Costa Mesa City Council
February 17, 2026

CITY OF COSTA MESA
REGULAR CITY COUNCIL AND HOUSING AUTHORITY*
Agenda
City Council Chambers
77 Fair Drive
6:00 PMTuesday, February 17, 2026
*Note: All agency memberships are reflected in the title "Council Member" The City Council meetings are presented in a hybrid format, both in-person at City Hall and as a courtesy virtually via Zoom Webinar. If the Zoom feature is having technical difficulties or experiencing any other critical issues, and unless required by the Brown Act, the meeting will continue in person.

TRANSLATION SERVICES AVAILABLE / SERVICIOS DE TRADUCCIÓN DISPONIBLE Please contact the City Clerk at (714) 754-5225 to request language interpreting services for City meetings. Notification at least 48 hours prior to the meeting will enable the City to make arrangements.

Closed Captioning is available via the Zoom option in English and Spanish.

Los subtítulos están disponibles a través de la opción Zoom en inglés y español.

Favor de comunicarse con la Secretaria Municipal al (714) 754-5225 para solicitar servicios de interpretación de idioma para las juntas de la Ciudad. Se pide notificación por lo mínimo 48 horas de anticipación, esto permite que la Ciudad haga los arreglos necesarios.

Members of the public can view the City Council meetings live on COSTA MESA TV (SPECTRUM CHANNEL 3 AND AT&T U-VERSE CHANNEL 99) or
http://costamesa.granicus.com/player/camera/2?publish_id=10&redirect=true and online at youtube.com/costamesatv.

1 REGULAR CITY COUNCIL AND HOUSING
AUTHORITY*
Agenda February 17, 2026
Members of the public are welcome to speak during the meeting when the Mayor opens the floor for public comment. There is no need to register in advance or complete a comment card. When it's time to comment, line up at one of the two podiums in the room and wait for your turn. Each speaker will have up to 3 minutes (or as directed) to address the City Council.

To maintain a respectful and orderly atmosphere during the meeting, attendees shall refrain from using horns or amplified speakers. Signs and props may be brought into the Chamber, provided they do not exceed 11 inches by 18 inches in size and do not hinder the visibility of other attendees. The possession of poles, sticks, or stakes is strictly prohibited.

All attendees must remain seated while in the chamber until instructed by the Presiding Officer to approach and line up for public comment. To ensure safety and maintain order during the proceedings, standing or congregating in the aisles or foyer is strictly prohibited.

Further information regarding the City's regulations on addressing the City Council and expected conduct during meetings are available at the following links.

Title 2: Administration
§ 2-61: Conduct while addressing the council.
https://ecode360.com/42609578
Title 2: Administration
§ 2-64: Disorderliness by members of the audience.
https://ecode360.com/42609598
As a courtesy, the public may participate via the Zoom option.

Zoom Webinar:

Please click the link below to join the webinar:
https://us06web.zoom.us/j/81714993456?pwd=5Cu4Y067pJ86HZtIUYXbs2ORYah6tu.1 Or sign into Zoom.com and “Join a Meeting”
Enter Webinar ID: 817 1499 3456/ Password: 637346
• If Zoom is not already installed on your computer, click “Download & Run Zoom” on the launch page and press “Run” when prompted by your browser. If Zoom has previously been installed on your computer, please allow a few moments for the application to launch automatically.
• Select “Join Audio via Computer.”
• The virtual conference room will open. If you receive a message reading, “Please wait for the host to start this meeting,” simply remain in the room until the meeting begins.
• During the Public Comment Period, use the “raise hand” feature located in the participants’ window and wait for city staff to announce your name and unmute your line when it is your turn to speak. Comments are limited to 3 minutes, or as otherwise directed.

2 REGULAR CITY COUNCIL AND HOUSING
AUTHORITY*
Agenda February 17, 2026
Participate via telephone:

Call: 1 669 900 6833 Enter Webinar ID: 817 1499 3456/ Password: 637346 During the Public Comment Period, press *9 to add yourself to the queue and wait for city staff to announce your name/phone number and press *6 to unmute your line when it is your turn to speak. Comments are limited to 3 minutes, or as otherwise directed.

Note, if you have installed a zoom update, please restart your computer before participating in the meeting.

Additionally, members of the public who wish to make a written comment on a specific agenda item, may submit a written comment via email to the City Clerk at [email protected].

Any written communications, photos, or other materials for copying and distribution to the City Council that are 10 pages or less, can be e-mailed to [email protected], submitted to the City Clerk’s Office on a flash drive, or mailed to the City Clerk’s Office. Kindly submit materials to the City Clerk AS EARLY AS POSSIBLE, BUT NO LATER THAN 12:00 p.m. on the day of the meeting.

Comments received by 12:00 p.m. on the day of the meeting will be provided to the City Council, made available to the public, and will be part of the meeting record.

Please know that it is important for the City to allow public participation at this meeting. If you are unable to participate in the meeting via the processes set forth above, please contact the City Clerk at (714) 754-5225 or [email protected] and staff will attempt to accommodate you. While the City does not expect there to be any changes to the above process for participating in this meeting, if there is a change, the City will post the information as soon as possible to the City’s website.

Note that records submitted by the public will not be redacted in any way and will be posted online as submitted, including any personal contact information. All pictures, PowerPoints, and videos submitted for display at a public meeting must be previously reviewed by staff to verify appropriateness for general audiences. This includes items submitted for the overhead screen during the meeting. Items submitted for the overhead screen should be 1 page and provided to the City Clerk prior to the start of the meeting. No links to YouTube videos or other streaming services will be accepted, a direct video file will need to be emailed to staff prior to each meeting in order to minimize complications and to play the video without delay. The video must be one of the following formats, .mp4, .mov or .wmv. Only one file may be included per speaker for public comments, for both videos and pictures. Please e-mail to the City Clerk at [email protected] NO LATER THAN 12:00 Noon on the date of the meeting. If you do not receive confirmation from the city prior to the meeting, please call the City Clerks office at 714-754-5225.

3 REGULAR CITY COUNCIL AND HOUSING
AUTHORITY*
Agenda February 17, 2026
Note regarding agenda-related documents provided to a majority of the City Council after distribution of the City Council agenda packet (GC §54957.5): Any related documents provided to a majority of the City Council after distribution of the City Council Agenda Packets will be made available for public inspection. Such documents will be posted on the city’s website and will be available at the City Clerk's office, 77 Fair Drive, Costa Mesa, CA 92626.

All cell phones and other electronic devices are to be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to conduct a phone conversation.

Free Wi-Fi is available in the Council Chambers during the meetings. The network username available is: CM_Council. The password is: cmcouncil1953.

As a LEED Gold Certified City, Costa Mesa is fully committed to environmental sustainability.

A minimum number of hard copies of the agenda will be available in the Council Chambers.

For your convenience, a binder of the entire agenda packet will be at the table in the foyer of the Council Chambers for viewing. Agendas and reports can be viewed on the City website at https://costamesa.legistar.com/Calendar.aspx. Las agendas y los informes se pueden ver en español en el sitio web de la Ciudad en
https://www.costamesaca.gov/trending/current-agendas/spanish-city-council-agendas.

In compliance with the Americans with Disabilities Act, Assistive Listening headphones are available and can be checked out from the City Clerk. If you need special assistance to participate in this meeting, please contact the City Clerk at (714) 754-5225. Notification at least 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28 CFR 35.102.35.104 ADA Title II].

En conformidad con la Ley de Estadounidenses con Discapacidades (ADA), aparatos de asistencia están disponibles y podrán ser prestados notificando a la Secretaria Municipal. Si necesita asistencia especial para participar en esta junta, comuníquese con la oficina de la Secretaria Municipal al (714) 754-5225. Se pide dar notificación a la Ciudad por lo mínimo 48 horas de anticipación para garantizar accesibilidad razonable a la junta. [28 CFR

35.102.35.104 ADA Title II].

4 REGULAR CITY COUNCIL AND HOUSING
AUTHORITY*
Agenda February 17, 2026

REGULAR MEETING OF THE CITY COUNCIL AND HOUSING AUTHORITY FEBRUARY 17, 2026 – 6:00 P.M.

JOHN STEPHENS
Mayor

MANUEL CHAVEZ ANDREA MARR Mayor Pro Tem - District 4 Council Member - District 3

ARLIS REYNOLDS LOREN GAMEROS Council Member - District 5 Council Member - District 2

JEFF PETTIS MIKE BULEY Council Member - District 6 Council Member - District 1

KIMBERLY HALL BARLOW CECILIA GALLARDO-DALY City Attorney City Manager

CALL TO ORDER

NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE

MOMENT OF SOLEMN EXPRESSION
[Per Council Policy 000-12, these presentations are made by community volunteers stating their own views. The City Council disclaims any intent to endorse or sponsor the views of any speaker.]

ROLL CALL

CITY ATTORNEY CLOSED SESSION REPORT
PRESENTATIONS: NONE.

PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA
Comments on Presentations and Consent Calendar items may also be heard at this time. Comments are limited to 3 minutes, or as otherwise directed.

5 REGULAR CITY COUNCIL AND HOUSING
AUTHORITY*
Agenda February 17, 2026

COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS Each council member is limited to 3 minutes. Additional comments will be heard at the end of the meeting.

1. Council Member Reynolds

2. Council Member Pettis

3. Council Member Buley

4. Council Member Gameros

5. Council Member Marr

6. Mayor Pro Tem Chavez

7. Mayor Stephens
REPORT – CITY MANAGER
REPORT – CITY ATTORNEY

CONSENT CALENDAR
All matters listed under the Consent Calendar are considered to be routine and will be acted upon in one motion. There will be no separate discussion of these items unless members of the City Council, staff, or the public request specific items to be discussed and/or removed from the Consent Calendar for discussion.

1. PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL

ORDINANCES AND RESOLUTIONS
26-130
RECOMMENDATION:

City Council and Housing Authority approve the reading by title only and waive further reading of Ordinances and Resolutions.

2. READING FOLDER 26-139
RECOMMENDATION:

City Council receive and file Claims received by the City Clerk and authorize staff to reject any and all Claims: Alissa Aguayo, Fouad Malley, Debra Von Trapp.

6 REGULAR CITY COUNCIL AND HOUSING
AUTHORITY*
Agenda February 17, 2026

3. ADOPTION OF WARRANT RESOLUTION 25-625
RECOMMENDATION:

City Council approve Warrant Resolution No. 2748.

1. Summary Check Registration 1-21-2026

2. Summary Check Registration 1-29-2026

3. Summary Check Registration 2-5-2026
Attachments:

4. MINUTES 26-145
RECOMMENDATION:

City Council approve the minutes of the regular meeting of February 3, 2026.

1. 02-03-2026 Draft MinutesAttachments:

5. AUTHORIZE PURCHASE ORDER WITH BOUND TREE MEDICAL,

LLC FOR THE PURCHASE OF SMALL DOLLAR EMERGENCY
MEDICAL SUPPLIES THAT CUMULATIVELY EXCEED $ 100,000

THROUGH THE EXTENDED TERM OF THE COOPERATIVE

AGREEMENT
26-121
RECOMMENDATION:

Staff recommends the City Council authorize the City Manager to execute a purchase order with Bound Tree Medical within the Fire & Rescue Department’s FY 2025-26 operating budget for various small dollar commodity purchases, which collectively exceed $100,000, under the new cooperative agreement, Charles County, Maryland Medical Supplies Contract 22-42.

1. Charles County Contract and Adoption AgreementAttachments:

AT THIS TIME COUNCIL WILL ADDRESS ANY ITEMS PULLED FROM THE CONSENT

CALENDAR
------------------------------END OF CONSENT CALENDAR------------------------------- PUBLIC HEARINGS: NONE.
(Pursuant to Resolution No. 05-55, Public Hearings begin at 7:00 p.m.)

7 REGULAR CITY COUNCIL AND HOUSING
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Agenda February 17, 2026
OLD BUSINESS:

1. ADOPT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF

COSTA MESA, REQUIRING STAFFING AT SELF-SERVICE

CHECKOUT STATIONS
26-134
RECOMMENDATION:

Staff recommends the City Council Adopt Ordinance No. 2026-XX Adding Article 7 of Chapter II of Title 9 to the Costa Mesa Municipal Code relating to Grocery and Drug Store Staffing Standards for Self-Service Checkout Stations, and direct staff to return to City Council with a report on implementation and outcomes in one year.

1. Redline Costa Mesa Draft Ordinance on Staffing of Self Checkout Stations amended on 2-3-26

2. No redline Costa Mesa Draft Ordinance on Staffing of Self Checkout Stations amended on 2-3-26
Attachments:

NEW BUSINESS:

1. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH
BRACKEN’S KITCHEN FOR KITCHEN OPERATIONS AT THE

BRIDGE SHELTER
26-120
RECOMMENDATION:

Staff recommends the City Council:

1. Approve a Professional Services Agreement (PSA) with Bracken ’s Kitchen for Kitchen Operations at the Costa Mesa Bridge Shelter in an amount not to exceed $492,750 annually for a term of five ( 5) years from April 19, 2025 to April 18, 2030.

2. Authorize the City Manager and the City Clerk to execute the agreement and any future amendments to the agreement.

1. PSA Brackens KitchenAttachments:

2. CITY OF COSTA MESA ’S URBAN CANOPY AND LAND

ASSESSMENT
26-149
RECOMMENDATION:

Staff recommends the City Council review and provide feedback on the City of Costa Mesa’s Urban Canopy and Land Assessment.

1. Costa Mesa Canopy AssessmentAttachments:

8 REGULAR CITY COUNCIL AND HOUSING
AUTHORITY*
Agenda February 17, 2026

3. TRAINING REQUIREMENTS FOR ELECTED AND APPOINTED

OFFICIALS
26-151
RECOMMENDATION:

Receive and File a report on updated Training Requirements for Elected and Appointed Officials.

1. Senate Bill No. 827 - 2025

2. Senate Bill No. 1343 - 2017
Attachments:

ADDITIONAL COUNCIL /BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND

SUGGESTIONS

ADJOURNMENT

9 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 26-130 Meeting Date: 2/17/2026
TITLE:

PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL ORDINANCES AND

RESOLUTIONS
RECOMMENDATION:

City Council and Housing Authority approve the reading by title only and waive further reading of Ordinances and Resolutions.

10 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 26-139 Meeting Date: 2/17/2026
TITLE:

READING FOLDER
DEPARTMENT: City Manager’s Office/City Clerk’s Division RECOMMENDATION:

City Council receive and file Claims received by the City Clerk and authorize staff to reject any and all Claims: Alissa Aguayo, Fouad Malley, Debra Von Trapp.

11 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 25-625 Meeting Date: 2/17/2026
TITLE:

ADOPTION OF WARRANT RESOLUTION
DEPARTMENT: FINANCE DEPARTMENT
PRESENTED BY: CAROL MOLINA, FINANCE DIRECTOR
CONTACT INFORMATION: CAROL MOLINA, FINANCE DIRECTOR AT (714) 754-5243 RECOMMENDATION:

City Council approve Warrant Resolution No. 2748.

BACKGROUND:

In accordance with Section 37202 of the California Government Code, the Director of Finance or their designated representative hereby certify to the accuracy of the following demands and to the availability of funds for payment thereof.

FISCAL REVIEW:

Funding Payroll Register No. 26-02 “A” Off Cycle for -$12,880.73 and 26-03 On Cycle for $4,075,537.65, and City operating expenses for $3,903,203.31.

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94 CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 26-145 Meeting Date: 2/17/2026
TITLE:

MINUTES
DEPARTMENT: City Manager’s Office/City Clerk’s Division RECOMMENDATION:

City Council approve the minutes of the regular meeting of February 3, 2026.

95 Minutes – Regular Meeting February 3, 2026 Page 1 of 11

REGULAR MEETING OF THE CITY COUNCIL AND HOUSING AUTHORITY FEBRUARY 3, 2026 – MINUTES

CALL TO ORDER – The Closed Session meeting was called to order by Mayor Stephens at 4:00 p.m.

ROLL CALL

Present: Council Member Gameros, Council Member Marr , Council Member Pettis, Council Member Reynolds ( Arrived at 4:11 p.m. ), Mayor Pro T em Chavez, and Mayor Stephens.

Absent: Council Member Buley.

PUBLIC COMMENTS

Dennis D’Alessio spoke about reaching a settlement in his case with the City.

CLOSED SESSION ITEMS:

1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATION OF LITIGATION - TWO CASES
Pursuant to California Government Code Section 54956.9 (d)(2), Potential Litigation.

2. CONFERENCE WITH LEGAL COUNSEL – INITIATION OF LITIGATION – ONE CASE
Pursuant to California Government Code Section 54956.9 (d)(4), Potential Litigation.

3. THREAT TO PUBLIC SERVICES OR FACILITIES
Pursuant to California Government Code Section 54957
Consultation with: Chief of Police Joyce LaPointe, Costa Mesa Police Department

City Council recessed at 4:02 p.m. for Closed Session.

Closed Session adjourned at 5:58 p.m.

CALL TO ORDER - The Regular City Council and Housing Authority meeting was called to order by Mayor Stephens at 6:05 p.m.

NATIONAL ANTHEM AND PLEDGE OF ALLEGIANCE – A video was played of the National Anthem and the Mayor led the Pledge of Allegiance.

96 Minutes – Regular Meeting February 3, 2026 Page 2 of 11

MOMENT OF SOLEMN EXPRESSION – Led by Pastor Phil Eyskens, Lighthouse Church.

ROLL CALL

Present: Council Member Gameros, Council Member Pettis, Council Member Marr, Council Member Reynolds, Mayor Pro Tem Chavez, and Mayor Stephens.

Absent: Council Member Buley.

CITY ATTORNEY CLOSED SESSION REPORT – Ms. Hall Barlow report ed that one action was taken on closed session item number 2, initiation of lit igation. The motion was made by Council Member Marr and seconded by Council Member G ameros, on a 6- 0 vote authorized the City Attorney’s Office to initiate litigation on the item.

MOVED/SECOND: Council Member Marr/Council Member Gameros MOTION: Authorize the City Attorney’s Office to initiate litigation on Closed Session item no. 2.

The motion carried by the following roll call vote:

Ayes: Council Member Gameros, Council Member Marr, Council Member Pettis, Council Member Reynolds, Mayor Pro Tem Chavez, and Mayor Stephens.

Nays: None.

Absent: Council Member Buley.

Abstain: None.

Motion carried: 6-0

PRESENTATIONS: NONE.

PUBLIC COMMENTS – MATTERS NOT LISTED ON THE AGENDA

Flo Martin, Costa Mesa, thanked the C ity Council for the “Let’s Go Costa Mesa” ride share program, spoke on SB 720 regarding red light traf fic cameras, and requested the City Council support installation of cameras at the 19
th St. and Newport Blvd. intersection.

Steve Smith, spoke in support of the Harbor Soaring Society staying at Fairview Park.

Dr. Nikan Khatibi , spoke on developing approved affordable housing and partnering with the City.

COUNCIL MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS

Council Member Reynolds spoke in support of the red-light cameras, requested an update on the two potential ballot measures, requested an update on the investments for the bus shelters, requested an update on the urban canopy and tree cover assessment and next steps, and requested an update from the Arts Commission on the Arts and Culture Master Plan.

Council Member Pettis spoke on the importance of maintaining the infrastructure, promoting small business and economic growth, and public safety, and thanked staff for addressing residents concerns.

Council Member Gameros congratulated Interim Fire Chief Pyle, spoke on public safety as a priority, and spoke on traffic safety.

97 Minutes – Regular Meeting February 3, 2026 Page 3 of 11

Council Member Marr inquired on the community garden and the waitlist, spoke on complaints at Wilson Park pertaining to bikes and pedestrians, and spoke on the movement to expand the marine protected area off the coast of Laguna Beach and visiting lagunabluebelt.org for more information.

Mayor Pro Tem Chavez congratulated Interim Fire Chief Pyle, spoke on attending a ribbon cutting ceremony at the Orange County Fair Administration Building and also for Pacific Pearl Café at The MET, and spoke on the peaceful protest at Harbor Blvd and Wilson St.

Mayor Stephens congratulated Interim Fire Chief Pyle, provided an update on attending the Mayors Conference in W ashington DC including the following breakout sessions: influencers, behavioral health, arts assisting with loneliness, noting he would like to begin his own “ sing along with the mayor ” event, spoke on infrastructure and safe streets, the us e of AI, safety at public meetings, crisis leadership, immigration, homelessness, spoke on the Department of Treasury and the requirements for receiving grants, spoke on Martin Luther King telling the story of The Good Samaritan from the Bible, and spoke on adjourning the meeting in honor of Tony Peca.

REPORT – CITY MANAGER – Ms. Gallardo- Daly congratulated Interim Fire Chief Pyle , congratulated the Police Department on new promotions, spoke on the staffing levels at the Police Department, congratulated Paul Martin and Brett Atencio Thomas for a successful bike workshop, and recognized the transportation team for the expansion of Lets Go Costa Mesa ride service.

REPORT – CITY ATTORNEY – Ms. Hall Barlow reported that the case of B ecker v. Costa Mesa has reached an agreement for the case to be dismissed for a waiver of costs.

CONSENT CALENDAR

MOVED/SECOND: Mayor Pro Tem Chavez/Council Member Marr
MOTION: Approve the Consent Calendar.

The motion carried by the following roll call vote:

Ayes: Council Member Gameros, Council Member Marr, Council Member Pettis, Council Member Reynolds, Mayor Pro Tem Chavez, and Mayor Stephens.

Nays: None.

Absent: Council Member Buley.

Abstain: Council Member Gameros recused himself on item 3 the Warrant Resolution due to his wife working for Priceless Pet Recue.

Motion carried: 6-0

1. PROCEDURAL WAIVER: WAIVE THE FULL READING OF ALL ORDINANCES AND

RESOLUTIONS

ACTION:

City Council and Housing Authority approved the reading by title only and waived further reading of Ordinances and Resolutions.

98 Minutes – Regular Meeting February 3, 2026 Page 4 of 11

2. READING FOLDER

ACTION:

City Council received and filed Claims received by the City Clerk and authorized staff to reject any and all Claims: Sophia Bernal, Nicole Hernandez, Gene Micco, Dylan Stone, Fiainu Marrhinoe.

3. ADOPTION OF WARRANT RESOLUTION

ACTION:

City Council approved Warrant Resolution No. 2747.

4. MINUTES

ACTION:

City Council approved the minutes of the regular meeting of January 20, 2026.

5. DESIGNATION OF VOTING DELEGATE FOR THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) 2026 REGIONAL CONFERENCE AND

GENERAL ASSEMBLY

ACTION:

City Council designated Council Member Mike Buley to serve as the delegate for the upcoming 2026 Annual Southern California Association of Governments (SCAG) Regional Conference and General Assembly.

6. DESIGNATION OF CITY NEGOTIATORS FOR THE COSTA MESA POLICE

MANAGEMENT ASSOCIATION (CMPMA), THE COSTA MESA POLICE
ASSOCIATION (CMPA) AND THE COSTA MESA CITY EMPLOYEES’

ASSOCIATION (CMCEA) LABOR NEGOTIATIONS PROCESSES AND

AUTHORIZATION TO PROCEED WITH THE FINANCIAL ANALYSIS OF THE

CURRENT MEMORANDA OF UNDERSTANDING (MOU) PER THE

TRANSPARENCY IN LABOR NEGOTIATIONS COUNCIL POLICY

ACTION:

1. City Council d esignated City Manager Cecilia Gallardo- Daly as the City’s Principal Negotiator, Assistant City Manager Alma Reyes, Human Resources Manager Kasama Lee, and Finance Director Carol Molina as the City’s representatives in negotiations with the CMPMA, CMPA and CMCEA.

2. Designated Liebert Cassidy Whitmore Partner Peter Brown to serve as legal counsel during negotiations with the CMPMA, CMPA and CMCEA.

3. Authorized staff to have the independent fiscal analysis of the current CMPMA, CMPA and CMCEA Memoranda of Understanding (MOU) completed per the requirements of the Transparency in Labor Negotiations Council Policy.

99 Minutes – Regular Meeting February 3, 2026 Page 5 of 11

7. CHANGE ORDER FOR THE EMERGENCY GENERATOR UNITS FOR CITY HALL

AND THE COMMUNICATIONS BUILDING

ACTION:

1. City Council a uthorized the use of Sourcewell’s Cooperative Agreement #092222-CAT with Caterpillar Inc. for a change order of the original purc hase of two (2) diesel emergency generators, two (2) automatic transfer switches, and two (2) double wall day tanks for fuel for City Hall and the Communications Building through Quinn Power Systems. The City Hall transfer switch is being removed from the quote and a manual transfer switch for the Communications Building is being added.

2. Authorized a change order to the original Purchase Order (PO) for an additional $5,818.50 pulled from the project budget for the purchase of one (1) manual transfer switch for the Communications Building. The PO, now for $395,361.69, originally $389,543.19, through Quinn Power Systems, 3500 Shepherd Street, City of Industry, CA 90601, shall encompass the purchase of two (2) diesel emergency generators, one (1) automatic transfer switch, one (1) manual transfer switch, two (2) double wall day tanks for fuel for City H all and the Communications Building through Quinn Power Systems.

8. PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING SERVICES FOR THE CITY’S PAVEMENT MANAGEMENT PLAN UPDATE

ACTION:

1. City Council a pproved Professional Services Agreement (PSA) to Bucknam Infrastructure Group, Inc., 3548 Seagate Way, Suite 230, Oceanside, California, for a term of five (5) years with two (2) one- year extensions for a not to exceed amount of $148,354 to provide annual updates to the City’s Pavement Management Plan (PMP).

2. Authorized the City Manager and the City Clerk to execute the PSA and any future amendments to the agreement.

------------------------------END OF CONSENT CALENDAR-------------------------------

PUBLIC HEARINGS:
(Pursuant to Resolution No. 05-55, Public Hearings begin at 7:00 p.m.)

1. CONTINUATION REQUEST OF AN APPEAL OF THE PLANNING COMMISSION’ S

DECISION TO UPHOLD THE ECONOMIC AND DEVELOPMENT SERVICES DIRECTOR’S DECISION TO DENY A REASONABLE ACCOMMODATION REQUEST

TO DEVIATE FROM CERTAIN REQUIREMENTS OF THE ZONING CODE TO OPERATE A SOBER LIVING HOME. OPERATED BY THE OHIO HOUSE AT 115

EAST WILSON STREET, UNITS A THROUGH E

Public Comments:

Speaker, expressed concern on postponing the item.

100

Minutes – Regular Meeting February 3, 2026 Page 6 of 11

MOVED/SECOND: Mayor Pro Tem Chavez/Council Member Pettis MOTION: Approve staff recommendation.

The motion carried by the following roll call vote:

Ayes: Council Member Gameros, Council Member Marr, Council Member Pettis, Council Member Reynolds, Mayor Pro Tem Chavez, and Mayor Stephens.

Nays: None.

Absent: Council Member Buley.

Abstain: None.

Motion carried: 6-0

ACTION:

City Council open ed the public hearing and continued the item to the April 21, 2026, meeting, pursuant to staff’s request.

OLD BUSINESS:

1. ADOPTION OF AN ORDINANCE AMENDING TITLE 13 OF THE COSTA MESA

MUNICIPAL CODE TO ALLOW FOR MINISTERIAL APPROVAL OF TWO -UNIT SMALL LOT ORDINANCE PROJECTS (PCTY-25-0007)

Presentation by Mr. Yeager, Senior Planner.

Public Comments:

Speaker, requested inclusion of a notification requirement in the ordinance to inform surrounding neighbors.

Jay Humphrey, Costa Mesa, requested inclusion of a notification requirement in the ordinance to inform surrounding neighbors.

MOVED/SECOND: Council Member Marr/Mayor Pro Tem Chavez
MOTION: Approve staff recommendation.

Council Member Pettis spoke in opposition of the item due to the lack of a notification requirement in the ordinance to inform surrounding neighbors.

MOVED/SECOND: Council Member Marr/Mayor Pro Tem Chavez
MOTION: Approve staff recommendation.

The motion carried by the following roll call vote:

Ayes: Council Member Gameros, Council Member Mar r, Council Member Reynolds, Mayor Pro Tem Chavez, and Mayor Stephens.

Nays: Council Member Pettis.

Absent: Council Member Buley.

Abstain: None.

Motion carried: 5-1

101

Minutes – Regular Meeting February 3, 2026 Page 7 of 11

ACTION:

City Council adopt ed Ordinance No. 2026- 01 approvin g revisions to Title 13 of the Costa Mesa Municipal Code (Zoning Code) to allow for ministerial approval of two- unit Small Lot Ordinance (SLO) projects.

City Council recessed into a break at 6:58 p.m.

City Council reconvened at 7:12 p.m.

2. ADOPT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COSTA MESA,

REQUIRING STAFFING AT SELF-SERVICE CHECKOUT STATIONS

Presentation by Mr. Barkman, Government Affairs Manager.

Public Comments:

Speaker, spoke in opposition of the Ordinance.

Ryan Columber, Associate Pastor of Harbor Christian Church, spoke in support of the Ordinance.

Speaker, urged caution on the item and spoke in opposition of the ordinance.

Ryan Allain, Director of Government Affairs, California Retailers Association , spoke in opposition of the ordinance.

Speaker, suggested revisiting the matter after one year to review developments in Long Beach, and emphasized that the draft ordinance does not include all stores.

Tim James, California Grocers Association, spoke in opposition of the ordinance.

MOVED/SECOND: Council Member Reynolds/Mayor Pro Tem Chavez MOTION: Approve staff recommendation with the following changes:
• Extend the period for stores to cure a violation from seven (7) to fifteen (15) days to reduce risk management reactions and avoid punitive measures for minor violations.
• Delay the effective period from thirty (30) days to sixty (60) days after the ado ption of the ordinance.
• Amend the fifteen (15) items or less limit to only require signage that self -checkout is limited to about 15 items.
• Revise the in- store notification requirements for customers to eliminate reference to enforcement options.

