ECONOMIC DEVELOPMENT WEBSITE REDESIGN RFP …...Economic Development Website Redesign RFP#14-40 I-1...

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REQUEST FOR PROPOSALS CHARLES COUNTY, MARYLAND ECONOMIC DEVELOPMENT WEBSITE REDESIGN RFP NUMBER 14-40 March 19, 2014 Prepared For: Charles County Department of Economic Development

Transcript of ECONOMIC DEVELOPMENT WEBSITE REDESIGN RFP …...Economic Development Website Redesign RFP#14-40 I-1...

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REQUEST FOR PROPOSALS

CHARLES COUNTY, MARYLAND

ECONOMIC DEVELOPMENT WEBSITE REDESIGN

RFP NUMBER 14-40

March 19, 2014

Prepared For:

Charles County

Department of Economic Development

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Table of Contents

PART I - INSTRUCTIONS TO OFFERORS

1.0 PREPARATION OF PROPOSAL ............................................................................ I-1

2.0 CONTRACT INFORMATION ................................................................................. I-4

3.0 PROPOSAL CONTENT ............................................................................................ I-6

4.0 EVALUATION PROCESS CRITERIA ................................................................. I-14

5.0 SOCIO-ECONOMIC PROGRAMS ....................................................................... I-14

6.0 MISCELLANEOUS TERMS .................................................................................. I-16

7.0 FORMS ...................................................................................................................... I-21

PART II - GENERAL PROVISIONS

1.0 GENERAL PROVISIONS ........................................................................................ II-1

PART III - SCOPE OF WORK

1.0 GENERAL ................................................................................................................ III-1

2.0 PROJECT GOALS .................................................................................................. III-1

3.0 PROJECT DETAILS ............................................................................................... III-1

4.0 OWNERSHIP ........................................................................................................... III-3

5.0 SITE DESIGN .......................................................................................................... III-3

APPENDICES

APPENDIX A ................................................................................................................... APP-1

APPENDIX B ................................................................................................................... APP-4

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PART I - INSTRUCTIONS TO OFFERORS

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1.0 PREPARATION OF PROPOSAL

1.1 GENERAL PROPOSAL INFORMATION

The County Commissioners of Charles County are hereby requesting proposals from qualified

contractors to provide creative/graphic design services and the redesign and development of a

new economic development website.

1.2 PROPOSAL PACKAGE

Proposals must be responsive to the scope, specifications, and all other criteria required in Part I,

Section 3.0, PROPOSAL CONTENT, page I-6. Failure to fully comply with requirements may

result in a proposal being rejected as non-responsive.

1.2.1 Technical Proposals must be submitted in accordance with, and contain all

information required by Part I, Section 3.1, Technical Proposal Content.

1.2.2 Cost Proposals must be submitted in accordance with the requirements contained in

Part I, Section 3.2, Cost Proposal Content. The proposed Total Sum shall include all

work required in the Scope of Services, and be all inclusive – no additional fees or

costs will be permitted after award of the contract. The Cost Proposal must be signed

by an officer authorized to make a binding commitment for the firm proposing.

No exceptions may be taken to the requirements of this solicitation. However, additional ideas,

concepts, and recommendations are encouraged and will be considered during proposal review.

All proposals shall be valid and irrevocable for a minimum of one hundred-twenty (120) days

from the due date.

The Original Proposal package shall include the following:

Technical Proposal, Including APPENDIX B, Site Design Components

Cost Proposal;

Addendum Certification;

Intended Non-MBE Subcontractors form;

Charles County MBE Utilization Affidavit;

Proposed MBE Subcontractors form;

SLBE Utilization Affidavit (if applicable);

Official Letter of SLBE Intent (if applicable);

Non-Collusion Affidavit;

Proposal “Copies” shall contain the Technical Proposal only.

By submitting a proposal in response to this RFP, the Offeror certifies their acceptance of all

terms and conditions set forth within this document, which will be made a part of the contract.

PROPOSAL SUBMISSION

Offerors shall submit two (2) unbound Original Proposals and one (1) CD containing the

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Original Proposal – all marked “Original Proposal”, and six (6) bound copies of the Technical

Proposal – all marked “Technical Proposal”. Original Proposals shall be submitted in an

envelope/box marked “Original Proposals”. Technical Proposal copies shall be submitted in an

envelope/box marked “Technical Proposal”. Both Original Proposal and Technical Proposal

envelopes/boxes should then be sealed in another envelope/box marked “RFP No. 14-40,

ECONOMIC DEVELOPMENT WEBSITE REDESIGN - DO NOT OPEN” and be

submitted to:

Fred Shroyer, Chief of Purchasing

Charles County Government

Address for USPS Mail delivery*: Physical address for courier delivery:

P.O. Box 2150 200 Baltimore Street

La Plata, MD 20646 La Plata, MD 20646

*NOTE: Due to a remote USPS mail delivery site and Charles County mail processing times,

mail delivered to the Post Office Box may not be received by Purchasing until the following day.

It is the Offeror’s responsibility to ensure that proposals are delivered to the Purchasing Office

(Room #B130) before the due date and time. Any proposals not received timely will not be

considered.

1.3 SOLICITATION SCHEDULE

Milestone Date

RFP Published Wednesday, March 19, 2014

Pre-Proposal Meeting Wednesday, April 2, 2014, at 10:00 am

Last Day for Questions Friday, April 4,2014, before 4:30 pm

Last Day for Addendums Wednesday, April 9, 2014

Proposals Due to County Wednesday, April 16, 2014, Before 3:00 pm

1.4 PRE-PROPOSAL MEETING LOCATION

A pre-proposal meeting will be held at the Charles County Department of Economic

Development, 10665 Stanhaven Place, Suite 206, White Plains, MD 20695. See Part I, Section

1.4 for the date and time. Those unable to attend in person may participate by telephone. Dial

712-432-1212 on the date and time of the meeting (4/2/14 at 10 am). You will be prompted to

enter Meeting ID 719-469-531#. Attendance roster and questions asked at the meeting will be

published in an addendum.

1.5 DUE DATE FOR SUBMISSION OF PROPOSALS

Please see the Solicitation Schedule, above, for the due date and time for bids. Proposals are due

in the Purchasing Office (Room #B130) before the due date and time specified. It is the

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Offeror’s responsibility to ensure that proposals are delivered to the Purchasing Office before the

due date and time. Submission, modification, or withdrawal of proposals after the due date/time

will NOT be considered. All proposals shall be valid and irrevocable for a minimum of one

hundred-twenty (120) days from the due date.

1.6 QUESTIONS

All inquiries concerning this solicitation must be directed in writing only (via email only) to:

Fred Shroyer, Chief of Purchasing

Purchasing Office

Email: [email protected]

Please see the Solicitation Schedule, above, for the due date for questions.

1.7 ADDENDA AND SUPPLEMENTS

In the event that it becomes necessary to revise any part of this solicitation, or if additional

information is necessary to enable the Offeror to make an adequate interpretation of the

provisions of this solicitation, a supplement to the solicitation will be issued. The Offeror shall

acknowledge in their bid, the receipt of all addenda, supplements, amendments, or changes to the

solicitation that were issued by the County. Oral statements made by County personnel shall not

bind the County in any manner whatsoever and cannot be used to protest or otherwise challenge

any aspect of this solicitation or subsequent agreement.

If any person contemplating submitting a proposal in response to this solicitation is in doubt as to

the true meaning of any part of the solicitation, they may submit to the County, a minimum of

fourteen (14) calendar days prior to the scheduled due date, a written request for an interpretation

or correction thereof. The person submitting the request will responsible for its prompt delivery.

Any interpretation, correction, changes to the solicitation will be made only by addendum

duly issued, and will be posted on the County Bid Board found at

www.charlescountymd.gov. Click on “Procurement Opportunities” and then “Bid Board”.

Any and all addenda issued prior to the proposal due date/time shall become a part of the

contract documents and shall be covered in the bid prices, unless an alternate schedule is

presented by addendum. It is the responsibility of the Offeror to check the County Bid Board as

frequently as necessary to obtain all updates and addenda to the solicitation.

1.8 SIGNATURES

The Cost Proposal Form must be signed by an officer authorized to make a binding commitment

for the firm submitting the Proposal.

1.9 ORAL PRESENTATIONS:

The County may require selected Offerors to make oral presentations in order to clarify their

proposals.

1.10 REJECTION OF BIDS/PROPOSALS

Although not intended to be an exhaustive list of causes for disqualification, any one or more of

the following causes, among others, may be sufficient for the disqualification of an Offeror and

the rejection of its bid:

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Evidence of collusion among Offerors.

Lack of competency revealed by financial statements, experience, equipment

statements, or other factors.

Lack of responsibility as shown by past work, judged from the standpoint of

workmanship as submitted or from previous experience with the Offeror.

Default on a previous similar contract for failure to perform.

Being delinquent in payments due to Charles County Government.

The County reserves the right to reject any/all proposals, to waive irregularities and/or

informalities in any proposal, and to make award in any manner, consistent with law, deemed in

the best interest of the County.

1.11 ELIGIBILITY FOR AWARD

By submitting a proposal in response to this solicitation, the Offeror certifies that their firm is not

debarred, suspended, or otherwise ineligible for participation in government procurement by the

federal government, the State of Maryland, or any other state, county, or municipal government.

The firm certifies that it is not delinquent in any payments due to Charles County Government.

The County reserves the right to refuse bids and/or not contract with firms in a delinquent

payment status with Charles County Government.

2.0 CONTRACT INFORMATION

2.1 AWARD OF CONTRACT

The County intends to award this contract on the basis of a combination of the evaluation of the

offerors’ experience and qualifications, as well as the cost proposed. Award will not be based

upon cost alone, and this solicitation does not commit the County to award a contract or to award

to that firm which has submitted the lowest cost, The County may also choose to award based

solely upon qualifications and experience if it is in the County’s best interest to do so. In

addition, the County reserves the right to accept any proposal either in part or in its entirety. The

contract entered into with the successful offeror shall meet all standard provisions required by

the County and by any involved government agencies. Failure of the County and the Offeror

selected to negotiate a mutually agreeable period in which to complete the work shall be

sufficient grounds for the County not to award to that Offeror.

The County reserves the right to reject any subcontracted relationship if changes or additions of

subcontractors are necessary during the life of the contract. The Contract documents will consist

of the Contract, this Solicitation, the Offeror’s proposal, and any addenda or other modifications

to the solicitation.

2.2 TERM OF CONTRACT

Subsequent to final execution of the Contract by both parties, and after a Notice to Proceed

issued by the County, the Contractor shall complete all required work within a specified number

of consecutive calendar days to be agreed upon by the County and the Contractor prior to

execution of the Contract. In addition, the Contract shall be valid for a period of three years

from the date of final execution for additional work, over and above that required by the Scope

of Work, at the rates contained in the Contractor’s proposal.

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2.3 BID/AWARD PROTESTS

All protests made pursuant to this solicitation must be in writing and delivered to the Chief of

Purchasing: (a) within ten (10) calendar days after the Purchasing Office has publicly posted the

proposed contract award, if the Offeror seeks as a remedy the award of the contract, or (b) before

the submission date for bids, if the Offeror seeks as a remedy the cancellation or amendment of

the solicitation. Each protest must contain a protest filing fee in the amount of $500 (US

currency); if the fee is paid by check, then the check must be made out to “Charles County

Government”. The Chief of Purchasing, may, at his sole election, return the filing fee to the

protesting Offeror, if the protest is sustained. Filing fees for unsustained protests shall not be

returned. The Chief of Purchasing must dismiss any protest not timely received.

Only an Offeror that is “aggrieved” is eligible to file a protest. Aggrieved means that the Offeror

who is filing the protest is susceptible for an award of the contract if the protest is sustained (e.g.,

a fourth ranked Offeror is not aggrieved unless the grounds for a protest, if sustained, would

disqualify the top three ranked Offerors or would require that the solicitation be reissued). Each

protest must contain the following: identification of the solicitation; the name, address and

telephone number of the protesting Offeror; a statement supporting that the Offeror is aggrieved;

and specification of all grounds for the protest, including submission of detailed facts and all

relevant documents, citation to relevant language in the solicitation, regulations, or law relied

upon; and, all other matters which the Offeror contends supports the protest. The burden of

production of all relevant evidence, data and documents, and the burden of persuasive argument

to support the protest is on the Offeror making the protest.

