RFP 23-03 Recreation Instruction Classes Camps_Final.pdf

REQUEST FOR PROPOSAL

RFP # 23-03

Recreation Instruction Classes & Camps

PROPOSAL SHALL BE ELECTRONIC SUBMITTED ONLY TO:

recreation.proposal@herndon-va.gov

ELECTRONIC PROPOSALS DUE DATE AND TIME: OPEN THROUGH 1, JULY 2027 NO

LATER THAN 1:00 PM EASTERN TIME.

Seasonal Programs Dates Table Annually

Proposal due date Service Period Publication Brochure

April 1st Early September – December Fall Programs & Events Guide

July 1st January – mid-March Winter Programs & Events Guide

October 1st

Mid-March – mid-June Spring Program & Events Guide

Mid-June – August Camps Spring & Summer Programs & Events Guides

December 1st Mid-June – August classes Summer Program & Events Guide

Submit all inquiries concerning this Request for Proposal in writing to mailto:recreation.proposal@herndon-va.gov

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TOWN OF HERNDON

REQUEST FOR PROPOSAL (RFP)

RFP Number: 23-03

Issue Date: June 9th, 2023

Title: Recreation Instruction Classes & Camps

Commodity: 95283, 95295, 95383, 96168.

Issuing Entity: Purchasing Department 777 Lynn Street Herndon, Virginia 20170-4602

Period of Contract: Commencing upon the execution of the contract.

Option to renew for two (2) additional two-year periods. Any contract or extension shall not be extended beyond the date of September 30th, 2027.

Work Site: Herndon Parks & Recreation - 814 Ferndale

Avenue, Herndon, VA 20170

PROPOSAL SHALL BE ELECTRONIC SUBMITTED ONLY TO:

ELECTRONIC PROPOSALS DUE DATE AND TIME: OPEN THROUGH JULY 1st, 2027 NO

LATER THAN 1:00 PM EASTERN TIME

In compliance with this Request for Proposal (RFP) and subject to all conditions imposed therein, the undersigned agrees to furnish the services at the prices indicated on the Offeror’s proposal.

Potential Offerors shall direct all questions or inquiries in writing to recreation.proposal@herndon-va.gov no later than five (5) business days prior to the applicable due dates listed in Section VI. Revisions to the solicitation are made only by addendum issued by the Purchasing Office.

The Town will post addendums, proposal tabulations and award information on its Procurement Webpage at: http://herndon-va.gov/departments/finance/purchasing and on the Commonwealth of Virginia Department of General Services’ central electronic procurement website (eVA) https://eva.virginia.gov/ .

Note: This public body does not discriminate against faith-based organizations in accordance with the Code of Virginia, § 2.2-4343.1 or against a bidder or offeror because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment.

http://herndon-va.gov/departments/finance/purchasing https://eva.virginia.gov/

RFP # 23–03 Recreation Instruction Classes and Camp Page 3 of 45

REQUEST FOR PROPOSAL

TABLE OF CONTENTS

RFP # 23-03

Recreation Instruction Classes & Camps

SECTION TITLE PAGE

I. INTENT …………………………………………………………………………………………4

II. CONTRACT PERIOD ……………………………………………………………………………4

III. INSTRUCTION TO OFFERORS …………………………………………………………………4

IV. PURPOSE AND BACKGROUND ……………………………………………………………….7

V. SCOPE OF WORK …………………………………………………………………………….7

VI. SEASON PROGRAM DATES TABLE …………………………………………………………8

VII. SCOPE OF SERVICES ……………………………………………………………………………8

VIII. EVALUATION CRITERIA ………………………………………………………………….13

IX. BASIS OF AWARD …………………………………………………………………………….14

X. SUBMITTAL …………………………………………………………………………………15

XI. PROPOSAL SUBMISSION ………………………………………………………………….16

XII. CONTRACTUAL ORDER OF PRECEDENCE …………………………………………….16

XIII. DELAYS AND SUSPENSIONS ………………………………………………………….16

GENERAL TERMS & CONDITIONS ……………………………………………………………………17

PROPOSAL CHECKLIST …………………………………………………………………………………35

PROPOSAL FORM …………………………………………………………………………………35 – 45

ATTACHMENT* A – REFERENCES ……………………………………………………… ……………37

ATTACHMENT* B – CAMP PROPOSAL FORM ……………………………………………

ATTACHMENT* C – CLASS PROPOSAL FORM ………………………………………………………40

ATTACHMENT* D - BUSINESS, PROFESSIONAL AND OCCUPATIONAL LICENSE ………….. 42

ATTACHMENT* E – CONTRACTOR CERTIFICATION, AGREEMENT, AND AFFIDAVIT ….43 - 44

ATTACHMENT* F - STATE CORPORATION COMMISSION FORM ………………………………45

* DENOTES – MUST SUBMIT WITH PROPOSAL

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I. INTENT

The intent of this Request for Proposal (RFP) is to obtain proposals from offerors who can provide programs for classes and camps (summer, spring break, winter break), sponsored by the Town of Herndon Parks and Recreation Department (HPRD). HPRD is interested in attracting offerors willing to provide high quality instruction, personnel, and equipment (using Town of Herndon facilities) at/or below market price to provide a wide variety of affordable programs to residents.

