RFQ 2024-057 - REVERSIBLE BLUE-GRAY T-SHIRTS - FINAL.pdf

May 23, 2024

CALVERT COUNTY GOVERNMENT

DEPARTMENT OF PARKS & RECREATION

RFQ 2024-057

REVERSIBLE BLUE-GRAY T-SHIRTS

REQUEST FOR QUOTE

The Board of County Commissioners of Calvert County, Maryland, noted hereinafter as Calvert County Government, is soliciting written quotes from qualified companies (hereinafter, “the Contractor”) for all material, equipment, machinery, apparatus, transportation, and labor necessary to complete the services to be performed to furnish the products described in this Request for Quote (hereinafter, “RFQ”). The Contractor warrants all work performed shall conform to all applicable Federal, State, and local laws and regulations. All products furnished shall be new, unused, and shall be the same as the manufacturer’s current production model unless specified by Calvert County Government.

Quotes shall be submitted on a copy of the Proposal Page(s), signed by a representative authorized to bind the Contractor, along with any required forms or requested information. This documentation shall be received on or before Monday, June 3, 2024 by 2:30 p.m. (Local Prevailing Time) and e-mailed to Savannah Manning at Savannah.Manning@calvertcountymd.gov.

Additionally, one (1) sample t-shirt shall be received on or before Monday, June 3, 2024 by 2:30 p.m.

(Local Prevailing Time) clearly showing your company as the sender. Sample(s) may be shipped UPS, FedEx, or hand delivered to:

Calvert County Government

Procurement Office 129 Main Street Prince Frederick, Maryland 20678

NOTE: The United States Postal Service does not deliver to 129 Main Street, Prince Frederick, Maryland 20678.

Where the sample t-shirts are sent by any method to the Calvert County Government Procurement Office, the Contractor shall be responsible for their delivery before the due date and time. If the delivery is delayed beyond the due date and time, the Contractor’s quote shall not be accepted.

Acceptance of bids by Calvert County Government employees other than employees of the Procurement Office shall not be deemed proper delivery.

The right is hereby reserved to reject any or all proposals, and to waive informalities, as the interest of Calvert County Government may require.

Calvert County Government is tax exempt and all prices quoted shall be exclusive of any Federal or Maryland State Taxes.

Contractors shall be responsible for obtaining all documentation, including, but may not be limited to, the bid document, addenda, and questions and answers for clarification, by going to eMaryland Marketplace Advantage at https://emma.maryland.gov prior to submitting their quote.

Should there be any omissions and/or unclear conditions or specifications, it shall be the responsibility of the Contractor to clarify such items with Calvert County Government before submitting a quote. Requests for information related to this RFQ shall be made in writing and directed to the Procurement Office, Savannah Manning, Procurement Specialist, at Savannah.Manning@calvertcountymd.gov.

The right is hereby reserved to reject any or all bids and to waive informalities as the interest of Calvert County Government may require. Award shall be made to the lowest responsive, responsible Contractor. If the Contractor to whom an award is made shall fail to execute the Contract, and as herein provided, the award may be annulled and the Contract awarded to the second lowest responsive, responsible Contractor and such Contractor shall fulfill every stipulation embraced herein, as if they were the original party to whom the award was made; or Calvert County Government may reject all quotes as its interest may require.

Any deviations from the specifications shall be noted in writing in detail by the Contractor and submitted with their quote. Calvert County Government reserves the right to accept or reject any exceptions.

Any errors in computations shall be corrected when the proposals are canvassed by the Procurement Office.

Contractors should execute the following forms and provide any required documentation and include them as part of their bid. Bids made on any form(s) other than the required form(s) included in this RFQ shall not be considered. Changes in the phraseology of the proposal, additional or limiting provisions, shall render the proposal informal and may cause its rejection. Failure to provide required forms and documentation may be cause for rejection of bid as nonresponsive.

1. Proposal Sheets

2. References

3. Anti-Bribery Affirmation and Affidavit of Qualification to Bid

4. Product Information and Sample

5. Addenda, if Applicable

6. Questions and Answers/Clarification, if Applicable

The results shall be posted on Calvert County Government’s web site at www.co.cal.md.us/Procurement/FY2024.

CONTRACTOR’S LEGAL BUSINESS NAME: __________________________________________________________

AUTHORIZED SIGNATURE: ______________________________________________ DATE: __________________

PRICE PROPOSAL

I/We propose to furnish all labor, material, equipment and supervision necessary to provide and deliver REVERSIBLE BLUE-GRAY T-SHIRTS for Calvert County Government’s Department of Parks & Recreation in accordance with the terms, conditions, and specifications contained in this Request for Quote for the price(s) submitted. Unit price(s) shall include all costs, including but not limited to; product, shipping, handling, and screen-printing.

OPTION #1

STYLE: V-NECK – SHORT SLEEVES

Blue/gray reversible T-shirt 50-50 Polyester/Nylon blend, Numbering back center both sides Logo on left chest both sides

The Contractor shall include manufacturer, product description, and item number for proposed product.

Manufacturer Product Description Item No.

