8-118.26.B1 Transportation Service for Athletics Allied Sport Events IFB.pdf

118.26.B1

PROCUREMENT OFFICE

10910 Clarksville Pike, Ellicott City, MD 21042 410-313-6644

INVITATION TO BID

Transportation Service for Athletics & Allied Sport Events

BID #118.26.B1

To All Interested Bidders:

The Howard County Public School System (HCPSS) invites your participation in a bid to provide school bus transportation service for athletics and allied sport events for the following two (2) high school athletics programs:

Oakland Mills High School; and River Hill High School.

The Bid documents may be obtained on June 3, 2026 at 4:00 P.M. via Euna Procurement (Previously called Bonfire) which can be accessed through the Howard County Department of Education procurement office’s webpage at https://purchasing.hcpss.org/business-opportunities.

All questions shall be sent through Euna Procurement no later than June 22, 2026 at 1:00 P.M. The Howard County Public School System is under no obligation to respond to any questions that are received after the cutoff date and time.

Only answers provided via an addendum issued by HCPSS will be binding. 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.

Bids shall be submitted electronically via Euna Procurement no later than June 29, 2026 at 3:00 P.M. Please do not wait until thirty (30) minutes prior to the bid closing to begin uploading your documents. The portal will kick you out at the exact closing time. If you are timed out and in the middle of uploading, we will not accept your bid thereafter.

Prospective contractors who currently do not have school bus contracts with the Howard County Public School System must be pre-screened and pre-approved by the Office of Transportation prior to bidding (see Section

2.43 c.).

It is the potential bidder’s sole responsibility to regularly visit Euna Procurement to download and acknowledge receipt of all Addenda. It is highly recommended that bidders ascertain if they have received all the addenda issued prior to submitting their proposal. Failure of any bidder to receive any such Addenda or interpretation may not relieve such bidder from obligation under his/her proposal as submitted.

Late submittals will not be considered. It is the responsibility of each bidder to ensure that their submittal is uploaded to Euna Procurement prior to the scheduled closing date and time.

The Board reserves the right to waive any informalities or to reject in whole or in part any or all bids.

Certified Minority Business Enterprises are encouraged to respond to this solicitation notice.

