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PublicSafetyCommAgenda2024May23COUNTY of FREDERICK, VIRGINIA DEPARTMENT OF PUBLIC SAFETY COMMUNICATIONS 1080 Coverstone Dr. Winchester, VA 22602 Ginger Whitacre Director 540-665-6356 FREDERICK COUNTY PUBLIC SAFETY COMMITTEE AGENDA May 23, 2024 8:30 A.M. Training Rooms – first floor, lobby side Public Safety Building 1080 Coverstone Dr., Winchester, Virginia Call to Order: Agenda Items: 1. The 2016 Fire Department RFP analysis and results discussion/determination– Mr. Bollhoefer Next Meeting Date: Thursday June 20, 2024 EXHIBIT "1" SCOPE OF SERVICES I. Standards of Cover Assessment. The deliverable for this scope of work is a Standards of Cover assessment report that is fully compliant with industry best practices in the field of deployment analysis. This evaluation and analysis of data will be based on nationally recognized guidelines and criteria, including recognized National Fire Protection Association (NFPA) standards, Insurance Services Office (ISO) schedules, any federal and state mandates relative to emergency services, and generally accepted practices within emergency services. All methodology used in this Standard of Cover analysis of the Department will follow the methodology described in the "Standards of Response Coverage, published by the Commission on Fire Accreditation International (CFAI). The Standards of Cover Assessment will include but not be limited to: Component A- General summary of the community and constituents served by the Department. • Service area general population and demographics • History, formation, and general description of the fire agency • Governance and lines of authority • Organizational design • Operating budget, funding, fees, taxation, and financial resources • Description of the current service delivery infrastructure Component B - Analysis and summary of the services provided by the Department. • Review and evaluation of calls for service demographics from an historical and live traffic perspective. • Review and evaluate operational staffing levels and distribution of resources. • Review and evaluate administration and support staffing levels, including an analysis of the Rocklin Fire Department hierarchy, distribution of workload, deployment, and management practices weighed against contemporary organization principles and business processes. • Review the Rocklin Fire Department performance goals, objectives, and measures. Component C - Examine the effectiveness of inter-jurisdictional response. The area served by the Rocklin Fire Department is adjacent to partner agency providers. Today, those partnerships are established through mutual benefit agreements. The study shall evaluate the effectiveness and benefits of emergency services including services provided by the Rocklin Fire Department and by its partners. Component D -Analysis and summary of the Community Risk. Conduct an analysis of community fire protection risks, growth projections, and land uses and interpret their impact on emergency service planning and delivery. Land use, zoning classifications, parcel data, ISO fire flow data, economy value, building footprint densities, occupancy data, and demographic information should be used, along with specific target hazard information, to analyze and classify community fire protection risk by geography and type. Use local planning/zoning data combined with available Geographic Information System (GIS) data to evaluate the physical risks of the community to include: • Overall geospatial characteristics including political and growth boundaries, construction, and infrastructure limitations. • Topography including response barriers, elevation extremes, and open space/interface. • Transportation network including roads, rai I lines, airports, and waterways. • Evaluation of physical assets protected. An interpretation of available census and community development data must be provided indicating: • Population history • Census-based population and demographic information • Community planning-based population information • Transient population and demographic information • Population density • Community land use regulations • Occupancy types by land use designation • Hazardous substances and processes • Non-structural risk categorization Evaluate the current workload ofthe Rocklin Fire Department and relate that analysis to the previously described community risk. Prepare a demand study that analyzes and geographically displays current service demands by incident type and temporal variation. Prepare an analysis that will include a matrix showing the community's common and predictable risk types identifying staffing and resource needs. The matrix shall be developed with attention to: • Risk-specific staffing levels to meet the critical tasking analysis for the identified risks. • Apparatus assignments to accommodate the anticipated fire flows and other critical functions of the identified risks. • Time standards that will provide for effective initiation of critical tasks and functions. • Summary of current available resources in matrix format. Component E - Review of Historical Fire Service System Performance. Review and make observations regarding all areas involved in, or affecting, service levels and performance. Areas to be reviewed shall include, but not necessarily be limited to: Distribution Study Overview of the current facility and apparatus deployment strategy, analyzed through Geographical Information Systems (GIS) software, with identification of service gaps and, redundancies in initial unit arrival. Concentration Study o Analysis of response time capability to achieve full effective response force. o Analysis of company and staff distribution as related to effective response force assembly. Reliability.Study o Analysis of current workload, including unit hour utilization of individual companies. o Review of actual or estimated failure rates of individual companies. o Analysis of call concurrency and impact on effective response force assembly (resource drawdown). Capacity Study A study of the maximum emergency service capability of the Department resources inclusive of auto aid and mutual aid resources. Historical and Live Traffic Performance Summary Analysis of actual fire service system reflex time performance, analyzed by individual components. Component F - Performance Objectives and Measures. An appropriate set of goals and objectives must be developed for the Department specific to the nature and type of risks identified as common and predictable to the community. The goals and objectives shall be developed with respect to the following: • Distribution - Initial attack (first due) resources for risk-specific intervention. • Concentration - Effective response force assembly or the initial resources necessary to stop the escalation of the emergency for each risk type. Component G - Overview of Compliance Methodology. Work with the Department's management team to develop a methodology that will allow the Department to continually measure future performance. This methodology shall include, but not necessarily be limited to: • Records Management Systems (RMS) usage policies • Assignment of oversight responsibilities • Schedule of assessments • Review requirements • Department adopted metrics Component H - Evaluation, Conclusions, and Recommendations to Policy Makers. Develop and analyze various operational models for providing emergency services with the specific intent of identifying those options that can deliver the optimum levels of service identified in the previous components at the most efficient cost. Recommendations shall be provided identifying the best long range strategy for service delivery and the impact of initiating such a strategy. Develop one or more long range options for resource deployment that will improve the Department's level of service for the identified performance objectives and targets. This should include, but is not_necessarily limited to, specific recommendations regarding: • Any relocation of existing facilities • General locations of future necessary fire stations • Selection and deployment of apparatus by type • Service delivery recommendations, including; deployment of operational staffing Evaluate and present in graphical and descriptive format for the deployment option(s): • Degree of benefit to be gained through its implementation: o Extent to which it achieves established performance targets o Potential negative consequences Component I - Develop and produce a draft version of the written report for review by the Department representatives. The draft report shall include: • An executive summary describing the nature of the report, the methods of analysis, the primary findings, and critical recommendations. • Detailed narrative analysis of each report component structured in easy-to-read sections, accompanied by explanatory support to encourage understanding by both staff and civilian readers. • Clearly designated recommendations highlighted for easy reference and catalogued as necessary in a report append ix. • Supportive charts, graphs, and diagrams, where appropriate. • Supportive maps, utilizing GIS analysis, as necessary. • Appendices, exhibits, and attachments, as necessary. Component J - Delivery of final written Standard of Cover Assessment Report. Complete any necessary revisions of the draft and produce ten publication-quality bound, final versions of the written report. If requested, present or assist with the presentation of the project report, and include the following: • A summary of the nature of the report, the methods of analysis, the primary findings, and critical recommendations. • Supportive audio-visual presentation. • Review and explanation of primary supportive charts, graphs, diagrams, and maps, where appropriate. • Opportunity for questions and answers, as needed. All presentation materials, files, graphics, and written material will be provided to the Department at the conclusion of the presentation(s). 1. Organizational Strategic Plan Facilitation The deliverable for the Strategic Plan scope of work will include the development of organizational Mission Vision, and Values along with a comprehensive set of Goals, Objectives, and Critical Tasks that can be implemented throughout the Department. The professional consultant will facilitate the development of a Strategic Plan initiative that is linked to the recent Standard of Cover Assessment Report as a supporting plan of action along with other organizational initiatives. Component A-Project Initiation & Scheduling Develop a project plan and converse with the department's project liaison to gain a comprehensive understanding of the goals and expectations for the strategic plan process. The project plan will be developed identifying: • Local strategic planning team composition and recruitment • Strategic planning workshop format • Schedule • Location and other logistical issues • Potential impediments and organizational issues This will also help to establish working relationships, make logistical arrangements, determine an appropriate line of communications, and finalize contractual arrangements. Component B - Planning Workshop Facilitate the development of an organizational strategic plan utilizing a local planning team (12 to 20 persons) that includes representatives of various levels and interests within the City. Objective 1.: Vision1Mission1 and Values Through the use of an experienced facilitator, guide the local planning team in the development of meaningful vision, mission, and values: • Vision statements describe the way the organization views itself in the future. • Mission statement describes the purpose for which the organization exists. • Values enumerate the principles or ideas that are important to the members. Facilitate discussions that ensure participation by all present in order to stimulate challenging thought processes, prevent tangential discussion, and move the group to consensus. Consensus identification of key internal standards creates the moral and practical guidelines of the organization. Objective 2: Internal and External Assessments Guide the local planning group through the honest and objective assessment of internal issues and the assessment of external challenges. Objective 3: Goals and Objectives Guide the local planning team in the establishment of goals and objectives, critical tasks, and timelines that are imperative to the organization and the participation of individual members. Objective 4: Performance Measurements Direct the local planning team in discussions regarding performance measures that assist the organization in measuring their progress toward the organizational vision. Component C - Development and Review of Draft Project Report Develop and produce a draft version of the written Strategic Plan report for review by the Department representatives. The draft report shall include: • An executive summary describing the nature of the report, the methods of analysis, the primary findings, and critical recommendations. • Detailed narrative analysis of each report component structured in easy to read sections, accompanied by explanatory support to encourage understanding by both staff and civilian readers. • Clearly designated recommendations highlighted for easy reference and catalogued as necessary in a report append ix. • Supportive charts, graphs, and diagrams, where appropriate. • Supportive maps, utilizing GIS analysis, as necessary. • Appendices, exhibits, and attachments, as necessary. Component D - Delivery of Final Strategic Plan Document Complete any necessary revisions of the draft and produce ten publication-quality bound, final versions of the written report. If the Department identifies the need, a formal presentation of the project report shall be made by Department and consultant team member's to City and/or, elected officials, and/or the general public, and shall include the following: • A summary of the nature of the report, the methods of analysis, the primary findings, and critical recommendations. • Supportive audio-visual presentation. • Review and explanation of primary supportive charts, graphs, diagrams, and maps, where appropriate. • Opportunity for questions and answers, as needed. All presentation materials, files, graphics, and written material will be provided to the Department at the conclusion of the presentation(s). SCOPE OF SERVICES: The project requires an assessment to determine a baseline of current operations. Projected growth in area services due to increases in population and increased service levels will be needed to provide recommendations on the Department's long-range plans. A thorough review of existing staffing, funding, management practices, and regulatory environment will indicate whether the Department is able to provide a level of service that is in line with generally accepted standards and benchmarks for a community of like character. The selected individual/ firm should take the following information and topics under consideration (and include these topics in the final narrative) when conducting the review: 1) A review of background information that impacts the fire department including: a. Community population and demographics; and b. Residential, commercial, industrial, and municipal features of the community; and c. Policies and agreements that may determine staffing levels and practices; and d. Municipal ordinances related to fire and EMS delivery; and e. Mutual aid agreements and resources; and f. Standard Operating Guidelines (SOG's) for the fire department/ companies; and g. By-laws for the fire department/ companies (if appropriate); and h. Prior studies if appropriate; and 1. Road map in PDF; and )· Response statistics; and k. Vehicles and staffing/ run assignments; and 1. Review of management practices; and m. Review of long-range plan; and n. Review of training schedule; and o. Review of budgets; and p. Review of fire department facilities & equipment; and q. Review of succession planning; and r. Review of vehicle fleets, replacement plans, and future needs assessment. 