RFP 25-001 Commissary Services - Cecil County Correctional Facility.pdf

REQUEST FOR PROPOSAL

RFP 25-001

COMMISSARY SERVICES - CECIL COUNTY CORRECTIONAL

FACILITY

Cecil County

200 Chesapeake Blvd

Elkton, MD 21921

RELEASE DATE: April 9, 2024

DEADLINE FOR QUESTIONS: May 7, 2024

RESPONSE DEADLINE: May 14, 2024, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

Request For Proposal #RFP 25-001 Title: Commissary Services - Cecil County Correctional Facility https://secure.procurenow.com/portal/cecil https://secure.procurenow.com/portal/%7bproject.government.code%7d

Cecil County

REQUEST FOR PROPOSAL

Commissary Services - Cecil County Correctional Facility

I. Introduction II. Purpose

III. Objective IV. Method of Source Selection V. Proposal Submittal Requirements

VI. Project Specifications VII. Constraints on the Successful Contractor

VIII. Responsibilities of the Organization IX. Insurance Provisions X. Evaluation of Proposals and Award

XI. Evaluation Phases XII. Proposal Response Questions

Attachments:

B - Contract Agreement

1. Introduction

1.1. Summary

The objective of this Request for Proposal (RFP) is for Cecil County, Maryland to select a VENDOR to provide computerized inmate commissary services to the inmates of the Cecil County Correctional

Facility. Currently, inmates order food, personal hygiene items, and other miscellaneous items from a pre-approved, vendor provided order form.

1.2. Background

The Cecil County Sheriff’s Office is responsible for the housing of inmates in the Cecil County Detention

Center and Community Corrections. The Cecil County Detention Center has a rated capacity of 233 inmates. At this present time, the average daily population of the Detention Center and Community

Corrections is approximately 180.

Price is not dependent on the number of inmates.

1.3. Contact Information

Connie Kamit

Procurement Manager

200 Chesapeake Blvd.

Elkton, MD 21921

Email: ckamit@cecilcountymd.gov

Phone: (410) 996-5385 Ext: 8121

Department:

Purchasing

Department Head:

Connie Kamit

Purchasing Manager

1.4. Timeline

Release Project Date April 9, 2024

Pre-Proposal Meeting (Mandatory) April 30, 2024, 10:00am

Cecil County Detention Center

500 Landing Lane

Elkton, MD 21921

**NO LATE ADMITTANCE PERMITTED AFTER 10:00

A.M.** mailto:ckamit@cecilcountymd.gov tel:(410)996-5385;ext=8121

Question Submission Deadline May 7, 2024, 3:00pm

Proposal Submission Deadline May 14, 2024, 2:00pm

2. Purpose

Cecil County, Maryland, is requesting proposals for theCommissary Services - Cecil County Correctional

Facility” according to Chapter 92 of the Cecil County Code and specifications as stated within the Scope of Work from qualified firms, individuals, etc. having specific experience identified in the Request for

Proposal (RFP).

The Request for Proposal (RFP) is for Cecil County, Maryland to select a VENDOR to provide computerized inmate commissary services to the inmates of the Cecil County Correctional Facility.

Currently, inmates order food, personal hygiene items, and other miscellaneous items from a pre-approved, vendor provided order form.

3. Objective

The objective of this Request for Proposal (RFP) is for Cecil County, Maryland to select a VENDOR to provide computerized inmate commissary services to the inmates of the Cecil County Correctional

Facility. Currently, inmates order food, personal hygiene items, and other miscellaneous items from a pre-approved, vendor provided order form.

The service will not be authorized until such time as a Notice to Proceed/Contract/Purchase Order has been issued. It is the intent of Cecil County, Maryland to execute a contract with the most qualified team/organization that presents an economically viable proposal. The composition of the VENDOR’s organization and the service they would provide, along with the price, shall be clearly defined and stated in the proposal. Past experience and qualifications of the organization shall be detailed in the proposal.

4. Method of Source Selection

Cecil County, Maryland is required to adhere to the Cecil County Code, Section 92 Purchasing, concerning good public purchasing practices using a competitive process (RFP). All available information may be reviewed on the Cecil County, Maryland website (www.ccgov.org).

http://www.ccgov.org/

5. Proposal Submittal Requirements

5.1. Proposal Submission

All proposals shall be submitted electronically to OpenGov Procurement by 2:00 pm, Tuesday, May 14, 2024 in order to be considered responsive. To be considered, proposals shall be received by the RFP closing date and time, and failure to adhere to the submittal requirements shall result in proposal being deemed non-responsive. The electronic time and date stamp will serve as the verification of the submittal requirement. Submittals received at other electronic addresses shall not be opened.

Late proposals will not be considered. Vendors/Contractors are strongly encouraged not to wait until the last minute to submit proposals. The time stated on the OpenGov Procurement will be definitive of the time of receipt. Proposals received after the deadline will not be accepted.

NO HARD COPIES WILL BE ACCEPTED.