The motion carried by the following roll call vote:

Ayes: Council Member Gameros, Council Member Marr, Council Member Pettis, Council Member Reynolds, Mayor Pro Tem Chavez, and Mayor Stephens.

Nays: None.

Absent: Council Member Buley.

Abstain: None.

Motion carried: 6-0
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Minutes – Regular Meeting February 3, 2026 Page 8 of 11

ACTION:

City Council gave first reading to Ordinance No. 2026-02 Adding Article 7 of Chapter II of Title 9 to the Costa Mesa Municipal Code relating to Grocery and Drug Store Staffing Standards for Self-Service Checkout Stations including the following changes:
• Extend the period for stores to cure a violation from seven (7) to fifteen (15) days to reduce risk management reactions and avoid punitive measures for minor violations.
• Delay the effective period from thirty (30) days to sixty (60) days after the ado ption of the ordinance.
• Amend the fifteen (15) items or less limit to only require signage that self -checkout is limited to about 15 items.
• Revise the in- store notification requirements for customers to eliminate reference to enforcement options.

Council Member Marr requested to reorder New Business items 1 and 2.

Mayor Stephens agreed.

NEW BUSINESS:

2. OPERATIONS AGREEMENT FOR LIONS PARK CAFE

Presentation by Mr. Gruner, Parks and Community Services Director.

Public Comments:

Speaker, spoke on maintenance fees.

Speaker, spoke in support of the item.

Robert LaBounty, representing Supervisor Foley’s Office, spoke in support of the item.

Ally Garvin, owner of Neat Coffee, expressed gratitude for being considered as the operator of the Lions Park Café.

MOVED/SECOND: Council Member Marr/Council Member Reynolds MOTION: Approve staff recommendation with the following changes:
• In t he operating agreement exempt Neat Coffee from any special use fees for activating Lions Park.
• The operating agreement shall not restrict Neat Coffee hour s of operations for events that activate Lions Park and are coordinated with City staff.

The motion carried by the following roll call vote:

Ayes: Council Member Gameros, Council Member Marr, Council Member Pettis, Council Member Reynolds, Mayor Pro Tem Chavez, and Mayor Stephens.

Nays: None.

Absent: Council Member Buley.

Abstain: None.

Motion carried: 6-0

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Minutes – Regular Meeting February 3, 2026 Page 9 of 11

ACTION:

1. City Council a warded an operation agreement to Neat Coffee for the Management and Operation of the Lions Park Cafe.
• In the operating agreement exempt Neat Coffee from any special use fees for activating Lions Park.
• The operating agreement shall not restrict Neat Coffe e hours of operations for events that activate Lions Park and are coordinated with City staff.

2. Authorized the City Manager or her designee to negotiate the terms and conditions for the financial share between the City and Neat Coffee.

3. Authorized the City Manager and the City Clerk to execute the operating agreement and future amendments to the agreement within City Council authorized limits.

4. Appropriated net revenues as received by the City that comply with the agreement of 50% net revenue to the OC Public Library for a net neutral impact.

1. CLIMATE ACTION AND ADAPTATION PLAN (CAAP) STATUS AND OUTREACH UPDATE

Public Comments:

Craig Preston, Costa Mesa, spoke on climate change, and i n support of a measurable CAAP.

MOVED/SECOND: Mayor Stephens/Council Member Marr
MOTION: Approve staff recommendation.

The motion carried by the following roll call vote:

Ayes: Council Member Gameros, Council Member Marr, Council Member Pettis, Council Member Reynolds, Mayor Pro Tem Chavez, and Mayor Stephens.

Nays: None.

Absent: Council Member Buley.

Abstain: None.

Motion carried: 6-0

ACTION:

City Council provided feedback on the presentation and filed the report.

3. APPROVAL OF A CODE OF ETHICS AND CONDUCT

Public Comments:

Cynthia Mc Donald, Costa Mesa, spoke in support of a code of ethics , requested to include a nepotism clause, disclosure of outside information in ex parte communications, mandatory reporting of corruption and findings disclosed in a timely matter, and spoke on adopting the code annually at the first meeting of each year.

Jay Humphrey, Costa Mesa, spoke in support of a policy and adding a clause that council members recuse themselves on the item if they have received a contribution during the council members tenure on the City Council.

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Minutes – Regular Meeting February 3, 2026 Page 10 of 11

Craig Preston, Costa Mesa, spoke in support of a policy, spoke in support of an annual review, and in support of transparency.

MOVED/SECOND: Council Member Marr/Council Member Reynolds MOTION: Continue the item to the second meeting in February.

The motion carried by the following roll call vote:

Ayes: Council Member Gameros, Council Member Marr, Council Member Pettis, Council Member Reynolds, Mayor Pro Tem Chavez, and Mayor Stephens.

Nays: None.

Absent: Council Member Buley.

Abstain: None.

Motion carried: 6-0

Mayor Stephens requested to continue the item to the second meeting in March.

Council Member Marr agreed to the change.

MOVED/SECOND: Council Member Marr/Council Member Reynolds MOTION: Continue the item to the second meeting in March.

The motion carried by the following roll call vote:

Ayes: Council Member Gameros, Council Member Marr, Council Member Pettis, Council Member Reynolds, Mayor Pro Tem Chavez, and Mayor Stephens.

Nays: None.

Absent: Council Member Buley.

Abstain: None.

Motion carried: 6-0

ACTION:

City Council continued the item to the March 17, 2026 City Council meeting.

ADDITIONAL COUNCIL/BOARD MEMBER COMMITTEE REPORTS, COMMENTS, AND SUGGESTIONS – NONE.

ADJOURNMENT – Mayor Stephens adjourned the meeting at 9:37 p.m. in honor and memory of Tony Peca.

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Minutes – Regular Meeting February 3, 2026 Page 11 of 11

Minutes adopted on this 17th day of February, 2026.

___________________________
John Stephens, Mayor

ATTEST:

___________________________
Brenda Green, City Clerk

106

CITY OF COSTA MESA
Agenda Report
77 Fair Drive
Costa Mesa, CA 92626
File #: 26-121 Meeting Date: 2/17/2026
TITLE:

AUTHORIZE PURCHASE ORDER WITH BOUND TREE MEDICAL, LLC FOR THE PURCHASE

OF SMALL DOLLAR EMERGENCY MEDICAL SUPPLIES THAT CUMULATIVELY EXCEED $100,000 THROUGH THE EXTENDED TERM OF THE COOPERATIVE AGREEMENT DEPARTMENT: FIRE & RESCUE DEPARTMENT
PRESENTED BY: JASON PYLE, INTERIM FIRE CHIEF
CONTACT INFORMATION: JASON PYLE, INTERIM FIRE CHIEF (714) 754-5155 RECOMMENDATION:

Staff recommends the City Council authorize the City Manager to execute a purchase order with Bound Tree Medical within the Fire & Rescue Department’sFY 2025-26 operating budget for various small dollar commodity purchases, which collectively exceed $100,000, under the new cooperative agreement, Charles County, Maryland Medical Supplies Contract 22-42.

BACKGROUND:

The Fire and Rescue Department (CMFR) has utilized Bound Tree Medical for the purchase of emergency medical supplies for numerous years. The emergency medical supplies are specific to the lifesaving services the Fire & Rescue Department provides. Individually, these purchases are compliant with the City’s Purchasing Policy, however, the cumulative amount will exceed $100,000.

The department has utilized the County of Fairfax Virginia COOP agreement for the last few years, contract number 4400005125. This contract was not renewed and expired December 2025. A new COOP agreement has been identified, Charles County, Maryland Medical Supplies Contract 22-42 (Attachment 1).

ANALYSIS:

The Bound Tree Medical cooperative agreement is used to purchase CMFR emergency medical supplies and first-aid supplies. The contract includes cooperative language that, pursuant to Section 2-165 of the Costa Mesa Municipal Code, allows the City to purchase goods, supplies and services through cooperative agreements to receive competitive pricing.

Staff is requesting authorization for the City Manager to execute a purchase order with Bound Tree Medical under the new cooperative agreement effective immediately through the extended term of the cooperative agreement due to the recent expiration of County of Fairfax Virginia COOP number 4400005125, and to ensure reliability and continuity in services and supplies provided by Bound Tree Medical, who has been the primary supplier of emergency medical supplies. The new Charles County, Maryland Medical Supplies Contract 22-42 currently runs through June 30, 2026 with three

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File #: 26-121 Meeting Date: 2/17/2026
County, Maryland Medical Supplies Contract 22-42 currently runs through June 30, 2026 with three (3) additional one-year renewals that can be exercised through June 30, 2029.

ALTERNATIVES:

The City Council could choose not to approve staff’s recommendations; however, staff does not recommend this alternative. Choosing this course of action would result in delays in the procurement of required emergency supplies and operations. Additionally, returning to City Council for incremental approvals to exceed $100,000 threshold with the identified vendor would require additional staff time and increased workload, creating inefficiencies in the process.

FISCAL REVIEW:

Funding for the purchase of emergency medical supplies is available in the Fire & Rescue Department’s FY 2025-26 operating budget in the General Fund (Fund 101).

LEGAL REVIEW:

The City Attorney’s office has reviewed this report and the Charles County, Maryland Medical Supplies Contract 22-42 cooperative agreement, and approves them both as to form.

CITY COUNCIL GOALS AND PRIORITIES:

This action supports City Council goal:
· Strengthen the public’s safety and improve the quality of life.

CONCLUSION:

Staff recommends the City Council authorize the City Manager to execute a purchase order, and future purchase orders, with Bound Tree Medical within the Fire & Rescue Department’soperating budget for various small dollar commodity purchases, which collectively exceed $100,000, under the new cooperative agreement, Charles County, Maryland Medical Supplies Contract 22-42 (Attachment 1).

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800.533.0523 | www.boundtree.com
Charles County RFP 22-32 Medical Supplies Contract
Table of Contents
Adoption Agreement .................................................................................................................................................... pg. 2 Fully Executed Agreement...................................................................................................................... pg. 3-15 Renewal 1 of 6 - June 1, 2023 ......................................................................................................... pg. 16-18 Renewal 2 of 6 – April 10, 2024 .................................................................................................... pg. 19-21 Renewal 3 of 6 – May 8, 2025 ........................................................................................................ pg. 22-25 Contract Amendment 1 – October 29, 2025 .................................................................................. pg. 26-29 RFP 22-42 Bid Advertisement – March 25, 2022 ....................................................................................... pg. 30 RFP 22-42 Bid Solicitation – March 17, 2022 ........................................................................................ pg. 31-55 RFP 22-42 Amendment #1- March 31, 2022 ................................................................................................. pg. 56 RFQ 22-42 Revised Forms – 220331 – March 31, 2022 ................................................................... pg. 57-73 RFP 22-42 Questions and Responses #1 – March 31, 2022 ........................................................... pg. 74-75 RFP 22-42 Bound Tree Medical Response – April 22, 2022 ....................................................... pg. 76-153 RFP 22-42 Notice of Intent to Award - June 13, 2022....................................................................... pg. 154-156 ATTACHMENT 1
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Adoption Agreement
“Customer” “Company”
Name: __________________________________ Bound Tree Medical, LLC Address: ________________________________ 5000 Bradenton Ave. ________________________________________ Dublin, Ohio 43017-3520 Attention: ______________________________ Attention: President Telephone: _________________________________
E-ma
il: _________________________________
This Adoption Agreement is made this ____ day of _______________, 2025 (the “Effective Date”) by and between Customer and Company. By entering into this Adoption Agreement, Customer hereby agrees to comply with the Charles County, Maryland Medical Supplies Contract, between Charles County, Maryland and Bound Tree Medical, LLC (“Charles County Medical Supplies Agreement”), bid number RFP 22- 42, which has an effective date of July 1, 202 5 and an expiration date of June 30, 2026 with three (3) additional one-year (1) renewals at the sole option of Charles County. Customers agree to comply with all terms and conditions of the Charle s County Medical Supplies Agreement.

Customer shall be responsible for issuing its own purchase orders made pursuant to the Charles County Medical Supplies Agreem ent and shall pay all invoices within thirty (30) days of receipt. Customer warrants it will not request or accept lower -priced quotes from Company on any products otherwise available under the Charles County Medical Supplies Agreement.

Products sold by Company carry only those warranties provided by their manufacturers. This warranty shall apply to both products and equipment, if any, purchased pursuant to the Charles County Medical Supplies Agreement. THERE ARE NO OTHER EXPRESSED

OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY’S SOLE OBLIGATION AND CUSTOMER’S EXCLUSIVE REMEDY FOR BREACH OF ANY WARRANTY SHALL BE, AT COMPANY’S OPTION, TO REPAIR OR REPLACE THE PRODUCT, OR TO ISSUE A REFUND OR CREDIT.

Company and Customer may terminate this Adoption Agreement upon thirty (30) days’ notice to the non-terminating party. If Customer breaches any terms and conditions of this Adoption Agreement and/or the Charles County Medical Supplies Agreement, Company may, at its sole discretion, immediately terminate this Adoption Agreement.

This Adoption Agreement shall continue for the duration of the Charles County Medical Supplies Agreement. If the Charles County Medical Supplies Agreement is terminated prior to the end of its term, this Adoption Agreement will terminate upon thirty (30 ) days’ written notice to Customer. Any changes or modifications to the original language contained herein must be agreed upon in writing by the Company before this Adoption Agreement takes effect.

IN WI
TNESS WHEREOF, the Customer hereto caused this Adoption Agreement to be executed on its behalf by its duly authorized representative as set forth below.

Cus
tomer:

By: __________________________________________
Name: __________________________________________
Title: ____________________________________________
Date: ____________________________________________
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July 12, 2022
Steve Gruenwald, Account Manager “SENT VIA EMAIL”
Bound Tree Medical, LLC.
5000 Tuttle Crossing Blvd.

Dublin, OH 43016
Email: [email protected]; [email protected]; [email protected] Re: RFP 22-42, Medical Supplies
Delivery of Fully Executed Contract
Dear Mr. Gruenwald:

Enclosed, please find one (1) copy of the fully executed Contract for the above referenced project. All future correspondence and your point of contact for this project is Ms. Lori Cherry, Assistant Chief of EMS with the Department of Emergency Services or her designee.

All future coordination and authorizations required for implementing this project will come from h er. Please direct all correspondence, questions, requests for payments, etc. to her. Her telephone number is 240-776-6662, and her e-mail is [email protected].

The Commissioners wish to thank you for your proposal and look forward to working with you on this very important County project. Please contact me at [email protected] or 301-645-0659 if you have any questions.

Sincerely,
Yaffa Seiden
Yaffa Seiden
Assistant Chief of Purchasing
YS:mb
cc: Michelle Lilly, Director, Department of Emergency Services Lori Cherry, Assistant Chief of EMS & Special Operations Division 111
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CHARLESCOUNTYGOVERNMENT
Department
of
Fiscal
&
Administrative
ServicesPhone
Fax301-645-0505
JeniferEllinEmailDFSO,arIesCountyMDv
Director
SteveGruenwald,AccountManager“SENTVIAEMAIL”
BoundTreeMedical,LLC.
5000TuttleCrossingBlvd.

Dublin,OH43016
Email:[email protected];christopher.fvffe(Wboundtree.com:steven.grunewaldboundtree.com Re:RFP22-42,MedicalSupplies
ContractRenewal
DearMr.Gruenwald:

ThisnoticeistoinformyouthatyourcontracttoprovideMedicalSuppliesforCharlesCountyGovernmentisbeing renewed.Therenewalwillextendthetermforone(1)yearresultinginanewtermofiuly1,2023throughJune30,2024.

Thisisthe1”ofsix(6)additionalone-yearrenewals,whichmaybegrantedatthesoleoptionoftheCounty,inaccordance withtheRFP.

PleasekeepavalidCertificateofInsuranceonfilewithPurchasinginaccordancewiththesubjectRFPduringthe performanceperiodofthisrenewal.CertificatesmustnameTheCountyCommissionersofCharlesCountyasanadditional namedinsured,referencethesolicitationnameandnumber,andhaveonendinQdotethatcoverstheentirecontractterm orextensionperiod.

PleasesignonecopyandreturntothisofficebyemailtoPurRecep@CharlesCountyMD.govandkeeponecopyforyour files.Ifyouarenotauthorizedtosignonbehalfofyourorganizationpleaseforwardtotheindividualthatisauthorized tosign.

TheCountyappreciatestheserviceyouhaveprovidedduringthecourseofthisContractandlooksforwardtoa continuedamicablerelationship,Feelfreetocontactme [email protected] questions.

Sincerely,
ShannaReese
ChiefofPurchasing
June1,2023
200BaltimoreStreetILaPlata,Maryland20646
MarylandRelay:7-1-1(TDD:1-800-735-2256)
EqualOpportunityEmployer
www.CharlesCountyMD,gov
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RFP2242,MedicalSupplies
Page2
June1,2023
BysigningthiscontractrenewalnoticeBoundTreeMedical,LLC.acknowledgesrenewalofthiscontractforatermofone (1)yearinaccordancewithallterms,conditions,andspecificationsoftheRIR By(Signature)
__________
7/C/w23
Acknowledges:date
PrintedName/Title
3-’s?tz./cPo
SR:mb
cc:MichelleLilly,Director,DepartmentofEmergencyServices LoriCherry,AssistantChiefofEMS&SpecialOperationsDivision 125
22-42
Bound
Tree-
Draft
Renewal
FinalAuditReport2023-06-01
Created:2023-06-01(EasternDaylightTime)
By:MaryBethScoff([email protected])
Status:Signed
TransactionID:CBJCHBCMBAAID9ZtMRF-c3Nfr4xoBGSDVIaEPOs9TZ “22-42
Bound
Tree-
Draft
Renewal”
History
DocumentcreatedbyMaryBethScott(scottmbcharlescountymd.gov) 2023-06-01-10:14:33AMEDT-Paddress:167102.160.10
?*DocumentemailedtoShannaReese(reeseschar1escountymd.gov)forsignature 2023-06-01-10:15:03AMEDT
tEmailviewedbyShannaReese([email protected])
2023-06-01-11:07:03MAEDT-Paddress:104.47.64.254
iiDocumente-signedbyShannaReese(reeseschadescountymd.gov) SignatureDate:2023-06-01-11:07:24AMEDT-TimeSource:server-Paddress:167.102.160.10 0Agreementcompleted.
2023-06-01-11:07:24AMEDT
Adobe
Acrobat
Sign
126
April 10, 2024
Steve Gruenwald, Account Manager
Bound Tree Medical, LLC.
5000 Tuttle Crossing Blvd.

Dublin, OH 43016
Email: [email protected]; [email protected]; [email protected] Re: RFP 22-42, Medical Supplies
Contract Renewal
Dear Mr. Gruenwald:

This notice is to inform you that your contract to provide Medical Supplies for Charles County Government is being renewed. The renewal will extend the term for one (1) year resulting in a new term of July 1, 2024 through June 30, 2025.

This is the 2nd of six (6) additional one-year renewals, which may be granted at the sole option of the County, in accordance with the RFP.

Please keep a valid Certificate of Insurance on file with Purchasing in accordance with the subject RFP during the performance period of this renewal. Certificates must name The County Commissioners of Charles County as an additional named insured, reference the solicitation name and number, and have an ending date that covers the entire contract term or extension period.

Please sign one copy and return to this office by email to [email protected] and keep one copy for your files. If you are not authorized to sign on behalf of your organization please forward to the individual that is authorized to sign.

The County appreciates the service you have provided during the course of this Contract and looks forward to a continued amicable relationship. Feel free to contact me at [email protected] should you have any questions.
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May 8, 2025
Steve Gruenwald, Account Manager “SENT VIA EMAIL”
Bound Tree Medical, LLC.
5000 Tuttle Crossing Blvd.

Dublin, OH 43016
Email: [email protected]; [email protected]; [email protected] Re: RFP 22-42, Medical Supplies
Contract Renewal
Dear Mr. Gruenwald:

This notice is to inform you that your contract to provide Medical Supplies for Charles County Government is being renewed. The renewal will extend the term for one (1) year resulting in a new term of July 1, 2025 through June 30, 2026.

This is the 3rd of six (6) additional one-year renewals, which may be granted at the sole option of the County, in accordance with the RFP.

Please return with the signed renewal a valid Certificate of Insurance in accordance with the subject RFP during the performance period of this renewal. Certificates must name The County Commissioners of Charles County as an additional named insured, reference the solicitation name and number, and have an ending date that covers the entire contract term or extension period. Purchasing cannot accept and process your firm’s renewal until a current COI is provided. Failure to provide and continue in force such insurance may be considered default of the contract terms and the County may cease utilizing services with your firm until corrected or other actions as defined in the Contract.

Please sign one copy and return to this office by email to [email protected] and keep one copy for your files. If you are not authorized to sign on behalf of your organization please forward to the individual that is authorized to sign.

The County appreciates the service you have provided during the course of this Contract and looks forward to a continued amicable relationship. Feel free to contact me at [email protected] should you have any questions.

Sincerely,
Shanna Reese
Chief of Purchasing
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RFP 22-42, Medical Supplies – Contract Renewal – Bound Tree

May 8, 2025

By signing this contract renewal notice Bound Tree Medical, LLC. acknowledges renewal of this contract for a term of one (1) year in accordance with all terms, conditions, and specifications of the RFP .

By (Signature)

______________________________________________ _______________________________________ Acknowledges: Date

Printed Name/Title

______________________________________________

SR:mb

cc: Michelle Lilly, Director, Department of Emergency Services Lori Cherry, Assistant Chief of EMS & Special Operations Division

Corey Case (Jun 20, 2025 11:29 EDT)
Corey Case
Jun 20, 2025
Corey Case / Chief Marketing Officer
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Adobe Acrobat Sign
De
132
22-42 Bound Tree - Renewal to Vendor -
250508
Final Audit Report 2025-06-20
Created: 2025-06-20
By: Dwight Lowry ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAkhIPR0WJXEhGAVhbhzi7xwFE4QCmYJv_ "22-42 Bound Tree - Renewal to Vendor - 250508" History Document created by Dwight Lowry ([email protected]) 2025-06-20 - 2:59:16 PM GMT
Document emailed to [email protected] for signature 2025-06-20 - 3:00:52 PM GMT
Email viewed by [email protected]
2025-06-20 - 3:28:55 PM GMT
Signer [email protected] entered name at signing as Corey Case 2025-06-20 - 3:29:40 PM GMT
Document e-signed by Corey Case ([email protected]) Signature Date: 2025-06-20 - 3:29:42 PM GMT - Time Source: server Agreement completed.
2025-06-20 - 3:29:42 PM GMT
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Amendment to Contract RFP No. 22 -42 Medical Supplies
This Amendment (“Amendment”) is made and entered into by and between Charles County, Maryland (“County”) and Bound Tree Medical, LLC (“Contractor”) and is intended to modify the existing agreement under RFP No. 22-42 Medical Supplies (“Contract”).

WHEREAS, the County and Contractor entered into a Contract for the provision of medical supplies pursuant to RFP No. 22-42; and
WHEREAS, the parties desire to amend the Contract to incorporate certain modifications to better reflect updated procurement and operational needs; NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties agree to amend the Contract as follows:

1. Contract Modifications
Pricing Structure: Updated pricing schedule to reflect revised unit costs. See attached Exhibit A.

Federal Grant Compliance: Contractor shall comply with all applicable federal grant requirements, including but not limited to:
• 2 CFR Part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.
• Nondiscrimination – Compliance with Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, and the Age Discrimination Act of 1975. • Recycled Products – Preference for products containing recycled materials as required under EPA guidelines.
• Clean Air Act and Federal Water Pollution Control Act – Adherence to applicable standards and reporting requirements.
• Debarment and Suspension – Certification that the Contractor is not presently debarred, suspended, or otherwise excluded from participation in federal programs. • Byrd Anti -Lobbying Amendment – Certification regarding lobbying activities in connection with federal funds.
• T elecommunications Restrictions – Compliance with Section 889 of the National Defense Authorization Act (NDAA), prohibiting use of covered telecommunications equipment or services (e.g., Huawei, ZTE).
• Whistleblower Protections – Adherence to protections for employees reporting fraud, waste, or abuse under federal awards.
• Domestic Preference – Preference for procurement of U.S.-made goods and products as outlined in 2 CFR § 200.322.
134
135
Item No. Current Discount Updated Discount
B1 3M HEALTHCARE 30% 42%
B2 ABBOTT 30% 60%
B3 ADI MEDICAL 30% 40%
B4 ALLIED HEALTHCARE 30% 42%
B5 AMBU 30% 30%
B6 AMERICAN DIAGNOSTIC CORP. 30% 53%
B7 ANSELL 30% 35%
B8 B. BRAUN MEDICAL 30% 30%
B9 BAXTER 30% 30%
B10 BECTON DICKINSON 30% 30%
B11 BRIGGS HEALTHCARE 30% No Longer Carried
B12 CARDIAC SCIENCE 30% 30%
B13 CARDINAL HEALTH 30% 44%
B14 CARE FUSION 30% No Longer Carried
B15 COMBAT MEDICAL 30% No Longer Carried
B16 CONMED 30% 47%
B17 CONTERRA 30% 37%
B18 CURAPLEX(INCL. EVALUE MED AND TRI-ANIM HEATH SERVICES) 30% 46% B19 DUKAL CORP. 30% 44%
B20 DYNAREX CORP. 30% 47%
B21 ECOLAB 30% 40%
B22 H&H ASSOCIATES 30% Updated to Safeguard Medical
B23 HARTWELL 30% 35%
B24 HAWKPACKS 30% 30%
B25 HEALTHMARK 30% 30%
B26 HONEYWELL 30% 30%
B27 INTERSURGICAL INC. 30% 32%
B28 JTPOSEY 30% Updated to TIDI
B29 LAERDAL 10% 11%
B30 LIGHTNING STORM n/a n/a
B31 MASIMO 30% 30%
B32 MEDICAL DEVICE INTERNATIONAL 30% 45%
B33 MEDLINE INDUSTRIES 30% 47%
B34 MEDSOURCE INT. 30% 37%
B35 MEDTRONIC (INCL. COVIDIEN, KENDALL, AND NELLCOR) 30% 37% B36 MERET OXYGEN PRODUCTS 30% 30%
B37 METREX 30% 30%
B38 MORRISON MEDICAL 30% 50%
B39 MYLAN 30% No Longer Carried
B40 NASCO INTERNATIONAL 30% 30%
B41 NEOTECH 30% 42%
B42 NORTH AMERICAN RESCUE 30% 37%
B43 OWENS AND MINOR 30% 30%
B44 PARENT PRODUCTION 30% 46%
B45 PELICAN PRODUCTS 30% 44%
B46 PERSYS 30% Updated to Safeguard Medical
B47 PHARMACEUTICALS 15% 15%
B48 PHILIPS 30% 35%
B49 PHILLIPS 30% 35%
B50 PROPAK 30% 32%
B51 PULMODYNE 30% 30%
B52 SAFETEC 30% 30%
B53 SIMULAIDS 10% 10%
B54 SMITH MEDICAL 30% Updated to ICU Medical
B55 SSCOR 10% 18%
B56 STAT PACKS 30% 30%
Exhibit A Catalog Discount Offering
136
Item No. Current Discount Updated Discount
Exhibit A Catalog Discount Offering
B57 STRYKER 30% 30%
B58 SUN MED 30% Updated to Airlife
B59 TELEFLEX (INCL. PYNG, RUSCH, TORY, AND WOLF) 30% 45% B60 UCAP IT (SOFTWARE EXCLUDED) 10% 10%
B61 WELCH ALLYN 30% 42%
B62 WESTMED 30% Updated to Airlife
Additions AIRLIFE 37%
Additions ARKRAY 28%
Additions EMS INNOVATIONS 25%
Additions FERNO WASHINGTON 10%
Additions ICU MEDICAL 30%
Additions INNOVATIVE HEALTHCARE 30%
Additions IRON DUCK INC. 15%
Additions MASTER MEDICAL EQUIPMENT 15%
Additions MERCURY MEDICAL 15%
Additions NONIN 22%
Additions SAFEGUARD MEDICAL 30%
Additions SAFETY INTERNATIONAL 30%
Additions SAM MEDICAL 30%
Additions TAYLOR HEALTHCARE PRODUCTS 15%
Additions TIDI PRODUCTS, LLC 30%
Additions UE MEDICAL DEVICES INC. 15%
Additions ZOLL 15%
Additions MANUFACTURERS NOT LISTED 25%
Exclusions:

INVENTORY MANAGEMENT SOFTWARE & PARTS

SERVICE CONTRACTS

PREVENTATIVE MAINTENANCE

NARCOTICS CABINETS, PARTS,ACCE

EQUIPMENT SERVICE REPAIR PARTS

EQUIPMENT RENTALS

CONSULTING SERVICES
137

CHARLES COUNTY GOVERNMENT
Department of Fiscal & Administrative Services
Purchasing Division
Phone: 301-645-0656

NOTICE TO OFFERORS
REQUEST FOR PROPOSALS NO. 22-42

MEDICAL SUPPLIES
The County Commissioners of Charles County are hereby requesting sealed proposals from qualified contractors to provide medical supplies on an on -call as needed basis. Solicitation documents may be obtained on the County Bid Board located at www.CharlesCountyMD.gov.

Click on “Business”, and then “Online Bid Board”.

This solicitation is subject to the Small Local Business Enterprise Program (SLBE), in which registered Charles County SLBE firms responding to this solicitation may receive a preference in accordance with the provisions of the Program. Minority Business Enterprises are encouraged to respond to this solicitation.

The County Commissioners reserve the right to reject any or all proposals and to waive any informality in the proposals received when such waiver is in the best interest of Charles County.

Charles County Government is an Equal Opportunity Employer.