2) At a minim11m, inp11t should be solicited from the fallowing individuals either through conference calls or personal inten1ie1vs: a. Elected/ appointed officials b. City Administrator c. Fire Chief d. Fire Department staff 3) Preliminary report to be reviewed and critiqued with fire department officers and City Administration. 4 Final report: a. Eight (8) bow1d and organized final reports including an executive summary and (1) electronic copy should be delivered to the City in conjunction: with an on-site PowerPoint presentation that reviews the key findings of the report that will be presented to appropriate City officials and fire department personnel. b. All data photographs and related information gathered during the review shall be surrendered to and be deemed property of the City upon payment of the final invoice. c. Confidentiality during the project shall be expected by the City and no comments to the media or individuals not directly connected to or involved in the assessment shall be made without express permission. 1 COUNTY OF FREDERICK, VIRGINIA RFP# 2017-05C REQUEST FOR PROPOSALS COMBINED FIRE AND RESCUE SYSTEM SERVICE AND NEEDS ASSESSMENT STUDY The County of Frederick, Virginia is seeking a Fire and Emergency Services consultant experienced in the management and operations of combined fire and rescue systems to undertake a comprehensive review and analysis of our Fire and Rescue system in order to develop recommendation for future actions aimed at improving service delivery, operations and overall effectiveness and efficiency. Questions pertaining to the Request for Proposals (RFP) should be directed to: Mr. Dennis D. Linaburg Fire and Rescue Chief 1080 Coverstone Drive Winchester, VA 22602 Office: (540) 665-5618 dlinabur@fcva.us All proposals must include one (1) original hardcopy, one (1) original electronic copy in .pdf format and five (5) copies of original hardcopy and be submitted in a sealed envelope, clearly marked “FIRE AND RESCUE ASSESSMENT STUDY” and sent to the Frederick County Finance Department, ATTN: Julie Cotterell, 107 North Kent Street, 3rd Floor, Winchester, Virginia 22601 no later than 2:00 p.m., Thursday, November 17, 2016. Respondents should carefully examine the specifications and fully inform themselves as to all conditions and matters which would in any way affect the equipment/materials/services or cost thereof. Should a respondent find discrepancies in, or omissions from the specification or the Request for Proposals, he/she should notify Chief Linaburg and obtain clarification prior to submitting the proposal. Respondents that are mailing proposals should allow for normal mail delivery time to ensure timely receipt by Frederick County. Respondents assume the risk for method of delivery chosen. Frederick County assumes no responsibility for delays or failure of any delivery service to meet the submission deadline or failure to deliver to the designated recipient. Submittals may not be faxed or otherwise electronically submitted. The right is reserved, as the interest of Frederick County may require, to revise or amend the specifications prior to the date set for opening proposal; the opening date may be postponed if deemed necessary by the County. Such revisions and amendments, if any, will be announced by written Addenda to the specifications. In addition, Frederick County reserves the right to accept or reject any and all proposals, in whole or in part, and to waive any informality. 2 COMBINED FIRE AND RESCUE SYSTEM SERVICE AND NEEDS ASSESSMENT STUDY TABLE OF CONTENTS Section Introduction and Purpose A Scope of Services B Selection Procedures C Submittal Requirements D Evaluation Criteria and Selection Process E Questions F Special Terms and Conditions G Bidder/Offeror Acknowledgement of Payment Procedures H APPENDIX A: Frederick County General Terms and Conditions I Request for Proposal #2017-05C FIRE AND RESCUE ASSESSMENT STUDY 3 A) INTRODUCTION AND PURPOSE INTRODUCTION Frederick County encompasses 416 square miles and is located along US Interstate 81. As of the 2010 Census the County’s population was estimated at 78,305 with a total of 29,172 households; 6% of those being multi-unit households. The Fire and Rescue System consists of eleven (11) volunteer fire and rescue companies, operated by volunteer personnel, supported by 99 uniformed career staff and seven (7) office staff. The agency is an all-hazards system, coordinating with our volunteer companies to deliver emergency medical services, firefighting, hazardous materials and environmental responses within Frederick County. The Career Department has grown considerably since its 1990 inception in order to address staffing requests by volunteer fire and rescue companies. These requests are the direct result of an increased demand for services from volunteer companies due to an ever-expanding county population. Over the course of the Department’s lifespan, the county population has increased by 71%. Demands on the County’s fire and rescue system continue to increase as the population grows. Emergency call volume is increasing, with 4,141 calls dispatched in 1990 compared to 10,245 calls dispatched in 2015, representing nearly a 147% increase in call volume since the Department’s inception. The expansion of the local community college, assisted living facilities and other large warehouse facilities has created additional types of potential hazards. The system is also facing new demands such as proactive fire and safety inspections. Staffing continues to be an issue for the Department. Over the last three years, the Department has held Recruit Academies to replace employees and increase staffing to 24-hours in all stations. The Department also eliminated the observed “Kelly Day” from the shift schedule to increase daily staffing and allow all employees to access their earned leave. The daily staffing increases and conversion of daytime stations to 24-hour has dramatically increased the Department’s overtime budget. Increases in both residential and non-residential development have created coverage deficiencies within the fire and rescue system. This translates into career staff supplementing the work of the volunteer companies. The system must now be able to handle not only rural hazards, but also an expanding urban area and the hazards that are associated with that as well. Daily assistance from Mutual Aid Jurisdictions has become necessary in order for the system to adequately respond to the increased demand. Historically, individual Volunteer Fire and Rescue Companies owned and operated all stations and apparatus. In 2014, the County initiated construction of the first county-owned fire station, Round Hill Community Fire and Rescue Station. In addition to this newly constructed station, in August of 2015 the County took ownership of Millwood Station due to funding issues which threatened its operation. As the County continues to grow, the Volunteer System will continue to face increased demand combined with reduced volunteerism; in turn, the County will be faced with additional demands for financial support to the Companies. Request for Proposal #2017-05C FIRE AND RESCUE ASSESSMENT STUDY 4 PURPOSE The County is soliciting sealed proposals from qualified firms (see Section C) to provide a comprehensive analysis of our combined fire and rescue system. The study should examine existing staffing levels, overtime management and scheduling, property and f acility conditions and locations, vehicle/apparatus needs and placement, department administration and organization, recruitment, retention and training programs and funding levels in an effort to determine whether current practices and procedures are adequate to provide a level of service within the County that is in line with generally accepted standards, benchmarks and best practices for comparable departments in comparable communities. The requested study should provide recommendations designed to facilitate the evolution of the current combined system into a more cohesive, uniform operation. It is expected that the requested study will provide recommendations for both short and long term success, viability and stability and improved efficiency and safety for both Department personnel and citizens, highlighting immediate, five-year, ten-year and twenty-year needs. This Request for Proposals (RFP), plus the resulting agreement, shall be consistent with, and governed by the Act, the Virginia Public Procurement Act (VPPA). SCHEDULE OF EVENTS RFP Distribution Monday, October 3, 2016 Proposal Submissions Due (Part I) Thursday, November 17, 2016 Interviews (Part II) On or about Monday, January 16, 2017 Award of Contract On or about Friday, March 3, 2017 B) SCOPE OF SERVICES All proposals must be made on the basis of, and either meet or exceed the requirements contained herein. All Respondents must be able to provide professional personnel experienced in all phases of studying a combination fire and rescue system. 1.0 ASSESSMENT STUDY CONTENT The Study shall compare existing staffing, overtime, schedules, Department organization, infrastructure, service delivery, policies, procedures, and current operations to “best practices” for modern day fire and rescue and provide recommendations for closing any observed deficiencies through a phased, prioritized approach. Recommendations shall include a projected cost and alternative approaches for funding needed improvements. The selected respondent should conduct a thorough review and analysis of community demographics and other characteristics, Department operations and the interaction with the independent companies, in order to assess the functionality of the current system. The following are examples of areas that should be considered:  Population and demographics;  Distribution of residential, commercial and industrial land uses;  Staffing levels, scheduling and practices; Request for Proposal #2017-05C FIRE AND RESCUE ASSESSMENT STUDY 5  Municipal ordinances related to fire and rescue delivery;  Standard Operating Procedures for the department/companies;  By-laws for the department/companies;  Prior studies if appropriate;  NFPA 1720 recommendations;  Response statistics;  Vehicles and staffing/run assignments;  Training schedule;  Communications  Budgets – department, companies, association;  System facilities, equipment and apparatus;  Equipment replacement plans and future needs assessment. At a minimum, input should be solicited from the following either through conference calls or personal interviews:  Elected/appointed officials  Career Department Officers and Staff  Company Officers and Staff  The public Final Report: The Final Report shall be a comprehensive study of the Fire and Rescue System. The Report should contain a summary of the analysis that was conducted along with a discussion of the findings. Recommendations for change should be complete with some discussion of the alternates examined and should include cost projections along with proposed methods for funding. At a minimum the following should be covered:  Staffing;  Overtime and scheduling;  Station Location and Run Assignments;  Alternative staffing models;  Apparatus and personnel deployment;  Organizational structure;  Current programs;  Department goals and objectives;  Policies, procedures and operations;  Communications;  Capital improvement programs;  Organization and management;  Officer development;  Compliance with laws, regulations, and standards;  Strategies for recruiting, training, and maintaining career personnel and volunteers;  Wage analysis and recommendations;  Risk management and loss control programs;  Additions to property, facilities, and vehicles/apparatus;  Apparatus and equipment replacement;  Health and safety program; Request for Proposal #2017-05C FIRE AND RESCUE ASSESSMENT STUDY 6  Future vision;  Funding alternatives;  Goals and objectives for future growth;  Implementation strategies for system development. 2.0 QUALIFICATIONS Eligible Respondents will be those individual consultants, companies and institutions that have the following qualifications:  A minimum of five (5) years experience in consulting with fire and rescue organizations.  Experience and expertise in regard to the operations, structure, staffing and other issues critical to the effective operation of a modern fire and rescue department with a focus on combination organizations.  A minimum of three (3) projects of similar size and scope in progress or completed within the past five (5) years.  No affiliation with any fire and rescue company within Frederick County.  Knowledge of federal and state laws, regulations, and standards generally accepted for similarly sized communities and departments. C) SELECTION PROCEDURES This Request for Proposals is divided into two parts: Part I – Written Submission of Respondent Experience and Qualifications; and Part II – Interviews and Presentations from Part I short-listed Respondents only. In general, the selection of a Respondent will be conducted by the following process: Part I 1. Statements of Respondents’ experience and qualifications shall be submitted in the form defined under SUBMITTAL REQUIREMENTS (Section D). 2. A Selection Committee, composed of County staff (Administrative and Fire and Rescue) will evaluate and rank all Respondents. 3. Respondents will be evaluated and ranked in accordance with the Part I – EVALUATION CRITERIA (Section E). Part II 1. Based on the results of the process to this point, the highest ranked Respondents may be invited to make a presentation to the Selection Committee. The Selection Committee may also conduct formal interviews with these Respondents. Request for Proposal #2017-05C FIRE AND RESCUE ASSESSMENT STUDY 7 2. The Selection Committee will complete the final evaluation and rank the firms as set forth in the EVALUATION CRITERIA (Section E), in order to award to one (1) Respondent whose qualifications and proposed services are deemed most meritorious per VA Code §2.2-4302.2. D) SUBMITTAL REQUIREMENTS 1. GENERAL INSTRUCTIONS a. RFP Response: In order to be considered for selection, respondents must submit a complete response to this RFP to include: one (1) original hardcopy, one (1) original electronic copy in .pdf format and five (5) copies of original hardcopy and be submitted in a sealed envelope, clearly marked “FIRE AND RESCUE ASSESSMENT STUDY” and sent to the Frederick County Finance Department, ATTN: Julie Cotterell, 107 North Kent Street, 3rd Floor, Winchester, Virginia 22601 no later than 2:00 p.m., Thursday, November 17, 2016. b. Late Proposals: It is the responsibility of the respondent to ensure the Finance Department receives the submittal by the proposal due date and time. Late Proposals will be returned to respondent(s) unopened, if the container is properly identified with the return address. Frederick County shall not be responsible for delivery method(s) chosen by respondent. 