To ensure offering high quality, innovative programs, the Town will accept proposals throughout the entire period of the Contract.

II. CONTRACT PERIOD

The initial term of this contract is for 2 (two) years commencing upon the date that the contract is fully executed.

When mutually agreed, the contract has 1 (one) term of a (2) two-year optional renewal.

Automatic renewals are not permitted.

Any contract or extension shall not be extended beyond the date of September 30th, 2027.

III. INSTRUCTIONS TO OFFERORS

3.1 Offerors Responsibility:

Offerors shall examine the scope of services, terms and conditions and locations of this Request for Proposal and shall exercise their own judgment as to the nature and total amount of all work required for acceptable performance. The Town cannot accept any plea of ignorance of conditions that exist or that may hereinafter exist, or of conditions or difficulties encountered in the work as a result of failure to make the necessary examination and investigation as an excuse for any failure or omission on the part of the offeror to fulfill in every detail the requirements of this Request for Proposal or is acceptable as a basis for any claims whatsoever for extra compensation.

3.2 Competition Intended:

It is the Town’s intent that this Request for Proposal (RFP) permits competition. It shall be the Offeror’s responsibility to advise the Purchasing Agent in writing if any language, requirement, specification, etc., or any combination thereof, inadvertently restricts or limits the requirements stated in this RFP to a single source.

3.3 Conditions for submitting an offer:

A. Proposal Forms: For consideration for selection, Offeror must submit a complete response to this solicitation. A complete response will consist of the return of the following documents:

1. One (1) digital PDF file, sent by email. Offeror’s proposal shall include completed pages 35-45 of this RFP with the offeror’s proposal. DO NOT

RETURN THIS ENTIRE RFP DOCUMENT.

An authorized representative of the Offeror’s firm shall sign the official Town of

Herndon Proposal Form and deliver it along with the firm’s proposal to the proper

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B. Email shall be identified as “Proposal for RFP 23-03 Recreation Instruction Classes & Camps.”

C. Your proposal should include ONLY the following documents, signed, and dated where indicated:

• Proposal Check List

• Proposal Form(s)

• Attachments A, B and/or C, E, F

Note: Insurance Certificate and copy of Town of Herndon Business License (if required) shall be submitted within 15 business days of award.

Other documents may be requested at a later date.

3.4 License Requirement:

A. The Town requires that all firms doing business in the Town have a license in accordance with the Town's "Business, Professional and Occupational Licensing” (BPOL) Tax Ordinance. A BPOL license is not required to submit a proposal for this effort but will be required prior to award of the contract. Wholesale and retail merchants without a business location in the Town are exempt from this requirement. Direct all questions concerning the BPOL tax to the Finance Department, Revenue Office, telephone number (703) 435-6813.

B. The signature on this solicitation certifies that the Contractor is properly licensed for providing the goods/services specified or will have the proper license prior to the awarding of the contract.

C. All Contractors doing business in the Town are required to possess a valid Virginia

Contractor’s License as applicable.

3.5 Ethics in Public Contracting:

A. The provisions contained in Sections 2.2-4367 of the Virginia Public Procurement Act as set forth in the Code of Virginia (1950), as amended, are applicable to all contracts solicited or entered into with the Town of Herndon.

B. By submitting their proposal, all Offerors certify that their proposal is made without collusion or fraud and they have not offered or received any kickbacks or inducements from any other Offeror, supplier, manufacturer or subcontractor in connection with their proposal, and that they have not conferred on any public employee having official responsibility for this procurement transaction any payment, loan, subscription, advance, deposit of money, services or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value was exchanged.

3.6 Debarment Status:

By submitting a proposal and/or acceptance of a Town Purchase Order or Contract, all firms certify that they are not currently debarred from doing business with or in the Commonwealth of Virginia, nor are they an agent of any person or entity that is currently debarred from doing

RFP # 23–03 Recreation Instruction Classes and Camp Page 6 of 45 business with or in the Commonwealth of Virginia.

3.7 Addenda:

The Town will issue all addenda via the Town’s Procurement webpage, and the Commonwealth of Virginia e-procurement webpage (eVA). All such addenda shall be signed and dated by the contractor and returned with their proposal. All such addenda shall become a part of the solicitation documents in the proposal and shall become a Contract Document. The Town accepts no liability for late proposals or non-receipt of addenda.

3.8 Qualifications:

The Offeror shall provide the names, addresses, email addresses, and telephone numbers of at least three (3) other firms or government agencies for whom a similar type of work has been performed in the past three (3) years.

A. The Town will consider, in determining the qualifications of a offeror, his record in performance of any contracts for the services into which he/she may have entered with the Town or with other public bodies or corporations; and, the Town expressly reserves the right to reject the proposal of such offeror, if such record discloses that said offeror, in the opinion of the Town, has not properly performed such contracts or has habitually and without just cause neglected the payment of bills, or has otherwise disregarded his obligations to subcontractors, suppliers or employees.

B. The Town will make an investigation as to the ability of the offeror to perform the work. The Town of Herndon reserves the right to reject any proposal, if the evidence submitted by, or investigation of offeror, fails to satisfy the Town that such offeror is properly qualified by experience and financial status to carry out the obligations of the contract and to complete the work contemplated therein. The Town will not accept conditional offers.