Sincerely, Robert Bruce Director of Procurement

10910 Clarksville Pike, Ellicott City, MD 21042 410-313-6644

Table of Contents

INVITATION TO BID

Section I: GENERAL INFORMATION

1.1 PURPOSE

1.2 GENERAL

1.3 DUE DATE AND TIME

1.4 CONFIDENTIALITY

1.5 NO OBLIGATION

1.6 BIDDERS OBLIGATIONS

1.7 BID INSTRUCTIONS

1.8 RIGHT TO AMEND MODIFY OR WITHDRAW IFB

1.9 REJECTION/CANCELLATION OF IFB

1.10 PRICE GUARANTEE

1.11 EXCEPTIONS

1.12 REQUIRED DOCUMENTS

1.13 SIGNING OF FORMS

1.14 BID WITHDRAWAL

1.15 BUSINESS REGISTRATION

1.16 IRREGULARITIES AND ERRORS

Section II: TERMS AND CONDITIONS

2.1 CONTRACT AWARD

2.2 BASIS FOR AWARD

2.3 CONTRACT DOCUMENTS

2.4 ORDER OF PRECEDENCE

2.5 INITIATION OF WORK

2.6 FUNDING

2.7 TAXES

2.8 BILLING AND PAYMENT

2.9 INSURANCE

2.10 CHANGES, ALTERATIONS OR MODIFICATIONS IN THE SERVICES

2.11 DELAYS AND EXTENSIONS OF TIME

2.12 PRICE ADJUSTMENTS

10910 Clarksville Pike, Ellicott City, MD 21042 410-313-6644

2.13 REMEDIES AND TERMINATION

2.14 RESPONSIBILITIES AND WARRANTIES

2.15 PROTESTS AND DISPUTES

2.16 GOVERNING LAW AND VENUE

2.17 WAIVER OF JURY TRIAL

2.18 EXAMINATION OF RECORDS

2.19 DISSEMINATION OF INFORMATION

2.20 NON-HIRING OF OFFICIALS AND EMPLOYEES

2.21 ACCESS TO PUBLIC RECORDS ACT NOTICE

2.22 CONTINGENT FEE PROHIBITION

2.23 OWNERSHIP AND USE

2.24 ADHERENCE TO SCHOOL SYSTEM POLICIES AND STATE AND FEDERAL REGULATIONS

2.25 SEX OFFENDER NOTIFICATION

2.26 CRIMINAL HISTORY BACKGROUND CHECKS

2.27 ETHICS

2.28 DEBARMENT STATUS

2.29 TOBACCO FREE AND ALCOHOL/DRUG FREE ENVIRONMENT

2.30 INDEMNIFICATION

2.31 PERMITS, CODES AND LAWS

2.32 eMARYLAND MARKETPLACE ADVANTAGE REGISTRATION

2.33 RIGHT TO STOP WORK

2.34 NON-DISCRIMINATION

2.35 INDEPENDENT CONTRACTOR

2.36 CONTRACTOR PERFORMANCE/EVALUATION SCORECARD

2.37 ANTI-BRIBERY

2.38 MULTIPLE BIDS

2.39 FORCE MAJEURE

2.40 TECHNOLOGY-BASED INSTRUCTIONAL PRODUCTS

2.41 LIQUIDATED DAMAGES

2.42 CONTRACT ADMINISTRATOR

2.43 BIDDER’S QUALIFICATIONS

2.44 BUS/VEHICLE QUALIFICATIONS

2.45 SCHOOL BUS DRIVER AND SCHOOL BUS ATTENDANT QUALIFICATIONS

10910 Clarksville Pike, Ellicott City, MD 21042 410-313-6644

2.46 OPERATIONS

2.47 TRAFFIC VIOLATIONS

2.48 CONTRACT PERIOD

Section III: SPECIFICATIONS/SCOPE OF WORK

Section IV: IFB DOCUMENT REQUIREMENTS

APPENDIX G: CONTRACTOR PERFORMANCE/EVALUATION SCORECARD

APPENDIX H: INSURANCE REQUIREMENTS

Fall SAMPLE BUS SCHEDULE

Winter SAMPLE BUS SCHEDULE

Spring SAMPLE BUS SCHEDULE

10910 Clarksville Pike, Ellicott City, MD 21042 410-313-6644

Section I: GENERAL INFORMATION

1.1 PURPOSE

The Board of Education of Howard County, on behalf of the Howard County Public School System (HCPSS), issued this Invitation for Bid (IFB) for bus service for athletics and allied sport events for two (2) high school athletics programs; Oakland Mills School; and River Hill High School. This document comprised of general information (including any addenda thereafter), the bid specifications for school bus service, the sample bus athletics schedule, the provisions of the School Bus Contract (copy uploaded in Euna Procurement), and Terms and Conditions, shall all serve as the guidelines for bidding purposes. Pending adequate funding of the FY27 Athletics Department budget it is the intent of the Board to award school bus athletics contracts as detailed below.

1.2 GENERAL

a. The Howard County Board of Education, hereinafter referred to as the Howard County Public School

System or HCPSS, is soliciting competitive sealed bids to contract with a company for use throughout HCPSS as more fully described herein. Services shall be performed in accordance with the specifications, terms, general conditions, and attachments. If further information is required, contact the Procurement Specialist through Bonfire. The Procurement Specialist is the only person authorized to answer questions regarding this IFB. Offerors should not rely on information obtained from any source other than the named Procurement Specialist. Offerors are responsible for monitoring Euna Procurement for any amendments to the IFB. Failure of any offeror to receive any such Addenda or interpretation may not relieve such offeror from obligation under his/her bid as submitted.

b. HCPSS intends to award a One-year contract with one (1) additional one-year option.

c. Offerors are responsible for reviewing and understanding this solicitation. To that end, prospective offerors may submit questions to the HCPSS Procurement Specialist.

1. Questions must be in writing and submitted via Euna Procurement.

2. Questions must be received in the Procurement Office by June 26, 2026 at 4:00 P.M.

3. The Procurement Specialist will upload to Euna Procurement a written summary of responses to timely-received questions in the form of an addendum. Oral communications are not binding.

d. Under no circumstances are offerors, 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. Offerors failing to comply with this requirement may be disqualified.