2. PROPOSAL PREPARATION a. Proposals shall be signed by an authorized representative of the respondent. All information requested shall be submitted. Failure to submit all information requested shall result in the Selection Committee requiring prompt submission of missing information and/or giving a lowered evaluation of the proposal. Proposals which are substantially incomplete or lack key information may be rejected by the Selection Committee. Mandatory requirements are those required by law or regulation or are such that they cannot be waived and are not subject to negotiation. b. Proposals shall be prepared simply and economically, providing a straightforward, concise description of capabilities to satisfy the requirements of the RFP. Emphasis should be placed on completeness and clarity of content. Avoid excessive content and unrelated work samples. c. Proposals should be organized in the order in which the requirements are presented in the RFP. All pages of the proposal should be numbered. Each paragraph in the proposal should reference the paragraph number of the corresponding section of the RFP. It is also helpful to cite the paragraph number, subletter/subnumber, and repeat the text of the requirement as it appears in the RFP. If a response covers more than one page, the paragraph number and subletter/subnumber should be repeated at the top of the next page. The proposal should contain a table of contents which cross references the RFP requirements. Information which the respondent desires to present that does not fall within any of the requirements of the RFP should be inserted at an appropriate place or be attached at the end of the proposal and designated as additional material. Proposals that are not organized in this manner risk Request for Proposal #2017-05C FIRE AND RESCUE ASSESSMENT STUDY 8 elimination from consideration if the evaluators are unable to find where the RFP requirements are specifically addressed. d. Each copy of the proposal should be bound or contained in a single volume where practical. All documentation submitted with the proposal should be contained in that single volume. e. Ownership of all data, materials, and documentation originated and prepared for the County pursuant to the RFP shall belong exclusively to the County and be subjected to public inspection in accordance with the Virginia Freedom of Information Act. Trade secrets or proprietary information submitted by a respondent shall not be subject to the public disclosure under the Virginia Freedom of Information Act; however, the respondent must invoke the protections of §2.2-4342(F) of the Code of Virginia, in writing, either before or at the time the data or other material is submitted. The written notice must specifically identify the data or materials to be protected and state the reasons why protection is necessary. The proprietary or trade secret submitted must be identified by some distinct method such as highlighting or underlining and must indicate only the specific words, figures, or paragraphs that constitute trade secrets or proprietary information. The classification of an entire proposal document, line item prices, and/or total proposal prices as proprietary or trade secrets is not acceptable and will result in rejection of the proposal. f. Bidder/Offeror Acknowledgement of Payment Procedures must be executed and included with your proposal. 3. PART I - SUBMITTAL CONTENT Written proposals shall contain the following information presented in the following order: a. List at least three relevant projects completed or contracted by the Respondent within the last five (5) years that demonstrates similar services outlined within the Scope of Work. Include short descriptions, dates and client references (include client contact person, address and phone number) of these representative projects. b. Summary qualifications of key individuals (and office location for each) to be assigned to the work. A Principal In-Charge or Service Manager must be assigned. Full resumes may be attached as an appendix. Resumes must exhibit qualifications and experience of the individual in the type of work to be conducted with emphasis on similar projects. c. List the outside services to be used. Describe the anticipated scope of work by sub- consultants and how they will be coordinated. Specific names of sub-consultants are not required, but preferred at this time. The intent of this section is to ascertain what outside services the firm will require. d. Show that the firm has a working knowledge of Combination Fire and Rescue Systems. Briefly explain all direct experience with each agency. e. Outline the proposed approach and provide a projected timeline for completion. Request for Proposal #2017-05C FIRE AND RESCUE ASSESSMENT STUDY 9 4. PART II - SELECTION PROCESS: Interview and presentation will consist of two optional sections at the County’s sole discretion: a. Presentation by Respondents and Formal Interview (Optional): In the event the County requests an interview, questions that may be asked include: summarize the firm’s familiarity with and knowledge of Frederick County and the capabilities of the Respondent to meet the needs of the County. Presentation may depict how staff will be organized to accomplish the work and necessary research of the Combination System. A Question and Answer period will follow. b. Identify any requested Amendments to the Standard Agreement between respondent and Frederick County. E) EVALUATION CRITERIA Each member of the Selection Committee will individually evaluate each Respondent on the basis of the following criteria. The Selection Committee will then develop a composite ranking of each Respondent and rank the firms from first to last. PART I - Evaluation Criteria Score (Pts): Experience and qualifications of key individuals to be assigned to the work. 20 Qualifications and experience of the Respondent in performing similar projects. 20 Respondent’s understanding and methodology. 20 Familiarity and knowledge of Combination Fire and Rescue Systems, Federal and State laws, and recognized standards. 20 Cost for services. 20 PART II - Evaluation Criteria  Final adjustments to Part I scores may be made by each member of the Selection Committee upon conclusion of the interview.  References: Three (3) references may be interviewed before the Selection Committee selects one (1) Respondent to begin negotiations. Compensation: Respondent will not be compensated for the cost of proposal preparation whether or not an award is consummated. Investigations: The Selection Committee may make such reasonable investigations, as it deems proper and necessary to determine the ability of the firm to perform the work. The Selection Committee and/or its representative(s) reserve the right to inspect the firm’s physical premises prior to award to satisfy questions regarding the firm’s capabilities. Request for Proposal #2017-05C FIRE AND RESCUE ASSESSMENT STUDY 10 F) QUESTIONS Questions regarding this solicitation must be submitted in writing at least five (5) days prior to the proposal due date. The County will issue a written addendum to any inquiries that alter the scope of the proposal. All other contacts with County personnel concerning this solicitation are discouraged. Submit inquiries via e-mail or USPS to: Mr. Dennis D. Linaburg Fire and Rescue Chief 1080 Coverstone Drive Winchester, Virginia 22602 dlinabur@fcva.us G) SPECIAL TERMS AND CONDITIONS a. AWARD: Selection shall be made of two or more respondents deemed to be fully qualified and best suited among those submitting proposals on the basis of the evaluation factors included in the Request for Proposals, including price, if so stated in the Request for Proposals. Negotiations shall be conducted with the respondents so selected. Price shall be considered, but need not be the sole determining factor. After negotiations have been conducted with each respondent so selected, the agency shall select the respondent which, in its opinion, has made the best proposal, and shall award the contract to that respondent. Frederick County may cancel this Request for Proposals or reject proposals at any time prior to an award, and is not required to furnish a statement of the reasons why a particular proposal was not deemed to be the most advantageous (Code of Virginia, § 2.2-4359D). Should Frederick County determine in writing and in its sole discretion that only one respondent is fully qualified, or that one respondent is clearly more highly qualified than the others under consideration, a contract may be negotiated and awarded to that respondent. The award document will be a contract incorporating by reference all the requirements, terms and conditions of the solicitation and the contractor’s proposal as negotiated. b. AUDIT: The contractor shall retain all books, records, and other documents relative to this contract for five (5) years after final payment, or until audited by Frederick County, whichever is sooner. The County, its authorized agents, and/or County auditors shall have full access to and the right to examine any of said materials during said period. c. COOPERATIVE PROCUREMENT: Any successful Respondent, may at his sole discretion, allow any public body, locality, authority, agency, and school board of the Commonwealth to participate in the Request for Proposals for the purpose of combining requirements to increase efficiency or reduce administrative expenses. d. ACCEPTANCE PERIOD: Any submittal in response to this solicitation shall be valid for (90) days. At the end of the (90) days the submittal may be withdrawn at the written request of the offeror. If the submittal is not withdrawn at that time it remains in effect until an award is made or the solicitation is canceled. e. PRIME CONTRACTOR RESPONSIBILITIES: The contractor shall be responsible for completely supervising and directing the work under this contract and all subcontractors that he may utilize, using his best skill and attention. Subcontractors who perform work Request for Proposal #2017-05C FIRE AND RESCUE ASSESSMENT STUDY 11 under this contract shall be responsible to the prime contractor. The contractor agrees that he is as fully responsible for the acts and omissions of his subcontractors and of persons employed by them as he is for the acts and omissions of his own employees. f. SUBCONTRACTS: No portion of the work shall be subcontracted without prior written consent of Chief Linaburg or designee. In the event that the contractor desires to subcontract some part of the work specified herein, the contractor shall furnish Chief Linaburg, or designee the names, qualifications and experience of their proposed subcontractors. The contractor shall, however, remain fully liable and responsible for the work to be done by its subcontractor(s) and shall assure compliance with all requirements of the contract. g. OWNERSHIP OF INTELLECTUAL PROPERTY: All copyright and patent rights to all papers, reports, forms, materials, creations, or inventions created or developed in the performance of this contract shall become the sole property of Frederick County. On request, the contractor shall promptly provide an acknowledgment or assignment in a tangible form satisfactory to the County to evidence the County’s sole ownership of specifically identified intellectual property created or developed in the performance of the contract. h. EXPENSES INCURRED IN PREPARING PROPOSAL: Frederick County accepts no responsibility for any expense incurred in the preparation and presentation of proposals, such expenses are to be borne exclusively by the offeror. i. FAIR EMPLOYMENT PRACTICES: During the performance of a contract awarded pursuant to this RFP, the proposer agrees as follows: (i) the proposer will not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the contractor. The proposer agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause; (ii) the proposer, in all solicitations or advertisements for employees placed by or on behalf of the proposer, will state that such proposer is an equal opportunity employer; (iii) notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient to meet the requirements of this section. H) BIDDER/OFFEROR ACKNOWLEDGEMENT OF PAYMENT PROCEDURES The County’s Bidder/Offeror Acknowledgement of Payment Procedures must be executed and included with your proposal. Request for Proposal #2017-05C FIRE AND RESCUE ASSESSMENT STUDY 12 I) FREDERICK COUNTY GENERAL TERMS AND CONDITIONS The general rules and conditions which follow apply to all purchases and become a definite part of each formal solicitation and resulting contract award issued by Frederick County, Virginia, unless otherwise specified. Offerors or their authorized representatives are expected to inform themselves fully as to the conditions, requirements, and specifications before submitting proposals; failure to do so will be at the offeror’s own risk and relief cannot be secured on the plea of error. REVISED: 1/1/2014 THIS FORM MUST BE SIGNED AND SUBMITTED WITH BID/PROPOSAL. FAILURE TO EXECUTE AND SUBMIT THIS FORM WILL RESULT IN REJECTION OF YOUR BID/PROPOSAL. COUNTY OF FREDERICK, VA Bid Form Supplement BIDDER/OFFEROR ACKNOWLEDGEMENT OF PAYMENT PROCEDURES I hereby acknowledge that I have reviewed the “General Conditions and Instructions to Bidders” document from the County of Frederick, Virginia. I hereby further acknowledge that, with regard to payments to vendors under contracts with the County of Frederick, Virginia, the General Conditions state as follows: PAYMENT – a. Payment shall be made after satisfactory performance of the contract, in accordance with all of the provisions thereof, and upon receipt of a properly completed invoice. Frederick County, VA reserves the right to withhold any or all payments or portions thereof for Contractor's failure to perform in accordance with the provisions of the contract or any modifications thereto. b. Contractors shall indicate the payment methods that they will accept. Frederick County offers two payment methods, purchasing card (VISA credit card) or ACH (electronic deposit). The contractor’s flexibility in regard to payment methods accepted will be part of the contractor selection process. Acceptance of payment by purchasing card usually means that the vendor will need to have credit card processing capability, however the County encourages vendors to check with their financial institutions to ascertain precisely what is necessary to accept the purchasing card. Frederick County will not pay additional fees in excess of the offered price to contractor for purchasing card acceptance to include, but not limited to, convenience fees and/or surcharges. I hereby accept and agree to comply with the foregoing as well as all other terms and conditions of the Contract. I hereby acknowledge my understanding that if I have indicated that purchasing card is an acceptable method of payment, Frederick County will make all payments under this contract by purchasing card and a penalty, not to exceed 3%, will be assessed if purchasing card is not honored at the time of payment. Please indicate payment method(s) accepted: _____ Purchasing Card and/or _____ ACH. By: __________________________________________________ Print Name: ___________________________________________ Company: _____________________________________________ Title: _________________________________________________ Address: ______________________________________________ ______________________________________________ Phone: ________________________________________________ THIS FORM MUST BE SIGNED AND SUBMITTED WITH BID/PROPOSAL. FAILURE TO EXECUTE AND SUBMIT THIS FORM WILL RESULT IN REJECTION OF YOUR BID/PROPOSAL. REVISED: 4/4/2013 Appendix A Page 1 of 9 COUNTY OF FREDERICK COMMONWEALTH OF VIRGINIA GENERAL CONDITIONS AND INSTRUCTIONS TO BIDDERS (Vendor: The general rules and conditions which follow apply to all purchases and become a definite part of each formal solicitation and resulting contract award issued by the County of Frederick, VA, unless otherwise specified. Bidders or their authorized representatives are expected to inform themselves fully as to the conditions, requirements, and specifications before submitting bids; failure to do so will be at the bidder's own risk and relief cannot be secured on the plea of error.) Subject to all State and local laws, policies, resolutions, and regulations and all accepted rules, regulations and limitations imposed by legislation of the Federal Government, bids on all solicitations issued by the County of Frederick, VA will bind bidders to applicable conditions and requirements herein set forth unless otherwise specified in the solicitation. l. AUTHORITY-The County has the sole responsibility and authority for negotiating, placing and when necessary modifying every solicitation, contract and purchase order issued by the County of Frederick, VA. The County Finance Director serves as the County Purchasing Agent. In the discharge of these responsibilities, one or more representatives of the County department or of the entity for which the purchase is being made may assist the County Purchasing Agent. Unless specifically delegated by the County, no other County officer or employee is authorized to order supplies or services, enter into purchase negotiations or contracts, or in any way obligate the government of the County of Frederick, VA for an indebtedness. Any purchase ordered or contract made which is contrary to these provisions and authorities shall be of no effect and void and the County shall not be bound thereby. 