5.2. Examination of Site and Data

Before submitting proposals, prospective Contractors shall carefully examine the Proposed Contract

Documents, inspect the site of proposed installations, acquaint themselves with all governing laws, ordinances, etc. and otherwise thoroughly familiarize themselves with all matters which may affect the performance of the work. The act of submitting a proposal shall be considered as meaning that the

Contractor has so familiarized themselves and, therefore, no concession will be granted by the County because of any claim of misunderstanding or lack of information. Contractors are expected to read and study all specifications with special care and to observe all their requirements.

Discrepancies, ambiguities, errors, or omissions noted by Contractors should be reported promptly to the County for correction or interpretation before the date of the opening of proposal.

5.3. Site Visit

A site visit shall be available immediately following the Mandatory Pre-Proposal Meeting.

NO LATE ADMITTANCE PERMITTED TO PRE-PROPOSAL MEETING AFTER 10:00 A.M.

Location:

Cecil County Detention Center

500 Landing Lane

Elkton, MD 21921

5.4. Questions

All questions shall be asked using the question & answer feature via OpenGov Procurement by 3:00 pm on Tuesday, May 7, 2024.

5.5. Bid Opening

There shall be no public opening as per County policy.

https://procurement.opengov.com/portal/cecil/projects/80178

5.6. Bid Packages

Bid packages can be downloaded on Cecil County's OpenGov Procurement Portal

(https://procurement.opengov.com/portal/cecil/projects/80178 ) as a PDF document for all vendors to download at no charge.

Changes or addendums to this bid will be posted on the County's OpenGov Procurement Portal.

The County is not responsible for information obtained from sources outside the Cecil County

Purchasing Office, including downloads from the County website. Vendors are directly responsible for obtaining updates, changes, or addendums either from the updated webpage or by contacting the

Purchasing Office.

5.7. Pre-Proposal Meeting (Mandatory)

A MANDATORY pre-proposal meeting will be held in-person on Tuesday, April 30, 2024 at 10:00 am.

Location or Video Conference Information: Cecil County Detention Center 500 Landing Lane Elkton, MD

21921 **NO LATE ADMITTANCE PERMITTED AFTER 10:00 A.M.**

5.8. Rejection of Proposals

The Cecil County, Maryland or its agencies reserves the right to accept in part or in whole any or all proposals submitted or to waive any technicality or minor irregularity in a proposal. Additionally, the

County shall reject the proposal of any Contractor determined to be non-responsive in accordance with the Code of Cecil County, Section 92 and requirements set within this RFP. Unreasonable failure of a

Contractor to promptly supply the County with information with respect to responsibility may be grounds for a determination of non-responsibility.

All Proposals, RFPs, IFBs or RFQs are contingent upon budgetary constraints.

5.9. Compliance with the RFP

All proposals submitted shall be in strict compliance with the RFP and failure to comply with all provisions in the RFP may result in disqualification or rejection of the proposal.

5.10. Revisions Due to Ambiguity, Conflict, or Other Errors in RFP

Any ambiguity, conflict, discrepancy, omissions, or other error/s discovered in the RFP must be reported immediately to the Cecil County Purchasing Office, Connie Kamit, 200 Chesapeake Blvd., Elkton, Maryland 21921 in writing and a request made for modifications or clarification. All changes to RFPs will be made in writing (addendum) and all parties who have received the RFP will receive the addendum.

Contractors are responsible for clarifying any ambiguity, conflict, discrepancy, omission, or error in the

RFP prior to submitting the proposal or it shall be deemed waived.

5.11. Implied Requirements

Any product or service that is not specifically addressed in the RFP, but which is necessary to provide functional capabilities proposed by the Contractor, must be included in the proposal.

5.12. Proposals and Presentation Costs

Cecil County, Maryland, or its agencies, is not liable in any way for any costs incurred by the Contractors in the preparation of their proposals in response to the RFP, nor for the presentation of their proposals and/or participation in any discussion or negotiations.

5.13. Exceptions to Format

The RFP describes the requirements and response format in sufficient detail to secure comparable proposals, recognizing that various proponent approaches may vary widely. Any proposal that differs from the described format may be considered non-responsive and rejected.

5.14. Validity of Proposals

All proposals shall be valid for one hundred eighty (180) days from the date of the RFP opening and become the property of the County. If negotiations result in modifications to the RFP, then one hundred eighty (180) days will commence from the date of the receipt of the new proposal. This period may be extended by mutual written agreement between the Contractor and Cecil County, Maryland.

6. Project Specifications

6.1. SCOPE OF SERVICE (including specifications)

The Cecil County Sheriff’s Office with the cooperation of the Cecil County Purchasing Office is requesting proposals from all interested parties to provide computerized inmate commissary services to the inmates of the Cecil County Detention Center and Community Corrections. Currently, inmates order food, personal hygiene items, and other miscellaneous items from a pre-approved, vendor provided order form. Items are then delivered at a later time.

The objective of this Request for Proposal (RFP) is for Cecil County, Maryland to select a VENDOR to:

• To provide the highest level of service to all inmates of the Cecil County Correctional Facility.

• To provide an accurate, economical, and efficient means to process inmate orders.

• To provide a reasonable commission back to the Cecil County Sheriff’s Office.