1.3 DUE DATE AND TIME

a. Bids must be submitted in Euna Procurement by the time and date specified in the Invitation for Bid to be considered for this project. If a Bidder includes supplemental documents such as brochures, they must upload them to Euna Procurement.

b. LATE SUBMISSIONS WILL NOT BE ACCEPTED. Please do not wait until thirty (30) minutes prior to the bid closing to begin uploading your documents. The portal will kick you out at the exact closing time.

If you are timed out and in the middle of uploading, we will not accept your bid thereafter. Any bid received after the time and date specified, or at a different location will not be opened or given any consideration.

c. The times stated in this document refer to the Eastern Time Zone. HCPSS’ regular office hours are 8:30 a.m. to 4:00 p.m., Monday through Friday, except for holidays.

1.4 CONFIDENTIALITY

Bidders should give specific attention to the identification of those portions of their submittal which they deem to be confidential, proprietary information or trade secrets, and provide any justification of why such materials, upon request, should not be disclosed by HCPSS under the Access to Public Records Act, State Government Article, Title 10, Subtitle 6 of the Annotated Code of Maryland. Contractors must clearly indicate each and

10910 Clarksville Pike, Ellicott City, MD 21042 410-313-6644 every section that is deemed to be confidential, proprietary, or a trade secret. It is not sufficient to preface your offer with a proprietary statement.

1.5 NO OBLIGATION

HCPSS shall pay no costs or other amounts incurred by any entity in responding to this IFB 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 IFB without discussion of responses with bidders. 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.

1.6 BIDDERS OBLIGATIONS

Offeror will be the sole point of contract responsibility. HCPSS will look solely to Offeror for performance of the contract.

1.7 BID INSTRUCTIONS

All bid submissions must be submitted through Euna Procurement and contain the documents listed in Section IV. Please do not wait until thirty (30) minutes prior to the bid closing to begin uploading your documents. The portal will kick you out at the exact closing time. If you are timed out and in the middle of uploading, we will not accept your bid thereafter. If you should need assistance with Bonfire, please contact the Euna Procurement helpdesk.

1.8 RIGHT TO AMEND MODIFY OR WITHDRAW IFB

HCPSS reserves the right, in their sole discretion, to amend, or modify any provisions of this IFB, or to withdraw this IFB, 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. HCPSS reserves the right to negotiate a contract amendment with the Offeror for additional services that may be required.

1.9 REJECTION/CANCELLATION OF IFB

This solicitation is subject to cancellation when determined by the Director of Procurement to be in the best interest of HCPSS. Additionally, to ensure fair competition and to permit a determination of the lowest responsive bid from a responsible offeror, HCPSS may reject bids that include omissions, alterations of form, or that are conditional or irregular in any respect, or reject non-responsible offerors that show a risk of default.

1.10 PRICE GUARANTEE

The Offeror warrants that the bid shall be effective for a period of not less than 120 days from the date bids are due. NOTE: For the successful offeror, prices shall remain firm for the duration of the first year of the contract.

1.11 EXCEPTIONS

If an offeror takes any exceptions to the terms and conditions of the IFB, an offeror shall notify HCPSS in writing not later than ten (10) calendar days (Saturdays and Sundays included) before bids are due. 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 IFB are not accepted and an integral part of any awarded contract unless they have been agreed to in writing by an authorized HCPSS representative.

1.12 REQUIRED DOCUMENTS

The required documents for this IFB include all documents listed in section IV: IFB Document Requirements and they are to be uploaded into Euna Procurement under “requested information”.

1.13 SIGNING OF FORMS

The Bid, if submitted by an individual, shall be signed by the individual; if submitted by a partnership, they shall be signed by such member or members of the partnership as have authority to bind the partnership; if submitted by a corporation, they 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 so signing on behalf of the corporation.

If awarded a contract for these services, the contractor agrees to sign the Standard Contract Agreement for Professional Services (See Contract Sample in Euna Procurement) and the Employee Data Sharing Agreement, if applicable (Appendix B).

1.14 BID WITHDRAWAL

No bid 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 bids, 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 bid has been made, and only then with the approval of the HCPSS Director of Procurement.