ITEM

# DESCRIPTION UNIT OF

MEASURE UNIT PRICE¹ EST.

QTY TOTAL PRICE

1 Youth – Small Each $ 150 $

2 Youth – Medium Each $ 200 $

3 Youth – Large Each $ 325 $

4 Adult – Small Each $ 250 $

5 Adult – Medium Each $ 100 $

6 Adult – Large Each $ 150 $

7 Adult – X-Large² Each $ 50 $

8 Adult – XX-Large² Each $ 30 $

9 Adult – XXX-Large Each $ 30 $

TOTAL BID BASED ON ESTIMATED QUANTITIES $

¹ Unit price shall include all charges in accordance with specifications.

² Adult X-Large and XX-Large are included with a quantity of one (1) each solely for the basis of bidding in the event these sizes are required.

OPTION #2

STYLE: CREW NECK – SHORT SLEEVES

Blue/gray reversible T-shirt

50-50 Polyester/Nylon blend, Numbering back center both sides

Logo on left chest both sides The Contractor shall include manufacturer, product description, and item number for proposed product.

Manufacturer Product Description Item Number

ITEM

# DESCRIPTION UNIT OF

MEASURE UNIT PRICE¹ EST.

QTY TOTAL PRICE

1 Youth – Small Each $ 150 $

2 Youth – Medium Each $ 200 $

3 Youth – Large Each $ 325 $

4 Adult – Small Each $ 250 $

5 Adult – Medium Each $ 100 $

6 Adult – Large Each $ 150 $

7 Adult – X-Large² Each $ 50 $

8 Adult – XX-Large² Each $ 30 $

9 Adult – XXX-Large Each $ 30 $

TOTAL BID BASED ON ESTIMATED QUANTITIES $

¹ Unit price shall include all charges in accordance with specifications.

² Adult X-Large and XX-Large are included with a quantity of one (1) each solely for the basis of bidding in the event these sizes are required.

SILKSCREEN ¹

ITEM #

DESCRIPTION

TOTAL

One Time Set-Up Fee

Electronic Color Proof

¹ A digital copy of the logo shall be provided to the awarded Contractor. Logo shall be utilized in the graphic and artwork design to be provided by the Contractor. See Attachment B for sample logo.

Verify math calculations. In the event of errors in computation, unit price(s) shall be the determining factor for the total(s).

No Contractor shall withdraw their proposal within 120 calendar days after the opening thereof.

Calvert County Government intends to award this Contract for either Option #1 or Option #2. The Contractor may bid on one or both options. If an option is not bid upon, please indicate “NO BID” for that option.

It is further agreed by the Undersigned that upon receipt of written advice of the acceptance of bid, the necessary contract shall be executed within ten (10) calendar days after such notice.

The undersigned has caused this bid to be executed as of the day and year indicated on each proposal page and hereby agrees to provide aforementioned services necessary for compliance with this specification and agrees to provide these for the bid price indicated in this proposal form. By signing each proposal page, the Bidder does hereby attest that they have fully read the Request for Quote and understand it. By signing here, the firm does hereby attest that it has fully read the instructions, conditions and general provisions and understands them.

The time for performance of this Contract shall begin from the date of the Notice to Proceed or otherwise noted.

By signing and submitting a bid, your firm acknowledges and agrees that it has read and understands the RFQ documents and agrees to the Contract Terms and Conditions as contained herein.

NAME AND SIGNATURE REQUIREMENTS FOR BID AND CONTRACTS

The legal business name and principal office AS RECORDED WITH THE STATE DEPARTMENT OF ASSESSMENTS AND TAXATION OF MARYLAND (SDAT) must be used on all forms within the bid document. A trade name (i.e., a shortened or different name under which the firm does business) shall not be used when the legal name is different. Corporations shall have names complying with State law. The Contractor’s signature must conform to the following:

All signatures shall be made by an authorized officer, partner, manager, member, or employee. The signing of an offer by a contractor is a representation and certification by the person signing that the person signing is authorized to do so on behalf of the offeror or contractor.

CONTRACTOR’S LEGAL BUSINESS NAME

TELEPHONE NUMBER

PRINCIPAL OFFICE ADDRESS

FAX NUMBER

REMITTANCE ADDRESS: (If Remittance Address is Different from Above Address)

EMAIL ADDRESS

NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (TYPE OR PRINT)

SIGNATURE OF ABOVE PERSON DATE

WITNESS DATE

REFERENCES

List three (3) current commercial business references your company provided similar commodities to in the past three (3) years. Calvert County Government reserves the right to request additional information regarding past and current clients for whom the Contractor has provided the commodity requested in this

RFQ.