2. DEFINITIONS- AGENCY: Any Department, Agency, Authority, Commission, Board or other unit in the Administrative Service of the County. BEST VALUE: As predetermined in the solicitation, means the overall combination of quality, price, and various elements of required services that in total are optimal relative to a public body’s needs. BID: The offer of a bidder to provide specific goods or services at specified prices and/or other conditions specified in the solicitation. The term “bid” will be used throughout this document and shall be construed to mean “proposal” where appropriate. BIDDER/OFFEROR: Any individual, company, firm, corporation, partnership or other organization bidding on solicitations issued by the Purchasing Agent and offering to enter into contracts with the County. The term "bidder" will be used throughout this document and shall be construed to mean "offeror" where appropriate. CONSULTANT SERVICES: Any type of services required by the County, but not furnished by its own employees, which is in its nature so unique that it should be obtained by competitive negotiation on the basis of demonstrated competence and qualification for the type of service required and at fair and reasonable compensation, rather than by competitive sealed bidding. CONTRACTOR: Any individual, company, firm, corporation, partnership or other organization to whom an award is made by the County. COUNTY: County of Frederick, VA GOODS: All material, equipment, supplies, printing, and automated data processing/information technology hardware and software. INFORMALITY: A minor defect or variation of a bid or proposal from the exact requirements of the invitation to bid or the request for proposal which does not affect the price, quality, quantity or delivery schedule for the goods, services or construction being procured. INVITATION FOR BID (IFB): A request which is made to prospective suppliers (bidders) for their quotation on goods or services desired by the County. The issuance of an IFB will contain or incorporate by reference the specifications and contractual terms and conditions applicable to the procurement. PROFESSIONAL SERVICES: Any type of professional service performed by an independent contractor within the practice of accounting, actuarial services, architecture, dentistry, land surveying, landscape architecture, law, medicine, optometry, pharmacy, or professional engineering (which shall be procured as set forth in the Code of Virginia §2.2-4301 in the definition of competitive negotiation at paragraph 3 (a), and in conformance with the Frederick County Purchasing Policy). REQUEST FOR PROPOSAL (RFP): A request for an offer from prospective offerors which will indicate the general terms which are sought to be procured from the offeror. The RFP will specify the evaluation factors to be used and will contain or incorporate by reference other contractual terms and conditions applicable to the procurement. RESPONSIBLE BIDDER/OFFEROR: An individual, company, firm, corporation, partnership or other organization having the capability in all respects to perform fully the contract requirements, and also having the moral and business integrity and reliability which will assure good faith performance, and having been prequalified, if required. RESPONSIVE BIDDER/OFFEROR: An individual, company, firm, corporation, partnership or other organization having submitted a bid which conforms in all material respects to the invitation for bid or request for proposal. SERVICES: Any work performed by an independent contractor wherein the service rendered does not consist primarily of acquisition of equipment or materials, or the rental of equipment, materials and supplies. SOLICITATION: The process of notifying prospective bidders that the County wishes to receive bids on a set of requirements to provide goods or services. The notification of County requirements may consist of public advertising (newspaper, County Web Site, or other electronic notification), the mailing of Notices of Solicitation, Invitation for Bid (IFB) or Request for Proposal (RFP), the public posting of notices. STATE: Commonwealth of Virginia. REVISED: 4/4/2013 Appendix A Page 2 of 9 CONDITIONS OF BIDDING 3. BID FORMS-Unless otherwise specified in the solicitation, all bids shall be submitted on the forms provided, properly signed in ink in the proper spaces and submitted in a sealed envelope. Should the bid prices and/or any other submissions differ on the copy of the submitted bid, the ORIGINAL copy shall prevail. 4. LATE BIDS & MODIFICATIONS OF BIDS- a. Any bid/modification received at the office designated in the solicitation after the exact time specified for receipt of the bid/modification is considered a late bid/modification. A late bid/modification will not be considered for award except under the following conditions only: i. The bid/modification was sent by mail and it is determined by the County that the late receipt was due solely to mishandling by the County after receipt at the address specified in the solicitation. b. If the County declares administrative or liberal leave, scheduled bid openings or receipt of proposals will be extended to the next business day. c. The time of receipt of bids at the specified location is the time-date stamp of such location on the bid wrapper or other documentary evidence of receipt maintained by the specified location. d. A late hand-carried bid, or any other late bid not submitted by mail, shall not be considered for award. 5. WITHDRAWAL OF BIDS- a. A bidder for a public construction contract, other than a contract for construction or maintenance of public highways, may withdraw his or her bid from consideration if the price bid was substantially lower than the other bids due solely to a mistake therein, provided the bid was submitted in good faith, and the mistake was a clerical mistake as opposed to a judgment mistake, and was actually due to an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of a bid, which unintentional arithmetic error or unintentional omission can be clearly shown by objective evidence drawn from inspection of original work papers, documents and materials used in the preparation of the bid sought to be withdrawn. If a bid contains both clerical and judgment mistakes, a bidder may withdraw his bid from consideration if the price bid would have been substantially lower than the other bids due solely to the clerical mistake, that was an unintentional arithmetic error or an unintentional omission of a quantity of work, labor or material made directly in the compilation of a bid which shall be clearly shown by objective evidence drawn from inspection of original work papers, documents and materials used in the preparation of the bid sought to be withdrawn. The bidder shall give notice in writing to the County of his or her claim of right to withdraw his or her bid within two (2) business days after the conclusion of the bid opening procedure and shall submit original work papers with such notice. b. A bidder for a contract other than for public construction may request withdrawal of his or her bid under the following circumstances: i. Request for withdrawal of bids prior to opening of such bids shall be transmitted to the County Finance Department. ii. Requests for withdrawal of bids after opening of such bids but prior to award shall be transmitted to the County Finance Department in writing, accompanied by full documentation supporting the request. If the request is based on a claim of error, documentation must show the basis of the error. Such documentation may take the form of supplier quotations, vendor work sheets, etc. If bid bonds were tendered with the bid, the County may exercise its right of collection. c. No bid may be withdrawn under this paragraph when the result would be the awarding of the contract on another bid of the same bidder or of another bidder in which the ownership of the withdrawing bidder by the other bidder is more than five percent. d. If a bid is withdrawn under the authority of this paragraph, the lowest remaining bid shall be deemed to be the low bid. e. No bidder who is permitted to withdraw a bid shall, for compensation, supply any material or labor to or perform any subcontract or other work agreement for the person or firm to whom the contract is awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn bid was submitted. f. If the county denies the withdrawal of a bid under the provisions of this paragraph, it shall notify the bidder in writing stating the reasons for its decision and award the contract to such bidder at the bid price, provided such bidder is a responsible and responsive bidder. g. Work papers, documents, and materials submitted in support of a withdrawal of bids may be considered as trade secrets or proprietary information subject to the conditions of the Virginia Freedom of Information Act, provided that the bidder complies with the designation requirements of Section 2.2-4342(F) of the Code of Virginia (1950, as amended). 6. ERRORS IN BIDS-When an error is made in extending total prices, the unit bid price will govern. Erasures in bids must be initialed by the bidder. Carelessness in quoting prices, or in preparation of bid otherwise, will not relieve the bidder. Bidders are cautioned to recheck their bids for possible error. Errors discovered after public opening cannot be corrected and the bidder will be required to perform if his or her bid is accepted. 7. SUBMISSION OF BIDS- a. All bids and proposals submitted in response to a Frederick County, VA solicitation shall be submitted in a sealed envelope clearly marked with the bid name, date and time of opening on the outside of the envelope and sent to the Frederick County Finance Department, 107 North Kent Street, 3RD Floor, Winchester, Virginia 22601. Vendors mailing bids/proposals should allow for normal mail delivery time to ensure timely receipt by Frederick County. Vendors assume the risk for method of delivery service to meet the submission deadline or failure to deliver to the designated recipient. Submittals may not be faxed or otherwise electronically submitted. b. A bid shall contain the original signature of an individual who is authorized to bind the bidder. Submission of a signed bid constitutes the bidder’s certification that the bidder will perform the contract at the prices and on the terms contained in the bid. Before submitting a bid, each bidder shall make all investigations and examinations necessary to verify any representations made by the County and to ascertain all conditions and requirements affecting the full performance of the contract. Ignorance of any conditions and requirements resulting from failure to make such investigations and examinations will not relieve the successful bidder from its obligation to comply in every detail with all conditions and requirements of the contract. A plea of ignorance will not be accepted as a basis for any claim whatsoever for any monetary consideration on the part of the successful bidder. c. The County accepts no responsibility for any expense incurred in the bid preparation and/or presentation. Such expense is to be borne exclusively by the bidder. d. It is the bidder’s responsibility to clearly identify and describe the services being offered in response to the solicitation. Bidders are cautioned that organization of their response, as well as thoroughness, is critical to the County’s evaluation process. Failure to comply with all bid requirements may be cause for the County to reject a bid. Unnecessarily elaborate brochures or other presentations beyond that sufficient to present a complete and effective bid are not desired. Elaborate artwork, expensive paper, bindings, visuals and other expensive presentation aids are not required. 8. COMPLETENESS-To be responsive, a bid must include all information required by the solicitation. REVISED: 4/4/2013 Appendix A Page 3 of 9 9. ACCEPTANCE OF BIDS/BINDING 90 DAYS-Unless otherwise specified, all bids submitted shall be binding for ninety (90) calendar days following bid opening date, unless extended by mutual consent of all parties. 10. CONDITIONAL BIDS-Conditional bids are subject to rejection in whole or in part. 11. BIDS FOR ALL OR PART-Unless otherwise specified by the County or by the bidder, the County reserves the right to make award on all items in the aggregate or on any of the items on an individual basis, whichever is in the best interest of the County. A bidder may restrict his or her bid to consideration in the aggregate by so stating but shall name a single unit price on each item bid. Any bid in which the bidder names a total price for all the articles without quoting a unit price for each and every separate item may not be considered for award. 12. TIME FOR RECEIVING BID-Bids received prior to the time of opening will be securely kept, unopened. The representative of the County assigned to open them will decide when the specified time has arrived, and no bid received thereafter will be considered, except as provided in paragraph 4, General Conditions and Instructions to Bidders. No responsibility will attach to the County or the representative for the premature opening of a bid not properly addressed and identified. Unless specifically authorized in the solicitation, telegraphic, electronic, or facsimile bids/modifications will not be considered. 13. BID OPENING-All bids received in response to a Invitation for Bid (IFB) will be opened at the date, time and place specified, read publicly, and made available for inspection. 14. OMISSIONS & DISCREPANCIES- a. Any items or parts of any equipment listed in this solicitation which are not fully described or are omitted from such specification, and which are clearly necessary for the completion of such equipment and its appurtenances, shall be considered a part of such equipment although not directly specified or called for in the specifications. b. Should a bidder find discrepancies or ambiguities in, or omissions from, the solicitation, including the drawings and/or specifications, he or she shall notify the County at least five (5) days prior to the date set for the opening of bids. If necessary, the County will send a written addendum for clarification to all bidders no later than three (3) days before the date set for opening of bids. Any revisions to the solicitation will be made only by an addendum issued by the Purchasing Agent. Bidders are advised that oral explanations or instructions given by County personnel during the bid process at any time before the award of the contract will not be binding on the County. Notifications from bidders/prospective bidders regarding specifications will not be considered if received within five days of the date set for opening of bids. 15. BIDDER INTERESTED IN MORE THAN ONE BID-If more than one bid is offered by any one party, either directly or by or in the name of his or her clerk, partner, or other persons, all such bids may be rejected. A party who has quoted prices on work, materials, or supplies to a bidder is not thereby disqualified from quoting prices to other bidders or firms submitting a bid directly for the work, materials or supplies. 