1.15 BUSINESS REGISTRATION

Before a business entity can do business in the State, it must be registered with the State Department of Assessments and Taxation (SDAT) and be in “good standing”. SDAT is located at State Office Building, Room 803, 301 West Preston Street, Baltimore, Maryland 21201. For registration information, visit https://www.egov.maryland.gov/businessexpress. It is strongly recommended that any potential Offeror complete registration prior to the Bid due date and time. The Offeror’s failure to complete registration with SDAT may disqualify an otherwise successful Offeror from final consideration and recommendation for Contract award.

1.16 IRREGULARITIES AND ERRORS

a. HCPSS reserves the right to waive any minor mistakes in the solicitation or bid. 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 a bidder discovers any ambiguities, conflicts, discrepancies, exclusionary specifications, omissions, or other errors in this IFB, bidder must immediately notify the Procurement Office. If a bidder fails to so notify the Issuing Office, such bidder submits a response at its own risk and under such conditions. If such bidder 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 bid will not act as an excuse to permit withdrawal of their bid 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 Euna Procurement.

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

Remainder of This Page Intentionally Blank.

Section II: TERMS AND CONDITIONS

2.1 CONTRACT AWARD

It is the intent of The Board of Education of Howard County on behalf of the Howard County Public School System (hereinafter “HCPSS” or the “Board”) to award to the lowest responsive and responsible Bidder(s) meeting specifications with consideration given to quantities involved, time required for delivery, purpose for which required, competency and responsibility of the bidder, and the ability of the bidder to perform satisfactory service. 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 bid 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.

HCPSS shall be the sole authority as to whether Bidder’s offer meets specifications or are an approved equal and further reserves the right to reject any or all bids or waive any informality which may appear to be in its best interest. A contract may be awarded to the lowest responsive and responsible Offeror(s) whose bid best meets HCPSS requirements and needs at the time of award and whose fee structure is in the best interest of HCPSS.

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.

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

2.2 BASIS FOR AWARD

a. It is the intention of the Office of Transportation to evaluate all bids and recommend to the Board an award for each individual route to the lowest responsive and responsible bidder(s), giving consideration to price and the criteria set forth in Policy 4050 (Procurement of Goods and/or Services).

b. It is the responsibility of the bidder to adhere to all requests for submittals in this document and to provide adequate information in order for the Board to evaluate the bidder’s capability to fulfill the requirements of the bid(s).

c. Bids will be submitted for the specified athletics and allied sports schedules included in the bid documents. Bidders may submit bids for one or more schools. The Office of Transportation shall be the sole determinant of which school will be awarded to a bidder.

d. Bidders who submit bids for schools are required to enter on the Bid Price Sheet the number of Schools they are capable of accepting. Failure to indicate the number of Schools a bidder is capable of accepting shall be cause for rejection of the entire bid. The Office of Transportation shall be the sole determinant of which schools will be awarded to a bidder up to the number schools the bidder has indicated they can accept.

e. Should a single bidder be low on multiple schools the Board reserves the right to select which schools will be awarded to the bidder.

f. All schedules and routes are subject to change based on the needs of the school system.

2.3 CONTRACT DOCUMENTS

Contract Documents consist of all solicitation documents, the specifications and scope of work, any applicable addenda, and any additional documentation issued by HCPSS. All materials and documents associated with this solicitation will be included in the Contract(s) which the Board of Education awards as a result of this solicitation and will become the contract. The offeror, by submitting its bid, 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.

If Offeror’s bid is accepted and awarded, it will become incorporated and an integral part of the contract.

However, Bidder’s terms and conditions and any exceptions to HCPSS terms and conditions, unless expressly accepted by HCPSS, shall be excluded from the contract documents.

2.4 ORDER OF PRECEDENCE

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

a. Section III: Specifications

b. Section II: Terms and Conditions

c. Section I: General Information

d. Appendices

2.5 INITIATION OF WORK

The Offeror shall not commence performance of the services until it receives formal written notice to proceed from HCPSS.

2.6 FUNDING

The contractual obligation of the Board 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.

2.7 TAXES

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

The bidder is responsible for all taxes, including but not limited to sales and use taxes on the purchase of the bidder's equipment and materials, or any equipment and materials supplied to the Board of Education on the project.

2.8 BILLING AND PAYMENT

a. Payment shall be made monthly based on the actual trips performed during the billing period and in accordance with the rates established in the contract. The estimated annual quantity of trips under this contract is two hundred (200) trips per school location. The Contractor shall invoice only for completed and verified trips.

b. The awarded Contractor shall submit a monthly trip log containing the following information to the athletics and activities manager.

