Data_Analytics_and_Program_Evaluation_Consulting_RFP_ADM0125_FINAL.pdf

January 13, 2025

RFP Number:

#ADM0125

Data Analytics Consulting and Evaluation Services

City of Hyattsville 4310 Gallatin Street

Hyattsville, MD 20781

City of Hyattsville – RFP

Table of Contents

NOTICE OF REQUEST FOR PROPOSAL

COMMUNITY PROFILE AND BACKGROUND

CITY CONTACT:

RFP SOLICITATION SCHEDULE:

PROJECT OBJECTIVE & GOALS

PROJECT SCOPE OF WORK

PROJECT DELIVERABLES

PROPOSAL SUBMITTAL REQUIREMENTS

SUBMISSION OF PROPOSALS

BID OPENING

EVALUATION OF PROPOSALS

SELECTION PROCEDURES

CONTRACT

AMENDMENT OR CANCELLATION OF THE RFP

AMERICANS WITH DISABILITIES ACT (ADA) AKNOWLEDGEMENT

COMPENSATION FOR SERVICES (FEE)

GENERAL CONDITIONS FOR PROPOSALS

SUSPENSION AND/OR DEBARMENT

PRESENTATION OF SUPPORTING EVIDENCE

PRICE TO REMAIN VALID

PROPOSAL MODIFICATIONS

ERRONEOUS DISBURSEMENT OF FUNDS

PROPOSAL PREPARATION COSTS

TERMS AND CONDITIONS

THIS SOLICAITION IS NOT A CONTRACT

SUB-CONTRACTORS

SEQUENCING AND SCHEDULING

LIQUIDATED DAMAGES

LEGAL TERMS

PUBLIC DISCLOSURE NOTICE

PROPOSAL DOCUMENTS

Attachment (A) – City of Hyattsville Sample Contract Form

NOTICE OF REQUEST FOR PROPOSAL

The City of Hyattsville, Maryland (hereinafter referred to as the “City”) seeks qualified firms or individuals (“contractor”) to submit responses to this Request for Proposal (RFP) for a Data Analytics and Program Evaluation Consultant.

COMMUNITY PROFILE AND BACKGROUND

The City of Hyattsville, Maryland is located in Prince George’s County, Maryland, within the Washington DC metropolitan area. The City is governed by a Mayor and ten‐member City Council. Two Council Members are elected from each of the City’s five wards. Our community has grown considerably in recent years through new residential and retail developments across the City. Our expectation is that growth will continue with new developments underway or planned in the near future. The population is estimated at just over 21,000 as of the 2020 Census.

The City employes over 160 staff members in eight departments. The departments offer a variety of services for residents including police services, trash collection, maintenance of streets, sidewalks, snow removal, youth and senior programming, business licensing and code compliance.

CITY CONTACT:

The City’s Deputy City Administrator, Laura Reams will serve as the point of contact for the project. Questions regarding the scope of work should be submitted via email to lreams@hyattsville.org. All questions must be submitted by Wednesday, January 28, 2025, by 5 PM. Responses to submitted questions will be posted on the City’s website at www.hyattsville.org/rfp by January 31, 2025.

RFP SOLICITATION SCHEDULE:

The following table outlines the anticipated schedule for this RFP process. The City reserves the right to modify the schedule and to terminate the solicitation as it deems necessary.

Item Date

RFP Announced Monday, January 13, 2025

Written Questions Deadline Wednesday, January 28. 2025, at 5:00 PM. Questions must be submitted via email to lreams@hyattsville.org

Responses to Written Questions Posted to City Website

Friday, January 31, 2025, responses can be found at www.hyattsville.org/rfp

Proposals Due Thursday, February 13, 2025, at 4:00 PM

Bid Opening

Tuesday, February 18, 2025, at 11:00 AM Zoom Link to Register to Attend:

https://us06web.zoom.us/webinar/register/WN_9yLcVxqPTu yJD04ogRs3NQ

Evaluation of Proposals February 18 – 25, 2025

Notification of Contract Award Monday, March 3, 2025

PROJECT OBJECTIVE & GOALS

The City seeks to engage a qualified data analytics and programs evaluation consultant to evaluate the current state of data availability for programs and services, identify opportunities for future data collection, and develop a comprehensive framework for data collection and analysis. The framework will support equitable and evidence-based decision-making on programs, services, and annual budgeting allocation.