The primary scope of this contract consists of furnishing all materials, labor, administration, management, and equipment necessary to operate an efficient Commissary at the Cecil County

Correctional Facility.

All proposals shall be submitted as specified within the RFP under Proposal Response Questions tab.

One package shall contain the contractors’ qualifications to complete the project including proposed schedules and listing of required maintenance. The second package shall contain the completed project cost detailing all costs of maintenance, repairs, commission rates, and parts. The contractor shall be selected according to Best Value as determined by a County Selection Committee.

It is the intent of the County to conduct the procurement process in an expeditious manner, and the respondents must comply with the time limitations imposed.

6.2. CONTRACT ADMINISTRATOR

The Contract Administrator for this project shall be Captain William Jolly, Assistant Deputy Warden, located at 500 Landing Lane, Elkton, Maryland 21921. Captain Jolly can be contacted at 410-996-5807.

6.3. COMMISSARY SERVICES FOR THE CECIL COUNTY CORRECTIONAL FACILITY

DETAILED SPECIFICATIONS

Quantities

This proposal is an “Indefinite Quantity Contract”. Cecil County Correctional Facility is not obligated to purchase any minimum or maximum quantity of supplies or products during the contract period.

Contractor’s Qualifications

A contractor must be capable of supplying the turnkey services as specified. Preparation facilities, administration, staffing, transportation, food preparation and equipment, etc. needed to perform this work will be required.

If needed, copies of all permits required to perform this work must be presented to Cecil County

Detention Center’s Deputy Director, prior to beginning work.

Proof of financial and business capability - Contractors shall, upon request, furnish satisfactory evidence of their ability to furnish products or services in accordance with the terms and conditions of these specifications. Cecil County will make the final decision as to the contractor’s ability to provide the services required.

Certify that the contractor is engaged in a full-time business operation for this type of service and has been in business for a minimum of three (3) years.

Have a satisfactory record of performance.

Have a satisfactory record of integrity and ethics.

The successful contractor shall comply with all Federal, State and Local Laws and regulations. All licenses and permits required to perform this work must be obtained at the expense of the contractor.

Must be otherwise qualified and eligible to receive an award as determined by the Cecil County, Maryland.

The County may request representation and/or other information sufficient to determine Contractor’s ability to meet the minimum standards listed above.

All of the services required shall be included in the proposal price.

Non-Assignment of Contract

The contractor shall not assign the contract, or any portion thereof, except upon the written approval of the County.

Criminal Background Check

Because of the secure nature of the facility Contractor will be providing services to, all prospective

Contractors will be subject to a criminal background check. Additionally, upon award of contract, all employees of that Contractor that will be involved in the services provided to the Cecil County

Correctional Facility will also be subject to a criminal background check. Criminal records will be checked and evaluated by the Sheriff’s Office to ensure they do not impose a security or safety risk to the institution. Any employee of the contracting company that does not pass the criminal background check shall not enter the Cecil County

Correctional Facility, nor shall any employee not passing the criminal background check be involved in the packaging or delivery of items to the Cecil County Correctional Facility. Failure to comply with this stipulation after the award of the contract shall be considered breech of contract. In addition, any

Subcontractor and their subsequent staff must also pass a background check as described above.

Services Provided

The Contractor will provide commissary services to the inmates of the Cecil County Correctional Facility so as to provide each inmate with access to the system at least one (1) time per week (unless otherwise restricted by the Sheriff). Delivery of completed orders will arrive within 72 hours (3 working days) after order is placed.

Inmate Ordering Procedures

Funds will be electronically deducted immediately and the inmate will be given notice of his/her new balance simultaneously with his/her order. The Contractor must have and is responsible for saving a backup file.

Delivery

The Contractor shall deliver the orders to the Cecil County Correctional Facility individually packaged for each inmate. There shall not be an extra delivery fee charged for the delivery. Please describe within your proposal how delivery will take place.

Packaging of Inmate Orders

Individual inmate commissary orders shall be delivered in clear plastic bags with tamper proof seals.

There shall be two (2) copies of the order receipt sealed within the bag. The receipt should contain the following information:

A. Inmate name;

B. Inmate location;

C. Inmate ID number

D. Items and quantities ordered;

E. Total of order;

F. Beginning account balance;

G. Ending account balance; and

H. 2 signature lines.

Commissary Menu

The Contractor, Director, and Buyer shall meet and agree upon the items to be carried on the commissary menu. The Contractor will keep the Correctional Facility current of any new products that are available.

The Contractor will make categories of commissary products available for purchase; including: hygiene products, stationery materials; greeting cards and envelopes; snacks; food; games; personal care items;

and under clothing.

All prospective Contractors shall submit, with this RFP, a list of all items they can provide to the Cecil

County Correctional Facility. From this list the Director shall choose which items he wishes to have carried by the Contractor. All items shall include an item description, manufacturer, product size and weight, and the cost to the inmate. Failure to include any or all of this information shall be considered failure to comply with RFP.

Commissary Product Specifications

All food items shall be wrapped/packaged and dated for individual consumption and meet all Federal, State and Local health requirements.