Shanna Reese
Chief of Purchasing
Publish one (1) time Issue of March 25, 2022
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CHARLES COUNTY GOVERNMENT (CCG) – PURCHASING DIVISION

REQUEST FOR PROPOSALS (RFP) SUMMARY SHEET
RFP Number: 22-42 RFP Title: Medical Supplies
Description of Work: The County Commissioners of Charles County are hereby requesting sealed proposals from qualified firms to provide medical supplies on an as-needed basis.

Date of Issuance: 03/17/2022
Proposal Delivery Address: Sole Point of Contact /Purchasing Representative Information:

Charles County Government, Purchasing Division
Attn: Yaffa Seiden, Assistant Chief of Purchasing
200 Baltimore Street, Room #B130
La Plata, MD 20646
Name & Title: Yaffa Seiden, Assistant Chief of Purchasing Email: [email protected]
Solicitation Events
Pre-Proposal Meeting: Not Applicable Optional Mandatory Refer to Part A, Section 1.5.1 Registration: 03/29/2022 before 12:00 p.m. Eastern Time (ET) Date & Time: 03/30/2022 @ 10:00 a.m. ET
Location: Virtual
Last Day for Questions: 04/07/2022 before 8:00 a.m. ET Refer to Part A, Section 1.5.2 Proposal Due Date: 04/22/2022 before 11:00 a.m. ET Refer to Part A, Section 1.5.3 Technical Proposal Submission Package ~ Do Not Include Any Cost Information Technical Proposal Item Descriptions: Refer to Part A, Section 1.3 Complete Quantities: Four (4) unbound copies & One redacted copy, if redaction requested Technical Proposal Package:

Tab 1 – Project Understanding
Tab 2 – Organizational Structure
Tab 3 – Company Profile
Tab 4 – Ordering/Software
Tab 5 – Disaster Recovery Plan
Tab 6 – Assumptions & Expectations
Tab 7 – Existing Users
Tab 8 – Additional Items
Original Proposal Submission Package
Original Proposal Item Descriptions: Refer to Part A, Section 1.4 Complete Quantities: One unbound original, & One unbound copy, & One redacted copy, if redaction requested Original Proposal Package:

Cost Proposal Form
Reference Form - 5
Addendum Certification Form
Non-Collusion Affidavit
MBE Utilization Affidavit Form
Proposed Sub-Contractors Form
SLBE Certification Form (if applicable)
Official Letter of SLBE Intent (if applicable)
Licenses and Certifications
Bid Bond
Provision Requirements
Insurance: Refer to Part C Evaluation Details: Refer to Part A, Section 2.0 General Provisions: Refer to Part A, Section 4.0
Contract Term:

Refer to Part A, Section 3.2
Beginning the day, the contract is executed by the County through June 30, 202 3, with six (6) one- year optional renewals at the sole option of the County.

Price Adjustment: Yes, Refer to Part A, Section 3.3 Not Applicable CCG MBE/SLBE Contact: Economic Development Department at (301) 885-1340 x2202 MBE/SLBE Directory: http://www.meetcharlescounty.com/local-minority-business-programs/ MBE Goal: Yes, Aspirational 25% - Refer to Part A, Section 1.4.2 Not Applicable/Exempt SLBE Program Applicable: Yes, Refer to Part A, Section 1.4.3 Not Applicable/Exempt NOTE: Times and dates are subject to change due to extenuating circumstances, including inclement weather. Offerors may obtain County operating status by calling 301-645-0600 (meeting times cannot be verified at this number) or by referring to County operations status updates on the Charles County Government website at http://www.CharlesCountyMD.gov. 139

Table of Contents

PART A – INSTRUCTIONS, PROVISIONS, AND NOTICES

1.0 PROPOSAL INSTRUCTIONS .................................................................................... 1

2.0 PROPOSAL EVALUATION PANEL AND CRITERIA FOR EVALUATION ..... 6

3.0 AWARD AND CONTRACT FORMATION .............................................................. 7

4.0 GENERAL PROVISIONS .......................................................................................... 10 PART B – SPECIAL PROVISIONS

1.0 GENERAL .................................................................................................................... 18

2.0 SCOPE OF SERVICES ............................................................................................... 18

3.0 PROPOSAL ITEM DESCRIPTIONS ....................................................................... 20 PART C – INSURANCE

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PART A – INSTRUCTIONS, PROVISIONS, AND NOTICES

1.0 PROPOSAL INSTRUCTIONS

PROPOSAL SUBMISSION CONDITIONS
Refer to the Summary Sheet for the proposal submission location, due date , and time. Late s ubmission, modification, or withdrawal of proposals after the due date/time will NOT be considered. Offerors are solely responsible for timely delivery of their proposal submission.

Proposals shall be valid and irrevocable for a minimum of one hundred -twenty (120) consecutive calendar days from the due date. An Offeror may submit only (1) proposal in response to this RFP.

If the County is closed for business when proposals are due, for whatever reasons, sealed proposals will be accepted on the next business day the County is open, at the originally scheduled due date and time. Offerors shall monitor the Bid Board for schedule changes issued via addendum.

NOTE: Due to Charles County mail processing, additional time may be necessary for mail delivery. It is the Offeror’s sole responsibility to ensure that proposals are submitted timely and to the appropriate location. Acceptable delivery methods are by courier, in-person hand delivered, United States Postal Service, United Parcel Service or Federal Express. Other methods of delivery shall not be accepted.

PROPOSAL SUBMISSION INSTRUCTIONS & FORMS
Any information identified as “Confidential” shall be noted by reference and appended to the Proposal Submission. Each item identified as “Confidential” shall be accompanied by an explanation. Refer to Part A, Section 3.13.

Forms listed in the Summary Sheet are published separately in an electronically fillable format, which are available with the other solicitation documents on the Charles County Bid Board.

1. RFP 22-42 – Forms – 220317.docx

Forms are available for download from the Charles County Bid Board via the County’s website by following these steps:

1. Go to http://www.CharlesCountyMD.gov/.

2. Click on “Business”.

3. Click on “Online Bid Board”.

TECHNICAL PROPOSAL PACKAGE
Offerors shall submit copies specified on the Summary Sheet of the Technical Proposal package in a sealed envelope separate from the Original Proposal package labeled with the Company’s name and address and marked “Technical Proposal”. Cost information shall not be included in the Technical Proposal.

1.3.1 Technical Proposal Package Content
At a minimum, eac h technical proposal shall include the following items in the stated order; all pages shall be numbered; using font size of eleven (11) point or larger, printed one -sided on 8.5 x 11 size paper, and all the listed components must be included. Do not provid e references to other section/tabs, documents or websites for the information required; information should be specifically included in the RFP response. Technical proposals which do not include all components or use the proper format may be considered non-responsive and therefore not reviewed or considered for award.

Provide a Table of Contents with the specified tabs, page numbers, and content below for each tab.

1. Tab 1 – Project Understanding:

Briefly provide a summary of the proposal stating the offeror’s understanding of the requirements.

2. Tab 2 – Organizational Structure:

Offerors shall provide an organization chart both graphically and in narrative format, that provides a description of the Offeror’s proposed organizational structure for this project. The organizational chart shall depict the relationship of its key personnel roles and other key members of the management team. The organizational chart shall provide the names of the proposed staff for each position on the chart along with there certifications.

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3. Tab 3 – Company Profile:

Offerors shall provide a company profile of company locations and services provided at those locations.

4. Tab 4 – Ordering/Software:
a) Describe your software technology ordering process such as how users are adde d, how approvers are set up, and so on.
b) Describe the information that is listed in your software solution such as provides list pricing, contract percent discount, extended price, etc.
c) Describe your training plan and process.
d) Describe ordering process, software solution, etc.
e) Describe product delivery process & include the number of calendar days it will take an order to ship for in stock and out of stock (backordered) items.
f) Describe product error corrective action plan
g) Describe timeline between when orders are placed to when they are delivered & backorder pr ocedures h) Describe reports
i) Describe the products available

5. Tab 5 – Disaster Recovery Plan:

Describe your disaster recovery plan. Provide examples when disaster recovery plan was utilized , how long it was used, how it was initiated, etc.

6. Tab 6 – Assumptions & Expectations:

Provide all key assumptions you are making. List all expectations of County involvement for successful execution of your solution.

7. Tab 7 – Existing Users:

Provide a list of existing government entities you are providing similar services for. Include at minimum, the state, city, and time services have been provided. Explain how they align to the requirements listed in this RFP solicitation document.

8. Tab 8 – Additional Items:

Other information you think is important for consideration in the evaluation of proposals.

ORIGINAL PROPOSAL PACKAGE
Offerors shall copies specified on the Summary Sheet of the Original Proposal package in a sealed envelope separate from the Technical Proposal package labeled with the Company’s name and address and marked “Original Proposal”.

The Original Proposal Package shall include all items identified on the Summary Sheet.

1.4.1 Cost Proposal Form
Cost proposals shall be submitted on the Cost Proposal Form. All blank spaces of the form shall be fully completed in legible ink or typewritten. All blank spaces of the form shall be fully completed in legible ink or typewritten.

If the Offeror is not bidding on an item on the Cost Proposal Form, the Offeror shall notate that by writing “N/A” in the Total Price or Percentage Discount columns.

The Offeror shall provide pricing and percentage discount as specified on the Cost Proposal Form. Prices shall include all profit, overhead, shipping, equipment, transportation cost, etc. There shall be no hidden costs. Such pricing shall cover all services and materials to be provided as part of this Contract as specified in this solicitation.

For Section A on the Cost Proposal Form , the Offeror shall provide pri cing rounded to the nearest whole cent (e.g., $.01) along with percentage discount rounded to the nearest hundredth (e.g. 25.15%). For Section B on the Cost Proposal Form, the Offeror shall provide percentage discounts rounded to the nearest hundredth (e.g. 25.15%).

The Cost Proposal Form states the Offeror is or will be licensed to do business in the State of Maryland prior to contract award, and that the Offeror has complied with and takes no exceptions to all requirements of the RFP. The Cost Proposal Form must be signed by the company official authorized to enter into binding contracts. Any information identified as “Confidential” shall 142
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be noted by reference and appended to the Cost Proposal Form. Each item identified as “Confidential” shall be accompanied by an explanation. Refer to Part A, Section 3.13.

1.4.2 Minority Business Enterprise (MBE) Program – MBE Utilization Affidavit Form This form shall be completed in legible ink or typewritten. “NA” shall be noted on the form if it is Not Applicable.

Charles County Government has established an MBE Program which applies to all formal solicitations. There is an aspirational goal of 25% MBE participation for each project. Certified MBEs are encouraged to respond.

The County recognizes, as Minorities, the following groups: African Am ericans; American Indians/Native Americans; Asians; Hispanics; Women; Physically or Mentally Disabled persons and Disabled American Veterans. The County will automatically recognize MBE status for any firm certified by the Maryland Department of Transporta tion (MDOT), Federal 8-A registration or Charles County Government.

The awarded Offeror shall be required to report MBE Utilization to the County post award on the County’s “MBE Utilization – Post Award” form, if they have proposed any MBE usage.

1.4.3 Small Local Business Enterprise (SLBE) Program – SLBE Certification Form & SLBE Letter of Intent – Refer to Summary Sheet Regarding Applicability
If marked “Applicable” on the Summary Sheet, this form shall be completed in legible ink or typewritten. “NA” shall b e noted on the form if it is Not Applicable.

Charles County Government has established a Small Local Business Enterprise (SLBE) Program, which registered Charles County SLBE firms responding to this solicitation may receive a preference in accordance with the provisions of the Program that may apply to a formal solicitation resulting in an award of less than $500,000.00 if they:
• Are registered in the Charles County SLBE Program and eligible in all other respects, at the time the firm’s proposal is submitted.
• Complete the required SLBE forms and indicate their SLBE status. • Are susceptible for award for a contract valued less than $500,000.00.

Registered Charles County SLBEs must meet all the same requirements of non-SLBE offerors. Firms must have completed the registration process and have achieved full SLBE status by the due date for proposals, in order to receive consideration as a SLBE during the evaluation of proposals.

1.4.4 Reference Form
Offerors shall be required to complete and submit the Reference Form. Offerors shall demonstrate at least five (5) years of experience and provide service summaries for a minimum of five (5) representative services over the past five (5) years in each category below. Experience of subcontractors may not be used as experience of the prime. Representative services shall reflect the capabilities of the Offeror serving in a prime capacity. Within each category below please include a variety of references reflecting the Offerors role:
a) Provided medical supplies on an as needed basis

1.4.5 Addendum Certification Form
Offerors shall be required to complete and submit the Addendum Certification Form. “NA” shall be noted on the form if it is Not Applicable.

1.4.6 Proposed Sub-Contractors Form
Offerors shall be required to complete and submit the Proposed Sub-Contractors Form. “NA” shall be noted on the form if it is Not Applicable.

1.4.7 Non-Collusion Affidavit
Offerors shall be required to complete and submit the Non-Collusion Affidavit Form.

SOLICITATION EVENTS (AS NOTED APPLICABLE)

1.5.1 Pre-Proposal Meeting
Firms must register in advance to attend the pre-proposal meeting. To register, email the Purchasing Representative specified on the Summary Sheet their company name and participant(s) name(s), email address(es), and telephone number(s).

Participation instructions shall be provi ded to registered participants the day before the pre -proposal meeting. The attendance roster will be published on the County’s Bid Board. Refer to the Summary Sheet for registration, date and time, and location 143
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information.

1.5.2 Last Day for Questions
The County will not provide responses to questions after the deadline to submit questions specified on the Summary Sheet.

1.5.3 Proposals Due to County
Proposals shall be submitted to the County as stated on the Summary Sheet. There shall be no public opening of proposals.

OFFEROR CERTIFICATION OF ACCEPTANCE
By submitting a proposal in response to this RFP, the Offeror certifies their acceptance of all terms and conditions set forth within this document, which will be made a part of the final contract documentation. All work, if any, shown on the contract drawings, specifications, and reports referenced in the RFP or any Appendices is made part of this solicitation package.

INCURRING COSTS
The County is not liable for any costs incurred by the Offeror prior to full execution of the contract.

ADDITIONS/MODIFICATIONS TO SOLICITATION FORMS
Modifications of or additions to the Cost Proposal Form or any other County form may be cause for rejection of the proposal, however, the County reserves the right to decide on a case-by-case basis, in its sole discretion, whether or not to reject such a proposal as nonresponsive. As a pre condition to proposal acceptance, the County may, in its sole discretion, request that the Offeror withdraw or modify any such modifications or additions which do not affect quality, quantity, price, or delivery.

ALTERNATE OFFERS
Offerors must bid only one (1) product and one (1) price per bid item even though they feel they can offer more than one item that will meet the specifications. Offerors must determine for themselves which to offer. If a n offeror submits more than one (1) product and/or more than one (1) price for a given bid item or items, it may be cause for the bid items or items being bid upon to be considered non-responsive and rejected.
“OR EQUAL” INTERPRETATIONS
Identification of an item by manufacturer’s name, trade name, catalog number, or reference is intended to be description but not restrictive in that it is used for the purpose of describing they type, style, quality, performance, and minimum specifications of the product desired, and shall not be interpreted to mean the only acceptable product. Bids on other makes and/or models will be considered provided in the Cost Proposal Form what is being proposed and forwards with the bid complete descriptive literature indicating the character of the article being offered and addressing all specifications of this solicitation.

The County reserves the right to accept or reject, in its sole discretion, items offered as an “equal”.

OFFEROR INVESTIGATIONS
Prior to submitting a proposal, each Offeror shall make all investigations and examinations necessary to ascertain all conditions and requirements affecting the full performance of the contract and to verify any representations made by the County that the Offeror will rely upon. No pleas of ignorance of such conditions and requ irements resulting from failure to make such investigations and examinations will relieve the successful Offeror from its obligation to comply in every detail with all provisions and requirements of the contract documents or will be accepted as a basis for any claim whatsoever for any monetary consideration on the part of the successful Offeror.

SOLE POINT OF CONTACT
The Purchasing Representative identified on the Summary Sheet is the SOLE POINT OF CONTACT at Charles County Government for this procurement. All communication between offerors and Charles County Government shall be with the Purchasing Representative until a fully executed contract is delivered to the Contractor. Offerors or any of their authorized representatives may not initiate contact with Charles County Government or County Consultants other than the Contact identified on the Summary Sheet , for any reason during the bidding process or prior to full contact execut ion. Any communication outside this process may result in disqualification.

QUESTIONS
All inquiries concerning technical or bidding information shall be directed in writing (via email) with the solicitation number and name in the subject line to the Purchasing Representative identified on the Summary Sheet, prior to the due date and time specified. The County will not provide responses to questions after the due date and time specified on the Summary Sheet. The person submitting the request will be responsible for its prompt delivery. 144
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ADDENDA AND SUPPLEMENTS
In the event that it becomes necessary to revise any part of this solicitation, or if additional information is necessary to enable the Offeror to make an adequate interpretation of the provisions of this solicitation, a supplement to the solicitation will be issued. The Offeror shall acknowledge in their proposal, the receipt of all addenda, supplements, amendments, or changes to the solicitation that we re issued by the County. Oral statements made by County personnel shall not bind the County in any manner whatsoever and cannot be used to protest or otherwise challenge any aspect of this solicitation or subsequent agreement.

Any interpretation, correction, changes to the solicitation will be made only by addendum duly issued and will be posted on the County Bid Board found at www. CharlesCountyMD.gov. Click on “Business” and then “ Online Bid Board”. Any and all addenda issued prior to the proposal due date/time shall become a part of the contract documents and shall be covered in the Offeror’s proposed prices unless an alternate price schedule is presented by addendum. It is the responsibility of the Offeror to check the County Bid Board as frequently as necessary to obtain all updates and addenda to the solicitation.

ABILITY TO PERFORM
Offerors shall have the capability to perform classes of work contemplated, having sufficient capital to execute the work properly within the specified time.

The County reserves the right to request any additional information, utilize references not provided by an Offeror, and validate any information provided by an Offeror by any means deemed necessary by the County for the purpose of determining the Offeror’s ability to perform the services described herein.

ERRORS
Any errors in computations may be corrected during the County’s review of the proposals. The County shall not be responsible for Offeror computation errors contained on the Cost Proposal Form. All values contained on the Cost Proposal Form remain the responsibility of the Offeror. Where the unit price and the extension price are at variance, the unit price will prevail. In the event that the unit price is not provided, the unit price shall be the extended price divided by the quantity. Errors on any forms submitted remain the sole responsibility of the Offeror.

REJECTION OF QUOTES/BIDS/PROPOSALS
Although not intended to be an exhaustive list of causes for disqualification, any one or more of th e following causes, among others, may be sufficient for the disqualification of an offeror and the rejection of its proposal:

1. Evidence of collusion among offerors.

2. Lack of competency revealed by financial statements, experience, equipment statements, or other factors.

3. Lack of responsibility as shown by past work, judged from the standpoint of workmanship as submitted or from previous experience with the offeror.

4. Default on a previous similar contract for failure to perform.

5. Being delinquent in payments due to Charles County Government.

6. Exceptions or exclusions to the requirements of the solicitation.

7. Failure to be in “Good Standing” with the State of Maryland.

8. Previous substandard performance on a County contract.

9. Failure to perform properly or to complete, in a timely manner, contracts of a similar nature, or if investigation shows the offeror unable or unlikely to perform the requirements.

10. Failure to furnish information requested by the County.

The County reserves the right to rejec t any/all proposal, to waive irregularities and/or informalities in any proposal, and to make award in any manner, consistent with law, deemed in the best interest of the County.

GOOD STANDING REQUIREMENTS
In order to be eligible for award, Offerors shall meet the following conditions prior to contract award:

1. Their firm is not debarred, suspended, or otherwise ineligible for participation in government procurement by the federal government, the State of Maryland, or any other state, county, or municipal go vernment.

2. All payments to Charles County Government have been paid and are not delinquent.

3. Their firm is in “good standing” with the State of Maryland Department of Assessments and Taxation.

RESTRICTIONS: NOT APPLICABLE
An individual or a person that employs an individual who the County utilized in the drafting of specifications, an invitation for bids, or a request for proposals for a procurement may not submit a bid or proposal for that procurement, or assist or repres ent another person, directly or indirectly, who is submitting a bid or proposal for the procurement. Proposal from such an individual or entity will be rejected.
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The following is a list of consultant(s) and/or sub-consultant(s) that have received monetary compensation under a contract with the County as the prime consultant to develop the Request for Proposals and have been retained by the County to perform construction phase services on the behalf of the County for this procurement. ·N/A

In addition, the County Ethics Committee administers the provisions of the County Ethics Code, including §170 of the Charles County Code that contains various restrictions on participating in County procurements.

NOTIFICATIONS
Legal notice given by the County to the Offeror shall be sent to the address provided on the Offeror’s Cost Proposal Form.

Notice given by the County by any of the following:

1. A communication delivered by shall be deemed as having been received by the addressee three (3) business days after the date of mailing.
a. UPS or FedEx or other delivery service; or
b. USPS first class postage mail; or
c. USPS certified, or
d. USPS registered mail.

2. A communication delivered by email shall be deemed as having been received by the addressee the same day the email was sent.

NEGOTIATIONS
The County may negotiate contract terms , price, statement of work, or other conditions that results in the most advantageous outcome for the County. In the event an agreement satisfactory to the County cannot be negotiated, the County may terminate negotiation and move to another Offeror.

2.0 PROPOSAL EVALUATION PANEL AND CRITERIA FOR EVALUATION All materials, conferences, proposals, and other matters re lated to this project shall remain confidential until the contract is executed with the selected firm. The County may use any appropriate technical resources to assist during any part of the evaluation process.

RESPONSIVENESS REVIEW
The County will review the proposal for minimum responsiveness criteria. Proposals that do not meet the minimum responsiveness criteria may be rejected as non-responsive, at the sole option of the County. Any deficiencies will be reviewed and determined by the Chief of Purchasing.

EVALUATION CRITERIA
Proposal evaluation will include, but is not limited to, the following:

Item # Evaluation Criteria Description Points
1 Project Understanding/Experience 15
2 Processing Time/Delivery Time 15
3 Software Technology 10
4 Price (TBD) 60
TOTAL POINTS 100

Additionally, this RFP is subject to the Small Local Business Enterprise (SLBE) Program as described herein. Registered SLBE Program Offerors will be provided preferential points assuming the Offeror’s proposal is found to be responsive, responsible, and the Offeror is eligible for award meeting all other award provisions. An additional ten (10) points will be granted to a registered SLBE prime on top of the Proposal evaluation score. Non -SLBE Offerors utilizing a r egistered SLBE Program business as a sub-Contractor will receive additional points, prorated based upon the percentage of the value of the services to be provided by the SLBE (i.e., SLBE sub-Contractor participation of 50 percent would be awarded an additional five (5) points on top of the Proposal’s evaluation score).

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EVALUATION
Offerors’ proposals will be evaluated by an evaluation committee who will evaluate and score the proposals in accordance with the criteria specified above. The County reserves the right to conduct the evaluation in any manner considered in the best interest of the County. The County may utilize any information obtained as a result of reference checks, proposal clarificati on or additional information requests, offeror negotiations o r any other means deemed necessary at the sole discretion of the County to identify the proposal that best meets the County’s needs.

3.0 AWARD AND CONTRACT FORMATION
The County reserves the right to award a contract by individual items, in the aggregate, or in any combination thereof, or to reject any or all proposals and to waive any informality in proposals received whenever such rejection or waiver is in the best interest of the County.

AWARD OF CONTRACT
The County anticipates awarding one primary offeror and may award to additional offeror(s) as determined to be in the best interest of the County.

The County intends to award this solicitation on the basis of a combination of the evaluation of the Offerors’ experience and qualifications, as well as the proposed price (Item A33). Award will not be based upon cost alone, and this solicitation does not commit the County to award a contract or to award to that firm which has submitted the lowest fee. The evaluation criteria may include: the Offeror’s demonstration of their understanding of the work to be performed, past experience, technical ability, other resources, qualifications of personnel, results of reference checks, and record of similar work performed satisfactorily. In addition, the County reserves the right to accept any proposal either in part or in its entirety.

At any time, the County may request an offeror to provide additional items such as: additional information, clarification, references, interviews/presentations, and any other documentation needed to assist the County in the award selection process.

Failure of an offeror to furnish requested information may constitute grounds for determining an offeror as non -responsive at the sole option of the County.

TERM OF CONTRACT
The Contractor(s) selected shall provide the services and all requirements contained herein for a base period commencing on the date of contract execution by the County through June 30, 2023, with six (6) optional 1-year renewals at the sole option of the County. Each 1-year renewal shall commence on July 1 and end on June 30 of the following calendar year.

PRICING ADJUSTMENT FOR EXTENSION YEARS
Wen applicable as indicated on the Summary Sheet, pricing under the resulting Contract shall remain firm through the base term. Thereafter, pricing may be adjusted at the beginning of each succeeding year and/or Contract renewal period at the written request of the Contractor to the Chief of Purchasing. Any pricing adjustments shall be determined based upon the percentage change in the Consumer Price Index (CPI) from the previous year. For purposes of this agreement, the CPI is defined as the Consumer Price Index for All Urban Consumers, All Items, as published by the United States Department of Labor, Bureau of Labor Statistics. For purposes of adjustment, the CPI used for each subsequent year of the Contra ct shall be the last published percentage change in the CPI (for the previous 12 months) either on, or prior to, the anniversary date of the Contract. Price adjustments shall take effect upon written approval by the County.

QUANTITY CONTRACTS AWARDED
The County intends to award the contract to one or more firms. The contract entered into with the successful offeror shall meet all standard provisions required by the County.

The County intends to contract with a single firm and not with multiple firms doing business as a joint venture. Where two or more Offerors desire to submit a single proposal in response to this RFP, they should do so on a prime -subcontractor basis rather than as a joint venture.

CONTRACT EXECUTION
The successful Offeror to whom the contract shall have been awarded shall be required to execute the County contract (or as authorized by the County) and shall furnish all requirements due at contract execution, which may include, but is not limited to performance bonds and/or payment bonds, insurance certificates, equipment inspections, licenses, etc., as specified herein .

CONTRACT DOCUMENTS
All work under this project shall be in accordanc e with the contract documents. The Contract documents for this project 147
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includes, but is not necessarily limited to, this solicitation package, project plans and specifications as shown in RFP and other referenced ordinances, manuals, and specifications.

Contract Documents shall also include:
a. All written modifications, amendments and change orders to this Contract issued in accordance with the General Provisions.
b. Contractor’s proposal and accompanying exhibits submitted in response to the County’s Project Criteria and Solicitation; and any solicited and/or unsolicited Alternates to the Solicitation accepted by the County in writing.

The Contract Documents are intended to permit the par ties to complete the work and all obligations required by the Contract Documents within the specified time(s) for the proposed price. The Contract Documents are intended to be complementary and interpreted in harmony so as to avoid conflict, with words and phrases interpreted in a manner consistent with construction and design industry standards. In the event of any inconsistency, conflict, or ambiguity between or among the Contract Documents, the County will make a determination on which item of discrepanc y shall take precedence. Within listed documents or group of documents, the later dated shall have precedence over the earlier requirements, and specific requirements shall have precedence over the general requirements.

DEFAULT AND SUSPENSION
If a Offeror who has been selected for award and offered a contract refuses or fails to execute the contract and/or fully comply with all requirements of this solicitation within fourteen (14) consecutive calendar days after receipt of formal notice of award or an alte rnate date specified by the Chief of Purchasing , the Offeror may be considered to have defaulted with respect to execution of the contract, and to have abandoned all rights and interests in the contract. In such instance the bid security, if any, may be declared forfeited to the County without further notice to the Offeror. In the event of such default, award may then be made to another Offeror determined to be in the best interest of the County, or the solicitation may be cancelled and/or re- advertised for proposals as deemed if deemed in the best interests of the County.

A Contractor, who has executed a contract with the County, may be considered to have defaulted in the performance of the Contract, by failure to comply with the requirements of the contract, sub-standard performance, failing to complete the contract, and/or by other significant errors and omissions as determined by the Project Manager and the Chief of Purchasing. In such instance, the Contractor’s performance and/or payments bond s, if any, may be exercised, and the Contract terminated and awarded to another Offeror if determined to be in the best interest of the County.

An Offeror /Contractor, who has defaulted as discussed above, may be declared by the Chief of Purchasing to be ineligible to bid on future County solicitations for a period of up to two (2) years from the date the County determined the Offeror/Contractor to have defaulted. This determination by the Chief of Purchasing shall be final, and not subject to appeal.

OFFEROR/AWARD PROTESTS
a) All protests made pursuant to solicitations must be in writing and delivered to the Chief of Purchasing within the timeframes specified:
i. Protests must be delivered to the Chief of Purchasing no later than ten (10) consecutive calendar days after the basis for the protest ( i.e., notification of rejection of offeror’s proposal , notification of removal of offeror from consideration, etc.) is known or should have been known, whichever is earlier. ii. If protesting contract award, the protest must be delivered to the Chief of Purchasing within ten (10) consecutive calendar days after the Purchasing Division has publicly posted the proposed contract award. This provision shall only apply to “aggrieved” offerors.
iii. If offeror seeks as a remedy the cancellation or amendment of the solicitation, the protest must be delivered to the Chief of Purchasing before the submission date for bids/proposals. iv. If the County is closed for business at the due date and time, for whatever reasons , protests will be accepted on the next business day of the County prior to 12:00 p.m. (Eastern Time).

Protests shall be considered timely only if received in the Purchasing Division office prior to close of business within the timeframes specified above.
b) All protests made pursuant to solicitations shall be delivered to the Chief of Purchasing:

Charles County Government
ATTN: Chief of Purchasing,
Purchasing Division (Room B130)
200 Baltimore Street,
La Plata, Maryland 20646
c) Each protest must contain a protest filing fee in the amount of $500 (US currency); if the fee is paid by check, then the check must be made out to “Charles County Government”. The Chief of Purchasing, may, at his sole election, return the 148
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filing fee to the protesting offeror, if the protest is sustained. Filing fees for unsustained protests shall not be returned.