1. Company: _______________________________________________________________ Address: _______________________________________________________________ Contact Person: _______________________________________________________________ Telephone: _______________________________________________________________ Email: _______________________________________________________________

2. Company: _______________________________________________________________ Address: _______________________________________________________________ Contact Person: _______________________________________________________________ Telephone: _______________________________________________________________ Email: _______________________________________________________________

3. Company: _______________________________________________________________ Address: _______________________________________________________________ Contact Person: _______________________________________________________________ Telephone: _______________________________________________________________ Email: _______________________________________________________________

Specify the number of years your company has been in business providing the commodity required in this RFQ: ____________________ (shall be at least three [3] years)

GENERAL CONDITIONS OF BID AND CONTRACT

DEFINITIONS

Wherever the words defined in this section or pronouns used in their stead, occur in the specifications, proposal, contract or bond, they shall have the meanings herein given and as defined:

BIDDER/OFFEROR/CONTRACTOR shall mean a firm that responds to this RFQ with a bid.

BOARD OF COUNTY COMMISSIONERS OF CALVERT COUNTY, MARYLAND shall mean the governing board of elected officials of Calvert County, Maryland noted hereinafter as Calvert County Government (or the officially authorized official).

CALVERT COUNTY or COUNTY shall mean Calvert County, Maryland.

CONTRACT DOCUMENTS shall mean those written documents that define the roles, and responsibilities, and work under the Contract, and are legally binding on the parties (Calvert County Government and the Contractor). The individual documents constituting the Contract Documents are as outlined herein under Contract Interpretation by the Project Manager.

CONTRACTING OFFICER shall mean the Procurement Office Division Chief or their designated representative entrusted by Calvert County Government with the authority to enter into, administer, renew, or terminate the Contract, along with related determinations and findings.

DIRECTOR shall mean the Director, Department of Parks & Recreation, and shall mean the principal or their duly authorized representatives; said agents acting severally within the scope of the particular duties entrusted to them.

PROJECT MANAGER shall mean that person whom the Director has designated to supervise performance of this Contract on behalf of Calvert County Government within the scope of duties entrusted under such delegation of authority.

Whenever the Contract Documents or upon any drawings the words DIRECTED, REQUIRED, PERMITTED, ORDERED, DESIGNATED, PRESCRIBED, or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation, or prescription of the Project Manager is intended, and similarly the words APPROVED, ACCEPTABLE, SATISFACTORY, or, words of like import, shall mean approved by, acceptable or satisfactory to, the Project Manager, unless otherwise expressly stated.

CONTRACT INTERPRETATION BY THE PROJECT MANAGER

Any inconsistencies or ambiguities in the Contract Documents shall be immediately reported, in writing, to the Project Manager. Questions regarding the meaning and intent of the Contract Documents shall be referred in writing by the Contractor to the Project Manager with a Request for Information. The Project Manager shall respond to the Contractor in writing with a decision within fifteen (15) calendar days of receipt of the request, or if it is necessary to extend this period, the Project Manager shall notify the Contractor in writing as to when a decision will be provided.

Work done by the Contractor after its discovery of such inconsistencies or ambiguities without such notice and prior to response from the Project Manager shall be done at the Contractor’s risk.

In resolving conflict, error, or discrepancies within the Contract Documents, the Contract Documents shall be given precedence in the following order (Change Orders, highest precedence and Notice to Contractors, lowest precedence):

Change Orders Addenda Federal, State, and/or County Requirements General Conditions of Bid and Contract Specifications Price Proposal Contract Notice to Contractors

In the event that conflicts, errors, or discrepancies are not resolved by the Contract Documents’ order of precedence, the more restrictive provision shall govern.

BID FORMS AND AFFIDAVITS

All bids shall be submitted on the forms provided, shall be signed by a principal duly authorized to make contracts, and submitted in a sealed envelope.

The attached Anti-Bribery Affirmation and Affidavit of Qualification to Bid form shall be submitted with bids.

Failure to comply may be cause for rejection of bids.

ALTERNATE BIDS

Alternate bids shall only be considered when they are submitted separately and clearly marked and labeled ALTERNATE BID. The alternate bid shall only be considered if the Contractor’s primary bid is the lowest responsible bid.

BRAND NAME OR EQUAL ITEMS

Unless otherwise provided in the ITB, the name of a certain brand, make or manufacturer does not restrict Contractors to the specific brand, make or manufacturer named; it conveys the general style, type, character and quality of the article desired, and any article which Calvert County Government in its sole discretion determines to be the equal of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted.

FORMAL SOLICITATION

When a formal specification (no substitutes) is included or referred to in the solicitation, no deviation therefrom shall be permitted, and the Contractor shall be required to furnish articles in conformity with that specification.

NEW GOODS, FRESH STOCK

All Contractors, unless otherwise specifically stated, shall provide new commodities, fresh stock, latest model, design, or pack.

DEVIATIONS TO SPECIFICATIONS

Any deviations from the specifications shall be noted in detail by the Contractor in writing by the Contractor and submitted with the price proposal. Calvert County Government reserves the right to accept or reject any deviation.

PROHIBITION AGAINST UNIFORM PRICING

Calvert County Government shall encourage open and competitive bidding by all possible means and shall endeavor to obtain the maximum degree of open competition on all purchase transactions using the competitive sealed bidding, competitive negotiation, or open market transaction methods of procurement. In submitting a bid each Contractor shall, by virtue of submitting a bid, guarantee that the Contractor has not been a party with other bidders to an agreement to bid a fixed or uniform price. Violation of this implied guarantee shall render void the bid of such bidders. Any disclosure to or acquisition by a competitive bidder, in advance of the opening of the bids, of the terms or conditions of the bid submitted by another competitor shall render the entire proceedings void and shall require re-advertising the bids.