The Chief of Purchasing shall forward to the County Attorney, all protests timely received and

appropriate information addressing the circumstances of the protest. The Chief of Purchasing

shall also forward for the County Attorney’s information, all protests not timely received and/or

otherwise ineligible, that was dismissed by the Chief of Purchasing.

The Chief of Purchasing, after consultation with the County Attorney, shall determine whether to

sustain or reject the protest, and shall provide written notice of his determination to the Offeror

making the protest, and to the County Attorney. In the case of a sustained protest, the Chief of

Purchasing, after consultation with the County Attorney, shall determine what remedy shall be

taken to redress the protest. All decisions of the Chief of Purchasing shall be final, and not

subject to appeal.

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3.0 PROPOSAL CONTENT

3.1 TECHNICAL PROPOSAL CONTENT. DOCUMENTS AND FORMS TO BE

SUBMITTED:

The Technical Proposal shall be submitted separately from the Cost Proposal.

The vendor must furnish the following technical proposal documents to the County. Failure to

comply with this requirement may render the proposal incomplete and/or non-responsive and

may result in its rejection. All requirements contained in Part III, Scope of Work, must be

addressed in the technical proposal.

Please note: Additional ideas, concepts, and recommendations are encouraged and will be

considered during proposal review.

3.1.1 Transmittal/ Cover Letter

The Transmittal Letter will include the name of the proposing vendor, address, telephone

number, e-mail address, and point of contact.

The Transmittal/Cover Letter should not exceed one (1) page in length.

3.1.2 Company Profile

The following company profile information must be provided:

a. Firm name and address, including telephone, and web site address

b. Year established (including former names and years established, if applicable)

c. Type of ownership and parent company, if any

d. Areas of expertise

e. Location of the company’s help desk

The company profile should not exceed three (3) pages in length.

3.1.3 Key Personnel

Provide names of graphic and other creative designer(s), web designer(s), web developer(s),

copy writer(s), content manager(s), and any other key personnel who will work on the EDD

project, including each individual’s relevant experience.

This section should not exceed ten (10) pages in length.

3.1.4 Project Assumptions and Expectations

Provide all key assumptions you are making. List all expectations of County involvement. If

there are no additional assumptions, please indicate this is the case.

This section should not exceed two (2) pages in length.

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3.1.5 Proposed Approach

This section should include the following:

a. Provide a summary that demonstrates complete understanding of the project.

b. Discussion regarding each project component for Creative Development (Graphic and

Creative Elements, Administrative Communication and Marketing Package)

c. Discussion regarding each project component for Website Development (Site Design,

Site Development, Training, Copy Writing, Implementation, Go Live, and One Year

Support)

d. Using the form provided as Appendix B, “Site Design Components”, published

separately as a Word document, discuss each project component for Site Design as listed

in Section 5.0, Table 5.2 - Website Design and Functionality and Website Features.

e. For project component discussions, please address the following:

i. How will requested items be accomplished?

ii. Any questions regarding items listed in Site Design should be answered.

iii. Clearly identify any items that are not feasible or are impractical.

iv. Clearly identify any items which add an exorbitant cost to the proposal.

f. The name and description of the CMS being proposed, along with links to websites that

the vendor has developed using the proposed CMS

g. The name and description of the Analytics tools being proposed

h. The programming language being used for development

i. The database being used for data storage

This section should not exceed thirty (30) pages in length.

3.1.6 System Software and Hardware Requirements

Please include the hardware, database, operating system, and software necessary for servers,

PCs, and peripherals should Charles County decide to host the website in-house.

Charles County’s computing environment is detailed in Appendix A.

This section should not exceed two (2) pages in length.

3.1.7 Implementation Plan / Schedule

Describe in detail the implementation of the proposed website. Include discussion of how

project will be phased, including number of calendar days to complete each phase, and the total

number of calendar days to fully implement the project. Include milestones in project schedule.

This section should provide a detailed timeline of the project, from the kick off to the final

acceptance. Required County involvement to move timeline along should be indicated.

Discuss the process proposed to ensure that EDD staff has the opportunities for frequent reviews

and input during the design, development, and copy writing phases.

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Define and identify the point at which the implementation of the website would be deemed

complete and turned over to the County for fully functional operations.

This section should not exceed ten (10) pages in length.

3.1.8 Experience

Provide documentation relative to your firm’s experience in the design, development, and

implementation of economic development websites and creative design similar to that outlined in

this RFP. If proposing to subcontract any portion of the work, the same information must be

provided for each subcontractor.

Briefly summarize your firm’s experience and relate its relevance to the proposed project in

terms of technical scope, tasks involved, deliverable products, etc. (Do not include an extensive

list of projects that are not relevant to this project.)

Please list any experience in economic development or marketing activities for the following

locales:

a. Charles County, MD

b. DC Metro Area

c. Maryland

This section should not exceed five (5) pages in length.

3.1.9 References

A minimum of five (5) project references with similar scope must be provided. The projects must

have been implemented within the last 36 months.

For each project include the following:

a. Project name

b. Website URL

c. Name and address of client

d. Client contact person (name, position, e-mail address, current phone number)

e. Implementation date

f. Description of services provided

g. Contract amount

h. Status and comments

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This section should not exceed ten (10) pages in length.

3.1.10 Training

Provide an overview of proposed training, including options for on-site, web training, training

center services, etc. Detail number of training sessions being proposed as well as the intended

audience. Detail any training documentation provided to the users, which can be used in the

future as reference documents.

a. Vendor shall describe in detail how training will be conducted and how vendor will make

its staff available for training during the design and implementation process.

b. Vendor shall describe any ongoing or periodic training necessary or recommended after

website launch.

This section should not exceed three (3) pages in length.

3.1.11 Ongoing Content Management

In order for the Charles County EDD website to become and remain an informative and powerful

tool, the content must be updated regularly to stay current and informative.

The vendor should include in their proposal an operational plan for providing and updating the

website copy on an ongoing basis. The operational plan should cover:

a. Details regarding the processes involved in updating the content (recommendation,

discussion, review, approval, etc.)

b. Information to be provided by the vendor

c. Information to be provided by EDD staff

d. Frequency of revisions

e. Basic grammar/spelling tools utilized

f. Controls in place to ensure that EDD staff and vendor do not interfere with each other’s

work should both be updating the site at the same time.

This section should not exceed three (3) pages in length.

3.1.12 Technical Maintenance and Support

Provide an overview of proposed technical maintenance and support recommended after the

launch of the website to ensure website remains fully-functioning and continues to meet the

requirements of the Department of Economic Development’s initiatives.

Details to be included:

a. Any ongoing support and/or maintenance required after full implementation to maintain

the proposed solution.

b. The methods by which support and maintenance will be provided.

c. An estimate of the frequency of any support or maintenance needed.

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This section should not exceed three (3) pages in length.

3.1.13 Website Hosting

Depending on a variety of factors, Charles County may determine that it is beneficial to have the

website hosted. Should Charles County choose to have the vendor host the site, the content

must be available to review at all times. As a part of the contract, Charles County will be

provided with the complete content of the hosted site at predetermined time intervals. Content

should be provided on DVD or other agreed upon media. Content should be available within 48

hours of request.

If the vendor has the ability to host the solution, please complete the table below:

Item Description Comments

a. Please detail your hosting procedures

b. Identify the main and redundant (if any) locations of

the hosting servers

c. Detail the failover mechanisms in place for the

hosting servers

d

Describe the security at your main and redundant

processing centers including, but not limited to,

physical security, system and data security.

e.

Describe your procedures for conducting backups

including details for the various types of backups

(system, application, data, etc.), the frequency (daily,

weekly, etc.), the methodology (full, incremental,

etc.) and the associated retention schedules.

f.

Describe security measures related to backup media

(authorized access to backup media, off-site storage

location, method/frequency of transport to off site

location, encryption, etc.)

g.

Detail your ongoing maintenance and testing

procedures which ensure system continues to

perform at desired and acceptable levels.

h. Include a copy of your disaster recovery plan

i.

System must be available for usage and activation

99.99% of the time (uptime). System must not be

rendered inoperable for the purpose of routine

maintenance, system software upgrades or hardware

additions. Detail how uptime percentage is calculated

and how Charles County will be compensated for

downtime beyond the agreed level.

j.

All scheduled website maintenance must be

performed between the hours of midnight and 4am

EST. This would include backups, error resolution,

standard system maintenance and upgrades.

k. Site must be designed and data must be maintained

in a manner that would allow Charles County

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Government to move from one hosting service to

another, should the County decide to bring the

website in-house from the vendor or vice versa.

3.1.14 Favored Websites

Listed below are some websites that provide a “look and feel” for the type of site and

functionality we are looking for.

http://www.biz.loudoun.gov/

http://www.gostaffordva.com/

http://www.gilbertedi.com/

http://www.centralvirginia.org/

http://www.choosewindsoressex.com/?fullsite=true#

http://www.thinkbradentonarea.com/home.aspx

3.1.15 Sample Software as a Service (SaaS) Agreement

Depending on a variety of factors, Charles County may decide that it is in its best interests to

have the EDD website hosted. Please provide a copy of the SaaS agreement that Charles County

would be required to sign should we want the website to be hosted at your location.

3.1.16 Listing of Other Available Services

Please provide a detailed description of other available services that could be provided to Charles

County EDD in addition to the creative development and website redesign.

3.2 COST PROPOSAL CONTENT

The Cost Proposal shall be submitted separately from the Technical Proposal, and will be

included in the “Original Proposal”.

Provide an itemized list of all costs related to the implementation of your proposed solution, and

the total lump-sum cost to the County for a fully functional system that incorporates all

requirements as contained in this solicitation.

There shall be no hidden costs associated with this request. The County shall not be responsible

for the reimbursement of any costs not specifically set forth in the proposal. In addition, the

County shall reserve the right to accept any part or all of the proposer's fee schedule.

Final contract amount will be subject to negotiation to determine exact scope of services to be

provided and final contract fee amount.

This section should not exceed five (5) pages in length.

Detail the costs associated with each of the items below:

3.2.1 Project Costs, including but not limited to:

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a. Design costs

b. Development costs

c. Copywriting costs

d. Onsite visit costs

e. Training costs

o Pricing for all training occurring through the date of website launch for public use

shall be included in the total price quoted for the project.

o A separate quote for the cost of any ongoing training occurring after website

launch shall additionally be provided.

f. 1st Year support costs

g. Other (detail each type of other cost)

3.2.2 Recurring Annual Maintenance Costs

a. Detail specifically what is included in the recurring annual maintenance costs

b. In regard to help desk support, indicate hours and the support communication methods

available to the County (e.g. e-mail, telephone, chat)

c. Other (detail each type of other cost)

d. Pricing for all support and maintenance occurring through the date of website launch for

public use shall be included in the total price quoted for the project.

e. A separate quote for the cost for ongoing maintenance and support occurring after

website launch shall additionally be provided.

3.2.3 Ongoing Development Costs

a. It is anticipated that there may be additional functionality required for the site that cannot

be implemented via the proposed CMS

b. Detail hourly cost of implementing new functionality (include breakdown for type of cost

– analyst, programmer, etc.)

3.2.4 Software Licensing information

a. Detail costs associated with the use of any of the supplied components; for example,

Content Management System, Analytics Software, etc. For each component, along with

cost, detail the following:

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i. proposed software licensing structure related to the costs above

ii. number and type of licenses

iii. number of users, concurrent users, unlimited users, specific user types etc.

iv. when referring to users in regard to the pricing, state the user type, provide a

definition of the user type and identify all licensing costs associated with the user

type

3.2.5 Website Hosting Costs

a. Depending on a variety of factors, the County may determine that it is beneficial to have

the website hosted.

b. Detail annual hosting cost. Annual hosting cost should include all components of hosting

requirements (storage, security, capacity, maintenance, etc.) detailed under Website

Hosting section. If the cost associated with a particular component can be itemized,

please detail on the cost proposal.

3.2.6 Ongoing Content Management

a. Depending on a variety of factors, the County may determine that it is beneficial to have

the vendor maintain content on the website, in addition to EDD staff. This would

include:

i. Updating of content on web pages (text, images and other requests)

ii. Re-format and streamline web pages to enhance visitor experience with the

website

iii. Continually suggest ways to upgrade the visual and navigational experience

b. Detail any and all costs associated with vendor maintenance of content. Include any sort

of maximum parameters/transactions associated with this maintenance (hours, entries,

uploads, words, etc.)

c. Provide a list of staff positions, by title, along with their respective hourly rates, for

additional work that could be required for the website, over and above that required by

the scope of work, as well as for marketing services not related to the website. Also

include rates for travel, copying, etc. These rates shall be firm for a term of three years

after the Contract date.