The Chief of Purchasing must dismiss any protest not timely received. d) Only an offeror that is “aggrieved” is eligible to file a protest. Aggrieved means that the offeror who is filing the protest is susceptible for an award of the contract if the protest is sustained (e.g., a fourth ranked offeror is not aggrieved unless the grounds for a protest, if sustained, would disqualify the top three ranked offerors, or would require that the solicitation be reissued). Each protest must contain the following: identification of the solicitation; the name, address, and telephone number of the protesting offeror; a statement supporting that the offeror is aggrieved; and specification of all grounds for the protest, including submission of detailed facts and all relevant documents, citatio n to relevant language in the solicitation, regulations, or law relied upon; and all other matters which the offeror contends supports the protest. The burden of production of all relevant evidence, data and documents, and the burden of persuasive argumen t to support the protest is on the offeror making the protest.
e) The Chief of Purchasing shall forward to the County Attorney, all protests timely received and appropriate information addressing the circumstances of the protest. The Chief of Purchasing shall also forward for the County Attorney’s information, all protests not timely received and/or otherwise ineligible, that was dismissed by the Chief of Purchasing. f) The Chief of Purchasing, after consultation with the County Attorney, shall determine whether to sustain or reject the protest, and shall provide written notice of his determination to the offeror making the protest, and to the County Attorney. In the case of a sustained protest, the Chief of Purchasing, after consultation with the County Attorney, shall determine what remedy shall be taken to redress the protest. Decisions shall be final, and not subject to appeal.

PERFORMANCE EVALUATIONS
The County shall perform periodic performance evaluations, at the County’s discretion, on all work performed b y the Contractor under this Contract. The Contractor shall have the opportunity to review performance evaluations upon request.

Performance evaluations shall be maintained in the County’s contract files.

ASSIGNMENT OF CONTRACT
The Contractor shall not sublet any portion of this contract or assign or transfer any interest in this contract without receiving prior written approval from the County, Chief of Purchasing.

SUBCONTRACTORS
Subcontractors may not be used in the conduct of this contract without exp ress written approval of the County. The County reserves the right to reject any subcontracted relationship if changes or additions of subcontractors are necessary during the life of the contract. Subcontracts for any portion of this contract must be clear ly identified in the Offeror’s proposal. Subcontracts are subject to Minority Business Enterprise (MBE) and Small Local Business Enterprise (SLBE) requirements detailed herein.

Prime contractor shall perform a minimum of fifty percent (50%) of the work proposed.

NEWS RELEASE
No news releases pertaining to this bid request or the service, study, or project to which it relates will be made without County approval.

PUBLIC INFORMATION ACT/CONFIDENTIALITY NOTICE
Offeror should give specific attention and identification of those specific portions of their proposals which they deem to contain confidential and/or proprietary information. Such information must be individually noted as being confidential or proprietary, either at that location, or in a separate consolidated listing contained within the bid/proposal /quote and provide justification of why the material should not be subject to disclosure by the County upon request under the Maryland Public Information Act .

Offerors may not declare their entire bid/proposal /quote package to be confidential or proprietary. Failure to provide specific identification and justification may result in the County releasing the information if requested to do so.

CAMPAIGN FINANCE REFORM ACT OF 2013
The Maryland Campaign Finance Reform Act of 2013 dictates that vendors with single contracts of $200,000 or more shall file certain campaign finance -related disclosures with the Mary land State Board of Elections. Vendors shall certify that they have filed the requisite disclosure, and if the vendor fails to provide this certification, the County must n otify the State. In the event of Contract award, the Contractor shall certify that campaign finance-related disclosures are filed with the Maryland State Board of Elections as applicable.

HOLIDAY SCHEDULE
The following holidays are observed by the County:

New Year’s Day Independence Day
Martin Luther King Jr’s Birthday Labor Day
*Lincoln’s Birthday Columbus Day
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Washington’s Birthday Veterans Day
*Maryland Day Election Day (When Applicable)
Good Friday Thanksgiving Day
Memorial Day Day After Thanksgiving
Juneteenth Christmas Day
*FLOATING HOLIDAYS - COUNTY OFFICES AND OPERATIONS SHALL BE OPEN.

4.0 GENERAL PROVISIONS
Any provision specified in this section and addressed elsewhere in the solicitation; Part B shall supersede.

DEFINITIONS:

COMMISSIONERS: The County Commissioners of Charles County.

COUNTY: The County Commissioners of Charles County, Maryland.

CONTRACT: The written agreement executed by the County Commissioners of Charles County and the successful offerors, covering the performance of the work and th e furnishing of materials required for this project. The contract shall include: A conventional contract or award letter, instructions to offerors, solicitation, specifications and scope of work, special provisions, general provisions, any other addenda, o r written instructions pertaining to the method and manner of performing the work, and the Offeror’s proposal.

CONTRACTING OFFICER: The Director of Using Department and includes a duly appointed successor or authorized representative.

CONTRACTOR: The per son or persons, partnership, firm or corporation who enters into a contract awarded to him by the COUNTY.

DEPARTMENT: The authorized division or agency of Charles County government responsible for the service or work for which the contract will be written.

DAYS: Calendar Days

EXTRA WORK: A written order to the CONTRACTOR and signed by the CONTRACTING OFFICER, ordering a change in or an addition to the work from that originally shown in the specifications.

GENERAL PROVISIONS: All requirements and provisions contained in this document.

INSTRUCTIONS TO OFFERORS: Information explaining the procurement process, significant dates, and bidding requirements.

OWNER: The entity holding title or having vested interest in the property and rights associated with th e property.

SPECIAL PROVISIONS: Statements modifying or changing the requirements or provisions of the General Specifications or adding new requirements or provisions thereto.

SPECIFICATIONS/SCOPE OF WORK: The written or printed agreements and instructio ns pertaining to the performance of the work to be performed, and/or the quantity and quality of the work/materials to be furnished under the contract.

INDEMNIFICATION CLAUSE:

The Contractor shall protect, hold free and harmless, defend, and indemnify Charles County, including its officers, agents, and employees from all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney’s fees, resulting from injury to, or death of, any person or damage to property of any kind, which injury, death or damage arises out of, or is any way connected with the performance of the work under this contract. This agreement shall apply to any a cts or omissions, negligent conduct, whether active or passive, including acts or omissions of contractor’s agents or employees; except that this agreement shall not be applicable to injury, death or damage to the property arising from the sol e negligence of Charles County, it’s officers, agents, and employees.

GOVERNING LAW:

This Contract shall be governed by and construed only in accordance with the laws of the State of Maryland. 150
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PAYMENT OF TAXES:

The firm awarded the contract resulting from this solicita tion shall be responsible for paying all Maryland sales tax, and any other applicable taxes, on items purchased by the Contractor in the pursuit of this contract. The County tax exempt status cannot be transferred to the Contractor.

SPECIFICATIONS AND DRAWINGS (NOT APPLICABLE)
The CONTRACTOR shall keep on the work site a copy of the drawings and specifications and shall at all times give the CONTRACTING OFFICER access thereto. Anything mentioned in the specifications and not shown on the drawings or shown on the drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both. In case of difference between drawings and specifications, the matter shall be promptly submitted to the CONTRACTING OFFICER, who shall promp tly make a determination in writing. Any adjustment by the CONTRACTOR without such a determination shall be at its own risk and expense. The CONTRACTING OFFICER shall furnish from time to time such detailed drawings and other information as he may consider necessary, unless otherwise provided.

CHANGES:

A. The CONTRACTING OFFICER may, at any time, without notice to the sureties, by written order designated or indicated to be a change order, make any change in the work within the general scope of the contract , including but not limited to changes:
(1) In the specifications (including drawings and design); (2) In the method or manner of performance of the work; (3) In the COUNTY furnished facilities, equipment, materials, services, or site; or (4) Directing acceleration in the performance of the work.

Any other written order or an oral order (which terms as used in this paragraph (B.) shall include direction, instruction, interpretation, or determination) from the CONTRACTING OFFICER, which causes any such change, shall be treated as a change order under this article, provided that the CONTRACTOR gives the CONTRACTING OFFICER written notice stating the date, circumstances, and source of the order and that the CONTRACTOR regards the order as a change order.

B. Except as herein provided, no order, statement, or conduct of the CONTRACTING OFFICER shall be treated as a change under this article or entitle the CONTRACTOR to an equitable adjustment hereunder.

C. If any change under this article causes an increase or dec rease in the CONTRACTOR'S cost of, or the time required for, the performance of any part of the work under this contract, whether or not changed by any order, an equitable adjustment shall be made and the contract modified in writing accordingly; provided, however, that except for claims based on defective specifications, no claim for any change under paragraph (B.) above shall be allowed for any costs incurred more than twenty (20) days before the CONTRACTOR gives written notice as therein required; and provided further, that in the case of defective specifications for which the COUNTY is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the CONTRACTOR in attempting to comply with such defective specifications.

D. If the CONTRACTOR intends to assert a claim for an equitable adjustment under this article, he must, within thirty (30) days after receipt of a written change order under paragraph (A.) above or the furnishing of a written notice under paragraph (B.) above, submit to the CONTRACTING OFFICER a written statement setting forth the general nature and monetary extent of such claim, unless this period is extended by the COUNTY. The statement of claim hereunder may be included in the notice under paragraph (B.) above.

E. No claim by the CONTRACTOR for an equitable adjustment hereunder shall be allowed if asserted after final payment under this contract.

CHANGE ORDERS:

A. Additional Costs:

The cost of any change ordered in writing by the CONTRACTING OFFICER which results in an increase in the contract price will be determined by one or the other of the following methods, at the election of the CONTRACTING OFFICER.
(1) On the basis of a stated lump sum price, or other consideration fixed and agreed upon by negotiation between the CONTRACTING OFFICER and the CONTRACTOR in advance, or if this procedure is impractical because of the nature of the work or for any reason,
(2) On the basis of the actual necessary cost as determined by the CONTRACTING OFFICER, plus a fixed fee to cover general supervisory and office expense and profit. The fixed fee shall not exceed fifteen percent (15%) of the actual necessary costs. The actual necessary cost will include all reasonable expenditures for material, labor, and supplies furnished by the CONTRACTOR and a reasonable allowance for the use of his plant and equipment where required but will in no case include any allowance for general superintendent, office expense, or other 151
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general expense not directly attributable t o the extra work. In addition to the foregoing, the following will be allowed: the actual payment by the CONTRACTOR for workmen's compensation and public liability insurance; performance and payment bonds (if any); and all unemployment and other social sec urity contributions (if any) made by the CONTRACTOR pursuant to Federal or State statutes; when such additional payments are necessitated by such extra work. An appropriate extension of the working time, if such be necessary, also will be fixed and agreed upon, and stated in the written order.

B. Reduced Costs:

The cost of any change ordered in writing by the CONTRACTING OFFICER which results in a decrease in the contract price will be determined in a manner conformable with paragraph A.2 under Additional Costs.

DIFFERING SITE CONDITIONS: (NOT APPLICABLE)
A. The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the CONTRACTING OFFICER in writing of:
(1) Subsurface or latent physical conditions at the site differing materially from those indicated in this contract, or
(2) Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in this contract.

The CONTRACTING OFFICER shall promptly investigate the condition(s), and if he finds that such conditions do materially differ and cause an increase or decrease in the CONTRACTOR'S cost of, or the time required for, performance of any part of the work under this contract, whether or not changed as a result of such conditions, an equitable adjustment shall be made, and the contract modified in writing accordingly.

B. No claim of the CONTRACTOR under this article shall be allowed unless the CONTRACTOR has given the notice required in paragraph (A.) above; provided, however, the time prescribed therefore may be extended by the County.

C. No claim by the CONTRACTOR for an equitable adjustment hereunder shall be allowed if asserted after final payment under this contract.

TERMINATION OF CONTRACT FOR CONVENIENCE:

A. The COUNTY may, by written notice to the CONTRACTOR, terminate this contract in whole or in part at any time, either for the COUNTY'S convenience or because of the failure of the CONTRACTOR to fulfill his obligations under this contract.

Upon receipt of such notice, the CONTRACTOR shall:
(1) Immediately discontinue any part or all services as directed by the County’s authorized representative, and (2) Deliver to the COUNTY the originals of all data, drawings, specifications, reports, estimates, summaries and such other information and materials a s may have been accumulated by the CONTRACTOR in performing under this contract, whether completed or in process.

B. If the termination is for the convenience of the COUNTY, an equitable adjustment in the contract price shall be made but no amount shall be allowed for anticipated profit on unperformed services.

C. If the termination is due to the failure of the CONTRACTOR to fulfill his obligations under this contract, the COUNTY may take over the work and prosecute the same to completion by contract or otherwise . In such case, the CONTRACTOR shall be liable to the COUNTY for any additional cost occasioned to the COUNTY.

D. If, after notice of termination for failure to fulfill obligations, it is determined that the CONTRACTOR had not so failed, the termination shal l be deemed to have been effected for the convenience of the COUNTY. In such event, adjustment in the contract price shall be made as provided in Paragraph B of this clause.

E. The rights and remedies of the COUNTY provided in this clause are in addition to a ny other rights and remedies provided by law or under this contract.

TERMINATIONS FOR DEFAULT – DAMAGES FOR DELAY – TIME EXTENSIONS:

A. If the CONTRACTOR refuses or fails to prosecute the work, or any separable part thereof, with such diligence as will insure its completion within the time specified in this contract, or any extension thereof, or fails to complete said work within such time, the COUNTY may, by written notice to the CONTRACTOR, terminate his right to proceed with the work or such part of the work as to which there has been delay. In such event, the COUNTY may take over the work and prosecute the same to completion, by contract or otherwise, and may take possession of and utilize in completing the work such materials, appliances, and plant as may be on site of the work and necessary, therefore.

Whether or not the CONTRACTOR'S right to proceed with the work is terminated, he and his sureties shall be liable for any damage to the COUNTY resulting from this refusal or failure to complete the work within the specified time.

B. If fixed and agreed liquidated damages are provided in the contract and if the COUNTY so terminates the CONTRACTOR'S right to proceed, the resulting damage will consist of such liquidated damages until such reasonable time as may be required for final completion and acceptance of the work together with any increased costs occasioned the COUNTY in completing the work.
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C. If fixed and agreed liquidated damages are provided in the contract and if the COUNTY does not so terminate t he CONTRACTOR'S right to proceed, the resulting damage will consist of such liquidated damages until the work is completed and accepted.

D. The CONTRACTOR'S right to proceed shall not be so terminated nor the CONTRACTOR charged with resulting damage if:
(1) The delay in the completion of the work arises from unforeseeable causes beyond the control and without the fault or negligence of the CONTRACTOR, including but not restricted to, acts of God, acts of the COUNTY in its contractual capacity, acts of anoth er Contractor in the performance of a contract with the COUNTY, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather, or delays of subcontractors or supplies arising from unforeseeable causes beyond the co ntrol and without the fault or negligence of both the CONTRACTOR and such subcontractors or suppliers; and (2) The CONTRACTOR, within ten (10) days from the beginning of any such delay (unless the CONTRACTING OFFICER grants a further period of time before the date of final payment under the contract), notifies the CONTRACTING OFFICER in writing of the causes of delay.

The CONTRACTING OFFICER shall ascertain the facts and the extent of the delay and extend the time for completing the work when, in his judgment, the findings of fact justify such an extension, and his findings of fact shall be final and conclusive on the parties, subject only to appeal as provided in the article of these General Provisions entitled Disputes.

E. If, after notice of termin ation of the CONTRACTOR'S right to proceed under the provisions of this article, it is determined for any reason that the CONTRACTOR was not in default under the provisions of this article, or that the delay was excusable under the provisions of this artic le, the rights and obligations of the parties shall, if the contract contains an article providing for termination for convenience of the COUNTY, be the same as if the notice of termination had been issued pursuant to such article. If, in the foregoing circumstances, this contract does not contain an article providing for termination for convenience of the COUNTY, the contract shall be equitably adjusted to compensate for such termination and the contract modified accordingly; failure to agree to any such a djustment shall be a dispute concerning a question of fact within the meaning of the article of these General Provisions entitled Disputes.

F. In the event the construction of this project is interrupted, halted or discontinued by the order of a Court of competent jurisdiction or the order of a supervening appropriate government authority over which the COUNTY has no control, then in that event, it is the intention of these specifications that the COUNTY'S liability shall be limited only to the actual value of the work already performed and materials already purchased, with no allowance permitted for loss of profits that would have ultimately accrued to the CONTRACTOR had the CONTRACTOR completed the contract.

G. The rights and remedies of the COUNTY prov ided in this article are in addition to any other rights and remedies provided by law or under this contract.

H. As used in Paragraph (D.1.) of this article, the term subcontractors or suppliers means subcontractors or suppliers at any tier.

PAYMENTS TO CONTRACTOR:

A. The COUNTY will pay the contract price, less all costs for overtime superintendence and inspection, as herein -after provided.

B. The COUNTY will make progress payments monthly as the work proceeds, or at more frequent intervals as determined by the CONTRACTING OFFICER, on estimates approved by the CONTRACTING OFFICER. Progress payments will be due and payable thirty (30) calendar days after the COUNTY receives an acceptable invoice. If requested by the CONTRACTING OFFICER, the CONTRACTOR s hall furnish a breakdown of the total contract price showing the amount included therein for each principal category of the work, in such detail as requested, to provide a basis for determining progress payments. In the preparation of estimates, the CONTRACTING OFFICER, at his discretion, may authorize material delivered on the site and preparatory work done to be taken into consideration.

Material delivered to the CONTRACTOR at locations other than the site may also be taken into consideration (1) if such consideration is specifically authorized by the contract and (2) if the CONTRACTOR furnishes satisfactory evidence that he has acquired title to such material and that it will be utilized on the work covered by this contract.

Such payments shall be conditioned upon submission by the CONTRACTOR of bills of sale or such other procedures satisfactory to the COUNTY to establish the COUNTY'S title to such materials or equipment or otherwise protect the COUNTY'S interest, including applicable insurance and transportation to the site. 153
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C. All material and work covered by progress payments made shall thereupon become the sole property of the COUNTY, but this provision shall not be construed as relieving the CONTRACTOR from sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work, or as waiving the right of the COUNTY to require the fulfillment of all of the terms of the contract.

MATERIAL AND WORKMANSHIP:

All work under this contract shall be performed in a skillful and workmanlike manner. The CONTRACTING OFFICER may, in writing require the CONTRACTOR to remove from the work any employee the CONTRACTING OFFICER deems incompetent, careless, or otherwise objectionable.

SUPERINTENDENCY BY CONTRACTOR: (NOT APPLICABLE)
The CONTRACTOR shall give his personal superintendence to the work or have a competent foreman or superintendent, satisfactory to the CONTRACTING OFFICER, on the work at all times during progress, with authority to act for him.

PERMITS AND RESPONSIBILITIES:

The CONTRACTOR shall, without additional expense to the COUNTY, be responsible for obtaining any necessary licenses and permits, and for complying with any applicable Federal, State, and Municipal laws, codes, and regulations in connection with the prosecution of the work. He shall be similarly responsible for all damages to persons or property that occurs as a result of his fault or negligence. He shall take proper safety and health precautions to protect the work, the workers, the public, and the property of others. He shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire construction work, except for any complete unit of construction thereof which theretofore may have been accepted.

CONDITIONS AFFECTING THE WORK:

The CONTRACTOR shall be responsible for having taken steps reasonably necessary to ascertain the nature and location of the work, and the general and local conditions which can affect the work or the cost thereof. Any failure by the CONTRACTOR to do so will not relieve him from responsibility for successfully performing the work without additional expense to the COUNTY. The COUNTY assumes no responsibility for any understanding or representations concerning conditions made by any of its officers or agents prior to the execution of this contract unless such understanding or representations by the COUNTY are expressly stated in the contract.

OTHER CONTRACTS:

The COUNTY may undertake or award other contracts f or additional work excluded from this contract, and the CONTRACTOR shall fully cooperate with such other Contractors and COUNTY employees and carefully fit his own work to such additional work as may be directed by the CONTRACTING OFFICER. The COUNTY'S sep arate contractors will coordinate their work with the CONTRACTOR. The CONTRACTOR shall not commit or permit any act which will interfere with the performance of work by any other CONTRACTOR or by employees.

PATENT INDEMNITY:

Except as otherwise provided, the CONTRACTOR agrees to indemnify the COUNTY and its officers, agents, and employees against liability, including costs and expenses, for infringement upon any Letters, Patents of the United States arising out of the performance of this contract or out of the use or disposal by or for the account of the COUNTY of supplies furnished or construction work performed hereunder.

COVENANT AGAINST CONTIGENT FEES:

The CONTRACTOR warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the CONTRACTOR for the purpose of securing business. For breach or violation of this warranty the COUNTY shall have the right to annul this contract without liability or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such commissio n, percentage, brokerage, or contingent fee.

EQUAL OPPORTUNITY:

During the performance of this contract, the CONTRACTOR agrees as follows:

A. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or 154
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transfer; recruitment or recruitment advertising; layoff or termination; rates or pay or other forms of compensation; and selection for training, including apprenticeship.

B. The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.

C. The CONTRACTOR will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the CONTRACTING OFFICER advising the labor union or worker' s representative of the CONTRACTOR'S commitments under this Equal Opportunity article and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

D. In the event of the CONTRACTOR'S noncompliance with the Equal Opportunity article of this contract or with any of the said rules, regulations, or orders, this contract may be cancelled, terminated, or suspended, in whole or in part.

SUSPENSION OF WORK:

A. The CONTRACTING OFFICER may order the CONTRACTOR in wri ting to suspend, delay, or interrupt all or any part of the work for such period of time as he may determine to be appropriate for the convenience of the public.

B. If the performance of all or any part of the work is, for an unreasonable period of time, s uspended, delayed, or interrupted by an act of the CONTRACTING OFFICER in the administration of this contract, or by his failure to act within the time specified in this contract (or, if no time is specified, within a reasonable time), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by such unreasonable suspension, delay, or interruption and the contract modified in writing accordingly. However, no adjustment shall be made under this article for any suspension, delay, or interruption to the extent (1) that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the CONTRACTOR or (2) for which an equitable adjustme nt is provided for or excluded under any other provision of this contract.

C. No claim under this article shall be allowed (1) for any costs incurred more than twenty (20) days before the CONTRACTOR shall have notified the CONTRACTING OFFICER in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order), and (2) unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of such suspensio n, delay, or interruption, but not later than the date of final payment under the contract.

SUBCONTRACTORS:

Subsequent to the award, the CONTRACTOR shall, submit for approval a complete list of subcontractors who will be engaged by him in the execution of the work. After the list of subcontractors has been approved, no changes shall be made in it without the permission and approval of the CONTRACTING OFFICER. The CONTRACTING OFFICER will, however, permit the CONTRACTOR to take the work out of the hands of any or all of the subcontractors and complete it himself if for any reason it becomes necessary or desirable for him to do so. That portion of the specifications beginning with the CONSTRUCTION SPECIFICATIONS, if included in these documents, is arranged for editorial convenience only, the divisions thereof are not to be construed in the whole as the complete representation of the work, nor individually as authorization or approval by the COUNTY to subdivide the CONTRACTOR'S responsibilities into subcontracts related to such division. Nothing contained in the contract documents shall create any contractual relationship between any subcontractor and the COUNTY.

FAIR TREATMENT OF SUBCONTRACTORS AND CONTRACTORS:

The CONTRACTOR must make payment to any sub -contractor or contractor within 15 business days of receiving payment from the County for a Contractor invoice submitted to the County that billed for services or commodities provided by that sub- contractor or contractor. Contractors may not impose retainage rate s upon sub-contractors that are higher than those imposed upon the Contractor by the County.

SPECIFICATIONS, STANDARDS, AND FORMS:

Specifications and also standards of associations, societies, and laboratories referred to in these specifications shall beco me a part of this contract and shall be considered as though incorporated herein. The latest edition or amendment of supplement thereto in effect on the latest bid invitation shall apply. Standards of associations, societies, and laboratories referred t o in the specifications may be obtained directly from such organizations.

The COUNTY shall not be responsible for furnishing any drawing, specification, or published material not specifically identified in the Special Provisions of these specifications.

WORKING HOURS PER DAY:

The normal number of working hours per day on this contract will be limited to eight (8), unless otherwise authorized by the CONTRACTING OFFICER.
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SATURDAYS, SUNDAYS, HOLIDAYS, AND NIGHT WORK:

The CONTRACTOR will not be permitted to do any work which requires the services of the COUNTY'S inspection supervisory forces on Saturdays, Sundays, or holidays unless otherwise authorized by the CONTRACTING OFFICER in writing. However, the CONTRACTOR, with verbal permission of the CONTRACTING OFFICER, may be permitted to perform on Saturdays and holidays, clean -up, and such other items for which no specific payment are involved. In cases of bona fide emergencies, sound judgment shall be exercised.

CONTRACTOR RESPONSIBLE FOR OVERTIME COST:

In cases where the CONTRACTOR desires to work in excess of the normal number of working hours per day and/or on designated COUNTY holidays, Saturdays, or Sundays, the CONTRACTOR shall submit such requests in writing to the CONTRACTOR at least three (3) days in advance of the requested extended working hour period. The CONTRACTOR shall include with the request the specific tasks or operations to be performed during the proposed period of extended working hours.

The CONTRACTOR shall be responsible for all costs incurred by the COUNTY in providing superintendence and inspection services to accommodate the CONTRACTOR in working extended hours including premium time, quality control testing, per diem, and miscellaneous expenses. The COUNTY shall, with documentation, deduct the said monies for superintendence and inspection of the CONTRACTOR's work outside the normal working hours from payments due the CONTRACTOR. Said requested deductions shall not constitute a change or change order to the contract. The CONTRACTOR expressly agrees to the deductions from payments due in accordance with the following fee schedule for those services as deemed necessary by the COUNTY:

COUNTY Staff ................... Actual Cost of Staff
Miscellaneous........................Actual Cost of Staff Other ...................................Actual Cost of Staff EMERGENCY WORK:

In case of an emergency, when work requiring supervision by the COUNTY or the CONTRACTOR is to be performed on Saturdays, Sundays, holidays or for longer than eight (8) hours per day, the CONTRACTOR shall request permission of the CONTRACTING OFFICER to do so. If, in the opinion of the CONTRACTING OFFICER, the emergency is bona fide, he will grant permission to the CONTRACTOR to work such hours as may be necessary. Also, if, in the opinion of the CONTRACTING OFFICER, a bona fide emergency exists, he may direct the CONTRACTOR to work such hours as may be necessary whether the CONTRACTOR requests permission to do so or not.

OPERATING AND RESTORATION: (NOT APPLICABLE)
The CONTRACTOR shall so conduct his operation as not to interfere with or endanger the ordinary use of existing structures, roads, utilities, and other facilities. The CONTRACTOR shall provide and maintain all temporary roadways which may be authorized and all c ontrol and safety devices necessary to maintain traffic, safety, and the optimum normal use thereof.

Equipment, operations, and materials shall be confined to the limits defined by the CONTRACTING OFFICER.

The site of the work and facilities required to be constructed under the contract shall be maintained in a clean, orderly, and safe condition. Rubbish, surplus materials, and excess equipment shall not be permitted to accumulate during the progress of the work.

After each facility is completed and after all the work under the contract has been completed, the structure, facility, temporary facilities, barricades, toilets, and all the premises shall be left clean and, in a condition, satisfactory to the CONTRACTIN G OFFICER.

The CONTRACTOR shall restore at his expense any damage to any property, including damage to trees, shrubs, ground cover, and other vegetation, and the CONTRACTOR shall save and hold the COUNTY free from all claims for damages or injury to all persons or property caused or alleged to hav e been caused by the CONTRACTOR, his agents, employees, workmen, and subcontractors in the execution of this contract.

WORK STOPPAGE BY THE COUNTY:

The CONTRACTING OFFICER, by issuance of a stop work order, may direct the CONTRACTOR to suspend any work tha t may be subject to damage because of weather conditions.

SAFETY AND HEALTH: (APPLICABLE AS APPLIES TO SERVICES BEING PROCURED) The CONTRACTOR shall conduct his operations, including those involving machinery and self -propelled vehicles and equipment in order to protect the lives and health of employees and other persons; prevent damage to property, materials, 156
Medical Supplies RFP #22-42

supplies, and equipment; and to avoid work interruptions; and the CONTRACTOR shall, in the performance of this contract, comply with the applicable provisions of Federal, State and Municipal safety, health and sanitation laws and codes, and shall otherwise furnish and employ such additional safeguards, safety devices, protective equipment and measures, and fire preventive and suppressive measures and equipment as shall be necessary for the protection of property and for the life and health of personnel. The CONTRACTOR shall, after receipt of notice of deficiencies, immediately correct the conditions to which attention has been directed. Such notice wh en served on the CONTRACTOR or his representative at the site of work shall be deemed sufficient.

If the CONTRACTOR fails or refuses to comply promptly with requirements, the CONTRACTING OFFICER may issue an order to suspend all or any part of the work. W hen satisfactory corrective action is taken, an order to resume work will be issued. No part of the time lost due to any such suspension order shall entitle the CONTRACTOR to any extension of time for the performance of the contract or to excess costs or damages.

The CONTRACTOR shall maintain an accurate record of and shall report to the CONTRACTING OFFICER in the manner and on the form prescribed by the CONTRACTING OFFICER, all cases of death, occupational disease or traumatic injury requiring medical attention or causing loss of time from work, or loss of or damage to property of the CONTRACTOR, the public, or the COUNTY arising out of or in the course of fires or employment incident to performance of work under this contract.