1. Date of each trip

2. Name of school

3. Destination and sport/level

4. Number of buses used including Howard County bus number.

5. Time and mileage for each trip per bus

c. The log must be signed and verified by the school’s Athletics and Activities Manager prior to payment approval.

d. Payment shall be made only for completed round-trip service. Round-trip service is defined as transportation from the high school to the scheduled destination and return transportation from the destination back to the high school. Mileage associated with meals, fuel, repairs, deadhead travel, or other non-related activities shall not be included for payment.

e. Payment for trips within Howard County and the metropolitan area shall be based on the actual number of trips completed during the month at the applicable per-trip contract rate. Trips exceeding the estimated annual quantity of two hundred (200) trips shall be compensated at the same established per-trip rate unless otherwise specified in the contract.

f. Payment for regional and state contests outside the metropolitan area shall be made at the contracted per-mile rate.

g. Payment for any additional trips not included in this contract scope shall be the responsibility of the individual school requesting the service and shall be paid at the contracted per-mile rate.

h. Contractors are obligated to provide transportation for all regional and state events inside or outside of Howard County, subject to the terms and pricing established in the contract.

i. Payment for subcontractor services shall be the sole responsibility of the Contractor.

2.9 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 H: Insurance Requirements. This is in addition to the liability insurance coverage provided under Policy 4050 for approved school buses which will be determined by the Maryland Association of Boards of Education (MABE) Group Insurance Pool. Only coverage not provided as stated in Policy 4050 (School Bus Contracts and School Bus Personnel) will be required.

2.10 CHANGES, ALTERATIONS OR MODIFICATIONS IN THE SERVICES

HCPSS shall have the right, at their discretion, to change, alter, or modify the services, including but not limited to the right to modify the assigned times, hours and/or routes from time to time as the school system requires, even though it will result in an increase or decrease in the services of the Awarded Bidder(s) or in the contract cost thereof.

No services for which an additional cost or fee will be charged by the Awarded Bidder(s) shall be furnished without prior written authorization of HCPSS.

2.11 DELAYS AND EXTENSIONS OF TIME

The Awarded Bidder(s) shall execute the work continuously and diligently and no charges or claims for damages shall be made by the Awarded Bidder(s) 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 Awarded Bidder(s) 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 awarded bidder(s).

2.12 PRICE ADJUSTMENTS

In order to protect the interest of the Board and to give the contractor a reasonable basis for bidding, a price adjustment feature is hereby incorporated into the specifications and contract documents and shall be binding on the contractor and the Board. Adjustments to the contract price will be considered for the second year, and each year thereafter, on the contract anniversary date if the renewal option is exercised by the Athletic and Transportation office, pending a review including, but not limited to, the Consumer Price Index (CPI) for the Baltimore/Washington area for public and private transportation, increase/decrease in the Maryland State grant for transportation, local funding, and information supplied by the Contractors’ Association verifying operational cost increases.

HCPSS will only consider adjustments on labor rates based only upon federal minimum wage increases and decreases in the Consumer Price Index (CPI-W), Baltimore Region, as published by the Bureau of Labor Standards. Requested increases above a 5% cap will not be considered. In order to receive consideration for a price increase, the Contractor must submit to The Howard County Public School System, a request for an adjustment in October of each fiscal year including a statement of any change in the hourly rate wage actually to be paid to its employees during the renewal term.

If approved by HCPSS, 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.

The 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 with the proper information.

2.13 REMEDIES AND TERMINATION

a. Correction of Errors, Defects, and Omissions - The Awarded Bidder(s) 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 Awarded Bidder(s) of this responsibility.

b. Set-Off - HCPSS may deduct from and set-off against any amounts due and payable to the awarded bidder(s) any back-charges or damages sustained by HCPSS by virtue of any breach of this agreement by the awarded bidder(s) to perform the services or any part of the services in a satisfactory manner.