The consultant will:

• Assess the City's current data assets and practices.

• Identify gaps and recommend additional data to be collected to address future needs.

• Develop a framework, toolkit or set of procedures for efficient and effective data collection and management.

• Provide methodologies for analyzing collected data to inform decisions on programs and funding.

PROJECT SCOPE OF WORK

The scope of work outlined below should not be viewed as rigid and the contractor is encouraged to offer alternative or additional efforts for this project where they believe appropriate.

1. Data Inventory and Evaluation

• Conduct an inventory of existing data sources across City departments; including data collected and published by Federal, State and County government agencies or other authoritative bodies

• Evaluate the quality, accessibility, and relevance of current data for decision-making.

• Identify gaps or limitations in the existing data framework.

2. Future Data Collection Recommendations

• Identify key data points that should be collected to meet the City's strategic objectives.

• Provide recommendations on data collection tools, techniques, and platforms.

• Ensure recommendations align with best practices for data privacy and security.

3. Framework Development for Data Collection and Management

• Develop a comprehensive framework for ongoing data collection, including protocols for standardization, storage, and integration.

• Create guidelines for ensuring data accuracy, consistency, and timeliness.

• Recommend tools and technologies for data management and visualization.

4. Data Analysis and Decision-Making Framework

• Provide methodologies and tools for analyzing collected data.

• Develop actionable strategies, tools, and techniques for utilizing data to evaluate program effectiveness and funding priorities, including strategies for developing findings, conclusions, and opportunities for improving efficiency and effectiveness

• Train relevant City staff on data analysis techniques and interpretation of results.

• Provide strategies for program evaluation efforts including organizational and process analysis, benefit-cost analysis, and cost-effectiveness analysis.

5. Final Report and Recommendations

• Prepare a comprehensive report summarizing findings, recommendations, and frameworks developed.

The report shall include an executive summary, detailed report as well as a presentation format.

• Present findings and recommendations to City staff and key stakeholders, including City Council. A minimum of one internal presentation and one public presentation at a City Council meeting should be included in the proposal.

PROJECT DELIVERABLES

1. Initial Data Assessment Report: Summary of current data assets, evaluation findings, and identified gaps.

2. Future Data Collection Plan: Recommendations for additional data to collect by department and collection methodologies.

3. Data Collection and Management Framework: A comprehensive framework, toolkit or set of procedures to support ongoing data collection.

4. Data Analysis Framework: Guidelines and methodologies for analyzing data to support decision-making.

5. Training Materials: Materials and sessions to train City staff on data collection and analysis techniques.

6. Final Report: A detailed report summarizing all project findings, recommendations, and frameworks.

7. Presentation: The Contractor will present their findings and recommendations in a minimum of one internal presentation and one public presentation at a City Council meeting.

CONSULTANT QUALIFICATIONS

The ideal consultant should have:

• Demonstrated expertise in data analytics, performance measurement, management, and visualization.

• Experience working with government or public sector organizations.

• Knowledge of best practices in data security and privacy.

• Proven track record in developing data-driven strategies for decision-making.

• Understanding of principles of racial equity and equitable programs evaluation

PROPOSAL SUBMITTAL REQUIREMENTS

Interested consultants should submit proposals that clearly demonstrate their ability to provide the services as outlined in this Request for Proposal (RFP). Failure to comply with these requirements may result in a disqualification of the vendor. The City will base the selection of a Vendor on documentation submitted in the Proposal Documents.

Proposals must include the following:

1. Cover Letter: A cover letter shall be provided which succinctly explains the contractors’ interest in the project. The letter shall contain the name, address and phone number of the person who will serve as the consultant’s principal contact with the City.

2. Description of Qualifications, including:

• Business experience

• Relevant project specific experience

• Company background information including time the company has been in business

3. Work Plan: Please provide a proposed work plan to complete the Scope of Work. The work plan shall include a timeline with milestones, methodologies, and key deliverables.

4. Qualifications of Key Personnel: Submit summarized resumes of all those who will be involved in completing the scope of services. Please include their experience in performing the required and necessary services or functions.

5. Project Cost Proposal: Each proposal shall include a fee schedule for services and shall include a not to-exceed amount for the project. Any optional services which may incur an additional fee shall be listed separately.