3.9 Prices and Price Adjustment

A. All Contract prices shall remain fixed through the first year (365 days) of the contract.

B. The request for a change in the unit price shall include as a minimum, (1) the cause for the adjustment. (2) proposed effective date; and (3) the amount of the change requested with documentation to support the requested adjustment.

C. All price change requests shall be submitted at least sixty (60) days in advance of the proposed effective date and emailed to the Recreation Supervisor.

3.10 Offeror Capabilities/Inspections

Upon request, any offeror may be required to give evidence that the offeror maintains a permanent place of business and has the following to support this: Adequate on-site inventory to deliver the items properly and expeditiously has adequate insurance for both itself and any subcontractors; has adequate financial status to meet obligations incidental to the work and has appropriate technical expertise. The offeror’s failure to demonstrate the capabilities and resources listed above shall result in a determination of non-responsibility and shall be cause of rejection of the proposal.

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3.11 Additions/Deletions

The Town reserves the right to add similar items/services or delete items/services specified in the subsequent contract as requirements change during the period of the Contract. The Town of Herndon and the Contractor will mutually agree to prices for items/services to be added to the contract. Contract amendments will be issued for all additions or deletions.

IV. PURPOSE AND BACKGROUND

4.1 The purpose of this Request for Proposal is to enter into a contract with qualified individuals or firms for the provision of classes and/or camps to serve community residents through the Town of Herndon Parks and Recreation Department (HPRD) and meet the department’s mission: The HPRD enriches the lives of its diverse residents, serves as stewards of Town resources, and fosters a sense of community by providing engaging, accessible and valued parks, facilities and recreation programs complementing those provided by Fairfax County.

4.2 These programs may be offered for preschool to senior adults in appropriate age groupings such as: preschool 2-5 years, youth 6-12 years, teens 13-17, adults 18 and older, and seniors 65 and older.

4.3 The Department offers class sessions four times a year. See Section VI.

4.4 Contracted programs are offered in conjunction with Town-employee delivered programs.

4.5 The Herndon Community Center is located at 814 Ferndale Ave, Herndon, VA 20170. The facility includes an indoor pool with zero-depth entry, eight lap lanes and a separate diving well; a middle school-size gymnasium, fitness room and studio, arts and crafts room, a classroom equipped for preschoolers, catering kitchen, and multiple meeting rooms. Two meeting rooms have wooden floors and mirrors; one has a permanent ballet barre. The Herndon Community Center is adjacent to Bready Park, with a playground, lit synthetic turf soccer field, lit outdoor basketball courts, six lit tennis courts (3 covered seasonally), lit softball and baseball diamonds. There are ten additional parks in the Town of Herndon.

4.6 Use of space is prioritized by existing programs, Town-employee delivered programs, and regular departmental use and rentals. Contracted summer camps are primarily limited to outside facilities except performing arts or programs after Town of Herndon-operated camps end.

4.7 Contractors must provide all equipment and may not store equipment onsite. Wifi is not sufficient for program delivery.

V. SCOPE OF WORK

5.1 The successful firm shall provide all labor, personnel, expertise, equipment, materials, and other resources required for the performance of services. See Section VII “Scope of Services.”

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VI. SEASON PROGRAM DATES TABLE

Seasonal Programs Dates Table Annually

Proposal due date Service Period Publication Brochure

April 1st Early September – December Fall Programs & Events Guide

July 1st January – mid-March Winter Programs & Events Guide

October 1st

Mid-March – mid-June Spring Program & Events Guide

Mid-June – August camps Spring & Summer Programs & Events Guides

December 1st Mid-June – August classes Summer Program & Events Guide (subject to change with brochure production schedules)

VII. SCOPE OF SERVICES

7.1. Contractor Responsibilities

A. Subcontractors

Contractors may not use subcontractors for the provision of services hereunder except and unless specifically approved in advance by the Town. The Town reserves the right to reasonably reject the successful Contractor’s selection of subcontractors.

The contractor shall be solely and unequivocally responsible for all subcontractors and the work they may perform including acts, omissions, compliance with insurance and with all provisions and requirements of this RFP, including background checks.

B. Staffing

The Contractor shall:

1. Provide a safe, positive and encouraging environment for all participants and staff at all times.

2. Provide experienced, adult instructional staff for each program being offered. Preference is given to proposals in which all members of the staff who will be instructing, facilitating, or operating one or more of these programs are eighteen (18) years of age or older. If a staff member under the age of eighteen (18) is instructing, facilitating, or operating one or more program sessions, he/she must be accompanied by an adult member for the duration of the session.

3. Allow only staff members with the appropriate certifications and/or licenses to perform the services. Copies of the licenses and/or certifications are required 15 days prior to the start of the program.

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4. Ensure at least one (1) staff member is certified in Cardiopulmonary

Resuscitation (CPR) and First Aid [via American Red Cross or American Heart Association] and shall be on site during any program, class or camp.

A copy of the CPR and First Aid certification is required within 15 days prior to start of program.

5. Ensure an appropriate ratio of adult instructors to participants is maintained at all times as determined by agreement between the Contractor and HPRD.