All containers shall be made of non-breakable materials.

No product shall be packaged in metal or glass.

No products shall contain alcohol or CDS-based chemicals.

No products shall contain tobacco.

Contractor Inventory and Restocking

The Contractor shall not substitute or backorder and should have an order fill rate of 98 % or better.

The Contractor must provide a method of handling “restocking” of returned orders for those orders that were sent, but the requesting inmate had been released prior to receiving the order.

Prices

The Cecil County Sheriff’s Office Correctional Facility reserves the right to determine the final retail selling prices to the inmates. Price changes shall not be authorized during contract terms.

Contractor Availability

The Contractor will be available 24 hour/day, 7 day/week for service calls to maintain the system.

6.4. CONTRACTOR NETWORK & EQUIPMENT AND HARDWARE SPECIFICATIONS

Network

The Contractor will provide a networked, PC based inmate-banking system, which ties together all Cecil

County Sheriff’s Office’s correctional facilities in a live environment and which can be linked to the jail management system. At a minimum, the inmate trust fund system should include the following:

A. Records maintained by inmate name, ID number, and other identifiers;

B. Intake, release population tracking;

C. Account balances maintained up to the minute and restrictions applied to purchases without sufficient funds;

D. Inmate account management for Community Corrections;

E. Accounting reports for specified periods;

F. Inmate purchase restrictions by quantity, date, custody level, and disciplinary/indigent status;

G. On-line instant access to all inmates sales information and account balances;

H. On-demand generation of reports and sales analysis;

I. Inmate and 3rd party deposit ability;

J. Ability to manage inmate co-payments for services provided, such as health care, programs, jail fees, admission kits, etc.;

K. Integration with jail management system;

L. Integration with the inmate telephone system (Securus Technologies)

M. System security; and

N. All hardware and software to support commissary and account system.

System Requirements

Currently money may be placed on an inmates account by family and/or friends on a kiosk at the facility. Money may also be put on an inmates account via the internet. The Contractors system will receive inmate transactions from a kiosk when ordering takes place. Family and friends may also place commissary orders online.

System Features

Order quantities must be amended automatically without user intervention (i.e. to adjust for inmate overspending account balance) without canceling the entire order.

Items rejected for one (1) or more restriction criteria must be able to be retained with the inmate’s order detail and printed on the inmate’s commissary receipt with the reason for rejection.

System Controls

The Contractor’s system must allow for the addition of inmate information to control commissary purchases (i.e. discipline controls, dietary restrictions) including at the minimum:

A. Quantity per order;

B. Quantity per time span;

C. Orders per time span;

D. Disallowed items;

E. Category quantity restriction;

F. Category age restriction;

G. Spending limit restriction;

H. Spending limit override;

I. Restriction assignment by housing location; and

J. Recognize if inmate fills out more then one form;

The Contractor’s order processing software must include the ability to configure and automatically apply multi-level spending limits.

Kiosks

The contractor will provide and install electronic ordering kiosks for commissary purchases to the (14) fourteen locations designated by the facility. These kiosks should have the ability for inmates to check their current balances as well as order commissary items. The contractor should be available and able to respond to issues/problems that occur with the kiosk.

6.5. INSTALLATION, TRAINING, & MAINTENANCE OF CONTRACTOR'S

EQUIPMENT

Installation

The Contractor shall accept full responsibility for the installation and efficient operation of all equipment used and bare all costs associated with same.

Servicing

All equipment will be serviced weekly or as needed or specified by the County during the entire contract period. All proposals shall include an approximate time of day for servicing equipment. Contractor will check in with a pre-named contact person each time equipment is serviced.

Installation Time

All proposals shall specify the number of days required to install commissary system. Failure to state installation time will cause proposal to be rejected. Transition shall provide minimal interruption of inmate current orders.

Training

The Successful Contractor shall be responsible for training all necessary Correctional Facility personnel in the use of all equipment necessary for the operation of the Commissary system. Training shall take place the first day after installation has been completed, inspected, tested and accepted by the County and shall be scheduled at the convenience of the Director of the Detention Center.

Utilities and Other Considerations

The County will provide electricity, lighting, heating, and air conditioning of the designated premises, but without liability on the County’s part arising from temporary interruption thereof on account of breakdown, power failure, or like causes. Successful Contractor agrees that in using of such utilities, they will exercise the same degree of care and economy as would be exercised if they were paying for such utilities. No service specified herein will include janitor service. Except for utilities, successful bidder will be responsible for all bills for materials, supplies, equipment, maintenance, taxes, etc., to or at such designated premises, or of any person employed or claiming to have been employed by the successful bidder.

Possession of Designated Premises

The Successful Contractor will not take possession of the designated premises nor cause installation of commissary system until all requirements of this RFP are fulfilled. Failure to provide all pre-possession requirements will constitute default of the contract and the County may terminate the award and re-award the contract to the next Contractor as it deems to be in the best interest of the County.

6.6. COMMISSIONS & ACCOUNTING REQUIREMENTS

Commissions

The Contractor will provide a firm, fixed percentage commission of the total net sales for all requirements set forth in this RFP. All firm, fixed percentages shall be shown in the financial proposal.