INSURANCE:

A. Worker’s Compensation:

Prior to executing the CONTRACT, the CONTRACTOR shall furnish compensation insurance for employees engaged in this work, shall comply with the Workmen's Compensation Laws of the State of Maryland, and shall give proof of such insurance satisfactory to the CONTRACTING OFFICER.

B. Liability:

Insurance provided shall be in accordance with
PART C
ADVERTISING:

No signs or advertisements shall be displayed on the work site except with the prior approval of the CONTRACTING OFFICER.

FEDERAL, STATE, AND LOCAL TAXES:

Except as may be otherwise provided in this contract, the contract price includes all applicable Federal, State, and Local taxes, and duties.

INSPECTION AND ACCEPTANCE OF WORK: (NOT APPLICABLE)
All work on improvements shal l be subject to inspection by the CONTRACTING OFFICER during and upon completion of construction and to approval and acceptance by such representative on behalf of the COUNTY, if said work is found to be in accordance with the CONTRACT.

When all work comprised in this contract has been completed, including cleanup and restoration, the CONTRACTOR shall so notify the CONTRACTING OFFICER in writing; the CONTRACTING OFFICER will then make a final inspection. When defects, errors, and omissions disclosed by th e final inspection have been corrected, acceptance will be given in writing, but until such acceptance, the CONTRACTOR shall be responsible for the work covered by this contract.

ERRORS AND OMISSIONS:

The CONTRACTOR shall, immediately upon his discovery of any statement or detail which is discrepant, or which otherwise appears to be in error, bring the same to the attention of the CONTRACTING OFFICER for decision or correction. Full instructions will always be given if such error or omission is discovered.

INTENT OF DOCUMENTS:

It is the spirit and intent of these documents, specifications, and of any drawings forming part of them, to provide that the work and all parts thereof shall be fully completed and suitable in every way for the purpose for which designed, and that all parts of the work shall be of a quality be of a quality comparable and consistent with the general industry standards. The CONTRACTOR shall supply all materials and do all work which reasonably may be implied as being incidental to the wo rk of this contract.
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DISPUTES:

A. Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the CONTRACTING OFFICER who shall reduce his decision to writing and mail or otherwise furnish a copy thereof to the CONTRACTOR.

The decision of the CONTRACTING OFFICER shall be final and conclusive unless, within thirty (30) days from the date of receipt of such copy, the CONTRACTOR mails or otherwise furnishes to the CONTRACTING OFF ICER a written appeal addressed to the COUNTY. The decision of the COUNTY for determination of such appeals shall be final and conclusive. In connection with any appeal proceeding under this article, the CONTRACTOR shall be afforded an opportunity to be heard and to offer evidence in support of his appeal. Pending final decision of a dispute hereunder, the CONTRACTOR shall proceed diligently with the performance of the contract and in accordance with the CONTRACTING OFFICER'S decision.

B. This DISPUTES article does not preclude consideration of questions of law in connection with decisions provided for in Paragraph A above. Nothing in this contract, however, shall be construed as making final the decision of any administrative, official, representative, or board on a question of law.

COMPLIANCE WITH FEDERAL EMPLOYMENT REGULATIONS:

A. Federal law requires that employers must verify that an individual whom they plan to employ or continue to employ in the United States is authorized to accept employment in the United States.

B. By submitting a bid/proposal in response to this solicitation, the Proposer/Contractor certifies that no person will be employed on this project in any manner, including sub -contractors and suppliers, that is not eligible to work in the United States, or whose employment is in violation of State or federal law. The Contractor has sole responsible for compliance with this requirement.

C. Violation of this requirement may result in termination of the Contract, a penalty of $1,000 per day or o ccurrence, whichever is higher, and/or reporting of the violation to the appropriate authorities.

* * * * * END OF GENERAL PROVISIONS * * * * *
PART B – SPECIAL PROVISIONS

1.0 GENERAL

BACKGROUND
The primary purpose of this procurement is to have Contractor(s) provide and deliver medical, health and safety, surgical, and first aid related equipment, supplies, accessories, and services on an “as -needed” basis. As described herein these services are on an as -needed basis w ith no minimum quantity guaranteed. The contract(s) resulting from this solicitation will have no monetary value.

OPEN MARKET
Charles County Government reserves the right to obtain service from Contractors or suppliers other than the Contractor if the estimated cost of the service or parts, materials, and equipment appears unreasonable or on any emergency basis. Using other Contractors shall not void the conditions of this Contract, nor shall it hold the Contractor liable for any additional costs assumed by Charles County Government by procuring on the open market.

2.0 SCOPE OF SERVICES

PRODUCTS
The County reserves the right to add or delete items available on the contract. The Contractor shall ensure high quality of goods that are new and unused unless otherwise requested by the County. Factory seconds or remanufactured products will not be accepted unless specifically requested by the County in writing. All products provided by the company must meet all Federal, State, and Local standards for qua lity and safety requirements. Products not meeting these standards will be deemed unacceptable and returned to the Contractor for credit at no charge to the County.

PRODUCTS AUTHENTICITY
The Contractor shall purchase goods directly from the original manufa cturer of such products or from authorized distributors of such products that provide the distribution channel(s) and chain of custody of the products (the “Tracking Report”). The Tracking Report will track the source of the product back to the original manufacturer and authenticate the distribution process in a manner similar to pedigree tracking systems for pharmaceutical products. Distributor shall provide the Tracking Report for each Product upon request by and shall provide security and control systems to protect against Product tampering.

Distributor represents that any Tracking Report it prepares is accurate and in full compliance with state and federal regulations. 158
Medical Supplies RFP #22-42

CUSTOMER SERVICE & REQUIREMENTS
The Contractor(s) shall have a 24 -hour “on-call” emergency number for emergency situations that the County can call and speak with someone. There shall be no separate cost to the County for this service. The Contractor shall also:

1. Have two (2) full time local outside sales representation in Maryland

2. Be FDA and ISO certified Kitting facility

3. Attend regularly scheduled meetings (on-site or virtual as requested by the County)

4. Have a full line distributor able to process pharmaceuticals including Class 2 & 4 items as well as pedigree products

5. Provide County staff training for new products for all work shift intervals

6. Be authorized distributor for all products

7. Provide recall information for all products

8. Maintain a warehouse with one hundred fifty (150) miles of the County delivery location stated in Part B, Section 2.5.2

9. Have a proven and sustainable disaster recovery plan

10. Be a Verified Accredited Wholesale Distributor (VAWD)

ONLINE ORDERING/SOFTWARE REQUIREMENTS
The County shall utilize purchase orders or small procurement cards to place orders in accordance with County purchasing code. There shall be no minimum ordering requirements. Simplified ordering of Class II Pharmaceuticals through the County’s secure e-222 Controlled Substances Ordering System (CSOS) without the supporting paper CEA Form 222 .

1. The Contractor(s) must be integrated with Operative IQ that shall allow for online ordering

2. Integration shall include expiration date and lot numbers

3. Integration shall allow for orders to be submitted directly to supplier

4. Integration shall provide product availability and pricing

5. Integration shall provide product expiration date and lot numbers for lot tracked items

6. The Primary Contractor shall provide the County with Operative IQ Narcotic Module for twelve (12) months at no charge

7. The solution shall show at minimum the item number, item description, item list price, item contract discount, and extended price

8. Allows multiple authorized users access to place orders

9. Allows items to be added/deleted

10. Prepare and generate reports including at minimum:
i. Order history
ii. Totals by product
iii. Monthly, quarterly, yearly order and expenditure reports iv. Backorder items
v. Refunds

11. Online catalog with clear item description and photos

12. Clear description of the unit of measure the item is sold (e.g. each, pack, etc.)

13. Have an ordering approval process where one County employee can enter an order and will route for approval from another County employee

14. Include order specific information such as when an item was ordered, shipped, & received

15. Provide historical information such as order history, invoice history, etc.

DELIVERY OF GOODS
The County reserves the right to cancel an order and/or refuse delivery acceptable if the items ordered are not furnished timely.

2.5.1 Shipping
The Contractor(s) shall ship all in stock items within twenty-four (24) hours of an order being placed. If an item is on backorder or not an in-stock item, the Contractor (s) shall notify the County representative within twenty-four (24) hours from identifying the problem. All orders shall include a shipping receipt that shall include at minimum, the followi ng information:

1. Contractor’s Name

2. Purchase Order # or State “Small Procurement Card Purchase”

3. RFP #

4. Date of Purchase

5. Itemized List of Items Furnished

6. Quantity, List Price, Discount, Extended Cost of Each Item 159
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7. Name of County Representative that Placed the Order

2.5.2 Location
Delivery location is 9375 Chesapeake Street, Suite 123, La Plata, MD 20646 unless otherwise requested in writing by the County. All deliveries received must be offloaded and delivered inside the building at the Contractors expense. All d eliveries shall be signed for by a County Representative. There is no loading dock or pallet jack, so no shipped items shall be made via freight.

2.5.3 Time
Deliveries are accepted Monday through Friday from 8:00 a.m. through 4:30 p.m . (eastern time) , except on holidays or otherwise requested by the County.

2.5.4 Issues & Damaged Goods
Items received that are damaged will be either rejected at the time of delivery or as soon as noticed. The County will not be charged any fees for damaged or rejected goods.

INVOICES
Invoices shall be net thirty (30) days and mailed to: Charles County Gove rnment, Department of Emergency Services, 200 Baltimore Street, La Plata, MD 20646 , emailed to [email protected] and emailed to other County email addresses as established after contract execution. Invoices shall at minimum include the RFP#, vendor name, date order was made, and itemized pricing.

DOCUMENT RETENTION
The Contractor(s) shall retain all books, records, and other documents relative to award for five (5) years after final payment, or until audited. The County, its authorized agents, and/or state auditors shall have full access to and the right to examine any materials during this period.

3.0 PROPOSAL ITEM DESCRIPTIONS
Proposal item quantities are estimated and not guaranteed. The Cost Proposal Form establishes the unit price and/or percentage discount to be paid for each proposal item. The Offeror agrees that the prices represent a true measure of the labor, shipping, materials, and services required to provide the specified item, including allowances for overhead and profit for each type and unit of work provided.

BID ITEMS – SECTION A
For Section A on the Cost Proposal Form, the Offeror shall provide pricing rounded to the nearest whole cent (e.g., $.01) along with percentage discount rounded to the nearest hundredth (e.g. 25.15%). The Offeror must provide pricing and percentage discount for all items listed in this section.

BID ITEMS – SECTION B
For Section B on the Cost Proposal Form, the Offeror shall provide percentage discounts rounded to the nearest hundredth (e.g. 25.15%). The percentage discount shall be applied to the list price of items purchased not specified in Bid Item - Section A. The Offeror can specify “N/A” for items not available or offered.

********END OF SPECIAL PROVISIONS*******

PART C – INSURANCE

1. The Contractor shall provide, at their expense with companies acceptable to the County, and pay premiums for the following insurance:

Applicable Provision
Commercial Automobile
Commercial automobile bodily injury and property damage insurance covering all vehicles whether owned, hired, or non-owned operated by/or on behalf of the Contractor in the performance of this contract with not less than the following units:
i. Bodily Injury: $1,000,000 per person
$2,000,000 per occurrence
ii. Property Damage: $500,000 per occurrence
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Worker’s Compensation In compliance with Maryland Statutory Liability Commercial General
Liability
Minimum limits of: $1,000,000 (combined personal injury and/or property damage) per occurrence subject to $2,000,000 aggregate.

Employers Liability
Insurance:
i. $500,000 each accident for injury
ii. $500,000 each employee, $500,000 aggregate for disease

Umbrella excess liability
insurance or excess
liability insurance
$5,000,000 each occurrence/ $5,000,000 aggregate
Professional Liability
Professional liability insurance to include Errors & Omissions coverage with a limit of not less than $1,000,000 per occurrence subject to $2,000,000 aggregate.

Builder’s Risk Insurance
The Contractor shall purchase and maintain, in a company or companies, lawfully authorized to do business in the State of Maryland, property insurance written on a builders’ risk “all risk” or equivalent policy form in the amount of the initial contract sum, plus the value of subsequent contract modifications and cost of materials supplied or installed by others, comprising the total value for the entire project at the site on a replacement cost basis. Such property insurance shall be maintained, unless otherwise provided in the contract documents, until final completion and acceptance by the County. This insurance shall list the County Commissioners of Charles County as the Name of Insured on such builder’s risk policy.

This insurance shall be on an “all risk” or equivalent policy form and shall include, without limitation, insurance against the perils of fire and physical loss or damage including, without duplication of coverage, property in transit, property stored on or off site, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary building and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation of Architect’s and Contractor’s services and expenses required as a result of such insured loss.

Pollution Liability Minimum limits of $1,000,000.00 per occurrence and $2,000.000.00 annual aggregate.

Marine Liability Minimum limits of $1,000,000.00 per occurrence and $2,000.000.00 annual aggregate.

Environmental Insurance Includes pollution and use of chemicals in an amount not less than $2,000,000 per occurrence and $3,000,000 annual aggregate.

Cyber Insurance Minimum limits of $1,000,000.00 per occurrence and $2,000.000.00 annual aggregate.

2. Each such policy shall be from an insurance company licensed to do business in the State of Maryland and which has a policyholder’s rating of A or better and a financial size of X or larger from Best’s Key Rating Guide.

3. The Contractor shall provide the C ounty with Certificates of Insurance and supported by endorsement evidencing the coverage required by this solicitation prior to award of a contract. All Certificates shall reference the solicitation name and number and have an ending date that covers the entire contract term or extension period. The following certificates shall name “The County Commissioners of Charles County” (or other name as directed by the County) as an additional named insured:

A. Commercial automobile bodily injury and property damage insurance B. Commercial General Liability
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C. Builder’s Risk
D. Excess Umbrella Liability

4. If the insurance obtained requires deductibles, the Contractor shall pay all costs not covered because of such deductibles.

Providing insurance as required herein does not rel ieve the Contractor of any responsibility or obligations ensuing as a result of the contract award, or for which the Contractor may be liable by law or otherwise. Proof of Insurance will be required and must be submitted prior to final execution of the Con tract by Charles County Government. The Contractor shall be solely responsible for all work performed by subcontractors related to any contract awarded as a result of this solicitation, including but not limited to errors, omissions, and neglect.

5. The providing of any insurance required herein does not relieve the successful Offeror of any of the responsibilities or obligations assumed by the Offeror in the Contract awarded or for which the Offeror may be liable by law or otherwise.

6. Failure to provide and continue in force such insurance as required above shall be deemed a material breach of the Contract and shall operate as an immediate termination thereof.
162

Charles County Commissioners

PREPARED BY:

Charles County Government
Department of Fiscal & Administrative Services
Jenifer Ellin, Director
Shanna Reese, Chief of Purchasing
200 Baltimore Street ⚫ La Plata, Maryland 20646
MD Relay: 711 ⚫ Relay TDD: 1-800-735-2258

www.CharlesCountyMD.gov

Mission Statement: The mission of the Charles County Government is to provide our citizens the highest quality of service possible in a timely, efficient, and courteous manner. To achieve this goal, our government must be operated in an open and accessible atmosphere, be based on comprehensive long- and short-term planning, and have an appropriate managerial organization tempered by fiscal responsibility.

We support and encourage efforts to grow a diverse workplace.

Vision Statement: Charles County is a place where all people thrive and businesses grow and prosper; where the preservation of our heritage and environment is paramount; where government services to its citizens are provided at the highest level of excellence; and where the quality of life is the best in the nation.

Equal Opportunity Employer: It is the policy of Charles County to provide equal employment opportunity to all persons regardless of race, color, sex, age, national origin, religious or political affiliation or opinion, disability, marital status, sexual orientation, genetic information, gender identity or expression, or any other status protected by law.

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RFP 22-42 – ADDENDUM #1 March 31, 2022

CHARLES COUNTY GOVERNMENT
Department of Fiscal and Administrative Services - Purchasing Division Telephone: 301-645-0656
RFP No. 22-42 – Medical Supplies

ADDENDUM NUMBER ONE
TO: All Offerors
Be advised of the following modification(s) & information related to Request for Proposals (RFP) 22-

42. These modifications, comments, and attachments are hereby made a part of the solicitation documents to the same extent as if bound therein.

1. Changes – RFP Solicitation
A. Part A, Section 1.2 – Proposal Submission Instructions & Forms Delete forms provided in “RFP 22-42 – Forms – 220317.docx” in its entirety and replace with RFP 22-42 – Revised Forms – 220331.docx and RFP 22-42 – Revised Cost Proposal Form – 220331.xlsx available on the County’s Bid Board.

Cost Proposal Form has been revised. It has been updated and is now in MS Excel.

B. Part B, Section 2.4, Item 8
Delete the strikethrough text and add the bold italicized text:

8. Maintain a warehouse with one hundred fifty within two hundred (200) miles of the County delivery location stated in Part B, Section 2.5.2.

2. Clarification
A. The term “List Price” in the RFP solicitation document and Cost Proposal Form shall refer to the retail price.
***END OF ADDENDUM***
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RFP 22-42 – REVISED FORMS – 220331.docx
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Medical Supplies RFP #22-42

Vendor Questionnaire
In an effort to improve the quality of service to the vendor/contractor/consultant community, the Fiscal & Administrative Services Department - Purchasing Division is welcoming you to complete this questionnaire after the specific procurement process in which you participated in is finalized.

Please return the completed questionnaire to: Charles County Government, Attn: Purchasing Division, 200 Baltimore St., La Plata, MD 20646; or via email at: [email protected].

For the following series of statements, please indicate the degree in which you agree/disagree with the statement.

1. Procurement process-based statements Strongly
Disagree Neutral Strongly
Agree
The terms and conditions in the solicitation (RFQ,
ITB, RFP, etc.) were clear and concise. ☐ ☐ ☐ ☐ ☒
The technical specifications or scope of work in
the solicitation (RFQ, ITB, RFP, etc.) were clear
and concise.
☐ ☐ ☐ ☐ ☒
Adequate time was allotted for responding to the
solicitation (RFQ, ITB, RFP, etc.). ☐ ☐ ☐ ☐ ☒
Your inquiries and concerns were addressed in a
timely and professional manner. ☐ ☐ ☐ ☐ ☒
You were treated in a friendly and professional
manner by Purchasing staff. ☐ ☐ ☐ ☐ ☒
You would respond to future solicitations issued
by this office. ☐ ☐ ☐ ☐ ☒
A. If you have chosen to not respond to a solicitation in the past, please indicate your reason(s) below:
Other commitments precluded participation at the time Inexperienced in the work/commodities required
Specifications were unclear, too restrictive, etc. (Explain in COMMENTS section) Doing business with the County is simply too complicated (Explain in COMMENTS section) We cannot be competitive (Explain in COMMENTS section) Time allotted for completion of the Quote/Bid/Proposal is insufficient Bonding/Insurance requirements are restrictive (Explain in COMMENTS section) Bid requirements (other than specifications) are unreasonable (Explain in COMMENTS section) MBE or SLBE requirements (Explain in COMMENTS section) Prior County contract experience was unprofitable or otherwise unsatisfactory (Explain in COMMENTS section) Other reasons: __________________________________________________________________ Comments:

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ADDENDUM CERTIFICATION FORM
***Note N/A if Not Applicable. ***

The undersigned acknowledges County issued addendums:

Signature: Date: 4/20/2022

Name & Title: Shawn Saylor, CFO

Solicitation #: 22-42 Solicitation Name: Medical Supplies

Bidder/Offeror/Quoter:

Addendum Number: Date of Addendum:
1 3/31/2022

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Medical Supplies RFP #22-42

REFERENCE FORM #1

Bidder/Offeror/Quoter must provide references for projects similar in nature and scope to the work required in the solicitation document. Fields expand as content is typed Incomplete forms may be deemed non-responsive.

This form may be duplicated if additional space is required.

Solicitation #: 22-42 Solicitation Name: Medical Supplies

Bidder/Offeror/Quoter: *Please see attached References Page*

Reference #: 1 Jurisdiction/Entity Name:

Address: Phone:

Fax:

Email:

Contact Person: Title:

Project Name:

Describe in detail the project including the work performed:

Describe in detail how the work performed relates to the work in this solicitation:

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REFERENCE FORM #2

Bidder/Offeror/Quoter must provide references for projects similar in nature and scope to the work required in the solicitation document. Fields expand as content is typed Incomplete forms may be deemed non-responsive.

This form may be duplicated if additional space is required.

Solicitation #: 22-42 Solicitation Name: Medical Supplies

Bidder/Offeror/Quoter: *Please see attached References Page*

Reference #: 2 Jurisdiction/Entity Name:

Address: Phone:

Fax:

Email:

Contact Person: Title:

Project Name:

Describe in detail the project including the work performed:

Describe in detail how the work performed relates to the work in this solicitation:

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REFERENCE FORM #3

Bidder/Offeror/Quoter must provide references for projects similar in nature and scope to the work required in the solicitation document. Fields expand as content is typed Incomplete forms may be deemed non-responsive.

This form may be duplicated if additional space is required.

Solicitation #: 22-42 Solicitation Name: Medical Supplies

Bidder/Offeror/Quoter: *Please see attached References Page*

Reference #: 3 Jurisdiction/Entity Name:

Address: Phone:

Fax:

Email:

Contact Person: Title:

Project Name:

Describe in detail the project including the work performed:

Describe in detail how the work performed relates to the work in this solicitation:

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Medical Supplies RFP #22-42

REFERENCE FORM #4

Bidder/Offeror/Quoter must provide references for projects similar in nature and scope to the work required in the solicitation document. Fields expand as content is typed Incomplete forms may be deemed non-responsive.

This form may be duplicated if additional space is required.

‘
Solicitation #: 22-42 Solicitation Name: Medical Supplies

Bidder/Offeror/Quoter: *Please see attached References Page*

Reference #: 4 Jurisdiction/Entity Name:

Address: Phone:

Fax:

Email:

Contact Person: Title:

Project Name:

Describe in detail the project including the work performed:

Describe in detail how the work performed relates to the work in this solicitation:

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REFERENCE FORM #5

Bidder/Offeror/Quoter must provide references for projects similar in nature and scope to the work required in the solicitation document. Fields expand as content is typed Incomplete forms may be deemed non-responsive.

This form may be duplicated if additional space is required.

Solicitation #: 22-42 Solicitation Name: Medical Supplies

Bidder/Offeror/Quoter: *Please see attached References Page*

Reference #: 5 Jurisdiction/Entity Name:

Address: Phone:

Fax:

Email:

Contact Person: Title:

Project Name:

Describe in detail the project including the work performed:

Describe in detail how the work performed relates to the work in this solicitation:

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REFERENCE FORM #

Bidder/Offeror/Quoter must provide references for projects similar in nature and scope to the work required in the solicitation document. Fields expand as content is typed Incomplete forms may be deemed non-responsive.

This form may be duplicated if additional space is required.

Solicitation #: 22-42 Solicitation Name: Medical Supplies

Bidder/Offeror/Quoter: *Please see attached References Page*

Reference #: Jurisdiction/Entity Name:

Address: Phone:

Fax:

Email:

Contact Person: Title:

Project Name:

Describe in detail the project including the work performed:

Describe in detail how the work performed relates to the work in this solicitation:

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PROPOSED SUB-CONTRACTORS FORM
***Note N/A if Not Applicable. This form may be duplicated if additional space is required***

The undersigned certifies the accuracy of the content provided on the Proposed Sub-Contractors Form:

Signature: Date:

Name & Title:

Solicitation #: 22-42 Solicitation Name: Medical Supplies

Bidder/Offeror/Quoter: N/A

Sub #: Company/Firm Name: Percentage of Participation:

Minority Firm Minority Class: Non-Minority Firm

Address:

Products/Services:

Sub #: Company/Firm Name: Percentage of Participation:

Minority Firm Minority Class: Non-Minority Firm

Address:

Products/Services:

Sub #: Company/Firm Name: Percentage of Participation:

Minority Firm Minority Class: Non-Minority Firm

Address:

Products/Services:

Sub #: Company/Firm Name: Percentage of Participation:

Minority Firm Minority Class: Non-Minority Firm

Address:

Products/Services:

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MBE UTILIZATION AFFIDAVIT FORM
***Note N/A if Not Applicable. ***

NOTE: If the response to Question 2 is yes, please include a list on the next page of all MBE subcontractors, names and addresses, the nature of the services or supplies being furnished, percentage of the overall contract amount and complete the remainder of this form. If the response to Question 2 is no, please provide signature and title at bottom of form.

Total Bid/Proposal/Quote: $

Total Minority Business Enterprise Bid/Proposal Cost/Value/Amount: $

Percent of Total Minority Business Enterprise Contract: %

The undersigned certifies the accuracy of the content provided on the MBE Utilization Affidavit Form:

Signature: Date:

Name & Title:

Solicitation #: 22-42 Solicitation Name: Medical Supplies

Bidder/Offeror/Quoter: N/A

Provide the following information about your firm:

1. Certified Minority Business Enterprise? Yes No

a. Certified by: State of Maryland? Yes No

b. Federal 8-A Registration? Yes No

c. Charles County Local Government? Yes No

d. Other (please list)

Principle Owner’s Minority Class (please check):

African American Asian American Women Hispanic American

Native American Other (please list):

2. If the response to Question 1 is no, have Minority Business Enterprises provided services, or supplied any items associated with your response to this Request for Quotes, Request for Proposals, or Invitation to Bid? Yes No
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NON-COLLUSION AFFIDAVIT FORM

I do solemnly declare and affirm, under the penalties of perjury, the following:

1. That neither I, nor the best of my knowledge, information and belief, the Bidder/Offeror/Quoter, nor any officer, director, partner, member, associate or employee of the Bidder/Offeror/Quoter, nor any person in his behalf, has in any way agreed, connived or colluded with any one for and on behalf of the Bidder/Offeror/Quoter, to obtain information that would give the Bidder/Offeror/Quoter an unfair advantage over others, nor gain any favoritism in the award of this contract, nor in any way to produce a deceptive show of competition in the matter of bidding or award of this contract.

2. That neither I, nor the best of my knowledge, information and belief, the Bidder/Offeror/Quoter, nor any officer, director, partner, member, associate of the Bidder/Offeror/Quoter, nor any of its employees directly involved in obtaining contracts with the State of Maryland or any County or any subdivision of the State has been convicted of bribery, attempted bribery or conspiracy to bribe under the laws of any State or Federal Government of acts or omissions committed after July 1, 1977, except as noted below: All pursuant to Article 78A, Section 16D of the Annotated Code of Maryland.

Subscribed to and sworn to before me, a Notary Public of the

(state/district & county/city: e.g., Maryland, Charles County)

4/20/2022 ( date: e.g., January 1, 2022) first written above.

Notary Public My Commission Expire

Solicitation #: 22-42 Solicitation Name: Medical Supplies

Bidder/Offeror/Quoter: Bound Tree Medical LLC

Signature

Shawn Saylor, CFO
Name and Title of Signer

Bound Tree Medical LLC
Company

4/20/2022
Date

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Medical Supplies RFP #22-42

SMALL LOCAL BUSINESS ENTERPRISE (SLBE) UTILIZATION AFFIDAVIT

***Note N/A if Not Applicable. ***

Solicitation Information
Solicitation Name: Medical Supplies Solicitation #: 22-42

Part 1. Prime Bidder/Offeror SLBE Status
Name of Bidder/Offeror: N/A

Respond to the following questions:

Check One
Yes No

1. Is the Prime Contractor a Registered SLBE?
If Yes, identify the Bidder/Offeror’s SLBE Registration #:

2. If the response to Question 1 is “No”, is the Bidder/Offeror claiming SLBE preference based upon the use of registered SLBE(s) to provide services or items associated with the Bidder’s/Offeror’s Bid/Proposal? Yes No

NOTE: If the response to Question 2 is Yes, complete Part 2 below and the “SLBE Subcontractors Participation Schedule” form in Part 4.

Part 2. SLBE Subcontractor Participation
Provide the total value of SLBE work to be provided and complete the “SLBE Subcontractors Participation Schedule” form in Part 4 identifying the individual SLBE(s) and the amount of their intended involvement.

Total Bid/Proposal Price: $
Total SLBE Work – Bid/Proposal Value: $
Percentage of Total Work (Dollar Value) of SLBE(s): % Part 3. Certification of SLBE Preferences
By signing below, the BIDDER/OFFEROR certifies that it has complied with SLBE program requirements and during the course of the project will maintain all terms and conditions set forth in the SLBE forms, including the SLBE participation schedule and Letters of SLBE Intent. Additionally, the BIDDER/OFFEROR will notify the Chief of Purchasing within 72 hours via written notice if a subcontractor on the SLBE participation schedule is unable to perform work set forth in the schedule; and within 7 consecutive days of making the determination, make a written request to amend the SLBE participation schedule. The COUNTY shall be granted access to inspect any relevant matter related to SLBE Program compliance, including records and the jobsite and to interview subcontractors and workers. The BIDDER/OFFEROR is aware that noncompliance, as determined by the COUNTY, may result in the BIDDER/OFFEROR to take corrective actions and/or result in sanctions as set forth in the contract.

Signature Title Date
177
Medical Supplies RFP #22-42

If additional space is needed, please submit information on a separate sheet and attach hereto. For each registered SLBE subcontractor identified, complete an “Official Letter of SLBE Intent” form provided below.

Part 4. SLBE Subcontractors Participation Schedule
Instructions: Identify each registered SLBE subcontractor below, including SLBE registration numbers, Federal Employer Identification Numbers (FEINs), company names and addresses, the nature of the services or supplies being furnished, value of work to be performed by the SLBE, and the percentage of the overall project amount and complete the “Official Letter of SLBE Intent” with each SLBE subcontractor/joint-venture partner included in the schedule below.