6. Provide staff experienced working with the proposed age group.

7. Staff may never be alone with a single child outside of the vicinity and eyesight of other campers or staff.

8. Ensure staff, including subcontractors, have successfully completed the following background checks prior to the start of the program:

i. National Criminal Background check

ii. Child Protective Services (CPS) record check

These checks shall be performed prior to the start of any services and at the expense of the Contractor. The Contractor shall take full responsibility that their current and any newly hired staff have completed and passed the background checks before providing services to any participants.

9. Maintain adequate staff ratios.

10. Communicate effectively with parents or legal guardians.

C. Programming

1. Outline and submit curriculum and program objectives.

2. Provide participants with the opportunity to develop skills and/or maintain a proficiency in their selected program(s).

3. Contractor will provide supplies and equipment unless outlined in proposal and agreed to by the Town. Equipment and supplies may not be stored on site.

4. Identify minimum and maximum enrollment for programs. The Contractor may not reduce the minimum number of participant spaces available to the HPRD program without written permission from HPRD. HPRD, upon written request from the Contractor, may agree to reduce the number of participant spaces, if given adequately in advance of marketing the program. With HPRD approval the Contractor may increase the maximum number of spaces available to HPRD at any time.

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5. Reimburse HPRD for damages caused to any Town property or facilities as a result of the programming.

C. Administrative Duties

1. Recruit, hire, supervise, evaluate, and financially compensate, qualified staff.

2. Oversee the daily operations of the program in accordance with the awarded Contract.

3. Submit auditable records concerning program attendance, participant evaluations of activities, and if applicable, registration, and financial records within thirty (30) days of program completion.

4. Maintain insurance policy in accordance with Town standards as required and provide Endorsement and Certificate of Insurance naming town as additional insured.

5. Notify the Town of Herndon of any incidents, injuries or accidents as close to the time of the occurrence as possible. Reporting shall include completion of the Town of Herndon Accident/Injury/Incident Form.

6. Submit written descriptions of proposed programs for the appropriate quarter by the dates listed in Section VI.

7. Contact program participants in case of program cancellations or schedule changes as needed in consultation with HPRD.

8. Promote the approved programs. Any flyers advertising HPRD programs must be approved by HPRD prior to distribution. Any costs for additional advertising shall be the responsibility of the Contractor. TOH registrant information may not be used for marketing other services, products or programs. Contacting participants in TOH classes and camps, past and present, is only for the purpose of TOH programs.

9. Comply with all federal, state, and local laws, regulations, and licensing requirements.

10. Submit an invoice to HPRD for payment within thirty (30) days after services have been rendered and provide a copy of the participant attendance records with each invoice. Invoices shall include, at a minimum:

i. Town of Herndon issued Purchase order number

ii. HPRD Activity and Section number

iii. Season & session dates

iv. Instructor(s) name(s)

v. Class Title and Description

vi. Total enrolled

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vii. Price for the program (fee/participant)

viii. Total due to Contractor minus the percentage due to HPRD pursuant to contract terms.

7.2. Town Rights

A. The Town reserves the right to contact references, make on-site visits to assess the capabilities of the individual Contractor, contact the participants to assess satisfaction, and monitor Contractor performance.

B. Cancellations: If HPRD declares the program cancelled, the Contractor shall notify all participants prior to the scheduled class/camp. HPRD will process all refunds within three (3) weeks of the date of cancellation.

C. In case of inclement weather, emergencies or other reasons that prevent programs from being completed by the end of a session, customers will be refunded for the incomplete portion or offered a make up for the program and the Contractor’s revenue shall be adjusted accordingly.

D. The Town reserves the right to determine the program location.

E. The Town reserves the right to refuse a program dependent on the current demand, available facility space, or current number of providers for a particular program.

7.3. Prices, Fees and Revisions

A. For each class or camp include a schedule of proposed student fees. Fees will be adjusted to include the Town’s negotiated administrative percentage. The fees will remain the same regardless of the number of students. The fees must be inclusive of all charges that may be incurred in fulfilling the requirements of the contract. The associated work will be performed during the period(s) of time determined by the Town based upon its needs.

B. Revenue Share

1. The Town will administer the registration and fee collection process for all programs, and provide marketing, facilities, and scheduling services. Unless otherwise agreed upon in writing, the Town will retain at least thirty percent (30%) of the gross revenues and the contractor will receive the remaining adjusted net revenue as full payment for services satisfactorily completed.

C. The fees shall remain firm for the first year (Initial Term) of the contract unless otherwise mutually agreed upon in writing. Prices may be modified by mutual agreement to account for variation in camp or class offerings (number of days, number of sessions, time of year, etc.) and the needs of the Town.

D. If the Contractor wishes to increase the fees, the request must be made in writing to the Recreation Supervisor at least sixty (60) days prior to the proposed effective date.

The written request for a fee increase shall include as a minimum: (1) the cause for the adjustment, (2) the proposed effective date, (3) the amount of the change requested with documentation to support the requested adjustment (i.e. specific and/or itemized increased costs to the Contractor or the prices of similar programs held within 30 miles of the Town), and (4) verification that the requested price increase is general in scope and not applicable solely to the Town.