The successful Contractor agrees that a breach or a failure to perform contract duties, as set forth herein, will entitle the County to recover from the successful Contractor all lost profits. When lost profits cannot be determined with certainty, the County will be entitled to recover from the successful

Contractor an amount equal to 25% of all gross sales, both commissary and vending. For the purposes of the provision only, gross sales will be computed by multiplying the highest gross sales for any month of the contract by the number of months of the contract affected by the breach or failure. The County will recover 25% of that amount.

Accounting Requirements

On a monthly basis (unless an agreement is reached changing the schedule), the Successful Contractor will remit to Cecil County a percentage commission of the total net sales for all commissaries. The total net sales will be gross sales less sales tax. The percentage commission used will be that which is shown on the contractor’s RFP form.

Within ten (10) calendar days following the conclusion of the previous commission period, the

Contractor will submit its calculations of the percentage commission and will make all commissions payable to the Cecil County. The successful Contractor will be responsible for paying all sales tax and will not deduct such from the commissions owed to the County. The Contractor must include with the commission payment a detailed report of sales.

RECORD KEEPING

The contractor shall maintain statistical data with regard to quantity purchased, unit price, extended cost, information using standard accounting procedures and practices, and made available to the buyer and or the assistant warden upon reasonable notice.

County Records Subject to Audit

The Successful Contractor agrees that the County, or its designee, reserves the right to audit, examine, and copy any and all books, records, and information relating to the operation of the commissary and vending machines. All records will be maintained until the audit is completed, and all questions arising there from are resolved, or five (5) years after this contract expires or is terminated, except that records will be retained beyond the fifth year if an audit is in progress or the findings of a completed audit have not been resolved satisfactorily.

Changes to Contract

If any such changes cause an increase or decrease in the cost, Purchasing will make an equitable adjustment in the contract price and will modify the contract.

7. Constraints on the Successful Contractor

7.1. Permits

Unless otherwise provided in the Design-Build Documents, the Design-Builder shall secure and pay for the building permit as well as any other permits, fees, licenses, and inspections by government agencies, necessary for proper execution of the Work and Substantial Completion of the Project. The Design-

Builder shall comply with and give notices required by applicable laws, statutes, ordinances, codes, rules and regulations, and lawful orders of public authorities, applicable to performance of the Work.

Cecil County will cooperate with the Design-Builder in securing building and other permits, licenses and inspections.

7.2. Warranty

The Design/Build Contractor shall warrant all work for two (2) years.

Failure to correct warranty issues promptly and to the satisfaction of the Department on this or other contracts may result in finding the Contractor non-responsive for future contracts/bids. All required

Bonds shall remain active to cover the agreed warranty period. Any issue discovered and documented during the warranty period shall require the existing bonds to remain active beyond the agreed warranty period until the issues are resolved and agreed upon by all parties. All releases of contract bonds shall be in writing from Cecil County, Maryland or a release of bond document signed by a Cecil

County, Maryland authorized representative.

7.3. Personal Liability of Public Officials

In carrying out any of the provisions of this Contract or in exercising any power of authority granted herein, there shall be no personal liability upon the County or its authorized assistant, it being understood that in such matters he acts as the agent or representative of the County.

7.4. Subletting of Contract

The Contractor shall not sublet, sell or assign all or any portion of the Contract, or the work provided therein, without the consent of the County. Subletting or assigning more than fifty percent (50%) of the dollar value of the Contract work shall not be permitted. Where subcontractors are used, contractor shall submit all insurance information for all subcontractors.

7.5. Affirmative Action Policy

In accordance with Cecil County’s Affirmative Action policy against discrimination, no person shall, on the grounds of race, color, creed, religion, sex, age marital status, national origin, handicap or disability, be excluded from full employment rights in, participation in, be denied the benefits of, or be otherwise subjected to discrimination. During the performance of the work and services hereunder, the

Design/Build Contractor, for themselves, their assignees and successors in interest, agrees to comply with all federal, state and local non-discrimination regulations.

7.6. Responsibility for Complete Project

It is the responsibility of the Design/Build Contractor to perform the work under this Contract. If mention has been omitted in the Contract Documents of any items of work or materials usually furnished or necessary for the completion or proper functioning of the equipment, it will be included by the Design/Build Contractor without extra payment.

7.7. Proposal Deadline

After the work has been started, it shall be performed continuously on all acceptable working days without stoppage until the entire contract is completed. In case the Design/Build Contractor neglects or fails to work continuously on all acceptable working days, the County Executive of Cecil County through the Cecil County Administrator and appropriate Department Director may terminate the Contract and use any method that he deems necessary to complete the Contract.

7.8. CERTIFIED CHECK OR PROPOSAL BOND

NO BID BOND REQUIRED

7.9. Contract Payment and Contract Performance Bond

All Task Orders, contract agreements of $100,000 or greater, will require a Contract Payment and

Contract Performance Bond and each to be in an amount equal to one hundred percent of the Contract amount. If the total price is less than $100,000.00, the Contract Payment and Performance Bonds will not be required.

