRECEDENCE

In the event of an inconsistency among provisions of this Request for Proposal, the inconsistency shall be resolved by the following order of precedence:

1. Section III: Specifications

2. Section II: Terms and Conditions

3. Section I: General Information

4. Appendices

2.4. INITIATION OF WORK

A Notice to Proceed is a crucial piece of communication issued by the owner or the owner's authorized representative and/or agent to the contractor, signaling that all pre-contract conditions have been met and that work or services outlined in the Solicitation Documents can begin according to the terms laid out in the contract. A Notice to Proceed may be delivered after the Board of Education of Howard County has approved the spending authority, but prior to the Parties signing of the official contract. The official contract shall be substantially the same as the contract template that has been provided within the solicitation documents. The Contractor shall start work immediately after receiving the Notice to Proceed and the execution of the official contract shall not delay the contractor’s start.

2.5. FUNDING

The contractual obligation of HCPSS under this contract is contingent upon the availability of appropriate funds from which payment for this contract can be made. In the event that the necessary funds are not appropriated, the affected contract becomes null and void effective July 1 of the fiscal year for which funding requests have been denied.

2.6. TAXES

The Howard County Public School System is tax exempt, and any price quoted shall not include federal excise taxes, state or local taxes, or use taxes.

2.7. BILLING AND PAYMENT

A. All invoices shall be submitted to:

Howard County Public School System/Procurement Department 10910 Clarksville Pike Ellicott City, MD 21042

B. Electronic invoicing is accepted. Please contact the contract manager for submission address. To ensure prompt payments, you must follow these guidelines:

C. All invoices must contain a valid Howard County Public School System purchase order number and/or contract number.

D. Invoices shall be itemized and should fully describe the services provided.

E. After review and approval, the invoices shall be submitted to the Office of Accounting for payment.

F. Invoices may be returned for correction. Invoices shall be submitted to HCPSS no later than sixty (60) days following services rendered or HCPSS’ receipt of goods. Contractor agrees to expressly waive its right to payment if invoices are not submitted within sixty (60) days following services rendered, receipt of goods, or completion of project milestones, whichever is later. Untimely receipt of invoices will not be processed nor paid by HCPSS.

2.8. INSURANCE

The Offeror has in force, or shall obtain, and will maintain insurance for the full term of the contract (including any executed renewals) in not less than the amounts specified and in accordance with the requirements contained in Appendix B: Insurance Requirements. The Board of Education of Howard County must be listed on the Policy and listed as a certificate holder as indicated in Appendix B.

2.9. SUBCONTRACTING OR ASSIGNMENT

A. It is mutually understood and agreed that Awarded Bidder shall not assign, transfer, convey, sublet, or otherwise dispose of their contract or their rights, title or interest, therein, or their power to execute such contract in whole or in part to any other person, firm, or corporation, without the previous written consent of the HCPSS Procurement Director, but in no case shall such consent relieve the contractor from their obligation, or change the terms of the contract or purchase order.

B. Assignment or subcontracting without the written approval of HCPSS will be cause for termination.

C. Subcontractors will not be accepted for this solicitation.

2.10. CHANGES, ALTERATIONS OR MODIFICATIONS IN THE SERVICES

A. HCPSS shall have the right, at their discretion, to change, alter, or modify the services provided for in this agreement and such changes, alterations, or modifications may be made even though it will result in an increase or decrease in the services of the Contractor or in the contract cost thereof.

B. If such changes cause an increase or decrease in the Contractor's cost of, or time required for, performance of any service under this contract, whether or not changed by an order or amendment, an equitable adjustment shall be made and the contract shall be modified in writing accordingly. Any claim of the Contractor for adjustment under this clause must be asserted in writing within thirty (30) days from the date of receipt by the Contractor of the notification of change unless the project manager or his duly authorized representative grants a further period of time before the date of final payment under the contract.

C. No services for which an additional cost or fee will be charged by the Contractor shall be furnished without prior written authorization of HCPSS.

2.11. PRICE ADJUSTMENTS

A. For the successful offeror, prices shall remain firm for the duration of the initial term of the contract.

Any requests for price adjustments must be agreed upon in writing prior to any contract renewal.