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E. Approved price adjustments shall be the same unit price or percentage increase as documented. Any such price increases shall remain firm through the upcoming twelve months or as otherwise mutually agreed in writing.

F. The Town reserves the right to terminate the contract or suspend a Class if there is no mutual agreement on price increases for a particular class or session.

G. Any programs offered prior to the proposed effective date of the increase shall not be subject to such increase.

7.4 Policies impacting program pricing, and structure

Classes and camps must operate within Town of Herndon policies which are available at https://www.herndon-va.gov/recreation/programs-classes/registration-information. These are subject to change at any time.

A. TOH/NR priority and pricing

Town of Herndon (TOH) residents receive priority in registration and a 25% discount (to the nearest dollar) for recreation programs.

B. Registration

Registration dates are established by HPRD by season.

C. Senior discount (age 65 & over)

D. Facilities

Classes and camps meet on TOH property unless negotiated otherwise. Most indoor activities are held at the Herndon Community Center.

E. Cancellation by enrollment

HPRD will cancel classes or camps for low enrollment. Cancellation decision dates will be made with the contractor where possible and ensure adequate time to notify those registered.

F. Inclement Weather

HPRD reserves the right to cancel classes in case of inclement weather. Missed classes should be rescheduled where possible. When not possible, a refund will be provided to registrants.

G. Refunds

All refunds are approved and processed by HPRD as provided in the Town of Herndon refund policy.

H. Program Evaluation

Each participant is given a form at the conclusion of the camp or class so that they might evaluate the program.

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I. Photography

The use of photographic equipment and the taking of photographs or recording of images within the Community Center is not permitted without authorized permission. Participants in activities sponsored or co-sponsored by the HPRD consent the department’s use of any photograph, film or videotape of the activity in any marketing or promotional materials.

The Town will not identify subjects in marketing or promotional materials by name, age or residence.

J. Waivers & Forms

Participants must register through HPRD and sign the HPRD waiver. No additional waivers permitted.

VIII. EVALUATION CRITERIA

8.1 Selection of the successful Offeror(s) will be based upon a “Best Value” evaluation. Best Value means the overall combination of experience, quality, price, and various elements of required services that in total are optimal relative to the Town’s needs.

8.2 Major factors to be considered in the evaluation may include, but shall not necessarily be limited to the services, tasks, specifications, and/or requirements referred to in the Scope or Statement of Work and the criteria set forth below.

8.3 Evaluation factors will include but are not limited to the following criteria which are listed in relative order of importance:

a. Relevance to the needs of the department programming – 25 weighted

b. Income potential to the Town – 25 weighted

c. Compliance with RFP provisions and thoroughness of the response – 20 weighted

d. Staff qualifications/Experience – 15 weighted

e. Costs to participants – 15 weighted

First Impression Score - 5-point scale:

0 = The proposal fails to address the criterion or cannot be assessed due to missing or incomplete information.

1 = Poor. The criterion is inadequately addressed, or there are serious inherent weaknesses.

2 = Fair. The proposal broadly addresses the criterion, but there are significant weaknesses.

3 = Good. The proposal addresses the criterion well, but a number of shortcomings are present.

4 = Very Good. The proposal addresses the criterion very well, but a small number of shortcomings are present.

5 = Excellent. The proposal successfully addresses all relevant aspects of the criterion. Any shortcomings are minor.

Numbers:

Maximum Score for any Criteria is 5.0.

Scores are entered in whole or half numbers.

Determine weighted score by multiplying Weight times Score.

Maximum Total Weighted Score is 500.

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CRITERIA Weight Score Weighted

Score Relevance to the needs of the department programming. 25

Income potential to the Town. 25

Compliance with RFP provisions and thoroughness of the response.

Staff qualifications/experience. 15

Costs to participants. 15

TOTALS 100

8.4 References

A. The proposals will also be evaluated against substantially similar class and camp offerings currently available under the Town’s Parks and Recreation programs.

Those proposed classes and camps that may not be currently offered, improve upon current Town programs, and/or are fiscally advantageous to the Town as compared to current Town programs, may be given favorable consideration.

IX. BASIS FOR AWARD

9.1. Awards under this RFP will be made to the highest qualified Offerors whose proposal(s) are determined, in the sole opinion of the Town, to be the most advantageous to the Town considering the criteria above.

9.2. Proposals determined not to meet one or more material RFP requirements, are substantially similar or duplicates of current Town programs/classes and/or not considered to improve upon current Town programs or be fiscally advantageous to the Town, in the Town’s sole opinion, may be excluded from further consideration.

9.3. Proposals evaluated to be most advantageous to the Town based on the above criteria will present to the Town procurement panel and outline proposed programming and qualifications.

9.4. After award to designated firm(s), a specific statement of work will be issued for each season.

9.5. The Town will receive proposals throughout the contract period and may make multiple awards during that period. Any awards made under this solicitation do not guarantee that an awardee(s) will be the only provider(s) of a particular type of program/class nor obligate the Town to commit any volume of business to an awardee(s).