AWARD OR REJECTION OF BIDS

Calvert County Government shall award the Contract to the lowest responsive bidder, subject to its right to reject any or all bids Calvert County Government reserves the right to award a Contract by individual items, in the aggregate, or in combination thereof, and to waive any informality in bids received whenever such rejection or waiver is in the best interest of Calvert County Government. Calvert County Government reserves the right to reject all bids and make purchases based on state, county, or municipal contracts that are established by a legal competitive process whenever it is in the best interest of Calvert County Government to do so. Calvert County Government also reserves the right to reject the bid of a Contractor who has previously failed to perform properly or complete on time contracts of a similar nature, or a bid of a Contractor who investigation shows is not in position to perform the Contract.

In determining the “lowest responsive bidder”, in addition to considering price, Calvert County Government shall consider:

1. The ability, capacity, and skill of the bidder to perform the Contract or provide the services required;

2. Whether the bidder can perform the Contract or provide the service promptly, or within the time specified, without delay or interference;

3. The character, integrity, reliability, reputation, judgment, experience, and efficiency of the bidder;

4. The quality of performance of previous contracts or services;

5. The previous and current compliance by the bidder with laws and ordinances relating to the Contract or service;

6. Whether the bidder is in arrears to Calvert County Government on any debt or Contract, is in default on any surety to Calvert County Government, or is delinquent as to any taxes or assessments; and

7. Any other information that may have a bearing on the decision to award the Contract.

INDEMNIFICATION

Nothing contained in the Contract shall be construed to constitute the Contractor an agent of Calvert County Government. The Contractor shall indemnify, keep, and save harmless Calvert County Government, its agents, officials, and employees, against all injuries, death, loss, damage, claims, patent claims, suits, liabilities, judgments, costs, and expenses which may or otherwise accrue against Calvert County Government in consequence of the granting of a Contract or which may or otherwise result therefrom. If it shall be determined that the act was caused through negligence or omission of the Contractor or his officers, directors, agents, or employees, of the subcontractor or his officers, directors, agents or employees, if any, and the Contractor shall, at his own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith, and if any judgement shall be rendered against Calvert County Government in any such action, the Contractor shall at his own expense, satisfy and discharge the same.

Contractor expressly understands and agrees that any performance bond or insurance protection required by this Contract, or otherwise provided by Contractor, shall in no way limit the responsibility to indemnify, keep and save harmless and defend Calvert County Government as herein provided.

NON-DISCRIMINATION IN EMPLOYMENT

During the performance of this Contract, the Contractor agrees as follows:

1. The Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, gender identity, sexual orientation, or disability (physical or mental), except where religion, sex, national origin, gender identity, sexual orientation, or disability (physical or mental), is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause.

2. The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the

Contractor, shall state that such Contractor is an equal opportunity employer. In addition to complying with the provision of Equal Opportunity, the Contractor shall, in good faith, cooperate with Calvert County Government in investigation of Equal Employment Opportunity (EEO) complaints, whether formal or informal.

3. Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.

4. The Contractor shall include the provisions above in every subcontract or purchase order so that the provisions shall be binding upon each subcontractor or vendor.

INSURANCE (SECTION DELETED)

SUBLETTING OF CONTRACT OR ASSIGNMENT OF CONTRACT FUNDS

It is mutually understood and agreed that the Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of their contractual duties to any other person, firm, or corporation, without the previous written consent of Calvert County Government which may be withheld for any reason or no reason at all.

If the Contractor desires to assign their right to payment of the Contract, Contractor shall immediately notify Calvert County Government, in writing, of such assignment of right to payment. In no case shall such assignment of Contract relieve the Contractor from their obligations or change the terms of the Contract.

TERMINATION OF CONTRACT

Calvert County Government may terminate a contract, in whole or in part, whenever Calvert County Government determines that such termination is in the best interest of Calvert County Government, without showing cause, upon giving written notice to the Contractor. The Contractor shall pay Calvert County Government for all materials collected as per the Contract as of termination date. No consideration will be given for anticipated loss of revenue to the Contractor on the cancelled portion of the Contract.

When the Contractor has not performed or has unsatisfactorily performed the Contract, Calvert County Government may terminate the Contract for default. Failure on the part of the Contractor to fulfill the contractual obligations shall be considered just cause for termination of the Contract.

The Contractor shall stay current in their Federal, State, and County taxes throughout the full term of any contract issued. Failure to do shall be grounds for termination of the Contract.

AVAILABILITY OF FUNDS

Multi-year contracts may be continued each fiscal year only after funding appropriations and program approvals have been granted by Calvert County Government. In the event Calvert County Government does not appropriate funds for the continuation of this Contract, then the affected multi-year contract becomes null and void effective July 1 of the fiscal year for which such approvals have been denied.