Nothing herein shall be construed to relieve the Awarded Bidder(s) 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 Awarded Bidder(s) for damages and HCPSS may affirmatively collect damages from the awarded bidder(s).

c. At the discretion of the Board, in accordance with the Board of Education of Howard County Policy 4050 the services of the contractor may be terminated.

d. If it becomes necessary to cancel the contract, the contractor will continue to provide service until a new contract can be established by the Board.

e. Termination for Default - If the Awarded Bidder(s) 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 Awarded Bidder(s). The notice shall specify the acts of omissions relied on as cause for termination. All finished or unfinished supplies and services provided by the Awarded Bidder(s), 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 Awarded Bidder’s breach.

If the damages are more than the compensation payable to the Awarded Bidder(s), the Awarded Bidder(s) will remain liable after termination and HCPSS can affirmatively collect damages.

f. Termination for Convenience - HCPSS may terminate all or any part of the work required under this contract for the convenience of HCPSS by providing thirty (30) days’ written notice. In the event of such termination, HCPSS shall determine the costs the Awarded Bidder has incurred to the date of termination.

The Awarded Bidder(s) shall not be reimbursed for any anticipatory profits which have not been earned up to the date of termination. The Awarded Bidder(s) agrees that the Awarded Bidder(s) does not have the right to termination for convenience.

g. Termination for Non-Appropriation of Funds: HCPSS may terminate this contract, in whole or in part, due to insufficient funding with thirty (30) days’ written notice to the awarded bidder(s). HCPSS shall pay for all of the purchases and services, if any, incurred up to the date of the termination notice.

h. 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. The Awarded Bidder(s) (also referred to herein as “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 one (1) year from date of acceptance. If the manufacturer warrants equipment for a period longer than one (1) year, the Contractor shall pass through this time to HCPSS.

i. Contractor warrants that the facts and matters set forth hereafter in the "Contract Affidavit" which is attached to this agreement and made a part hereof are true and correct.

2.15 PROTESTS AND DISPUTES

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 Award Bidder is unsatisfied with this response, the Award Bidder 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.

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 bidder(s) 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 Awarded Bidder(s) and the Board hereby waive trial by jury in any action or proceeding to which the Board and/or Awarded Bidder(s) 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 the Board and the Awarded Bidder(s) and the Awarded Bidder(s) 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

The 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 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.

2.21 ACCESS TO PUBLIC RECORDS ACT NOTICE

a. The Board of Education of Howard County is subject to the Maryland Public Information Act, State

Government Article § 10-611, et. seq. As a result, the Board may be required to disclose, upon request, certain public records.

b. All information submitted as part of this bid is subject to release under the Maryland Public Information Act (MPIA). If you would like the Howard County Public School System to consider redactions in the event that your bid 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.

c. Transparency in the use of public funding is fundamental to HCPSS operations. 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 IFB 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.

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

2.22 CONTINGENT FEE PROHIBITION

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.

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.

2.23 OWNERSHIP AND USE

All materials, including but not limited to training documents, program and software, diagnostic equipment and energy information systems furnished by Offeror 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.

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 awarded bidder(s) 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.

2.24 ADHERENCE TO SCHOOL SYSTEM POLICIES AND STATE AND FEDERAL REGULATIONS

The Offeror and any Sub-Offeror 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.

2.25 SEX OFFENDER NOTIFICATION

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.

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.

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.

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.

2.26 CRIMINAL HISTORY BACKGROUND CHECKS

All employees, agents, or representatives of the Awarded Bidder(s) 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.

2.27 ETHICS

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.

In accordance with Board Policy 2070-Ethics, offerors 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 Offeror is no longer a responsible Offeror. All bidders are placed on notice that all questions/interpretations concerning the Board Ethics Policy may be submitted to the Ethics Review Panel.

2.28 DEBARMENT STATUS

By submitting their bid, the offeror(s), certify 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.

2.29 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.

2.30 INDEMNIFICATION

The Awarded Bidder(s) 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 Awarded Bidder(s) are deemed to be the Awarded Bidder’s acts.

Awarded Bidder 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 Awarded Bidder’s performance under the Contract Documents. The indemnification obligation of the Awarded Bidder 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 Awarded Bidder shall cover the acts or omissions of any permitted subcontractors hired by the Awarded Bidder. Furthermore, the indemnification obligation of the Awarded Bidder shall survive termination of the contract for any reason.

2.31 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 contractors Bid price.

2.32 eMARYLAND MARKETPLACE ADVANTAGE REGISTRATION

Awarded bidders are required to register on eMaryland Marketplace Advantage 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.