9.6. Town staff will evaluate proposals on a quarterly basis following the submission deadline for each quarterly brochure. Interviews and/or site visits may be requested as needed. The final terms and conditions of the proposed contract will be negotiated by the Purchasing Agent or his/her designee with the successful Offerors. Contracts may be awarded to

RFP # 23–03 Recreation Instruction Classes and Camp Page 15 of 45 multiple Offerors who submit responsive and responsible proposals. The Town reserves the right to waive any informality and to reject all proposals in whole or in part.

9.7. Negotiations shall be conducted with each of the selected Offerors. The Offeror shall state any exception to any liability provisions contained in the Request for Proposal in writing at the beginning of negotiations, and such exceptions shall be considered during negotiation. The Town may undertake concurrent negotiations with the selected Offerors.

Negotiations may be conducted face to face, via telephone, via email, or other means of correspondence.

9.8. After negotiations have been conducted, the Town shall select Offerors on an ongoing basis which, in the Town’s opinion, have made the best proposals, and shall award contracts to Offerors that the Town decides to be in its best interests. Should the Town determine in writing and in its sole discretion that only one (1) Offeror is fully qualified for any particular program/class, or that one (1) Offeror is clearly more highly qualified than the others under consideration for a similar class offering, a contract may be negotiated and awarded only to that Offeror.

9.9. The Town may cancel this Request for Proposal or reject proposals at any time and is not required to furnish a statement of the reasons why a proposal was not deemed to be the most advantageous.

9.10 No Offeror, including any of their representatives, subcontractors, affiliates and interested parties, shall contact any member of the Evaluation Committee or any person involved in the evaluation of the proposals. Evaluation Committee members will refer all calls related to this procurement to the Purchasing Agent. Failure to comply with this directive may, at the sole discretion of the Town, result in the disqualification of an Offeror from the procurement process.

9.11 Public announcement of an Award and/or Intent to Award will be posted on the Town’s website: https://www.herndon-va.gov/departments/finance/purchasing and on eVA.

9.12 All contract awards for non-professional goods and services over $100,000 are contingent upon Town Council approval.

X. SUBMITTAL

10.1 Submittal shall include the following items:

A. Proposal— include program title and brief description plus program objectives, proposed location, minimum, maximum, necessary equipment, proposed program schedule, set-up/break down time, curriculum, ages, pre-requisites, staff plan and their background and experience, other information as relevant. Proposals shall be valid for 120 days following their receipt by the Town.

B. References-contact information for three professional references where similar services have been provided within the previous 24 months.

C. Proposed Fee Schedule

10.2 The following are required within 15 business days following execution of the contract and prior to the start of any program or services:

https://www.herndon-va.gov/departments/finance/purchasing

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A. Town of Herndon Business license

B. Copy of W-9

C. Staff Certifications (sports, CPR/First Aid, AED, etc.)

D. Completed Background checks for assigned staff only if awarded

E. Certificate of Insurance and Endorsement (As per Clause 21 of the General Terms and Conditions)

XI. PROPOSAL SUBMISSION

Offerors are solely responsible for checking the Town of Herndon Website to ensure that they have the most current information regarding the RFP.

PROPOSAL SHALL BE ELECTRONICALLY SUBMITTED ONLY TO:

Recreation.proposal@herndon-va.gov

XII. CONTRACTUAL ORDER OF PRECEDENCE

In the event of conflict, the provisions of the Contract and any subsequent amendments shall take precedence over any other contractual documents. The Contract consists of the following documents (the “Contract Documents”), that in the event of conflict shall have the following priority (highest to lowest):

12.1 Contract Amendment(s)

12.2 Contract:

a. RFP 23-03 and addendums

b. Signed Offeror’s Proposal as submitted

c. Duly Signed Summary of Negotiations and Acceptance (if any)

d. Statement of Work

XIII. DELAYS AND SUSPENSIONS

13.1 The Town may direct the Contractor, in writing, to suspend, delay, or interrupt all or any part of the work of this contract for the period of time deemed appropriate for the convenience of the Town. The Town will extend the Contractor's time of completion by a period of time that in the discretion of the Purchasing Agent is reasonably suited for completion of work. The Town may further amend the contract by mutual agreement for any increase in the cost of performance of the contract (excluding profit) resulting solely from the delay or suspension of the contract. No adjustment shall be made under this clause for any delay or interruption resulting from any other cause, including the fault or negligence of the Contractor.

13.2 If the Town does not direct the Contractor, in writing, to suspend, delay, or interrupt the contract, the Contractor must give the Town Purchasing Agent written notice if the Town fails to provide data or services that are required for contract completion by the Contractor.

The Town may extend the Contractor's time of completion by a period of time that in the discretion of the Purchasing Agent is reasonably suited for completion of work. The Town may further amend the contract by mutual agreement for any increase in the cost of performance of the contract (excluding profit) resulting solely from the delay or suspension of the contract. No adjustment shall be made under this clause for any delay or interruption

RFP # 23–03 Recreation Instruction Classes and Camp Page 17 of 45 resulting from any other cause, including the fault or negligence of the Contractor.

13.3 The Contractor shall continue its work on other phases of the project or contract, if in the sole discretion of the Purchasing Agent such work is not impacted by the Town’s delay, suspension, or interruption. All changes to the work plan or project milestones shall be reflected in writing as a contract amendment.