Calvert County Government reserves the right to immediately terminate a contract in the event funds are no longer available or have been exhausted. If Calvert County Government shall terminate a contract, Calvert County Government shall attempt to give written notice at least thirty (30) calendar days in advance of the effective date. The Contractor shall be paid for all labor and material provided as of termination date. No consideration shall be given for anticipated loss of revenue or profit on the cancelled portion of the Contract.

DELIVERY FAILURES

Failures of a Contractor to provide the products required under this Contract within the time specified, or within reasonable time as interpreted by Calvert County Government shall constitute authority for Calvert County Government to procure the products required under this Contract in the open market. On all such purchases, the Contractor shall reimburse Calvert County Government, within a reasonable time as specified by Calvert County Government, for any expense incurred in excess of Contract prices. Such purchases shall be deducted from Contract quantities.

NON-LIABILITY

The Contractor shall not be liable in damages for delay in shipment or failure to deliver when such delay or failure is the result of fire, flood, strike, the transportation carrier, act of God, act of Government, act of an alien enemy or by any other circumstances which, in Calvert County Government's opinion, is unforeseeable and beyond the control of the Contractor. Under such circumstances, however, the Procurement Office may at their discretion, cancel the Contract.

BREACH OF CONTRACT

1. In the event the Contractor shall fail to comply with any of the terms or conditions of the Contract

Documents the Project Manager shall notify the Contractor of such failure or default and demand that the same be remedied twenty-four (24) hours, weather permitting. In the event of the failure of the Contractor to remedy the same within said period, the Project Manager shall authorize the services to be procured from any available source, with the difference between the actual cost paid and the defaulting Contractor to be deducted from any monies due the defaulting Contractor.

2. In addition to those instances specifically referred to in other sections herein contained, Calvert County

Government shall have the right at its option to terminate the Contract under any one or more of the following:

A. If the Contractor becomes insolvent.

B. If the Contractor makes an assignment for the benefit of creditors pursuant to the statutes in such case made and provided without notification or approval from Calvert County Government.

C. In the event a voluntary or involuntary petition in bankruptcy shall be filed by or against the

Contractor.

D. In the event the Contractor fails to commence work in accordance with the specifications of this RFQ.

E. In the event the Contractor shall abandon the work or any portion of the work to be performed under this contract before completion.

F. If the Contractor shall fail to fully, properly, and in a good and workman-like manner perform any or all of the conditions, covenants, terms or conditions contained within the Contract Documents.

G. If the Contractor shall sublet, assign, convey, or otherwise dispose of his Contract or any portion thereof other than in accordance with the terms set forth within the Contract Documents.

H. If a receiver or receivers or any other person shall be appointed by court order to take charge or custody of the Contractor's property, financial affairs, or business.

I. If Calvert County Government shall be of the opinion that the Contractor is not or has not been performing the Contract in good faith and in accordance with the terms of the specifications.

PAYMENT

Payment shall be made after satisfactory performance of the Contract, in accordance with all of the provisions thereof, and upon receipt of a properly completed invoice. Calvert County Government reserves the right to withhold any or all payments or portions thereof for Contractor’s failure to perform in accordance with the provisions of the Contract or any modifications thereto.

INCURRING COSTS

Calvert County Government shall not be liable for any costs incurred by the Contractor prior to the issuance of the contract.

COMPLETENESS

All information required by this RFQ shall be supplied to constitute a proper bid. Calvert County Government shall not be responsible for the premature opening of bids if not properly addressed or identified.

NOTICE OF POLITICAL CONTRIBUTIONS

The Contractor agrees, in accordance with the current Maryland Code, State Finance and Procurement Article, §17-402, to comply with the political contribution reporting requirements, as amended from time to time, to which the Contractor may be subject.

COOPERATIVE PURCHASES

1. Acceptance of this bid and submission of a proposal is an agreement to extend the same prices, terms, and conditions to other governmental agencies, and public or quasi-public agencies that receive government funds that require these commodities and/or services.

2. All purchase and payment transactions shall be made directly between the Contractor and the requesting entity. Calvert County Government assumes no obligation on behalf of any other public entity.

ARITHMETICAL ERRORS

Any errors in computations shall be corrected when the proposals are canvassed

GENDER NEUTRAL CLAUSE

Wherever used herein, a pronoun in the masculine gender shall be considered as including the feminine gender unless the context clearly indicates otherwise.

SOVEREIGN IMMUNITY

By entering into this Contract, Calvert County Government and its “employees,” as defined in the Local Government Tort Claims Act, §§5-301, et seq. of the Courts and Judicial Proceedings Article, do not waive sovereign immunity, do not waive: any defenses; any limitations of liability as may be provided for by law;

or any provision of the Local Government Tort Claims Act.

THIRD PARTY BENEFICIARY

It is specifically agreed between the parties executing this Contract that it is not intended by any of the provisions of this Contract to create in the public or any member thereof, third party beneficiary status in connection with the performance of the obligations herein without the written consent of Calvert County Government and notwithstanding its concurrence in or approval of the award of any contract or subcontract or the solicitation thereof in fulfilling the obligations of the Contract.