16. TAX EXEMPTION-The County is exempt from the payment of any federal excise or any Virginia sales tax. The price bid must be net, exclusive of taxes. However, when under established trade practice any federal excise tax is included in the list price, a bidder may quote the list price and shall show separately the amount of federal tax, either as a flat sum or as a percentage of the list price, which shall be deducted by the County. Frederick County's Federal Excise Tax Exemption Number is 54-6001290. Contractors located outside the Commonwealth of Virginia are advised that when materials are picked up by the County at their place of business, they may charge and collect their own local/state sales tax. Materials used in the performance of construction contracts are subject to Virginia Sales/Use Tax as described in Section 630-10-27J of the Virginia Retail Sales and Use Tax Regulations. 17. PROHIBITION AGAINST UNIFORM PRICING-The County shall encourage open and competitive bidding by all possible means and shall endeavor to obtain the maximum degree of open competition on all purchase transactions using the competitive sealed bidding, competitive negotiation, or open market methods of procurement. In submitting a bid each bidder shall, by virtue of submitting a bid, guarantee that he or she has not been a party with other bidders to an agreement to bid a fixed or uniform price. Violation of this implied guarantee shall render void the bids of participating bidders. Any disclosure to or acquisition by a competitive bidder, in advance of the opening of the bids, of the terms or conditions of the bid submitted by another competitor may render the entire proceedings void and may require re- advertising for bids. SPECIFICATIONS 18. QUESTIONS CONCERNING SPECIFICATIONS-Any information relative to interpretation of specifications and drawings shall be directed to the person(s) involved with the project. Should a bidder find discrepancies or ambiguities in, or omissions from, the solicitation, including the drawings and/or specifications, he or she shall notify the County at least five (5) days prior to the date set for the opening of bids. If necessary, the County will send a written addendum for clarification to all bidders no later than three (3) days before the date set for opening of bids. Any revisions to the solicitation will be made only by an addendum issued by the Purchasing Agent. Bidders are advised that oral explanations or instructions given by County personnel during the bid process at any time before the award of the contract will not be binding on the County. Notifications from bidders/prospective bidders regarding specifications will not be considered if received within five days of the date set for opening of bids. 19. BRAND NAME OR EQUAL ITEMS-Unless otherwise provided in the invitation for bid, the name of a certain brand, make or manufacturer does not restrict bidders to the specific brand, make or manufacturer named; it conveys the general style, type, character, and quality of the article desired, and any article which the County in its sole discretion determines to be the equal of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted. 20. FORMAL SPECIFICATIONS-When a solicitation contains a specification which states no substitutes, no deviation there from will be permitted and the bidder will be required to furnish articles in conformity with that specification. The bidder shall abide by and comply with the true intent of the specifications and not take advantage of any unintentional error or omission, but shall fully complete every part as the true intent and meaning of the specifications and drawings. Whenever the mention is made of any articles, material, or workmanship to be in accordance with laws, ordinances, building codes, underwriter's codes, A.S.T.M. regulations or similar expressions, the requirements of these laws, ordinances, etc., shall be construed as to the minimum requirements of these specifications. AWARD 21. AWARD OR REJECTION OF BIDS-The County shall award the contract to the lowest responsive and responsible bidder complying with all provisions of the IFB, provided the bid price is reasonable and it is in the best interest of the County to accept it. Awards made in response to a RFP will be made to the highest qualified offeror whose proposal is determined, in writing, to be the most advantageous to the County taking into consideration the evaluation factors set forth in the RFP. The County reserves the right to award a contract by individual items, in the aggregate, or in combination thereof, or to reject any or all bids and to waive any informality in bids received whenever such rejection or waiver is in the best interest of the County. Award may be made to as many bidders as deemed necessary to fulfill the anticipated requirements of Frederick County. The County also reserves the right to reject the bid of a bidder deemed to be a non-responsible bidder. REVISED: 4/4/2013 Appendix A Page 4 of 9 The bidder has the burden of demonstrating affirmatively its responsibility in connection with this solicitation. A debarred potential offeror must automatically be considered non-responsible in connection with this solicitation. The County reserves the right to consider a bidder non-responsible who has previously failed to perform properly or to complete, in a timely manner, contracts of a similar nature, or if investigation shows the bidder unable to perform the requirements of the contractor. A bidder may be requested at any time by the Purchasing Agent to provide additional information, references and other documentation and information that relate to the determination of responsibility. Failure of a bidder to furnish requested information may constitute grounds for a finding of non-responsibility of the prospective bidder. The Purchasing Agent may deny the award of a contract to any bidder who is in default of payment of any money due the County. In determining the responsibility of a bidder, the following criteria will be considered: a. The ability, capacity and skill of the bidder to perform the contract or provide the service required; b. Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference; c. The character, integrity, reputation, judgment, experience and efficiency of the bidder; d. The quality of performance of previous contracts or services; e. The previous and existing compliance by the bidder with laws and ordinances relating to the contract or services; f. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service; g. The quality, availability and adaptability of the goods or services to the particular use required; h. The ability of the bidder to provide future maintenance and service for the use of the subject of the contract; i. The number and scope of the conditions attached to the bid; j. Whether the bidder is in arrears to the County on debt or contract or is a defaulter on surety to the County or whether the bidder's County taxes or assessments are delinquent; and k. Such other information as may be secured by the County having a bearing on the decision to award the contract. If an apparent low bidder is not awarded a contract for reasons of nonresponsibility, the County shall so notify that bidder and shall have recorded the reasons in the contract file. 22. NOTICE OF ACCEPTANCE/CONTRACT DOCUMENTS-A written award (or Acceptance Agreement) mailed (or otherwise furnished) to the successful bidder within the time for acceptance specified in the solicitation shall be deemed to result in a binding contract. The following documents which are included in the solicitation shall be incorporated by reference in the resulting contract and become a part of said contract: a. General Conditions and Instructions to Bidders, b. Special Provisions and Specifications, c. Pricing Schedule, d. Any Addenda/Amendments/Memoranda of Negotiations 23. TIE-BIDS – If all bids are for the same total amount or unit price (including authorized discounts and delivery times), and if the public interest will not permit the delay of readvertisement for bids, the County is authorized to award the contract to the resident Frederick County tie bidder whose firm has its principal place of business in the County, or if there be none, to the resident Virginia tie bidder, or if there be none, to one of the tie bidders by drawing lots in public; or the County may purchase the goods or services in the open market except that the price paid shall not exceed the lowest contract bid price submitted for the same goods or services. The decision of the County to make award to one or more such bidders shall be final. 24. PROMPT PAYMENT DISCOUNT- a. Unless otherwise specified in the solicitation, prompt payment discounts requiring payment in less than fifteen (15) days will not be considered in evaluating a bid for award. However, even though not considered in the evaluation, such discounts will be taken if payment is to be made within the discount period. b. In connection with any discount offered, time will be computed from the date of delivery of the supplies to the carrier when delivery, inspection and acceptance are at the point of origin; or, from date of delivery, inspection and acceptance at destination; or, from date correct invoice or voucher is received in the office specified by the County, if the latter is later than the date of acceptance. In the event the bidder does not indicate a prompt payment discount, it shall be construed to mean NET 30 days. c. For the purpose of earning the discount, payment is deemed to be made as of the date of mailing of the County check, issuance of an Electronic Funds Transfer or Purchasing Card payment. 25. INSPECTION-ACCEPTANCE-For determining acceptance of supplies in accordance with the provisions of the prompt payment discount paragraph, inspection and acceptance shall be accomplished only after examination (including testing) of supplies and services to determine whether the supplies and services conform to the contract requirements. Acceptance shall occur only after receipt and inspection provided such inspection, as appropriate, is accomplished within a reasonable time. 26. DEFINITE BID QUANTITIES-Where definite quantities are specifically stated, acceptance will bind the County to order quantities specified and to pay for, at contract prices, all such supplies or services delivered that meet specifications and conditions of the contract. However, the County will not be required to accept delivery of any balances unordered, as of the contract expiration date, unless the Contractor furnished the County with a statement of unordered balances not later than ten (10) days after the termination date of the contract. 27. REQUIREMENT BID QUANTITIES-On "Requirement" bids, acceptance will bind the County to pay for, at unit bid prices, only quantities ordered and delivered. Where the County specifies estimated quantities, the Contractor shall not be required to deliver more than ten (10) percent in excess of the estimated quantity of each item, unless otherwise agreed upon. CONTRACT PROVISIONS 28. TERMINATION OF CONTRACTS-Contracts will remain in force for full periods specified and/or until all articles ordered before date of termination shall have been satisfactorily delivered and accepted and thereafter until all requirements and conditions shall have been met, unless: a. Terminated prior to expiration date by satisfactory deliveries of entire contract requirements, or upon termination by the County for Convenience or Cause. b. Extended upon written authorization of the County and accepted by Contractor, to permit ordering of unordered balances or additional quantities at contract prices and in accordance with contract terms. 29. TERMINATION FOR CONVENIENCE-A contract may be terminated in whole or in part by the County in accordance with this clause whenever the County shall determine that such a termination is in the best interest of the County. Any such termination shall be effected by delivery to the Contractor at least five (5) working days prior to the termination date of a Notice of Termination specifying the extent to which performance shall be terminated and the date upon which termination becomes effective. An equitable adjustment in the contract price shall be made for completed service, but no amount shall be allowed for anticipated profit on unperformed services. REVISED: 4/4/2013 Appendix A Page 5 of 9 30. TERMINATION OF CONTRACT FOR CAUSE- a. If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner his or her obligations under this contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this contract, the County shall thereupon have the right to terminate, specifying the effective date thereof, at least five (5) days before the effective date of such termination. In such event all finished or unfinished documents, data, studies, surveys, drawings, maps, models, and reports prepared by the Contractor under the contract shall, at the option of the County, become its property and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents. b. Notwithstanding the above, the Contractor shall not be relieved of liability to the County for damages sustained by the County by virtue of any breach of contract by the Contractor until such time as the exact amount of damages due to the County from the Contractor is determined. 31. CONTRACT ALTERATIONS-No alterations in the terms of a contract shall be valid or binding upon the County unless made in writing and signed by the County or its authorized agent. 32. SUBLETTING OF CONTRACT OR ASSIGNMENT OF CONTRACT FUNDS-It is mutually understood and agreed that the Contractor shall not assign, transfer, convey, sublet or otherwise dispose of his or her contractual duties to any other person, firm or corporation, without the previous written consent of the County. If the Contractor desires to assign his or her right to payment of the contract, Contractor shall notify the County immediately, in writing, of such assignment of right to payment. In no case shall such assignment of contract relieve the Contractor from his or her obligations or change the terms of the contract. 33. FUNDING-A contract shall be deemed binding only to the extent of appropriations available to each Agency for the purchase of goods and services. 34. DELIVERY/SERVICE FAILURES-Failure of a Contractor to deliver goods or services within the time specified, or within reasonable time as interpreted by the County, or failure to make replacements/corrections of rejected articles/services when so requested, immediately or as directed by the County, shall constitute authority for the County to purchase in the open market articles/services of comparable grade/quality to replace the services, articles rejected, and/or not delivered. On all such purchases, the Contractor shall reimburse the County, within a reasonable time specified by the County, for any expense incurred in excess of contract prices. Such purchases shall be deducted from the contract quantities if applicable. Should public necessity demand it, the County reserves the right to use or consume articles delivered or services performed which are substandard in quality, subject to an adjustment in price to be determined by the County. 35. NON-LIABILITY-The Contractor shall not be liable in damages for delay in shipment or failure to deliver when such delay or failure is the result of fire, flood, strike, act of God, act of Government, act of an alien enemy or by any other circumstances which, in the County's opinion, are beyond the control of the Contractor. Under such circumstances, however, the County may, at its discretion, cancel the contract. 