B. For price adjustments to be enacted in upcoming renewal periods, the Contractor must submit the proposed price adjustment to HCPSS at least sixty (60) days prior to the end of the current performance-period. The price adjustment request must include a statement of the proposed change in the hourly-rate/labor-rate to be paid to the Contractor’s employees during the renewal term. Any proposed changed in hourly-rate/labor-rate must be substantiated with documentation that explains the reason for the change.

C. HCPSS will only consider price adjustments due to labor-rate changes if those changes are based on

1) changes to the Federal minimum wage; OR 2) changes to the Consumer Price Index (CPI-W), Baltimore Region, as published by the Bureau of Labor Standards. Acceptable documentation of these changes would be a print-out from the respective Federal website that shows the effective-date of the change and the amount.

D. Adjustments will be calculated by comparing the current index with the previous year's index so as to determine the change in index points. The point change will then be divided by the price index to obtain the percentage of change. The percentage of change will then be multiplied by .75 to obtain the adjustment to be applied to the current prices.

E. HCPSS will also consider adjustments based on fees outside of the control of the Contractor, such as manufacturer price increases. However, such increases will be a "pass through" to the Howard County Public School System with no markup allowed. For such changes to be considered by the Howard County Public School System, documentation from the manufacturer (or any other applicable party) assessing a cost increase must accompany a written request from the Contractor. The Howard County Public School System will then review the request and advise the Contractor of approval or disapproval of the price change request. Price increase requests will not be considered if not accompanied by the proper information.

F. Any pass-through charges associated with an approved model change shall be held firm for 120 days from the date the model change is approved by the HCPSS. All pass-through charges must be supported by manufacturer documentation and are subject to HCPSS review and approval.

G. Price-adjustment requests for increases above 5% year-over-year will not be considered.

2.12. DELAYS AND EXTENSIONS OF TIME

The Contractor shall execute the work continuously and diligently and no charges or claims for damages shall be made by the Contractor for any delays, acceleration, or hindrance, from any cause whatsoever, during the progress of any portion of the services specified in the contract documents. Any and all time extensions and/or changes/substitutions of products, materials, equipment, and/or supplies must be requested in writing by the Contractor before the extension and/or change takes place, and must be approved in writing by HCPSS. Such delays, acceleration, or hindrances, if any, may be compensated for by an extension of time for such reasonable period as HCPSS may decide. Time extensions may be granted only for excusable delays such as delays beyond the control and without the fault or negligence of the Contractor.

2.13. REMEDIES AND TERMINATION

A. Correction of Errors, Defects, and Omissions: The Contractor agrees to perform work as may be necessary to correct errors, defects, and omissions in the services required under the contract documents without undue delays and without cost to HCPSS. The acceptance of the work set forth herein by HCPSS shall not relieve the Contractor of this responsibility.

B. Set-Off: HCPSS may deduct from and set-off against any amounts due and payable to the Contractor any back-charges or damages sustained by HCPSS by virtue of any breach of this agreement by the Contractor to perform the services or any part of the services in a satisfactory manner. Nothing herein shall be construed to relieve the Contractor of liability for additional construction and design or other costs, expenses, and damages resulting from a failure to satisfactorily perform the services. Nothing herein shall limit the liability of the Contractor for damages and HCPSS may affirmatively collect damages from the Contractor.

C. Termination for Cause: If the Contractor fails to fulfill its obligations under this contract properly and on time, otherwise violates any provision of the contract, HCPSS may terminate the contract by providing thirty (30) days’ written notice to the Contractor. The notice shall specify the acts of omissions relied on as cause for termination. All finished or unfinished supplies and services provided by the Contractor, shall at HCPSS's option, become HCPSS property. HCPSS shall pay fair and equitable compensation for satisfactory performance of services or goods delivered prior to the receipt of notice of termination, less the amount of damages caused by Contractor’s breach. If the damages are more than the compensation payable to the Contractor, the Contractor will remain liable after termination and HCPSS can affirmatively collect damages.

D. Termination for Convenience: HCPSS has the right to withdraw from the terms of the contract in whole or in part, without showing cause, by providing thirty (30) calendar days written notice to the Contractor. HCPSS shall pay all reasonable costs incurred by the Contractor up to the date of termination. The Contractor shall not be reimbursed for any anticipatory profits, which have not been earned up to the date of termination. The Contractor agrees that the Contractor does not have a right to termination for convenience.