NO INDIVIDUAL LIABILITY

No elected official, appointed official, employee, servant, agent, or law enforcement officer shall be held personally liable under this Contract and any extension or renewals thereof because of its enforcement or attempted enforcement provided they are acting within the course and scope of their employment or governmental duties and responsibilities.

SUFFICIENT APPROPRIATIONS

Calvert County Government's financial obligations, if any, under this Contract are contingent upon sufficient appropriations and authorization being made by Calvert County Government for the performance of this Contract. Calvert County Government's decision as to whether sufficient appropriations are available shall be accepted by the other party or parties to this Contract, and shall be final.

SEVERABILITY

In the event any portion of this Contract is found to be unconstitutional, illegal, null, or void, by a court of competent jurisdiction, it is the intent of Calvert County Government to sever only the invalid portion or provision, and that the remainder of the Contract shall be enforceable and valid, unless deletion of the invalid portion would defeat the clear purpose of the Contract, or unless deletion of the valid portion would produce a result inconsistent with the purpose and intent of Calvert County Government in entering into this Contract.

ENTIRE AGREEMENT

The parties hereto agree that the above writing constitutes the entire Contract between them concerning this matter and that there are no understanding, promises, or arrangements binding either part hereto that have not been written herein. The parties further agree that this Contract can be amended only by written agreement signed by the parties hereto.

CHOICE OF LAW

This Contract shall be governed by the internal laws of Maryland, without giving effect to its choice of law provisions, and any action brought by or between the parties shall vest jurisdiction and venue exclusively in the Courts located in Calvert County, Maryland.

SPECIFICATIONS

1. PURPOSE

Calvert County Government is requesting price quotations from qualified Contractors to provide, silkscreen, and deliver reversible blue-gray t-shirts in accordance with the specifications contained herein.

2. PRODUCT AND SCOPE OF WORK

These specifications are intended to describe new, unused products. Contractor shall provide product information and one (1) sample with their proposal. Sample does not require any artwork.

Failure to include sample may be cause for rejection of proposal. See Attachment A for an example of a t-shirt previously procured.

A. All apparel shall be offered as specified on the price proposal pages.

B. 50/50 polyester/nylon blend t-shirts.

C. Reversible Royal Blue/Gray.

D. Short sleeve.

E. Style:

1) Option 1: V-neck

2) Option 2: Crew neck – no collar

F. Sizes:

1) Youth: small, medium, and large.

2) Adult: small, medium, large, X-large, XX-large, and XXX-large.

G. Silkscreen:

1) Numbering:

a. Six (6)-inch numbering on the back on both sides:

White numbering on the Royal Blue side.

Royal Blue numbering on the Gray or white side.

b. Font is variable; however, prior written approval from Calvert County

Government shall be required.

2) Logo:

a. Calvert County Government shall provide logo to be incorporated into awarded

Contractor’s designed artwork. See Attachment B for sample logo.

b. Placement shall be on the front left breast of each side.

c. Logo image shall be provided to the Contractor in .jpg format.

d. Size shall be three and one half (3.5) inches.

e. Logo shall be silkscreened in two (2) colors (white/black).

f. Proof required before final.

g. Cost of proof and silk screening shall be included in unit prices.

3) Artwork:

Contractor shall provide design artwork and incorporate Calvert County Government provided logo, as seen in Attachment B.

a. Colors: Black and White.

b. Design: Similar to current design with the incorporation of the Calvert County Parks

& Recreation logo.

H. Estimated Annual Quantity The following table represents estimated annual quantity by size and t-shirt number. Calvert County Government reserves the right to add or delete sizes and shirt numbers during the contract period as required.

Size Screen Printed # Qty. Unit of Measure

Youth Small

10 15 EACH

11 – 15 12 EACH

20 – 25 12 EACH

Youth Medium 01 – 05 15 EACH

20 – 25 15 EACH

Youth Large

30 – 35 20 EACH

40 – 45 20 EACH

50 – 52 15 EACH

54 – 55 15 EACH

Adult Small

01 – 05 20 EACH

20 – 22 20 EACH

23 – 25 15 EACH

40 20 ONLY

41 12 ONLY

Adult Medium

10 20 ONLY

11 12 ONLY

12 – 13 15 EACH

14 – 15 12 EACH

Adult Large

3 – 5 20 EACH

40 15 ONLY

41 – 43 12 EACH

50 – 51 15 EACH

Adult X-Large¹ 10 – 15, 20 – 25, 30 – 35 10 EACH Adult XX-Large¹ 40 – 41 10 EACH Adult XXX-Large 1 – 5 5 EACH ¹ Calvert County Government does not anticipate any orders for X-large and XX-large, however, we reserve the right to add these if needed.

3. DELIVERY

A. Inside delivery of product(s) shall be made within thirty (30) business days after receipt of purchase order(s) to:

Calvert County Government Department of Parks & Recreation Mt. Hope Community Center 104 Pushaw Station Road Sunderland, Maryland 20689

B. A loading dock is not on the site.

C. The Contractor shall provide at least a 24-hour notice prior to delivery and shall deliver on

Monday through Friday only between the hours of 8:30 a.m. and 4:00 p.m. except Calvert County Government holidays.