6. Completed Proposal Documents: The proposal must include the completed proposal documents which are included in the appendix of this document. The required documents are as follows:

1. Contractor Information Form

2. Proposal Price Form Authorization

3. Company Background Form

4. Three (3) Reference Forms from similar projects, and the

5. Submission of a Certificate of Insurance

SUBMISSION OF PROPOSALS

Applicants must submit six (6) total copies of their Proposal. These copies must adhere to the following format: four (4) bound, one (1) unbound and one (1) digital pdf copy of the proposal on thumb drive. Each Contractor will be evaluated, rated and/or ranked, based on information provided in their Proposal.

The deadline to submit proposals is 4:00 PM on Thursday, February 13, 2025.

The Proposals shall be mailed or hand delivered to:

The City of Hyattsville 4310 Gallatin Street Hyattsville, Maryland 20781 Attn: Nate Groenendyk, City Clerk

BID OPENING

The Proposals will be publicly opened and read on Tuesday, February 18, 2025, at 11:00 am via a public Zoom meeting. Link information is included in this document and will be available at www.hyattsville.org/rfp.

Proposals from all Contractors meeting the minimum qualifications detailed in this solicitation will be reviewed and evaluated.

EVALUATION OF PROPOSALS

Proposals will be evaluated based on:

• Understanding of the project scope and objectives.

• Technical expertise and relevant experience.

• Proposed methodology and timeline.

• Cost-effectiveness.

• References and past performance.

SELECTION PROCEDURES

The City intends to select no more than one (1) RFP Respondent that provides the best price and responsiveness as determined by the selection committee. The Contractor selected will work according to all Federal, State, and local requirements and using industry accepted best practices to complete the project per the scope of work listed in this document.

A selection committee will review all proposals, select finalist(s) and may conduct interviews with some or all of the proposers prior to making the final selection of the consultant. The City reserves the right to make a selection based only on the evaluation of the written proposals. Prior to the commencement of work, the City and the selected consultant will meet to settle contract details.

CONTRACT

The Contractor and the City will execute a Professional Services Agreement for the Data Analysis and Program Management project including all the requirements found in the sample agreement shown as Attachment A.

To enter into a Professional Services Agreement (contract) with the City of Hyattsville, the Contractor will need to provide a W9 and proof of relevant insurance requirements on the contract. Invoicing Payments will be made upon submission of invoice, not to exceed twice per month for the project duration.

AMENDMENT OR CANCELLATION OF THE RFP

The City of Hyattsville reserves the right to cancel, amend, modify or otherwise change this application process at any time if it deems to be in the best interest of the City of Hyattsville to do so. The City reserves the right to reject any and all RFP submissions and further reserves the right to re-issue the RFP.

AMERICANS WITH DISABILITIES ACT (ADA) AKNOWLEDGEMENT

The Contractor, in performance of this project, or where there is an ADA component involved, acknowledges that it is acting on behalf of the City and warrants to the best of its professional information, knowledge, and belief that its product, will conform to, and comply with, the applicable provisions of the Americans with Disabilities Act.

COMPENSATION FOR SERVICES (FEE)

The City intends to enter a service contract(s) for the proposed project term. Compensation for the services rendered, will be based upon a contract and will be based on the unit rates as provided on the price proposal form.

GENERAL CONDITIONS FOR PROPOSALS

Failure to read the RFP and comply with its instructions will be at the Contractor’s own risk. Corrections and/or modifications received after the closing time specified in this RFP will not be accepted. The proposal must be signed by a designated representative or officer authorized to bind the Contractor contractually.

Submission of a signed proposal to the City will be interpreted to indicate the Contractor’s willingness to comply with all terms and conditions set forth the herein.

SUSPENSION AND/OR DEBARMENT

Developers, Contractors, Companies or Sub-Contractors which are either suspended or debarred from performing work by the State of Maryland or within Prince George’s County, Maryland, are prohibited from submitting an application under this Program. A Contractor that submits a proposal that is found to have been suspended and/or debarred from conducting business within Prince George’s County, Maryland, such developer will be reported to the State’s Attorney General and Comptroller’s Office.

PRESENTATION OF SUPPORTING EVIDENCE

Contractors responding to this solicitation must be prepared to provide substantiation of any experience, performance, ability and/or financial sureties claimed in their Proposal that the City of Hyattsville deems to be necessary or appropriate.