E. Termination for Non-Appropriation of Funds: HCPSS may terminate this contract in whole or in part due to insufficient funding with at least thirty (30) calendar days written notice to the Contractor.

HCPSS shall pay for all of the purchases, if any, incurred up to the date of the termination notice.

However, the Board's failure to provide such notice shall not extend the contract into a fiscal year in which funds for contract payments have not been appropriated or otherwise made available;

provided, however, that this shall not affect either HCPSS’s rights or the Contractor’s rights under any termination clause in this contract. The effect of termination of the contract hereunder shall be to discharge both the Contractor and HCPSS from future performance of the contract, but not from their rights and obligations existing at the time of termination.

F. Obligations of Contractor upon Termination: Upon notice of termination as provided above, the Contractor shall:

G. Take immediate action to orderly discontinue its work and demobilize its work force to minimize the occurrence of costs.

H. Take such action as may be necessary to protect the property of HCPSS, place no further orders or subcontract, and assign to HCPSS in the manner and to the extent directed by HCPSS all of the right, title and if ordered by HCPSS, possession and interest of Contractor under the orders or subcontracts terminated.

I. Deliver to HCPSS all materials, equipment, data, drawings, specifications, reports, estimates, and such other information accumulated by the Contractor which has been or will be reimbursed under this agreement after taking into account any damages that may be payable to HCPSS. Title to such items shall be transferred to HCPSS.

J. Remedies Not Exclusive: The rights and remedies contained in this general condition are in addition to any other right or remedy provided by law, and the exercise of any of them is not a waiver of any other right or remedy provided by law.

2.14. RESPONSIBILITIES AND WARRANTIES

A. Contractor shall perform the services and/or provide the goods with that standard of care, skill, and diligence normally provided by a Contractor, or professional in the performance of services and/or goods similar to the services and/or goods hereunder.

B. Notwithstanding any review, approval, acceptance, or payment for the services by HCPSS, the Contractor shall be responsible for professional and technical accuracy of its work furnished by the Contractor under this agreement.

C. HCPSS's review, approval, or acceptance of, nor payment for, any of the services required under this contract shall NOT be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract, and the Contractor shall be and remain liable to HCPSS in accordance with applicable law for all damages to HCPSS caused by the Contractor's negligent performance of any or the services furnished under this contract.

D. Contractor warrants that it is qualified to do business in the State of Maryland and that it will take such action as, from time-to-time hereafter, may be necessary to remain so qualified.

E. Contractor warrants that it is not in arrears with respect to the payment of any monies due and owing the county or state, of any department or agency thereof, including but not limited to the payment of taxes and employee benefits, and that it shall not become so in arrears during the term of this agreement.

F. Contractor warrants that it shall comply with all federal, state, and local law, ordinances and legally enforceable rules and regulations applicable to its activities and obligations under this agreement.

G. Contractor warrants that it shall procure, at its expense, all licenses, permits, insurance, and governmental approval, if any, necessary to the performance of its obligations under this agreement.

H. Contractor agrees that the equipment or supplies furnished under this award and or contract shall be covered by the most favorable commercial warranties the Contractor gives to any customer for such equipment or supplies and that the right and remedies provided herein are in addition to and do not limit any rights afforded to the HCPSS by any other clauses of the contract. All equipment shall in the very least carry a standard factory warranty against defects in parts and workmanship for the time period stated in the product warranty specifications and/or for two (2) years from date of acceptance.

If the manufacturer warrants equipment for a period longer than two (2) years, the Contractor shall pass through this time to HCPSS. All warranty work shall be accomplished to the satisfaction of HCPSS within seventy-two (72) Hours of notification of the work to be done.

2.15. PROTESTS AND DISPUTES

A. Except as otherwise provided in these contractual documents, any claim, dispute, or other matter in question concerning a question of fact shall initially be referred to the Procurement Specialist in writing, no later than seven (7) calendar days after the basis for the claim or dispute is known or should have been known. A formal written response to the claim or dispute shall be issued by the Procurement Specialist in a timely manner. If the Offeror is unsatisfied with this response, the Offeror may appeal the Procurement Specialist’s decision to the Director of Procurement, who shall reduce his decision in writing and mail or otherwise furnish a copy to the Award Bidder. This decision of the Director of Procurement shall be the final and conclusive action.