7.10. Annulment of Contract

Should the Contractor fail to make satisfactory progress, or to comply with orders of the County, or should he neglect or refuse to remove materials, or to perform anew such work as has been rejected as defective and unsuitable, or if the Contractor shall become insolvent or be declared bankrupt, or shall make an assignment for the benefit of creditors or from any other cause shall not carry on the work in an acceptable manner, the County shall have the right to annul its Contract without process or action at law, and to turn over to the surety for completion or, at County’s option, or in case performance is guaranteed by negotiable securities, to take over the work and complete it, either by day labor or by re-letting all or any part of the work. Upon receiving notice to this effect, the Contractor shall vacate possession and give up the said work, or the parts thereof specified in said notice, peaceably to the

County. Neither by taking over of the work by the County, nor by the annulment of the Contract shall the County forfeit the right to recover damages from the Contractor or Contractor’s Surety for failure to complete the Contract. Should the cost of completing the work be in excess of the original Contract price, the Contractor and Contractor’s Surety shall be held responsible for such excess cost.

7.11. Affirmative Action Policy

In accordance with Cecil County’s Affirmative Action policy against discrimination, no person shall, on the grounds of race, color, creed, religion, sex, age marital status, national origin, handicap, or disability, be excluded from full employment rights in, participation in, be denied the benefits of, or be otherwise subjected to discrimination. During the performance of the work and services hereunder, the

Contractor, for themselves, their assignees, and successors in interest, agrees to comply with all federal, state, and local non-discrimination regulations.

7.12. Employee Background Check

All contractors and subcontractors’ employees will be required to pass a background check in order to be permitted to work on the premises. Each employee shall submit the “Authorization for Access to

Records” form (See #Proposal Response Questions) two weeks in advance of the first day of work on the premises.

7.13. Responsibility for Complete Project

It is the responsibility of the Contractor to perform the work under this Contract. If mention has been omitted in the Contract Documents of any items of work or materials usually furnished or necessary for the completion or proper functioning of the equipment, it will be included by the Contractor without extra payment.

After the work has been started, it shall be performed continuously on all acceptable working days without stoppage until the entire contract is completed. In case the Contractor neglects or fails to work continuously on all acceptable working days, the County Executive of Cecil County through the Cecil

County Administrator and appropriate Department Director may terminate the Contract and use any method that he deems necessary to complete the Contract.

7.14. Responsibility for Direct Damages

In addition to the assessment of liquidated damages for delay, it is hereby understood and mutually agreed, by and between the Contractor and the County that the Contractor shall be responsible to the

County for payment of direct costs incurred by the County if it is necessary for the County to supervise or correct work that does not comply with the Contract Documents.

7.15. Disadvantaged Business Enterprise Program

The County promotes policies which assure and encourage the full participation of Disadvantaged

Business Enterprises (DBE) in the provision of goods and services.

Disadvantaged Business Enterprises, as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the Contractor enters into pursuant to this contract. The Contractor shall use their best efforts to solicit proposals from and to utilize DBE subcontractors or subcontractors with meaningful minority group and female representation among their employees.

https://procurement.opengov.com/portal/cecil/projects/80178?section=715929

8. Responsibilities of the Organization

8.1. Inspection

The County may appoint Project Representatives/Inspectors as they may deem necessary to properly inspect the materials furnished or to be furnished, and the work performed under this Contract, and to see that the same strictly correspond with the drawings and specifications; such materials and workmanship shall be always subject to the approval of the County, but no inspection, approval or acceptance of any part of the work herein contracted for, or of the materials used therein or any payment on account thereof, shall prevent the rejection of said work or materials found to be defective, or not, in accordance with the requirements of the Contract. Work and materials will be inspected promptly, but if for any reason delay should occur, the Contractor shall have thereby no claim for damages or extra compensation.

8.2. Claims

Should the Contractor believe that it is entitled to any additional compensation or time, over or beyond the compensation or time stipulated in the Contract documents, or for compensation or an extension of contract time over or beyond that allowed or approved by the County for damages, losses, expenses, or delays alleged to have been sustained by it in connection with this Contract, the Contractor shall file a written notice of claim thereof with the County prior to incurring any costs for which it may claim a right to additional compensation. Unless otherwise specified or required, in the events of alleged delay to the schedule, such notice shall be given no later than twenty (20) days after the onset of such alleged damages, losses, expenses, or delays.

Unless otherwise specified, within thirty (30) days after giving the required notice, but not later than final payment, the Contractor shall file with the County a written, itemized statement of the details and amount of such claim of damage, loss, expenses, or delay. Unless the Contractor timely files its written notice of claim and statement of costs as prescribed herein, the Contractor’s claim for such additional compensation shall be absolutely invalidated; and it shall not be entitled to any compensation on account of such alleged damage, loss, expenses, or delay.

The County shall ascertain the facts and shall approve an equitable adjustment to the Contract amount and/or time when, in his judgment, the findings of fact warrant it. The County shall issue a written decision on the claim within thirty (30) days after receipt of the Contractor’s itemized statement of the claim unless extended by mutual written agreement. If the County does not issue a decision within thirty

(30) days or any extension thereof, the County shall be deemed as having made a final decision denying the claim. The County’s decision shall be final and conclusive on the parties, except as provided in

“Breaches and Dispute Resolution”.