This section not to exceed five (5) pages in length.

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4.0 EVALUATION PROCESS CRITERIA

Each proposal will be scored in accordance with the following breakdown for a total of 100%.

a. Technical Proposal, qualifications/experience 60%

b. Fee (Reviewed after evaluation of technical proposals) 40%

Criteria for review will include, but not be limited to, the following:

a. The overall quality and completeness of the response

b. Demonstrated understanding of the project

c. Vendor’s proven experience and successful track record of performing the following for

economic development organizations (EDO’s) representing jurisdictions similar to

Charles County or larger:

a. developing creative and graphic elements including logos and taglines

b. developing web sites

d. Familiarity with Charles County, DC Metro Region, and/or Maryland as demonstrated by

previous economic development and/or marketing activities

e. Functionality and features of proposed website

f. Detail of services to be provided

g. Demonstration of firm’s experience, expertise, and quality of work

h. Work process utilized by vendor

i. Evidence of timely completion of projects

j. Proposed schedule timeliness

k. References

l. Competitive fees

m. Overall value based on price, experience, and deliverables

Depending on the number of submissions and evaluation scores, the County may request

additional information, best and final offers, and/or interviews from selected respondents prior to

awarding the contract.

The County reserves the right to award irrespective of the cost. This would be especially the

case if interviews are conducted.

5.0 SOCIO-ECONOMIC PROGRAMS

5.1 MINORITY BUSINESS ENTERPRISE (MBE) PROGRAM

Offerors are advised that Charles County Government has established a MBE Program which

applies to all formal solicitations. There is an aspirational minimum goal of 25% MBE

participation for each project.

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The County recognizes, as Minorities, the following groups: African Americans; American

Indians/Native Americans; Asians; Hispanics; Women; Physically or Mentally Disabled persons

and Disabled American Veterans. The County will automatically recognize MBE status for any

firm certified by the Maryland State Highway Administration, Federal 8-A registration or

Charles County Government. Information concerning the Charles County MBE Registration

Process may be obtained by contacting the Charles County Purchasing Office, at (301) 645-

0656.

The solicitation documents included herein contain a form entitled “Minority Business

Enterprise Utilization Affidavit”. This document indicates the MBE certification status of the

Offeror, as well as, the level of MBE participation of any sub-contractor or suppliers. Offerors

are requested to complete the form and submit it with their proposal package. The awarded

Offeror shall be required to report MBE Utilization to the County post award on the County’s

“MBE Utilization – Post Award” form, if they have proposed any MBE usage. The County

maintains a list of registered MBE firms on its Purchasing Division website located at

http://www.charlescountymd.gov/fas/purchasing/purchasing.

5.2 SMALL LOCAL BUSINESS ENTERPRISE (SLBE) PROGRAM:

Proposers are advised that Charles County Government has established a Small Local Business

Enterprise (SLBE) Program, which registered Charles County SLBE firms responding to this

solicitation may receive a preference in accordance with the provisions of the Program that may

apply to a formal solicitation resulting in an award of less than $500,000 if they:

Are registered in the Charles County SLBE Program and eligible in all other respects, at

the time the firm’s bid/proposal is submitted.

Complete the attached SLBE forms and indicate their SLBE status.

Are susceptible for award for a contract valued less than $500,000.

SLBE firms must meet all requirements of the RFP, and will not be granted exceptions based

upon SLBE status.

Information concerning the Charles County SLBE Registration Process may be obtained by

contacting the Charles County Purchasing Office, at (301) 885-1334. The County maintains a list

of registered SLBE firms on its Purchasing Division website located at

http://www.charlescountymd.gov/fas/purchasing/purchasing.

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6.0 MISCELLANEOUS TERMS

6.1 INCURRING COSTS

The County is not liable for any costs incurred by the Offeror prior to issuance of contract.

6.2 INDEMNIFICATION CLAUSE

The Contractor shall protect, hold free and harmless, defend and indemnify Charles County,

including its officers, agents, and employees from all liability, penalties, costs, losses, damages,

expenses, causes of action, claims or judgments, including attorney’s fees, resulting from injury

to, or death of, any person or damage to property of any kind, which injury, death or damage

arises out of, or is any way connected with the performance of the work under this contract. This

agreement shall apply to any acts or omissions, negligent conduct, whether active or passive,

including acts or omissions of contractor’s agents or employees; except that this agreement shall

not be applicable to injury, death or damage to the property arising from the sole negligence of

Charles County, it’s officers, agents and employees.

6.3 PAYMENT OF TAXES

The firm awarded the contract resulting from this solicitation shall be responsible for paying all

Maryland sales tax, and any other applicable taxes, on items purchased by the Contractor in the

pursuit of this contract. The County tax exempt status cannot be transferred to the Contractor.

6.4 INSURANCE

The Contractor shall provide, at their expense, the following:

Professional liability insurance with a limit of not less than $1,000,000.

Comprehensive automobile bodily injury and property damage insurance covering all

vehicles whether owned, hired, or non-owned operated by/or on behalf of the Contractor

in the performance of this contract with not less than the following units:

o Bodily Injury: $1,000,000 per person

$2,000,000 per occurrence

o Property Damage: $500,000 per occurrence

The Contractor shall also obtain and pay premium for the following:

Workmen’s Compensation in compliance with Maryland Statutory Limit.

Comprehensive General Liability in an amount not less than $2,000,000 (combined

personal injury and/or property damage) per occurrence subject to $2,000,000 aggregate.

The successful Offeror shall provide the County with Certificates of Insurance evidencing the

coverage required by this solicitation prior to award of a contract. The following certificates shall

name The County Commissioners of Charles County (or other name as directed by the County)

as an additional named insured:

Comprehensive automobile bodily injury and property damage insurance

Comprehensive General Liability

All Certificates shall reference the solicitation name and number, and have an ending date that

covers the entire contract term or extension period. The Contractor shall provide the County with

copies of the Declarations and Exclusions for the Professional Liability insurance.

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If the insurance obtained requires deductibles, the Contractor shall pay all costs not covered

because of such deductibles. Providing insurance as required herein does not relieve the

successful Offeror of any responsibility or obligations ensuing as a result of the contract award,

or for which the Offeror may be liable by law or otherwise. Proof of Insurance will be required

and must be submitted prior to final execution of the Contract by Charles County Government.

6.5 PERFORMANCE EVALUATIONS

The County shall perform periodic performance evaluations, at the County’s discretion, on all

Work performed by the Contractor under this Contract. The Contractor shall have the

opportunity to review performance evaluations upon request. Performance evaluations shall be

maintained in the County’s contract files.

6.6 SUBCONTRACTORS:

The Contractor shall not sublet any portion of this contract, or assign or transfer any interest in

this contract without receiving prior written approval from the County. Where two or more

Offerors desire to submit a single proposal in response to this RFP, they should do so on a prime-

subcontractor basis rather than as a joint venture. Subcontracts for any portion of this contract

must be clearly identified in the Offeror’s proposal. Subcontracts are subject to Minority

Business Enterprise (MBE) and Small Local Business Enterprise (SLBE) requirements detailed

herein.

6.7 NEWS RELEASE:

No news releases pertaining to this bid request or the service, study, or project to which it relates

will be made without County approval.

6.8 PUBLIC INFORMATION ACT NOTICE:

Offerors should give specific attention and identification of those portions of their bids which

they deem to contain confidential and/or proprietary information. Such information must be

individually noted as being confidential or proprietary, either at that location, or in a separate

consolidated listing contained within the bid/proposal, and provide justification of why the

material should not be subject to disclosure by the County upon request under the Maryland

Public Information Act. Offerors may not declare their entire proposal package to be

confidential or proprietary. Failure to provide specific identification and justification may result

in the County releasing the information if requested to do so.

6.9 HOLIDAY SCHEDULE

The following holidays are observed by the County:

NEW YEAR'S DAY

MARTIN LUTHER KING JR.'S BIRTHDAY

*LINCOLN'S BIRTHDAY

WASHINGTON'S BIRTHDAY

*MARYLAND DAY

GOOD FRIDAY

MEMORIAL DAY

INDEPENDENCE DAY

LABOR DAY

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COLUMBUS DAY

VETERAN'S DAY

ELECTION DAY(WHEN APPLICABLE)

THANKSGIVING DAY

DAY AFTER THANKSGIVING

CHRISTMAS DAY

*FLOATING HOLIDAYS - COUNTY OFFICES AND OPERATIONS SHALL BE OPEN.

6.10 MID-ATLANTIC PURCHASING TEAM RIDER CLAUSE

USE OF CONTRACT(S) BY MEMBERS COMPRISING Mid –Atlantic Purchasing Team

COMMITTEE

Extension to Other Jurisdictions

The Charles County Government extends the resultant contract(s), including pricing, terms and

conditions to the members of the Mid-Atlantic Purchasing Team, as well as all other public

entities under the jurisdiction of the United States and its territories.

Inclusion of Governmental & Nonprofit Participants (Optional Clause)

This shall include but not be limited to private schools, Parochial schools, non-public schools

such as charter schools, special districts, intermediate units, non-profit agencies providing

services on behalf of government, and/or state, community and/or private colleges/universities

that require these goods, commodities and/or services.

Notification and Reporting

The Contractor agrees to notify the issuing jurisdiction of those entities that wish to use any

contract resulting from this solicitation and will also provide usage information, which may be

requested. The Contractor will provide the copy of the solicitation and resultant contract

documents to any requesting jurisdiction or entity.

Contract Agreement

Any jurisdiction or entity using the resultant contract(s) may enter into its own contract with the

successful Contractor(s). There shall be no obligation on the party of any participating

jurisdiction to use the resultant contract(s). Contracts entered into with a participating

jurisdiction may contain general terms and conditions unique to that jurisdiction Including, by

way of illustration and not limitation, clauses covering minority participation, non-

discrimination, indemnification, naming the jurisdiction as an additional insured under any

required Comprehensive General Liability policies, and venue.

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MID-ATLANTIC PURCHASING TEAM MEMBERS

Complete this table and submit it with your bid. This extends the use of Contracts issued as a result of this solicitation to other

jurisdictions above if selected Yes (Y).

Y N Y N Y N

Alexandria, Virginia Fairfax County Water Authority Montgomery College Alexandria Public Schools Falls Church, Virginia Montgomery County, Maryland Alexandria Sanitation Authority Fauquier Co. Schools & Government Montgomery County Public School Annapolis City Frederick, Maryland Northern Virginia Community

College

Anne Arundel County Frederick County, Maryland Prince George’s Community College Anne Arundel School Gaithersburg, Maryland Prince George’s County, Maryland Arlington County, Virginia Greenbelt, Maryland Prince George’s Public Schools Arlington Co. Public Schools Harford County Prince William County, Virginia Baltimore City Harford County Schools Prince William County Public

Schools

Baltimore Co. Schools Howard County Prince William County Service

Author

Bladensburg, Maryland Howard County Schools Rockville, Maryland Bowie, Maryland Herndon, Virginia Spotsylvania County Carroll County Leesburg, Virginia Spotsylvania County Schools Carroll County Schools Loudoun County, Virginia Stafford County, Virginia Charles County Government Loudoun County Public Schools Takoma Park, Maryland City of Fredericksburg Loudoun County Water Authority Upper Occoquan Service Authority College Park, Maryland Manassas City Public Schools Vienna, Virginia District of Columbia Government Manassas Park, Virginia Washington Metropolitan Area

Transit Authority

District of Columbia Water & Sewer Auth.

Maryland DGS Purchasing Washington Suburban Sanitary

Commission

District of Columbia Public Schools

MD Nat’l Capital Park & Planning

Commission Winchester, Virginia

Fairfax, Virginia Metropolitan Washington Airport

Authority Winchester Public Schools

Fairfax County, Virginia Metropolitan Washington Council of

Governments

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7.0 FORMS

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SAMPLE CONTRACT

THIS CONTRACT, made this day of , in the year 2014, by and between

___________________________________hereinafter called the CONTRACTOR, and the CHARLES

COUNTY COMMISSIONERS, hereinafter called the COUNTY. The parties to this CONTRACT intend

to form a CONTRACT under seal.