B. HCPSS reserves the right to proceed with the work under the Contract Documents during the dispute process if it is in the best interest of HCPSS, at HCPSS’ sole discretion. There shall be no appeal or dispute of termination for non-appropriation of funds or for loss of appropriated funds. Any costs incurred in the dispute process will be borne by the offeror in all instances.

2.16. GOVERNING LAW AND VENUE

The Contract Documents shall be governed by the laws of the State of Maryland and nothing in these Contract Documents shall be interpreted to preclude HCPSS from seeking, after completion or termination of the agreement, any and all remedies provided by law. Any lawsuit arising out of the Contract Documents shall be filed in the appropriate state court of competent jurisdiction located in Howard County, Maryland.

2.17. WAIVER OF JURY TRIAL

The Contractor and HCPSS hereby waive trial by jury in any action or proceeding to which HCPSS and/or Contractor are parties arising out of or in any way pertaining to the Contract Documents. It is agreed and understood that this waiver constitutes a waiver of trial by jury of all claims against all parties to such actions or proceedings, including claims against parties who are not parties to the Contract Documents. This waiver is knowingly, willingly and voluntarily made by HCPSS and the Contractor and the Contractor hereby represent and warrant that no representations of fact or opinion have been made by and individual to induce this waiver of trial by jury or to in any way modify or nullify its effect. The parties further represent and warrant that they have been represented or have had the opportunity to be represented, in the signing of the Contract Documents and in the making of this waiver by legal counsel, selected of their own free will, and that they have had the opportunity to discuss this waiver with legal counsel.

2.18. EXAMINATION OF RECORDS

Contractor agrees that the auditor of HCPSS or any of their duly authorized representatives shall, have five

(5) years after the final renewal expiration date under this contract, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor involving transactions related to this contract.

2.19. DISSEMINATION OF INFORMATION

During the term of this agreement, the Contractor shall not release any information related to the services or performance of the services under this agreement nor publish any final reports or documents without the prior written approval of the HCPSS contract manager.

2.20. COOPERATIVE PURCHASING CLAUSE

A. In accordance with State Finance and Procurement Article, Sect. 13-110, Maryland Annotated Code, HCPSS reserves the right to extend the terms of any contract resulting from this bid to public bodies, subdivisions, school districts, community colleges, colleges, and universities including nonpublic schools. The Contractor agrees to notify HCPSS of those entities that request to use any contract resulting from this proposal and provide usage information to HCPSS, if requested.

B. Howard County Public School System (HCPSS) assumes no authority, liability, or obligation, on behalf of any other public or non-public entity that may enter into a cooperative agreement associated with the contract resulting from this proposal. All purchases and payment transactions will be made directly between the contractor and the requesting entity.

2.21. NON-HIRING OF OFFICIALS AND EMPLOYEES

No official or employee of HCPSS whose duties as such official or employee include matters relating to or affecting the subject matter of this contract, shall during the pendency and term of this contract and while serving as an official or employee of HCPSS become or be an employee of the contractor or any entity that is a subcontractor on this contract.

2.22. ACCESS TO PUBLIC RECORDS ACT NOTICE

A. The Board of Education of Howard County is subject to the Maryland Public Information Act, General Provisions Article, Title 4 Public Information Act.

B. All information submitted as part of this offer is subject to release under the Maryland Public Information Act (MPIA) unless HCPSS has determined that parts of the submittal are confidential.

C. Prior to the award of bids and contracts, the Board of Education of Howard County reviews and approves cost to be incurred by the school system - therefore, offerors should be aware that submission to this RFP may subject your pricing offer to release in a public forum. Additionally, pricing and payments made by HCPSS under the resulting Contract may also become subject to release as public information. HCPSS may consider both the ability to obtain necessary pricing from future offerors as well as the potential to cause harm to the competitive position of offerors in determining release of pricing detail. If you would like HCPSS to consider redactions in the event that your proposal is subject to a MPIA request, submit a proposed MPIA copy including justifications for each redaction and under what specific exemption that justification is qualified for redaction. Vague and general claims as to confidentiality will not be accepted. It is recommended that respondents consult with their legal counsel regarding disclosure issues and take the appropriate precautions to safeguard trade secrets or any other proprietary information. Final decisions for releasability are the sole responsibility of HCPSS based on available information at the time of receipt of the public information requested.