GENERAL TERMS AND CONDITIONS

Vendor: The general rules and conditions that follow apply to all purchases and become a definite part of each formal solicitation and resulting Contract award issued by the Town of Herndon, unless otherwise specified. Bidders, Offerors, Contractors, Vendors, or their authorized representatives are expected to inform themselves fully as to the conditions, requirements, scope of work or specifications before submitting bids or proposals; failure to do so is, solely, at the Bidder’s, Offeror’s, Contractor’s or Vendor’s own risk and relief cannot be secured on the plea of error.

Subject to all State and local laws, policies, resolutions, and regulations and all accepted rules, regulations and limitations imposed by legislation of the Federal Government, bids or proposals on all solicitations issued by Town of Herndon will bind Bidders or Offerors to applicable conditions and requirements herein set forth unless otherwise specified in the solicitation.

l. AUTHORITY – The Procurement Official has the sole responsibility and authority for negotiating, placing and when necessary, modifying every solicitation, Contract, and purchase order (except for capital construction projects) issued by the Town. In the discharge of these responsibilities, the Procurement Official may be assisted by assigned buyers. Unless specifically delegated by the Procurement Official, no other Town officer or employee is authorized to order supplies or services, enter into purchase negotiations or Contracts, or in any way obligate the government of the Town for indebtedness. Any purchase ordered, or Contract made which is contrary to these provisions and authorities shall be of no effect and void and the Town shall not be bound thereby.

2. DEFINITIONS

AGENCY: Any Department, Agency, Authority, Commission, Board, or other unit in the Administrative Service of the Town.

BEST VALUE: As predetermined in the solicitation, means the overall combination of quality, price, and various elements of required services that in total are optimal relative to a public body’s needs.

PROPOSAL: The offer of an Offeror to provide specific goods or services at specified prices and/or other conditions specified in the solicitation.

BIDDER/OFFEROR: Any individual, company, firm, corporation, partnership, or other organization bidding on solicitations issued by the Procurement Official and offering to enter into Contracts with the Town. The term "Bidder" will be used throughout this document and shall be construed to mean "Offeror" where appropriate.

CONTRACTOR: Any individual, company, firm, corporation, partnership, or other organization to whom an award is made by the Town.

GOODS: All material, equipment, supplies, printing, and automated data processing/information technology hardware and software.

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INFORMALITY: A minor defect or variation of a bid or proposal from the exact requirements of the invitation to bid or the request for proposal which does not affect the price, quality, quantity or delivery schedule for the goods, services or construction being procured.

INVITATION FOR BID (IFB): A request which is made to prospective suppliers (Bidders) for their quotation on goods or services desired by the Town. The issuance of an IFB will contain or incorporate by reference the specifications and contractual terms and conditions applicable to the procurement.

PROFESSIONAL: Any type of professional service which is either: 1) performed by an independent Contractor within the practice of accounting, actuarial services, architecture, dentistry, land surveying, landscape architecture, law, medicine, optometry, pharmacy, or professional engineering (which shall be procured as set forth in the Code of Virginia §2.2-4301 in the definition of competitive negotiation and in conformance with the Purchasing Regulations, required but not furnished by its own employees, which is in its nature so unique that it should be obtained by negotiation on the basis of demonstrated competence and qualification for the type of professional service required and at fair and reasonable compensation rather than by competitive sealed bidding.

PROCUREMENT OFFICIAL: The Procurement Official employed by the Town Council of the Town of Herndon.

REQUEST FOR PROPOSAL (RFP): A request for an offer from prospective Offerors that will indicate the general terms which are sought to be procured from the Offeror. The RFP will specify the evaluation factors to be used and will contain or incorporate by reference other contractual terms and conditions applicable to the procurement.

RESPONSIBLE BIDDER/OFFEROR: An individual, company, firm, corporation, partnership, or other organization having the capability in all respects to perform fully the Contract requirements, and also having the moral and business integrity and reliability which will assure good faith performance, and having been prequalified, if required.

RESPONSIVE BIDDER/OFFEROR: An individual, company, firm, corporation, partnership, or other organization having submitted a bid which conforms in all material respects to the invitation for bid or request for proposal.

SAM: System for Award Management (SAM.Gov). There is no cost to use (SAM.gov). A SAM registration is required for any entity to bid on and get paid for federal contracts or to receive federal funds.

These include for-profit businesses, nonprofits, government contractors, government subcontractors, state governments and local municipalities. The website is also used to determine if a contractor has been barred from doing business with the government.

SERVICES: Any work performed by an independent Contractor wherein the service rendered does not consist primarily of acquisition of equipment or materials, or the rental of equipment, materials, and supplies.

SOLICITATION: The process of notifying prospective Bidders or Offerors that the Town wishes to receive bids or proposals on a set of requirements to provide goods or services. The notification of the Town requirements may consist of public advertising (newspaper, Town Web Site, or other electronic notification), the mailing of Notices of Solicitation, Invitation for Bid (IFB) or Request for Proposal (RFP) or telephone calls to prospective Bidders or Offerors.

STATE: Commonwealth of Virginia.

3. CLARIFICATION OF TERMS - If any prospective Bidder/Offeror has questions about the specifications or other solicitation documents, the prospective Bidder/Offeror should contact, in writing, the Purchasing Agent NO LATER THAN TEN (10) WORKING DAYS BEFORE due date.