PRICE TO REMAIN VALID

All Proposals must be valid for a period of 120 days from the due date of the RFP.

PROPOSAL MODIFICATIONS

No additions or changes to any Proposals will be allowed after the application due date, unless such modification is specifically requested by the City of Hyattsville. The City, at its option, may seek retraction and/or clarification by an applicant regarding any discrepancy or contradiction found during its review of applications.

ERRONEOUS DISBURSEMENT OF FUNDS

The City of Hyattsville reserves the right to correct any inaccurate awards of monies under this Program made to an applicant. This may include, in extreme circumstances, revoking an award of funds made under this program to an applicant subsequently awarding those funds to another applicant.

PROPOSAL PREPARATION COSTS

Contractors are responsible for all costs and expenses incurred in the preparation of a Proposal to respond to this solicitation.

TERMS AND CONDITIONS

The City reserves the right to reject any and all proposals, and to waive minor irregularities in any proposal.

Proposers responding to this RFP must follow the procedures and requirements stated in the RFP document.

Adherence to the procedures and requirements of this RFP will ensure a fair and objective analysis of your proposal. Failure to comply with or complete any part of this RFP may result in rejection of your proposal. The contract resulting from acceptance of a proposal by the City shall be in a form supplied or approved by the City and shall reflect the specifications in this RFP. A copy of the City’s standard Professional Services is included in the appendix.

THIS SOLICAITION IS NOT A CONTRACT

This solicitation is not a contract and will not be interpreted as such.

SUB-CONTRACTORS

The Contractor submitting a proposal certifies and warrants that all payments of fees charged by any sub- Contractors pursuant to that contract are the sole responsibility of the Contractor.

SEQUENCING AND SCHEDULING

Upon acceptance of the Proposal and execution of a contract, the Contractor shall begin work within 15 calendar days of the date of the notice to proceed. The City shall facilitate the Contractor’s work by providing reasonable access to all work areas. The City shall facilitate the Contractor’s services program by providing access to the project premises during both regular business hours and, as is necessary, at other times so that the Contractor can conduct work necessary to complete the project.

LIQUIDATED DAMAGES

There will be no liquidated damages for this RFP.

LEGAL TERMS

It is the policy of the City of Hyattsville that all legal disputes are heard in a court of law in Prince George’s County, Maryland, and that each party is responsible to pay for the cost of their own legal fees.

PUBLIC DISCLOSURE NOTICE

Once submitted to the City, proposals shall become the property of the City, and all proposals are considered a public record under the Maryland Public Information Act. Any information in the proposal that the proposer claims as proprietary and exempt from disclosure under the provisions of the Maryland Public Information Act must be clearly designated as “Proprietary Material Submitted”. It must also include the exemption(s) from disclosure under the Maryland Public Information Act upon which the proposer is making the claim, and the page it is found on must be identified. The City will not accept the liability of determining what the proposer considers proprietary or not. With the exception of lists of prospective proposers, the City will not disclose RFP proposals until a bid selection is made. At that time, all information about the competitive procurement will be available with the exception of proprietary/confidential portion(s) of the proposal(s). The City will consider a proposer’s request for exemption from disclosure; however, the City will make a decision based upon the Maryland Public Information Act.

The City of Hyattsville will not agree to terms that are not consistent with this policy.

END OF RFP

PROPOSAL DOCUMENTS

In order to qualify for this Project, Contractors must submit all information requested in the following pages.

CONTRACTOR INFORMATION

Proposals must adhere to the format of these Proposal forms and content of this RFP. Proposals will not be evaluated unless all parts of the Proposal form are submitted in a complete package. The information set forth is the minimum required in order to qualify for consideration.

Firm Name

Address

City, State, Zip

Contact Person

Phone Number

Email Address

PROPOSAL FORM PRICE AUTHORIZATION

By signing this Proposal form, such action certifies that the Contractor has personal knowledge of the following:

That said Contractor has examined the RFP and specifications, carefully prepared the Proposal form, and has checked the same in detail before submitting said Proposal; and that said Contractor, or the agents, officers, or employees thereof, have not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive Proposing in connection with this Proposal.

That all of said work will be performed at the Contractor's own proper cost and expense. The Contractor will furnish all necessary materials, labor, tools, machinery, apparatus and other means of construction in the manner provided in the applicable specifications, and at the time stated in the contract.