D. Copyrighted submittals are unacceptable and will be disqualified as non-responsive. All submittals become the property of HCPSS.

2.23. CONTINGENT FEE PROHIBITION

A. The Contractor warrants that they have not employed or retained any person, partnership, corporation, or other entity, other than a bona fide employee or agent working for the Contractor, to solicit or secure this agreement, and that they have not paid or agreed to pay any person, partnership, corporation, or other entity, other than a bona fide employee or agent, any fee or any other consideration contingent on the making of this agreement.

B. For breach or violation of this warranty, HCPSS shall have the right to terminate this agreement without liability, or, at its discretion, to deduct from the contract price or consideration, or percentage, brokerage fee, gift, or contingent fee.

2.24. OWNERSHIP AND USE

A. All materials, including but not limited to training documents, program and software, diagnostic equipment and energy information systems furnished by Bidder to HCPSS in connection to this Program shall remain the property of the School System. No materials will be returned to the Contractor at the end of the contract period including any that are copyrighted. HCPSS shall have the right to continue using all and any control equipment and document materials for as long as the School System desires to do so.

B. All documents, materials or data developed as a result of this contract shall be the property of HCPSS.

Therefore, HCPSS has the right to use and reproduce any documents, materials, and data, including confidential information, used in or developed as a result of this contract. HCPSS may use this information for its own purposes or use it for reporting to state or federal agencies. The Contractor must keep confidential and warrants that it has title to or right of use of all documents, material, or data used or developed in connection with this contract.

2.25. ADHERENCE TO SCHOOL SYSTEM POLICIES AND STATE AND FEDERAL REGULATIONS

The Contractor and any Subcontractor personnel assigned to this project must be cognizant and abide by the Board of Education of Howard County Policies and operating procedures at all times. Health and safety policies and procedures will not be compromised. Proposed programs must not violate or conflict with the Board policies and Implementation Procedures. Moreover, the Contractor shall be cognizant and enforce all federal and state regulations and policies and all bids and subsequent work shall adhere to known regulations and policies.

2.26. SEX OFFENDER NOTIFICATION

A. Maryland law requires certain sex offenders to register with the local law enforcement agency; See Maryland Annotated Code, Criminal Procedure Article, §11-704. One of the purposes of this law is to inform school systems when a Registered Sex Offender is residing or working in the area. When the sex offender registers, the local police are required to notify the Superintendent of Schools, and the Superintendent, in turn, is required to send a notice to school principals.

B. As a contractor/consultant working for HCPSS we require that you do not employ Registered Sex Offenders to work on projects for our school system if they, as a result, are required to perform delivery, installation, repair, construction or any other kind of services on HCPSS property. Further, Maryland Law requires that any person who enters into a contract with a county board of education "may not knowingly employ an individual to work at a school" if the individual is a registered sex offender; See §11- 722 Criminal Procedure Article. An employer who violates this requirement is guilty of a misdemeanor and if convicted may be subject to up to five years imprisonment and/or a $5,000 fine.

C. Each contractor shall regularly screen their workforces to ensure that a Registered Sex Offender does not perform work at a county public school and also ensure that a subcontractor and independent contractor conducts screening of its personnel who may work at a school. The term "work force" is intended to refer to all of the contractor's direct employees and subcontractors and/or independent contractors it uses to perform the work. Violations of this provision may cause HCPSS to take action against the contractor up to and including immediate termination of the contract for cause.

D. Additionally, § 6-113 of the Education Article further requires that a contractor or subcontractor for a local school system may not knowingly assign an employee to work on school property with direct, unsupervised, and uncontrolled access to children, if the employee has been convicted of, or pled guilty or nolo contendere to, a crime involving a sexual offense, child sexual abuse and crimes of violence. The Contractor shall submit to HCPSS a listing of any employees assigned to perform under this agreement and certify that the necessary criminal history records checks have been conducted and that all assigned employees comply with the requirements.