SLBE
Registration #
FEIN or
Social Security #
Company Name
Address
Phone & Fax
Services to be Provided
Value of
SLBE Work
From Letter
of
Intent
SLBE % of
Contract
$ %
$ %
$ %
$ %
$ %
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Medical Supplies RFP #22-42

OFFICIAL LETTER OF SLBE INTENT

***Note N/A if Not Applicable. ***

A LETTER OF INTENT is required for each SLBE identified in Part 4 of the SMALL LOCAL BUSINESS ENTERPRISE (SLBE) UTILIZATION AFFIDAVIT. The LETTER OF INTENT must be signed by both the Bidder/Offeror and Registered SLBE Firm.

Solicitation Information
Solicitation Name: Medical Supplies Solicitation #: 22-42

Part 1. To be Completed by the Bidder/Offeror
Name of Bidder/Offeror: N/A
Address:

Contact Name/Title:

Telephone: Fax:

Email:

Identify the services to be performed or items to be supplied by the SLBE, including Bid Item (if applicable):

Value of Work to be Performed by the SLBE: $
Value of Work as a Percentage of Total Bid/Proposal Price: %

Part 2. To be Completed by the SLBE
Name of SLBE:

SLBE Registration #:

Address:

Contact Name/Title:

Telephone: Fax:

Email:

Part 3. Certification of SLBE Intent
The Bidder/Offeror certifies its intent to utilize the SLBE identified above for the effort identified in this bid/proposal, and that the work described above is accurate. Bidder/Offeror will provide the County with a copy of the related subcontract agreement and/or purchase order prior to commencement of the SLBE’s work. The SLBE firm certifies that it has agreed to provide such work identified and/or supplies for the amount stated above.

Bidder/Offeror:

Signature Title Date SLBE Firm Rep:

Signature Title Date 179
Medical Supplies RFP #22-42

SAMPLE CONTRACT
THIS CONTRACT, made on ____________________________________, by and between ___________________________________hereinafter called the CONTRACTOR, and the CHARLES COUNTY COMMISSIONERS, hereinafter called the COUNTY. The pa rties to this CONTRACT intend to form a CONTRACT under seal.

WHEREAS, the CONTRACTOR will provide the necessary services for RFP No. 22-42, MEDICAL SUPPLIES, in CHARLES COUNTY, MARYLAND subject to all conditions, covenants, stipulations, terms and provisi ons contained in the General Provisions and Special Provisions being in all respect made a part hereof, at and for a sum equal to the aggregate cost of the services, materials, and supplies done or furnished, at the prices and discounts respectively named therefore in the proposal, attached hereto; NOW, THEREFORE, THIS CONTRACT WITNESSETH, that the CONTRACTOR both hereby covenant and agree with the COUNTY that he will well and faithfully provide said necessary services for the individually listed unit prices and percentage discount shown on the COST PROPOSAL FORM in accordance with each and every one of the above-mentioned General Provisions and Special Provisions, at and for a sum equal to the aggregate cost of the services, materials, and supplies done and furnished at the prices and discounts respectively named therefore in the Contractor’s proposal dated (TBD) attached hereto and will well and faithfully comply with and perform each and every obligation imposed upon him by said General Provisions and Special Provisions.

The base term of the CONTRACT shall begin on the date of Contract Execution by the County and end on June 30, 2023, with an option for five (5) 1- year renewals at the sole option of the County. Each 1- year renewal shall commence on July 1 and end on June 30 of the following calendar year.

And the COUNTY doth hereby covenant and agree with the CONTRACTOR that it will pay to the CONTRACTOR when due and payable under the terms of said General Provisions and Special Provisions, the above-mentioned sum; and it will well and faithfully comply with and perform each and every obligation imposed upon it by said General Provisions and Special Provisions or the terms of said award.

180
Medical Supplies RFP #22-42

IN WITNESS WHEREOF, the parties hereto have set their hands and respective seals as of this day and year first above written:

XXXXXXXXXX XXXXXXXXX XXXXX

By (Signature): (SEAL)

COUNTY COMMISSIONERS OF CHARLES

COUNTY, MARYLAND

By:

Printed Name/Title:

TBD

(Date)

(Date)
(Address)

Approved as to Form and Legal Sufficiency:

(City, State, Zip Code)

(SEAL)

TBD

(Secretary)

(Date)

(Witness)

(Date)

NOTES:

IF CONTRACTOR IS A CORPORATION, THE CORPORATE SECRETARY MUST ALSO SIGN, AND THE CORPORATE SEAL MUST BE IMPRESSED. IF THE CORPORATION DOES NOT POSSESS A SEAL, SIGNATORIES MUST “CIRCLE” THE WORD (SEAL) AND INITIAL.

BUSINESS ENTITIES OTHER THAN CORPORATIONS MUST SIGN, “CIRCLE” THE WORD (SEAL), AND INITIAL. SIGNATURES MUST BE WITNESSED AND DATED.

181
RFP 22-42 – QUESTIONS AND RESPONSES #1 March 31, 2022

CHARLES COUNTY GOVERNMENT
Department of Fiscal and Administrative Services - Purchasing Division Telephone: 301-645-0656
RFP No. 22-29 – MEDICAL SUPPLIES

QUESTIONS AND RESPONSES NUMBER ONE
These questions and answers are being provided for informational purposes only and are not part of any resulting contract from this RFP.

A. PRE-PROPOSAL MEETING QUESTIONS RECEIVED
# Question Response
1 Would the County consider changing the 150 mile
warehouse requirement to include a warehouse that is
161 miles award from the delivery location?
Initial Response: The County will provide a
written response.

Clarification Response: This has changed. Refer to
Addendum 1, Item 1.B.
2 Who is your current supplier for this bid? The County does not have a current supplier for this bid.
4 By List price you are asking for our website List
price correct, the mfg. does not provide a list price?
Initial Response: The County will provide a
written response.

Clarification Response: The retail price. Refer to
Addendum 1, Item 2.A.
5 How much is the Operative IQ currently? Approximately $3,000.00 6 The non-primary awardees do not have to pay the
cost for Operative IQ, correct. Correct.

B. WRITTEN QUESTIONS RECEIVED
# Question Response
1 Per section 2.3 CUSTOMER SERVICE &
REQUIREMENTS:
#8 Maintain a warehouse within 150 miles of
delivery location. Our warehouse is 161 miles from
the delivery location, will our bid be considered?
This has changed. Refer to Addendum 1, Item 1.B.
2 Who is your current supplier for this bid? The County does not have a current supplier for this bid.
3 Do you have Pricing section A in an excel format
with formula’s in the columns? Yes. It is available on the County Bid Board. 4 By List price you are asking for our website List
price correct, the mfg. does not provide a list price? The retail price. Refer to Addendum 1, Item 2.A. 5 Does the % discount need to be the same across all
lines in section A or can this vary by line item?
The discount for each Item # can vary. (e.g. A1 can
be a different percent discount than A2).
182
RFP 22-42 – QUESTIONS AND RESPONSES #1 March 31, 2022

6 Does the % discount offered in section A need to
match the same discount in section B for items from
same mfg.?
No.
7 Can you clarify: A2 DCI Adult Sensor need to know
mfg. part # there are a few to chose from?
No mfg part number is available. This is a Rainbow
Reusable DCI Spot-Check sensor, 3ft cable made
by Masimo.
8 Can you clarify: A5 Electrode red dot need more
information, either mfg. product code, or better
description, how many per pack?
This has been clarified. Refer to the Addendum 1,
Item 1.A – Revised Cost Proposal Form.
9 Can you clarify: A8 O2 mx Bitrac ED Mas, w Neb
need a mfg. part # there are many variations.

This has been clarified. Refer to the Addendum 1,
Item 1.A – Revised Cost Proposal Form.
10 Can you clarify: A18 IV Solution Dextrose, size? Or
mfg. product code?
This has been clarified. Refer to the Addendum 1,
Item 1.A – Revised Cost Proposal Form.
11 Can you clarify: A19- A21 Drugs, need dose and
Fentanyl is this amp or vial?
This has been clarified. Refer to the Addendum 1,
Item 1.A – Revised Cost Proposal Form.
12 Can you clarify: A25 IV Admin set is this 10drop, or 15 drop, or 60 drop, how many Y sites?
This has been clarified. Refer to the Addendum 1,
Item 1.A – Revised Cost Proposal Form.
13 Can you clarify: A26 Auto BP cuff all sizes, each
size is a different price, either add the additional lines or state size for this line.

This has been clarified. Refer to the Addendum 1,
Item 1.A – Revised Cost Proposal Form.
14 Can you clarify: A27 Endotracheal tubes, these also
are different prices for 2.0 thru 5.0 and 5.0-10.0 need two lines.

This has been clarified. Refer to the Addendum 1,
Item 1.A – Revised Cost Proposal Form.
15 Can you clarify: A32 Hypo Needles all sizes are not
the same price, give size you would like a price for or add lines with all sizes.

This has been clarified. Refer to the Addendum 1,
Item 1.A – Revised Cost Proposal Form.

***END OF QUESTIONS & RESPONSES #1***
183
charles county
medical supplies
RFP 22-42
Due – April 22 2022
184
April 20, 2022
Charles County
200 Baltimore Street
Room#B130
La Plata, Maryland 20646
To Whom It
May Concern:

Bound Tree Medical is pleased to offer the attached proposal for the Charles County Bid for Medical Supplies
. Please review the following proposal for Bound Tree’s competitive bid pricing. We want to emphasize our continued commitment to you to provide the most complete offering of products and services.

The proposal
includes the following:
Proposal Information & Pricing, and Percent Off Information  BTM
Item Numbers & Descriptions
 BTM Pharmaceutical Advantage/ VAWD Certification
 BTM Price Increase Policy
 Disaster Program Information
 BTM University
 References
 Customer Service
 Distribution Center Information
 Return Policy
 Warranty Information
 Online Ordering Capabilities
 Sample COI
 W-9
We thank y
ou again for the opportunity to provide all your EMS equipment and information needs. If you require additional information, our contact information is below.

Tyler Crai
gStephen Gruenwald
Account Manager Pricing Analyst, Bids & Contracts
302-562-3625 614.760.5241
[email protected] Tyler.C
[email protected]
185

CHARLES COUNTY GOVERNMENT
Department of Fiscal & Administrative Services
Purchasing Division
Phone: 301-645-0656

NOTICE TO OFFERORS
REQUEST FOR PROPOSALS NO. 22-42

MEDICAL SUPPLIES
The County Commissioners of Charles County are hereby requesting sealed proposals from qualified contractors to provide medical supplies on an on -call as needed basis. Solicitation documents may be obtained on the County Bid Board located at www.CharlesCountyMD.gov.

Click on “Business”, and then “Online Bid Board”.

This solicitation is subject to the Small Local Business Enterprise Program (SLBE), in which registered Charles County SLBE firms responding to this solicitation may receive a preference in accordance with the provisions of the Program. Minority Business Enterprises are encouraged to respond to this solicitation.

The County Commissioners reserve the right to reject any or all proposals and to waive any informality in the proposals received when such waiver is in the best interest of Charles County.

Charles County Government is an Equal Opportunity Employer.

Shanna Reese
Chief of Purchasing
Publish one (1) time Issue of March 25, 2022
186
CHARLES COUNTY GOVERNMENT (CCG) – PURCHASING DIVISION

REQUEST FOR PROPOSALS (RFP) SUMMARY SHEET
RFP Number: 22-42 RFP Title: Medical Supplies
Description of Work: The County Commissioners of Charles County are hereby requesting sealed proposals from qualified firms to provide medical supplies on an as-needed basis.

Date of Issuance: 03/17/2022
Proposal Delivery Address: Sole Point of Contact /Purchasing Representative Information:

Charles County Government, Purchasing Division
Attn: Yaffa Seiden, Assistant Chief of Purchasing
200 Baltimore Street, Room #B130
La Plata, MD 20646
Name & Title: Yaffa Seiden, Assistant Chief of Purchasing Email: [email protected]
Solicitation Events
Pre-Proposal Meeting: Not Applicable Optional Mandatory Refer to Part A, Section 1.5.1 Registration: 03/29/2022 before 12:00 p.m. Eastern Time (ET) Date & Time: 03/30/2022 @ 10:00 a.m. ET
Location: Virtual
Last Day for Questions: 04/07/2022 before 8:00 a.m. ET Refer to Part A, Section 1.5.2 Proposal Due Date: 04/22/2022 before 11:00 a.m. ET Refer to Part A, Section 1.5.3 Technical Proposal Submission Package ~ Do Not Include Any Cost Information Technical Proposal Item Descriptions: Refer to Part A, Section 1.3 Complete Quantities: Four (4) unbound copies & One redacted copy, if redaction requested Technical Proposal Package:

Tab 1 – Project Understanding
Tab 2 – Organizational Structure
Tab 3 – Company Profile
Tab 4 – Ordering/Software
Tab 5 – Disaster Recovery Plan
Tab 6 – Assumptions & Expectations
Tab 7 – Existing Users
Tab 8 – Additional Items
Original Proposal Submission Package
Original Proposal Item Descriptions: Refer to Part A, Section 1.4 Complete Quantities: One unbound original, & One unbound copy, & One redacted copy, if redaction requested Original Proposal Package:

Cost Proposal Form
Reference Form - 5
Addendum Certification Form
Non-Collusion Affidavit
MBE Utilization Affidavit Form
Proposed Sub-Contractors Form
SLBE Certification Form (if applicable)
Official Letter of SLBE Intent (if applicable)
Licenses and Certifications
Bid Bond
Provision Requirements
Insurance: Refer to Part C Evaluation Details: Refer to Part A, Section 2.0 General Provisions: Refer to Part A, Section 4.0
Contract Term:

Refer to Part A, Section 3.2
Beginning the day, the contract is executed by the County through June 30, 202 3, with six (6) one- year optional renewals at the sole option of the County.

Price Adjustment: Yes, Refer to Part A, Section 3.3 Not Applicable CCG MBE/SLBE Contact: Economic Development Department at (301) 885-1340 x2202 MBE/SLBE Directory: http://www.meetcharlescounty.com/local-minority-business-programs/ MBE Goal: Yes, Aspirational 25% - Refer to Part A, Section 1.4.2 Not Applicable/Exempt SLBE Program Applicable: Yes, Refer to Part A, Section 1.4.3 Not Applicable/Exempt NOTE: Times and dates are subject to change due to extenuating circumstances, including inclement weather. Offerors may obtain County operating status by calling 301-645-0600 (meeting times cannot be verified at this number) or by referring to County operations status updates on the Charles County Government website at http://www.CharlesCountyMD.gov. 187
Table of Contents
PART A – INSTRUCTIONS, PROVISIONS, AND NOTICES

1.0 PROPOSAL INSTRUCTIONS .................................................................................... 1

2.0 PROPOSAL EVALUATION PANEL AND CRITERIA FOR EVALUATION ..... 6

3.0 AWARD AND CONTRACT FORMATION .............................................................. 7

4.0 GENERAL PROVISIONS .......................................................................................... 10 PART B – SPECIAL PROVISIONS

1.0 GENERAL .................................................................................................................... 18

2.0 SCOPE OF SERVICES ............................................................................................... 18

3.0 PROPOSAL ITEM DESCRIPTIONS ....................................................................... 20 PART C – INSURANCE
188
Medical Supplies RFP #22-42

PART A – INSTRUCTIONS, PROVISIONS, AND NOTICES

1.0 PROPOSAL INSTRUCTIONS

PROPOSAL SUBMISSION CONDITIONS
Refer to the Summary Sheet for the proposal submission location, due date , and time. Late s ubmission, modification, or withdrawal of proposals after the due date/time will NOT be considered. Offerors are solely responsible for timely delivery of their proposal submission.

Proposals shall be valid and irrevocable for a minimum of one hundred -twenty (120) consecutive calendar days from the due date. An Offeror may submit only (1) proposal in response to this RFP.

If the County is closed for business when proposals are due, for whatever reasons, sealed proposals will be accepted on the next business day the County is open, at the originally scheduled due date and time. Offerors shall monitor the Bid Board for schedule changes issued via addendum.

NOTE: Due to Charles County mail processing, additional time may be necessary for mail delivery. It is the Offeror’s sole responsibility to ensure that proposals are submitted timely and to the appropriate location. Acceptable delivery methods are by courier, in-person hand delivered, United States Postal Service, United Parcel Service or Federal Express. Other methods of delivery shall not be accepted.

PROPOSAL SUBMISSION INSTRUCTIONS & FORMS
Any information identified as “Confidential” shall be noted by reference and appended to the Proposal Submission. Each item identified as “Confidential” shall be accompanied by an explanation. Refer to Part A, Section 3.13.

Forms listed in the Summary Sheet are published separately in an electronically fillable format, which are available with the other solicitation documents on the Charles County Bid Board.

1. RFP 22-42 – Forms – 220317.docx
Forms are available for download from the Charles County Bid Board via the County’s website by following these steps:

1. Go to http://www.CharlesCountyMD.gov/.

2. Click on “Business”.

3. Click on “Online Bid Board”.

TECHNICAL PROPOSAL PACKAGE
Offerors shall submit copies specified on the Summary Sheet of the Technical Proposal package in a sealed envelope separate from the Original Proposal package labeled with the Company’s name and address and marked “Technical Proposal”. Cost information shall not be included in the Technical Proposal.

1.3.1 Technical Proposal Package Content
At a minimum, eac h technical proposal shall include the following items in the stated order; all pages shall be numbered; using font size of eleven (11) point or larger, printed one -sided on 8.5 x 11 size paper, and all the listed components must be included. Do not provid e references to other section/tabs, documents or websites for the information required; information should be specifically included in the RFP response. Technical proposals which do not include all components or use the proper format may be considered non-responsive and therefore not reviewed or considered for award.

Provide a Table of Contents with the specified tabs, page numbers, and content below for each tab.

1. Tab 1 – Project Understanding:

Briefly provide a summary of the proposal stating the offeror’s understanding of the requirements.

2. Tab 2 – Organizational Structure:

Offerors shall provide an organization chart both graphically and in narrative format, that provides a description of the Offeror’s proposed organizational structure for this project. The organizational chart shall depict the relationship of its key personnel roles and other key members of the management team. The organizational chart shall provide the names of the proposed staff for each position on the chart along with there certifications. 189
Medical Supplies RFP #22-42

3. Tab 3 – Company Profile:

Offerors shall provide a company profile of company locations and services provided at those locations.

4. Tab 4 – Ordering/Software:
a) Describe your software technology ordering process such as how users are adde d, how approvers are set up, and so on.
b) Describe the information that is listed in your software solution such as provides list pricing, contract percent discount, extended price, etc.
c) Describe your training plan and process.
d) Describe ordering process, software solution, etc.
e) Describe product delivery process & include the number of calendar days it will take an order to ship for in stock and out of stock (backordered) items.
f) Describe product error corrective action plan
g) Describe timeline between when orders are placed to when they are delivered & backorder pr ocedures h) Describe reports
i) Describe the products available

5. Tab 5 – Disaster Recovery Plan:

Describe your disaster recovery plan. Provide examples when disaster recovery plan was utilized , how long it was used, how it was initiated, etc.

6. Tab 6 – Assumptions & Expectations:

Provide all key assumptions you are making. List all expectations of County involvement for successful execution of your solution.

7. Tab 7 – Existing Users:

Provide a list of existing government entities you are providing similar services for. Include at minimum, the state, city, and time services have been provided. Explain how they align to the requirements listed in this RFP solicitation document.

8. Tab 8 – Additional Items:

Other information you think is important for consideration in the evaluation of proposals.

ORIGINAL PROPOSAL PACKAGE
Offerors shall copies specified on the Summary Sheet of the Original Proposal package in a sealed envelope separate from the Technical Proposal package labeled with the Company’s name and address and marked “Original Proposal”.

The Original Proposal Package shall include all items identified on the Summary Sheet.

1.4.1 Cost Proposal Form
Cost proposals shall be submitted on the Cost Proposal Form. All blank spaces of the form shall be fully completed in legible ink or typewritten. All blank spaces of the form shall be fully completed in legible ink or typewritten.

If the Offeror is not bidding on an item on the Cost Proposal Form, the Offeror shall notate that by writing “N/A” in the Total Price or Percentage Discount columns.

The Offeror shall provide pricing and percentage discount as specified on the Cost Proposal Form. Prices shall include all profit, overhead, shipping, equipment, transportation cost, etc. There shall be no hidden costs. Such pricing shall cover all services and materials to be provided as part of this Contract as specified in this solicitation.

For Section A on the Cost Proposal Form , the Offeror shall provide pri cing rounded to the nearest whole cent (e.g., $.01) along with percentage discount rounded to the nearest hundredth (e.g. 25.15%). For Section B on the Cost Proposal Form, the Offeror shall provide percentage discounts rounded to the nearest hundredth (e.g. 25.15%).

The Cost Proposal Form states the Offeror is or will be licensed to do business in the State of Maryland prior to contract award, and that the Offeror has complied with and takes no exceptions to all requirements of the RFP. The Cost Proposal Form must be signed by the company official authorized to enter into binding contracts. Any information identified as “Confidential” shall 190
Medical Supplies RFP #22-42

be noted by reference and appended to the Cost Proposal Form. Each item identified as “Confidential” shall be accompanied by an explanation. Refer to Part A, Section 3.13.

1.4.2 Minority Business Enterprise (MBE) Program – MBE Utilization Affidavit Form This form shall be completed in legible ink or typewritten. “NA” shall be noted on the form if it is Not Applicable.

Charles County Government has established an MBE Program which applies to all formal solicitations. There is an aspirational goal of 25% MBE participation for each project. Certified MBEs are encouraged to respond.

The County recognizes, as Minorities, the following groups: African Am ericans; American Indians/Native Americans; Asians; Hispanics; Women; Physically or Mentally Disabled persons and Disabled American Veterans. The County will automatically recognize MBE status for any firm certified by the Maryland Department of Transporta tion (MDOT), Federal 8-A registration or Charles County Government.

The awarded Offeror shall be required to report MBE Utilization to the County post award on the County’s “MBE Utilization – Post Award” form, if they have proposed any MBE usage.

1.4.3 Small Local Business Enterprise (SLBE) Program – SLBE Certification Form & SLBE Letter of Intent – Refer to Summary Sheet Regarding Applicability
If marked “Applicable” on the Summary Sheet, this form shall be completed in legible ink or typewritten. “NA” shall b e noted on the form if it is Not Applicable.

Charles County Government has established a Small Local Business Enterprise (SLBE) Program, which registered Charles County SLBE firms responding to this solicitation may receive a preference in accordance with the provisions of the Program that may apply to a formal solicitation resulting in an award of less than $500,000.00 if they:
• Are registered in the Charles County SLBE Program and eligible in all other respects, at the time the firm’s proposal is submitted.
• Complete the required SLBE forms and indicate their SLBE status. • Are susceptible for award for a contract valued less than $500,000.00.

Registered Charles County SLBEs must meet all the same requirements of non-SLBE offerors. Firms must have completed the registration process and have achieved full SLBE status by the due date for proposals, in order to receive consideration as a SLBE during the evaluation of proposals.

1.4.4 Reference Form
Offerors shall be required to complete and submit the Reference Form. Offerors shall demonstrate at least five (5) years of experience and provide service summaries for a minimum of five (5) representative services over the past five (5) years in each category below. Experience of subcontractors may not be used as experience of the prime. Representative services shall reflect the capabilities of the Offeror serving in a prime capacity. Within each category below please include a variety of references reflecting the Offerors role:
a) Provided medical supplies on an as needed basis

1.4.5 Addendum Certification Form
Offerors shall be required to complete and submit the Addendum Certification Form. “NA” shall be noted on the form if it is Not Applicable.

1.4.6 Proposed Sub-Contractors Form
Offerors shall be required to complete and submit the Proposed Sub-Contractors Form. “NA” shall be noted on the form if it is Not Applicable.

1.4.7 Non-Collusion Affidavit
Offerors shall be required to complete and submit the Non-Collusion Affidavit Form.

SOLICITATION EVENTS (AS NOTED APPLICABLE)

1.5.1 Pre-Proposal Meeting
Firms must register in advance to attend the pre-proposal meeting. To register, email the Purchasing Representative specified on the Summary Sheet their company name and participant(s) name(s), email address(es), and telephone number(s).

Participation instructions shall be provi ded to registered participants the day before the pre -proposal meeting. The attendance roster will be published on the County’s Bid Board. Refer to the Summary Sheet for registration, date and time, and location 191
Medical Supplies RFP #22-42

information.

1.5.2 Last Day for Questions
The County will not provide responses to questions after the deadline to submit questions specified on the Summary Sheet.

1.5.3 Proposals Due to County
Proposals shall be submitted to the County as stated on the Summary Sheet. There shall be no public opening of proposals.

OFFEROR CERTIFICATION OF ACCEPTANCE
By submitting a proposal in response to this RFP, the Offeror certifies their acceptance of all terms and conditions set forth within this document, which will be made a part of the final contract documentation. All work, if any, shown on the contract drawings, specifications, and reports referenced in the RFP or any Appendices is made part of this solicitation package.

INCURRING COSTS
The County is not liable for any costs incurred by the Offeror prior to full execution of the contract.

ADDITIONS/MODIFICATIONS TO SOLICITATION FORMS
Modifications of or additions to the Cost Proposal Form or any other County form may be cause for rejection of the proposal, however, the County reserves the right to decide on a case-by-case basis, in its sole discretion, whether or not to reject such a proposal as nonresponsive. As a pre condition to proposal acceptance, the County may, in its sole discretion, request that the Offeror withdraw or modify any such modifications or additions which do not affect quality, quantity, price, or delivery.

ALTERNATE OFFERS
Offerors must bid only one (1) product and one (1) price per bid item even though they feel they can offer more than one item that will meet the specifications. Offerors must determine for themselves which to offer. If a n offeror submits more than one (1) product and/or more than one (1) price for a given bid item or items, it may be cause for the bid items or items being bid upon to be considered non-responsive and rejected.
“OR EQUAL” INTERPRETATIONS
Identification of an item by manufacturer’s name, trade name, catalog number, or reference is intended to be description but not restrictive in that it is used for the purpose of describing they type, style, quality, performance, and minimum specifications of the product desired, and shall not be interpreted to mean the only acceptable product. Bids on other makes and/or models will be considered provided in the Cost Proposal Form what is being proposed and forwards with the bid complete descriptive literature indicating the character of the article being offered and addressing all specifications of this solicitation.

The County reserves the right to accept or reject, in its sole discretion, items offered as an “equal”.

OFFEROR INVESTIGATIONS
Prior to submitting a proposal, each Offeror shall make all investigations and examinations necessary to ascertain all conditions and requirements affecting the full performance of the contract and to verify any representations made by the County that the Offeror will rely upon. No pleas of ignorance of such conditions and requ irements resulting from failure to make such investigations and examinations will relieve the successful Offeror from its obligation to comply in every detail with all provisions and requirements of the contract documents or will be accepted as a basis for any claim whatsoever for any monetary consideration on the part of the successful Offeror.

SOLE POINT OF CONTACT
The Purchasing Representative identified on the Summary Sheet is the SOLE POINT OF CONTACT at Charles County Government for this procurement. All communication between offerors and Charles County Government shall be with the Purchasing Representative until a fully executed contract is delivered to the Contractor. Offerors or any of their authorized representatives may not initiate contact with Charles County Government or County Consultants other than the Contact identified on the Summary Sheet , for any reason during the bidding process or prior to full contact execut ion. Any communication outside this process may result in disqualification.

QUESTIONS
All inquiries concerning technical or bidding information shall be directed in writing (via email) with the solicitation number and name in the subject line to the Purchasing Representative identified on the Summary Sheet, prior to the due date and time specified. The County will not provide responses to questions after the due date and time specified on the Summary Sheet. The person submitting the request will be responsible for its prompt delivery. 192
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ADDENDA AND SUPPLEMENTS
In the event that it becomes necessary to revise any part of this solicitation, or if additional information is necessary to enable the Offeror to make an adequate interpretation of the provisions of this solicitation, a supplement to the solicitation will be issued. The Offeror shall acknowledge in their proposal, the receipt of all addenda, supplements, amendments, or changes to the solicitation that we re issued by the County. Oral statements made by County personnel shall not bind the County in any manner whatsoever and cannot be used to protest or otherwise challenge any aspect of this solicitation or subsequent agreement.

Any interpretation, correction, changes to the solicitation will be made only by addendum duly issued and will be posted on the County Bid Board found at www. CharlesCountyMD.gov. Click on “Business” and then “ Online Bid Board”. Any and all addenda issued prior to the proposal due date/time shall become a part of the contract documents and shall be covered in the Offeror’s proposed prices unless an alternate price schedule is presented by addendum. It is the responsibility of the Offeror to check the County Bid Board as frequently as necessary to obtain all updates and addenda to the solicitation.

ABILITY TO PERFORM
Offerors shall have the capability to perform classes of work contemplated, having sufficient capital to execute the work properly within the specified time.

The County reserves the right to request any additional information, utilize references not provided by an Offeror, and validate any information provided by an Offeror by any means deemed necessary by the County for the purpose of determining the Offeror’s ability to perform the services described herein.

ERRORS
Any errors in computations may be corrected during the County’s review of the proposals. The County shall not be responsible for Offeror computation errors contained on the Cost Proposal Form. All values contained on the Cost Proposal Form remain the responsibility of the Offeror. Where the unit price and the extension price are at variance, the unit price will prevail. In the event that the unit price is not provided, the unit price shall be the extended price divided by the quantity. Errors on any forms submitted remain the sole responsibility of the Offeror.

REJECTION OF QUOTES/BIDS/PROPOSALS
Although not intended to be an exhaustive list of causes for disqualification, any one or more of th e following causes, among others, may be sufficient for the disqualification of an offeror and the rejection of its proposal:

1. Evidence of collusion among offerors.

2. Lack of competency revealed by financial statements, experience, equipment statements, or other factors.

3. Lack of responsibility as shown by past work, judged from the standpoint of workmanship as submitted or from previous experience with the offeror.