The undersigned, being a reputable Contractor and having submitted the necessary pre-qualification forms, hereby submits in good faith and in full accordance with all specifications, attached or integral, his/her Proposal:

Name of Contractor

Authorized Signature

Name and Title of Signatory

Date

Type of Organization (circle One): Corporation Partnership Proprietorship

SEAL:

(If corporation)

INSURANCE REQUIREMENT

Submit a certificate of Insurance from your insurance agent or insurance company that evidences your company's ability to obtain the following minimum insurance requirements. Attach and label as Exhibit 1.

1. Workers Compensation

Coverage

A:

Statutory

Coverage

B:

$500,000 Bodily Injury by Accident for Each Accident

$500,000 Bodily Injury by Disease for Policy Limit

$500,000 Bodily Injury by Disease for Each Employee

2. Commercial Auto Liability Insurance for All Owners, Non-Owned and Hired Autos.

$1,000,000 Combined Single Limit for Bodily Injury and Property Damage

Liability

3. Commercial General Liability Insurance

$2,000,000 General Aggregate

$1,000,000 Products/Completed Operations Aggregate

$1,000,000 Personal and Advertising Injury Limit

$1,000,000 Combined Single Limit Bodily Injury & Property Damage - Each

Occurrence

$50,000 Fire Legal Limit

$5,000 Medical Payment

4. Umbrella/Access Liability Insurance

$2,000,000 Each Occurrence

COMPANY BACKGROUND

Company Name

Main Office Location

Year Founded

Project Manager Name

Project Manager Phone

Project Manager Email

Years of Experience

Has the company ever operated under another name? If yes, what name?

Do you have the equipment and staff available to start within 15 days of notice to proceed?

If no to the previous question, how long would it take to have the equipment and staff available?

Has the company ever done work with the City of Hyattsville? If yes, when and what type of work.

REFERENCES

Complete and submit the following for three (3) projects of similar nature as the project specified. Make copies and/or attach additional pages as needed.

Name of Project

Owner of Project

Address of Project

Contact Person

Phone Number

Email address

Description of work

Comments

Attachment (A) – City of Hyattsville Sample Contract Form

AGREEMENT

THIS AGREEMENT is made this day of , 20XX, by and between THE

CITY OF HYATTSVILLE, a municipal corporation of the State of Maryland, hereinafter referred to as the “City,” and INSERT NAME, hereinafter referred to as “Contractor”.

RECITALS

WHEREAS, the Hyattsville City Council authorized the City Administrator to enter into a contract regarding INSERT PROJECT NAME to INSERT PROJECT PURPOSE (hereinafter, the “Project”).

WHEREAS, the Contractor and the City pursuant to that authorization are entering into this

Agreement for the above Project pursuant to a response to the City’s Request for Proposal

(hereinafter, the “RFP”), all of Contractor’s Proposal responses which are hereby incorporated herein, in exchange for a fee schedule as Proposal and other valuable consideration.

TERMS

NOW, THEREFORE, in consideration of the mutual covenants and obligations contained herein and other good and valuable consideration, the sufficiency of which is hereby mutually acknowledged, the City and Contractor agree as follows:

ARTICLE I. SCOPE OF SERVICES

The Project shall include all work outlined in the recitals above, and related documents, as well as all other work as reasonably required by the City.

ARTICLE II. PERIOD OF PERFORMANCE

Contractor agrees to commence work immediately upon execution of the Contract and shall perform all other services required by this Agreement or by the City as expeditiously as is consistent with good professional skill and best industry practice. Time is critical factor in the successful execution of the terms of this Agreement.

ARTICLE III. COMPENSATION FOR SERVICES (FEE)

The City intends to enter into a professional services contract(s) for the proposed project term.

Compensation for the services rendered, will be based upon a contract and is not to exceed fees provided in the response to this proposal.

ARTICLE IV. THE CONTRACT DOCUMENTS

This Agreement and the following enumerated documents form the entire Contract between the parties. Where there is a conflict between any of the contract documents and this Agreement, the language of this Agreement shall govern. The documents identified below are as fully a part of the

Contract as if hereto attached. They constitute the entire understanding of the parties and supersede any prior proposals or agreements:

A. Request for Proposal

B. Contractor’s Response

ARTICLE V. CONTRACTOR SERVICES

As directed by the City, Contractor shall:

A. Be responsible for the preparation, technical completeness and sufficiency of all submitted proposals.

B. Comply with the Prince George’s County Code, the City of Hyattsville Code and Charter, and all pertinent Federal, State, and County laws and regulations.