D. Delivery shall be made in accordance with instructions on the Purchase Order. If there is a discrepancy between the purchase order and what is listed in the RFQ, it is the Contractor’s obligation to seek clarification from the ordering agency and, if applicable, from the Procurement Office.

E. Contractor shall notify Calvert County Government in the event of any unforeseen delay in delivery of any order.

4. PRICING

Product unit prices submitted shall include all costs, including but not limited to product, labor, materials, supervision, shipping, handling, offloading, inside delivery, overhead, general administrative expenses and profits, travel, vehicle fuel, mileage, and screen printing. No additional charges shall be accepted by Calvert County Government.

5. BILLING AND PAYMENT

The Contractor shall be issued purchase orders for required products. Payment shall be made after satisfactory completion of the work and submittal of invoice(s) to:

Calvert County Government Department of Parks & Recreation Courthouse, 175 Main Street Prince Frederick, Maryland 20678

A. Each invoice shall include the following information:

Purchase order number;

Product descriptions and quantity;

Delivery date;

Contract price;

Payment terms; and Remit to address.

B. Payment shall be made for acceptance product(s) within thirty-(30) calendar days, more or less, of receipt of invoice.

C. “Satisfactory completion” includes final approval by the Project Manager or a duly authorized representative.

6. NOTICE TO CONTRACTORS

Before submitting a quote, each Contractor shall become fully informed as to the extent and character of the products required. No consideration shall be granted for an alleged misunderstanding of the products to be furnished and delivered, it being understood that the submission of this quote is an agreement with all of the terms and conditions referred to herein.

7. GUARANTEE, INSPECTION, AND CERTIFICATION OF QUALITY

A. The Contractor shall warrant products furnished under this Contract to be of the highest quality, complying with the specifications, and free from all defects.

B. Inspection for visible damage, shortage, sanitation, etc. shall be made by Calvert County Government at the time of delivery, if possible. Calvert County Government reserves the right to reject acceptance at a later date for any nonvisible discrepancy with conditions or specifications contained in the Contract. Discrepancies shall be immediately called to the Contractor’s attention so corrective action can be taken by the Contractor.

C. The Contractor shall be responsible for merchandise rejected for either visible or latent noncompliance. Damaged or inferior merchandise for which the Contractor is responsible shall be replaced, at no cost to Calvert County Government, within seven (7) calendar days of notification by Calvert County Government.

D. If the Contractor fails to promptly provide products or to take the necessary action to ensure performance in conformity with the contract requirements, Calvert County Government may:

(1) by contract or otherwise, procure products from another source and charge to the Contractor any cost incurred by Calvert County Government directly related to the provision of such product, or (2) terminate the Contract for default.

8. PERFORMANCE

All work performed shall be of high quality in accordance with good practices, procedures, and industry standards. The Contractor shall conform to all Federal, State and Local laws and governmental regulations.

9. QUANTITIES

A. During the period of the Contract, the Contractor shall provide products described in this

Contract. The Contractor understands and agrees Calvert County Government shall have no obligation to the Contractor if the quantities listed are not required. Any quantities included in the proposal reflect the current expectation of Calvert County Government during the current fiscal year. The amounts are only an estimate and the Contractor understands and agrees Calvert County Government shall be under no obligation to the Contractor to buy any set amount of the products. The Contractor further understands and agrees that Calvert County Government may require products in an amount less than or in excess of the estimate, and the quantity actually used, whether in excess or less than, shall not give rise to any claim for compensation other than the total of the unit price in the Contract for the quantity actually purchased.

B. Calvert County Government does not guarantee to purchase any minimum quantities.

Minimum ordering requirements shall not be acceptable.

C. For informational purposes only, the following amounts were expended during the past two

(2) fiscal years:

FY2023 (July 1, 2022 through June 30, 2023) = $19,619.25 FY2022 (July 1, 2021 through June 30, 2022) = $12,526.50

10. DISCONTINUED PRODUCT(S)

In the event a product is discontinued during the life of the Contract, the Contractor shall immediately notify Calvert County Government. Another product may be substituted provided Calvert County Government makes a written determination that the substitute product meets or exceeds the discontinued product and is provided at the same unit price or less than the discontinued item.

11. SHIPPING DAMAGE

The products shall be packaged and shipped consistent with good commercial practices. Calvert County Government shall not accept or pay for damaged goods. The Contractor shall file all claims against the carrier(s), if applicable, for damages incurred to products in transit from the point of origin to the ultimate destination.

Calvert County Government shall provide the Contractor with written notice when damaged goods are received.

The Contractor shall file all claims against the carrier(s) for reimbursement of the loss.

12. RIGHT TO WITHHOLD PAYMENTS

In the judgment of Calvert County Government, Calvert County Government may withhold from the Contractor so much of any approved payment due the Contractor as may be necessary to protect Calvert County Government from loss due to inferior service and products not remedied by the Contractor.