2.27. CRIMINAL HISTORY BACKGROUND CHECKS

All employees, agents, or representatives of the Contractor who will be performing work on any phase of the contract arising out of this Bid may be subject to a criminal history background check by HCPSS. Such persons, if requested by the school system, must provide fingerprints and other required information in accordance with HCPSS requirements to facilitate such a check, as well as pay for the necessary fees to obtain such a check from the federal or state government. At the completion of a background check, the school system may, at its sole discretion, decide that a particular employee, agent, or representative of the Contractor be barred from school system property.

2.28. ETHICS

A. The Board of Education of Howard County has adopted an Ethics policy. Required by state statute, these Ethics regulations cover members of the Board of Education, the Superintendent, and all employees; and it specifies limits of participation of these individuals with entities doing business with The Howard County Public School System. For a copy of the regulations, please contact the Procurement Office, Howard County Department of Education (410) 313-6644.

B. In accordance with Board Policy 2070 (Ethics), bidders are hereby notified that the giving or offering of a gift or series of gifts to a Board official or employee is improper and may result in disqualification from future work on the grounds that the bidder is no longer a responsible bidder. All bidders are placed on notice that all questions/interpretations concerning the Board Ethics Policy may be submitted to the Ethics Review Panel.

2.29. DEBARMENT STATUS

By submitting their bid, the bidder certifies that they are not currently debarred by the State of Maryland or another governmental entity from submitting bids or bids on contracts for the type of products or services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred.

2.30. TOBACCO FREE AND ALCOHOL/DRUG FREE ENVIRONMENT

The Board of Education of Howard County maintains a tobacco, alcohol/drug free environment. The sale or use of tobacco, alcohol, or drugs, in any form, or related product, is prohibited in school buildings and grounds at all times. Persons found violating this policy will be requested to remove the product and themselves from school premises. Repeated use or sale of tobacco on HCPSS property, or any use or sale of alcohol, misuse of other drugs, or any use of illegal drugs by a contract employee while servicing this contract or while on HCPSS property will result in a prohibition of that employee from servicing the HCPSS contract. Repeated instances of violations by contract employees may result in termination of the contract for cause.

2.31. INDEMNIFICATION

A. The Contractor shall be responsible for any loss, personal injury, expense, death and/or any other damage which may occur by reason of its acts, negligence, willfulness, or failure to perform any of its obligations under this agreement. Furthermore, any acts on the part of any agent, director, partner, servant or employee of the Contractor are deemed to be the Contractor’s acts.

B. Contractor agrees to indemnify and hold harmless the Howard County Public School System and its Board, employees, agents, representatives, and students from any claim, damage, liability, expense, and/or loss, including defense costs and attorney fees, arising directly or indirectly out of the Contractor’s performance under the Contract Documents. The indemnification obligation of the Contractor shall include but shall not be limited to injuries to individuals and property of individuals who are not parties to the contract. In addition, the indemnification obligation of the Contractor shall cover the acts or omissions of any permitted subcontractors hired by the Contractor. Furthermore, the indemnification obligation of the Contractor shall survive termination of the contract for any reason.

2.32. PERMITS, CODES AND LAWS

All work shall be in accordance with all State, County, Federal, and Governmental rules, regulations, and laws. The contractor is responsible for assuring that all of their employees and the services provided under the contract follow and comply with any such requirements pertaining to and applicable to the service being provided under this contract. All costs to comply with these requirements shall be paid by the contractor and included in the contractor’s Bid price.

2.33. eMARYLAND MARKETPLACE ADVANTAGE REGISTRATION

Bidders are required to register on eMaryland Marketplace Advantage (eMMA) before an award can be given. Maryland law requires local and state agencies to post award notices on eMaryland Marketplace Advantage. This cannot be done without the awarded bidder’s self-registration in the system. Registration is free and can be done by going to https://procurement.maryland.gov. Failure to comply with this requirement will be considered grounds for default. It is recommended that any interested bidder register with eMaryland Marketplace Advantage regardless of the award outcome for this procurement as it is a valuable resource for bid notification for municipalities throughout Maryland. If you have any questions or need assistance, contact the help desk at emma.helpdesk@maryland.gov.

2.34. RIGHT TO STOP WORK

If HCPSS determines, either directly or indirectly, that the Contractor’s performance is not within the specifications, terms or conditions of this bid and/or that the quality of the job is unacceptable, HCPSS has the right to stop work. The stoppage of work shall continue until the default has been corrected and/or corrective steps have been taken to the satisfaction of HCPSS.