C. Attend hearing/conferences with City or persons designated by City as necessary for the successful completion of this Agreement.

D. Be responsible directly to the City Administrator or their designee, who is the

City’s agent and duly authorized representative to whom Contractor shall ordinarily direct communication and submit documents for approval and from whom Contractor shall receive directions concerning the subject of this Agreement and approval of any documents in writing. Any revisions requiring additional compensation to Contractor shall not be commenced without the

City’s written authorization approved by the City Administrator.

ARTICLE VI. CITY’ S RESPONSIBILITY

The City shall provide information regarding its requirements, including related budgetary information. However, the Contractor shall notify the City in writing of any information or requirements provided by the City, which the Contractor believes to be inappropriate.

ARTICLE VII. COOPERATION

The Contractor agrees to perform its services under this Contract in such manner and at such times so that City and/or any Contractor who has work to perform, or contracts to execute, can do so without unreasonable delay. Contractor further agrees to coordinate its work under this Agreement with any and all other Contractors deemed necessary by the City.

ARTICLE VIII. OWNERSHIP OF DOCUMENTS

The City shall have unlimited rights in the ownership of all drawings, designs, specifications, notes and other work developed in the performance of the Agreement, including the right to use same on any other City Project without additional cost to City, and with respect thereto Contractor agrees to and does hereby grant to City an exclusive royalty-free license to all data which he or she may cover by copyright and to all designs as to which he or she may assert any rights or establish any claim under the patent or copyright laws. The City’s rights in ownership of documents under this

Article shall include any and all electronic files generated by Contractor in the performance of its duties pursuant to this Agreement. In the case of future reuse of the documents, City reserves the right to negotiate with Contractor for the acceptance of any professional liability.

ARTICLE IX. SPECIAL PROVISIONS

A. Contractor may not assign or transfer any interest in this Agreement except with City’s written approval.

B. City may waive specific minor provisions of the Agreement on Contractor’s request in the interest of expediting the contract. Waiver shall not constitute a waiver of any liability ensuing there from.

C. Except as otherwise provided in the contract documents, the City Administrator, shall decide all disputes after consultation with Contractor, and any other appropriate parties.

The City Administrator’s decision shall be reduced to writing and delivered to

Contractor and such dispute resolution shall not be considered a Change pursuant to this contract unless the dispute resolution modifies either the services rendered or the total fee for services as provided herein.

D. The City Administrator’s decision shall be final and conclusive.

E. Until a dispute is finally resolved, Contractor shall proceed to meet the terms of this

Agreement and comply with City Administrator’s orders.

F. Contractor shall not hire or pay any employee of the City or any department, commission agency or branch thereof.

ARTICLE X. TERMINATION

A. This Agreement may be terminated by the City at the City’s convenience upon not less than thirty (30) days written notice to the Contractor.

B. In the event of termination, which is not the fault of Contractor, the City shall pay to

Contractor the compensation properly due for services properly performed or goods properly delivered prior to the effective date of the termination and for reasonable reimbursable expenses properly incurred prior to the termination. The City shall not be liable for any damages, costs or expenses for lost profit, overhead or discontinuation of contract or equitable adjustment in the event of termination by the

City.

C. In the event the Contractor, through any cause fails to perform any of the terms, covenants or provisions of this Agreement on its part to be performed, if Contractor for any cause, fails to make progress in work hereunder in a reasonable manner, if the conduct of Contractor impairs or prejudices the interest of the City, or if Contractor violates any of the terms, covenants, or provisions of this Agreement, the

City shall have the right to terminate this Agreement for cause by giving notice in writing of the termination and date of such termination to Contractor. The City shall have the sole discretion to permit the Contractor to remedy the cause of the contemplated termination without waiving the City’s right to terminate the Agreement. All drawings, specifications, electronic files and other documents relating to the design of the goods, scope of the service or supervision of work, not in the public domain, shall be surrendered forthwith by Contractor to the City as required by the City. The City may take over work to be done under this Agreement and prosecute the work to completion, or procure the good or service, by contract or otherwise, and Contractor shall be liable to the City for all reasonable cost in excess of what the City would have paid the Contractor had there been no termination. The City shall not be liable for any damages, costs or expenses for lost profit, overhead or discontinuation of contract or equitable adjustments in the event of such termination.