4. Default on a previous similar contract for failure to perform.

5. Being delinquent in payments due to Charles County Government.

6. Exceptions or exclusions to the requirements of the solicitation.

7. Failure to be in “Good Standing” with the State of Maryland.

8. Previous substandard performance on a County contract.

9. Failure to perform properly or to complete, in a timely manner, contracts of a similar nature, or if investigation shows the offeror unable or unlikely to perform the requirements.

10. Failure to furnish information requested by the County.

The County reserves the right to rejec t any/all proposal, to waive irregularities and/or informalities in any proposal, and to make award in any manner, consistent with law, deemed in the best interest of the County.

GOOD STANDING REQUIREMENTS
In order to be eligible for award, Offerors shall meet the following conditions prior to contract award:

1. Their firm is not debarred, suspended, or otherwise ineligible for participation in government procurement by the federal government, the State of Maryland, or any other state, county, or municipal go vernment.

2. All payments to Charles County Government have been paid and are not delinquent.

3. Their firm is in “good standing” with the State of Maryland Department of Assessments and Taxation.

RESTRICTIONS: NOT APPLICABLE
An individual or a person that employs an individual who the County utilized in the drafting of specifications, an invitation for bids, or a request for proposals for a procurement may not submit a bid or proposal for that procurement, or assist or repres ent another person, directly or indirectly, who is submitting a bid or proposal for the procurement. Proposal from such an individual or entity will be rejected.
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The following is a list of consultant(s) and/or sub-consultant(s) that have received monetary compensation under a contract with the County as the prime consultant to develop the Request for Proposals and have been retained by the County to perform construction phase services on the behalf of the County for this procurement. ·N/A

In addition, the County Ethics Committee administers the provisions of the County Ethics Code, including §170 of the Charles County Code that contains various restrictions on participating in County procurements.

NOTIFICATIONS
Legal notice given by the County to the Offeror shall be sent to the address provided on the Offeror’s Cost Proposal Form.

Notice given by the County by any of the following:

1. A communication delivered by shall be deemed as having been received by the addressee three (3) business days after the date of mailing.
a. UPS or FedEx or other delivery service; or
b. USPS first class postage mail; or
c. USPS certified, or
d. USPS registered mail.

2. A communication delivered by email shall be deemed as having been received by the addressee the same day the email was sent.

NEGOTIATIONS
The County may negotiate contract terms , price, statement of work, or other conditions that results in the most advantageous outcome for the County. In the event an agreement satisfactory to the County cannot be negotiated, the County may terminate negotiation and move to another Offeror.

2.0 PROPOSAL EVALUATION PANEL AND CRITERIA FOR EVALUATION All materials, conferences, proposals, and other matters re lated to this project shall remain confidential until the contract is executed with the selected firm. The County may use any appropriate technical resources to assist during any part of the evaluation process.

RESPONSIVENESS REVIEW
The County will review the proposal for minimum responsiveness criteria. Proposals that do not meet the minimum responsiveness criteria may be rejected as non-responsive, at the sole option of the County. Any deficiencies will be reviewed and determined by the Chief of Purchasing.

EVALUATION CRITERIA
Proposal evaluation will include, but is not limited to, the following:

Item # Evaluation Criteria Description Points
1 Project Understanding/Experience 15
2 Processing Time/Delivery Time 15
3 Software Technology 10
4 Price (TBD) 60
TOTAL POINTS 100

Additionally, this RFP is subject to the Small Local Business Enterprise (SLBE) Program as described herein. Registered SLBE Program Offerors will be provided preferential points assuming the Offeror’s proposal is found to be responsive, responsible, and the Offeror is eligible for award meeting all other award provisions. An additional ten (10) points will be granted to a registered SLBE prime on top of the Proposal evaluation score. Non -SLBE Offerors utilizing a r egistered SLBE Program business as a sub-Contractor will receive additional points, prorated based upon the percentage of the value of the services to be provided by the SLBE (i.e., SLBE sub-Contractor participation of 50 percent would be awarded an additional five (5) points on top of the Proposal’s evaluation score).

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EVALUATION
Offerors’ proposals will be evaluated by an evaluation committee who will evaluate and score the proposals in accordance with the criteria specified above. The County reserves the right to conduct the evaluation in any manner considered in the best interest of the County. The County may utilize any information obtained as a result of reference checks, proposal clarificati on or additional information requests, offeror negotiations o r any other means deemed necessary at the sole discretion of the County to identify the proposal that best meets the County’s needs.

3.0 AWARD AND CONTRACT FORMATION
The County reserves the right to award a contract by individual items, in the aggregate, or in any combination thereof, or to reject any or all proposals and to waive any informality in proposals received whenever such rejection or waiver is in the best interest of the County.

AWARD OF CONTRACT
The County anticipates awarding one primary offeror and may award to additional offeror(s) as determined to be in the best interest of the County.

The County intends to award this solicitation on the basis of a combination of the evaluation of the Offerors’ experience and qualifications, as well as the proposed price (Item A33). Award will not be based upon cost alone, and this solicitation does not commit the County to award a contract or to award to that firm which has submitted the lowest fee. The evaluation criteria may include: the Offeror’s demonstration of their understanding of the work to be performed, past experience, technical ability, other resources, qualifications of personnel, results of reference checks, and record of similar work performed satisfactorily. In addition, the County reserves the right to accept any proposal either in part or in its entirety.

At any time, the County may request an offeror to provide additional items such as: additional information, clarification, references, interviews/presentations, and any other documentation needed to assist the County in the award selection process.

Failure of an offeror to furnish requested information may constitute grounds for determining an offeror as non -responsive at the sole option of the County.

TERM OF CONTRACT
The Contractor(s) selected shall provide the services and all requirements contained herein for a base period commencing on the date of contract execution by the County through June 30, 2023, with six (6) optional 1-year renewals at the sole option of the County. Each 1-year renewal shall commence on July 1 and end on June 30 of the following calendar year.

PRICING ADJUSTMENT FOR EXTENSION YEARS
Wen applicable as indicated on the Summary Sheet, pricing under the resulting Contract shall remain firm through the base term. Thereafter, pricing may be adjusted at the beginning of each succeeding year and/or Contract renewal period at the written request of the Contractor to the Chief of Purchasing. Any pricing adjustments shall be determined based upon the percentage change in the Consumer Price Index (CPI) from the previous year. For purposes of this agreement, the CPI is defined as the Consumer Price Index for All Urban Consumers, All Items, as published by the United States Department of Labor, Bureau of Labor Statistics. For purposes of adjustment, the CPI used for each subsequent year of the Contra ct shall be the last published percentage change in the CPI (for the previous 12 months) either on, or prior to, the anniversary date of the Contract. Price adjustments shall take effect upon written approval by the County.

QUANTITY CONTRACTS AWARDED
The County intends to award the contract to one or more firms. The contract entered into with the successful offeror shall meet all standard provisions required by the County.

The County intends to contract with a single firm and not with multiple firms doing business as a joint venture. Where two or more Offerors desire to submit a single proposal in response to this RFP, they should do so on a prime -subcontractor basis rather than as a joint venture.

CONTRACT EXECUTION
The successful Offeror to whom the contract shall have been awarded shall be required to execute the County contract (or as authorized by the County) and shall furnish all requirements due at contract execution, which may include, but is not limited to performance bonds and/or payment bonds, insurance certificates, equipment inspections, licenses, etc., as specified herein .

CONTRACT DOCUMENTS
All work under this project shall be in accordanc e with the contract documents. The Contract documents for this project 195
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includes, but is not necessarily limited to, this solicitation package, project plans and specifications as shown in RFP and other referenced ordinances, manuals, and specifications.

Contract Documents shall also include:
a. All written modifications, amendments and change orders to this Contract issued in accordance with the General Provisions.
b. Contractor’s proposal and accompanying exhibits submitted in response to the County’s Project Criteria and Solicitation; and any solicited and/or unsolicited Alternates to the Solicitation accepted by the County in writing.

The Contract Documents are intended to permit the par ties to complete the work and all obligations required by the Contract Documents within the specified time(s) for the proposed price. The Contract Documents are intended to be complementary and interpreted in harmony so as to avoid conflict, with words and phrases interpreted in a manner consistent with construction and design industry standards. In the event of any inconsistency, conflict, or ambiguity between or among the Contract Documents, the County will make a determination on which item of discrepanc y shall take precedence. Within listed documents or group of documents, the later dated shall have precedence over the earlier requirements, and specific requirements shall have precedence over the general requirements.

DEFAULT AND SUSPENSION
If a Offeror who has been selected for award and offered a contract refuses or fails to execute the contract and/or fully comply with all requirements of this solicitation within fourteen (14) consecutive calendar days after receipt of formal notice of award or an alte rnate date specified by the Chief of Purchasing , the Offeror may be considered to have defaulted with respect to execution of the contract, and to have abandoned all rights and interests in the contract. In such instance the bid security, if any, may be declared forfeited to the County without further notice to the Offeror. In the event of such default, award may then be made to another Offeror determined to be in the best interest of the County, or the solicitation may be cancelled and/or re- advertised for proposals as deemed if deemed in the best interests of the County.

A Contractor, who has executed a contract with the County, may be considered to have defaulted in the performance of the Contract, by failure to comply with the requirements of the contract, sub-standard performance, failing to complete the contract, and/or by other significant errors and omissions as determined by the Project Manager and the Chief of Purchasing. In such instance, the Contractor’s performance and/or payments bond s, if any, may be exercised, and the Contract terminated and awarded to another Offeror if determined to be in the best interest of the County.

An Offeror /Contractor, who has defaulted as discussed above, may be declared by the Chief of Purchasing to be ineligible to bid on future County solicitations for a period of up to two (2) years from the date the County determined the Offeror/Contractor to have defaulted. This determination by the Chief of Purchasing shall be final, and not subject to appeal.

OFFEROR/AWARD PROTESTS
a) All protests made pursuant to solicitations must be in writing and delivered to the Chief of Purchasing within the timeframes specified:
i. Protests must be delivered to the Chief of Purchasing no later than ten (10) consecutive calendar days after the basis for the protest ( i.e., notification of rejection of offeror’s proposal , notification of removal of offeror from consideration, etc.) is known or should have been known, whichever is earlier. ii. If protesting contract award, the protest must be delivered to the Chief of Purchasing within ten (10) consecutive calendar days after the Purchasing Division has publicly posted the proposed contract award. This provision shall only apply to “aggrieved” offerors.
iii. If offeror seeks as a remedy the cancellation or amendment of the solicitation, the protest must be delivered to the Chief of Purchasing before the submission date for bids/proposals. iv. If the County is closed for business at the due date and time, for whatever reasons , protests will be accepted on the next business day of the County prior to 12:00 p.m. (Eastern Time).

Protests shall be considered timely only if received in the Purchasing Division office prior to close of business within the timeframes specified above.
b) All protests made pursuant to solicitations shall be delivered to the Chief of Purchasing:

Charles County Government
ATTN: Chief of Purchasing,
Purchasing Division (Room B130)
200 Baltimore Street,
La Plata, Maryland 20646
c) Each protest must contain a protest filing fee in the amount of $500 (US currency); if the fee is paid by check, then the check must be made out to “Charles County Government”. The Chief of Purchasing, may, at his sole election, return the 196
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filing fee to the protesting offeror, if the protest is sustained. Filing fees for unsustained protests shall not be returned.

The Chief of Purchasing must dismiss any protest not timely received. d) Only an offeror that is “aggrieved” is eligible to file a protest. Aggrieved means that the offeror who is filing the protest is susceptible for an award of the contract if the protest is sustained (e.g., a fourth ranked offeror is not aggrieved unless the grounds for a protest, if sustained, would disqualify the top three ranked offerors, or would require that the solicitation be reissued). Each protest must contain the following: identification of the solicitation; the name, address, and telephone number of the protesting offeror; a statement supporting that the offeror is aggrieved; and specification of all grounds for the protest, including submission of detailed facts and all relevant documents, citatio n to relevant language in the solicitation, regulations, or law relied upon; and all other matters which the offeror contends supports the protest. The burden of production of all relevant evidence, data and documents, and the burden of persuasive argumen t to support the protest is on the offeror making the protest.
e) The Chief of Purchasing shall forward to the County Attorney, all protests timely received and appropriate information addressing the circumstances of the protest. The Chief of Purchasing shall also forward for the County Attorney’s information, all protests not timely received and/or otherwise ineligible, that was dismissed by the Chief of Purchasing. f) The Chief of Purchasing, after consultation with the County Attorney, shall determine whether to sustain or reject the protest, and shall provide written notice of his determination to the offeror making the protest, and to the County Attorney. In the case of a sustained protest, the Chief of Purchasing, after consultation with the County Attorney, shall determine what remedy shall be taken to redress the protest. Decisions shall be final, and not subject to appeal.

PERFORMANCE EVALUATIONS
The County shall perform periodic performance evaluations, at the County’s discretion, on all work performed b y the Contractor under this Contract. The Contractor shall have the opportunity to review performance evaluations upon request.

Performance evaluations shall be maintained in the County’s contract files.

ASSIGNMENT OF CONTRACT
The Contractor shall not sublet any portion of this contract or assign or transfer any interest in this contract without receiving prior written approval from the County, Chief of Purchasing.

SUBCONTRACTORS
Subcontractors may not be used in the conduct of this contract without exp ress written approval of the County. The County reserves the right to reject any subcontracted relationship if changes or additions of subcontractors are necessary during the life of the contract. Subcontracts for any portion of this contract must be clear ly identified in the Offeror’s proposal. Subcontracts are subject to Minority Business Enterprise (MBE) and Small Local Business Enterprise (SLBE) requirements detailed herein.

Prime contractor shall perform a minimum of fifty percent (50%) of the work proposed.

NEWS RELEASE
No news releases pertaining to this bid request or the service, study, or project to which it relates will be made without County approval.

PUBLIC INFORMATION ACT/CONFIDENTIALITY NOTICE
Offeror should give specific attention and identification of those specific portions of their proposals which they deem to contain confidential and/or proprietary information. Such information must be individually noted as being confidential or proprietary, either at that location, or in a separate consolidated listing contained within the bid/proposal /quote and provide justification of why the material should not be subject to disclosure by the County upon request under the Maryland Public Information Act .

Offerors may not declare their entire bid/proposal /quote package to be confidential or proprietary. Failure to provide specific identification and justification may result in the County releasing the information if requested to do so.

CAMPAIGN FINANCE REFORM ACT OF 2013
The Maryland Campaign Finance Reform Act of 2013 dictates that vendors with single contracts of $200,000 or more shall file certain campaign finance -related disclosures with the Mary land State Board of Elections. Vendors shall certify that they have filed the requisite disclosure, and if the vendor fails to provide this certification, the County must n otify the State. In the event of Contract award, the Contractor shall certify that campaign finance-related disclosures are filed with the Maryland State Board of Elections as applicable.

HOLIDAY SCHEDULE
The following holidays are observed by the County:

New Year’s Day Independence Day
Martin Luther King Jr’s Birthday Labor Day
*Lincoln’s Birthday Columbus Day
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Washington’s Birthday Veterans Day
*Maryland Day Election Day (When Applicable)
Good Friday Thanksgiving Day
Memorial Day Day After Thanksgiving
Juneteenth Christmas Day
*FLOATING HOLIDAYS - COUNTY OFFICES AND OPERATIONS SHALL BE OPEN.

4.0 GENERAL PROVISIONS
Any provision specified in this section and addressed elsewhere in the solicitation; Part B shall supersede.

DEFINITIONS:

COMMISSIONERS: The County Commissioners of Charles County.

COUNTY: The County Commissioners of Charles County, Maryland.

CONTRACT: The written agreement executed by the County Commissioners of Charles County and the successful offerors, covering the performance of the work and th e furnishing of materials required for this project. The contract shall include: A conventional contract or award letter, instructions to offerors, solicitation, specifications and scope of work, special provisions, general provisions, any other addenda, o r written instructions pertaining to the method and manner of performing the work, and the Offeror’s proposal.

CONTRACTING OFFICER: The Director of Using Department and includes a duly appointed successor or authorized representative.

CONTRACTOR: The per son or persons, partnership, firm or corporation who enters into a contract awarded to him by the COUNTY.

DEPARTMENT: The authorized division or agency of Charles County government responsible for the service or work for which the contract will be written.

DAYS: Calendar Days

EXTRA WORK: A written order to the CONTRACTOR and signed by the CONTRACTING OFFICER, ordering a change in or an addition to the work from that originally shown in the specifications.

GENERAL PROVISIONS: All requirements and provisions contained in this document.

INSTRUCTIONS TO OFFERORS: Information explaining the procurement process, significant dates, and bidding requirements.

OWNER: The entity holding title or having vested interest in the property and rights associated with th e property.

SPECIAL PROVISIONS: Statements modifying or changing the requirements or provisions of the General Specifications or adding new requirements or provisions thereto.

SPECIFICATIONS/SCOPE OF WORK: The written or printed agreements and instructio ns pertaining to the performance of the work to be performed, and/or the quantity and quality of the work/materials to be furnished under the contract.

INDEMNIFICATION CLAUSE:

The Contractor shall protect, hold free and harmless, defend, and indemnify Charles County, including its officers, agents, and employees from all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney’s fees, resulting from injury to, or death of, any person or damage to property of any kind, which injury, death or damage arises out of, or is any way connected with the performance of the work under this contract. This agreement shall apply to any a cts or omissions, negligent conduct, whether active or passive, including acts or omissions of contractor’s agents or employees; except that this agreement shall not be applicable to injury, death or damage to the property arising from the sol e negligence of Charles County, it’s officers, agents, and employees.

GOVERNING LAW:

This Contract shall be governed by and construed only in accordance with the laws of the State of Maryland. 198
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PAYMENT OF TAXES:

The firm awarded the contract resulting from this solicita tion shall be responsible for paying all Maryland sales tax, and any other applicable taxes, on items purchased by the Contractor in the pursuit of this contract. The County tax exempt status cannot be transferred to the Contractor.

SPECIFICATIONS AND DRAWINGS (NOT APPLICABLE)
The CONTRACTOR shall keep on the work site a copy of the drawings and specifications and shall at all times give the CONTRACTING OFFICER access thereto. Anything mentioned in the specifications and not shown on the drawings or shown on the drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both. In case of difference between drawings and specifications, the matter shall be promptly submitted to the CONTRACTING OFFICER, who shall promp tly make a determination in writing. Any adjustment by the CONTRACTOR without such a determination shall be at its own risk and expense. The CONTRACTING OFFICER shall furnish from time to time such detailed drawings and other information as he may consider necessary, unless otherwise provided.

CHANGES:

A. The CONTRACTING OFFICER may, at any time, without notice to the sureties, by written order designated or indicated to be a change order, make any change in the work within the general scope of the contract , including but not limited to changes:
(1) In the specifications (including drawings and design); (2) In the method or manner of performance of the work; (3) In the COUNTY furnished facilities, equipment, materials, services, or site; or (4) Directing acceleration in the performance of the work.

Any other written order or an oral order (which terms as used in this paragraph (B.) shall include direction, instruction, interpretation, or determination) from the CONTRACTING OFFICER, which causes any such change, shall be treated as a change order under this article, provided that the CONTRACTOR gives the CONTRACTING OFFICER written notice stating the date, circumstances, and source of the order and that the CONTRACTOR regards the order as a change order.

B. Except as herein provided, no order, statement, or conduct of the CONTRACTING OFFICER shall be treated as a change under this article or entitle the CONTRACTOR to an equitable adjustment hereunder.

C. If any change under this article causes an increase or dec rease in the CONTRACTOR'S cost of, or the time required for, the performance of any part of the work under this contract, whether or not changed by any order, an equitable adjustment shall be made and the contract modified in writing accordingly; provided, however, that except for claims based on defective specifications, no claim for any change under paragraph (B.) above shall be allowed for any costs incurred more than twenty (20) days before the CONTRACTOR gives written notice as therein required; and provided further, that in the case of defective specifications for which the COUNTY is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the CONTRACTOR in attempting to comply with such defective specifications.

D. If the CONTRACTOR intends to assert a claim for an equitable adjustment under this article, he must, within thirty (30) days after receipt of a written change order under paragraph (A.) above or the furnishing of a written notice under paragraph (B.) above, submit to the CONTRACTING OFFICER a written statement setting forth the general nature and monetary extent of such claim, unless this period is extended by the COUNTY. The statement of claim hereunder may be included in the notice under paragraph (B.) above.

E. No claim by the CONTRACTOR for an equitable adjustment hereunder shall be allowed if asserted after final payment under this contract.

CHANGE ORDERS:

A. Additional Costs:

The cost of any change ordered in writing by the CONTRACTING OFFICER which results in an increase in the contract price will be determined by one or the other of the following methods, at the election of the CONTRACTING OFFICER.
(1) On the basis of a stated lump sum price, or other consideration fixed and agreed upon by negotiation between the CONTRACTING OFFICER and the CONTRACTOR in advance, or if this procedure is impractical because of the nature of the work or for any reason,
(2) On the basis of the actual necessary cost as determined by the CONTRACTING OFFICER, plus a fixed fee to cover general supervisory and office expense and profit. The fixed fee shall not exceed fifteen percent (15%) of the actual necessary costs. The actual necessary cost will include all reasonable expenditures for material, labor, and supplies furnished by the CONTRACTOR and a reasonable allowance for the use of his plant and equipment where required but will in no case include any allowance for general superintendent, office expense, or other 199
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general expense not directly attributable t o the extra work. In addition to the foregoing, the following will be allowed: the actual payment by the CONTRACTOR for workmen's compensation and public liability insurance; performance and payment bonds (if any); and all unemployment and other social sec urity contributions (if any) made by the CONTRACTOR pursuant to Federal or State statutes; when such additional payments are necessitated by such extra work. An appropriate extension of the working time, if such be necessary, also will be fixed and agreed upon, and stated in the written order.

B. Reduced Costs:

The cost of any change ordered in writing by the CONTRACTING OFFICER which results in a decrease in the contract price will be determined in a manner conformable with paragraph A.2 under Additional Costs.

DIFFERING SITE CONDITIONS: (NOT APPLICABLE)
A. The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the CONTRACTING OFFICER in writing of:
(1) Subsurface or latent physical conditions at the site differing materially from those indicated in this contract, or
(2) Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in this contract.

The CONTRACTING OFFICER shall promptly investigate the condition(s), and if he finds that such conditions do materially differ and cause an increase or decrease in the CONTRACTOR'S cost of, or the time required for, performance of any part of the work under this contract, whether or not changed as a result of such conditions, an equitable adjustment shall be made, and the contract modified in writing accordingly.

B. No claim of the CONTRACTOR under this article shall be allowed unless the CONTRACTOR has given the notice required in paragraph (A.) above; provided, however, the time prescribed therefore may be extended by the County.

C. No claim by the CONTRACTOR for an equitable adjustment hereunder shall be allowed if asserted after final payment under this contract.

TERMINATION OF CONTRACT FOR CONVENIENCE:

A. The COUNTY may, by written notice to the CONTRACTOR, terminate this contract in whole or in part at any time, either for the COUNTY'S convenience or because of the failure of the CONTRACTOR to fulfill his obligations under this contract.

Upon receipt of such notice, the CONTRACTOR shall:
(1) Immediately discontinue any part or all services as directed by the County’s authorized representative, and (2) Deliver to the COUNTY the originals of all data, drawings, specifications, reports, estimates, summaries and such other information and materials a s may have been accumulated by the CONTRACTOR in performing under this contract, whether completed or in process.

B. If the termination is for the convenience of the COUNTY, an equitable adjustment in the contract price shall be made but no amount shall be allowed for anticipated profit on unperformed services.

C. If the termination is due to the failure of the CONTRACTOR to fulfill his obligations under this contract, the COUNTY may take over the work and prosecute the same to completion by contract or otherwise . In such case, the CONTRACTOR shall be liable to the COUNTY for any additional cost occasioned to the COUNTY.

D. If, after notice of termination for failure to fulfill obligations, it is determined that the CONTRACTOR had not so failed, the termination shal l be deemed to have been effected for the convenience of the COUNTY. In such event, adjustment in the contract price shall be made as provided in Paragraph B of this clause.

E. The rights and remedies of the COUNTY provided in this clause are in addition to a ny other rights and remedies provided by law or under this contract.

TERMINATIONS FOR DEFAULT – DAMAGES FOR DELAY – TIME EXTENSIONS:

A. If the CONTRACTOR refuses or fails to prosecute the work, or any separable part thereof, with such diligence as will insure its completion within the time specified in this contract, or any extension thereof, or fails to complete said work within such time, the COUNTY may, by written notice to the CONTRACTOR, terminate his right to proceed with the work or such part of the work as to which there has been delay. In such event, the COUNTY may take over the work and prosecute the same to completion, by contract or otherwise, and may take possession of and utilize in completing the work such materials, appliances, and plant as may be on site of the work and necessary, therefore.

Whether or not the CONTRACTOR'S right to proceed with the work is terminated, he and his sureties shall be liable for any damage to the COUNTY resulting from this refusal or failure to complete the work within the specified time.

B. If fixed and agreed liquidated damages are provided in the contract and if the COUNTY so terminates the CONTRACTOR'S right to proceed, the resulting damage will consist of such liquidated damages until such reasonable time as may be required for final completion and acceptance of the work together with any increased costs occasioned the COUNTY in completing the work.
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C. If fixed and agreed liquidated damages are provided in the contract and if the COUNTY does not so terminate t he CONTRACTOR'S right to proceed, the resulting damage will consist of such liquidated damages until the work is completed and accepted.

D. The CONTRACTOR'S right to proceed shall not be so terminated nor the CONTRACTOR charged with resulting damage if:
(1) The delay in the completion of the work arises from unforeseeable causes beyond the control and without the fault or negligence of the CONTRACTOR, including but not restricted to, acts of God, acts of the COUNTY in its contractual capacity, acts of anoth er Contractor in the performance of a contract with the COUNTY, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather, or delays of subcontractors or supplies arising from unforeseeable causes beyond the co ntrol and without the fault or negligence of both the CONTRACTOR and such subcontractors or suppliers; and (2) The CONTRACTOR, within ten (10) days from the beginning of any such delay (unless the CONTRACTING OFFICER grants a further period of time before the date of final payment under the contract), notifies the CONTRACTING OFFICER in writing of the causes of delay.

The CONTRACTING OFFICER shall ascertain the facts and the extent of the delay and extend the time for completing the work when, in his judgment, the findings of fact justify such an extension, and his findings of fact shall be final and conclusive on the parties, subject only to appeal as provided in the article of these General Provisions entitled Disputes.

E. If, after notice of termin ation of the CONTRACTOR'S right to proceed under the provisions of this article, it is determined for any reason that the CONTRACTOR was not in default under the provisions of this article, or that the delay was excusable under the provisions of this artic le, the rights and obligations of the parties shall, if the contract contains an article providing for termination for convenience of the COUNTY, be the same as if the notice of termination had been issued pursuant to such article. If, in the foregoing circumstances, this contract does not contain an article providing for termination for convenience of the COUNTY, the contract shall be equitably adjusted to compensate for such termination and the contract modified accordingly; failure to agree to any such a djustment shall be a dispute concerning a question of fact within the meaning of the article of these General Provisions entitled Disputes.

F. In the event the construction of this project is interrupted, halted or discontinued by the order of a Court of competent jurisdiction or the order of a supervening appropriate government authority over which the COUNTY has no control, then in that event, it is the intention of these specifications that the COUNTY'S liability shall be limited only to the actual value of the work already performed and materials already purchased, with no allowance permitted for loss of profits that would have ultimately accrued to the CONTRACTOR had the CONTRACTOR completed the contract.

G. The rights and remedies of the COUNTY prov ided in this article are in addition to any other rights and remedies provided by law or under this contract.

H. As used in Paragraph (D.1.) of this article, the term subcontractors or suppliers means subcontractors or suppliers at any tier.

PAYMENTS TO CONTRACTOR:

A. The COUNTY will pay the contract price, less all costs for overtime superintendence and inspection, as herein -after provided.

B. The COUNTY will make progress payments monthly as the work proceeds, or at more frequent intervals as determined by the CONTRACTING OFFICER, on estimates approved by the CONTRACTING OFFICER. Progress payments will be due and payable thirty (30) calendar days after the COUNTY receives an acceptable invoice. If requested by the CONTRACTING OFFICER, the CONTRACTOR s hall furnish a breakdown of the total contract price showing the amount included therein for each principal category of the work, in such detail as requested, to provide a basis for determining progress payments. In the preparation of estimates, the CONTRACTING OFFICER, at his discretion, may authorize material delivered on the site and preparatory work done to be taken into consideration.

Material delivered to the CONTRACTOR at locations other than the site may also be taken into consideration (1) if such consideration is specifically authorized by the contract and (2) if the CONTRACTOR furnishes satisfactory evidence that he has acquired title to such material and that it will be utilized on the work covered by this contract.

Such payments shall be conditioned upon submission by the CONTRACTOR of bills of sale or such other procedures satisfactory to the COUNTY to establish the COUNTY'S title to such materials or equipment or otherwise protect the COUNTY'S interest, including applicable insurance and transportation to the site. 201
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C. All material and work covered by progress payments made shall thereupon become the sole property of the COUNTY, but this provision shall not be construed as relieving the CONTRACTOR from sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work, or as waiving the right of the COUNTY to require the fulfillment of all of the terms of the contract.

MATERIAL AND WORKMANSHIP:

All work under this contract shall be performed in a skillful and workmanlike manner. The CONTRACTING OFFICER may, in writing require the CONTRACTOR to remove from the work any employee the CONTRACTING OFFICER deems incompetent, careless, or otherwise objectionable.

SUPERINTENDENCY BY CONTRACTOR: (NOT APPLICABLE)
The CONTRACTOR shall give his personal superintendence to the work or have a competent foreman or superintendent, satisfactory to the CONTRACTING OFFICER, on the work at all times during progress, with authority to act for him.