WHEREAS, the CONTRACTOR will provide the necessary services for Bid No. 14-40, Economic

Development Website Redesign in CHARLES COUNTY, MARYLAND subject to all conditions,

covenants, stipulations, terms and provisions contained in the General Provisions and Scope of Work

being in all respect made a part hereof, at and for a sum equal to the aggregate cost of the services,

materials, and supplies done or furnished, at the prices and rates respectively named therefore in the

proposal, attached hereto;

Now, therefore, this CONTRACT witnesseth, that the CONTRACTOR both hereby covenant and

agree with the COUNTY that the CONTRACTOR will well and faithfully provide said necessary services

for the amount proposed in the CONTRACTOR’S PROPOSAL, dated , in accordance with

each and every one of the above-mentioned General Provisions and Scope of Work, at and for a sum

equal to the aggregate cost of the services, materials, and supplies done and furnished at the prices and

rates respectively named therefore in the CONTRACTOR’s proposal, and will well and faithfully comply

with and perform each and every obligation imposed upon him by said General Provisions and Scope of

Work.

The CONTRACTOR hereby agrees to complete all work under this CONTRACT to the

COUNTY’s satisfaction within (TBD) calendar days of a written a Notice to Proceed from the

COUNTY. The term of the contract for rates for additional work, over and above that required by the

Scope of Work, shall be from CONTRACT execution to

And the COUNTY doth hereby covenant and agree with the CONTRACTOR that it will pay to

the CONTRACTOR when due and payable under the terms of said General Provisions and Scope of

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Work, the above-mentioned amount; and it will well and faithfully comply with and perform each and

every obligation imposed upon it by said General Provisions and Special Provisions or the terms of said

award.

IN WITNESS WHEREOF, the parties hereto have set their hands and respective seals as of this

day and year first above written:

XXXXXXXXXX XXXXXXXXX XXXXX

By (Signature): (SEAL)

COUNTY COMMISSIONERS OF CHARLES

COUNTY, MARYLAND

By:

Printed Name/Title:

Candice Quinn Kelly, President

(Date)

(Date)

(Address)

Approved as to Form:

(City, State, Zip Code)

(SEAL)

Barbara L. Holtz, Esq., County Attorney

(Secretary)

(Date)

(Witness)

(Date)

NOTES: IF CONTRACTOR IS A CORPORATION, THE CORPORATE SECRETARY MUST ALSO SIGN, AND THE

CORPORATE SEAL MUST BE IMPRESSED. IF THE CORPORATION DOES NOT POSSESS A SEAL,

SIGNATORIES MUST “CIRCLE” THE WORD (SEAL) AND INITIAL.

BUSINESS ENTITIES OTHER THAN CORPORATIONS MUST SIGN, “CIRCLE” THE WORD (SEAL),

AND INITIAL. SIGNATURES MUST BE WITNESSED AND DATED.

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ADDENDUM CERTIFICATION

RFP Number: 14-40

Project Name: Economic Development Website Redesign

The undersigned acknowledges that he/she received the following Addenda to the Specification for the

above-identified bid, and that this bid was prepared in accordance with said Addenda.

Addendum Number: Date of Addendum:

Proposer

Address

Signature Date

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INTENDED NON-MBE SUB-CONTRACTORS

RFP Number: 14-40

Proposal Name: Economic Development Website Redesign

Note: Any MBE sub-contractors intended for this project shall be identified on the Proposed MBE

Contractors form.

Sub-contractor (Name and Address)

Work to be performed

Offeror:

Address:

Signature: Date:

All Offerors are required to complete this form and submit it with their proposal. Please note

N/A if Not Applicable.

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CHARLES COUNTY MBE UTILIZATION AFFIDAVIT

RFP Number: 14-40

Proposal Name: Economic Development Website Redesign

Name of Offeror:

Please respond to the following questions: Check One

Yes N o

1. Certified Minority Business Enterprise?

a. Certified by: State of Maryland?

b. Federal 8-A Registration?

c. Charles County Local Government?

d. Other (please list)

Principle Owner’s Minority Class (please check):

African American Asian American Hispanic American

Native American Women Other (please list)

2. If the response to Question 1 is no, have Minority Business Enterprises provided services, or supplied

any items associated with your response to this Request for Proposal or Invitation to Bid?

NOTE: If the response to Question 2 is yes, please include a list on the next page of all MBE subcontractors,

names and addresses, the nature of the services or supplies being furnished, percentage of the overall contract

amount and complete the remainder of this form. If the response to Question 2 is no, please provide signature

and title at bottom of form.

Total Proposal $

Total Minority Business Enterprise Bid/Proposal $

Percent of Total Minority Business Enterprise Contract $

Signature Title

All Offerors are required to complete this form and submit it with their proposal. Please note

N/A if Not Applicable.

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PROPOSED MBE SUB CONTRACTORS

(if applicable)

RFP Number: 14-40

Proposal Name: Economic Development Website Redesign

COMPANY NAME & ADDRESS: __________________________________________________

(Include City, State, Zip Code

and County) __________________________________________________

__________________________________________________

PRODUCT/SERVICES __________________________________________________

________________________________________________________________________________

* MINORITY CLASS ___________________ PERCENT OF PARTICIPATION _______

═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═

COMPANY NAME & ADDRESS: __________________________________________________

(Include City, State, Zip Code

and County) __________________________________________________

__________________________________________________

PRODUCT/SERVICES

________________________________________________________________________________

* MINORITY CLASS ___________________ PERCENT OF PARTICIPATION _______

═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═

COMPANY NAME & ADDRESS: __________________________________________________

(Include City, State, Zip Code

and County) __________________________________________________

__________________________________________________

PRODUCT/SERVICES __________________________________________________

________________________________________________________________________________

* MINORITY CLASS ___________________ PERCENT OF PARTICIPATION _______

═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ ═ If additional space is needed, please submit information on a separate sheet and attach hereto

See Part I, Section 5.1 for list of Minority Classes

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Charles County Government

SMALL LOCAL BUSINESS ENTERPRISE (SLBE) UTILIZATION AFFIDAVIT

Bidders/Offerors seeking SLBE preference are required to complete this form and submit it with their

bid/proposal.

Solicitation Information

Solicitation Name: Economic Development Website Redesign Solicitation #:14-40

Part 1. Prime Bidder/Offeror SLBE Status

Name of Bidder/Offeror: ___________________________________________________________________

Respond to the following questions:

Check One

Yes No

1. Is the Prime Contractor a Registered SLBE?

If Yes, identify the Bidder/Offeror’s SLBE Registration #:

2. If the response to Question 1 is No, is the Bidder/Offeror claiming SLBE

preference based upon the use of registered SLBE(s) to provide services

or items associated with the Bidder’s/Offeror’s Bid/Proposal?

Yes No

NOTE: If the response to Question 2 is Yes, complete Part 2 below and the “SLBE Subcontractors Participation

Schedule” form in Part 4.

Part 2. SLBE Subcontractor Participation

Provide the total value of SLBE work to be provided and complete the “SLBE Subcontractors Participation

Schedule” form in Part 4 identifying the individual SLBE(s) and the amount of their intended involvement.

Total Bid/Proposal Price: $

Total SLBE Work – Bid/Proposal Value: $

Percentage of Total Work (Dollar Value) of SLBE(s): %

Part 3. Certification of SLBE Preferences

By signing below, the BIDDER/OFFEROR certifies that it has complied with SLBE program requirements and

during the course of the project will maintain all terms and conditions set forth in the SLBE forms, including

the SLBE participation schedule and Letters of SLBE Intent. Additionally, the BIDDER/OFFEROR will notify

the Chief of Purchasing within 72 hours via written notice if a subcontractor on the SLBE participation

schedule is unable to perform work set forth in the schedule; and within 7 consecutive days of making the

determination, make a written request to amend the SLBE participation schedule. The COUNTY shall be

granted access to inspect any relevant matter related to SLBE Program compliance, including records and the

jobsite and to interview subcontractors and workers. The BIDDER/OFFEROR is aware that noncompliance, as

determined by the COUNTY, may result in the BIDDER/OFFEROR to take corrective actions and/or result in

sanctions as set forth in the contract.

__________________________________

Signature

_________________________

Title

__________________

Date

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Part 4. SLBE Subcontractors Participation Schedule

Instructions: Identify each registered SLBE subcontractor below, including SLBE registration numbers, Federal Employer Identification Numbers

(FEINs), company names and addresses, the nature of the services or supplies being furnished, value of work to be performed by the SLBE, and the

percentage of the overall project amount and complete the “Official Letter of SLBE Intent” with each SLBE subcontractor/joint-venture partner

included in the schedule below.

SLBE

Registration #

FEIN or Social

Security #

Company Name

Address

Phone & Fax

Services to be Provided

Value of

SLBE Work

From Letter

of

Intent

SLBE % of

Contract

$ %

$ %

$ %

$ %

$ %

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

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Charles County Government

OFFICIAL LETTER OF SLBE INTENT

A LETTER OF INTENT is required for each SLBE identified in Part 4 of the SMALL LOCAL

BUSINESS ENTERPRISE (SLBE) UTILIZATION AFFIDAVIT. The LETTER OF INTENT must be

signed by bother the Bidder/Offeror and Registered SLBE Firm.

Solicitation Information

Solicitation Name: Economic Development Website Redesign Solicitation #:14-40

Part 1. To be Completed by the Bidder/Offeror

Name of Bidder/Offeror: _____________________________________________________________

Address:__________________________________________________________________________

_________________________________________________________________________________

Contact Name/Title: ________________________________________________________________

Telephone: __________________________________ Fax: _________________________________

Email: ___________________________________________________________________________

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

Value of Work to be Performed by the SLBE: $

Value of Work as a Percentage of Total Bid/Proposal Price %

Part 2. To be Completed by the SLBE

Name of SLBE: ____________________________________________________________________

SLBE Registration #:____________________________

Address:__________________________________________________________________________

_________________________________________________________________________________

Contact Name/Title: ________________________________________________________________

Telephone: _____________________________ Fax: ______________________________________

Email: ___________________________________________________________________________

Part 3. Certification of SLBE Intent

The Bidder/Offeror certifies its intent to utilize the SLBE identified above for the effort identified in this

bid/proposal, and that the work described above is accurate. Bidder/Offeror will provide the County with a copy

of the related subcontract agreement and/or purchase order prior to commencement of the SLBE’s work. The

SLBE firm certifies that it has agreed to provide such work identified and/or supplies for the amount stated

above.

Bidder/Offeror: ___________________________________________

Signature Title ____________________

Date

SLBE Firm Rep: ___________________________________________

Signature Title ____________________

Date

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NON-COLLUSION AFFIDAVITS

RFP Number: 14-40

Proposal Name: Economic Development Website Redesign

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

1. That neither I, nor the best of my knowledge, information and belief, the Offeror, nor any officer,

director, partner, member, associate or employee of the Offeror, nor any person in his behalf, has in any

way agreed, connived or colluded with any one for and on behalf of the Offeror, to obtain information

that would give the Offeror an unfair advantage over others, nor gain any favoritism in the award of this

contract, nor in any way to produce a deceptive show of competition in the matter of bidding or award of

this contract.

2. That neither I, nor the best of my knowledge, information and belief, the Offeror, nor any officer,

director, partner, member, associate of the Offerer, nor any of its employees directly involved in

obtaining contracts with the State of Maryland or any County or any subdivision of the State has been

convicted of bribery, attempted bribery or conspiracy to bribe under the laws of any State or Federal

Government of acts or omissions committed after July 1, 1977, except as noted below: All pursuant to

Article 78A, Section 16D of the Annotated Code of Maryland.

Signature

Name and Title of Signer

Company

Date

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

or City of this year and date first written above.

Notary Public My Commission Expires

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PART II - GENERAL PROVISIONS

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1.0 GENERAL PROVISIONS

1. DEFINITIONS:

COMMISSIONERS The County Commissioners of Charles

County.

COUNTY The County Commissioners of Charles

County, Maryland.

CONTRACT The written agreement executed by the

County Commissioners of Charles County

and the successful proposer, covering the

performance of the work and the furnishing

of materials required in the construction of

the project. The contract shall include: A

conventional contract or award letter,

instructions to proposers, solicitation,

specifications and scope of work, special

provisions, general provisions, any other

addenda or written instructions pertaining to

the method and manner of performing the

work, and the Proposer’s proposal.

CONTRACTING OFFICER The Director of the Department of

Economic Development, and includes a duly

appointed successor or authorized

representative.