36. NEW GOODS, FRESH STOCK-All Contractors, unless otherwise specifically stated, shall provide new commodities, fresh stock, latest model, design or pack. 37. NON-DISCRIMINATION-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, religion, color, sex, national origin, age, disability, or other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause. b. The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the contractor, will state that such Contractor is an equal opportunity employer. c. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. d. The Contractor will include the provisions of the foregoing paragraphs a, b, and c above in every subcontract or purchase order of over $10,000 so that the provisions will be binding upon each subcontractor or vendor. e. The County does not discriminate against faith-based organizations in the award or administration of County contracts. 38. UNAUTHORIZED ALIEN EMPLOYMENT-The Contractor does not, and shall not during the performance of the contract for goods and services in the Commonwealth, knowingly employ an unauthorized alien; as defined in the federal Immigration Reform and Control Act of 1986. 39. GUARANTEES & WARRANTIES-All guarantees and warranties required shall be furnished by the Contractor and shall be delivered to the County before final payment on the contract is made. Unless otherwise stated, manufacturer's standard warranty applies. 40. PRICE REDUCTION-If at any time after the date of the bid the Contractor makes a general price reduction in the comparable price of any material covered by the contract to customers generally, an equivalent price reduction based on similar quantities and/or considerations shall apply to this contract for the duration of the contract period (or until the price is further reduced). Such price reduction shall be effective at the same time and in the same manner as the reduction in the price to customers generally. For purpose of this provision, a "general price reduction" shall mean any horizontal reduction in the price of an article or service offered (1) to Contractor's customers generally, or (2) in the Contractor's price schedule for the class of customers, i.e., wholesalers, jobbers, retailers, etc., which was used as the basis for bidding on this solicitation. An occasional sale at a lower price, or sale of distressed merchandise at a lower price, would not be considered a "general price reduction" under this provision. The Contractor shall submit his or her invoice at such reduced prices indicating on the invoice that the reduction is pursuant to the "Price Reduction" provision of the contract documents. The Contractor in addition will within ten days of any general price reduction notify the Purchasing Agent of such reduction by letter. FAILURE TO DO SO MAY REQUIRE TERMINATION OF THE CONTRACT. Upon receipt of any such notice of a general price reduction, all ordering offices will be duly notified by the Purchasing Agent. The Contractor, if requested, shall furnish, within ten days after the end of the contract period, a statement certifying either (1) that no general price reduction, as defined above, was made after the date of the bid, or (2) if any such general price reductions were made, that as provided above, they were reported to the County within ten (10) days and ordering offices were billed at the reduced prices. Where one or more such general price reductions were made, the statement furnished by the Contractor shall include with respect to each price reduction (1) the date when notice of any such reduction was issued, (2) the effective date of the reduction, and (3) the date when the County was notified of any such reduction. 41. CHANGES-Should it become proper or necessary in the execution of this contract to make any change in design, or to make any alterations which will increase the expense, the County shall determine an equitable adjustment. No payment shall be made to the Contractor for any extra material or services, or of any greater amount of money than stipulated to be paid in the contract, unless some changes in or additions to the contract requiring additional outlay by the Contractor shall first have been expressly authorized and ordered in writing by contract amendment or otherwise furnished by the County. 42. PLACING OF ORDERS-Orders against contracts will be placed with the Contractor by authorized County personnel or on a Purchase Order executed and released by the County or its designee. The Purchase Order must bear the appropriate bid name and date. REVISED: 4/4/2013 Appendix A Page 6 of 9 DELIVERY PROVISIONS 43. RESPONSIBILITY FOR SUPPLIES TENDERED-Unless otherwise specified in the solicitation, the Contractor shall be responsible for the materials or supplies covered by the contract until they are delivered at the designated point, but the Contractor shall bear all risk on rejected materials or supplies after notice of rejection. Rejected materials or supplies must be removed by and at the expense of the Contractor promptly after notification of rejection, unless public health and safety require immediate destruction or other disposal of rejected delivery. If rejected materials are not removed by the Contractor within ten (10) days after date of notification, the County may return the rejected materials or supplies to the Contractor at his or her risk and expense or dispose of them as its own property. 44. INSPECTIONS-Inspection and acceptance of materials or supplies will be made after delivery at destinations herein specified unless otherwise stated. If inspection is made after delivery at destination herein specified, the County will bear the expense of inspection except for the value of samples used in case of rejection. Final inspection shall be conclusive except in regard to latent defects, fraud or such gross mistakes as to amount to fraud. Final inspection and acceptance or rejection of the materials or supplies will be made as promptly as practicable, but failure to inspect and accept or reject materials or supplies shall not impose liability on the County for such materials or supplies as are not in accordance with the specifications. 45. COMPLIANCE-Delivery must be made as ordered and in accordance with the solicitation or as directed by the County when not in conflict with the bid. The decision of the County as to reasonable compliance with delivery terms shall be final. Burden of proof of delay in receipt of goods by the purchaser shall rest with the Contractor. Any request for extension of time of delivery from that specified must be approved by the County, such extension applying only to the particular item or shipment affected. Should the Contractor be delayed by the County, there shall be added to the time of completion a time equal to the period of such delay caused by the County. However, the contractor shall not be entitled to claim damages or extra compensation for such delay or suspension. These conditions may vary for construction contracts. See Special Provisions for the individual solicitation. 46. POINT OF DESTINATION-All materials shipped to the County must be shipped F.O.B. DESTINATION unless otherwise stated in the contract or purchase order. The materials must be delivered to the "Ship to" address indicated on the purchase order. 47. ADDITIONAL CHARGES-Unless bought F.O.B. "shipping point" and Contractor prepays transportation, no delivery charges shall be added to invoices except when express delivery is authorized and substituted on orders for the method specified in the contract. In such cases, difference between freight or mail and express charges may be added to invoice. 48. REPLACEMENT-Materials or components that have been rejected by the County, in accordance with the terms of a contract, shall be replaced by the Contractor at no cost to the County. 49. PACKING SLIPS OR DELIVERY TICKETS-All shipments shall be accompanied by Packing Slips or Delivery Tickets. Contractors are cautioned that failure to comply with these conditions shall be considered sufficient reason for refusal to accept the goods. BILLING 50. BILLING-Billing for Frederick County, VA agency: Unless otherwise specified on the contract or purchase order (PO), invoices are to be submitted, in DUPLICATE, for each purchase order immediately upon completion of the shipment or services. If shipment is made by freight or express, the original Bill of Lading, properly receipted, must be attached to the invoice. Invoices should be mailed to the "BILL TO" address on the PO or to the appropriate address specified in the contract. PAYMENTS 51. PAYMENT- a. Payment shall be made after satisfactory performance of the contract, in accordance with all of the provisions thereof, and upon receipt of a properly completed invoice. Frederick County, VA reserves the right to withhold any or all payments or portions thereof for Contractor’s failure to perform in accordance with the provisions of the contract or any modifications thereto. b. Contractors shall indicate the payment methods that they will accept. Frederick County offers two payment methods, purchasing card (VISA credit card) or ACH (electronic deposit). The contractor’s flexibility in regard to payment methods accepted will be part of the contractor selection process. Acceptance of payment by purchasing card usually means that the vendor will need to have credit card processing capability, however, the County encourages vendors to check with their financial institutions to ascertain precisely what is necessary to accept the purchasing card. Frederick County will not pay additional fees in excess of the offered price to contractor for purchasing card acceptance to include, but not limited to, convenience fees and/or surcharges. c. Unless otherwise provided under the terms of the contract, interest shall accrue at the rate of one percent per month. d. Within seven days after receipt of amounts paid to the Contractor by the County for work performed by a subcontractor under the contract, the Contractor shall: (i) pay its subcontractor(s) for the proportionate share of the total payment received from the County attributable to the work performed by the subcontractor(s) under the contract; or (ii) notify the County and the subcontractor, in writing, of his intention to withhold all or a part of the subcontractor’s payment, with the reason for nonpayment. The Contractor shall pay interest to any subcontractor(s) on all amounts owed by the Contractor that remain unpaid after seven days following receipt by the Contractor of payment from the County for work performed by the subcontractor under that contract, except for amounts withheld as allowed in the previous sentence. The Contractor shall include the provisions of this paragraph 51.d in every subcontract or purchase order so that the provision will be binding upon each subcontractor or vendor. 52. PARTIAL PAYMENTS-Unless otherwise specified, partial payments will be made upon acceptance of materials or services so invoiced if in accordance with completion date. 53. RETAINAGE-Up to five percent (5%) of the value of the entire order may be retained until completion of contract, except that, per Virginia Code Section 2.2-4334(A), for contracts of $200,000 or more for the construction of highways, roads, streets, bridges, parking lots, demolition, clearing, grading, excavating, paving, pile driving, miscellaneous drainage structures, and the installation of water, gas, sewer lines and pumping stations, (the foregoing is exclusive of any buildings included in the construction), the contractor has the option, if the contractor exercises the option in its bid/proposal documents, to us an escrow account procedure for utilization of the retainage funds. In the event the contractor elects to use the escrow account procedure, the escrow agreement form included in the bid/proposal and contract shall be executed and submitted to the County within fifteen calendar days after notification. If the escrow agreement form is not submitted within the fifteen-day period, the contractor shall forfeit his rights to the use of the escrow account procedure. 54. PAYMENT FOR EQUIPMENT, INSTALLATION, AND TESTING-When equipment requires installation (which shall also be interpreted to mean erection and/or setting up or placing in position, service, or use) and test, and where such installation or testing is delayed, payment may be made on the basis of 50% of the contract price when such equipment is delivered on the site. A further allowance of 25% may be made when the equipment is installed and ready for test. The balance shall be paid after the equipment is tested and found to be satisfactory. If the equipment must be tested, but installation is not required to be made by the Contractor or if the equipment must be installed but testing is not required, payment may be made on the basis of 75% at the time of delivery and the balance shall be paid after satisfactory test or installation is completed. REVISED: 4/4/2013 Appendix A Page 7 of 9 GENERAL 55. GENERAL GUARANTY-Contractor agrees to: a. Save the County, its agents and employees harmless from liability of any nature or kind for the use of any copyrighted or uncopyrighted composition; secret process, patented or unpatented; invention; article or appliance furnished or used in the performance of a contract for which the Contractor is not the patentee, assignee, licensee or owner. b. Protect the County against latent defective material or workmanship and to repair or replace any damages or marring occasioned in transit or delivery. c. Furnish adequate protection against damage to all work and to repair damages of any kind to the building or equipment, to his or her own work or to the work of other contractors, for which his or her workers are responsible. d. Pay for all permits, licenses and fees and give all notices and comply with all federal, state and county laws, ordinances, rules and regulations. e. Protect the County from loss or damage to County owned property while it is in the custody of the Contractor. 56. SERVICE CONTRACT GUARANTY-Contractor agrees to: a. Furnish services described in the solicitation and resultant contract at the times and places and in the manner and subject to conditions therein set forth provided that the County may reduce the said services at any time. b. Enter upon the performance of services with all due diligence and dispatch, assiduously press to its complete performance, and exercise therein the highest degree of skill and competence. c. All work and services rendered in strict conformance to all laws, statues, and ordinances and the applicable rules, regulations, methods and procedures of all government boards, bureaus, offices and other agents. d. Allow services to be inspected or reviewed by an employee of the County at any reasonable time and place selected by the County. Frederick County shall be under no obligation to compensate Contractor for any services not rendered in strict conformity with the contract. 57. INDEMNIFICATION-Contractor shall indemnify, keep and save harmless the County, its agents, officials, employees and volunteers against claims of injuries, death, damage to property, patent claims, suits, liabilities, judgments, cost and expenses which may otherwise accrue against the County in consequence of the granting or performing of a contract or which may otherwise result therefrom, if it shall be determined that the act was caused through negligence or error, or omission of the Contractor or his or her employees, or that of the subcontractor or his or her employees, if any; and the Contractor shall, at his or her own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith; and if any judgment shall be rendered against the County in any such action, the Contractor shall, at his or her own expense, satisfy and discharge the same. Contractor expressly understands and agrees that any performance bond or insurance protection required by this contract, or otherwise provided by the Contractor, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the County as herein provided. 