PERMITS AND RESPONSIBILITIES:

The CONTRACTOR shall, without additional expense to the COUNTY, be responsible for obtaining any necessary licenses and permits, and for complying with any applicable Federal, State, and Municipal laws, codes, and regulations in connection with the prosecution of the work. He shall be similarly responsible for all damages to persons or property that occurs as a result of his fault or negligence. He shall take proper safety and health precautions to protect the work, the workers, the public, and the property of others. He shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire construction work, except for any complete unit of construction thereof which theretofore may have been accepted.

CONDITIONS AFFECTING THE WORK:

The CONTRACTOR shall be responsible for having taken steps reasonably necessary to ascertain the nature and location of the work, and the general and local conditions which can affect the work or the cost thereof. Any failure by the CONTRACTOR to do so will not relieve him from responsibility for successfully performing the work without additional expense to the COUNTY. The COUNTY assumes no responsibility for any understanding or representations concerning conditions made by any of its officers or agents prior to the execution of this contract unless such understanding or representations by the COUNTY are expressly stated in the contract.

OTHER CONTRACTS:

The COUNTY may undertake or award other contracts f or additional work excluded from this contract, and the CONTRACTOR shall fully cooperate with such other Contractors and COUNTY employees and carefully fit his own work to such additional work as may be directed by the CONTRACTING OFFICER. The COUNTY'S sep arate contractors will coordinate their work with the CONTRACTOR. The CONTRACTOR shall not commit or permit any act which will interfere with the performance of work by any other CONTRACTOR or by employees.

PATENT INDEMNITY:

Except as otherwise provided, the CONTRACTOR agrees to indemnify the COUNTY and its officers, agents, and employees against liability, including costs and expenses, for infringement upon any Letters, Patents of the United States arising out of the performance of this contract or out of the use or disposal by or for the account of the COUNTY of supplies furnished or construction work performed hereunder.

COVENANT AGAINST CONTIGENT FEES:

The CONTRACTOR warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the CONTRACTOR for the purpose of securing business. For breach or violation of this warranty the COUNTY shall have the right to annul this contract without liability or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such commissio n, percentage, brokerage, or contingent fee.

EQUAL OPPORTUNITY:

During the performance of this contract, the CONTRACTOR agrees as follows:

A. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or 202
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transfer; recruitment or recruitment advertising; layoff or termination; rates or pay or other forms of compensation; and selection for training, including apprenticeship.

B. The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.

C. The CONTRACTOR will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the CONTRACTING OFFICER advising the labor union or worker' s representative of the CONTRACTOR'S commitments under this Equal Opportunity article and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

D. In the event of the CONTRACTOR'S noncompliance with the Equal Opportunity article of this contract or with any of the said rules, regulations, or orders, this contract may be cancelled, terminated, or suspended, in whole or in part.

SUSPENSION OF WORK:

A. The CONTRACTING OFFICER may order the CONTRACTOR in wri ting to suspend, delay, or interrupt all or any part of the work for such period of time as he may determine to be appropriate for the convenience of the public.

B. If the performance of all or any part of the work is, for an unreasonable period of time, s uspended, delayed, or interrupted by an act of the CONTRACTING OFFICER in the administration of this contract, or by his failure to act within the time specified in this contract (or, if no time is specified, within a reasonable time), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by such unreasonable suspension, delay, or interruption and the contract modified in writing accordingly. However, no adjustment shall be made under this article for any suspension, delay, or interruption to the extent (1) that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the CONTRACTOR or (2) for which an equitable adjustme nt is provided for or excluded under any other provision of this contract.

C. No claim under this article shall be allowed (1) for any costs incurred more than twenty (20) days before the CONTRACTOR shall have notified the CONTRACTING OFFICER in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order), and (2) unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of such suspensio n, delay, or interruption, but not later than the date of final payment under the contract.

SUBCONTRACTORS:

Subsequent to the award, the CONTRACTOR shall, submit for approval a complete list of subcontractors who will be engaged by him in the execution of the work. After the list of subcontractors has been approved, no changes shall be made in it without the permission and approval of the CONTRACTING OFFICER. The CONTRACTING OFFICER will, however, permit the CONTRACTOR to take the work out of the hands of any or all of the subcontractors and complete it himself if for any reason it becomes necessary or desirable for him to do so. That portion of the specifications beginning with the CONSTRUCTION SPECIFICATIONS, if included in these documents, is arranged for editorial convenience only, the divisions thereof are not to be construed in the whole as the complete representation of the work, nor individually as authorization or approval by the COUNTY to subdivide the CONTRACTOR'S responsibilities into subcontracts related to such division. Nothing contained in the contract documents shall create any contractual relationship between any subcontractor and the COUNTY.

FAIR TREATMENT OF SUBCONTRACTORS AND CONTRACTORS:

The CONTRACTOR must make payment to any sub -contractor or contractor within 15 business days of receiving payment from the County for a Contractor invoice submitted to the County that billed for services or commodities provided by that sub- contractor or contractor. Contractors may not impose retainage rate s upon sub-contractors that are higher than those imposed upon the Contractor by the County.

SPECIFICATIONS, STANDARDS, AND FORMS:

Specifications and also standards of associations, societies, and laboratories referred to in these specifications shall beco me a part of this contract and shall be considered as though incorporated herein. The latest edition or amendment of supplement thereto in effect on the latest bid invitation shall apply. Standards of associations, societies, and laboratories referred t o in the specifications may be obtained directly from such organizations.

The COUNTY shall not be responsible for furnishing any drawing, specification, or published material not specifically identified in the Special Provisions of these specifications.

WORKING HOURS PER DAY:

The normal number of working hours per day on this contract will be limited to eight (8), unless otherwise authorized by the CONTRACTING OFFICER.
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SATURDAYS, SUNDAYS, HOLIDAYS, AND NIGHT WORK:

The CONTRACTOR will not be permitted to do any work which requires the services of the COUNTY'S inspection supervisory forces on Saturdays, Sundays, or holidays unless otherwise authorized by the CONTRACTING OFFICER in writing. However, the CONTRACTOR, with verbal permission of the CONTRACTING OFFICER, may be permitted to perform on Saturdays and holidays, clean -up, and such other items for which no specific payment are involved. In cases of bona fide emergencies, sound judgment shall be exercised.

CONTRACTOR RESPONSIBLE FOR OVERTIME COST:

In cases where the CONTRACTOR desires to work in excess of the normal number of working hours per day and/or on designated COUNTY holidays, Saturdays, or Sundays, the CONTRACTOR shall submit such requests in writing to the CONTRACTOR at least three (3) days in advance of the requested extended working hour period. The CONTRACTOR shall include with the request the specific tasks or operations to be performed during the proposed period of extended working hours.

The CONTRACTOR shall be responsible for all costs incurred by the COUNTY in providing superintendence and inspection services to accommodate the CONTRACTOR in working extended hours including premium time, quality control testing, per diem, and miscellaneous expenses. The COUNTY shall, with documentation, deduct the said monies for superintendence and inspection of the CONTRACTOR's work outside the normal working hours from payments due the CONTRACTOR. Said requested deductions shall not constitute a change or change order to the contract. The CONTRACTOR expressly agrees to the deductions from payments due in accordance with the following fee schedule for those services as deemed necessary by the COUNTY:

COUNTY Staff ................... Actual Cost of Staff
Miscellaneous........................Actual Cost of Staff Other ...................................Actual Cost of Staff EMERGENCY WORK:

In case of an emergency, when work requiring supervision by the COUNTY or the CONTRACTOR is to be performed on Saturdays, Sundays, holidays or for longer than eight (8) hours per day, the CONTRACTOR shall request permission of the CONTRACTING OFFICER to do so. If, in the opinion of the CONTRACTING OFFICER, the emergency is bona fide, he will grant permission to the CONTRACTOR to work such hours as may be necessary. Also, if, in the opinion of the CONTRACTING OFFICER, a bona fide emergency exists, he may direct the CONTRACTOR to work such hours as may be necessary whether the CONTRACTOR requests permission to do so or not.

OPERATING AND RESTORATION: (NOT APPLICABLE)
The CONTRACTOR shall so conduct his operation as not to interfere with or endanger the ordinary use of existing structures, roads, utilities, and other facilities. The CONTRACTOR shall provide and maintain all temporary roadways which may be authorized and all c ontrol and safety devices necessary to maintain traffic, safety, and the optimum normal use thereof.

Equipment, operations, and materials shall be confined to the limits defined by the CONTRACTING OFFICER.

The site of the work and facilities required to be constructed under the contract shall be maintained in a clean, orderly, and safe condition. Rubbish, surplus materials, and excess equipment shall not be permitted to accumulate during the progress of the work.

After each facility is completed and after all the work under the contract has been completed, the structure, facility, temporary facilities, barricades, toilets, and all the premises shall be left clean and, in a condition, satisfactory to the CONTRACTIN G OFFICER.

The CONTRACTOR shall restore at his expense any damage to any property, including damage to trees, shrubs, ground cover, and other vegetation, and the CONTRACTOR shall save and hold the COUNTY free from all claims for damages or injury to all persons or property caused or alleged to hav e been caused by the CONTRACTOR, his agents, employees, workmen, and subcontractors in the execution of this contract.

WORK STOPPAGE BY THE COUNTY:

The CONTRACTING OFFICER, by issuance of a stop work order, may direct the CONTRACTOR to suspend any work tha t may be subject to damage because of weather conditions.

SAFETY AND HEALTH: (APPLICABLE AS APPLIES TO SERVICES BEING PROCURED) The CONTRACTOR shall conduct his operations, including those involving machinery and self -propelled vehicles and equipment in order to protect the lives and health of employees and other persons; prevent damage to property, materials, 204
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supplies, and equipment; and to avoid work interruptions; and the CONTRACTOR shall, in the performance of this contract, comply with the applicable provisions of Federal, State and Municipal safety, health and sanitation laws and codes, and shall otherwise furnish and employ such additional safeguards, safety devices, protective equipment and measures, and fire preventive and suppressive measures and equipment as shall be necessary for the protection of property and for the life and health of personnel. The CONTRACTOR shall, after receipt of notice of deficiencies, immediately correct the conditions to which attention has been directed. Such notice wh en served on the CONTRACTOR or his representative at the site of work shall be deemed sufficient.

If the CONTRACTOR fails or refuses to comply promptly with requirements, the CONTRACTING OFFICER may issue an order to suspend all or any part of the work. W hen satisfactory corrective action is taken, an order to resume work will be issued. No part of the time lost due to any such suspension order shall entitle the CONTRACTOR to any extension of time for the performance of the contract or to excess costs or damages.

The CONTRACTOR shall maintain an accurate record of and shall report to the CONTRACTING OFFICER in the manner and on the form prescribed by the CONTRACTING OFFICER, all cases of death, occupational disease or traumatic injury requiring medical attention or causing loss of time from work, or loss of or damage to property of the CONTRACTOR, the public, or the COUNTY arising out of or in the course of fires or employment incident to performance of work under this contract.

INSURANCE:

A. Worker’s Compensation:

Prior to executing the CONTRACT, the CONTRACTOR shall furnish compensation insurance for employees engaged in this work, shall comply with the Workmen's Compensation Laws of the State of Maryland, and shall give proof of such insurance satisfactory to the CONTRACTING OFFICER.

B. Liability:

Insurance provided shall be in accordance with
PART C
ADVERTISING:

No signs or advertisements shall be displayed on the work site except with the prior approval of the CONTRACTING OFFICER.

FEDERAL, STATE, AND LOCAL TAXES:

Except as may be otherwise provided in this contract, the contract price includes all applicable Federal, State, and Local taxes, and duties.

INSPECTION AND ACCEPTANCE OF WORK: (NOT APPLICABLE)
All work on improvements shal l be subject to inspection by the CONTRACTING OFFICER during and upon completion of construction and to approval and acceptance by such representative on behalf of the COUNTY, if said work is found to be in accordance with the CONTRACT.

When all work comprised in this contract has been completed, including cleanup and restoration, the CONTRACTOR shall so notify the CONTRACTING OFFICER in writing; the CONTRACTING OFFICER will then make a final inspection. When defects, errors, and omissions disclosed by th e final inspection have been corrected, acceptance will be given in writing, but until such acceptance, the CONTRACTOR shall be responsible for the work covered by this contract.

ERRORS AND OMISSIONS:

The CONTRACTOR shall, immediately upon his discovery of any statement or detail which is discrepant, or which otherwise appears to be in error, bring the same to the attention of the CONTRACTING OFFICER for decision or correction. Full instructions will always be given if such error or omission is discovered.

INTENT OF DOCUMENTS:

It is the spirit and intent of these documents, specifications, and of any drawings forming part of them, to provide that the work and all parts thereof shall be fully completed and suitable in every way for the purpose for which designed, and that all parts of the work shall be of a quality be of a quality comparable and consistent with the general industry standards. The CONTRACTOR shall supply all materials and do all work which reasonably may be implied as being incidental to the wo rk of this contract.
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DISPUTES:

A. Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the CONTRACTING OFFICER who shall reduce his decision to writing and mail or otherwise furnish a copy thereof to the CONTRACTOR.

The decision of the CONTRACTING OFFICER shall be final and conclusive unless, within thirty (30) days from the date of receipt of such copy, the CONTRACTOR mails or otherwise furnishes to the CONTRACTING OFF ICER a written appeal addressed to the COUNTY. The decision of the COUNTY for determination of such appeals shall be final and conclusive. In connection with any appeal proceeding under this article, the CONTRACTOR shall be afforded an opportunity to be heard and to offer evidence in support of his appeal. Pending final decision of a dispute hereunder, the CONTRACTOR shall proceed diligently with the performance of the contract and in accordance with the CONTRACTING OFFICER'S decision.

B. This DISPUTES article does not preclude consideration of questions of law in connection with decisions provided for in Paragraph A above. Nothing in this contract, however, shall be construed as making final the decision of any administrative, official, representative, or board on a question of law.

COMPLIANCE WITH FEDERAL EMPLOYMENT REGULATIONS:

A. Federal law requires that employers must verify that an individual whom they plan to employ or continue to employ in the United States is authorized to accept employment in the United States.

B. By submitting a bid/proposal in response to this solicitation, the Proposer/Contractor certifies that no person will be employed on this project in any manner, including sub -contractors and suppliers, that is not eligible to work in the United States, or whose employment is in violation of State or federal law. The Contractor has sole responsible for compliance with this requirement.

C. Violation of this requirement may result in termination of the Contract, a penalty of $1,000 per day or o ccurrence, whichever is higher, and/or reporting of the violation to the appropriate authorities.

* * * * * END OF GENERAL PROVISIONS * * * * *
PART B – SPECIAL PROVISIONS

1.0 GENERAL

BACKGROUND
The primary purpose of this procurement is to have Contractor(s) provide and deliver medical, health and safety, surgical, and first aid related equipment, supplies, accessories, and services on an “as -needed” basis. As described herein these services are on an as -needed basis w ith no minimum quantity guaranteed. The contract(s) resulting from this solicitation will have no monetary value.

OPEN MARKET
Charles County Government reserves the right to obtain service from Contractors or suppliers other than the Contractor if the estimated cost of the service or parts, materials, and equipment appears unreasonable or on any emergency basis. Using other Contractors shall not void the conditions of this Contract, nor shall it hold the Contractor liable for any additional costs assumed by Charles County Government by procuring on the open market.

2.0 SCOPE OF SERVICES

PRODUCTS
The County reserves the right to add or delete items available on the contract. The Contractor shall ensure high quality of goods that are new and unused unless otherwise requested by the County. Factory seconds or remanufactured products will not be accepted unless specifically requested by the County in writing. All products provided by the company must meet all Federal, State, and Local standards for qua lity and safety requirements. Products not meeting these standards will be deemed unacceptable and returned to the Contractor for credit at no charge to the County.

PRODUCTS AUTHENTICITY
The Contractor shall purchase goods directly from the original manufa cturer of such products or from authorized distributors of such products that provide the distribution channel(s) and chain of custody of the products (the “Tracking Report”). The Tracking Report will track the source of the product back to the original manufacturer and authenticate the distribution process in a manner similar to pedigree tracking systems for pharmaceutical products. Distributor shall provide the Tracking Report for each Product upon request by and shall provide security and control systems to protect against Product tampering.

Distributor represents that any Tracking Report it prepares is accurate and in full compliance with state and federal regulations. 206
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CUSTOMER SERVICE & REQUIREMENTS
The Contractor(s) shall have a 24 -hour “on-call” emergency number for emergency situations that the County can call and speak with someone. There shall be no separate cost to the County for this service. The Contractor shall also:

1. Have two (2) full time local outside sales representation in Maryland

2. Be FDA and ISO certified Kitting facility

3. Attend regularly scheduled meetings (on-site or virtual as requested by the County)

4. Have a full line distributor able to process pharmaceuticals including Class 2 & 4 items as well as pedigree products

5. Provide County staff training for new products for all work shift intervals

6. Be authorized distributor for all products

7. Provide recall information for all products

8. Maintain a warehouse with one hundred fifty (150) miles of the County delivery location stated in Part B, Section 2.5.2

9. Have a proven and sustainable disaster recovery plan

10. Be a Verified Accredited Wholesale Distributor (VAWD)

ONLINE ORDERING/SOFTWARE REQUIREMENTS
The County shall utilize purchase orders or small procurement cards to place orders in accordance with County purchasing code. There shall be no minimum ordering requirements. Simplified ordering of Class II Pharmaceuticals through the County’s secure e-222 Controlled Substances Ordering System (CSOS) without the supporting paper CEA Form 222 .

1. The Contractor(s) must be integrated with Operative IQ that shall allow for online ordering

2. Integration shall include expiration date and lot numbers

3. Integration shall allow for orders to be submitted directly to supplier

4. Integration shall provide product availability and pricing

5. Integration shall provide product expiration date and lot numbers for lot tracked items

6. The Primary Contractor shall provide the County with Operative IQ Narcotic Module for twelve (12) months at no charge

7. The solution shall show at minimum the item number, item description, item list price, item contract discount, and extended price

8. Allows multiple authorized users access to place orders

9. Allows items to be added/deleted

10. Prepare and generate reports including at minimum:
i. Order history
ii. Totals by product
iii. Monthly, quarterly, yearly order and expenditure reports iv. Backorder items
v. Refunds

11. Online catalog with clear item description and photos

12. Clear description of the unit of measure the item is sold (e.g. each, pack, etc.)

13. Have an ordering approval process where one County employee can enter an order and will route for approval from another County employee

14. Include order specific information such as when an item was ordered, shipped, & received

15. Provide historical information such as order history, invoice history, etc.

DELIVERY OF GOODS
The County reserves the right to cancel an order and/or refuse delivery acceptable if the items ordered are not furnished timely.

2.5.1 Shipping
The Contractor(s) shall ship all in stock items within twenty-four (24) hours of an order being placed. If an item is on backorder or not an in-stock item, the Contractor (s) shall notify the County representative within twenty-four (24) hours from identifying the problem. All orders shall include a shipping receipt that shall include at minimum, the followi ng information:

1. Contractor’s Name

2. Purchase Order # or State “Small Procurement Card Purchase”

3. RFP #

4. Date of Purchase

5. Itemized List of Items Furnished

6. Quantity, List Price, Discount, Extended Cost of Each Item 207
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7. Name of County Representative that Placed the Order

2.5.2 Location
Delivery location is 9375 Chesapeake Street, Suite 123, La Plata, MD 20646 unless otherwise requested in writing by the County. All deliveries received must be offloaded and delivered inside the building at the Contractors expense. All d eliveries shall be signed for by a County Representative. There is no loading dock or pallet jack, so no shipped items shall be made via freight.

2.5.3 Time
Deliveries are accepted Monday through Friday from 8:00 a.m. through 4:30 p.m . (eastern time) , except on holidays or otherwise requested by the County.

2.5.4 Issues & Damaged Goods
Items received that are damaged will be either rejected at the time of delivery or as soon as noticed. The County will not be charged any fees for damaged or rejected goods.

INVOICES
Invoices shall be net thirty (30) days and mailed to: Charles County Gove rnment, Department of Emergency Services, 200 Baltimore Street, La Plata, MD 20646 , emailed to [email protected] and emailed to other County email addresses as established after contract execution. Invoices shall at minimum include the RFP#, vendor name, date order was made, and itemized pricing.

DOCUMENT RETENTION
The Contractor(s) shall retain all books, records, and other documents relative to award for five (5) years after final payment, or until audited. The County, its authorized agents, and/or state auditors shall have full access to and the right to examine any materials during this period.

3.0 PROPOSAL ITEM DESCRIPTIONS
Proposal item quantities are estimated and not guaranteed. The Cost Proposal Form establishes the unit price and/or percentage discount to be paid for each proposal item. The Offeror agrees that the prices represent a true measure of the labor, shipping, materials, and services required to provide the specified item, including allowances for overhead and profit for each type and unit of work provided.

BID ITEMS – SECTION A
For Section A on the Cost Proposal Form, the Offeror shall provide pricing rounded to the nearest whole cent (e.g., $.01) along with percentage discount rounded to the nearest hundredth (e.g. 25.15%). The Offeror must provide pricing and percentage discount for all items listed in this section.

BID ITEMS – SECTION B
For Section B on the Cost Proposal Form, the Offeror shall provide percentage discounts rounded to the nearest hundredth (e.g. 25.15%). The percentage discount shall be applied to the list price of items purchased not specified in Bid Item - Section A. The Offeror can specify “N/A” for items not available or offered.

********END OF SPECIAL PROVISIONS*******

PART C – INSURANCE

1. The Contractor shall provide, at their expense with companies acceptable to the County, and pay premiums for the following insurance:

Applicable Provision
Commercial Automobile
Commercial automobile bodily injury and property damage insurance covering all vehicles whether owned, hired, or non-owned operated by/or on behalf of the Contractor in the performance of this contract with not less than the following units:
i. Bodily Injury: $1,000,000 per person
$2,000,000 per occurrence
ii. Property Damage: $500,000 per occurrence
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Worker’s Compensation In compliance with Maryland Statutory Liability Commercial General
Liability
Minimum limits of: $1,000,000 (combined personal injury and/or property damage) per occurrence subject to $2,000,000 aggregate.

Employers Liability
Insurance:
i. $500,000 each accident for injury
ii. $500,000 each employee, $500,000 aggregate for disease

Umbrella excess liability
insurance or excess
liability insurance
$5,000,000 each occurrence/ $5,000,000 aggregate
Professional Liability
Professional liability insurance to include Errors & Omissions coverage with a limit of not less than $1,000,000 per occurrence subject to $2,000,000 aggregate.

Builder’s Risk Insurance
The Contractor shall purchase and maintain, in a company or companies, lawfully authorized to do business in the State of Maryland, property insurance written on a builders’ risk “all risk” or equivalent policy form in the amount of the initial contract sum, plus the value of subsequent contract modifications and cost of materials supplied or installed by others, comprising the total value for the entire project at the site on a replacement cost basis. Such property insurance shall be maintained, unless otherwise provided in the contract documents, until final completion and acceptance by the County. This insurance shall list the County Commissioners of Charles County as the Name of Insured on such builder’s risk policy.

This insurance shall be on an “all risk” or equivalent policy form and shall include, without limitation, insurance against the perils of fire and physical loss or damage including, without duplication of coverage, property in transit, property stored on or off site, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary building and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation of Architect’s and Contractor’s services and expenses required as a result of such insured loss.

Pollution Liability Minimum limits of $1,000,000.00 per occurrence and $2,000.000.00 annual aggregate.

Marine Liability Minimum limits of $1,000,000.00 per occurrence and $2,000.000.00 annual aggregate.

Environmental Insurance Includes pollution and use of chemicals in an amount not less than $2,000,000 per occurrence and $3,000,000 annual aggregate.

Cyber Insurance Minimum limits of $1,000,000.00 per occurrence and $2,000.000.00 annual aggregate.

2. Each such policy shall be from an insurance company licensed to do business in the State of Maryland and which has a policyholder’s rating of A or better and a financial size of X or larger from Best’s Key Rating Guide.

3. The Contractor shall provide the C ounty with Certificates of Insurance and supported by endorsement evidencing the coverage required by this solicitation prior to award of a contract. All Certificates shall reference the solicitation name and number and have an ending date that covers the entire contract term or extension period. The following certificates shall name “The County Commissioners of Charles County” (or other name as directed by the County) as an additional named insured:

A. Commercial automobile bodily injury and property damage insurance B. Commercial General Liability
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C. Builder’s Risk
D. Excess Umbrella Liability

4. If the insurance obtained requires deductibles, the Contractor shall pay all costs not covered because of such deductibles.

Providing insurance as required herein does not rel ieve the Contractor of any responsibility or obligations ensuing as a result of the contract award, or for which the Contractor may be liable by law or otherwise. Proof of Insurance will be required and must be submitted prior to final execution of the Con tract by Charles County Government. The Contractor shall be solely responsible for all work performed by subcontractors related to any contract awarded as a result of this solicitation, including but not limited to errors, omissions, and neglect.

5. The providing of any insurance required herein does not relieve the successful Offeror of any of the responsibilities or obligations assumed by the Offeror in the Contract awarded or for which the Offeror may be liable by law or otherwise.

6. Failure to provide and continue in force such insurance as required above shall be deemed a material breach of the Contract and shall operate as an immediate termination thereof.
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Charles County Commissioners

PREPARED BY:

Charles County Government
Department of Fiscal & Administrative Services
Jenifer Ellin, Director
Shanna Reese, Chief of Purchasing
200 Baltimore Street ⚫ La Plata, Maryland 20646
MD Relay: 711 ⚫ Relay TDD: 1-800-735-2258

www.CharlesCountyMD.gov

Mission Statement: The mission of the Charles County Government is to provide our citizens the highest quality of service possible in a timely, efficient, and courteous manner. To achieve this goal, our government must be operated in an open and accessible atmosphere, be based on comprehensive long- and short-term planning, and have an appropriate managerial organization tempered by fiscal responsibility.

We support and encourage efforts to grow a diverse workplace.

Vision Statement: Charles County is a place where all people thrive and businesses grow and prosper; where the preservation of our heritage and environment is paramount; where government services to its citizens are provided at the highest level of excellence; and where the quality of life is the best in the nation.

Equal Opportunity Employer: It is the policy of Charles County to provide equal employment opportunity to all persons regardless of race, color, sex, age, national origin, religious or political affiliation or opinion, disability, marital status, sexual orientation, genetic information, gender identity or expression, or any other status protected by law.

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RFP 22-42 – ADDENDUM #1 March 31, 2022

CHARLES COUNTY GOVERNMENT

Department of Fiscal and Administrative Services - Purchasing Division Telephone: 301-645-0656

RFP No. 22-42 – Medical Supplies

ADDENDUM NUMBER ONE

TO: All Offerors

Be advised of the following modification(s) & information related to Request for Proposals (RFP) 22-

42. These modifications, comments, and attachments are hereby made a part of the solicitation documents to the same extent as if bound therein.

1. Changes – RFP Solicitation

A. Part A, Section 1.2 – Proposal Submission Instructions & Forms

Delete forms provided in “RFP 22-42 – Forms – 220317.docx” in its entirety and replace with RFP 22-42 – Revised Forms – 220331.docx and RFP 22-42 – Revised Cost Proposal Form – 220331.xlsx available on the County’s Bid Board.

Cost Proposal Form has been revised. It has been updated and is now in MS Excel.

B. Part B, Section 2.4, Item 8

Delete the strikethrough text and add the bold italicized text:

8. Maintain a warehouse with one hundred fifty within two hundred (200) miles of the County delivery location stated in Part B, Section 2.5.2.

2. Clarification

A. The term “List Price” in the RFP solicitation document and Cost Proposal Form shall refer to the retail price.

***END OF ADDENDUM***
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RFP 22-42 – REVISED FORMS – 220331.docx
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Vendor Questionnaire
In an effort to improve the quality of service to the vendor/contractor/consultant community, the Fiscal & Administrative Services Department - Purchasing Division is welcoming you to complete this questionnaire after the specific procurement process in which you participated in is finalized.

Please return the completed questionnaire to: Charles County Government, Attn: Purchasing Division, 200 Baltimore St., La Plata, MD 20646; or via email at: [email protected].

For the following series of statements, please indicate the degree in which you agree/disagree with the statement.

1. Procurement process-based statements Strongly
Disagree Neutral Strongly
Agree
The terms and conditions in the solicitation (RFQ,
ITB, RFP, etc.) were clear and concise. ☐ ☐ ☐ ☐ ☒
The technical specifications or scope of work in
the solicitation (RFQ, ITB, RFP, etc.) were clear
and concise.
☐ ☐ ☐ ☐ ☒
Adequate time was allotted for responding to the
solicitation (RFQ, ITB, RFP, etc.). ☐ ☐ ☐ ☐ ☒
Your inquiries and concerns were addressed in a
timely and professional manner. ☐ ☐ ☐ ☐ ☒
You were treated in a friendly and professional
manner by Purchasing staff. ☐ ☐ ☐ ☐ ☒
You would respond to future solicitations issued
by this office. ☐ ☐ ☐ ☐ ☒
A. If you have chosen to not respond to a solicitation in the past, please indicate your reason(s) below:
Other commitments precluded participation at the time Inexperienced in the work/commodities required
Specifications were unclear, too restrictive, etc. (Explain in COMMENTS section) Doing business with the County is simply too complicated (Explain in COMMENTS section) We cannot be competitive (Explain in COMMENTS section) Time allotted for completion of the Quote/Bid/Proposal is insufficient Bonding/Insurance requirements are restrictive (Explain in COMMENTS section) Bid requirements (other than specifications) are unreasonable (Explain in COMMENTS section) MBE or SLBE requirements (Explain in COMMENTS section) Prior County contract experience was unprofitable or otherwise unsatisfactory (Explain in COMMENTS section) Other reasons: __________________________________________________________________ Comments:

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