8.3. Breaches and Dispute Resolution

• Disputes – Disputes arising in the performance of this Contract which are not resolved by agreement of the parties as discussed in Claims Section of this contract, shall be submitted in writing on company letter head to the authorized County Representative Titled “Dispute to

Claim Response” with the project name and bid number. A decision will be issued in writing by the authorized representative of Cecil County, Maryland. This decision shall be final and conclusive unless within ten (10) days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to Cecil County, Maryland. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The appeal will be in writing on company letterhead addressed to

“Purchasing Department”, titled “Appeal to County Claim Response” with the project name and bid number. The decision of the Cecil County, Maryland shall be binding upon the Contractor and the Contractor shall abide be the decision.

• Performance During Dispute – Unless otherwise directed by Cecil County, Maryland, Contractor shall continue performance under this Contract while matters in dispute are being resolved.

• Claims for Damages – Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents, or others for whose acts he is legally liable, a claim for damages therefore, shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage.

• Remedies– Unless this contract provides otherwise, all claims, counterclaims, disputes, and other matters in question between the Cecil County, Maryland and the Contractor arising out of or relating to this agreement, or its breach will be decided by Binding Arbitration. By submitting a proposal, you agree to these conditions.

• Arbitration of Dispute - In any claim, dispute or other matter in question arising out of or related to this Agreement, the Parties must submit the issue to binding arbitration in accordance with Title 3, Subtitle 2, Courts and Judicial Proceedings Article, Annotated Code of

Maryland, before the Circuit Court for Cecil County prior to filing any action in any Court.

• Waiver of Jury Trial - The parties hereto waive their right to elect a jury trial in any dispute involving their rights under this Agreement.

• Rights and Remedies – The duties and obligations imposed by the Contract Documents and the rights and remedies available there under shall be in addition to and not a limitation of any duties, obligations, rights, and remedies otherwise imposed or available by law. No action or failure to act by the Cecil County, Maryland shall constitute a waiver of any right or duty under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach there under.

9. Insurance Provisions

GENERAL REQUIREMENTS

Coverages Required:

Unless otherwise required by the specifications or the contract, the Contractor/Vendor shall purchase and maintain the insurance coverages listed herein.

Insurance Companies must be acceptable to Cecil County and have an A.M. Best Rating of A-, Class X or better.

Verification of Insurance:

Before starting work on the contract or prior to the execution of the Contract on those bid, the

Contractor/Vendor shall provide Cecil County, Maryland with verification of insurance coverage evidencing the required coverages.

Cecil County as Additional Insured:

The coverage required, excluding Worker’s Compensation and Employers’ Liability and Medical

Malpractice Liability/Professional Liability/Errors and Omissions Liability, must include Cecil County, Maryland as an additional insured.

Contractor’s/Vendor’s Responsibility:

The providing of any insurance herein does not relieve the Contractor/Vendor of any of the responsibilities or obligations the Contractor/Vendor has assumed in the contract or for which the contractor/Vendor may be liable by law or otherwise.

Failure to Provide Insurance:

Failure to provide and continue in force the required insurance shall be deemed a material breach of the contract.

INSURANCE COVERAGES

General Liability Insurance

• Minimum Limits of Coverage:

General Liability: $2,000,000 Annual Aggregate

$1,000,000 Each Occurrence

$1,000,000 Products and Completed Operations

$1,000,000 Personal Injury and Advertising

• Such insurance shall protect the Contractor/Vendor from claims which may arise out of, or result from, the Contractor’s/Vendor’s operations under the contract, whether such operations be by the Contractor/Vendor, any subcontractor, anyone directly or indirectly employed by the

Contractor/Vendor or Subcontractor, or anyone for whose acts any of the above may be liable.

• Minimum Coverages to be included:

A. Independent Contractor’s coverage;

B. Completed Operations and Products Liability coverage; and

C. Contractual Liability coverage

• Damages not to be Excluded:

Such insurance shall contain no exclusions applying to operations by the Contractor/Vendor or any Subcontractor in the performance of the Contract including but not limited to:

A. Collapse of, or structural injury to, any building or structure;

B. Damage to underground property; or

C. Damage arising out of blasting or explosion.

Automobile Liability Insurance

• Minimum Limits of Coverage:

Business Auto Liability: $1,000,000 Combined Single Limit

• Minimum Coverages to be Included:

Such insurance shall provide coverage for all owned, non-owned, and hired automobiles.

Workers’ compensation and Employers’ Liability Insurance

• Such insurance must contain statutory coverage, including:

o Employers’ Liability insurance with limits of at least:

Worker’s Compensation: -- Statutory

Excess $1,000,000 Each Occurrence

Professional Liability Insurance

• Minimum Limits of Coverage:

Professional Liability: $1,000,000 (As Required)

Other

Such other insurance in form and amount as may be customary for the type of business being undertaken by the Contractor/Vendor.