CONTRACTOR The person or persons, partnership, firm or

corporation who enters into a contract

awarded to him by the COUNTY.

DEPARTMENT The authorized division or agency of

Charles County government responsible for

the service or work for which the contract

will be written.

DAYS Calendar Days

EXTRA WORK A written order to the CONTRACTOR and

signed by the CONTRACTING OFFICER,

ordering a change in or an addition to the

work from that originally shown in the

specifications.

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GENERAL PROVISIONS All requirements and provisions contained

in this document.

INSTRUCTIONS TO PROPOSERS Information explaining the procurement

process, significant dates, and bidding

requirements.

OWNER The entity holding title or having vested

interest in the property and rights associated

with the property.

SPECIAL PROVISIONS Statements modifying or changing the

requirements or provisions of the General

Specifications or adding new requirements

or provisions thereto.

SPECIFICATIONS/SCOPE OF WORK The written or printed agreements and

instructions pertaining to the performance of

the work to be performed, and/or the

quantity and quality of the work/materials to

be furnished under the contract.

2. CHANGES:

A. The CONTRACTING OFFICER may, at any time, without notice to the sureties,

by written order designated or indicated to be a change order, make any change in

the work within the general scope of the contract, including but not limited to

changes:

(1) In the specifications (including drawings and design);

(2) In the method or manner of performance of the work;

(3) In the COUNTY furnished facilities, equipment, materials, services, or

site; or

(4) Directing acceleration in the performance of the work.

Any other written order or an oral order (which terms as used in this paragraph

(B.) shall include direction, instruction, interpretation, or determination) from the

CONTRACTING OFFICER, which causes any such change, shall be treated as a

change order under this article, provided that the CONTRACTOR gives the

CONTRACTING OFFICER written notice stating the date, circumstances, and

source of the order and that the CONTRACTOR regards the order as a change

order.

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B. Except as herein provided, no order, statement, or conduct of the

CONTRACTING OFFICER shall be treated as a change under this article or

entitle the CONTRACTOR to an equitable adjustment hereunder.

C. If any change under this article causes an increase or decrease in the

CONTRACTOR'S cost of, or the time required for, the performance of any part of

the work under this contract, whether or not changed by any order, an equitable

adjustment shall be made and the contract modified in writing accordingly;

provided, however, that except for claims based on defective specifications, no

claim for any change under paragraph (B.) above shall be allowed for any costs

incurred more than twenty (20) days before the CONTRACTOR gives written

notice as therein required; and provided further, that in the case of defective

specifications for which the COUNTY is responsible, the equitable adjustment

shall include any increased cost reasonably incurred by the CONTRACTOR in

attempting to comply with such defective specifications.

D. If the CONTRACTOR intends to assert a claim for an equitable adjustment under

this article, he must, within thirty (30) days after receipt of a written change order

under paragraph (A.) above or the furnishing of a written notice under paragraph

(B.) above, submit to the CONTRACTING OFFICER a written statement setting

forth the general nature and monetary extent of such claim, unless this period is

extended by the COUNTY. The statement of claim hereunder may be included in

the notice under paragraph (B.) above.

F. No claim by the CONTRACTOR for an equitable adjustment hereunder shall be

allowed if asserted after final payment under this contract.

3. CHANGE ORDERS:

A. Additional Costs:

The cost of any change ordered in writing by the CONTRACTING OFFICER

which results in an increase in the contract price will be determined by one or the

other of the following methods, at the election of the CONTRACTING

OFFICER.

(1) On the basis of a stated lump sum price, or other consideration fixed and

agreed upon by negotiation between the CONTRACTING OFFICER and

the CONTRACTOR in advance, or if this procedure is impractical

because of the nature of the work or for any reason,

(2) On the basis of the actual necessary cost as determined by the

CONTRACTING OFFICER, plus a fixed fee to cover general supervisory

and office expense and profit. The fixed fee shall not exceed fifteen

percent (15%) of the actual necessary costs. The actual necessary cost

will include all reasonable expenditures for material, labor, and supplies

furnished by the CONTRACTOR and a reasonable allowance for the use

of his plant and equipment where required, but will in no case include any

allowance for general superintendent, office expense, or other general

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expense not directly attributable to the extra work. In addition to the

foregoing, the following will be allowed: the actual payment by the

CONTRACTOR for workmen's compensation and public liability

insurance; performance and payment bonds (if any); and all

unemployment and other social security contributions (if any) made by the

CONTRACTOR pursuant to Federal or State statutes; when such

additional payments are necessitated by such extra work. An appropriate

extension of the working time, if such be necessary, also will be fixed and

agreed upon, and stated in the written order.

B. Reduced Costs:

The cost of any change ordered in writing by the CONTRACTING OFFICER

which results in a decrease in the contract price will be determined in a manner

conformable with paragraph A.2 under Additional Costs.

4. DIFFERING SITE CONDITIONS: (NOT APPLICABLE TO RFP 14-40)

A. The CONTRACTOR shall promptly, and before such conditions are disturbed,

notify the CONTRACTING OFFICER in writing of:

(1) Subsurface or latent physical conditions at the site differing materially

from those indicated in this contract, or

(2) Unknown physical conditions at the site, of an unusual nature, differing

materially from those ordinarily encountered and generally recognized as

inhering in work of the character provided for in this contract.

The CONTRACTING OFFICER shall promptly investigate the condition(s), and

if he finds that such conditions do materially differ and cause an increase or

decrease in the CONTRACTOR'S cost of, or the time required for, performance

of any part of the work under this contract, whether or not changed as a result of

such conditions, an equitable adjustment shall be made and the contract modified

in writing accordingly.

B. No claim of the CONTRACTOR under this article shall be allowed unless the

CONTRACTOR has given the notice required in paragraph (A.) above; provided,

however, the time prescribed therefore may be extended by the County.

C. No claim by the CONTRACTOR for an equitable adjustment hereunder shall be

allowed if asserted after final payment under this contract.

5. TERMINATION OF CONTRACT FOR CONVENIENCE:

A. The COUNTY may, by written notice to the CONTRACTOR, terminate this

contract in whole or in part at any time, either for the COUNTY'S convenience or

because of the failure of the CONTRACTOR to fulfill his obligations under this

contract.

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Upon receipt of such notice, the CONTRACTOR shall:

(1) Immediately discontinue any part or all services as directed by the County’s

authorized representative, and

(2) Deliver to the COUNTY the originals of all data, drawings, specifications,

reports, estimates, summaries and such other information and materials as

may have been accumulated by the CONTRACTOR in performing under

this contract, whether completed or in process.

B. If the termination is for the convenience of the COUNTY, an equitable

adjustment in the contract price shall be made but no amount shall be allowed for

anticipated profit on unperformed services.

C. If the termination is due to the failure of the CONTRACTOR to fulfill his

obligations under this contract, the COUNTY may take over the work and

prosecute the same to completion by contract or otherwise. In such case, the

CONTRACTOR shall be liable to the COUNTY for any additional cost

occasioned to the COUNTY.

D. If, after notice of termination for failure to fulfill obligations, it is determined that

the CONTRACTOR had not so failed, the termination shall be deemed to have

been effected for the convenience of the COUNTY. In such event, adjustment in

the contract price shall be made as provided in Paragraph B of this clause.

E. The rights and remedies of the COUNTY provided in this clause are in addition to

any other rights and remedies provided by law or under this contract.

6. TERMINATIONS FOR DEFAULT - DAMAGES FOR DELAY - TIME

EXTENSIONS: (DAMAGES FOR DELAY AND TIME EXTENSIONS NOT

APPLICABLE TO RFP 14-40)

A. If the CONTRACTOR refuses or fails to prosecute the work, or any separable

part thereof, with such diligence as will insure its completion within the time

specified in this contract, or any extension thereof, or fails to complete said work

within such time, the COUNTY may, by written notice to the CONTRACTOR,

terminate his right to proceed with the work or such part of the work as to which

there has been delay. In such event, the COUNTY may take over the work and

prosecute the same to completion, by contract or otherwise, and may take

possession of and utilize in completing the work such materials, appliances, and

plant as may be on site of the work and necessary therefore. Whether or not the

CONTRACTOR'S right to proceed with the work is terminated, he and his

sureties shall be liable for any damage to the COUNTY resulting from this refusal

or failure to complete the work within the specified time.

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B. If fixed and agreed liquidated damages are provided in the contract and if the

COUNTY so terminates the CONTRACTOR'S right to proceed, the resulting

damage will consist of such liquidated damages until such reasonable time as may

be required for final completion and acceptance of the work together with any

increased costs occasioned the COUNTY in completing the work.

C. If fixed and agreed liquidated damages are provided in the contract and if the

COUNTY does not so terminate the CONTRACTOR'S right to proceed, the

resulting damage will consist of such liquidated damages until the work is

completed and accepted.

D. The CONTRACTOR'S right to proceed shall not be so terminated nor the

CONTRACTOR charged with resulting damage if:

(1) The delay in the completion of the work arises from unforeseeable causes

beyond the control and without the fault or negligence of the

CONTRACTOR, including but not restricted to, acts of God, acts of the

COUNTY in its contractual capacity, acts of another Contractor in the

performance of a contract with the COUNTY, fires, floods, epidemics,

quarantine restrictions, strikes, freight embargoes, unusually severe

weather, or delays of subcontractors or supplies arising from

unforeseeable causes beyond the control and without the fault or

negligence of both the CONTRACTOR and such subcontractors or

suppliers; and

(2) The CONTRACTOR, within ten (10) days from the beginning of any such

delay (unless the CONTRACTING OFFICER grants a further period of

time before the date of final payment under the contract), notifies the

CONTRACTING OFFICER in writing of the causes of delay.

The CONTRACTING OFFICER shall ascertain the facts and the extent of

the delay and extend the time for completing the work when, in his

judgment, the findings of fact justify such an extension, and his findings of

fact shall be final and conclusive on the parties, subject only to appeal as

provided in the article of these General Provisions entitled Disputes.

E. If, after notice of termination of the CONTRACTOR'S right to proceed under the

provisions of this article, it is determined for any reason that the CONTRACTOR

was not in default under the provisions of this article, or that the delay was

excusable under the provisions of this article, the rights and obligations of the

parties shall, if the contract contains an article providing for termination for

convenience of the COUNTY, be the same as if the notice of termination had

been issued pursuant to such article. If, in the foregoing circumstances, this

contract does not contain an article providing for termination for convenience of

the COUNTY, the contract shall be equitably adjusted to compensate for such

termination and the contract modified accordingly; failure to agree to any such

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adjustment shall be a dispute concerning a question of fact within the meaning of

the article of these General Provisions entitled Disputes.

F. In the event the construction of this project is interrupted, halted or discontinued

by the order of a Court of competent jurisdiction or the order of a supervening

appropriate government authority over which the COUNTY has no control, then

in that event, it is the intention of these specifications that the COUNTY'S

liability shall be limited only to the actual value of the work already performed

and materials already purchased, with no allowance permitted for loss of profits

that would have ultimately accrued to the CONTRACTOR had the

CONTRACTOR completed the contract.

G. The rights and remedies of the COUNTY provided in this article are in addition to

any other rights and remedies provided by law or under this contract.

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

means subcontractors or suppliers at any tier.

7. PAYMENTS TO CONTRACTOR: (NOT APPLICABLE TO RFP 14-40)

A. The COUNTY will pay the contract price, less all costs for overtime

superintendence and inspection, as herein-after provided.

B. The COUNTY will make progress payments monthly as the work proceeds, or at

more frequent intervals as determined by the CONTRACTING OFFICER, on

estimates approved by the CONTRACTING OFFICER. Progress payments will

be due and payable thirty (30) calendar days after the COUNTY receives an

acceptable invoice. If requested by the CONTRACTING OFFICER, the

CONTRACTOR shall furnish a breakdown of the total contract price showing the

amount included therein for each principal category of the work, in such detail as

requested, to provide a basis for determining progress payments. In the

preparation of estimates, the CONTRACTING OFFICER, at his discretion, may

authorize material delivered on the site and preparatory work done to be taken

into consideration. Material delivered to the CONTRACTOR at locations other

than the site may also be taken into consideration (1) if such consideration is

specifically authorized by the contract and (2) if the CONTRACTOR furnishes

satisfactory evidence that he has acquired title to such material and that it will be

utilized on the work covered by this contract. Such payments shall be conditioned

upon submission by the CONTRACTOR of bills of sale or such other procedures

satisfactory to the COUNTY to establish the COUNTY'S title to such materials or

equipment or otherwise protect the COUNTY'S interest, including applicable

insurance and transportation to the site.