ARTICLE XI. APPLICABLE LAW

The laws of the State of Maryland, excluding conflicts of law rules, shall govern this Agreement as if this

Agreement were made and performed entirely within the State of Maryland. Any suit to enforce the terms hereof or for damages or other relief as a consequence of the breach or alleged breach hereof shall be brought exclusively in the courts of the State of Maryland in Prince George’s County, and the parties expressly consent to the jurisdiction thereof and waive any right which they have or may have to bring such elsewhere.

ARTICLE XII. CHANGES

A. The City Administrator may, at any time, by written order designated or indicated to be a change order, make any change in the work within the general scope of this Agreement, provided any change is co-signed by the City Treasurer, or in his or her absence, the Mayor.

B. Any other written order from City, which causes any change, shall be treated as a change order under this clause, provided that Contractor gives City written notice stating the date, circumstance, and source of the order and the City consents to regard the order as a change order.

C. Except as herein provided, no order, statement, or conduct of the City shall be treated as a change under this clause or entitle Contractor to an equitable adjustment hereunder.

D. If any change under this clause causes an increase or decrease in the cost of, or the time required for, the performance of any part of this Agreement, whether or not changed by any order, an equitable adjustment shall be made, and the Agreement shall be modified in writing accordingly. If Contractor intends to assert a claim for an equitable adjustment under this clause, Contractor shall, within thirty

(30) days after receipt of a written change order under (A) above, or the furnishing of written notice under (B) above, submit to the City Administrator a written statement setting forth the general nature and monetary extent of such claim, unless this period is extended by the City Administrator. The statement of claim hereunder may be included in the notice under (B) above.

E. The amount of any adjustment to the contract sum under this clause shall be a negotiated fixed fee.

F. No claim by Contractor for an equitable adjustment hereunder shall be allowed if asserted after final payment under this Agreement or if made later than thirty (30) days after receipt as required herein.

ARTICLE XIII. SUCCESSORS AND ASSIGNS

The parties each binds themselves, their partners, successors, assigns and legal representatives to this

Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither party shall assign, sublet or transfer his interest, including but not limited to the proceeds thereof, in this Agreement, without the written consent of the other party.

ARTICLE XIV. INSURANCE

A. All Contractors shall obtain and maintain liability insurance coverage. The Contractor shall, within ten

(10) days of the execution of this Agreement, file with the City Administrator, the Certificate from an insurance company authorized to do business in the State of Maryland and satisfactory to the City showing issuance of liability insurance in the amount of at least One Million Dollars ($1,000,000.00) coverage with a deductible no greater than Ten Thousand Dollars ($10,000.00). Contractor shall be fully and completely responsible to pay the deductible. Unless waived in writing by the City, the

Certificate shall bear an endorsement in words exactly as follows:

“The insurance company certifies that the insurance covered by this certificate has been endorsed as follows: “The insurance company agrees that the coverage shall not be canceled, changed, allowed to lapse, or allowed to expire until thirty (30) days after notice to: City Administrator, 4310

Gallatin Street, Hyattsville, Maryland 20781 (City’s Representative).”

The provisions of XIV.A. shall also apply to any other coverages identified in this Article XIV in order to ensure that the Certificate, deductible, and endorsement requirements are met as to each specific type of coverage required in this Article XIV. The amount of coverage and the deductible specified elsewhere in this Article XIV regarding types of insurance coverage is controlling.

B. In addition, Contractor shall, throughout the term of this Agreement, maintain comprehensive general liability insurance in the following amounts and shall submit an insurance certificate as proof of coverage prior to final Agreement approval:

1. Personal injury liability insurance with a limit of One Million Dollars

($1,000,000.00) for each occurrence and Two Million Dollars ($2,000,000.00) in the aggregate, where insurance aggregates apply; and

2. Property damage liability insurance with limits of One Million Dollars

($1,000,000.00) for each occurrence and Two Million Dollars ($2,000,000.00) in the aggregate, where aggregates apply.