58. OFFICIALS NOT TO BENEFIT- a. Each bidder or offeror shall certify, upon signing a bid or proposal, that to the best of his or her knowledge no Frederick County official or employee having official responsibility for the procurement transaction, or member of his or her immediate family, has received or will receive any financial benefit of more than nominal or minimal value relating to the award of this contract. If such a benefit has been received or will be received, this fact shall be disclosed with the bid or proposal or as soon thereafter as it appears that such a benefit will be received. Failure to disclose the information prescribed above may result in suspension or debarment, or rescission of the contract made, or could affect payment pursuant to the terms of the contract. b. Whenever there is reason to believe that a financial benefit of the sort described in paragraph "a" has been or will be received in connection with a bid, proposal or contract, and that the contractor has failed to disclose such benefit or has inadequately disclosed it, the County Administrator, as a prerequisite to payment pursuant to the contract, or at any other time, may require the Contractor to furnish, under oath, answers to any interrogatories related to such possible benefit. c. In the event the bidder or offeror has knowledge of benefits as outlined above, this information should be submitted with the bid or proposal. If the above does not apply at time of award of contract and becomes known after inception of a contract, the bidder or offeror shall address the disclosure of such facts to the Frederick County Finance Department, 107 North Kent Street, 3rd Floor, Winchester, Virginia 22601. 59. LICENSE REQUIREMENT-All firms doing business in Frederick County, VA shall obtain a business license. Business licenses are issued by the Frederick County Commissioner of the Revenue and information, including step-by-step directions on how to obtain a Frederick County, VA Business License, can be found on their website at: www.frederickcountyva.gov/biztax. 60. REGISTERING OF CORPORATIONS-All business entities are required to be authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 or otherwise required by law. Business entities that are not already authorized will likely need to contact the State Corporation Commission, Post Office Box 1197, Richmond, Virginia 23209, telephone (804) 371-9733. The consequences, relative to public procurement, of failing to secure a certificate of authority are set forth in Virginia Code Section 2.2-4311.2. 61. COVENANT AGAINST CONTINGENT 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, except bona fide employees or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For violation of this warranty, the County shall have the right to terminate or suspend this contract without liability to the County or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. 62. VIRGINIA FREEDOM OF INFORMATION ACT-All proceedings, records, contracts and other public records relating to procurement transactions shall be open to the inspection of any citizen, or any interested person, firm or corporation, in accordance with the Virginia Freedom of Information Act except as provided below: a. Cost estimates relating to a proposed procurement transaction prepared by or for a public body shall not be open to public inspection. b. Any competitive sealed bidding bidder, upon request, shall be afforded the opportunity to inspect bid records within a reasonable time after the opening of all bids but prior to award, except in the event that the County decides not to accept any of the bids and to reopen the contract. Otherwise, bid records shall be open to public inspection only after award of the contract. Any competitive negotiation offeror, upon request, shall be afforded the opportunity to inspect proposal records within a reasonable time after the evaluation and negotiations of proposals are completed but prior to award except in the event that the County decides not to accept any of the proposals and to reopen the contract. Otherwise, proposal records shall be open to the public inspection only after award of the contract. Any inspection of procurement transaction records under this section shall be subject to reasonable restrictions to ensure the security and integrity of the records. c. Trade secrets or proprietary information submitted by a bidder, offeror or contractor in connection with a procurement transaction or prequalification application submitted pursuant to any prequalification process identified in the Special Provisions, shall not be subject to the Virginia Freedom of REVISED: 4/4/2013 Appendix A Page 8 of 9 Information Act; however, the bidder, offeror or contractor shall (i) invoke the protections of this section prior to or upon submission of the data or other materials, (ii) identify the data or other materials to be protected, and (iii) state the reasons why protection is necessary. BIDDER/CONTRACTOR REMEDIES 63. INELIGIBILITY- a. Any person or firm suspended or debarred from participation in County procurement shall be notified in writing by the County. Prior to the issuance of a written determination of disqualification or ineligibility, the public body shall i. notify the bidder in writing of the results of the evaluation, ii. disclose the factual support for the determination, and iii. allow the bidder an opportunity to inspect any documents that relate to the determination, if so requested by the bidder within five business days after receipt of the notice. Within ten business days after receipt of the notice, the bidder may submit rebuttal information challenging the evaluation. The public body shall issue its written determination of disqualification or ineligibility based on all information in the possession of the public body, including any rebuttal information, within five business days of the date the public body received such rebuttal information. b. The County shall have the authority to suspend or debar a person or firm from bidding on any contract for , including but not necessarily limited to: i. Conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract; ii. Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty which currently, seriously, and directly affects responsibility as a County contractor; iii. Conviction under the state or federal antitrust statutes arising out of the submission of bids or proposals; c. Violation of contract provisions, as set forth below, of a character which is regarded by the County to be so serious as to justify suspension or debarment action includes: i. failure without good cause to perform in accordance with the specifications or within the time limit provided in the contract; or ii. a recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts; provided, that failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor shall not be considered to be a basis for suspension or debarment; iii. Any other cause the County determines to be so serious and compelling as to affect responsibility as a contractor, such as debarment by another governmental entity for any cause listed herein, or because of prior reprimands; iv. The contractor has abandoned performance or been terminated for default on any other Frederick County project; v. The contractor is in default on any surety bond or written guarantee on which Frederick County is an obligee. d. If, upon appeal, it is determined that the action taken by the County was arbitrary or capricious, or not in accordance with the Constitution of Virginia, statutes or regulations, the sole relief available to the person or firm shall be restoration of eligibility. The person or firm may not institute legal action until all statutory requirements have been met. 64. APPEAL OF DENIAL OF WITHDRAWAL OF BID- a. A decision denying withdrawal of a bid submitted by a bidder or offeror shall be final and conclusive unless the bidder appeals the decision within ten (10) days after receipt of the decision by instituting legal action as provided in the Code of Virginia. The bidder or offeror may not institute legal action until all statutory requirements have been met. b. If, upon appeal, it is determined that the decision refusing withdrawal of the bid was arbitrary or capricious, or not in accordance with the Constitution of Virginia, applicable state law or regulation, or the terms or conditions of the Invitation for Bid, the sole relief shall be withdrawal of the bid. 65. APPEAL OF DETERMINATION OF NONRESPONSIBILITY- a. Any bidder who, despite being the apparent low bidder, is determined not to be a responsible bidder for a particular County contract shall be notified in writing by the County. Such notice shall state the basis for the determination, which shall be final unless the bidder appeals the decision within ten (10) days of receipt of the notice by instituting legal action as provided in the Code of Virginia. The bidder may not institute legal action until all statutory requirements have been met. b. If, upon appeal, it is determined that the decision of the County was arbitrary or capricious, or not in accordance with the Constitution of Virginia, applicable state law or regulation, or the terms or conditions of the Invitation for Bid, and the award for the particular County contract in question has not been made, the sole relief available to the bidder shall be a finding that the bidder is a responsible bidder for the County contract in question. Where the award has been made and performance has begun, the County may declare the contract void upon a finding that this action is in the best interest of the public. Where a contract is declared void, the performing contractor shall be compensated for the cost of performance up to the time of such declaration. In no event shall the performing contractor be entitled to lost profits. 66. PROTEST OF AWARD OR DECISION TO AWARD- a. Any bidder or offeror may protest the award or decision to award a contract by submitting a protest in writing to the County, or an official designated by the County of Frederick, no later than ten (10) days after the award or the announcement of the decision to award, whichever occurs first. Any potential bidder or offeror on a contract negotiated on a sole source or emergency basis who desires to protest the award or decision to award such contract shall submit such protest in the same manner no later than ten days after posting or publication of the notice of such contract. However, if the protest of any actual or potential bidder or offeror depends in whole or in part upon information contained in public records pertaining to the procurement transaction which are subject to inspection, then the time within which the protest must be submitted shall expire ten days after those records are available for inspection by such bidder or offeror or at such later time as provided herein. No protest shall lie for a claim that the selected bidder or offeror is not a responsible bidder or offeror. The written protest shall include the basis for the protest and the relief sought. The County shall issue a decision in writing within ten (10) days of the receipt of the protest stating the reasons for the action taken. This decision shall be final unless the bidder or offeror appeals within ten (10) days of receipt of the written decision by instituting legal action as provided in the Code of Virginia. b. If prior to award it is determined that the decision to award is arbitrary or capricious, or not in accordance with the Constitution of Virginia, applicable state law or regulation, or the terms or conditions of the Invitation for Bid, then the sole relief shall be a finding to that effect. The county shall cancel the proposed award or revise it to comply with the law. If, after an award, it is determined that an award of a contract was arbitrary or capricious, then the REVISED: 4/4/2013 Appendix A Page 9 of 9 sole relief shall be as hereinafter provided. Where the award has been made but performance has not begun, the performance of the contract may be declared void by the County. Where the award has been made and performance has begun, the County may declare the contract void upon a finding that this action is in the best interest of the County. Where a contract is declared void, the performing contractor shall be compensated for the cost of performance at the rate specified in the contract up to the time of such declaration. In no event shall the performing contractor be entitled to lost profits. c. Pending final determination of a protest or appeal , the validity of a contract awarded and accepted in good faith in accordance with this article shall not be affected by the fact that a protest or appeal has been filed. d. An award need not be delayed for the period allowed a bidder or offeror to protest, but in the event of a timely protest, no further action to award the contract will be taken unless there is a written determination that proceeding without delay is necessary to protect the public interest or unless the bid or offer would expire. 67. CONTRACTUAL DISPUTES- a. Any dispute concerning a question of fact as a result of a contract with the County which is not disposed of by agreement shall be decided by the County, which shall render a decision in writing and mail or otherwise forward a copy thereof to the contractor within ninety (90) days. The decision of the County shall be final and conclusive unless the contractor appeals within six (6) months of the date of the final written decision by instituting legal action as provided in the Code of Virginia. A contractor may not institute legal action, prior to receipt of the public body’s decision on the claim, unless the public body fails to render such decision within the time specified. b. Contractual claims, whether for money or other relief, shall be submitted in writing no later than sixty days after final payment; however, written notice of the contractor’s intention to file such claim shall have been given at the time of the occurrence or beginning of the work upon which the claim is based. Nothing herein shall preclude a contract from requiring submission of an invoice for final payment within a certain time after completion and acceptance of the work or acceptance of the goods. Pendency of claims shall not delay payment of amounts agreed due in the final payment. 68 .LEGAL ACTION-No bidder, offeror, potential bidder or offeror, or contractor shall institute any legal action until all statutory requirements have been met. 69. COOPERATIVE PURCHASING-The County may participate, sponsor, conduct or administer a cooperative procurement agreement on behalf of or in conjunction with one or more other public agencies or institutions or localities of the several states, of the United States or its territories, or the District of Columbia, for the purpose of combining requirements to increase efficiency or reduce administrative expenses in any acquisition of goods and services. Except for contracts for professional services, a public body may purchase from another public body’s contract even if it did not participate in the Request for Proposal (RFP) or Invitation for Bid (IFB), if the RFP or IFB specified that the procurement was being conducted on behalf of other public bodies. Nothing herein shall prohibit the assessment or payment by direct or indirect means of any administrative fee that will allow for participation in any such arrangement. 