C. All material and work covered by progress payments made shall thereupon

become the sole property of the COUNTY but this provision shall not be

construed as relieving the CONTRACTOR from sole responsibility for all

material and work upon which payments have been made or the restoration of any

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damaged work, or as waiving the right of the COUNTY to require the fulfillment

of all of the terms of the contract.

8. MATERIAL AND WORKMANSHIP:

All work under this contract shall be performed in a skillful and workmanlike manner.

The CONTRACTING OFFICER may, in writing require the CONTRACTOR to remove

from the work any employee the CONTRACTING OFFICER deems incompetent,

careless, or otherwise objectionable.

9. SUPERINTENDENCY BY CONTRACTOR:

The CONTRACTOR shall give his personal superintendence to the work or have a

competent foreman or superintendent, satisfactory to the CONTRACTING OFFICER, on

the work at all times during progress, with authority to act for him.

10. PERMITS AND RESPONSIBILITIES:

The CONTRACTOR shall, without additional expense to the COUNTY, be responsible

for obtaining any necessary licenses and permits, and for complying with any applicable

Federal, State, and Municipal laws, codes, and regulations in connection with the

prosecution of the work. He shall be similarly responsible for all damages to persons or

property that occurs as a result of his fault or negligence. He shall take proper safety and

health precautions to protect the work, the workers, the public, and the property of others.

He shall also be responsible for all materials delivered and work performed until

completion and acceptance of the entire construction work, except for any complete unit

of construction thereof which theretofore may have been accepted.

11. CONDITIONS AFFECTING THE WORK:

The CONTRACTOR shall be responsible for having taken steps reasonably necessary to

ascertain the nature and location of the work, and the general and local conditions which

can affect the work or the cost thereof. Any failure by the CONTRACTOR to do so will

not relieve him from responsibility for successfully performing the work without

additional expense to the COUNTY. The COUNTY assumes no responsibility for any

understanding or representations concerning conditions made by any of its officers or

agents prior to the execution of this contract, unless such understanding or

representations by the COUNTY are expressly stated in the contract.

12. OTHER CONTRACTS:

The COUNTY may undertake or award other contracts for additional work excluded

from this contract, and the CONTRACTOR shall fully cooperate with such other

Contractors and COUNTY employees and carefully fit his own work to such additional

work as may be directed by the CONTRACTING OFFICER. The COUNTY'S separate

contractors will coordinate their work with the CONTRACTOR. The CONTRACTOR

shall not commit or permit any act which will interfere with the performance of work by

any other CONTRACTOR or by employees.

13. PATENT INDEMNITY:

Except as otherwise provided, the CONTRACTOR agrees to indemnify the COUNTY

and its officers, agents, and employees against liability, including costs and expenses, for

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infringement upon any Letters, Patents of the United States arising out of the

performance of this contract or out of the use or disposal by or for the account of the

COUNTY of supplies furnished or construction work performed hereunder.

14. 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, excepting bona fide employees or

bona fide established commercial or selling agencies maintained by the CONTRACTOR

for the purpose of securing business. For breach or violation of this warranty the

COUNTY shall have the right to annul this contract without liability or in its discretion to

deduct from the contract price or consideration, or otherwise recover, the full amount of

such commission, percentage, brokerage, or contingent fee.

15. EQUAL OPPORTUNITY:

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

A. The CONTRACTOR will not discriminate against any employee or applicant for

employment because of race, color, religion, sex, or national origin. The

CONTRACTOR will take affirmative action to ensure that applicants are

employed, and that employees are treated during employment, without regard to

their race, color, religion, sex, or national origin. Such action shall include, but

not be limited to, the following: employment, upgrading, demotion, or transfer;

recruitment or recruitment advertising; layoff or termination; rates or pay or other

forms of compensation; and selection for training, including apprenticeship.

B. The CONTRACTOR will, in all solicitations or advertisements for employees

placed by or on behalf of the CONTRACTOR, state that all qualified applicants

will receive consideration for employment without regard to race, color, religion,

sex, or national origin.

C. The CONTRACTOR will send to each labor union or representative of workers

with which he has a collective bargaining agreement or other contract or

understanding, a notice, to be provided by the CONTRACTING OFFICER

advising the labor union or worker's representative of the CONTRACTOR'S

commitments under this Equal Opportunity article, and shall post copies of the

notice in conspicuous places available to employees and applicants for

employment.

D. In the event of the CONTRACTOR'S noncompliance with the Equal Opportunity

article of this contract or with any of the said rules, regulations, or orders, this

contract may be cancelled, terminated, or suspended, in whole or in part.

16. SUSPENSION OF WORK:

A. The CONTRACTING OFFICER may order the CONTRACTOR in writing to

suspend, delay, or interrupt all or any part of the work for such period of time as

he may determine to be appropriate for the convenience of the public.

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B. If the performance of all or any part of the work is, for an unreasonable period of

time, suspended, delayed, or interrupted by an act of the CONTRACTING

OFFICER in the administration of this contract, or by his failure to act within the

time specified in this contract (or, if no time is specified, within a reasonable

time), an adjustment shall be made for any increase in the cost of performance of

this contract (excluding profit) necessarily caused by such unreasonable

suspension, delay, or interruption and the contract modified in writing

accordingly. However, no adjustment shall be made under this article for any

suspension, delay, or interruption to the extent (1) that performance would have

been so suspended, delayed, or interrupted by any other cause, including the fault

or negligence of the CONTRACTOR or (2) for which an equitable adjustment is

provided for or excluded under any other provision of this contract.

C. No claim under this article shall be allowed (1) for any costs incurred more than

twenty (20) days before the CONTRACTOR shall have notified the

CONTRACTING OFFICER in writing of the act or failure to act involved (but

this requirement shall not apply as to a claim resulting from a suspension order),

and (2) unless the claim, in an amount stated, is asserted in writing as soon as

practicable after the termination of such suspension, delay, or interruption, but not

later than the date of final payment under the contract.

17. SUBCONTRACTORS:

Subsequent to the award, the CONTRACTOR shall, submit for approval a complete list

of subcontractors who will be engaged by him in the execution of the work. After the list

of subcontractors has been approved, no changes shall be made in it without the

permission and approval of the CONTRACTING OFFICER. The CONTRACTING

OFFICER will, however, permit the CONTRACTOR to take the work out of the hands of

any or all of the subcontractors and complete it himself if for any reason it becomes

necessary or desirable for him to do so. That portion of the specifications beginning with

the CONSTRUCTION SPECIFICATIONS, if included in these documents, is arranged

for editorial convenience only, the divisions thereof are not to be construed in the whole

as the complete representation of the work, nor individually as authorization or approval

by the COUNTY to subdivide the CONTRACTOR'S responsibilities into subcontracts

related to such division. Nothing contained in the contract documents shall create any

contractual relationship between any subcontractor and the COUNTY.

18. FAIR TREATMENT OF SUBCONTRACTORS AND VENDORS:

The CONTRACTOR must make payment to any sub-contractor or vendor within 15

business days of receiving payment from the County for a Contractor invoice submitted

to the County that billed for services or commodities provided by that sub-contractor or

vendor. Contractors may not impose retainage rates upon sub-contractors that are higher

than those imposed upon the Contractor by the County.

19. SPECIFICATIONS, STANDARDS, AND FORMS: (NOT APPLICABLE TO RFP 14-

40)

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Specifications and also standards of associations, societies, and laboratories referred to in

these specifications shall become a part of this contract and shall be considered as though

incorporated herein. The latest edition or amendment of supplement thereto in effect on

the latest bid invitation shall apply. Standards of associations, societies, and laboratories

referred to in the specifications may be obtained directly from such organizations.

The COUNTY shall not be responsible for furnishing any drawing, specification, or

published material not specifically identified in the Special Provisions of these

specifications.

20. WORKING HOURS PER DAY: (NOT APPLICABLE TO RFP 14-40)

The normal number of working hours per day on this contract will be limited to eight (8),

unless otherwise authorized by the CONTRACTING OFFICER.

21. SATURDAYS, SUNDAYS, HOLIDAYS, AND NIGHT WORK: (NOT APPLICABLE

TO RFP 14-40)

The CONTRACTOR will not be permitted to do any work which requires the services of

the COUNTY'S inspection supervisory forces on Saturdays, Sundays, or holidays unless

otherwise authorized by the CONTRACTING OFFICER in writing. However, the

CONTRACTOR, with verbal permission of the CONTRACTING OFFICER, may be

permitted to perform on Saturdays and holidays, clean-up and such other items for which

no specific payment are involved. In cases of bona fide emergencies, sound judgment

shall be exercised.

22. CONTRACTOR RESPONSIBLE FOR OVERTIME COST: (NOT APPLICABLE TO

RFP 14-40)

In cases where the CONTRACTOR desires to work in excess of the normal number of

working hours per day and/or on designated COUNTY holidays, Saturdays, or Sundays,

the CONTRACTOR shall submit such requests in writing to the CONTRACTOR at least

three (3) days in advance of the requested extended working hour period. The

CONTRACTOR shall include with the request the specific tasks or operations to be

performed during the proposed period of extended working hours. The CONTRACTOR

shall be responsible for all costs incurred by the COUNTY in providing superintendence

and inspection services to accommodate the CONTRACTOR in working extended hours

including premium time, quality control testing, per diem, and miscellaneous expenses.

The COUNTY shall, with documentation, deduct the said monies for superintendence

and inspection of the CONTRACTOR's work outside the normal working hours from

payments due the CONTRACTOR. Said requested deductions shall not constitute a

change or change order to the contract. The CONTRACTOR expressly agrees to the

deductions from payments due in accordance with the following fee schedule for those

services as deemed necessary by the COUNTY:

COUNTY Staff ................... Actual Cost of Staff

Miscellaneous........................Actual Cost of Staff

Other ................................... Actual Cost of Staff

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23. EMERGENCY WORK: (NOT APPLICABLE TO RFP 14-40)

In case of an emergency, when work requiring supervision by the COUNTY or the

CONTRACTOR is to be performed on Saturdays, Sundays, holidays or for longer than

eight (8) hours per day, the CONTRACTOR shall request permission of the

CONTRACTING OFFICER to do so. If, in the opinion of the CONTRACTING

OFFICER, the emergency is bona fide, he will grant permission to the CONTRACTOR

to work such hours as may be necessary. Also if, in the opinion of the CONTRACTING

OFFICER, a bona fide emergency exists, he may direct the CONTRACTOR to work

such hours as may be necessary whether the CONTRACTOR requests permission to do

so or not.

24. OPERATING AND RESTORATION: (NOT APPLICABLE TO RFP 14-40)

The CONTRACTOR shall so conduct his operation as not to interfere with or endanger

the ordinary use of existing structures, roads, utilities, and other facilities. The

CONTRACTOR shall provide and maintain all temporary roadways which may be

authorized and all control and safety devices necessary to maintain traffic, safety and the

optimum normal use thereof. Equipment, operations, and materials shall be confined to

the limits defined by the CONTRACTING OFFICER.

The site of the work and facilities required to be constructed under the contract shall be

maintained in a clean, orderly, and safe condition. Rubbish, surplus materials, and excess

equipment shall not be permitted to accumulate during the progress of the work.

After each facility is completed and after all the work under the contract has been

completed, the structure, facility, temporary facilities, barricades, toilets, and all the

premises shall be left clean and in a condition satisfactory to the CONTRACTING

OFFICER.

The CONTRACTOR shall restore at his expense any damage to any property, including

damage to trees, shrubs, ground cover, and other vegetation, and the CONTRACTOR

shall save and hold the COUNTY free from all claims for damages or injury to all

persons or property caused or alleged to have been caused by the CONTRACTOR, his

agents, employees, workmen, and subcontractors in the execution of this contract.

25. WORK STOPPAGE BY THE COUNTY: (NOT APPLICABLE TO RFP 14-40)

The CONTRACTING OFFICER, by issuance of a stop work order, may direct the

CONTRACTOR to suspend any work that may be subject to damage because of weather

conditions.