13. LIQUIDATED DAMAGES

A. In the event the Contractor shall fail to comply with any of the conditions herein provided and as covered by the Contract, Calvert County Government shall notify the Contractor of such failure or default and demand that the same be remedied within five (5) business days.

B. In the event of the failure of the Contractor to remedy the same within said period, Calvert County Government may authorize the service and product to be procured from any available source, with the difference between the actual cost paid to the available source and the bid price of the defaulting Contractor to be deducted from any monies due the defaulting Contractor or amount shall be paid to Calvert County Government as liquidated damages if no monies are due. Calvert County Government may also charge the defaulting Contractor a cost of $50.00 per day made payable to Calvert County Government or as a deduction to Contractor’s invoice(s).

14. REMEDIES

The Contractor shall not cause a delay of the service or delivery of products but shall maintain a schedule during all disputes or disagreements with Calvert County Government. No delay or postponement shall occur pending resolution of any dispute or disagreements except as the Contractor and Calvert County Government may otherwise agree in writing.

15. CONTRACT PERIOD

A. The term of this Contract shall be for one (1) year from date indicated in the Notice to Proceed, or otherwise indicated by Calvert County Government, with the option of extending the Contract for four (4) additional one (1) year periods under the same terms and conditions.

B. This Contract shall automatically be renewed unless notice of nonrenewal shall be made to the Contractor by Calvert County Government or to Calvert County Government by the Contractor at least ninety (90) calendar days prior to the contract anniversary date which is the date in the Notice to Proceed or otherwise indicated by Calvert County Government.

16. PRICE ADJUSTMENT

A. All prices offered herein shall be firm against any increase for one (1) year from the effective date of this contract. Prior to commencement of subsequent renewal terms, Calvert County Government shall entertain a request for escalation considering Calvert County Government’s budgetary and economic conditions. If those conditions allow, Calvert County Government would use the U.S. Department of Labor Consumer Price Index (CPI) for the Washington Metropolitan Area, based upon a twelve (12) month average over the prior year to help determine the amount of the increase. If the increase is approved, it would become effective the first day of the subsequent renewal and shall not exceed three percent (3%).

B. Written requests for price increases from the Contractor shall be received by the Procurement Office at least ninety (90) calendar days prior to the end of any renewal term. Failure to meet the ninety (90) calendar day request shall result in Calvert County Government denying any price increase.

ATTACHMENT A

PHOTO OF FRONT OF ROYAL BLUE SIDE OF T-SHIRT FROM PREVIOUS CONTRACT

PHOTO OF BACK OF ROYAL BLUE SIDE OF T-SHIRT FROM PREVIOUS CONTRACT

PHOTO OF FRONT OF GRAY SIDE OF T-SHIRT FROM PREVIOUS CONTRACT

PHOTO OF BACK OF GRAY SIDE OF T-SHIRT FROM PREVIOUS CONTRACT

ATTACHMENT B

PHOTO OF SAMPLE CALVERT COUNTY PARKS & RECREATION LOGO

ANTI-BRIBERY AFFIRMATION AND AFFIDAVIT OF QUALIFICATION TO BID

I HEREBY AFFIRM THAT

1. I am the ________________________________________ and the authorized representative of the firm Title of _______________________________________________________________________________________ Name of Corporation whose address is ___________________________________________________________________________ and that I possess the legal authority to make this affidavit on behalf of myself and the firm for which I am acting.

2. Except as described in paragraph 3 below, neither I nor, to the best of my knowledge, the above firm, nor any of its officers, Administrators, or partners, nor any of its employees directly involved in obtaining contracts with the State or any county, bi-county or multi-county agency, or subdivision of the State has been convicted of, or has pleaded nolo contendere to a charge of, or has during the course of an official investigation or other proceeding admitted in writing or under oath acts or omissions which constitute bribery, attempted bribery, or conspiracy to bribe under the provisions of the Annotated Code of Maryland or under the laws of any state or the federal government (conduct prior to July l, 1977 is not required to be reported).

3. State "none" or, as appropriate, list any conviction, plea, or admission described in paragraph 2 above, with the date; court, official, or administrative body; the individuals involved and their position with the firm, and the sentence or disposition, if any.

4. I acknowledge that this affidavit is to be furnished to Calvert County and, where appropriate, to the Board of Public Works and to the Attorney General pursuant to Sections 16-201, et seq., of the State Finance and Procurement Article of the Annotated Code of Maryland. I acknowledge that, if the representations set forth in this affidavit are not true and correct, Calvert County may terminate any contract awarded and take any other appropriate action. I further acknowledge that I am executing this affidavit in compliance with Sections 16-201, et seq., of the State Finance and Procurement Article of the Annotated Code of Maryland, which provide that certain persons who have been convicted of or have admitted to bribery, attempted bribery, or conspiracy to bribe may be disqualified, either by operation of law or after a hearing, from entering into contracts with the State or any of its agencies or subdivisions.

I do solemnly declare and affirm under the penalties of perjury that the contents of this affidavit are true and correct.

SIGNATURE DATE