70. DRUG FREE WORKPLACE-During the performance of a contract, the contractor agrees to (i) provide a drug-free workplace for the contractor’s employees; (ii) post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the contractor’s workplace and specifying the actions that will be taken against employees for violations of such prohibition; (iii) state in all solicitations or advertisements for employees placed by or on behalf of the contractor that the contractor maintains a drug-free workplace; and (iv) include the provisions of the foregoing clauses in every subcontract of over $10,000, so that the provisions will be binding upon each subcontractor or vendor. For the purposes of this section, “drug-free workplace” means a site for the performance of work done in conjunction with a specific contract awarded to a contractor in accordance with this section, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the contract. APPROVED: _______________________________________ ______________________________________ COUNTY FINANCE DIRECTOR COUNTY ATTORNEY Cheryl B. Shiffler Roderick B. Williams Combined RFP document EXHIBIT "1" SCOPE OF SERVICES I. Standards of Cover Assessment. The deliverable for this scope of work is a Standards of Cover assessment report that is fully compliant with industry best practices in the field of deployment analysis. This evaluation and analysis of data will be based on nationally recognized guidelines and criteria, including recognized National Fire Protection Association (NFPA) standards, Insurance Services Office (ISO) schedules, any federal and state mandates relative to emergency services, and generally accepted practices within emergency services. All methodology used in this Standard of Cover analysis of the Department will follow the methodology described in the "Standards of Response Coverage, published by the Commission on Fire Accreditation International (CFAI). The Standards of Cover Assessment will include but not be limited to: Component A- General summary of the community and constituents served by the Department. • Service area general population and demographics • History, formation, and general description of the fire agency • Governance and lines of authority • Organizational design • Operating budget, funding, fees, taxation, and financial resources • Description of the current service delivery infrastructure Component B - Analysis and summary of the services provided by the Department. • Review and evaluation of calls for service demographics from an historical and live traffic perspective. • Review and evaluate operational staffing levels and distribution of resources. • Review and evaluate administration and support staffing levels, including an analysis of the Rocklin Fire Department hierarchy, distribution of workload, deployment, and management practices weighed against contemporary organization principles and business processes. • Review the Rocklin Fire Department performance goals, objectives, and measures. • Municipal ordinances related to fire and EMS delivery. • Review long-range plan. Component B1 – Management • Review all policies, procedures, directives, and agreements. • Standard operating guidelines for the fire department companies • By-laws for the fire department • Review management practices. • Review succession planning. • Review of budgets Component B2 – Volunteer Departments • Review agreements • Response statistics • Reimbursements • Overall assessment of relationship (operational & financial) between career and volunteer departments Component B3 – Facilities & Equipment Overview of the current facility and apparatus deployment strategy, analyzed through Geographical Information Systems (GIS) software, with identification of service gaps and, redundancies in initial unit arrival. • Provide a detailed review and analysis of both facilities and vehicle equipment needs (including flee t and facility plan suggestions and prioritizations) • Provide a review and analysis of personnel equipment needs. • Annalize the benefit of standardizing equipment purchases and assist in the creation of a standardized equipment purchase plan. Component B4 – Training • Review current training methodology (including a review of policies and procedures) and make recommendations for improvements Component C - Examine the effectiveness of inter-jurisdictional response. The area served by the Rocklin Fire Department is adjacent to partner agency providers. Today, those partnerships are established through mutual benefit agreements. The study shall evaluate the effectiveness and benefits of emergency services including services provided by the Rocklin Fire Department and by its partners. Component D -Analysis and summary of the Community Risk. Conduct an analysis of community fire protection risks, growth projections, and land uses and interpret their impact on emergency service planning and delivery. Land use, zoning classifications, parcel data, ISO fire flow data, economy value, building footprint densities, occupancy data, and demographic information should be used, along with specific target hazard information, to analyze and classify community fire protection risk by geography and type. Use local planning/zoning data combined with available Geographic Information System (GIS) data to evaluate the physical risks of the community to include: • Overall geospatial characteristics including political and growth boundaries, construction, and infrastructure limitations. • Topography including response barriers, elevation extremes, and open space/interface. • Transportation network including roads, rai I lines, airports, and waterways. • Evaluation of physical assets protected. An interpretation of available census and community development data must be provided indicating: • Population history • Census-based population and demographic information • Community planning-based population information • Transient population and demographic information • Population density • Community land use regulations • Occupancy types by land use designation • Hazardous substances and processes • Non-structural risk categorization Evaluate the current workload of the Rocklin Fire Department and relate that analysis to the previously described community risk. Prepare a demand study that analyzes and geographically displays current service demands by incident type and temporal variation. Prepare an analysis that will include a matrix showing the community's common and predictable risk types identifying staffing and resource needs. The matrix shall be developed with attention to: • Risk-specific staffing levels to meet the critical tasking analysis for the identified risks. • Apparatus assignments to accommodate the anticipated fire flows and other critical functions of the identified risks. • Time standards that will provide for effective initiation of critical tasks and functions. • Summary of current available resources in matrix format. Component E - Review of Historical Fire Service System Performance. Review and make observations regarding all areas involved in, or affecting, service levels and performance. Areas to be reviewed shall include, but not necessarily be limited to: Distribution Study Concentration Study • Analysis of response time capability to achieve full effective response force. • Analysis of company and staff distribution as related to effective response force assembly. Reliability.Study • Analysis of current workload, including unit hour utilization of individual companies. • Review of actual or estimated failure rates of individual companies. • Analysis of call concurrency and impact on effective response force assembly (resource drawdown). Capacity Study A study of the maximum emergency service capability of the Department resources inclusive of auto aid and mutual aid resources. Historical and Live Traffic Performance Summary Analysis of actual fire service system reflex time performance, analyzed by individual components. Component F - Performance Objectives and Measures. An appropriate set of goals and objectives must be developed for the Department specific to the nature and type of risks identified as common and predictable to the community. The goals and objectives shall be developed with respect to the following: • Distribution - Initial attack (first due) resources for risk-specific intervention. • Concentration - Effective response force assembly or the initial resources necessary to stop the escalation of the emergency for each risk type. Component G - Overview of Compliance Methodology. Work with the Department's management team to develop a methodology that will allow the Department to continually measure future performance. This methodology shall include, but not necessarily be limited to: • Records Management Systems (RMS) usage policies • Assignment of oversight responsibilities • Schedule of assessments • Review requirements • Department adopted metrics Component H - Evaluation, Conclusions, and Recommendations to Policy Makers. Develop and analyze various operational models for providing emergency services with the specific intent of identifying those options that can deliver the optimum levels of service identified in the previous components at the most efficient cost. Recommendations shall be provided identifying the best long range strategy for service delivery and the impact of initiating such a strategy. Develop one or more long range options for resource deployment that will improve the Department's level of service for the identified performance objectives and targets. This should include, but is not necessarily limited to, specific recommendations regarding: • Any relocation of existing facilities • General locations of future necessary fire stations • Selection and deployment of apparatus by type • Service delivery recommendations, including; deployment of operational staffing Evaluate and present in graphical and descriptive format for the deployment option(s): • Degree of benefit to be gained through its implementation: o Extent to which it achieves established performance targets o Potential negative consequences Component I - Develop and produce a draft version of the written report for review by the Department representatives. The draft report shall include: • An executive summary describing the nature of the report, the methods of analysis, the primary findings, and critical recommendations. • Detailed narrative analysis of each report component structured in easy-to-read sections, accompanied by explanatory support to encourage understanding by both staff and civilian readers. • Clearly designated recommendations highlighted for easy reference and catalogued as necessary in a report append ix. • Supportive charts, graphs, and diagrams, where appropriate. • Supportive maps, utilizing GIS analysis, as necessary. • Appendices, exhibits, and attachments, as necessary. Component J - Delivery of final written Standard of Cover Assessment Report. Complete any necessary revisions of the draft and produce ten publication-quality bound, final versions of the written report. If requested, present or assist with the presentation of the project report, and include the following: • A summary of the nature of the report, the methods of analysis, the primary findings, and critical recommendations. • Supportive audio-visual presentation. • Review and explanation of primary supportive charts, graphs, diagrams, and maps, where appropriate. • Opportunity for questions and answers, as needed. All presentation materials, files, graphics, and written material will be provided to the Department at the conclusion of the presentation(s). 1. Organizational Strategic Plan Facilitation The deliverable for the Strategic Plan scope of work will include the development of organizational Mission Vision, and Values along with a comprehensive set of Goals, Objectives, and Critical Tasks that can be implemented throughout the Department. The professional consultant will facilitate the development of a Strategic Plan initiative that is linked to the recent Standard of Cover Assessment Report as a supporting plan of action along with other organizational initiatives. Component A-Project Initiation & Scheduling Develop a project plan and converse with the department's project liaison to gain a comprehensive understanding of the goals and expectations for the strategic plan process. The project plan will be developed identifying: • Local strategic planning team composition and recruitment • Strategic planning workshop format • Schedule • Location and other logistical issues • Potential impediments and organizational issues This will also help to establish working relationships, make logistical arrangements, determine an appropriate line of communications, and finalize contractual arrangements . Component B - Planning Workshop Facilitate the development of an organizational strategic plan utilizing a local planning team (12 to 20 persons) that includes representatives of various levels and interests within the City. Objective 1.: Vision1Mission1 and Values Through the use of an experienced facilitator, guide the local planning team in the development of meaningful vision, mission, and values: • Vision statements describe the way the organization views itself in the future. • Mission statement describes the purpose for which the organization exists. • Values enumerate the principles or ideas that are important to the members. Facilitate discussions that ensure participation by all present in order to stimulate challenging thought processes, prevent tangential discussion, and move the group to consensus. Consensus identification of key internal standards creates the moral and practical guidelines of the organization. Objective 2: Internal and External Assessments Guide the local planning group through the honest and objective assessment of internal issues and the assessment of external challenges. Objective 3: Goals and Objectives Guide the local planning team in the establishment of goals and objectives, critical tasks, and timelines that are imperative to the organization and the participation of individual members. Objective 4: Performance Measurements Direct the local planning team in discussions regarding performance measures that assist the organization in measuring their progress toward the organizational vision. Component C - Development and Review of Draft Project Report Develop and produce a draft version of the written Strategic Plan report for review by the Department representatives. The draft report shall include: • An executive summary describing the nature of the report, the methods of analysis, the primary findings, and critical recommendations. • Detailed narrative analysis of each report component structured in easy to read sections, accompanied by explanatory support to encourage understanding by both staff and civilian readers. • Clearly designated recommendations highlighted for easy reference and catalogued as necessary in a report append ix. • Supportive charts, graphs, and diagrams, where appropriate. • Supportive maps, utilizing GIS analysis, as necessary. • Appendices, exhibits, and attachments, as necessary. Component D - Delivery of Final Strategic Plan Document Complete any necessary revisions of the draft and produce ten publication-quality bound, final versions of the written report. If the Department identifies the need, a formal presentation of the project report shall be made by Department and consultant team member's to City and/or, elected officials, and/or the general public, and shall include the following: • A summary of the nature of the report, the methods of analysis, the primary findings, and critical recommendations. • Supportive audio-visual presentation. • Review and explanation of primary supportive charts, graphs, diagrams, and maps, where appropriate. • Opportunity for questions and answers, as needed. All presentation materials, files, graphics, and written material will be provided to the Department at the conclusion of the presentation(s).