26. SAFETY AND HEALTH:

The CONTRACTOR shall conduct his operations, including those involving machinery

and self-propelled vehicles and equipment in order to protect the lives and health of

employees and other persons; prevent damage to property, materials, supplies, and

equipment; and to avoid work interruptions; and the CONTRACTOR shall, in the

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performance of this contract, comply with the applicable provisions of Federal, State and

Municipal safety, health and sanitation laws and codes, and shall otherwise furnish and

employ such additional safeguards, safety devices, protective equipment and measures,

and fire preventive and suppressive measures and equipment as shall be necessary for the

protection of property and for the life and health of personnel. The CONTRACTOR

shall, after receipt of notice of deficiencies, immediately correct the conditions to which

attention has been directed. Such notice when served on the CONTRACTOR or his

representative at the site of work shall be deemed sufficient.

If the CONTRACTOR fails or refuses to comply promptly with requirements, the

CONTRACTING OFFICER may issue an order to suspend all or any part of the work.

When satisfactory corrective action is taken, an order to resume work will be issued. No

part of the time lost due to any such suspension order shall entitle the CONTRACTOR to

any extension of time for the performance of the contract or to excess costs or damages.

The CONTRACTOR shall maintain an accurate record of and shall report to the

CONTRACTING OFFICER in the manner and on the form prescribed by the

CONTRACTING OFFICER, all cases of death, occupational disease or traumatic injury

requiring medical attention or causing loss of time from work, or loss of or damage to

property of the CONTRACTOR, the public, or the COUNTY arising out of or in the

course of fires or employment incident to performance of work under this contract.

27. INSURANCE:

A. Workman’s Compensation:

Prior to executing the CONTRACT, the CONTRACTOR shall furnish

compensation insurance for employees engaged in this work, shall comply with

the Workmen's Compensation Laws of the State of Maryland and shall give proof

of such insurance satisfactory to the CONTRACTING OFFICER.

B. Liability:

Insurance provided shall be in accordance with

PART I, SECTION 6.4.

28. ADVERTISING: (NOT APPLICABLE TO RFP 14-40)

No signs or advertisements shall be displayed on the work site except with the prior

approval of the CONTRACTING OFFICER.

29. FEDERAL, STATE, AND LOCAL TAXES:

Except as may be otherwise provided in this contract, the contract price includes all

applicable Federal, State, and Local taxes, and duties.

30. INSPECTION AND ACCEPTANCE OF WORK:

All work on improvements shall be subject to inspection by the CONTRACTING

OFFICER during and upon completion of construction and to approval and acceptance by

such representative on behalf of the COUNTY, if said work is found to be in accordance

with the CONTRACT.

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When all work comprised in this contract has been completed, including cleanup and

restoration, the CONTRACTOR shall so notify the CONTRACTING OFFICER in

writing; the CONTRACTING OFFICER will then make a final inspection. When

defects, errors, and omissions disclosed by the final inspection have been corrected,

acceptance will be given in writing, but until such acceptance, the CONTRACTOR shall

be responsible for the work covered by this contract.

31. ERRORS AND OMISSIONS:

The CONTRACTOR shall, immediately upon his discovery of any statement or detail

which is discrepant or which otherwise appears to be in error, bring the same to the

attention of the CONTRACTING OFFICER for decision or correction. Full instructions

will always be given if such error or omission is discovered.

32. INTENT OF SPECIFICATIONS:

It is the spirit and intent of these documents, specifications, and of any drawings forming

part of them, to provide that the work and all parts thereof shall be fully completed and

suitable in every way for the purpose for which designed, and that all parts of the work

shall be of a quality be of a quality comparable and consistent with the general quality of

the facility being constructed. The CONTRACTOR shall supply all materials and do all

work which reasonably may be implied as being incidental to the work of this contract.

33. DISPUTES:

A. Except as otherwise provided in this contract, any dispute concerning a question

of fact arising under this contract which is not disposed of by agreement shall be

decided by the CONTRACTING OFFICER who shall reduce his decision to

writing and mail or otherwise furnish a copy thereof to the CONTRACTOR.

The decision of the CONTRACTING OFFICER shall be final and conclusive

unless, within thirty (30) days from the date of receipt of such copy, the

CONTRACTOR mails or otherwise furnishes to the CONTRACTING OFFICER

a written appeal addressed to the COUNTY. The decision of the COUNTY for

determination of such appeals shall be final and conclusive. In connection with

any appeal proceeding under this article, the CONTRACTOR shall be afforded an

opportunity to be heard and to offer evidence in support of his appeal. Pending

final decision of a dispute hereunder, the CONTRACTOR shall proceed diligently

with the performance of the contract and in accordance with the CONTRACTING

OFFICER'S decision.

B. This DISPUTES article does not preclude consideration of questions of law in

connection with decisions provided for in Paragraph A above. Nothing in this

contract, however, shall be construed as making final the decision of any

administrative, official, representative, or board on a question of law.

34. COMPLIANCE WITH FEDERAL EMPLOYMENT REGULATIONS:

A. Federal law requires that employers must verify that an individual whom they

plan to employ or continue to employ in the United States is authorized to accept

employment in the United States.

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B. By submitting a bid/proposal in response to this solicitation, the

Proposer/Contractor certifies that no person will be employed on this project in

any manner, including sub-contractors and suppliers, that is not eligible to work in

the United States, or whose employment is in violation of State or federal law.

The Contractor has sole responsible for compliance with this requirement.

C. Violation of this requirement may result in termination of the Contract, a penalty

of $1,000 per day or occurrence, whichever is higher, and/or reporting of the

violation to the appropriate authorities.

* * * * * END OF GENERAL PROVISIONS * * * * *

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PART III - SCOPE OF WORK

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1.0 GENERAL

The Charles County, Maryland Government’s Department of Economic Development (EDD) is

seeking proposals for creative/graphic design services and the redesign and development of a

new economic development website. EDD is looking for a firm with the capabilities to provide

comprehensive creative and technical services to develop, design, and maintain a non-proprietary

database driven website and Content Management System (CMS) in support of the County’s

economic development functions. The current website domain utilized by EDD is

www.MeetCharlesCounty.com.

EDD’s primary mission is to expand the local tax base and increase employment opportunities

for local residents through the attraction and retention of high quality, growth-oriented

companies. In late 2013, Charles County EDD commissioned an economic development

marketing firm to produce a marketing strategy and plan to effectively promote Charles County

as a top-notch location for business. In addition, the consultants were asked to review the current

EDD website, collateral promotional materials, and marketing outreach efforts, and make

specific recommendations for improvement of those elements in order to successfully execute

the developed marketing strategy. This marketing strategy and plan will be completed in April of

2014 and its recommendations will be provided to the chosen vendor by EDD for its utilization

in both the creative and website redevelopment phases.

2.0 PROJECT GOALS

In our efforts to effectively market and promote Charles County to prospective and expanding

businesses, EDD strives to convey a professional and appealing image as an innovative and

progressive business community and economic development department. It is therefore essential

that the graphic elements utilized on its website and in collateral materials, including an updated

logo and tagline if appropriate, effectively communicate the unique selling proposition of

Charles County, MD and EDD. Additionally, the creative elements, logo, and tagline should be

fully integrated into a sophisticated and current economic development website that effectively

interacts with external audiences of site selectors, prospective businesses seeking to relocate,

local businesses seeking to expand or access resources, and other target audiences as identified in

the referenced Marketing Strategy and Plan, as well as audiences of local and internal

stakeholders.

3.0 PROJECT DETAILS

EDD staff is anticipating that there will be ongoing, back and forth discussions between the

selected vendor and EDD staff during the project regarding the graphic elements, overall website

design, operation, and content. The design, development, and copy writing processes should be

flexible with opportunities for frequent reviews and response by EDD staff.

The project is broken down into the components below:

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3.1 Phase One: Creative Development

3.1.1 Graphic and Creative Elements

a. Utilizing the brand narrative and findings from the market research study, develop a

tagline, logo, and graphic elements that effectively convey the county’s unique selling

proposition as a top-notch location for businesses

b. Vendor will create at least three original logos/taglines for review and selection

c. Vendor shall test at least three messages and proposed creative elements among the

business community

d. Coordinate development of graphic elements with EDD staff

3.1.2 Administrative Communication and Marketing Package

a. Utilizing chosen logo and tagline, as well as the recommendations from the

aforementioned marketing strategy recommendations provided by EDD, create an

administrative communication and marketing package for use as a departmental style

guide.

b. Include colors, fonts, name, logo, tagline, and any related phrases, graphics, and

templates for fact sheets, e-newsletters, PowerPoint presentations, and other similar

items.

3.1.3 All art and collateral must be provided in high-resolution .jpg and vector formats

3.2 Phase Two: Website Development

3.2.1 Site Design

3.2.2 Vendor will propose a navigational layout for the entire website

a. Site design must take into consideration items listed in Site Design section below. The

website must have a consistent look and feel, including color scheme and graphic

elements, to unify the website based on results of branding phase and discussions with

EDD staff.

b. The County will sign-off on the design navigation before the vendor proceeds with

actual development

3.2.3 Site Development

a. Install and configure the website CMS software.

b. Develop the website based on the signed-off design (see Site Design above).

3.2.4 Training

a. Provide CMS and Analytics training to EDD and IT staff.

b. Provide either hard copy or electronic users’ manuals for CMS.

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3.2.5 Copy Writing

a. The vendor will recommend, compose, and update the content for the initial roll out of

the website.

b. EDD staff will provide support, background, local information, and guidance for copy

writing.

c. Content should be geared toward target audiences, with correct spelling and appropriate

grammar rules applied.

d. Vendor will have ongoing discussions with EDD staff regarding content during copy

writing process.

3.2.6 Implementation - Vendor will ensure that the website is fully operational, without

problems or broken links and all content is completed.

3.2.7 Go Live

a. The County will sign-off on the operational website when satisfied with design,

operation, and content.

b. Sign-off date will signify the “go live” date.

c. Vendor shall recommend tactics to promote and shall facilitate a web site launch.

3.2.8 One Year Support

a. Provide one (1) year of website support from the “go live” date, at no additional cost.

b. Live help desk support must be available Monday through Friday between the hours of

8:00am and 5:00pm EST.

c. Support must include a minimum of 30 remote and/or onsite hours specifically devoted

to creating new web pages or additional functionality.

d. The vendor must supply a technical account contact for Charles County to facilitate

management of the website.

e. Provide problem escalation mechanism.

4.0 OWNERSHIP

The design and content of the EDD website, the program source code for the site, and all

intellectual property arising out of this Contract will remain the sole property of Charles County

Government. The design of all graphic elements including the logo and tagline will also remain

the sole property of Charles County Government.

5.0 SITE DESIGN

The following section details the initial ideas for the design of the EDD website. These

guidelines should be adhered to but EDD welcomes other concepts or ideas in regard to the

design. Additionally Charles County is willing to eliminate elements that can be shown to be

impractical or unnecessarily expensive.

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5.1 The design of the new website should meet the following objectives:

a. Establish an impressive Internet presence in the area of Economic Development

websites, with a progressive, attractive, technologically savvy, and world class design.

b. Provide a location for existing Charles County businesses and potential Charles County

businesses to access information about available properties, resources, and tools

available to assist them.

c. Experience high ranking on major search engines.

d. Provide target audiences with economic and demographic information.

e. Provide EDD with a means to communicate with visitors via blogs, various forms of

electronic media, surveys and social media.

5.2 Listed below is a summary of the functionality and features desired for the new

EDD website.

Item Title Description

Website Design and Functionality

1. Responsive Site

The website will be designed to be fully responsive and

adhere to modern web design standards and provide an

optimal viewing experience – easy reading and navigate with

a minimum of resizing, panning and scrolling – across a wide

range of devices (from mobile phones to desktop computer

monitors)

2. Response time

Site must be optimized for quick page loading. Graphic and

other large files types provided with the site should be

designed with simplicity to allow for quickest loading.

3. Page navigation

Site must provide user-friendly navigation and be intuitive,

easy to read and understand. Navigation will be prominent,

logical, require minimal scrolling and provide quick access to

information. Cross-referenced information should be hyper-

linked from page to page within the website. All links on

pages must have descriptive link text. Pages should include

breadcrumbs.

4. ADA compliant

Site will be ADA compliant, at minimum meeting priority

one checkpoints of the Web Content Accessibility

Guidelines.

5. Internal search engine

Site will contain powerful search capabilities to help visitors

easily find relevant information on the site. Searches must

include all content types, including text, videos, audio, etc.

6. External search engines

Must incorporate techniques to ensure keyword and phrase

searches result in dominant positions on first page of popular

search engines (Google, Yahoo and Bing) results.