C. Comprehensive general liability insurance shall include completed operations and contractual liability coverage. The Certificates of Insurance evidencing this insurance shall provide that the City shall be given at least thirty (30) days prior written notice of the cancellation of, intention not to renew, or material change in coverage.

D. Contractor shall comply with the requirements and benefits established by the State of Maryland for the provision of Workers’ Compensation insurance and shall submit an insurance certificate as proof of coverage prior to beginning work under this Agreement.

ARTICLE XV. INDEMNIFICATION

Contractor hereby acknowledges and agrees that it shall be responsible for and indemnify, defend, and hold the City harmless against any claim for loss, personal injury and/or damage that may be suffered as a result of their own negligence or willful misconduct in the performance of the services herein contracted for or for any failure to perform the obligations of this Agreement, including, but not limited to, attorneys fees and any other costs incurred by the City, in defending any such claim. Contractor further agrees to notify the City in writing within ten (10) days of receipt of any claim or notice of claim made by third parties against the Contractor or any subcontractor regarding the services and work provided to the City pursuant to this Agreement. Contractor shall provide the City copies of all claims, notice of claims and all pleadings as the matter progresses. This Article shall survive termination of this Agreement.

ARTICLE XVI. ADA COMPLIANCE

In performance of this Agreement for public works construction projects, or where there is an Americans with Disabilities Act (hereinafter “ADA”) component involved, the Contractor acknowledges that it is acting on behalf of the City and warrants to the best of its professional information, knowledge, and belief that its design, product or completed infrastructure, will conform to, and comply with, the applicable provisions of the ADA. The Contractor hereby indemnifies and holds harmless the City from damages and costs arising from any claim that the Contractor’s has failed to conform the work required hereunder with the applicable provisions of the ADA.

ARTICLE XVII. CERTIFICATIONS OF CONTRACTOR

The Contractor and the individual executing this Agreement on the Contractor’s behalf warrants it has not employed or retained any person, partnership, corporation, or other entity, other than a bona fide employee or agent working for it, to solicit or secure this Agreement, and that it has 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.

ARTICLE XVIII. SET-OFF

In the event that the Contractor shall owe an obligation of any type whatsoever to the City at any time during the term hereof, or after the termination of the relationship created hereunder, the City shall have the right to offset any amount so owed the Contractor against any compensation due to the Contractor for the provision of construction, goods or services covered by the terms of this Agreement.

ARTICLE XIX. MISCELLANEOUS

A. This Agreement is subject to audit by the City, and the Contractor agrees to make all of its records relating to the goods or services provided to the City available to the City upon request and to maintain those records for six (6) years following the date of substantial completion of this Agreement; or a longer period, if reasonably requested by the City.

B. If any term or provision of this Agreement shall be held invalid or unenforceable to any extent, the remainder of this Agreement shall not be affected thereby, and each term and provision of this

Agreement shall be enforced to the fullest extent permitted by law.

C. The person executing this Agreement on behalf of the Contractor hereby covenants, represents and warrants that he/she is duly authorized to execute and deliver this Agreement on behalf of the

Contractor.

D. All representations, warranties, covenants, conditions and agreements contained herein which either are expressed as surviving the expiration and termination of this Agreement or, by their nature, are to be performed or observed, in whole or in part, after the termination or expiration of this Agreement shall survive the termination or expiration of this Agreement. This Agreement is entered into as of the day and year first written above.

E. This Agreement represents the entire and integrated Agreement between the City and Contractor and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by written instrument signed by the duly authorized representatives of the City and the Contractor.

F. Contractor shall be considered, for all purposes relating to this Agreement, an independent

Contractor. Contractor agrees that it is not an agent of the City and shall have no right or authority to enter into any agreements or otherwise bind the City or create any obligations on behalf of the City with any other parties. Nothing contained in this Agreement will be construed to create the relationship of employer and employee, principal and agent, partnership or joint venture, or any other fiduciary relationship between the City and Contractor.

G. This Agreement may be executed electronically and in counterparts. All such counterparts will constitute the same agreement and the signature of any party to any counterpart will be deemed a signature to, and may be appended to, any other counterpart. Executed copies hereof may be delivered by email and, upon receipt, will be deemed originals and binding upon the Parties hereto, regardless of whether originals are delivered thereafter.

H. The recitals above are hereby incorporated into this Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their proper and duly authorized officers, on the day and year first above written.