Notice of Cancellation

Commercial General Liability Insurance, Automobile Liability Insurance and Workers' Compensation insurance, as described above shall include an endorsement stating the following:

"Thirty (30) days advance written notice of cancellation, non-renewal, reduction, and/or material change shall be sent to: Cecil County, Maryland, Attn: Purchasing Department, 200 Chesapeake Blvd., Suite 1400, Elkton, MD 21921."

Prior to starting the performance of the contract and for each extension of the contract, a certificate of insurance shall be furnished to the County. Insurance companies providing insurance shall be acceptable to the County. The contractor shall obtain at its own cost and keep it in force and in effect during the term of the contract. The proposer shall provide a Certificate of Insurance prior to the award of this contract.

10. Evaluation of Proposals and Award

10.1. Evaluation of Proposal & Award

A. The County reserves the right to reject any or all proposal for any reason in whole or in part that are received in response to this RFP.

B. If the Contractor to whom an award is made shall fail to execute the Contract in the specified time, the award may be annulled, and the Contract awarded to the second selected Contractor or the County may reject the entire proposal as their interest may require.

C. The award will be made to the Contractor whose technical proposal and cost proposals are determined to be the best value for the County by the Committee. The determination by the

Committee is final. The selection process, may however, include a request for additional information or an oral presentation to support the written proposal; the price proposal will be considered firm and cannot be altered after receipt per terms of this proposal.

10.2. Submittal Format

The submittal is comprised of two parts, a “Technical Proposal” and “Cost Proposal”. The Cost Proposal is comprised of a file upload in #Proposal Response Questions and the Technical Proposal is outlined below in “Technical Proposal Submittal Format” section. The two parts shall be submitted as file uploads in #Proposal Response Questions section.

10.3. Technical Proposal Submittal Format

Contractors should structure the proposal in the following manner:

TECHNICAL PROPOSAL CONTENT -

Responding Contractor

Briefly introduce yourself. Give the location and size of the office that will provide these services.

Project Understanding

Describe the services proposed to be supplied based on the specifications as listed in Section 6.3.

Contact Person

Who will be the person responsible/point of contact for your company? Provide name and contact information to include address and direct phone number. Also include their experience with your company.

Relevant Project Experience

Identify the Network and Equipment & Hardware specifications (see Section 6.4) for your company.

Provide detail information on all installation, training, & maintenance of Contractors equipment.

Contractor shall certify years of experience (minimum 3 years).

PRICE PROPOSAL CONTENT -

Financial Proposal

Provide a turnkey price for supplying the services as specified. Preparation, facilities, administration, staffing, transportation, food preparation and equipment, etc. needed to perform this work will be required.

10.4. Qualifying Proposals

Proposals shall be initially reviewed for compliance with the submission requirements of this procurement. Failure to comply with any of the submission requirements may result in the proposal being classified as not reasonably acceptable for award.

Minor irregularities in proposals that are immaterial or inconsequential in nature may be cured or waived whenever it is determined to be in the best interest of Cecil County Maryland. All reasonable efforts will be made by the Cecil County Maryland to avoid prejudice to any Contractor.

10.5. Mandatory Requirements

All proposals will be initially reviewed for compliance with mandatory requirements. Proposals shall meet all of the mandatory requirements to advance in the procurement process. All information specifically requested is considered to be a mandatory requirement.

10.6. Oral Presentation

Presentation:

As indicated above, discussions and oral presentations may be held. If Oral Presentations are required, the Contractors will be contacted for scheduling of their presentation. The purposes of the discussions and oral presentations are as follows:

• To allow Cecil County Government to meet the Respondents key personnel

• To allow the Respondents to discuss selected aspects of its proposal

• To provide an opportunity to clarify the scope of services for this project

Discussions:

A. Discussions shall be held only to clarify individual RFP submissions. At no time shall any part of a proposal of one Proposer be discussed or identified in any part with a separate Proposer.

B. During discussion, a Proposer may modify its proposal to coincide with any clarification of the proposal. At no time will a proposal be allowed to be withdrawn without approval of the proper

County authorities.

C. If any part of the proposal is changed to strengthen the RFP or its process, written documentation of the change shall be made and all Proposers shall be notified of the change/s and be given the chance to modify their proposal accordingly.

Negotiations:

It is policy to procure from responsible sources at fair prices the goods and services required by Cecil

County, Maryland. During the RFP process, Price Negotiation may be required to resolve uncertainties relating to procurement, including the price prior to the final award of the contract. The objective of

Price Negotiation is the complete agreement of the parties on all basic issues of the RFP.

10.7. Basis of Award

The Contract may be awarded to the selected responsible Contractor whose proposal complies with all the requirements prescribed. In acceptance of the proposal, the County will be guided by consideration of the interests of the public and the County shall be under no obligation to accept the lowest proposal.

Proposals may be rejected if they show any omissions, alterations of form, additions not called for, conditional or alternate proposal, or irregularities of any kind. The County also reserves the right to negotiate further with one (1) or more of the bidders as to any features of their bids and to accept modifications of the work and bid price…