7. Appeal

Site must be designed to be visually pleasing to visitors and

appropriate to targeted audiences. Site will enhance user’s

overall visit with inclusion of video, slide shows, images,

sound, etc. as appropriate. Page design must be consistent

throughout the site.

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Item Title Description

8. Content Management System

(CMS)

Web based, secured CMS will be provided whereby site

content is easily maintained and managed by both non-

technical EDD staff and vendor. No specialized software

(FrontPage, Dreamweaver, etc.) is to be required. CMS must

provide user security with multiple levels of access/approval.

CMS will include, at a minimum:

- Ability to upload/modify documents and photos

- Ability to add, maintain and delete pages and content

- Ability to add, maintain and delete microsites

- Template creation

- Easy to use editor

- Versioning

- Content scheduling

The proposed CMS software must currently be in use in a

wide variety of industries/government entities. The

responding vendor must have prior experience with the CMS.

9. Utilize current technology/IT

trends

Site will be maintained and updated by vendor to stay abreast

of current IT technology pertaining to web site design and/or

economic development IT trends.

10. Printing

Site must display information clearly and facilitate printing of

information using standard printers. Site must allow users to

print using printer-friendly formats.

11. E-mail this page Site will include functionality to e-mail any web page.

12. Browser compatibility

Site must be compatible with current versions of all major

browsers, including IE, Chrome, Firefox, Safari, etc., while

still providing for graceful capabilities for older versions. Site

must work consistently across browsers on Windows, Linux

and Mac computer systems. Specify browsers, platforms and

versions of each supported.

13. Mobile Design should be capable of aesthetic rendering on mobile

devices and tablets without loss of functionality.

14. Multi-Lingual

Site will provide options to translate from English to various

languages. Specify tool utilized and language translations

available.

15. Website metrics

Must include a nonproprietary tool for website metrics to

provide exceptional traffic analytics. Training on use of

analytics must be included. Metrics must include analysis of

search terms. Specify metrics included and tool/software

utilized.

16. Error handling

Site should provide user-friendly error handling for 404 and

system errors. Error information should relay to Webmaster.

If a user clicks on a broken link, notification should be

emailed to point of contact in EDD.

17. Upload Ability

Throughout the site, the ability must exist for EDD staff to

upload videos, sound clips, images and publications which

can be viewed by the public. Visitors shall have ability to

download publications

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Item Title Description

Website Features

18. Form creation tools

Include functionality for EDD staff to create forms which will

smoothly integrate into the website. These website forms

will allow for completion and submittal by visitors. For

example, ability to create and post surveys, collect responses,

compile data and produce reports from the compiled data.

19. Employment Classified feature

Site should include an Employment Classified feature which

would allow registered County businesses to promote

approved employment opportunities to the EDD website and

allow individuals to search those opportunities. Please see

Calvert County MD site for

example of functionality:

http://www.co.cal.md.us/index.aspx?NID=963

20. Content update notification Site will allow visitors to sign up to be notified when the site

content changes (via e-mail or RSS).

21. EDD sections

Site must be designed to incorporate various sections in a

visually appealing manner. Examples of sections could

include:

About Us

Available Properties

Charles County Advantages

Data & Maps

Locating Here (incentives, workforce training, etc.)

News & Announcements

County Industry Information

Business Resources

Quality of Life

Upcoming Events List and Information

Contact/Connect With Us

With the input of EDD staff, vendor will recommend and

develop the content, sections, and navigation for the most

effective site and website design. Sections should allow EDD

staff to easily maintain the information which appears in

these sections as well as “feature” certain items in a section.

22. Integrate with Zoom

Prospector/GIS Planning site

Site must include a smooth integration with the County’s

Zoom Prospector site which provides available properties,

businesses, demographics, etc.

23. Social media integration

Site shall integrate with common social networking

applications such as LinkedIn, Twitter, YouTube, Facebook,

and Flickr accounts and will offer immediate connection

opportunities such as “Like us on Facebook now” and “Join

us on Linked In now.”

24. User database

Site will provide ability to gather e-mail addresses, areas of

interest and demographic information from visitors into

database to be used to compile mailing lists and for marketing

research purposes.

25. Microsite Ability to easily add microsites and maintain the pages within

the site

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Item Title Description

26. Blog Ability to create various blogs.

27. Home page image rotation Home page must feature a prominent rotating image display

which is maintainable via the CMS.

28. Contact Us

List of EDD members and staff including contact information

Similar to the Our Team page on this website

http://columbusregion.com/Columbus2020/Our-Team.aspx

29. Data Center

Site must include ability to establish a data center where

various data sets can be consolidated. Please see examples

we find appealing:

http://www.indypartnership.com/News_and_Media-

Downloads.aspx

http://columbusregion.com/Data-Reports.aspx

Vendor shall develop and compile appropriate data to support

and convey the County’s unique selling proposition as needed

for this and other sections. Vendor will verify and coordinate

with Charles County EDD the specific sources of data to be

utilized and shall collaborate regarding specific data sets.

EDD will provide vendor with any and all data it already has

available, but vendor shall be responsible for compiling the

final product and verifying accuracy of this content.

30. Link to Constant Contact

EDD newsletters are currently distributed through Constant

Contact. Site must have graphic link to Charles County

Constant Contact site as well as location for archival of past

e-newsletters.

31. PDF Report Creation

Site should include ability to select from a list of reports to

create one PDF combining all reports. Please see Greater

Richmond, VA site for example:

http://www.grpva.com/data-and-downloads/custom-report-

builder/.

********END OF SCOPE OF WORK********

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APPENDICES

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APP-1

APPENDIX A

CHARLES COUNTY COMPUTING ENVIRONMENT

Charles County Government Information Technology Division supports a wide variety of Computer

Technologies in support mission critical services. The IT staff supports traditional local government

missions with leading edge technologies that converge on our Institutional Network (I-Net). This

document provides information about the county’s computing environment, intranet/internet presence

and cyber system security.

Network Environment The county’s network architecture encompasses Local Area Networks (LAN's), Wireless Networks, and

the I-Net. Local Area Network specific hardware includes network hubs, switches, PCs/Laptops,

network printers/plotters, application servers, file servers, web servers and an IBM i5 midrange system.

As of 2014, we service over 570 users, over 630 PCs, over 150 Laptops, over 60 Tablets and over 650 IP

Telephones. Our servers run mainly Windows 2008 R2 and are both physical and virtual. We have over

120 servers and approximately half of those are virtual servers running on MS Hyper-V.

We design, configure, manage, and troubleshoot the county wireless network. This includes the local

access 802.11ac WiFi systems, the point to point Microwave WiFi systems, the 800 MHz tower data

network (TDN), and the back-haul 4G LTE data metrics system.

The I-Net (Institutional Network) is the county's Wide Area Network (WAN) and consists of over 130

sites through-out the county. IT staff are responsible for the maintenance and continued build-out of the

I-Net. Specific hardware includes network switches, media converters, routers, cable modems, VPN

Hardware Clients, CWDM Muxes, and Firewalls.

Network infrastructure services include Microsoft Active Directory (for Directory Services), internal

email routing, file and application access, an Electronic Document/Records Management System,

LAN/WAN connectivity, Cable Television Services, and web oriented services including HTTP/HTTPS

browsing, Proxy/Web Filtering, FTP services, DNS, website support, and SMTP/POP3 e-mail. Network

applications included are e-mail (GroupWise/Brightmail), O/S’s (Linux, MS 2008 R2 or later) Desktop

Management (ZenWorks/Patch Management) and Database Application support (Apache/Tomcat).

Data/Voice/Video Communications is provisioned and maintained by the IT staff.

We provide back-end support and configuration of telecommunications systems including the VoIP

telephone system, Telco Key Systems, and fax & efax data transport systems. We support traditional

Cell Feature Phones, Smart Phones using Blackberry Enterprise Server, and various BYOD devices via

a unified Mobile Device Management system. We provide Network Video Services throughout the

county government. These services include Video Surveillance on over 60 IP Video Cameras, Video

Conferencing via Cisco’s Tandberg H.323 IP conferencing, and support for the county’s PEG TV station

(CCGTV). CCGTV support services include support for HD Video Cameras, HF Audio system, Non-

linear Real-Time Video editing system, Video Scheduling/Play Back system, Video Server Storage

system, Real-Time Web Streaming Video system and Video Captioning system.

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APP-2

County’s standard IT computing environment Charles County Government has a highly standardized computing environment. All new applications

must be capable of operating in this standard computing environment.

Servers

Hardware: HP DL360

O/S: Windows 2008 R2 or later and Linux OES 10

Print

Hardware: HP laser printer, HP MFPs, HP Large Format

Software: Universal Driver latest revision

Desktop

Hardware: HP desktop and HP workstations (5 year replacement cycle)

O/S: Windows 7 Professional

Laptop

Hardware: HP Laptop and Lenovo Hybrid

O/S: Windows 7 Professional and Windows 8.1 Professional

Tablet

Hardware: Apple iPad and Panasonic Toughpad

Software: iOS and Windows 8.1 Professional

Database Engine: SQL Server 2008 or later , MySQL version 5.6

Reporting Tool: Crystal Reports 2011 or later

Internet Browser: IE 8.0 or Higher

E-mail: GroupWise 2012

Antivirus: Symantec Enterprise Protection

Web Servers: Apache Tomcat 7 or Higher, Microsoft IIS 7.0 or Higher

Office Suite: Microsoft Office 2007 or later

GIS: ESRI software products.

Data Replication

Software: Symantec NetBackup

Media: LTO5

Policy: System: Differential from Mon – Thu; Full on Friday

Database: Cold Backup At least Once a Week

Remote Desktop Management / Software Deployment Tool: ZEN CMS

Communication Devices: CISCO Switches, Routers and Access Points

Security Software: Barracuda Web Filter; CISCO ASA VPN Appliance; Brightmail

Cyber System Security

IT staff employ the necessary tools and use best practices to ensure security and availability of the data

and systems. Charles County Government requires all new employees to participate in an IT Security

Policy training session and sign the policy before using/accessing any CCG computer. Data Encryption

is enforced by our SSL connections and our VPN appliances. IT uses Cisco’s Prime LAN Management

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Solution (LIMS) 4.2 for security compliance and system monitoring. IT maintains a security patch

management policy to ensure that security patches are delivered to all county computers. IT enforces

the patch management policy with Microsoft’s Windows Server Update Services (WSUS). IT employs

multiple CA certificates both internal and external. Comodo Group provides external CAs for our

public facing security authentication. Our internal CA is provided by our MS AD root CA. All servers

and PCs are issued a certificate from this CA. All AD users have the capability of requesting a cert from

this CA, for email (S/MIME), file encryption, and code signing purposes. There are also Self Signed

Certs for internal application use only. Govolutions CA is used for all our credit card payments

applications.

County’s network connects to the Internet through a firewall. All publicly accessible web servers reside

on a section of the network identified as the DMZ. Internet users have restricted access to the web

servers only via HTTP/HTTPS protocol. FTP access is provided if required for an approved function.

No access allowed directly from the Internet to the internal network. IT staff perform on-going internal

network penetration testing using a suite of Linux tools such as Nmap, Wireshark and Hydra.

A server in DMZ may establish a point-to-point connection to an Application on the internal network if

required to perform an approved function. Any DMZ server required to communicate with a database

server in the internal network should do so through a proxy configured for a non-standard port. Under no

circumstances will a server on the DMZ have the ability to initiate a conversation with a workstation on

the internal network. Also DMZ servers are not allowed to connect out to the Internet via HTTP and

FTP protocol. Any other access will be provided only if it is required for an approved function and does

not compromise the security of the county’s Computing Environment.

Application Security

County proposes to follow three-tiered structure for web-enabled systems that are accessible from the

Internet. These systems will host their web pages on a web server while the application and databases

will reside on different server(s). This configuration promotes maintainability and is desired on all new

systems being evaluated for the County. This also allows the web server to be placed in DMZ with the

Application and database servers on the internal network for enhanced security. Internal web servers

reside on the internal network.

In addition, all web servers should have their systems configured to disable all non-essential

functionalities (SMTP, SNMP, FTP). County has a process to update all servers with the latest security

patches to enhance security. The application vendors should adhere to the industry practice of

compliance to the latest version of system software levels to ensure maximum security to information

and services provided by the County.

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APPENDIX B

SITE DESIGN COMPONENTS

Published separately, as a Word document and available

on the Charles County Bid Board, under RFP 14-40