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Revisions to the solicitation are made only by addendum issued by the Purchasing Office. Questions shall be answered in writing via addendum and shall be posted on the Commonwealth of Virginia’s Procurement Website (eVA), the Town of Herndon’s website and the Town’s procurement bulletin board.

4. PROPOSAL FORMS – Unless otherwise specified in the solicitation, all proposals submitted to the email recreation.proposal@herndon-va.gov shall include (pages 35-45), properly signed in ink in the proper spaces.

5. LATE PROPOSALS & MODIFICATIONS OF PROPOSALS –

a) If the Town declares administrative or liberal leave, the Town will extend to the next business day proposal openings or receipt of proposals.

b) A late hand-carried proposal will not be accepted, or any other late proposal, shall not be considered for award.

6. ERRORS IN PROPOSALS – When an error is made in extending total prices, the unit price will govern. Erasures in proposals must be initialed by the Offeror. Carelessness in quoting prices or in preparation of a proposal otherwise, will not relieve the Offeror. Offerors are cautioned to recheck their proposals for possible errors. Errors discovered after public opening cannot be corrected and the Offeror will be required to perform if his or her proposal is accepted.

7. IDENTIFICATION OF PROPOSAL – The signed proposal shall be sent to the specified email address and identified with the following information:

The title as indicated on the cover page of this RFP RFP Number Proposal due date and time Vendor name

8. COMPLETENESS – To be responsive, a proposal must include all information required by the solicitation.

9. ACCEPTANCE OF PROPOSALS – Unless otherwise specified, all formal proposals submitted shall be valid for a minimum period of one hundred twenty (120) calendar days following the date established for acceptance. At the end of the one hundred twenty (120) calendar days the proposal may be withdrawn at the written request of the Offeror. If the proposal is not withdrawn at that time, it remains in effect until an award is made or the solicitation is canceled.

10. CONDITIONAL PROPOSALS – Conditional proposals are subject to rejection in whole or in part.

11. PROPOSALS FOR ALL OR PART – Unless otherwise specified by the Procurement Official or by the Offeror, the Procurement Official reserves the right to make award on all items in the aggregate or on any of the items on an individual basis, whichever is in the best interest of the Town. An Offeror may restrict his or her proposal to consideration in the aggregate by so stating but shall name a single unit price on each item proposed. Any proposal in which the Offeror names a total price for all the articles without quoting a unit price for each and every separate item may not be considered for award.

12. TIME FOR RECEIVING PROPOSALS – Proposals received prior to the time of opening are securely kept. The representative of the Procurement Official assigned to open them will decide when the specified time has arrived, and no proposal received thereafter is considered. See page 01

RFP # 23–03 Recreation Instruction Classes and Camp Page 20 of 45 of this RFP for the deadlines. No responsibility will attach to the Procurement Official or his or her representative for a proposal not properly addressed and identified. The Procurement Official will not consider in person delivery, verbal, or facsimile proposal/modifications.

13. PROPOSAL OPENING – The Procurement Officer or designee will open all proposals received in response to a Request for Proposal (RFP) at the date, time and place specified, and the name of the offerors will be properly published.

14. OMISSIONS & DISCREPANCIES – Any items or parts of any equipment listed in this solicitation which are not fully described or are omitted from such specification, and which are clearly necessary for the completion of such equipment and its appurtenances, shall be considered a part of such equipment although not directly specified or called for in the specifications. Should an Offeror find discrepancies or ambiguities in, or omissions from, the solicitation, including the drawings and/or specifications, he or she shall notify the Procurement Official at least ten (10) days prior to the date set for the opening of proposals. If necessary, the Procurement Official will post a written addendum for clarification to all Offerors no later than three (3) days before the date set for opening of proposals. Notifications regarding specifications will not be considered if received within five (5) days of the date set for opening of proposals.

15. OFFEROR INTERESTED IN MORE THAN ONE PROPOSAL – The Procurement Officer or designee will accept multiple proposals, if more than one proposal is offered by any one party, either directly or by or in the name of his or her clerk, partner, or other persons. A party who has quoted prices on work, materials, or supplies to an Offeror is not thereby disqualified from quoting prices to other Offerors or firms submitting a proposal directly for the work, materials, or supplies.

16. TAX EXEMPTION – The Town is exempt from the payment of any federal excise or any Virginia sales tax. The price offered must be net, exclusive of taxes. However, when under established trade practice any federal excise tax is included in the list price, an Offeror may quote the list price and shall show separately the amount of federal tax, either as a flat sum or as a percentage of the list price, which shall be deducted by the Federal Excise Tax Exemption Number is 54-6001349.

Contractors located outside the Commonwealth of Virginia are advised that when materials are picked up by the Town at their place of business, they may charge and collect their own local/state sales tax. Materials used in the performance of construction Contracts are subject to Virginia Sales/Use Tax as described in Section 630-10-27J of the Virginia Retail Sales and Use Tax Regulations.

17. PROHIBITION AGAINST UNIFORM PRICING – The Procurement Official shall encourage open and competitive proposals by all possible means and shall endeavor to obtain the maximum degree of open competition on all purchase transactions using the competitive negotiation, or open market methods of procurement.